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 "2005 Public Securities Validation Act".

     Section 2. DEFINITIONS.--As used in the 2005 Public Securities Validation Act:

          A. "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;

          B. "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; and

          C. "state" means the state of New Mexico and any board, commission, department, corporation, instrumentality or agency thereof.

     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.--The 2005 Public Securities Validation 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. The 2005 Public Securities Validation 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.

     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 1097

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