HB0029GUS

HOUSE HEALTH AND GOVERNMENT AFFAIRS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 29

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

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; CREATING THE COMMERCE DEPARTMENT; REPLACING THE ECONOMIC DEVELOPMENT DEPARTMENT AND THE TOURISM DEPARTMENT; PROVIDING POWERS AND DUTIES; ELIMINATING OR ADMINISTRATIVELY ATTACHING CERTAIN AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS AND COMMITTEES; PROVIDING FOR SUNSETS OF ADMINISTRATIVELY ATTACHED AGENCIES; TRANSFERRING FUNCTIONS, APPROPRIATIONS, MONEY, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.

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

SECTION 1. [NEW MATERIAL] SHORT TITLE.--Sections 1 through 25 of this act may be cited as the "Commerce Department Act".

SECTION 2. [NEW MATERIAL] PURPOSE.--The purpose of the Commerce Department Act is to establish a single, unified department to administer laws and exercise functions formerly administered and exercised by the economic development department and the tourism department.

SECTION 3. [NEW MATERIAL] DEFINITIONS.--As used in the Commerce Department Act:

A. "department" means the commerce department; and

B. "secretary" means the secretary of commerce.

SECTION 4. [NEW MATERIAL] DEPARTMENT CREATED--ORGANIZATIONAL UNITS.--

A. The "commerce department" is created as a cabinet department and includes the following organizational units:

(1) office of the secretary;

(2) administrative services division, including the information technology bureau;

(3) economic development division, including:

(a) international trade bureau;

(b) marketing bureau;

(d) enterprise development bureau; and

(4) tourism development division, including:

(a) New Mexico magazine bureau; and

(b) welcome centers bureau.

B. The secretary may establish, merge or eliminate organizational units of the department for better efficiency and effectiveness, but a reorganization of statutory divisions or bureaus shall be reported to the next regular session of the legislature.

SECTION 5. [NEW MATERIAL] ADMINISTRATIVELY ATTACHED AGENCIES.--

A. The following are administratively attached to the department:

(1) economic development and tourism commission;

(2) military base planning commission and office of military base planning;

(3) New Mexico-Chihuahua commission;

(4) New Mexico-Sonora commission;

(5) spaceport authority; and

(6) state fair commission.

B. The department shall provide administrative services to administratively attached agencies.

SECTION 6. [NEW MATERIAL] SECRETARY OF COMMERCE.--The chief executive and administrative officer of the department is the "secretary of commerce". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold that office at the pleasure of the governor and shall serve in the executive cabinet.

SECTION 7. [NEW MATERIAL] SECRETARY--DUTIES AND GENERAL POWERS.--

A. The secretary is responsible to the governor for the operation of the department. It is the secretary's duty to manage all operations of the department and to administer and enforce the laws with which the secretary or the department is charged.

B. To perform the secretary's duties, the secretary has every power expressly enumerated in the laws, whether granted to the secretary or the department or any division of the department, except when authority conferred upon any division is explicity exempted from the secretary's authority by statute. In accordance with these provisions, the secretary shall:

(1) except as otherwise provided in the Commerce Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and rules;

(2) delegate authority to subordinates as the secretary deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;

(3) organize the department into those organizational units that the secretary deems will enable it to function most efficiently;

(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the secretary's duties;

(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law for whose administration or execution the secretary is responsible and to enforce those orders and instructions by appropriate administrative action in the courts;

(6) conduct research and studies that will improve the operations of the department and the provision of services to the residents of the state;

(7) provide for courses of instruction and practical training for employees of the department and other persons involved in the administration of programs, with the objective of improving the operations and efficiency of administration;

(8) prepare an annual budget of the department based on the five-year economic development and tourism plans;

(9) provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies; and

(10) appoint a "director" for each division. These appointed positions are exempt from the provisions of the Personnel Act. Persons appointed to these positions shall serve at the pleasure of the secretary.

C. The secretary may apply for and receive in the name of the department any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.

D. The secretary may make and adopt such reasonable procedural rules as may be necessary to carry out the duties of the department and its divisions. No rule promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the secretary, unless otherwise provided by statute. Unless otherwise provided by statute, no rule affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the secretary or a hearing officer designated by the secretary. The public hearing shall be held in Santa Fe unless otherwise permitted by statute. Notice of the subject matter of the rule, 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 rule or proposed amendment or repeal of an existing rule 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 shall be filed in accordance with the State Rules Act.

SECTION 8. [NEW MATERIAL] BUREAUS--CHIEFS.--The secretary shall establish with each division such "bureaus" as deemed necessary to carry out the provisions of the Commerce Department Act. The secretary shall employ a "chief" to be the administrative head of each bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act unless otherwise provided by law.

SECTION 9. [NEW MATERIAL] ORGANIZATIONAL UNITS OF DEPARTMENT--POWERS AND DUTIES SPECIFIED BY LAW--ACCESS TO INFORMATION.--Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and the secretary shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 7 of the Commerce Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law. Any information obtained by the department that is proprietary technical information or related to the possible relocation or expansion of a business shall be deemed confidential and withheld from inspection pursuant to the Inspection of Public Records Act.

SECTION 10. [NEW MATERIAL] ECONOMIC DEVELOPMENT AND TOURISM COMMISSION CREATED--MEMBERSHIP--ADMINISTRATIVELY ATTACHED TO THE DEPARTMENT--POWERS AND DUTIES.--

A. The "economic development and tourism commission" is created and is administratively attached to the department. The department shall provide administrative support for the commission. The commission is a planning commission that provides advice to the department on policy matters. The commission is responsible for the annual approval and update of the state's five-year economic development and tourism plans.

B. The commission consists of fifteen members who shall be qualified electors of the state, no more than eight of whom at the time of their appointment shall be members of the same political party and at least two of whom shall be Native American. Members shall be appointed by the governor and confirmed by the senate. Seven members shall be appointed from their respective planning districts, three members shall be appointed from their respective congressional districts, two members shall be Native American and represent the interests of Indian nations, tribes and pueblos and three members shall represent the public at large. Appointments shall be made for staggered five-year terms expiring on January 1 of the appropriate year. The governor shall determine the terms at the time of initial appointments. A vacancy on the commission shall be filled by appointment by the governor in the same manner as the original appointment for the unexpired term.

C. Annually, the governor shall designate a chair of the commission from among the members. The commission shall meet at the call of the chair, not less than once each calendar quarter, and shall invite representatives of appropriate legislative committees, other state agencies and interested persons to its meetings for the purpose of information exchange and coordination.

D. Commission members shall not vote by proxy. A majority of the members constitutes a quorum for the conduct of business.

E. Members of the commission shall not be removed except for cause.

F. Commission members are entitled to receive reimbursement for per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance.

G. The commission shall:

(1) develop and recommend policies and provide policy and program guidance for the department;

(2) review, modify and approve annual updates to the state's five-year economic development and tourism plans generated by the department;

(3) advise, assist and promote the department on matters relating to economic development, tourism, tribal tourism, technology, technology-based new business development and technology commercialization projects, including small business needs;

(4) review federal technology-based programs requiring state matching funds and authorize any expenditure or pledge of the state match fund for such programs; and

(5) establish such rules for its own operations as are necessary to achieve the purposes of the Commerce Department Act. Rules of the commission shall be adopted in the same procedural manner as rules of the department are adopted and shall be filed in accordance with the State Rules Act.

