reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-13 - Agreement of the state.

The state pledges to and agrees with the holder of a bond issued pursuant to the New Mexico Exposition Center Authority Act that the state will not limit or alter the rights vested in the authority to fulfill the terms of agreements made with the bondholder or in any way impair the rights and remedies of that bondholder until the bond together with the interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with an action or proceeding by or on behalf of that bondholder, are fully met and discharged. The authority may include this pledge and agreement of the state in any agreement with a bondholder.
History:
Laws 2005, ch. 342, § 13.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-14 - Bonds; legal investment for public officers and fiduciaries.

Bonds issued by the authority shall be legal investments in which all insurance companies, banks and savings and loan associations organized under the laws of the state, public officers and public bodies and all administrators, guardians, executors, trustees and other fiduciaries may properly and legally invest funds.
History:
Laws 2005, ch. 342, § 14.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-15 - Tax exemption.

A. The creation of the authority is in all respects for the benefit of the people of the state, for the improvement of their health and welfare and for the promotion of projects for the exposition center pursuant to the New Mexico Exposition Center Authority Act. These purposes are public purposes and the authority will be performing an essential governmental function in the exercise of its powers with the purchasers and subsequent holders and transferees of bonds issued by the authority, in consideration of the acceptance of and payment for the bonds. Bonds issued pursuant to the New Mexico Exposition Center Authority Act and the income from the bonds shall at all times be free from taxation by the state, except for estate or gift taxes and taxes on transfers.
B. The property, income and operations of the authority shall be exempt from taxation of every kind and nature.
History:
Laws 2005, ch. 342, § 15.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-16 - Money of the authority; expenses; audit; annual report.

A. Money of the authority, except as otherwise authorized or provided in the New Mexico Exposition Center Authority Act or in a bond resolution, trust indenture or other instrument under which bonds are issued, shall be deposited as soon as practicable in a separate account or accounts in banks or trust companies organized under the laws of this state. Deposits of money shall be secured, if required by the authority, in such a manner as the authority determines to be prudent. Banks or trust companies may give security for deposits of the authority.
B. Subject to the provisions of any contract with bondholders, the authority shall prescribe a system of accounts.
C. Money held by the authority that is not needed for immediate disbursement, including funds held in reserve, may be deposited with the state treasurer for short-term investment pursuant to Section 6-10-10.1 NMSA 1978 or may be invested in direct and general obligations of or obligations fully and unconditionally guaranteed by the United States, obligations issued by agencies of the United States, obligations of this state or any political subdivision of the state, interest-bearing time deposits, commercial paper issued by corporations organized and operating within the United States and rated "prime" quality by a national rating service, other investments permitted by Section 6-10-10 NMSA 1978 or as otherwise provided by the trust indenture or bond resolution, if the funds are pledged for or secure payment of bonds issued by the authority.
D. The authority shall have an audit of its books and accounts made at least once each year by the state auditor or by a certified public accounting firm whose proposal has been reviewed and approved by the state auditor. The cost of the audit shall be an expense of the authority. Copies of the audit shall be submitted to the governor and the New Mexico exposition center authority oversight committee and made available to the public.
E. The authority shall submit a report of its activities to the governor and to the legislature not later than December 1 of each year. Each report shall set forth a complete operating and financial statement covering its operations for that year.
History:
Laws 2005, ch. 342, § 16.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-17 - Corporate existence.

The authority and its corporate existence shall continue until terminated by law, provided that no termination by law shall take effect so long as the authority has bonds or other obligations outstanding, unless adequate provision has been made for the payment of those obligations. Upon termination of the existence of the authority, all its rights and properties in excess of its obligations shall pass to and be vested in the state.
History:
Laws 2005, ch. 342, § 17.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-18 - Prohibited actions.

The authority shall not:
A. deal in securities within the meaning of or subject to securities law, securities exchange law or securities dealer law of the United States or the state or of another state or jurisdiction, domestic or foreign, except as authorized in the New Mexico Exposition Center Authority Act; or
B. issue bills of credit or accept deposits of money for time on demand deposit or administer trusts or engage in any form or manner, or in the conduct of, a private or commercial banking business, or act as a savings bank or savings and loan association or another kind of financial institution except as authorized in the New Mexico Exposition Center Authority Act.
History:
Laws 2005, ch. 342, § 18.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-19 - Conflicts of interest; penalty.

