HB 161/a
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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.
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 12, Article 16 NMSA
1978 may be cited as the "Intertribal Indian Ceremonial
Act"."
SECTION 2. Section 9-15C-2 NMSA 1978 (being Laws 2005,
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
Indian Ceremonial Act:
A. "association" means the intertribal Indian
ceremonial association;
B. "county" means the governing body of McKinley
county;
C. "director" means the director of the HB 161/a
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association; and
D. "fund" means the intertribal Indian ceremonial
association fund."
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 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.
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 HB 161/a
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(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 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, HB 161/a
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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."
SECTION 4. Section 9-15C-4 NMSA 1978 (being Laws 2005,
Chapter 219, Section 4, as amended) is recompiled as Section
12-16-4 NMSA 1978 and is amended to read:
"12-16-4. INTERTRIBAL INDIAN CEREMONIAL ASSOCIATION
FUND CREATED--ADMINISTRATION.--The "intertribal Indian
ceremonial association 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
subject to
appropriation
to the local government division of the
department of finance and administration for the purpose of
carrying out the intertribal Indian 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 HB 161/a
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to vouchers signed by the director or the director's
authorized representative."
SECTION 5. TEMPORARY PROVISION--INTERTRIBAL INDIAN
CEREMONIAL ASSOCIATION BOARD MEMBERS.--The terms of office of
the members serving on the intertribal Indian ceremonial
association 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 2, 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.--
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 HB 161/a
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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. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2023.