HB0258

HOUSE BILL 258

55th legislature - STATE OF NEW MEXICO - first session, 2021

INTRODUCED BY

James R.J. Strickler and Rebecca Dow

AN ACT

RELATING TO EXECUTIVE ORGANIZATION; MOVING THE STATE PARKS DIVISION OF THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO THE TOURISM DEPARTMENT; TRANSFERRING FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY, CONTRACTUAL OBLIGATIONS AND STATUTORY REFERENCES.

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

SECTION 1. Section 9-5A-3 NMSA 1978 (being Laws 1987, Chapter 234, Section 3, as amended by Laws 1997, Chapter 137, Section 1 and also by Laws 1997, Chapter 149, Section 2) is amended to read:

"9-5A-3. DEPARTMENT ESTABLISHED.--

A. [There is created in the executive branch] The "energy, minerals and natural resources department" is created in the executive branch. The department shall be a cabinet department and shall include but not be limited to the following organizational units:

(1) the administrative services division;

[(2) the state parks division;

(3)] (2) the forestry division;

[(4)] (3) the energy conservation and management division;

[(5)] (4) the mining and minerals division; and

[(6)] (5) the oil conservation division.

B. The state game commission is administratively attached to the department."

SECTION 2. Section 9-5A-4 NMSA 1978 (being Laws 1987, Chapter 234, Section 4, as amended by Laws 2016, Chapter 71, Section 12 and by Laws 2016, Chapter 78, Section 12) is amended to read:

"9-5A-4. DIVISIONS--DUTIES.--In addition to the duties assigned to each division of the energy, minerals and natural resources department by the secretary of energy, minerals and natural resources:

A. the administrative services division shall provide clerical, recordkeeping and administrative support to the department in the areas of personnel, budget, procurement and contracting;

B. the energy conservation and management division shall plan, administer, review, provide technical assistance, maintain records, monitor state and federal energy conservation and alternative energy technology programs and administer laws and regulations relating to geothermal resources;

C. the forestry division shall enforce and administer laws and regulations relating to forestry on lands within the state;

D. the mining and minerals division shall enforce and administer laws and regulations relating to mine safety, coal surface mine reclamation and abandoned mine lands reclamation; and

E. the oil conservation division shall administer laws and regulations relating to oil and gas resources, except those laws specifically administered by another authority [and

F. the state parks division shall develop, maintain, manage and supervise all state parks and state-owned or state-leased recreation areas]."

SECTION 3. Section 9-15A-3 NMSA 1978 (being Laws 1991, Chapter 21, Section 3, as amended by Laws 2007, Chapter 286, Section 1 and by Laws 2007, Chapter 287, Section 1) is amended to read:

"9-15A-3. DEPARTMENT ESTABLISHED.--The "tourism department" is created in the executive branch. The department shall be a cabinet department and shall consist of, but not be limited to, [six] seven divisions as follows:

A. the promotion division;

B. the New Mexico magazine division;

C. the sports authority division;

D. the tourism development division;

E. the marketing division; [and]

F. the state parks division; and

[F.] G. the administrative services division."

SECTION 4. Section 9-5A-6.1 NMSA 1978 (being Laws 1997, Chapter 149, Section 3) is recompiled in the Tourism Department Act and is amended to read:

"STATE PARKS DIVISION--DESIGNATION--DUTY.--

A. As used in the NMSA 1978, "state park and recreation division" means the state parks division of the [energy, minerals and natural resources] tourism department.

B. The state parks division shall develop, maintain, manage and supervise all state parks and state-owned or state-leased recreation areas."

SECTION 5. Section 9-5C-1 NMSA 1978 (being Laws 2015, Chapter 20, Section 1) is amended to read:

"9-5C-1. RIO GRANDE TRAIL COMMISSION CREATED--MEMBERSHIP--FUND CREATED--ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT.--

A. The "Rio Grande trail commission" is created to establish the Rio Grande trail to run the length of the state from Colorado to Texas. The Rio Grande trail shall be a recreation trail for New Mexico residents and visitors to enjoy the natural beauty of New Mexico and the Rio Grande and learn about the culture and history of New Mexico. The trail shall be established in a manner that seeks to minimize environmental impacts and preserve sensitive habitat. The commission shall define and recommend viable path routes of the Rio Grande trail, mitigate challenges related to its establishment and define and recommend other features, facilities and enhancements needed on the trail. The commission shall also make recommendations to the legislature as needed and report annually to the governor and the appropriate interim committees that deal with water and natural resources and rural and economic development. The commission shall consist of members appointed by the secretary of energy, minerals and natural resources and shall include:

(1) the secretary of energy, minerals and natural resources or the secretary's designee;

(2) the secretary of economic development or the secretary's designee;

(3) the secretary of Indian affairs or the secretary's designee;

(4) the secretary of transportation or the secretary's designee;

(5) the secretary of tourism or the secretary's designee;

(6) a representative from each of the following:

(a) an organization with trail management experience;

(b) the state parks division of the [energy, minerals and natural resources] tourism department;

(c) an organization that specializes in river ecology and conservation, with specific experience in the stated area of the organization's expertise; and

(d) an organization that specializes in bird ecology and conservation, with specific experience in the stated area of the organization's expertise; and

(7) two members of the public interested in the Rio Grande trail development.

