reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-4 - Imposition of convention center fee; use of proceeds.

A. A local governmental entity may impose by ordinance a fee on the use of a room within a lodging facility within the local governmental entity. The fee may be referred to as the "convention center fee". The amount of the convention center fee shall not exceed two dollars fifty cents ($2.50) per room for each day the room is occupied by a vendee.
B. A convention center fee imposed pursuant to this section shall be reviewed by the governing body of the local governmental entity annually. The local governmental entity shall adjust the amount of the convention center fee by ordinance to result in an amount of revenue equivalent to the following percentage of the actual operating and maintenance costs for the preceding fiscal year of the convention center to which the revenue from the fee is dedicated pursuant to Subsection E of this section:
(1) through fiscal year 2025, one hundred twenty percent;
(2) for fiscal year 2026, one hundred percent; and
(3) for fiscal year 2027 and subsequent fiscal years, a percentage that is two percent less than the prior fiscal year.
C. If convention center fees imposed are subject to the provisions of a joint powers agreement between two local governmental entities, the local governmental entities that are parties to the joint powers agreement shall jointly determine changes in the rate of convention center fees to be imposed.
D. A qualified municipality shall not decrease the convention center fee while revenue bonds to which the revenue of the convention center fees is pledged remain outstanding.
E. A local governmental entity shall dedicate the revenue from the convention center fee as provided in this subsection at the time that the ordinance imposing the fee is enacted. A local governmental entity that is a party to a joint powers agreement regarding the imposition of a convention center fee shall enact an ordinance that includes the provisions stated in the joint powers agreement and limit the use of the revenue to the following:
(1) costs of acquisition of land for and the design, construction, equipping, furnishing, landscaping, operation and maintenance of a convention center located within the qualified municipality;
(2) payments of principal, interest or prior redemption premiums due in connection with and any other charges pertaining to revenue bonds authorized by the Convention Center Financing Act; and
(3) costs of collecting and otherwise administering the convention center fee; provided that administration costs shall not be paid until all required payments on the revenue bonds issued pursuant to the Convention Center Financing Act are made and that no more than five percent of the revenue collected in any fiscal year shall be used to pay administration costs.
History:
Laws 2003, ch. 87, § 4.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-5 - Exemptions.

The convention center fee shall not apply:
A. if a vendee:
(1) has been a permanent resident of the lodging facility for a period of at least fifteen consecutive days; or
(2) enters into or has entered into a written agreement for a room at a lodging facility for a period of at least fifteen consecutive days;
B. if the local governmental entity by ordinance exempts lodging facilities whose maximum daily room charge is less than the amount stated in the ordinance;
C. to rooms at institutions of the federal government, the state or any political subdivision thereof;
D. to rooms at religious, charitable, educational or philanthropic institutions or other nonprofit organizations, including rooms at summer camps operated by such institutions;
E. to clinics, hospitals or other medical facilities;
F. to privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill; or
G. if the vendor does not offer at least three rooms at its lodging facility. The convention center fee shall be imposed on the lodging facilities of a vendor that owns three or more lodging facilities within local governmental entities that have imposed a convention center fee, regardless of the number of rooms available for occupancy.
History:
Laws 2003, ch. 87, § 5; 2004, ch. 98, § 1.
ANNOTATIONS
The 2004 amendment,
effective May 19, 2004, amended Subsection A to change "thirty" to "fifteen" in both paragraphs; amended Subsection B to delete "consideration paid by a vendee is less than two dollars ($2.00) a day" and inserted in its place "local governmental entity by ordinance exempts lodging facilities whose maximum daily room charge is less than the amount stated in the ordinance"; and amended Subsection D to add "or other nonprofit organizations".
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-6 - Collection of convention center fee.

A. A vendor providing rooms in a local governmental entity that has imposed a convention center fee shall collect the proceeds on behalf of the local governmental entity and shall act as a trustee for the fees collected.
B. The convention center fee shall be collected from vendees in accordance with the ordinance imposing the convention center fee and shall be accounted for separately from the rent fixed by the vendor for rooms.
History:
Laws 2003, ch. 87, § 6.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-7 - Audit of vendors.

