HOUSE BILL 475
56th legislature - STATE OF NEW MEXICO - first session, 2023
INTRODUCED BY
Gail Armstrong
AN ACT
RELATING TO RECREATION; TRANSFERRING THE NEW MEXICO OUTDOOR RECREATION DIVISION FROM THE ECONOMIC DEVELOPMENT DEPARTMENT TO THE TOURISM DEPARTMENT; REQUIRING THE DEVELOPMENT OF AN ANTI-LITTERING CAMPAIGN; PROVIDING FOR THE CREATION OF PAID PARTNERSHIPS WITH OUTDOOR RECREATION BUSINESSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-15-4 NMSA 1978 (being Laws 1983, Chapter 297, Section 4, as amended) is amended to read:
"9-15-4. DEPARTMENT ESTABLISHED.--There is created in the executive branch the "economic development department". The department shall be a cabinet department and shall consist of, but not be limited to, [six] five divisions as follows:
A. the administrative services division;
B. the economic development division;
C. the New Mexico film division;
D. the technology enterprise division; and
E. the trade and Mexican affairs division [and
F. the New Mexico outdoor recreation division]."
SECTION 2. Section 9-15A-3 NMSA 1978 (being Laws 1991, Chapter 21, Section 3, as amended by Laws 2007, Chapter 286, Section 1 and by Laws 2007, Chapter 287, Section 1) is amended to read:
"9-15A-3. DEPARTMENT ESTABLISHED.--The "tourism department" is created in the executive branch. The department shall be a cabinet department and shall consist of, but not be limited to, [six] seven divisions as follows:
A. the promotion division;
B. the New Mexico magazine division;
C. the sports authority division;
D. the tourism development division;
E. the marketing division; [and]
F. the administrative services division; and
G. the New Mexico outdoor recreation division."
SECTION 3. Section 9-15-14.1 NMSA 1978 (being Laws 2019, Chapter 117, Section 2, as amended) is recompiled in the Tourism Department Act and is amended to read:
"NEW MEXICO OUTDOOR RECREATION DIVISION--DUTIES--DEFINITIONS.--
A. The New Mexico outdoor recreation division of the department shall:
(1) increase outdoor recreation-based economic development, tourism, agritourism and ecotourism in the state;
(2) support the efforts of the economic development department to recruit out-of-state-based outdoor recreation businesses to locate in New Mexico;
(3) promote stewardship and preservation of New Mexico's unique environment and cultural assets;
(4) promote education about and use of outdoor recreation assets to enhance public health; [and]
(5) promote proper outdoor recreation stewardship, including developing a statewide anti-littering campaign;
[(5)] (6) administer the outdoor equity grant program; and
(7) administer an outdoor trails program.
B. The department, the [tourism] economic development department, the state land office, the Rio Grande trail commission, the state parks division of the energy, minerals and natural resources department, the department of game and fish, the cultural affairs department, the Indian affairs department, the department of health and the department of transportation shall work in conjunction with the New Mexico outdoor recreation division to support the division's duties as they relate to the purposes of the respective departments and agencies.
C. For the purposes of administering functions of the New Mexico outdoor recreation division:
(1) "agritourism" means activities that allow members of the public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming activities, ranching activities and historic, cultural or natural attractions;
(2) "department" means the tourism department;
[(1)] (3) "ecotourism" means a form of tourism that involves visiting areas of ecological interest and is intended as a low-impact and often small-scale alternative to standard commercial tourism; and
[(2)] (4) "outdoor recreation" means a recreational activity that occurs outdoors in a natural environment, including the use of trails, the natural landscape, water or snow resources or other natural resources in the activity."
SECTION 4. Section 9-15-14.2 NMSA 1978 (being Laws 2019, Chapter 117, Section 3) is recompiled in the Tourism Department Act and is amended to read:
"OUTDOOR RECREATION ADVISORY COMMITTEE--CREATION--MEMBERSHIP--DUTIES.--
A. The "outdoor recreation advisory committee" is created and is administratively attached to the New Mexico outdoor recreation division of the department. The director of the New Mexico outdoor recreation division, or the director's designee, shall serve as the chair of the committee.
