0001| HOUSE BILL 129 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| HENRY KIKI SAAVEDRA | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE FINANCE COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO THE STATE FAIR; CLARIFYING THAT THE STATE FAIR IS A | 0012| STATE AGENCY FOR ALL PURPOSES; CREATING A FUND; AMENDING, | 0013| REPEALING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 16-6-4 NMSA 1978 (being Laws 1913, | 0017| Chapter 46, Section 4, as amended) is amended to read: | 0018| "16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR-- | 0019| EXHIBITS--PREMIUMS.-- | 0020| A. The state fair commission shall have power and | 0021| authority to hold annually on suitable grounds a state fair at | 0022| which shall be exhibited livestock, poultry, vegetables, | 0023| fruits, grains, grasses and other farm products, minerals, ores | 0024| and other mining exhibits, mining machinery and farm implements | 0025| and all other things which the commissioners or a majority | 0001| thereof deem consonant with the purposes of a state fair for | 0002| the purposes of advancing the agricultural, horticultural and | 0003| stock raising, mining, mechanical and industrial pursuits of | 0004| the state [and shall have the care of its property and be | 0005| entrusted with the entire direction of its business and its | 0006| financial affairs consistent with the provisions of Sections | 0007| 16-6-15 and 16-6-16 NMSA 1978]. | 0008| B. The state fair commission, among other duties, | 0009| shall [prepare] adopt [publish and enforce all necessary] | 0010| and promulgate pursuant to the State Rules Act rules for the | 0011| management of the New Mexico state fair, its meetings and | 0012| exhibitions and for the guidance of its officers, employees and | 0013| exhibitors [The commission shall determine the duties, | 0014| compensation and tenure of office of all of its officers and | 0015| employees and may remove from office or discharge any person | 0016| appointed or employed by it at will and shall have the power to | 0017| appoint]. | 0018| C. Within the limitations of available | 0019| appropriations and applicable laws, including the Personnel | 0020| Act, the commission shall employ and fix the compensation of | 0021| those persons necessary to discharge its duties, including all | 0022| necessary fairgrounds police to keep order on the grounds and | 0023| in the buildings of the state fair. The fairgrounds police so | 0024| appointed shall be vested with the same authority for such | 0025| purposes as peace officers. | 0001| D. The commission shall have the power to charge | 0002| entrance fees and admissions and lease stalls, stand and | 0003| restaurant sites, give prizes and premiums, arrange | 0004| entertainments and do all things [which] that by the | 0005| commission may be considered proper for the conduct of the | 0006| state fair not otherwise prohibited by law. | 0007| E. The commission shall prohibit the sale or | 0008| consumption of alcoholic beverages on the grounds of the state | 0009| fair except in controlled access areas within the licensed | 0010| premises. The commission or its designees shall meet with the | 0011| director of the alcohol and gaming division [of the department | 0012| of regulation and licensing] and other parties in interest to | 0013| designate the controlled access areas on which the sale and | 0014| consumption of alcoholic beverages may be permitted. As used | 0015| in this subsection, "alcoholic beverages" means distilled or | 0016| rectified spirits, potable alcohol, brandy, whiskey, rum, gin | 0017| and aromatic bitters bearing the federal internal revenue strip | 0018| stamps or any similar alcoholic beverage, including blended or | 0019| fermented beverages, dilutions or mixtures of one or more of | 0020| the foregoing containing more than one-half of one percent | 0021| alcohol, but excluding medicinal bitters." | 0022| Section 2. Section 16-6-8 NMSA 1978 (being Laws 1913, | 0023| Chapter 46, Section 7, as amended) is repealed and a new | 0024| Section 16-6-8 NMSA 1978 is enacted to read: | 0025| "16-6-8. [NEW MATERIAL] STATE FAIR FUND CREATED-- | 0001| DISPOSITION.