0001| SENATE BILL 72 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| BEN D. ALTAMIRANO | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO TAXATION; AUTHORIZING MUNICIPAL AND COUNTY LOCAL | 0012| OPTION GROSS RECEIPTS TAXES FOR ECONOMIC DEVELOPMENT PURPOSES; | 0013| AUTHORIZING THE ISSUANCE OF REVENUE BONDS; AMENDING AND | 0014| ENACTING SECTIONS OF THE NMSA 1978. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. A new section of the Municipal Local Option | 0018| Gross Receipts Taxes Act is enacted to read: | 0019| "[|NEW MATERIAL|] MUNICIPAL ECONOMIC DEVELOPMENT GROSS | 0020| RECEIPTS TAX--AUTHORITY TO IMPOSE RATE.-- | 0021| A. The majority of the members of the governing | 0022| body of a municipality that has a population of less than one | 0023| hundred thousand according to the most recent federal | 0024| decennial census and that has adopted an economic development | 0025| plan pursuant to the Local Economic Development Act may enact | - 1 - 0001| an ordinance imposing an excise tax on any person engaging in | 0002| business in the municipality for the privilege of engaging in | 0003| business. A tax imposed pursuant to this section shall be | 0004| imposed by the enactment of one or more ordinances, each | 0005| imposing any number of one-eighth of one percent increments, | 0006| but the total tax imposed by all ordinances shall not exceed | 0007| an aggregate rate of one-half of one percent of the gross | 0008| receipts of a person engaging in business. | 0009| B. An ordinance imposing a municipal economic | 0010| gross receipts tax may limit the length of time that the | 0011| economic development gross receipts tax may be imposed, but in | 0012| no instance shall the economic development gross receipts tax | 0013| be imposed for less than five years. | 0014| C. The tax imposed pursuant to Subsection A of | 0015| this section may be referred to as the "municipal economic | 0016| development gross receipts tax". | 0017| D. The governing body of a municipality, at the | 0018| time of enacting an ordinance imposing the tax authorized in | 0019| Subsection A of this section, shall dedicate the revenue for | 0020| the purpose of: | 0021| (1) paying economic development gross | 0022| receipts tax revenue bonds issued pursuant to Chapter 3, | 0023| Article 31 NMSA 1978; | 0024| (2) furthering or implementing economic | 0025| development plans and projects as defined in the Local | - 2 - 0001| Economic Development Act; and | 0002| (3) advertising, publicizing, promoting or | 0003| administering an economic development plan adopted by a | 0004| governing body pursuant to the Local Economic Development Act | 0005| and in accordance with law; provided that a municipality shall | 0006| not use more than twenty-five percent of the revenue collected | 0007| for such promotional and administrative purposes. | 0008| E. The limitations on spending for promotional and | 0009| administrative purposes contained in Subsection D of this | 0010| section shall not apply to expenditures for professional | 0011| service contracts entered into by a municipality pursuant to | 0012| the Local Economic Development Act. | 0013| F. An election shall be called on the question of | 0014| approval or disapproval of an ordinance enacted pursuant to | 0015| Subsection A of this section or an ordinance amending such an | 0016| ordinance. The ordinance shall not be effective until it is | 0017| approved by a majority of the voters voting on the question at | 0018| an election to be held pursuant to the provisions of a home | 0019| rule charter or on a date set by the governing body and | 0020| pursuant to the provisions of the Municipal Election Code | 0021| governing special elections. The ballot shall clearly state | 0022| the purpose to which the revenue shall be dedicated and | 0023| specify whether the municipality intends to pledge the revenue | 0024| to payment of revenue bonds. The ballot shall provide for | 0025| voting for or against the following propositions substantially | - 3 - 0001| as follows: "Shall the (city, town, village or H class | 0002| county) of __________, New Mexico adopt a municipal economic | 0003| development gross receipts tax at the rate of _____ percent | 0004| for the purpose of __________ in accordance with Ordinance No. | 0005| _____ adopted on (date) __________?", and, if appropriate, | 0006| "Shall the (city, town, village or H class county) of | 0007| __________, New Mexico issue and sell economic development | 0008| gross receipts tax revenue bonds in a principal amount not to | 0009| exceed $__________ for the purpose of ________________ in | 0010| accordance with Ordinance No. _____ adopted on (date) | 0011| __________?". Revenue so dedicated shall be used by the | 0012| municipality for that purpose until all revenue has been | 0013| expended; provided that a subsequent ordinance may be adopted | 0014| to change the purpose to which the revenue is dedicated to | 0015| another purpose authorized in Subsection D of this section. | 0016| G. If at an election called pursuant to Subsection | 0017| F of this section a majority of the voters voting on the | 0018| question approves the ordinance imposing the tax, then the | 0019| ordinance shall become effective in accordance with the | 0020| provisions of the Municipal Local Option Gross Receipts Taxes | 0021| Act. If at such an election a majority of the registered | 0022| voters voting on the question disapproves the ordinance, then | 0023| the ordinance imposing the tax shall be deemed repealed, and | 0024| the question of imposing any increment of the municipal | 0025| economic development gross receipts tax authorized in this | - 4 - 0001| section shall not be considered again by the governing body | 0002| for a period of one year from the date of the election. | 0003| H. Any law that imposes or authorizes the | 0004| imposition of a municipal economic development gross receipts | 0005| tax or that affects the municipal economic development gross | 0006| receipts tax or any law supplemental to or otherwise | 0007| pertaining to the tax shall not be repealed or amended or | 0008| otherwise directly or indirectly modified in such a manner as | 0009| to impair adversely any outstanding revenue bonds that may be | 0010| secured by a pledge of the municipal economic development | 0011| gross receipts tax unless such outstanding revenue bonds have | 0012| been discharged in full or provision has been fully made for | 0013| their discharge." | 0014| Section 2. A new section of the County Local Option | 0015| Gross Receipts Taxes Act is enacted to read: | 0016| "[|NEW MATERIAL|] COUNTY ECONOMIC DEVELOPMENT GROSS | 0017| RECEIPTS TAX--AUTHORITY TO IMPOSE RATE.