B. The secretary shall appoint the chair from among the members of the commission and invite federal entities to be a part of the commission as non-voting members, including the:

(1) bureau of land management;

(2) bureau of reclamation;

(3) international boundary and water commission;

(4) national park service;

(5) United States army corps of engineers;

(6) United States fish and wildlife service;

(7) United States forest service; and

(8) [the] offices of the New Mexico congressional delegation.

C. The commission shall collaborate and cooperate with the national park service's historic trails project for the El Camino Real historic trail from Mexico to northern New Mexico when appropriate.

D. The commission shall be administratively attached to and staffed by the energy, minerals and natural resources department. Members of the commission are entitled to per diem and mileage as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance, contingent upon money being available for this purpose.

E. The commission shall:

(1) meet at least three times annually;

(2) define and recommend viable path routes of the Rio Grande trail that shall be contiguous where possible and include only land that is expressly authorized by the owner, including Indian nations, tribes or pueblos, for inclusion in the Rio Grande trail and not to be acquired by eminent domain;

(3) mitigate challenges related to the Rio Grande trail's establishment, including facilitating negotiations and discussions with landowners and jurisdictions surrounding the Rio Grande;

(4) define and recommend other features, facilities and enhancements needed on the Rio Grande trail;

(5) identify appropriate opportunities for river recreation along the trail;

(6) establish a Rio Grande trail commission [web site] website to publish meeting notices, meeting minutes, commission trail recommendations and other appropriate materials;

(7) ensure that any recommended designation, construction and use of the trail will minimize environmental impacts;

(8) endeavor to avoid areas of significant habitat value and ensure that any recommended designation, design, construction or use of the trail will minimize the impact on habitat;

(9) consider the impacts on private and commercial interests;

(10) make recommendations to the legislature as needed;

(11) prepare and report annually to the governor and the appropriate interim legislative committees related to water and natural resources and economic development;

(12) consult with representatives of the following regarding issues within their jurisdiction in development of the Rio Grande trail:

(a) each of the conservancy or irrigation districts served by water in the Rio Grande;

(b) acequias adjoining the Rio Grande;

(d) land grants adjoining the Rio Grande;

(e) municipalities adjoining the Rio Grande; and

(f) Indian nations, tribes or pueblos adjoining the Rio Grande;

(13) actively engage the public in the planning process of the Rio Grande trail and display meeting notices, meeting minutes and official commission trail proposals on the Rio Grande trail commission's [web site] website;

(14) where feasible, develop multiple options of trail routing, construction design and potential enhancements;

(15) prior to making any final decisions regarding trail designation, design and construction, hold public meetings to solicit public input and allow for a written comment period;

(16) make a final recommendation based on all factors, including public comments and environmental impacts. In implementation of the Rio Grande trail, the secretary of energy, minerals and natural resources shall describe and publish any variance from commission recommendations on the commission's [web site] website;

(17) to the extent feasible, select existing trails for the route of the Rio Grande trail;

(18) to the extent feasible, in the case of non-motorized existing trails, avoid widening these trails;

(19) in the case of new trails on public lands, construct the trails for non-motorized use; provided, however, that such trails may, but are not required to, be open to power-driven mobility devices for individuals with mobility impairments; and

(20) to the extent possible, avoid introduction of non-native material on the trail.

F. Eminent domain shall not be used to establish or construct the Rio Grande trail or features, facilities or enhancements associated with the trail.

G. The "Rio Grande trail fund" is created in the state treasury. The fund consists of appropriations, donations, grants to the fund, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The energy, minerals and natural resources department shall administer the fund, and money in the fund is subject to appropriation by the legislature to the energy, minerals and natural resources department to develop, establish and support the Rio Grande trail. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative."

SECTION 6. Section 7-1-6.38 NMSA 1978 (being Laws 1994, Chapter 145, Section 1, as amended) is amended to read:

"7-1-6.38. DISTRIBUTION--GOVERNMENTAL GROSS RECEIPTS TAX.--

A. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made in amounts equal to the following percentages of the net receipts attributable to the governmental gross receipts tax, less the net receipts attributable to a hospital licensed by the department of health:

(1) seventy-five percent to the public project revolving fund administered by the New Mexico finance authority;

(2) [twenty-four] ten percent to the energy, minerals and natural resources department [provided that forty-one and two-thirds percent of the distribution is appropriated to the energy, minerals and natural resources department] to implement the provisions of the New Mexico Youth Conservation Corps Act [and fifty-eight and one-third percent of the distribution is appropriated to the energy, minerals and natural resources];

(3) fourteen percent to the tourism department for state park and recreation area capital improvements, including the costs of planning, engineering, design, construction, renovation, repair, equipment and furnishings and including principal and interest payments on state park and recreation bonds; and

[(3)] (4) one percent to the cultural affairs department for capital improvements at state museums and monuments administered by the cultural affairs department.

B. The state pledges to and agrees with the holders of any bonds or notes issued by the New Mexico finance authority or by the energy, minerals and natural resources department prior to the effective date of this 2021 act for state park and recreation purposes or issued by the state parks division before or after the effective date of this 2021 act and payable from the net receipts attributable to the governmental gross receipts tax distributed to the New Mexico finance authority or the [energy, minerals and natural resources] tourism department pursuant to this section that the state will not limit, reduce or alter the distribution of the net receipts attributable to the governmental gross receipts tax to the New Mexico finance authority or the [energy, minerals and natural resources] tourism department or limit, reduce or alter the rate of imposition of the governmental gross receipts tax until the bonds or notes together with the interest [thereon] on the bonds or notes are fully met and discharged. The New Mexico finance authority and the [energy, minerals and natural resources] tourism department are authorized to include this pledge and agreement of the state in any agreement with the holders of the bonds or notes."

