reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 8 - Transportation Services › Section 15-8-3 - Definitions.

As used in the Transportation Services Act:
A. "director" means the director of the division;
B. "division" means the transportation services division of the general services department;
C. "protective license plate" means a regular passenger license plate issued to a state vehicle that is in the custody of a state agency, can be traced to that state agency and is being used for sensitive activities;
D. "secretary" means the secretary of general services;
E. "sensitive activity" means an activity performed by an employee of the state that:
(1) is authorized by the state to be performed for a legitimate and appropriate purpose for the state, other than a legitimate undercover law enforcement purpose; and
(2) would place the employee at a higher risk of personal injury if knowledge of the activity were made public, as determined in writing by an appropriate supervising authority of the employee;
F. "state agency" means a state department, agency, board or commission but does not include the legislative and judicial branches, public schools and institutions of higher education;
G. "state vehicle" means an automobile, van, sport-utility truck, pickup truck or other vehicle with a declared gross vehicle weight of less than ten thousand pounds used by a state agency to transport passengers or property; and
H. "undercover license plate" means a regular passenger license plate issued to a state vehicle that is registered in a fictitious name and address that cannot be traced to the state agency having custody of the vehicle and that is being used for legitimate law enforcement purposes only.
History:
Laws 1994, ch. 119, § 3; 1995, ch. 161, § 5; 2007, ch. 29, § 2; 2010, ch. 57, § 1; 2013, ch. 66, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, defined additional terms related to protective and undercover license plates; and added Subsections C, E and H.
The 2010 amendment,
effective May 19, 2010, in Subsection D, after "board or commission", deleted "including" and added "but does not include", and after "judicial branches", deleted "but not including".
The 2007 amendment,
effective July 1, 2007, deleted former Subsection A, which defined "department" as the general services department; changed the definition of "state agency" in Subsection D to include the legislative and judicial branches, but to exclude public schools and institutions of higher learning; and in Subsection E, changed to the definition of "state vehicle" to include vehicles with a declared gross weight of less that ten thousand pounds.
The 1995 amendment,
effective June 1, 1995, substituted "transportation services" for "motor pool" in the introductory language and in Subsection C.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 8 - Transportation Services › Section 15-8-4 - Division created.

The "transportation services division" is created in the general services department. The director shall be appointed by the secretary with the consent of the governor. Staff of the division shall be covered by the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1994, ch. 119, § 4; 1995, ch. 161, § 6; 2007, ch. 29, § 3.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed "department" to "general services department".
The 1995 amendment,
effective June 1, 1995, substituted "transportation services" for "motor pool" in the first sentence.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 8 - Transportation Services › Section 15-8-7 - Purchase of state vehicles; Procurement Code; equipment.

A. All state vehicle purchases shall be pursuant to the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978]. All purchases of state vehicles, even those not assigned to the motor pool, shall be approved by the director.
B. Subject to legislative appropriations and directives and the approval of the secretary, the director shall determine the type and number of state vehicles to be purchased each year and how they shall be equipped.
History:
Laws 1994, ch. 119, § 7.
ANNOTATIONS
Purchase through budget transfers.
— This section does not provide that motor vehicle purchases may be approved only if specifically provided in the agency budget in its originally approved form, and where the general appropriation act gives the state budget division the authority to increase agency budgets and to transfer funds between budget categories, vehicle acquisitions may be provided either in the originally approved operating budget submitted by the state agency to the state budget division and then provided to the legislature, or in the approval budget as amended by approved budget transfers and increases that the state budget division approves, provided that the budget and any amendments to it must provide that the funds are to be used specifically for the purchase or lease of motor vehicles. 1987 Op. Att'y Gen. No. 87-32 (rendered under former 15-3-26 NMSA 1978).
Budget transfers effect on legislature's appropriation authority.
— The use of budget adjustment requests to place funds in the capital outlay budget category for the purpose of purchasing vehicles does not infringe upon or usurp the legislature's authority to make agency appropriations. 1987 Op. Att'y Gen. No. 87-32 (rendered under former 15-3-26 NMSA 1978).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Use of automobile as corporate or governmental function, 110 A.L.R. 1117, 156 A.L.R. 714.
81A C.J.S. States § 145.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 8 - Transportation Services › Section 15-8-9 - Vehicle title.

