NOTE: As provided in LFC policy, this report is intended for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.





F I S C A L I M P A C T R E P O R T





SPONSOR   SJC        DATE TYPED 02/17/99 HB           



SHORT TITLE State Parks Management Approval            SB  52/SJCS        



                                                   ANALYST  Valenzuela     



APPROPRIATION



Estimated

Appropriation Contained   Additional Impact  Recurring Fund

FY99 FY2000 FY99 FY2000 or Non-Rec Affected



$  . $ . $ . $ NFI .     



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates HB26

SOURCES OF INFORMATION



LFC Files

Energy, Minerals and Natural Resources Department



SUMMARY



Synopsis of SJC Substitute



The Senate Judiciary Committee substitute for Senate Bill 52 would amend Section 16-2-15 NMSA 1978, which authorizes the secretary of the Energy, Minerals and Natural Resources Department to transfer state parks. The committee substitute would accomplish the same goal as the original bill, but would do so simply by adding a new subsection to the existing statute.



The SJC substitute for Senate Bill 52 would prevent the State Parks Division from closing, transferring, or leasing a state park, without legislative approval.



Significant Issues



Proponents of this bill are concerned that EMNRD is not fulfilling its responsibility as steward of the state park system and that EMNRD is not sufficiently attentive to the wishes of New Mexicans in making decisions about the state park system.



EMNRD has been criticized for decertifying and closing several state parks without providing opportunities for public comments on the proposals. When citizens demanded public hearings on park decertification, EMNRD ignored citizen comments in the hearing.



Closing state parks. In 1995, four senior EMNRD officials evaluated New Mexico state parks to make recommendations on the future utilization of each park as well as to recommend which parks should be "divested" or placed "on fallow status." Since the study was completed, EMNRD has decertified five state parks. Two state parks were transferred to agencies with no previous experience operating state parks. Four parks are either partially or entirely closed as a result of the EMNRD recommendations. Control of the former state parks has been transferred to other jurisdictions--Senator Willie Chavez State Park to the Belen Independent School District (BISD); Harry McAdams State Park to the City of Hobbs; Santa Fe State Park to the City of Santa Fe; Chicosa State Park to the Village of Roy; and Coronado State Park to the New Mexico Office of Cultural Affairs (OCA). Today, Chicosa State Park is closed except for groups which get permission in advance from the Village of Roy. Senator Willie Chavez State Park is closed except for groups which get permission in advance from BISD. Coronado State Park has been closed since October 1998, because the OCA was not provided funds to operate the campground. Additionally, Manzano State Park is closed during part of the year.



Public participation. There was no opportunity for public participation in developing the EMNRD recommendations on future utilization of New Mexico state parks or for public comment on the study prior to implementation of its recommendations.



FISCAL IMPLICATIONS



There is no fiscal impact from this bill.



ADMINISTRATIVE IMPLICATIONS



Senate Bill 52 could delay action on the department's activities, if required to obtain legislative approval for modifications to contracts, joint powers agreements, or other agreements currently in place.



CONFLICT/DUPLICATION/COMPANIONSHIP/RELATIONSHIP



The bill duplicates House Bill 26.



TECHNICAL ISSUES



The bill is vague in its use of the language defining specifically which management activities fall within the purview of the bill. For instance, a reasonable concern is whether private-sector concessions contract would fall within the intent of Senate Bill 52. If so, the only time concessions contracts could be entered into would be while the legislature is in session.



According to the Energy, Minerals and Natural Resources department (EMNRD), the bill could conflict with the following statutes:



16-2-9. Concessions in parks; contracts; board of finance approval.

16-2-10. Secretary and employees prohibited from having interest in concessions.

16-2-11. Acquisition of lands for park and recreational purposes; criteria.

16-2-13. Title to park and recreational lands; acceptance.

16-2-15. Secretary's power to authorize transfer of park lands.

16-2-16. Procedure for transfer of park lands or recreational areas to state agencies, institutions or public bodies.



Senate Bill 52 does not define the procedure the EMNRD will use to obtain the legislature's approval for closing, transferring, or leasing a state park or management of a state park. Consequently, the department will be forced to obtain approval during the legislative session.



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