0001| SENATE BILL 740
|
0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
|
0003| INTRODUCED BY
|
0004| JOHN ARTHUR SMITH
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO STATE PARKS; CREATING THE STATE PARK AND RECREATION
|
0012| COMMISSION; PROVIDING POWERS AND DUTIES; AMENDING, REPEALING
|
0013| AND ENACTING SECTIONS OF THE NMSA 1978.
|
0014|
|
0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0016| Section 1. Section 9-5A-4 NMSA 1978 (being Laws 1987,
|
0017| Chapter 234, Section 4) is amended to read:
|
0018| "9-5A-4. DIVISIONS--DUTIES.--In addition to the duties
|
0019| assigned to each division of the energy, minerals and natural
|
0020| resources department by the secretary of energy, minerals and
|
0021| natural resources:
|
0022| A. the administrative services division shall
|
0023| provide clerical, recordkeeping and administrative support to
|
0024| the department in the areas of personnel, budget, procurement
|
0025| and contracting;
|
0001| B. the energy conservation and management division
|
0002| shall plan, administer, review, provide technical assistance,
|
0003| maintain records and monitor state and federal energy
|
0004| conservation and alternative energy technology programs;
|
0005| C. the forestry division shall enforce and
|
0006| administer all laws and regulations relating to forestry and
|
0007| soil and water conservation on lands within the state;
|
0008| D. the mining and minerals division shall enforce
|
0009| and administer laws and regulations relating to mine safety,
|
0010| coal surface mine reclamation and abandoned mine lands
|
0011| reclamation;
|
0012| E. the oil conservation division shall administer
|
0013| the laws and regulations relating to oil, gas and geothermal
|
0014| resources, except those laws specifically administered by
|
0015| another authority; and
|
0016| F. the state park and recreation division shall
|
0017| develop, maintain, manage and supervise all state parks and
|
0018| state-owned or state-leased recreation areas pursuant to rules
|
0019| and regulations adopted by the state park and recreation
|
0020| commission."
|
0021| Section 2. A new section of Chapter 16, Article 2 NMSA
|
0022| 1978 is enacted to read:
|
0023| "[NEW MATERIAL] DEFINITIONS.--As used in Chapter 16,
|
0024| Article 2 NMSA 1978:
|
0025| A. "commission" means the state park and
|
0001| recreation commission;
|
0002| B. "department" means the energy, minerals and
|
0003| natural resources department; and
|
0004| C. "secretary" means the secretary of energy,
|
0005| minerals and natural resources."
|
0006| Section 3. A new section of Chapter 16, Article 2 NMSA
|
0007| 1978 is enacted to read:
|
0008| "[NEW MATERIAL] COMMISSION CREATED--MEMBERS--TERMS--
|
0009| COMPENSATION--ADMINISTRATIVE ATTACHMENT.--
|
0010| A. The "state park and recreation commission" is
|
0011| created, consisting of nine members appointed by the governor,
|
0012| with the advice and consent of the senate. The commission
|
0013| shall be geographically balanced and broadly representative of
|
0014| state park users and outdoor recreation enthusiasts.
|
0015| B. Initially, three members shall be appointed to
|
0016| the commission for terms ending June 30, 1999, three members
|
0017| for terms ending June 30, 2001 and three members for terms
|
0018| ending June 30, 2003. Thereafter, appointments shall be for
|
0019| six years, expiring on June 30 of every odd-numbered year.
|
0020| C. A majority of the members of the commission
|
0021| constitutes a quorum for transaction of business. The
|
0022| commission shall elect a chairman from its membership.
|
0023| D. Members of the commission shall be reimbursed as
|
0024| provided in the Per Diem and Mileage Act and shall receive no
|
0025| other compensation, perquisite or allowance.
|
0001| E. The commission shall be administratively
|
0002| attached to the department."
|
0003| Section 4. Section 16-2-7 NMSA 1978 (being Laws 1935,
|
0004| Chapter 57, Section 7, as amended) is amended to read:
|
0005| "16-2-7. RULES AND REGULATIONS.--The [secretary]
|
0006| commission shall promulgate and adopt rules and regulations
|
0007| for each park, including the setting of fees, as
|
0008| circumstances may demand to the end that each state park may be
|
0009| made as nearly self-supporting as possible."
|
0010| Section 5. Section 16-2-9 NMSA 1978 (being Laws 1935,
|
0011| Chapter 57, Section 9, as amended) is amended to read:
|
0012| "16-2-9. CONCESSIONS IN PARKS--CONTRACTS STATE BOARD OF
|
0013| FINANCE APPROVAL.--The [secretary] commission has the power
|
0014| to grant concessions in state parks and recreation areas upon
|
0015| such rentals, fees or percentage of income or profits as [he]
|
0016| the commission may prescribe, but not for a longer period
|
0017| than thirty years. All concessions shall be evidenced by a
|
0018| written contract, the faithful performance of which shall be
|
0019| secured by such bond as the [secretary] commission may
|
0020| prescribe. No contract granting a concession shall be
|
0021| effective until it has been approved by the state board of
|
0022| finance."
|
0023| Section 6. Section 16-2-10 NMSA 1978 (being Laws 1935,
|
0024| Chapter 57, Section 10, as amended) is amended to read:
|
0025| "16-2-10. SECRETARY, EMPLOYEES AND COMMISSIONERS
|
0001| PROHIBITED FROM HAVING INTEREST IN CONCESSIONS.--Neither the
|
0002| secretary nor any member of the energy, minerals and natural
|
0003| resources department or the commission shall have any
|
0004| interest in, directly or indirectly, or in any manner be
|
0005| connected with any concession granted to any person within any
|
0006| state park or recreation area."
|
0007| Section 7. Section 16-2-14 NMSA 1978 (being Laws 1935,
|
0008| Chapter 57, Section 13, as amended) is amended to read:
|
0009| "16-2-14. PRIOR DONATIONS AND GRANTS ACCEPTED AND
|
0010| CONFIRMED.--Lands heretofore donated or granted to the state or
|
0011| its governor and his successors in office, in trust for the
|
0012| state and the people thereof, for state park and recreation
|
0013| purposes are hereby approved, ratified and accepted as state
|
0014| parks and recreation areas, and the [state park and recreation
|
division] commission shall designate appropriate names for
|
0016| each of [said] the state parks and recreation areas."
|
0017| Section 8. REPEAL.--Sections 16-2-2 and 16-2-3 NMSA 1978
|
0018| (being Laws 1977, Chapter 254, Sections 113 and 12, as amended)
|
0019| are repealed.
|
0020| Section 9. EFFECTIVE DATE.--The effective date of the
|
0021| provisions of this act is July 1, 1997.
|
0022|
|