reglab/housing_qa huggingface dataset:
NM Stat § 4-37-4 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-4 - Enforcement officers in counties; duties.

A. It is the duty of every county sheriff, deputy sheriff, constable and other county law enforcement officer to: (1) enforce the provisions of all county ordinances; (2) diligently file a complaint or information alleging a violation if circumstances would indicate that action to a reasonably prudent person; and (3) cooperate with the district attorney or other prosecutor in all reasonable ways. B. Any county law enforcement officer that fails to perform his duty in any material respect is subject to removal from office and payment of all costs of prosecution. History: 1953 Comp., § 15-36A-4, enacted by Laws 1975, ch. 312, § 4. ANNOTATIONSCross references. — For county sheriff, see Chapter 4, Article 41 NMSA 1978. For payment of expenses of sheriffs, deputy sheriffs and guards in performing certain official business, see 4-44-18 NMSA 1978. Liability under 41-4-12 NMSA 1978. — The statutory obligations that officers cooperate with prosecutors and bring defendants before the courts are primarily designed to protect the public by ensuring that dangerous criminals are removed from society and brought to justice; accordingly, as with the duty to investigate crimes under 29-1-1 NMSA 1978, the duties of cooperating with prosecutors, diligently filing complaints, and bringing defendants before the courts inure to the benefit of private individuals, and the violation of these statutory duties may give rise to a cognizable claim under the Tort Claims Act, Chapter 41, Article 4 NMSA 1978. Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.
NM Stat § 4-37-5 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-5 - County ordinances; style and form.

The style and form of county ordinances shall be determined by the board of county commissioners. History: 1953 Comp., § 15-36A-5, enacted by Laws 1975, ch. 312, § 5.
NM Stat § 4-37-6 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-6 - Voting on proposed county ordinances; majority vote required for passage or repeal.

A. A proposed county ordinance shall be passed only by a majority vote of all the members of the board of county commissioners, and an existing county ordinance shall be amended or repealed in the same manner. Upon a vote of passage, amendment or repeal of any county ordinance, the yeas and nays shall be called and recorded. B. Within thirty days of the adoption, amendment or repeal of an ordinance or resolution in an H class county, a petition may be presented to the board of county commissioners asking that the measure be submitted to a special election for its adoption or rejection. The petition must be signed by more than fifteen percent of the number of qualified electors who voted at the previous general election. Only qualified electors may sign the petition. Upon the filing of the petition with the board of county commissioners, the ordinance or resolution becomes ineffective and the board shall provide for an election on the measure within sixty days of the filing of the petition. The ballot shall contain the text of the ordinance or resolution in question. Below the text shall be the phrases: "for the measure" and "against the measure" followed by spaces for marking with a cross the phrase desired. The election may be held using voting machines in which case copies of the ordinance or resolution shall be made available at the polls. If a majority of the votes cast favor the measure, it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect. History: 1953 Comp., § 15-36A-6, enacted by Laws 1975, ch. 312, § 6. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Injunctive relief against submission of constitutional amendment, statute, municipal charter or municipal ordinance, on ground that proposed action would be unconstitutional, 19 A.L.R.2d 519.
NM Stat § 4-37-7 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-7 - Proposal of ordinances; publication.

A. Ordinances may be proposed by any member of the board of county commissioners. Ordinances shall not be submitted to the board for final passage until a majority of the members have directed that the title and a general summary of the subject matter of the proposed ordinances be published one time in a newspaper of general circulation within the county at least two weeks prior to the meeting of the board at which the ordinance is proposed for final passage. The date and time of the meeting at which the ordinance is to be considered shall also be published. B. Copies of proposed ordinances shall be made available to interested persons during normal and regular business hours of the county clerk upon request and payment of reasonable charge, beginning with the date of publication and continuing to the date of consideration by the county's elected commission. C. This section shall not apply to ordinances dealing with an emergency declared by the board of county commissioners to be an immediate danger to the public health, safety and welfare of the county or to ordinances the subject matter of which amends a city zoning map if the amendment has been considered by, and recommended to, the board of county commissioners by a planning commission with jurisdiction in the matter. D. It is a sufficient defense to any suit or prosecution to show that notice by publication was not made. History: 1953 Comp., § 15-36A-7, enacted by Laws 1975, ch. 312, § 7; 1981, ch. 218, § 2. ANNOTATIONSCross references. — For adoption of municipal ordinances, see 3-17-4 NMSA 1978. An omission of a publication of an ordinance would render the enactment of the ordinance void and it could not be enforced. 1964 Op. Att'y Gen. No. 64-117 (rendered under former law).
NM Stat § 4-37-8 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-8 - Printed county ordinances; seal; use as evidence.

