46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO BORDER AFFAIRS; AMENDING THE BORDER DEVELOPMENT ACT TO PERMIT THE SECRETARY OF ECONOMIC DEVELOPMENT TO AUTHORIZE A PERSON TO SIT AS HIS DESIGNEE ON THE BORDER AUTHORITY.

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

Section 1. Section 58-27-4 NMSA 1978 (being Laws 1991, Chapter 131, Section 4, as amended) is amended to read:

"58-27-4. BORDER AUTHORITY CREATED--MEMBERSHIP.--

A. The "border authority" is created. The authority is a state agency as defined in Section 6-3-1 NMSA 1978. It shall be administratively attached to the economic development department. It shall be subject to the same laws, regulations and administrative and budgetary controls that apply to a department in the executive branch of state government created pursuant to the Executive Reorganization Act, including [but not limited to] the Audit Act, the Per Diem and Mileage Act, the Procurement Code, the Public Employees Retirement Act, the Open Meetings Act and the Public Records Act.

B. The authority shall consist of seven voting members, six of whom shall be appointed by the governor [of which]. No more than three of those appointed shall belong to the same political party [and]. The seventh member shall be the secretary of [the] economic development [department] or his designee. The voting members appointed by the governor shall be confirmed by the state senate. The lieutenant governor shall serve as a nonvoting ex-officio member. The chairman may appoint a nonvoting advisory committee to provide advice and recommendations on authority matters.

C. The six voting members of the authority appointed by the governor shall be citizens of the state and shall serve for terms of four years except for the initial appointees who shall be appointed so that the terms are staggered after initial appointment. Initial appointees shall serve terms as follows: two members for two years, two members for three years and two members for four years."

Section 2. Section 58-27-6 NMSA 1978 (being Laws 1991, Chapter 131, Section 6, as amended) is amended to read:

"58-27-6. OFFICERS OF THE AUTHORITY.--The secretary of economic development or his designee shall serve as the chairman of the authority. Authority members shall elect any other officers from the membership that the authority [determines] deems appropriate."