30 | | - | DISTRICT ACT; CREATING THE STATE FAIRGROUNDS DISTRICT OVER |
---|
31 | | - | THE LAND CURRENTLY OWNED BY THE STATE, COMMONLY REFERRED TO |
---|
32 | | - | AS THE "STATE FAIRGROUNDS", AND CONTIGUOUS LAND THAT MAY BE |
---|
33 | | - | SUBSEQUENTLY ACQUIRED; PROVIDING POWERS; PROVIDING THAT THE |
---|
34 | | - | DISTRICT MAY ACQUIRE LAND AND ALTER THE BOUNDARIES OF THE |
---|
35 | | - | DISTRICT; PROVIDING THAT THE DISTRICT MAY SELL OR OTHERWISE |
---|
36 | | - | DISPOSE OF DISTRICT PROPERTY IN ACCORDANCE WITH THE LAW; |
---|
37 | | - | AUTHORIZING A PROPERTY TAX LEVY; AUTHORIZING THE ISSUANCE OF |
---|
38 | | - | UP TO FIVE HUNDRED MILLION DOLLARS ($500,000,000) OF BONDS |
---|
39 | | - | AND REFUNDING BONDS BY THE STATE FAIRGROUNDS DISTRICT; |
---|
40 | | - | PROVIDING A TAX EXEMPTION FROM BONDS AND INCOME FROM BONDS |
---|
41 | | - | ISSUED PURSUANT TO THE STATE FAIRGROUNDS DISTRICT ACT; |
---|
42 | | - | MAKING DISTRIBUTIONS TO A SPECIAL FUND OF THE DISTRICT OF |
---|
43 | | - | SEVENTY-FIVE PERCENT OF THE NET RECEIPTS ATTRIBUTABLE TO |
---|
44 | | - | THE STATE PORTION OF GROSS RECEIPTS TAX AND GAMING TAX FROM |
---|
45 | | - | LOCATIONS ON THE STATE FAIRGROUNDS DISTRICT; EXEMPTING |
---|
46 | | - | THE DISTRICT FROM THE PROVISIONS OF THE COMMUNITY SERVICE |
---|
47 | | - | DISTRICT ACT AND THE SPECIAL DISTRICT PROCEDURES ACT; MAKING |
---|
48 | | - | AN APPROPRIATION. |
---|
| 50 | + | DISTRICT ACT; CREATING THE STATE FAIRGROUNDS DISTRICT OVER THE |
---|
| 51 | + | LAND OWNED BY THE STATE, COMMONLY REFERRED TO AS THE "STATE |
---|
| 52 | + | FAIRGROUNDS", AND CONTIGUOUS LAND THAT MAY BE SUBSEQUENTLY |
---|
| 53 | + | ACQUIRED; PROVIDING POWERS; CREATING THE STATE FAIRGROUNDS |
---|
| 54 | + | DISTRICT BOARD; AUTHORIZING THE ISSUANCE OF BONDS AND REFUNDING |
---|
| 55 | + | BONDS BY THE STATE FAIRGROUNDS DISTRICT; CREATING THE STATE |
---|
| 56 | + | FAIRGROUNDS DISTRICT FUND; PROVIDING A TAX EXEMPTION FROM BONDS |
---|
| 57 | + | AND INCOME FROM BONDS ISSUED PURSUANT TO THE STATE FAIRGROUNDS |
---|
| 58 | + | DISTRICT ACT; MAKING DISTRIBUTIONS OF THE NET RECEIPTS |
---|
| 59 | + | ATTRIBUTABLE TO THE GROSS RECEIPTS TAX AND GAMING TAX FROM |
---|
| 60 | + | BUSINESS LOCATIONS ON THE STATE FAIRGROUNDS; MAKING AN |
---|
| 61 | + | APPROPRIATION. |
---|
86 | | - | B. "community benefit" includes affordable |
---|
87 | | - | housing, job creation, open space and health services; |
---|
88 | | - | C. "district" means the state fairgrounds |
---|
89 | | - | district; |
---|
90 | | - | D. "person" means an association, corporation, |
---|
91 | | - | individual, limited liability company, partnership, other |
---|
92 | | - | legal entity or public entity; |
---|
93 | | - | E. "project" means acquiring or improving land or |
---|
94 | | - | acquiring, developing, constructing, demolishing, removing, |
---|
95 | | - | operating, maintaining, repairing, reconstructing, enlarging, |
---|
96 | | - | improving, installing, rehabilitating, remodeling or |
---|
97 | | - | renovating infrastructure, buildings, roads, utilities, |
---|
98 | | - | public improvements or equipment in the district and public |
---|
99 | | - | schools in the close vicinity of the district and includes |
---|
100 | | - | associated planning, design work and professional services; |
---|
101 | | - | F. "public entity" means an agency, department, |
---|
102 | | - | institution, county, municipality or political subdivision STBTC/SB 481 |
---|
103 | | - | Page 3 |
---|
| 100 | + | B. "bond" means an obligation of the district |
---|
| 101 | + | issued pursuant to the State Fairgrounds District Act, whether |
---|
| 102 | + | designated as a bond, note, loan, warrant, debenture, lease- |
---|
| 103 | + | purchase agreement or other instrument evidencing an obligation |
---|
| 104 | + | of the district to make payments; |
---|
| 105 | + | C. "district" means the state fairgrounds district |
---|
| 106 | + | that consists of all land owned by the state, commonly known as |
---|
| 107 | + | the "state fairgrounds", and lying within the exterior |
---|
| 108 | + | boundaries of the city of Albuquerque; |
---|
| 109 | + | D. "project" means planning and design work for and |
---|
| 110 | + | development, construction, reconstruction, enlargement, |
---|
| 111 | + | improvement, installation, rehabilitation, remodeling and |
---|
| 112 | + | renovation of the state fairgrounds in the district, of a new |
---|
| 113 | + | site and facilities to host the state fair and of public |
---|
| 114 | + | schools in the close vicinity of the district; and |
---|
| 115 | + | .230724.2 |
---|
| 116 | + | - 2 - underscored material = new |
---|
| 117 | + | [bracketed material] = delete |
---|
129 | | - | of the state; and |
---|
130 | | - | G. "public improvements" means on-site |
---|
131 | | - | improvements and off-site improvements that directly or |
---|
132 | | - | indirectly benefit the district or facilitate development |
---|
133 | | - | within the district and that are dedicated to a public |
---|
134 | | - | entity, and include: |
---|
135 | | - | (1) sanitary sewage systems, including |
---|
136 | | - | collection, transport, treatment, dispersal, effluent use |
---|
137 | | - | and discharge; |
---|
138 | | - | (2) drainage and flood control systems, |
---|
139 | | - | including collection, transport, storage, treatment, |
---|
140 | | - | dispersal, effluent use and discharge; |
---|
141 | | - | (3) water systems for domestic, commercial, |
---|
142 | | - | office, hotel or motel, industrial, irrigation, municipal or |
---|
143 | | - | fire protection purposes, including production, collection, |
---|
144 | | - | storage, treatment, transport, delivery, connection and |
---|
145 | | - | dispersal; |
---|
146 | | - | (4) highways, streets, roadways, bridges, |
---|
147 | | - | crossing structures and parking facilities, including all |
---|
148 | | - | areas for vehicular use for travel, ingress, egress and |
---|
149 | | - | parking; |
---|
150 | | - | (5) trails and areas for pedestrian, |
---|
151 | | - | equestrian, bicycle or other non-motor vehicle use for |
---|
152 | | - | travel, ingress, egress and parking; |
---|
153 | | - | (6) pedestrian and transit facilities, STBTC/SB 481 |
---|
154 | | - | Page 4 |
---|
| 143 | + | E. "property owner" means a person owning real |
---|
| 144 | + | property within the boundaries of the district." |
---|
| 145 | + | SECTION 3. A new section of Chapter 6 NMSA 1978 is |
---|
| 146 | + | enacted to read: |
---|
| 147 | + | "[NEW MATERIAL] STATE FAIRGROUNDS DISTRICT--CREATED-- |
---|
| 148 | + | POWERS.-- |
---|
| 149 | + | A. The "state fairgrounds district" is created as a |
---|
| 150 | + | political subdivision of the state, separate and apart from a |
---|
| 151 | + | municipality or county. The district consists of all land |
---|
| 152 | + | owned by the state, commonly known as the "state fairgrounds", |
---|
| 153 | + | lying within the exterior boundaries of the city of |
---|
| 154 | + | Albuquerque, and land contiguous to the state fairgrounds that |
---|
| 155 | + | may be subsequently acquired and included in the boundaries of |
---|
| 156 | + | the district. |
---|
| 157 | + | B. The district may: |
---|
| 158 | + | (1) enter into contracts or expend money for |
---|
| 159 | + | any public purpose with respect to projects of the district; |
---|
| 160 | + | (2) enter into agreements with a municipality, |
---|
| 161 | + | county or other local government entity in connection with real |
---|
| 162 | + | property located within the district; |
---|
| 163 | + | (3) enter into an intergovernmental agreement |
---|
| 164 | + | in accordance with the Joint Powers Agreements Act for the |
---|
| 165 | + | planning, design, inspection, ownership, control, maintenance, |
---|
| 166 | + | operation or repair of public infrastructure or the provision |
---|
| 167 | + | of enhanced services by the municipality or county in which the |
---|
| 168 | + | .230724.2 |
---|
| 169 | + | - 3 - underscored material = new |
---|
| 170 | + | [bracketed material] = delete |
---|
180 | | - | parks, recreational facilities and open space areas for the |
---|
181 | | - | use of members of the public for entertainment, assembly and |
---|
182 | | - | recreation; |
---|
183 | | - | (7) landscaping, including earthworks, |
---|
184 | | - | structures, plants, trees and related water delivery systems; |
