reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-4 - Department established.

The "veterans' services department" is created in the executive branch. The department is a cabinet department and includes the following divisions:
A. the administrative services division;
B. the field services division;
C. the health care coordination division; and
D. the state benefits division.
History:
Laws 2004, ch. 19, § 4; 2017, ch. 84, § 2.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, created a new health care coordination division of the veterans' services department, and removed the state approving division as a division of the veterans' services department; and in Subsection C, after "the", deleted "state approving" and added "health care coordination".
Compiler's notes.
— Laws 2004, ch. 19, § 30, effective May 19, 2004, provided for the transfer of functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the veterans' service commission to the veterans' services department pursuant to executive order issued in accordance with Laws 2003, Chapter 403 and to provide that all statutory references to the veterans' service commission shall be deemed to be references to the veterans' services department.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-5 - Secretary of veterans' services; appointment.

A. The chief executive and administrative officer of the department is the "secretary of veterans' services". The secretary shall be appointed by the governor with the consent of the senate and shall hold the office at the pleasure of the governor and serve in the executive cabinet.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of the office during the period of time prior to final action by the senate confirming or rejecting his appointment.
History:
Laws 2004, ch. 19, § 5.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-7 - Department responsibilities.

The department is responsible for:
A. assisting veterans and their surviving spouses, children and gold star parents in the preparation, presentation and prosecution of claims against the United States arising by reason of military or naval service;
B. assisting veterans and their surviving spouses, children and gold star parents in establishing the rights and the procurement of benefits that have accrued or may accrue to them pursuant to state law;
C. disseminating information regarding laws beneficial to veterans and their surviving spouses, children and gold star parents; and
D. cooperating with agencies of the United States that are or may be established for the beneficial interest of veterans, to which end the department may enter into agreements or contracts with the United States for the purpose of protecting or procuring rights or benefits for veterans.
History:
Laws 2004, ch. 19, § 7; 2017, ch. 84, § 3.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, provided that the veterans' services department is responsible for assisting gold star parents in the preparation, presentation and prosecution of claims against the United States arising by reason of military or naval service, in establishing the rights and the procurement of benefits that have accrued or may accrue to them pursuant to state law, and for disseminating information regarding laws beneficial to gold star parents; in Subsections A, B and C, after "surviving spouses", deleted "and their", and after "children", added "and gold star parents"; in Subsection B, after "assisting veterans", added "and"; and in Subsection C, after "beneficial to veterans", added "and".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-8 - Organizational units of department; powers and duties specified by law; access to information.

The powers and duties of the officers of the organizational units of the department shall be subject to the direction and supervision of the secretary, and the secretary shall retain final decision-making authority and responsibility in accordance with Section 6 [9-22-6 NMSA 1978] of the Veterans' Services Department Act. The department shall have access to all records, data and information of other departments, agencies and institutions, including its own organizational units not specifically held confidential by law.
History:
Laws 2004, ch. 19, § 8.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-9 - Divisions; directors.

The secretary may appoint, with the approval of the governor, "directors" of the divisions that are established within the department. Directors are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2004, ch. 19, § 9.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-10 - Bureaus; chiefs.

The secretary may establish, within each division, such "bureaus" that the secretary deems necessary to carry out the provisions of the Veterans' Services Department Act. The secretary shall appoint a "chief" to be the administrative head of a bureau. All chiefs and subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978], unless otherwise provided by law.
History:
Laws 2004, ch. 19, § 10.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-11 - Administrative services division; duties.

A. The administrative services division shall provide administrative services to the department, including:
(1) keeping all official records of the department;
(2) providing clerical services in the areas of personnel and budget preparation;
(3) providing clerical, recordkeeping and administrative support to agencies administratively attached to the department at their request;
(4) coordinating short- and long-term planning of the department; and
(5) administering programs and grants that have been assigned to the department by the secretary or governor or by statute, including management of the state approving bureau.
B. The administrative services division shall provide fiduciary services, including acting as either court-appointed conservator or representative payee for veterans adjudicated as unable to handle their own financial affairs without assistance. The division shall manage fiduciary funds and safeguard the assets for veterans and their dependents.
History:
Laws 2004, ch. 19, § 11; 2017, ch. 84, § 4.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, provided that the administrative services division's duty to administer programs and grants that have been assigned to the veterans' services department by the secretary of veterans' services or the governor includes the management of the state approving bureau; in Subsection A, Paragraph A(5), after "governor or by statute", added "including management of the state approving bureau".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-12 - Field services division; powers and duties.

