reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-9 - Authority of commission to incur indebtedness.

A. The commission has authority to incur indebtedness for the following purposes:
(1) expenditures to make emergency repairs, replacements or additions to the railroad's equipment or facilities; and
(2) capital expenditures for development, improvement and acquisition of facilities and equipment for the railroad.
B. Before the authority to incur indebtedness may be exercised, a majority of the commission members shall vote in favor of a resolution that:
(1) specifies the amount of indebtedness to be incurred;
(2) specifies in detail the purposes for the loan; and
(3) authorizes the chairman of the commission to execute all documents on behalf of the commission to incur the indebtedness by negotiating a loan from a financial institution.
C. The total indebtedness existing at any time under the authority granted in this section shall not exceed two hundred fifty thousand dollars ($250,000).
D. Any indebtedness incurred under the authority of this section shall not create a debt of the state or pledge the general credit of the state or commission. It shall not constitute personal indebtedness of any member of the commission. Except as provided in Subsection E of this section, the indebtedness shall not be secured by any type of security interest in the real or personal property of the railroad, nor shall that property be subject to any legal process to satisfy a judgment for the indebtedness in the event of nonpayment of the indebtedness.
E. The commission may pledge as security for the repayment of indebtedness incurred and outstanding under the authority of this section all of the railroad user fees authorized to be charged under Section 5 [16-5-11 NMSA 1978] of the Cumbres and Toltec Scenic Railroad Act.
History:
Laws 1989, ch. 26, § 3.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-10 - Railroad loan retirement fund.

A. There is created the "railroad loan retirement fund". Railroad user fees authorized pursuant to the Cumbres and Toltec Scenic Railroad Act may be deposited in the fund by the commission. The commission shall by resolution authorize the placement of the fund in an appropriate financial institution and shall also authorize the investment of money in the fund. Income earned from investment of the fund shall become part of the fund.
B. The money in the railroad loan retirement fund is irrevocably pledged to the retirement of any indebtedness incurred by the commission under the authority of Section 16-5-9 NMSA 1978. During the time that any indebtedness is outstanding, the commission shall not reduce or eliminate any user fees that were in effect at the time the indebtedness was incurred.
History:
Laws 1989, ch. 26, § 4; 2005, ch. 156, § 2.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided in Subsection A that railroad user fees may be deposited in the railroad retirement fund by the commission.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-11 - Authorization to set and collect user fees.

The commission may establish user fees to be charged to passengers on the railroad. The fee schedule may provide for different fees for different classes of passengers.
History:
Laws 1989, ch. 26, § 5.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-12 - Tax exemption of interest charged on loan.

Any interest charged and collected by a financial institution for extending a loan to the commission is exempt from all taxes imposed by the state and its political subdivisions.
History:
Laws 1989, ch. 26, § 6.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 5 - Cumbres and Toltec Scenic Railroad › Section 16-5-13 - Liberal interpretation.

The Cumbres and Toltec Scenic Railroad Act [16-5-1 to 16-5-13 NMSA 1978] shall be liberally construed to carry out its purpose.
History:
Laws 1989, ch. 26, § 7.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-1 - State fair commission; members; appointment; number; qualification; terms; oath; bond.

A. The governor shall appoint, with the advice and consent of the senate, a "state fair commission", consisting of seven members, for terms of five years each; provided that the first appointments shall be made of two commissioners for one-year terms, two for two-year terms, one for a three-year term, one for a four-year term and one for a five-year term. All state fair commissioners shall be bona fide residents of the state. No less than two commissioners shall be engaged in the business of livestock raising, and no less than two commissioners shall be engaged in agricultural vocations and pursuits other than livestock raising.
B. Before entering upon the duties of his office, each state fair commissioner shall take and subscribe an oath that he will faithfully and impartially discharge the duties of his office, which oath shall be filed in the office of the secretary of state. Each commissioner shall furnish a good and sufficient surety bond as provided in the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978].
C. No member of the commission shall be removed during the term for which he is appointed, except for cause, following notice and an opportunity for a hearing, unless the notice and hearing are, in writing, expressly waived.
History:
Laws 1913, ch. 46, § 2; Code 1915, § 5005; C.S. 1929, § 127-101; Laws 1941, ch. 71, § 1; 1941 Comp., § 48-2101; Laws 1953, ch. 81, § 1; 1953 Comp., § 45-20-1; Laws 1971, ch. 167, § 1; 1994, ch. 143, § 4.
ANNOTATIONS
The 1994 amendment,
effective July 1, 1994, subdivided the section and added Subsection C; in Subsection A, inserted "with the advice and consent of the senate" near the beginning of the first sentence and rewrote the second sentence which read, "All such commissioners shall be bona fide residents of the state of New Mexico; provided, however, that the commissioners now serving will continue until the expiration of their appointed terms", and made stylistic changes; and, in Subsection B, substituted "as provided in the Surety Bond Act" for "in the sum of two thousand five hundred dollars ($2,500) for the faithful performance of his duties".
Status of commission members under Workmen's Compensation Act.
— Prior to 1972, members of the New Mexico state fair commission were public officers, not employees, and not entitled to benefits under the Workmen's Compensation Act. 1968 Op. Att'y Gen. No. 68-109.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 14.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-2 - [Payment of premiums on bonds.]

