SENATE RULES COMMITTEE SUBSTITUTE FOR
SENATE BILL 1148
48th legislature - STATE OF NEW MEXICO - first session, 2007
AN ACT
RELATING TO CULTURAL AFFAIRS; BROADENING MEMBERSHIP IN THE FORT STANTON DEVELOPMENT COMMISSION; DEFINING POWERS AND DUTIES OF THE FORT STANTON DEVELOPMENT COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. [NEW MATERIAL] FINDINGS.--The legislature finds that:
A. Fort Stanton was established on May 4, 1855 and has been in continual use for over one hundred fifty years;
B. Fort Stanton is the only intact military fort in New Mexico built before the civil war and is one of the best-preserved military forts in the southwest;
C. the one thousand three hundred twenty-six acres at Fort Stanton owned by the state retain outstanding historical, natural and recreational resources, including nine of the original structures dating to the military era, the remains of a World War II internment camp, extensive cultural resources related to Native American habitation and use of the area and other significant resources;
D. one hundred ninety-five acres of Fort Stanton comprise the Fort Stanton historic district listed in the New Mexico register of historic properties; and
E. the protection, preservation and use of Fort Stanton for present and future generations are in the best interest of the state.
Section 2. [NEW MATERIAL] FORT STANTON STATE MONUMENT.--
A. At such time as Fort Stanton is designated as a state monument pursuant to Section 18-6-7 NMSA 1978, it shall be managed under the trusteeship of the museum board of regents of the museum of New Mexico, in a manner that is compatible with the policies, duties and responsibilities of the Fort Stanton development commission. The commission shall enter into a written agreement with the museum board of regents of the museum of New Mexico so that the regents, acting through the cultural affairs department, may implement a management plan proposed by the commission pursuant to the provisions of Section 9-6-13 NMSA 1978.
B. The lands and facilities within Fort Stanton that are not transferred to the ownership and jurisdiction of the museum board of regents of the museum of New Mexico shall continue to be owned and maintained by the general services department. The museum board of the regents of the museum of New Mexico may accept responsibility for additional historic resources and grounds at Fort Stanton at the request of the Fort Station development commission and approval of the museum board of regents of the museum of New Mexico.
Section 3. Section 9-6-12 NMSA 1978 (being Laws 2003, Chapter 126, Section 1) is amended to read:
"9-6-12. FORT STANTON DEVELOPMENT COMMISSION--CREATED.--
A. There is created the "Fort Stanton development commission", which shall be administratively attached to the [office of] cultural affairs department.
B. The commission shall consist of [seven] fifteen members selected as follows:
(1) the chair of the Lincoln county commission or the designee of the chair;
(2) the mayor of the village of Ruidoso or the designee of the mayor;
(3) the secretary of energy, minerals and natural resources or the designee of the secretary;
(4) the secretary of economic development or the designee of the secretary;
(5) the secretary of tourism or the designee of the secretary;
(6) the secretary of general services or the designee of the secretary;
(7) the secretary of veterans' services or the designee of the secretary;
(8) the secretary of cultural affairs or the designee of the secretary;
[(4)] (9) the state historic preservation officer or the designee of the officer; and
[(5) three] (10) six members at large who are residents of Lincoln county and are appointed by the [governor] Lincoln county commission.
C. The [chairman] chair of the commission shall be elected annually from among the commission membership and shall be a resident of Lincoln county.
D. [Appointed members] The six appointed members at large shall serve for terms of six years each but the initial appointment shall be for two, four and six years to accomplish staggered terms. Vacancies in an appointed member's seat shall be filled for the remainder of the unexpired term in the same manner as the original appointment was made.
E. Appointed members shall receive no compensation but may be paid per diem and mileage as provided for nonsalaried officers in the Per Diem and Mileage Act."
Section 4. Section 9-6-13 NMSA 1978 (being Laws 2003, Chapter 126, Section 2) is amended to read:
"9-6-13. DUTIES AND POWERS.--
[A. The Fort Stanton development commission shall] A. Except as provided in Subsection B of this section, the Fort Stanton development commission shall:
(1) ensure the protection, maintenance, rehabilitation, repair, interpretation, leasing and improvement of property within Fort Stanton;
(2) exercise its duties in such a way as to protect the historic, cultural, archaeological, geologic, environmental and recreation assets at Fort Stanton;
(3) develop statewide interest in Fort Stanton and develop and implement a comprehensive plan for the most appropriate and beneficial use of Fort Stanton to include historic preservation, adaptive reuse and compatible economic development activities that may generate revenue that can be utilized to preserve and maintain the fort and its programs. All revenue and income generated from the activities of the commission shall be deposited in the Fort Stanton development fund;
(4) assess and recommend all uses of the buildings and grounds at Fort Stanton to the museum board of regents of the museum of New Mexico or the general services department;
(5) ensure that any adaptive reuse or development has minimal impact on the historic core of the fort and meets historic preservation goals and standards;
(6) subject to the provisions of Chapter 13, Article 6 NMSA 1978, have the authority to negotiate and enter into such agreements, leases, contracts and other arrangements with any person, including entities of federal, state and local governments as are necessary and appropriate to carry out its authorized activities. Any state agency may expend funds at Fort Stanton consistent with the provisions of this 2007 act. The commission shall establish procedures for lease agreements and other agreements for use and occupancy of Fort Stanton facilities and grounds, including a requirement that in entering into such agreements, the commission shall seek reasonable competition pursuant to the Procurement Code. [(1)] (7) plan, assemble, dispose of and acquire furnishings, art, landscaping materials and plants and other decorations for the public areas of Fort Stanton; and
[(2)] (8) monitor and report annually on the status of maintenance of Fort Stanton and recommend to the museum board of regents of the museum of New Mexico and to the legislature actions necessary to repair, maintain and renovate the grounds and improvements [and
(3) develop statewide interest in Fort Stanton and develop a comprehensive plan for the most appropriate and beneficial use of Fort Stanton].
B. The provisions of Section A of this section affecting that portion of Fort Stanton designated as the Fort Stanton state monument shall be subject to approval of the museum board of regents of the museum of New Mexico.
[B.] C. The commission may:
(1) utilize the assistance of individuals, the [office of] cultural affairs department, other state agencies and nonprofit charitable corporations in carrying out its duties;
(2) accept on behalf of the state from any private or other public sources money, gifts, donations and bequests for use by the commission in carrying out its duties; and
(3) enter into public promotions of its endeavors and publish such materials as it deems appropriate to promote the purposes of the commission."
Section 5. Section 9-6-14 NMSA 1978 (being Laws 2003, Chapter 126, Section 3) is amended to read:
"9-6-14. TRUST FUND CREATED.--The "Fort Stanton development fund" is created in the state treasury. The fund shall consist of all revenue, income, gifts, donations and bequests of money to the Fort Stanton development commission as well as any appropriations made to the commission. Earnings from the investment of the fund shall be credited to the fund. Expenditure from the fund shall be made only for the purposes for which the commission was created pursuant to vouchers signed by the [chairman] chair of the commission on warrants issued by the secretary of finance and administration."
- 8 -