H. The commission is terminated July 1, 2015 pursuant to the provisions of the Sunset Act unless continued by law. The provisions of that act notwithstanding, there is no wind-up period for the commission.

SECTION 11. [NEW MATERIAL] ADDITIONAL ECONOMIC DEVELOPMENT DUTIES.--The department shall:

A. provide a coordinated statewide perspective with regard to economic development activities;

B. work with and provide staff support to the economic development and tourism commission in formulating and implementing the state's five-year economic development plan;

C. maintain and update records on the status of all completed and ongoing economic development projects of the department;

D. develop, maintain and provide economic and demographic information to the governor, the legislature, other state agencies and local governments;

E. serve as lead agency in coordination of the census program at the state data center;

F. provide a database for local and regional economic development groups and serve as a comprehensive source of information and assistance to businesses wishing to locate or expand in New Mexico;

G. actively encourage new economic enterprises to locate in New Mexico and assist existing businesses to expand;

H. monitor the progress of state-supported economic development activities and prepare annual reports of those activities and their status and impact;

I. create and encourage methods designed to provide rapid economic diversification development that will create new employment opportunities for the residents of the state, including the issuance of grants and loans to municipalities and counties for economic enhancement projects;

J. provide for technology commercialization projects as an incentive to industry locating or expanding in the state;

K. support technology transfer programs;

L. promote New Mexico as a technology conference center;

M. promote and market federal and state technology commercialization programs;

N. develop and implement enhanced statewide procurement programs;

O. provide support and assistance in the creation and operation of development finance mechanisms such as business development corporations to ensure capital availability for business expansion and economic diversification; and

P. serve as the lead agency in coordination of the census program at the state data center.

SECTION 12. [NEW MATERIAL] ADDITIONAL TOURISM PROMOTION DUTIES.--The department shall:

A. provide a coordinated statewide perspective with regard to tourism activities;

B. work with and provide staff support to the economic development and tourism commission in formulating and implementing the state's five-year tourism plan;

C. provide a database for local and regional tourism groups and serve as a comprehensive source of information and assistance to tourism-related businesses wishing to locate, expand or do business in New Mexico;

D. monitor the progress of state-supported tourism activities and prepare annual reports of those activities and their status and impact; and

E. maintain and update records on the status of all completed and ongoing tourism-related projects of the department.

SECTION 13. [NEW MATERIAL] ADDITIONAL DUTIES--INDIAN ARTS, CRAFTS AND CULTURE--PROMOTION.--The department shall:

A. encourage the preservation and development of Indian arts and crafts among the Indian nations, tribes and pueblos of the state to increase the knowledge and appreciation of those arts and crafts;

B. encourage the preservation of traditional rites and ceremonials of Indian nations, tribes and pueblos to increase knowledge and appreciation of those rites and ceremonials; and

C. promote the intertribal ceremonial.

SECTION 14. [NEW MATERIAL] ADDITIONAL DUTIES--DEFENSE CONVERSION TECHNOLOGY AND OTHER TECHNOLOGY.--

A. The department is the lead agency to promote defense conversion technology, to coordinate the transfer of defense technology and other technology from federal, state and local government facilities to private sector industries and to promote private-public partnership and business development programs. The department shall coordinate or accept federal and state funds appropriated for conversion of defense technologies and to coordinate technology transfer in accordance with the state's technology development plan.

B. The department may contract with appropriate partnership intermediaries to assist in the coordination of defense conversion duties.

C. The department shall:

(1) oversee the activities of the manufacturing productivity center and manufacturing extension programs;

(2) coordinate the activities of small business incubators to encourage the development and viability of technology spin-off companies in the private sector;

(3) coordinate appropriate divisions in the department to provide technology export assistance;

(4) coordinate small business development and assistance programs for new and existing businesses;

(5) work with appropriate entities to identify sources of funding for capital expenditure programs and initial venture programs;

(6) coordinate the development of regional technology clusters; and

(7) provide support and coordination assistance as deemed necessary by the economic development and tourism commission and the secretary to assist the state in developing defense conversion industries.

SECTION 15. [NEW MATERIAL] DEPARTMENT COOPERATION WITH LOCAL AND REGIONAL ECONOMIC DEVELOPMENT AGENCIES.--The department shall cooperate with local and regional development agencies, including:

A. coordinating activities of the department and local or regional development agencies;

B. assisting in gathering information on local and regional assets;

C. assisting in the establishment of procedures for handling potential clients;

D. assisting in the development of a plan for the expansion of the local or regional economic base;

E. assisting in marketing the benefits of local communities by providing matching funds through the state cooperative advertising program, which shall include as eligible expenses travel and related costs to attract new business investment into the communities;

F. assisting in the establishment of programs to attract new labor forces or to train local labor forces; and

G. identifying barriers to local or regional economic development and developing plans to overcome such barriers.

SECTION 16. [NEW MATERIAL] ADMINISTRATIVE SERVICES DIVISION.--

A. The administrative services division shall provide administrative services to the department, including:

(1) keeping all official records of the department and administratively attached agencies; and

(2) providing personnel administration, financial management, procurement and budget preparation services for the department and administratively attached agencies.

B. The division shall, in addition to its other duties, administer programs and grants that have been assigned generally to the department by the governor or the economic development and tourism commission or by statute.

SECTION 17. [NEW MATERIAL] TOURISM ENTERPRISE FUND--CREATED--ADMINISTRATION.--The "tourism enterprise fund" is created as a nonreverting fund in the state treasury. Money appropriated to the fund or accruing to it through sales of souvenirs and sundries at visitor centers, web-site-related sales, television special program rights, gifts, grants, fees, bequests or any other source shall be delivered to the state treasurer and deposited in the fund. The fund shall be administered by the department, and money in the fund is appropriated to the department to carry out the duties of the department. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of commerce.

SECTION 18. [NEW MATERIAL] ECONOMIC DEVELOPMENT DIVISION.--

A. The economic development division shall:

(1) enhance the business climate to encourage the start-up, relocation, development and growth of technology- based industry in New Mexico;

(2) promote an expanded, diversified technology-based economy, emphasizing areas that:

(a) derive from the state's technological strengths;

(b) provide a commercial advantage; and

(3) support in-state industries and attract new industries to New Mexico;

(4) formulate and submit to the economic development and tourism commission a five-year state technology development plan;

(5) develop agreements with federal research, development, testing and evaluating organizations and universities to facilitate the transfer and commercialization of technology;

(6) recommend to the secretary proposed projects and contracts in accordance with the policies, procedures and guidelines established by the department;

(7) subject to the approval of the secretary, apply for and accept any federal funds or grants and private donations;

(8) develop requests for proposals in technology commercialization areas given priority in the state's economic development and tourism plans; receive and refer with commentary to the secretary proposals submitted in response to requests for proposals; confer with research investigators to assist them when needed; monitor progress on state-funded research and development projects; maintain contact with research and development offices of universities, federal laboratories and private research operations; and receive reports of individual projects;

(9) prepare an annual report on:

(a) the status of ongoing research and development projects;

(b) the results obtained from completed projects and the dissemination of those results; and

(10) maintain and update records on the status of all completed and ongoing projects;

(11) request from each entity under contract with the division a detailed description of tasks and associated budgets for review and approval by the economic development and tourism commission; and

(12) perform such other duties as assigned by the secretary.