A. If a member, officer or employee of the authority has an interest, either direct or indirect, in a contract to which the authority is or is to be a party, that interest shall be disclosed to the authority in writing and shall be set forth in the minutes of the authority. The member, officer or employee having that interest shall not participate in an action by the authority with respect to that contract.
B. A person who has a conflict of interest as provided in this section and participates in a transaction involving that conflict of interest or fails to notify the authority of the conflict is guilty of a misdemeanor and upon conviction shall be sentenced to imprisonment in the county jail for a definite term of not more than one year or to the payment of a fine of not more than one thousand dollars ($1,000), or both.
History:
Laws 2005, ch. 342, § 19.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-20 - Cumulative authority.

The New Mexico Exposition Center Authority Act shall be deemed to provide an additional and alternative method for the doing of the things it authorizes and shall be regarded as supplemental and additional to powers conferred by other laws and shall not be regarded as in derogation of any powers now existing; provided that the issuance of bonds under the provisions of the New Mexico Exposition Center Authority Act need not comply with the requirements of any other law applicable to the issuance of bonds.
History:
Laws 2005, ch. 342, § 20.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-21 - New Mexico exposition authority oversight committee.

There is created a joint interim legislative committee that shall be known as the "New Mexico exposition center authority oversight committee". The New Mexico legislative council shall determine the membership of the committee and shall appoint the members and designate the chair and the vice chair in accordance with council policies. The staff for the committee shall be provided by the legislative council service.
History:
Laws 2005, ch. 342, § 21.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-22 - Committee duties.

The New Mexico exposition center authority oversight committee shall:
A. monitor and oversee the operation of the authority;
B. meet on a regular basis to receive and review reports from the authority on implementation of the provisions of the New Mexico Exposition Center Authority Act and to review and approve rules proposed for adoption by the authority;
C. oversee and monitor proposed projects for the exposition center in participating jurisdictions;
D. provide advice and assistance to the authority and cooperate with the executive branch of state government and participating jurisdictions on planning, setting priorities for and financing of projects for the exposition center; and
E. report its findings and recommendations, including recommended legislation, to the governor and to each session of the legislature. The report and proposed legislation shall be made available on or before December 15 each year.
History:
Laws 2005, ch. 342, § 22.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 25A - New Mexico Exposition Center Authority › Section 6-25A-23 - Severability.

If any part or application of the New Mexico Exposition Center Authority Act is held invalid, the remainder or its application to other situations shall not be affected.
History:
Laws 2005, ch. 342, § 23.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 342, § 24 made the act effective April 7, 2005.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 26 - Behavioral Health Capital Funding Act › Section 6-26-1 - Short title.

This act [6-26-1 to 6-26-8 NMSA 1978] may be cited as the "Behavioral Health Capital Funding Act".
History:
Laws 2004, ch. 71, § 1.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 71 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 26 - Behavioral Health Capital Funding Act › Section 6-26-2 - Purpose.

The purpose of the Behavioral Health Capital Funding Act is to provide funding for capital projects to eligible entities in order to increase behavioral health care services to sick and indigent patients.
History:
Laws 2004, ch. 71, § 2.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 71 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 26 - Behavioral Health Capital Funding Act › Section 6-26-3 - Definitions.

As used in the Behavioral Health Capital Funding Act:
A. "authority" means the New Mexico finance authority;
B. "capital project" means acquisition, repair, renovation or construction of a behavioral health facility; purchase of land; or acquisition of capital equipment;
C. "department" means the human services department [health care authority department];
D. "eligible entity" means:
(1) a nonprofit behavioral health facility that is a 501(c)(3) nonprofit corporation for federal income tax purposes and serves primarily sick and indigent patients; or
(2) a behavioral health care clinic that operates in a rural or other health care underserved area of the state, that is owned by a county or municipality and that meets department requirements for eligibility;
E. "fund" means the behavioral health capital fund;
F. "operating capital" means funds needed to meet short-term obligations, such as accounts payable, wages, debt servicing, lease and income tax payments; and
G. "project" means a capital project or operating capital needed to support the increase of behavioral health services to sick and medically indigent persons.
History:
Laws 2004, ch. 71, § 3; 2019, ch. 156, § 1; 2023, ch. 129, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 2023, ch. 205, § 16 provided that references to the human services department shall be deemed to be references to the health care authority department.
Cross references.
— For the New Mexico finance authority
see
6-21-4 NMSA 1978.
For the department of health,
see
9-7-4 NMSA 1978.
The 2023 amendment,
effective June 16, 2023, defined "operating capital" and "project" and revised the definitions of "capital project" and "department"; in Subsection B, after "means", added "acquisition", and after "equipment", deleted "of a long term nature"; in Subsection C, after "means the", added "human services", and after "department", deleted "of health"; and added Subsections F and G.
The 2019 amendment,
effective June 14, 2019, expanded the definition of "eligible entity" for purposes of the Behavioral Health Capital Funding Act; and in Subsection D, Paragraph D(1), after "behavioral health facility that", deleted "has assets totaling less than ten million dollars ($10,000,000)", and added Paragraph D(2).
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 26 - Behavioral Health Capital Funding Act › Section 6-26-4 - Behavioral health capital fund.