---|
185 | | - | (8) public buildings, public safety |
---|
186 | | - | facilities and fire protection and police facilities; |
---|
187 | | - | (9) electrical generation, transmission and |
---|
188 | | - | distribution facilities and natural gas distribution |
---|
189 | | - | facilities; |
---|
190 | | - | (10) cable or other telecommunications lines |
---|
191 | | - | and related equipment; |
---|
192 | | - | (11) lighting systems and traffic control |
---|
193 | | - | systems and devices, including signals, controls, markings |
---|
194 | | - | and signage; |
---|
195 | | - | (12) school sites and facilities with the |
---|
196 | | - | consent of the governing board of the public school district |
---|
197 | | - | for which the facility is to be acquired, constructed or |
---|
198 | | - | renovated; |
---|
199 | | - | (13) library and other public educational |
---|
200 | | - | or cultural facilities; |
---|
201 | | - | (14) equipment, vehicles, furnishings and |
---|
202 | | - | other personal property related to the items listed in this |
---|
203 | | - | subsection; and |
---|
204 | | - | (15) workforce and affordable housing." STBTC/SB 481 |
---|
205 | | - | Page 5 |
---|
| 196 | + | district lies or for any other purpose authorized the State |
---|
| 197 | + | Fairgrounds District Act; |
---|
| 198 | + | (4) sell, lease or otherwise dispose of |
---|
| 199 | + | district property if the sale, lease or conveyance is not a |
---|
| 200 | + | violation of the terms of any contract or bond covenant of the |
---|
| 201 | + | district; |
---|
| 202 | + | (5) reimburse a municipality or county in |
---|
| 203 | + | which the district is located for providing services within the |
---|
| 204 | + | area of the district; |
---|
| 205 | + | (6) operate, maintain and repair public |
---|
| 206 | + | infrastructure until dedicated to the governing body; |
---|
| 207 | + | (7) employ staff, counsel, advisors and |
---|
| 208 | + | consultants; |
---|
| 209 | + | (8) reimburse a municipality or county in |
---|
| 210 | + | which the district is located for staff and consultant services |
---|
| 211 | + | and support facilities supplied by the municipality; |
---|
| 212 | + | (9) accept gifts or grants and incur and repay |
---|
| 213 | + | loans for a public purpose; |
---|
| 214 | + | (10) enter into an agreement with a property |
---|
| 215 | + | owner concerning the advance of money by the owner for a public |
---|
| 216 | + | purpose or the granting of real property by the owner for a |
---|
| 217 | + | public purpose with respect to a project; |
---|
| 218 | + | (11) pay the financial, legal and |
---|
| 219 | + | administrative costs of the district; |
---|
| 220 | + | (12) enter into contracts, agreements and |
---|
| 221 | + | .230724.2 |
---|
| 222 | + | - 4 - underscored material = new |
---|
| 223 | + | [bracketed material] = delete |
---|
233 | | - | "STATE FAIRGROUNDS DISTRICT--CREATED--POWERS.-- |
---|
234 | | - | A. The "state fairgrounds district" is created |
---|
235 | | - | as a political subdivision of the state, separate and apart |
---|
236 | | - | from a municipality. The district consists of land owned by |
---|
237 | | - | the state, commonly known as the "state fairgrounds", lying |
---|
238 | | - | within the exterior boundaries of the city of Albuquerque as |
---|
239 | | - | of July 1, 2025, and land contiguous to the state fairgrounds |
---|
240 | | - | that may be subsequently acquired by the district or another |
---|
241 | | - | public entity and included in the boundaries of the district |
---|
242 | | - | by the board. |
---|
243 | | - | B. The district may: |
---|
244 | | - | (1) enter into contracts or expend money |
---|
245 | | - | for any public purpose or community benefit with respect to |
---|
246 | | - | projects of the district; |
---|
247 | | - | (2) enter into agreements with a public |
---|
248 | | - | entity in connection with real property located within the |
---|
249 | | - | district; |
---|
250 | | - | (3) enter into an intergovernmental |
---|
251 | | - | agreement in accordance with the Joint Powers Agreements Act |
---|
252 | | - | for the planning, design, inspection, ownership, control, |
---|
253 | | - | maintenance, operation or repair of public infrastructure |
---|
254 | | - | or the provision of services by a public entity or for any |
---|
255 | | - | other purpose authorized the State Fairgrounds District Act; STBTC/SB 481 |
---|
256 | | - | Page 6 |
---|
| 271 | + | "[NEW MATERIAL] STATE FAIRGROUNDS DISTRICT BOARD.--The |
---|
| 272 | + | district shall be governed by a five-member board composed of |
---|
| 273 | + | the governor, the lieutenant governor, a member appointed by |
---|
| 274 | + | .230724.2 |
---|
| 275 | + | - 5 - underscored material = new |
---|
| 276 | + | [bracketed material] = delete |
---|
282 | | - | (4) sell, lease or otherwise dispose of |
---|
283 | | - | property of the district if the sale, lease or disposal |
---|
284 | | - | complies with the law and is not a violation of the terms |
---|
285 | | - | of any contract or bond covenant of the district; |
---|
286 | | - | (5) grant, donate or otherwise dispose |
---|
287 | | - | of property of the district in accordance with the Local |
---|
288 | | - | Economic Development Act, the Affordable Housing Act or |
---|
289 | | - | the provisions of Article 9, Section 14 of the constitution |
---|
290 | | - | of New Mexico; |
---|
291 | | - | (6) acquire land or undertake projects; |
---|
292 | | - | (7) employ or contract with staff, counsel, |
---|
293 | | - | advisors and consultants; |
---|
294 | | - | (8) pay a person for providing the district |
---|
295 | | - | with services or facilities; |
---|
296 | | - | (9) accept gifts or grants and incur and |
---|
297 | | - | repay loans for a public purpose or community benefit; |
---|
298 | | - | (10) levy property taxes in accordance with |
---|
299 | | - | election requirements of the State Fairgrounds District Act; |
---|
300 | | - | (11) pay the financial, legal and |
---|
301 | | - | administrative costs of the district; |
---|
302 | | - | (12) enter into contracts, agreements and |
---|
303 | | - | trust indentures to obtain credit enhancement or liquidity |
---|
304 | | - | support for the district's bonds and process the issuance, |
---|
305 | | - | registration, transfer and payment of the district's bonds |
---|
306 | | - | and the disbursement and investment of proceeds of the bonds; STBTC/SB 481 |
---|
307 | | - | Page 7 |
---|
| 302 | + | the state senator representing the senate district inclusive of |
---|
| 303 | + | the district, the Bernalillo county commissioner representing |
---|
| 304 | + | the commission district inclusive of the district and the mayor |
---|
| 305 | + | of the city of Albuquerque for the term of the district. The |
---|
| 306 | + | board shall separately account for all revenues and |
---|
| 307 | + | indebtedness based on gross receipts tax and gaming tax |
---|
| 308 | + | distributed to the state fairgrounds district fund. The board |
---|
| 309 | + | shall individually account for all gross receipts tax and |
---|
| 310 | + | gaming tax distributed to the state fairgrounds district fund. |
---|
| 311 | + | The secretary of finance and administration or the secretary's |
---|
| 312 | + | designee shall serve as clerk and treasurer of the district." |
---|
| 313 | + | SECTION 5. A new section of Chapter 6 NMSA 1978 is |
---|
| 314 | + | enacted to read: |
---|
| 315 | + | "[NEW MATERIAL] AUTHORIZATION OF ISSUANCE OF BONDS.-- |
---|
| 316 | + | A. The district may issue revenue bonds not to |
---|
| 317 | + | exceed one billion dollars ($1,000,000,000) in net proceeds for |
---|
| 318 | + | projects. The district shall pledge irrevocably all of the |
---|
| 319 | + | revenue received by the district from the gross receipts tax |
---|
| 320 | + | distribution and the gaming tax distribution pursuant to |
---|
| 321 | + | Sections 11 and 12 of this 2025 act to the payment of the |
---|
| 322 | + | principal and interest of the bonds. |
---|
| 323 | + | B. Revenue bonds or refunding bonds or loans may be |
---|
| 324 | + | authorized only by resolution of the board, which shall be |
---|
| 325 | + | approved by a majority of the members of the board. Prior to |
---|
| 326 | + | the board issuing bonds, the New Mexico finance authority, |
---|
| 327 | + | .230724.2 |