B. Any information obtained by the economic development division that is deemed by the director and the secretary to be proprietary technical or business information shall be held in confidence. Proprietary technical or business information shall not be deemed a public record under the Public Records Act or be open to inspection under Section 14-2-1 NMSA 1978. The economic development division shall take such steps as are necessary to safeguard the confidentiality of the information.

C. Notwithstanding Sections 10-15-1 through 10-15-4 NMSA 1978 or any other law requiring meetings of public bodies to be open to the public, meetings of the economic development and tourism commission shall be closed when proprietary technical or business information is discussed.

SECTION 19. [NEW MATERIAL] ENTERPRISE DEVELOPMENT BUREAU DUTIES--BUSINESS INCUBATORS.--

A. The enterprise development bureau of the economic development division shall:

(1) provide information and assistance to businesses wishing to relocate to New Mexico or to expand within New Mexico by providing a centralized information service and assistance center;

(2) develop and maintain a comprehensive statewide business information database and referral service;

(3) establish a mechanism for advertising the existence of the bureau and its referral service;

(4) provide professional assistance and information regarding licensing, permitting and taxation procedures; and

(5) establish a reporting procedure to monitor the success of the referral service.

B. Business incubators receiving state funds shall be required to pass a state incubator certification program administered by the bureau. The bureau shall certify business incubators that submit documentation to the bureau that the incubator has:

(1) a mission statement that defines the incubator's role to assist entrepreneurs and support the growth of businesses;

(2) a formal feasibility study indicating an appropriate market and local community support and a business plan;

(3) an effective governing board or an appropriate oversight advisory board committed to the incubator's mission;

(4) qualified management and staff to achieve the mission of the incubator and to help businesses;

(5) an ongoing business assistance program that places the greatest value on client assistance and adds value to client businesses by developing programs and coordinating activities such as:

(a) technical assistance and consulting;

(b) coaching and mentoring, business training workshops and seminars;

(d) fostering networking opportunities and links with other business service providers; and

(e) providing assistance in obtaining financing;

(6) a facility that encourages innovation and provides dedicated space for incubator client firms with flexible leases and that includes a common area meeting space and business equipment;

(7) a process for client businesses that involves a screening and selection process and graduation policy for client companies;

(8) a system for program evaluation;

(9) all applicable required licenses and permits and a functional accounting system; and

(10) membership in the national business incubation association.

SECTION 20. [NEW MATERIAL] ARTISANS BUSINESS DEVELOPMENT PROGRAM--FUND CREATED.--

A. The "New Mexico artisans business development program" is created within the economic development division to promote, in conjunction with the arts division of the cultural affairs department, the New Mexico artisans industry by establishing a greater demand for New Mexico artisans' wares and by providing technical and marketing assistance to New Mexico artisans. The purposes of the program include:

(1) educational workshops and seminars in cooperation with the small business development centers for artisans to assist the centers in the development of their businesses and marketing of their wares;

(2) an assessment of a full range of marketing strategies for artisan wares and relating those wares to target markets;

(3) production of a promotional brochure of New Mexico artisans and their products;

(4) development and publishing of a marketing catalog of New Mexico artisans;

(5) establishment of a network of state and national distribution points and gift and trade shows for the promotion and export of New Mexico artisans' wares;

(6) development of a state and national marketing and exhibitions calendar;

(7) participation in state and national promotional shows by New Mexico artisans; and

(8) development of a marketing network with private-sector distributors, catalog producers and retailers.

B. The "New Mexico artisans business development fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations and income from investment of the fund. The fund shall be administered by the enterprise development bureau, and expenditures may be made from the fund on warrants issued by the secretary of finance and administration pursuant to vouchers signed by the secretary of commerce and economic development to carry out the purposes of the New Mexico artisans business development program.

SECTION 21. [NEW MATERIAL] TECHNOLOGY-BASED PROPOSALS--STATE MATCH FUND--CREATED.--

A. The "state match fund" is created in the state treasury. Money in the fund is appropriated to the department to provide a pool of matching funds for technology-based proposals submitted to the federal government on behalf of the state. Money in the fund shall only be expended upon review and approval of the economic development and tourism commission.

B. No money in the fund appropriated to it or accruing to it in any manner shall be transferred to another fund or encumbered or dispersed in any manner except for the purposes set forth in this section. Disbursements from the fund shall only be made upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of commerce or the secretary's authorized representative.

SECTION 22. [NEW MATERIAL] INTERNATIONAL TRADE BUREAU DUTIES.--The international trade bureau is responsible for conducting and coordinating the state's relations with other countries and promoting New Mexico and its products and services. The bureau shall:

A. coordinate activities of the department and other state agencies as those activities relate to improving New Mexico's relations and trade with other countries;

B. promote New Mexico to international investors;

C. promote New Mexico products and services to potential international consumers;

D. establish a central registry for New Mexico products and services;

E. develop, maintain and use a database of potential domestic and international investors and consumers for New Mexico and its products and services;

F. foster, coordinate and support private efforts in the promotion of New Mexico and its businesses, products and services to consumers in other countries; and

G. work with persons outside of state government to formulate a trade promotion plan for inclusion in the department's five-year economic development and tourism plans.

SECTION 23. [NEW MATERIAL] MEXICAN TRADE--INTERNATIONAL TRADE BUREAU DUTIES.--The international trade bureau is responsible for:

A. conducting and coordinating the state's relations with the Republic of Mexico and the state of Chihuahua;

B. promoting New Mexico products and services in Mexico;

C. coordinating activities of the department, the cultural affairs department, the department of transportation, the department of health, the department of environment, the department of public safety, the New Mexico-Chihuahua commission and the joint border research institute at New Mexico state university as those activities relate to improving New Mexico-Mexico relations and trade and encouraging or funding appropriate border development;

D. establishing and annually updating the New Mexico trade registry of New Mexico businesses and the products and services they offer to consumers; and

E. providing periodic reports to the New Mexico finance authority oversight committee on its activities and the activities of the state pertaining to New Mexico-Mexico relations, trade and border development.

SECTION 24. [NEW MATERIAL] MINORITY BUSINESS ASSISTANCE--ECONOMIC DEVELOPMENT DIVISION DUTIES.--

A. As used in this section, "minority business" means a business, with its principal place of business in New Mexico:

(1) the majority ownership of which is held by persons who are residents of New Mexico and who are African Americans, Hispanic Americans, Asian Americans or Native Americans; and

(2) that employs twenty or fewer people.

B. The economic development division shall develop and implement a minority business assistance program to facilitate the entrance of minority businesses, located throughout the state, into the marketplace. As part of the development and implementation of the program, the division shall:

(1) develop a process to define and identify minority businesses that may benefit from additional assistance and training in the areas of general business practices, accounting principles, business ethics, technical expertise, marketing and government procurement;

(2) develop a registry of well-established businesses, persons within those businesses, retirees and other persons that have the expertise and skills that may be needed by minority businesses and that have expressed a desire to volunteer as a mentor or otherwise to assist minority businesses;

(3) develop an outreach and marketing program so that minority businesses may become aware of the assistance available and so that needed, experienced persons are aware of the opportunity to mentor and assist minority businesses;

(4) develop training materials and in-house training expertise; and

(5) create a mentorship program in which employees or agents of the division or department or volunteers with business experience will visit minority businesses for the purpose of training, mentoring, advising and otherwise assisting the minority businesses in the development or improvement of general business practices, accounting principles, business ethics, technical expertise, marketing and government procurement.

