SENATE BILL 196
51st legislature - STATE OF NEW MEXICO - second session, 2014
INTRODUCED BY
Timothy M. Keller and Mimi Stewart
AN ACT
RELATING TO THE STATE FAIR; PROVIDING FOR THE LONG-TERM IMPROVEMENT IN FINANCIAL SOLVENCY OF THE STATE FAIR; ENACTING THE NEW MEXICO STATE FAIR ACT; ORGANIZING THE STATE FAIR AS A STATE AGENCY; CREATING THE OFFICE OF THE STATE FAIR; PROVIDING POWERS AND DUTIES; CHANGING THE POWERS AND DUTIES OF THE STATE FAIR COMMISSION; CHANGING THE NAME OF THE STATE FAIR COMMISSION; INCREASING OVERSIGHT OF THE OFFICE AND THE NEW MEXICO STATE FAIR; ELIMINATING INDEPENDENT BONDING AUTHORITY; PAYING OFF OUTSTANDING DEBT OF THE STATE FAIR OR COMMISSION; TRANSFERRING FUNCTIONS, PROPERTY AND CONTRACTS; MAKING APPROPRIATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be cited as the "New Mexico State Fair Act".
SECTION 2. [NEW MATERIAL] DEFINITIONS.--As used in the New Mexico State Fair Act:
A. "commission" means the fairgrounds commission;
B. "director" means the director of the office;
C. "fairgrounds" includes all the real property owned by the state known as the "New Mexico state fair", the "state fair", "Tingley coliseum" or the "downs at the state fair";
D. "federal agency" means the president of the United States of America, the federal emergency administrator of public works or such other agency designated to make loans and grants pursuant to the National Industrial Recovery Act or any other provision of federal law or rule;
E. "office" means the office of the state fair; and
F. "project" means buildings, structures, landscaping and other improvements, furniture and equipment of every kind, nature and description that may be required by or convenient for the state fair, including, without limiting the generality of the foregoing, administration, exhibition or recreation or parts of or additions to any of those; heat, light or other systems or parts of or extensions to any of those; greenhouses, farm or other exhibition buildings, stock pens, stables, grounds or parts of or additions to any of those; or other buildings, structures, landscaping and other improvements, furniture and equipment.
SECTION 3. [NEW MATERIAL] OFFICE OF THE STATE FAIR--CREATED--STAFF--POWERS AND DUTIES.--
A. The "office of the state fair" is created as an agency of the state and is administratively attached to the tourism department. The office shall be headed by a "director", who is appointed by the governor with the advice and consent of the senate. The director shall be appointed without regard to political party affiliation and solely on the basis of the ability to perform the duties of the office based on education and experience. The director shall be responsible for the administration and operation of the office and the New Mexico state fair and other events at the fairgrounds under the policy direction of the commission.
B. Subject to appropriations, the director may employ such permanent and temporary or term staff as necessary to conduct the annual New Mexico state fair, other venues and exhibits and to operate the office and state fair facilities. Permanent employees are covered by the Personnel Act except as provided in Section 10-9-4 NMSA 1978.
C. The office may:
(1) adopt and promulgate rules in accordance with the State Rules Act to carry out the purposes of the New Mexico State Fair Act;
(2) solicit and receive funds or property of any nature for the development of the New Mexico state fair, its exhibits and its programs;
(3) enter into contracts pursuant to the Procurement Code;
(4) impose and collect admission fees, parking fees and rents; fix and maintain a schedule of reasonable fees, rentals and other charges of stalls, pens, concession spaces and other spaces on the fairgrounds; and conduct retail sales as are normal for the operation of a state fair; provided, however, that in no case shall any fee be charged for exhibits of agricultural, dairy, horticultural, culinary, apiary and handwork products of the state of New Mexico, unless items on exhibit are for sale, which fees and charges shall be uniform to all those similarly situated;
(5) publish such journals, books, reports and other materials as are appropriate to the operation of a state fair;
(6) acquire in the name of the state, by purchase or gift, and hold and dispose of real or personal property or rights or interest in real or personal property pursuant to the provisions of Chapter 13, Article 6 NMSA 1978;
(7) build, construct, improve, repair or maintain projects;
(8) acquire a project and own, operate and maintain the project;
(9) accept grants of money, materials or property of any kind from a federal agency upon such terms and conditions as the federal agency may impose; and
(10) perform all acts necessary or convenient to carry out the powers granted in the New Mexico State Fair Act, to obtain grants from any federal agency and to accomplish the purposes of that act and secure the benefits of the National Industrial Recovery Act or any other federal law or rule pursuant to which the office may receive grants, support or assistance.
