0001| SENATE BILL 39
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| MARY JANE M. GARCIA
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0005|
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0006|
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0007|
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0008| FOR THE LEGISLATIVE FINANCE COMMITTEE
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0009|
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0010| AN ACT
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0011| RELATING TO THE STATE FAIR; CLARIFYING THAT THE STATE FAIR IS
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0012| A STATE AGENCY FOR ALL PURPOSES; CREATING A FUND; AMENDING,
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0013| REPEALING AND ENACTING CERTAIN 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 16-6-4 NMSA 1978 (being Laws 1913,
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0017| Chapter 46, Section 4, as amended) is amended to read:
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0018| "16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR--
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0019| EXHIBITS--PREMIUMS.--
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0020| A. The state fair commission shall have power and
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0021| authority to hold annually on suitable grounds a state fair at
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0022| which shall be exhibited livestock, poultry, vegetables,
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0023| fruits, grains, grasses and other farm products; minerals,
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0024| ores and other mining exhibits; mining machinery and farm
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0025| implements and all other things which the commissioners or a
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0001| majority thereof deem consonant with the purposes of a state
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0002| fair for the purposes of advancing the agricultural,
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0003| horticultural, ~[and]~ stock raising, mining, mechanical and
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0004| industrial pursuits of the state ~[and shall have the care of
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0005| its property and be entrusted with the entire direction of its
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0006| business and its financial affairs consistent with the
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0007| provisions of Sections 16-6-15 and 16-6-16 NMSA 1978]~.
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0008| B. The |state fair| commission, among other
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0009| duties, shall ~[prepare]~ adopt ~[publish and enforce all
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0010| necessary]~ |and promulgate pursuant to the State Rules Act|
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0011| rules for the management of the New Mexico state fair, its
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0012| meetings and exhibitions and for the guidance of its officers,
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0013| employees and exhibitors ~[The commission shall determine the
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0014| duties, compensation and tenure of office of all of its
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0015| officers and employees and may remove from office or discharge
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0016| any person appointed or employed by it at will and shall have
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0017| the power to appoint]~.
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0018| |C. Within the limitations of available
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0019| appropriations and applicable laws, including the Personnel
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0020| Act, the state fair commission shall employ and fix the
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0021| compensation of those persons necessary to discharge its
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0022| duties, including| all necessary fairgrounds police to keep
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0023| order on the grounds and in the buildings of the state fair.
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0024| The fairgrounds police so appointed shall be vested with the
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0025| same authority for such purposes as peace officers.
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0001| |D.| The |state fair| commission shall have the
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0002| power to charge entrance fees and admissions; ~[and]~ lease
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0003| stalls, stand and restaurant sites; give prizes and premiums;
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0004| arrange entertainments; and do all things ~[which]~ |that| by
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0005| the commission may be considered proper for the conduct of the
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0006| state fair not otherwise prohibited by law.
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0007| |E.| The |state fair| commission shall prohibit
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0008| the sale or consumption of alcoholic beverages on the grounds
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0009| of the state fair except in controlled access areas within the
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0010| licensed premises. The commission or its designees shall meet
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0011| with the director of the alcohol and gaming division ~[of the
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0012| department of regulation and licensing]~ and other parties in
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0013| interest to designate the controlled access areas on which the
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0014| sale and consumption of alcoholic beverages may be permitted.
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0015| As used in this subsection, "alcoholic beverages" means
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0016| distilled or rectified spirits, potable alcohol, brandy,
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0017| whiskey, rum, gin and aromatic bitters bearing the federal
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0018| internal revenue strip stamps or any similar alcoholic
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0019| beverage, including blended or fermented beverages, dilutions
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0020| or mixtures of one or more of the foregoing containing more
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0021| than one-half of one percent alcohol, but excluding medicinal
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0022| bitters."
