0001| SENATE BILL 39
|
0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
|
0003| INTRODUCED BY
|
0004| MARY JANE M. GARCIA
|
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
|
0012| A 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,
|
0024| ores and other mining exhibits; mining machinery and farm
|
0025| implements and all other things which the commissioners or a
|
- 1 -
0001| majority thereof deem consonant with the purposes of a state
|
0002| fair for the purposes of advancing the agricultural,
|
0003| horticultural, [and] stock raising, mining, mechanical and
|
0004| 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].
|
0008| B. The state fair commission, among other
|
0009| duties, shall [prepare] adopt [publish and enforce all
|
necessary] and promulgate pursuant to the State Rules Act
|
0011| rules for the management of the New Mexico state fair, its
|
0012| meetings and exhibitions and for the guidance of its officers,
|
0013| employees and exhibitors [The 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].
|
0018| C. Within the limitations of available
|
0019| appropriations and applicable laws, including the Personnel
|
0020| Act, the state fair commission shall employ and fix the
|
0021| compensation of those persons necessary to discharge its
|
0022| duties, including all necessary fairgrounds police to keep
|
0023| order on the grounds and in the buildings of the state fair.
|
0024| The fairgrounds police so appointed shall be vested with the
|
0025| same authority for such purposes as peace officers.
|
- 2 -
0001| D. The state fair commission shall have the
|
0002| power to charge entrance fees and admissions; [and] lease
|
0003| stalls, stand and restaurant sites; give prizes and premiums;
|
0004| arrange entertainments; and do all things [which] that by
|
0005| the commission may be considered proper for the conduct of the
|
0006| state fair not otherwise prohibited by law.
|
0007| E. The state fair commission shall prohibit
|
0008| the sale or consumption of alcoholic beverages on the grounds
|
0009| of the state fair except in controlled access areas within the
|
0010| licensed premises. The commission or its designees shall meet
|
0011| with the director of the alcohol and gaming division [of the
|
department of regulation and licensing] and other parties in
|
0013| interest to designate the controlled access areas on which the
|
0014| sale and consumption of alcoholic beverages may be permitted.
|
0015| As used in this subsection, "alcoholic beverages" means
|
0016| distilled or rectified spirits, potable alcohol, brandy,
|
0017| whiskey, rum, gin and aromatic bitters bearing the federal
|
0018| internal revenue strip stamps or any similar alcoholic
|
0019| beverage, including blended or fermented beverages, dilutions
|
0020| or mixtures of one or more of the foregoing containing more
|
0021| than one-half of one percent alcohol, but excluding medicinal
|
0022| bitters."
|
0023| Section 2. Section 16-6-8 NMSA 1978 (being Laws 1913,
|
0024| Chapter 46, Section 7, as amended) is repealed and a new
|
0025| Section 16-6-8 NMSA 1978 is enacted to read:
|
- 3 -
0001| "16-6-8. [NEW MATERIAL] STATE FAIR FUND CREATED--
|
0002| DISPOSITION.--
|
0003| A. The "state fair fund" is created in the state
|
0004| treasury. The fund shall consist of all fees, charges and
|
0005| other revenue received by the state fair commission and all
|
0006| appropriations, gifts, devises, bequests, grants and donations
|
0007| made to the fund. Money in the fund is first pledged as
|
0008| security for bonds pursuant to Section 16-6-17 NMSA 1978 and
|
0009| outstanding loans of the commission. Money not pledged as
|
0010| security for bonds and outstanding loans may be expended by
|
0011| the commission pursuant to appropriation by the legislature
|
0012| and budgets approved by the state budget division. Interest
|
0013| accruing to the fund shall remain in the fund. Money in the
|
0014| fund shall not revert at the end of a fiscal year.
|
0015| B. The fund shall be administered by the state
|
0016| fair commission. Disbursements from the fund shall be made
|
0017| only upon warrant drawn by the secretary of finance and
|
0018| administration pursuant to vouchers signed by the secretary of
|
0019| the 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
|
member shall receive fifteen dollars ($15.00) per diem while
|
engaged in the performance of his official duties for the
|
- 4 -
commission. Members shall also receive reimbursement for
|
travel expenses at the rate of eight cents ($.08) a mile for
|
attending meetings or traveling in connection with their
|
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] commission 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 commission.
|
0018| The right of eminent domain [whenever sought to be exercised
|
under the provisions of this article] 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
|
- 5 -
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
|
0005| of any kind from a federal agency upon such terms and
|
0006| conditions as the federal agency may impose;
|
0007| E. borrow money and issue bonds and provide for
|
0008| the payment of the same and for the rights of the holders
|
0009| [thereof] of the bonds; provided that the state fair
|
0010| commission shall not issue bonds, negotiate loans or
|
0011| renegotiate loans without the prior approval of the state
|
0012| board of finance; and provided further that no money shall be
|
0013| borrowed or bonds issued after January 1, 1998 without
|
0014| specific, additional authorization from the 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 secure the benefits of the Recovery Act]
|
0020| Sections 16-6-1 through 16-6-22 NMSA 1978."
|
0021| Section 5. REPEAL.--Sections 16-6-3.1, 16-6-9, 16-6-14
|
0022| and 16-6-18 NMSA 1978 (being Laws 1994, Chapter 143, Section
|
0023| 6, Laws 1913, Chapter 46, Section 8 and Laws 1935, Chapter 69,
|
0024| Sections 2 and 6, as amended) are repealed.
|
0025|
|
- 6 -