HOUSE BILL 894

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rodolpho “Rudy” S. Martinez

AN ACT

RELATING TO INTERGOVERNMENTAL AGREEMENTS; EXPANDING THE DEFINITION OF "PUBLIC AGENCY" IN THE JOINT POWERS AGREEMENTS ACT TO INCLUDE ANY OTHER STATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 11-1-2 NMSA 1978 (being Laws 1961, Chapter 135, Section 2, as amended) is amended to read:

     "11-1-2. DEFINITIONS.--As used in the Joint Powers Agreements Act:

          A. "public agency" means the federal government or [any] a federal department, agency or instrumentality; this state, [an adjoining] another state or [any] a state department, agency or instrumentality; an Indian nation, tribe or pueblo; a subdivision of an Indian nation, tribe or pueblo that has authority pursuant to the law of that Indian nation, tribe or pueblo to enter into joint powers agreements directly with the state; a county, municipality, public corporation or public district of this state or [an adjoining] another state; a New Mexico educational institution specified in Article 12, Section 11 of the constitution of New Mexico; and a New Mexico school district or a school district of another state;

          B. "agreement" means a written contractual agreement entered into between two or more public agencies subject to [any] a constitutional or legislative restriction imposed upon any of the contracting public agencies, but the Joint Powers Agreements Act does not authorize an interstate water supply agreement or limit the powers of an interstate water compact commission, the interstate stream commission or the state engineer, and it does not limit the powers of a state agency or political subdivision to enter into agreements with the interstate stream commission or the state engineer;

          C. "bonds" means revenue bonds;

          D. "bondholder" means [any] a person who is the bearer of [any] an outstanding bond or the owner of bonds that are at the time registered to other than the bearer;

          E. "indenture" means the instrument providing the terms and conditions for the issuance of the bonds and may be a resolution, order, agreement or other instrument; and

          F. "instrumentality" means a public corporate entity created by state law but [which] that is not subject to the general laws of the state and is not a state agency or department."

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