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AN ACT

RELATING TO INDIAN AFFAIRS; ADDING THE SECRETARY OF TOURISM TO

THE INTERTRIBAL CEREMONIAL BOARD; DECLARING AN EMERGENCY.

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

Section 1. Section 9-15C-1 NMSA 1978 (being Laws 2005,

Chapter 219, Section 1) is amended to read:

"9-15C-1. SHORT TITLE.--Chapter 9, Article 15C NMSA

1978 may be cited as the "Intertribal Ceremonial Act"."

Section 2. Section 9-15C-2 NMSA 1978 (being Laws 2005,

Chapter 219, Section 2) is amended to read:

"9-15C-2. DEFINITIONS.--As used in the Intertribal

Ceremonial Act:

A. "department" means the tourism department;

B. "director" means the director of the

intertribal ceremonial office;

C. "fund" means the intertribal ceremonial fund;

D. "office" means the intertribal ceremonial

office; and

E. "secretary" means the secretary of tourism."

Section 3. Section 9-15C-3 NMSA 1978 (being Laws 2005,

Chapter 219, Section 3) is amended to read:

"9-15C-3. INTERTRIBAL CEREMONIAL OFFICE CREATED--POWERS

AND DUTIES.--

A. The "intertribal ceremonial office" is created.

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The office is administratively attached to the department.

B. The governor shall appoint a director, who

shall serve at the pleasure of the governor. The director

shall hire and terminate other necessary employees, who shall

be subject to the provisions of the Personnel Act.

C. The director shall:

(1) work with the department to establish

steady funding for the intertribal ceremonial;

(2) supervise the activities of the office;

(3) work with the department to promote the

intertribal ceremonial; and

(4) prepare an annual budget and an annual

report on the activities of the office.

D. The office shall:

(1) administer an annual intertribal

ceremonial;

(2) cooperate with and assist public and

private entities that seek to promote recognition of

ceremonies significant to Indian tribes and pueblos;

(3) function as the coordinating office for

all services and activities pertaining to the intertribal

ceremonial;

(4) adopt rules in accordance with the State

Rules Act to carry out the duties of the office;

(5) accept gifts, grants, donations,

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bequests and devises from any source to be used to carry out

its duties;

(6) enter into contracts; and

(7) charge admission, parking and

concessions fees, give prizes and premiums, create

sponsorships and other forms of advertising, arrange

entertainments and do all things the office may consider

proper for the conduct of the intertribal ceremonial and not

otherwise prohibited by law.

E. The "intertribal ceremonial board" is created.

The board shall consist of eight members, including the

director, who shall serve ex officio, the secretary or the

secretary's designated representative and six members,

appointed by the governor, who shall serve terms of five years

each; provided that the governor's first appointments shall be

made of two board members for one-year terms, two for two-year

terms, one for a three-year term and one for a four-year term.

All intertribal ceremonial board members shall be bona fide

residents of the state, and at least a majority of the members

shall be Native American. A board member shall not be removed

during the term of office except for cause, following notice

and an opportunity for a hearing."

Section 4. Section 9-15C-4 NMSA 1978 (being Laws 2005,

Chapter 219, Section 4) is amended to read:

"9-15C-4. FUND CREATED--ADMINISTRATION.--The

"intertribal ceremonial fund" is created in the state

treasury. Money appropriated to the fund or accruing to it

through sales, gifts, grants, fees, penalties, bequests or any

other source shall be delivered to the state treasurer and

deposited in the fund. Money in the fund is appropriated to

the office for the purpose of carrying out the intertribal

ceremonial. Money in the fund at the end of any fiscal year

shall not revert. Interest and earnings from the fund shall

be credited to the fund. Disbursements from the fund shall be

made on warrant drawn by the secretary of finance and

administration pursuant to vouchers signed by the director or

the director's authorized representative."

Section 5. EMERGENCY.--It is necessary for the public

peace, health and safety that this act take effect

immediately.

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