New Mexico 2025 Regular Session

New Mexico House Bill HB469 Compare Versions

Only one version of the bill is available at this time.
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2828 HOUSE BILL 469
2929 57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
3030 INTRODUCED BY
3131 Raymundo Lara
3232 AN ACT
3333 RELATING TO BORDER DEVELOPMENT; AMENDING THE BORDER DEVELOPMENT
3434 ACT; CHANGING THE COMPOSITION OF THE BORDER AUTHORITY;
3535 PROVIDING PROFESSIONAL QUALIFICATION REQUIREMENTS FOR THE
3636 POSITION OF EXECUTIVE DIRECTOR; MAKING TECHNICAL AND CLARIFYING
3737 CHANGES; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978.
3838 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3939 SECTION 1. Section 58-27-3 NMSA 1978 (being Laws 1991,
4040 Chapter 131, Section 3, as amended) is amended to read:
4141 "58-27-3. DEFINITIONS.--As used in the Border Development
4242 Act:
4343 A. "authority" means the border authority;
4444 B. "bond" includes notes and obligations;
4545 C. "bondholder" means the owner of a registered or
4646 unregistered bond;
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7474 [B.] D. "financial assistance" means grants and
7575 loans provided for projects to a qualified entity on terms and
7676 conditions approved by the authority;
7777 [C.] E. "mortgage" means a mortgage or a mortgage
7878 and deed of trust or the pledge and hypothecation of any assets
7979 as collateral security;
8080 [D.] F. "port of entry" means an international port
8181 of entry in New Mexico at which customs services are provided
8282 by the United States customs and border protection;
8383 [E.] G. "project" means [any ] land, [or] a building
8484 or [any] other [improvements ] improvement acquired as a part of
8585 a port of entry, [or] associated with a port of entry or to aid
8686 commerce in connection with a port of entry, including [all ]
8787 real [and] or personal property [deemed ] acquired as necessary
8888 in connection therewith, whether or not now in existence. A
8989 project shall be suitable for use by, or for, one or more of
9090 the following:
9191 (1) a port of entry, a foreign trade zone, an
9292 inspection station, an emergency response station or any other
9393 facilities to be used by [any ] an agency or entity of the
9494 United States government, [by ] another qualified entity or [by
9595 any other] a foreign international state;
9696 (2) an industry for the manufacturing,
9797 processing or [assembling of any ] assembly of an agricultural,
9898 mining or manufactured product;
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127127 (3) a railroad switching yard, railroad
128128 station, bus terminal, airport or other passenger, commuter or
129129 mass transportation system or freight transportation system;
130130 (4) a commercial business or other enterprise
131131 engaged in storing, warehousing, distributing or selling
132132 products of manufacturing, agriculture, mining or related
133133 industries, not including facilities designed for the
134134 distribution to the public of electricity or gas;
135135 (5) an enterprise in which all or part of the
136136 activities of the enterprise involve supplying services to the
137137 general public or to governmental agencies or to a specific
138138 industry or customer;
139139 (6) any industrial, commercial, agricultural,
140140 professional or other business enterprise seeking to occupy
141141 office space;
142142 (7) infrastructure development involving
143143 acquiring, repairing, improving or maintaining storm sewers and
144144 other drainage improvements, sanitary sewers, sewage treatment,
145145 water utilities or solid waste disposal facilities, including
146146 acquiring rights of way or water rights;
147147 (8) infrastructure development involving
148148 reconstructing, resurfacing, maintaining, repairing or
149149 improving existing alleys, streets, roads or bridges or laying
150150 off, opening, constructing or acquiring new alleys, streets,
151151 roads or bridges, including acquiring rights of way;
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180180 (9) any industry that involves any water
181181 distribution or irrigation system, including pumps,
182182 distribution lines, transmission lines, fences, dams and
183183 similar facilities and equipment, including acquiring rights of
184184 way; or
185185 (10) fire protection services or equipment or
186186 police protection services or equipment;
187187 [F.] H. "property" means land, improvements to the
188188 land, buildings and improvements to the buildings, machinery
189189 and equipment of any kind necessary to the project, operating
190190 capital and any other personal properties deemed necessary in
191191 connection with the project; and
192192 [G.] I. "qualified entity" means the state or one
193193 of its agencies, instrumentalities, institutions or political
194194 subdivisions or the United States or any corporation,
195195 department, instrumentality or agency of the federal government
196196 [H. "bond" means any bonds, notes or other
197197 obligations; and
198198 I. "bondholder" means a person who is the owner of
199199 a bond, regardless of whether the bond is registered ]."