SECTION 7. Section 7-1-6.49 NMSA 1978 (being Laws 2005, Chapter 87, Section 1, as amended) is amended to read:

"7-1-6.49. DISTRIBUTION--CONTRIBUTIONS TO THE STATE PARKS DIVISION.--A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the [energy, minerals and natural resources] tourism department in an amount equal to the money designated pursuant to Section 7-2-30.2 NMSA 1978 as contributions to the state parks division [of the energy, minerals and natural resources department] for the kids in parks education program. The [energy, minerals and natural resources] tourism department shall remit the amount designated for the state parks division to the state parks division for expenditure for the kids in parks education program."

SECTION 8. Section 7-2-30.2 NMSA 1978 (being Laws 2005, Chapter 87, Section 2) is amended to read:

"7-2-30.2. OPTIONAL DESIGNATION OF TAX REFUND CONTRIBUTION--[ENERGY, MINERALS AND NATURAL RESOURCES] TOURISM DEPARTMENT--STATE PARKS DIVISION.--

A. Except as otherwise provided in Subsection C of this section, an individual whose state income tax liability after application of allowable credits and tax rebates in a year is lower than the amount of money held by the department to the credit of such individual for that tax year may designate a portion of the income tax refund due to the individual to be paid to the state parks division of the [energy, minerals and natural resources] tourism department for the kids in parks education program. In the case of a joint return, both individuals must make such designation.

B. The department shall revise the state income tax form to allow the designation of such contributions in the following form:

"State Parks Division — Check if you wish to □

contribute a part or all of your tax refund

to the state parks division of the [energy,

minerals and natural resources] tourism department

for the kids in parks education program. Enter

here $__________ the amount of your contribution.".

C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act, and any designation made under the provisions of this section to such refunds is void."

SECTION 9. Section 16-2-2 NMSA 1978 (being Laws 1977, Chapter 254, Section 113, as amended) is amended to read:

"16-2-2. STATE PARKS ADVISORY BOARD CREATED--MEMBERSHIP--COMPENSATION--DUTIES.--

A. The "advisory board" to the state parks division of the [energy, minerals and natural resources] tourism department is created. It shall be composed of seven to eleven members appointed by the governor.

B. The advisory board shall provide advice and make recommendations relating to the administration of the state parks division. It shall advise on all matters of policy, [regulations] rules, the formulation of a comprehensive statewide recreation plan and such other matters as may be requested by the director of that division.

C. The advisory board shall meet quarterly or at the call of the [chairman] chair.

D. Each member of the advisory board shall annually elect a [chairman] chair and vice [chairman] chair from its membership. The director of the state parks division shall serve as the executive secretary of the board."

SECTION 10. Section 16-2-2.1 NMSA 1978 (being Laws 2005, Chapter 39, Section 1) is amended to read:

"16-2-2.1. STATE PARK VOLUNTEERS.--

A. The state parks division of the [energy, minerals and natural resources] tourism department may develop a program to recruit, train and accept the services of volunteers who support programs administered by the division. Volunteers may provide services for or in aid of interpretive functions, visitor services, conservation measures and development or other activities in and related to state parks and other conservation and natural resource activities administered by the division. Volunteers shall comply with applicable rules and policies of the department and the division.

B. A volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation and state employee benefits.

C. A volunteer traveling at the request of the state parks division [may] is entitled to receive per diem and mileage pursuant to the Per Diem and Mileage Act as well as reimbursement for uniforms, supplies and equipment used for the volunteer's work at the park; provided that the director of the division shall not authorize any reimbursement in excess of the value of services rendered to the division by the volunteer.

D. A volunteer may use state vehicles in the performance of division-related duties subject to those rules governing use of state vehicles by paid staff. A volunteer performing work under the terms of this section and who operates a state vehicle shall be treated for the purposes of insurability and tort claims liability as an employee of the state.

E. A volunteer may use state computers in the performance of division-related duties, subject to those rules, policies and directives governing use of state computers by state employees."

SECTION 11. Section 16-2-3 NMSA 1978 (being Laws 1977, Chapter 254, Section 12, as amended) is amended to read:

"16-2-3. MEANING OF DESIGNATIONS.--Wherever in the laws of New Mexico, whether or not the statutes have been compiled in NMSA 1978, reference is made to the "state park and recreation commission" [or to the "commission"], the term shall mean the state [park and recreation division of the energy, minerals and natural resources] parks division of the tourism department. As used in Chapter 16 NMSA 1978, "secretary" means the secretary of [energy, minerals and natural resources] tourism."