---|
| 328 | + | - 6 - underscored material = new |
---|
| 329 | + | [bracketed material] = delete |
---|
333 | | - | (13) borrow money and issue bonds for the |
---|
334 | | - | purposes of the State Fairgrounds District Act; |
---|
335 | | - | (14) use public easements and rights of way |
---|
336 | | - | in or across public property, roadways, highways, streets or |
---|
337 | | - | other thoroughfares and other public easements and rights of |
---|
338 | | - | way of the district or a public entity; |
---|
339 | | - | (15) alter the boundaries of the district |
---|
340 | | - | to add land contiguous to the state fairgrounds that may be |
---|
341 | | - | subsequently acquired by the district or another public body; |
---|
342 | | - | and |
---|
343 | | - | (16) exercise the rights and powers |
---|
344 | | - | necessary or incidental to or implied by the specific powers |
---|
345 | | - | granted by this section." |
---|
346 | | - | SECTION 4. A new section of Chapter 6 NMSA 1978 is |
---|
347 | | - | enacted to read: |
---|
348 | | - | "STATE FAIRGROUNDS DISTRICT BOARD.-- |
---|
349 | | - | A. The district shall for six years be initially |
---|
350 | | - | governed by a seven-member board composed of: |
---|
351 | | - | (1) the governor or the governor's designee; |
---|
352 | | - | (2) the state senator representing the |
---|
353 | | - | senate district inclusive of the district or the senator's |
---|
354 | | - | designee; |
---|
355 | | - | (3) the member of the house of |
---|
356 | | - | representatives representing the house district inclusive |
---|
357 | | - | of the district or the member's designee; STBTC/SB 481 |
---|
358 | | - | Page 8 |
---|
| 355 | + | state board of finance and state bond counsel shall approve the |
---|
| 356 | + | proposed issuance of the bonds and determine that the proceeds |
---|
| 357 | + | of the bonds will be used for a project, in accordance with the |
---|
| 358 | + | State Fairgrounds District Act. |
---|
| 359 | + | C. Revenue bonds or refunding bonds issued pursuant |
---|
| 360 | + | to the State Fairgrounds District Act and other loans to the |
---|
| 361 | + | district are: |
---|
| 362 | + | (1) not general obligations of the state or |
---|
| 363 | + | any other agency of the state; and |
---|
| 364 | + | (2) payable only from properly pledged |
---|
| 365 | + | revenues and each bond or loan shall state that it is payable |
---|
| 366 | + | solely from the properly pledged revenues and that the |
---|
| 367 | + | bondholders or lenders may not look to any other fund for the |
---|
| 368 | + | payment of the principal and interest of the bond or the loan. |
---|
| 369 | + | D. Bonds issued pursuant to the State Fairgrounds |
---|
| 370 | + | District Act: |
---|
| 371 | + | (1) may have principal value, interest or any |
---|
| 372 | + | part thereof payable at intervals or at maturity as may be |
---|
| 373 | + | determined by the board; |
---|
| 374 | + | (2) may be subject to a prior redemption at |
---|
| 375 | + | the district's option at a time and upon terms and conditions, |
---|
| 376 | + | with or without the payment of a premium, as determined by the |
---|
| 377 | + | board; |
---|
| 378 | + | (3) may mature at any time not exceeding |
---|
| 379 | + | twenty-five years after the date of issuance; |
---|
| 380 | + | .230724.2 |
---|
| 381 | + | - 7 - underscored material = new |
---|
| 382 | + | [bracketed material] = delete |
---|
384 | | - | (4) the commissioner representing the |
---|
385 | | - | commission district of the Bernalillo county board of county |
---|
386 | | - | commissioners inclusive of the district; |
---|
387 | | - | (5) the city councilor representing the |
---|
388 | | - | council district inclusive of the district; |
---|
389 | | - | (6) the mayor of the city of Albuquerque; |
---|
390 | | - | and |
---|
391 | | - | (7) a designee of the governor, who shall |
---|
392 | | - | be a community member. |
---|
393 | | - | B. The director of the local government division |
---|
394 | | - | of the department of finance and administration or the |
---|
395 | | - | director's designee shall serve as clerk and treasurer of the |
---|
396 | | - | district. All meetings of the board shall be open meetings |
---|
397 | | - | held in accordance with the Open Meetings Act, and the board |
---|
398 | | - | shall keep the following records, which shall be open to the |
---|
399 | | - | public: |
---|
400 | | - | (1) minutes of all meetings of the board; |
---|
401 | | - | (2) all resolutions; |
---|
402 | | - | (3) accounts showing all money received and |
---|
403 | | - | disbursed; |
---|
404 | | - | (4) the annual budget; and |
---|
405 | | - | (5) all other records required to be |
---|
406 | | - | maintained by law. |
---|
407 | | - | C. At the end of the initial and each subsequent |
---|
408 | | - | six-year term, the board may hold an election of new STBTC/SB 481 |
---|
409 | | - | Page 9 |
---|
| 408 | + | (4) may be serial in form and maturity, may |
---|
| 409 | + | consist of one bond payable at one time or in installments or |
---|
| 410 | + | may be in another form determined by the board; |
---|
| 411 | + | (5) shall be sold for cash at, above or below |
---|
| 412 | + | par and at a price that results in a net effective interest |
---|
| 413 | + | rate that does not exceed the maximum permitted by the Public |
---|
| 414 | + | Securities Act and the Public Securities Short-Term Interest |
---|
| 415 | + | Rate Act; and |
---|
| 416 | + | (6) may be sold at public or negotiated sale." |
---|
| 417 | + | SECTION 6. A new section of Chapter 6 NMSA 1978 is |
---|
| 418 | + | enacted to read: |
---|
| 419 | + | "[NEW MATERIAL] REFUNDING BONDS.-- |
---|
| 420 | + | A. After issuing bonds in accordance with the State |
---|
| 421 | + | Fairgrounds District Act, the board may issue refunding bonds |
---|
| 422 | + | for the purpose of refinancing, paying and discharging all or |
---|
| 423 | + | any part of outstanding bonds for the: |
---|
| 424 | + | (1) acceleration, deceleration or other |
---|
| 425 | + | modification of the payment of the outstanding bonds, |
---|
| 426 | + | including, without limitation, any capitalization of any |
---|
| 427 | + | interest on the outstanding bonds in arrears or about to become |
---|
| 428 | + | due for any period not exceeding two years from the date of the |
---|
| 429 | + | refunding bonds; |
---|
| 430 | + | (2) purpose of reducing interest costs or |
---|
| 431 | + | effecting other economies; or |
---|
| 432 | + | (3) purpose of modifying or eliminating |
---|
| 433 | + | .230724.2 |
---|
| 434 | + | - 8 - underscored material = new |
---|
| 435 | + | [bracketed material] = delete |
---|
435 | | - | directors by majority vote of qualified electors in |
---|
436 | | - | accordance with the Local Election Act. In the absence of |
---|
437 | | - | an election, the initial seven members shall each serve an |
---|
438 | | - | additional six-year term, except for a designee who is not |
---|
439 | | - | an elected official and who shall be replaced by a designee |
---|
440 | | - | who is an elected official. |
---|
441 | | - | D. The board shall separately account for all |
---|
442 | | - | revenues and indebtedness based on property tax, gross |
---|
443 | | - | receipts tax and gaming tax distributed to the special fund |
---|
444 | | - | of the state fairgrounds district. The board shall |
---|
445 | | - | individually account for all property tax, gross receipts |
---|
446 | | - | tax and gaming tax distributed to the special fund of the |
---|
447 | | - | state fairgrounds district." |
---|
448 | | - | SECTION 5. A new section of Chapter 6 NMSA 1978 is |
---|
449 | | - | enacted to read: |
---|
450 | | - | "AUTHORITY TO IMPOSE PROPERTY TAX LEVY.--The district |
---|
451 | | - | may establish a property tax levy upon real property located |
---|
452 | | - | within the boundaries of the district, with the following |
---|
453 | | - | limitations: |
---|
454 | | - | A. the maximum property tax levy the district may |
---|
455 | | - | impose is five dollars ($5.00) on each one thousand dollars |
---|
456 | | - | ($1,000) of net taxable value, as that term is defined |
---|
457 | | - | in the Property Tax Code, which may be used for operation, |
---|
458 | | - | maintenance and capital improvements, in furtherance of the |
---|
