2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 16 - Intertribal Indian Ceremonial › Section 12-16-3 - Intertribal Indian ceremonial association created; powers and duties; intertribal Indian ceremonial association board created.

A. The "intertribal Indian ceremonial association" is created. The association is administratively attached to the local government division of the department of finance and administration.
B. The county shall appoint a director, who shall serve at the pleasure of the county. The director shall hire and terminate other necessary employees, who shall be subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978].
C. The director shall:
(1) work with private, local, state and federal entities to establish steady funding for the intertribal Indian ceremonial;
(2) supervise the activities of the association;
(3) work with the county to promote the intertribal Indian ceremonial; and
(4) prepare an annual budget and an annual report on the activities of the association.
D. The association shall:
(1) administer an annual intertribal Indian ceremonial;
(2) cooperate with and assist public and private entities that seek to promote recognition of ceremonies significant to Indian nations, tribes and pueblos;
(3) function as the coordinating association for all services and activities pertaining to the intertribal Indian ceremonial;
(4) adopt rules in accordance with the State Rules Act [Chapter 14, Article 4 NMSA 1978] to carry out the duties of the association;
(5) accept gifts, grants, donations, bequests and devises from any source to be used to carry out its duties;
(6) enter into contracts; and
(7) charge admission, parking and concessions fees, give prizes and premiums, create sponsorships and other forms of advertising, arrange entertainments and do all things the association may consider proper for the conduct of the intertribal Indian ceremonial and not otherwise prohibited by law.
E. The "intertribal Indian ceremonial association board" is created. The board shall consist of nine members, including the director, who shall serve ex officio, and eight members, appointed by the county, who shall serve terms of five years each. All intertribal Indian ceremonial association board members shall be bona fide residents of the county or surrounding counties, and at least a majority of the members shall be Native American. A board member shall not be removed during the term of office except for cause, following notice and an opportunity for a hearing.
History:
Laws 2005, ch. 219, § 3; 2006, ch. 19, § 3; 1978 Comp., § 9-15C-3, recompiled and amended as § 12-16-3 by Laws 2023, ch. 144, § 3.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 144, § 3 recompiled and amended former 9-15C-3 NMSA 1978 as 12-16-3 NMSA 1978, effective July 1, 2023.
The 2023 amendment,
effective July 1, 2023, administratively attached the intertribal Indian ceremonial association to the local government division of the department of finance and administration, revised the duties of the director, changed the name of the intertribal ceremonial board to the intertribal Indian ceremonial association board, removed appointment power from the governor and gave the county the power to appoint a director and members of the intertribal Indian ceremonial association board, and revised the membership composition of the intertribal Indian ceremonial association board; in the section heading, added "Indian", deleted "office" and added "association", and added "intertribal Indian ceremonial association board created"; after each occurrence of "intertribal", added "Indian", and substituted each occurrence of "office" with "association"; in Subsection A, after "administratively attached to the", deleted "department" and added "local government division of the department of finance and administration"; in Subsection B, after "The", deleted "governor" and added "county", and after "pleasure of the", deleted "governor" and added "county"; in Subsection C, Paragraph C(1), after "work with", deleted "the department" and added "private, local, state and federal entities", in Paragraph C(3), after "work with the", deleted "department" and added "county"; in Subsection D, Paragraph D(2), after "Indian", added "nations"; and in Subsection E, after each occurrence of "ceremonial", added "association", after "shall consist of", deleted "eight" and added "nine", after "shall serve ex officio", deleted "the secretary or the secretary's designated representative and six" and added "and eight", after "appointed by the", deleted "governor" and added "county", after "five years each", deleted "provided that the governor's first appointments shall be made of two board members for one-year terms, two for two-year terms, one for a three-year term and one for a four-year term", and after "bona fide residents of the", deleted "state" and added "county or surrounding counties".
Temporary provisions.
— Laws 2023, ch. 144, § 5, effective July 1, 2023, provided that the terms of office of the members serving on the intertribal Indian ceremonial association board shall end on July 1, 2023, and new members shall be appointed for a term of office that shall begin on July 2, 2023 according to the provisions of Section 12-16-3 NMSA 1978.
The 2006 amendment,
effective March 2, 2006, added Subsection D(7) to provide that the office shall charge fees, give prizes and premiums, create sponsorships and advertising, arrange entertainments and do all things for the conduct of the intertribal ceremonial; and added the provision to Subsection E to increase the number of members of the board from seven members to eight members, including the director who shall serve ex officio, the secretary or the secretary's designated representative and six members appointed by the governor.