HB 196 — REGIONAL HOUSING AUTHORITY CHANGES

HOUSEAN BILLACT 196RELATING 55THTO LEGISLATUREREGIONAL -HOUSING STATEOFNEWMEXICO-AUTHORITIES; FIRST SESSION, 2021 INTRODUCED BY Candy Spence Ezzell This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

TheREMOVING documentCERTAIN isPROVISIONS aREQUIRING toolOVERSIGHT toOF showREGIONAL amendmentsHOUSING inAUTHORITIES contextBY andTHE cannotMORTGAGE beFINANCE usedAUTHORITY; for the purpose of adding amendments to legislation.

hREQUIRING gREGIONAL oHOUSING tAUTHORITIES hrTO gCOMPLY eWITH iTHE kUNITED hSTATES rHOUSING i s h , t, e u g e b l AN ACT eOF e1937 hAND nTO dCOOPERATE dWITH iCERTAIN =FEDERAL =AGENCIES. o h RELATING TO REGIONAL HOUSING AUTHORITIES;

REMOVING9 CERTAINBE lIT ]ENACTED bBY ,dTHE iLEGISLATURE a º e PROVISIONS REQUIRING OVERSIGHT OF REGIONAL HOUSING AUTHORITIES r i = r t e w d BY THE MORTGAGESTATE FINANCEOF AUTHORITY;NEW MEXICO:

REQUIRING REGIONAL HOUSING m a n o d m :

b e d s º o t n = .219247.1AIC February 10, 2021 (8:32am) s k m e e a n e d r e l u [ A d AUTHORITIES TO COMPLY WITH THE UNITED STATES HOUSING ACT OF AND TO COOPERATE WITH CERTAIN FEDERAL AGENCIES;

HLLCº INCREASING THE AMOUNT PERMITTED FOR A REGIONAL HOUSING AUTHORITY TO ENTER INTO A CONTRACT, MEMORANDUM OF UNDERSTANDING OR OTHER AGREEMENT WITHOUT PRIOR APPROVAL.»HLLC HLLCº.»HLLC BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

The board of commissioners of the regional housing authority for each of the three regions shall be appointed by the governor and consist of at least h g seven members who shall be residents of the designated area of o t hr the regional housing authority;

provided that no more than two g e i k members shall be residents of the same county.

Appointments h r i s h shall be for terms of four years and shall be made so that the , t, e u g terms of not more than four commissioners on each board of ecommissioners bexpire lon eHB e196/a hPage commissioners1 expire on July 1 of each year.

Vacancies shall n d d i = = o h l ] b ,d be filled for the unexpired term.

Commissioners shall serve i a º e r i = r until their successors have been appointed.

t e w d m a n o B.

Members of the board of commissioners of a dregional mhousing :authority shall elect an executive committee consisting of a chair, vice chair, treasurer, secretary and one other member of the board to function and meet on a monthly basis as an executive committee.

b e d s º o t n = .219247.1AIC February 10, 2021 (8:32am) s k m e - 2 - e a n e d r e l u [ A d regional housing authority shall elect an executive committee consisting of a chair, vice chair, treasurer, secretary and one other member of the board to function and meet on a monthly basis as an executive committee.

A majority of the appointed commissioners of a board of commissioners shall constitute a quorum of the board for the purpose of conducting its business and exercising its powers and for all other h purposes.

Action may be taken by a regional housing authority g o t hr upon a vote of a majority of the commissioners present.

Each g e i k board of commissioners shall organize itself at its annual h r i s meeting each year.

A board of commissioners may employ an h , t, executive directordirector. [subject to approval by the New Mexico e u g e b l e e h mortgage finance authority].

With delegated authority fromHB the196/a nPage d2 dfrom ithe = = o h board of commissioners, the executive director may hire or l ] b ,d i a º e terminate, according to the procurement and personnel policies rand iprocedures =of rthe tregional ehousing wauthority, dany mtechnical aexperts, nofficers, oattorneys, andagents proceduresor ofemployees, thepermanent regionalor housingtemporary, authority,as anythe technicalregional dhousing mauthority :may require.

b e d s º o t n = .219247.1AIC February 10, 2021 (8:32am) s k m e - 3 - e a n e d r e l u [ A d experts, officers, attorneys, agents or employees, permanent or temporary, as the regional housing authority may require.