459 | | - | purposes of the State Fairgrounds District Act; STBTC/SB 481 |
---|
460 | | - | Page 10 |
---|
| 461 | + | restrictive contractual limitations: |
---|
| 462 | + | (a) pertaining to the issuance of |
---|
| 463 | + | additional bonds; or |
---|
| 464 | + | (b) concerning the outstanding bonds or |
---|
| 465 | + | facilities relating to the outstanding bonds. |
---|
| 466 | + | B. The board shall pledge irrevocably for the |
---|
| 467 | + | payment of principal, interest and premium, if any, on |
---|
| 468 | + | refunding bonds the revenues received from distributions of the |
---|
| 469 | + | gross receipts tax and gaming tax pursuant to Sections 11 and |
---|
| 470 | + | 12 of this 2025 act, which may be pledged to an original issue |
---|
| 471 | + | of bonds, and the terms of refunding bonds shall expire not |
---|
| 472 | + | more than twenty-five years after the date of the original |
---|
| 473 | + | issue of bonds. |
---|
| 474 | + | C. Refunding bonds may be issued separately or in |
---|
| 475 | + | combination in one series or more. |
---|
| 476 | + | D. Refunding bonds may be authorized only by |
---|
| 477 | + | resolution of the board. Bonds that are refunded shall be paid |
---|
| 478 | + | at maturity or on any permitted prior redemption date in the |
---|
| 479 | + | amounts, at the time and places and, if called prior to |
---|
| 480 | + | maturity, in accordance with any applicable notice provisions, |
---|
| 481 | + | all as provided in the proceedings authorizing the issuance of |
---|
| 482 | + | the refunded bonds or otherwise appertaining to them, except |
---|
| 483 | + | for any such bond that is voluntarily surrendered for exchange |
---|
| 484 | + | or payment by the holder or owner. |
---|
| 485 | + | E. The principal amount of the refunding bonds may |
---|
| 486 | + | .230724.2 |
---|
| 487 | + | - 9 - underscored material = new |
---|
| 488 | + | [bracketed material] = delete |
---|
486 | | - | B. the district may impose a property tax levy |
---|
487 | | - | only after authorization by a majority of votes cast by the |
---|
488 | | - | qualified electors of the district in an election held in |
---|
489 | | - | accordance with the Local Election Act; and |
---|
490 | | - | C. a property tax levy imposed by the district |
---|
491 | | - | shall not be effective for more than four years." |
---|
492 | | - | SECTION 6. A new section of Chapter 6 NMSA 1978 is |
---|
493 | | - | enacted to read: |
---|
494 | | - | "PROPERTY TAX LEVY RESCISSION ELECTION.-- |
---|
495 | | - | A. A property tax levy imposed by the district |
---|
496 | | - | may be rescinded within the four-year period during which a |
---|
497 | | - | property tax levy imposed by the district is effective if: |
---|
498 | | - | (1) thirty-three and one-third percent of |
---|
499 | | - | the number of persons who voted in the election for the |
---|
500 | | - | imposition of that property tax levy sign a petition to |
---|
501 | | - | rescind the property tax levy; and |
---|
502 | | - | (2) each person who signs the petition is a |
---|
503 | | - | qualified elector of the district. |
---|
504 | | - | B. The petition shall be filed with the board for |
---|
505 | | - | verification of the signatures, as to both number and |
---|
506 | | - | qualifications of the persons signing. If the board verifies |
---|
507 | | - | that the petition contains the requisite number of signatures |
---|
508 | | - | by persons qualified to sign the petition pursuant to |
---|
509 | | - | Subsection A of this section, the question of rescission of |
---|
510 | | - | the property tax levy imposed by the district shall be placed STBTC/SB 481 |
---|
511 | | - | Page 11 |
---|
| 514 | + | exceed the principal amount of the refunded bonds and may also |
---|
| 515 | + | be less than or the same as the principal amount of the bonds |
---|
| 516 | + | being refunded if provision is duly and sufficiently made for |
---|
| 517 | + | the payment of the refunded bonds. |
---|
| 518 | + | F. The proceeds of refunding bonds, including |
---|
| 519 | + | accrued interest and premiums appertaining to the sale of |
---|
| 520 | + | refunding bonds, shall be immediately applied to the retirement |
---|
| 521 | + | of the bonds being refunded or placed in escrow in a commercial |
---|
| 522 | + | bank or trust company that possesses and exercises trust powers |
---|
| 523 | + | and that is a member of the federal deposit insurance |
---|
| 524 | + | corporation. The proceeds shall be applied to the principal |
---|
| 525 | + | of, interest on and any prior redemption premium due in |
---|
| 526 | + | connection with the bonds being refunded; provided that the |
---|
| 527 | + | refunding bond proceeds, including premiums and accrued |
---|
| 528 | + | interest appertaining to a sale of refunding bonds, may be |
---|
| 529 | + | applied to the establishment and maintenance of a reserve fund |
---|
| 530 | + | and to the payment of expenses incidental to the refunding and |
---|
| 531 | + | the issuance of the refunding bonds, the principal of those |
---|
| 532 | + | bonds and the interest of those bonds or both principal and |
---|
| 533 | + | interest as the board determines. This section does not |
---|
| 534 | + | require the establishment of an escrow if the refunded bonds |
---|
| 535 | + | and the amounts necessary to retire the refunded bonds within |
---|
| 536 | + | that time are deposited with the paying agent for the refunded |
---|
| 537 | + | bonds. Any such escrow shall not necessarily be limited to |
---|
| 538 | + | proceeds of refunding bonds but may include other money |
---|
| 539 | + | .230724.2 |
---|
| 540 | + | - 10 - underscored material = new |
---|
| 541 | + | [bracketed material] = delete |
---|
537 | | - | on the ballot for: |
---|
538 | | - | (1) a special election held in accordance |
---|
539 | | - | with the special election procedures of the Election Code |
---|
540 | | - | that is called and held within ninety days; provided that the |
---|
541 | | - | date does not conflict with the provisions of Section 1-24-1 |
---|
542 | | - | NMSA 1978; or |
---|
543 | | - | (2) the next occurring regular local |
---|
544 | | - | election or general election if that election is to be held |
---|
545 | | - | within less than one hundred twenty days. |
---|
546 | | - | C. A petition for rescission of a property tax |
---|
547 | | - | levy imposed by the district may be submitted only once each |
---|
548 | | - | year during the four-year period during which a property tax |
---|
549 | | - | levy by the district is effective." |
---|
550 | | - | SECTION 7. A new section of Chapter 6 NMSA 1978 is |
---|
551 | | - | enacted to read: |
---|
552 | | - | "AUTHORIZATION OF ISSUANCE OF BONDS.-- |
---|
553 | | - | A. Subject to the provisions of Section 9 of |
---|
554 | | - | the State Fairgrounds District Act, the district may issue |
---|
555 | | - | revenue bonds not to exceed five hundred million dollars |
---|
556 | | - | ($500,000,000) in net proceeds for the purposes of the |
---|
557 | | - | State Fairgrounds District Act. The district may pledge |
---|
558 | | - | irrevocably the revenue received by the district from the |
---|
559 | | - | gross receipts tax distribution and the gaming tax |
---|
560 | | - | distribution pursuant to Section 13 of this 2025 act to |
---|
561 | | - | the payment of the principal and interest of the bonds. STBTC/SB 481 |
---|
562 | | - | Page 12 |
---|
| 567 | + | available for its purpose. Proceeds in escrow pending such use |
---|
| 568 | + | may be invested or reinvested in bills, certificates of |
---|
| 569 | + | indebtedness, notes or bonds that are direct obligations of, or |
---|
| 570 | + | the principal and interest of which obligations are |
---|
| 571 | + | unconditionally guaranteed by, the United States or in |
---|
| 572 | + | certificates of deposit of banks that are members of the |
---|
| 573 | + | federal deposit insurance corporation; provided that the par |
---|
| 574 | + | value of the certificates of deposit is collateralized by a |
---|
| 575 | + | pledge of obligations or by a pledge of payment that is |
---|
| 576 | + | unconditionally guaranteed by the United States; and further |
---|
| 577 | + | provided that the par value of those obligations is at least |
---|
| 578 | + | seventy-five percent of the par value of the certificates of |
---|
