44th legislature - STATE OF NEW MEXICO - first session, 1999

RELATING TO STATE PARKS; CREATING THE STATE PARKS DEPARTMENT; PROVIDING FOR ADMINISTRATIVE ATTACHMENT AND ADMINISTRATIVE SERVICES TO BE PROVIDED BY THE TOURISM DEPARTMENT; MAKING TRANSFERS.

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

Section 1. Section 7-1-6.38 NMSA 1978 (being Laws 1994, Chapter 145, Section 1, as amended) is amended to read:

"7-1-6.38. DISTRIBUTION--GOVERNMENTAL GROSS RECEIPTS TAX.--

A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the public project revolving fund administered by the New Mexico finance authority in an amount equal to seventy-five percent of the net receipts attributable to the governmental gross receipts tax.

B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the energy, minerals and natural resources department and the state parks department in an amount equal to twenty-five percent of the net receipts attributable to the governmental gross receipts tax. Forty percent of the distribution is appropriated to the energy, minerals and natural resources department to implement the provisions of the New Mexico Youth Conservation Corps Act, and sixty percent of the distribution is appropriated to the [energy, minerals and natural resources] state parks department for state park and recreation area capital improvements, including the costs of planning, engineering, design, construction, renovation, repair, equipment and furnishings.

C. The state pledges to and agrees with the holders of any bonds or notes issued by the New Mexico finance authority [or by], the energy, minerals and natural resources department or the state parks department and payable from the net receipts attributable to the governmental gross receipts tax distributed to the New Mexico finance authority [or], the energy, minerals and natural resources department or the state parks department pursuant to this section that the state will not limit, reduce or alter the distribution of the net receipts attributable to the governmental gross receipts tax to the New Mexico finance authority [or], the energy, minerals and natural resources department or the state parks department or limit, reduce or alter the rate of imposition of the governmental gross receipts tax until the bonds or notes together with the interest thereon are fully met and discharged. [The New Mexico finance authority and the energy, minerals and natural resources department are authorized to include] This pledge and agreement of the state shall be included in any agreement with the holders of the bonds or notes."

Section 2. Section 9-5A-3 NMSA 1978 (being Laws 1987, Chapter 234, Section 3, as amended by Laws 1997, Chapter 137, Section 1 and also by Laws 1997, Chapter 149, Section 2) is amended to read:

"9-5A-3. DEPARTMENT ESTABLISHED.--

A. There is created in the executive branch the "energy, minerals and natural resources department". The department shall be a cabinet department and shall include [but not be limited to] the following organizational units:

(1) the administrative services division;

[(2) the state parks division;

(3)] (2) the forestry division; [which shall include a soil and water conservation bureau;

(4)] (3) the energy conservation and management division;

[(5)] (4) the mining and minerals division; and

[(6)] (5) the oil conservation division.

B. The state game commission is administratively attached to the department."

Section 3. Section 9-5A-4 NMSA 1978 (being Laws 1987, Chapter 234, Section 4, as amended) is amended to read:

"9-5A-4. DIVISIONS--DUTIES.--In addition to the duties assigned to each division of the energy, minerals and natural resources department by the secretary of energy, minerals and natural resources:

A. the administrative services division shall provide clerical, recordkeeping and administrative support to the department in the areas of personnel, budget, procurement and contracting;

B. the energy conservation and management division shall plan, administer, review, provide technical assistance, maintain records and monitor state and federal energy conservation and alternative energy technology programs;

C. the forestry division shall enforce and administer [all] laws and [regulations] rules relating to forestry on lands within the state;

D. the mining and minerals division shall enforce and administer laws and [regulations] rules relating to mine safety, coal surface mine reclamation and abandoned mine lands reclamation; and

E. the oil conservation division shall administer [the] laws and [regulations] rules relating to oil, gas and geothermal resources, except those laws specifically administered by another authority [and

F. the state park and recreation division shall develop, maintain, manage and supervise all state parks and state-owned or state-leased recreation areas]."

Section 4. Section 16-2-2 NMSA 1978 (being Laws 1977, Chapter 254, Section 113, as amended) is amended to read:

"16-2-2. STATE PARK AND RECREATION ADVISORY COMMITTEE CREATED--MEMBERSHIP--COMPENSATION--DUTIES.--

A. The "state park and recreation advisory committee" to the state [park and recreation division of the energy, minerals and natural resources] parks department is created. It shall be composed of seven to eleven members appointed by the governor.

B. The parks and recreation advisory committee shall provide advice and make recommendations relating to the administration of [the state park and recreation division] parks and recreation areas. It shall advise on all matters of policy, [regulations] rules, the formulation of a comprehensive statewide recreation plan and such other matters as may be requested by the [director of that division] superintendent of state parks.

C. The parks and recreation advisory committee shall meet quarterly or at the call of the chairman.

D. [Each member of] The parks and recreation advisory committee shall annually elect a chairman and vice chairman from its membership. The [director of the state park and recreation division of the energy, minerals and natural resources department] state parks department shall [serve as the executive secretary of] staff the committee."

Section 5. Section 16-2-3 NMSA 1978 (being Laws 1977, Chapter 254, Section 12, as amended) is amended to read:

"16-2-3. MEANING OF DESIGNATIONS.--Wherever in the laws of New Mexico [whether or not the statutes have been compiled in NMSA 1978] reference is made to the "state park and recreation commission" [or to the "commission"], the term [shall mean] means the state [park and recreation division of the energy, minerals and natural resources] parks department. As used in Chapter 16 NMSA 1978, "secretary" means the [secretary of energy, minerals and natural resources] superintendent of state parks."

