reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 16 - Revenue Stabilization and Tax Policy Committee › Section 2-16-2 - Membership; appointment; vacancies.

A. The revenue stabilization and tax policy committee shall be composed of eighteen members. Nine members of the house of representatives shall be appointed by the speaker of the house of representatives and nine members of the senate shall be appointed by the committees' committee of the senate or, if the senate appointments are made in the interim, by the president pro tempore of the senate after consultation with and agreement of a majority of the members of the committees' committee.
B. Members shall be appointed from each house so as to give the two major political parties in each house the same proportional representation on the committee as prevails in each house; however, in no event shall either party have less than one member from each house on the committee. Vacancies on the committee shall be filled by appointment in the same manner as the original appointments. If a regular member is going to be absent from a committee meeting, the regular member may designate a legislator from the same house and party to serve in the regular member's place at the meeting if the member notifies the chairman of the committee of the anticipated absence and notifies the designee at least twenty-four hours before the committee meeting. The regular member shall select the designee from a list of potential designees appointed by the appointing authority for each house. The list shall be maintained in the offices of the legislative council service. The chairman and vice chairman of the committee shall be designated by the New Mexico legislative council.
C. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects such action.
History:
Laws 1994, ch. 90, § 2; 2003, ch. 223, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, inserted "revenue stabilization and tax policy" near the beginning of Subsection A; and in Subsection B, added the last three sentences and substituted "designated by the New Mexico legislative council" for "elected by the committee".
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 16 - Revenue Stabilization and Tax Policy Committee › Section 2-16-3 - Duties.

After its appointment, the committee shall hold one organizational meeting to develop a workplan and budget for the ensuing interim. The workplan and budget shall be submitted to the legislative council for approval. Upon approval of the workplan and budget by the legislative council, the committee shall examine the statutes, constitutional provisions, regulations and court decisions governing revenue stabilization and tax policy in New Mexico and recommend legislation or changes if any are found to be necessary to each session of the legislature.
History:
Laws 1994, ch. 90, § 3.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 16 - Revenue Stabilization and Tax Policy Committee › Section 2-16-4 - Subcommittees.

Subcommittees shall be created only by majority vote of all members appointed to the committee and with the prior approval of the legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. All meetings and expenditures of a subcommittee shall be approved by the full committee in advance of such meeting or expenditure, and the approval shall be shown in the minutes of the committee.
History:
Laws 1994, ch. 90, § 4.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 16 - Revenue Stabilization and Tax Policy Committee › Section 2-16-5 - Report.

The committee shall make a report of its findings and recommendations for the consideration of each session of the legislature. The report and suggested legislation shall be made available to the legislative council on or before December 15 preceding each session.
History:
Laws 1994, ch. 90, § 5.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 17 - Welfare Reform Oversight Committee › Section 2-17-1 - Welfare reform oversight committee created; termination.

The joint interim legislative "welfare reform oversight committee" is created. The committee shall function from the date of its appointment until December 15 prior to the first session of the forty-ninth legislature.
History:
Laws 1998, ch. 8, § 21 and Laws 1998, ch. 9, § 21; 2003, ch. 311, § 1; 2003, ch. 432, § 1.
ANNOTATIONS
The 2003 amendment,
effective April 10, 2003, substituted "forty-ninth legislature" for "forty-sixth legislature".
Laws 2003, ch. 311, § 1, effective April 8, 2003, and Laws 2003, ch. 432, § 1, effective April 10, 2003, enacted identical amendments to this section.The section was set out as amended by Laws 2003, ch. 432, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 17 - Welfare Reform Oversight Committee › Section 2-17-2 - Membership; appointment; vacancies.

A. The welfare reform oversight committee shall be composed of twelve members. The New Mexico legislative council shall appoint six members from the house of representatives and six members from the senate. At the time of making the appointment, the legislative council shall designate the chairman and vice chairman of the committee.
B. Members shall be appointed from each house so as to give the two major political parties in each house the same proportionate representation on the committee as prevails in each house; however, in no event shall either party have less than one member from each house on the committee. At the request of the committee chairman, members may be removed from the committee by the New Mexico legislative council for nonattendance according to council policy. Vacancies on the committee, however caused, may be filled by the legislative council, or the council may reduce the size of the committee by not making replacement appointments and in that case need not readjust party representation.
C. An action shall not be taken by the committee if a majority of the total membership from either house on the committee rejects that action.
History:
Laws 1998, ch. 8, § 22 and Laws 1998, ch. 9, § 22.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 17 - Welfare Reform Oversight Committee › Section 2-17-3 - Duties.

