A. No more than six percent of the market value of the severance tax permanent fund may be invested in New Mexico film private equity funds or a New Mexico film project under this section.

B. If an investment is made under this section, not more than fifteen million dollars ($15,000,000) of the amount authorized for investment pursuant to Subsection A of this section shall be invested in any one New Mexico film private equity fund or any one New Mexico film project.

C. The state investment officer shall make investments pursuant to this section only upon approval of the council after a review by the New Mexico film division of the economic development department. The state investment officer may make debt or equity investments pursuant to this section only in New Mexico film projects or New Mexico film private equity funds that invest only in film projects that:

(1) are filmed wholly or substantially in New Mexico;

(2) have shown to the satisfaction of the New Mexico film division that a distribution contract is in place with a reputable distribution company;

(3) have agreed that, while filming in New Mexico, a majority of the production crew will be New Mexico residents;

(4) have posted a completion bond that has been approved by the New Mexico film division; provided that a completion bond shall not be required if the fund or project is guaranteed pursuant to Paragraph (5) of this subsection; and

(5) have obtained a full, unconditional and irrevocable guarantee of repayment of the invested amount in favor of the severance tax permanent fund:

(a) from an entity that has a credit rating of not less than Baa or BBB by a national rating agency;

(b) from a substantial subsidiary of an entity that has a credit rating of not less than Baa or BBB by a national rating agency;

(c) by providing a full, unconditional and irrevocable letter of credit from a United States incorporated bank with a credit rating of not less than A by a national rating agency; or

(d) from a substantial and solvent entity as determined by the council in accordance with its standards and practices; or

(6) if not guaranteed pursuant to Paragraph (5) of this subsection, have obtained no less than one-third of the estimated total production costs from other sources as approved by the state investment officer.

D. The state investment officer may loan at a market rate of interest, with respect to an eligible New Mexico film project, up to eighty percent of an expected and estimated film production tax credit available to a film production company pursuant to the provisions of Section 7-2F-1 NMSA 1978; provided that the film production company agrees to name the state investment officer as its agent for the purpose of filing an application for the film production tax credit to which the company is entitled if the company does not apply for the film production tax credit. The New Mexico film division of the economic development department shall determine the estimated amount of a film production tax credit. The council shall establish guidelines for the state investment officer's initiation of a loan and the terms of the loan.

E. As used in this section:

(1) "film project" means a single media or multimedia program, including advertising messages, fixed on film, videotape, computer disc, laser disc or other similar delivery medium from which the program can be viewed or reproduced and that is intended to be exhibited in theaters; licensed for exhibition by individual television stations, groups of stations, networks, cable television stations or other means or licensed for the home viewing market; and

(2) "New Mexico film private equity fund" means any limited partnership, limited liability company or corporation organized and operating in the United States that

(a) has as its primary business activity the investment of funds in return for equity in film projects produced wholly or partly in New Mexico;

(b) holds out the prospects for capital appreciation from such investments; and

(c) accepts investments only from accredited investors as that term is defined in Section 2 of the federal Securities Act of 1933, as amended, and rules promulgated pursuant to that section.

History: 1978 Comp., § 7-27-5.26, enacted by Laws 2000 (2nd S.S.), ch. 6, § 2; 2001, ch. 252, § 12; 2002, ch. 60, § 1; 2003, ch. 56, § 1; 2005, ch. 101, § 2; 2005, ch. 106, § 1; 2007, ch. 340, § 1; 2015, ch. 95, § 10.

Cross references. — For Section 2 of the federal Securities Act of 1933, see 15 U.S.C. § 77b.

The 2015 amendment, effective June 19, 2015, eliminated the private equity investment advisory committee; in the introductory paragraph of Subsection C, after "upon approval of the", deleted "state investment", and after "a review by", deleted "the private equity investment advisory committee"; in Subsection C, Paragraph (5)(d), after "determined by the", deleted "state investment"; and in Subsection D, in the third sentence, after "The", deleted "state investment".

The 2007 amendment, effective June 15, 2007, increased the percentage of the severance tax permanent fund that may be invested in film private equity funds to six percent.

The 2005 amendment, effective June 17, 2005, increased in Subsections A and B the percentage of the severance tax permanent fund that may be invested in the New Mexico film private equity funds or a New Mexico film project from 2 percent to 5 percent and the maximum amount that may be invested from $7,500,000 to $15,000,000.

The 2003 amendment, effective June 20, 2003, substituted "two and on-half" for "one-half of one" near the beginning of Subsection A; added present Subsection D and redesignated former Subsection D as Subsection E.

The 2002 amendment, effective March 4, 2002, inserted "or a New Mexico film project" in Subsection A; inserted "or any one New Mexico film project" in Subsection B; in Subsection C, in the introductory matter, substituted "debt or equity investments" for "an investment" and inserted "New Mexico film projects or", deleted former Paragraph (2), which read: "have obtained no less than one-third of the estimated total production costs from other sources", and redesignated the remaining paragraphs accordingly, added the proviso in Paragraph (4), and added Paragraphs (5) and (6).

The 2001 amendment, effective June 15, 2001, substituted "private equity" for "venture capital" throughout the section.