NMSA 1978, § 7-27-5.4 — New Mexico business investments

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.