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.
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.
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