The premiums on all bonds required to be furnished by the officers or members of the said commission shall be paid out of the funds of the said commission.
History:
Laws 1913, ch. 46, § 14; Code 1915, § 5006; C.S. 1929, § 127-102; 1941 Comp., § 48-2102; 1953 Comp., § 45-20-2.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-3 - Disqualification of commissioners; organization of commission; secretary and treasurer.

A. If any state fair commissioner changes his residence to any place outside the state, such change of residence shall operate ipso facto to vacate the office he holds.
B. The secretary and treasurer shall qualify by furnishing the commission with a good and sufficient bond pursuant to the Surety Bond Act [10-2-13 to 10-2-16 NMSA 1978], conditioned for the faithful performance of his duties as secretary and treasurer and that he will faithfully account for and pay over to the person entitled thereto all money that comes into his hands as such officer. The secretary and treasurer shall hold office for a period of one year and until his successor is elected and qualified.
History:
Laws 1913, ch. 46, § 3; Code 1915, § 5007; C.S. 1929, § 127-103; 1941 Comp., § 48-2103; 1953 Comp., § 45-20-3; 1994, ch. 143, § 5.
ANNOTATIONS
Cross references.
— For corporations authorized to issue surety bonds,
see
46-6-1 NMSA 1978 et seq.
The 1994 amendment,
effective July 1, 1994, added the section heading; subdivided the section; in Subsection A, inserted "state fair" and made stylistic changes; and, in Subsection B, substituted "pursuant to the Surety Bond Act" for "in the sum of twenty thousand dollars in some surety company authorized to do business in this state", deleted "which said bond shall be filed with the secretary of state" following "officer" at the end of the first sentence, and made stylistic changes.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-3.1 - Budget review requirements.

Beginning with the eighty-third fiscal year, the state fair commission is required to submit to the department of finance and administration for review a monthly budget status report, a list of all checks issued and all supporting documentation for each expenditure.
History:
1978 Comp., § 16-6-3.1, enacted by Laws 1994, ch. 143, § 6.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-5 - State fair commission administratively attached to tourism department.

The state fair commission is administratively attached, as defined in the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978], to the tourism department.
History:
1953 Comp., § 45-20-4.1, enacted by Laws 1977, ch. 245, § 18; 1991, ch. 21, § 32.
ANNOTATIONS
The 1991 amendment,
effective March 27, 1991, substituted "tourism department" for "commerce and industry department" in the catchline and in the text of the section.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-6 - [Annual meeting; election of officers; financial report to governor.]

The commission shall hold annual meetings on the first Monday in January of each year, at which meeting the chairman and the secretary and treasurer shall be selected and such other business shall be transacted as the interests of said state fair shall require. On the first Monday in January in each year after said fair is held, the state fair commission shall prepare and transmit to the governor of the state, a full financial statement, signed by each member of the commission, showing all funds received and disbursed, all assets and liabilities, being a full and detailed account of its transactions and containing such statistics and information as may be of value to the various industries of the state.
History:
Laws 1913, ch. 46, § 5; Code 1915, § 5009; C.S. 1929, § 127-105; 1941 Comp., § 48-2105; 1953 Comp., § 45-20-5.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-7 - [Annual appropriation; Albuquerque contribution.]

For the purpose of carrying out the provisions of this article, the sum of five thousand dollars ($5,000) is appropriated annually; provided, that the sum of five thousand dollars [($5,000)] herein appropriated shall be paid only upon condition that the citizens of Albuquerque shall annually raise, contribute and cause to be made available to the commission herein created a like sum of five thousand dollars [($5,000)].
History:
Laws 1913, ch. 46, § 6; Code 1915, § 5010; C.S. 1929, § 127-106; 1941 Comp., § 48-2106; 1953 Comp., § 45-20-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— This section would appear to have been abrogated by Laws 1917, ch. 109, § 4, which read: "The appropriations herein made or heretofore made by any legislature of the state, except as to unexpended portions carried forward shall cease and determine on and after December 1, 1919."
The words "this article" were substituted by the 1915 compiler for "this act" and refer to the 1915 Code, ch. 100, §§ 5005 to 5017, compiled herein as 16-6-1 to 16-6-4, 16-6-6 to 16-6-9, 16-6-11, 16-6-12 NMSA 1978.
Appropriating state funds to state fair is constitutional
for such fair is an instrumentality and under the control of the state. 1937 Op. Att'y Gen. No. 37-1560.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-8 - Repealed.