A local governmental entity assessing a convention center fee shall include verification of the collection of the correct convention center fee in any audit of a vendor conducted pursuant to Section 3-38-17.1 NMSA 1978.
History:
Laws 2003, ch. 87, § 7.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-8 - Financial reporting.

The chief executive officer of a local governmental entity assessing a convention center fee shall report to the local government division of the department of finance and administration on a quarterly basis any expenditure of convention center fee funds.
History:
Laws 2003, ch. 87, § 8.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-9 - Enforcement.

A. An action to enforce the Convention Center Financing Act may be brought by:
(1) the attorney general or the district attorney in the county of jurisdiction; or
(2) a vendor who is collecting the proceeds of a convention center fee in the county of jurisdiction.
B. A district court may issue a writ of mandamus or order an injunction or other appropriate remedy to enforce the provisions of the Convention Center Financing Act.
C. The court shall award costs and reasonable attorney fees to the prevailing party in a court action to enforce the provisions of the Convention Center Financing Act.
History:
Laws 2003, ch. 87, § 9.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-10 - Collection of delinquencies.

A. A local governmental entity shall by ordinance provide that a vendor is liable for the payment of the proceeds of convention center fees that the vendor failed to remit to the local governmental entity. Failure of the vendor to collect the fee is not cause for the local governmental entity to forgive convention center fees due and owed by the vendor. The ordinance shall provide for a civil penalty for each occurrence of failure to remit convention center fees in an amount equal to the greater of ten percent of the amount that was not duly remitted to the local governmental entity or one hundred dollars ($100).
B. The local governmental entity may bring an action in the district court of the judicial district in which the local governmental entity is located for collection of amounts due, including without limitation, penalties on the amounts due on the unpaid principal at a rate not exceeding one percent per month, the costs of collection and reasonable attorney fees incurred in connection with the court action to collect the unpaid convention center fees.
History:
Laws 2003, ch. 87, § 10.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-11 - Lien for convention center fee; payment; certificate of lien.

A. The convention center fee assessed by a local governmental entity constitutes a lien in favor of that local governmental entity upon the personal and real property of the vendor providing lodging facilities in that local governmental entity. The lien may be enforced as provided in Sections 3-36-1 through 3-36-7 NMSA 1978. Priority of the lien shall be determined from the date of filing.
B. Under process or order of court, a person shall not sell the property of a vendor without first ascertaining from the clerk or treasurer of the local governmental entity in which the vendor is located the amount of any convention center fees due. Convention center fees due the local governmental entity shall be paid from the proceeds of the sale before payment is made to the judgment creditor or any other person with a claim on the sale proceeds.
C. The clerk or treasurer of the local governmental entity shall furnish a certificate of lien to a person applying for a certificate showing the amount of all liens in the records of the local governmental entity against any vendor pursuant to the Convention Center Financing Act.
History:
Laws 2003, ch. 87, § 11.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-12 - Ordinance requirements.

The ordinance imposing a convention center fee or any ordinance amending the imposition of a convention center fee shall:
A. state:
(1) the rate of the convention center fee to be imposed;
(2) the times, place and method for the payment of the convention center fee proceeds to the local governmental entity;
(3) the accounts and other records to be maintained in connection with the convention center fee;
(4) a procedure for making refunds and resolving disputes relating to the convention center fee;
(5) the procedure for preservation and destruction of records and for their inspection and investigation;
(6) vendor audit requirements;
(7) applicable civil and criminal penalties; and
(8) a procedure of liens, distraint and sales to satisfy those liens; and
B. provide other rights, privileges, powers, immunities and other details relating to the collection of the convention center fee and the remittance of the proceeds thereof to the local governmental entity.
History:
Laws 2003, ch. 87, § 12.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-13 - Revenue bonds.