SECTION 12. Section 16-2-5 NMSA 1978 (being Laws 1935, Chapter 57, Section 4, as amended) is amended to read:

"16-2-5. DIRECTOR OF DIVISION--QUALIFICATIONS.--The director of the state [park and recreation] parks division of the [energy, minerals and natural resources] tourism department shall be qualified for that office if [he] the director has:

A. education and practical field experience in the field of parks and recreation; and

B. demonstrated administrative capabilities in parks management."

SECTION 13. Section 16-2-7.1 NMSA 1978 (being Laws 1999, Chapter 174, Section 2, as amended) is amended to read:

"16-2-7.1. FREE STATE PARK PASSES TO DISABLED VETERANS.--

A. The state parks division of the [energy, minerals and natural resources] tourism department shall provide to a fifty percent or more disabled veteran residing in the state:

(1) one day-use pass for unlimited entry into state parks or recreation areas operated by the division; and

(2) one three-day camping pass per year for the use of camping areas operated by the division, whether for consecutive or nonconsecutive days.

B. Proof of disability satisfactory to the division is required to obtain the free passes."

SECTION 14. Section 16-2-9.1 NMSA 1978 (being Laws 2005, Chapter 174, Section 1) is amended to read:

"16-2-9.1. STATE PARK PASSES--VENDORS.--The director of the state parks division of the [energy, minerals and natural resources] tourism department may authorize vendors to sell state park passes, permits and other state park products in compliance with rules adopted by the secretary. A vendor authorized to sell park passes, permits or other state park products may retain a portion of the sale price."

SECTION 15. Section 16-2-10 NMSA 1978 (being Laws 1935, Chapter 57, Section 10, as amended) is amended to read:

"16-2-10. SECRETARY AND EMPLOYEES PROHIBITED FROM HAVING INTEREST IN CONCESSIONS.--Neither the secretary nor any member of the [energy, minerals and natural resources] tourism department shall have any interest in, directly or indirectly, or in any manner be connected with any concession granted to any person within any state park or recreation area."

SECTION 16. Section 16-2-11 NMSA 1978 (being Laws 1935, Chapter 57, Section 11, as amended) is amended to read:

"16-2-11. ACQUISITION OF LANDS FOR PARK AND RECREATIONAL PURPOSES--CRITERIA.--

A. The state is authorized to acquire lands or interests in lands for state park or state recreational purposes by gift, donation, devise or purchase. Acquired lands or interests in lands shall be held for the use of the state to develop, maintain and operate them as state parks or state recreational areas. In acquiring real property or any interest in real property, the power of eminent domain shall not be used. The criteria for acquisition and development shall be those specified in Subsections B through G of this section.

B. Sites that may be designated as state parks or state recreational areas shall be only those:

(1) having a diversity of resources, including areas of scientific, aesthetic, geologic, natural or historic value;

(2) providing recreational opportunities significant enough to assure patronage from a region or preferably from the state as a whole; and

(3) conforming to the state comprehensive outdoor recreation plan.

C. Lands designated for acquisition or development as state parks or state recreational areas shall be those that:

(1) are adjacent to existing parks or recreational areas and are necessary for successful park or recreational area protection and development;

(2) help meet recreation and open space demands of metropolitan area residents by emphasizing park or recreational areas within easy access of population centers;

(3) preserve the most significant examples of New Mexico natural scenic landscape; or

(4) meet the pressure on primary vacation regions not adequately supplied with public recreation opportunities.

D. Lands that are acquired or developed as state parks or state recreational areas shall be managed and developed according to the following objectives:

(1) outdoor recreation shall be recognized as the dominant or primary resources management objective;

(2) physical development shall promote the outdoor recreation objective through the use of proper design, materials and construction to enhance and promote the use and enjoyment of the recreational resources in the area;

(3) within economical limits, state parks or state recreational facilities shall be landscaped and developed to achieve an environment that is aesthetically pleasing, ecologically functional and complementary to the native environment;

(4) use periods for parks or recreational facilities shall be extended by providing a variety of facilities that will attract visitors during all seasons of the year; and

(5) all significant historic structures contained in state parks or state recreational areas shall be, within economical limits, reconstructed, restored or stabilized to provide for continued user benefit.

E. Factors to be taken into consideration when lands are considered for acquisition or development as state parks or state recreational areas are:

(1) the character of the land resources, such as soil, vegetation, topography and water, that affects the suitability of the lands for development as parks or recreational areas;

(2) facilities development to meet the average and slightly higher than average demands rather than the peak demands of summer and the holiday weekends;

(3) development priority based upon demonstrated use and demand, balance and distribution of existing facilities and the availability of lands suitable for development; and

(4) resources protection shall also be considered a priority if the resources need urgent attention, but the priority shall be determined by the relative value of the resources involved.

F. The cost of lands to be proposed for acquisition or development as state parks or state recreational areas should be reasonable, with consideration given to the recreational value of the land on which the state park or state recreational area is to be located. No property shall be purchased that involves commitments, privileges or conditions to any private interest, except that property may be purchased that has restrictions limiting its use to that of a state park or state recreational area.

G. All lands considered for acquisition or development as new state parks or state recreational areas shall undergo a feasibility study prior to acquisition or development. Feasibility studies shall include:

(1) a determination that the proposed area meets the criteria set forth in this section;

(2) an estimate of the total development cost, including land acquisition, planning and construction and recommendations for methods of financing the development costs;

(3) an estimate of the annual costs for operation and maintenance;

(4) an estimate of demand and a projection of visitor use for the proposed area; and

(5) an analysis of the proposed area as it relates to plans or development by other governmental agencies or the private sector in adjacent areas.

