HOUSE BILL 377

56th legislature - STATE OF NEW MEXICO - first session, 2023

INTRODUCED BY

Joshua N. Hernandez

AN ACT

RELATING TO MARKETING; CREATING THE MARKETING EXCELLENCE BUREAU IN THE MARKETING DIVISION OF THE TOURISM DEPARTMENT; SPECIFYING DUTIES; AMENDING A SECTION OF THE ECONOMIC DEVELOPMENT CORPORATION ACT; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Tourism Department Act is enacted to read:

     "[NEW MATERIAL] MARKETING EXCELLENCE BUREAU--CREATED--DUTIES.--

          A. The "marketing excellence bureau" is created in the marketing division of the department.

          B. The marketing excellence bureau shall:

                (1) serve as a centralized collection of marketing-focused expertise, knowledge and resources to support the program goals of executive branch agencies;

                (2) provide guidance, information, support and training related to marketing efforts;

                (3) support strategy alignment and develop efficiencies for marketing efforts for all executive branch agencies;

                (4) assist executive branch agencies in identifying and developing new market strategies and technology solutions to enhance the agencies' marketing efforts; and

                (5) lead the marketing strategy, asset creation and advertising placements for the economic development corporation and for all executive branch agencies and marketing and public education programs."

     SECTION 2. Section 53-7A-6 NMSA 1978 (being Laws 2003, Chapter 183, Section 6) is amended to read:

     "53-7A-6. APPLICATION OF OTHER LAWS.--

          A. The corporation formed pursuant to the Economic Development Corporation Act is separate and apart from the state and shall not be deemed an agency, public body or other political subdivision of New Mexico for purposes of applying laws relating to personnel, procurement of goods and services, gross receipts tax, disposition or acquisition of property, capital outlays and per diem and mileage; provided that the corporation shall be deemed an executive branch agency for purposes of receiving marketing services from the tourism department.

          B. Notwithstanding the provisions of the Open Meetings Act, meetings of the corporation shall be closed to the public when proprietary technical or business information or any information regarding location or expansion of a business is discussed.

          C. Information obtained by the corporation that is proprietary technical or business information or related to the possible relocation or expansion of a business shall be confidential and not subject to inspection pursuant to the Inspection of Public Records Act.

          D. The corporation, its officers, directors and employees shall be granted immunity from liability for any tort as provided in the Tort Claims Act and may enter into agreements with insurance carriers to insure against a loss in connection with its operations even though the loss may be included among losses covered by the risk management fund of New Mexico."

     SECTION 3. APPROPRIATION.--Fifty million dollars ($50,000,000) is appropriated from the general fund to the tourism department for expenditure in fiscal years 2024 through 2026 to fund the activities of the marketing excellence bureau of the marketing division of the tourism department. Any unexpended or unencumbered balance remaining at the end of fiscal year 2026 shall revert to the general fund.

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.

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