0001| HOUSE APPROPRIATIONS AND FINANCE COMMITTEE SUBSTITUTE FOR | 0002| HOUSE BILLS 129 & 5 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO THE STATE FAIR; CLARIFYING THAT THE STATE FAIR IS A | 0013| STATE AGENCY FOR ALL PURPOSES; CREATING FUNDS; PROVIDING | 0014| MECHANISMS FOR PAYMENT OF DEBT; AUTHORIZING EXPENDITURES FOR | 0015| THE STATE FAIR COMMISSION; AMENDING, REPEALING AND ENACTING | 0016| CERTAIN SECTIONS OF THE NMSA 1978; AUTHORIZING SEVERANCE TAX | 0017| BONDS; MAKING APPROPRIATIONS; DECLARING AN EMERGENCY. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. Section 16-6-1 NMSA 1978 (being Laws 1913, | 0021| Chapter 46, Section 2, as amended) is amended to read: | 0022| "16-6-1. STATE FAIR COMMISSION--MEMBERS-- | 0023| APPOINTMENT--NUMBER--QUALIFICATION--TERMS--OATH--BOND.-- | 0024| A. The governor shall appoint, with the advice and | 0025| consent of the senate, a "state fair commission", consisting of | 0001| [seven] nine members, for terms of five years each; provided | 0002| that the first appointments shall be made of two commissioners | 0003| for one-year terms, two for two-year terms, one for a three- | 0004| year term, one for a four-year term and one for a five-year | 0005| term; and provided further that for the initial terms of the | 0006| two members appointed in 1997, one shall be for two years and | 0007| one shall be for three years. All state fair commissioners | 0008| shall be bona fide residents of the state. No [less] fewer | 0009| than two commissioners shall be engaged in the business of | 0010| livestock raising; [and] no [less] fewer than two commissioners | 0011| shall be engaged in agricultural vocations and pursuits other | 0012| than livestock raising; two members shall represent the city of | 0013| Albuquerque and be appointed from lists of three names | 0014| submitted by the mayor; one member shall be a person with | 0015| financial expertise; and one member shall be a lawyer. | 0016| B. Before entering upon the duties of his office, | 0017| each state fair commissioner shall take and subscribe an oath | 0018| that he will faithfully and impartially discharge the duties of | 0019| his office, which oath shall be filed in the office of the | 0020| secretary of state. Each commissioner shall furnish a good and | 0021| sufficient surety bond as provided in the Surety Bond Act. | 0022| C. No member of the state fair commission shall be | 0023| removed during the term for which he is appointed, except for | 0024| cause, following notice and an opportunity for a hearing, | 0025| unless the notice and hearing are, in writing, expressly | 0001| waived." | 0002| Section 2. Section 16-6-4 NMSA 1978 (being Laws 1913, | 0003| Chapter 46, Section 4, as amended) is amended to read: | 0004| "16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR-- | 0005| EXHIBITS--PREMIUMS.-- | 0006| A. The state fair commission shall have power and | 0007| authority to hold annually on suitable grounds a state fair at | 0008| which shall be exhibited livestock, poultry, vegetables, fruits, | 0009| grains, grasses and other farm products, minerals, ores and other | 0010| mining exhibits, mining machinery and farm implements and all | 0011| other things [which] that the commissioners or a majority thereof | 0012| deem consonant with the purposes of a state fair for the purposes | 0013| of advancing the agricultural, horticultural and stock raising, | 0014| mining, mechanical and industrial pursuits of the state and shall | 0015| have the care of its property [and be entrusted with the entire | 0016| direction of its business and its financial affairs consistent | 0017| with the provisions of Sections 16-6-15 and 16-6-16 NMSA 1978]. | 0018| B. The state fair commission, among other duties, | 0019| shall [prepare] adopt [publish and enforce all necessary] and | 0020| promulgate pursuant to the State Rules Act and enforce rules for | 0021| the management of the New Mexico state fair, its meetings and | 0022| exhibitions and for the guidance of its officers, employees and | 0023| exhibitors [The commission shall determine the duties, | 0024| compensation and tenure of office of all