N.M. Stat. § 22-19A-11
Refunding bonds; issuance; sale; proceeds.
A. A bond shall not be refunded unless it matures or is callable for prior redemption
under its terms within fifteen years from the date of issuance of the refunding bond or
unless the holder of the bond voluntarily surrenders it for exchange or payment.
B. Outstanding bonds of more than one issue may be refunded by refunding bonds
of one or more issue. Bonds and refunding bonds may be issued separately or in
combinations of one or more series.
C. When a refunding bond is sold, the net proceeds may, in the discretion of the
local school board, be invested in obligations of the federal government or an agency of
the federal government or in obligations fully guaranteed by the federal government, but
the obligations purchased shall have a maturity and bear a rate of interest payable at
times to ensure the existence of sufficient money to pay the bond to be refunded when it
becomes due or redeemable pursuant to a call for redemption, together with interest
and redemption premiums, if any.
D. All obligations purchased with the net proceeds from refunding bonds shall be
deposited in trust with a bank that has trust powers and that is a member of the federal
deposit insurance corporation. The obligations shall be held, liquidated and the
proceeds of the liquidation paid out for payment of the principal, interest and redemption
premium of the bonds to be refunded as the bonds to be refunded become due or
where the bonds are subject to redemption under a call for redemption previously made
or where there is a voluntary surrender with the approval of the local school board.
E. The determination of the local school board issuing refunding bonds that the
issuance has been in compliance with the Teacher Housing Revenue Bond Act is
conclusively presumed correct in the absence of fraud or arbitrary and gross abuse of
discretion.
F. As used in this section, "net proceeds" means the gross proceeds of the
refunding bonds after deducting all accrued interest and expenses incurred in
connection with the authorization and issuance of the refunding bonds and the
refunding of outstanding bonds, including fiscal agent fees, commissions and all
discounts incurred in the resale of the refunding bonds to the original purchaser.