-- | 0002| A. The "state fair fund" is created in the state | 0003| treasury. The fund shall consist of all fees, charges and | 0004| other revenue received by the state fair commission and all | 0005| appropriations, gifts, devises, bequests, grants and donations | 0006| made to the fund. Money in the fund is first pledged as | 0007| security for bonds pursuant to Section 16-6-17 NMSA 1978 and | 0008| outstanding loans of the state fair commission. Money not | 0009| pledged as security for bonds and outstanding loans may be | 0010| expended by the state fair commission pursuant to appropriation | 0011| by the legislature and budgets approved by the state budget | 0012| division. Interest accruing to the fund shall remain in the | 0013| fund. Money in the fund shall not revert at the end of a | 0014| fiscal year. | 0015| B. The fund shall be administered by the state fair | 0016| commission. Disbursements from the fund shall be made only | 0017| upon warrant drawn by the secretary of finance and | 0018| administration pursuant to vouchers signed by the secretary of | 0019| the state fair commission or his designee." | 0020| Section 3. Section 16-6-10 NMSA 1978 (being Laws 1961, | 0021| Chapter 110, Section 1) is amended to read: | 0022| "16-6-10. FAIR COMMISSION--EXPENSES.--Members of the | 0023| state fair commission shall receive [no salary, but each | 0024| member shall receive fifteen dollars ($15.00) per diem while | 0025| engaged in the performance of his official duties for the | 0001| commission. Members shall also receive reimbursement for | 0002| travel expenses at the rate of eight cents ($.08) a mile for | 0003| attending meetings or traveling in connection with their | 0004| duties] per diem and travel expenses as provided in the Per | 0005| Diem and Mileage Act and shall receive no other compensation, | 0006| perquisite or allowance." | 0007| Section 4. Section 16-6-15 NMSA 1978 (being Laws 1935, | 0008| Chapter 69, Section 3, as amended) is amended to read: | 0009| "16-6-15. ADDITIONAL POWERS.--In addition to the powers | 0010| [which] that it may now have, the New Mexico state fair | 0011| [shall have power to] may: | 0012| A. acquire, by purchase, gift or the exercise of | 0013| the right of eminent domain, and hold and dispose of real or | 0014| personal property or rights or interests [therein] in such | 0015| property except as limited by Section 13-6-2.1 NMSA 1978, | 0016| which provisions requiring state board of finance approval of | 0017| certain actions are applicable to the state fair. The right of | 0018| eminent domain, whenever sought to be exercised under the | 0019| provisions of this [article] section, shall be exercised in | 0020| the same manner as [is now or may hereafter be] provided for | 0021| the exercise of such power by the state or any county, | 0022| municipality or school district; | 0023| B. build, construct, improve, repair or maintain | 0024| buildings, structures, improvements, grounds and equipment | 0025| [which] that may be required by or convenient for the | 0001| purpose of operating a state fair; | 0002| C. acquire any project and to own, operate and | 0003| maintain such project; | 0004| D. accept grants of money, materials or property of | 0005| any kind from a federal agency upon such terms and conditions | 0006| as the federal agency may impose; | 0007| E. borrow money and issue bonds and provide for the | 0008| payment of the same and for the rights of the holders [thereof] | 0009| of the bonds; provided that the commission shall not issue | 0010| bonds, negotiate loans or renegotiate loans without the prior | 0011| approval of the state board of finance; and provided further | 0012| that no money shall be borrowed or bonds issued after January 1, | 0013| 1998 without specific, additional authorization from the | 0014| legislature; and | 0015| F. perform all acts and do all things necessary or | 0016| convenient to carry out the powers granted in this article, or | 0017| heretofore granted, to obtain loans or grants or both from any | 0018| federal agency and to accomplish the purposes of this article and | 0019| secure the benefits of the Recovery Act." | 0020| Section 5. REPEAL.