of its officers and | 0025| employees and may remove from office or discharge any person | 0001| appointed or employed by it at will and shall have the power to | 0002| appoint]. | 0003| C. Within the limitations of available appropriations | 0004| and applicable laws, including the Personnel Act, the state fair | 0005| commission shall employ and fix the compensation of those persons | 0006| necessary to discharge its duties, including all necessary | 0007| fairgrounds police to keep order on the grounds and in the | 0008| buildings of the state fair. The fairgrounds police so appointed | 0009| shall be vested with the same authority for such purposes as peace | 0010| officers. | 0011| D. The state fair commission shall have the power to | 0012| charge entrance fees and admissions and lease stalls, stand and | 0013| restaurant sites, give prizes and premiums, arrange entertainments | 0014| and do all things [which] that by the commission may be considered | 0015| proper for the conduct of the state fair not otherwise prohibited | 0016| by law. | 0017| E. The state fair commission shall prohibit the sale | 0018| or consumption of alcoholic beverages on the grounds of the state | 0019| fair except in controlled access areas within the licensed | 0020| premises. The commission or its designees shall meet with the | 0021| director of the alcohol and gaming division of the [department of] | 0022| regulation and licensing department and other parties in interest | 0023| to designate the controlled access areas on which the sale and | 0024| consumption of alcoholic beverages may be permitted. As used in | 0025| this subsection, "alcoholic beverages" means distilled or | 0001| rectified spirits, potable alcohol, brandy, whiskey, rum, gin and | 0002| aromatic bitters bearing the federal internal revenue strip stamps | 0003| or any similar alcoholic beverage, including blended or fermented | 0004| beverages, dilutions or mixtures of one or more of the foregoing | 0005| containing more than one-half of one percent alcohol, but | 0006| excluding medicinal bitters." | 0007| Section 3. Section 16-6-8 NMSA 1978 (being Laws 1913, | 0008| Chapter 46, Section 7, as amended) is repealed and a new Section | 0009| 16-6-8 NMSA 1978 is enacted to read: | 0010| "16-6-8. [NEW MATERIAL] STATE FAIR FUND CREATED-- | 0011| DISPOSITION.-- | 0012| A. The "state fair fund" is created in the state | 0013| treasury. Except for deposits to the state fair debt fund, the | 0014| state fair fund shall consist of fees, charges and other revenue | 0015| received by the state fair commission and appropriations, gifts, | 0016| bequests, grants and donations made to the fund. Interest | 0017| accruing to the fund shall remain in the fund. Money in the fund | 0018| is first pledged as security for bonds pursuant to Section 16-6-17 | 0019| NMSA 1978 and outstanding loans of the state fair commission. | 0020| Money not pledged as security for bonds and outstanding loans may | 0021| be expended by the state fair commission pursuant to appropriation | 0022| by the legislature and budgets approved by the state budget | 0023| division of the department of finance and administration. Money | 0024| in the fund shall not revert at the end of a fiscal year. | 0025| B. The state fair fund shall be administered by the | 0001| state fair commission. Disbursements from the fund shall be made | 0002| only upon warrant drawn by the secretary of finance and | 0003| administration pursuant to vouchers signed by the state fair | 0004| manager or his designee." | 0005| Section 4. Section 16-6-10 NMSA 1978 (being Laws 1961, | 0006| Chapter 110, Section 1) is amended to read: | 0007| "16-6-10. FAIR COMMISSION--EXPENSES.--Members of the state | 0008| fair commission shall receive [no salary, but each member shall | 0009| receive fifteen dollars ($15.00) per diem while engaged in the | 0010| performance of his official duties for the commission. Members | 0011| shall also receive reimbursement for travel expenses at the rate | 0012| of eight cents ($.08) a mile for attending meetings or traveling | 0013| in connection with their duties] per diem and travel expenses as | 0014| provided in the Per Diem and Mileage Act and shall receive no | 0015| other compensation, perquisite or allowance." | 0016| Section 5. Section 16-6-15 NMSA 1978 (being Laws 1935, | 0017| Chapter 69, Section 3, as amended) is amended to read: | 0018| "16-6-15. ADDITIONAL POWERS.