History:
Laws 1913, ch. 46, § 7; Code 1915, § 5011; C.S. 1929, § 127-107; 1941 Comp., § 48-2107; 1953 Comp., § 45-20-7; repealed by Laws 2003, ch. 273, § 25.
ANNOTATIONS
Repeals.
— Laws 2003, ch. 273, § 25 repealed 16-6-8 NMSA 1978, as enacted by Laws 1913, ch. 46, § 7, relating to disbursement of funds, effective July 1, 2003. For provisions of former section,
see
the 2002 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-9 - Appropriation; how paid to the commission.

The secretary of finance and administration, on the request in writing of such board of commissioners, shall, and it is hereby made his duty to, draw his warrant in favor of the treasurer of said commission upon the state treasurer for the payment of the appropriations provided in this article, and the said state treasurer shall pay such warrants out of any money on hand, appropriated for the purposes herein set forth.
History:
Laws 1913, ch. 46, § 8; Code 1915, § 5012; C.S. 1929, § 127-108; 1941 Comp., § 48-2108; 1953 Comp., § 45-20-8; Laws 1977, ch. 247, § 156.
ANNOTATIONS
Compiler's notes.
— The words "this article" were substituted by the 1915 compiler for "this act" and refer to the 1915 Code, ch. 100, §§ 5005 to 5017, compiled herein as 16-6-1 to 16-6-4, 16-6-6 to 16-6-9, 16-6-11, 16-6-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-10 - Fair commission; expenses.

Members of the state fair commission shall receive no salary, but each member shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 45-20-9, enacted by Laws 1961, ch. 110, § 1; 2003, ch. 215, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1961, ch. 110, § 1, repealed 45-20-9, 1953 Comp., relating to compensation for commissioners, and enacted a new section.
The 2003 amendment,
effective July 1, 2003, substituted "per diem and mileage pursuant to the Per Diem and Mileage Act" for "fifteen dollars ($15.00) per diem while engaged in the performance of his official duties for the commission. Members shall also receive reimbursement for travel expenses at the rate of eight cents ($.08) a mile for attending meetings or traveling in connection with their duties" at the end of the section.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-11 - [Corporate powers of fair commission.]

The members of the New Mexico state fair commission and their successors in office, shall constitute a body corporate under the name and style of the "New Mexico State Fair" with the right as such of sueing [suing] and being sued, of contracting and being contracted with, of making and using a common seal, and altering the same at pleasure.
History:
Laws 1913, ch. 46, § 11; Code 1915, § 5015; C.S. 1929, § 127-110; 1941 Comp., § 48-2110; 1953 Comp., § 45-20-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
State fair's negligence liability.
— The state fair was not immune from suit alleging its negligence in permitting an activity to be conducted on its premises which would result in a dangerous traffic condition developing on adjoining streets.
Bober v N.M. State Fair
, 1991-NMSC-031, 111 N.M. 644, 808 P.2d 614.
Constitutionality of county appropriations to commission or fair.
— Though counties cannot, under N.M. Const., art. IX, § 14, make a donation to the state fair commission, a corporation, they may make appropriations with which to install displays at the state fair which, presumably, will be of benefit to the counties. 1915 Op. Att'y Gen. No. 15-1578.
Counties may appropriate money for constructing building
in which to show exhibits installed by the counties at the state fair. 1915 Op. Att'y Gen. No. 15-1676.
Tort liability of fair and employees.
— Though the state fair is a body corporate with right to sue and to be sued, liability for torts of its employees does not follow therefrom, but can only be imposed by a statute in clear and unambiguous language. 1941 Op. Att'y Gen. No. 41-3852 (opinion rendered prior to present Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.)
Where state fair not liable.
— The New Mexico state fair, as a corporate body of the state of New Mexico, is not liable for its torts. 1964 Op. Att'y Gen. No. 64-70 (opinion rendered prior to adoption of current version of Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.).
Tort liability of fair and employees.
— Though the state fair is a body corporate with right to sue and be sued, liability for torts of its employees does not follow therefrom, but can only be imposed by a statute in clear and unambiguous language. 1941 Op. Att'y Gen. No. 41-3852 (opinion rendered prior to present Tort Claims Act, Section 41-4-1 NMSA 1978 et seq.).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability of owner or operator for injury to patron of fair, carnival, or the like, from operation of sideshows, games, or similar concessions, 24 A.L.R.3d 945.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-12 - [Contracts; financial interest by commissioner; effect; penalty.]