200200 SECTION 2. Section 58-27-4 NMSA 1978 (being Laws 1991,
201201 Chapter 131, Section 4, as amended) is amended to read:
202202 "58-27-4. BORDER AUTHORITY CREATED--MEMBERSHIP.--
203203 A. The "border authority" is created. The
204204 authority is a state agency and is administratively attached to
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233233 the economic development department.
234234 B. [The authority consists of seven voting members,
235235 six of whom shall be appointed by the governor. No more than
236236 three of those appointed shall belong to the same political
237237 party. The seventh member shall be the secretary of economic
238238 development or the secretary's designee. The voting members
239239 appointed by the governor shall be confirmed by the senate. ]
240240 The lieutenant governor shall serve as a nonvoting ex-officio
241241 member. [The chair may appoint a nonvoting advisory committee
242242 to provide advice and recommendations on authority matters.
243243 C. The six voting members of the authority
244244 appointed by the governor shall be citizens of the state and
245245 shall serve for terms of four years except for the initial
246246 appointees who shall be appointed so that the terms are
247247 staggered after initial appointment. Initial appointees shall
248248 serve terms as follows: two members for two years, two members
249249 for three years and two members for four years. ]
250250 C. The authority consists of the following nine
251251 members:
252252 (1) the secretary of economic development or
253253 the secretary's designee;
254254 (2) the secretary of transportation or the
255255 secretary's designee;
256256 (3) three members appointed by the governor,
257257 subject to the advice and consent of the senate, who:
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286286 (a) are New Mexico residents;
287287 (b) represent the private sector; and
288288 (c) have professional experience in: 1)
289289 accounting; 2) agriculture; 3) business logistics or freight
290290 shipping; 4) business management; 5) economic or land
291291 development; 6) economics; 7) engineering; 8) finance; 9)
292292 international commerce; or 10) the practice of law;
293293 (4) one member appointed by the governor,
294294 subject to the advice and consent of the senate, who is a city
295295 councilor or mayor of a municipality with a jurisdiction that
296296 is within twenty miles of a port of entry;
297297 (5) one member appointed by the governor,
298298 subject to the advice and consent of the senate, who is a
299299 member of a board of county commissioners of a county with a
300300 jurisdiction that includes a port of entry;
301301 (6) one member appointed by the speaker of the
302302 house of representatives; and
303303 (7) one member appointed by the president pro
304304 tempore of the senate.
305305 D. The members of the authority appointed by the
306306 governor pursuant to Subsection B of this section shall serve
307307 the following terms:
308308 (1) one initial appointee, a one-year term;
309309 (2) one initial appointee, a two-year term;
310310 (3) one initial appointee, a three-year term;
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339339 (4) one initial appointee, a four-year term;
340340 and
341341 (5) all other appointees, a five-year term.
342342 E. The authority shall invite the following
343343 officials to serve as advisory members of the authority:
344344 (1) the two United States senators
345345 representing New Mexico or those senators' designees;
346346 (2) the United States representative
347347 representing New Mexico's second congressional district or the
348348 representative's designee;
349349 (3) the governor of the state of Chihuahua,
350350 Mexico, or the governor's designee;
351351 (4) the governor of the state of Sonora,
352352 Mexico, or the governor's designee;
353353 (5) a person involved with business
354354 development in Mexico; and
355355 (6) additional members as deemed necessary and
356356 approved by the authority. "
357357 SECTION 3. Section 58-27-6 NMSA 1978 (being Laws 1991,
358358 Chapter 131, Section 6, as amended) is amended to read:
359359 "58-27-6. OFFICERS OF THE AUTHORITY.--The [secretary of
360360 economic development shall serve as the chairman of the
361361 authority. Authority members shall elect any other officers
362362 from the membership that the authority determines appropriate ]
363363 members of the authority shall elect a voting member to be its
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392392 chair and a voting member to be its vice chair. The members of
393393 the authority may establish other officer positions as the
394394 members deem appropriate. All officer positions shall be for a
395395 term of one year."