A. Revenue bonds may be issued at any time by a qualified municipality that has imposed a convention center fee to defray wholly or in part the costs authorized in Paragraph (1) of Subsection E of Section 4 [5-13-4 NMSA 1978] of the Convention Center Financing Act. The revenue bonds may be payable from and payment may be secured by a pledge of and lien on the revenue derived from:
(1) the proceeds of the convention center fee of the qualified municipality and the proceeds of the convention center fee of a local governmental entity that has entered into a joint powers agreement with the qualified municipality to impose a convention center fee, the proceeds of which shall be dedicated to the payment of revenue bonds for a convention center in the qualified municipality;
(2) a convention center to which the bonds pertain, after provision is made for the payment of the operation and maintenance expenses of the convention center;
(3) that portion of the proceeds of the occupancy tax of the qualified municipality available for payment of revenue bonds pursuant to Paragraph (1) of Subsection B of Section 3-38-23 NMSA 1978;
(4) any other legal available revenues of the qualified municipality; or
(5) a combination of revenues from the sources designated in Paragraphs (1) through (4) of this subsection.
B. The bonds shall bear interest at a rate or rates as authorized in the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978], and the first interest payment may be for any period authorized in the Public Securities Act.
C. Except as otherwise provided in the Convention Center Financing Act, revenue bonds authorized in that act shall be issued in accordance with the provisions of Sections 3-31-2 through 3-31-6 NMSA 1978.
History:
Laws 2003, ch. 87, § 13.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-14 - Refunding bonds.

A. A qualified municipality having issued revenue bonds as authorized in the Convention Center Financing Act may issue refunding revenue bonds payable from pledged revenues authorized for the payment of revenue bonds at the time of the refunding or at the time of the issuance of the bonds being refunded as the governing body of the qualified municipality may determine, notwithstanding that the revenue sources or the pledge of such revenues or both are thereby modified.
B. Refunding bonds may be issued for the purpose of refinancing, paying and discharging all or a part of outstanding bonds of any one or more outstanding bond issues:
(1) for the acceleration, deceleration or other modification of the payment of the obligations, including any capitalization of any interest in arrears or about to become due for any period not exceeding one year from the date of the refunding bonds;
(2) for the purpose of reducing interest costs or effecting other economies;
(3) for the purpose of modifying or eliminating restrictive contractual limitations pertaining to the issuance of additional bonds or otherwise concerning the outstanding bonds; or
(4) for any combination of the purposes specified in Paragraphs (1) through (3) of this subsection.
C. The interest on a bond refunded shall not be increased to a rate in excess of the rate authorized in the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978] and shall be paid as authorized in that act.
D. Refunding bonds for any other purpose permitted by the Convention Center Financing Act may be issued separately or issued in combination in one series or more.
E. Except as otherwise provided in the Convention Center Financing Act, refunding bonds authorized in that act shall be issued in accordance with the provisions of Sections 3-31-10 and 3-31-11 NMSA 1978.
History:
Laws 2003, ch. 87, § 14.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13 - Convention Center Financing › Section 5-13-15 - Penalties.

A local governmental entity shall by ordinance provide for penalties by creating a misdemeanor and imposing a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days or both for a violation by any person of the provisions of the convention center fee ordinance for a failure to pay the fee or to remit the proceeds thereof to the local governmental entity.
History:
Laws 2003, ch. 87, § 15.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-1 - Short title.

This act [5-13A-1 to 5-13A-14 NMSA 1978] may be cited as the "Sports and Recreation Facility Financing Act".
History:
Laws 2008, ch. 76, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-2 - Definitions.

As used in the Sports and Recreation Facility Financing Act:
A. "local governing body" means the governing body of a qualified municipality authorized pursuant to the provisions of the Sports and Recreation Facility Financing Act to impose sports and recreation facility fees;
B. "lodging facility" means a hotel, motel or motor hotel; a bed and breakfast facility; an inn; or any other facility offering rooms for payment of rent or other consideration;
C. "qualified municipality" means an incorporated municipality with a population of more than one thousand but less than one thousand one hundred that is located in a class B county with a population of greater than fourteen thousand but less than fifteen thousand according to the most recent federal decennial census;
D. "room" means a unit of a lodging facility, such as a hotel room;
E. "sports and recreation facility fee" means the fee imposed by a local governing body pursuant to the Sports and Recreation Facility Financing Act on vendees for the use of lodging facilities;
F. "vendee" means a person who rents or pays consideration to a vendor for use of a room; and
G. "vendor" means a person or the person's agent who furnishes rooms for occupancy for consideration.
History:
Laws 2008, ch. 76, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-3 - Authorization; sports and recreation facility fee imposition; local governing body.

A local governing body may impose a sports and recreation facility fee if the local governing body has enacted an ordinance to impose a sports and recreation facility fee and the ordinance has been approved by referendum as required in the Sports and Recreation Facility Financing Act.
History:
Laws 2008, ch. 76, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-5 - Exceptions.