A. The "behavioral health capital fund" is created as a revolving fund in the authority. The fund shall consist of appropriations, loan repayments, gifts, grants, donations and interest earned on investment of the fund. Money in the fund shall not revert at the end of a fiscal year.
B. Money in the fund is appropriated to the authority for the purpose of making loans to eligible entities for projects pursuant to the Behavioral Health Capital Funding Act.
C. The fund shall be administered by the authority. The authority may recover from the fund the actual costs of administering the fund and originating loans.
History:
Laws 2004, ch. 71, § 4; 2019, ch. 156, § 2; 2023, ch. 129, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed the amount that the New Mexico finance authority may recover from the behavioral health capital fund from up to ten percent of original loan amounts to actual costs of administering the fund and originating loans; in Subsection B, after "eligible entities for", deleted "capital"; and in Subsection C, added "actual" preceding "costs", and after "originating loans", deleted "up to an amount equal to ten percent of original loan amounts".
The 2019 amendment,
effective June 14, 2019, authorized the New Mexico finance authority to recover from the behavioral health capital fund the costs of administering the fund and originating loans; in Subsection C, after "The authority", deleted "or department shall not be paid" and added "may recover", and after "from the fund", added "the costs of administering the fund and originating loans up to an amount equal to ten percent of original loan amounts".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 26 - Behavioral Health Capital Funding Act › Section 6-26-5 - Authority; rules.

The authority, in conjunction with the department, shall adopt rules to administer and implement the provisions of the Behavioral Health Capital Funding Act, including provisions:
A. establishing procedures and forms for applying for loans;
B. specifying the documentation required to be provided by the applicant to justify the need for the project;
C. specifying the documentation required to be provided by the applicant to demonstrate that the applicant is an eligible entity;
D. establishing procedures for review, evaluation and approval of loans, including the programmatic, organizational and financial information necessary to review, evaluate and approve an application;
E. for evaluating the ability and competence of an applicant to provide efficiently and adequately for the completion of a proposed project;
F. for the approval of loan applications, including provisions that accord priority attention to areas with the greatest need for behavioral health services;
G. that ensure fair geographic distribution of loans;
H. establishing requirements for repayment of loans, including payment schedules, interest rates, loan terms and other requirements;
I. for ensuring the authority's interest in any project by the filing of a lien equal to the total of the authority's financial participation in the project; and
J. for such other requirements deemed necessary by the department and the authority to ensure that the state receives the behavioral health services for which the legislature appropriates money and that the investment in a project is protected.
History:
Laws 2004, ch. 71, § 5; 2023, ch. 129, § 3.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, provided the New Mexico finance authority with primary authority for adopting rules to administer and implement the provisions of the Behavioral Health Capital Funding Act; in the section heading, deleted "Department"; in the introductory clause, after "The", deleted "department" and added "authority", and after "with the", deleted "authority" and added "department"; in Subsection A, after "for loans", deleted "for capital projects"; in Subsection B, after "need for the", deleted "capital"; in Subsection E, after "proposed", deleted "capital"; and in Subsection I, after "ensuring the", deleted "state's" and added "authority's", and after "total of the", deleted "state's" and added "authority's"; and in Subsection J, after "that the", deleted "state's interest" and added "investment" and after "in a", deleted "capital".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 26 - Behavioral Health Capital Funding Act › Section 6-26-7 - Eligible entity; change in status.