| 579 | + | deposit. Such proceeds and investments in escrow, together |
---|
| 580 | + | with any interest or other income to be derived from any such |
---|
| 581 | + | investment, shall be in an amount at all times sufficient as to |
---|
| 582 | + | principal, interest, any prior redemption premium due and any |
---|
| 583 | + | charges of the escrow agent payable from the escrow to pay the |
---|
| 584 | + | bonds being refunded as they become due at their respective |
---|
| 585 | + | maturities or at any designated prior redemption date or dates |
---|
| 586 | + | in connection with which the prior redemption option shall be |
---|
| 587 | + | exercised. A purchaser of a refunding bond issued is not |
---|
| 588 | + | responsible for the application of the proceeds by the district |
---|
| 589 | + | or any of its officers, agents or employees. |
---|
| 590 | + | G. Refunding bonds may bear additional terms and |
---|
| 591 | + | provisions as determined by the board subject to the |
---|
| 592 | + | .230724.2 |
---|
| 593 | + | - 11 - underscored material = new |
---|
| 594 | + | [bracketed material] = delete |
---|
588 | | - | B. Revenue bonds or refunding bonds or loans may |
---|
589 | | - | be authorized only by resolution of the board, which shall |
---|
590 | | - | be approved by a majority of the members of the board. |
---|
591 | | - | C. The district shall issue bonds only after: |
---|
592 | | - | (1) the state board of finance approves |
---|
593 | | - | of the proposed issuance of bonds and the district |
---|
594 | | - | development plan prepared in accordance with Section 10 |
---|
595 | | - | of the State Fairgrounds District Act; |
---|
596 | | - | (2) the state board of finance makes a |
---|
597 | | - | determination that the proceeds of the bonds will be used |
---|
598 | | - | for projects in furtherance of the district development plan |
---|
599 | | - | and in accordance with the State Fairgrounds District Act; |
---|
600 | | - | (3) the state board of finance makes a |
---|
601 | | - | determination that the projects will generate sufficient |
---|
602 | | - | revenue to repay the bonds; |
---|
603 | | - | (4) the New Mexico finance authority |
---|
604 | | - | approves of the master indenture and any amendments to the |
---|
605 | | - | master indenture; and |
---|
606 | | - | (5) legislative approval of the proposed |
---|
607 | | - | issuance of the bonds. |
---|
608 | | - | D. Revenue bonds or refunding bonds issued |
---|
609 | | - | pursuant to the State Fairgrounds District Act and other |
---|
610 | | - | loans to the district are: |
---|
611 | | - | (1) not general obligations of the state or |
---|
612 | | - | any other public entity; and STBTC/SB 481 |
---|
613 | | - | Page 13 |
---|
| 620 | + | limitations in this section relating to original bond issues. |
---|
| 621 | + | H. District refunding bonds: |
---|
| 622 | + | (1) may have principal value, interest or any |
---|
| 623 | + | part thereof payable at intervals or at maturity, as determined |
---|
| 624 | + | by the board; |
---|
| 625 | + | (2) may be subject to prior redemption at the |
---|
| 626 | + | board's option at a time or times and upon terms and conditions |
---|
| 627 | + | with or without payment of premium or premiums, as determined |
---|
| 628 | + | by the board; |
---|
| 629 | + | (3) may be serial in form and maturity or may |
---|
| 630 | + | consist of a single bond payable in one or more installments or |
---|
| 631 | + | may be in another form, as determined by the board; and |
---|
| 632 | + | (4) shall be exchanged for the bonds and any |
---|
| 633 | + | matured unpaid interest being refunded at not less than par or |
---|
| 634 | + | sold at public or negotiated sale at, above or below par and at |
---|
| 635 | + | a price that results in a net effective interest rate that does |
---|
| 636 | + | not exceed the maximum permitted by the Public Securities Act. |
---|
| 637 | + | I. At a regular or special meeting, the board may |
---|
| 638 | + | adopt a resolution by majority vote to authorize the issuance |
---|
| 639 | + | of the refunding bonds." |
---|
| 640 | + | SECTION 7. A new section of Chapter 6 NMSA 1978 is |
---|
| 641 | + | enacted to read: |
---|
| 642 | + | "[NEW MATERIAL] TAX MODIFICATIONS--BOND TERMS.--Nothing |
---|
| 643 | + | herein shall prohibit the legislature from increasing or |
---|
| 644 | + | decreasing the state gross receipts tax. The terms and |
---|
| 645 | + | .230724.2 |
---|
| 646 | + | - 12 - underscored material = new |
---|
| 647 | + | [bracketed material] = delete |
---|
639 | | - | (2) payable only from properly pledged |
---|
640 | | - | revenues, and each bond or loan shall state that it is |
---|
641 | | - | payable solely from the properly pledged revenues and that |
---|
642 | | - | the bondholders or lenders may not look to any other fund |
---|
643 | | - | for the payment of the principal and interest of the bond or |
---|
644 | | - | the loan. |
---|
645 | | - | E. Bonds issued pursuant to the State Fairgrounds |
---|
646 | | - | District Act: |
---|
647 | | - | (1) may have principal value, interest or |
---|
648 | | - | any part thereof payable at intervals or at maturity as may |
---|
649 | | - | be determined by the board; |
---|
650 | | - | (2) may be subject to a prior redemption |
---|
651 | | - | at the district's option at a time and upon terms and |
---|
652 | | - | conditions, with or without the payment of a premium, as |
---|
653 | | - | determined by the board; |
---|
654 | | - | (3) may mature at any time not more than |
---|
655 | | - | twenty-five years after the date that the first bonds are |
---|
656 | | - | issued for the district; |
---|
657 | | - | (4) may be serial in form and maturity, may |
---|
658 | | - | consist of one bond payable at one time or in installments or |
---|
659 | | - | may be in another form determined by the board; |
---|
660 | | - | (5) shall be sold for cash at, above or |
---|
661 | | - | below par and at a price that results in a net effective |
---|
662 | | - | interest rate that does not exceed the maximum permitted by |
---|
663 | | - | the Public Securities Act and the Public Securities STBTC/SB 481 |
---|
664 | | - | Page 14 |
---|
| 673 | + | conditions of any bond issued by the district pursuant to the |
---|
| 674 | + | State Fairgrounds Act shall explicitly provide that the |
---|
| 675 | + | repayment of such bonds, including interest and principal, is |
---|
| 676 | + | subject to modifications based on the increase or decrease in |
---|
| 677 | + | taxes imposed by the state." |
---|
| 678 | + | SECTION 8. A new section of Chapter 6 NMSA 1978 is |
---|
| 679 | + | enacted to read: |
---|
| 680 | + | "[NEW MATERIAL] STATE FAIRGROUNDS DISTRICT FUND.--The |
---|
| 681 | + | "state fairgrounds district fund" is created in the state |
---|
| 682 | + | treasury. The fund consists of distributions, appropriations, |
---|
| 683 | + | gifts, grants, donations and income from investment of the |
---|
| 684 | + | fund. The board shall administer the fund. Money in the fund |
---|
| 685 | + | is appropriated to the board for the issuance and payment of |
---|
| 686 | + | bonds pursuant to the State Fairgrounds District Act. |
---|
| 687 | + | Expenditures from the fund shall be by warrant of the secretary |
---|
| 688 | + | of finance and administration pursuant to vouchers signed by |
---|
| 689 | + | the secretary of finance and administration or the secretary's |
---|
| 690 | + | authorized representative. Any unexpended or unencumbered |
---|
| 691 | + | balance remaining at the end of fiscal year 2051 shall revert |
---|
| 692 | + | to the general fund." |
---|
| 693 | + | SECTION 9. A new section of Chapter 6 NMSA 1978 is |
---|
| 694 | + | enacted to read: |
---|
| 695 | + | "[NEW MATERIAL] EXEMPTION FROM TAXATION.--The bonds |
---|
| 696 | + | authorized by the State Fairgrounds District Act and the income |
---|
| 697 | + | from the bonds or any other instrument executed as security for |
---|
| 698 | + | .230724.2 |
---|
| 699 | + | - 13 - underscored material = new |
---|
| 700 | + | [bracketed material] = delete |
---|
695 | | - | "REFUNDING BONDS.-- |
---|
696 | | - | A. After issuing bonds in accordance with the |
---|
697 | | - | State Fairgrounds District Act, the board may, subject to |
---|
698 | | - | the provisions of Section 9 of the State Fairgrounds District |
---|