--In addition to the powers | 0019| [which] that it may now have, the [New Mexico] state fair [shall | 0020| have power to] commission may: | 0021| A. acquire, by purchase, gift or the exercise of the | 0022| right of eminent domain, and hold and dispose of real or personal | 0023| property or rights or interests [therein] in such property except | 0024| as limited by Section 13-6-2.1 NMSA 1978, which provisions | 0025| requiring state board of finance approval of certain actions are | 0001| applicable to the state fair. The right of eminent domain, | 0002| whenever sought to be exercised under the provisions of this | 0003| [article] section, shall be exercised in the same manner as [is | 0004| now or may hereafter be] provided for the exercise of such power | 0005| by the state or any county, municipality or school district; | 0006| B. build, construct, improve, repair or maintain | 0007| buildings, structures, improvements, grounds and equipment [which] | 0008| that may be required by or convenient for the purpose of operating | 0009| a state fair; | 0010| C. acquire any project and [to] own, operate and | 0011| maintain such project; | 0012| D. accept grants of money, materials or property of | 0013| any kind from a federal agency upon such terms and conditions as | 0014| the federal agency may impose; | 0015| E. borrow money and issue bonds and provide for the | 0016| payment of the same and for the rights of the holders [thereof] of | 0017| the bonds; provided that the commission shall not issue bonds, | 0018| negotiate loans or renegotiate loans without the prior approval of | 0019| the state board of finance; and provided further that no money | 0020| shall be borrowed or bonds issued after January 1, 1998 without | 0021| specific, additional authorization from the legislature; and | 0022| F. perform all acts and do all things necessary or | 0023| convenient to carry out the powers granted in this article, or | 0024| heretofore granted, to obtain loans or grants or both from any | 0025| federal agency and to accomplish the purposes of this article and | 0001| secure the benefits of the Recovery Act." | 0002| Section 6. [NEW MATERIAL] STATE FAIR LINES OF CREDIT-- | 0003| PAYMENTS.--The state fair commission shall rest all outstanding | 0004| balances from approved line-of-credit draws within sixty days of | 0005| the end of each annual state fair. | 0006| Section 7. [NEW MATERIAL] STATE FAIR OPERATING RESERVE.-- | 0007| By July 1, 2002, the state fair commission shall have an operating | 0008| reserve in the state fair fund from generated revenue equal to at | 0009| least fifteen percent of the previous fiscal year's operating | 0010| budget. The operating reserve shall not be expended for capital | 0011| improvements. | 0012| Section 8. [NEW MATERIAL] STATE FAIR DEBT FUND CREATED-- | 0013| ADMINISTRATION.--The "state fair debt fund" is created in the | 0014| state treasury. The fund shall consist of state fair debt | 0015| surcharge revenue and appropriations, gifts, grants, donations or | 0016| bequests made to the fund and income earned from investment of the | 0017| fund. Money in the fund shall not revert to the general fund at | 0018| the end of any fiscal year. The fund shall be administered by the | 0019| department of finance and administration, and money in the fund is | 0020| appropriated to the department to pay off the debts of the state | 0021| fair accumulated as of January 1, 1998. The department shall use | 0022| money in the state fair debt fund in conjunction with the money in | 0023| the state fair fund to pay off the state fair debts as quickly as | 0024| possible. After the debts have been paid, money in the fund shall | 0025| be transferred to the operating reserve in the state fair fund. | 0001| Section 9. [NEW MATERIAL] STATE FAIR DEBT SURCHARGE.