C. In performing its duties pursuant to this section, the division may:

(1) to the extent money has been appropriated for such purposes, develop a grant program for minority businesses to acquire the expertise necessary to compete effectively; and

(2) do all other things necessary and proper to effectuate the purpose of this section.

D. All state agencies shall cooperate with the division in carrying out the provisions of this section and shall, as the opportunity arises, assist minority businesses and encourage other businesses and persons to register as volunteers pursuant to this section.

SECTION 25. [NEW MATERIAL] MINORITY BUSINESS ASSISTANCE FUND--CREATED.--The "minority business assistance fund" is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants, donations, bequests and income from investment of the fund. Money in the fund is subject to appropriation by the legislature to the department for the purposes of carrying out the provisions of Section 25 of the Commerce Department Act. Disbursements from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of commerce or the secretary's designee.

SECTION 26. Section 3-60B-4 NMSA 1978 (being Laws 1985, Chapter 88, Section 4, as amended) is amended to read:

"3-60B-4. MAIN STREET PROGRAM--CREATED--COORDINATOR--POWERS AND DUTIES.--

A. [There is created] The "main street program" is created in the [economic development] commerce department. The secretary of [the economic development department] commerce shall employ a "coordinator" to oversee the program.

B. The coordinator shall:

(1) carry out state responsibilities pursuant to contract with the national main street center of the national trust for historic preservation;

(2) coordinate activities of the program in consultation with the historic preservation division of the [office of] cultural affairs department;

(3) advise the New Mexico community development council on the development of criteria for requests for proposals and selection of local government grantees for the program to be funded through community development block grants;

(4) monitor the progress of main street projects;

(5) assist local main street project managers; and

(6) perform other duties necessary to carry out the provisions of the Main Street Act."

SECTION 27. Section 3-60C-4 NMSA 1978 (being Laws 2007, Chapter 103, Section 4, as amended) is amended to read:

"3-60C-4. MAIN STREET REVOLVING LOAN COMMITTEE--COMMITTEE AND DIVISION DUTIES.--

A. The "main street revolving loan committee" is created, consisting of six members as follows:

(1) the director of the division or the director's designee;

(2) the coordinator of the main street program under the Main Street Act or the coordinator's designee;

(3) the chair of the cultural properties review committee or the chair's designee;

(4) the director of the local government division of the department of finance and administration or the director's designee;

(5) a member appointed by the governor with expertise in small loans; and

(6) the chair of the board of directors of friends of New Mexico mainstreet, inc., or the chair's designee.

B. [Public] Members of the committee shall not [be paid but shall be reimbursed for] receive per diem and mileage [pursuant to the Per Diem and Mileage Act] or other compensation for their services.

C. The committee shall:

(1) elect a chair and such other officers as it deems necessary;

(2) meet at the call of the chair but no less than four times per year;

(3) by rule establish eligibility criteria for properties and owners, establish procedures to govern the application outreach and marketing of the loan program and promulgate such other rules as are necessary to carry out the provisions of the Main Street Revolving Loan Act;

(4) after considering the recommendations of the division, make awards of loans or loan subsidies; and

(5) approve expenditures by the division for marketing, managing and administering the loan program.

D. A member of the committee may participate in a meeting of the committee by means of a conference telephone or other similar communications equipment as provided in the Open Meetings Act. Participation by conference telephone or other similar communications equipment shall constitute presence in person at a meeting.

E. The division shall:

(1) review applications for loans and loan subsidies and make recommendations to the committee;

(2) administer all loans and loan subsidies;

(3) serve as staff to the committee; and

(4) report annually to the governor, the legislative finance committee and the legislature on loans made, loan payments received and all other activities conducted pursuant to the Main Street Revolving Loan Act."

SECTION 28. Section 5-10-1 NMSA 1978 (being Laws 1993, Chapter 297, Section 1) is amended to read:

"5-10-1. SHORT TITLE.--[This act] Chapter 5, Article 10 NMSA 1978 may be cited as the "Local Economic Development Act"."

SECTION 29. Section 5-10-3 NMSA 1978 (being Laws 1993, Chapter 297, Section 3, as amended) is amended to read:

"5-10-3. DEFINITIONS.--As used in the Local Economic Development Act:

A. "arts and cultural district" means a developed district of public and private uses that is created pursuant to the Arts and Cultural District Act;

B. "cultural facility" means a facility that is owned by the state, a county, a municipality or a qualifying entity that serves the public through preserving, educating and promoting the arts and culture of a particular locale, including theaters, museums, libraries, galleries, cultural compounds, educational organizations, performing arts venues and organizations, fine arts organizations, studios and media laboratories and live-work housing facilities;

C. "department" means the [economic development] commerce department;

D. "economic development project" or "project" means the provision of direct or indirect assistance to a qualifying entity by a local or regional government and includes the purchase, lease, grant, construction, reconstruction, improvement or other acquisition or conveyance of land, buildings or other infrastructure; public works improvements essential to the location or expansion of a qualifying entity; payments for professional services contracts necessary for local or regional governments to implement a plan or project; the provision of direct loans or grants for land, buildings or infrastructure; technical assistance to cultural facilities; loan guarantees securing the cost of land, buildings or infrastructure in an amount not to exceed the revenue that may be derived from the municipal infrastructure gross receipts tax or the county infrastructure gross receipts tax; grants for public works infrastructure improvements essential to the location or expansion of a qualifying entity; grants or subsidies to cultural facilities; purchase of land for a publicly held industrial park or a publicly owned cultural facility; and the construction of a building for use by a qualifying entity;

E. "governing body" means the city council, city commission or board of trustees of a municipality or the board of county commissioners of a county;

F. "local government" means a municipality or county;

G. "municipality" means an incorporated city, town or village;

H. "person" means an individual, corporation, association, partnership or other legal entity;

I. "qualifying entity" means a corporation, limited liability company, partnership, joint venture, syndicate, association or other person that is one or a combination of two or more of the following:

(1) an industry for the manufacturing, processing or assembling of agricultural or manufactured products;

(2) a commercial enterprise for storing, warehousing, distributing or selling products of agriculture, mining or industry, but, other than as provided in Paragraph (5) or (6) of this subsection, not including any enterprise for sale of goods or commodities at retail or for distribution to the public of electricity, gas, water or telephone or other services commonly classified as public utilities;

(3) a business in which all or part of the activities of the business involves the supplying of services to the general public or to governmental agencies or to a specific industry or customer, but, other than as provided in Paragraph (5) of this subsection, not including businesses primarily engaged in the sale of goods or commodities at retail;

(4) an Indian nation, tribe or pueblo or a federally chartered tribal corporation;

(5) a telecommunications sales enterprise that makes the majority of its sales to persons outside New Mexico;

(6) a facility for the direct sales by growers of agricultural products, commonly known as farmers' markets;

(7) a business that is the developer of a metropolitan redevelopment project; and

(8) a cultural facility; and

J. "regional government" means any combination of municipalities and counties that enter into a joint powers agreement to provide for economic development projects pursuant to a plan adopted by all parties to the joint powers agreement."