699 | | - | Act, issue refunding bonds for the purpose of refinancing, |
---|
700 | | - | paying and discharging all or any part of outstanding bonds |
---|
701 | | - | for the: |
---|
702 | | - | (1) acceleration, deceleration or other |
---|
703 | | - | modification of the payment of the outstanding bonds, |
---|
704 | | - | including, without limitation, any capitalization of any |
---|
705 | | - | interest on the outstanding bonds in arrears or about to |
---|
706 | | - | become due for any period not exceeding two years from the |
---|
707 | | - | date of the refunding bonds; |
---|
708 | | - | (2) purpose of reducing interest costs or |
---|
709 | | - | effecting other economies; or |
---|
710 | | - | (3) purpose of modifying or eliminating |
---|
711 | | - | restrictive contractual limitations: |
---|
712 | | - | (a) pertaining to the issuance of |
---|
713 | | - | additional bonds; or |
---|
714 | | - | (b) concerning the outstanding bonds STBTC/SB 481 |
---|
715 | | - | Page 15 |
---|
| 730 | + | "[NEW MATERIAL] REPORT REQUIRED.--By September 1 of each |
---|
| 731 | + | year, beginning in 2025 and continuing until 2052, the board |
---|
| 732 | + | shall report to the state board of finance and the legislative |
---|
| 733 | + | finance committee on the implementation of the State |
---|
| 734 | + | Fairgrounds District Act and expenditures to date, bonds |
---|
| 735 | + | issued, debt service reserve funds held, progress made toward |
---|
| 736 | + | retiring the bonds, estimated capital investment in the |
---|
| 737 | + | district, the estimated total net new jobs and new full-time |
---|
| 738 | + | economic base jobs created in the district and the total |
---|
| 739 | + | revenues distributed to the district in each previous fiscal |
---|
| 740 | + | year." |
---|
| 741 | + | SECTION 11. A new section of the Tax Administration Act |
---|
| 742 | + | is enacted to read: |
---|
| 743 | + | "[NEW MATERIAL] DISTRIBUTION--STATE FAIRGROUNDS |
---|
| 744 | + | DISTRICT.--A distribution pursuant to Section 7-1-6.1 NMSA 1978 |
---|
| 745 | + | shall be made to the state fairgrounds district fund in an |
---|
| 746 | + | amount, subject to any increase or decrease made pursuant to |
---|
| 747 | + | Section 7-1-6.15 NMSA 1978, equal to the net receipts |
---|
| 748 | + | attributable to the gross receipts tax from business locations |
---|
| 749 | + | on land owned by the state, commonly known as the "state |
---|
| 750 | + | fairgrounds", and lying within the exterior boundaries of the |
---|
| 751 | + | .230724.2 |
---|
| 752 | + | - 14 - underscored material = new |
---|
| 753 | + | [bracketed material] = delete |
---|
741 | | - | or facilities relating to the outstanding bonds. |
---|
742 | | - | B. The board may pledge irrevocably for the |
---|
743 | | - | payment of principal, interest and premium, if any, on |
---|
744 | | - | refunding bonds the revenues received from distributions |
---|
745 | | - | of the gross receipts tax and the gaming tax pursuant to |
---|
746 | | - | Section 13 of this 2025 act, which may be pledged to an |
---|
747 | | - | original issue of bonds. |
---|
748 | | - | C. Refunding bonds may be issued separately or |
---|
749 | | - | in combination in one series or more. |
---|
750 | | - | D. Refunding bonds may be authorized only by |
---|
751 | | - | resolution of the board. Bonds that are refunded shall be |
---|
752 | | - | paid at maturity or on any permitted prior redemption date |
---|
753 | | - | in the amounts, at the time and places and, if called prior |
---|
754 | | - | to maturity, in accordance with any applicable notice |
---|
755 | | - | provisions, all as provided in the proceedings authorizing |
---|
756 | | - | the issuance of the refunded bonds or otherwise appertaining |
---|
757 | | - | to them, except for any such bond that is voluntarily |
---|
758 | | - | surrendered for exchange or payment by the holder or owner. |
---|
759 | | - | E. The principal amount of the refunding bonds |
---|
760 | | - | may exceed the principal amount of the refunded bonds and may |
---|
761 | | - | also be less than or the same as the principal amount of the |
---|
762 | | - | bonds being refunded if provision is duly and sufficiently |
---|
763 | | - | made for the payment of the refunded bonds. |
---|
764 | | - | F. The proceeds of refunding bonds, including |
---|
765 | | - | accrued interest and premiums appertaining to the sale of STBTC/SB 481 |
---|
766 | | - | Page 16 |
---|
767 | | - | 1 |
---|
768 | | - | 2 |
---|
769 | | - | 3 |
---|
770 | | - | 4 |
---|
771 | | - | 5 |
---|
772 | | - | 6 |
---|
773 | | - | 7 |
---|
774 | | - | 8 |
---|
775 | | - | 9 |
---|
776 | | - | 10 |
---|
777 | | - | 11 |
---|
778 | | - | 12 |
---|
779 | | - | 13 |
---|
780 | | - | 14 |
---|
781 | | - | 15 |
---|
782 | | - | 16 |
---|
783 | | - | 17 |
---|
784 | | - | 18 |
---|
785 | | - | 19 |
---|
786 | | - | 20 |
---|
787 | | - | 21 |
---|
788 | | - | 22 |
---|
789 | | - | 23 |
---|
790 | | - | 24 |
---|
791 | | - | 25 |
---|
792 | | - | refunding bonds, shall be immediately applied to the |
---|
793 | | - | retirement of the bonds being refunded or placed in escrow |
---|
794 | | - | in a commercial bank or trust company that possesses and |
---|
795 | | - | exercises trust powers and that is a member of the federal |
---|
796 | | - | deposit insurance corporation. The proceeds shall be applied |
---|
797 | | - | to the principal of, interest on and any prior redemption |
---|
798 | | - | premium due in connection with the bonds being refunded; |
---|
799 | | - | provided that the refunding bond proceeds, including premiums |
---|
800 | | - | and accrued interest appertaining to a sale of refunding |
---|
801 | | - | bonds, may be applied to the establishment and maintenance of |
---|
802 | | - | a reserve fund and to the payment of expenses incidental to |
---|
803 | | - | the refunding and the issuance of the refunding bonds, the |
---|
804 | | - | principal of those bonds and the interest of those bonds or |
---|
805 | | - | both principal and interest as the board determines. This |
---|
806 | | - | section does not require the establishment of an escrow if |
---|
807 | | - | the refunded bonds and the amounts necessary to retire the |
---|
808 | | - | refunded bonds within that time are deposited with the paying |
---|
809 | | - | agent for the refunded bonds. Any such escrow shall not |
---|
810 | | - | necessarily be limited to proceeds of refunding bonds but |
---|
811 | | - | may include other money available for its purpose. Proceeds |
---|
812 | | - | in escrow pending such use may be invested or reinvested in |
---|
813 | | - | bills, certificates of indebtedness, notes or bonds that |
---|
814 | | - | are direct obligations of, or the principal and interest of |
---|
815 | | - | which obligations are unconditionally guaranteed by, the |
---|
816 | | - | United States or in certificates of deposit of banks that STBTC/SB 481 |
---|
817 | | - | Page 17 |
---|
818 | | - | 1 |
---|
819 | | - | 2 |
---|
820 | | - | 3 |
---|
821 | | - | 4 |
---|
822 | | - | 5 |
---|
823 | | - | 6 |
---|
824 | | - | 7 |
---|
825 | | - | 8 |
---|
826 | | - | 9 |
---|
827 | | - | 10 |
---|
828 | | - | 11 |
---|
829 | | - | 12 |
---|
830 | | - | 13 |
---|
831 | | - | 14 |
---|
832 | | - | 15 |
---|
833 | | - | 16 |
---|
834 | | - | 17 |
---|
835 | | - | 18 |
---|
836 | | - | 19 |
---|
837 | | - | 20 |
---|
838 | | - | 21 |
---|
839 | | - | 22 |
---|
840 | | - | 23 |
---|
841 | | - | 24 |
---|
842 | | - | 25 |
---|
843 | | - | are members of the federal deposit insurance corporation; |
---|
844 | | - | provided that the par value of the certificates of deposit |
---|
845 | | - | is collateralized by a pledge of obligations or by a pledge |
---|
846 | | - | of payment that is unconditionally guaranteed by the United |
---|
847 | | - | States; and further provided that the par value of those |
---|
848 | | - | obligations is at least seventy-five percent of the par |
---|
849 | | - | value of the certificates of deposit. Such proceeds and |
---|
850 | | - | investments in escrow, together with any interest or other |
---|
851 | | - | income to be derived from any such investment, shall be in |
---|
852 | | - | an amount at all times sufficient as to principal, interest, |
---|
853 | | - | any prior redemption premium due and any charges of the |
---|