The sports and recreation facility fee shall not apply:
A. if the local governing body by ordinance exempts lodging facilities whose maximum daily room charge is less than an amount stated in the ordinance;
B. to rooms at institutions of the federal government, the state or any political subdivision of the federal government or the state;
C. to rooms at religious, charitable, educational or philanthropic institutions or other nonprofit organizations, including rooms at summer camps operated by such organizations;
D. to clinics, hospitals or other medical facilities;
E. to privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill; or
F. if the vendor does not offer at least three rooms at the vendor's lodging facility.
History:
Laws 2008, ch. 76, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-6 - Collection of sports and recreation facility fee.

A. A vendor providing rooms in a qualified municipality in which the local governing body has imposed a sports and recreation facility fee shall collect the fee on behalf of the local governing body and shall remit the fees collected to the local governing body on or before the twenty-fifth day of the month following the month in which the fees are collected along with the occupancy tax also collected.
B. The sports and recreation facility fee shall be collected by a vendor from vendees as a room surcharge at the time that rent is collected by the vendor and shall be accounted for separately from the rent fixed by the vendor for the rooms.
History:
Laws 2008, ch. 76, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-7 - Audit of vendors.

A local governing body imposing a sports and recreation facility fee shall include verification of the collection of the correct sports and recreation facility fee in any audit of a vendor conducted pursuant to Section 3-38-17.1 NMSA 1978.
History:
Laws 2008, ch. 76, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-8 - Financial reporting.

The chief financial officer of a local governing body assessing a sports and recreation facility fee shall report to the local government division of the department of finance and administration on a quarterly basis any expenditure of sports and recreation facility funds.
History:
Laws 2008, ch. 76, § 8.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-9 - Enforcement.

An action to enforce the Sports and Recreation Facility Financing Act may be brought by:
A. the municipal attorney of the qualified municipality, or a person designated by the qualified municipality, as approved by the local governing body; or
B. a vendor who is collecting the proceeds of a sports and recreation facility fee in the county in which the qualified municipality is located.
History:
Laws 2008, ch. 76, § 9.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-10 - Collection of delinquencies.

A. A local governing body shall by ordinance provide that a vendor is liable for the payment of the proceeds of sports and recreation facility fees that the vendor failed to remit to the local governing body. Failure of the vendor to collect the fee is not cause for the local governing body to forgive sports and recreation facility fees due and owed by the vendor. The ordinance shall provide for a civil penalty for each occurrence of failure to remit sports and recreation facility fees in the amount due. The civil penalty shall be an amount equal to the greater of ten percent of the amount that was not duly remitted to the local governing body or one hundred dollars ($100).
B. The local governing body may bring an action in the district court of the judicial district in which the qualified municipality is located for collection of amounts due, including, without limitation, interest on the amounts due on the unpaid principal at a rate not exceeding one percent per month, the costs of collection and reasonable attorney fees incurred in connection with the court action to collect the delinquent sports and recreation facility fees.
History:
Laws 2008, ch. 76, § 10.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-11 - Lien for sports and recreation facility fee payment; certificate of lien.

A. The sports and recreation facility fee assessed by a local governing body constitutes a lien in favor of that local governing body upon the personal and real property of the vendor providing lodging facilities in that qualified municipality. The lien may be enforced as provided in Sections 3-36-1 through 3-36-7 NMSA 1978.
B. Under process or order of the court, a person shall not sell the property of a vendor without first ascertaining from the clerk or treasurer of the qualified municipality in which the vendor is located the amount of sports and recreation facility fees due. Sports and recreation facility fees due to the local governing body shall be paid from the proceeds of the sale consistent with the lien priorities set forth in Sections 3-36-1 through 3-36-7 NMSA 1978.
C. The clerk or treasurer of the qualified municipality shall furnish a certificate of lien to a person applying for a certificate showing the amount of all liens in the records of the qualified municipality against any vendor pursuant to the Sports and Recreation Facility Financing Act.
History:
Laws 2008, ch. 76, § 11.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-12 - Ordinance requirements.