A. After its appointment, the welfare reform oversight committee shall hold one organizational meeting to develop a work plan and budget for the ensuing interim. The work plan and budget shall be submitted to the New Mexico legislative council for approval. Upon approval of the work plan and budget by the legislative council, the committee shall:
(1) examine the statutes, constitutional provisions and rules governing welfare reform in New Mexico;
(2) monitor and oversee the implementation of the New Mexico Works Act [Chapter 27, Article 2B NMSA 1978];
(3) review issues related to welfare reform, including job training programs and related contracts; cash assistance; child care, transportation and other job-related services; and other issues that arise because of the devolution of the federal welfare programs to the states; and
(4) make recommendations relating to the adoption of rules and legislation, if any are found to be necessary.
B. The committee shall regularly receive testimony from the secretaries of human services; labor; children, youth and families; and health and the superintendent of public instruction on issues arising from the implementation of the New Mexico Works Act and shall review proposed rules, schedules and formulae before adoption.
History:
Laws 1998, ch. 8, § 23 and Laws 1998, ch. 9, § 23.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 17 - Welfare Reform Oversight Committee › Section 2-17-4 - Subcommittees.

Subcommittees shall be created only by majority vote of all members appointed to the welfare reform oversight committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. Any meeting or expenditure of a subcommittee shall be approved by the full committee in advance of that meeting or expenditure, and the approval shall be shown in the minutes of the committee.
History:
Laws 1998, ch. 8, § 24 and Laws 1998, ch. 9, § 24.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 17 - Welfare Reform Oversight Committee › Section 2-17-5 - Reports.

The committee shall make reports of its findings and recommendations for the consideration of the first and second sessions of the forty-fourth legislature and the first and second sessions of the forty-fifth legislature. The reports and suggested legislation shall be made available to the New Mexico legislative council on or before December 15 preceding each session.
History:
Laws 1998, ch. 8, § 25 and Laws 1998, ch. 9, § 25.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 17 - Welfare Reform Oversight Committee › Section 2-17-6 - Staff.

The staff for the welfare reform oversight committee shall be provided primarily by the legislative council service but the legislative council service may request the assistance of the legislative finance committee staff at the direction of the welfare reform oversight committee.
History:
Laws 1998, ch. 8, § 26 and Laws 1998, ch. 9, § 26.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 18 - Corrections Oversight Committee › Section 2-18-1 - Corrections oversight committee created; termination.

There is created a joint interim legislative committee that shall be known as the "corrections oversight committee". The committee shall function from the date of its appointment until the first day of December prior to the first session of the forty-seventh legislature.
History:
Laws 2000, ch. 106, § 2.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 18 - Corrections Oversight Committee › Section 2-18-2 - Membership; appointment; vacancies.

A. The corrections oversight committee shall be composed of eight members. Four members of the house of representatives shall be appointed by the speaker of the house of representatives. Four members of the senate shall be appointed by the senate committees' committee or, if the senate appointments are made in the interim, by the president pro tempore of the senate after consultation with and agreement of a majority of the members of the senate committees' committee.
B. Members shall be appointed from each house so as to give the two major political parties in each house equal representation on the corrections oversight committee as prevails in each house. However, in no event shall either party have less than one member from each house on the committee. The speaker of the house of representatives and the president pro tempore of the senate shall each appoint a co-chairman of the committee.
C. A vacancy on the corrections oversight committee shall be filled by appointment in the same manner as the original appointment.
D. No action shall be taken by the corrections oversight committee if a majority of the total membership from either house on the committee rejects the action.
History:
Laws 2000, ch. 106, § 3.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 18 - Corrections Oversight Committee › Section 2-18-3 - Duties; subpoena power; cooperation.