D. The office shall:
(1) have the care and control of the fairgrounds and shall promulgate rules for the management of the New Mexico state fair and its meetings and exhibitions and the conduct of any other events held at the fairgrounds;
(2) develop exhibits and programs consonant with the purposes of the New Mexico state fair and to advance the agricultural, horticultural, stock raising, mining, mechanical and industrial pursuits of the state;
(3) work closely with the economic development department, the tourism department, the cultural affairs department, other appropriate state agencies, the city of Albuquerque and Bernalillo county to provide a year-round calendar of events at the fairgrounds;
(4) work closely with businesses and neighborhood associations in the area of the fairgrounds to improve relations and respond to concerns expressed by the fairgrounds' neighbors;
(5) provide quarterly financial, operational and performance reports and analyses to the commission, the department of finance and administration and the legislative finance committee;
(6) prepare for the commission, the governor and the legislature by January 2 of each year after a New Mexico state fair is held, a full financial statement showing all funds received and disbursed and all assets and liabilities as a full and detailed account of the office's transactions and containing such statistics and other information that may be of value to the various industries of the state; and
(7) perform such other duties as necessary for the conduct of the New Mexico state fair and the office.
E. The office shall prohibit the sale or consumption of alcoholic beverages on the fairgrounds except in controlled access areas within the licensed premises. The director shall meet with the director of the alcohol and gaming division of the regulation and licensing department and other parties in interest to designate the controlled access areas on which the sale and consumption of alcoholic beverages may be allowed.
SECTION 4. [NEW MATERIAL] STATE FAIR--PURPOSE--CONDUCT OF.--
A. The purposes of the New Mexico state fair are to:
(1) advance the agricultural, horticultural and stock raising, mining, mechanical and industrial pursuits of the state;
(2) celebrate the cultural diversity of the state by highlighting the music, dance, food and other arts of the major peoples who have contributed to New Mexico's much- praised triculture; and
(3) highlight the talents of New Mexicans through competitions and displays of home arts, fine arts and crafts from throughout the state.
B. The office, under the policy direction of the commission, shall annually conduct on suitable grounds the New Mexico state fair at which shall be exhibited livestock, poultry, vegetables, fruits, grains, grasses and other farm products; minerals, ores and other mining exhibits; mining machinery and farm implements; horticulture; home arts; fine arts and crafts; and all other things that the office deems consonant with the purpose of the state fair.
C. The office may appoint necessary police to keep order on the grounds and in the buildings of the fairgrounds. The fairgrounds police have the same authority for such purposes as peace officers. The office may employ or contract with persons to fill positions necessary for the conduct of the New Mexico state fair.
D. The office may charge admission and parking fees; lease stalls, stands and restaurant sites; give prizes and premiums; arrange entertainments and carnivals; and do other things not contrary to state law that the commission considers proper for the conduct of the New Mexico state fair.
SECTION 5. [NEW MATERIAL] FAIRGROUNDS COMMISSION--MEMBERSHIP--APPOINTMENTS--QUALIFICATIONS.--
A. The governor shall appoint, with the advice and consent of the senate, a "fairgrounds commission" consisting of seven members for terms of five years each; provided that the first appointments shall be made of two commissioners for one-year terms, two for two-year terms, one for a three-year term, one for a four-year term and one for a five-year term. Thereafter, commissioners shall be appointed to staggered terms of five years each. Appointments shall be made in such manner that the terms of no more than two commissioners expire each year. Appointments to fill vacancies shall be for the unexpired terms.
B. All fairgrounds commissioners shall be residents of the state and if a commissioner changes residence to a place outside the state, the commissioner shall be deemed to have vacated the office.
C. No fewer than two commissioners shall be engaged in the business of livestock raising and no fewer than two commissioners shall be engaged in agricultural vocations and pursuits other than livestock raising.
