New Mexico 2025 Regular Session

New Mexico House Bill HB227 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	underscored material = new
2	2	[bracketed material] = delete
3	3	1
4	4	2
5	5	3
6	6	4
7	7	5
8	8	6
9	9	7
10	10	8
11	11	9
12	12	10
13	13	11
14	14	12
15	15	13
16	16	14
17	17	15
18	18	16
19	19	17
20	20	18
21	21	19
22	22	20
23	23	21
24	24	22
25	25	23
26	26	24
27	27	25
28	28	HOUSE BILL 227
29	29	57
30	30	TH LEGISLATURE
31	31	-
32	32
33	33	STATE
34	34
35	35	OF
36	36
37	37	NEW
38	38
39	39	MEXICO
40	40
41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Linda Serrato
48	48	AN ACT
49	49	RELATING TO FINANCE; AMENDING THE LOCAL ECONOMIC DEVELOPMENT
50	50	ACT TO INCLUDE CHILD CARE FACILITIES AS QUALIFYING ENTITIES.
51	51	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
52	52	SECTION 1. Section 5-10-3 NMSA 1978 (being Laws 1993,
53	53	Chapter 297, Section 3, as amended by Laws 2021, Chapter 3,
54	54	Section 1 and by Laws 2021, Chapter 135, Section 1) is amended
55	55	to read:
56	56	"5-10-3. DEFINITIONS.--As used in the Local Economic
57	57	Development Act:
58	58	A. "arts and cultural district" means a developed
59	59	district of public and private uses that is created pursuant to
60	60	the Arts and Cultural District Act;
61	61	B. "broadband telecommunications network
62	62	facilities" means the electronics, equipment, transmission
63	63	.228473.2 underscored material = new
64	64	[bracketed material] = delete
65	65	1
66	66	2
67	67	3
68	68	4
69	69	5
70	70	6
71	71	7
72	72	8
73	73	9
74	74	10
75	75	11
76	76	12
77	77	13
78	78	14
79	79	15
80	80	16
81	81	17
82	82	18
83	83	19
84	84	20
85	85	21
86	86	22
87	87	23
88	88	24
89	89	25
90	90	facilities, fiber-optic cables and any other item directly
91	91	related to a system capable of transmission of internet
92	92	protocol or other formatted data at current federal
93	93	communications commission baseline speed standard, all of which
94	94	will be owned and used by a provider of internet access
95	95	services;
96	96	C. "cultural facility" means a facility that is
97	97	owned by the state, a county, a municipality or a qualifying
98	98	entity that serves the public through preserving, educating and
99	99	promoting the arts and culture of a particular locale,
100	100	including theaters, museums, libraries, galleries, cultural
101	101	compounds, educational organizations, performing arts venues
102	102	and organizations, fine arts organizations, studios and media
103	103	laboratories and live-work housing facilities;
104	104	D. "department" means the economic development
105	105	department;
106	106	E. "economic development project" or "project"
107	107	means the project of a qualifying entity for which public
108	108	support may be provided pursuant to the Local Economic
109	109	Development Act;
110	110	F. "governing body" means the city council, city
111	111	commission or board of trustees of a municipality or the board
112	112	of county commissioners of a county;
113	113	G. "local government" means a municipality or
114	114	county;
115	115	.228473.2
116	116	- 2 - underscored material = new
117	117	[bracketed material] = delete
118	118	1
119	119	2
120	120	3
121	121	4
122	122	5
123	123	6
124	124	7
125	125	8
126	126	9
127	127	10
128	128	11
129	129	12
130	130	13
131	131	14
132	132	15
133	133	16
134	134	17
135	135	18
136	136	19
137	137	20
138	138	21
139	139	22
140	140	23
141	141	24
142	142	25
143	143	H. "municipality" means an incorporated city, town
144	144	or village;
145	145	I. "new full-time economic base job" means a job:
146	146	(1) that is primarily performed in New Mexico;
147	147	(2) that is held by an employee who is hired
148	148	to work an average of at least thirty-two hours per week for at
149	149	least forty-eight weeks per year;
150	150	(3) that is:
151	151	(a) involved, directly or in a
152	152	supervisory capacity, with the production of: 1) a service;
153	153	provided that the majority of the revenue generated from the
154	154	service is from sources outside the state, unless the employer
155	155	is a child care facility, including both family-home-based and
156	156	center-based programs, licensed by the early childhood