H. The state is authorized, upon the execution of a written agreement between the director of the state parks division of the [energy, minerals and natural resources] tourism department and the department, service or agency of the United States having jurisdiction of lands of the United States, to develop, protect, maintain and operate in accordance with the agreement federally owned lands as state parks or state recreational areas, but the state may not acquire the fee title to or a permanent right in the lands pursuant to such an agreement.

I. The designation of sites as suitable for state parks or recreational areas, the designation of certain lands for acquisition or development, the consideration of lands for acquisition or studying the feasibility of acquisition or development of lands shall not create a right of action on the part of any person to force action by the state parks division [of the energy, minerals and natural resources department] or the state.

J. Any acquisition of land or any interest in land for a new state park or recreational area shall be approved by the legislature prior to the execution of a written agreement binding the state to expenditure of funds for acquisition or development of state parks or recreational areas. Lands that are adjacent or contiguous to existing state parks or recreational areas or are necessary for successful park or recreational area protection and development and will become part of the park or recreational area may be acquired without legislative approval if the state parks division consults with local government entities on the acquisition and if the state board of finance approves the acquisition and funds for the acquisition are available to the state parks division [of the energy, minerals and natural resources department] or the land is donated to the division.

K. Only lands or interests in lands acquired or retained in accordance with the provisions of this section and operated pursuant to the authority of the state parks division [of the energy, minerals and natural resources department] may use the designation of "state park" or "state recreational area"."

SECTION 17. Section 16-2-12 NMSA 1978 (being Laws 1963, Chapter 149, Section 1, as amended) is amended to read:

"16-2-12. ACQUISITION OF FEDERAL LAND FOR PARK AND RECREATIONAL USES.--The legislature of New Mexico, taking cognizance that the federal government, under the provisions of the Recreation and Public Purposes Act of June 14, 1926, as amended, has authorized the department of the interior to sell to the states federal land at a price of two dollars fifty cents ($2.50) per acre or to lease to the states land at the price of twenty-five cents ($.25) per acre a year for recreational purposes, and the legislature taking further cognizance of the fact that public park and recreation areas are of vital importance in the development and growth of this state and noting that valuable and scenic land areas within New Mexico may be purchased or leased at minimal cost for development as park and recreational areas from either private or federal ownership, hereby authorizes the state [park and recreation] parks division of the tourism department to purchase or lease such lands in the name of the state."

SECTION 18. Section 16-2-15 NMSA 1978 (being Laws 1951, Chapter 45, Section 1, as amended) is amended to read:

"16-2-15. SECRETARY'S POWER TO AUTHORIZE TRANSFER OF PARK LANDS.--The secretary has the right to authorize the commissioner of public lands to quitclaim to any state educational institution or other state agency, department or public body having authority to hold, and a use therefor, any lands acquired for state park or state recreational purposes for such nominal consideration and upon such conditions and subject to such reservations as in each case may be prescribed by the secretary; provided, however, that disposition of any such lands shall, in any case, relate only to lands held in excess of the reasonable needs of the state [park and recreation] parks division of the [energy, minerals and natural resources] tourism department for public parks and recreational purposes."

SECTION 19. Section 16-2-19.1 NMSA 1978 (being Laws 1983, Chapter 211, Section 38, as amended by Laws 1987, Chapter 234, Section 23 and also by Laws 1987, Chapter 322, Section 1) is amended to read:

"16-2-19.1. MOTORBOAT FUEL TAX FUND--APPROPRIATION.--[There is created in the state treasury] The "motorboat fuel tax fund" is created in the state treasury. Money in the fund is appropriated to the state [park and recreation] parks division of the [energy, minerals and natural resources] tourism department for use under the regular budgeting procedure of the state. Seventy-five percent of the money in the fund is to be used to construct, purchase, improve and maintain boating and related facilities or equipment in this state under the jurisdiction of the state [park and recreation] parks division. Twenty-five percent of the money in the fund is to be used for any boating-related purpose whatsoever under the jurisdiction of the state [park and recreation] parks division."

SECTION 20. Section 16-2-20 NMSA 1978 (being Laws 1965, Chapter 280, Section 1) is amended to read:

"16-2-20. SHORT TITLE.--[This act] Sections 16-2-20 through 16-2-29 NMSA 1978 may be cited as the "State Park and Recreation Bond Act"."

SECTION 21. Section 16-2-22 NMSA 1978 (being Laws 1965, Chapter 280, Section 3, as amended) is amended to read:

"16-2-22. BONDING AUTHORITY.--Whenever the secretary determines by written order that it is necessary to raise funds to provide for developing, operating and maintaining state parks or recreation areas, the state [park and recreation division of the energy, minerals and natural resources department] parks division may issue and sell bonds of the state as provided for in the State Park and Recreation Bond Act. The purposes for which the bonds are to be issued and the amount of each bond issue shall be approved by the state board of finance before issuance of the bonds."

SECTION 22. A new section of the State Park and Recreation Bond Act, Section 16-2-22.1 NMSA 1978, is enacted to read:

"16-2-22.1. [NEW MATERIAL] BONDS NOT IMPAIRED BECAUSE OF EXECUTIVE REORGANIZATION.--State park and recreation bonds are not impaired or otherwise affected by an executive reorganization or name change of the state parks division."

