HOUSE BILL 505
54th legislature - STATE OF NEW MEXICO - first session, 2019
Roberto "Bobby” J. Gonzales and Eliseo Lee Alcon and
Joseph L. Sanchez
RELATING TO HOUSING; AMENDING SECTIONS OF THE REGIONAL HOUSING LAW; CHANGING THE REQUIRED COUNTY OF ORIGIN DISTRIBUTION FOR REGIONAL HOUSING AUTHORITY BOARD COMMISSIONERS; REMOVING STATE BOARD OF FINANCE APPROVAL FOR CREATION OF NONPROFIT CORPORATIONS AND THEIR ARTICLES OF INCORPORATION AND BYLAWS PRIOR TO APPROVAL BY THE NEW MEXICO MORTGAGE FINANCE AUTHORITY; CLARIFYING THE OWNERSHIP OF PROPERTY BY REGIONAL HOUSING AUTHORITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 11-3A-6 NMSA 1978 (being Laws 1994, Chapter 132, Section 6, as amended) is amended to read:
"11-3A-6. POWERS OF REGIONAL HOUSING AUTHORITY IN BOARD OF COMMISSIONERS--APPOINTMENT OF BOARD OF REGIONAL HOUSING AUTHORITIES--TERMS.--
A. The powers of each regional housing authority shall be vested in its board of commissioners as the board may be constituted, from time to time. The board of commissioners of the regional housing authority for each of the three regions shall be appointed by the governor and consist of [one person from each county within] at least seven members who shall be residents of the designated area of the regional housing authority [which person shall be a resident]; provided that no more than two members shall be residents of [that] the same county [and shall be appointed by the governor]. Appointments shall be for terms of four years and shall be made so that the terms of not more than four commissioners on each board of commissioners expire on July 1 of each year. Vacancies shall be filled for the unexpired term. Commissioners shall serve until their successors have been appointed.
B. Members of [a] the board of commissioners of a regional housing authority shall elect an executive committee consisting of a chair, vice chair, treasurer, secretary and one other member of the board to function and meet on a monthly basis as an executive committee. The executive committee shall have the authority to act on behalf of the board of commissioners of the regional housing authority as needed. The executive committee shall submit a report of actions to the full board of commissioners, which shall meet on a quarterly basis.
C. [The] Members of the [boards] board of commissioners of a regional housing authority may receive per diem and mileage as provided in the Per Diem and Mileage Act but shall receive no other compensation, perquisite or allowance. A majority of the appointed commissioners of a board of commissioners shall constitute a quorum of [a] the board [of commissioners] for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by a regional housing authority upon a vote of a majority of the commissioners present. Each board of commissioners shall organize itself at its annual meeting each year. A board of commissioners may employ an executive director, subject to approval by the New Mexico mortgage finance authority. With delegated authority from the board of commissioners, the executive director may hire or terminate, according to the procurement and personnel policies and procedures of the regional housing authority, any technical experts, officers, attorneys, agents or employees, permanent or temporary, as the regional housing authority may require.
D. The threshold requirements for commissioners of boards of regional housing authorities are that commissioners have expertise and experience in housing construction, real estate, architecture, law, banking, housing finance, business, property management, accounting, residential development, public housing programs, community development, social services or health care. The requirements set forth in this section shall not apply to commissioners serving pursuant to requirements of the federal department of housing and urban development.
E. Commissioners are expected to attend all meetings of the board of commissioners of the regional housing authority, and more than three unexcused absences may be grounds for dismissal from the board. All recommendations for [appointment as] appointments of commissioners shall be forwarded to and reviewed by the New Mexico mortgage finance authority prior to recommendation to the governor."
SECTION 2. Section 11-3A-9 NMSA 1978 (being Laws 1994, Chapter 132, Section 9, as amended) is amended to read:
"11-3A-9. NONPROFIT CORPORATIONS.--Every regional housing authority, in addition to other powers conferred by the Regional Housing Law, shall have, if authorized by resolution of its board of commissioners, [and approved by the state board of finance] the power to create nonprofit corporations to carry out the powers and duties set forth in Section 11-3A-7 NMSA 1978. The articles of incorporation and bylaws, and any subsequent changes, shall be recommended for approval by [the state board of finance and] the New Mexico mortgage finance authority. Such nonprofit corporations shall be subject to all of the duties and limitations imposed on the regional housing authority and its board of commissioners."
SECTION 3. Section 11-3A-31 NMSA 1978 (being Laws 2009, Chapter 48, Section 20) is amended to read:
"11-3A-31. TRANSITIONAL PROVISIONS--COMMISSIONERS--CONTRACTS AND AGREEMENTS.--
A. Members of boards of commissioners of regional housing authorities appointed prior to [the effective date of this 2009 act] March 31, 2009 shall continue to serve as members of boards of commissioners until their terms expire or their successors are appointed and qualified pursuant to the provisions of [this 2009 act] Laws 2009, Chapter 48.
B. All contracts and agreements of regional housing authorities in effect on [the effective date of this 2009 act] March 31, 2009 shall continue in effect.
C. Property or an interest in property owned by a regional housing authority prior to the consolidation of regional housing authorities pursuant to Laws 2009, Chapter 48 shall be deemed to be owned by the regional housing authority whose region pursuant to Section 11-3A-4 NMSA 1978 includes the county where the property is located."
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