-- | 0018| A. The majority of the members of a governing body | 0019| of a county that has a population of less than one hundred | 0020| fifty thousand according to the most recent federal decennial | 0021| census and that has adopted an economic development plan | 0022| pursuant to the Local Economic Development Act may enact an | 0023| ordinance imposing an excise tax on any person engaging in | 0024| business in the county area for the privilege of engaging in | 0025| business. A tax imposed pursuant to this section shall be | - 5 - 0001| imposed by the enactment of one or more ordinances, each | 0002| imposing any number of one-eighth of one percent increments, | 0003| but the total tax imposed by all ordinances shall not exceed | 0004| an aggregate rate of one-half of one percent of the gross | 0005| receipts of a person engaging in business. | 0006| B. An ordinance imposing a county economic | 0007| development gross receipts tax may limit the length of time | 0008| that the economic development gross receipts tax may be | 0009| imposed, but in no instance may the county economic | 0010| development gross receipts tax be imposed for less than five | 0011| years. | 0012| C. The tax imposed pursuant to Subsection A of | 0013| this section may be referred to as the "county economic | 0014| development gross receipts tax". | 0015| D. The governing body of a county, at the time of | 0016| enacting an ordinance imposing the rate of the tax authorized | 0017| in Subsection A of this section, shall dedicate the revenue | 0018| for the purpose of: | 0019| (1) paying economic development gross | 0020| receipts tax revenue bonds issued pursuant to Chapter 4, | 0021| Article 62 NMSA 1978; | 0022| (2) furthering or implementing economic | 0023| development plans and projects as defined in the Local | 0024| Economic Development Act; and | 0025| (3) advertising, publicizing, promoting or | - 6 - 0001| administering an economic development plan adopted by a | 0002| governing body pursuant to the Local Economic Development Act | 0003| and in accordance with law; provided that a county shall not | 0004| use more than twenty-five percent of the revenue collected for | 0005| such promotional and administrative purposes. | 0006| E. The limitations on spending for promotional and | 0007| administrative purposes contained in Subsection D of this | 0008| section shall not apply to expenditures for professional | 0009| service contracts entered into by a county pursuant to the | 0010| Local Economic Development Act. | 0011| F. An election shall be called on the question of | 0012| approval or disapproval of an ordinance enacted pursuant to | 0013| Subsection A of this section or an ordinance amending such an | 0014| ordinance. The ordinance shall not be effective until it is | 0015| approved by a majority of voters voting on the question at a | 0016| general election or at a special election called for that | 0017| purpose by the governing body and held, conducted and | 0018| canvassed in substantially the same manner as provided by law | 0019| for general elections. The ballot shall provide for voting | 0020| for or against the following propositions substantially as | 0021| follows: "Shall the county of __________, New Mexico adopt a | 0022| county local economic development gross receipts tax at the | 0023| rate of _____ percent for the purpose of __________ in | 0024| accordance with Ordinance No. _____ adopted on (date) | 0025| __________?", and, if appropriate, "Shall the county of | - 7 - 0001| __________, New Mexico issue and sell economic development | 0002| gross receipts tax revenue bonds in a principal amount not to | 0003| exceed $___________ for the purpose of _______________ in | 0004| accordance with Ordinance No. _____ adopted on (date) | 0005| __________?". Any revenue so dedicated shall be used by the | 0006| county for that purpose until all revenue has been expended; | 0007| provided that a subsequent ordinance may be adopted to change | 0008| the purpose to which the revenue is dedicated to another | 0009| purpose authorized in Subsection D of this section. | 0010| G. If at an election called pursuant to Subsection | 0011| F of this section a majority of the voters voting on the | 0012| question approves the ordinance imposing the tax, then the | 0013| ordinance shall become effective in accordance with the | 0014| provisions of the County Local Option Gross Receipts Taxes | 0015| Act. If at such an election a majority of the voters voting | 0016| on the question disapproves the ordinance, then the ordinance | 0017| imposing the tax shall be deemed repealed, and the question of | 0018| imposing any increment of the county economic development | 0019| gross receipts tax authorized in this section shall not be | 0020| considered again by the governing body for a period of one | 0021| year from the date of the election. | 0022| H. Any law that imposes or authorizes the | 0023| imposition of a county economic development gross receipts tax | 0024| or that affects the county economic development gross receipts | 0025| tax or any law supplemental to or otherwise pertaining to the | - 8 - 0001| tax shall not be repealed or amended or otherwise directly or | 0002| indirectly modified in such a manner as to impair adversely | 0003| any outstanding revenue bonds that may be secured by a pledge | 0004| of the economic development gross receipts tax unless such | 0005| outstanding revenue bonds have been discharged in full or | 0006| provision has been fully made for their discharge." | 0007| Section 3. Section 3-31-1 NMSA 1978 (being Laws 1973, | 0008| Chapter 395, Section 3, as amended) is amended to read: | 0009| "3-31-1. REVENUE BONDS--AUTHORITY TO ISSUE--PLEDGE OF | 0010| REVENUES--LIMITATION ON TIME OF ISSUANCE.--In addition to any | 0011| other law and constitutional home rule powers authorizing a | 0012| municipality to issue revenue bonds, a municipality may issue | 0013| revenue bonds pursuant to Chapter 3, Article 31 NMSA 1978 for | 0014| the purposes specified in this section. The term "pledged | 0015| revenues", as used in Chapter 3, Article 31 NMSA 1978, means | 0016| the revenues, net income or net revenues authorized to be | 0017| pledged to the payment of particular revenue bonds as | 0018| specifically provided in Subsections A through I of this | 0019| section. | 0020| A. Utility revenue bonds may be issued for | 0021| acquiring, extending, enlarging, bettering, repairing or | 0022| otherwise improving a municipal utility or for any combination | 0023| of the foregoing purposes. The municipality may pledge | 0024| irrevocably any or all of the net revenues from the operation | 0025| of the municipal utility or of any one or more of ~[any]~ | - 9 - 0001| other such municipal utilities for payment of the interest on | 0002| and principal of the revenue bonds. These bonds are sometimes | 0003| referred to in Chapter 3, Article 31 NMSA 1978 as "utility | 0004| revenue bonds" or "utility bonds". | 0005| B. Joint utility revenue bonds may be issued for | 0006| acquiring, extending, enlarging, bettering, repairing or | 0007| otherwise improving joint water facilities, sewer