AN ACT
RELATING TO INTERGOVERNMENTAL RELATIONS;
ENACTING THE NEW MEXICO-CHIHUAHUA COMMISSION ACT; PROVIDING FOR COOPERATIVE
ACTIVITIES BETWEEN NEW MEXICO AND THE MEXICAN STATE OF CHIHUAHUA; REPEALING
SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the
"New Mexico-Chihuahua Commission Act".
Section 2. PURPOSES.--The purposes of the New
Mexico-Chihuahua Commission Act are to establish a framework in which New
Mexico and the state of Chihuahua, Mexico, can work to develop mutually
beneficial programs to resolve challenges along the international border common
to both states, to maximize the possibilities for economic development and to
open and institutionalize lines of communication between the public and private
sector leaders of the states.
Section 3. DEFINITIONS.--As used in the New
Mexico-Chihuahua Commission Act:
A. "Chihuahua" means the state of
Chihuahua, Mexico; and
B. "commission" means the New
Mexico-Chihuahua commission.
Section 4. NEW MEXICO-CHIHUAHUA COMMISSION
CREATED--MEMBERS--ADMINISTRATION.--
A. The "New Mexico-Chihuahua
commission" is created and is administratively attached to the economic
development department.
B. The members of the commission representing
New Mexico shall be:
(1) the governor of New Mexico;
(2) the secretary of economic development;
(3) the secretary of tourism;
(4) other state officials as assigned by the
governor; and
(5) no more than ten members of the public
appointed by the governor of New Mexico.
C. The members of the commission representing
Chihuahua shall be appointed or assigned according to the customary procedure
of the executive branch of the government of that state.
D. The economic development department shall
provide administrative assistance to the commission as needed. E. The economic development department shall
keep records of commission proceedings.
F. The co-chairs of the commission shall be the
governors of New Mexico and Chihuahua.
G. Meetings of the commission shall be at the
call of the co-chairs or pursuant to the request of a majority of the members
of the commission.
H. Terms for public members of the commission
appointed by the governor of New Mexico shall be for two years with
reappointment to additional terms at the discretion of the governor.
I. A vacancy in a term of a commission member
representing New Mexico shall be filled by appointment by the governor of New
Mexico for the remainder of the term of the position vacated.
J. The public members of the commission
appointed by the governor of New Mexico shall receive per diem and mileage
pursuant to the Per Diem and Mileage Act for performance of official duties
required by the commission and shall receive no other compensation, perquisite
or allowance.
Section 5. POWERS AND DUTIES.--
A. The commission shall provide a forum for
discussion and resolution of issues of mutual concern to the governments of New
Mexico and Chihuahua.
B. The commission may:
(1) identify projects that can be cooperatively
pursued by New Mexico and Chihuahua;
(2) create avenues of communication between New
Mexico and Chihuahua concerning cultural, artistic, economic and industrial
affairs;
(3) confer with New Mexican and Chihuahuan
cultural, artistic, economic and industrial leaders to determine the best
methods and procedures to carry out the provisions of the New Mexico-Chihuahua
Commission Act;
(4) promote legislation to further the goals of
the commission; and
(5) communicate with state or province
international commissions in other states or nations in order to obtain
information about successful international intergovernmental cooperative
activities or models.
C. The governor of New Mexico may negotiate with
appropriate officials from Chihuahua to create cooperative projects to be implemented
by Chihuahua and New Mexico or to resolve issues of mutual concern to New
Mexico and Chihuahua. The governor may
implement the agreements reached through those negotiations or projects
developed, provided that an agreement that has a fiscal impact on New Mexico
and requires an appropriation shall require an act of the legislature.
Section 6. CONFLICT OF INTEREST.--A member of the
commission who performs a function or duty pursuant to the New Mexico-Chihuahua
Commission Act shall not have a direct or indirect financial interest in an
activity undertaken by the commission.
Section 7. TEMPORARY PROVISION.--On July 1, 2003, all
records, contracts, assets and projects of the New Mexico border commission
shall be transferred to the economic development department. All records, contracts, assets and projects
of New Mexico state university to coordinate programs with Mexico shall remain
with New Mexico state university.
Section 8. REPEAL.--Sections 12-13-1 through 12-13-7
NMSA 1978 (being Laws 1981, Chapter 28, Sections 1 through 7, as amended) are
repealed.
Section 9. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2003.
HB 213
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