If an eligible entity that has received a loan or contract for services for a project ceases to maintain its nonprofit status or ceases to deliver behavioral health services at the site of the project for twelve consecutive months, the authority may pursue the remedies provided in the loan agreement or contract for services or as provided by law.
History:
Laws 2004, ch. 71, § 7; 2023, ch. 129, § 5.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, authorized the New Mexico finance authority to pursue remedies provided in a contract for services when an entity has violated the terms of the contract; and after "received a loan", added "or contract for services", deleted "capital" preceding each occurrence of "project", substituted "state" with "authority", and after "loan agreement", added "or contract for services".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 26 - Behavioral Health Capital Funding Act › Section 6-26-8 - Report.

The department and the authority shall report jointly to the governor and the legislature by December 1 of each year on the behavioral health capital funding program.
History:
Laws 2004, ch. 71, § 8.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 71 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 27 - Affordable Housing Act › Section 6-27-1 - Short title.

Chapter 6, Article 27 NMSA 1978 may be cited as the "Affordable Housing Act".
History:
Laws 2004, ch. 104, § 1; 2015, ch. 69, § 1.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, changed the statutory reference of the Affordable Housing Act from "This act" to "Chapter 6, Article 27 NMSA 1978".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 27 - Affordable Housing Act › Section 6-27-2 - Purpose.

The purpose of the Affordable Housing Act is to implement the provisions of Subsections E and F of Article 9, Section 14 of the constitution of New Mexico.
History:
Laws 2004, ch. 104, § 2; 2015, ch. 69, § 2.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, amended the citation of the Affordable Housing Act in this section; after "Subsections E and F of", deleted "Section 14 of", and after "Article 9", added "Section 14".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 27 - Affordable Housing Act › Section 6-27-4 - Eligibility requirements; non-individual and individual qualifying grantees.

A. To be eligible to receive lands, buildings and infrastructure pursuant to Article 9, Section 14 of the constitution of New Mexico, a nonindividual qualifying grantee shall:
(1) have a functioning accounting system that is operated in accordance with generally accepted accounting principles or shall designate an entity that will maintain such an accounting system consistent with generally accepted accounting principles;
(2) have among its purposes significant activities related to providing housing or services to low- or moderate-income persons or households; and
(3) if it has significant outstanding or unresolved monitoring findings from either the authority or its most recent independent financial audit, have a certified letter from the authority or auditor stating that the findings are in the process of being resolved.
B. To be eligible to receive lands, buildings and infrastructure pursuant to Article 9, Section 14 of the constitution of New Mexico, an individual qualifying grantee shall meet the requirements established by the authority pursuant to the Affordable Housing Act.
History:
Laws 2004, ch. 104, § 4; 2015, ch. 69, § 4.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, made technical changes to the citation; in the introductory sentence of Subsection A, after "pursuant to", deleted "Section 14 of", and after "Article 9", added "Section 14"; in Subsection A, Paragraph (1), after "principles or", deleted "has designated" and added "shall designate"; and in Subsection B, after "pursuant to", deleted "Section 14 of", and after "Article 9", added "Section 14".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 27 - Affordable Housing Act › Section 6-27-5 - State, county, municipalities, instrumentalities of the state and the authority; authorization for affordable housing.

The state, including any agency or instrumentality of the state, or a county, a municipality or the authority may:
A. donate, provide or pay all, or a portion, of the costs of land for the construction on the land of affordable housing;
B. donate, provide or pay all or a portion of the costs of conversion or renovation of existing buildings into affordable housing;
C. provide or pay the costs of financing or infrastructure necessary to support affordable housing projects; or
D. provide or pay all or a portion of the costs of acquisition, development, construction, financing, operating or owning affordable housing.
History:
Laws 2004, ch. 104, § 5; 2007, ch. 49, § 2; 2015, ch. 69, § 5.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, authorized instrumentalities of the state to provide for affordable housing; in the catchline, after "municipalities", added "instrumentalities of the state"; and in the introductory sentence, after "The state", added "including any agency or instrumentality of the state, or".
The 2007 amendment,
effective June 15, 2007, permitted governmental entities to donate land and buildings and pay the cost of affordable housing.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 27 - Affordable Housing Act › Section 6-27-6 - Requirement for specific law authorizing a housing assistance grant from state.