facilities, | 0008| gas facilities or electric facilities or for any combination | 0009| of the foregoing purposes. The municipality may pledge | 0010| irrevocably any or all of the net revenues from the operation | 0011| of these municipal utilities for the payment of the interest | 0012| on and principal of the bonds. These bonds are sometimes | 0013| referred to in Chapter 3, Article 31 NMSA 1978 as "joint | 0014| utility revenue bonds" or "joint utility bonds". | 0015| C. For the purposes of this subsection, "gross | 0016| receipts tax revenue bonds" means gross receipts tax revenue | 0017| bonds or sales tax revenue bonds. Gross receipts tax revenue | 0018| bonds may be issued for any one or more of the following | 0019| purposes: | 0020| (1) constructing, purchasing, furnishing, | 0021| equipping, rehabilitating, making additions to or making | 0022| improvements to one or more public buildings or purchasing or | 0023| improving any ground relating thereto, including but not | 0024| necessarily limited to acquiring and improving parking lots, | 0025| or any combination of the foregoing; | - 10 - 0001| (2) acquiring or improving municipal or | 0002| public parking lots, structures or facilities or any | 0003| combination of the foregoing; | 0004| (3) purchasing, acquiring or rehabilitating | 0005| fire-fighting equipment or any combination of the foregoing; | 0006| (4) acquiring, extending, enlarging, | 0007| bettering, repairing, otherwise improving or maintaining storm | 0008| sewers and other drainage improvements, sanitary sewers, | 0009| sewage treatment plants or water utilities, including but not | 0010| necessarily limited to the acquisition of rights of way and | 0011| water and water rights, or any combination of the foregoing; | 0012| (5) reconstructing, resurfacing, maintaining, | 0013| repairing or otherwise improving existing alleys, streets, | 0014| roads or bridges or any combination of the foregoing or laying | 0015| off, opening, constructing or otherwise acquiring new alleys, | 0016| streets, roads or bridges or any combination of the foregoing, | 0017| provided that any of the foregoing improvements may include | 0018| but are not limited to the acquisition of rights of way; | 0019| (6) purchasing, acquiring, constructing, | 0020| making additions to, enlarging, bettering, extending or | 0021| equipping any airport facilities or any combination of the | 0022| foregoing, including without limitation the acquisition of | 0023| land, easements or rights of way therefor; | 0024| (7) purchasing or otherwise acquiring or | 0025| clearing land or for purchasing, otherwise acquiring and | - 11 - 0001| beautifying land for open space; | 0002| (8) acquiring, constructing, purchasing, | 0003| equipping, furnishing, making additions to, renovating, | 0004| rehabilitating, beautifying or otherwise improving public | 0005| parks, public recreational buildings or other public | 0006| recreational facilities or any combination of the foregoing; | 0007| and | 0008| (9) acquiring, constructing, extending, | 0009| enlarging, bettering, repairing, otherwise improving or | 0010| maintaining solid waste disposal equipment, equipment for | 0011| operation and maintenance of sanitary landfills, sanitary | 0012| landfills, solid waste facilities or any combination of the | 0013| foregoing. | 0014| The municipality may pledge irrevocably any or all of the | 0015| gross receipts tax revenue received by the municipality | 0016| pursuant to Section 7-1-6.4 |or| 7-1-6.12 ~[or 7-19A-6]~ NMSA | 0017| 1978 ~[or pursuant to the Municipal Infrastructure Gross | 0018| Receipts Tax Act]~ to the payment of the interest on and | 0019| principal of the gross receipts tax revenue bonds for any of | 0020| the purposes authorized in this section or for specific | 0021| purposes or for any area of municipal government services, | 0022| including but not limited to those specified in Subsection | 0023| ~[B]~ |C| of Section 7-19D-9 NMSA 1978, or for public purposes | 0024| authorized by municipalities having constitutional home rule | 0025| charters. ~[Any]~ |A| law that imposes or authorizes the | - 12 - 0001| imposition of a municipal gross receipts tax or that affects | 0002| the municipal gross receipts tax, or ~[any]~ |a| law | 0003| supplemental thereto or otherwise appertaining thereto, shall | 0004| not be repealed or amended or otherwise directly or indirectly | 0005| modified in such a manner as to impair adversely any | 0006| outstanding revenue bonds that may be secured by a pledge of | 0007| such municipal gross receipts tax unless ~[such]~ |the| | 0008| outstanding revenue bonds have been discharged in full or | 0009| provision has been fully made therefor. | 0010| D. As used in this section, the term "public | 0011| building" includes but is not limited to fire stations, police | 0012| buildings, jails, libraries, museums, auditoriums, convention | 0013| halls, hospitals, buildings for administrative offices, city | 0014| halls and garages for housing, repairing and maintaining city | 0015| vehicles and equipment. As used in Chapter 3, Article 31 NMSA | 0016| 1978, the term "gross receipts tax revenue bonds" means the | 0017| bonds authorized in Subsection C of this section, and the term | 0018| "gross receipts tax revenue" means the amount of money | 0019| distributed to the municipality as authorized by Section | 0020| 7-1-6.4 NMSA 1978 or the amount of money transferred to the | 0021| municipality as authorized by Section 7-1-6.12 NMSA 1978 for | 0022| any municipal gross receipts tax imposed pursuant to ~[Section | 0023| 7-19-4]~ |Sections 7-19D-9 and 7-19D-11| NMSA 1978. As used | 0024| in Chapter 3, Article 31 NMSA 1978, the term "bond" means any | 0025| obligation of a municipality issued under Chapter 3, Article | - 13 - 0001| 31 NMSA 1978, whether designated as a bond, note, loan, | 0002| warrant, debenture, lease-purchase agreement or other | 0003| instrument evidencing an obligation of a municipality to make | 0004| payments. | 0005| E. Gasoline tax revenue bonds may be issued for | 0006| laying off, opening, constructing, reconstructing, | 0007| resurfacing, maintaining, acquiring rights of way, repairing | 0008| and otherwise improving municipal buildings, alleys, streets, | 0009| public roads and bridges or any combination of the foregoing | 0010| purposes. The municipality may pledge irrevocably any or all | 0011| of the gasoline tax revenue received by the municipality to | 0012| the payment of the interest on and principal of the gasoline | 0013| tax revenue bonds. As used in Chapter 3, Article 31 NMSA | 0014| 1978, "gasoline tax revenue bonds" means the bonds authorized | 0015| in this subsection, and "gasoline tax revenue" means all or | 0016| portions of the amounts of tax revenues distributed to | 0017| municipalities pursuant to Sections 7-1-6.9 ~[7-1-6.14]~ and | 0018| 7-1-6.27 NMSA 1978, as from time to time amended and | 0019| supplemented. | 