SENATE RULES COMMITTEE SUBSTITUTE FOR

SENATE BILL 359

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO THE STATE FAIR; PROVIDING FOR NOTICE OF COMMISSION MEETINGS AND ACTIONS; CREATING THE STATE FAIR ADVISORY COMMITTEE.

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

     SECTION 1. 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. The state fair commission shall give written notice of its meetings to all neighborhood associations, recognized pursuant to the city of Albuquerque's Neighborhood Association Recognition Ordinance, that share a border with the state fairgrounds. The notice shall be mailed by first class mail to the authorized representative of each neighborhood association at least seven calendar days prior to the meeting. In the event of an emergency meeting of the commission, the notice may be given telephonically at least six hours prior to the scheduled starting time of the meeting.

          D. The state fair commission shall give written notice of actions taken at its meetings to all neighborhood associations, recognized pursuant to the city of Albuquerque's Neighborhood Association Recognition Ordinance, that share a border with the state fairgrounds. The notice shall be mailed by first class mail to the authorized representative of each neighborhood association within forty-eight hours of the vote of the commission authorizing those actions."

     SECTION 2. A new section of Chapter 16, Article 6 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] STATE FAIR ADVISORY COMMITTEE.--

          A. The "state fair advisory committee" is created. The committee shall consist of members representing the neighborhood associations, recognized pursuant to the city of Albuquerque's Neighborhood Association Recognition Ordinance, that share a border with the state fairgrounds, including Fair Heights neighborhood association, Fair West neighborhood association, Frederick Fare neighborhood association, Jerry Cline neighborhood association, La Mesa neighborhood association, South San Pedro neighborhood association and Trumbull Village neighborhood association.

          B. The Bernalillo county commission shall be the appointing authority for three members of the state fair advisory committee; the mayor of the city of Albuquerque shall be the appointing authority for the remaining members of the state fair advisory committee. The county commission and the mayor shall determine by lot the neighborhood associations for which they shall make the initial appointments. Thereafter, the appointing authority for each neighborhood association shall alternate for each successive term. Members shall serve at the pleasure of their respective appointing authorities.

          C. The initial seven members of the state fair advisory committee shall determine by lot which three members shall serve an initial one-year term. All other terms, including terms after the initial terms, shall be for two years. Members shall serve until their successors are appointed. Vacancies shall be filled in the same manner in which the former member was appointed. A member who is appointed to fill a vacancy shall serve the remainder of the unexpired term of the former member.

          D. The state fair advisory committee shall elect annually a chairperson and other officers that the committee determines to be appropriate and shall establish procedures, practices and policies governing the committee's activities.

          E. The tourism department shall provide administrative and financial support to the state fair advisory committee.

          F. The state fair advisory committee shall advise the state fair commission on issues related to the state fair and the use of the state fairgrounds.

          G. The state fair advisory committee shall cease to exist if the state fairgrounds are moved to a different location."

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