A. After its appointment, the corrections oversight committee shall hold one organizational meeting to develop a work plan and budget for the ensuing interim. The work plan and budget shall be submitted to the New Mexico legislative council for approval.
B. Upon approval of the work plan and budget by the New Mexico legislative council, the corrections oversight committee shall:
(1) oversee implementation of the recommendations set forth in the January 14, 2000 document entitled "The Consultants' Report on Prison Operations in New Mexico Correctional Institutions";
(2) assess the feasibility of expanding community corrections programming as a means to reduce the inmate population;
(3) monitor other issues related to the operation of public and private correctional facilities; and
(4) recommend legislation or changes, if they are found to be necessary, to the legislature.
C. [Vetoed by Governor March 7, 2000.]
D. The corrections department and every other state agency and political subdivision of the state shall, upon request, furnish and make available to the corrections oversight committee documents, material or information requested by the members of the committee or its staff.
History:
Laws 2000, ch. 106, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The term "subpoena power," in the section heading, references the provisions of Subsection C that were vetoed by the governor.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 18 - Corrections Oversight Committee › Section 2-18-4 - Subcommittees.

A. Subcommittees shall be created only by majority vote of all members appointed to the corrections oversight committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee.
B. All meetings and expenditures of a subcommittee shall be approved by the full corrections oversight committee in advance of subcommittee meetings or expenditures, and the approval shall be shown in the minutes of the committee.
History:
Laws 2000, ch. 106, § 5.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 18 - Corrections Oversight Committee › Section 2-18-5 - Report.

The corrections oversight committee shall make a report of its findings and recommendations for the consideration of the first session of the forty-fifth legislature; the second session of the forty-fifth legislature; the first session of the forty-sixth legislature; the second session of the forty-sixth legislature; and the first session of the forty-seventh legislature. The reports and suggested legislation shall be made available to the New Mexico legislative council on or before December 15 preceding each session.
History:
Laws 2000, ch. 106, § 6.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 19 - Tobacco Settlement Revenue Oversight Committee › Section 2-19-1 - Tobacco settlement revenue oversight committee created; membership; duties.

A. There is created a joint interim legislative committee that shall be known as the "tobacco settlement revenue oversight committee".
B. The tobacco settlement revenue oversight committee shall be composed of six members. Three members of the house of representatives shall be appointed by the speaker of the house of representatives and three members of the senate shall be appointed by the committees' committee of the senate or, if the senate appointments are made in the interim, those members shall be appointed by the president pro tempore of the senate after consultation with and agreement of a majority of the members of the committees' committee. Members shall be appointed from each house so as to give the two major political parties in each house the same proportionate representation on the tobacco settlement revenue oversight committee as prevails in each house.
C. The tobacco settlement revenue oversight committee shall:
(1) monitor the use of tobacco settlement revenue and meet on a regular basis to receive and review evaluations of programs receiving funding from tobacco settlement revenues;
(2) prepare recommendations, based on its program evaluation process, of program funding levels for the next fiscal year. The recommendations shall be made available to the New Mexico legislative council and the legislative finance committee on or before December 15 preceding each session; and
(3) make recommendations as necessary for changes in legislation regarding use of the tobacco settlement revenue.
D. The staff for the tobacco settlement revenue oversight committee shall be provided by the legislative council service.
History:
Laws 2000 (2nd S.S.), ch. 9, § 4.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 20 - Military and Veterans' Affairs Committee › Section 2-20-1 - Creation of interim military and veterans' affairs committee; members; appointment; terms; voting.

A. There is created a joint interim committee of the legislature to be called the "military and veterans' affairs committee". The committee shall be composed of eight voting members.
B. The New Mexico legislative council shall appoint four members from the house of representatives and four members from the senate. At the time of making the appointment, the New Mexico legislative council shall designate the chair and vice chair of the committee. Members shall be appointed so as to give the two major political parties in each house the same proportionate representation on the committee as prevails in each house; provided that in no event shall either of the parties have less than one member from each house on the committee.
C. No action shall be taken by the committee if a majority of the total membership from either house on the committee rejects such action.
History:
Laws 2010, ch. 23, § 1.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 20 - Military and Veterans' Affairs Committee › Section 2-20-2 - Duties of the military and veterans' affairs committee; staff; subcommittees; reporting.

A. The military and veterans' affairs committee shall conduct meetings in several geographically dispersed areas of the state and shall conduct hearings related to military issues and veterans' issues. The committee shall make an annual report and recommend any necessary legislation to each session of the legislature. The committee shall request necessary action to the federal congress, the United States department of veterans affairs and the United States department of defense.
B. The staff of the committee shall be provided by the legislative council service.
C. Subcommittees shall be created only by majority vote of all the members appointed to the committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee. All meetings and expenditures of a subcommittee shall be approved by the full committee in advance of the meeting or expenditure, and the approval shall be shown in the minutes of the committee.
History:
Laws 2010, ch. 23, § 2.
ANNOTATIONS
Effective dates.
— Laws 2010, ch. 23 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2010, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 21 - Legislative Caucus Committee › Section 2-21-1 - Recompiled.