396396 SECTION 4. Section 58-27-10 NMSA 1978 (being Laws 1991,
397397 Chapter 131, Section 10, as amended) is amended to read:
398398 "58-27-10. POWERS AND DUTIES OF AUTHORITY.--
399399 A. The authority shall:
400400 (1) advise the governor and the governor's
401401 staff and the New Mexico finance authority oversight committee
402402 on [methods, proposals ] programs and initiatives [involving the
403403 New Mexico-Chihuahua] for development in the New Mexico-Mexico
404404 border area that may [further ] stimulate the border economy and
405405 provide additional employment opportunities for New Mexico
406406 [citizens] residents and on the methods and proposals related
407407 to those programs and initiatives ;
408408 (2) subject to the provisions of the Border
409409 Development Act, initiate, develop, acquire, own, construct and
410410 maintain border development projects;
411411 (3) create programs to expand economic
412412 opportunities beyond the [New Mexico-Chihuahua ] New Mexico-
413413 Mexico border area to other areas of the state;
414414 (4) create avenues of communication between
415415 New Mexico and [Chihuahua and the Republic of ] Mexico
416416 concerning economic development, trade, [and ] commerce,
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445445 transportation and industrial affairs;
446446 (5) promote legislation that will further the
447447 goals of the authority and development of the border [region ]
448448 area;
449449 (6) produce or cause to have produced
450450 promotional literature [related to explanation and fulfillment
451451 of] explaining the authority's goals and reporting on the
452452 progress made toward those goals ;
453453 (7) actively recruit industries and establish
454454 programs that will result in the location and relocation of new
455455 industries in the state;
456456 (8) coordinate and expedite the involvement of
457457 the [executive department's ] state agency border area
458458 development efforts;
459459 (9) perform or cause to be performed
460460 environmental, transportation, communication, land use and
461461 other technical studies necessary or advisable for projects or
462462 programs or to secure port-of-entry approval by the United
463463 States and the Mexican governments and other appropriate
464464 governmental agencies; and
465465 (10) administer the border project fund and
466466 projects financed with expenditures from that fund pursuant to
467467 Section 58-27-25.1 NMSA 1978.
468468 B. The authority may:
469469 (1) solicit and accept federal, state, local
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498498 and private grants of funds, property or financial or other aid
499499 in any form [for the purpose of carrying out ] to carry out the
500500 provisions of the Border Development Act;
501501 (2) adopt rules governing [the manner in which
502502 its business is transacted and the manner in which the powers
503503 of the authority are exercised and its duties performed ] its
504504 transaction of business, the exercise of its powers or the
505505 performance of its duties ;
506506 (3) act as an applicant for and the operator
507507 of port-of-entry facilities and, as the applicant, carry out
508508 all related tasks and functions, including: [acquisition by
509509 purchase or gift of any real property necessary for port-of-
510510 entry facilities, acquisition by purchase, gift or construction
511511 of any facilities or other real or personal property necessary
512512 for a port of entry and filing all necessary documents and
513513 follow-up of such filings with appropriate agencies ]
514514 (a) acquiring by purchase or gift real
515515 property necessary for port-of-entry facilities;
516516 (b) acquiring by purchase, gift or
517517 construction facilities or other real or personal property
518518 necessary for a port of entry; and
519519 (c) filing necessary documents and
520520 following up on those filings with the appropriate agencies;
521521 (4) as part of a port of entry, give or
522522 transfer real property, facilities and improvements owned by
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551551 the authority to the United States government;
552552 (5) acquire by construction, purchase, gift or
553553 lease projects [that shall be located within ] in the state;
554554 (6) sell, lease or otherwise dispose of a
555555 project upon terms and conditions acceptable to the authority
556556 and in the best interests of the state;
557557 (7) enter into agreements with the [federal ]
558558 United States government for the operation, improvement and
559559 expansion of federal border facilities;
560560 (8) enter into joint ventures, partnerships or
561561 other business relationships with qualified entities and
562562 private persons for the joint funding and operation of
563563 projects;
564564 (9) enter into agreements with private persons
565565 concerning the advance of money by private persons for public
566566 purposes or the granting of real property by private persons
567567 for public purposes;
568568 [(9)] (10) issue revenue bonds and borrow
569569 money [for the purpose of defraying ] to defray the cost of
570570 acquiring a project by purchase or construction and to secure
571571 the payment of [the] project bonds or [repayment of a ] the
572572 repayment of a project loan;
573573 [(10)] (11) expend funds or incur debt for the
574574 improvement, maintenance, repair or addition to property owned
575575 by the authority, the state or the United States government;
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604604 and
605605 [(11)] (12) refinance a project.