No commissioner shall either directly or indirectly be financially interested in any contract made by the commission and any such contract in which a commissioner shall be interested either directly or indirectly, shall be void. Any violation of the provisions of this article, shall be punishable by imprisonment in the state prison for one year.
History:
Laws 1913, ch. 46, § 12; Code 1915, § 5016; C.S. 1929, § 127-111; 1941 Comp., § 48-2111; 1953 Comp., § 45-20-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The words "this article" were substituted by the 1915 compiler for "this act" and refer to the 1915 Code, ch. 100, §§ 5005 to 5017, compiled herein as 16-6-1 to 16-6-4, 16-6-6 to 16-6-9, 16-6-11, 16-6-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-13 - [Additional powers of fair commission; definitions.]

The following terms, wherever used or referred to in this act [16-6-13 to 16-6-22 NMSA 1978], shall have the following meaning unless a different meaning clearly appears from the context:
A. the term "bonds" shall mean any bonds of the New Mexico state fair issued pursuant to this act;
B. the term "project" shall mean and include buildings, structures, improvements and equipment of every kind, nature and description, which may be required by or convenient for the purpose of the New Mexico state fair, including, without limiting the generality of the foregoing, administration, exhibition, recreation, or parts thereof, or additions thereto, heat, light, or systems, or parts thereof, or extensions thereto; greenhouses, farm exhibition building, stock pens, stable, grounds or parts thereof; or additions thereto; or any one, or more than one, or all of the foregoing, or any combination thereof; or such other buildings, pens, stalls or improvements as the fair commission shall by a majority of the members deem necessary to carry out the provisions of this act and of Chapter 46, Laws of 1913 (Sections 16-6-1 to 16-6-4, 16-6-6 to 16-6-9, 16-6-11, 16-6-12 NMSA 1978), and all amendments thereof;
C. the term "to acquire" shall include to purchase, to erect, to build, to construct, to reconstruct, to repair, to replace, to extend, to better, to equip, to develop, to improve and to embellish a project;
D. the term "Recovery Act" shall mean the act of the congress of the United States of America, approved June 16, 1933, entitled: "An act to encourage national industrial recovery, to foster fair competition, and to provide for the construction of certain useful public works and for other purposes," and acts amendatory thereof and acts supplemental thereto, and revisions thereof, and any further acts of the congress of the United States to encourage public works or to reduce unemployment and providing for the making of loans or grants or both;
E. the term "federal agency" shall mean the United States of America, the president of the United States of America, the federal emergency administrator of public works, or such other agency or agencies as may have been designated or may be designated or created to make loans or grants or both pursuant to the Recovery Act;
F. the term "commission" shall mean the fair commission as appointed by the governor under Chapter 46 of the Laws of 1913.
History:
Laws 1935, ch. 69, § 1; 1941 Comp., § 48-2112; 1953 Comp., § 45-20-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The National Industrial Recovery Act of June 16, 1933, referred to in Subsections D and E, was declared unconstitutional. Present provisions relating to economic recovery are compiled as 15 U.S.C. § 712a et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Exemption from taxation of property of agricultural fair society or association, 89 A.L.R.2d 1104.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-14 - [Creating New Mexico state fair, a separate and independent legal entity.]

The New Mexico state fair, is hereby constituted and confirmed a body politic and corporate and separate and confirmed as a governmental instrumentality for the purpose of carrying out the provisions of Chapter 46, Laws of 1913 (Sections 16-6-1 to 16-6-4, 16-6-6 to 16-6-9, 16-6-11, 16-6-12 NMSA 1978), and all amendments thereto and the provisions of this act [16-6-13 to 16-6-22 NMSA 1978]. A corporate purpose of New Mexico state fair, in addition to any other purposes thereof, shall be to acquire any project. The powers of the said New Mexico state fair delegated to it by this act and the Act of Chapter 46, Laws of 1913, and all amendments thereto, shall be vested in and exercised by a majority of the members of the commission, and a majority of all the members of such commission shall be a quorum for the transaction of any business authorized by this act, but a lesser number may adjourn and compel the attendance of absent members.
History:
Laws 1935, ch. 69, § 2; 1941 Comp., § 48-2113; 1953 Comp., § 45-20-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
New Mexico state fair is a legal entity
which is a part of the state of New Mexico. 1964 Op. Att'y Gen. No. 64-70.
Where donation of horse race profits illegal.
— It is not legal for the state fair to donate the proceeds, in excess of costs, from horse races to the community chest. 1955 Op. Att'y Gen. No. 55-6279.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-16 - Issuance of negotiable bonds; terms.