History:
Laws 2019, ch. 262, § 15; 1978 Comp., § 2-21-1, recompiled as 1-19-26.7 NMSA 1978 by Laws 2023, ch. 39, § 98.
ANNOTATIONS
Recompilations.
— Laws 2023, ch. 39, § 98 recompiled former 2-21-1 NMSA 1978 as 1-19-26.7 NMSA 1978, effective June 16, 2023.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 1 - General Provisions › Section 3-1-1 - Municipalities; short title.

Chapter 3 NMSA 1978 [except Article 66] may be cited as the "Municipal Code".
History:
1953 Comp., § 14-1-1, enacted by Laws 1965, ch. 300; 1981, ch. 204, § 1.
ANNOTATIONS
Law reviews.
— For note, "Annexation of Unincorporated Territory in New Mexico," see 6 Nat. Resources J. 83 (1966).
For comment, "Regional Planning - Subdivision Control - New Mexico's New Municipal Code," see 6 Nat. Resources J. 135 (1966).
For comment, "Land Use Planning - New Mexico's Green Belt Law," see 8 Nat. Resources J. 190 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 1 to 3.
62 C.J.S. Municipal Corporations § 1 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 1 - General Provisions › Section 3-1-3 - Municipalities; name; prohibiting the use of name of another municipality.

Any municipality may be known as the:
A. "city of ............";
B. "town of ............"; or
C. "village of ............"; but no municipality which changes its name or incorporates shall adopt the name of an existing municipality.
History:
1953 Comp., § 14-1-3, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For changing name of municipality,
see
3-6-1 and 3-6-2 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 29.
Use of abbreviations of name of municipal body or private corporation in designating party to judicial proceedings, 167 A.L.R. 1217.
62 C.J.S. Municipal Corporations § 34.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 1 - General Provisions › Section 3-1-4 - Municipalities; change of status; continuation of ordinances; judicial notice.

A. Whenever a municipality changes its name as authorized in Sections 3-6-1 and 3-6-2 NMSA 1978 or reorganizes its government as provided in Sections 3-3-1 through 3-3-4, 3-14-1 through 3-14-19 and 3-15-1 through 3-15-16 NMSA 1978, the municipal clerk shall file certified copies of the election certificates indicating approval of the change of name or reorganization of the municipality in the office of the county clerk and the office of the secretary of state. The municipal clerk shall also transmit, if the municipal boundaries are to be changed, certified copies of a map or plat of the revised municipal boundaries to the secretary of finance and administration and the secretary of taxation and revenue.
B. All acts performed in the name of the municipality previous to the change in name or the reorganization of the municipality shall continue in effect except as they are amended or modified by the change in name or reorganization of the municipality; provided, that the change of name or reorganization of the municipality shall not in any manner affect the rights or liabilities of the municipality or any other right, liability or right of action, civil or criminal, for or against the municipality.
C. When certified copies of the election certificates are filed in the office of the county clerk and the office of the secretary of state, as required in this section, the change of name or reorganization of the municipality shall be deemed complete and shall be judicially recognized in all subsequent proceedings in which the municipality is interested.
History:
1953 Comp., § 14-1-4, enacted by Laws 1965, ch. 300; 1981, ch. 204, § 2.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 1 - General Provisions › Section 3-1-6 - Final day to act.

Whenever the last day for performing an administrative duty, filing a petition or declaration in a county or municipal office, or other similar act falls on a Saturday, Sunday or holiday, the next succeeding day on which the county or municipal office is open during regular business hours shall be the final day for performing the administrative duty, filing a petition or declaration with a county or municipal clerk or other similar act.
History:
1953 Comp., § 14-1-6, enacted by Laws 1967, ch. 146, § 2.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 2 - Incorporation of Municipality › Section 3-2-2 - Characteristics of territory proposed to be incorporated as a municipality.