A. The specific grant of authority created in the Affordable Housing Act is the prior approval required pursuant to Article 9, Section 14 of the constitution of New Mexico to allow the state to provide affordable housing assistance.
B. Funding pursuant to this grant of authority shall be appropriated to the department of finance and administration for disbursement by the authority to a qualifying grantee in accordance with rules promulgated by the authority.
C. Rules adopted by the authority may include provisions for matching or using local, private or federal funds in connection with a specific grant, but matching or using federal funds shall not be prohibited.
D. The authority shall seek comment from the Mortgage Finance Authority Act [Chapter 58, Article 18 NMSA 1978] oversight committee prior to its adoption of rules pursuant to this section.
History:
Laws 2004, ch. 104, § 6; 2015, ch. 69, § 6.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, corrected a reference to the New Mexico constitution; and in Subsection A, after "Article", changed "4" to "9".
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 27 - Affordable Housing Act › Section 6-27-9 - Investigation of Affordable Housing Act violations; penalties; remedies.

A. The attorney general shall investigate an alleged violation of the Affordable Housing Act reported by the authority. If the attorney general has reasonable belief that a person is in possession, custody or control of an original or copy of a document or recording, including a record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording that the attorney general believes to be relevant to the subject matter of an investigation of a probable violation of the Affordable Housing Act, the attorney general may, prior to the institution of a civil proceeding, execute in writing and cause to be served upon the person a civil investigative demand requiring the person to produce for inspection or copying the document or recording.
B. If the attorney general has reasonable belief that a person has violated a provision of the Affordable Housing Act and that instituting a proceeding against that person would be in the public interest, the attorney general may bring a civil action on behalf of the state alleging a violation of the Affordable Housing Act. The action may be brought in the district court of the county in which the person alleged to have violated that act resides or in which the person's principal place of business is located. The attorney general shall not be required to post bond when seeking a temporary or permanent injunction in the civil action.
C. The attorney general may, in addition to or as an alternative to pursuing a civil action, as provided in this section, pursue criminal charges against a person for an alleged violation of the Affordable Housing Act under the applicable provisions of the Criminal Code. Venue for any criminal action shall be in the judicial district where the violation occurred.
D. In a civil action brought under this section for an alleged violation of the Affordable Housing Act, if a court finds that a person willfully committed an act in violation of the Affordable Housing Act, the attorney general may seek to recover a civil penalty not exceeding the amount of five thousand dollars ($5,000) per violation, in addition to any equitable relief imposed by the court.
E. As used in this section, "person" means an individual, including a municipal or county government employee or elected official, or a corporate entity, including any organization formed under state law to carry out business or other activities.
History:
Laws 2015, ch. 69, § 9.
ANNOTATIONS
Effective dates.
— Laws 2015, ch. 69, § 10 provided that Laws 2015, ch. 69, § 9 was effective July 1, 2015.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 28 - Indian Capital Outlay › Section 6-28-1 - Legislative findings and purpose.

A. The legislature finds that many residents of this state living within Indian country are impoverished and are involuntarily living without electric service, indoor plumbing, adequate potable water, telecommunications or related infrastructure due to federal government policies over the decades. This finding is based upon federal decennial census data showing that Native Americans living in Indian country have a long history of income below federal poverty levels and a lack of basic domestic amenities. Living under such adverse circumstances has a negative impact on the education of children at the elementary and secondary school levels and on the health and welfare of Native Americans in general.
B. Since the nineteenth century, the federal government has assumed a trust responsibility for Native Americans, but since New Mexico attained statehood, it has had a responsibility for its Native American residents.
C. The legislature finds it is the policy of the state of New Mexico to improve the basic quality of life of residents within Indian country through the use of any means available.
D. The purpose of this act is in part to enable the state, in compliance with the provisions of the constitution of New Mexico, to provide financial assistance to residents within Indian country so that they may be served by basic residential services such as electric service, indoor plumbing, sewer, adequate potable water, telecommunications and related infrastructure.
E. The state has developed government-to-government relationships and agreements with the twenty-two Indian nations, tribes and pueblos in New Mexico regarding education and other topics. To better provide services to Native Americans, many state agencies have designated divisions or liaisons to work with the nations, tribes and pueblos.
F. The state has worked with Indian nations, tribes and pueblos, of which the Navajo Nation is the largest tribal government, and recognizes that the Navajo Nation is divided into political subdivisions designated as chapters.
G. Due to federal, state and tribal policies related to the implementation of capital outlay and other projects, delays in implementation due to bureaucratic red tape have resulted in the reversion of millions of dollars in capital outlay funds designated for projects in Indian country.
H. Tribal governments and their subdivisions have, through the years, organized nonprofit entities to assist in the provision of education and other basic services.
History:
Laws 2006, ch. 105, § 1.
ANNOTATIONS
Cross references.
— For the Indian Affairs Department,
see
9-21-1 NMSA 1978.
For the Tribal Infrastructure Act,
see
6-29-1 NMSA 1978.
Emergency clauses.
— Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 28 - Indian Capital Outlay › Section 6-28-2 - Fiscal agents for Navajo Nation projects.

