2023 New Mexico Statutes › Chapter 28 - Human Rights › Article 16A - Developmental Disabilities › Section 28-16A-4 - Developmental disabilities council; creation; membership; terms.

A. The "developmental disabilities council" is created in accordance with the federal Developmental Disabilities Assistance and Bill of Rights Act. The council shall be an adjunct agency as provided in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978].
B. The council shall consist of no fewer than twenty-six members, at least sixty percent of whom shall be:
(1) persons with developmental disabilities;
(2) parents or legal guardians of children with developmental disabilities; or
(3) immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves.
C. Of the sixty percent of members described in Subsection B of this section, one-third shall be persons with developmental disabilities, one-third shall be members described in Paragraphs (2) and (3) of Subsection B of this section and one-third shall be a combination of members described in Subsection B of this section. At least one member described in Subsection B of this section shall be an immediate relative or guardian of a person who resides or previously resided in an institution or shall be a person with a developmental disability who resides or previously resided in an institution. No member of the council shall be an employee, or someone who manages employees, of a state agency that receives funds to provide developmental disabilities supports and services.
D. The council shall also include:
(1) the secretary of health, or the secretary's designee;
(2) the secretary of human services, or the secretary's designee;
(3) the secretary of children, youth and families, or the secretary's designee;
(4) the secretary of early childhood education and care, or the secretary's designee;
(5) the secretary of aging and long-term services, or the secretary's designee;
(6) the secretary of public education, or the secretary's designee;
(7) the director of the vocational rehabilitation division of the public education department, or the director's designee;
(8) the director of the state protection and advocacy system established pursuant to the federal Developmental Disabilities Assistance and Bill of Rights Act of 1990, or the director's designee;
(9) the director of an entity within a state institution of higher education designated as a university center for excellence in developmental disabilities education, research and service; and
(10) at all times, representatives of local and nongovernmental agencies and private nonprofit groups concerned with services for persons with developmental disabilities in New Mexico.
E. The governor shall select the members of the council for appointment pursuant to Subsection B and Paragraphs (9) and (10) of Subsection D of this section after soliciting recommendations from organizations representing a broad range of persons with developmental disabilities and other persons interested in persons with developmental disabilities. The council may, at the initiative of the council or at the request of the governor, coordinate council and public input to the governor regarding all recommendations.
F. The membership of the council shall be geographically representative of the state and reflect the diversity of the state with respect to race and ethnicity.
G. Members, except for ex-officio members, shall be appointed by the governor for terms of three years.
H. The governor shall provide for rotation of the membership of the council. These provisions shall allow members to continue to serve on the council until those members' successors are appointed and qualified.
I. The council shall notify the governor regarding membership requirements of the council and shall notify the governor when vacancies on the council remain unfilled for a significant period of time.
J. Council members shall recuse themselves from any discussion of grants or contracts for which such members' departments, agencies or programs are grantees, contractors or applicants. The council shall ensure that no council member casts a vote on any matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest.
History:
Laws 1993, ch. 50, § 4; 2021, ch. 61, § 4; 2022, ch. 30, § 7.
ANNOTATIONS
Cross references.
— For the federal Developmental Disabilities Assistance and Bill of Rights Act,
see
42 U.S.C. § 6000 et seq.
The 2022 amendment,
effective July 1, 2022, added the secretary of early childhood education and care, or the secretary's designee, to the developmental disabilities council; in Subsection B, after "no fewer than", deleted "twenty-five" and added "twenty-six"; in Subsection D, added a new Paragraph D(4) and redesignated former Paragraphs D(4) through D(9) as Paragraphs D(5) through D(10), respectively; in Subsection E, after "(9)", added "and (10)"; and in Subsection H, after "are appointed", added "and qualified".
The 2021 amendment,
effective June 18, 2021, renamed the developmental disabilities planning council as the developmental disabilities council, and revised the number and composition of the developmental disabilities council; in the section heading, after "disabilities", deleted "planning"; in Subsection A, after "developmental disabilities", deleted "planning", and deleted "developmental disabilities planning"; added new Subsections B through F and redesignated former Subsection C as Subsection G; and added new Subsections H through J.