The ordinance imposing a sports and recreation facility fee or any ordinance amending the imposition of a sports and recreation facility fee:
A. shall state:
(1) the rate of the sports and recreation facility fee to be imposed;
(2) the time, place and method for the payment of the sports and recreation facility fee proceeds to the local governing body;
(3) the accounts and other records to be maintained in connection with the sports and recreation facility fee;
(4) a procedure for making refunds and resolving disputes relating to the sports and recreation facility fee;
(5) the procedures for preservation, destruction, inspection and investigation of records;
(6) vendor audit requirements;
(7) applicable civil penalties;
(8) a procedure for liens and sales to satisfy those liens;
(9) that the ordinance is not effective until the imposition of the sports and recreation facility fee has been approved pursuant to a referendum in which a majority of voters voting within the qualified municipality votes in favor of imposition of the sports and recreation facility fee; and
(10) that the sports and recreation facility fee shall be imposed for a period not exceeding twenty years from the effective date of the ordinance imposing the sports and recreation facility fee; and
B. shall provide other rights, privileges, powers, immunities and details relating to the collection of the sports and recreation facility fee and the remittance of the proceeds of that fee to the local governing body.
History:
Laws 2008, ch. 76, § 12.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-13 - Revenue bonds.

A. Revenue bonds may be issued at any time by a qualified municipality that has imposed a sports and recreation facility fee to defray wholly or in part the costs authorized by the Sports and Recreation Facility Financing Act. The revenue bonds may be payable from, and payment may be secured by, a pledge of and lien on the revenue derived from:
(1) the proceeds of the sports and recreation facility fee of the qualified municipality dedicated to the payment of revenue bonds for a sports and recreation facility in the qualified municipality;
(2) a sports and recreation facility to which the bonds pertain, after provision is made for the payment of the operation and maintenance expenses of the sports and recreation facility;
(3) that portion of the proceeds of the occupancy tax of the qualified municipality available for payment of revenue bonds pursuant to Section 3-38-23 NMSA 1978;
(4) any other legal available revenues of the qualified municipality; or
(5) a combination of revenues from the sources designated in this subsection.
B. The bonds shall bear interest at a rate or rates as authorized in the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978], and the first interest payment may be for any period authorized in the Public Securities Act.
C. Except as otherwise provided in the Sports and Recreation Facility Financing Act, revenue bonds authorized pursuant to that act shall be issued in accordance with the provisions of Sections 3-31-2 through 3-31-6 NMSA 1978.
History:
Laws 2008, ch. 76, § 13.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 13A - Sports and Recreation Facility Financing Act › Section 5-13A-14 - Refunding bonds.

A. A qualified municipality having issued revenue bonds may issue refunding bonds payable from pledged revenues authorized for the payment of the revenue bonds at the time of the refunding or at the time of the issuance of the bonds being refunded, as the local governing body may determine, regardless of whether the revenue sources or the pledge of the revenues or both are modified at the time of the refunding.
B. Refunding bonds may be issued for the purpose of refinancing, paying and discharging all or a part of outstanding bonds of one or more outstanding bond issues:
(1) for the acceleration, deceleration or other modification of the payment of the obligations, including capitalization of interest that is in arrears or about to become due for any period not exceeding one year from the date of the refunding bonds;
(2) for the purpose of reducing interest costs or effecting other economies;
(3) for the purpose of modifying or eliminating restrictive contractual limitations pertaining to the issuance of additional bonds or otherwise concerning the outstanding bonds; or
(4) for any combination of the purposes set forth in this subsection.
C. The interest on a bond refunded shall not be increased to a rate in excess of the rate authorized in the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978] and shall be paid as authorized in that act.
D. Refunding bonds for any other purpose permitted by the Sports and Recreation Facility Financing Act may be issued separately or issued in combination in one series or more.
E. Except as otherwise provided in the Sports and Recreation Facility Financing Act, refunding bonds authorized in that act shall be issued in accordance with the provisions of Sections 3-31-10 and 3-31-11 NMSA 1978.
History:
Laws 2008, ch. 76, § 14.
ANNOTATIONS
Emergency clauses.
— Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-1 - Short title.

This act [5-14-1 to 5-14-15 NMSA 1978] may be cited as the "Civic and Convention Center Funding Act".
History:
Laws 2003, ch. 374, § 1.
ANNOTATIONS
Cross references.
— For the Convention Center Financing Act,
see
5-13-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-2 - Definitions.