The state recognizes the chapters of the Navajo Nation as local tribal entities having the capability and capacity to apply for and implement capital improvement projects. The state also recognizes as local tribal entities those nonprofit entities organized under the supervision of tribal governments whose mission or objective is to provide education and other basic services and who may apply for and implement capital improvement projects. Therefore, the state may contract through a fiscal agent other than the Navajo Nation for the expenditure of state funds on behalf of local tribal entities of the Navajo Nation. Unless otherwise negotiated, an administrative fee of no more than five percent of a project's cost may be charged by the entity that serves as fiscal agent.
History:
Laws 2006, ch. 105, § 2.
ANNOTATIONS
Cross references.
— For rights-of-way agreements with the Navajo Nation,
see
11-17-1 NMSA 1978.
Emergency clauses.
— Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 28 - Indian Capital Outlay › Section 6-28-3 - Public employment programs.

Local tribal entities may be considered as vendors when they utilize their own resources to implement capital improvement projects.
History:
Laws 2006, ch. 105, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 28 - Indian Capital Outlay › Section 6-28-4 - Direct payments.

A. In the case of capital outlay projects located within Indian country and authorized to the Indian affairs department or other state agencies, the state may make payments directly to third-party contractors for services rendered or goods supplied regarding such projects. Upon approval by the Indian affairs department or other state agency of a billing statement submitted on behalf of a vendor by a tribal government or a local tribal entity, the department may arrange for payment of that statement directly to the vendor. Capital outlay projects may be invoiced and paid in phases.
B. The department of finance and administration is authorized to make payments directly to third-party contractors for services rendered or goods supplied regarding capital outlay projects located within Indian country and authorized to the Indian affairs department or other state agency.
History:
Laws 2006, ch. 105, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 28 - Indian Capital Outlay › Section 6-28-5 - Navajo Nation projects; general fund appropriations.

Money appropriated from the general fund to several chapters of the Navajo Nation located in New Mexico for the same or similar purposes may be pooled by those chapters to create a regional or centralized project upon review of the Indian affairs department and approval by the state board of finance.
History:
Laws 2006, ch. 105, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 28 - Indian Capital Outlay › Section 6-28-6 - Tribal Infrastructure Act.

The provisions of this act [6-28-1 to 6-28-8 NMSA 1978] also may be used to implement the provisions of the Tribal Infrastructure Act [6-29-1 to 6-29-9 NMSA 1978].
History:
Laws 2006, ch. 105, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 28 - Indian Capital Outlay › Section 6-28-7 - Presumption of indigency.

For the purposes of capital outlay projects located within Indian country and authorized to the Indian affairs department, pursuant to Subsection A of Section 14 of Article 9 of the constitution of New Mexico, persons who reside in Indian country who are not served by electric service, water service, indoor plumbing, sewers, telecommunications or related infrastructure are presumed to be indigent. State agencies may contract with and make payment to local tribal entities to assist the indigent in local tribal entities.
History:
Laws 2006, ch. 105, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 28 - Indian Capital Outlay › Section 6-28-8 - Rulemaking authority.

The department of finance and administration or the Indian affairs department [9-21-1 to 9-21-15 NMSA 1978] shall promulgate rules necessary to implement the provisions of this act [6-28-1 to 6-28-8 NMSA 1978].
History:
Laws 2006, ch. 105, § 8.
ANNOTATIONS
Emergency clauses.
— Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 29 - Tribal Infrastructure Act › Section 6-29-1 - Short title.

This act [6-29-1 to 6-29-9 NMSA 1978] may be cited as the "Tribal Infrastructure Act".
History:
1978 Comp., § 9-21-17, enacted by Laws 2005, ch. 146, § 1; recompiled as § 6-29-1 by Laws 2008, ch. 81, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 29 - Tribal Infrastructure Act › Section 6-29-2 - Findings and purpose.