The field services division shall assist veterans and their families with claims for federal veterans' administration compensation, pensions, education, medical care and death benefits. The field services division shall operate field offices throughout the state to provide services and disseminate information regarding all federal and state laws beneficial to veterans and their families.
History:
Laws 2004, ch. 19, § 12.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-12.1 - Health care coordination division.

The health care coordination division shall:
A. develop and coordinate veterans programs and outreach, including transitional living, housing and health care programs; and
B. advise and coordinate with the secretary regarding all health care-related issues for veterans and veterans' families.
History:
Laws 2017, ch. 84, § 7; 2019, ch. 146, § 1.
ANNOTATIONS
The 2019 amendment,
effective July 1, 2019, removed the duty of providing oversight of the New Mexico state veterans' home from the health coordination division; and deleted Subsection B and redesignated former Subsection C as Subsection B.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-13 - State approving bureau.

A. The state approving bureau is created within the administrative services division of the department and is the state approving agency for the purposes of 38 USCA Section 3671.
B. The state approving bureau shall evaluate and approve educational programs and training programs for all persons and veterans eligible for educational assistance pursuant to the provisions of Title 38 of the United States Code. Approval of courses, educational programs and training programs, including training on the job, by the state approving bureau shall be in accordance with the provisions of Title 38 of the United States Code.
History:
Laws 2004, ch. 19, § 13; 2017, ch. 84, § 5.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, changed the state approving division to the state approving bureau within the administrative services division of the veterans' services department; deleted "division" and added "bureau" throughout the section; in the catchline, deleted "division" and added "bureau"; and in Subsection A, added "created within the administrative services division of the department and is".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-14 - State benefits division.

The state benefits division shall:
A. provide oversight of veterans' service organizations;
B. develop or coordinate veterans' programs and outreach, including economic development; and
C. determine eligibility for, conduct or oversee state-funded veterans' services and benefits, including determining eligibility for veteran property tax exemptions, hunting and fishing licensing and motor vehicle license plate programs; managing the Vietnam and children of deceased veterans scholarship programs; and overseeing the military honors burial program and state veterans' cemeteries, monuments and museums.
History:
Laws 2004, ch. 19, § 14; 2017, ch. 84, § 6.
ANNOTATIONS
The 2017 amendment,
effective July 1, 2017, removed certain programs from the list of veterans' programs that are coordinated by the state benefits division under this section, and made technical changes; in Subsection B, after "including", deleted "transitional living, housing, healthcare and"; and in Subsection C, after "overseeing the", deleted "state funeral" and added "military", and after "honors", deleted "and".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-14.1 - Veterans' enterprise fund; purpose; administration.

The "veterans' enterprise fund" is created in the state treasury. The fund consists of appropriations, gifts, grants, donations, bequests, proceeds from the sale of publications produced by the department, fees collected by the department and public or private funds applied for and received by the department to carry out its programs, duties or services. Interest earned on money in the fund shall be credited to the fund. Money in the fund at the end of a fiscal year shall not revert to the general fund or any other fund. The department shall administer the fund, and money in the fund is appropriated to the department to carry out its programs, duties or services. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of veterans' services or the secretary's authorized representative.
History:
Laws 2011, ch. 40, § 2.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 40, § 3 made Laws 2011, ch. 40, § 2 effective July 1, 2011.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-15 - Repealed.

History:
Laws 2004, ch. 19, § 15; repealed by Laws 2017, ch. 84, § 10.
ANNOTATIONS
Repeals.
— Laws 2017, ch. 84, § 10 repealed 9-22-15 NMSA 1978, as enacted by Laws 2004, ch. 19, § 15, relating to the veterans' services advisory board, effective July 1, 2017. For provisions of former section,
see
the 2016 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-16 - Power to act as a personal representative or conservator.

