New Mexico 2019 Regular Session Status: Passed House 1 D cosponsors

HB 652 — BORDER DEVELOPMENT ACT

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    Introduced
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    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

891 added · 788 removed

Plain-language change summary

The amendments to House Bill 652 introduce specific professional qualifications for the Executive Director of the Border Authority and create a new position for a Public Works Director. This change is significant because it aims to ensure that leaders in key roles have the necessary expertise to effectively manage border development projects. Additionally, the bill makes some technical updates for clarity, which can help streamline the implementation of these changes. Overall, the amendments enhance the governance of the Border Authority and its operations.

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HOUSE BILL 652 54 TH LEGISLATURE- STATE OF NEW MEXICO - FIRST SESSIO, 2019 INTRODUCED BY Nathan P.
HOUSE BILL 652 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY Nathan P.
Small 6 8 10 AN ACT RELATING TO BORDER DEVELOPMENT;
Small Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.
AMENDING THE BORDER DEVELOPMENT ACT;
It is a tool to show the amendments in context and is not to be used for the purpose of amendments.
AN ACT RELATING TO BORDER DEVELOPMENT;
AMENDING THE BORDER DEVELOPMENT h ACT;
ADDING PROFESSIONAL QUALIFICATION REQUIREMENTS TO THE POSITION OF EXECUTIVE DIRECTOR OF THE BORDER AUTHORITY;
ADDING g o PROFESSIONAL QUALIFICATION REQUIREMENTS TO THE POSITION OF t hr g e i k EXECUTIVE DIRECTOR OF THE BORDER AUTHORITY;
ADDING THE POSITION OF PUBLIC WORKS DIRECTOR;
ADDING THE POSITION h r i s OF PUBLIC WORKS DIRECTOR;
MAKING TECHNICAL AND CLARIFYING CHANGES TO LAW;
MAKING TECHNICAL AND CLARIFYING h , t, CHANGES TO LAW;
e t 17 w l n d 18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
e u g e b l e e h n d d i = = o h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
= = 19 SECTION 1.
l ] b ,d i a º e SECTION 1.
Section 58-27-2 NMSA 1978 (being Laws 1991, a l i a e r 20 Chapter 131, Section 2) is amended to read:
Section 58-27-2 NMSA 1978 (being Laws 1991, r i = r t e w d m a n o Chapter 131, Section 2) is amended to read:
a t m m 21 "58-27-2.
d m :
LEGISLATIVE PURPOSE.--[By enacting ] The purpose d r e 22 of the Border Development Act [it] is [the purpose of the c e s k 23 legislature] to:
b e d s º o t n = .212268.1 s k m e e a n e d r e l u [ A d "58-27-2.
e a n b 24 A.
LEGISLATIVE PURPOSE.--[By enacting] The purpose of the Border Development Act [it] is [the purpose of the legislature] to:
encourage and foster development of the state u [ and its cities and counties by developing port facilities at .212268.1 international ports of entry;
A.
encourage and foster development of the state and its cities and counties by developing port facilities at international ports of entry;
create the statutory framework that will enable the state to design, finance, construct, equip and operate port facilities necessary to ensure the timely, planned and efficient development of the border area between New Mexico and [the Mexican state of Chihuahua ] Mexico." SECTION 2.
create the statutory framework that will enable the state to design, finance, construct, equip and operate port facilities necessary to ensure the timely, planned and efficient development of the border area between New Mexico and [the Mexican state of Chihuahua ] Mexico." h SECTION 2.
Section 58-27-3 NMSA 1978 (being Laws 1991, Chapter 131, Section 3, as amended) is amended to read:
Section 58-27-3 NMSA 1978 (being Laws 1991, g o t hr Chapter 131, Section 3, as amended) is amended to read:
"58-27-3.
g e i k "58-27-3.
DEFINITIONS.--As used in the Border Development Act:
DEFINITIONS.--As used in the Border Development h r i s Act:
A.
h , t, A.
e e 17 B.
e u g e b l e e h B.
e e n d 18 C.
n d d i = = o h C.
"bondholder" means the owner of a registered or = = l ] 19 unregistered bond;
"bondholder" means the owner of a registered or l ] b ,d i a º e unregistered bond;
a l r i 20 [B.] D.
r i = r t e w d m a n o [B.] D.
"financial assistance" means grants and t e a t loans provided for projects to a qualified entity on terms and m m 21 e d r e 22 conditions approved by the authority;
"financial assistance" means grants and d m :
c e r c 23 [C.] E.
b e d s º o t n = .212268.1 s k m e - 2 - e a n e d r e l u [ A d loans provided for projects to a qualified entity on terms and conditions approved by the authority;
"mortgage" means a mortgage, [or] a e a n b 24 mortgage and deed of trust or the pledge and hypothecation of u [ [any] assets as collateral security;
[C.
.212268.1 - 2 - [D.] F.
] E.
"mortgage" means a mortgage, [or] a mortgage and deed of trust or the pledge and hypothecation of [any] assets as collateral security;
[D.
] F.
[E.] G.
[E.
"project" means [any] land, [or] a building ] improvement acquired as a part of a or any other [improvements port of entry, [or ] associated with a port of entry or to aid commerce in connection with a port of entry, including all existing or not yet existing real and personal property deemed necessary in connection [therewith, whether or not now in existence.
] G.
"project" means [any] land, [or] a building or any other [improvements ] improvement acquired as a part of a port of entry, [or ] associated with a port of entry or to aid commerce in connection with a port of entry, including all existing or not yet existing real and personal property deemed necessary in connection [therewith, whether or not now in existence.
(1) a port of entry, [a ] foreign trade zone, [an] inspection station, [an] emergency response station or [any] other [facilities] facility to be used by [any] an agency or entity of the United States government, [by another ] other qualified entity or [by any other] a foreign international e e 17 state;