0020| F. Project revenue bonds may be issued for | 0021| acquiring, extending, enlarging, bettering, repairing, | 0022| improving, constructing, purchasing, furnishing, equipping and | 0023| rehabilitating any revenue producing project, including, where | 0024| applicable, purchasing, otherwise acquiring or improving the | 0025| ground therefor, including but not necessarily limited to | - 14 - 0001| acquiring and improving parking lots, or for any combination | 0002| of the foregoing purposes. The municipality may pledge | 0003| irrevocably any or all of the net revenues from the operation | 0004| of the revenue-producing project for which the particular | 0005| project revenue bonds are issued to the payment of the | 0006| interest on and principal of ~[such]~ |the| project revenue | 0007| bonds. The net revenues of any revenue-producing project may | 0008| not be pledged to the project revenue bonds issued for ~[any]~ | 0009| |a| revenue-producing project that clearly is unrelated in | 0010| nature; but nothing in this subsection shall prevent the | 0011| pledge to ~[any of]~ such project revenue bonds of any | 0012| ~[such]~ revenues received from ~[any]~ existing, future or | 0013| disconnected facilities and equipment that are related to and | 0014| that may constitute a part of the particular revenue-producing | 0015| project. ~[Any]~ |A| general determination by the governing | 0016| body that any facilities or equipment is reasonably related to | 0017| and shall constitute a part of a specified revenue-producing | 0018| project shall be conclusive if set forth in the proceedings | 0019| authorizing such project revenue bonds. As used in Chapter 3, | 0020| Article 31 NMSA 1978: | 0021| (1) "project revenue bonds" means the bonds | 0022| authorized in this subsection; and | 0023| (2) "project revenues" means the net revenues | 0024| of revenue-producing projects that may be pledged to project | 0025| revenue bonds pursuant to this subsection. | - 15 - 0001| G. Fire district revenue bonds may be issued for | 0002| acquiring, extending, enlarging, bettering, repairing, | 0003| improving, constructing, purchasing, furnishing, equipping and | 0004| rehabilitating any fire district project, including, where | 0005| applicable, purchasing, otherwise acquiring or improving the | 0006| ground therefor, or for any combination of the foregoing | 0007| purposes. The municipality may pledge irrevocably any or all | 0008| of the revenues received by the fire district from the fire | 0009| protection fund as provided in Sections 59A-53-1 through | 0010| 59A-53-17 NMSA 1978 and any or all of the revenues provided | 0011| for the operation of the fire district project for which the | 0012| particular bonds are issued to the payment of the interest on | 0013| and principal of ~[such]~ |the| bonds. The revenues of any | 0014| fire district project shall not be pledged to the bonds issued | 0015| for ~[any]~ |a| fire district project that clearly is | 0016| unrelated in its purpose; but nothing in this section shall | 0017| prevent the pledge to ~[any]~ such bonds of any ~[such]~ | 0018| revenues received from ~[any]~ existing, future or | 0019| disconnected facilities and equipment that are related to and | 0020| that may constitute a part of the particular fire district | 0021| project. ~[Any]~ |A| general determination by the governing | 0022| body of the municipality that any facilities or equipment are | 0023| reasonably related to and shall constitute a part of a | 0024| specified fire district project shall be conclusive if set | 0025| forth in the proceedings authorizing such fire district bonds. | - 16 - 0001| H. Law enforcement protection revenue bonds may be | 0002| issued for the repair and purchase of law enforcement | 0003| apparatus and equipment that meet nationally recognized | 0004| standards. The municipality may pledge irrevocably any or all | 0005| of the revenues received by the municipality from the law | 0006| enforcement protection fund distributions pursuant to Sections | 0007| 29-13-1 through 29-13-9 NMSA 1978 to the payment of the | 0008| interest on and principal of the law enforcement protection | 0009| revenue bonds. | 0010| |I. Economic development gross receipts tax | 0011| revenue bonds may be issued for the purpose of furthering | 0012| economic development projects as defined in the Local Economic | 0013| Development Act. The municipality may pledge irrevocably any | 0014| or all of the revenue received from the municipal economic | 0015| development gross receipts tax to the payment of the interest | 0016| on and principal of the economic development gross receipts | 0017| tax revenue bonds for any of the purposes authorized in this | 0018| subsection. A law that imposes or authorizes the imposition | 0019| of a municipal economic development gross receipts tax or that | 0020| affects the municipal economic development gross receipts tax, | 0021| or a law supplemental to or otherwise pertaining to the tax, | 0022| shall not be repealed or amended or otherwise directly or | 0023| indirectly modified in such a manner as to impair adversely | 0024| any outstanding revenue bonds that may be secured by a pledge | 0025| of the municipal economic development gross receipts tax | - 17 - 0001| unless the outstanding revenue bonds have been discharged in | 0002| full or provision has been fully made for their discharge. As | 0003| used in Chapter 3, Article 31 NMSA 1978, "economic development | 0004| gross receipts tax revenue bonds" means the bonds authorized | 0005| in this subsection, and "economic development gross receipts | 0006| tax revenue" means any or all of the revenue from the | 0007| municipal economic development gross receipts tax transferred | 0008| to the municipality pursuant to Section 7-1-6.12 NMSA 1978.| | 0009| ~[I.]~ |J|. Except for the purpose of refunding | 0010| previous revenue bond issues, no municipality may sell revenue | 0011| bonds payable from pledged revenues after the expiration of | 0012| two years from the date of the ordinance authorizing the | 0013| issuance of the bonds or, for bonds to be issued and sold to | 0014| the New Mexico finance authority as authorized in Subsection C | 0015| of Section 3-31-4 NMSA 1978, after the expiration of two years | 0016| from the date of the resolution authorizing the issuance of | 0017| the bonds. However, any period of time during which a | 0018| particular revenue bond issue is in litigation shall not be | 0019| counted in determining the expiration date of that issue." | 0020| Section 4. Section 4-62-1 NMSA 1978 (being Laws 1992, | 0021| Chapter 95, Section 1, as amended) is amended to read: | 0022| "4-62-1. REVENUE BONDS--AUTHORITY TO ISSUE--PLEDGE OF | 0023| REVENUES--LIMITATION ON TIME OF ISSUANCE.