NOTE: As provided in LFC policy, this report is
intended only for use by the standing finance committees of the
legislature. The Legislative Finance Committee does not assume
responsibility for the accuracy of the information in this report when used for
other purposes.
The
most recent FIR version (in HTML & Adobe PDF formats) is available on the
Legislative Website. The Adobe PDF
version includes all attachments, whereas the HTML version does not. Previously issued FIRs and attachments may be
obtained from the LFC in Suite 101 of the State Capitol Building North.
F I S C A
L I M P A C T R E P O R T
SPONSOR:
|
Smith
|
DATE
TYPED:
|
3/19/03
|
HB
|
|
SHORT
TITLE:
|
Objectives
for State Investment Officer
|
SB
|
779/aSCORC/aHAFC/aHFl
#1
|
|
ANALYST:
|
Neel
|
|
|
|
|
|
|
|
|
REVENUE
Estimated Revenue
|
Subsequent
Years Impact
|
Recurring
or
Non-Rec
|
Fund
Affected
|
FY03
|
FY04
|
|
|
|
|
NFI
|
|
|
|
|
|
|
|
|
(Parenthesis
( ) Indicate Revenue Decreases)
SOURCES OF
INFORMATION
Responses
Received From
SIC
SUMMARY
Synopsis
of HFl #1 Amendment
The House Floor amendment #1 adds an emergency clause to the proposed
legislation.
Synopsis
of HAFC Amendment
The House Appropriations and Finance Committee amendment
reduces the percent of the Severance Tax Permanent Fund (STPF) that can be
invested in New Mexico Private Equities from 8 percent to six.
Synopsis of SCORC Amendment
The
Senate Corporations and Transportation Committee amendment makes the following
substantive changes:
- Eliminates the 60
percent ceiling that SIC can invest in New Mexico private equity
funds;
- Requires SIC to
comply with guidelines and policies established by the council in investing
in New Mexico Private equity funds; and
- Increases the
ceiling that SIC can invest in individual companies from 49 percent to 51
percent with specified exceptions;
Synopsis of Original Bill
SB-779 raises the limit on investments in New
Mexico private equity funds from three percent to
eight percent of the market value of the severance tax permanent fund. It also allows co-investment in New
Mexico businesses and defines the term “New
Mexico business”.
The bill eliminates restrictions on the dollar
amount that may be committed to any one fund or business and eliminates the
restriction on the minimum committed capital size of a New Mexico private equity
fund. It raises the amount invested in
any one New Mexico private equity fund
from fifty percent to sixty percent of the total committed capital of that
fund. It sets limits on investment in
any one New Mexico business of no more
than ten percent of the amount available for investment pursuant to this
section, and limits this investment to no more than forty-nine percent of the
total investment capital in a business.
The bill also requires the State Investment Council (SIC) to review SBIC
funding once a year and adjust funding to one-fourth percent of the market
value of the Severance Tax Permanent Fund (STPF) if below this level. It also requires semi-annual reporting on the
New
Mexico private equity investments in the STPF by the
SIC to the Legislature.
OTHER
SUBSTANTIVE ISSUES
The SIC reports that SB-779 will allow more
investments in New Mexico private equity funds and co-investments in New Mexico
businesses, thus providing an increase in capital to stimulate the economic
development of New Mexico. The SIC would prefer eliminating the limit on the
amount invested in any one New Mexico private equity fund as a percentage of
their committed capital.
POSSIBLE QUESTIONS
SB 779 allows the State Investment Officer to make investments in New Mexico businesses in conjunction with cooperative
investment agreements with parties that have demonstrated abilities and
relationships in making investments in new, emerging or expanding
businesses. What is the difference
between the proposed investment in New Mexico businesses and the current practice of
investing in New
Mexico
businesses through private equity funds?
The New Mexico Department of Economic development has in the past
directly invested in New Mexico businesses. What were the
returns from these investments?
SN/njw:yr