157	157	education and care department to provide care to infants,
158	158	toddlers and children ; or 2) tangible or intangible personal
159	159	property for sale; or
160	160	(b) held by an employee who is employed
161	161	at a regional, national or international headquarters operation
162	162	or at an operation that primarily provides services for other
163	163	operations of the qualifying entity that are located outside
164	164	the state; and
165	165	(4) that is not directly involved with natural
166	166	resources extraction or processing, on-site services where the
167	167	customer is present for the delivery of the service, unless the
168	168	.228473.2
169	169	- 3 - underscored material = new
170	170	[bracketed material] = delete
171	171	1
172	172	2
173	173	3
174	174	4
175	175	5
176	176	6
177	177	7
178	178	8
179	179	9
180	180	10
181	181	11
182	182	12
183	183	13
184	184	14
185	185	15
186	186	16
187	187	17
188	188	18
189	189	19
190	190	20
191	191	21
192	192	22
193	193	23
194	194	24
195	195	25
196	196	employer is a child care facility, including both family-home-
197	197	based and center-based programs, licensed by the early
198	198	childhood education and care department to provide care to
199	199	infants, toddlers and children , retail, construction or
200	200	agriculture except for value-added processing performed on
201	201	agricultural products that would then be sold for wholesale or
202	202	retail consumption;
203	203	J. "person" means an individual, corporation,
204	204	association, partnership or other legal entity;
205	205	K. "public support" means the provision of
206	206	assistance by the state to a local or regional government or
207	207	the provision of direct or indirect assistance to a qualifying
208	208	entity by a local or regional government for an economic
209	209	development project. "Public support":
210	210	(1) includes the provision of:
211	211	(a) land, buildings or other
212	212	infrastructure, by purchase, lease, grant, construction,
213	213	reconstruction, improvement or other acquisition or conveyance;
214	214	(b) the placement of new broadband
215	215	telecommunications network facilities; provided that the
216	216	facilities shall not serve a public facility or location that
217	217	already meets federal communications commission baseline speed
218	218	standards;
219	219	(c) rights-of-way infrastructure,
220	220	including trenching and conduit, for the placement of new
221	221	.228473.2
222	222	- 4 - underscored material = new
223	223	[bracketed material] = delete
224	224	1
225	225	2
226	226	3
227	227	4
228	228	5
229	229	6
230	230	7
231	231	8
232	232	9
233	233	10
234	234	11
235	235	12
236	236	13
237	237	14
238	238	15
239	239	16
240	240	17
241	241	18
242	242	19
243	243	20
244	244	21
245	245	22
246	246	23
247	247	24
248	248	25
249	249	broadband telecommunications network facilities;
250	250	(d) public works improvements essential
251	251	to the location or expansion of a qualifying entity;
252	252	(e) payments for professional services
253	253	contracts necessary for local or regional governments to
254	254	implement a plan or provide public support for a project;
255	255	(f) direct loans or grants for land,
256	256	buildings or infrastructure;
257	257	(g) technical assistance to cultural
258	258	facilities;
259	259	(h) loan guarantees securing the cost of
260	260	land, buildings or infrastructure in an amount not to exceed
261	261	the revenue that may be derived from an increment of the: 1)
262	262	municipal gross receipts tax imposed at a rate not to exceed
263	263	one-fourth percent and dedicated by the ordinance imposing the
264	264	increment for projects; or 2) county gross receipts tax imposed
265	265	at a rate not to exceed one-eighth percent and dedicated by the
266	266	ordinance imposing the increment for projects;
267	267	(i) grants for public works
268	268	infrastructure improvements essential to the location or
269	269	expansion of a qualifying entity and grants or subsidies to
270	270	cultural facilities;
271	271	(j) land for a publicly held industrial
272	272	park or a publicly owned cultural facility, by purchase; and
273	273	(k) the construction of a building for
