The authority shall not:
A. lend money or make a grant other than to a qualified entity;
B. purchase securities other than from a qualified entity or other than for investment as provided in the New Mexico Finance Authority Act;
C. lease a public project to any entity other than a qualified entity; except that the authority may lease a public project to any entity following termination of a lease of the public project to a qualified entity if leasing the public project to an entity other than a qualified entity is necessary to avoid forfeiture or impairment of the public project or a default on bonds whose payment is secured, in whole or in part, by the public project or by lease rentals from the public project;
D. deal in securities within the meaning of or subject to any securities law, securities exchange law or securities dealers law of the United States or of the state or of any other state or jurisdiction, domestic or foreign, except as authorized in the New Mexico Finance Authority Act;
E. issue bills of credit or accept deposits of money for time on demand deposit or administer trusts or engage in any form or manner, or in the conduct of, any private or commercial banking business, or act as a savings bank or savings and loan association or any other kind of financial institution except as authorized in the New Mexico Finance Authority Act;
F. engage in any form of private or commercial banking business except as authorized in the New Mexico Finance Authority Act;
G. lend money, issue bonds, including public-private partnership project bonds, or make a grant for the promotion of gaming or a gaming enterprise or for development of infrastructure for a gaming facility; or
H. after December 31, 2005, except in case of an emergency, accept an application for financial assistance from a municipality, county or other covered entity for a water or wastewater project unless it is submitted with a water conservation plan or a water conservation plan is on file with the state engineer in accordance with the provisions of Section 3 [72-14-3.2 NMSA 1978] of this 2003 act.
History: Laws 1992, ch. 61, § 23; 1995, ch. 141, § 20; 1996, ch. 75, § 2; 2001, ch. 294, § 8; 2003, ch. 138, § 4.
The 2003 amendment, effective June 20, 2003, added Subsection H.
The 2001 amendment, effective April 5, 2001, added the exception to Subsection C.
The 1996 amendment, effective March 5, 1996, added Subsection G and made a stylistic change.
The 1995 amendment, effective April 5, 1995, inserted "except as authorized in the New Mexico Finance Authority Act" in Subsections E and F.
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.