SENATE BILL 359
50th legislature - STATE OF NEW MEXICO - first session, 2011
INTRODUCED BY
Timothy M. Keller
AN ACT
RELATING TO THE STATE FAIR; REVISING MEMBERSHIP OF THE STATE FAIR COMMISSION; REQUIRING AN ASSESSMENT AND A PUBLIC HEARING CONCERNING EXPANSION; REQUIRING COMPLIANCE WITH MUNICIPAL ORDINANCES; PROVIDING FOR APPEAL OF COMMISSION ACTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 16-6-1 NMSA 1978 (being Laws 1913, Chapter 46, Section 2, as amended) is amended to read:
"16-6-1. STATE FAIR COMMISSION--MEMBERS--
APPOINTMENT--NUMBER--QUALIFICATION--TERMS--OATH--BOND.--
A. The governor shall appoint, with the advice and consent of the senate, a "state fair commission", consisting of seven members, for terms of five years each; provided that the first appointments shall be made of two commissioners for one-year terms, two for two-year terms, one for a three-year term, one for a four-year term and one for a five-year term. Two members shall be nominated by the mayor of Albuquerque, one of whom shall be a city of Albuquerque employee and one of whom shall be a nominee of a neighborhood association, recognized pursuant to the city of Albuquerque Neighborhood Association Recognition Ordinance, that shares a border with the state fairgrounds. All state fair commissioners shall be bona fide residents of the state. No [less] fewer than two commissioners shall be engaged in the business of livestock raising, and no [less] fewer than two commissioners shall be engaged in agricultural vocations and pursuits other than livestock raising.
B. Before entering upon the duties of [his office] commissioner, each state fair commissioner shall take and subscribe an oath [that he will] to faithfully and impartially discharge the duties of [his] the office, which oath shall be filed in the office of the secretary of state. Each commissioner shall furnish a good and sufficient surety bond as provided in the Surety Bond Act.
C. No member of the commission shall be removed during the term for which [he] the commissioner is appointed, except for cause, following notice and an opportunity for a hearing, unless the notice and hearing are, in writing, expressly waived."
SECTION 2. Section 16-6-3 NMSA 1978 (being Laws 1913, Chapter 46, Section 3, as amended) is amended to read:
"16-6-3. DISQUALIFICATION OF COMMISSIONERS--ORGANIZATION OF COMMISSION--SECRETARY AND TREASURER.--
A. If any state fair commissioner changes [his] residence to [any] a place outside the state, [such] or to a place outside the area of the neighborhood if appointed as a nominee of a recognized neighborhood association, the change of residence shall operate ipso facto to vacate the office [he] the commissioner holds. If a state fair commissioner appointed as a city of Albuquerque employee ceases to be employed by that city, the cessation of employment by the city shall operate ipso facto to vacate the office the commissioner holds.
B. The secretary and treasurer of the state fair commission shall qualify by furnishing the commission with a good and sufficient bond pursuant to the Surety Bond Act, conditioned for the faithful performance of [his] duties as secretary and treasurer and that [he] the secretary and treasurer will faithfully account for and pay over to the person entitled thereto all money that comes into [his] the secretary's and treasurer's hands as [such] that officer. The secretary and treasurer shall hold office for a period of one year and until [his] a successor is elected and qualified."
SECTION 3. Section 16-6-4 NMSA 1978 (being Laws 1913, Chapter 46, Section 4, as amended) is amended to read:
"16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR--EXHIBITS--PREMIUMS.--
A. The state fair commission shall have power and authority to hold annually on suitable grounds a state fair at which shall be exhibited livestock, poultry, vegetables, fruits, grains, grasses and other farm products, minerals, ores and other mining exhibits, mining machinery and farm implements and all other things [which] that the commissioners or a majority thereof deem consonant with the purposes of a state fair for the purposes of advancing the agricultural, horticultural and stock raising, mining, mechanical and industrial pursuits of the state and shall have the care of its property and be entrusted with the entire direction of its business and its financial affairs consistent with the provisions of Sections 16-6-15 and 16-6-16 NMSA 1978.
B. The state fair commission, among other duties, shall prepare, adopt, publish and enforce all necessary rules for the management of the New Mexico state fair, its meetings and exhibitions and for the guidance of its officers, employees and exhibitors. The commission shall determine the duties, compensation and tenure of office of all of its officers and employees and may remove from office or discharge any person appointed or employed by it at will and shall have the power to appoint all necessary fairgrounds police to keep order on the grounds and in the buildings of the state fair. The fairgrounds police so appointed shall be vested with the same authority for such purposes as peace officers. The commission shall have the power to charge entrance fees and admissions and lease stalls, stand and restaurant sites, give prizes and premiums, arrange entertainments and do all things [which] that by the commission may be considered proper for the conduct of the state fair not otherwise prohibited by law. The commission shall prohibit the sale or consumption of alcoholic beverages on the grounds of the state fair except in controlled access areas within the licensed premises. The commission or its designees shall meet with the director of the alcohol and gaming division of the [department of] regulation and licensing department and other parties in interest to designate the controlled access areas on which the sale and consumption of alcoholic beverages may be permitted. As used in this subsection, "alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol, but excluding medicinal bitters.
C. Pursuant to the provisions of this section, the state fair commission shall perform an assessment of the impacts of an expansion or redevelopment of the state fairgrounds or a substantial modification of the state fairgrounds plan. The assessment shall include the impact of an expansion or redevelopment on air quality, traffic, noise, the economy of surrounding businesses and neighborhood social conditions. The assessment shall be published and made available upon request to members of the public at least thirty days prior to the public hearing required pursuant to Subsection D of this section.
D. The state fair commission shall hold a public hearing on a plan for expansion or redevelopment of the state fairgrounds or a substantial modification of such a plan. The state fair commission shall provide for public notice of such a plan and the public hearing by publication in a newspaper having a general circulation in the county pursuant to Section 14-11-2 NMSA 1978. The notice shall describe the time, date, place and purpose of the hearing and shall generally identify proposed changes to the state fairgrounds.
E. Following the public hearing, the state fair commission may approve a plan if it finds that the plan conforms to the general plan for the municipality, its zoning ordinance, transportation plan and other applicable laws and regulations concerning development.
F. Any person adversely affected by an action taken by the state fair commission may appeal the action to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."
SECTION 4. TEMPORARY PROVISION--APPLICATION OF COMMISSIONER QUALIFICATIONS.--The restrictions imposed on the appointment of state fair commissioners pursuant to Section 1 of this act shall apply to the vacancies among commissioners not engaged in the business of livestock raising or in agricultural vocations and pursuits other than livestock raising that first occur after the effective date of this act.
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