2018 New Mexico Statutes
Chapter 16 - Parks, Recreation and Fairs
Article 6 - State and County Fairs
Section 16-6-15 - Additional powers.
In addition to the powers which it may now have, the New Mexico state fair shall have power to:
A. acquire, by purchase, gift or the exercise of the right of eminent domain, and hold and dispose of real or personal property or rights or interests therein except as limited by Section 13-6-2.1 NMSA 1978, which provisions requiring state board of finance approval of certain actions are applicable to the state fair. The right of eminent domain shall be exercised in the same manner as is provided for the exercise of such power by the state or any county, municipality or school district;
B. build, construct, improve, repair or maintain buildings, structures, improvements, grounds and equipment which may be required by or convenient for the purpose of operating a state fair;
D.[C.] acquire any project and to own, operate and maintain such project;
E.[D.] accept grants of money, materials or property of any kind from a federal agency upon such terms and conditions as the federal agency may impose;
F.[E.] borrow money and issue bonds and provide for the payment of the same and for the rights of the holders thereof, provided that the commission shall not issue bonds, negotiate loans or renegotiate loans without the prior approval of the state board of finance; and
G.[F.] perform all acts and do all things necessary or convenient to carry out the powers granted in this article, or heretofore granted, to obtain loans or grants or both from any federal agency and to accomplish the purposes of this article and secure the benefits of the Recovery Act.
History: Laws 1935, ch. 69, § 3; 1941 Comp., § 48-2114; 1953 Comp., § 45-20-14; Laws 1975, ch. 108, § 2; 1989, ch. 380, § 4; 2004, ch. 119, § 1.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 119, § 1 contained a new Subsection C that was line-item vetoed by the governor: "C. enter into a new long-term lease, not to exceed twenty-five years, for the purpose of providing a lessee that is a racetrack licensee with the use of buildings and other facilities on the grounds of the state fair; provided, however, that a lease entered into pursuant to this subsection shall contain a provision for termination of the lease at the end of any calendar year in which there is no class III tribal gaming being conducted in New Mexico;".
The 2004 amendment, effective May 19, 2004, amended Subsection A to delete after "eminent domain" "whenever sought to be exercised under the provisions of this article" and deleted after "as is" "now or may hereafter be".
The 1989 amendment, effective June 16, 1989, substituted the present catchline for "Powers additional to the powers granted by Sections 45-20-1 through 45-20-8, 45-20-10 and 45-20-11 NMSA 1953"; in Subsection A added all of the language of the first sentence beginning with "except" and substituted "this article" for "this act" in the second sentence; substituted "this article" for "this act" in Subsection F; and made minor stylistic changes throughout the section.
Bonds not general obligations. — Bonds issued under the provisions of this act (Sections 16-6-13 to 16-6-22 NMSA 1978) are not general obligations of the state. 1935-36 Op. Att'y Gen. 80.
Where levy not mandatory. — It was not mandatory for the state tax commission (now the property tax division of the taxation and revenue department) to make a levy for the year 1935 for the state fair. 1935-36 Op. Att'y Gen. 80.
No provision for tax levy. — No provision is made in this act (Sections 16-6-13 to 16-6-22 NMSA 1978) for any tax levy. 1935-36 Op. Att'y Gen. 80.
State fair commission need not advertise nor invite bids from prospective concessionaires but may negotiate the award of a concession contract; provided, however, the commission obtains fair market value in exchange for the concessionaire's right to do business on the state fairgrounds. 1980 Op. Att'y Gen. No. 80-07.
Commission may choose any reasonable method of making services available. — The commission may choose any reasonable method it deems appropriate and expedient to ensure the availability of food and beverage services to the general public attending functions at the state fair or on the state fairgrounds. 1980 Op. Att'y Gen. No. 80-07.