Section 6. Section 16-2-10 NMSA 1978 (being Laws 1935, Chapter 57, Section 10, as amended) is amended to read:

"16-2-10. [SECRETARY] SUPERINTENDENT AND EMPLOYEES PROHIBITED FROM HAVING INTEREST IN CONCESSIONS.--Neither the [secretary] superintendent nor any member of the [energy, minerals and natural resources] state parks department shall have any interest in, directly or indirectly, or in any manner be connected with any concession granted to any person within any state park or recreation area."

Section 7. A new section of Chapter 16, Article 2 NMSA 1978 is enacted to read:

"[NEW MATERIAL] DEPARTMENT CREATED--SUPERINTENDENT--DEPARTMENT STRUCTURE.--

A. The "state parks department" is created in the executive branch. The department is not a cabinet-level department. The department shall be administered by a "superintendent of state parks" appointed by the governor with the advice and consent of the senate. The superintendent shall have education and practical field experience in the field of parks and recreation and have demonstrated administrative capabilities in parks management. The superintendent shall hold office at the pleasure of the governor.

B. Except for statutorily created organizational units, the superintendent may organize the department as he deems necessary to carry out the functions of the department.

C. The superintendent may establish "divisions" to be head by "directors". Directors shall be appointed with the approval of the governor. Directors serve at the pleasure of the superintendent and are exempt from the Personnel Act.

D. The superintendent may establish "bureaus" to be headed by "chiefs". Chiefs and subsidiary personnel shall be covered by the Personnel Act."

Section 8. A new section of Chapter 16, Article 2 NMSA 1978 is enacted to read:

"[NEW MATERIAL] ADMINISTRATIVE ATTACHMENT--TOURISM DEPARTMENT TO PROVIDE ADMINISTRATIVE SERVICES.--The state parks department is administratively attached to the tourism department. The tourism department shall provide all clerical services in the areas of personnel and budget preparation, record-keeping and administrative support."

Section 9. A new section of Chapter 16, Article 2 NMSA 1978 is enacted to read:

"[NEW MATERIAL] SUPERINTENDENT--GENERAL POWERS AND DUTIES.--

A. The superintendent of state parks is responsible to the governor for the operation of the department. It is his duty to manage all operations of the state parks department and to administer and enforce the laws with which he or the department is charged.

B. To perform his duties, the superintendent has every power expressly enumerated in the laws, whether granted to the superintendent or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the superintendent's authority by statute. In accordance with these provisions, the superintendent shall:

(1) exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations;

(2) delegate authority to subordinates as he deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

(3) organize the department into those organizational units he deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge his duties;

(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law for whose administration or execution he is responsible and to enforce those orders and instructions by appropriate administrative action or actions in the courts;

(6) conduct research and studies that will improve the operations of the department and the provision of services to the citizens of the state;

(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs, with the objective of improving the operations and efficiency of administration;

(8) prepare an annual budget of the department; and

(9) provide cooperation, at the request of heads of administratively-attached agencies, in order to:

(a) minimize or eliminate duplication of services and jurisdictional conflicts; and

(b) coordinate activities and resolve problems of mutual concern.

C. The superintendent may apply for and receive, with the governor's approval, in the name of the department any public or private funds, United States government funds, available to the department to carry out its programs, duties or services.

D. The superintendent may make and adopt such reasonable and procedural rules as may be necessary to carry out the duties of the department and its divisions. No rule promulgated by the director of a division in carrying out the functions and duties of the division shall be effective until approved by the superintendent, unless otherwise provided by statute. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the superintendent or a hearing officer designated by him. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing. All rules shall be filed in accordance with the State Rules Act."

Section 10. Section 16-3-2 NMSA 1978 (being Laws 1973, Chapter 372, Section 2, as amended) is amended to read:

"16-3-2. DEFINITIONS.--As used in the State Trails System Act:

A. "local government" means any county, municipality or other political subdivision of the state and includes rural communities and unincorporated towns or villages in the state; and

B. "secretary" means the [secretary of energy, minerals and natural resources] superintendent of state parks."

Section 11. Section 16-3-9 NMSA 1978 (being Laws 1973, Chapter 372, Section 10, as amended) is amended to read:

"16-3-9. LIMITATION OF LIABILITY OF OWNERS OF LAND USED FOR RECREATIONAL PURPOSES.--No person or corporation, or their successors in interest, who has granted a right-of-way or easement across his land to the [energy, minerals and natural resources department] state for use in the state trails system shall be liable to any user of the trail for injuries suffered on the right-of-way or easement unless the injuries are caused by the willful or wanton misconduct of the grantor."

Section 12. TEMPORARY PROVISION--TRANSFER OF PROPERTY, CONTRACTS AND STATUTORY REFERENCES.--

A. On July 1, 1999, all personnel, money, appropriations, records, equipment, furnishings and other property belonging to the state parks division of the energy, minerals and natural resources department shall be transferred to the state parks department.

B. On July 1, 1999, all existing contracts and other obligations of the state parks division of the energy, minerals and natural resources department shall be binding on the state parks department.

C. On July 1, 1999, all references in law to the state park recreation division or the state parks division of the energy, minerals and natural resources department shall be construed to be references to the state parks department.

Section 13. REPEAL.--Section 9-5A-6.1, 16-2-5 and 16-2-7 NMSA 1978 (being Laws 1997, Chapter 149, Section 3 and Laws 1935, Chapter 57, Sections 4 and 7, as amended) are repealed.

Section 14. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.