SENATE BILL 547
52nd legislature - STATE OF NEW MEXICO - first session, 2015
INTRODUCED BY
Sander Rue
AN ACT
RELATING TO PUBLIC LANDS; ADDING MEMBERS TO THE STATE LAND TRUSTS ADVISORY BOARD; PROVIDING PROCEDURES FOR MEETINGS ON THE EXCHANGE, SALE OR AUCTION OF STATE LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 19-1-1.1 NMSA 1978 (being Laws 1989, Chapter 186, Section 1) is amended to read:
"19-1-1.1. STATE LAND TRUSTS ADVISORY BOARD--MEMBERS--APPOINTMENT--TERMS.--
A. The "state land trusts advisory board" is created. The state land trusts advisory board shall consist of:
(1) seven members appointed by the commissioner [of public lands] with the advice and consent of the senate;
(2) one member appointed by the governor with the advice and consent of the senate;
(3) one member appointed by the speaker of the house of representatives;
(4) one member appointed by the president pro tempore of the senate; and
(5) the secretary of Indian affairs or the secretary's designee.
B. Terms of the initial seven members of the board appointed by the commissioner shall be structured so that three terms shall expire on December 31, 1990, three terms shall expire on December 31, 1992 and one term shall expire on December 31, 1994; thereafter, those commissioners shall be appointed for terms of six years. The initial terms of members appointed by the legislature and governor shall expire on December 31, 2018. Thereafter, commissioners appointed to those positions shall serve terms of six years.
[B.] C. Members of the board appointed by the commissioner shall, as reasonably as possible, represent a geographical balance from across the state and shall be selected as follows:
(1) two members shall represent the beneficiaries of the state land trusts;
(2) one member shall represent the extractive industries;
(3) one member shall represent the agricultural industries;
(4) one member shall represent conservation interests; and
(5) two members shall represent the public at large.
[C.] D. No more than [four] six members of the board shall belong to the same political party.
[D.] E. Members of the board shall be reimbursed as provided in the Per Diem and Mileage Act. These expenses shall be paid from the budget of the commissioner [of public lands]."
SECTION 2. Section 19-1-1.2 NMSA 1978 (being Laws 1989, Chapter 186, Section 2) is amended to read:
"19-1-1.2. STATE LAND TRUSTS ADVISORY BOARD--REMOVAL OF MEMBERS--VACANCIES.--
A. Members of the state land trusts advisory board shall not be removed except for incompetence, neglect of duty or malfeasance in office; provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given to the member. The supreme court is given exclusive jurisdiction over proceedings to remove members of the state land trusts advisory board under rules it may promulgate, and its decision in connection with these matters shall be final.
B. Any vacancy occurring on the state land trusts advisory board of members appointed by the commissioner shall be filled by appointment [of] by the commissioner [of public lands] with the advice and consent of the senate for the remainder of the unexpired term. A vacancy on the board of a member appointed by the legislature or governor shall be filled by the original appointing authority for the remainder of the unexpired term."
SECTION 3. Section 19-1-1.4 NMSA 1978 (being Laws 1989, Chapter 186, Section 4) is amended to read:
"19-1-1.4. STATE LAND TRUSTS ADVISORY BOARD--DUTIES.--
A. The consensus and advice of the state land trusts advisory board are intended to provide a continuity for resource management and to help the commissioner [of public lands] with understanding and maintaining the highest standards for maximizing the income from the trust assets and to protect and maintain the assets and resources of the trust as required by the constitution of New Mexico, the Enabling Act for New Mexico and state statute. To that end, the board shall review the policies and practices of the commissioner [of public lands] and shall advise the commissioner on how such policies and practices affect and achieve those goals.
B. No action of the state land trusts advisory board shall be binding on the commissioner [of public lands] who alone has the constitutional and fiduciary responsibility as trustee for the trusts.
C. The commissioner [of public lands] shall hold at least one meeting per year jointly with the state land trusts advisory board and the administrative head or designee of the beneficiary institutions. At annual beneficiary meetings, the commissioner shall inform and discuss with the representatives of the beneficiaries and the board the plans, goals, objectives, budget, revenue projections, asset management issues and all other pertinent information regarding the state land trusts, including proposed land exchanges, sales or auctions.
D. Prior to entering into an exchange, sale or auction of state lands, the commissioner shall send a notice to the members of the state land trusts advisory board and the appointing authorities. The notice shall describe all lands included in the proposed exchange, sale or auction, explain the perceived benefits and known potential detriments and establish a date not less than thirty days from the notice for a meeting of the state land trusts advisory board. At the meeting of the board held pursuant to the notice, the commissioner shall explain the proposed exchange, sale or auction and the board shall hear comments from interested persons and advise the commissioner on the merits of proceeding with the exchange, sale or auction. The commissioner shall not enter into any agreement for the exchange of state lands without complying with the provisions of this subsection."