Title to all state vehicles shall be in the name of the division.
History:
Laws 1994, ch. 119, § 9; 2007, ch. 29, § 6.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the requirement that title to vehicles be held in the name of the state to the requirement that title to vehicles be held in the name of the division; deleted the requirement that titles, even to state vehicles not in the custody of the division, be kept by the division; and deleted the requirement that the division provide for the security of vehicle titles.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 8 - Transportation Services › Section 15-8-10 - Rules.

The division shall adopt and file in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules to carry out the provisions of the Transportation Services Act.
History:
Laws 1994, ch. 119, § 10; 1995, ch. 161, § 7; 2007, ch. 29, § 7.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, deleted the phrase "and regulations".
The 1995 amendment,
effective June 1, 1995, substituted "Transportation Services Act" for "Motor Pool Act".
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 8 - Transportation Services › Section 15-8-11 - Report to legislature.

The division shall provide an annual report to the legislature that includes information on the operations of the division, including reports on Motor Vehicle Code [66-1-1 NMSA 1978] violations, accidents and insurance claims involving state vehicles owned or leased by the division; major maintenance costs; and purchases and sales of motor vehicles. The report shall be deemed to have been provided to the legislature when filed with the legislative council service and the legislative finance committee. The division shall make copies available to individual legislators upon request.
History:
Laws 1994, ch. 119, § 11; 2007, ch. 29, § 8.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, added the qualification that state vehicles be owned or leased by the division and deleted the requirement that the report include information about the progress of the division in carrying out the provisions of the Alternative Fuel Acquisition Act.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 9 - State Aircraft › Section 15-9-1 - Short title.

Chapter 15, Article 9 NMSA 1978 may be cited as the "State Aircraft Act".
History:
Laws 1994, ch. 135, § 1; 1995, ch. 49, § 1.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, substituted "Chapter 15, Article 9 NMSA 1978" for "This act".
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 9 - State Aircraft › Section 15-9-2 - Definitions.

As used in the State Aircraft Act [Chapter 15, Article 9 NMSA 1978]:
A. "department" means the general services department; and
B. "state aircraft" means all state airplanes used primarily to transport passengers.
History:
Laws 1994, ch. 135, § 2.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 9 - State Aircraft › Section 15-9-3 - Aircraft consolidation; department duties.

A. All state aircraft shall be consolidated in the department for the use of the state's agencies, departments, branches and institutions.
B. The department shall:
(1) adopt and file in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] rules and regulations to carry out the provisions of the State Aircraft Act;
(2) own, operate and maintain the state's aircraft fleet;
(3) provide centralized statewide scheduling of aircraft;
(4) designate destination airports;
(5) determine travel charges for state aircraft services;
(6) determine use requirements, including the number of required passengers per flight and under what conditions persons other than state officers and employees are allowed to travel in state aircraft; and
(7) determine other requirements it deems appropriate or fiscally responsible.
C. The department may refuse a request for state aircraft scheduling.
History:
Laws 1994, ch. 135, § 3.
ANNOTATIONS
Cross references.
— For transfer of state-owned aircraft and related personnel, property and obligations,
see
15-9-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 9 - State Aircraft › Section 15-9-4 - Travel charges.

The department shall charge for the use of state aircraft. Charges shall be sufficient to offset the costs of operation, maintenance and depreciation of state aircraft. Money collected for travel charges shall be deposited in the aviation services fund.
History:
Laws 1994, ch. 135, § 4; 1995, ch. 49, § 2.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, substituted "aviation services fund" for "general fund" in the third sentence.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 9 - State Aircraft › Section 15-9-4.1 - Aviation services fund.

There is created in the state treasury the "aviation services fund". Money in the fund is appropriated to the general services department for the purpose of operating, maintaining and repairing state aircraft, including fuel, insurance, pilot compensation and other basic support costs. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the motor pool division of the general services department. Money in the fund shall not revert at the end of any fiscal year.
History:
Laws 1995, ch. 49, § 3.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 9 - State Aircraft › Section 15-9-5 - Temporary provision; transfer of aircraft, personnel, money, appropriations, furniture, supplies and other property and contractual obligations.