SECTION 23. Section 16-2-23 NMSA 1978 (being Laws 1965, Chapter 280, Section 4, as amended) is amended to read:

"16-2-23. FORM OF BONDS.--The state [park and recreation] parks division of the tourism department, except as otherwise specifically provided in the State Park and Recreation Bond Act, shall determine at its discretion the terms, covenants and conditions of state park and recreation bonds, including but not limited to date of issue, denominations, maturities, rate or rates of interest, call features, call premiums, registration, refundability and other covenants covering general and technical aspects of the issuance of the bonds. The bonds shall be in such form as the [state park and recreation] division shall determine, and successive issues shall be identified by alphabetical, numerical or other proper series or designation. Except with respect to bonds issued in book entry or similar form without the delivery of physical securities, signatures of the governor, state treasurer and director of the [state park and recreation] division shall be affixed in compliance with the Uniform Facsimile Signature of Public Officials Act, and the coupons, if any, attached to the bonds shall bear the facsimile signature of the state treasurer in office at the time of the preparation of the bonds."

SECTION 24. Section 16-2-24 NMSA 1978 (being Laws 1965, Chapter 280, Section 5, as amended) is amended to read:

"16-2-24. SALE OF BONDS.--Bonds issued under [this] the State Park and Recreation Bond Act shall be sold at not less than par value plus accrued interest to the date of delivery and may be sold at public or private sale as determined by the director of the state [park and recreation director] parks division of the tourism department. If sold at public sale, the director shall give notice of the time, place and terms of the sale by publication in a newspaper published in Santa Fe, New Mexico, not less than ten days prior to date of sale. Bonds issued under the State Park and Recreation Bond Act shall not be purchased by the state investment officer or state investment council."

SECTION 25. Section 16-2-26 NMSA 1978 (being Laws 1965, Chapter 280, Section 7, as amended) is amended to read:

"16-2-26. CONSTRUCTION.--[This] The State Park and Recreation Bond Act is sole authority for the authorization and issuance by the state [park and recreation] parks division of the tourism department of bonds authorized by the state board of finance, and the division may do anything necessary to carry out the powers granted by [this] the State Park and Recreation Bond Act."

SECTION 26. Section 16-2-28 NMSA 1978 (being Laws 1965, Chapter 280, Section 9, as amended) is amended to read:

"16-2-28. REFUNDING.--Any bonds issued under the State Park and Recreation Bond Act may be refunded under the terms of written orders issued by the director of the state parks division of the tourism department subject to any contractual limitations involved with outstanding bonds, claims or other obligations. Proceeds of refunding bonds shall be applied to retirement of the bonds to be retired or refunded or placed in escrow to be applied to payment of the bonds upon presentation for payment by the holders. Refunding bonds shall be issued under all applicable conditions prescribed in the State Park and Recreation Bond Act for the issuance of original bonds."

SECTION 27. Section 16-2-29 NMSA 1978 (being Laws 1965, Chapter 280, Section 10, as amended) is amended to read:

"16-2-29. SECURITY--RETIREMENT OF BONDS.--The state [park and recreation division of the energy, minerals and natural resources] parks division of the tourism department may pledge for the retirement of bonds issued all or any part of the revenues to be produced from any project to be constructed with bond funds, all or any part of the governmental gross receipts tax distributions pursuant to Section 7-1-6.38 NMSA 1978 appropriated to the energy, minerals and natural resources department for state park and recreation area capital improvements or the tourism department for state park and recreation area capital improvements on or after the effective date of this 2021 act and, except as may be prohibited by existing contractual arrangements, may also pledge money derived from the operation of present or future state parks or recreation areas or from gifts, donations, bequests or endowments for state park or recreation purposes or any portion of the same. Bonds are payable solely from the funds enumerated in this section and are not general obligations of the state."

SECTION 28. Section 16-2-30 NMSA 1978 (being Laws 1935, Chapter 57, Section 17, as amended) is amended to read:

"16-2-30. POLICE POWERS VESTED IN DIRECTOR AND STATE PARKS EMPLOYEES DESIGNATED BY THE SECRETARY.--

A. The director of the state parks division of the tourism department and state parks division employees designated by the secretary are vested with general police power and shall be state park law enforcement officers with the authority of conservators of the peace within state parks and recreation areas. It shall be their duty to enforce the laws of the state and the rules [and regulations of the energy, minerals and natural resources] of the department within state parks and recreation areas. They shall have the further power of forcibly ejecting from a state park or recreation area a person who knowingly, willfully or wantonly violates a rule [or regulation] of the department within a state park or recreation area.

B. State park law enforcement officers, in emergency situations, shall be considered on duty and within the scope of their employment for employee benefits when they follow specific instructions from a duly qualified full-time peace officer and aid the peace officer in carrying out [his] the officer's duties. State park law enforcement officers shall respond in emergency situations, subject to the needs of the park to which they are assigned, and they shall have law enforcement powers outside the park so long as they follow specific instructions from the peace officer who requested aid.

C. As used in this section, "emergency" means a sudden, unexpected occurrence or an unforeseen combination of circumstances that calls for immediate action without time for deliberation."

