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HOUSE BILL 161
56
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2023
INTRODUCED BY
D. Wonda Johnson
AN ACT
RELATING TO INDIAN AFFAIRS; MOVING THE INTERTRIBAL CEREMONIAL
OFFICE TO THE LOCAL GOVERNMENT DIVISION OF THE DEPARTMENT OF
FINANCE AND ADMINISTRATION; RENAMING THE INTERTRIBAL CEREMONIAL
OFFICE AS THE INTERTRIBAL INDIAN CEREMONIAL ASSOCIATION;
AMENDING AND RECOMPILING SECTIONS OF THE NMSA 1978; MAKING AN
APPROPRIATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 9-15C-1 NMSA 1978 (being Laws 2005,
Chapter 219, Section 1, as amended) is recompiled as Section
12-16-1 NMSA 1978 and is amended to read:
"12-16-1. SHORT TITLE.--[Chapter 9, Article 15C ] Chapter
12, Article 16 NMSA 1978 may be cited as the "Intertribal
Ceremonial Act"."
SECTION 2. Section 9-15C-2 NMSA 1978 (being Laws 2005,
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Chapter 219, Section 2, as amended) is recompiled as Section
12-16-2 NMSA 1978 and is amended to read:
"12-16-2. DEFINITIONS.--As used in the Intertribal
Ceremonial Act:
[A. "department" means the tourism department; ]
A. "association" means the intertribal Indian
ceremonial association;
B. "county" means the governing body of McKinley
county;
[B.] C. "director" means the director of the
[intertribal ceremonial office ] association; and
[C.] D. "fund" means the intertribal ceremonial
fund
[D. "office" means the intertribal ceremonial
office; and
E. "secretary" means the secretary of tourism ]."
SECTION 3. Section 9-15C-3 NMSA 1978 (being Laws 2005,
Chapter 219, Section 3, as amended) is recompiled as Section
12-16-3 NMSA 1978 and is amended to read:
"12-16-3. INTERTRIBAL INDIAN CEREMONIAL [OFFICE]
ASSOCIATION CREATED--POWERS AND DUTIES--INTERTRIBAL CEREMONIAL
BOARD CREATED.--
A. The "intertribal Indian ceremonial [office]
association" is created. The [office ] association is
administratively attached to the [department ] local government
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division of the department of finance and administration .
B. The [governor] county shall appoint a director,
who shall serve at the pleasure of the [governor ] county. The
director shall hire and terminate other necessary employees,
who shall be subject to the provisions of the Personnel Act.
C. The director shall:
(1) work with [the department ] private, local,
state and federal entities to establish steady funding for the
intertribal ceremonial;
(2) supervise the activities of the [office ]
association;
(3) work with the [department ] county to
promote the intertribal ceremonial; and
(4) prepare an annual budget and an annual
report on the activities of the [office ] association.
D. The [office] association shall:
(1) administer an annual intertribal
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 [office ]
association for all services and activities pertaining to the
intertribal ceremonial;
(4) adopt rules in accordance with the State
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Rules Act to carry out the duties of the [office ] 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 [office] association may consider proper for the conduct of
the intertribal ceremonial and not otherwise prohibited by law.
E. The "intertribal ceremonial board" is created.
The board shall consist of [eight ] nine members, including the
director, who shall serve ex officio, [the secretary or the
secretary's designated representative and six ] and eight
members, appointed by the [governor ] county, who shall serve
terms of five years each [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 ]. All intertribal ceremonial board
members shall be bona fide residents of the [state ] 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."
SECTION 4. Section 9-15C-4 NMSA 1978 (being Laws 2005,
Chapter 219, Section 4, as amended) is recompiled as Section
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12-16-4 NMSA 1978 and is amended to read:
"12-16-4. INTERTRIBAL CEREMONIAL FUND CREATED--
ADMINISTRATION.--The "intertribal ceremonial fund" is created
in the state treasury. Money appropriated to the fund or
accruing to it through sales, gifts, grants, fees, penalties,
bequests or any other source shall be delivered to the state
treasurer and deposited in the fund. Money in the fund is
appropriated to the [office ] local government division of the
department of finance and administration for the purpose of
carrying out the intertribal ceremonial. Money in the fund at
the end of any fiscal year shall not revert. Interest and
earnings from the fund shall be credited to the fund.
Disbursements from the fund shall be made on warrant drawn by
the secretary of finance and administration pursuant to
vouchers signed by the director or the director's authorized
representative."
SECTION 5. TEMPORARY PROVISION--INTERTRIBAL CEREMONIAL
BOARD MEMBERS.--The terms of office of the members serving on
the intertribal ceremonial board on the effective date of this
act shall end on July 1, 2023, and new members shall be
appointed for a term of office that shall begin on July 1, 2023
according to the provisions of Section 12-16-3 NMSA 1978.
SECTION 6. TEMPORARY PROVISION--TRANSFER OF FUNCTIONS,
PERSONNEL, MONEY, APPROPRIATIONS, PROPERTY, CONTRACTUAL
OBLIGATIONS AND STATUTORY REFERENCES.--
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A. On the effective date of this act, all
functions, personnel, money, appropriations, records,
furniture, equipment, supplies and other property of the
intertribal ceremonial office of the tourism department are
transferred to the local government division of the department
of finance and administration.
B. On the effective date of this act, all
contractual obligations of the intertribal ceremonial office of
the tourism department are binding on the local government
division of the department of finance and administration.
C. On the effective date of this act, all
references in law to the intertribal ceremonial office of the
tourism department shall be deemed to be references to the
intertribal Indian ceremonial association of the local
government division of the department of finance and
administration.
SECTION 7. TEMPORARY PROVISION--RECOMPILATION
INSTRUCTIONS.--Section 9-15C-5 NMSA 1978 (being Laws 2005,
Chapter 219, Section 5) is recompiled as Section 12-16-5 NMSA
1978.
SECTION 8. APPROPRIATION.--Three hundred thousand dollars
($300,000) is appropriated from the general fund to the local
government division of the department of finance and
administration for expenditure in fiscal year 2024 to employ a
full-time director to manage and oversee the intertribal Indian
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ceremonial association and for operational expenses of the
association. Any unexpended or unencumbered balance remaining
at the end of fiscal year 2024 shall revert to the general
fund.
SECTION 9. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2023.
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