Community Action

NMSA 1978 ch. 27, art. 8

in effect

NMSA 1978, § 27-8-1 Short title

27-8-1. Short title Chapter 27, Article 8 NMSA 1978 may be cited as the "Community Action Act". Laws 1983, ch. 139, § 1; 2024, ch. 39, § 111.

NMSA 1978, § 27-8-2 Policy; purpose

27-8-2. Policy; purpose Although in recent years New Mexico has shown improvement in indices such as personal income and the number of families below the poverty level, the state continues to compare poorly with other states. New Mexico has risen from 48th in 1974 to 41st in per capita personal income; however, poverty continues to be the lot of a substantial number of New Mexicans. New Mexico can achieve its full economic and social potential only if every individual has the opportunity to contribute to the full extent of his capabilities and to participate in the working of our society. It is, therefore, the policy of this state to eliminate the paradox of poverty in the midst of plenty in this state by opening to everyone the opportunity to live in decency and dignity. It is the purpose of the Community Action Act to strengthen, supplement and coordinate efforts in furtherance of that policy. Laws 1983, ch. 139, § 2.

NMSA 1978, § 27-8-3 Definitions

27-8-3. Definitions As used in the Community Action Act: A. "poverty level" means the official poverty level established by the federal director of the office of management and budget and revised periodically by the United States secretary of health and human services; and B. "secretary" means the secretary of health care authority. Laws 1983, ch. 139, § 3; 2024, ch. 39, § 112.

NMSA 1978, § 27-8-4 Financial assistance for community action agencies

27-8-4. Financial assistance for community action agencies A. The secretary may provide financial assistance to community action agencies for the planning, conduct, administration and evaluation of community action programs as described in the Community Action Act in accordance with state and federal law and regulations. B. No funds provided pursuant to Subsection A of this section shall be distributed to a community action agency unless the agency has submitted to the secretary a plan on the proposed use of the funds and the secretary has approved that plan. C. Subject to applicable federal law or regulation, community action agencies shall be eligible to receive federal funds, including but not limited to community services block grant funds, which have been previously designated as antipoverty funds. D. Each community action agency receiving funds pursuant to this section shall report annually to the secretary concerning the use of the funds. E. The secretary shall provide annually for an audit of funds distributed pursuant to this section to community action agencies and shall make any requirements necessary to insure fiscal responsibility and accountability and effective, efficient handling of funds. Laws 1983, ch. 139, § 4.

NMSA 1978, § 27-8-5 Community action agencies; designation; powers

27-8-5. Community action agencies; designation; powers A. A community action agency is a political subdivision of the state, a combination of political subdivisions or a public or private nonprofit agency that: (1) has the power and authority to enter into contracts with public and private nonprofit agencies and organizations in fulfilling the purposes of the Community Action Act; (2) is capable of planning, conducting, administering and evaluating a community action program; (3) has a service area at least equivalent to the geographic boundaries of a county; and (4) is designated a community action agency by the governor or by federal law or was officially designated a community action agency, community action program or limited purpose agency under the provisions of the federal Economic Opportunity Act of 1964 on September 30, 1981. B. The governor is empowered to declare that an entity designated as a community action agency under Subsection A of this section is no longer a community action agency upon a determination that such entity is unable or unwilling to carry out its responsibilities under the Community Action Act. C. A community action agency is empowered to: (1) receive, administer and transfer funds in support of a community action program under the Community Action Act; and (2) delegate powers to other agencies and programs subject to the powers of its governing board and its overall program responsibilities. Laws 1983, ch. 139, § 5.

NMSA 1978, § 27-8-6 Community action agencies; board; local participation

27-8-6. Community action agencies; board; local participation A. Each community action agency shall administer its community action program through a community action board. Board members shall be selected as follows: (1) one-third of the members of the board shall be elected public officials currently holding office in the geographical area to be served by the community action agency or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board of appointive officials may be counted in meeting this one-third requirement; (2) at least one-third of the members shall be persons chosen in accordance with democratic selection procedures adequate to ensure that they are representative of the poor in the area served; and (3) the other members shall be officials or members of business, industry, labor, religious, welfare, education or other major groups and interests in the community. B. Each member of the board selected to represent a specific geographic area within a community shall reside in the area represented. C. No person selected under Paragraph (2) or (3) of Subsection A of this section shall serve for more than five consecutive years. Laws 1983, ch. 139, § 6; 2021, ch. 105, § 1

NMSA 1978, § 27-8-7 Community action programs

27-8-7. Community action programs Each community action agency shall use available funds for a community action program which: A. provides a range of services and activities which have a measurable and potentially major impact on causes of poverty in the community; B. provides activities designed to assist low-income participants, including the elderly poor, to: (1) secure and retain meaningful employment; (2) attain an adequate education; (3) make better use of available income; (4) provide and maintain adequate housing and a suitable living environment; (5) obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment-related assistance; (6) remove obstacles and solve problems which block the achievement of self-sufficiency; (7) achieve greater participation in the affairs of the community; and (8) make more effective use of other programs related to the purposes of the Community Action Act; C. provides on an emergency basis for the provision of such supplies and services, nutritious food and related services as may be necessary to counteract conditions of starvation and malnutrition among the poor; D. coordinates and establishes linkages between governmental and other social services programs to assure the effective delivery of such services to low-income individuals; E. encourages the use of entities in the private sector of the community in efforts to alleviate poverty in the community; and F. furthers any other purpose consistent with federal or state law or regulations. Laws 1983, ch. 139, § 7.

NMSA 1978, § 27-8-8 Regulations

27-8-8. Regulations The secretary shall adopt such rules and regulations as may be necessary to carry out the provisions of the Community Action Act. Laws 1983, ch. 139, § 8.

NMSA 1978, § 27-8-9 Financial assistance; limitations

27-8-9. Financial assistance; limitations The secretary, consistent with federal law, shall make grants of not less than ninety percent of the annual allocation of funds available under the community services block grant to community action agencies defined in Subsection A of Section 5 [27-8-5 NMSA 1978] of the Community Action Act. The human services department [health care authority department] is authorized to implement, by regulation or contract, a limitation on the amount of community services block grant funds allocated to administrative costs. Laws 1983, ch. 139, § 9.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18527/index.doFetched: 10/20/2026