B. The outdoor recreation advisory committee shall be composed of no more than fifteen members appointed by the director of the New Mexico outdoor recreation division. The members of the committee shall include representatives of the outdoor recreation industry, the [tourism] economic development department, the cultural affairs department, the energy, minerals and natural resources department, the state parks division of the energy, minerals and natural resources department, the department of game and fish and the Indian affairs department.
C. The members shall serve at the pleasure of the director.
D. Staff and other administrative support for the outdoor recreation advisory committee shall be provided by the administrative services division of the department.
E. Members of the outdoor recreation advisory committee are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other perquisite, compensation or allowance."
SECTION 5. Section 9-15-14.4 NMSA 1978 (being Laws 2019, Chapter 117, Section 7, as amended) is recompiled in the Tourism Department Act and is amended to read:
"OUTDOOR EQUITY GRANT PROGRAM--CREATED--ADMINISTRATION--GRANT CRITERIA.--
A. The "outdoor equity grant program" is created in the department to be administered by the New Mexico outdoor recreation division of the department.
B. Each fiscal year, competitive grants shall be awarded to applicants for the sole purpose of funding outdoor recreation programs, in whole or in part, for youth up to the age of eighteen and creating paid partnerships with outdoor recreation businesses to increase accessibility and affordability for state residents.
C. Political subdivisions of the state, Indian nations, tribes and pueblos and nonprofit organizations may apply for outdoor equity grants.
D. Annually, the New Mexico outdoor recreation division shall establish a minimum and maximum number of grants available based on the funding appropriated to the outdoor equity grant program fund for that fiscal year.
E. The New Mexico outdoor recreation division shall award grants to applicants through a competitive process and based upon the following minimum criteria:
(1) at least forty percent of the population served by the applicant are low-income youth up to the age of eighteen;
(2) the applicant has a well-developed, written plan to engage low-income youth in outdoor recreation activities; and
(3) the applicant has an educational plan to educate youth about climate and the environment as part of its outdoor recreation program.
F. The New Mexico outdoor recreation division shall establish grant reporting requirements that meet the general purpose of this section."
SECTION 6. Section 9-15-14.5 NMSA 1978 (being Laws 2019, Chapter 117, Section 8, as amended) is recompiled in the Tourism Department Act and is amended to read:
"OUTDOOR EQUITY GRANT PROGRAM FUND--CREATED.--
A. The "outdoor equity grant program fund" is created in the state treasury. All appropriations, gifts, devises, grants and donations received shall be deposited in the fund. Money in the fund is appropriated to the department for the New Mexico outdoor recreation division to carry out the outdoor equity grant program. Any money appropriated to the fund or accruing to it through gifts, grants, bequests or interest shall remain in the fund. Money in the fund shall not revert at the end of a fiscal year.
B. The fund shall be administered by the department. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of [economic development] tourism or the secretary's designee for the purpose of carrying out the outdoor equity grant program."
SECTION 7. TEMPORARY PROVISION--RECOMPILATION.-- Section 9-15-14.3 NMSA 1978 (being Laws 2019, Chapter 117, Section 4) is recompiled in the Tourism Department Act.
SECTION 8. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--
A. On the effective date of this act, all functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property pertaining to the New Mexico outdoor recreation division of the economic development department are transferred to the New Mexico outdoor recreation division of the tourism department.
B. On the effective date of this act, all contractual obligations of the New Mexico outdoor recreation division of the economic development department are binding on the New Mexico outdoor recreation division of the tourism department.
C. On the effective date of this act, all references in law to the New Mexico outdoor recreation division of the economic development department shall be deemed to be references to the New Mexico outdoor recreation division of the tourism department.
SECTION 9. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
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