The New Mexico state fair, with the prior approval of the state board of finance, is authorized from time to time to issue negotiable bonds. The bonds shall be authorized by resolution of the state fair commission. The bonds may be issued in one or more series, may bear such date or dates, may be in such denomination or denominations, may mature at such time or times not exceeding thirty years from the respective dates thereof, may mature in such amount or amounts, shall bear interest in accordance with the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978], may be in such form as the state fair commission may determine and may be executed in such manner, may be payable in such medium of payment at such place or places and may be subject to such terms of redemption with or without premium as such resolution or other resolutions may provide. The bonds may be sold at public sale or may be sold at a private sale to the New Mexico finance authority. The bonds shall be negotiable instruments notwithstanding the form or tenor thereof. The New Mexico state fair may issue refunding bonds to refund, refinance, pay or discharge outstanding bonds, notes, loans or other obligations of the state fair on the same terms and conditions as provided for the issuance of other bonds by the New Mexico state fair.
History:
Laws 1935, ch. 69, § 4; 1941 Comp., § 48-2115; Laws 1953, ch. 37, § 1; 1953 Comp., § 45-20-15; Laws 1957, ch. 98, § 1; 1975, ch. 108, § 3; 1983, ch. 106, § 1; 1996, ch. 27, § 1; 1998 (1st S.S.), ch. 17, § 3; 2001, ch. 152, § 1.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, reduced the maximum number of years a bond may mature from fifty to thirty years and deleted "for not less than par value and in the manner provided by law for sale of municipal bonds" following "at public sale" in the fourth sentence.
The 1998 amendment,
effective on the day after the day the New Mexico finance authority makes the grant to the board of regents of the university of New Mexico authorized in § 1 of the act, deleted "hereby" preceding "authorized" in the first sentence; inserted "state fair" in the second sentence; in the fourth sentence, substituted "may" for "shall" near the beginning and added "or may be sold at a private sale to the New Mexico finance authority" at the end; and added the last sentence.
The 1996 amendment,
effective May 15, 1996, substituted "six million dollars ($6,000,000)" for "three million five hundred thousand dollars ($3,500,000)" at the end of the first sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Governmental unit's power to issue bonds as implying power to refund them, 1 A.L.R.2d 134.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-18 - Moneys of New Mexico state fair.

No moneys derived from the sale of the bonds or otherwise borrowed by such institution under provisions of this act [16-6-13 to 16-6-22 NMSA 1978], shall be required to be paid into the state treasury but shall be deposited by the treasurer or other fiscal officer of the New Mexico state fair in a separate bank account or accounts in such bank or banks or trust company or trust companies as may be designated by the commission, and all deposits of such moneys shall, if required by the commission, be secured by obligations of the United States of America, of a market value equal at all times to the amount of the deposit; and all banks and trust companies are hereby authorized to give such security. Such money shall be disbursed as may be directed by the commission and in accordance with the terms of any agreements with the holder or holders of any bonds. This section shall not be construed as limiting the power of the New Mexico state fair to agree in connection with the issuance of any of its bonds as to the custody and disposition of the moneys received from the sale of such bonds or the income and revenue of New Mexico state fair pledged and assigned to or in trust for the benefit of the holder or holders thereof.
History:
Laws 1935, ch. 69, § 6; 1941 Comp., § 48-2117; 1953 Comp., § 45-20-17.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-19 - Validity of bonds.

The bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be commissioners. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings to acquire the project financed by the bonds or taken in connection therewith.
History:
Laws 1935, ch. 69, § 7; 1941 Comp., § 48-2118; 1953 Comp., § 45-20-18.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-20 - Prohibitions against obligating state of New Mexico.

Nothing in this act [16-6-13 to 16-6-22 NMSA 1978] contained shall be construed to authorize New Mexico state fair to contract a debt on behalf of, or in any way to obligate, the state of New Mexico.
History:
Laws 1935, ch. 69, § 8; 1941 Comp., § 48-2119; 1953 Comp., § 45-20-19.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-21 - Bonds obligations of New Mexico state fair.

