2006 New Mexico Statutes - Section 58-23-5 — Council; created; members; qualifications; board.

58-23-5. Council; created; members; qualifications; board.

A.     There is created a public body politic and corporate, separate and apart from the state, constituting a governmental instrumentality to be known as the "New Mexico hospital equipment loan council" for the performance of essential public functions.  

B.     The council shall be governed by a board of directors consisting of five members.  The governor, with the advice and consent of the senate, shall appoint the members of the board.  

C.     Each member of the board shall be a resident of the state, and in addition: 

(1)     two members shall be officers or directors of financial institutions located in New Mexico; 

(2)     two members shall be officers or directors of a health facility located in New Mexico.  Such members shall have been employed for a total of five years as officers or directors of any health facility;  

(3)     one member shall be appointed from and represent the public and shall not be directly or indirectly affiliated with any health facility; and 

(4)     no more than three members shall be of the same political party.  

D.     The council shall be separate and apart from the state and shall not be subject to the supervision or control of any board, bureau, department or agency of the state except as specifically provided in the Hospital Equipment Loan Act [ 58-23-1 NMSA 1978].  In order to effectuate the separation of the state from the council, no use of the terms "state agency" or "instrumentality" in any other law of the state shall be deemed to refer to the council unless the council is specifically referred to therein, except that the council is a state agency and instrumentality for the purposes of Article 8, Section 3 of the constitution of New Mexico.