SECTION 30. Section 6-21-31 NMSA 1978 (being Laws 1992, Chapter 61, Section 31) is amended to read:

"6-21-31. POWERS AND DUTIES.--The New Mexico finance authority oversight committee shall:

A. monitor and oversee the operation of the New Mexico finance authority;

B. meet on a regular basis to receive and review reports from the authority on implementation of the provisions of the New Mexico Finance Authority Act and to review and approve [regulations] rules proposed for adoption pursuant to that act;

C. monitor and provide assistance and advice on the public project financing program of the New Mexico finance authority;

D. oversee and monitor state and local government capital planning and financing and take testimony from state and local officials on state and local capital needs;

E. provide advice and assistance to the New Mexico finance authority and cooperate with the executive branch of state government and local governments on planning, setting priorities for and financing of state and local capital projects;

F. undertake an ongoing examination of the statutes, constitutional provisions, regulations and court decisions governing state and local government capital financing in New Mexico; [and]

G. monitor and provide advice and assistance on border economic development activities, particularly state and local government capital planning and financing of border and port-of-entry capital projects; and

[G.] H. report its findings and recommendations, including recommended legislation or necessary changes, to the governor and to each session of the legislature. The report and proposed legislation shall be made available on or before December 15 each year."

SECTION 31. Section 6-25-3 NMSA 1978 (being Laws 2003, Chapter 349, Section 3, as amended) is amended to read:

"6-25-3. DEFINITIONS.--As used in the Statewide Economic Development Finance Act:

A. "authority" means the New Mexico finance authority;

B. "department" means the [economic development] commerce department;

C. "community development entity" means an entity designed to take advantage of the federal new markets tax credit program;

D. "economic development assistance provisions" means the economic development assistance provisions of Subsection D of Article 9, Section 14 of the constitution of New Mexico;

E. "project revenue bonds" means bonds, notes or other instruments authorized in Section 6-25-7 NMSA 1978 and issued by the authority pursuant to the Statewide Economic Development Finance Act on behalf of eligible entities;

F. "economic development goal" means:

(1) assistance to rural and underserved areas designed to increase business activity;

(2) retention and expansion of existing business enterprises;

(3) attraction of new business enterprises; or

(4) creation and promotion of an environment suitable for the support of start-up and emerging business enterprises within the state;

G. "economic development revolving fund bonds" means bonds, notes or other instruments payable from the fund and issued by the authority pursuant to the Statewide Economic Development Finance Act;

H. "eligible entity" means a for-profit or not-for-profit business enterprise, including a corporation, limited liability company, partnership or other entity, determined by the department to be engaged in an enterprise that serves an economic development goal and is suitable for financing assistance;

I. "federal new markets tax credit program" means the tax credit program codified as Section 45D of the Internal Revenue Code, as that section may be amended or renumbered, and regulations issued pursuant to that section;

J. "financing assistance" means project revenue bonds, loans, loan participations or loan guarantees provided by the authority to or for eligible entities pursuant to the Statewide Economic Development Finance Act;

K. "fund" means the economic development revolving fund;

L. "mortgage" means a mortgage, deed of trust or pledge of any assets as a collateral security;

M. "opt-in agreement" means an agreement entered into between the department and a qualifying county, a school district and, if applicable, a qualifying municipality that provides for county, school district and, if applicable, municipal approval of a project, subject to compliance with all local zoning, permitting and other land use rules, and for payments in lieu of taxes to the qualifying county, school district and, if applicable, qualifying municipality as provided by the Statewide Economic Development Finance Act;

N. "payment in lieu of taxes" means the total annual payment, including any state in-lieu payment, paid as compensation for the tax impact of a project, in an amount negotiated and determined in the opt-in agreement between the department and the qualifying county, the school district and, if applicable, the qualifying municipality, which payment shall be distributed to the county, municipality and school district in the same proportion as property tax revenues are normally distributed to those recipients;

O. "standard project" means land, buildings, improvements, machinery and equipment, operating capital and other personal property for which financing assistance is provided for adequate consideration, taking into account the anticipated quantifiable benefits of the standard project, for use by an eligible entity as:

(1) industrial or manufacturing facilities;

(2) commercial facilities, including facilities for wholesale sales and services;

(3) health care facilities, including hospitals, clinics, laboratory facilities and related office facilities;

(4) educational facilities, including schools;

(5) arts, entertainment or cultural facilities, including museums, theaters, arenas or assembly halls; and

(6) recreational and tourism facilities, including parks, pools, trails, open space and equestrian facilities;

P. "project" means a standard project or a state project;

Q. "qualifying municipality or county" means a municipality or county that enters into an opt-in agreement;

R. "quantifiable benefits" means a project's advancement of an economic development goal as measured by a variety of factors, including:

(1) the benefits an eligible entity contracts to provide, such as local hiring quotas, job training commitments and installation of public facilities or infrastructure; and

(2) other benefits such as the total number of direct and indirect jobs created by the project, total amount of annual salaries to be paid as a result of the project, total gross receipts and occupancy tax collections, total property tax collections, total state corporate and personal income tax collections and other fee and revenue collections resulting from the project;

S. "school district" means a school district where a project is located that is exempt from property taxes pursuant to the Statewide Economic Development Finance Act;

T. "state in-lieu payment" means an annual payment, in an amount determined by the department, that will be distributed to a qualifying county, a school district and, if applicable, a qualifying municipality in the same proportion as property tax revenues are normally distributed to those recipients;

U. "state project" means land, buildings or infrastructure for facilities to support new or expanding eligible entities for which financing assistance is provided pursuant to the economic development assistance provisions; and

V. "tax impact of a project" means the annual reduction in property tax revenue to affected property tax revenue recipients directly resulting from the conveyance of a project to the department."

SECTION 32. Section 12-13A-1 NMSA 1978 (being Laws 2003, Chapter 9, Section 1) is amended to read:

"12-13A-1. SHORT TITLE.--[This act] Chapter 12, Article 13A NMSA 1978 may be cited as the "New Mexico-Chihuahua Commission Act"."

SECTION 33. Section 12-13A-4 NMSA 1978 (being Laws 2003, Chapter 9, Section 4) is amended to read:

"12-13A-4. NEW MEXICO-CHIHUAHUA COMMISSION CREATED--MEMBERS--ADMINISTRATION.--

A. The "New Mexico-Chihuahua commission" is created and is administratively attached to the [economic development] commerce department.

B. The members of the commission representing New Mexico shall be:

(1) the governor of New Mexico;

(2) the secretary of [economic development] commerce;

[(3) the secretary of tourism;

(4)] (3) other state officials as assigned by the governor; and

[(5)] (4) no more than ten members of the public appointed by the governor of New Mexico.

C. The members of the commission representing Chihuahua shall be appointed or assigned according to the customary procedure of the executive branch of the government of that state.

D. The [economic development] commerce department shall provide administrative assistance to the commission as needed.

E. The [economic development] commerce department shall keep records of commission proceedings.

F. The co-chairs of the commission shall be the governors of New Mexico and Chihuahua.

G. Meetings of the commission shall be at the call of the co-chairs or pursuant to the request of a majority of the members of the commission.

H. Terms for public members of the commission appointed by the governor of New Mexico shall be for two years with reappointment to additional terms at the discretion of the governor.

I. A vacancy in a term of a commission member representing New Mexico shall be filled by appointment by the governor of New Mexico for the remainder of the term of the position vacated.

J. The public members of the commission appointed by the governor of New Mexico shall not receive per diem and mileage [pursuant to the Per Diem and Mileage Act] or other compensation for performance of official duties required by the commission [and shall receive no other compensation, perquisite or allowance]."