--Sections 16-6-3.1, 16-6-9, 16-6-14 and | 0021| 16-6-18 NMSA 1978 (being Laws 1994, Chapter 143, Section 6, Laws | 0022| 1913, Chapter 46, Section 8 and Laws 1935, Chapter 69, Sections | 0023| 2 and 6, as amended) are repealed. | 0024|  State of New Mexico | 0025| House of Representatives | 0001| | 0002| FORTY-THIRD LEGISLATURE | 0003| FIRST SESSION, 1997 | 0004| | 0005| | 0006| February 6, 1997 | 0007| | 0008| | 0009| Mr. Speaker: | 0010| | 0011| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to | 0012| whom has been referred | 0013| | 0014| HOUSE BILL 129 | 0015| | 0016| has had it under consideration and reports same with | 0017| recommendation that it DO PASS, and thence referred to the | 0018| APPROPRIATIONS AND FINANCE COMMITTEE. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| | 0025| | 0001| Lynda M. Lovejoy, Chairwoman | 0002| | 0003| | 0004| Adopted Not Adopted | 0005| | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| Date | 0009| | 0010| The roll call vote was 6 For 1 Against | 0011| Yes: 6 | 0012| No: Hobbs | 0013| Excused: Pederson | 0014| Absent: None | 0015| | 0016| | 0017| G:\BILLTEXT\BILLW_97\H0129 State of New Mexico | 0018| House of Representatives | 0019| | 0020| FORTY-THIRD LEGISLATURE | 0021| FIRST SESSION, 1997 | 0022| | 0023| | 0024| March 11, 1997 | 0025| | 0001| | 0002| Mr. Speaker: | 0003| | 0004| Your APPROPRIATIONS AND FINANCE COMMITTEE, to whom | 0005| has been referred | 0006| | 0007| HOUSE BILLS 129 AND 5 | 0008| | 0009| has had them under consideration and reports same with | 0010| recommendation that they DO NOT PASS, but that | 0011| | 0012| HOUSE APPROPRIATIONS AND FINANCE COMMITTEE | 0013| SUBSTITUTE FOR HOUSE BILLS 129 AND 5 | 0014| | 0015| DO PASS. | 0016| | 0017| Respectfully submitted, | 0018| | 0019| | 0020| | 0021| | 0022| | 0023| Max Coll, Chairman | 0024| | 0025| | 0001| Adopted Not Adopted | 0002| | 0003| (Chief Clerk) (Chief Clerk) | 0004| | 0005| Date | 0006| | 0007| The roll call vote was 12 For 0 Against | 0008| Yes: 12 | 0009| Excused: Taylor, J.P., Townsend, Varela, Wallace, Watchman | 0010| Absent: None | 0011| | 0012| G:\BILLTEXT\BILLW_97\H0129 HOUSE APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE FOR | 0013| HOUSE BILLS 129 & 5 | 0014| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0015| | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| AN ACT | 0023| RELATING TO THE STATE FAIR; CLARIFYING THAT THE STATE FAIR IS A | 0024| STATE AGENCY FOR ALL PURPOSES; CREATING FUNDS; PROVIDING | 0025| MECHANISMS FOR PAYMENT OF DEBT; AUTHORIZING EXPENDITURES FOR THE | 0001| STATE FAIR COMMISSION; AMENDING, REPEALING AND ENACTING CERTAIN | 0002| SECTIONS OF THE NMSA 1978; AUTHORIZING SEVERANCE TAX BONDS; | 0003| MAKING APPROPRIATIONS; DECLARING AN EMERGENCY. | 0004| | 0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0006| Section 1. Section 16-6-1 NMSA 1978 (being Laws 1913, | 0007| Chapter 46, Section 2, as amended) is amended to read: | 0008| "16-6-1. STATE FAIR COMMISSION--MEMBERS-- | 0009| APPOINTMENT--NUMBER--QUALIFICATION--TERMS--OATH--BOND.-- | 0010| A. The governor shall appoint, with the advice and | 0011| consent of the senate, a "state fair commission", consisting of | 0012| [seven] nine members, for terms of five years each; provided | 0013| that the first appointments shall be made of two commissioners | 0014| for one-year terms, two for two-year terms, one for a three-year | 0015| term, one for a four-year term and one for a five-year term; and | 0016| provided further that for the initial terms of the two members | 0017| appointed in 1997, one shall be for two years and one shall be | 0018| for three years. All state fair commissioners shall be bona | 0019| fide residents of the state. No [less] fewer than two | 0020| commissioners shall be engaged in the business of livestock | 0021| raising; [and] no [less] fewer than two commissioners shall | 0022| be engaged in agricultural vocations and pursuits other than | 0023| livestock raising; two members shall represent the city of | 0024| Albuquerque and be appointed