As used in the Civic and Convention Center Funding Act:
A. "convention center fee" means the fee imposed by a local government entity pursuant to the Civic and Convention Center Funding Act on vendees for the use of lodging facilities;
B. "county" means a county within which a qualified municipality is located;
C. "local governmental entity" means a qualified municipality or a county authorized by the Civic and Convention Center Funding Act to impose convention center fees;
D. "lodging facility" means a hotel, motel or motor hotel, a bed and breakfast facility, an inn, a resort or other facility offering rooms for payment of rent or other consideration;
E. "qualified municipality" means an incorporated municipality that has a population of more than fifty thousand but less than seventy thousand according to the most recent federal decennial census and that is located in a class A county;
F. "room" means a unit of a lodging facility, such as a hotel room;
G. "vendee" means a person who rents or pays consideration to a vendor for use of a room; and
H. "vendor" means a person or his agent who furnishes rooms for occupancy for consideration.
History:
Laws 2003, ch. 374, § 2.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-3 - Authorized local governmental entities.

The following local governmental entities are authorized to impose a convention center fee:
A. a qualified municipality if the governing body of the qualified municipality has by resolution authorized the development and construction of a civic and convention center within the qualified municipality; and
B. a county, provided that:
(1) a qualified municipality within the county has enacted an ordinance to impose a convention center fee; and
(2) the qualified municipality and the county have entered into a joint powers agreement pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978] to collect the revenue from the convention center fee and to expend the revenue as required in the Civic and Convention Center Funding Act.
History:
Laws 2003, ch. 374, § 3.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-5 - Exemptions.

The convention center fee shall not apply:
A. if a vendee:
(1) has been a permanent resident of the lodging facility for a period of at least thirty consecutive days; or
(2) enters into or has entered into a written agreement for a room at a lodging facility for a period of at least thirty consecutive days;
B. if the consideration paid by a vendee is less than two dollars ($2.00) a day;
C. to rooms at institutions of the federal government, the state or any political subdivision thereof;
D. to rooms at religious, charitable, educational or philanthropic institutions, including rooms at summer camps operated by such institutions;
E. to clinics, hospitals or other medical facilities;
F. to privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill; or
G. if the vendor does not offer at least three rooms at its lodging facility. The convention center fee shall be imposed on the lodging facilities of a vendor that owns three or more lodging facilities within local governmental entities that have imposed a convention center fee, regardless of the number of rooms available for occupancy.
History:
Laws 2003, ch. 374, § 5.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-6 - Collection of convention center fee.

A. A vendor providing rooms within a local governmental entity that has imposed a convention center fee shall collect the proceeds on behalf of the local governmental entity and shall act as a trustee for the fees collected.
B. The convention center fee shall be collected from vendees in accordance with the ordinance imposing the convention center fee and shall be accounted for separately from the rent fixed by the vendor for rooms.
History:
Laws 2003, ch. 374, § 6.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-7 - Audit of vendors.

A local governmental entity imposing a convention center fee shall include verification of the collection of the correct convention center fee in any audit of a vendor conducted pursuant to Section 3-38-17.1 NMSA 1978.
History:
Laws 2003, ch. 374, § 7.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-8 - Financial reporting.

The chief executive officer of a local governmental entity imposing a convention center fee shall report to the local government division of the department of finance and administration on a quarterly basis any expenditure of convention center fee funds.
History:
Laws 2003, ch. 374, § 8.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-9 - Enforcement.

A. An action to enforce the Civic and Convention Center Funding Act may be brought by:
(1) the attorney general or the district attorney in the county of jurisdiction; or
(2) a vendor who is collecting the proceeds of a convention center fee in the county of jurisdiction.
B. A district court may issue a writ of mandamus or order an injunction or other appropriate remedy to enforce the provisions of the Civic and Convention Center Funding Act.
C. The court shall award costs and reasonable attorney fees to the prevailing party in a court action to enforce the provisions of the Civic and Convention Center Funding Act.
History:
Laws 2003, ch. 374, § 9.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-10 - Collection of delinquencies.