County ordinances may be received in evidence without further proof when they are printed and when the ordinance purports to be printed by the county. Ordinances may also be proved by the seal of the board of county commissioners. History: 1953 Comp., § 15-36A-8, enacted by Laws 1975, ch. 312, § 8.
NM Stat § 4-37-9 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-9 - County ordinances; recording and publication; effective date.

A. All county ordinances, immediately after their passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the county clerk. B. No ordinance shall take effect until thirty days after the ordinance has been recorded in the book kept by the county for that purpose. C. Notwithstanding the provisions of Subsection B of this section, when a board of county commissioners declares that it is necessary for the public peace, health and safety that an ordinance take effect immediately after passage, the ordinance shall take effect when it is recorded in the book kept by the county for that purpose and authenticated by the signature of the county clerk. History: 1953 Comp., § 15-36A-9, enacted by Laws 1975, ch. 312, § 9; 1997, ch. 37, § 1. ANNOTATIONSThe 1997 amendment, effective July 1, 1997, added Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — Conclusiveness of declaration of emergency in ordinance, 35 A.L.R.2d 586.
NM Stat § 4-37-9.1 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-9.1 - Water conservation and drought management plans.

A county shall consider ordinances and codes to encourage water conservation and drought management planning pursuant to the provisions of Section 3 [72-14-3.2 NMSA 1978] of this act. History: Laws 2003, ch. 138, § 2. ANNOTATIONSEffective dates. — Laws 2003, ch. 138 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
NM Stat § 4-37-10 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-10 - Short title.

This act [4-37-10 to 4-37-13 NMSA 1978] may be cited as the "Home Rule County Validation Act". History: Laws 1987, ch. 8, § 1.
NM Stat § 4-37-11 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-11 - Validation.

All amendments adopted under color of law to a county charter adopted under the provisions of Article 10, Section 5 of the constitution of New Mexico allowing or purporting to allow the county to exercise all legislative powers and perform all functions not expressly denied by general law or charter as provided in Article 10, Section 6 of the constitution of New Mexico and all acts and proceedings heretofore taken under such charter amendments are hereby validated, ratified, approved and confirmed, as of the date of adoption or attempted adoption of such amendments, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities in such acts and proceedings. History: Laws 1987, ch. 8, § 2.
NM Stat § 4-37-12 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-12 - Effect and limitations.

The Home Rule County Validation Act [4-37-10 to 4-37-13 NMSA 1978] shall operate to supply such legislative authority as may be necessary to validate any amendments to a county charter adopted under Article 10, Section 5 of the constitution of New Mexico allowing the county to exercise the powers provided for in Article 10, Section 6 of the constitution of New Mexico and any acts and proceedings heretofore taken under such charter amendments which the legislature could have supplied or provided for or can now supply or provide for in the law under which such amendments were adopted and such acts and proceedings were taken. The Home Rule County Validation Act, however, shall be limited to the validation of charter amendments, acts and proceedings to the extent to which such validation can be effectuated under the state and federal constitutions. The Home Rule County Validation Act shall not operate to validate, ratify, approve, confirm or legalize any charter amendment, act, proceeding or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective. History: Laws 1987, ch. 8, § 3.
NM Stat § 4-37-13 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 37 - County Ordinances|Section 4-37-13 - Construction.

The Home Rule County Validation Act [4-37-10 to 4-37-13 NMSA 1978], being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to carry out its purposes. History: Laws 1987, ch. 8, § 4.
NM Stat § 4-38-5 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1991 (1st S.S.), ch. 5, § 3 repealed 4-38-4 and 4-38-5 NMSA 1978, as amended by Laws 1983, ch. 126, § 1 and as enacted by Laws 1983, ch. 126, § 2, relating to precincts and designation of districts in Bernalillo county, respectively, effective December 18, 1991. For provisions of former sections, see the 1990 NMSA 1978 on NMOneSource.com.
NM Stat § 4-38-6 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-6 - Election; term.

