New Mexico Statutes
Article 16A - Developmental Disabilities
Section 28-16A-5 - Powers and duties.

A. The council shall:
(1) provide statewide advocacy for persons with developmental disabilities;
(2) develop and submit to the federal government the five-year plan for council activities and any amendments to the plan;
(3) to the maximum extent feasible, review and comment on all state plans that relate to programs affecting persons with developmental disabilities;
(4) submit to the secretary of the United States department of health and human services, through the office of the governor, periodic reports that the secretary may request;
(5) advise the governor and the legislature about the needs of persons with developmental disabilities;
(6) hold all council meetings with a video conference option;
(7) carry out any other activities authorized or required by the provisions of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000; and
(8) oversee the office of the state special education ombud.
B. The council is authorized to:
(1) award grants and enter into contracts to carry out its duties;
(2) seek funding from sources other than the state;
(3) create and support regional county or local advisory councils;
(4) provide training to persons with developmental disabilities, their families and providers of support and services through traineeships, sponsoring training opportunities and by other means determined appropriate by the council; and
(5) promulgate rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the provisions of the Special Education Ombud Act [28-16C-1 to 28-16C-11 NMSA 1978].
History: Laws 1993, ch. 50, § 5; 2021, ch. 53, § 12; 2021, ch. 61, § 5.
Cross references. — For the federal Developmental Disabilities Assistance and Bill of Rights Act, see 42 U.S.C. § 6000 et seq.
2021 Multiple Amendments. — Laws 2021, ch. 53, § 12 and Laws 2021, ch. 61, § 5, both effective June 18, 2021, enacted different amendments to this section that can be reconciled. Pursuant to 12-1-8 NMSA 1978, Laws 2021, ch. 61, § 5, as the last act signed by the governor, is set out above and incorporates both amendments. The amendments enacted by Laws 2021, ch. 53, § 12 and Laws 2021, ch. 61, § 5 are described below. To view the session laws in their entirety, see the 2021 session laws on NMOneSource.com.
The nature of the difference between the amendments is that Laws 2021, ch. 53, § 12, required the developmental disabilities planning council to oversee the office of the state special education ombud, and to promulgate rules in accordance with the State Rules Act to carry out the provisions of the Special Education Ombud Act, and Laws 2021, ch. 61, § 5, revised the powers and duties of the developmental disabilities council.
Laws 2021, ch. 53, § 12, effective June 18, 2021, required the developmental disabilities planning council to oversee the office of the state special education ombud, and to promulgate rules in accordance with the State Rules Act to carry out the provisions of the Special Education Ombud Act; in Subsection A, added Paragraph A(9); and in Subsection B, added Paragraph B(5).
Laws 2021, ch. 61, § 5, effective June 18, 2021, revised the powers and duties of the developmental disabilities council; in Subsection A, in the introductory clause, after "The", deleted "developmental disabilities planning", deleted Paragraph A(1) and redesignated former Paragraph A(2) as Paragraph A(1), in Paragraph A(1), after "advocacy", deleted "systems", deleted former Paragraphs A(3) and A(4), added a new Paragraph A(2) and redesignated former Paragraphs A(5) through A(7) as Paragraphs A(3) through A(5), respectively, added a new Paragraph A(6) and redesignated former Paragraph A(8) as Paragraph A(7), in Paragraph A(7), after "Developmental Disabilities Assistance and Bill of Rights Act", added "of 2000"; and in Subsection B, in the introductory clause, after "The", deleted "developmental disabilities planning", and in Paragraph B(4), after "appropriate by the", deleted "developmental disabilities planning".