A. The department may act as a:
(1) personal representative of a deceased veteran;
(2) conservator of the estate of a minor child of a veteran;
(3) conservator of the estate of an incompetent veteran; or
(4) conservator of the estate of a person who is a bona fide resident of New Mexico and who is certified by the United States veterans' administration as having money due from the veterans' administration, the payment of which is dependent upon the appointment of a conservator for the person.
B. A fee shall not be allowed or paid to the department for acting as a personal representative or conservator.
C. When the department is appointed as a personal representative in the last will of a veteran, the court or officer authorized to grant testamentary letters in the state shall, upon the proper application, grant testamentary letters to the department. When application is made to a court or officer having authority to grant letters of administration with the will annexed upon the estate of a veteran or upon the estate of a deceased veteran who may have died intestate, and there is no person entitled to the letters who is qualified, competent, willing or able to accept such administration, the court or officer may, at the request of a party interested in the estate, grant letters of administration to the department. A court or officer having authority to grant letters of guardianship of an infant may, upon the same application as is required by law for the appointment of a guardian of such an infant, appoint the department as conservator of the estate of an infant who is the child of a veteran. A court having jurisdiction to appoint a conservator of the estate of an incompetent may appoint the department to be such conservator when the incompetent is a veteran. A court having jurisdiction over a person who is a resident of New Mexico, and who is certified by the United States veterans' administration as having money due from the veterans' administration, the payment of which is dependent upon the appointment of a conservator for the person, may appoint the department to be the conservator.
D. The court or officer may make orders respecting the department as the personal representative or conservator and may require the department to render all accounts that the court or officer might lawfully require if the personal representative or conservator were a natural person.
History:
Laws 2004, ch. 19, § 16.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-17 - Court proceedings for appointment as personal representative or conservator.

The department may institute a proceeding in a court of competent jurisdiction for appointment as personal representative of the estate of a deceased veteran or as conservator of the estate of a minor child of a veteran or as conservator of the estate of an incompetent veteran without cost and tax.
History:
Laws 2004, ch. 19, § 17.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-18 - Action as a personal representative or conservator; bond.

The department shall post with the secretary of state a corporate surety bond in the amount of five hundred thousand dollars ($500,000). The bond shall be conditioned upon the faithful discharge of the duties of the department as personal representative or conservator and shall inure to the use and benefit of each person or estate for whom the department is appointed to act. In a case or proceeding in which the department is appointed as a personal representative of the estate of a veteran or as a conservator of the estate of an incompetent veteran or as a conservator of the estate of a minor child of a veteran, the department shall act without additional bond and the court or official having jurisdiction shall so order in its order of appointment.
History:
Laws 2004, ch. 19, § 18.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-19 - Bond premium cost proration.

In each case where the department is appointed to serve as a personal representative or conservator of the estate of a beneficiary of the United States veterans' administration, the court in which the estate is filed shall authorize a charge for each estate's share of the bond premium to be paid from the assets of the estate. The department shall determine the charge to be made against each estate, and the aggregate amount of all charges shall not exceed the bond premium. It is the intent of the legislature that this charge shall be the share of each estate in the cost of the bond that the department posts as provided in Section 18 [9-22-18 NMSA 1978] of the Veterans' Services Department Act.
History:
Laws 2004, ch. 19, § 19.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 22 - Veterans' Services Department › Section 9-22-20 - Oaths and affirmations.

The secretary and the employees designated by the secretary may administer oaths and affirmations and execute attestation and certificates.
History:
Laws 2004, ch. 19, § 20.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 19 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-1 - Short title.

Sections 1 through 11 [9-23-1 to 9-23-11 NMSA 1978] of this act may be cited as the "Aging and Long-Term Services Department Act".
History:
Laws 2004, ch. 23, § 1.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
Compiler's notes.
— Laws 2004, ch. 23, § 13, effective May 19, 2004, provided for the transfer of functions, personnel, appropriations, money, records, equipment, supplies, other property and contractual obligations of the state agency on aging to the aging and long-term care department pursuant to executive order issued in accordance with Laws 2003, Chapter 403 and provided that all statutory references to the state agency on aging shall be deemed to be references to the aging and long-term services department. The functions of the traumatic brain injury program, the home- and community-based medicaid waiver program for the disabled and elderly were transferred to the aging and long-term services department. The functions of the adult protective services, adult day care, attendant care and other home- and community-based long-term care programs that serve seniors or adults with disabilities were transferred from the children, youth and families department to the aging and long-term services department by January 1, 2006.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-2 - Purpose.