SECTION 29. Section 16-2-32 NMSA 1978 (being Laws 1935, Chapter 57, Section 19, as amended) is amended to read:

"16-2-32. CRIMINAL OFFENSES--PENALTY.--A person who commits any of the following acts is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978:

A. cut, break, injure, destroy, take or remove a tree, shrub, timber, plant or natural object in any state park and recreation area, except in areas designated by the secretary and permitted by rules adopted by the secretary. Such rules shall only permit the removal of a tree, shrub, timber, plant or natural object for scientific study or for noncommercial use by [an individual] a person as a souvenir. The quantity of material authorized for removal from any area shall be strictly regulated by park personnel in order to minimize resource damage;

B. kill, cause to be killed or pursue with intent to kill a bird or animal in a state park and recreation area, except in areas designated by the secretary and except in conformity with the provisions of general law and the rules of the state game commission;

C. take a fish from the waters of a state park and recreation area, except in conformity with the provisions of general law and the rules of the state game commission;

D. willfully mutilate, injure, deface or destroy any guidepost, notice, tablet, fence, enclosure or work that is for the protection or ornamentation of a state park and recreation area;

E. light a fire in a state park and recreation area, except in those places authorized for fires by the secretary, or willfully or carelessly permit any fire that is authorized and that the person has [lighted] lit or caused to be [lighted] lit or under the person's charge to spread or extend to or burn the shrubbery, trees, timber, ornaments or improvements in a state park and recreation area or leave a campfire that the person has [lighted] lit or that has been left in the person's charge unattended by a competent person without extinguishing it;

F. place in a state park and recreation area or affix to an object in a state park and recreation area a word, character or device designed to advertise a business, profession, article, thing, exhibition, matter or event without a written license from the secretary permitting the person to do it; or

G. violate a rule adopted by the secretary pursuant to the provisions of Chapter 16, Article 2 NMSA 1978 when the violation has caused or contributed to the cause of an accident resulting in injury or death to a person or disappearance of a person."

SECTION 30. Section 16-2-33 NMSA 1978 (being Laws 2013, Chapter 136, Section 1) is amended to read:

"16-2-33. STATE PARKS DIVISION PENALTY ASSESSMENT MISDEMEANORS--DEFINITION--SCHEDULE OF ASSESSMENTS.--

A. As used in Chapter 16, Article 2 NMSA 1978, "penalty assessment misdemeanor" means a violation of any rule of the state parks division of the [energy, minerals and natural resources] tourism department promulgated pursuant to Chapter 16, Article 2 NMSA 1978.

B. The term "penalty assessment misdemeanor" does not include a violation that has caused or contributed to the cause of an accident resulting in injury or death to a person or disappearance of a person, nor does it include a violation of Section 16-2-32 NMSA 1978.

C. Whenever a person is arrested for violation of a penalty assessment misdemeanor, the arresting officer shall advise the person of the option either to accept the penalty assessment and pay it to the court or to appear in court. The arresting officer, using a uniform non-traffic citation, shall complete the information section, prepare the penalty assessment and prepare a notice to appear in court specifying the time and place to appear. The arresting officer shall have the person sign the citation as a promise either to pay the penalty assessment as prescribed or to appear in court as specified, give a copy of the citation to the person and release the person from custody. An officer shall not accept custody of payment of any penalty assessment.

D. The arresting officer may issue a warning notice, but shall fill in the information section of the citation and give a copy to the arrested person after requiring a signature on the warning notice as an acknowledgment of receipt. No warning notice issued under this section shall be used as evidence of conviction for purposes of Subsection L of this section.

E. In order to secure release, the arrested person must give a written promise to appear in court or to pay the penalty assessment prescribed or to acknowledge receipt of a warning notice.

F. The magistrate court or metropolitan court in the county where the alleged violation occurred has jurisdiction for any case arising from a penalty assessment misdemeanor issued for violation of a rule of the state parks division promulgated pursuant to Chapter 16, Article 2 NMSA 1978.

G. A penalty assessment citation issued by a law enforcement officer shall be submitted to the appropriate magistrate or metropolitan court within three business days of issuance. If the citation is not submitted within three business days, it may be dismissed with prejudice.

H. It is a misdemeanor for any person to violate a written promise to pay the penalty assessment or to appear in court given to an officer upon issuance of a citation regardless of the disposition of the charge for which the citation was issued.

I. A citation with a written promise to appear in court or to pay the penalty assessment is a summons. If a person fails to appear or to pay the penalty assessment by the appearance date, a warrant for failure to appear may be issued.

J. A written promise to appear in court may be complied with by appearance of counsel.

K. When an alleged violator of a penalty assessment misdemeanor elects to appear in court rather than to pay the penalty assessment to the court, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment misdemeanor.

L. The penalty assessment for a first violation of any promulgated rule of the state parks division [promulgated] pursuant to Chapter 16, Article 2 NMSA 1978 is thirty dollars ($30.00). This penalty assessment is in addition to any magistrate or metropolitan court costs as provided in Subsection B of Section 35-6-4 NMSA 1978. Upon a second conviction or acceptance of a notice of penalty assessment for violation of any promulgated rule of the state parks division [promulgated] pursuant to Chapter 16, Article 2 NMSA 1978, the penalty assessment shall be fifty dollars ($50.00). Upon a third or subsequent conviction or acceptance of a notice of penalty assessment, the penalty assessment shall be one hundred fifty dollars ($150)."