A. A territory proposed to be incorporated as a municipality shall:
(1) not be within the boundary of another municipality;
(2) have a population density of not less than one person per acre, except for a class B county with a net taxable value of property for property tax purposes in 1990 of over ninety-five million dollars ($95,000,000) and a population of less than ten thousand according to the 1990 federal decennial census and where the population density of the territory proposed to be incorporated is not less than one person per four acres;
(3) contain not less than one hundred fifty persons; and
(4) contain a sufficient assessed value of real property and a sufficient number of businesses so that the proposed municipality will contain a sufficient tax base to enable it to provide a clerk-treasurer, a police officer and office space for the municipal government within one year of incorporation.
B. In the alternative to the requirements of Paragraph (2) of Subsection A of this section, a territory proposed to be incorporated as a municipality shall:
(1) contain within its boundaries a resort area having more than fifty thousand visitors a year; and
(2) have more than one hundred fifty single-family residences, as shown by the property tax rolls.
History:
1953 Comp., § 14-2-2, enacted by Laws 1965, ch. 300; 1991, ch. 56, § 1; 1995, ch. 108, § 1; 1999, ch. 136, § 1; 2013, ch. 120, § 2.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, made grammatical changes in the introductory sentences in in Subsections A and B.
The 1999 amendment,
effective June 18, 1999, added Subsection A(4).
The 1995 amendment,
effective June 16, 1995, designated the introductory provisions as Subsection A, redesignated former Subsections A through C as Paragraphs (1) through (3) of Subsection A, added Subsection B, and made a minor stylistic change in Paragraph (2) of Subsection A.
The 1991 amendment,
effective June 14, 1991, in Subsection B, added the language beginning with "except for a class B county".
Applicability.
— This section merely sets out the characteristics required of any territory proposed to be incorporated; it does not address the incorporation proceedings themselves.
Citizens for Incorporation, Inc. v. Board of County Comm'rs
, 1993-NMCA-069, 115 N.M. 710, 858 P.2d 86, cert. denied, 115 N.M. 602, 856 P.2d 250.
Law reviews.
— For article, "Prisoners Are People," see 10 Nat. Resources J. 869 (1970).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 39 to 43.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 2 - Incorporation of Municipality › Section 3-2-4 - Special provisions for incorporation of municipalities under certain circumstances.

Notwithstanding any provisions of Sections 3-2-3, 3-2-5 and 3-57-9 NMSA 1978 to the contrary, the residents of a contiguous, undivided territory within a class A county may incorporate that territory into a new municipality with boundaries closer than five miles to or coterminous with the boundary of an existing municipality by following all other provisions of the law governing incorporation, if the territory proposed to be incorporated has a population, as shown by the last decennial census, of fifteen thousand or more.
History:
1953 Comp., § 14-2-3.1, enacted by Laws 1976, ch. 53, § 1.
ANNOTATIONS
Section does not relieve census requirement.
— This section is an exception and allows residents of an area within five miles of or coterminous with an existing municipality in a class A county to incorporate without complying with 3-2-3B NMSA 1978 if the area proposed for incorporation has a population of 15,000 or more and the provision for the federal census is included merely so that the incorporators can determine if they must comply with 3-2-3(B) NMSA 1978. Additionally, this section states that it is an exception only to "contrary" provisions and further explicitly states that residents of such an area must comply with "all other provisions of the law governing incorporation." That would include payment for a new census as required by 3-2-1B(2) NMSA 1978 and 3-2-5B(2) NMSA 1978. The requirement that a new census be conducted before an incorporation election is not "contrary" to this section.
Citizens for Incorporation, Inc. v. Board of County Comm'rs
, 1993-NMCA-069, 115 N.M. 710, 858 P.2d 86, cert. denied, 115 N.M. 602, 856 P.2d 250.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 2 - Incorporation of Municipality › Section 3-2-6 - Incorporation; notice of the election; registered voters to vote; appointment of election officials; conduct of election; question to be submitted; location of voting places.