SECTION 34. Section 12-13B-1 NMSA 1978 (being Laws 2009, Chapter 108, Section 1) is amended to read:

"12-13B-1. SHORT TITLE.--[This act] Chapter 12, Article 13B NMSA 1978 may be cited as the "New Mexico-Sonora Commission Act"."

SECTION 35. Section 12-13B-3 NMSA 1978 (being Laws 2009, Chapter 108, Section 3) is amended to read:

"12-13B-3. NEW MEXICO-SONORA COMMISSION CREATED--MEMBERS--ADMINISTRATION.--

A. The "New Mexico-Sonora commission" is created and is administratively attached to the [economic development] commerce department.

B. The members of the commission representing New Mexico shall be:

(1) the governor of New Mexico;

(2) the secretary of [economic development] commerce;

[(3) the secretary of tourism;

(4)] (3) other state officials as assigned by the governor; and

[(5)] (4) no more than nine members of the public appointed by the governor of New Mexico.

C. The members of the commission representing Sonora shall be appointed or assigned according to regulations and procedures governing commissions in that state.

D. The [economic development] commerce department shall provide administrative assistance to the commission as needed.

E. The [economic development] commerce department shall keep a record of commission proceedings.

F. The co-chairs of the commission shall be the governors of New Mexico and Sonora.

G. Meetings of the commission shall be at the call of the co-chairs or pursuant to the request of a majority of the members of the commission.

H. Terms for public members of the commission appointed by the governor of New Mexico shall be for two years with reappointment to additional terms at the discretion of the governor.

I. A vacancy in a term of a commission member representing New Mexico shall be filled by appointment by the governor of New Mexico for the remainder of the term of the position vacated.

SECTION 36. Section 16-6-5 NMSA 1978 (being Laws 1977, Chapter 245, Section 18, as amended) is amended to read:

"16-6-5. STATE FAIR COMMISSION ADMINISTRATIVELY ATTACHED TO [TOURISM] COMMERCE DEPARTMENT.--The state fair commission is administratively attached [as defined in the Executive Reorganization Act] to the [tourism] commerce department."

SECTION 37. Section 9-15-48 NMSA 1978 (being Laws 2003, Chapter 166, Section 1 and Laws 2003, Chapter 170, Section 1, as amended) is recompiled in Chapter 20 NMSA 1978 and is amended to read:

"OFFICE OF MILITARY BASE PLANNING AND SUPPORT CREATED--DUTIES.--

A. The "office of military base planning and support" is created, which is administratively attached to the [economic development] commerce department. The department shall provide administrative services to the office.

B. The governor's homeland security adviser shall appoint a director of the office of military base planning and support.

C. The director of the office of military base planning and support shall:

(1) employ, under the authorization of the governor's homeland security adviser, the staff necessary to carry out the work of the office of military base planning and support and the military base planning commission;

(2) support the commission;

(3) inform the governor and the governor's homeland security adviser about issues [impacting] affecting the military bases in the state, including infrastructure requirements, environmental needs, military force structure possibilities, tax implications, property considerations and issues requiring coordination and support from other state agencies;

(4) serve as a liaison with the community organizations whose purpose is to support the long-term viability of the military bases;

(5) communicate with the staff of the state's congressional delegation; and

(6) identify issues, prepare information and provide for presentations necessary for the commission to carry out its duties."

SECTION 38. Section 9-15-49 NMSA 1978 (being Laws 2003, Chapter 166, Section 2 and Laws 2003, Chapter 170, Section 2, as amended) is recompiled in Chapter 20 NMSA 1978 and is amended to read:

"MILITARY BASE PLANNING COMMISSION CREATED--COMPOSITION.--

A. The "military base planning commission" is created, which is administratively attached to the [economic development] commerce department. The department shall provide administrative services to the commission.

B. The commission consists of seventeen members, fifteen of [which] whom are appointed by the governor with the advice and consent of the senate. The commission shall include the lieutenant governor, the governor's homeland security adviser and appropriate representatives from the counties, or adjoining counties, in which military bases are located.

C. The governor shall appoint a chair from among the members of the commission. The commission shall meet at the call of the chair and shall meet not less than quarterly. Members of the commission shall not be paid but shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act.

D. Notwithstanding the provisions of the Open Meetings Act, meetings of the commission shall be closed to the public when proprietary alternative New Mexico military base realignment or closure strategies or any information regarding relocation of military units is discussed.

E. Information developed or obtained by the commission that pertains to proprietary commission strategies or that is related to the relocation of military units shall be confidential and not subject to inspection pursuant to the Inspection of Public Records Act."

SECTION 39. Section 21-2-6 NMSA 1978 (being Laws 1978, Chapter 54, Section 1, as amended) is amended to read:

"21-2-6. STATEWIDE PLANNING--PARTICIPATING AGENCIES AND PERSONS.--

A. The [state commission] higher education department in carrying out its planning activities for post-secondary education shall consult with and invite the active participation of:

(1) representatives of post-secondary educational institutions of the several types enumerated in Paragraph (2) of Subsection A of Section 21-2-2 NMSA 1978;

(2) the public education commission;

(3) the public education department;

(4) representatives of public and private elementary and secondary schools;

(5) the secretary of [labor] workforce solutions;

(6) the [tourism department] secretary of commerce;

(7) the apprenticeship council;

[(8) the economic development department;

(9)] (8) the state advisory council on vocational education;

[(10)] (9) the secretary of finance and administration or the secretary's designee;

[(11)] (10) persons familiar with the education needs of persons with a disability and persons disadvantaged by economic, racial or ethnic status;

[(12)] (11) representatives of business, industry, organized labor and agriculture;

[(13)] (12) the general public; and

[(14)] (13) private in-state post-secondary institutions.

B. Whenever the planning activities carried out under the provisions of Section 21-2-5 NMSA 1978 are concerned with the types of post-secondary education enumerated in Subparagraphs (a) through (e) of Paragraph (1) of Subsection A of Section 21-2-2 NMSA 1978, the [state commission] commerce department shall directly involve the public education commission and the public education department in all planning activities."

SECTION 40. Section 21-19-10 NMSA 1978 (being Laws 1983, Chapter 299, Section 4, as amended) is amended to read:

"21-19-10. COMMUNITY DEVELOPMENT ASSISTANCE.--The [economic development] commerce department shall provide assistance to political subdivisions of the state so that they can construct or implement projects necessary to provide services that will encourage the location of industry in the political subdivisions. The department shall, for this purpose, make low-interest loans to political subdivisions of the state with the approval of the economic development and tourism commission and after coordination with the local government division of the department of finance and administration pursuant to the New Mexico Community Assistance Act."

SECTION 41. Section 53-7B-1 NMSA 1978 (being Laws 2009, Chapter 66, Section 1) is amended to read:

"53-7B-1. SHORT TITLE.--[Sections 1 through 10 of this act] Chapter 53, Article 7B NMSA 1978 may be cited as the "New Mexico Research Applications Act"."