All bonds issued pursuant to this act [16-6-13 to 16-6-22 NMSA 1978] shall be obligations of the New Mexico state fair, and such bonds shall be payable in accordance with the terms thereof and shall not be obligations general, special or otherwise of the state of New Mexico. Such bonds shall not constitute a debt, legal or moral, of the state of New Mexico, and shall not be enforceable against the state.
History:
Laws 1935, ch. 69, § 9; 1941 Comp., § 48-2120; 1953 Comp., § 45-20-20.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-22 - Supplemental nature of act, construction and purpose.

The powers conferred by this act [16-6-13 to 16-6-22 NMSA 1978] shall be in addition to and supplemental to the powers conferred by any other law, general or special.
History:
Laws 1935, ch. 69, § 11; 1941 Comp., § 48-2121; 1953 Comp., § 45-20-21.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-23 - [Eastern New Mexico state fair; purposes; exhibits.]

An annual eastern New Mexico state fair may be held in Chaves county, at which shall be exhibited livestock, poultry, vegetables, fruits, grains and other agricultural products, minerals, ores and other mining exhibits, machinery, farm implements and all other things which may be in the interest of advancing agricultural, horticultural, stock raising, mining, mechanical and other industrial pursuits of eastern New Mexico, and the state generally, and any county of the state may erect, maintain, furnish or donate exhibits consonant with the purposes and in furtherance of the interest of said fair.
History:
Laws 1931, ch. 6, § 1; 1941 Comp., § 48-2122; 1953 Comp., § 45-20-22.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Leasing of state fair property.
— The eastern New Mexico state fair would have the authority to lease the property owned by it to anyone and on such terms and conditions as it deems proper, provided that its articles of incorporation do not preclude this, and provided further that the terms of such lease provide a return reasonably in line with the value of the property leased and does not amount to a gift. 1957 Op. Att'y Gen. No. 57-256.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-24 - [Reorganization of Chaves county cotton carnival.]

The directors of the Chaves county cotton carnival, a nonprofit corporation organized and existing under and by virtue of the laws of the state of New Mexico, may by resolution accept the provisions of Section One [16-6-23 NMSA 1978] of this act and upon filing with the secretary of state a certified copy of such resolution shall thereupon be and is hereby constituted and designated as the eastern New Mexico state fair and entitled to all rights, benefits and privileges as such and may change its corporate name to eastern New Mexico state fair by amending its articles of incorporation in the manner now by law provided for such amendments.
History:
Laws 1931, ch. 6, § 2; 1941 Comp., § 48-2123; 1953 Comp., § 45-20-23.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Authority of eastern New Mexico state fair.
— The eastern New Mexico state fair would have all the authority of any other nonprofit organization thus organized within the state of New Mexico. 1957 Op. Att'y Gen. No. 57-256.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-25 - [Authorization for holding of an annual bi-state fair in Curry county.]

That an annual bi-state fair may be held in Curry county, New Mexico, at which shall be exhibited livestock, poultry, vegetables, fruits, grains and other agricultural products; minerals, ores and other mining exhibits; machinery, farm implements and all other things which may be in the interest of advancing agricultural, horticultural, stock raising, mining, mechanical and other industrial pursuits of New Mexico generally, and any county of the state may erect, maintain, furnish or donate exhibits consonant with the purposes, and in furtherance of the interest of said fair.
History:
1941 Comp., § 48-2124, enacted by Laws 1947, ch. 152, § 1; 1953 Comp., § 45-20-24.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-26 - [Bi-state fair association.]

The directors of the Curry county fair association, a nonprofit corporation organized and existing by virtue of the laws of the state of New Mexico, may by resolution accept the provisions of this act [16-6-25 to 16-6-30 NMSA 1978] and upon filing with the secretary of state a certified copy of such resolution, is thereupon and is hereby constituted and designated as the bi-state fair association and entitled to all rights, benefits and privileges as such, and may change its corporate name to the bi-state fair association by amending its articles of incorporation in the manner now by law provided for such amendments.
History:
1941 Comp., § 48-2125, enacted by Laws 1947, ch. 152, § 2; 1953 Comp., § 45-20-25.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-28 - [Declaration that bi-state fair association buildings are necessary public buildings.]

That the legislature of the state of New Mexico hereby declares that buildings of the bi-state fair association are necessary public buildings.
History:
1941 Comp., § 48-2127, enacted by Laws 1947, ch. 152, § 4; 1953 Comp., § 45-20-27.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-29 - [Contesting validity of proceedings; limitation.]

Any person or corporation may institute in the district court of Curry county an action or suit to contest the validity of all proceedings taken including all acts prior or subsequent to said bond election, but no suit or action shall be maintained unless the same be instituted within ten days after the holding of said bond election.
History:
1941 Comp., § 48-2128, enacted by Laws 1947, ch. 152, § 5; 1953 Comp., § 45-20-28.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-30 - [Tax levy; redemption fund; procedure for redeeming bonds.]