854 | | - | escrow agent payable from the escrow to pay the bonds being |
---|
855 | | - | refunded as they become due at their respective maturities |
---|
856 | | - | or at any designated prior redemption date or dates in |
---|
857 | | - | connection with which the prior redemption option shall be |
---|
858 | | - | exercised. A purchaser of a refunding bond issued is not |
---|
859 | | - | responsible for the application of the proceeds by the |
---|
860 | | - | district or any of its officers, agents or employees. |
---|
861 | | - | G. Refunding bonds may bear additional terms and |
---|
862 | | - | provisions as determined by the board subject to the |
---|
863 | | - | limitations in the State Fairgrounds District Act relating to |
---|
864 | | - | original bond issues. |
---|
865 | | - | H. District refunding bonds: |
---|
866 | | - | (1) may have principal value, interest or |
---|
867 | | - | any part thereof payable at intervals or at maturity, as STBTC/SB 481 |
---|
868 | | - | Page 18 |
---|
869 | | - | 1 |
---|
870 | | - | 2 |
---|
871 | | - | 3 |
---|
872 | | - | 4 |
---|
873 | | - | 5 |
---|
874 | | - | 6 |
---|
875 | | - | 7 |
---|
876 | | - | 8 |
---|
877 | | - | 9 |
---|
878 | | - | 10 |
---|
879 | | - | 11 |
---|
880 | | - | 12 |
---|
881 | | - | 13 |
---|
882 | | - | 14 |
---|
883 | | - | 15 |
---|
884 | | - | 16 |
---|
885 | | - | 17 |
---|
886 | | - | 18 |
---|
887 | | - | 19 |
---|
888 | | - | 20 |
---|
889 | | - | 21 |
---|
890 | | - | 22 |
---|
891 | | - | 23 |
---|
892 | | - | 24 |
---|
893 | | - | 25 |
---|
894 | | - | determined by the board; |
---|
895 | | - | (2) may be subject to prior redemption at |
---|
896 | | - | the board's option at a time or times and upon terms and |
---|
897 | | - | conditions with or without payment of premium or premiums, as |
---|
898 | | - | determined by the board; |
---|
899 | | - | (3) may be serial in form and maturity or |
---|
900 | | - | may consist of a single bond payable in one or more |
---|
901 | | - | installments or may be in another form, as determined by |
---|
902 | | - | the board; and |
---|
903 | | - | (4) shall be exchanged for the bonds and |
---|
904 | | - | any matured unpaid interest being refunded at not less than |
---|
905 | | - | par or sold at public or negotiated sale at, above or below |
---|
906 | | - | par and at a price that results in a net effective interest |
---|
907 | | - | rate that does not exceed the maximum permitted by the Public |
---|
908 | | - | Securities Act. |
---|
909 | | - | I. At a regular or special meeting, the board may |
---|
910 | | - | adopt a resolution by majority vote to authorize the issuance |
---|
911 | | - | of the refunding bonds." |
---|
912 | | - | SECTION 9. A new section of Chapter 6 NMSA 1978 is |
---|
| 779 | + | city of Albuquerque. This distribution shall be made until the |
---|
| 780 | + | bonds issued pursuant to the State Fairgrounds District Act are |
---|
| 781 | + | fully discharged or otherwise provided for in full." |
---|
| 782 | + | SECTION 12. A new section of the Gaming Control Act is |
---|
914 | | - | "TAX MODIFICATIONS--BOND TERMS--EXPIRATION.-- |
---|
915 | | - | A. Nothing in the State Fairgrounds District Act |
---|
916 | | - | shall prohibit the legislature from modifying any tax, |
---|
917 | | - | including increasing or decreasing a tax. The terms and |
---|
918 | | - | conditions of any bond issued by the district pursuant to STBTC/SB 481 |
---|
919 | | - | Page 19 |
---|
920 | | - | 1 |
---|
921 | | - | 2 |
---|
922 | | - | 3 |
---|
923 | | - | 4 |
---|
924 | | - | 5 |
---|
925 | | - | 6 |
---|
926 | | - | 7 |
---|
927 | | - | 8 |
---|
928 | | - | 9 |
---|
929 | | - | 10 |
---|
930 | | - | 11 |
---|
931 | | - | 12 |
---|
932 | | - | 13 |
---|
933 | | - | 14 |
---|
934 | | - | 15 |
---|
935 | | - | 16 |
---|
936 | | - | 17 |
---|
937 | | - | 18 |
---|
938 | | - | 19 |
---|
939 | | - | 20 |
---|
940 | | - | 21 |
---|
941 | | - | 22 |
---|
942 | | - | 23 |
---|
943 | | - | 24 |
---|
944 | | - | 25 |
---|
945 | | - | that act shall explicitly provide that the repayment of such |
---|
946 | | - | bonds, including interest and principal, is subject to |
---|
947 | | - | modifications to taxes imposed by the state. |
---|
948 | | - | B. The terms of bonds issued pursuant to the |
---|
949 | | - | State Fairgrounds District Act, including refunding bonds, |
---|
950 | | - | shall expire not more than twenty-five years after the date |
---|
951 | | - | that the first bonds are issued for the district." |
---|
952 | | - | SECTION 10. A new section of Chapter 6 NMSA 1978 is |
---|
953 | | - | enacted to read: |
---|
954 | | - | "DISTRICT DEVELOPMENT PLAN.--The district shall prepare |
---|
955 | | - | a district development plan that shall include: |
---|
956 | | - | A. a map depicting the geographical boundaries |
---|
957 | | - | of the area proposed for inclusion within the district |
---|
958 | | - | development area; |
---|
959 | | - | B. the estimated time necessary to complete the |
---|
960 | | - | district projects; |
---|
961 | | - | C. a description and the estimated cost of all |
---|
962 | | - | projects and public improvements proposed for the district; |
---|
963 | | - | D. whether it is proposed to use gross receipts |
---|
964 | | - | tax bonds, gaming tax bonds or property tax bonds or some |
---|
965 | | - | combination to finance all or part of the projects and public |
---|
966 | | - | improvements; |
---|
967 | | - | E. the estimated annual revenue to be generated |
---|
968 | | - | by the district development and the portion of that revenue |
---|
969 | | - | to be allocated during the time necessary to complete the STBTC/SB 481 |
---|
970 | | - | Page 20 |
---|
971 | | - | 1 |
---|
972 | | - | 2 |
---|
973 | | - | 3 |
---|
974 | | - | 4 |
---|
975 | | - | 5 |
---|
976 | | - | 6 |
---|
977 | | - | 7 |
---|
978 | | - | 8 |
---|
979 | | - | 9 |
---|
980 | | - | 10 |
---|
981 | | - | 11 |
---|
982 | | - | 12 |
---|
983 | | - | 13 |
---|
984 | | - | 14 |
---|
985 | | - | 15 |
---|
986 | | - | 16 |
---|
987 | | - | 17 |
---|
988 | | - | 18 |
---|
989 | | - | 19 |
---|
990 | | - | 20 |
---|
991 | | - | 21 |
---|
992 | | - | 22 |
---|
993 | | - | 23 |
---|
994 | | - | 24 |
---|
995 | | - | 25 |
---|
996 | | - | payment of the projects; |
---|
997 | | - | F. the general proposed land uses; |
---|
998 | | - | G. the number and types of jobs expected to be |
---|
999 | | - | created; |
---|
1000 | | - | H. the amount and characteristics of workforce |
---|
1001 | | - | and affordable housing expected to be created; |
---|
1002 | | - | I. the location and characteristics of public |
---|
1003 | | - | school facilities expected to be created, improved, |
---|
1004 | | - | rehabilitated or constructed; |
---|
1005 | | - | J. a description of innovative planning |
---|
1006 | | - | techniques, including mixed-use transit-oriented development, |
---|
1007 | | - | traditional neighborhood design or sustainable development |
---|
1008 | | - | techniques, that are deemed by the governing body to be |
---|
1009 | | - | beneficial and that will be incorporated into the district; |
---|
1010 | | - | and |
---|
1011 | | - | K. the amount and type of private investment in |
---|
1012 | | - | the district development." |
---|
1013 | | - | SECTION 11. A new section of Chapter 6 NMSA 1978 is |
---|
1014 | | - | enacted to read: |
---|
1015 | | - | "EXEMPTION FROM TAXATION.--The bonds authorized by |
---|
1016 | | - | the State Fairgrounds District Act and the income from the |
---|
1017 | | - | bonds or any other instrument executed as security for the |
---|
1018 | | - | bonds shall be exempt from all taxation by the state or any |
---|
1019 | | - | political subdivision of the state." |
---|
1020 | | - | SECTION 12. A new section of Chapter 6 NMSA 1978 is STBTC/SB 481 |
---|
1021 | | - | Page 21 |
---|
1022 | | - | 1 |
---|
1023 | | - | 2 |
---|
1024 | | - | 3 |
---|
1025 | | - | 4 |
---|
1026 | | - | 5 |
---|
1027 | | - | 6 |
---|
1028 | | - | 7 |
---|
1029 | | - | 8 |
---|
1030 | | - | 9 |
---|
1031 | | - | 10 |
---|
1032 | | - | 11 |
---|
1033 | | - | 12 |
---|
1034 | | - | 13 |
---|
1035 | | - | 14 |
---|
1036 | | - | 15 |
---|
1037 | | - | 16 |
---|
1038 | | - | 17 |
---|
1039 | | - | 18 |
---|
1040 | | - | 19 |
---|
1041 | | - | 20 |
---|
1042 | | - | 21 |
---|
1043 | | - | 22 |
---|
1044 | | - | 23 |
---|
1045 | | - | 24 |
---|
1046 | | - | 25 |
---|