from lists of three names submitted | 0025| by the mayor; one member shall be a person with financial | 0001| expertise; and one member shall be a lawyer. | 0002| B. Before entering upon the duties of his office, each | 0003| state fair commissioner shall take and subscribe an oath that he | 0004| will faithfully and impartially discharge the duties of his | 0005| office, which oath shall be filed in the office of the secretary | 0006| of state. Each commissioner shall furnish a good and sufficient | 0007| surety bond as provided in the Surety Bond Act. | 0008| C. No member of the state fair commission shall be | 0009| removed during the term for which he is appointed, except for | 0010| cause, following notice and an opportunity for a hearing, unless | 0011| the notice and hearing are, in writing, expressly waived." | 0012| Section 2. Section 16-6-4 NMSA 1978 (being Laws 1913, | 0013| Chapter 46, Section 4, as amended) is amended to read: | 0014| "16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR-- | 0015| EXHIBITS--PREMIUMS.-- | 0016| A. The state fair commission shall have power and | 0017| authority to hold annually on suitable grounds a state fair at | 0018| which shall be exhibited livestock, poultry, vegetables, fruits, | 0019| grains, grasses and other farm products, minerals, ores and other | 0020| mining exhibits, mining machinery and farm implements and all other | 0021| things [which] that the commissioners or a majority thereof deem | 0022| consonant with the purposes of a state fair for the purposes of | 0023| advancing the agricultural, horticultural and stock raising, mining, | 0024| mechanical and industrial pursuits of the state and shall have the | 0025| care of its property [and be entrusted with the entire direction of | 0001| its business and its financial affairs consistent with the | 0002| provisions of Sections 16-6-15 and 16-6-16 NMSA 1978]. | 0003| B. The state fair commission, among other duties, | 0004| shall [prepare] adopt [publish and enforce all necessary] and | 0005| promulgate pursuant to the State Rules Act and enforce rules for | 0006| the management of the New Mexico state fair, its meetings and | 0007| exhibitions and for the guidance of its officers, employees and | 0008| exhibitors [The commission shall determine the duties, compensation | 0009| and tenure of office of all of its officers and employees and may | 0010| remove from office or discharge any person appointed or employed by | 0011| it at will and shall have the power to appoint]. | 0012| C. Within the limitations of available appropriations | 0013| and applicable laws, including the Personnel Act, the state fair | 0014| commission shall employ and fix the compensation of those persons | 0015| necessary to discharge its duties, including all necessary | 0016| fairgrounds police to keep order on the grounds and in the buildings | 0017| of the state fair. The fairgrounds police so appointed shall be | 0018| vested with the same authority for such purposes as peace officers. | 0019| | 0020| D. The state fair commission shall have the power to | 0021| charge entrance fees and admissions and lease stalls, stand and | 0022| restaurant sites, give prizes and premiums, arrange entertainments | 0023| and do all things [which] that by the commission may be | 0024| considered proper for the conduct of the state fair not otherwise | 0025| prohibited by law. | 0001| E. The state fair commission shall prohibit the sale | 0002| or consumption of alcoholic beverages on the grounds of the state | 0003| fair except in controlled access areas within the licensed premises. | 0004| The commission or its designees shall meet with the director of the | 0005| alcohol and gaming division of the [department of] regulation and | 0006| licensing department and other parties in interest to designate | 0007| the controlled access areas on which the sale and consumption of | 0008| alcoholic beverages may be permitted. As used in this subsection, | 0009| "alcoholic beverages" means distilled or rectified spirits, potable | 0010| alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the | 0011| federal internal revenue strip stamps or any similar alcoholic | 0012| beverage, including blended or fermented beverages, dilutions or | 0013| mixtures of one or more of the foregoing containing more than one- | 0014| half of one percent alcohol, but excluding medicinal bitters." | 0015| Section 3. Section 16-6-8 NMSA 1978 (being Laws 1913, Chapter | 0016| 46, Section 7, as amended) is repealed and a new Section 16-6-8 NMSA | 0017| 1978 is enacted to read: | 0018| "16-6-8. [NEW MATERIAL] STATE FAIR FUND CREATED-- | 0019| DISPOSITION.