A. The "economic development commission" is created. The commission shall be a planning commission administratively attached to the department.

B. The commission shall:

(1) provide advice to the department on policy matters;

(2) oversee the economic development grant program as provided in the Economic Development Grant Act [6-31-1 to 6-31-6 NMSA 1978];

(3) review and approve applications for matching grants and award grants pursuant to the Economic Development Grant Act; and

(4) be responsible for the annual approval and update of the state's five-year economic development plan.

C. The commission shall consist of nine members who shall be qualified electors of the state, no more than five of whom at the time of appointment are members of the same political party. Members shall be appointed by the governor and confirmed by the senate. Seven members shall be appointed from their respective planning districts, the eighth member shall be a Native American and represent the interests of the Indian tribes and pueblos and the ninth member shall represent the public at large.

D. Appointments shall be made for five-year terms expiring on January 1 of the appropriate year. Commission members shall serve staggered terms as determined by the governor at the time of their initial appointment. Annually, the governor shall designate a chair of the commission from among the members.

E. The commission shall meet at the call of the chair, not less than once each quarter, and shall invite representatives of appropriate legislative committees, other state agencies and interested persons to its meetings for the purpose of information exchange and coordination.

F. Commission members shall not vote by proxy. A majority of the members constitutes a quorum for the conduct of business.

G. Members of the commission shall not be removed except for incompetence, neglect of duty or malfeasance in office; provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given the member being removed. The senate shall be given exclusive original jurisdiction over proceedings to remove members of the commission under such rules as the senate may promulgate. The senate's decision in connection with such matters shall be final. A vacancy in the membership of the commission occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.

H. Commission members shall not be paid, but they are entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].

History: 1978 Comp., § 9-15-11, enacted by Laws 1988, ch. 81, § 5; 1991, ch. 21, § 18; 1993, ch. 101, § 4; 1997, ch. 172, § 1; 2014, ch. 58, § 7.

Repeals and reenactments. — Laws 1988, ch. 81, § 5 repealed former 9-15-11 NMSA 1978, as amended by Laws 1987, ch. 112, § 1, and enacted a new 9-15-11 NMSA 1978, effective May 18, 1988.

The 2014 amendment, effective March 10, 2014, required the commission to oversee the economic development grant program and approve applications for matching grants; in the catchline, after "membership", deleted "administratively attached to the department" and added "duties"; in Subsection B, Paragraph (1), after "policy matters", deleted "The commission shall"; in Subsection B, added Paragraph (2); in Subsection C, in the first sentence, after "same political party", deleted "and at least one of whom shall be a Native American"; and in Subsection H, after "not be paid, but", deleted "shall" and added "they are entitled to".

The 1997 amendment, effective June 20, 1997, in Subsection A, substituted "nine members" for "seven members" and "five of whom" for "four of whom" in the fourth sentence, deleted three sentences relating to the appointment of two members from each of the three congressional districts and the appointment and duties of the governor's science advisor, added the last sentence, and made stylistic changes; and substituted "five-year terms" for "seven-year terms" in the first sentence of Subsection B.

The 1993 amendment, effective June 18, 1993, in Subsection A, deleted "and tourism" following "economic development" in the first and fourth sentences, deleted "and the tourism department" following "department" in the second sentence, substituted "seven" for "nine" and "four" for "five" in the fifth sentence, deleted the former seventh sentence, which read "Two members shall be appointed from the state at large", substituted "seventh" for "ninth" in the eighth sentence, and added the last sentence; and, in Subsection E, in the third sentence, deleted "state" preceding "senate" and deleted "of New Mexico" following "senate."

The 1991 amendment, effective March 27, 1991, in Subsection A, inserted "economic development department and the tourism" in the second sentence, substituted "state's" for "department's" in the fourth sentence, "nine members" for "seven members" and "five of whom" for "four of whom" in the fifth sentence and "Two members" for "A seventh member" at the beginning of the eighth sentence and added the last two sentences; and, in Subsection E, substituted "commission" for "board" in the third sentence and for "committee" in the last sentence.