A. The notice of election shall contain:
(1) a description of the territory proposed to be incorporated as a municipality;
(2) a statement that a plat or map of the territory, the municipal services and revenue plan and the findings of the municipal incorporation review team are on file in the office of the county clerk;
(3) the date and time the election will be held on incorporation; and
(4) a list of the polling places within the territory proposed to be incorporated wherein registered voters may vote.
B. The notice of election shall be published in a newspaper of general circulation within the territory proposed to be incorporated once each week for three successive weeks. The last publication shall not be more than fourteen nor less than seven days before the day of the election. If there is no newspaper of general circulation within the territory proposed to be incorporated, notice of the election shall be posted in eight public places within the territory proposed to be incorporated. The posting shall be made at least three weeks before the day of the election.
C. The board of county commissioners shall appoint the judges and clerks of the election in the manner judges and clerks of election are appointed for general elections. The election shall be conducted in the manner provided for the conduct of general elections.
D. The question on the ballot shall read substantially as follows:
"Shall the territory described as (herein insert a description of the territory proposed to be incorporated) and to be known as (herein insert the name of the proposed municipality) become an incorporated municipality?
For incorporation ----------------------------[ ]
Against incorporation ----------------------[ ]".
E. Any registered voter who is a resident of the territory proposed to be incorporated may vote on the question of incorporating the territory as a municipality.
F. The board of county commissioners shall canvass the votes and declare the results of the election in the manner provided for the canvassing and declaring of votes in a general election.
History:
1953 Comp., § 14-2-5, enacted by Laws 1965, ch. 300; 2013, ch. 120, § 4.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, required that the election notice include the municipal services and revenue plan and the findings of the municipal incorporation review team; and in Paragraph (2) of Subsection A, after "map of the territory", deleted "is" and added "the municipal services and revenue plan and the findings of the municipal incorporation review team are".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 62 C.J.S. Municipal Corporations § 25 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 2 - Incorporation of Municipality › Section 3-2-7 - Incorporation; notice of the election results; publication or posting; filing of results; limitation on resubmission.

A. The board of county commissioners shall file a copy of the election results in the office of the county clerk.
B. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall publish a notice containing the results of the election in a newspaper of general circulation within the territory proposed to be incorporated. If there is no newspaper of general circulation within the territory proposed to be incorporated, notice of the results of the election shall be posted in five public places within the territory proposed to be incorporated.
C. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall file in the office of the county clerk and in the office of the secretary of state certified copies of the:
(1) map or plat of the territory being incorporated;
(2) papers and records relating to the determinations made by the board of county commissioners; and
(3) notice of the election results, together with the:
(a) publisher's affidavit of publication; or
(b) county clerk's affidavit of posting.
D. If a majority of the votes cast favor the incorporation of the territory as a municipality, the county clerk shall transmit within fifteen days to the secretary of finance and administration and the secretary of taxation and revenue certified copies of the map or plat of the territory being incorporated.
E. In the event the question of incorporation of the territory fails, it shall not be resubmitted to the electors of the territory or any portion thereof for a period of two years after the date of the election at which the question failed.
History:
1953 Comp., § 14-2-6, enacted by Laws 1965, ch. 300; 1979, ch. 318, § 1; 1981, ch. 204, § 3.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 2 - Incorporation of Municipality › Section 3-2-9 - Incorporation complete; judicial notice; defects in incorporation; appeal.

A. After certified copies of the papers relating to the incorporation of a municipality have been filed in the offices of the county clerk and the secretary of state and after the municipal officers have been elected and qualified, the incorporation of the municipality shall be complete and effective on the following January 1 if the election was held in July or on the following July 1 if the election was held in January, and notice of the incorporation shall be taken in all judicial proceedings.
B. An action by a protestant against the incorporation of a municipality shall be taken to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 14-2-8, enacted by Laws 1965, ch. 300; 1981, ch. 205, § 2; 1998, ch. 55, § 4; 1999, ch. 265, § 4.
ANNOTATIONS
Cross references.
— For franchises granted by county commissioners for use of streets by public utility before incorporation being valid after incorporation,
see
3-42-2 NMSA 1978.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection B.
The 1998 amendment,
effective September 1, 1998, substituted "appeal" for "contest" in the section heading, and in Subsection B, substituted "pursuant to the provisions of Section 12-8A-1 NMSA 1978" for "within sixty days after the filing of the certified copies of the papers relating to the incorporation of a municipality in the offices of the county clerk and secretary of state." in the second sentence and deleted the former third sentence.
Validity of acts of de facto city council.
— Because for 10 years the only governing body a city had was a council of four members, one from each ward, and the acts of such governing body were acquiesced in by the inhabitants of the city, contracts were made and enforced, relations had with county and state governments, bonds issued in good faith and its contracts relied on by private citizens, its acts were considered valid.
Ackerman v. Baird
, 1938-NMSC-013, 42 N.M. 233, 76 P.2d 947.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Effect on rule as to de jure office as condition of a de facto officer of doctrine as to collateral attack on existence of municipal corporation, 99 A.L.R. 314.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 3 - Incorporation of Municipality Under Special Act › Section 3-3-1 - Municipalities incorporated under special act; laws applicable.