-- | 0002| A. The state fair commission shall impose a "state | 0003| fair debt surcharge" on entrance and other fees for the use of the | 0004| state fair sufficient to generate at least three hundred fifty | 0005| thousand dollars ($350,000) in 1997, five hundred thousand dollars | 0006| ($500,000) in 1998 and seven hundred fifty thousand dollars | 0007| ($750,000) per year thereafter. The surcharge shall be deposited | 0008| in the state fair debt fund and shall be used only for payment of | 0009| state fair debt and the establishment of an operating reserve. | 0010| B. The state fair commission shall cease to collect | 0011| the surcharge when the state fair debt has been paid and the | 0012| department of finance and administration has determined that the | 0013| state fair operating reserve is sufficient. | 0014| Section 10. [NEW MATERIAL] FAIR ADMISSION--OTHER EVENTS.-- | 0015| A. Admission to any event promoted by the state fair | 0016| commission to which an admission is charged shall include the | 0017| state fair debt surcharge, and holders of free admission tickets | 0018| to such events shall pay the state fair debt surcharge. | 0019| B. The state fair commission shall adopt and | 0020| promulgate a state fairgrounds admissions policy. The policy may | 0021| include the provision of free hours of admission to the state | 0022| fair. | 0023| C. The state fair commission is limited in the number | 0024| of free state fair admission tickets it can distribute to no more | 0025| than one percent of the number of tickets sold at the previous | 0001| year's state fair. Holders of free admission tickets shall pay | 0002| the state fair debt surcharge. | 0003| Section 11. [NEW MATERIAL] SHORT TITLE.--Sections 11 | 0004| through 14 of this act may be cited as the "State Fair Commission | 0005| Appropriations Act". | 0006| Section 12. [NEW MATERIAL] DEFINITIONS.--As used in the | 0007| State Fair Commission Appropriations Act: | 0008| A. "federal funds" means payments by the United States | 0009| government or state agencies for specific purposes or in lieu of | 0010| taxes, including grants, reimbursements and payments made in | 0011| accordance with contracts or cooperative agreements and shared | 0012| revenue except those payments made in accordance with the federal | 0013| Mineral Lands Leasing Act of 1920 and the State and Local Fiscal | 0014| Assistance Act of 1972; and | 0015| B. "other state funds" means: | 0016| (1) unencumbered balances in state agency | 0017| accounts appropriated by the General Appropriation Act of 1996; | 0018| and | 0019| (2) all revenue available to state agencies from | 0020| sources other than the general fund and federal funds. | 0021| Section 13. [NEW MATERIAL] FORMAT.--The general format of | 0022| the appropriations set forth in the State Fair Commission | 0023| Appropriations Act with respect to symbols used, column headings | 0024| and stating of amounts is that used in the General Appropriation | 0025| Act of 1996. | 0001| Section 14. [NEW MATERIAL] FISCAL YEAR 1998 | 0002| APPROPRIATIONS.-- | 0003| Other | 0004| State Federal | 0005| Item Funds Funds Total | 0006| State fair commission | 0007| (a) Personal services 3,651.3 -0- | 0008| 3,651.3 | 0009| (b) Employee benefits 961.8 -0- 961.8 | 0010| Other | 0011| State Federal | 0012| Item Funds Funds Total | 0013| (c) Travel 63.6 -0- | 0014| 63.6 | 0015| (d) Maintenance and repairs 443.1 -0- 443.1 | 0016| (e) Supplies and materials 116.7 -0- 116.7 | 0017| (f) Contractual services 2,118.3 -0- 2,118.3 | 0018| (g) Operating costs 2,189.6 -0- 2,189.6 | 0019| (h) Other costs 2,489.3 -0- 2,489.3 | 0020| (i) Capital outlay 48.0 -0- 48.0 | 0021| (j) Out-of-state travel 11.5 -0- 11.5 | 0022| (k) Other financing uses 1.1 -0- 1.1 | 0023| Subtotal 12,094.3 -0- 12,094.3 | 0024| Authorized FTE: 48.0 Perm; 30.0 Temp | 0025| Category transfers and budget increases from other state | 0001| funds are specifically authorized for the state fair commission. | 0002| Such other state funds are appropriated. | 0003| Section 15. TEMPORARY PROVISION--DEPARTMENT OF FINANCE AND | 0004| ADMINISTRATION--ADMINISTRATION OF STATE FAIR FUNDS.