A. The legislature finds that:
(1) tribes lack basic infrastructure resulting in poor social, health and economic conditions of tribal communities;
(2) adequate infrastructure such as water and wastewater systems, major water systems, electrical power lines, communications, roads, health and emergency response facilities and infrastructure needed for economic development are essential to improved health, safety and welfare of all New Mexicans, including residents of tribal communities;
(3) local tribal efforts and resources have been insufficient to develop and maintain a consistent and adequate level of infrastructure in tribal communities;
(4) addressing the urgent need of replacing, improving and developing tribal infrastructure through the use of an alternative financing mechanism is a long-term cost savings benefit to both the state and the tribes; and
(5) adequate infrastructure development on tribal land will allow tribal members to achieve the basic conditions necessary to improve the quality of their lives.
B. The purposes of the Tribal Infrastructure Act are to:
(1) ensure adequate financial resources for infrastructure development for tribal communities;
(2) provide for the planning and development of infrastructure in an efficient and cost-effective manner; and
(3) develop infrastructure in tribal communities to improve the quality of life and encourage economic development.
History:
1978 Comp., § 9-21-18, enacted by Laws 2005, ch. 146, § 2; recompiled as § 6-29-2 by Laws 2008, ch. 81, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 29 - Tribal Infrastructure Act › Section 6-29-3 - Definitions.

As used in the Tribal Infrastructure Act:
A. "board" means the tribal infrastructure board;
B. "department" means the Indian affairs department;
C. "financial assistance" means providing grants or loans on terms and conditions approved by the board;
D. "governor" means the governor of New Mexico;
E. "project fund" means the tribal infrastructure project fund;
F. "qualified project" means a tribal infrastructure project selected by the board for financial assistance pursuant to the Tribal Infrastructure Act;
G. "tribe" means a federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico or any of its governmental entities or subdivisions; and
H. "trust fund" means the tribal infrastructure trust fund.
History:
1978 Comp., § 9-21-19, enacted by Laws 2005, ch. 146, § 3; recompiled as § 6-29-3 by Laws 2008, ch. 81, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 29 - Tribal Infrastructure Act › Section 6-29-4 - Tribal infrastructure board created.

A. The "tribal infrastructure board" is created and is administratively attached to the department.
B. The board shall consist of nine voting members and four non-voting members.
C. The voting ex-officio members are:
(1) the secretary of Indian affairs, or the secretary's designee from the department, who shall be chair of the board;
(2) the secretary of finance and administration or the secretary's designee from the department of finance and administration;
(3) the secretary of health or the secretary's designee from the department of health;
(4) the secretary of environment or the secretary's designee from the department of environment; and
(5) the executive director of the New Mexico finance authority or the executive director's designee from the New Mexico finance authority.
D. The following four voting members who have experience with capital projects development or administration from tribes shall be appointed by the governor:
(1) one person who is a member of a pueblo;
(2) one person who is a member of the Jicarilla Apache Nation;
(3) one person who is a member of the Mescalero Apache Tribe; and
(4) one person who is a member of the Navajo Nation.
E. There shall be four non-voting members as follows:
(1) one representative from the federal bureau of Indian affairs, Albuquerque area office, designated by the regional director;
(2) one representative from the federal bureau of Indian affairs Navajo area office designated by the regional director;
(3) one representative from the Albuquerque area Indian health services designated by the area director; and
(4) one representative from the Navajo area Indian health services designated by the area director.
F. The board shall meet at the call of the chair or whenever four voting members submit a request in writing to the chair, but not less than twice each calendar year. A majority of members constitutes a quorum for the transaction of business. The affirmative vote of at least a majority of a quorum shall be necessary for an action to be taken by the board.
G. Each member of the board appointed by the governor shall be appointed to a two-year term. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term.
H. Members of the board appointed by the governor may receive per diem and mileage as provided for non-salaried public officers in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
1978 Comp., § 9-21-20, enacted by Laws 2005, ch. 146, § 4; recompiled as § 6-29-4 by Laws 2008, ch. 81, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 29 - Tribal Infrastructure Act › Section 6-29-5 - Board; duties.