On the effective date of the State Aircraft Act, the passenger aircraft owned by the state corporation commission [public regulation commission], the energy, minerals and natural resources department and the state highway and transportation department shall be transferred to the general services department, and title to the aircraft shall be transferred to the general services department. On the effective date of the State Aircraft Act, the personnel, money, appropriations, furniture, supplies and other property attributable to the ownership, operation or maintenance of passenger aircraft in the state corporation commission [public regulation commission], the energy, minerals and natural resources department and the state highway and transportation department shall be transferred to the general services department. On the effective date of the State Aircraft Act, contractual obligations related to the ownership, operation or maintenance of passenger aircraft of the state corporation commission [public regulation commission], the energy, minerals and natural resources department and the state highway and transportation department shall be binding on the general services department.
History:
Laws 1994, ch. 135, § 5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the state corporation commission be construed as references to the public regulation commission.
2023 New Mexico Statutes › Chapter 15 - Administration of Government › Article 11 - Building Services Division (Repealed.) › Section 15-11-1 - Repealed.

History:
Laws 2001, ch. 108, § 1; repealed by Laws 2013, ch. 115, § 31.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 115, § 31 repealed 15-11-1 NMSA 1978, as enacted by Laws 2001, ch. 108, § 1, relating to building services division powers and duties, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 1 - Outdoor Recreation Resources › Section 16-1-1 - Short title.

This act [16-1-1 to 16-1-3 NMSA 1978] may be cited as the "Outdoor Recreation Act."
History:
1953 Comp., § 4-9B-1, enacted by Laws 1973, ch. 388, § 1.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 1 - Outdoor Recreation Resources › Section 16-1-2 - State supplemental fund.

There is hereby established the "state supplemental land and water conservation fund" in the office of the state treasurer.
History:
1953 Comp., § 4-9B-2, enacted by Laws 1973, ch. 388, § 2.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 1 - Outdoor Recreation Resources › Section 16-1-3 - Administration; state-federal-local cost sharing formula; limitations.

A. The energy, minerals and natural resources department shall administer the state supplemental land and water conservation fund and shall process all applications for grants from the state supplemental land and water conservation fund. Funds from the state supplemental land and water conservation fund shall be made available only upon the condition that the proceeds are matched by federal funds and other funds on the following basis: at least fifty percent federal funds, not more than twenty-five percent state funds and the remainder by funds of political subdivisions.
B. Incorporated municipalities with a population of less than fifteen thousand persons according to the latest federal decennial census or counties sponsoring projects of unincorporated communities, including but not limited to Indian communities, shall be entitled to receive funds from the state supplemental land and water conservation fund as prescribed and approved by the recreation priorities committee. Projects proposed must be in accordance with provisions of the Land and Water Conservation Fund Act of 1965, U.S.C. Section 460, and the regulations contained in the United States department of the interior, bureau of outdoor recreation and grants-in-aid manual. Funds shall be made available from the state supplemental land and water conservation fund only in the event that the United States department of the interior provides fifty percent of the project cost. State funds shall be made available for expenditure by the applicant political subdivision once the project is approved by the United States department of the interior and the applicant demonstrates the availability and source of funds required for its share in the total project cost.
History:
1953 Comp., § 4-9B-3, enacted by Laws 1973, ch. 388, § 3; 1977, ch. 254, § 40; 1987, ch. 234, § 10.
ANNOTATIONS
Cross references.
— For provisions of the Federal Land and Water Conservation Fund Act of 1965,
see
16 U.S.C. §§ 460d, 460l-4 to 460l-11 and note to 23 U.S.C. § 120.
The 1987 amendment,
effective July 1, 1987, in Subsection A, inserted "energy, minerals and" preceding "natural resources" at the beginning; and, in Subsection B, in the second sentence deleted "bureau of outdoor recreation of the" preceding "United States department of the interior."
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 1 - Outdoor Recreation Resources › Section 16-1-4 - Outdoor recreation plan.

