0001| HOUSE BILL 410
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| G. X. MCSHERRY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO STATE PARKS; CREATING THE STATE PARK AND RECREATION
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0012| COMMISSION; PROVIDING POWERS AND DUTIES; AMENDING, REPEALING
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0013| AND ENACTING SECTIONS OF THE NMSA 1978.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 9-5A-4 NMSA 1978 (being Laws 1987,
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0017| Chapter 234, Section 4) is amended to read:
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0018| "9-5A-4. DIVISIONS--DUTIES.--In addition to the duties
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0019| assigned to each division of the energy, minerals and natural
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0020| resources department by the secretary of energy, minerals and
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0021| natural resources:
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0022| A. the administrative services division shall
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0023| provide clerical, recordkeeping and administrative support to
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0024| the department in the areas of personnel, budget, procurement
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0025| and contracting;
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0001| B. the energy conservation and management division
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0002| shall plan, administer, review, provide technical assistance,
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0003| maintain records and monitor state and federal energy
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0004| conservation and alternative energy technology programs;
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0005| C. the forestry division shall enforce and
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0006| administer all laws and regulations relating to forestry and
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0007| soil and water conservation on lands within the state;
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0008| D. the mining and minerals division shall enforce
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0009| and administer laws and regulations relating to mine safety,
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0010| coal surface mine reclamation and abandoned mine lands
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0011| reclamation;
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0012| E. the oil conservation division shall administer
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0013| the laws and regulations relating to oil, gas and geothermal
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0014| resources, except those laws specifically administered by
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0015| another authority; and
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0016| F. the state park and recreation division shall
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0017| develop, maintain, manage and supervise all state parks and
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0018| state-owned or state-leased recreation areas pursuant to rules
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0019| and regulations adopted by the state park and recreation
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0020| commission."
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0021| Section 2. A new section of Chapter 16, Article 2 NMSA
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0022| 1978 is enacted to read:
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0023| "[NEW MATERIAL] DEFINITIONS.--As used in Chapter 16,
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0024| Article 2 NMSA 1978:
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0025| A. "commission" means the state park and
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0001| recreation commission;
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0002| B. "department" means the energy, minerals and
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0003| natural resources department; and
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0004| C. "secretary" means the secretary of energy,
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0005| minerals and natural resources."
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0006| Section 3. A new section of Chapter 16, Article 2 NMSA
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0007| 1978 is enacted to read:
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0008| "[NEW MATERIAL] COMMISSION CREATED--MEMBERS--TERMS--
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0009| COMPENSATION--ADMINISTRATIVE ATTACHMENT.--
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0010| A. The "state park and recreation commission" is
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0011| created, consisting of nine members appointed by the governor,
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0012| with the advice and consent of the senate. The commission
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0013| shall be geographically balanced and broadly representative of
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0014| state park users and outdoor recreation enthusiasts.
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0015| B. Initially, three members shall be appointed to
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0016| the commission for terms ending June 30, 1999, three members
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0017| for terms ending June 30, 2001 and three members for terms
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0018| ending June 30, 2003. Thereafter, appointments shall be for
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0019| six years, expiring on June 30 of every odd-numbered year.
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0020| C. A majority of the members of the commission
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0021| constitutes a quorum for transaction of business. The
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0022| commission shall elect a chairman from its membership.
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0023| D. Members of the commission shall be reimbursed as
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0024| provided in the Per Diem and Mileage Act and shall receive no
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0025| other compensation, perquisite or allowance.
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0001| E. The commission shall be administratively
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0002| attached to the department."
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0003| Section 4. Section 16-2-7 NMSA 1978 (being Laws 1935,
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0004| Chapter 57, Section 7, as amended) is amended to read:
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0005| "16-2-7. RULES AND REGULATIONS.--The [secretary]
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0006| commission shall promulgate and adopt rules and regulations
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0007| for each park, including the setting of entrance and user
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0008| fees, as circumstances may demand to the end that each state
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0009| park may be made as nearly self-supporting as possible."
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0010| Section 5. Section 16-2-9 NMSA 1978 (being Laws 1935,
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0011| Chapter 57, Section 9, as amended) is amended to read:
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0012| "16-2-9. CONCESSIONS IN PARKS--CONTRACTS STATE BOARD OF
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0013| FINANCE APPROVAL.--The [secretary] commission has the power
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0014| to grant concessions in state parks and recreation areas upon
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0015| such rentals, fees or percentage of income or profits as [he]
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0016| the commission may prescribe, but not for a longer period
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0017| than thirty years. All concessions shall be evidenced by a
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0018| written contract, the faithful performance of which shall be
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0019| secured by such bond as the [secretary] commission may
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0020| prescribe. No contract granting a concession shall be
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0021| effective until it has been approved by the state board of
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0022| finance."
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0023| Section 6. Section 16-2-10 NMSA 1978 (being Laws 1935,
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0024| Chapter 57, Section 10, as amended) is amended to read:
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0025| "16-2-10. SECRETARY AND EMPLOYEES PROHIBITED FROM HAVING
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0001| INTEREST IN CONCESSIONS.--Neither the secretary nor any member
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0002| of the [energy, minerals and natural resources] department
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0003| or the commission shall have any interest in, directly or
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0004| indirectly, or in any manner be connected with any concession
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0005| granted to any person within any state park or recreation
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0006| area."
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0007| Section 7. Section 16-2-14 NMSA 1978 (being Laws 1935,
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0008| Chapter 57, Section 13, as amended) is amended to read:
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0009| "16-2-14. PRIOR DONATIONS AND GRANTS ACCEPTED AND
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0010| CONFIRMED.--Lands heretofore donated or granted to the state or
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0011| its governor and his successors in office, in trust for the
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0012| state and the people thereof, for state park and recreation
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0013| purposes are hereby approved, ratified and accepted as state
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0014| parks and recreation areas, and the [state park and recreation
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division] commission shall designate appropriate names for
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0016| each of [said] the state parks and recreation areas."
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0017| Section 8. REPEAL.--Sections 16-2-2 and 16-2-3 NMSA 1978
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0018| (being Laws 1977, Chapter 254, Sections 113 and 12, as amended)
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0019| are repealed.
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0020| Section 9. EFFECTIVE DATE.--The effective date of the
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0021| provisions of this act is July 1, 1997.
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0022|
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