Upon the issuance of bi-state fair association bonds the board of county commissioners shall forthwith levy a tax sufficient to pay the interest and to discharge said bonds, as and when same are due and payable.
It shall be the duty of the county treasurer to keep said interest and redemption fund separate and distinct, and when there are sufficient monies in his hands to the credit of said fund to pay in full the principal and interest of any bonds issued under this act [16-6-25 through 16-6-30 NMSA 1978], to immediately call in and pay as many of such bonds, with accrued interest thereon, as such funds in his hands will liquidate. Such bonds shall be paid in order of their number, and when it is desired to redeem any of such bonds the county treasurer shall cause to be published in two weekly issues of some daily or weekly newspaper published in the county a notice stating that certain bi-state fair association bonds of Curry county by numbers and amounts will be paid on presentation, and that at the expiration of fifteen (15) days after the last publication of notice herein provided such bonds shall cease to bear interest, and when any bonds or coupons issued under this act are redeemed, it shall be the duty of the county treasurer to certify his action to the board of county commissioners, who shall cancel the bonds by punching holes through all the signatures of the bonds and coupons, so that they can be plainly identified.
History:
1941 Comp., § 48-2129, enacted by Laws 1947, ch. 152, § 6; 1953 Comp., § 45-20-29.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-31 - [Ownership and maintenance of real and personal property.]

It shall hereafter be lawful for counties of this state to own, maintain, operate and sell, real and personal property for the purpose of maintaining and conducting county fairs for the teaching and advancement of agricultural, horticultural and domestic arts, and the breeding and improvement of neat cattle, horses, sheep, goats and hogs.
History:
Laws 1923, ch. 152, § 1; C.S. 1929, § 33-5405; 1941 Comp., § 48-2201; 1953 Comp., § 45-21-1.
ANNOTATIONS
Records subject to inspection.
— Since the legislature has specifically granted counties the authority to conduct county fairs, a county fair board is an arm of the county and its records are county records which are subject to inspection as provided in 14-2-1 and former 14-2-2 NMSA 1978. 1964 Op. Att'y Gen. No. 64-109.
County fair board.
— Control and use of county fairgrounds and buildings lies with the board of county commissioners and although no suggestion is made under this act (Laws 1923, ch. 152) for a county fair board, there is no prohibition against delegation of supervisory power to a county fair board should such be properly decided by the commissioners. 1957 Op. Att'y Gen. No. 57-317.
Effect on incorporated municipality.
— An incorporated municipality may not constitute (construct) or cooperate in the erection of a county fair building (in the absence of specific legislative authority) which has been approved at a provided for county bond election. 1957 Op. Att'y Gen. No. 57-27.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
3 C.J.S. Agriculture § 14.
2023 New Mexico Statutes › Chapter 16 - Parks, Recreation and Fairs › Article 6 - State and County Fairs › Section 16-6-32 - Advisory committee created; appointments; staggered terms of members; duties.

A. The "African American performing arts center advisory committee" is created and is administratively attached to the state fair commission.
B. The committee shall consist of five members, including:
(1) two members from the African American performing arts center foundation appointed by the executive director of the African American performing arts center and exhibit hall;
(2) one member from the cultural affairs department appointed by the governor;
(3) one member from the office on African American affairs appointed by the governor; and
(4) one community member who has knowledge of the academic, cultural and historical context of performance art within the African American experience appointed by the director of the Africana studies program at the university of New Mexico.
C. Staggered membership terms shall be established so that two members of the initial committee are appointed for two years, three members are appointed for three years and subsequent appointments of each member are for two-year terms.
D. Vacancies in an appointed member's term shall be filled for the remainder of the unexpired term in the same manner as the original appointment was made.
E. The committee shall annually elect a chair, vice chair and secretary from among its membership. A majority of the members constitutes a quorum for the conduct of business.
F. The committee shall meet at the call of the chair at least annually. Meetings of the committee shall be held in Albuquerque or at other sites within the state at the direction of the chair.
G. Members shall receive no compensation for serving on the committee but shall be paid per diem and mileage as provided for in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
H. The committee shall make recommendations to the African American performing arts center foundation and the executive director and artistic director of the African American performing arts center and exhibit hall regarding staffing, operations, maintenance, programming and exhibitions of the African American performing arts center and exhibit hall.
I. As used in this section, "performance art" means any creative activity performed for an audience that uses an individual's voice, body or inanimate objects to convey an artistic expression, including live or recorded theatrical productions, movies, music, dance, puppetry and spoken word.
History:
Laws 2019, ch. 82, § 3.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 82 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-3 - Members to serve without compensation; per diem and mileage.