SECTION 42. Section 53-7B-3 NMSA 1978 (being Laws 2009, Chapter 66, Section 3) is amended to read:

"53-7B-3. DEFINITIONS.--As used in the New Mexico Research Applications Act:

A. "board" means the board of directors of the research applications center;

B. "department" means the [economic development] commerce department;

C. "research applications center" means the nonprofit corporation created pursuant to the Nonprofit Corporation Act and the New Mexico Research Applications Act;

D. "technological innovations" includes research, development, prototype assembly, manufacturing, patenting, licensing, marketing and sale of inventions, ideas, practices, applications, processes, machines and technology and related property rights of all kinds; and

E. "university" means:

(1) a New Mexico educational institution named in Article 12, Section 11 of the constitution of New Mexico;

(2) a community college organized pursuant to the Community College Act or pursuant to Chapter 21, Article 14 NMSA 1978; or

(3) a technical and vocational institute organized pursuant to the Technical and Vocational Institute Act."

SECTION 43. Section 57-3C-1 NMSA 1978 (being Laws 2001, Chapter 346, Section 1) is amended to read:

"57-3C-1. SHORT TITLE.--[This act] Chapter 57, Article 3C NMSA 1978 may be cited as the "Patent and Copyright Act"."

SECTION 44. Section 57-3C-2 NMSA 1978 (being Laws 2001, Chapter 346, Section 2) is amended to read:

"57-3C-2. DEFINITIONS.--As used in the Patent and Copyright Act:

A. "department" means the [economic development] commerce department;

B. "patent" means the grant of certain property rights in an invention, as defined in federal patent laws, to an inventor that includes the right to exclude others from making, using, offering for sale, selling or importing the invention; and

C. "copyright" means the property rights, as defined in federal copyright laws, in original works of authorship."

SECTION 45. Section 58-31-1 NMSA 1978 (being Laws 2005, Chapter 128, Section 1) is amended to read:

"58-31-1. SHORT TITLE.--[This act] Chapter 58, Article 31 NMSA 1978 may be cited as the "Spaceport Development Act"."

SECTION 46. Section 58-31-4 NMSA 1978 (being Laws 2005, Chapter 128, Section 4) is amended to read:

"58-31-4. SPACEPORT AUTHORITY CREATED--MEMBERSHIP.--

A. The "spaceport authority" is created. The authority is a state agency and is administratively attached to the [economic development] commerce department.

B. The authority shall consist of seven voting and [two] one nonvoting members, six of whom shall be appointed by the governor with the consent of the senate; provided that one of the appointed members shall be a resident of Sierra county. No more than three appointed members shall belong to the same political party. The seventh member shall be the secretary of [economic development] commerce or the secretary's designee. The lieutenant governor shall serve as a nonvoting ex-officio member. [The executive director of the authority shall serve as a nonvoting member.] The chair may appoint a nonvoting advisory committee to provide advice and recommendations on authority matters.

C. The members appointed by the governor shall be residents of the state and shall serve for terms of four years, except for the initial appointees who shall be appointed so that the terms are staggered after initial appointment. Initial appointees shall serve terms as follows: two members for two years, two members for three years and two members for four years.

D. Appointed voting members of the authority [shall] are entitled to be reimbursed for per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act that apply to [nonsalaried public officers, unless a different provision of that act applies to a specific member, in which case that member shall be paid under the applicable provision] state employees. Members and advisors shall receive no other compensation, perquisite or allowance for serving as a member of or advisor to the authority.

E. The secretary of [economic development] commerce or the secretary's designee shall serve as the chair of the authority. Authority members shall elect any other officers from the membership that the authority determines appropriate.

F. The chair, four other authority voting members appointed by the chair and the executive director of the authority shall constitute the spaceport authority executive committee. The committee shall have powers and duties as delegated to it by the authority.

G. If a vacancy occurs among the appointed voting members of the authority, the governor shall appoint a replacement to serve out the term of the former member. If an appointed member's term expires, the member shall continue to serve until the member is reappointed or another person is appointed and [confirmed by the senate to replace the member] qualified.

H. The authority shall meet at the call of the chair and shall meet in regular session at least once every three months.

I. The authority shall maintain written minutes of all meetings of the authority and maintain other appropriate records, including financial transaction records in compliance with law and adequate to provide an accurate record for audit purposes pursuant to the Audit Act."

SECTION 47. Section 67-16-1 NMSA 1978 (being Laws 1985, Chapter 23, Section 1) is amended to read:

"67-16-1. SHORT TITLE.--[This act] Chapter 67, Article 16 NMSA 1978 may be cited as the "Litter Control and Beautification Act"."

SECTION 48. Section 67-16-3 NMSA 1978 (being Laws 1985, Chapter 23, Section 3, as amended) is amended to read:

"67-16-3. DEFINITIONS.--As used in the Litter Control and Beautification Act:

A. "keep America beautiful system" means a comprehensive program to improve waste handling practices and the control of litter;

B. "keep New Mexico beautiful, incorporated" is the statewide organization that is the official clearinghouse for beautification projects in the state;

[C. "council" means the litter control council;

D.] C. "department" means the [tourism] commerce department;

[E.] D. "litter" means weeds, graffiti and all waste material, including disposable packages or containers, but not including the waste of the primary processes of mining, logging, sawmilling or farming;

[F.] E. "person" means an individual, corporation, partnership, association, firm, receiver, guardian, trustee, executor, administrator, fiduciary or representative or group of individuals or entities of any kind;

[G.] F. "public place" means an area that is used or held out for use by the public, whether owned or operated by public or private interests; and

[H.] G. "recycling" means the collection, separation or processing and return to the economic mainstream of raw materials or products that would otherwise become solid waste."

SECTION 49. Section 67-16-5 NMSA 1978 (being Laws 1985, Chapter 23, Section 5) is amended to read:

"67-16-5. LITTER CONTROL COORDINATOR.--The department shall appoint a litter control coordinator to coordinate [the activities of the council within three months after the effective date of the Litter Control and Beautification Act] state and local beautification efforts."

SECTION 50. Section 67-16-7 NMSA 1978 (being Laws 1989, Chapter 10, Section 4) is amended to read:

"67-16-7. MEASUREMENT AND EVALUATION.--The department shall document and report on an annual basis the effectiveness and impact of [council-sponsored] department-sponsored litter control and beautification programs through the following:

A. evaluate and report on all governmental entities and keep New Mexico beautiful, incorporated projects and activities funded by the [council] department. The photometric index technique shall be a part of this report in communities where appropriate and available;

B. evaluate and report on the placement and management of litter receptacles placed on state property as funded by the Litter Control and Beautification Act; and

C. investigate and report on the feasibility, appropriateness and cost of a statewide photometric index or other technique for the evaluation of highway litter."

SECTION 51. Section 67-16-10 NMSA 1978 (being Laws 1985, Chapter 23, Section 10, as amended) is amended to read:

"67-16-10. LITTER BAG.--The [council] department shall design and produce a litter bag bearing the state anti-litter symbol, Dusty Roadrunner, and a statement of the penalties prescribed for littering. Litter bags shall be distributed by the motor vehicle division of the taxation and revenue department and the department of game and fish at no charge at the time and place of the issuance of licenses or renewal thereof. The state may provide litter bags at no charge to tourists and visitors at points of entry into the state. The [council] department may establish a distribution system with the aid of private industry."