The energy, minerals and natural resources department shall prepare, maintain and keep up to date a comprehensive plan for the development of the outdoor recreation resources of the state and may apply to any appropriate agency or officer of the United States for participation in or the receipt of aid from any federal program respecting outdoor recreation and enter into contracts and agreements with the United States or any appropriate agency thereof, keep financial or other records relating thereto and furnish to appropriate officials and agencies of the United States such reports and information as may be reasonably necessary to enable the officials and agencies to perform their duties under such programs.
History:
1953 Comp., § 4-9B-3.1, enacted by Laws 1977, ch. 254, § 41; 1987, ch. 234, § 11.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, inserted "energy, minerals and" preceding "natural resources" near the beginning of the section.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 16-2-1 NMSA 1978, as amended by Laws 1977, ch. 254, § 11, relating to the state park and recreation division, effective July 1, 1987. For creation of state park and recreation division of the energy, minerals and natural resources department,
see
9-5A-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-2 - State parks advisory board created; membership; compensation; duties.

A. The "advisory board" to the state parks division of the energy, minerals and natural resources department is created. It shall be composed of seven to eleven members appointed by the governor.
B. The advisory board shall provide advice and make recommendations relating to the administration of the state parks division. It shall advise on all matters of policy, regulations, the formulation of a comprehensive statewide recreation plan and such other matters as may be requested by the director of that division.
C. The advisory board shall meet quarterly or at the call of the chairman.
D. Each member of the advisory board shall annually elect a chairman and vice chairman from its membership. The director of the state parks division shall serve as the executive secretary of the board.
History:
1978 Comp., § 16-2-2, enacted by Laws 1977, ch. 254, § 113; 1987, ch. 234, § 12; 2005, ch. 228 , § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed "advisory committee" to "advisory board".
The 1987 amendment,
effective July 1, 1987, inserted "advisory" preceding "committee" once in each subsection; in Subsections A and D, inserted "energy, minerals and" preceding "natural resources"; in Subsection B, inserted "state park and recreation" preceding "division" near the end of the first sentence and made a minor language change in the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
State's liability for personal injuries from criminal attack in state park, 59 A.L.R.4th 1236.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-2.1 - State park volunteers.

A. The state parks division of the energy, minerals and natural resources department may develop a program to recruit, train and accept the services of volunteers who support programs administered by the division. Volunteers may provide services for or in aid of interpretive functions, visitor services, conservation measures and development or other activities in and related to state parks and other conservation and natural resource activities administered by the division. Volunteers shall comply with applicable rules and policies of the department and the division.
B. A volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation and state employee benefits.
C. A volunteer traveling at the request of the state parks division may receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] as well as reimbursement for uniforms, supplies and equipment used for the volunteer's work at the park; provided that the director of the division shall not authorize any reimbursement in excess of the value of services rendered to the division by the volunteer.
D. A volunteer may use state vehicles in the performance of division-related duties subject to those rules governing use of state vehicles by paid staff. A volunteer performing work under the terms of this section and who operates a state vehicle shall be treated for the purposes of insurability and tort claims liability as an employee of the state.
E. A volunteer may use state computers in the performance of division-related duties, subject to those rules, policies and directives governing use of state computers by state employees.
History:
Laws 2005, ch. 39, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 39. contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 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 the state park and recreation division [state parks division] of the energy, minerals and natural resources department. As used in Chapter 16 NMSA 1978, "secretary" means the secretary of energy, minerals and natural resources.
History:
1953 Comp., § 4-9-2, enacted by Laws 1977, ch. 254, § 12; 1987, ch. 234, § 13.
ANNOTATIONS
Repeals and reenactments.
— Laws 1977, ch. 254, § 12, repealed 4-9-2, 1953 Comp., relating to the appointment and terms of the members of the state park and recreation commission, and enacted a new section.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
The 1987 amendment,
effective July 1, 1987, substituted "1978" for "1953" near the middle of the first sentence and near the end inserted "energy, minerals and" preceding "natural resources," and added the second sentence.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealeds 16-2-4 NMSA 1978, as amended by Laws 1977, ch. 254, § 13, relating to the office of the state park and recreation division, effective July 1, 1987. For present comparable provisions,
see
16-2-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-5 - Director of division; qualifications.

