A. An economic development tax incentive shall include in the enabling statute the following minimum provisions:
(1) a statement of purpose;
(2) the designation of a responsible agency to establish measurable policy goals, track state expenditures, quantify the state's return on investment and report regularly to the interim revenue stabilization and tax policy committee and the legislative finance committee;
(3) a requirement that the economic development department track job creation;
(4) specific standards for the taxpayer to qualify for the incentive;
(5) reporting requirements for the taxpayer;
(6) a description of the financial obligation of the taxpayer if the specific standards are not met; and
(7) a mandatory review of the incentive no more than every seven years.
B. The economic development department shall publish annually an aggregate list of the economic development tax incentives used by each taxpayer.
C. For the purposes of this section, "economic development tax incentive" means a credit, deduction, rebate, exemption or other tax benefit for the primary purpose of promoting economic development or offering an advantage to a particular industry or type of business to do business in New Mexico.
D. Nothing in this section shall be construed to conflict with current confidentiality rules or statutes.
History: Laws 2010, ch. 87, § 1.
Effective dates. — Laws 2010, ch. 87 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
Structure New Mexico Statutes
Chapter 9 - Executive Department
Article 15 - Economic Development Department
Section 9-15-2 - Findings and purpose.
Section 9-15-4 - Department established.
Section 9-15-5 - Secretary of the economic development department; appointment.
Section 9-15-6 - Secretary; duties and general powers.
Section 9-15-7 - Secretary; additional duties.
Section 9-15-7.1 - Additional planning duties of secretary.
Section 9-15-11 - Economic development commission created; membership; duties.
Section 9-15-12 - Commission; powers and duties.
Section 9-15-12.1 to 9-15-13 - Repealed.
Section 9-15-14 - Administrative services division; duties.
Section 9-15-14.1 - New Mexico outdoor recreation division; duties; definitions.
Section 9-15-14.2 - Outdoor recreation advisory committee; creation; membership; duties.
Section 9-15-14.4 - Outdoor equity grant program; created; administration; grant criteria.
Section 9-15-14.5 - Outdoor equity grant program fund; created.
Section 9-15-15 - Department cooperation with local and regional development agencies.
Section 9-15-16 - Technology enterprise division created.
Section 9-15-17 - Director; duties.
Section 9-15-18 - Proprietary information.
Section 9-15-19 - Technology enterprise fund created.
Section 9-15-19.1 - State match fund created.
Section 9-15-19.2 - New Mexico 9000 program enterprise fund; created; purpose.
Section 9-15-21 to 9-15-27 - Repealed.
Section 9-15-29 - Definitions.
Section 9-15-30 - Mexican affairs division created; duties.
Section 9-15-30.1 - Division of international trade created; duties.
Section 9-15-31 - Director; duties.
Section 9-15-32 - Office established.
Section 9-15-34 - Duties of the department.
Section 9-15-34.1 - Business incubators; conditions for state expenditures.
Section 9-15-35 - Program created; purposes.
Section 9-15-36 - Fund created.
Section 9-15-37 - Short title.
Section 9-15-39 - Definitions.
Section 9-15-40 - Designation as the lead state agency.
Section 9-15-41 - Defense conversion; department duties.
Section 9-15-50 - Duties (Repealed effective July 1, 2028.)
Section 9-15-51.1 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2028.)
Section 9-15-52 - Short title.
Section 9-15-53 - Definitions.
Section 9-15-54 - Minority business assistance program; department duties and powers.
Section 9-15-55 - Minority business assistance fund created.
Section 9-15-56 - Economic development tax incentives; guidelines.
Section 9-15-57 - Solo-worker program.
Section 9-15-58 - Sustainable economy task force; created; staff.
Section 9-15-59 - Sustainable economy task force; duties; strategic plan; reporting.