A. All money of the authority, except as otherwise authorized or provided in the New Mexico Finance Authority Act or in a bond resolution, trust indenture or other instrument under which bonds are issued, shall be deposited as soon as practical in a separate account or accounts in banks or trust companies organized under the laws of this state. All deposits of money shall be secured, if required by the authority, in such a manner as the authority determines to be prudent. Banks or trust companies are authorized to give security for deposits of the authority.
B. Subject to the provisions of any contract with bondholders, the authority shall prescribe a system of accounts.
C. Money held by the authority that is not needed for immediate disbursement, including any funds held in reserve, may be deposited with the state treasurer for short-term investment pursuant to Section 6-10-10.1 NMSA 1978 or may be invested in direct and general obligations of or obligations fully and unconditionally guaranteed by the United States, obligations issued by agencies of the United States, obligations of this state or any political subdivision of the state, interest-bearing time deposits, commercial paper issued by corporations organized and operating within the United States and rated "prime" quality by a national rating service, other investments permitted by Section 6-10-10 NMSA 1978 or as otherwise provided by the trust indenture or bond resolution, if the funds are pledged for or secure payment of bonds issued by the authority.
D. The authority shall have an audit of its books and accounts made at least once each year by the state auditor or by a certified public accounting firm whose proposal has been reviewed and approved by the state auditor. The cost of the audit shall be an expense of the authority. Copies of the audit shall be submitted to the governor and the New Mexico finance authority oversight committee and made available to the public.
E. The authority shall submit a report of its activities to the governor and to the legislature not later than December 1 of each year. Each report shall set forth a complete operating and financial statement covering its operations for that year.
History: Laws 1992, ch. 61, § 21; 1995, ch. 141, § 19; 1996, ch. 28, § 2.
The 1996 amendment, effective March 4, 1996, substituted "other investments permitted by Section 6-10-10 NMSA 1978" for "prime bankers' acceptances issued by money center" in Subsection C.
The 1995 amendment, effective April 5, 1995, inserted "interest-bearing time deposits, commercial paper issued by corporations organized and operating within the United States and rated 'prime' quality by a national rating service, prime bankers' acceptances issued by money center" in Subsection C.
Structure New Mexico Statutes
Article 21 - Finance Authority
Section 6-21-2 - Legislative findings; declaration of purpose.
Section 6-21-5 - Powers of the authority.
Section 6-21-5.1 - Bonds for county correctional facility loans.
Section 6-21-6 - Public project revolving fund; purpose; administration.
Section 6-21-6.1 - Public project revolving fund; appropriations to other funds.
Section 6-21-6.3 - Water and wastewater project grant fund; creation; administration; purposes.
Section 6-21-6.4 - Local government planning fund; creation; administration; purposes.
Section 6-21-6.5 - New Mexico finance authority revenue bonds; purposes.
Section 6-21-6.8 - Local transportation infrastructure fund; creation; purpose; administration.
Section 6-21-6.9 - Local transportation project revenue bonds; issuance.
Section 6-21-6.10 - New Mexico finance authority revenue bonds; purpose; appropriation.
Section 6-21-6.11 - Rural county cancer treatment fund created; purpose; appropriation.
Section 6-21-6.12 - Local government transportation fund; created; distributions.
Section 6-21-6.13 - Metropolitan court bond guarantee fund.
Section 6-21-6.14 - Lease purchase revenue bonds; lease purchase agreements.
Section 6-21-7 - Public project finance program; duties of authority.
Section 6-21-8 - Public project finance program; loans; purchase or sale of securities.
Section 6-21-9 - Public project financing; powers of qualified entities.
Section 6-21-10 - Purchases in name of authority; documentation.
Section 6-21-11 - Bonds of the authority; use; security.
Section 6-21-12 - Bonds; authorization for issuance; terms and conditions.
Section 6-21-13 - Bonds secured by trust indenture.
Section 6-21-14 - Publication of notice; validation; limitation of action.
Section 6-21-15 - Refunding bonds.
Section 6-21-16 - Bond anticipation notes.
Section 6-21-17 - Remedies of bondholders.
Section 6-21-18 - Agreement of the state.
Section 6-21-19 - Bonds; legal investments for public officers and fiduciaries.
Section 6-21-20 - Tax exemption.
Section 6-21-21 - Money of the authority; expenses; audit; annual report.
Section 6-21-22 - Corporate existence.
Section 6-21-23 - Prohibited actions.
Section 6-21-24 - Conflicts of interest; penalty.
Section 6-21-25 - Limitation of liability.
Section 6-21-26 - Court proceedings; preference; venue.
Section 6-21-27 - Cumulative authority.
Section 6-21-28 - Liberal interpretation.
Section 6-21-29 - Severability.
Section 6-21-30 - New Mexico finance authority oversight committee.