2004 House Bill text for HB0212

HOUSE BILL 212

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Al Park

AN ACT

RELATING TO GOVERNMENT ORGANIZATION; CHANGING THE NAME OF THE STATE FAIR COMMISSION TO THE EXPO NEW MEXICO COMMISSION; PROVIDING FOR THE TRANSFER OF APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 16-6-1 NMSA 1978 (being Laws 1913, Chapter 46, Section 2, as amended) is amended to read:

"16-6-1. [STATE FAIR] EXPO NEW MEXICO COMMISSION--MEMBERS--APPOINTMENT--NUMBER--QUALIFICATION--TERMS--OATH--BOND.--

A. The governor shall appoint, with the advice and consent of the senate, [a "state fair] an "expo New Mexico commission", consisting of seven members, for terms of five years each; provided that the first appointments shall be made of two commissioners for one-year terms, two for two-year terms, one for a three-year term, one for a four-year term and one for a five-year term. All [state fair] expo New Mexico commissioners shall be bona fide residents of the state. No [less] fewer than two commissioners shall be engaged in the business of livestock raising, and no [less] fewer than two commissioners shall be engaged in agricultural vocations and pursuits other than livestock raising.

B. Before entering upon the duties of his office, each [state fair] expo New Mexico commissioner shall take and subscribe an oath that he will faithfully and impartially discharge the duties of his office, which oath shall be filed in the office of the secretary of state. Each commissioner shall furnish a good and sufficient surety bond as provided in the Surety Bond Act.

C. No [member of the commission] expo New Mexico commissioner shall be removed during the term for which he is appointed, except for cause, following notice and an opportunity for a hearing, unless the notice and hearing are, in writing, expressly waived."

Section 2. Section 16-6-3 NMSA 1978 (being Laws 1913, Chapter 46, Section 3, as amended) is amended to read:

"16-6-3. DISQUALIFICATION OF COMMISSIONERS--ORGANIZATION OF COMMISSION--SECRETARY AND TREASURER.--

A. If any [state fair] expo New Mexico commissioner changes his residence to any place outside the state, such change of residence shall operate ipso facto to vacate the office he holds.

B. The secretary and treasurer shall qualify by furnishing the expo New Mexico commission with a good and sufficient bond pursuant to the Surety Bond Act, conditioned for the faithful performance of his duties as secretary and treasurer and that he will faithfully account for and pay over to the person entitled thereto all money that comes into his hands as such officer. The secretary and treasurer shall hold office for a period of one year and until his successor is elected and qualified."

Section 3. Section 16-6-3.1 NMSA 1978 (being Laws 1994, Chapter 143, Section 6) is amended to read:

"16-6-3.1. BUDGET REVIEW REQUIREMENTS.--Beginning with [the eighty-third] fiscal year 1995, the [state fair] expo New Mexico commission is required to submit to the department of finance and administration for review a monthly budget status report, a list of all checks issued and all supporting documentation for each expenditure."

Section 4. Section 16-6-4 NMSA 1978 (being Laws 1913, Chapter 46, Section 4, as amended) is amended to read:

"16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR--EXHIBITS--PREMIUMS.--

A. The [state fair] expo New Mexico commission shall have power and authority to hold annually on suitable grounds a state fair at which shall be exhibited livestock, poultry, vegetables, fruits, grains, grasses and other farm products, minerals, ores and other mining exhibits, mining machinery and farm implements and all other things which the commissioners or a majority [thereof] of commissioners deem consonant with the purposes of a state fair for the purposes of advancing the agricultural, horticultural and stock raising, mining, mechanical and industrial pursuits of the state and shall have the care of its property and be entrusted with the entire direction of its business and its financial affairs consistent with the provisions of Sections 16-6-15 and 16-6-16 NMSA 1978.

B. The expo New Mexico commission, among other duties, shall prepare, adopt, publish and enforce all necessary rules for the management of the New Mexico state fair, its meetings and exhibitions and for the guidance of its [officers] employees and exhibitors.

C. The expo New Mexico commission shall determine the duties, compensation and tenure of office of all of its officers and employees and may remove from office or discharge any person appointed or employed by it at will and shall have the power to appoint all necessary [fairgrounds] expo New Mexico police to keep order on the grounds and in the buildings of [the state fair] expo New Mexico. The [fairgrounds] expo New Mexico police so appointed shall be vested with the same authority for such purposes as peace officers.