h (1) a port of entry, [a ] foreign trade zone, g o t hr [an] inspection station, [an] emergency response station or g e i k [any] other [facilities] facility to be used by [any] an agency h r i s or entity of the United States government, [by another ] other h , t, qualified entity or [by any other] a foreign international e u g e b l e e h state;
e e n d 18 (2) an industry for the manufacturing, = = l ] 19 processing or [assembling ] assembly of [any] an agricultural, a l r i 20 mining or manufactured product;
n d d i = = o h (2) an industry for the manufacturing, l ] b ,d i a º e processing or [assembling ] assembly of [any] an agricultural, r i = r t e w d m a n o mining or manufactured product;
t e a t (3) a railroad switching yard, railroad m m 21 e d r e 22 station, bus terminal, airport, [or ] other passenger, commuter c e r c 23 or mass transportation system or other freight transportation e a n b 24 system;
d m :
u [ (4) a commercial business or other enterprise .212268.1 - 3 - engaged in the storing, warehousing, [distributing] distribution or selling of products of a manufacturing, agriculture, mining or related [industries ] industry, but not including [facilities ] a facility designed for the distribution to the public of electricity or gas;
b e d s º o t n = .212268.1 s k m e - 3 - e a n e d r e l u [ A d (3) a railroad switching yard, railroad station, bus terminal, airport, [or ] other passenger, commuter or mass transportation system or other freight transportation system;
(4) a commercial business or other enterprise engaged in the storing, warehousing, [distributing] distribution or selling of products of a manufacturing, agriculture, mining or related [industries ] industry, but not including [facilities ] a facility designed for the distribution to the public of electricity or gas;
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(6) [any] an industrial, commercial, agricultural, professional or other business enterprise seeking to occupy office space;
(6) [any ] an industrial, commercial, agricultural, professional or other business enterprise seeking h to occupy office space;
(7) infrastructure development involving [acquiring, repairing, improving or maintaining ] the acquisition, repair, improvement or maintenance of storm sewers ] or other drainage [improvements] systems, sanitary [and e e 17 sewers, sewage treatment systems , water utilities or solid e e n d 18 waste disposal facilities, including [acquiring ] the = = l ] 19 acquisition of rights of way or water rights;
g o t hr (7) infrastructure development involving g e i k [acquiring, repairing, improving or maintaining ] the h r i s acquisition, repair, improvement or maintenance of storm sewers h , t, [and] or other drainage [improvements] systems, sanitary e u g e b l e e h sewers, sewage treatment systems , water utilities or solid n d d i = = o h waste disposal facilities, including [acquiring ] the l ] b ,d i a º e acquisition of rights of way or water rights;
a l r i 20 (8) infrastructure development involving t e a t [reconstructing ] the reconstruction, resurfacing, [maintaining, m m 21 e d r e 22 repairing or improving] maintenance, repair or improvement of c e r c 23 existing alleys, streets, roads or bridges or the laying off or e a n b 24 opening, [constructing] construction or [acquiring] acquisition u [ of new alleys, streets, roads or bridges, including [acquiring] .212268.1 - 4 - the acquisition of rights of way;
r i = r t e w d m a n o (8) infrastructure development involving d m :
(9) [any] an industry that involves [any] a water distribution or irrigation system, including pumps, distribution lines, transmission lines, fences, dams and ] the similar facilities and equipment, including [acquiring acquisition of rights of way;
b e d s º o t n = .212268.1 s k m e - 4 - e a n e d r e l u [ A d [reconstructing] the reconstruction, resurfacing, [maintaining, repairing or improving] maintenance, repair or improvement of existing alleys, streets, roads or bridges or the laying off or opening, [constructing] construction or [acquiring] acquisition of new alleys, streets, roads or bridges, including [acquiring] the acquisition of rights of way;
(9) [any ] an industry that involves [any] a water distribution or irrigation system, including pumps, distribution lines, transmission lines, fences, dams and similar facilities and equipment, including [acquiring ] the acquisition of rights of way;
[F.] H.
[F.
"property" means, as necessary to a project, land, land improvements, [to the land] buildings, [and] building improvements, [to the buildings] machinery, [and] equipment, [of any kind necessary to the project] operating capital [and any ] or other personal [properties deemed necessary in connection with the project] property;
] H.
and [G.] I.
"property" means, as necessary to a project, land, land improvements, [to the land] buildings, [and] building improvements, [to the buildings] machinery, h [and] equipment, [of any kind necessary to the project] g o t hr operating capital [and any ] or other personal [properties g e i k deemed necessary in connection with the project] property;
"qualified entity" means the state, [or] one of its agencies, instrumentalities, institutions or e e 17 political subdivisions, [or ] the United States or [any e e n d 18 corporation, department, instrumentality or agency of the = = l ] 19 federal government;
and h r i s [G.] I.
a l r i 20 H.
"qualified entity" means the state, [or] h , t, one of its agencies, instrumentalities, institutions or e u g e b l e e h political subdivisions, [or ] the United States or [any n d d i = = o h corporation, department, instrumentality or agency of the l ] b ,d i a º e federal government;
"bond" means any bonds, notes or other t e a t obligations;
r i = r t e w d m a n o H.
and m m 21 e d r e 22 I.
"bond" means any bonds, notes or other d m :