D. A fairgrounds commissioner shall not be removed during the term for which the commissioner is appointed except for cause and only after notice and opportunity to be heard; provided that the commissioner may expressly waive the right to a hearing in writing.
SECTION 6. [NEW MATERIAL] COMMISSION--POWERS AND DUTIES.--The commission shall:
A. set policy for the office and the conduct of the annual New Mexico state fair; and
B. meet at least quarterly to review the activities of the office, which meetings are subject to the provisions of the Open Meetings Act and shall provide opportunity for public comment.
SECTION 7. [NEW MATERIAL] STATE FAIR ENTERPRISE FUND--CREATED--APPROPRIATIONS.--
A. The "state fair enterprise fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, revenue from enterprise activities, available federal funds, gifts, grants, donations, income from investment of the fund and any other money credited to the fund. The fund shall be administered by the office. Money in the fund is subject to appropriation by the legislature for the office to conduct the New Mexico state fair and to promote the fairgrounds as a year-round operation with venues, events and facilities that provide for greater use of the assets of the state fair. Disbursements from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the director or the director's authorized representative.
B. In addition to other appropriations, five thousand dollars ($5,000) is appropriated annually to the fund if the city of Albuquerque contributes the same amount to the fund.
C. On the effective date of the New Mexico State Fair Act, all money of the state fair or the state fair commission, except a bond repayment fund if bonds are not paid off early, that is in any account of a bank, trust company, savings and loan or other financial institution, whether in the name of the state fair, New Mexico state fair, EXPO New Mexico or the state fair commission, shall be transferred and deposited in the state fair enterprise fund and the accounts shall be closed.
SECTION 8. [NEW MATERIAL] OUTSTANDING BONDS OF NEW MEXICO STATE FAIR NOT AFFECTED BY REORGANIZATION--OFFICE TO CONTINUE PAYING FROM REVENUE OF THE OFFICE.--
A. Any outstanding bonds of the New Mexico state fair under the former provisions of Sections 16-6-1 through
16-6-22 NMSA 1978 shall continue to be obligations of the office payable from fees, rentals and other charges of the office. Outstanding bonds, and the obligations of the office pertaining to those bonds, continue as provided in the law at the time of the sale of the bonds. The repeal of Sections 16-6-1 through 16-6-22 NMSA 1978 shall not in any way, directly or indirectly, impair adversely any outstanding bonds unless provision has been made for the discharge of the bonds in full.
B. Nothing in the New Mexico State Fair Act shall be construed as impairing or authorizing the impairment of the contract between the state and the holders of state fair bonds authorized or issued, or both, prior to the effective date of that act.
SECTION 9. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, APPROPRIATIONS, MONEY, RECORDS, FURNITURE, EQUIPMENT, OTHER PERSONAL AND REAL PROPERTY--CONTRACTUAL OBLIGATIONS.--
A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment and other personal and real property of the state fair commission or the New Mexico state fair shall be transferred to the office of the state fair.
B. On the effective date of this act, all contractual obligations of the state fair commission or the New Mexico state fair are binding on the office of the state fair.
SECTION 10. EXTIRPATING OUTSTANDING DEBT OF THE STATE FAIR--APPROPRIATION.--Two million two hundred thousand dollars ($2,200,000) is appropriated from the general fund to the state board of finance for expenditure in fiscal year 2015 to pay off any debts of the New Mexico state fair as of the effective date of this act that are not revenue bonds. Any unexpended or unencumbered balance remaining at the end of fiscal year 2015 shall revert to the general fund.
SECTION 11. REPEAL.--Sections 16-6-1 through 16-6-22 NMSA 1978 (being Laws 1913, Chapter 46, Sections 2, 14 and 3, Laws 1994, Chapter 143, Section 6, Laws 1913, Chapter 46, Section 4, Laws 1977, Chapter 245, Section 18, Laws 1913, Chapter 46, Sections 5, 6 and 8, Laws 1961, Chapter 110, Section 1, Laws 1913, Chapter 46, Sections 11 and 12 and Laws 1935, Chapter 69, Sections 1 through 9 and 11, as amended) are repealed.
SECTION 12. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.
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