D. The expo New Mexico commission shall have the power to charge entrance fees and admissions and lease stalls, stand and restaurant sites, give prizes and premiums, arrange entertainments and do all things which by the commission may be considered proper for the conduct of the state fair or other event not otherwise prohibited by law.

E. The expo New Mexico commission shall prohibit the sale or consumption of alcoholic beverages on the grounds of [the state fair] expo New Mexico except in controlled access areas within the licensed premises. The commission or its designees shall meet with the director of the alcohol and gaming division of the [department of] regulation and licensing department and other parties in interest to designate the controlled access areas on which the sale and consumption of alcoholic beverages may be permitted. As used in this subsection, "alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half [of one] percent alcohol, but excluding medicinal bitters."

Section 5. Section 16-6-5 NMSA 1978 (being Laws 1977, Chapter 245, Section 18, as amended) is amended to read:

"l6-6-5. [STATE FAIR] EXPO NEW MEXICO COMMISSION ADMINISTRATIVELY ATTACHED TO TOURISM DEPARTMENT.--The [state fair] expo New Mexico commission is administratively attached, as defined in the Executive Reorganization Act, to the tourism department."

Section 6. Section 16-6-6 NMSA 1978 (being Laws 1913, Chapter 46, Section 5, as amended) is amended to read:

"16-6-6. ANNUAL MEETING OF COMMISSION--BUSINESS--ELECTION--REPORT TO GOVERNOR.--[SEC. 5.] The expo New Mexico commission shall hold annual meetings on the first Monday in January of each year, at which meeting the chairman and the secretary and treasurer shall be selected and such other business shall be transacted as the interests of [said state fair shall] expo New Mexico require. On the first Monday in January in each year after [said] the state fair is held, the [state fair] expo New Mexico commission shall prepare and transmit to the governor [of the state] a full financial statement, signed by each member of the commission, showing all funds received and disbursed and all assets and liabilities, being a full and detailed account of its transactions and containing such statistics and information as may be of value to the various industries of the state."

Section 7. Section 16-6-10 NMSA 1978 (being Laws 1961, Chapter 110, Section 1, as amended) is amended to read:

"16-6-10. [FAIR] EXPO NEW MEXICO COMMISSION--EXPENSES.--Members of the [state fair] expo New Mexico commission shall receive no salary, but each member shall receive per diem and mileage pursuant to the Per Diem and Mileage Act."

Section 8. Section 16-6-11 NMSA 1978 (being Laws 1913, Chapter 46, Section 11, as amended) is amended to read:

"16-6-11. COMMISSION IS A BODY CORPORATE FOR LEGAL PURPOSES.--[SEC. 11.] The members of the [New Mexico state fair] expo New Mexico commission [and their successors in office] shall constitute a body corporate under the name and style of [the] "expo New Mexico [state fair]" with the right as such of [sueing] suing and being sued, [of] contracting and being contracted with, [of] making and using a common seal and altering the same at pleasure."

Section 9. Section 16-6-13 NMSA 1978 (being Laws 1935, Chapter 69, Section 1) is amended to read:

"16-6-13. DEFINITIONS.--[The following terms, wherever] As used [or referred to in this act, shall have the following meaning unless a different meaning clearly appears from the context] in Sections 16-6-13 through 16-6-22 NMSA 1978:

[(a) The term] A. "bonds" [shall mean] means any bonds of the expo New Mexico [state fair] commission issued pursuant to [this Act] Sections 16-6-13 through 16-6-22 NMSA 1978;

[(b) The term] B. "project" [shall mean and include] means buildings, structures, improvements and equipment of every kind, nature and description [which] that may be required by or convenient for the purpose of [the] expo New Mexico [state fair], including, without limiting the generality of the foregoing, administration, exhibition, recreation or parts thereof or additions thereto; heat, light or systems or parts thereof or extensions thereto; greenhouses, farm exhibition building, stock pens, stable, grounds or parts thereof or additions thereto; or any one or more than one or all of the foregoing or any combination thereof; or such other buildings, pens, stalls or improvements as the [fair] commission [shall], by a majority of the members, [deem] deems necessary to carry out the provisions of [this act and of Chapter 46, Laws of 1913 (Sections 127-101 to 127-112 of the New Mexico Statutes Annotated, 1929 Compilation), and all amendments thereof] Sections 16-6-1 through 16-6-22 NMSA 1978;

