SENATE BILL 10

47th legislature - STATE OF NEW MEXICO - second session, 2006

INTRODUCED BY

Leonard Lee Rawson

AN ACT

RELATING TO STATE PARK AND RECREATION REVENUES; PROVIDING FOR A DISTRIBUTION TO CERTAIN COUNTIES OF A PORTION OF THE REVENUES; MAKING AN APPROPRIATION.

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

     Section 1. Section 16-2-7 NMSA 1978 (being Laws 1935, Chapter 57, Section 7, as amended) is amended to read:

     "16-2-7. RULES [AND REGULATIONS].--

          A. The secretary shall [promulgate and] adopt rules for each park as circumstances may demand to the end that each state park may be made as nearly self-supporting as possible. The secretary shall also adopt rules to regulate the construction and maintenance of boat docks for a lake that is a part of a state park.

          B. For the purpose of making distributions to county general funds pursuant to Subsection B of Section 16-2-19 NMSA 1978, after each calendar year, the secretary shall identify each park and recreation area in which the number of visitors in that calendar year exceeded the population of the county in which the park or recreation area, or any portion of the park or recreation area, is located. When setting user fees for those park and recreation areas, the secretary shall consider the effect of the distributions to the county general funds."

     Section 2. Section 16-2-19 NMSA 1978 (being Laws 1935, Chapter 57, Section 16, as amended) is amended to read:

     "16-2-19. STATE PARK AND RECREATION REVENUES--SOURCE AND DISBURSEMENT.--

          A. Except as provided in Subsection B of this section, all money derived from the operation of state parks or recreation areas or from the governmental gross receipts tax distributions pursuant to Section 7-1-6.38 NMSA 1978 appropriated to the energy, minerals and natural resources department for state park and recreation capital improvements or from gifts, donations, bequests or endowments, except as the money may be pledged for the retirement of bonds issued under the State Park and Recreation Bond Act or appropriated for state park and recreation purposes by the legislature or acquired from any other source whatsoever, shall not at any time or in any event revert or be transferred to general or other state funds; and such funds shall be used solely for the purpose of acquiring, developing, operating and maintaining state parks or recreation areas and maintenance, operation and expenditures of the state [park and recreation] parks division of the energy, minerals and natural resources department, the payment of traveling expenses and salaries of officers, park superintendents and employees and the retirement of state park and recreation bonds. Expenditures shall be made in accordance with budgets approved by the department of finance and administration.

          B. For each park or recreation area identified by the secretary pursuant to Subsection B of Section 16-2-7 NMSA 1978, in the fiscal year following the identification, ten percent of the revenue derived from the operation of the park or recreation area shall be distributed to the general fund of the county in which the park or recreation area, or any portion of the park or recreation area, is located."

     Section 3. APPLICABILITY.--The provisions of this act apply to revenue received from state park and recreation areas on or after July 1, 2006.

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