HOUSE BILL 307

56th legislature - STATE OF NEW MEXICO - second session, 2024

INTRODUCED BY

Raymundo Lara and Joy Garratt

 

 

 

 

 

AN ACT

RELATING TO STATE AGENCIES; CHANGING THE COMPOSITION OF THE BORDER AUTHORITY AND THE EXECUTIVE COMMITTEE OF THE AUTHORITY; PROVIDING THAT THE BORDER AUTHORITY IS AN ADJUNCT AGENCY SEPARATE FROM THE ECONOMIC DEVELOPMENT DEPARTMENT; TRANSFERRING PERSONNEL AND DUTIES OF THE BORDER AUTHORITY FROM THE ECONOMIC DEVELOPMENT DEPARTMENT TO THE BORDER AUTHORITY; AMENDING AND REPEALING SECTIONS OF THE BORDER DEVELOPMENT ACT; MAKING AN APPROPRIATION.

 

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

     SECTION 1. Section 58-27-4 NMSA 1978 (being Laws 1991, Chapter 131, Section 4, as amended) is amended to read:

     "58-27-4. BORDER AUTHORITY CREATED--MEMBERSHIP.--

          A. The "border authority" is created. The authority is [a state] an adjunct agency [and is administratively attached to the economic development department] pursuant to Section 9-1-6 NMSA 1978.

          B. The authority consists of [seven] six voting members, [six of whom shall be appointed by the governor. No more than three of those appointed shall belong to the same political party. The seventh member shall be the secretary of economic development or the secretary's designee. The voting members appointed by the governor shall be confirmed by the senate. The lieutenant governor shall serve as a nonvoting ex-officio member. The chair may appoint a nonvoting advisory committee to provide advice and recommendations on authority matters] who shall be appointed in the following manner:

                (1) one member shall be appointed by the speaker of the house of representatives;

                (2) one member shall be appointed by the president pro tempore of the senate;

                (3) one member shall be appointed by the minority floor leader of the senate;

                (4) one member shall be appointed by the minority floor leader of the house of representatives; and

                (5) two members shall be appointed by the governor.

          C. The authority shall select a chair and vice chair from among its members and such other officers as it deems necessary. The [six voting] members of the authority [appointed by the governor] shall be citizens of the state and shall serve for terms of four years except for the initial appointees who shall be appointed so that the terms are staggered after initial appointment. Initial appointees shall serve terms as follows: two members for two years, two members for three years and two members for four years. A vacancy on the authority shall be filled by appointment in the same manner as the original appointment."

     SECTION 2. Section 58-27-5 NMSA 1978 (being Laws 1991, Chapter 131, Section 5, as amended) is amended to read:

     "58-27-5. AUTHORITY--MEMBERS' COMPENSATION.--[Appointed voting] Members of the authority shall be reimbursed for expenses in accordance with those provisions of the Per Diem and Mileage Act that apply to nonsalaried public officers unless a different provision of that act applies to a specific member, in which case that member shall be paid under the applicable provision. Members [and advisors] shall receive no other compensation, perquisite or allowance for serving as a member of or advisor to the authority."

     SECTION 3. Section 58-27-7 NMSA 1978 (being Laws 1991, Chapter 131, Section 7) is amended to read:

     "58-27-7. EXECUTIVE COMMITTEE OF THE AUTHORITY.--The [chairman] chair and [four] three other authority [voting] members appointed by [him] the chair shall constitute the border authority executive committee. The committee shall have such powers and duties as delegated to it by the authority. [The executive director of the authority shall be a nonvoting member of the executive committee.]"

     SECTION 4. TEMPORARY PROVISION--TRANSFER OF APPROPRIATIONS, EQUIPMENT, SUPPLIES, RECORDS, MONEY AND CONTRACTS TO THE BORDER AUTHORITY.--On the effective date of this act:

          A. all money, appropriations made before or after the effective date of this act, records, furniture, equipment, supplies and other property of the economic development department related to duties transferred to the border authority, as necessary, shall be transferred to the border authority;

          B. all existing contracts and agreements in effect pertaining to the duties of the border authority under the economic development department shall be binding and effective on the border authority; and

          C. the rules, orders and decisions of the border authority shall remain in effect until repealed or amended.

     SECTION 5. REPEAL.--Sections 58-27-6 and 58-27-8 NMSA 1978 (being Laws 1991, Chapter 131, Sections 6 and 8, as amended) are repealed.

     SECTION 6. APPROPRIATION.--Fifty thousand dollars ($50,000) is appropriated from the general fund to the border authority for expenditure in fiscal year 2025 and subsequent fiscal years for expenses related to establishing the border authority as an adjunct agency separate from the economic development department. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert to the general fund.

     SECTION 7. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2024.

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