606606 C. In exercising its authority, the authority shall
607607 not incur debt as a general obligation of the state or pledge
608608 the full faith and credit of the state to repay debt."
609609 SECTION 5. Section 58-27-12 NMSA 1978 (being Laws 1991,
610610 Chapter 131, Section 12, as amended) is amended to read:
611611 "58-27-12. AUTHORITY STAFF--CONTRACTS.--
612612 [A. The authority shall hire an executive director
613613 who shall employ the necessary professional, technical and
614614 clerical staff to enable the authority to function efficiently.
615615 B. The executive director of the authority shall
616616 direct the affairs and business of the authority, subject to
617617 the policies, control and direction of the authority ]
618618 A. The authority shall hire an executive director,
619619 who shall have the following minimum qualifications:
620620 (1) a doctorate in jurisprudence or a
621621 baccalaureate degree in accounting, agronomy, business,
622622 economics, engineering or finance; and
623623 (2) four years of professional experience in
624624 business management, economic or land development or freight
625625 shipping or supply chain logistics, including at least two
626626 years of experience in a managerial and policy-making position
627627 at a business entity.
628628 B. The executive director of the authority shall:
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657657 (1) hire professional, technical and clerical
658658 staff as necessary to enable the authority to function
659659 efficiently; and
660660 (2) direct the affairs and business of the
661661 authority, subject to the policies, control and direction of
662662 the authority.
663663 C. The authority may contract with any other
664664 competent private or public organization or individual to
665665 assist in the fulfillment of its duties."
666666 SECTION 6. Section 58-27-13 NMSA 1978 (being Laws 1991,
667667 Chapter 131, Section 13) is amended to read:
668668 "58-27-13. LOCATION OF AUTHORITY.--The authority shall be
669669 located in the [New Mexico-Chihuahua ] New Mexico-Mexico border
670670 area."
671671 SECTION 7. Section 58-27-21 NMSA 1978 (being Laws 1991,
672672 Chapter 131, Section 21) is amended to read:
673673 "58-27-21. [BORDER] AUTHORITY REVENUE BONDS--REFUNDING
674674 AUTHORIZATION.--
675675 A. The authority may issue refunding revenue bonds
676676 [for the purpose of refinancing, paying and discharging all or
677677 any] to refinance, pay or discharge all or part of the
678678 outstanding authority revenue bonds of [any ] one or more [or
679679 all] outstanding issues to :
680680 (1) [for the acceleration, deceleration or
681681 other modification of ] accelerate, decelerate or otherwise
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710710 modify the payment of such obligations, including [without
711711 limitation] any capitalization of [any ] interest [thereon] on
712712 those obligations in arrears or about to become due for [any
713713 period not exceeding] a period of one year from the date of the
714714 refunding bonds;
715715 (2) [for the purpose of reducing ] reduce
716716 interest costs or [effecting ] effect other economies; and
717717 (3) [for the purpose of modifying or
718718 eliminating] modify or eliminate restrictive contractual
719719 limitations pertaining to the issuance of additional bonds,
720720 otherwise concerning the outstanding bonds or to any facilities
721721 relating [thereto; or
722722 (4) for any combination of those purposes ] to
723723 those bonds.
724724 B. The authority may pledge irrevocably for the
725725 payment of interest and principal on refunding bonds the
726726 appropriate pledged revenues [which ] that may be pledged to an
727727 original issue of bonds.
728728 C. Bonds for refunding and bonds for any purpose
729729 permitted by the Border Development Act may be issued
730730 separately or issued in combination in one series or more."