-- | 0020| A. The "state fair fund" is created in the state | 0021| treasury. Except for deposits to the state fair debt fund, the | 0022| state fair fund shall consist of fees, charges and other revenue | 0023| received by the state fair commission and appropriations, gifts, | 0024| bequests, grants and donations made to the fund. Interest accruing | 0025| to the fund shall remain in the fund. Money in the fund is first | 0001| pledged as security for bonds pursuant to Section 16-6-17 NMSA 1978 | 0002| and outstanding loans of the state fair commission. Money not | 0003| pledged as security for bonds and outstanding loans may be expended | 0004| by the state fair commission pursuant to appropriation by the | 0005| legislature and budgets approved by the state budget division of the | 0006| department of finance and administration. Money in the fund shall | 0007| not revert at the end of a fiscal year. | 0008| B. The state fair fund shall be administered by the | 0009| state fair commission. Disbursements from the fund shall be made | 0010| only upon warrant drawn by the secretary of finance and | 0011| administration pursuant to vouchers signed by the state fair manager | 0012| or his designee." | 0013| Section 4. Section 16-6-10 NMSA 1978 (being Laws 1961, Chapter | 0014| 110, Section 1) is amended to read: | 0015| "16-6-10. FAIR COMMISSION--EXPENSES.--Members of the state | 0016| fair commission shall receive [no salary, but each member shall | 0017| receive fifteen dollars ($15.00) per diem while engaged in the | 0018| performance of his official duties for the commission. Members | 0019| shall also receive reimbursement for travel expenses at the rate of | 0020| eight cents ($.08) a mile for attending meetings or traveling in | 0021| connection with their duties] per diem and travel expenses as | 0022| provided in the Per Diem and Mileage Act and shall receive no other | 0023| compensation, perquisite or allowance." | 0024| Section 5. Section 16-6-15 NMSA 1978 (being Laws 1935, Chapter | 0025| 69, Section 3, as amended) is amended to read: | 0001| "16-6-15. ADDITIONAL POWERS.--In addition to the powers | 0002| [which] that it may now have, the [New Mexico] state fair | 0003| [shall have power to] commission may: | 0004| A. acquire, by purchase, gift or the exercise of the | 0005| right of eminent domain, and hold and dispose of real or personal | 0006| property or rights or interests [therein] in such property | 0007| except as limited by Section 13-6-2.1 NMSA 1978, which provisions | 0008| requiring state board of finance approval of certain actions are | 0009| applicable to the state fair. The right of eminent domain, whenever | 0010| sought to be exercised under the provisions of this [article] | 0011| section, shall be exercised in the same manner as [is now or may | 0012| hereafter be] provided for the exercise of such power by the state | 0013| or any county, municipality or school district; | 0014| B. build, construct, improve, repair or maintain | 0015| buildings, structures, improvements, grounds and equipment [which] | 0016| that may be required by or convenient for the purpose of operating | 0017| a state fair; | 0018| C. acquire any project and [to] own, operate and | 0019| maintain such project; | 0020| D. accept grants of money, materials or property of any | 0021| kind from a federal agency upon such terms and conditions as the | 0022| federal agency may impose; | 0023| E. borrow money and issue bonds and provide for the | 0024| payment of the same and for the rights of the holders [thereof] | 0025| of the bonds; provided that the commission shall not issue bonds, | 