The director of the state park and recreation division [state parks division] of the energy, minerals and natural resources department shall be qualified for that office if he has:
A. education and practical field experience in the field of parks and recreation; and
B. demonstrated administrative capabilities in parks management.
History:
Laws 1935, ch. 57, § 4; 1941 Comp., § 4-104; 1953 Comp., § 4-9-4; Laws 1963, ch. 98, § 4; 1965, ch. 14, § 2; 1977, ch. 254, § 14; 1987, ch. 234, § 14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
Cross references.
— For appointment of director,
see
9-5A-6 NMSA 1978.
The 1987 amendment,
effective July 1, 1987, rewrote the section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 16-2-6 NMSA 1978, as amended by Laws 1977, ch. 254, § 16, relating to purchases by the state park and recreation division, effective July 1, 1987. For present comparable provisions,
see
16-2-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-7 - Rules and regulations.

The secretary shall promulgate and adopt rules for each park as circumstances may demand to the end that each state park may be made as nearly self-supporting as possible. The secretary shall also adopt rules to regulate the construction and maintenance of boat docks for a lake that is a part of a state park.
History:
Laws 1935, ch. 57, § 7; 1941 Comp., § 4-107; 1953 Comp., § 4-9-7; Laws 1963, ch. 98, § 7; 1977, ch. 254, § 17; 1987, ch. 234, § 15; 1999, ch. 39, § 1.
ANNOTATIONS
Cross references.
— For watercraft regulatory laws, administration and enforcement,
see
66-12-1 NMSA 1978 et seq.
The 1999 amendment,
effective June 18, 1999, deleted "and regulations" following "adopt rules", and added the last sentence.
The 1987 amendment,
effective July 1, 1987, substituted "the secretary shall promulgate and adopt" for "the division shall issue and publish rules and regulations pertaining to and governing the development, maintenance, upkeep, management and use of state park and recreation areas and may prescribe different" and deleted the former last sentence, which read "Every such rule or regulations shall be filed in accordance with the State Rules Act."
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-7.1 - Free state park passes to disabled veterans.

A. The state parks division of the energy, minerals and natural resources department shall provide to a fifty percent or more disabled veteran residing in the state:
(1) one day-use pass for unlimited entry into state parks or recreation areas operated by the division; and
(2) one three-day camping pass per year for the use of camping areas operated by the division, whether for consecutive or nonconsecutive days.
B. Proof of disability satisfactory to the division is required to obtain the free passes.
History:
Laws 1999, ch. 174, § 2; 2007, ch. 13, § 1.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the former provision in Subsection A that provided for a one-day use pass for entry into a state park for a one-hundred percent disabled veteran to provide for passes to a fifty percent or more disabled veteran; added Paragraph (1) of Subsection A to provide for a one-day use pass; and added Paragraph (2) of Subsection A to provide for a three-day camping pass.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 16-2-8 NMSA 1978, as amended by Laws 1977, ch. 254, § 18 relating to the use of public parks and recreation areas, effective July 1, 1987. For present comparable provisions,
see
16-2-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-9 - Concessions in parks; contracts; board of finance approval.

The secretary has the power to grant concessions in [the] state parks and recreation areas upon such rentals, fees or percentage of income or profits as he may prescribe, but not for a longer period than thirty years. All concessions shall be evidenced by a written contract, the faithful performance of which shall be secured by such bond as the secretary may prescribe. No contract granting a concession shall be effective until it has been approved by the state board of finance.
History:
Laws 1935, ch. 57, § 9; 1941 Comp., § 4-109; 1953 Comp., § 4-9-9; Laws 1961, ch. 114, § 1; 1963, ch. 98, § 9; 1973, ch. 81, § 1; 1977, ch. 254, § 19; 1987, ch. 234, § 16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The 1987 amendment,
effective July 1, 1987, substituted "secretary" for "director" near the beginning of the first sentence and near the end of the second sentence.
Procedure in granting concession contracts.
— The state park commission (now the state parks division) need not advertise or invite bids from prospective licensees but may negotiate and exercise its discretionary authority in granting concession contracts. 1960 Op. Att'y Gen. No. 60-12.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-9.1 - State park passes; vendors.

The director of the state parks division of the energy, minerals and natural resources department may authorize vendors to sell state park passes, permits and other state park products in compliance with rules adopted by the secretary. A vendor authorized to sell park passes, permits or other state park products may retain a portion of the sale price.
History:
Laws 2005, ch. 174, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 174 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 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 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.
History:
Laws 1935, ch. 57, § 10; 1941 Comp., § 4-110; 1953 Comp., § 4-9-10; Laws 1963, ch. 98, § 10; 1965, ch. 14, § 3; 1977, ch. 254, § 20; 1987, ch. 234, § 17.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, inserted "energy, minerals and" preceding "natural resources."
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-12 - Acquisition of federal land for park and recreational uses.