-- | 0005| A. Notwithstanding the provisions of Subsection B of | 0006| Section 16-6-8 NMSA 1978, the department of finance and | 0007| administration shall administer the state fair fund until the | 0008| long-term and short-term debt accumulated prior to January 1, 1998 | 0009| has been paid. Until the debt accumulated prior to January 1, | 0010| 1998 has been paid, disbursements from the state fair fund shall | 0011| be made only on warrant drawn by the secretary of finance and | 0012| administration pursuant to vouchers signed by director of the | 0013| financial control division of the department or his designee and | 0014| approved by the state budget division of the department. | 0015| B. The department, in conjunction with the state | 0016| auditor, shall assign or employ a term auditor for the state fair. | 0017| The auditor may be paid from the state fair fund, but shall not be | 0018| an employee of the state fair commission. | 0019| C. The state fair commission shall present a draft | 0020| business plan and capital improvements and facilities maintenance | 0021| plan to the department and the legislative finance committee by | 0022| May 1, 1997. Final plans shall be approved by the secretary of | 0023| finance and administration by July 1, 1997. | 0024| Section 16. TEMPORARY PROVISION--ANNEXATION.--The city of | 0025| Albuquerque may annex the state fairgrounds after January 1, 1998 | 0001| unless the state fair commission disapproves of the annexation. | 0002| All gross receipts tax revenue received by the city from taxable | 0003| activity at the state fairgrounds shall be remitted to the state | 0004| fair fund. | 0005| Section 17. SEVERANCE TAX BONDS--PURPOSE FOR WHICH ISSUED-- | 0006| APPROPRIATION OF PROCEEDS.--The state board of finance may issue | 0007| and sell severance tax bonds in compliance with the Severance Tax | 0008| Bonding Act in an amount not exceeding one million two hundred | 0009| thousand dollars ($1,200,000) when the state fair commission | 0010| certifies the need for the issuance of the bonds. The state board | 0011| of finance shall schedule the issuance and sale of the bonds in | 0012| the most expeditious and economical manner possible upon a finding | 0013| by the board that the project has been developed sufficiently to | 0014| justify the issuance and that the project can proceed to contract | 0015| within a reasonable time. The state board of finance shall | 0016| further take the appropriate steps necessary to comply with the | 0017| Internal Revenue Code of 1986, as amended. The proceeds from the | 0018| sale of the bonds are appropriated to the state fair commission to | 0019| reroof, to improve or replace the heating, ventilation and air | 0020| conditioning system and to meet the Americans with Disabilities | 0021| Act of 1990 standards at Tingley coliseum at the New Mexico state | 0022| fair located in Bernalillo county. Any unexpended or unencumbered | 0023| balance remaining at the end of fiscal year 2000 shall revert to | 0024| the severance tax bonding fund. If the state fair commission has | 0025| not certified the need for the issuance of the bonds by the end of | 0001| fiscal year 1999, the authorization provided in this section shall | 0002| be void. | 0003| Section 18. APPROPRIATION.--One million dollars | 0004| ($1,000,000) is appropriated from the general fund to the state | 0005| fair debt fund for expenditure in fiscal year 1997 to pay off | 0006| debts of the state fair; provided that this appropriation is | 0007| contingent upon the city of Albuquerque providing one million five | 0008| hundred thousand dollars ($1,500,000) for the same purpose. Any | 0009| unexpended or unencumbered balance remaining at the end of fiscal | 0010| year 1997 shall not revert to the general fund. | 0011| Section 19. REPEAL.--Sections 16-6-3.1, 16-6-9, 16-6-14 and | 0012| 16-6-18 NMSA 1978 (being Laws 1994, Chapter 143, Section 6, Laws | 0013| 1913, Chapter 46, Section 8 and Laws 1935, Chapter 69, Sections 2 | 0014| and 6, as amended) are repealed. | 0015| Section 20. EMERGENCY.--It is necessary for the public | 0016| peace, health and safety that this act take effect immediately. | 0017|  |