No more than twenty percent of the book value of the severance tax permanent fund may be invested in the following investments and in the following amounts:

A. no more than ten percent of the book value of the severance tax permanent fund may be invested in notes or obligations securing loans to New Mexico businesses made by farm credit entities, banks and savings and loan associations and mortgages approved by the department of housing and urban development pursuant to the act of congress of July 30, 1953 known as the Small Business Act of 1953, as amended, and notes or obligations pursuant to the act of congress of August 14, 1946 known as the Farmers' Home Administration Act of 1946, as amended, only to the extent that both principal and interest are guaranteed by the United States government. The effective yield of these loans shall be a market rate not less than the yield available on the planned amortized class tranche of collateralized mortgage obligations guaranteed by the federal national mortgage association or the federal home loan mortgage corporation with an average life comparable to the maturity of the loan. The state investment officer may enter into conventional agreements for the servicing of the loans and the administration of the receipts therefrom. Any servicing agreement may contain reasonable and customary provisions, including servicing fees not to exceed one hundred fifty basis points, as may be agreed upon; provided, in no event shall the rate paid by the borrower on the loan, together with servicing fees, exceed the maximum rate permitted by the applicable federal guarantee program; and

B. no more than ten percent of the book value of the fund may be invested in bonds, notes, debentures or other evidence of indebtedness, excluding commercial paper rated not less than Baa or BBB or the equivalent by a national rating service of any corporation organized and operating within the United States, excluding regulated public utility corporations, which as a condition of receiving the proceeds of such evidence of indebtedness will use such proceeds to establish or expand business outlets or ventures in New Mexico, provided that:

(1) the investment in the bonds, notes or debentures or other evidence of indebtedness of any one corporation shall not exceed one hundred percent of the cost of the expansion venture or new outlet or twenty million dollars ($20,000,000), whichever is less;

(2) the rate of interest to be paid on the bonds, notes or debentures or other evidence of indebtedness shall be established by the council, but shall not be less than the equivalent yield available on United States treasury issues of a comparable maturity plus one hundred basis points;

(3) the indebtedness shall be approved prior to purchase by the council; and

(4) the guidelines for initiation of the purchase by the council of the bonds, notes, debentures or other evidence of indebtedness and the terms thereof shall be established by the council.

History: 1978 Comp., § 7-27-5.4, enacted by Laws 1983, ch. 306, § 11; 1984, ch. 131, § 3; 1987, ch. 306, § 2; 1988, ch. 132, § 2; 1989, ch. 271, § 1; 1990, ch. 68, § 1; 1994, ch. 78, § 1; 1999, ch. 88, § 2.

Compiler's notes. — The Farmers Home Administration Act of 1946 was the popular name of the amendments of 7 U.S.C. § 1001 et seq. and 12 U.S.C. § 371 by P.L. 79-731. Most of the provisions of 7 U.S.C. § 1001 et seq. have been repealed. See 7 U.S.C. § 1921 et seq.

Cross references. — For creation of severance tax permanent fund, see 7-27-3 NMSA 1978.

For the Small Business Act of 1953, see 15 U.S.C. § 631 et seq.

The 1999 amendment, effective March 19, 1999, in Subsection B, deleted "or guaranteed by an irrevocable letter of credit to the state of New Mexico issued by a financial institution or corporation rated a or A or the equivalent" following "or the equivalent" in the introductory language, in Paragraph (2), inserted "established by the council, but shall not be less than the" and deleted "fifty to" following "maturity plus", and made minor stylistic changes.

The 1994 amendment, effective March 7, 1994, in Subsection A, substituted the language following "loans shall be" in the second sentence for "equivalent to the yield available on United States treasury issues of comparable maturity", inserted "including servicing fees not to exceed one hundred basis points" in the third sentence, and added the language following "agreed upon" at the end of the section.

The 1990 amendment, effective May 16, 1990, inserted "farm credit entities" in the first sentence of Subsection A.

The 1989 amendment, effective June 16, 1989, inserted "or guaranteed by an irrevocable letter of credit to the state of New Mexico issued by a financial institution or corporation rated a or A or the equivalent" in Subsection B.