1047 | | - | enacted to read: |
---|
1048 | | - | "REPORT REQUIRED.--By September 1 of each year, |
---|
1049 | | - | beginning in 2025, the board shall report to the state board |
---|
1050 | | - | of finance and the legislative finance committee on the |
---|
1051 | | - | implementation of the State Fairgrounds District Act and |
---|
1052 | | - | expenditures to date, bonds issued, debt service reserve |
---|
1053 | | - | funds held, progress made toward retiring the bonds, |
---|
1054 | | - | estimated capital investment in the district, the estimated |
---|
1055 | | - | total net new jobs and new full-time economic base jobs |
---|
1056 | | - | created in the district and the total revenues distributed |
---|
1057 | | - | to the district in each previous fiscal year." |
---|
1058 | | - | SECTION 13. A new section of the Tax Administration Act |
---|
1059 | | - | is enacted to read: |
---|
1060 | | - | "DISTRIBUTION--STATE FAIRGROUNDS DISTRICT.-- |
---|
1061 | | - | A. Beginning July 1, 2025, after a transfer is |
---|
1062 | | - | made pursuant to Section 7-1-6.13 NMSA 1978, a distribution |
---|
1063 | | - | shall be made by the department to a special fund of the |
---|
1064 | | - | state fairgrounds district in an amount equal to seventy-five |
---|
1065 | | - | percent of the net receipts attributable to the gross |
---|
1066 | | - | receipts tax from business locations within the state |
---|
1067 | | - | fairgrounds district. Except as provided in Subsection D |
---|
1068 | | - | of this section, the distribution shall be made until the |
---|
1069 | | - | bonds issued pursuant to the State Fairgrounds District Act |
---|
1070 | | - | are fully discharged or otherwise provided for in full. |
---|
1071 | | - | B. Beginning July 1, 2025, a distribution shall STBTC/SB 481 |
---|
1072 | | - | Page 22 |
---|
1073 | | - | 1 |
---|
1074 | | - | 2 |
---|
1075 | | - | 3 |
---|
1076 | | - | 4 |
---|
1077 | | - | 5 |
---|
1078 | | - | 6 |
---|
1079 | | - | 7 |
---|
1080 | | - | 8 |
---|
1081 | | - | 9 |
---|
1082 | | - | 10 |
---|
1083 | | - | 11 |
---|
1084 | | - | 12 |
---|
1085 | | - | 13 |
---|
1086 | | - | 14 |
---|
1087 | | - | 15 |
---|
1088 | | - | 16 |
---|
1089 | | - | 17 |
---|
1090 | | - | 18 |
---|
1091 | | - | 19 |
---|
1092 | | - | 20 |
---|
1093 | | - | 21 |
---|
1094 | | - | 22 |
---|
1095 | | - | 23 |
---|
1096 | | - | 24 |
---|
1097 | | - | 25 |
---|
1098 | | - | be made by the department to a special fund of the state |
---|
1099 | | - | fairgrounds district in an amount equal to seventy-five |
---|
1100 | | - | percent of the net receipts attributable to the gaming tax |
---|
1101 | | - | from locations on the state fairgrounds district. Except |
---|
1102 | | - | as provided in Subsection D of this section, the distribution |
---|
1103 | | - | shall be made until the bonds issued pursuant to the State |
---|
1104 | | - | Fairgrounds District Act are fully discharged or otherwise |
---|
1105 | | - | provided for in full. |
---|
1106 | | - | C. The distributions provided by this section |
---|
1107 | | - | may be adjusted for other required distributions under the |
---|
1108 | | - | Tax Administration Act. |
---|
1109 | | - | D. Immediately after approval of a proposed |
---|
1110 | | - | issuance of bonds by the state fairgrounds district pursuant |
---|
1111 | | - | to Section 7 of the State Fairgrounds District Act, the state |
---|
1112 | | - | board of finance and the New Mexico finance authority shall |
---|
1113 | | - | notify the secretary of taxation and revenue. Immediately |
---|
1114 | | - | after issuing bonds pursuant to Section 7 of the State |
---|
1115 | | - | Fairgrounds District Act, the state fairgrounds district |
---|
1116 | | - | shall notify the secretary of taxation and revenue. If, by |
---|
1117 | | - | June 30, 2029, the state board of finance and the New Mexico |
---|
1118 | | - | finance authority have not approved of a proposed issuance of |
---|
1119 | | - | bonds or the state fairgrounds district has not issued bonds: |
---|
1120 | | - | (1) no further distributions shall be made; |
---|
1121 | | - | and |
---|
1122 | | - | (2) all money from distributions made prior STBTC/SB 481 |
---|
1123 | | - | Page 23 |
---|
1124 | | - | 1 |
---|
1125 | | - | 2 |
---|
1126 | | - | 3 |
---|
1127 | | - | 4 |
---|
1128 | | - | 5 |
---|
1129 | | - | 6 |
---|
1130 | | - | 7 |
---|
1131 | | - | 8 |
---|
1132 | | - | 9 |
---|
1133 | | - | 10 |
---|
1134 | | - | 11 |
---|
1135 | | - | 12 |
---|
1136 | | - | 13 |
---|
1137 | | - | 14 |
---|
1138 | | - | 15 |
---|
1139 | | - | 16 |
---|
1140 | | - | 17 |
---|
1141 | | - | 18 |
---|
1142 | | - | 19 |
---|
1143 | | - | 20 |
---|
1144 | | - | 21 |
---|
1145 | | - | 22 |
---|
1146 | | - | 23 |
---|
1147 | | - | 24 |
---|
1148 | | - | 25 |
---|
1149 | | - | to June 30, 2029 pursuant to this section shall revert to the |
---|
1150 | | - | general fund. |
---|
1151 | | - | E. As used in this section, "state fairgrounds |
---|
1152 | | - | district" means land owned by the state, commonly known as |
---|
1153 | | - | the "state fairgrounds", and lying within the exterior |
---|
1154 | | - | boundaries of the city of Albuquerque as of July 1, 2025 and |
---|
1155 | | - | land contiguous to the state fairgrounds that may be |
---|
1156 | | - | subsequently acquired by that district or another public |
---|
1157 | | - | entity and included in the boundaries of the district by the |
---|
1158 | | - | district's board." |
---|
1159 | | - | SECTION 14. Section 4-53-1 NMSA 1978 (being Laws 1965, |
---|
1160 | | - | Chapter 291, Section 1) is amended to read: |
---|
1161 | | - | "4-53-1. SHORT TITLE.--Chapter 4, Article 53 NMSA 1978 |
---|
1162 | | - | may be cited as the "Special District Procedures Act"." |
---|
1163 | | - | SECTION 15. A new section of the Special District |
---|
1164 | | - | Procedures Act is enacted to read: |
---|
1165 | | - | "EXEMPTION.--The state fairgrounds district and the |
---|
1166 | | - | provisions of the State Fairgrounds District Act are exempt |
---|
1167 | | - | from the provisions of the Special District Procedures Act." |
---|
1168 | | - | SECTION 16. Section 4-54-1 NMSA 1978 (being Laws 1965, |
---|
1169 | | - | Chapter 283, Section 1) is amended to read: |
---|
1170 | | - | "4-54-1. SHORT TITLE.--Chapter 4, Article 54 NMSA 1978 |
---|
1171 | | - | may be cited as the "Community Service District Act"." |
---|
1172 | | - | SECTION 17. A new section of the Community Service |
---|
1173 | | - | District Act is enacted to read: STBTC/SB |
---|
1174 | | - | 481 |
---|
1175 | | - | Page 24 |
---|
1176 | | - | 1 |
---|
1177 | | - | 2 |
---|
1178 | | - | 3 |
---|
1179 | | - | 4 |
---|
1180 | | - | 5 |
---|
1181 | | - | 6 |
---|
1182 | | - | 7 |
---|
1183 | | - | 8 |
---|
1184 | | - | 9 |
---|
1185 | | - | 10 |
---|
1186 | | - | 11 |
---|
1187 | | - | 12 |
---|
1188 | | - | 13 |
---|
1189 | | - | 14 |
---|
1190 | | - | 15 |
---|
1191 | | - | 16 |
---|
1192 | | - | 17 |
---|
1193 | | - | 18 |
---|
1194 | | - | 19 |
---|
1195 | | - | 20 |
---|
1196 | | - | 21 |
---|
1197 | | - | 22 |
---|
1198 | | - | 23 |
---|
1199 | | - | 24 |
---|
1200 | | - | 25 |
---|
1201 | | - | "EXEMPTION.--The state fairgrounds district and the |
---|
1202 | | - | provisions of the State Fairgrounds District Act are exempt |
---|
1203 | | - | from the provisions of the Community Service District Act." |
---|
1204 | | - | SECTION 18. EFFECTIVE DATE.--The effective date of the |
---|
1205 | | - | provisions of this act is July 1, 2025. |
---|
| 784 | + | "[NEW MATERIAL] DISTRIBUTION--STATE FAIRGROUNDS |
---|
| 785 | + | DISTRICT.--A distribution pursuant to Section 7-1-6.1 NMSA 1978 |
---|
| 786 | + | shall be made to the state fairgrounds district fund in an |
---|
| 787 | + | amount, subject to any increase or decrease made pursuant to |
---|
| 788 | + | Section 7-1-6.15 NMSA 1978, equal to the net receipts |
---|
| 789 | + | attributable to the gaming tax from business locations on land |
---|
| 790 | + | owned by the state, commonly known as the "state fairgrounds", |
---|
| 791 | + | and lying within the exterior boundaries of the city of |
---|
| 792 | + | Albuquerque. This distribution shall be made until the bonds |
---|
| 793 | + | issued pursuant to the State Fairgrounds District Act are fully |
---|
| 794 | + | discharged or otherwise provided for in full." |
---|
| 795 | + | - 15 - |
---|
| 796 | + | .230724.2 |
---|