-- | 0024| A. In addition to any other law authorizing a | 0025| county to issue revenue bonds, a county may issue revenue | - 18 - 0001| bonds pursuant to Chapter 4, Article 62 NMSA 1978 for the | 0002| purposes specified in this section. The term "pledged | 0003| revenues", as used in Chapter 4, Article 62 NMSA 1978, means | 0004| the revenues, net income or net revenues authorized to be | 0005| pledged to the payment of particular revenue bonds as | 0006| specifically provided in Subsections B through ~[J]~ |K| of | 0007| this section. | 0008| B. Gross receipts tax revenue bonds may be issued | 0009| for ~[any]~ one or more of the following purposes: | 0010| (1) constructing, purchasing, furnishing, | 0011| equipping, rehabilitating, making additions to or making | 0012| improvements to one or more public buildings or purchasing or | 0013| improving ~[any]~ ground relating thereto, including but not | 0014| necessarily limited to acquiring and improving parking lots, | 0015| or any combination of the foregoing; | 0016| (2) acquiring or improving county or public | 0017| parking lots, structures or facilities or any combination of | 0018| the foregoing; | 0019| (3) purchasing, acquiring or rehabilitating | 0020| firefighting equipment or any combination of the foregoing; | 0021| (4) acquiring, extending, enlarging, | 0022| bettering, repairing, otherwise improving or maintaining storm | 0023| sewers and other drainage improvements, sanitary sewers, | 0024| sewage treatment plants or water utilities, including but not | 0025| limited to the acquisition of rights of way and water and | - 19 - 0001| water rights or any combination of the foregoing; | 0002| (5) reconstructing, resurfacing, maintaining, | 0003| repairing or otherwise improving existing alleys, streets, | 0004| roads or bridges or any combination of the foregoing or laying | 0005| off, opening, constructing or otherwise acquiring new alleys, | 0006| streets, roads or bridges or any combination of the foregoing; | 0007| provided that any of the foregoing improvements may include | 0008| the acquisition of rights of way; | 0009| (6) purchasing, acquiring, constructing, | 0010| making additions to, enlarging, bettering, extending or | 0011| equipping airport facilities or any combination of the | 0012| foregoing, including without limitation the acquisition of | 0013| land, easements or rights of way; | 0014| (7) purchasing or otherwise acquiring or | 0015| clearing land or purchasing, otherwise acquiring and | 0016| beautifying land for open space; | 0017| (8) acquiring, constructing, purchasing, | 0018| equipping, furnishing, making additions to, renovating, | 0019| rehabilitating, beautifying or otherwise improving public | 0020| parks, public recreational buildings or other public | 0021| recreational facilities or any combination of the foregoing; | 0022| or | 0023| (9) acquiring, constructing, extending, | 0024| enlarging, bettering, repairing or otherwise improving or | 0025| maintaining solid waste disposal equipment, equipment for | - 20 - 0001| operation and maintenance of sanitary landfills, sanitary | 0002| landfills, solid waste facilities or any combination of the | 0003| foregoing. | 0004| A county may pledge irrevocably any or all of the revenue | 0005| from the first one-eighth of one percent increment of the | 0006| county gross receipts tax for payment of principal and | 0007| interest due in connection with, and other expenses related | 0008| to, gross receipts tax revenue bonds for any of the purposes | 0009| authorized in this section or specific purposes or for any | 0010| area of county government services. If the county gross | 0011| receipts tax revenue from the first one-eighth of one percent | 0012| increment of the county gross receipts tax is pledged for | 0013| payment of principal and interest as authorized by this | 0014| subsection, the pledge shall require the revenues received | 0015| from that increment of the county gross receipts tax to be | 0016| deposited into a special bond fund for payment of the | 0017| principal, interest and expenses. At the end of each fiscal | 0018| year, ~[any]~ money remaining in the special bond fund after | 0019| the annual obligations for the bonds are fully met may be | 0020| transferred to any other fund of the county. | 0021| C. Fire protection revenue bonds may be issued for | 0022| acquiring, extending, enlarging, bettering, repairing, | 0023| improving, constructing, purchasing, furnishing, equipping or | 0024| rehabilitating any independent fire district project or | 0025| facilities, including, where applicable, purchasing, otherwise | - 21 - 0001| acquiring or improving the ground for the project or any | 0002| combination of such purposes. A county may pledge irrevocably | 0003| any or all of the county fire protection excise tax revenue | 0004| for payment of principal and interest due in connection with, | 0005| and other expenses related to, fire protection revenue bonds. | 0006| These bonds may be referred to in Chapter 4, Article 62 NMSA | 0007| 1978 as "fire protection revenue bonds". | 0008| D. Environmental revenue bonds may be issued for | 0009| the acquisition and construction of solid waste facilities, | 0010| water facilities, wastewater facilities, sewer systems and | 0011| related facilities. A county may pledge irrevocably any or | 0012| all of the county environmental services gross receipts tax | 0013| revenue for payment of principal and interest due in | 0014| connection with, and other expenses related to, environmental | 0015| revenue bonds. These bonds may be referred to in Chapter 4, | 0016| Article 62 NMSA 1978 as "environmental revenue bonds". | 0017| E. Gasoline tax revenue bonds may be issued for | 0018| the acquisition of rights of way for and the construction, | 0019| reconstruction, resurfacing, maintenance, repair or other | 0020| improvement of county roads and bridges. A county may pledge | 0021| irrevocably any or all of the county gasoline tax revenue for | 0022| payment of principal and interest due in connection with, and | 0023| other expenses related to, county gasoline tax revenue bonds. | 0024| These bonds may be referred to in Chapter 4, Article 62 NMSA | 0025| 1978 as "gasoline tax revenue bonds". | - 22 - 0001| F. Utility revenue bonds or joint utility revenue | 0002| bonds may be issued for acquiring, extending, enlarging, | 0003| bettering, repairing or otherwise improving water facilities, | 0004| sewer facilities, gas facilities or electric facilities or for | 0005| any combination of the foregoing purposes. A county may | 0006| pledge irrevocably any or all of the net revenues from the | 0007| operation of the utility or joint utility for which the | 0008| particular utility or joint utility bonds are issued to the | 0009| payment of principal and interest due in connection with, and | 0010| other expenses related to, utility or joint utility revenue | 0011| bonds. These bonds may be referred to in Chapter 4, Article | 0012| 62 NMSA 1978 as "utility revenue bonds" or "joint utility | 0013| revenue bonds". | 0014| G. Project