The purpose of the Aging and Long-Term Services Department Act is to create a single, unified department to administer all laws and exercise all functions formerly administered by the state agency on aging and to administer laws and exercise functions of the human services department [health care authority department], the department of health and the children, youth and families department that relate to aging, adults with disabilities or long-term care services.
History:
Laws 2004, ch. 23, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-3 - Definitions.

As used in the Aging and Long-Term Services Department Act:
A. "department" means the aging and long-term services department; and
B. "secretary" means the secretary of aging and long-term services.
History:
Laws 2004, ch. 23, § 3.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-4 - Department created; divisions.

A. The "aging and long-term services department" is created. The department is a cabinet department and includes the following divisions:
(1) administrative services division;
(2) consumer and elder rights division;
(3) aging network services division;
(4) long-term care division; and
(5) adult protective services division.
B. The secretary may organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy.
History:
Laws 2004, ch. 23, § 4.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
Cross references.
— For implementation of medicaid programs,
see
27-15-1 NMSA 1978 et seq., Money Follows the Person in New Mexico Act.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-5 - Secretary of aging and long-term services; appointment.

A. The chief executive and administrative officer of the department is the "secretary of aging and long-term services". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold that office at the pleasure of the governor and shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the secretary-designate's appointment.
History:
Laws 2004, ch. 23, § 5.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-7 - Division directors.

The secretary shall appoint, with the approval of the governor, "directors" of divisions established in the department. The directors so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2004, ch. 23, § 7.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-8 - Bureaus; chiefs.

The secretary may establish in the divisions such bureaus as the secretary deems necessary to carry out the provisions of the Aging and Long-Term Services Department Act. The secretary shall employ a "chief" to be the administrative head of a bureau.
History:
Laws 2004, ch. 23, § 8.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-9 - Divisions; general duties.

In addition to the duties assigned to each division of the department by the secretary:
A. the administrative services division shall provide clerical, recordkeeping and administrative support to the department in the areas of personnel, budget, procurement and contracting;
B. the consumer and elder rights division shall administer the long-term care ombudsman program and provide health insurance and benefits counseling and legal services;
C. the aging network services division shall administer the federal Older Americans' Act programs;
D. the long-term care division shall administer home- and community-based long-term care programs; and
E. the adult protective services division shall provide adult protective services.
History:
Laws 2004, ch. 23, § 9.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
Cross references.
— For the Older Americans Act of 1965,
see
Pub.L. 89-73, 79 Stat. 218.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-10 - Office of Indian elder affairs created.

The "office of Indian elder affairs" is created within the office of the secretary. The office of Indian elder affairs shall assume the responsibilities of the Indian area agency on aging, including contract management, program compliance monitoring, technical assistance, advocacy and training to pueblo and Apache tribe Older Americans Act of 1965 programs, and to establish relationships that support the efforts of the Navajo area agency on aging, and shall participate with the other divisions of the department to review and make recommendations regarding other health and social programs of the department that serve Indian elders. Abolishment or transfer of the office of Indian elder affairs out of the department shall require approval of the legislature.
History:
Laws 2004, ch. 23, § 10.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
Cross references.
— For the Older Americans Act of 1965,
see
Pub.L. 89-73, 79 Stat. 218.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-11 - Organizational units of the department; powers and duties specified by law; access to information.

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 6 [9-23-6 NMSA 1978] of the Aging and Long-Term Services Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
History:
Laws 2004, ch. 23, § 11.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-12 - State agency on aging; successor agency [aging and long-term services department]; duty.

The state agency on aging, or a successor agency [aging and long-term services department], shall appoint the secretary or the secretary's designee to serve as a member of the interagency behavioral health purchasing collaborative and shall ensure that any behavioral health services, including mental health and substance abuse services funded, provided, contracted for or approved, are in compliance with the requirements of Section 9-7-6.4 NMSA 1978.
History:
Laws 2004, ch. 46, § 15.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 23, § 13 provided that all statutory references to the state agency on aging shall be deemed references to the aging and long-term services department, effective May 19, 2004.
Effective dates.
— Laws 2004, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 23 - Aging and Long-Term Services Department › Section 9-23-13 - Kiki Saavedra senior dignity fund; created; purpose; appropriation.