The legislature of New Mexico, taking cognizance that the federal government, under the provisions of the Recreation and Public Purposes Act of June 14, 1926, as amended, has authorized the department of the interior to sell to the states federal land at a price of two dollars fifty cents ($2.50) per acre or to lease to the states land at the price of twenty-five cents ($.25) per acre a year, for recreational purposes, and the legislature taking further cognizance of the fact that public park and recreation areas are of vital importance in the development and growth of this state, and noting that valuable and scenic land areas within New Mexico may be purchased or leased at minimal cost for development as park and recreational areas from either private or federal ownership, hereby authorizes the state park and recreation division [state parks division] to purchase or lease such lands in the name of the state.
History:
1953 Comp., § 4-9-11.1, enacted by Laws 1963, ch. 149, § 1; 1977, ch. 254, § 22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
Cross references.
— For the Recreation and Public Purposes Act of June 14, 1926,
see
43 U.S.C. §§ 869 to 869-4.
State officials proper defendants in action on lease agreement.
— In an action alleging that state officials, acting under this section and Sections 16-2-11 and 16-2-13 NMSA 1978 in authorizing the development of recreation areas under a lease agreement with the United States, violated federal law, the state officials, and not the state, were the proper defendants, since the state cannot "authorize" officials to violate federal law.
Elephant Butte Irrigation Dist. v. Dep't of Interior
, 160 F.3d 602 (10th Cir. 1998), cert. denied, 526 U.S. 1019, 119 S. Ct. 1255, 143 L. Ed. 2d 352 (1999).
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-13 - Title to park and recreational lands; acceptance.

Title to or right in property to be used for state park or state recreational purposes may be taken in the name of the "State of New Mexico" or in the name of the "Governor of the State of New Mexico and the people thereof". But no such property or rights therein shall be acquired by the state for state park or state recreational purposes until the property or rights therein have been duly accepted by written agreement of the secretary or by act of the state legislature and an appropriate name has been designated for such park or state recreational area.
History:
Laws 1935, ch. 57, § 12; 1941 Comp., § 4-112; Laws 1941, ch. 100, § 2; 1953 Comp., § 4-9-12; Laws 1963, ch. 98, § 12; 1977, ch. 254, § 23; 1987, ch. 234, § 18.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in the second sentence substituted "secretary" for "state park and recreation director" and made minor changes in language in the sentence.
State officials proper defendants in action on lease agreement.
— In an action alleging that state officials, acting under this section and Sections 16-2-11 and 16-2-12 NMSA 1978 in authorizing the development of recreation areas under a lease agreement with the United States, violated federal law, the state officials, and not the state, were the proper defendants, since the state cannot "authorize" officials to violate federal law.
Elephant Butte Irrigation Dist. v. Dep't of Interior
, 160 F.3d 602 (10th Cir. 1998), cert. denied, 526 U.S. 1019, 119 S. Ct. 1255, 143 L. Ed. 2d 352 (1999).
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-14 - Prior donations and grants accepted and confirmed.

Lands heretofore donated or granted to the state or its governor and his successors in office, in trust for the state and the people thereof, for state park and recreation purposes, are hereby approved, ratified and accepted as state parks and recreation areas, and the state park and recreation division [state parks division] shall designate appropriate names for each of said state parks and recreation areas.
History:
Laws 1935, ch. 57, § 13; 1941 Comp., § 4-113; 1953 Comp., § 4-9-13; Laws 1963, ch. 98, § 13; 1977, ch. 254, § 24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-15.1 - Elephant Butte lake lease lot lands; release of lease with federal government.

