SB 357 — REQUIRE CABINET SECRETARIES TO RESIDE IN NM

SENATE BILL 357 55TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY George K.

Candelaria 6This 8document 10may ANincorporate ACTamendments RELATINGproposed TOby EXECUTIVEa DEPARTMENTS;committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

REQUIRINGThe CONFIRMEDdocument DEPARTMENTis SECRETARIESa TOtool FILEto ANshow AFFIDAVITamendments OFin NEWcontext MEXICOand RESIDENCY;cannot be used for the purpose of adding amendments to legislation.

PROVIDINGh FOR THE REMOVAL OF DEPARTMENT SECRETARIES WHO FAIL TO FILE AN AFFIDAVITACT OFg NEWo MEXICORELATING RESIDENCY OR FAIL TO MAINTAINEXECUTIVE NEWDEPARTMENTS; MEXICO RESIDENCY.

eREQUIRING CONFIRMED t 17hr BEg ITe ENACTEDi BYk THEDEPARTMENT LEGISLATURESECRETARIES OFTO THEFILE STATEAN AFFIDAVIT OF NEW MEXICO:MEXICO h r i s RESIDENCY;

wPROVIDING FOR THE REMOVAL OF DEPARTMENT SECRETARIES h , t, WHO FAIL TO FILE AN AFFIDAVIT OF NEW MEXICO RESIDENCY OR FAIL e u g e b l ne de 18h SECTIONTO 1.MAINTAIN NEW MEXICO RESIDENCY.

Sectionn 9-1-4d NMSAd 1978i (being= Laws= 1977,o =h =l 19] b ,d i a lº Chaptere 248,BE SectionIT 4)ENACTED isBY amendedTHE toLEGISLATURE read:OF THE STATE OF NEW MEXICO:

r i a= r t e rw 20d "9-1-4.m a n o SECTION 1.

CABINETSection DEPARTMENTS--STRUCTURE.--9-1-4 aNMSA t1978 m(being mLaws 211977, A.d m :

Exceptb ase otherwised provideds byº lawo fort itsn d= r.218811.1AIC eMarch 223, internal2021 structure,(8:30am) thes executivek branchm shalle adheree toa then ce d r e sl ku 23[ followingA standardd terms:Chapter 248, Section 4) is amended to read:

e"9-1-4. a n b 24 (1) the principal unit of the executive branch u [ is a "department", headed by a "secretary" who shall be .218811.1 appointed by the governor with the consent of the senate and who shall serve at [his] the governor's pleasure;

CABINET DEPARTMENTS--STRUCTURE.-- A.

Except as otherwise provided by law for its internal structure, the executive branch shall adhere to the following standard terms:

(1) the principal unit of the executive branch is a "department", headed by a "secretary" who shall be appointed by the governor with the consent of the senate and who shall serve at [his ] the governor's pleasure;

(3) the principal unit of a division is a "bureau", headed by a "chief" who is employed by the secretary and who is covered by, and subject to, the provisions of the h Personnel Act;

and g o t hr (4) the principal unit of a bureau is a g e i k "section", headed by a "supervisor" who is employed by the h r i s secretary and who is covered by, and subject to, the provisions h , t, of the Personnel Act.

e u g e b l e e h B.

An appointed secretary shall serve and have all n d d i = = o h of the duties, responsibilities and authority of that office el t] 17b ,d i a º e during the period of time prior to final action by the senate wr li n= r t e w d 18m a n o confirming or rejecting [his][his ] the secretary's appointment.

=d =m 19: a l C.

Nob later than thirty days from the date of i a e rd 20s confirmationº oro the effective date of this 2021 act, whichever a t mn m= 21.218811.1AIC isMarch later,3, a2021 secretary(8:30am) shall file a signed affidavit with the d r e 22 governor stating the secretary's name and that the secretary is c e s k 23m ae resident- of2 the- state of New Mexico and will maintain an e a n be 24d uninterruptedr residencye withinl the state for the term of the u [ secretary'sA appointment.d C.

ANo secretarylater shallthan bethirty removeddays from .218811.1the -date 2of -confirmation thator officethe foreffective failuredate toof submitthis an2021 act, whichever is later, a secretary shall file a signed affidavit aswith requiredthe bygovernor thisstating subsectionthe orsecretary's failurename toand that the secretary is a resident of the state of New Mexico and will maintain SRCºan uninterrupted»SRC SRCºa»SRC residency within the state.state for the term of the secretary's appointment.

A secretary shall be removed from that office for failure to submit an affidavit as required by this subsection or failure to maintain residency within the state.

For the purposes of this section, "resident" means a person who lives in and is domiciled in New Mexico." - 3 - 8h 10u 12» 14r 16t h g e l i h r i s h , e h t 17u wg e b l e e , gh n d 18d i = = 19o ah l i] ab e,d ri 20 a tº m m 21 d r e 22r c= t e sw kd 23m e a n bo 24d um [: .218811.1

b r e t º o t n = .218811.1AIC March 3, 2021 (8:30am) s k m e e a n e d r e l u [ A d