A. The "Kiki Saavedra senior dignity fund" is created as a nonreverting fund in the state treasury and shall be administered by the aging and long-term services department. The fund consists of money that is appropriated or donated or that otherwise accrues to the fund.
B. Money in the Kiki Saavedra senior dignity fund shall be subject to legislative appropriation to address high-priority services for senior citizens in New Mexico, including transportation, food insecurity, physical and behavioral health, case management and caregiving. More particularly, the goals of the fund are increased access for seniors and adults with disabilities, including veterans, to specialty vehicles and to specialty physical and behavioral health care not always provided in rural areas; assistance with appointments and meals in underserved areas of the state; and care coordination through community health workers.
C. Expenditures from the fund shall be made on warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of aging and long-term services or the secretary's authorized representative.
History:
Laws 2020, ch. 8, § 1
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 8 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-1 - Short title.

Chapter 9, Article 24 NMSA 1978 may be cited as the "Public Education Department Act".
History:
Laws 2004, ch. 27, § 1; 2005, ch. 286, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, added the statutory reference to the act.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-2 - Purpose.

The purpose of the Public Education Department Act is to establish a single, unified department to administer laws and exercise functions formerly administered and exercised by the state board of education and the state department of public education.
History:
Laws 2004, ch. 27, § 2.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-3 - Definitions.

As used in the Public Education Department Act:
A. "commission" means the public education commission;
B. "department" means the public education department; and
C. "secretary" means the secretary of public education.
History:
Laws 2004, ch. 27, § 3.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-4 - Department created.

A. The "public education department" is created in the executive branch. The department is a cabinet department and includes the following divisions:
(1) the administrative services division;
(2) the assessment and accountability division;
(3) the charter schools division;
(4) the educator quality division;
(5) the Indian education division;
(6) the information technology division;
(7) the instructional support and vocational education division;
(8) the program support and student transportation division;
(9) the quality assurance and systems integration division;
(10) the rural education division; and
(11) the vocational rehabilitation division.
B. The secretary may organize the department and divisions of the department and may transfer or merge functions between divisions and bureaus in the interest of efficiency and economy.
History:
Laws 2004, ch. 27, § 4; 2005, ch. 286, § 2; 2006, ch. 94, § 1.
ANNOTATIONS
Cross references.
— For the Public School Code,
see
22-1-1 NMSA 1978.
For the public education department,
see
N.M. Const., art. XII, § 6 and 9-24-15 NMSA 1978.
The 2006 amendment,
effective July 1, 2007, added Paragraph (3) of Subsection A to include the charter schools division.
The 2005 amendment,
effective June 17, 2005, added the enumeration of divisions in Subsections A(1) through (10); deleted the former provision of Subsection B, which provided that the secretary make recommendations to the legislature on the statutory organization of the department and provides for the divisions of the department until it was statutorily organized.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-6 - Division directors.

The secretary shall appoint, with the approval of the governor, directors of the divisions established within the department. Division directors are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2004, ch. 27, § 6.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-7 - Bureau chiefs.

The secretary may establish within each division of the department such bureaus as he deems necessary to carry out the provisions of the Public Education Department Act. He shall employ a chief to be the administrative head of each bureau. The chiefs and all subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2004, ch. 27, § 7.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-10 - Organizational units of the department; powers and duties specified by law; access to information.

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any laws as provided in Subsection B of Section 8 [9-24-8 NMSA 1978] of the Public Education Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
History:
Laws 2004, ch. 27, § 10.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-11 - Advisory committees.

A. Advisory committees may be created. "Advisory" means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978].
B. All members of advisory committees appointed under the authority of this section shall receive as their sole remuneration for services as a member those amounts authorized under the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 2004, ch. 27, § 11.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-12 - Cooperation with the federal government; authority of secretary; single state agency status.