The board shall:
A. adopt rules governing terms, conditions and priorities for providing financial assistance to tribes, including developing application and evaluation procedures and forms and qualifications for applicants and for projects;
B. provide financial assistance to tribes for qualified projects on terms and conditions established by the board;
C. authorize funding for qualified projects, including:
(1) planning, designing, constructing, improving, expanding or equipping water and wastewater facilities, major water systems, electrical power lines, communications infrastructure, roads, health infrastructure, emergency response facilities and infrastructure needed to encourage economic development;
(2) developing engineering feasibility reports for infrastructure projects;
(3) inspecting construction of qualified projects;
(4) providing special engineering services;
(5) completing environmental assessments or archaeological clearances and other surveys for infrastructure projects;
(6) acquiring land, easements or rights of way; and
(7) paying legal costs and fiscal agent fees associated with development of qualified projects.
History:
1978 Comp., § 9-21-21, enacted by Laws 2005, ch. 146, § 5; recompiled as § 6-29-5 by Laws 2008, ch. 81, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 29 - Tribal Infrastructure Act › Section 6-29-6 - Tribal infrastructure trust fund; created; investment; distribution.

A. The "tribal infrastructure trust fund" is created in the state treasury. The trust fund shall consist of money that is appropriated, donated or otherwise accrues to it. Money in the trust fund shall be invested by the state investment officer in the manner that land grant permanent funds are invested pursuant to Chapter 6, Article 8 NMSA 1978. Income from investment of the trust fund shall be credited to the fund. Money in the trust fund shall not be expended for any purpose, but an annual distribution from the trust fund shall be made to the project fund pursuant to this section.
B. On July 1 of each year in which adequate money is available in the trust fund, an annual distribution shall be made from the trust fund to the project fund in the amount of ten million dollars ($10,000,000) until the distribution is less than an amount equal to four and seven-tenths percent of the average of the year-end market values of the trust fund for the immediately preceding five calendar years. Thereafter, the amount of the annual distribution shall be four and seven-tenths percent of the average of the year-end market values of the trust fund for the immediately preceding five calendar years.
History:
1978 Comp., § 9-21-22, enacted by Laws 2005, ch. 146, § 6; recompiled as § 6-29-6 by Laws 2008, ch. 81, § 4.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 29 - Tribal Infrastructure Act › Section 6-29-8 - Legislative oversight; rule review; report.

A. Rules proposed by the board and the department of finance and administration pursuant to the Tribal Infrastructure Act shall be reviewed by the legislative interim Indian affairs committee prior to approval.
B. The legislative interim Indian affairs committee shall be briefed by the board on grant and loan proposals submitted to the board and shall review, monitor and provide assistance and advice concerning grants and loans proposed by the board.
C. The board shall report to the legislative interim Indian affairs committee no later than October 1 of each year regarding the total expenditures from the project fund for the previous fiscal year, the purposes for which expenditures were made, an analysis of the progress of the projects funded and proposals for legislative action in the subsequent legislative session.
History:
1978 Comp., § 9-21-24, enacted by Laws 2005, ch. 146, § 8; 2007, ch. 124, § 1; recompiled as § 6-29-8 by Laws 2008, ch. 81, § 4.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, required the legislative interim Indian affairs committee to monitor and provide assistance and advice concerning loans and grants.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 29 - Tribal Infrastructure Act › Section 6-29-9 - Tribal capital outlay reversions.

A. The unexpended balances of a capital outlay appropriation made after January 1, 2007 from the general fund to the department or to the aging and long-term services department for projects located on lands of an Indian nation, tribe or pueblo shall revert to the project fund.
B. For the purpose of this section, "unexpended balance" means the remainder of an appropriation after reserving for unpaid costs and expenses covered by binding written obligations to third parties.
History:
Laws 2008, ch. 81, § 3.
ANNOTATIONS
Cross references.
— For the aging and long-term services department,
see
9-23-1 NMSA 1978 et seq.
Effective dates.
— Laws 2008, ch. 81 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 14, 2008, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 6 - Public Finances › Article 30 - Colonias Infrastructure › Section 6-30-1 - Short title.

Sections 1 through 8 [6-30-1 to 6-30-8 NMSA 1978] of this act may be cited as the "Colonias Infrastructure Act".
History:
Laws 2010, ch. 10, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 10, § 11 made the Colonias Infrastructure Act effective July 1, 2011.