"bondholder" means a person who is the owner of c e r c 23 a bond, regardless of whether the bond is registered] one of e a n b 24 its corporations, departments, instrumentalities or agencies." u [ SECTION 3.
b e d s º o t n = .212268.1 s k m e - 5 - e a n e d r e l u [ A d obligations;
Section 58-27-4 NMSA 1978 (being Laws 1991, .212268.1 - 5 - Chapter 131, Section 4, as amended) is amended to read:
and I.
"bondholder" means a person who is the owner of a bond, regardless of whether the bond is registered] one of its corporations, departments, instrumentalities or agencies." SECTION 3.
Section 58-27-4 NMSA 1978 (being Laws 1991, Chapter 131, Section 4, as amended) is amended to read:
The voting members appointed by the governor shall be confirmed by the senate.
The voting members appointed by the governor shall be confirmed by the h senate.
The lieutenant governor shall serve as a nonvoting ex- officio member.
The lieutenant governor shall serve as a nonvoting ex- g o t hr officio member.
The chair may appoint a nonvoting advisory committee to provide advice and recommendations on authority matters.
The chair may appoint a nonvoting advisory g e i k committee to provide advice and recommendations on authority h r i s matters.
C.
h , t, C.
The six voting members of the authority e e 17 appointed by the governor shall be citizens of the state and e e n d 18 shall serve for terms of four years except for the initial = = l ] 19 appointees who shall be appointed so that the terms are a l r i 20 staggered after initial appointment.
The six voting members of the authority e u g e b l e e h appointed by the governor shall be citizens of the state and n d d i = = o h shall serve for terms of four years except for the initial l ] b ,d i a º e appointees who shall be appointed so that the terms are r i = r t e w d m a n o staggered after initial appointment.
Initial appointees shall t e a t serve terms as follows:
Initial appointees shall d m :
two members for two years, two members m m 21 e d r e 22 for three years and two members for four years] as follows:
b e d s º o t n = .212268.1 s k m e - 6 - e a n e d r e l u [ A d serve terms as follows:
c e r c 23 (1) the secretary of economic development or e a n b 24 the secretary's designee;
two members for two years, two members for three years and two members for four years] as follows:
u [ (2) the secretary of transportation or the .212268.1 - 6 - secretary's designee;
(1) the secretary of economic development or the secretary's designee;
(2) the secretary of transportation or the secretary's designee;
and 6 (c) have professional experience in:
and (c) have professional experience in:
or 11) business management that consists of serving as the chief executive officer, president or managing director of a business or serving in another upper- level management position of a business;
or 11) business management that consists of serving as the chief executive officer, president or h managing director of a business or serving in another upper- g o t hr level management position of a business;
and (4) two members appointed by the governor, subject to the advice and consent of the senate, who are:
and g e i k (4) two members appointed by the governor, h r i s subject to the advice and consent of the senate, who are:
(a) a city councilor or mayor of a e e 17 municipality of New Mexico whose jurisdiction extends to within e e n d 18 twenty miles of a port of entry;
h , t, (a) a city councilor or mayor of a e u g e b l e e h municipality of New Mexico whose jurisdiction extends to within n d d i = = o h twenty miles of a port of entry;
or = = l ] 19 (b) a county commissioner of a county a l r i 20 whose jurisdiction includes a port of entry.
or l ] b ,d i a º e (b) a county commissioner of a county r i = r t e w d m a n o whose jurisdiction includes a port of entry.
t e a t C.
d m :
The members appointed by the governor shall m m 21 e d r e 22 serve terms as follows:
b e d s º o t n = .212268.1 s k m e - 7 - e a n e d r e l u [ A d C.
c e r c 23 (1) one initial appointee, a one-year term;
The members appointed by the governor shall serve terms as follows:
e a n b 24 (2) one initial appointee, a two-year term;
(1) one initial appointee, a one-year term;
u [ (3) one initial appointee, a three-year term;
(2) one initial appointee, a two-year term;
.212268.1 - 7 - (4) one initial appointee, a four-year term;
(3) one initial appointee, a three-year term;
(4) one initial appointee, a four-year term;
The authority shall invite the following to serve as advisory members of the authority:
The authority shall invite the following to serve as HCEDCºnonvoting»HCEDC advisory members of the authority:
6 (1) the two United States senators representing New Mexico or those senators' designees;
(1) the two United States senators representing New Mexico or those senators' designees;
(3) the lieutenant governor or the lieutenant governor's designee;
h (3) the lieutenant governor or the lieutenant g o t hr governor's designee;
(4) a representative of the governor of the state of Chihuahua or the representative's designee;
g e i k (4) a representative of the governor of the h r i s state of Chihuahua or the representative's designee;
(5) a representative of the governor of the state of Sonora or the representative's designee;
h , t, (5) a representative of the governor of the e u g e b l e e h state of Sonora or the representative's designee;
e e 17 (6) a representative of the development e e n d 18 community in Mexico or the representative's designee;
n d d i = = o h (6) a representative of the development l ] b ,d i a º e community in Mexico or the representative's designee;
and = = l ] 19 (7) additional members as deemed necessary, a l r i 20 and approved, by the authority." t e a t SECTION 4.
and r i = r t e w d m a n o (7) additional members as deemed necessary, d m :
Section 58-27-6 NMSA 1978 (being Laws 1991, m m 21 e d r e 22 Chapter 131, Section 6, as amended) is amended to read:
b e d s º o t n = .212268.1 s k m e - 8 - e a n e d r e l u [ A d and approved, by the authority." SECTION 4.
c e r c 23 "58-27-6.
Section 58-27-6 NMSA 1978 (being Laws 1991, Chapter 131, Section 6, as amended) is amended to read:
OFFICERS OF THE AUTHORITY.--The [secretary of e a n b 24 economic development] authority shall select one of its voting u [ members to serve as the [chairman] chair of the authority and .212268.1 - 8 - one of its voting members to serve as vice chair of the authority, each for a one-year term.
"58-27-6.
Authority members shall elect any other officers from the membership that the authority [determines] deems appropriate." SECTION 5.
OFFICERS OF THE AUTHORITY.--The [secretary of economic development] authority shall select one of its voting members to serve as the [chairman] chair of the authority and one of its voting members to serve as vice chair of the authority, each for a one-year term.
Authority members shall elect any other officers from the membership that the authority [determines ] deems appropriate." SECTION 5.
(1) advise the governor, [and ] the governor's staff and the New Mexico finance authority oversight committee on [methods, proposals ] programs and initiatives [involving] for development in the [New Mexico-Chihuahua] New Mexico-Mexico border area that may [further] stimulate the border economy and provide additional employment opportunities for New Mexico [citizens] residents and on the methods and proposals related to those programs and initiatives;
(1) advise the governor, [and ] the governor's staff and the New Mexico finance authority oversight committee h on [methods, proposals ] programs and initiatives [involving] g o t hr for development in the [New Mexico-Chihuahua] New Mexico-Mexico g e i k border area that may [further] stimulate the border economy and h r i s provide additional employment opportunities for New Mexico h , t, [citizens] residents and on the methods and proposals related e u g e b l e e h to those programs and initiatives;
e e 17 (2) subject to [the provisions of ] the Border e e n d 18 Development Act, initiate, develop, acquire, own, construct and = = l ] 19 maintain border development projects;
n d d i = = o h (2) subject to [the provisions of ] the Border l ] b ,d i a º e Development Act, initiate, develop, acquire, own, construct and r i = r t e w d m a n o maintain border development projects;
a l r i 20 (3) create programs to expand economic t e a t opportunities beyond the [New Mexico-Chihuahua ] New Mexico- m m 21 e d r e 22 Mexico border area to other areas of the state;
d m :
c e r c 23 (4) create avenues of communication between e a n b 24 New Mexico [and Chihuahua ] and [the Republic of] Mexico u [ concerning economic development, trade, [and ] commerce, .212268.1 - 9 - transportation and industrial affairs;
b e d s º o t n = .212268.1 s k m e - 9 - e a n e d r e l u [ A d (3) create programs to expand economic opportunities beyond the [New Mexico-Chihuahua ] New Mexico- Mexico border area to other areas of the state;
(4) create avenues of communication between New Mexico [and Chihuahua ] and [the Republic of] Mexico concerning economic development, trade, [and ] commerce, transportation and industrial affairs;
(7) actively recruit industries and establish programs that [will ] result in the location and relocation of new industries in the state;
(7) actively recruit industries and establish programs that [will ] result in the location and relocation of h new industries in the state;
(8) coordinate and expedite the involvement of the executive department's border area development efforts;
g o t hr (8) coordinate and expedite the involvement of g e i k the executive department's border area development efforts;
(9) perform or cause to be performed environmental, transportation, communication, land use and other technical studies necessary or advisable for projects or e e 17 programs or to secure port-of-entry approval by the United e e n d 18 States and the Mexican governments and, as appropriate , other = = l ] 19 [appropriate] governmental agencies;
h r i s (9) perform or cause to be performed h , t, environmental, transportation, communication, land use and e u g e b l e e h other technical studies necessary or advisable for projects or n d d i = = o h programs or to secure port-of-entry approval by the United l ] b ,d i a º e States and the Mexican governments and, as appropriate , other r i = r t e w d m a n o [appropriate ] governmental agencies;
and a l r i 20 (10) administer the border project fund and t e a t projects financed with expenditures from that fund pursuant to m m 21 e d r e 22 Section 58-27-25.1 NMSA 1978.
and d m :
c e r c 23 B.
b e d s º o t n = .212268.1 s k m e - 10 - e a n e d r e l u [ A d (10) administer the border project fund and projects financed with expenditures from that fund pursuant to Section 58-27-25.1 NMSA 1978.
B.
e a n b 24 (1) solicit and accept federal, state, local u [ and private grants of funds, property or financial or other aid .212268.1 - 10 - in any form [for the purpose of carrying ] to carry out [the provisions of] the Border Development Act;
(1) solicit and accept federal, state, local and private grants of funds, property or financial or other aid in any form [for the purpose of carrying ] to carry out [the provisions of] the Border Development Act;
(2) adopt rules governing [the manner in which] its transaction of business, [is transacted and the manner in which] the exercise of its powers [of the authority 6 are exercised] and the performance of its duties [performed];
(2) adopt rules governing [the manner in which] its transaction of business, [is transacted and the manner in which] the exercise of its powers [of the authority are exercised] and the performance of its duties [performed];
(a) acquiring by purchase or gift [of any] real property necessary for port-of-entry facilities;