SECTION 31. Section 19-10-50 NMSA 1978 (being Laws 1949, Chapter 82, Section 1, as amended) is amended to read:

"19-10-50. OIL, GAS AND MINERAL LEASES ON STATE PARK LANDS.--The director of the state [park and recreation director] parks division of the tourism department has the right to authorize the commissioner [of public lands] to lease for oil and gas and other minerals any lands acquired by the state for state park or state recreational purposes upon such terms and conditions as may be prescribed by the [state park and recreation] director where, in the discretion of the [state park and recreation] director, the leasing of such lands for oil and gas will not materially interfere with the use of [such] the lands for state park or state recreational purposes or where it is deemed necessary or advisable and for the best interest of the state that [such] the lands be leased for [said] that purpose."

SECTION 32. Section 19-10-51 NMSA 1978 (being Laws 1949, Chapter 82, Section 2, as amended) is amended to read:

"19-10-51. TERMS AND CONDITIONS OF LEASES ON STATE PARK LANDS--DISPOSITION OF RENTALS AND ROYALTIES.--The commissioner [of public lands] has the right to lease for oil and gas and other minerals any lands acquired by the state for state park or state recreational purposes when authorized so to do by the director of the state [park and recreation director] parks division of the tourism department, the [same] lands to be leased upon such terms and conditions as may be prescribed by the [state park and recreation] director. All bonuses, rentals and royalties [which] that may be collected under the terms of any such lease by the commissioner [of public lands] shall be placed to the credit of the state park and recreation fund."

SECTION 33. Section 32A-3A-12 NMSA 1978 (being Laws 2019, Chapter 132, Section 1) is amended to read:

"32A-3A-12. FOSTER FAMILIES--FREE ADMISSION TO MUSEUMS AND STATE PARKS.--Foster parents and children in the custody of foster parents who are residents of the state shall be provided free admission to state-owned museums and state parks; provided that eligibility for free admission shall be contingent upon demonstration of proof of identity, residency and status as a foster parent or child in the custody of a foster parent, in accordance with rules of the:

A. cultural affairs department, for free day-use admission to state-owned museums; and

B. [energy, minerals and natural resources] tourism department, for free day-use admission to state parks."

SECTION 34. Section 66-12-3 NMSA 1978 (being Laws 1959, Chapter 338, Section 3, as amended) is amended to read:

"66-12-3. DEFINITIONS.--As used in the Boat Act:

A. "vessel" means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

B. "motorboat" means [any] a vessel propelled by machinery, whether or not machinery is the principal source of propulsion, but does not include a vessel that has a valid marine document issued by the bureau of customs of the United States government or any federal agency successor thereto; "motorboat" includes any vessel propelled or designed to be propelled by sail and that does not have a valid document issued by a federal agency, but does not include a sailboard or windsurf board;

C. "owner" means a person, other than a lienholder, having the property in or title to a motorboat; "owner" includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but excludes a lessee under a lease not intended as security;

D. "waters of this state" means waters within the territorial limits of this state;

E. "person" means an individual, partnership, firm, corporation, association or other entity;

F. "operate" means to navigate or otherwise use a motorboat or a vessel;

G. "state agency" means [any] a department, institution, board, bureau, commission, district or committee of the government of this state and means every office or officer of any state agency;

H. "subdivision of the state" means every county, county institution, board, bureau or commission, incorporated city, town or village, drainage, conservancy, irrigation or other district and every office or officer of any subdivision of this state;

I. "division" means the state parks division of the [energy, minerals and natural resources] tourism department;

J. "boat" means a motorboat that is ten feet in length or longer;

K. "dealer" means [any] a person who engages in whole or in part in the business of buying, selling or exchanging new and unused motorboats or used motorboats, or both, either outright or on conditional sale, bailment, lease, chattel mortgage or otherwise and who has an established place of business for sale, trade and display of motorboats; "dealer" includes a yacht broker;

L. "lien" means every chattel mortgage, conditional sales contract, lease, purchase lease, sales lease, contract, security interest under the Uniform Commercial Code or other instrument in writing having the effect of a mortgage or lien or encumbrance upon, or intended to hold the title to any boat in the former owner, possessor or grantor;

M. "manufacturer" means [any] a person engaged in the business of manufacturing or importing new and unused motorboats for the purpose of sale or trade;

N. "demonstration" means:

(1) the operation of a motorboat on the waters of this state for the purpose of selling, transferring, bartering, trading, negotiating or attempting to negotiate the sale or exchange of an interest in a motor boat; or

(2) the operation of a motorboat by a manufacturer for the purpose of testing the motorboat; and

O. "established place of business" means a salesroom in an enclosed building or structure that the dealer owns or leases, where the business of bartering, trading and selling of motorboats is conducted and where the books, records and files necessary to conduct the business are maintained."

SECTION 35. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS, PERSONNEL, MONEY, APPROPRIATIONS, RECORDS AND PROPERTY--CONTRACTUAL OBLIGATIONS--STATUTORY REFERENCES.--

A. On the effective date of this act, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the state parks division of the energy, minerals and natural resources department are transferred to the state parks division of the tourism department.

B. On the effective date of this act, contractual obligations, including obligations pursuant to the State Park and Recreation Bond Act, of the state parks division of the energy, minerals and natural resources department shall be binding on the state parks division of the tourism department.

C. On the effective date of this act, all references in law to the state parks division of the energy, minerals and natural resources department shall be deemed to be references to the state parks division of the tourism department.

SECTION 36. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.

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