0001| SENATE BILL 39 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| MARY JANE M. GARCIA | 0005| | 0006| | 0007| | 0008| FOR THE LEGISLATIVE FINANCE COMMITTEE | 0009| | 0010| AN ACT | 0011| RELATING TO THE STATE FAIR; CLARIFYING THAT THE STATE FAIR IS | 0012| A STATE AGENCY FOR ALL PURPOSES; CREATING A FUND; AMENDING, | 0013| REPEALING AND ENACTING CERTAIN SECTIONS OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 16-6-4 NMSA 1978 (being Laws 1913, | 0017| Chapter 46, Section 4, as amended) is amended to read: | 0018| "16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR-- | 0019| EXHIBITS--PREMIUMS.-- | 0020| A. The state fair commission shall have power and | 0021| authority to hold annually on suitable grounds a state fair at | 0022| which shall be exhibited livestock, poultry, vegetables, | 0023| fruits, grains, grasses and other farm products; minerals, | 0024| ores and other mining exhibits; mining machinery and farm | 0025| implements and all other things which the commissioners or a | - 1 - 0001| majority thereof deem consonant with the purposes of a state | 0002| fair for the purposes of advancing the agricultural, | 0003| horticultural, ~[and]~ stock raising, mining, mechanical and | 0004| industrial pursuits of the state ~[and shall have the care of | 0005| its property and be entrusted with the entire direction of its | 0006| business and its financial affairs consistent with the | 0007| provisions of Sections 16-6-15 and 16-6-16 NMSA 1978]~. | 0008| B. The |state fair| commission, among other | 0009| duties, shall ~[prepare]~ adopt ~[publish and enforce all | 0010| necessary]~ |and promulgate pursuant to the State Rules Act| | 0011| rules for the management of the New Mexico state fair, its | 0012| meetings and exhibitions and for the guidance of its officers, | 0013| employees and exhibitors ~[The commission shall determine the | 0014| duties, compensation and tenure of office of all of its | 0015| officers and employees and may remove from office or discharge | 0016| any person appointed or employed by it at will and shall have | 0017| the power to appoint]~. | 0018| |C. Within the limitations of available | 0019| appropriations and applicable laws, including the Personnel | 0020| Act, the state fair commission shall employ and fix the | 0021| compensation of those persons necessary to discharge its | 0022| duties, including| all necessary fairgrounds police to keep | 0023| order on the grounds and in the buildings of the state fair. | 0024| The fairgrounds police so appointed shall be vested with the | 0025| same authority for such purposes as peace officers. | - 2 - 0001| |D.| The |state fair| commission shall have the | 0002| power to charge entrance fees and admissions; ~[and]~ lease | 0003| stalls, stand and restaurant sites; give prizes and premiums; | 0004| arrange entertainments; and do all things ~[which]~ |that| by | 0005| the commission may be considered proper for the conduct of the | 0006| state fair not otherwise prohibited by law. | 0007| |E.| The |state fair| commission shall prohibit | 0008| the sale or consumption of alcoholic beverages on the grounds | 0009| of the state fair except in controlled access areas within the | 0010| licensed premises. The commission or its designees shall meet | 0011| with the director of the alcohol and gaming division ~[of the | 0012| department of regulation and licensing]~ and other parties in | 0013| interest to designate the controlled access areas on which the | 0014| sale and consumption of alcoholic beverages may be permitted. | 0015| As used in this subsection, "alcoholic beverages" means | 0016| distilled or rectified spirits, potable alcohol, brandy, | 0017| whiskey, rum, gin and aromatic bitters bearing the federal | 0018| internal revenue strip stamps or any similar alcoholic | 0019| beverage, including blended or fermented beverages, dilutions | 0020| or mixtures of one or more of the foregoing containing more | 0021| than one-half of one percent alcohol, but excluding medicinal | 0022| bitters." | 0023| Section 2. Section 16-6-8 NMSA 1978 (being Laws 1913, | 0024| Chapter 46, Section 7, as amended) is repealed and a new | 0025| Section 16-6-8 NMSA 1978 is enacted to read: | - 3 - 0001| "16-6-8. [|NEW MATERIAL|] STATE FAIR FUND CREATED-- | 0002| DISPOSITION.