HOUSE BILL 554
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
Roberto "Bobby" J. Gonzales
AN ACT
RELATING TO LOCAL GOVERNMENT; AMENDING SECTIONS OF THE ECONOMIC ADVANCEMENT DISTRICT ACT TO EXPAND THE DEFINITION OF "PROJECT"; ADDING A METHOD OF ESTABLISHING A BOARD OF TRUSTEES OF A DISTRICT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 6-19-2 NMSA 1978 (being Laws 1987, Chapter 115, Section 2, as amended) is amended to read:
"6-19-2. DEFINITIONS.--As used in the Economic Advancement District Act:
A. "board of trustees" means the governing board of the [economic advancement] district;
B. "district" means an economic advancement district [which] that is composed of contiguous and compact areas whose boundaries coincide and are concurrent with the territorial areas of one or more school districts of the state lying wholly within any B or C class county;
C. "mortgage" means a mortgage or a mortgage and deed of trust or the pledge and hypothecation of any assets as collateral security;
D. "project" means any land and building or other improvements thereon, to be located within the district in whole or in part, and all real and personal properties deemed necessary in connection with a project, whether or not now in existence, which shall be suitable for use by the following or by any combination thereof:
(1) any industry for the manufacturing, processing or assembling of any agricultural or manufactured products;
(2) any commercial enterprise involved in storing, warehousing, distributing or selling products of agriculture, mining or industry [but which does not include facilities designed for the sale of goods or commodities at retail or distribution to the public of electricity, gas, water or telephone or other services commonly classified as public utilities];
(3) any business in which all or part of the activities of the business involves the supplying of services to the general public or to governmental agencies or to a specific industry or customer [but does not include establishments primarily engaged in the sale of goods or commodities at retail];
(4) any private institution of higher education or any nonprofit corporation engaged in health care services, including nursing homes; or
(5) any water distribution or irrigation system, including, without limitation, pumps, distribution lines, transmission lines, towers, dams and similar facilities and equipment designed to provide water to any commercial agricultural activity;
E. "property" means any land, improvements thereon, buildings and any improvements thereto, machinery and equipment of any and all kinds necessary to the project; and
F. "qualified elector" means a natural person resident in a proposed or existing district who is registered to vote in state general elections."
SECTION 2. Section 6-19-3 NMSA 1978 (being Laws 1987, Chapter 115, Section 3) is amended to read:
"6-19-3. LEGISLATIVE INTENT.--It is the intent of the legislature by passage of the Economic Advancement District Act to authorize [economic advancement] districts to acquire, own, lease or sell projects for the purpose of promoting industry and trade [other than retail trade] for the enhancement of the economy of the area encompassed by the district and for the general economy of the state. It is the intent of the legislature that this be accomplished by the inducement of manufacturing, industrial and commercial enterprises to locate and expand in the district and in this state and by the promotion of agricultural products and natural resources of the district and the state."
SECTION 3. Section 6-19-5 NMSA 1978 (being Laws 1987, Chapter 115, Section 5, as amended) is amended to read:
"6-19-5. BOARD OF TRUSTEES--ORGANIZATION--TERMS--VACANCIES--REMOVAL.--
A. If the required majority of votes [were] are cast in favor of the organization of the district, then the county commission [chairman] chair shall declare the organization of the "_____ economic advancement district". The county commission shall then establish a board of trustees by either of the following methods:
(1) the county commission shall call for an election of a board of trustees, within not less than sixty days or more than one hundred twenty days, one from each school district participating in the district in the event there are three or more such participating areas, which shall be held at a time and at sites within the district selected by the county commissioners. In the event there are less than three participating areas, there shall be, in the case of a district with two participating areas, two trustees elected from each school district participating and, in the case of a district with one participating area, three trustees elected from the district. In any of those events:
[B.] (a) board of trustees members shall be over twenty-one years of age, qualified electors and residents of the district; and
[C.] (b) persons desiring to be a candidate for a position on the board of trustees shall file a declaration of candidacy for one of the positions on the board of trustees with the county clerk not later than 5:00 p.m. on the thirtieth day after the issuance of the proclamation by the board of county commissioners. The declaration of candidacy shall be an affidavit as to the qualifications required by law of the declarant for such office. The declaration of candidacy shall be on a form prescribed and furnished by the county clerk. The candidates shall file for and be elected to a particular position number. The candidate receiving the highest number of votes for a particular position shall be elected. To provide for staggered terms, either one-year and three-year terms or two-year and four-year terms shall be assigned by lot to the position numbers in such a manner that approximately half the terms expire in the first even-numbered year following the initial election and the remainder in the next succeeding even-numbered year. Board members shall be elected for terms beginning April 1 succeeding their election. Trustees shall thereafter be elected for four-year terms at elections to be held on the first Tuesday of March of each even-numbered year. The elections required by this section shall be held, conducted and canvassed in the same manner as municipal elections, unless otherwise specifically provided in the Economic Advancement District Act. All vacancies caused in any other manner than by expiration of the term of office shall be filled by appointment by the remaining members; or
(2) the county commission may enter into a joint powers agreement between the county and all incorporated municipalities contained, in whole or in part, within the district to designate a board of trustees constituted from the members or appointees of those elected governing bodies. The number and apportionment of trustees between the jurisdictions shall be determined collectively by the participating jurisdictions as identified in the joint powers agreement but shall not be less than one representative per county and incorporated municipal entity included within the district. The joint powers agreement shall be reviewed and approved by the department of finance and administration prior to the board of trustees being appointed and shall be in compliance with all applicable New Mexico statutes governing counties and municipalities.
[D.] B. Immediately after the election of the members, the board of trustees shall select from its members a [chairman] chair and secretary-treasurer who shall serve in these offices until the next regular board of trustees election or designation. After each board of trustees election, the members shall proceed to reorganize.
[E.] C. Members of the board of trustees shall be suspended or removed from office only as provided in Sections 10-4-1 through 10-4-29 NMSA 1978."
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