A. The state board of finance shall issue and sell all severance tax bonds when authorized to do so by any law that sets out the amount of the issue and the recipient of the money.
B. The state board of finance shall also issue and sell severance tax bonds authorized by Sections 72-14-36 through 72-14-42 NMSA 1978, and such authority as has been given to the interstate stream commission to issue and sell such bonds is transferred to the state board of finance. The state board of finance shall issue and sell all severance tax bonds only when so instructed by resolution of the governing body or by written direction from an authorized officer of the recipient of the bond money.
C. Except as provided in Subsection D of this section, proceeds from supplemental severance tax bonds shall be used only for public school capital outlay projects pursuant to the Public School Capital Outlay Act [Chapter 22, Article 24 NMSA 1978] or the Public School Capital Improvements Act [Chapter 22, Article 25 NMSA 1978].
D. Proceeds from supplemental severance tax bonds issued pursuant to Paragraph (2) of Subsection A of Section 19 of Chapter 6 of Laws 1999 (1st S.S.) and Section 1 of this 2017 act shall be used for the purposes specified in those provisions.
E. Except as provided in Subsection F of this section, the state board of finance shall issue and sell all supplemental severance tax bonds when so instructed by resolution of the public school capital outlay council pursuant to Section 7-27-12.2 NMSA 1978.
F. The state board of finance shall issue and sell the supplemental severance tax bonds authorized by:
(1) Paragraph (2) of Subsection A of Section 19 of Chapter 6 of Laws 1999 (1st S.S.) when so instructed by resolution of the commission on higher education; and
(2) Section 1 of this 2017 act upon certification by the secretary of finance and administration of the need to use proceeds from those bonds as outlined in that section.
History: 1953 Comp., § 72-18-37, enacted by Laws 1961, ch. 5, § 10; 1984, ch. 4, § 2; 1999 (1st S.S.), ch. 6, § 6; 2001, ch. 37, § 1; 2001, ch. 338, § 1; 2017 (1st S.S.), ch. 1, § 5.
Cross references. — For laws authorizing severance tax bond issues, see the appendix to this article.
For state board of finance, see 6-1-1 NMSA 1978.
For commission on higher education, see 21-1-26 NMSA 1978.
For public school capital outlay council, see 22-24-6 NMSA 1978.
For interstate stream commission, see 72-14-1 NMSA 1978.
The 2017 (1st S.S.) amendment, effective May 26, 2017, authorized the board of finance division of the department of finance and administration to transfer proceeds from supplemental severance tax bonds to the general fund for use by the department in fiscal year 2017 to restore certain allotments from the general fund; in Subsection D, after "(1st S.S.)", added "and Section 1 of this 2017 act", and after "specified in", deleted "that paragraph" and added "those provisions"; and in Subsection F, after "authorized by", added paragraph designation "(1)", and at the end of Paragraph (1), added "and", and added Paragraph (2).
2001 Multiple Amendments. — Laws 2001, ch. 338, § 1, effective April 5, 2001, substituted "by written direction from an authorized officer" for "executive head" at the end of Subsection B; in Subsection C, inserted the exception to the beginning of the subsection, deleted "critical" preceding "capital outlay", substituted "the Public School Capital Improvements Act" for language concerning post-secondary infrastructure renovation and expansion needs; deleted former Subsection D; and added current Subsections D, E and F.
Laws 2001, ch. 37, § 1, effective June 15, 2001, in Subsection B, deleted "executive head" and added "by written direction from an authorized officer"; and in Subsection D, after the second occurrence of "commission higher education", deleted "pursuant to certification by the governing bodies of the appropriate educational institutions".
The 1999 amendment, effective July 1, 1999, added the Subsection A and B designations and added Subsection C; inserted "or executive head" in the second sentence in Subsection B; and made minor stylistic changes.
Structure New Mexico Statutes
Article 27 - Severance Tax Bonding Act
Section 7-27-2 - Severance tax bonding fund created.
Section 7-27-3 - Severance tax permanent fund created.
Section 7-27-3.1 - Transfer of investment powers.
Section 7-27-3.2 - Definition.
Section 7-27-3.3 - Severance tax permanent fund; annual distributions.
Section 7-27-5 - Investment of severance tax permanent fund.
Section 7-27-5.3 - Conventional mortgage pass-through securities.
Section 7-27-5.4 - New Mexico business investments.
Section 7-27-5.5 - Educational loan notes.
Section 7-27-5.13 - Educational institution research and development facilities revenue bonds.
Section 7-27-5.14 - Findings and purpose.
Section 7-27-5.15 - New Mexico private equity funds and New Mexico business investments.
Section 7-27-5.17 - Employers mutual company revenue bonds.
Section 7-27-5.19 - Deposits in New Mexico financial institutions; limitations.
Section 7-27-5.20 - Deposits in New Mexico credit unions.
Section 7-27-5.21 - New Mexico lottery revenue bonds.
Section 7-27-5.26 - Investment in films to be produced in New Mexico.
Section 7-27-5.27 - Local government emergency economic relief.
Section 7-27-6 - Severance tax bonding fund pledged.
Section 7-27-7 - Special income to retire bonds.
Section 7-27-8 - Transfer of money to severance tax permanent fund.
Section 7-27-9 - Bonds to be known as severance tax bonds and supplemental severance tax bonds.
Section 7-27-10 - State board of finance shall issue bonds.
Section 7-27-11 - Authority to refund bonds.
Section 7-27-12 - When severance tax bonds to be issued.
Section 7-27-12.1 - Severance tax bonds; purpose for which issued; appropriation of proceeds.
Section 7-27-14 - Amount of tax; security for bonds.
Section 7-27-15 - Majority approval necessary for board action.
Section 7-27-16 - Form of bonds.
Section 7-27-17 - Execution of bonds.
Section 7-27-18 - Procedure for sale of bonds.
Section 7-27-19 - Severance tax bonds and supplemental severance tax bonds legal investments.
Section 7-27-20 - Expenses paid from severance tax bonding fund.
Section 7-27-21 - Treasurer to make bond payments and keep records.
Section 7-27-22 - Severance tax bonding act to be full authority for issuance of bonds.
Section 7-27-23 - Suit may be brought to compel performance of officers.
Section 7-27-24 - Bonds tax free.
Section 7-27-25 - No impairment of obligation of contract.
Section 7-27-26 - Severance tax bonding fund continued.
Section 7-27-27 - Purpose and intent.
Section 7-27-31 - Severance tax income bond retirement fund created.
Section 7-27-32 - Severance tax income bond retirement fund pledged.
Section 7-27-42 - Severance tax income bonds; legal investments.
Section 7-27-43 - Expenses paid from severance tax income bond retirement fund.
Section 7-27-44 - Treasurer to make bond payments and keep records.
Section 7-27-46 - Suit may be brought to compel performance of officers.
Section 7-27-47 - Bonds tax-free.
Section 7-27-48 - Temporary provision; no impairment of obligation of contract.