A. In each county all county commissioners shall be elected to serve four-year terms, subject to the provisions of Subsection B of this section. B. In those counties that consist of a three-member board of county commissioners, the secretary of state shall designate by lottery the terms for each county commission district, which shall elect two county commissioners for terms of four years and one county commissioner for a term of two years. The terms for two commissioners shall expire in the same year. C. In those counties that, prior to 1992, have not had four-year terms for elected officials, the assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk shall be elected to two-year terms in the 1994 general election; thereafter, all elected officials shall be elected for terms of four years. The terms of the assessor, sheriff and probate judge shall expire in the same year, and the terms of the treasurer and clerk shall expire in the same year. History: Laws 1899, ch. 30, § 1; Code 1915, § 1191; C.S. 1929, § 33-4204; 1941 Comp., § 15-3504; 1953 Comp., § 15-37-4; Laws 1974, ch. 21, § 5; 1983, ch. 126, § 3; 1993, ch. 119, § 1. ANNOTATIONSCross references. — For residence of county commissioners in areas from which elected, see 4-38-3 NMSA 1978. For terms of county officers generally, see N.M. Const., art. X, § 2. For five member boards of county commissioners, see N.M. Const., art. X, § 7. The 1993 amendment, effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 64.
NM Stat § 4-38-7 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-7 - [Holding office until successor is qualified.]

Every person appointed county commissioner shall hold his office until the general election, and until his successor shall be qualified and enters upon the duties of such office. History: Laws 1876, ch. 1, § 39; C.L. 1884, § 370; C.L. 1897, § 689; Code 1915, § 1192; C.S. 1929, § 33-4205; 1941 Comp., § 15-3505; 1953 Comp., § 15-37-5. ANNOTATIONSCross references. — For terms of office of county commissioners, see N.M. Const., art. X, §§ 2 and 7 and 4-38-6 NMSA 1978. For tenure of officers generally, see N.M. Const., art. XX, § 2. For filling of vacancies of county commissioners, see N.M. Const., art. XX, § 4. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 C.J.S. Counties § 66.
NM Stat § 4-38-8 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-8 - Meetings.

The board of county commissioners shall meet, after notice as required by law for meetings of public bodies, at the county seat of each county at quarterly meetings in January, April, July and October in each year and at such other times within the prescribed county as in the opinion of the board the public interests may require. Meetings other than quarterly meetings may be held in the municipality with the largest population concentration in the county, and meetings concerning matters of local interest only may be held in the community affected. All meetings shall be held in a public building owned be [by] the state, county or public schools. History: Laws 1876, ch. 1, § 11; C.L. 1884, § 343; C.L. 1897, § 662; Code 1915, § 1194; C.S. 1929, § 33-4208; 1941 Comp., § 15-3507; 1953 Comp., § 15-37-7; Laws 1975, ch. 30, § 1; 1981, ch. 81, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For duties of county clerk as clerk of board of county commissioners, see 4-40-3 to 4-40-6 NMSA 1978. For examination by board of canceled orders, see 4-45-7 NMSA 1978. For meetings of policy-making bodies, see 10-15-1 to 10-15-4 NMSA 1978. Election of chairman. — This section and 4-38-10 NMSA 1978 in essence provide that at its first meeting in the January following its election, a board of county commissioners shall elect a chairman to serve as such during his term of office. 1969 Op. Att'y Gen. No. 69-110. Authority to call special meetings. — The two commissioners other than the chairman most certainly possess the authority to call special meetings. So far as the chairman is concerned, his power is no greater and no less than the authority possessed by his fellow county commissioners. 1959 Op. Att'y Gen. No. 59-204. County seat as "designated post of duty". — The "designated post of duty" (as referred to in 10-8-4 NMSA 1978) of a county commissioner for purposes of per diem and mileage rates is established by reference to this section at the county seat. 1988 Op. Att'y Gen. No. 88-65. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 136 to 158. 20 C.J.S. Counties §§ 79 to 81.
NM Stat § 4-38-9 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-9 - Repealed.

History: Laws 1897, ch. 60, § 16 [15]; C.L. 1897, § 867(15); Code 1915, § 1195; C.S. 1929, § 33-4209; 1941 Comp., § 15-3508; 1953 Comp., § 15-37-8; repealed by Laws 2013, ch. 214, § 14.ANNOTATIONSRepeals. — Laws 2013, ch. 214, § 14 repealed 4-38-9 NMSA 1978, as enacted by Laws 1897, ch. 60, § 15, relating to publishing of board of county commissioners' proceedings, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 4-38-10 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-10 - Chairman.

