HOUSE BILL 496

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO PUBLIC HOUSING; PROVIDING THAT A REGIONAL HOUSING AUTHORITY AND A MUNICIPAL OR COUNTY HOUSING AUTHORITY OR AGENCY MAY EACH EXERCISE JURISDICTION OVER COMMON AREAS OR MAY, PURSUANT TO A JOINT POWERS AGREEMENT, JOINTLY OPERATE WITHIN A COMMON AREA.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 11-3A-5 NMSA 1978 (being Laws 1994, Chapter 132, Section 5, as amended) is amended to read:

     "11-3A-5. JURISDICTION.--A regional authority created by the Regional Housing Law shall operate within the area of its housing region [except for that]. If a portion of the area [that] lies within the territorial boundary of a municipality or county that has established an authority or housing agency, [If by resolution the governing bodies of municipalities or counties that have established authorities or housing agencies consent to have the regional authority take action within the territory that would be excluded under this section, the regional authority may enlarge its jurisdiction to include the previously excluded territory. Any subsequent withdrawal of consent by resolution of a local public body or a municipal or county authority shall not prohibit the development and operation of any housing projects initiated in the city or county by the regional authority prior to the date of the resolution withdrawing consent when there is a financial assistance contract in existence for the project with the state or federal government at the date of the withdrawal of consent except upon terms that are mutually agreed upon between the regional authority, the governing bodies of the cities or counties and the state or federal government] the regional authority and the municipal or county authority or agency may each exercise its jurisdiction over the common area or, pursuant to a joint powers agreement, the regional authority and the municipal or county authority or agency may agree to exercise joint jurisdiction."

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