revenue bonds may be issued for | 0015| acquiring, extending, enlarging, bettering, repairing, | 0016| improving, constructing, purchasing, furnishing, equipping or | 0017| rehabilitating any revenue-producing project, including, as | 0018| applicable, purchasing, otherwise acquiring or improving the | 0019| ground therefor and including but not limited to acquiring and | 0020| improving parking lots, or may be issued for any combination | 0021| of the foregoing purposes. The county may pledge irrevocably | 0022| any or all of the net revenues from the operation of the | 0023| revenue-producing project for which the particular project | 0024| revenue bonds are issued to the payment of the interest on and | 0025| principal of the project revenue bonds. The net revenues of | - 23 - 0001| any revenue-producing project may not be pledged to the | 0002| project revenue bonds issued for any other revenue-producing | 0003| project that is clearly unrelated in nature; but nothing in | 0004| this subsection prevents the pledge to any of the project | 0005| revenue bonds of ~[any]~ |the| revenues received from ~[any]~ | 0006| existing, future or disconnected facilities and equipment that | 0007| are related to and that may constitute a part of the | 0008| particular revenue-producing project. A general determination | 0009| by the governing body that facilities or equipment are | 0010| reasonably related to and constitute a part of a specified | 0011| revenue-producing project shall be conclusive if set forth in | 0012| the proceedings authorizing the project revenue bonds. As | 0013| used in Chapter 4, Article 62 NMSA 1978: | 0014| (1) "project revenue bonds" means the bonds | 0015| authorized in this subsection; and | 0016| (2) "project revenues" means the net revenues | 0017| of revenue-producing projects that may be pledged to project | 0018| revenue bonds pursuant to this subsection. | 0019| H. Fire district revenue bonds may be issued for | 0020| acquiring, extending, enlarging, bettering, repairing, | 0021| improving, constructing, purchasing, furnishing, equipping and | 0022| rehabilitating any fire district project, including, where | 0023| applicable, purchasing, otherwise acquiring or improving the | 0024| ground therefor, or for any combination of the foregoing | 0025| purposes. The county may pledge irrevocably any or all of the | - 24 - 0001| revenues received by the fire district from the fire | 0002| protection fund as provided in Sections 59A-53-1 through | 0003| 59A-53-17 NMSA 1978 and any or all of the revenues provided | 0004| for the operation of the fire district project for which the | 0005| particular bonds are issued to the payment of the interest on | 0006| and principal of ~[such]~ |the| bonds. The revenues of a fire | 0007| district project shall not be pledged to the bonds issued for | 0008| a fire district project that clearly is unrelated in its | 0009| purpose; but nothing in this section shall prevent the pledge | 0010| to ~[any of]~ such bonds of ~[any such]~ revenues received | 0011| from ~[any]~ existing, future or ~[of]~ disconnected | 0012| facilities and equipment that are related to and that may | 0013| constitute a part of the particular fire district project. A | 0014| general determination by the governing body of the county that | 0015| facilities or equipment are reasonably related to and | 0016| constitute a part of a specified fire district project shall | 0017| be conclusive if set forth in the proceedings authorizing | 0018| the fire district bonds. | 0019| I. Law enforcement protection revenue bonds may be | 0020| issued for the repair and purchase of law enforcement | 0021| apparatus and equipment that meet nationally recognized | 0022| standards. The county may pledge irrevocably any or all of | 0023| the revenues received by the county from the law enforcement | 0024| protection fund distributions pursuant to Sections 29-13-1 | 0025| through 29-13-9 NMSA 1978 to the payment of the interest on | - 25 - 0001| and principal of the law enforcement protection revenue bonds. | 0002| J. Hospital emergency gross receipts tax revenue | 0003| bonds may be issued for acquisition, equipping, remodeling or | 0004| improvement of a county hospital facility. A county may | 0005| pledge irrevocably, to the payment of the interest on and | 0006| principal of the hospital emergency gross receipts tax revenue | 0007| bonds, any or all of the revenues received by the county from | 0008| a county hospital emergency gross receipts tax imposed | 0009| pursuant to Section 7-20E-12.1 NMSA 1978 and dedicated to | 0010| payment of bonds or a loan for acquisition, equipping, | 0011| remodeling or improvement of a county hospital facility. | 0012| |K. Economic development gross receipts tax | 0013| revenue bonds may be issued for the purpose of furthering | 0014| economic development projects as defined in the Local Economic | 0015| Development Act. A county may pledge irrevocably any or all | 0016| of the county economic development gross receipts tax to the | 0017| payment of the interest on and principal of the economic | 0018| development gross receipts tax revenue bonds for any of the | 0019| purposes authorized in this subsection.| | 0020| ~[K.]~ |L|. Except for the purpose of refunding | 0021| previous revenue bond issues, no county may sell revenue bonds | 0022| payable from pledged revenue after the expiration of two years | 0023| from the date of the ordinance authorizing the issuance of the | 0024| bonds or, for bonds to be issued and sold to the New Mexico | 0025| finance authority as authorized in Subsection C of Section | - 26 - 0001| 4-62-4 NMSA 1978, after the expiration of two years from the | 0002| date of the resolution authorizing the issuance of the bonds. | 0003| However, any period of time during which a particular revenue | 0004| bond issue is in litigation shall not be counted in | 0005| determining the expiration date of that issue. | 0006| ~[L.]~ |M|. No bonds may be issued by a county, | 0007| other than an H class county, a class B county as defined in | 0008| Section 4-36-8 NMSA 1978 or a class A county as described in | 0009| Section 4-36-10 NMSA 1978, to acquire, equip, extend, enlarge, | 0010| better, repair or construct ~[any]~ |a| utility unless the | 0011| utility is regulated by the New Mexico public utility | 0012| commission pursuant to the Public Utility Act and the issuance | 0013| of the bonds is approved by the commission. For purposes of | 0014| Chapter 4, Article 62 NMSA 1978, a "utility" includes but is | 0015| not limited to ~[any]~ |a| water, wastewater, sewer, gas or | 0016| electric utility or joint utility serving the public. H class | 0017| counties shall obtain New Mexico public utility commission | 0018| approvals required by Section 3-23-3 NMSA 1978. | 0019| ~[M.]