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0023| Section 2. Section 16-6-8 NMSA 1978 (being Laws 1913,
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0024| Chapter 46, Section 7, as amended) is repealed and a new
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0025| Section 16-6-8 NMSA 1978 is enacted to read:
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0001| "16-6-8. [|NEW MATERIAL|] STATE FAIR FUND CREATED--
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0002| DISPOSITION.--
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0003| A. The "state fair fund" is created in the state
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0004| treasury. The fund shall consist of all fees, charges and
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0005| other revenue received by the state fair commission and all
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0006| appropriations, gifts, devises, bequests, grants and donations
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0007| made to the fund. Money in the fund is first pledged as
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0008| security for bonds pursuant to Section 16-6-17 NMSA 1978 and
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0009| outstanding loans of the commission. Money not pledged as
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0010| security for bonds and outstanding loans may be expended by
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0011| the commission pursuant to appropriation by the legislature
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0012| and budgets approved by the state budget division. Interest
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0013| accruing to the fund shall remain in the fund. Money in the
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0014| fund shall not revert at the end of a fiscal year.
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0015| B. The fund shall be administered by the state
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0016| fair commission. Disbursements from the fund shall be made
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0017| only upon warrant drawn by the secretary of finance and
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0018| administration pursuant to vouchers signed by the secretary of
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0019| the commission or his designee."
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0020| Section 3. Section 16-6-10 NMSA 1978 (being Laws 1961,
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0021| Chapter 110, Section 1) is amended to read:
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0022| "16-6-10. FAIR COMMISSION--EXPENSES.--Members of the
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0023| state fair commission shall receive ~[no salary, but each
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0024| member shall receive fifteen dollars ($15.00) per diem while
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0025| engaged in the performance of his official duties for the
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0001| commission. Members shall also receive reimbursement for
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0002| travel expenses at the rate of eight cents ($.08) a mile for
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0003| attending meetings or traveling in connection with their
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0004| duties]~ |per diem and travel expenses as provided in the Per
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0005| Diem and Mileage Act and shall receive no other compensation,
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0006| perquisite or allowance|."
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0007| Section 4. Section 16-6-15 NMSA 1978 (being Laws 1935,
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0008| Chapter 69, Section 3, as amended) is amended to read:
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0009| "16-6-15. ADDITIONAL POWERS.--In addition to the powers
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0010| ~[which]~ |that| it may now have, the New Mexico state fair
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0011| ~[shall have power to]~ |commission may|:
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0012| A. acquire, by purchase, gift or the exercise of
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0013| the right of eminent domain, and hold and dispose of real or
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0014| personal property or rights or interests ~[therein]~ |in such
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0015| property| except as limited by Section 13-6-2.1 NMSA 1978,
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0016| which provisions requiring state board of finance approval of
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0017| certain actions are applicable to the state fair |commission|.
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0018| The right of eminent domain ~[whenever sought to be exercised
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0019| under the provisions of this article]~ shall be exercised in
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0020| the same manner as is ~[now or may hereafter be]~ provided for
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0021| the exercise of such power by the state or any county,
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0022| municipality or school district;
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0023| B. build, construct, improve, repair or maintain
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0024| buildings, structures, improvements, grounds and equipment
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0025| ~[which]~ |that| may be required by or convenient for the
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0001| purpose of operating a state fair;
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0002| C. acquire any project and ~[to]~ own, operate and
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0003| maintain such project;
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0004| D. accept grants of money, materials or property
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0005| of any kind from a federal agency upon such terms and
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0006| conditions as the federal agency may impose;
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0007| E. borrow money and issue bonds and provide for
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0008| the payment of the same and for the rights of the holders
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0009| ~[thereof]~ |of the bonds|; provided that the |state fair|
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0010| commission shall not issue bonds, negotiate loans or
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0011| renegotiate loans without the prior approval of the state
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0012| board of finance; and |provided further that no money shall be
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0013| borrowed or bonds issued after January 1, 1998 without
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0014| specific, additional authorization from the legislature; and|
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0015| F. perform all acts and do all things necessary or
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0016| convenient to carry out the powers granted in this article, or
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0017| heretofore granted, to obtain loans or grants or both from any
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0018| federal agency and to accomplish the purposes of ~[this
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0019| article and secure the benefits of the Recovery Act]~
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0020| |Sections 16-6-1 through 16-6-22 NMSA 1978|."
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0021| Section 5. REPEAL.--Sections 16-6-3.1, 16-6-9, 16-6-14
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0022| and 16-6-18 NMSA 1978 (being Laws 1994, Chapter 143, Section
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0023| 6, Laws 1913, Chapter 46, Section 8 and Laws 1935, Chapter 69,
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0024| Sections 2 and 6, as amended) are repealed.
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0025|
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