[(c) The term] C. "to acquire" [shall include] means to purchase, [to] erect, [to] build, [to] construct, [to] reconstruct, [to] repair, [to] replace, [to] extend, [to] better, [to] equip, [to] develop, [to] improve [and to] or embellish a project; and

[(d) The term "Recovery Act" shall mean the act of the congress of the United States of America, approved June 16, 1933, entitled: "An Act to encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works and for other purposes" and acts amendatory thereof and acts supplemental thereto and revisions thereof and any further acts of the congress of the United States to encourage public works or to reduce unemployment and providing for the making of loans or grants or both;

(e) The term "federal agency" shall mean the United States of America, the president of the United States of America, the federal emergency administrator of public works or such other agency or agencies as may have been designated or may be designated or created to make loans or grants or both pursuant to the Recovery Act;

(f) The term] D. "commission" [shall mean] means the [fair] expo New Mexico commission [as appointed by the governor under Chapter 46 of the laws of 1913]."

Section 10. Section 16-6-14 NMSA 1978 (being Laws 1935, Chapter 69, Section 2) is amended to read:

"16-6-14. CREATING THE EXPO NEW MEXICO [STATE FAIR] COMMISSION A SEPARATE AND INDEPENDENT LEGAL ENTITY.--The expo New Mexico [state fair is hereby constituted and confirmed] commission is a body politic and corporate and separate and confirmed as a governmental instrumentality for the purpose of carrying out the provisions of [Chapter 46, Laws of 1913 (Sections 127-101 to 127-112 of the New Mexico Statutes Annotated, 1929 Compilation), and all amendments thereto, and the provisions of this act] Sections 16-6-1 through 16-6-22 NMSA 1978. A corporate purpose of [New Mexico state fair] the commission, in addition to any other purposes, [thereof, shall be] is to acquire any project. The powers of the [said New Mexico state fair] commission delegated to it by [this act and the act of Chapter 46, Laws of 1913, and all amendments thereto] Sections 16-6-1 through 16-6-22 NMSA 1978 shall be vested in and exercised by a majority of the members of the commission, and a majority of all the members of [such] the commission shall be a quorum for the transaction of any business authorized by [this act] Sections 16-6-1 through 16-6-22 NMSA 1978, but a lesser number may adjourn and compel the attendance of absent members."

Section 11. Section 16-6-15 NMSA 1978 (being Laws 1935, Chapter 69, Section 3, as amended) is amended to read:

"16-6-15. ADDITIONAL POWERS.--In addition to the powers [which] that it may now have, the [New Mexico state fair shall have] commission has power to:

A. acquire, by purchase, gift or the exercise of the right of eminent domain, and hold and dispose of real or personal property or rights or interests [therein] in real or personal property except as limited by Section 13-6-2.1 NMSA 1978, which provisions requiring state board of finance approval of certain actions are applicable to the [state fair] commission. The right of eminent domain [whenever sought to be exercised under the provisions of this article] shall be exercised in the same manner as is [now or may hereafter be] provided for the exercise of such power by the state or any county, municipality or school district;

B. build, construct, improve, repair or maintain buildings, structures, improvements, grounds and equipment [which] that may be required by or convenient for the purpose of operating a state fair and other events;

C. acquire any project and to own, operate and maintain such project;

D. accept grants of money, materials or property of any kind from a federal agency upon such terms and conditions as the federal agency may impose;

E. borrow money and issue bonds and provide for the payment of the same and for the rights of the bond holders [thereof], provided that the commission shall not issue bonds, negotiate loans or renegotiate loans without the prior approval of the state board of finance; and

F. perform all acts and do all things necessary or convenient to carry out the powers granted in [this article, or heretofore granted] Sections 16-6-1 through 16-6-22 NMSA 1978 and to obtain loans or grants or both from any federal agency [and to accomplish the purposes of this article and secure the benefits of the Recovery Act]."

Section 12. Section 16-6-16 NMSA 1978 (being Laws 1935, Chapter 69, Section 4, as amended) is amended to read:

"16-6-16. ISSUANCE OF NEGOTIABLE BONDS--TERMS.--The [New Mexico state fair] commission, with the prior approval of the state board of finance, is authorized from time to time to issue negotiable bonds. The bonds shall be authorized by resolution of the [state fair] commission. The bonds may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times not exceeding thirty years from the respective dates thereof, may mature in such amount or amounts, shall bear interest in accordance with the Public Securities Act, may be in such form as the [state fair] commission may determine and may be executed in such manner, may be payable in such medium of payment at such place or places and may be subject to such terms of redemption with or without premium as such resolution or other resolutions may provide. The bonds may be sold at public sale or may be sold at a private sale to the New Mexico finance authority. The bonds shall be negotiable instruments notwithstanding the form or tenor thereof. The [New Mexico state fair] commission may issue refunding bonds to refund, refinance, pay or discharge outstanding bonds, notes, loans or other obligations of the [state fair] commission on the same terms and conditions as provided for the issuance of other bonds by the [New Mexico state fair] commission."

