A. Bonds and other obligations issued under the provisions of the Educational Assistance Act shall not be deemed to constitute a debt, liability or obligation of or a pledge of the faith and credit of the state or any political subdivision thereof, but shall be payable solely from the revenues or assets of the foundation pledged for such payment. Each obligation issued on behalf of the foundation under that act shall contain on its face a statement to the effect that neither the state nor the foundation shall be obligated to pay the obligation or the interest on the obligation except from the revenues or assets pledged for payment and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligation.
B. Expenses incurred by the foundation in carrying out the provisions of the Educational Assistance Act may be made payable from the revenues and funds provided pursuant to that act, and no liability shall be incurred by the foundation under that act beyond the extent to which such money has been provided.
History: Laws 1981, ch. 319, § 9; 2011, ch. 168, § 4.
The 2011 amendment, effective June 17, 2011, eliminated references to the loan guarantee corporation organized under repealed Section 21-21A-4 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Securities and Obligations §§ 13, 416, 420 to 424.
81A States § 261.
Structure 2021 New Mexico Statutes
Chapter 21 - State and Private Education Institutions
Article 21A - Educational Assistance
Section 21-21A-1 - Short title.
Section 21-21A-3 - Definitions.
Section 21-21A-5 - Nonprofit foundation authorized; purpose.
Section 21-21A-6 - Foundation; board of directors; members; terms; meetings; bylaws.
Section 21-21A-7 - Foundation powers.
Section 21-21A-8 - Issuance of revenue bonds.
Section 21-21A-9 - Status of bonds.
Section 21-21A-10 - Refunding bonds.
Section 21-21A-11 - Trust agreements authorized.
Section 21-21A-12 - Pledge of assets or revenues of foundation.
Section 21-21A-13 - All money received deemed trust funds.
Section 21-21A-14 - Rights of holders of bonds.
Section 21-21A-15 - Legal investments; tax exemption.
Section 21-21A-16 - Annual report and audit.
Section 21-21A-19 - Gifts by persons, corporations, institutions and associations.
Section 21-21A-21 - Dissolution of foundation.
Section 21-21A-22 - Agreement with the state.
Section 21-21A-24 - Educational assistance; foundation activities not affected by repeal.
Section 21-21A-25 - Educational assistance; nonprofit corporation status not affected by repeal.