~ |N|. Any law that imposes or authorizes the | 0020| imposition of a county gross receipts tax, a county | 0021| environmental services gross receipts tax, ||a county fire | 0022| protection excise tax, |a county economic development gross | 0023| receipts tax,| the gasoline tax or the county hospital | 0024| emergency gross receipts tax, or that affects any of those | 0025| taxes, shall not be repealed or amended in such a manner as to | - 27 - 0001| impair ~[any]~ outstanding revenue bonds that are issued | 0002| pursuant to Chapter 4, Article 62 NMSA 1978 and that may be | 0003| secured by a pledge of those taxes unless the outstanding | 0004| revenue bonds have been discharged in full or provision has | 0005| been fully made therefor. | 0006| ~[N.]~ |O|. As used in this section: | 0007| |(1) "county economic development gross | 0008| receipts tax revenue" means the revenue from the county | 0009| economic development gross receipts tax transferred to the | 0010| county pursuant to Section 7-1-6.13 NMSA 1978;| | 0011| ~[(1)]~ |(2)| "county environmental services | 0012| gross receipts tax revenue" means the revenue from the county | 0013| environmental services gross receipts tax transferred to the | 0014| county pursuant to Section 7-1-6.13 NMSA 1978; | 0015| ~[(2)]~ |(3)| "county fire protection excise | 0016| tax revenue" means the revenue from the county fire protection | 0017| excise tax transferred to the county pursuant to Section | 0018| 7-1-6.13 NMSA 1978; | 0019| ~[(3)]~ |(4)| "county gross receipts tax | 0020| revenue" means the revenue attributable to the first one- | 0021| eighth of one percent increment of the county gross receipts | 0022| tax transferred to the county pursuant to Section 7-1-6.13 | 0023| NMSA 1978 and any distribution related to the first one-eighth | 0024| of one percent made pursuant to Section 7-1-6.16 NMSA 1978; | 0025| ~[(4)]~ |(5)| "gasoline tax revenue" means | - 28 - 0001| the revenue from that portion of the gasoline tax distributed | 0002| to the county pursuant to Sections 7-1-6.9 and 7-1-6.26 NMSA | 0003| 1978; and | 0004| ~[(5)]~ |(6)| "public building" includes but | 0005| is not limited to fire stations, police buildings, jails, | 0006| libraries, museums, auditoriums, convention halls, hospitals, | 0007| buildings for administrative offices, courthouses and garages | 0008| for housing, repairing and maintaining county vehicles and | 0009| equipment. | 0010| ~[O.]~ |P|. As used in Chapter 4, Article 62 NMSA | 0011| 1978, the term "bond" means any obligation of a county issued | 0012| under Chapter 4, Article 62 NMSA 1978, whether designated as a | 0013| bond, note, loan, warrant, debenture, lease-purchase agreement | 0014| or other instrument evidencing an obligation of a county to | 0015| make payments." | 0016| Section 5. Section 5-10-3 NMSA 1978 (being Laws 1993, | 0017| Chapter 297, Section 3) is amended to read: | 0018| "5-10-3. DEFINITIONS.--As used in the Local Economic | 0019| Development Act: | 0020| A. "department" means the economic development | 0021| department; | 0022| B. "economic development project" or "project" | 0023| means the provision of direct or indirect assistance to a | 0024| qualifying business by a local or regional government and | 0025| includes the purchase, lease, grant, construction, | - 29 - 0001| reconstruction, improvement or other acquisition or conveyance | 0002| of land, buildings or other infrastructure; public works | 0003| improvements essential to the location or expansion of a | 0004| qualifying business; ~[and]~ payments for professional | 0005| services contracts necessary for local or regional governments | 0006| to implement a plan or project; |the provision of direct loans | 0007| or grants for land, buildings or infrastructure; loan | 0008| guarantees securing the cost of land, buildings or | 0009| infrastructure; grants for public works infrastructure | 0010| improvements essential to the location or expansion of a | 0011| qualifying business; purchase of land for a publicly held | 0012| industrial park; the construction of a building for use by a | 0013| qualifying business; purchase of real estate and options for | 0014| such purchases and renewals of options; and payment of a | 0015| portion of debt financing for land, buildings and | 0016| infrastructure;| | 0017| C. "governing body" means the city council or city | 0018| commission of a city, the board of trustees of a town or | 0019| village or the board of county commissioners of a county; | 0020| D. "local government" means a municipality or | 0021| county; | 0022| E. "municipality" means any incorporated city, | 0023| town or village; | 0024| F. "person" means an individual, corporation, | 0025| association, partnership or other legal entity; | - 30 - 0001| G. "qualifying entity" means a corporation, | 0002| limited liability company, partnership, joint venture, | 0003| syndicate, association or other person that is: | 0004| |(1)| one or a combination of two or more of | 0005| the following: | 0006| ~[(1)]~ |(a)| an industry for the | 0007| manufacturing, processing or assembling of ~[any]~ | 0008| agricultural or manufactured products; | 0009| ~[(2)]~ |(b)| a commercial enterprise | 0010| for storing, warehousing, distributing or selling products of | 0011| agriculture, mining or industry, but, other than as provided | 0012| in ~[Paragraph (5)]~ |Subparagraph (e)| of this ~[subsection]~ | 0013| |paragraph|, not including any enterprise for sale of goods or | 0014| commodities at retail or for distribution to the public of | 0015| electricity, gas, water or telephone or other services | 0016| commonly classified as public utilities; | 0017| ~[(3)]~ |(c)| a business in which all | 0018| or part of the activities of the business involves the | 0019| supplying of services to the general public or to governmental | 0020| agencies or to a specific industry or customer, but, other | 0021| than as provided in ~[Paragraph (5)]~ |Subparagraph (e)| of | 0022| this ~[subsection]~ |paragraph|, not including businesses | 0023| primarily engaged in the sale of goods or commodities at | 0024| retail; | 0025| ~[(4)]~ |(d)| an Indian tribe or pueblo | - 31 - 0001| or a federally chartered tribal corporation; or | 0002| ~[(5)]~ |(e)| a telecommunications | 0003| sales enterprise that makes the majority of its sales to | 0004| persons outside New Mexico; ~[and]~ |or| | 0005| |(2) located in a municipality or county with | 0006| a population of less than five thousand according to the most | 0007| recent federal decennial census and that is either an entity | 0008| that meets the criteria of Paragraph (1) of this subsection or | 0009| is primarily engaged in the sale of goods or commodities at | 0010| retail; and| | 0011| H. "regional government" means any combination of | 0012| municipalities and counties that enter into a joint powers | 0013| agreement to provide for economic development projects | 0014| pursuant to a plan adopted by all parties to the joint powers | 0015| agreement." | 0016| Section 6. Section 5-10-4 NMSA 1978 (being Laws 1993, | 0017| Chapter 297, Section 4) is amended to read: | 0018| "5-10-4. ECONOMIC DEVELOPMENT PROJECTS--RESTRICTIONS ON | 0019| PUBLIC EXPENDITURES OR PLEDGES OF CREDIT.