0001| negotiate loans or renegotiate loans without the prior approval of | 0002| the state board of finance; and provided further that no money | 0003| shall be borrowed or bonds issued after January 1, 1998 without | 0004| specific, additional authorization from the legislature; and | 0005| F. perform all acts and do all things necessary or | 0006| convenient to carry out the powers granted in this article, or | 0007| heretofore granted, to obtain loans or grants or both from any | 0008| federal agency and to accomplish the purposes of this article and | 0009| secure the benefits of the Recovery Act." | 0010| Section 6. [NEW MATERIAL] STATE FAIR LINES OF CREDIT-- | 0011| PAYMENTS.--The state fair commission shall rest all outstanding | 0012| balances from approved line-of-credit draws within sixty days of the | 0013| end of each annual state fair. | 0014| Section 7. [NEW MATERIAL] STATE FAIR OPERATING RESERVE.--By | 0015| July 1, 2002, the state fair commission shall have an operating | 0016| reserve in the state fair fund from generated revenue equal to at | 0017| least fifteen percent of the previous fiscal year's operating | 0018| budget. The operating reserve shall not be expended for capital | 0019| improvements. | 0020| Section 8. [NEW MATERIAL] STATE FAIR DEBT FUND CREATED-- | 0021| ADMINISTRATION.--The "state fair debt fund" is created in the state | 0022| treasury. The fund shall consist of state fair debt surcharge | 0023| revenue and appropriations, gifts, grants, donations or bequests | 0024| made to the fund and income earned from investment of the fund. | 0025| Money in the fund shall not revert to the general fund at the end of | 0001| any fiscal year. The fund shall be administered by the department | 0002| of finance and administration, and money in the fund is appropriated | 0003| to the department to pay off the debts of the state fair accumulated | 0004| as of January 1, 1998. The department shall use money in the state | 0005| fair debt fund in conjunction with the money in the state fair fund | 0006| to pay off the state fair debts as quickly as possible. After the | 0007| debts have been paid, money in the fund shall be transferred to the | 0008| operating reserve in the state fair fund. | 0009| Section 9. [NEW MATERIAL] STATE FAIR DEBT SURCHARGE.-- | 0010| A. The state fair commission shall impose a "state fair | 0011| debt surcharge" on entrance and other fees for the use of the state | 0012| fair sufficient to generate at least three hundred fifty thousand | 0013| dollars ($350,000) in 1997, five hundred thousand dollars ($500,000) | 0014| in 1998 and seven hundred fifty thousand dollars ($750,000) per year | 0015| thereafter. The surcharge shall be deposited in the state fair debt | 0016| fund and shall be used only for payment of state fair debt and the | 0017| establishment of an operating reserve. | 0018| B. The state fair commission shall cease to collect the | 0019| surcharge when the state fair debt has been paid and the department | 0020| of finance and administration has determined that the state fair | 0021| operating reserve is sufficient. | 0022| Section 10. [NEW MATERIAL] FAIR ADMISSION--OTHER EVENTS.-- | 0023| A. Admission to any event promoted by the state fair | 0024| commission to which an admission is charged shall include the state | 0025| fair debt surcharge, and holders of free admission tickets to such | 0001| events shall pay the state fair debt surcharge. | 0002| B. The state fair commission shall adopt and promulgate | 0003| a state fairgrounds admissions policy. The policy may include the | 0004| provision of free hours of admission to the state fair. | 0005| C. The state fair commission is limited in the number of | 0006| free state fair admission tickets it can distribute to no more than | 0007| one percent of the number of tickets sold at the previous year's | 0008| state fair. Holders of free admission tickets shall pay the state | 0009| fair debt surcharge. | 0010| Section 11. [NEW MATERIAL] SHORT TITLE.--Sections 11 | 0011| through 14 of this act may be cited as the "State Fair Commission | 0012| Appropriations Act". | 0013| Section 12. [NEW MATERIAL] DEFINITIONS.