A. The department is authorized to cooperate with the federal government in the administration of education programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement education programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.
B. The governor or the secretary may by appropriate order designate the department or any organizational unit of the department as the single state agency for the administration of any public school program when that designation is a condition of federal financial or other participation in the program under applicable federal law, rule or order. Whether or not a federal condition exists, the governor may designate the department or any organizational unit of the department as the single state agency for the administration of any public school program. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.
History:
Laws 2004, ch. 27, § 12.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-13 - Public education department.

The public education department shall appoint the secretary of public education or the secretary's designee to serve as a member of the interagency behavioral health purchasing collaborative and shall ensure that any behavioral health services, including mental health and substance abuse services funded, provided, contracted for or approved, are in compliance with the requirements of Section 9-7-6.4 NMSA 1978.
History:
Laws 2004, ch. 46, § 17.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 46 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 24 - Public Education Department and Commission › Section 9-24-14 - Temporary provision; transfer.

On July 1, 2003:
A. all personnel of the deficiencies correction unit of the public school capital outlay council and up to four full-time employees of the capital outlay unit of the state department of public education are transferred to the public school facilities authority. The superintendent of public instruction and the public school capital outlay council shall jointly determine the employees of the capital outlay unit to be transferred pursuant to this subsection; provided that employees subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978] prior to the transfer shall remain subject to the provisions of that act subsequent to the transfer;
B. all appropriations, money, records, property, equipment and supplies of the public school capital outlay council and the state department of public education that are primarily associated with the personnel described in Subsection A of this section are transferred to the public school facilities authority;
C. all contracts and agreements of the public school capital outlay council and the state department of public education relating to the activities of the personnel described in Subsection A of this section are transferred to the public school facilities authority; and
D. the superintendent of public instruction and the public school capital outlay council shall jointly identify the property to be transferred pursuant to Subsections B and C of this section.
History:
Laws 2003, ch. 147, § 13.
ANNOTATIONS
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 147, § 15 made Laws 2003, ch. 147, § 13 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-1 - Short title.

Sections 1 through 13 [9-25-1 to 9-25-13 NMSA 1978] of this act may be cited as the "Higher Education Department Act".
History:
Laws 2005, ch. 289, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-2 - Purpose.

The purpose of the Higher Education Department Act is to establish a single, unified department to administer laws and exercise functions formerly administered and exercised by the commission on higher education.
History:
Laws 2005, ch. 289, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-3 - Definitions.

As used in the Higher Education Department Act:
A. "board" means the higher education advisory board;
B. "department" means the higher education department; and
C. "secretary" means the secretary of higher education.
History:
Laws 2005, ch. 289, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-4 - Department created.

A. The "higher education department" is created in the executive branch. The department is a cabinet department and includes the following divisions:
(1) the administrative services division;
(2) the planning and research division;
(3) the financial aid division;
(4) the public information and communications division;
(5) the adult basic education division;
(6) the information technology division;
(7) the private and proprietary schools division;
(8) the public schools liaison division; and
(9) the American Indian post-secondary education division.
B. The secretary may organize the department and divisions of the department and may transfer or merge functions between divisions and bureaus in the interest of efficiency and economy.
History:
Laws 2005, ch. 289, § 4; 2007, ch. 22, § 1; 2009, ch. 60, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, added Paragraph (9) of Subsection A.
The 2007 amendment,
effective June 15, 2007, in Subsection A, deleted the former provision that the secretary shall organize the department so that bureaus and divisions exist to focus on the needs of diverse categories of post-secondary institutions; added Paragraphs (1) through (8) of Subsection A to create divisions; and added Subsection B to provide that the secretary may organize the department and its divisions and assign functions among divisions and bureaus.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 25 - Higher Education Department › Section 9-25-4.1 - Temporary provision; transfers.

A. On the effective date of this act, all functions, appropriations, money, personnel, records, files, furniture, equipment and other property of the commission on higher education shall be transferred to the higher education department.
B. On the effective date of this act, all contractual obligations of the commission on higher education shall be binding on the higher education department.
C. On the effective date of this act, all references in law to the commission on higher education shall be deemed to be references to the higher education department and all references in law to the executive director of the commission on higher education shall be deemed to be references to the secretary of higher education.
History:
Laws 2005, ch. 289, § 29.
ANNOTATIONS
Emergency clauses.
— Laws 2005, ch. 289, § 31 contained an emergency clause and was approved April 7, 2005.