The director of the state park and recreation division [state parks division] of the natural resources department shall execute a written release to the United States secretary of the interior of the state's lease of the Elephant Butte lake lease lot lands under contract No. 14-06-500-2087 between the state of New Mexico and the United States, in order that the federal government can sell such land to the private citizens presently leasing said land, who with their successors in interest are hereinafter referred to as landowners, provided that within three years after the effective date of this act the federal government sells such land to the private citizens leasing it; further provided that if this sale does not take place the written release provided in this act shall be null and void; and further provided that:
A. in exchange for release of legal obligation and rights under the contract, the state shall first be reimbursed a reasonable amount for its loss of revenue from the lease by the United States government;
B. in order to insure that the land is not used in an incompatible or conflicting manner with the surrounding park land and that access to the park is maintained, the following provisions shall be included in any agreement with the bureau of reclamation:
(1) a continuous easement on all current roadways and utility crossings shall be retained through the lease lot areas as shall all other existing easements at the time of the agreement;
(2) future use of the property shall be restricted to noncommercial, single-family residential use. Any use or activity that endangers the water or air quality of the park shall not be allowed;
(3) the state shall no longer have any responsibility to provide the lease lot area any of the services now provided by the state park and recreation divison [state parks division] of the natural resources department; and
(4) the landowners and any successors in interest shall be obligated by these provisions and any noncompliance shall result in reversion of the property to the bureau of reclamation.
History:
Laws 1987, ch. 317, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-16 - Procedure for transfer of park lands or recreational areas to state agencies, institutions or public bodies.

Upon receipt of written notification from the secretary containing a recommendation for transfer to a named grantee, a recitation of the nominal consideration and such reservations and conditions of transfer of specifically described lands as may be required, the commissioner of public lands, in conformity with the notification, shall execute and deliver to the named state educational institution or other state governmental agency, as grantee, a good and sufficient quitclaim deed conveying all the right, title and interest of the state in and to the lands described in the notification. The commissioner of public lands shall, in due course, transfer any receipts derived as consideration actually paid in the transaction to the state treasurer for credit to the proper fund.
History:
1941 Comp., § 4-121, enacted by Laws 1951, ch. 45, § 2; 1953 Comp., § 4-9-15; Laws 1963, ch. 98, § 15; 1977, ch. 254, § 26; 1987, ch. 234, § 20.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, near the beginning of the first sentence substituted "secretary" for "state park and recreation director," at the end of the second sentence substituted "treasurer for credit to the proper fund" for "park and recreation fund" and made minor changes in language throughout the section.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-17 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 16-2-17 NMSA 1978, as amended by Laws 1963, ch. 98, § 16, relating to use of emergency labor units, effective July 1, 1987. For present comparable provisions,
see
16-2-19 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-18 - Acceptance of donations of money, equipment or material.

A. The state is authorized to receive and accept gifts, donations or bequests of money, equipment or material, either for state park and recreation purposes generally or for any designated state park or recreation area or state park or recreation purposes or as an endowment for any particular state park or recreation area, and shall hold, expend and use the money, equipment or material for the purposes designated in the donation, gift, bequest or endowment.
B. The secretary is authorized to enter into agreements and contracts and to cooperate with the federal government in obtaining funds or other assistance for the acquisition, erection, maintenance and operation of state parks and recreation areas.
History:
Laws 1935, ch. 57, § 15; 1941 Comp., § 4-115; 1953 Comp., § 4-9-17; Laws 1963, ch. 98, § 17; 1977, ch. 254, § 27; 1987, ch. 234, § 21.
ANNOTATIONS
The 1987 amendment,
effective July 1, 1987, in Subsection B, substituted "secretary" for "state park and recreation director" and made a minor change in language in Subsection A.
Subsection B includes contracts for feasibility studies
on projects for the parks and recreation areas. The funds contracted for would be included within the cost of construction if such was determined to be feasible. 1963 Op. Att'y Gen. No. 63-80.
Proper to acquire planning funds which become loan if project feasible.
— The parks and recreation commission (now state parks division) has authority to acquire funds from federal or other agencies for use in planning park and recreation facilities under such terms that the funds become a loan if the project is found feasible and construction is started, and a grant if the project is found not to be feasible and abandoned; the use of funds in such manner is a necessary incident to the improvement of the state's parks and recreation areas. 1963 Op. Att'y Gen. No. 63-80.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-19 - State park and recreation revenues; source and disbursement.