Section 13. Section 16-6-17 NMSA 1978 (being Laws 1935, Chapter 69, Section 5) is amended to read:

"16-6-17. POWERS TO SECURE BONDS.--[New Mexico state fair] The commission, in connection with the issuance of [the] bonds or in order to secure the payment of such bonds and interest thereon, shall have power by resolution [of its commission] to:

[(a) To] A. fix and maintain fees, rentals and other charges of stalls, rentals of pens, rentals of space for concessions, automobile parking fees, rental of stables and rental of other buildings or stalls as may be on [said] the expo New Mexico grounds, but in no case shall any fee be charged for exhibits of agricultural, dairy, horticultural, culinary, apiary and handwork products of the state [of New Mexico], unless the same be for sale, which fees and charges shall be uniform to all those similarly situated;

[(b) To] B. provide that bonds issued [hereunder shall] pursuant to Section 16-6-16 NMSA 1978 be secured by a first, exclusive and closed lien on the income and revenue derived from and shall be payable from fees, rentals and other charges as set out in [preceding sub-sections] Subsection A of this section;

[(c) To] C. pledge and assign to or in trust for the benefit of the holder or holders of the bonds issued [hereunder] pursuant to Section 16-6-16 NMSA 1978 an amount of the income and revenue derived from fees, rentals and other charges set out in [paragraph (a)] Subsection A of this section [which shall be] that is sufficient to pay when due the bonds issued [hereunder] to acquire [such] the project, and interest thereon, and to create and maintain reasonable reserves therefor;

[(d) To] D. covenant with or for the benefit of the holder or holders of bonds issued [hereunder] pursuant to Section 16-6-16 NMSA 1978 to acquire any project [with such bond holder or holders] that, so long as any such bonds [shall] remain outstanding and unpaid, [New Mexico state fair] the commission will fix, maintain and collect, as may be agreed upon;

[(e) To] E. covenant with or for the benefit of the holder or holders of bonds issued [hereunder] pursuant to Section 16-6-16 NMSA 1978 to acquire any project that, so long as any such bonds [shall] remain outstanding and unpaid, [New Mexico state fair] the commission will set aside and pledge for the purpose of paying the principal of and interest on any such bonds [issued hereunder] such an amount of any appropriation of state funds made to and received by [New Mexico state fair] the commission as may be agreed upon with [said] the bondholder or holders;

[(f) To] F. covenant that so long as any of the bonds issued [hereunder shall] pursuant to Section 16-6-16 NMSA 1978 remain outstanding and unpaid, it will not, except upon such terms and conditions as may be determined, voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge having priority to or being on a parity with the lien of the bonds [issued hereunder] upon any of the income and revenues derived from fees, rentals and other charges as set out in [paragraph (a)] Subsection A of this section; or convey or otherwise alienate the project to acquire which bonds [shall] have been issued or the real estate upon which [such] the project shall be located except at a price sufficient to pay all the bonds then outstanding [issued hereunder] to acquire [such] the project and interest accrued thereon and then only in accordance with any agreements with the holder or holders of such bonds; or mortgage or otherwise voluntarily create or cause to be created any encumbrance or charge on any property, real, personal or mixed, of [said] [New Mexico state fair] the commission;

[(g) To] G. covenant as to the procedure by which the terms of any contract with a holder or holders of [such] bonds may be amended or abrogated, the amount or percentage of bonds the holder or holders of which must consent thereto and the manner of which such consent may be given;

[(h) To] H. vest in a trustee or trustees the right to receive all or any part of the income and revenue pledged and assigned to or for the benefit of the holder or holders of bonds issued [hereunder] pursuant to Section 16-6-16 NMSA 1978 and to hold, apply and dispose of the same and the right to enforce any covenant made to secure or pay or in relation to the bonds; to execute and deliver a trust agreement or trust agreements [which] that may set forth the powers and duties and the remedies available to [such] the trustee or trustees and limiting the liabilities thereof and describing what occurrences [shall] constitute events of default and prescribing the terms and conditions upon which [such] the trustee or trustees or the holder or holders of bonds of any specified amount or percentage of such bonds may exercise such rights and enforce any and all such covenants and resort to such remedies as may be appropriate;