(a) acquiring by purchase or gift [of h any] real property necessary for port-of-entry facilities;
[acquisition by ] (b) acquiring by purchase, gift or construction [of any ] facilities or other real or personal property necessary for a port of entry;
g o t hr [acquisition by ] g e i k (b) acquiring by purchase, gift or h r i s construction [of any ] facilities or other real or personal h , t, property necessary for a port of entry;
and filing [all] necessary documents and (c) e e 17 [follow-up of such ] following up on those filings with the e e n d 18 appropriate agencies;
and e u g e b l e e h (c) filing [all] necessary documents and n d d i = = o h [follow-up of such ] following up on those filings with the l ] b ,d i a º e appropriate agencies;
= = l ] 19 (4) as part of a port of entry, give or a l r i 20 transfer real property, facilities and improvements owned by t e a t the authority to the United States government;
r i = r t e w d m a n o (4) as part of a port of entry, give or d m :
m m 21 e d r e 22 (5) acquire by construction, purchase, gift or c e r c 23 lease projects [that shall be located within ] in the state;
b e d s º o t n = .212268.1 s k m e - 11 - e a n e d r e l u [ A d transfer real property, facilities and improvements owned by the authority to the United States government;
e a n b 24 (6) sell, lease or otherwise dispose of a u [ project upon terms and conditions acceptable to the authority .212268.1 - 11 - and in the best interests of the state;
(5) acquire by construction, purchase, gift or lease projects [that shall be located within ] in the state;
(6) sell, lease or otherwise dispose of a project upon terms and conditions acceptable to the authority and in the best interests of the state;
(9) issue revenue bonds and borrow money [for the purpose of defraying] to defray the cost of acquiring a project by purchase or construction and to secure the payment of [the] project bonds or the repayment of a project loan;
(9) issue revenue bonds and borrow money [for the purpose of defraying] to defray the cost of acquiring a h project by purchase or construction and to secure the payment g o t hr of [the] project bonds or the repayment of a project loan;
(10) expend funds or incur debt for the improvement, maintenance or repair of, or for the addition to, property owned by the authority, the state or the United ] and States;
g e i k (10) expend funds or incur debt for the h r i s improvement, maintenance or repair of, or for the addition to, h , t, property owned by the authority, the state or the United e u g e b l e e h States;
[government e e 17 (11) refinance a project.
[government ] and n d d i = = o h (11) refinance a project.
e e n d 18 C.
l ] b ,d i a º e C.
In exercising its authority, the authority shall = = l ] 19 not incur debt as a general obligation of the state or pledge a l r i 20 the full faith and credit of the state to repay debt." t e a t SECTION 6.
In exercising its authority, the authority shall r i = r t e w d m a n o not incur debt as a general obligation of the state or pledge d m :
Section 58-27-12 NMSA 1978 (being Laws 1991, m m 21 e d r e 22 Chapter 131, Section 12, as amended) is amended to read:
b e d s º o t n = .212268.1 s k m e - 12 - e a n e d r e l u [ A d the full faith and credit of the state to repay debt." SECTION 6.
c e r c 23 "58-27-12.
Section 58-27-12 NMSA 1978 (being Laws 1991, Chapter 131, Section 12, as amended) is amended to read:
AUTHORITY STAFF--CONTRACTS.-- e a n b 24 A.
"58-27-12.
AUTHORITY STAFF--CONTRACTS.-- A.
u [ (1) an executive director who has professional .212268.1 - 12 - experience in land development, economic development, maritime or overland shipping by truck or rail, international commerce, finance, economics, accounting, engineering, law, agriculture or business management that consists of serving as the chief executive officer, president or managing director of a business 6 or serving in another upper-level management position of a business;
(1) an executive director who has professional experience in land development, economic development, maritime or overland shipping by truck or rail, international commerce, finance, economics, accounting, engineering, law, agriculture or business management that consists of serving as the chief executive officer, president or managing director of a business or serving in another upper-level management position of a business;
and (2) a public works director who shall at a minimum be a licensed professional engineer in civil engineering with ten years experience in transportation, rural or economic development planning.
and (2) a public works director who shall at a minimum be a licensed professional engineer in civil engineering with ten years experience in transportation, rural h or economic development planning.
B.
g o t hr B.
(1) employ [the necessary] other professional, technical and clerical staff necessary to enable the authority to function efficiently;
g e i k (1) employ [the necessary] other professional, h r i s technical and clerical staff necessary to enable the authority h , t, to function efficiently;
] [B.
e u g e b l e e h [B.
The executive director of the authority shall e e 17 and e e n d 18 (2) direct the affairs and business of the = = l ] 19 authority [subject ] according to the policies, control and a l r i 20 direction of the authority.
The executive director of the authority shall ] n d d i = = o h and l ] b ,d i a º e (2) direct the affairs and business of the r i = r t e w d m a n o authority [subject ] according to the policies, control and d m :
t e a t C.
b e d s º o t n = .212268.1 s k m e - 13 - e a n e d r e l u [ A d direction of the authority.
The authority may contract with any other m m 21 e d r e 22 competent private or public organization or individual to c e r c 23 assist in the fulfillment of its duties." e a n b 24 SECTION 7.
C.
Section 58-27-13 NMSA 1978 (being Laws 1991, u [ Chapter 131, Section 13) is amended to read:
The authority may contract with any other competent private or public organization or individual to assist in the fulfillment of its duties." SECTION 7.
.212268.1 - 13 - "58-27-13.
Section 58-27-13 NMSA 1978 (being Laws 1991, Chapter 131, Section 13) is amended to read:
"58-27-13.
[BORDER] AUTHORITY--BONDING AUTHORITY--POWER TO ISSUE REVENUE BONDS.-- A.
[BORDER ] AUTHORITY--BONDING AUTHORITY--POWER TO ISSUE REVENUE BONDS.-- A.
The authority may issue revenue bonds for authority projects.
The authority may issue revenue bonds for h authority projects.
With the exception of [the ] a port of entry or foreign trade zone, the [border ] authority shall not [be authorized to ] issue bonds for projects for a qualified entity as defined in Section 6-21-3 NMSA 1978.
With the exception of [the ] a port of g o t hr entry or foreign trade zone, the [border ] authority shall not g e i k [be authorized to ] issue bonds for projects for a qualified h r i s entity as defined in Section 6-21-3 NMSA 1978.
Revenue bonds so issued may be considered appropriate investments for the severance tax permanent fund or collateral for the deposit of e e 17 public funds if the bonds are rated [not less than ] "A" or e e n d 18 higher by a national rating service and both the principal and = = l ] 19 interest of the bonds are fully and unconditionally guaranteed a l r i 20 by a lease agreement executed by an agency of the United States t e a t government or by a corporation organized and operating within m m 21 e d r e 22 the United States, that corporation or the long-term debt of c e r c 23 that corporation being rated [not less than ] "A" or higher by a e a n b 24 national rating service.
Revenue bonds h , t, so issued may be considered appropriate investments for the e u g e b l e e h severance tax permanent fund or collateral for the deposit of n d d i = = o h public funds if the bonds are rated [not less than ] "A" or l ] b ,d i a º e higher by a national rating service and both the principal and r i = r t e w d m a n o interest of the bonds are fully and unconditionally guaranteed d m :
All bonds issued by the authority are u [ legal and authorized investments for banks, trust companies, .212268.1 - 14 - savings and loan associations and insurance companies.
b e d s º o t n = .212268.1 s k m e - 14 - e a n e d r e l u [ A d by a lease agreement executed by an agency of the United States government or by a corporation organized and operating within the United States, that corporation or the long-term debt of that corporation being rated [not less than ] "A" or higher by a national rating service.
All bonds issued by the authority are legal and authorized investments for banks, trust companies, savings and loan associations and insurance companies.
[BORDER] AUTHORITY REVENUE BONDS--REFUNDING AUTHORIZATION.-- A.
[BORDER ] AUTHORITY REVENUE BONDS--REFUNDING AUTHORIZATION.-- A.
The authority may issue refunding revenue bonds [for the purpose of refinancing, paying and discharging ] to refinance, pay or discharge all or [any] part of the outstanding authority revenue bonds of [any] one or more [or all] outstanding issues to:
The authority may issue refunding revenue bonds h [for the purpose of refinancing, paying and discharging ] to g o t hr refinance, pay or discharge all or [any] part of the g e i k outstanding authority revenue bonds of [any] one or more [or h r i s all] outstanding issues to:
(1) [for the acceleration, deceleration or other modification of] accelerate, decelerate or otherwise e e 17 modify the payment of [such] those obligations, including e e n d 18 [without limitation ] any capitalization of [any] interest = = l ] 19 [thereon] on those obligations in arrears or about to become a l r i 20 due for [any] a period [not exceeding] of one year or less from t e a t the date of the refunding bonds;
h , t, (1) [for the acceleration, deceleration or e u g e b l e e h other modification of] accelerate, decelerate or otherwise n d d i = = o h modify the payment of [such] those obligations, including l ] b ,d i a º e [without limitation ] any capitalization of [any] interest r i = r t e w d m a n o [thereon] on those obligations in arrears or about to become d m :
m m 21 e d r e 22 (2) [for the purpose of reducing ] reduce c e r c 23 interest costs or [effecting] effect other economies;
b e d s º o t n = .212268.1 s k m e - 15 - e a n e d r e l u [ A d due for [any] a period [not exceeding] of one year or less from the date of the refunding bonds;
or e a n b 24 (3) [for the purpose of modifying or u [ eliminating] modify or eliminate restrictive contractual .212268.1 - 15 - limitations pertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds or pertaining to [any] facilities relating [thereto;
(2) [for the purpose of reducing ] reduce interest costs or [effecting] effect other economies;
or (3) [for the purpose of modifying or eliminating] modify or eliminate restrictive contractual limitations pertaining to the issuance of additional bonds, otherwise concerning the outstanding bonds or pertaining to [any] facilities relating [thereto;
6 B.
B.
Bonds for refunding and bonds for any purpose permitted by the Border Development Act may be issued separately or issued in combination in one series or more." SECTION 10.
Bonds for refunding and bonds for any purpose h permitted by the Border Development Act may be issued g o t hr separately or issued in combination in one series or more." g e i k SECTION 10.
Section 58-27-25 NMSA 1978 (being Laws 1991, Chapter 131, Section 25, as amended) is amended to read:
Section 58-27-25 NMSA 1978 (being Laws 1991, h r i s Chapter 131, Section 25, as amended) is amended to read:
"58-27-25.
h , t, "58-27-25.
FUND CREATED.-- A.
FUND CREATED.-- e u g e b l e e h A.
The "border authority fund" is created in the e e 17 state treasury.
The "border authority fund" is created in the n d d i = = o h state treasury.
