44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
RELATING TO STATE PARKS; TRANSFERRING THE STATE PARKS DIVISION FROM THE ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT TO THE TOURISM DEPARTMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. 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 to the public project revolving fund administered by the New Mexico finance authority in an amount equal to seventy-five percent of the net receipts attributable to the governmental gross receipts tax.
B. A distribution pursuant to Section 7-1-6.1 NMSA
1978 shall be made to the energy, minerals and natural
resources department and the tourism department in an amount
equal to twenty-five percent of the net receipts attributable
to the governmental gross receipts tax. Forty 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 sixty percent
of the distribution is appropriated to the [energy, minerals
and natural resources] tourism department for state park and
recreation area capital improvements, including the costs of
planning, engineering, design, construction, renovation,
repair, equipment and furnishings.
C. 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, tourism department 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 department or the
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 department, or the 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 are fully met and
discharged. [The New Mexico finance authority and the energy,
minerals and natural resources department are authorized to
include] This pledge and agreement of the state shall be
included in any agreement with the holders of the bonds or
notes."
Section 2. 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". 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; [which shall
include a soil and water conservation bureau
(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 3. Section 9-5A-4 NMSA 1978 (being Laws 1987, Chapter 234, Section 4, as amended) 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 and monitor state and federal energy conservation and alternative energy technology programs;
C. the forestry division shall enforce and
administer [all] laws and [regulations] rules relating to
forestry on lands within the state;
D. the mining and minerals division shall enforce
and administer laws and [regulations] rules relating to mine
safety, coal surface mine reclamation and abandoned mine lands
reclamation; and
E. the oil conservation division shall administer
[the] laws and [regulations] rules relating to oil, gas and
geothermal resources, except those laws specifically
administered by another authority [and
F. the state park and recreation division shall
develop, maintain, manage and supervise all state parks and
state-owned or state-leased recreation areas]."
Section 4. Section 9-15A-3 NMSA 1978 (being Laws 1991, Chapter 21, Section 3, as amended) is amended to read:
"9-15A-3. DEPARTMENT ESTABLISHED.--There is created in
the executive branch the "tourism department". The department
shall be a cabinet department and shall consist of [but not be
limited to, three] four divisions as follows:
A. the travel and marketing division;
B. the New Mexico magazine division; [and]
C. the administrative services division; and
D. the state parks division."
Section 5. Section 16-2-2 NMSA 1978 (being Laws 1977, Chapter 254, Section 113, as amended) is amended to read:
"16-2-2. STATE PARK AND RECREATION ADVISORY COMMITTEE CREATED--MEMBERSHIP--COMPENSATION--DUTIES.--
A. The "state park and recreation advisory
committee" to the state [park and recreation division of the
energy, minerals and natural resources] parks division of the
tourism department is created. It shall be composed of seven
to eleven members appointed by the governor.
B. The parks and recreation advisory committee
shall provide advice and make recommendations relating to the
administration of [the state park and recreation division]
parks and recreation areas. 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] state parks
division.
C. The parks and recreation advisory committee shall meet quarterly or at the call of the chairman.
D. [Each member of] The parks and recreation
advisory committee shall annually elect a chairman and vice
chairman from its membership. The [director of the state park
and recreation] state parks division [of the energy, minerals
and natural resources department] shall [serve as the
executive secretary of] staff the committee."
Section 6. 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] means the state [park and recreation] parks
division of the [energy, minerals and natural resources]
tourism department. As used in Chapter 16 NMSA 1978,
"secretary" means the secretary of [energy, minerals and
natural resources] tourism."
Section 7. 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 8. TEMPORARY PROVISION--TRANSFER OF PROPERTY, CONTRACTS AND STATUTORY REFERENCES.--
A. On July 1, 1999, all personnel, money, appropriations, records, equipment, furnishings and other property belonging to the state parks division of the energy, minerals and natural resources department shall be transferred to the state parks division of the tourism department.
B. On July 1, 1999, all existing contracts and other obligations 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 July 1, 1999, all references in law to the state park recreation division or the state parks division of the energy, minerals and natural resources department shall be construed to be references to the state parks division of the tourism department.
Section 9. REPEAL.--Section 9-5A-6.1 NMSA 1978 (being Laws 1997, Chapter 149, Section 3) is repealed.
Section 10. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 1999.