[(i) To] I. vest in a trustee or trustees or the holder or holders of any specified amount or percentage of bonds the right to apply to any court of competent jurisdiction for and have granted the appointment of a receiver or receivers of the income and revenue pledged and assigned to or for the benefit of the holder or holders of such bonds, which receiver or receivers may have and [be] are granted such powers and duties as such court may order or decree for the protection of the bondholders; and

[(j) To] J. make [covenents] covenants with any federal agency to perform any and all acts and to do any and all [such] things as may be necessary or convenient or desirable in order to secure its bonds or as may, in the judgment of the [board] commission, tend to make the bonds more marketable, notwithstanding that such acts or things may not be enumerated [herein] in this section, it being the intention hereof to give [New Mexico state fair] the commission pursuant to [this Act] Sections 16-6-1 through 16-6-22 NMSA 1978 power to make all covenants, to perform all acts and to do all things not inconsistent with the constitution [of the State] of New Mexico in the issuance of the bonds and for their security, including any and all powers granted to a private corporation under the laws of the state [of New Mexico]."

Section 14. Section 16-6-18 NMSA 1978 (being Laws 1935, Chapter 69, Section 6) is amended to read:

"16-6-18. [Moneys] MONEY OF [NEW MEXICO STATE FAIR] THE COMMISSION.--No [moneys] money derived from the sale of the bonds or otherwise borrowed by [such institution] the commission under provisions of [this Act] Sections 16-6-13 through 16-6-22 NMSA 1978 shall be required to be paid into the state treasury, but shall be deposited by the treasurer or other fiscal officer of the [New Mexico state fair] commission in a separate bank account [or accounts] in such bank [or banks] or trust company [or trust companies] as may be designated by the commission [and]. All deposits of such [moneys] money shall, if required by the commission, be secured by obligations of the United States of America, of a market value equal at all times to the amount of the deposit, and all banks and trust companies are [hereby] authorized to give such security. Such money shall be disbursed as may be directed by the commission and in accordance with the terms of any agreements with the holder [or holders] of any bonds. This section shall not be construed as limiting the power of the [New Mexico state fair] commission to agree in connection with the issuance of any of its bonds as to the custody and disposition of the [moneys] money received from the sale of [such] bonds or the income and revenue of the New Mexico state fair and other events pledged and assigned to or in trust for the benefit of the holder or holders [thereof] of the bonds."

Section 15. Section 16-6-20 NMSA 1978 (being Laws 1935, Chapter 69, Section 8) is amended to read:

"16-6-20. PROHIBITIONS AGAINST OBLIGATING STATE [OF NEW MEXICO].--Nothing in [this Act contained] Sections 16-6-13 through 16-6-22 NMSA 1978 shall be construed to authorize [New Mexico state fair] the commission to contract a debt on behalf of or in any way to obligate the state [of New Mexico]."

Section 16. Section 16-6-21 NMSA 1978 (being Laws 1935, Chapter 69, Section 9) is amended to read:

"16-6-21. BONDS OBLIGATIONS OF [NEW MEXICO STATE FAIR] THE COMMISSION.--All bonds issued pursuant to [this Act] Sections 16-6-13 through 16-6-22 NMSA 1978 shall be obligations of the [New Mexico state fair] commission, and such bonds shall be payable in accordance with the terms [thereof] of the bonds and shall not be obligations, general, special or otherwise, of the state [of New Mexico]. Such bonds shall not constitute a debt, legal or moral, of the state [of New Mexico] and shall not be enforceable against the state."

Section 17. TEMPORARY PROVISIONS--TRANSFERS.--

A. On the effective date of this act, all appropriations, money, personnel, records, files, furniture, equipment, supplies, land and other real and personal property belonging to the New Mexico state fair commission shall be transferred to the expo New Mexico commission.

B. On the effective date of this act, all contractual obligations of the New Mexico state fair commission shall be deemed to be contractual obligations of the expo New Mexico commission.

C. On the effective date of this act, all statutory references to the New Mexico state fair commission shall be deemed to be references to the expo New Mexico commission.

Section 18. REPEAL.--Section 16-6-9 NMSA 1978 (being Laws 1913, Chapter 46, Section 8, as amended) is repealed.

Section 19. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2004.

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