Separate accounts within the fund may be e e n d 18 created for [any project ] projects.
Separate accounts within the fund may be l ] b ,d i a º e created for [any project ] projects.
Money in the fund is = = l ] 19 appropriated to the authority for the purposes of carrying out a l r i 20 [the provisions of ] the Border Development Act.
Money in the fund is r i = r t e w d m a n o appropriated to the authority for the purposes of carrying out d m :
Money in the t e a t fund shall not revert at the end of a fiscal year.
b e d s º o t n = .212268.1 s k m e - 16 - e a n e d r e l u [ A d [the provisions of] the Border Development Act.
m m 21 e d r e 22 B.
Money in the fund shall not revert at the end of a fiscal year.
Except as provided in Subsections E and F of c e r c 23 this section, money received by the authority shall be e a n b 24 deposited in the border authority fund, including [but not u [ limited to] all:
B.
.212268.1 - 16 - (1) [the] proceeds of bonds issued by the authority or from any loan to the authority made pursuant to the Border Development Act;
Except as provided in Subsections E and F of this section, money received by the authority shall be deposited in the border authority fund, including [but not limited to] all:
(1) [the ] proceeds of bonds issued by the authority or from any loan to the authority made pursuant to the Border Development Act;
(3) [any] property or securities acquired through the use of money belonging to the fund;
(3) [any ] property or securities acquired through the use of money belonging to the fund;
(4) [all] earnings of [such] that property or those securities;
(4) [all ] earnings of [such] that property or those securities;
(5) lease or rental payments received by the authority from [any ] a project and distributed to the fund pursuant to Subsection F of this section;
(5) lease or rental payments received by the h authority from [any ] a project and distributed to the fund g o t hr pursuant to Subsection F of this section;
(6) [all] other money received by the authority from any public or private source except [that, if the public or private source expresses an intent that the] ] designated by the source for projects pursuant money [be used e e 17 to Section 58-27-25.1 NMSA 1978, [then the money ] which shall e e n d 18 instead be deposited into the border project fund [and not the = = l ] 19 border authority fund];
g e i k (6) [all ] other money received by the h r i s authority from any public or private source except [that, if h , t, the public or private source expresses an intent that the] e u g e b l e e h money [be used ] designated by the source for projects pursuant n d d i = = o h to Section 58-27-25.1 NMSA 1978, [then the money ] which shall l ] b ,d i a º e instead be deposited into the border project fund [and not the r i = r t e w d m a n o border authority fund];
and a l r i 20 (7) tolls, fees, rents or other charges t e a t imposed and collected by the authority and distributed to the m m 21 e d r e 22 fund pursuant to Subsection F of this section.
and d m :
c e r c 23 C.
b e d s º o t n = .212268.1 s k m e - 17 - e a n e d r e l u [ A d (7) tolls, fees, rents or other charges imposed and collected by the authority and distributed to the fund pursuant to Subsection F of this section.
Disbursements from the border authority fund e a n b 24 shall be made only upon warrant drawn by the secretary of u [ finance and administration pursuant to vouchers signed by the .212268.1 - 17 - executive director of the authority, [or ] the executive director's designee [pursuant to the Border Development Act;
C.
Disbursements from the border authority fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the executive director of the authority, [or ] the executive director's designee [pursuant to the Border Development Act;
[In addition, in the event that] If the proceeds from the issuance of bonds or from money borrowed by the authority are deposited in the state treasury, interest earned on that money [during the period commencing with] from the date of its deposit in the state treasury until [the] its actual transfer [of the money] to the fund shall be credited to the fund.
[In addition, in the event that] If the proceeds from the issuance of bonds or from money borrowed by the authority are deposited in the state treasury, interest earned on that money [during the period commencing h with] from the date of its deposit in the state treasury until g o t hr [the] its actual transfer [of the money] to the fund shall be g e i k credited to the fund.
E.
h r i s E.
All proceeds from issuing revenue bonds shall be placed in trust with a chartered bank to be [dispersed ] by the trustee [pursuant] according to the terms [set disbursed e e 17 forth] in the bonding resolution adopted by the authority.
All proceeds from issuing revenue bonds shall be h , t, placed in trust with a chartered bank to be [dispersed ] e u g e b l e e h disbursed by the trustee [pursuant] according to the terms [set n d d i = = o h forth] in the bonding resolution adopted by the authority.
e e n d 18 F.
l ] b ,d i a º e F.
Ten percent of the tolls, fees, rents, lease = = l ] 19 payments and other charges that are imposed, collected and a l r i 20 received by the authority shall be deposited [into ] in the t e a t border project fund and the remaining ninety percent shall be m m 21 e d r e 22 deposited [into ] in the border authority fund.
Ten percent of the tolls, fees, rents, lease r i = r t e w d m a n o payments and other charges that are imposed, collected and d m :
[provided that c e r c 23 the] Money deposited into the border authority fund shall be e a n b 24 expended only as appropriated and in accordance with a budget u [ approved by the state budget division of the department of .212268.1 - 18 - finance and administration." SECTION 11.
b e d s º o t n = .212268.1 s k m e - 18 - e a n e d r e l u [ A d received by the authority shall be deposited [into] in the border project fund and the remaining ninety percent shall be deposited [into ] in the border authority fund.
