HB 203

                                1  HOUSE BILL 203
                                2      57TH LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 2026
                                3  INTRODUCED BY
                                4  Rebecca Dow and Gail Armstrong
                                5
                                6
                                7
                                8
                                9
                                10  AN ACT
                                11   RELATING TO SPACEPORT DEVELOPMENT; CHANGING THE APPOINTING
                                12   AUTHORITY OF MEMBERS OF THE SPACEPORT AUTHORITY; PROVIDING
                                13   QUALIFICATIONS FOR SPACEPORT AUTHORITY MEMBERS.
                                14
                                15   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
                                16        SECTION 1.    Section 58-31-4 NMSA 1978 (being Laws 2005,
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                                17   Chapter 128, Section 4) is amended to read:
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                                18        "58-31-4.    SPACEPORT AUTHORITY CREATED--MEMBERSHIP.--
                                19  A.   The "spaceport authority" is created.   The
                                20   authority is a state agency and is administratively attached to
                                21   the economic development department.
                                22  B.   The authority shall consist of seven voting and
                                23   two nonvoting members.    [six of whom] With the consent of the
                                24   senate, two shall be appointed by the governor [with the
                                25   consent of the senate] and one each shall be appointed by the
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                                1    president pro tempore of the senate, the speaker of the house
                                2    of representatives, the minority floor leader of the senate and
                                3    the minority floor leader of the house of representatives;
                                4    provided that one of the appointed members shall be a resident
                                5    of Sierra county.     No more than three appointed members shall
                                6    belong to the same political party.      The seventh member shall
                                7    be the secretary of economic development or the secretary's
                                8    designee.     The lieutenant governor shall serve as a nonvoting
                                9    ex-officio member.      The executive director of the authority
                                10   shall serve as a nonvoting member.       The chair may appoint a
                                11   nonvoting advisory committee to provide advice and
                                12   recommendations on authority matters.
                                13  C.    The members appointed by the governor shall be
                                14   residents of the state and shall serve for terms of four years,
                                15   except for the initial appointees who shall be appointed so
                                16   that the terms are staggered after initial appointment.
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                                17   Initial appointees shall serve terms as follows:      two members
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                                18   for two years, two members for three years and two members for
                                19   four years.      A member shall have experience in at least one of
                                20   the following:     the aerospace or aviation industry; bond
                                21   financing, public finance or capital project funding; or
                                22   practicing law or academic experience in aerospace, aviation,
                                23   public infrastructure, regulatory compliance, public-private
                                24   partnerships or a relevant science.
                                25  D.    Appointed voting members of the authority shall
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                                1    be reimbursed for per diem and mileage in accordance with the
                                2    provisions of the Per Diem and Mileage Act that apply to
                                3    nonsalaried public officers, unless a different provision of
                                4    that act applies to a specific member, in which case that
                                5    member shall be paid under the applicable provision.     Members
                                6    and advisors shall receive no other compensation, perquisite or
                                7    allowance for serving as a member of or advisor to the
                                8    authority.
                                9  E.   The secretary of economic development or the
                                10   secretary's designee shall serve as the chair of the authority.
                                11   Authority members shall elect any other officers from the
                                12   membership that the authority determines appropriate.
                                13  F.   The chair, four other authority voting members
                                14   appointed by the chair and the executive director of the
                                15   authority shall constitute the spaceport authority executive
                                16   committee.    The committee shall have powers and duties as
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                                17   delegated to it by the authority.
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                                18  G.   If a vacancy occurs among the appointed voting
                                19   members of the authority, the [governor shall appoint a
                                20   replacement] vacancy shall be filled in the same manner as the
                                21   original appointment to serve out the term of the former
                                22   member.   If an appointed member's term expires, the member
                                23   shall continue to serve until the member is reappointed or
                                24   another person is appointed and confirmed by the senate to
                                25   replace the member.
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                                1  H.   The authority shall meet at the call of the
                                2    chair and shall meet in regular session at least once every
                                3    three months.
                                4  I.   The authority shall maintain written minutes of
                                5    all meetings of the authority and maintain other appropriate
                                6    records, including financial transaction records in compliance
                                7    with law and adequate to provide an accurate record for audit
                                8    purposes pursuant to the Audit Act."
                                9  SECTION 2.    TEMPORARY PROVISION.--Members serving on the
                                10   spaceport authority immediately prior to the effective date of
                                11   this act shall continue to serve until the members' existing
                                12   terms expire.    Upon the expiration of each such term, vacancies
                                13   shall be filled according to the following schedule:
                                14  A.   the two seats with four-year initial terms shall
                                15   thereafter be appointed one each by the speaker of the house of
                                16   representatives and minority floor leader of the house of
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                                17   representatives;
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                                18  B.   the two seats with three-year initial terms
                                19   shall thereafter be appointed one each by the president pro
                                20   tempore of the senate and the governor; and
                                21  C.   the two seats with two-year initial terms shall
                                22   thereafter be appointed one each by the minority floor leader
                                23   of the senate and the governor.
                                24        SECTION 3.    EFFECTIVE DATE.--The effective date of the
                                25   provisions of this act is July 1, 2026.
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