-- | 0020| A. No local or regional government shall provide | 0021| public support for economic development projects as permitted | 0022| pursuant to Article 9, Section 14 of the constitution of | 0023| New Mexico except as provided in the Local Economic | 0024| Development Act or as otherwise permitted by law. | 0025| B. The total amount of public money expended and | - 32 - 0001| the value of credit pledged in the fiscal year in which that | 0002| money is expended by a local government for economic | 0003| development projects pursuant to Article 9, Section 14 of the | 0004| constitution of New Mexico and the Local Economic Development | 0005| Act shall not exceed five percent of the annual general fund | 0006| expenditures of the local government in that fiscal year. | 0007| |The limits of this subsection shall not apply to:| | 0008| |(1)| the value of any land or building | 0009| contributed to any project pursuant to a project participation | 0010| agreement ~[shall not be subject to the limits of this | 0011| subsection]~; | 0012| |(2) revenue generated through the imposition | 0013| of a municipal economic development gross receipts tax | 0014| pursuant to the Municipal Local Option Gross Receipts Taxes | 0015| Act;| | 0016| |(3) revenue generated through the imposition | 0017| of a county economic development gross receipts tax pursuant | 0018| to the County Local Option Gross Receipts Taxes Act;| | 0019| |(4) the proceeds of a revenue bond issue to | 0020| which municipal economic development gross receipts tax | 0021| revenue is pledged; | 0022| (5) the proceeds of a revenue bond issue to | 0023| which county economic development gross receipts tax revenue | 0024| is pledged; or | 0025| (6) funds donated by private entities to be | - 33 - 0001| used for defraying the cost of a project. | 0002| C. A regional or local government that generates | 0003| revenue for economic development projects to which the limits | 0004| of Subsection B of this section do not apply shall create an | 0005| economic development fund into which such revenues shall be | 0006| deposited. The economic development fund and income from the | 0007| economic development fund shall be deposited as provided by | 0008| law. Money in the economic development fund may be expended | 0009| only as provided in the Local Economic Development Act.|" | 0010| Section 7. Section 5-10-6 NMSA 1978 (being Laws 1993, | 0011| Chapter 297, Section 6) is amended to read: | 0012| "5-10-6. ECONOMIC DEVELOPMENT PLAN--CONTENTS-- | 0013| PUBLICATION.-- | 0014| A. Every local or regional government seeking to | 0015| pursue economic development projects shall adopt an economic | 0016| development plan or a comprehensive plan that includes an | 0017| economic development component. The plan may be specific to a | 0018| single economic development goal or strategy or may include | 0019| several goals or strategies. Any plan or plan amendment shall | 0020| be adopted by ordinance of the governing body of the local | 0021| government or each local government of a regional government | 0022| proposing the plan or plan amendment. | 0023| B. The economic development plan or the ordinance | 0024| adopting the plan may: | 0025| (1) describe the local or regional | - 34 - 0001| government's economic development and community goals and | 0002| assign priority to and strategies for achieving those goals; | 0003| (2) describe the types of qualifying entities | 0004| and economic activities that will qualify for economic | 0005| development projects; | 0006| (3) describe the criteria to be used to | 0007| determine eligibility of an economic development project and a | 0008| qualifying entity to participate in an economic development | 0009| project; | 0010| (4) describe the manner in which a qualifying | 0011| entity may submit an economic development project application, | 0012| including the type of information required from the qualifying | 0013| entity sufficient to ensure its solvency and ability to | 0014| perform its contractual obligations, its commitment to remain | 0015| in the community and its commitment to the stated economic | 0016| development goals of the local or regional government; | 0017| (5) describe the process the local or | 0018| regional government will use to verify the information | 0019| submitted on an economic development project application; | 0020| (6) if an economic development project is | 0021| determined to be unsuccessful or if a qualifying entity seeks | 0022| to leave the area, describe the methods the local or regional | 0023| government will use to terminate its economic assistance and | 0024| recoup its investment; | 0025| (7) identify revenue sources, ~[other than]~ | - 35 - 0001| |including| those of the local or regional government, ~[which | 0002| must]~ |that will| be used to support economic development | 0003| projects; | 0004| (8) identify other resources the local or | 0005| regional government is prepared to offer qualifying | 0006| ~[businesses]~ |entities|, including specific land or | 0007| buildings it is willing to lease, sell or grant a qualifying | 0008| ~[business]~ |entity|; community infrastructure it is willing | 0009| to build, extend or expand, including roads, water, sewers or | 0010| other utilities; and professional services contracts by local | 0011| or regional governments necessary to provide these resources; | 0012| (9) detail the minimum benefit the local or | 0013| regional government requires from a qualifying entity, | 0014| including the number and types of jobs to be created; the | 0015| proposed payroll; repayment of loans, if any; purchase by the | 0016| qualifying ~[basic business]~ |entity| of local or regional | 0017| government-provided land, buildings or infrastructure; the | 0018| public to private investment ratio; and direct local tax base | 0019| expansion; | 0020| (10) describe the safeguards of public | 0021| resources that will be ensured, including specific ways the | 0022| local or regional government can recover any costs, land, | 0023| buildings or other thing of value if a qualifying entity | 0024| ceases operation, relocates or otherwise defaults or reneges | 0025| on its contractual or implied obligations to the local or | - 36 - 0001| regional government; and | 0002| (11) if a regional government, describe the | 0003| joint powers agreement, including whether it can be terminated | 0004| and, if so, how the contractual or other obligations, risks | 0005| and any property will be assigned or divided among the local | 0006| governments who are party to the agreement. | 0007| C. The economic development plan shall be printed | 0008| and made available to the residents within the local or | 0009| regional government area." | 0010|  |