[provided that the] Money deposited into the border authority fund shall be expended only as appropriated and in accordance with a budget approved by the state budget division of the department of finance and administration." SECTION 11.
(1) payments of principal and interest on loans for projects;
(1) payments of principal and interest on h loans for projects;
(2) the portion of the tolls, fees, rents, lease payments or other charges imposed, collected and received by the authority and distributed to the fund pursuant to Subsection F of Section 58-27-25 NMSA 1978;
g o t hr (2) the portion of the tolls, fees, rents, g e i k lease payments or other charges imposed, collected and received h r i s by the authority and distributed to the fund pursuant to h , t, Subsection F of Section 58-27-25 NMSA 1978;
(3) money from public or private sources [and ] e e 17 that is deposited into the fund pursuant to Paragraph (6) of e e n d 18 Subsection B of Section 58-27-25 NMSA 1978;
e u g e b l e e h (3) money from public or private sources [and ] n d d i = = o h that is deposited into the fund pursuant to Paragraph (6) of l ] b ,d i a º e Subsection B of Section 58-27-25 NMSA 1978;
= = l ] 19 (4) money appropriated by the legislature or a l r i 20 distributed or otherwise allocated to the fund;
r i = r t e w d m a n o (4) money appropriated by the legislature or d m :
t e a t (5) the proceeds of severance tax bonds m m 21 e d r e 22 appropriated to the fund for projects;
b e d s º o t n = .212268.1 s k m e - 19 - e a n e d r e l u [ A d distributed or otherwise allocated to the fund;
and c e r c 23 (6) income from investment of the fund, which e a n b 24 shall be credited to the border project fund.
(5) the proceeds of severance tax bonds appropriated to the fund for projects;
u [ C.
and (6) income from investment of the fund, which shall be credited to the border project fund.
Except for severance tax bond proceeds required .212268.1 - 19 - to revert to the severance tax bonding fund, balances in the border project fund at the end of a fiscal year shall not revert to any other fund.
C.
Except for severance tax bond proceeds required to revert to the severance tax bonding fund, balances in the border project fund at the end of a fiscal year shall not revert to any other fund.
The authority may, as it deems necessary, establish one or more subaccounts of the border project fund 6 [may consist of subaccounts as determined to be necessary by the authority].
The authority may, as it deems necessary, establish one or more subaccounts of the border project fund [may consist of subaccounts as determined to be necessary by the authority].
(1) providing financial assistance in the form of grants or loans with terms and conditions approved by the authority to qualified entities for projects;
(1) providing financial assistance in the form h of grants or loans with terms and conditions approved by the g o t hr authority to qualified entities for projects;
(2) paying costs incurred in the operation of a port of entry or related project pursuant to a joint powers agreement entered into with the federal government;
g e i k (2) paying costs incurred in the operation of h r i s a port of entry or related project pursuant to a joint powers h , t, agreement entered into with the federal government;
[or ] and (3) paying costs incurred in the joint funding e e 17 or operation of a project as part of a joint venture, e e n d 18 partnership or other business relationship with a qualified = = l ] 19 entity or private person.
[or ] and e u g e b l e e h (3) paying costs incurred in the joint funding n d d i = = o h or operation of a project as part of a joint venture, l ] b ,d i a º e partnership or other business relationship with a qualified r i = r t e w d m a n o entity or private person.
a l r i 20 F.
d m :
The authority may, as required , establish t e a t procedures and adopt rules [as required ] to:
b e d s º o t n = .212268.1 s k m e - 20 - e a n e d r e l u [ A d F.
m m 21 e d r e 22 (1) administer the border project fund;
The authority may, as required, establish procedures and adopt rules [as required ] to:
c e r c 23 (2) originate financial assistance in the form e a n b 24 of grants or loans with terms and conditions approved by the u [ authority for projects selected by the authority;
(1) administer the border project fund;
and .212268.1 - 20 - (3) govern the process through which qualified entities may apply for that financial assistance from the border project fund." SECTION 12.
(2) originate financial assistance in the form of grants or loans with terms and conditions approved by the authority for projects selected by the authority;
and (3) govern the process through which qualified entities may apply for that financial assistance from the border project fund." SECTION 12.
- 21 - 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .212268.1
- 21 - h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .212268.1 s k m e e a n e d r e l u [ A d
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Action History

  1. action postponed indefinitely

  2. Sent to Senate Corporations and Transportation Committee & Senate Finance Committee

  3. passed House

  4. DO PASS committee report adopted

  5. DO PASS, as amended, committee report adopted

  6. Sent to House Commerce & Economic Development Committee & House State Government, Elections & Indian Affairs Committee

Sponsors

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1 sponsors · 0 co-sponsors · 111 not signed on

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Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors HB 652?
HB 652 is sponsored by Nathan P. Small (Democrat).
What is the current status of HB 652?
This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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