SECTION 52. Section 67-16-12 NMSA 1978 (being Laws 1985, Chapter 23, Section 12, as amended) is amended to read:

"67-16-12. FURTHER DUTIES OF DEPARTMENT.--

A. The department shall:

(1) serve as the coordinating agency between various industry and business organizations seeking to aid in the anti-litter effort;

(2) cooperate with all local governments to accomplish coordination of local anti-litter efforts;

(3) encourage voluntary local anti-litter campaigns seeking to focus the attention of the public on programs to control and remove litter;

(4) encourage voluntary recycling programs and aid in identifying programs and available markets for recycled materials;

(5) apply for funds available from any other source for use in the administration of the Litter Control and Beautification Act;

(6) adopt rules to enter into contracts for making either direct or matching grants with other state agencies, cities or counties or with an Indian nation, tribe or pueblo government for the purpose of promoting local keep America beautiful system programs; and

(7) aid in the adoption and enforcement of model anti-litter statutes and ordinances and improve state and local litter control programs.

B. The department shall also allocate funds appropriated to it from the litter control and beautification fund according to the following formula:

(1) no more than fifteen percent of the fees received in a year for directly related operating expenses [directly related to the administration of the council], including:

(a) research, development and implementation of a statewide evaluation system;

(b) professional services provided to the state by representatives of keep America beautiful, incorporated; and

(2) no more than twenty percent of the fees received in a year to purchase litter bags and receptacles and to conduct a public awareness and media campaign to include brochures, literature and educational materials, production of public service announcements and other expenses relating to public relations;

(3) no more than fifty percent of the fees received in a year to local governments to establish and help continue local keep America beautiful system programs;

(4) no more than sixty percent of the fees received in a year to local governments to establish a summer youth employment program to aid in litter control and beautification projects; and

(5) no more than ten percent of fees received in a year to keep New Mexico beautiful, incorporated to further beautification and educational programs."

SECTION 53. A new section of the New Mexico-Chihuahua Commission Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--NEW MEXICO-CHIHUAHUA COMMISSION.--The New Mexico-Chihuahua commission is terminated on July 1, 2015 pursuant to the provisions of the Sunset Act unless continued by law. The provisions of the Sunset Act notwithstanding, there is no wind-up period for the commission and the New Mexico-Chihuahua Commission Act is repealed effective July 1, 2015."

SECTION 54. A new section of the New Mexico-Sonora Commission Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--NEW MEXICO-SONORA COMMISSION.--The New Mexico-Sonora commission is terminated on July 1, 2015 pursuant to the provisions of the Sunset Act unless continued by law. The provisions of the Sunset Act notwithstanding, there is no wind-up period for the commission and the New Mexico-Sonora Commission Act is repealed effective July 1, 2015."

SECTION 55. A new section of Chapter 16, Article 16 NMSA 1978 is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--STATE FAIR COMMISSION.--The state fair commission is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of Chapter 16, Article 6 NMSA 1978 until July 1, 2018. Effective July 1, 2018, the state fair commission is repealed."

SECTION 56. A new section of the Spaceport Development Act is enacted to read:

"[NEW MATERIAL] TERMINATION OF AGENCY LIFE--DELAYED REPEAL--SPACEPORT AUTHORITY.--The spaceport authority is terminated on July 1, 2017 pursuant to the provisions of the Sunset Act. The authority shall continue to operate according to the provisions of the Spaceport Development Act until July 1, 2018. Effective July 1, 2018, the Spaceport Development Act is repealed; provided that no action of the legislature shall impair any outstanding bonds or the payments on those bonds."

SECTION 57. TEMPORARY PROVISION--TRANSFERS OF FUNCTIONS, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.--

A. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment and other property of the economic development department, the tourism department and the border authority are transferred to the commerce department.

B. On the effective date of this act, all contractual obligations of the economic development department and the tourism department or any division or other subordinate unit of those departments and the border authority are binding on the commerce department.

C. On the effective date of this act, references in the law to the economic development department or the tourism department or any divisions or other subordinate units of those departments or the border authority shall be deemed to be references to the commerce department unless otherwise specified by law.

D. The rules of the economic development department, the tourism department and the border authority shall be deemed to be rules of the commerce department until amended or repealed by the commerce department.

E. On the effective date of this act, all functions, appropriations, money, records, furniture, equipment and other property of the New Mexico film museum are transferred to the cultural affairs department. All contractual obligations of the New Mexico film museum are binding on the cultural affairs department. All references in law to the museum or the board of trustees shall be deemed to be references to the cultural affairs department.

SECTION 58. RECOMPILATION.--The compiler shall compile:

A. Sections 9-15-50 and 9-15-51 NMSA 1978 (being Laws 2003, Chapter 166, Sections 3 and 4 and Laws 2003, Chapter 170, Sections 3 and 4, as amended) in Chapter 20, NMSA 1978; and

B. Section 9-15-56 NMSA 1978 (being Laws 2010, Chapter 87, Section 1) into the Commerce Department Act.

SECTION 59. REPEAL.--

A. The Economic Development Department Act, Sections 9-15-1 through 9-15-41 and 9-15-52 through 9-15-55 NMSA 1978 (being Laws 1983, Chapter 297, Sections 1 through 4, Laws 2003, Chapter 97, Section 1, Laws 1983, Chapter 297, Sections 5 through 7, Laws 1983, Chapter 296, Section 21, Laws 1983, Chapter 297, Section 10, Laws 1988, Chapter 81, Section 5, Laws 1983, Chapter 297, Sections 12, 14 and 15, Laws 1991, Chapter 21, Sections 21 through 24, Laws 1994, Chapter 113, Section 2, Laws 1988, Chapter 80, Sections 3 and 4, Laws 2005, Chapter 57, Section 1, Laws 1988, Chapter 80, Section 5, Laws 1989, Chapter 205, Sections 1 through 3, Laws 2005, Chapter 67, Section 1, Laws 1991, Chapter 27, Sections 1 and 2, Laws 1993, Chapter 211, Sections 1 through 5 and also Laws 1993, Chapter 216, Sections 1 through 5 and Laws 2007, Chapter 180, Sections 1 through 4, as amended) is repealed.

B. The Tourism Department Act, Sections 9-15A-1 through 9-15A-11 NMSA 1978 (being Laws 1991, Chapter 21, Sections 1 through 4, Laws 2003, Chapter 299, Section 1, Laws 1991, Chapter 21, Sections 5 through 7, Laws 1996, Chapter 25, Section 1, Laws 1993, Chapter 101, Sections 10 and 11, Laws 2007, Chapter 286, Sections 2 and 3 and Laws 2007, Chapter 287, Sections 2 and 3, as amended) is repealed.

C. The Intertribal Ceremonial Act, Sections 9-15C-1 through 9-15C-5 NMSA 1978 (being Laws 2005, Chapter 219, Sections 1 through 5, as amended) is repealed.

D. The Small Business Regulatory Relief Act, Sections 14-4A-1 through 14-4A-6 NMSA 1978 (being Laws 2005, Chapter 244, Sections 1 through 6) is repealed.

E. The New Mexico Film Museum Act, Sections 18-14-1 through 18-14-6 NMSA 1978 (being Laws 2003, Chapter 250, Sections 1 through 6, as amended) is repealed.

F. The Border Development Act, Sections 58-27-1 through 58-27-26 NMSA 1978 (being Laws 1991, Chapter 131, Sections 1 through 10 and 12 through 16, Laws 1993, Chapter 335, Section 4, Laws 1995, Chapter 192, Section 10, Laws 1991, Chapter 131, Sections 17 through 25 and Laws 1995, Chapter 192, Section 21, as amended) is repealed.

G. The litter control council, Section 67-16-4 NMSA 1978 (being Laws 1985, Chapter 23, Section 4, as amended) is repealed.

SECTION 60. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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