731731 SECTION 8. Section 58-27-25 NMSA 1978 (being Laws 1991,
732732 Chapter 131, Section 25, as amended) is amended to read:
733733 "58-27-25. FUND CREATED.--
734734 A. The "border authority fund" is created in the
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763763 state treasury. Separate accounts within the fund may be
764764 created for [any project ] projects. Money in the fund is
765765 appropriated to the authority for the purposes of carrying out
766766 the provisions of the Border Development Act. Money in the
767767 fund shall not revert at the end of a fiscal year.
768768 B. Except as provided in Subsections E and F of
769769 this section, money received by the authority shall be
770770 deposited in the border authority fund, including [but not
771771 limited to] all:
772772 (1) [the] proceeds of bonds issued by the
773773 authority or from any loan to the authority made pursuant to
774774 the Border Development Act;
775775 (2) interest earned [upon ] on money in the
776776 fund;
777777 (3) [any] property or securities acquired
778778 through the use of money belonging to the fund and earnings
779779 from those assets;
780780 [(4) all earnings of such property or
781781 securities;
782782 (5)] (4) lease or rental payments received by
783783 the authority from [any ] a project and distributed to the fund
784784 pursuant to Subsection F of this section;
785785 [(6) all] (5) other money received by the
786786 authority from any public or private source except [that, if
787787 the public or private source expresses an intent that the money
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816816 be used] money designated by the source for projects pursuant
817817 to Section 58-27-25.1 NMSA 1978, [then the money ] which shall
818818 instead be deposited into the border project fund [and not the
819819 border authority fund ]; and
820820 [(7)] (6) tolls, fees, rents or other charges
821821 imposed and collected by the authority and distributed to the
822822 fund pursuant to Subsection F of this section.
823823 C. Disbursements from the border authority fund
824824 shall be made only upon warrant drawn by the secretary of
825825 finance and administration pursuant to vouchers signed by the
826826 executive director of the authority or the executive director's
827827 designee pursuant to the Border Development Act; provided that
828828 in the event the position of executive director is vacant,
829829 vouchers may be signed by the chair of the authority.
830830 D. Earnings on the balance in the border authority
831831 fund shall be credited to the fund. In addition, in the event
832832 that the proceeds from the issuance of bonds or from money
833833 borrowed by the authority are deposited in the state treasury,
834834 interest earned on that money during the period commencing with
835835 the deposit in the state treasury until the actual transfer of
836836 the money to the fund shall be credited to the fund.
837837 E. All proceeds from issuing revenue bonds shall be
838838 placed in trust with a chartered bank to be [dispersed ]
839839 disbursed by the trustee, pursuant to the terms [set forth ] in
840840 the bonding resolution adopted by the authority.
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869869 F. Ten percent of the tolls, fees, rents, lease
870870 payments and other charges that are imposed, collected and
871871 received by the authority shall be deposited [into ] in the
872872 border project fund and the remaining ninety percent shall be
873873 deposited into the border authority fund; provided that the
874874 money deposited [into ] in the border authority fund shall be
875875 expended only as appropriated and in accordance with a budget
876876 approved by the state budget division of the department of
877877 finance and administration."
878878 SECTION 9. Section 58-27-25.1 NMSA 1978 (being Laws
879879 2011, Chapter 59, Section 4) is amended to read:
880880 "58-27-25.1. BORDER PROJECT FUND--CREATED--PURPOSE--
881881 EXPENDITURES.--
882882 A. The "border project fund" is created in the
883883 state treasury.
884884 B. The border project fund shall consist of:
885885 (1) payments of principal and interest on
886886 loans for projects;
887887 (2) [the] that portion of the tolls, fees,
888888 rents, lease payments or other charges that are imposed,
889889 collected and received by the authority and distributed to the
890890 fund pursuant to Subsection F of Section 58-27-25 NMSA 1978;
891891 (3) money from public or private sources [and ]
892892 that is deposited into the fund pursuant to Paragraph [(6) ] (5)
893893 of Subsection B of Section 58-27-25 NMSA 1978;
894894 .230749.3
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922922 (4) money appropriated by the legislature or
923923 distributed or otherwise allocated to the fund;
924924 (5) the proceeds of severance tax bonds
925925 appropriated to the fund for projects; and
926926 (6) income from investment of the fund, which
927927 shall be credited to the border project fund.