All money derived from the operation of state parks or recreation areas or from the governmental gross receipts tax distributions pursuant to Section 7-1-6.38 NMSA 1978 appropriated to the energy, minerals and natural resources department for state park and recreation capital improvements, or from gifts, donations, bequests or endowments, except as the money may be pledged for the retirement of bonds issued under the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] or appropriated for state park and recreation purposes by the legislature or acquired from any other source whatsoever, shall not at any time or in any event revert or be transferred to general or other state funds; and such funds shall be used solely for the purpose of acquiring, developing, operating and maintaining state parks or recreation areas and maintenance, operation and expenditures of the state park and recreation division [state parks division] of the energy, minerals and natural resources department, the payment of traveling expenses and salaries of officers, park superintendents and employees and the retirement of state park and recreation bonds. Expenditures shall be made in accordance with budgets approved by the department of finance and administration.
History:
Laws 1935, ch. 57, § 16; 1941 Comp., § 4-116; 1953 Comp., § 4-9-18; Laws 1963, ch. 98, § 18; 1965, ch. 14, § 4; 1965, ch. 280, § 11; 1977, ch. 254, § 28; 1987, ch. 234, § 22; 1995, ch. 141, § 22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
Cross references.
— For special recreation and museum privileges for veterans and their immediate families on Veteran's Day,
see
28-13A-1 NMSA 1978.
The 1995 amendment,
effective April 5, 1995, in the first sentence, inserted "or from the governmental gross receipts tax distributions pursuant to Section 7-1-6.38 NMSA 1978 appropriated to the energy, minerals and natural resources department for state park and recreation capital improvements", deleted "department of" preceding "energy", and inserted "department" following "natural resources" near the end of the sentence.
The 1987 amendment,
effective July 1, 1987, in the middle of the first sentence substituted "shall not" for "shall be covered into a fund to be known as the 'state park and recreation fund', hereby created, which shall be a revolving fund and no part of which shall," inserted "of the department of energy, minerals and natural resources" near the end of the first sentence and "and the retirement of state park and recreation bonds" at the end of that sentence and made minor changes in language throughout the section.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-19.1 - Motorboat fuel tax fund; appropriation.

There is created in the state treasury the "motorboat fuel tax fund". Money in the fund is appropriated to the state park and recreation division [state parks division] of the [energy, minerals, and] natural resources department for use under the regular budgeting procedure of the state. Seventy-five percent of the money in the fund is to be used to construct, purchase, improve and maintain boating and related facilities or equipment in this state under the jurisdiction of the state park and recreation division [state parks division]. Twenty-five percent of the money in the fund is to be used for any boating-related purpose whatsoever under the jurisdiction of the state park and recreation division [state parks division].
History:
1978 Comp., § 16-2-19.1, enacted by Laws 1983, ch. 211, § 38; 1987, ch. 234, § 23; 1987, ch. 322, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1997, ch. 149, § 3 provided that the "state park and recreation division" means the "state parks division".
See
9-5A-6.1 NMSA 1978.
Laws 1987, ch. 234, § 83 provided that references in law to the "natural resources department" shall be construed to be references to the "energy, mineral and natural resources department".
Cross references.
— For distribution from gasoline tax,
see
7-1-6.8 NMSA 1978.
1987 amendments.
— Laws 1987, ch. 234, § 23, effective July 1, 1987, in the middle of the second sentence inserting "energy, minerals and" preceding "natural resources," was approved April 9, 1987. However, Laws 1987, ch. 322, § 1, effective June 19, 1987, deleting "to construct, improve and furnish boating and related facilities in this state under the jurisdiction of the state park and recreation division" at the end of the second sentence and adding the last sentence, was approved April 10, 1987. The section was set out as amended by Laws 1987, ch. 322, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-20 - Short title.

This act [16-2-20 to 16-2-29 NMSA 1978] may be cited as the "State Park and Recreation Bond Act."
History:
1978 Comp., § 16-2-20, enacted by Laws 1965, ch. 280, § 1.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 2 - State Parks Division › Section 16-2-21 - Purpose of act.

The purpose of the State Park and Recreation Bond Act [16-2-20 to 16-2-29 NMSA 1978] is to provide for the use of revenues derived from the operation of state parks or recreation areas or from gifts, donations, bequests or endowments for state park and recreation purposes and to issue bonds to provide for the acquiring, developing, operating and maintaining of state parks or recreation areas.
History:
1978 Comp., § 16-2-21, enacted by Laws 1965, ch. 280, § 2.