A. The county commission shall select a chairman in a manner and for a term provided by county ordinance. B. In the absence of a county ordinance providing for the chairman's selection and term, the county commissioners shall, at the first meeting of each year choose one of their number chairman, who shall preside at that meeting and all other meetings if present; but in case of his absence from any meeting, the members present shall choose one of their number as temporary chairman. History: Laws 1876, ch. 1, § 17; C.L. 1884, § 348; C.L. 1897, § 667; Code 1915, § 1196; C.S. 1929, § 33-4210; 1941 Comp., § 15-3509; 1953 Comp., § 15-37-9; 1990, ch. 13, § 1. ANNOTATIONSElection of chairman generally. — Section 4-38-8 NMSA 1978 and this section in essence provide that at its first meeting in the January following its election, a board of county commissioners shall elect a chairman to serve as such during his term of office. 1969 Op. Att'y Gen. No. 69-110. Term of chairman. — The language "who shall preside at such meeting and all other meetings during the year if present" might be considered as limiting the term of the chairman to one year. However, it is felt that this language merely relates back and refers to 4-38-8 NMSA 1978 setting forth the regular meetings to be held during any year and does not limit the term of the chairman to one year when his term of office as county commissioner is for two years. 1954 Op. Att'y Gen. No. 54-5983 (decided prior to adoption of N.M. Const., art. X, § 7 and amendment of 4-38-6 NMSA 1978). When new chairman may be elected. — Only if the chairman either resigns as chairman or ceases to be a member of the board may a new chairman be legally elected. 1969 Op. Att'y Gen. No. 69-110.
NM Stat § 4-38-11 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-11 - [Chairman; powers and duties.]

The chairman of said board shall have power to administer oaths to any person concerning any matter submitted to the board or connected with their powers and duties and he shall sign all orders on the county treasury. History: Laws 1876, ch. 1, § 18; C.L. 1884, § 349; C.L. 1897, § 668; Code 1915, § 1197; C.S. 1929, § 33-4211; 1941 Comp., § 15-3510; 1953 Comp., § 15-37-10. ANNOTATIONSCross references. — For signature by chairman of county orders, see 4-45-4 NMSA 1978.
NM Stat § 4-38-12 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-12 - [Seal; sessions to be public; rules and regulations.]

Every board of county commissioners shall have a seal, or scroll until a seal can be procured, and may alter the same at pleasure. Their sessions shall be public with open doors, and all persons conducting themselves in an orderly manner may attend their meetings, and they may establish rules and regulations to govern the transaction of their business. History: Laws 1876, ch. 1, § 16; C.L. 1884, § 347; C.L. 1897, § 666; Code 1915, § 1198; C.S. 1929, § 33-4212; 1941 Comp., § 15-3511; 1953 Comp., § 15-37-11. ANNOTATIONSCross references. — For duty of sheriff to attend meetings of board of county commissioners, see 4-41-16 NMSA 1978. For meetings of policy-making bodies, see 10-15-1 to 10-15-4 NMSA 1978. Approval and signature of minutes of special meeting. — If a special meeting is held and the minutes of the proceedings are read later at the regular meeting, the commissioners who concurred in the special meeting may approve and sign them if the proper procedures are followed, as motion to approve, second, etc. 1959 Op. Att'y Gen. No. 59-204.
NM Stat § 4-38-13 (2021)
2021 New Mexico Statutes|Chapter 4 - Counties|Article 38 - Board of County Commissioners|Section 4-38-13 - [Powers; property belonging to county.]

The board of county commissioners shall have power at any session to make such orders concerning the property belonging to the county as they may deem expedient. History: Laws 1876, ch. 1, § 14(1); C.L. 1884, § 345(1); C.L. 1897, § 664(1); Code 1915, § 1199; C.S. 1929, § 33-4213; 1941 Comp., § 15-3512; 1953 Comp., § 15-37-12. ANNOTATIONSCross references. — For county property, see 4-36-4 NMSA 1978. For powers of counties generally, see 4-37-1 NMSA 1978. For control of property of disincorporated municipality, see 3-4-7 NMSA 1978. For insuring of public buildings, see 13-5-1, 13-5-3 NMSA 1978. For maintenance and upkeep of district attorney facilities, see 36-1-8.1 NMSA 1978. Rental of space in county buildings to private persons. — Board of county commissioners may rent space in county courthouse to private individual when it does not interfere with public use and rental is for a short term only. 1945 Op. Att'y Gen. No. 45-4723. Lease of county buildings free of rent. — The board of county commissioners may permit the department of public welfare (now human services department) to use county buildings for its purposes free of rent. 1938 Op. Att'y Gen. 38-1899. Determination of use of space assigned to county sheriff. — While this section and 4-38-18 NMSA 1978 grant the board of county commissioners the authority to control and manage county property, this does not mean the board may arbitrarily decide how space assigned to the county sheriff may be used. 1969 Op. Att'y Gen. No. 69-50. Setting office hours. — A county commission may set the hours that offices of other elected county officials must stay open. 1990 Op. Att'y Gen. No. 90-05. Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 491 to 498. Real estate: power of governing body of county to dispose of county real estate in absence of specific statutory authority, 21 A.L.R.2d 722. Public utility plant or interest therein, power of county to sell, lease or mortgage, 61 A.L.R.2d 595. 20 C.J.S. Counties §§ 143 to 149.