928928 C. Except for severance tax bond proceeds required
929929 to revert to the severance tax bonding fund, balances in the
930930 border project fund at the end of a fiscal year shall not
931931 revert to any other fund.
932932 D. The [border project fund may consist of
933933 subaccounts as determined to be necessary by the ] authority may
934934 establish one or more subaccounts of the border project fund as
935935 it deems necessary.
936936 E. The border project fund is appropriated to the
937937 authority for the following purposes:
938938 (1) providing financial assistance in the form
939939 of grants or loans with terms and conditions approved by the
940940 authority to qualified entities for projects;
941941 (2) [costs incurred in the operation of a port
942942 of entry or related project pursuant to a joint powers
943943 agreement entered into with the federal government ] paying
944944 costs incurred pursuant to agreements with private persons
945945 concerning the advance of money by a private person for a
946946 public purpose; or
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975975 (3) paying costs incurred in the joint funding
976976 or operation of a project as part of a joint venture
977977 [partnership or other business relationship with a qualified
978978 entity or private person ].
979979 F. The authority may establish procedures and adopt
980980 rules as required to:
981981 (1) administer the border project fund;
982982 (2) originate financial assistance in the form
983983 of grants or loans with terms and conditions approved by the
984984 authority for projects selected by the authority; and
985985 (3) govern the process through which qualified
986986 entities may apply for financial assistance from the border
987987 project fund."
988988 SECTION 10. Section 58-27-26 NMSA 1978 (being Laws 1995,
989989 Chapter 192, Section 21) is amended to read:
990990 "58-27-26. NEW MEXICO FINANCE AUTHORITY OVERSIGHT
991991 COMMITTEE--REPORTS--OVERSIGHT POWERS AND DUTIES.--
992992 A. On or before November 30, 2026 and on or before
993993 November 30 of each subsequent year, the authority shall
994994 provide a report concerning the status of its projects to the
995995 legislative finance committee.
996996 B. The New Mexico finance authority oversight
997997 committee shall serve as the oversight committee to the border
998998 authority. The New Mexico finance authority oversight
999999 committee shall:
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10281028 [A.] (1) monitor and oversee the operation of
10291029 the border authority;
10301030 [B.] (2) meet on a regular basis to receive
10311031 and review reports from the border authority on implementation
10321032 of the provisions of the Border Development Act and to review
10331033 and approve regulations proposed for adoption pursuant to that
10341034 act;
10351035 [C.] (3) monitor and provide assistance and
10361036 advice on the project financing program of the border
10371037 authority;
10381038 [D.] (4) oversee and monitor state and local
10391039 government capital planning and financing and take testimony
10401040 from state and local officials on border and port of entry
10411041 capital needs;
10421042 [E.] (5) provide advice and assistance to the
10431043 border authority and cooperate with the executive branch of
10441044 state government and local governments on planning, setting
10451045 priorities for and financing of border and port of entry
10461046 capital projects;
10471047 [F.] (6) undertake an ongoing examination of
10481048 the statutes, constitutional provisions, regulations and court
10491049 decisions governing border and port of entry capital financing
10501050 in New Mexico; and
10511051 [G.] (7) report its findings and
10521052 recommendations, including recommended legislation or necessary
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10811081 changes, to the governor and to each session of the
10821082 legislature. The report and proposed legislation shall be made
10831083 available on or before December 15 each year."
10841084 SECTION 11. TEMPORARY PROVISION--RESTRUCTURING OF BORDER
10851085 AUTHORITY.--On July 1, 2026 the terms of the voting members of
10861086 the border authority as of June 30, 2026 shall end, and voting
10871087 members appointed pursuant to Section 2 of this act shall be
10881088 installed as voting members of the authority.
10891089 SECTION 12. REPEAL.--Section 58-27-7 NMSA 1978 (being
10901090 Laws 1991, Chapter 131, Section 7) is repealed.
10911091 SECTION 13. EFFECTIVE DATE.--The effective date of the
10921092 provisions of this act is July 1, 2025.
10931093 - 21 -
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