A. A local governmental entity shall by ordinance provide that a vendor is liable for the payment of the proceeds of convention center fees that the vendor failed to remit to the local governmental entity. Failure of the vendor to collect the fee is not cause for the local governmental entity to forgive convention center fees due and owed by the vendor. The ordinance shall provide for a civil penalty for each occurrence of failure to remit convention center fees in an amount equal to the greater of ten percent of the amount that was not duly remitted to the local governmental entity or one hundred dollars ($100).
B. The local governmental entity may bring an action in the district court of the judicial district in which the local governmental entity is located for collection of amounts due, including without limitation, penalties on the amounts due on the unpaid principal at a rate not exceeding one percent per month, the costs of collection and reasonable attorney fees incurred in connection with the court action to collect the unpaid convention center fees.
History:
Laws 2003, ch. 374, § 10.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-11 - Lien for convention center fee; payment; certificate of lien.

A. The convention center fee assessed by a local governmental entity constitutes a lien in favor of that local governmental entity upon the personal and real property of the vendor providing lodging facilities in that local governmental entity. The lien may be enforced as provided in Sections 3-36-1 through 3-36-7 NMSA 1978. Priority of the lien shall be determined from the date of filing.
B. Under process or order of court, a person shall not sell the property of a vendor without first ascertaining from the clerk or treasurer of the local governmental entity in which the vendor is located the amount of any convention center fees due. Convention center fees due the local governmental entity shall be paid from the proceeds of the sale before payment is made to the judgment creditor or any other person with a claim on the sale proceeds.
C. The clerk or treasurer of the local governmental entity shall furnish a certificate of lien to a person applying for a certificate showing the amount of all liens in the records of the local governmental entity against any vendor pursuant to the Civic and Convention Center Funding Act.
History:
Laws 2003, ch. 374, § 11.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-12 - Ordinance requirements.

The ordinance imposing a convention center fee or any ordinance amending the imposition of a convention center fee shall:
A. state:
(1) the rate of the convention center fee to be imposed;
(2) the times, place and method for the payment of the convention center fee proceeds to the local governmental entity;
(3) the accounts and other records to be maintained in connection with the convention center fee;
(4) a procedure for making refunds and resolving disputes relating to the convention center fee;
(5) the procedure for preservation and destruction of records and for their inspection and investigation;
(6) vendor audit requirements;
(7) applicable civil and criminal penalties; and
(8) a procedure of liens, distraint and sales to satisfy those liens; and
B. provide other rights, privileges, powers, immunities and other details relating to the collection of the convention center fee and the remittance of the proceeds to the local governmental entity.
History:
Laws 2003, ch. 374, § 12.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-13 - Revenue bonds.

A. Revenue bonds may be issued at any time by a qualified municipality that has imposed a convention center fee to defray wholly or in part the costs authorized in Paragraph (1) of Subsection C of Section 5-14-4 NMSA 1978. The revenue bonds may be payable from and payment may be secured by a pledge of and lien on the revenue derived from:
(1) the proceeds of the convention center fee of the qualified municipality and the proceeds of the convention center fee of a county that has entered into a joint powers agreement with the qualified municipality to impose a convention center fee, the proceeds of which shall be dedicated to the payment of revenue bonds for a civic and convention center in the qualified municipality;
(2) a civic and convention center to which the bonds pertain, after provision is made for the payment of the operation and maintenance expenses of the civic and convention center;
(3) that portion of the proceeds of the occupancy tax of the qualified municipality available for payment of revenue bonds pursuant to Paragraph (1) of Subsection B of Section 3-38-23 NMSA 1978;
(4) any other legal available revenues of the qualified municipality; or
(5) a combination of revenues from the sources designated in Paragraphs (1) through (4) of this subsection.
B. The bonds shall bear interest at a rate or rates as authorized in the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978], and the first interest payment may be for any period authorized in the Public Securities Act.
C. Except as otherwise provided in the Civic and Convention Center Funding Act, revenue bonds authorized in that act shall be issued in accordance with the provisions of Sections 3-31-2 through 3-31-6 NMSA 1978.
History:
Laws 2003, ch. 374, § 13; 2004, ch. 97, § 2.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-14 - Refunding bonds.