274	274	.228473.2
275	275	- 5 - underscored material = new
276	276	[bracketed material] = delete
277	277	1
278	278	2
279	279	3
280	280	4
281	281	5
282	282	6
283	283	7
284	284	8
285	285	9
286	286	10
287	287	11
288	288	12
289	289	13
290	290	14
291	291	15
292	292	16
293	293	17
294	294	18
295	295	19
296	296	20
297	297	21
298	298	22
299	299	23
300	300	24
301	301	25
302	302	use by a qualifying entity; but
303	303	(2) does not include the purchase, lease,
304	304	grant or other acquisition or conveyance of water rights;
305	305	L. "qualifying entity" means a corporation, limited
306	306	liability company, partnership, joint venture, syndicate,
307	307	association, nonprofit organization or other person that is one
308	308	or a combination of two or more of the following:
309	309	(1) an industry for the manufacturing,
310	310	processing or assembling of agricultural or manufactured
311	311	products;
312	312	(2) a commercial enterprise for storing,
313	313	warehousing, distributing or selling products of agriculture,
314	314	mining or industry, but, other than as provided in Paragraph
315	315	(5), (6) or (9) of this subsection, not including any
316	316	enterprise for sale of goods or commodities at retail or for
317	317	distribution to the public of electricity, gas, water or
318	318	telephone or other services commonly classified as public
319	319	utilities;
320	320	(3) a business, including a restaurant or
321	321	lodging establishment, in which all or part of the activities
322	322	of the business involves the supplying of services to the
323	323	general public or to governmental agencies or to a specific
324	324	industry or customer, but, other than as provided in Paragraph
325	325	(5) or (9) of this subsection, not including businesses
326	326	primarily engaged in the sale of goods or commodities at
327	327	.228473.2
328	328	- 6 - underscored material = new
329	329	[bracketed material] = delete
330	330	1
331	331	2
332	332	3
333	333	4
334	334	5
335	335	6
336	336	7
337	337	8
338	338	9
339	339	10
340	340	11
341	341	12
342	342	13
343	343	14
344	344	15
345	345	16
346	346	17
347	347	18
348	348	19
349	349	20
350	350	21
351	351	22
352	352	23
353	353	24
354	354	25
355	355	retail;
356	356	(4) an Indian nation, tribe or pueblo or a
357	357	federally chartered tribal corporation;
358	358	(5) a telecommunications sales enterprise that
359	359	makes the majority of its sales to persons outside New Mexico;
360	360	(6) a facility for the direct sales by growers
361	361	of agricultural products, commonly known as farmers' markets;
362	362	(7) a business that is the developer of a
363	363	metropolitan redevelopment project;
364	364	(8) a cultural facility; [and ]
365	365	(9) a retail business; and
366	366	(10) a child care facility, including both
367	367	family-home-based and center-based programs, licensed by the
368	368	early childhood education and care department to provide care
369	369	to infants, toddlers and children;
370	370	M. "regional government" means any combination of
371	371	municipalities and counties that enter into a joint powers
372	372	agreement to provide public support for economic development
373	373	projects pursuant to a plan adopted by all parties to the joint
374	374	powers agreement; and
375	375	N. "retail business" means a business that is
376	376	primarily engaged in the sale of goods or commodities at retail
377	377	and that is located:
378	378	(1) in a municipality with a population,
379	379	according to the most recent federal decennial census, of:
380	380	.228473.2
381	381	- 7 - underscored material = new
382	382	[bracketed material] = delete
383	383	1
384	384	2
385	385	3
386	386	4
387	387	5
388	388	6
389	389	7
390	390	8
391	391	9
392	392	10
393	393	11
394	394	12
395	395	13
396	396	14
397	397	15
398	398	16
399	399	17
400	400	18
401	401	19
402	402	20
403	403	21
404	404	22
405	405	23
406	406	24
407	407	25
408	408	(a) fifteen thousand or less; or
409	409	(b) more than fifteen thousand if the
410	410	economic development project is not funded or financed with
411	411	state government revenues; or
412	412	(2) in an unincorporated area of a county."
413	413	- 8 -
414	414	.228473.2