All recommendations for h appointments of commissioners shall be forwarded to [and u » r reviewed by the New Mexico mortgage finance authority prior to t h g e l i recommendation to] the governor by the executive director." h r i s SECTION 2.

Section 11-3A-9 NMSA 1978 (being Laws 1994, h , e h Chapter 132, Section 9, as amended) is amended to read:

t u g e b l e e , gh "11-3A-9.

NONPROFIT CORPORATIONS.--Every regional housingHB n196/a dPage d3 ihousing = = o h authority, in addition to other powers conferred by the l ] b ,d i a º r Regional Housing Law, shall have, if authorized by resolution eof rits =board tof ecommissioners, wthe dpower mto acreate nnonprofit ocorporations ofto itscarry boardout ofthe commissioners,powers theand powerduties toset createforth nonprofitin dSection m11-3A-7 :NMSA 1978.

bThe rarticles eof tincorporation ºand oany tsubsequent nchanges =shall .219247.1AICbe Februarysubmitted 10, 2021 (8:32am) s k m e - 4 - e a n e d r e l u [ A d corporations to carry out the powerssecretary andof dutiesstate. set forth in Section 11-3A-7 NMSA 1978.

The articles of incorporation [and bylaws] and any subsequent changes shall be [recommended for approval by the New Mexico mortgage finance authority] submitted to the secretary of state .

FEDERAL COMPLIANCECOMPLIANCE--FINANCIAL --FINANCIAL AND OPERATIONAL OVERSIGHT.-- A.

Every regional housing authority shall comply with the requirements of the United States Housing Act of 1937, as amended, and shall cooperate with the United States department of housing and urban development and with all other h departments of the state and local governments in the g o t hr enforcement and administration of the provisions of the United g e i k States Housing Act of 1937, as amended, and the rules and h r i s regulations issued pursuant to that act;

provided that h , t, compliance shall be in the manner prescribed in this section, e u g e b l e e h or as otherwise provided by law.

n d d i = = o h B.

lHB ]196/a bPage ,d4 i a º e (1) make reports in such form and containing rsuch iinformation =as rrequired tby ethe wagency dor minstrumentality aof nthe oUnited suchStates informationwith aswhich required by the agencyregional orhousing instrumentalityauthority dis mcooperating; :

b e d s º o t n = .219247.1AIC February 10, 2021 (8:32am) s k m e - 5 - e a n e d r e l u [ A d of the United States, with which the regional housing authority is cooperating;

HLLCº[A.] C.

WithoutThe financial affairs of every regional housing authority and any nonprofit corporation created by a regional housing authority shall be thoroughly examined and audited annually by the priorstate approvalauditor, by personnel of the [Newstate Mexicoauditor's mortgageoffice financedesignated authority]by appropriatethe agencystate ofauditor theor federalby government,auditors noapproved regionalby housingthe authoritystate shall:auditor.

(1) enter into any contract, memorandum of understanding or other agreement with a value greater than [one hundred thousand dollars ($100,000)] one hundred fifty thousand dollars ($150,000);

or (2) transfer, sell or liquidate any real or personal property with a value greater than one hundred thousand dollars ($100,000) that was purchased in whole or in h part using federal funding.»HLLC u » r t h [B.

Not less than thirty days prior to the g e l i beginning of its fiscal year, each regional housing authority h r i s and each nonprofit corporation established pursuant to Section h , e h t u g 11-3A-9 NMSA 1978 shall submit a final operating budget for the e b l e e , gh subsequent fiscal year to the New Mexico mortgage finance n d d i = = o h authority for review.

l ] b ,d i a º r e r = C.] HLLCºD.»HLLC HLLCºC.»HLLC The financial t e w d m a n o affairs of every regional housing authority and any nonprofit d m :

b r e t º o t n = .219247.1AIC February 10, 2021 (8:32am) s k m e - 6 - e a n e d r e l u [ A d corporation created by a regional housing authority shall be thoroughly examined and audited annually by the state auditor, by personnel of the state auditor's office designated by the state auditor or by auditors approved by the state auditor.