The members of the state game commission shall receive no pay for their services as members of the commission, but shall be allowed per diem and mileage pursuant to the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. All salaries, per diem and contingent expenses incurred by the department of game and fish or the state game commission shall be paid upon warrants of the secretary of finance and administration, supported by vouchers of the director of the department of game and fish.
History:
Laws 1921, ch. 35, § 3; C.S. 1929, § 57-103; 1941 Comp., § 43-103; 1953 Comp., § 53-1-3; Laws 1977, ch. 247, § 160; 1979, ch. 273, § 6.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-4 - [Organization; annual and called meetings; secretary.]

Within sixty days after this act [17-1-1 to 17-1-4, 17-1-14, 17-1-27 and 17-2-6 NMSA 1978] shall take effect, the state game commission shall meet at the capitol and organize by electing from its membership a chairman, and thereafter one meeting shall be held annually, and others at the call of the governor, or a majority of the commission. The state game warden [director of the department of game and fish] shall be secretary of the commission.
History:
Laws 1921, ch. 35, § 4; C.S. 1929, § 57-104; 1941 Comp., § 43-104; 1953 Comp., § 53-1-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1955, ch. 59, § 2 transferred the duties of the state game warden.
See
17-1-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-5 - Employment and discharge of director and other employees; department of game and fish created.

A. The state game commission shall employ a director who shall, under such authorization that the game commission shall approve, employ such conservation officers, clerks and other employees as he shall deem proper and necessary to enforce and administer the laws and regulations relating to game and fish, and who shall prescribe their duties respectively, and who with the advice and consent of the state game commission shall fix the compensation of all the employees of the "department of game and fish," which is hereby created.
B. The state game commission may at any time discharge the director for reasons that the state game commission shall deem sufficient. The director may dismiss employees in accordance with the provisions of the Personnel Act [Chapter10, Article 9 NMSA 1978].
History:
Laws 1931, ch. 117, § 5; 1941 Comp., § 43-105; 1953 Comp., § 53-1-5; Laws 1955, ch. 59, § 1; 1973, ch. 186, § 3.
ANNOTATIONS
Officers of the state game commission are state officers.
Allen v. McClellan
, 1967-NMSC-114, 77 N.M. 801, 427 P.2d 677,
overruled on other grounds
,
N.M. Livestock Bd. v. Dose
, 1980-NMSC-022, 94 N.M. 68, 607 P.2d 606.
Department of game and fish is not a constitutional agency.
1957 Op. Att'y Gen. No. 57-268.
Citizenship requirement for wildlife law enforcement officers.
— By operation of state law, wildlife law enforcement officers can be required to hold New Mexico and United States citizenship. 1979 Op. Att'y Gen. No. 79-30.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-5.1 - Conservation services division; duties.

A. The "conservation services division" is created within the department of game and fish.
B. The conservation services division is responsible for:
(1) management, enhancement, research and conservation of public wildlife habitat;
(2) the lease, purchase, enhancement and management of state wildlife habitat;
(3) assisting landowners in improving wildlife habitats;
(4) development of educational programs related to conservation of wildlife and the environment, including the expanded dissemination of wildlife publications; and
(5) communication and consultation with federal and other state agencies, local governments and communities, private organizations and affected interests responsible for habitat, wilderness, recreation, water quality and environmental protection to ensure comprehensive conservation services for hunters, anglers and nonconsumptive wildlife users.
History:
Laws 1994, ch. 129, § 1.
ANNOTATIONS
Cross references.
— For Wildlife Conservation Act,
see
17-2-37 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 17 - Game and Fish and Outdoor Recreation › Article 1 - State Game Commission › Section 17-1-5.2 - Youth programs; donations.

A. As used in this section, "youth" means a person under the age of eighteen who resides in New Mexico.
B. The director of the department of game and fish shall provide for youth programs in each of the five state game commission districts pursuant to Section 17-1-2 NMSA 1978. The programs shall be open to all youth and provide both educational and entertaining experiences. The director shall coordinate the program locations to provide the greatest breadth of access to New Mexico's youth.
C. The director of the department of game and fish shall provide the opportunity for a person who makes a purchase from the department of game and fish to donate money to the youth programs by rounding up the dollar amount or donating a custom amount. All such donations shall be deposited in the game protection fund to be used for the provision of these youth programs.
History:
Laws 2023, ch. 168, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 168, § 2 made Laws 2023, ch. 168, § 1 effective July 1, 2023.