-- | 0003| A. The "state fair fund" is created in the state | 0004| treasury. The fund shall consist of all fees, charges and | 0005| other revenue received by the state fair commission and all | 0006| appropriations, gifts, devises, bequests, grants and donations | 0007| made to the fund. Money in the fund is first pledged as | 0008| security for bonds pursuant to Section 16-6-17 NMSA 1978 and | 0009| outstanding loans of the commission. Money not pledged as | 0010| security for bonds and outstanding loans may be expended by | 0011| the commission pursuant to appropriation by the legislature | 0012| and budgets approved by the state budget division. Interest | 0013| accruing to the fund shall remain in the fund. Money in the | 0014| fund shall not revert at the end of a fiscal year. | 0015| B. The fund shall be administered by the state | 0016| fair commission. Disbursements from the fund shall be made | 0017| only upon warrant drawn by the secretary of finance and | 0018| administration pursuant to vouchers signed by the secretary of | 0019| the commission or his designee." | 0020| Section 3. Section 16-6-10 NMSA 1978 (being Laws 1961, | 0021| Chapter 110, Section 1) is amended to read: | 0022| "16-6-10. FAIR COMMISSION--EXPENSES.--Members of the | 0023| state fair commission shall receive ~[no salary, but each | 0024| member shall receive fifteen dollars ($15.00) per diem while | 0025| engaged in the performance of his official duties for the | - 4 - 0001| commission. Members shall also receive reimbursement for | 0002| travel expenses at the rate of eight cents ($.08) a mile for | 0003| attending meetings or traveling in connection with their | 0004| duties]~ |per diem and travel expenses as provided in the Per | 0005| Diem and Mileage Act and shall receive no other compensation, | 0006| perquisite or allowance|." | 0007| Section 4. Section 16-6-15 NMSA 1978 (being Laws 1935, | 0008| Chapter 69, Section 3, as amended) is amended to read: | 0009| "16-6-15. ADDITIONAL POWERS.--In addition to the powers | 0010| ~[which]~ |that| it may now have, the New Mexico state fair | 0011| ~[shall have power to]~ |commission may|: | 0012| A. acquire, by purchase, gift or the exercise of | 0013| the right of eminent domain, and hold and dispose of real or | 0014| personal property or rights or interests ~[therein]~ |in such | 0015| property| except as limited by Section 13-6-2.1 NMSA 1978, | 0016| which provisions requiring state board of finance approval of | 0017| certain actions are applicable to the state fair |commission|. | 0018| The right of eminent domain ~[whenever sought to be exercised | 0019| under the provisions of this article]~ shall be exercised in | 0020| the same manner as is ~[now or may hereafter be]~ provided for | 0021| the exercise of such power by the state or any county, | 0022| municipality or school district; | 0023| B. build, construct, improve, repair or maintain | 0024| buildings, structures, improvements, grounds and equipment | 0025| ~[which]~ |that| may be required by or convenient for the | - 5 - 0001| purpose of operating a state fair; | 0002| C. acquire any project and ~[to]~ own, operate and | 0003| maintain such project; | 0004| D. accept grants of money, materials or property | 0005| of any kind from a federal agency upon such terms and | 0006| conditions as the federal agency may impose; | 0007| E. borrow money and issue bonds and provide for | 0008| the payment of the same and for the rights of the holders | 0009| ~[thereof]~ |of the bonds|; provided that the |state fair| | 0010| commission shall not issue bonds, negotiate loans or | 0011| renegotiate loans without the prior approval of the state | 0012| board of finance; and |provided further that no money shall be | 0013| borrowed or bonds issued after January 1, 1998 without | 0014| specific, additional authorization from the legislature; and| | 0015| F. perform all acts and do all things necessary or | 0016| convenient to carry out the powers granted in this article, or | 0017| heretofore granted, to obtain loans or grants or both from any | 0018| federal agency and to accomplish the purposes of ~[this | 0019| article and secure the benefits of the Recovery Act]~ | 0020| |Sections 16-6-1 through 16-6-22 NMSA 1978|." | 0021| Section 5. REPEAL.--Sections 16-6-3.1, 16-6-9, 16-6-14 | 0022| and 16-6-18 NMSA 1978 (being Laws 1994, Chapter 143, Section | 0023| 6, Laws 1913, Chapter 46, Section 8 and Laws 1935, Chapter 69, | 0024| Sections 2 and 6, as amended) are repealed. | 0025|  | - 6 -