--As used in the | 0014| State Fair Commission Appropriations Act: | 0015| A. "federal funds" means payments by the United States | 0016| government or state agencies for specific purposes or in lieu of | 0017| taxes, including grants, reimbursements and payments made in | 0018| accordance with contracts or cooperative agreements and shared | 0019| revenue except those payments made in accordance with the federal | 0020| Mineral Lands Leasing Act of 1920 and the State and Local Fiscal | 0021| Assistance Act of 1972; and | 0022| B. "other state funds" means: | 0023| (1) unencumbered balances in state agency accounts | 0024| appropriated by the General Appropriation Act of 1996; and | 0025| (2) all revenue available to state agencies from | 0001| sources other than the general fund and federal funds. | 0002| Section 13. [NEW MATERIAL] FORMAT.--The general format of | 0003| the appropriations set forth in the State Fair Commission | 0004| Appropriations Act with respect to symbols used, column headings and | 0005| stating of amounts is that used in the General Appropriation Act of | 0006| 1996. | 0007| Section 14. [NEW MATERIAL] FISCAL YEAR 1998 | 0008| APPROPRIATIONS.-- | 0009| Other | 0010| State Federal | 0011| Item Funds Funds Total | 0012| State fair commission | 0013| (a) Personal services 3,651.3 -0- 3,651.3 | 0014| (b) Employee benefits 961.8 -0- 961.8 | 0015| Other | 0016| State Federal | 0017| Item Funds Funds Total | 0018| | 0019| (c) Travel 63.6 -0- 63.6 | 0020| | 0021| (d) Maintenance and repairs 443.1 -0- 443.1 | 0022| (e) Supplies and materials 116.7 -0- 116.7 | 0023| (f) Contractual services 2,118.3 -0- 2,118.3 | 0024| (g) Operating costs 2,189.6 -0- 2,189.6 | 0025| (h) Other costs 2,489.3 -0- 2,489.3 | 0001| (i) Capital outlay 48.0 -0- 48.0 | 0002| (j) Out-of-state travel 11.5 -0- 11.5 | 0003| (k) Other financing uses 1.1 -0- 1.1 | 0004| Subtotal 12,094.3 -0- 12,094.3 | 0005| Authorized FTE: 48.0 Perm; 30.0 Temp | 0006| Category transfers and budget increases from other state funds | 0007| are specifically authorized for the state fair commission. Such | 0008| other state funds are appropriated. | 0009| Section 15. TEMPORARY PROVISION--DEPARTMENT OF FINANCE AND | 0010| ADMINISTRATION--ADMINISTRATION OF STATE FAIR FUNDS.-- | 0011| A. Notwithstanding the provisions of Subsection B of | 0012| Section 16-6-8 NMSA 1978, the department of finance and | 0013| administration shall administer the state fair fund until the long- | 0014| term and short-term debt accumulated prior to January 1, 1998 has | 0015| been paid. Until the debt accumulated prior to January 1, 1998 has | 0016| been paid, disbursements from the state fair fund shall be made only | 0017| on warrant drawn by the secretary of finance and administration | 0018| pursuant to vouchers signed by director of the financial control | 0019| division of the department or his designee and approved by the state | 0020| budget division of the department. | 0021| B. The department, in conjunction with the state | 0022| auditor, shall assign or employ a term auditor for the state fair. | 0023| The auditor may be paid from the state fair fund, but shall not be | 0024| an employee of the state fair commission. | 0025| C. The state fair commission shall present a draft | 0001| business plan and capital improvements and facilities maintenance | 0002| plan to the department and the legislative finance committee by May | 0003| 1, 1997. Final plans shall be approved by the secretary of finance | 0004| and administration by July 1, 1997. | 0005| Section 16. TEMPORARY PROVISION--ANNEXATION.--The city of | 0006| Albuquerque may annex the state fairgrounds after January 1, 1998 | 0007| unless the state fair commission disapproves of the annexation. All | 0008| gross receipts tax revenue received by the city from taxable | 0009| activity at the state fairgrounds shall be remitted to the state | 0010| fair fund. | 0011| Section 17. SEVERANCE TAX BONDS--PURPOSE FOR WHICH ISSUED-- | 0012| APPROPRIATION OF PROCEEDS.