HOUSE BILL 31
49th legislature - STATE OF NEW MEXICO - first special session, 2009
INTRODUCED BY
Dennis J. Roch
AN ACT
RELATING TO THE SPACEPORT; REQUIRING THE SPACEPORT AUTHORITY AND REGIONAL SPACEPORT DISTRICTS TO IMMEDIATELY SUSPEND ALL CURRENT CONTRACTS AND EXPENDITURES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 5-16-6 NMSA 1978 (being Laws 2006, Chapter 15, Section 6) is amended to read:
"5-16-6. POWERS OF THE DISTRICT.--
A. A district is a body politic and corporate. In addition to other powers granted to the district pursuant to the Regional Spaceport District Act, [the] a district may:
(1) have perpetual existence, except as otherwise provided in the contract;
(2) sue and be sued;
(3) enter into contracts and agreements affecting the affairs of the district; provided, however, that any district in existence as of the effective date of this 2009 special session act shall immediately suspend all contracts that result in or involve an expenditure of funds and shall suspend all expenditures;
(4) pledge all or a portion of the revenues to the payment of bonds of the authority; and
(5) construct, in connection with the authority, a regional spaceport within the boundaries of the district.
B. After the creation of a district, the board may include property within or exclude property from the boundaries of the district in the manner provided in this section. Property shall not be included within the boundaries of the district unless it is within the boundaries of the members of the combination at the time of the inclusion. Prior to inclusion of property in or exclusion of property from the boundaries of the district, the board shall cause notice of the proposed inclusion or exclusion to be published in a newspaper of general circulation within the boundaries of the district and cause the notice to be mailed to the authority. The notice shall:
(1) describe the property to be included in or excluded from the boundaries of the district;
(2) specify the date, time and place at which the board shall hold a public hearing on the proposed inclusion or exclusion; provided that the date of the public hearing contained in the notice shall be not less than twenty days after publication of the notice; and
(3) state that persons having objections to the inclusion or exclusion may appear at the public hearing to object to the proposed inclusion or exclusion.
C. The board shall hear all objections to the proposed inclusion or exclusion of property at the time and place designated in the notice. The board, upon the affirmative vote of two-thirds of the directors, may adopt a resolution including or excluding all or a portion of the property described in the notice. Upon the adoption of the resolution, the property shall be included within or excluded from the boundaries of the district as set forth in the resolution. The board may adopt the resolution without amending the district's enabling contract. The board shall file the resolution with the authority, which shall cause the resolution to be recorded in the real estate records of each county having territory included in the boundaries of the district."
Section 2. Section 58-31-5 NMSA 1978 (being Laws 2005, Chapter 128, Section 5, as amended) is amended to read:
"58-31-5. AUTHORITY POWERS AND DUTIES.--
A. The authority shall:
(1) hire an executive director, who shall employ the necessary professional, technical and clerical staff to enable the authority to function efficiently and shall direct the affairs and business of the authority, subject to the direction of the authority;
(2) be located within fifty miles of a southwest regional spaceport;
(3) advise the governor, the governor's staff and the New Mexico finance authority oversight committee on methods, proposals, programs and initiatives involving a southwest regional spaceport that may further stimulate space-related business and employment opportunities in New Mexico;
(4) initiate, develop, acquire, own, construct, maintain and lease space-related projects;
(5) make and execute all contracts and other instruments necessary or convenient to the exercise of its powers and duties; provided, however, that as of the effective date of this 2009 special session act, the authority shall immediately suspend all contracts that result in or involve an expenditure of funds and shall suspend all expenditures;
(6) create programs to expand high-technology economic opportunities within New Mexico;
(7) create avenues of communication among federal government agencies, the space industry, users of space launch services and academia concerning space business;
(8) promote legislation that will further the goals of the authority and development of space business;
[(9) oversee and fund production of promotional literature related to the authority's goals;
(10)] (9) identify science and technology trends that are significant to space enterprise and the state and act as a clearinghouse for space enterprise issues and information;
[(11)] (10) coordinate and expedite the involvement of the state executive branch's space-related development efforts; and
[(12)] (11) perform environmental, transportation, communication, land use and other technical studies necessary or advisable for projects and programs or to secure licensing by appropriate United States agencies.
B. The authority may:
(1) advise and cooperate with municipalities, counties, state agencies and organizations, appropriate federal agencies and organizations and other interested persons and groups;
(2) solicit and accept federal, state, local and private grants of funds or property and financial or other aid for the purpose of carrying out the provisions of the Spaceport Development Act;
(3) adopt rules governing the manner in which its business is transacted and the manner in which the powers of the authority are exercised and its duties performed;
(4) operate spaceport facilities, including acquisition of real property necessary for spaceport facilities and the filing of necessary documents with appropriate agencies;
(5) construct, purchase, accept donations of or lease projects located within the state;
(6) sell, lease or otherwise dispose of a project upon terms and conditions acceptable to the authority and in the best interests of the state;
[(7) issue revenue bonds and borrow money for the purpose of defraying the cost of acquiring a project by purchase or construction and of securing the payment of the bonds or repayment of a loan;
(8) enter into contracts with regional spaceport districts and issue bonds on behalf of regional spaceport districts for the purpose of financing the purchase, construction, renovation, equipping or furnishing of a regional spaceport or a spaceport-related project;
(9) refinance a project;
(10) contract with any competent private or public organization or individual to assist in the fulfillment of its duties;
(11)] (7) fix, alter, charge and collect tolls, fees or rentals and impose any other charges for the use of or for services rendered by any authority facility, program or service; and
[(12)] (8) contract with regional spaceport districts to receive municipal regional spaceport gross receipts tax and county regional spaceport gross receipts tax revenues.
C. The authority shall not:
(1) incur debt as a general obligation of the state or pledge the full faith and credit of the state to repay debt; or
(2) expend funds or incur debt [for the improvement, maintenance, repair or addition to property unless it is owned by the authority, the state or a political subdivision of the state]."
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