AN ACT
RELATING TO THE PUBLIC PEACE, HEALTH,
SAFETY AND WELFARE; VALIDATING, RATIFYING, APPROVING AND CONFIRMING PUBLIC
SECURITIES HERETOFORE ISSUED BY THE STATE OR ANY BOARD, INSTITUTION,
COMMISSION, DEPARTMENT, CORPORATION, INSTRUMENTALITY OR AGENCY THEREOF, OR BY
ANY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, IRRIGATION, CONSERVANCY,
DRAINAGE, SANITATION OR WATER DISTRICT, COMMISSION OR OTHER POLITICAL
SUBDIVISION OF THE STATE CONSTITUTING A BODY CORPORATE; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the
"2003 Public Securities Validation Act".
Section 2. DEFINITIONS.--As used in the 2003 Public
Securities Validation Act:
A. "public security" means a bond,
note certificate of indebtedness or other obligation for the payment of money,
issued by this state or by any public body thereof;
B. "state" means the state of New
Mexico and any board, commission, department, corporation, instrumentality or
agency thereof; and
C. "public body" of the state means
any state educational institution or other state institution, its board of
regents or other governing body thereof constituting a body corporate, any
county, city, town, village, school district, irrigation district, drainage
district, conservancy district, sanitation district, water district,
commission, authority or other political subdivision of the state constituting
a body corporate.
Section 3. VALIDATION.--All outstanding public
securities of the state and of all public bodies thereof, and all acts and
proceedings heretofore had or taken, or purportedly had or taken, by or on
behalf of the state or any public body thereof under law or color of law
preliminary to and in the authorization, execution, sale, issuance and payment,
or any combination thereof, of all such public securities are hereby validated,
ratified, approved and confirmed, including but not necessarily limited to, the
terms, provisions, conditions and covenants of any resolution or ordinance
appertaining thereto, the redemption or refunding of public securities before
maturity and provisions therefor, including defeasance and discharge of liens
arising from or existing by virtue of public securities redeemed or refunded,
the levy and collection of rates, tolls and charges, special assessments, and
general and other taxes, and the acquisition and application of other revenues,
the pledge and use of the proceeds thereof, and the establishment of liens
thereon and funds therefore, appertaining to such public securities, except as
hereinafter provided, notwithstanding any lack of power, authority or
otherwise, and notwithstanding any defects and irregularities in such public
securities, acts and proceedings, and in such authorization, execution, sale,
issuance and payment, including, without limiting the generality of the
foregoing, such acts and proceedings appertaining to such public securities all
or any part of which have heretofore not been issued nor purportedly
issued. Such outstanding public
securities are and shall be, and such public securities heretofore not issued
nor purportedly issued shall be, after their issuance, binding, legal, valid
and enforceable obligations of the state or the public body issuing them in
accordance with their terms and their authorizing proceedings, subject to the
taking or adoption of acts and proceedings heretofore not had nor taken, nor
purportedly had nor taken, but required by and in substantial and due
compliance with laws appertaining to any such public securities heretofore not
issued nor purportedly issued.
Section 4. EFFECT AND LIMITATIONS.--This act shall
operate to supply such legislative authority as may be necessary to validate
any public securities heretofore issued and any such acts and proceedings
heretofore taken that the legislature could have supplied or provided for or
can now supply or provide for in the law under which such public securities
were issued and such acts or proceedings were taken. This act, however, shall be limited to the
validation of public securities, acts and proceedings to the extent to which
the same can be effectuated under the state and federal constitutions. Also this act shall not operate to validate,
ratify, approve, confirm or legalize any public security, acts, proceeding or
other matter which has heretofore been determined in any legal proceeding to be
illegal, void or ineffective.
Section 5. CONSTRUCTION.--This act being necessary to
secure the public health, safety, convenience and welfare, it shall be
liberally construed to effect its purposes.
Section 6. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
HTRC/HB 991
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