A. A qualified municipality having issued revenue bonds as authorized in the Civic and Convention Center Funding Act may issue refunding revenue bonds payable from pledged revenues authorized for the payment of revenue bonds at the time of the refunding or at the time of the issuance of the bonds being refunded as the governing body of the qualified municipality may determine, notwithstanding that the revenue sources or the pledge of such revenues or both are thereby modified.
B. Refunding bonds may be issued for the purpose of refinancing, paying and discharging all or a part of outstanding bonds of any one or more outstanding bond issues:
(1) for the acceleration, deceleration or other modification of the payment of the obligations, including any capitalization of any interest in arrears or about to become due for any period not exceeding one year from the date of the refunding bonds;
(2) for the purpose of reducing interest costs or effecting other economies;
(3) for the purpose of modifying or eliminating restrictive contractual limitations pertaining to the issuance of additional bonds or otherwise concerning the outstanding bonds; or
(4) for any combination of the purposes specified in Paragraphs (1) through (3) of this subsection.
C. The interest on a bond refunded shall not be increased to a rate in excess of the rate authorized in the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978] and shall be paid as authorized in that act.
D. Refunding bonds for any other purpose permitted by the Civic and Convention Center Funding Act may be issued separately or issued in combination in one series or more.
E. Except as otherwise provided in the Civic and Convention Center Funding Act, refunding bonds authorized in that act shall be issued in accordance with the provisions of Sections 3-31-10 and 3-31-11 NMSA 1978.
History:
Laws 2003, ch. 374, § 14.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 14 - Civic and Convention Center Funding › Section 5-14-15 - Penalties.

A local governmental entity shall by ordinance provide for penalties by creating a misdemeanor and imposing a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days or both for a violation by any person of the provisions of the convention center fee ordinance for a failure to pay the fee or to remit the proceeds thereof to the local governmental entity.
History:
Laws 2003, ch. 374, § 15.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 15 - Tax Increment for Development › Section 5-15-1 - Short title.

Chapter 5, Article 15 NMSA 1978 may be cited as the "Tax Increment for Development Act".
History:
Laws 2006, ch. 75, § 1; 2009, ch. 179, § 1.
ANNOTATIONS
The 2009 amendment,
effective June 19, 2009, changed the reference to the act to the chapter and article of NMSA 1978.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 15 - Tax Increment for Development › Section 5-15-2 - Findings and purpose.

A. The purpose of the Tax Increment for Development Act is to create a mechanism for providing gross receipts tax financing and property tax financing for public infrastructure for the purpose of supporting economic development and job creation.
B. The legislature finds and declares that the powers conferred by the Tax Increment for Development Act are for public uses and purposes for which public money may be expended and the public power exercised, and that it is necessary and in the public interest for the provisions enacted in the Tax Increment for Development Act to be declared as a matter of legislative determination.
History:
Laws 2006, ch. 75, § 2.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 75, § 36 contained an emergency clause and was approved March 6, 2006.
2023 New Mexico Statutes › Chapter 5 - Municipalities and Counties › Article 15 - Tax Increment for Development › Section 5-15-5 - Contents of tax increment development plan.

A tax increment development plan shall include:
A. a map depicting the geographical boundaries of the area proposed for inclusion within the tax increment development area;
B. the estimated time necessary to complete the tax increment development project;
C. a description and the estimated cost of all public improvements proposed for the tax increment development project;
D. whether it is proposed to use gross receipts tax increment bonds or property tax increment bonds or both to finance all or part of the public improvements;
E. the estimated annual gross receipts tax increment to be generated by the tax increment development project and the portion of that gross receipts tax increment to be allocated during the time necessary to complete the payment of the tax increment development project;
F. the estimated annual property tax increment to be generated by the tax increment development project and the portion of that property tax increment to be allocated during the time necessary to complete the payment of the tax increment development project;
G. the general proposed land uses for the tax increment development project;
H. the number and types of jobs expected to be created by the tax increment development project;
I. the amount and characteristics of workforce housing expected to be created by the tax increment development project;
J. the location and characteristics of public school facilities expected to be created, improved, rehabilitated or constructed by the tax increment development project;
K. a description of innovative planning techniques, including mixed-use transit-oriented development, traditional neighborhood design or sustainable development techniques, that are deemed by the governing body to be beneficial and that will be incorporated into the tax increment development project; and
L. the amount and type of private investment in each tax increment development project.
History:
Laws 2006, ch. 75, § 5.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 75, § 36 contained an emergency clause and was approved March 6, 2006.