--The state board of finance may issue and | 0013| sell severance tax bonds in compliance with the Severance Tax | 0014| Bonding Act in an amount not exceeding one million two hundred | 0015| thousand dollars ($1,200,000) when the state fair commission | 0016| certifies the need for the issuance of the bonds. The state board | 0017| of finance shall schedule the issuance and sale of the bonds in the | 0018| most expeditious and economical manner possible upon a finding by | 0019| the board that the project has been developed sufficiently to | 0020| justify the issuance and that the project can proceed to contract | 0021| within a reasonable time. The state board of finance shall further | 0022| take the appropriate steps necessary to comply with the Internal | 0023| Revenue Code of 1986, as amended. The proceeds from the sale of the | 0024| bonds are appropriated to the state fair commission to reroof, to | 0025| improve or replace the heating, ventilation and air conditioning | 0001| system and to meet the Americans with Disabilities Act of 1990 | 0002| standards at Tingley coliseum at the New Mexico state fair located | 0003| in Bernalillo county. Any unexpended or unencumbered balance | 0004| remaining at the end of fiscal year 2000 shall revert to the | 0005| severance tax bonding fund. If the state fair commission has not | 0006| certified the need for the issuance of the bonds by the end of | 0007| fiscal year 1999, the authorization provided in this section shall | 0008| be void. | 0009| Section 18. APPROPRIATION.--One million dollars ($1,000,000) | 0010| is appropriated from the general fund to the state fair debt fund | 0011| for expenditure in fiscal year 1997 to pay off debts of the state | 0012| fair; provided that this appropriation is contingent upon the city | 0013| of Albuquerque providing one million five hundred thousand dollars | 0014| ($1,500,000) for the same purpose. Any unexpended or unencumbered | 0015| balance remaining at the end of fiscal year 1997 shall not revert to | 0016| the general fund. | 0017| Section 19. REPEAL.--Sections 16-6-3.1, 16-6-9, 16-6-14 and | 0018| 16-6-18 NMSA 1978 (being Laws 1994, Chapter 143, Section 6, Laws | 0019| 1913, Chapter 46, Section 8 and Laws 1935, Chapter 69, Sections 2 | 0020| and 6, as amended) are repealed. | 0021| Section 20. EMERGENCY.--It is necessary for the public peace, | 0022| health and safety that this act take effect immediately. | 0023|  FORTY-THIRD LEGISLATURE | 0024| FIRST SESSION | 0025| | 0001| | 0002| March 13, 1997 | 0003| | 0004| | 0005| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE APPROPRIATIONS AND | 0006| FINANCE COMMITTEE SUBSTITUTE | 0007| FOR HOUSE BILL 129 & 5 | 0008| | 0009| Amendment sponsored by Representative Henry Kiki Saavedra | 0010| | 0011| 1. On page 1, line 15, strike "AUTHORIZING SEVERANCE TAX BONDS;". | 0012| | 0013| 2. On pages 12 and 13, strike Section 17 in its entirety. | 0014| | 0015| 3. Renumber the succeeding sections accordingly. | 0016| | 0017| | 0018| | 0019| | 0020| | 0021| ___________________________ | 0022| Henry Kiki Saavedra | 0023| | 0024| | 0025| | 0001| Adopted ___________________ Not Adopted ___________________________ | 0002| (Chief Clerk) (Chief Clerk) | 0003| | 0004| | 0005| Date ________________ FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 | 0007| | 0008| | 0009| March 17, 1997 | 0010| Mr. President: | 0011| | 0012| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred | 0013| | 0014| HOUSE APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE | 0015| FOR HOUSE BILLS 129 & 5, as amended | 0016| | 0017| has had it under consideration and reports same with recommendation | 0018| that it DO PASS. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| | 0025| __________________________________ | 0001| Shannon Robinson, Chairman | 0002| | 0003| | 0004| Adopted_______________________ Not Adopted_______________________ | 0005| (Chief Clerk) (Chief Clerk) | 0006| | 0007| | 0008| Date ________________________ | 0009| | 0010| | 0011| | 0012| The roll call vote was 5 For 0 Against | 0013| Yes: 5 | 0014| No: 0 | 0015| Excused: Rodarte, Vernon, Ingle, Robinson | 0016| Absent: None | 0017| | 0018| | 0019| | 0020| | 0021| | 0022| H0129PA1 | 0023| | 0024| | 0025| |