AN ACT
RELATING TO FINANCE; PROVIDING FOR A
DISTRIBUTION OF GOVERNMENTAL GROSS RECEIPTS TAX REVENUE TO THE OFFICE OF
CULTURAL AFFAIRS; ALLOWING THE OFFICE OF CULTURAL AFFAIRS TO ENTER INTO LOAN
AGREEMENTS WITH THE NEW MEXICO FINANCE AUTHORITY.
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 in an amount equal to twenty-four percent of the net receipts
attributable to the governmental gross receipts tax. Forty-one and two-thirds 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 fifty-eight and one-third percent of the distribution is
appropriated to the energy, minerals and natural resources department for state
park and recreation area capital improvements, including the costs of planning,
engineering, design, construction, renovation, repair, equipment and
furnishings.
C. A distribution pursuant to Section 7-1-6.1
NMSA 1978 shall be made to the office of cultural affairs in an amount equal to
one percent of the net receipts attributable to the governmental gross receipts
tax for capital improvements at state museums and monuments administered by the
office of cultural affairs.
D. 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 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 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 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 in any agreement with the holders of the
bonds or notes."
Section 2. Section 9-6-11 NMSA 1978 (being Laws 1980,
Chapter 151, Section 56) is amended to read:
"9-6-11. STATE CULTURAL AFFAIRS
OFFICER--DUTIES--POWERS.--
A. The state cultural affairs officer is
responsible to the secretary of finance and administration for the operation of
the office of cultural affairs. It is
his duty to manage all operations of the office and to administer and enforce
the laws with which he or the office is charged.
B. To perform his duties, the state cultural
affairs officer has every power expressly enumerated in the laws, whether
granted to him or to the office of cultural affairs or to any division of the
office, except where authority conferred upon any division is explicitly
exempted from the state cultural affairs officer's authority by statute.
C. Subject to other provisions of law, the state
cultural affairs officer shall appoint with the secretary's consent a
"director" for each division established within the office of
cultural affairs. These appointed
positions are exempt from the provisions of the Personnel Act.
D. The state cultural affairs officer may apply
for and receive, with the secretary's approval, in the name of the office any
public or private funds, including but not limited to United States government
funds, available to the office to carry out its programs, duties or services.
E. Pursuant to the provisions of Section 6-21-6
NMSA 1978, the legislature authorizes the New Mexico finance authority to make
loans from the public project revolving fund to the office of cultural affairs
to design, remodel, renovate, rehabilitate or improve state museums and
monuments administered by the office of cultural affairs on terms and
conditions established by the authority.
The state cultural affairs officer shall pledge the governmental gross
receipts tax revenues distributed to the office pursuant to
Section 7-1-6.38 NMSA 1978 in an
amount satisfactory to the authority and in an amount at least sufficient to
make the loan payments. The legislature
shall not repeal or otherwise modify any law that adversely affects or impairs
any loan from the New Mexico finance authority secured by a pledge of
governmental gross receipts revenues, unless the loan has been paid in full or
provisions have been made for full payment.
Any governmental gross receipts tax revenue distributed to the office of
cultural affairs remaining after the payment of debt service may be used by the
office of cultural affairs for museum capital improvement projects.
F. The state cultural affairs officer may make
and adopt such reasonable and procedural rules and regulations as may be
necessary to carry out the duties of the office and its divisions. No rule or regulation promulgated by the
director of any division in carrying out the functions and duties of the
division shall be effective until approved by the state cultural affairs
officer unless otherwise provided by statute.
Unless otherwise provided by statute, no regulation affecting any person
or agency outside the office shall be adopted, amended or repealed without a public
hearing on the proposed action before the state cultural affairs officer 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
regulation, 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 regulation, proposed amendment or repeal of an
existing regulation 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 and regulations shall be filed in accordance with the State
Rules Act."
Section 3. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003 if by that date the New Mexico finance
authority, as holder of all outstanding bonds payable from governmental gross
receipts tax revenue issued by the state parks division pursuant to the State
Park and Recreation Bond Act, has consented in writing to the reduction of the
distribution of governmental gross receipts tax revenues to the energy,
minerals and natural resources department for state park and recreation capital
projects as set forth in Section 7-1-6.38 NMSA 1978.
HB 845
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