Any municipality, incorporated by special act previous to April 1, 1884, which chooses to retain such organization and charter, shall, in the enforcement of the powers or the exercise of the duties conferred by the special act or charter, proceed in all respects as provided by the special act or charter.
History:
1953 Comp., § 14-3-1, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Laws applicable.
— Cities and towns incorporated prior to act and choosing to retain their original organization would operate pursuant to the special charter or general law under which they incorporated.
Territory ex rel. Parker v. Mayor of Socorro
, 1904-NMSC-012, 12 N.M. 177, 76 P. 283.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 62 C.J.S. Municipal Corporations § 18.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 3 - Incorporation of Municipality Under Special Act › Section 3-3-3 - Municipalities incorporated under special act; special election; ballot.

At the special election on the question of reorganizing a municipality incorporated under a special act under general law, the ballot shall read substantially as follows:
"For municipal organization under general law ....................... [ ]
Against municipal organization under general law ................... [ ]."
History:
1953 Comp., § 14-3-3, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 3 - Incorporation of Municipality Under Special Act › Section 3-3-4 - Municipalities incorporated under special act; reorganization approved; election for new officers; term of office.

A. If a majority of the votes cast on the question of reorganizing a municipality incorporated by a special act favors reorganizing the municipality under general law, the governing body shall adopt an election resolution calling for an election of officers, which shall be held at the first regular local or general election following approval of reorganization. The election shall be called, conducted and canvassed in the manner provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978].
B. The terms of office for the mayor, municipal judge and one-half of the members of the governing body shall be until the next regular local election. The terms of office for the remaining one-half of the governing body shall be until the second regular local election is held. The elected municipal officers shall continue in office until their successors are elected and qualified. The length of terms of the first members shall be determined by lot.
History:
1953 Comp., § 14-3-4, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 5; 2018, ch. 79, § 47.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, changed when the governing body must hold an election for the purpose of electing officers after a majority of votes cast in a special election favors reorganizing a municipality, and made minor technical changes; in Subsection A, after "governing body shall", deleted "within fourteen days after the results of the election reorganizing the municipality under general law have been canvassed and certified", after "for an election of officers", added "which shall be held at the first regular local or general election following approval of reorganization", and after "in the manner provided in the", deleted "Municipal Election Code for the election of officers at a regular municipal election, except that the provisions of Section 3-8-25 NMSA 1978 shall not apply and the election shall be held not later than one hundred and twelve days from the adoption of the election resolution" and added "Local Election Act"; and in Subsection B, after each occurrence of "regular", deleted "municipal" and added "local".
Temporary provisions.
— Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 4 - Disincorporation of Municipality › Section 3-4-1 - Disincorporation; petition; notice of election.

A. If one-fourth of the registered voters of a municipality petition the board of county commissioners of the county in which the municipality is situated to disincorporate the municipality, the board of county commissioners shall, within fourteen days after the petition has been certified as valid, adopt an election resolution calling for a special election to be held within the municipality on the question of disincorporating the municipality. At the top of each page of a disincorporation petition, the following heading shall be printed in substantially the following form:
"PETITION TO DISINCORPORATE THE MUNICIPALITY OF. . . . . .
We, the undersigned registered voters of the municipality of ......, pursuant to Section 3-4-1 NMSA 1978, petition the board of county commissioners of ...... county to conduct a special election on the question of disincorporating the municipality of ......
Date
Name--Printed
As Registered
Address
As Registered
Usual
Signature."
The day for holding the election shall not be less than fifty days or more than sixty days after the board of county commissioners adopts the election resolution.
B. Notice of the election shall be published as required in the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History:
1953 Comp., § 14-4-1, enacted by Laws 1965, ch. 300; 1983, ch. 154, § 1; 1985, ch. 208, § 6; 2018, ch. 79, § 48.
ANNOTATIONS
Cross references.
— For examination of signatures, purging and judicial review of petitions,
see
3-1-5 NMSA 1978.
The 2018 amendment,
effective July 1, 2018, provided that notice of a special election on the question of disincorporating a municipality shall be published as required in the Local Election Act, and made technical and conforming changes; and in Subsection B, after "published as required", deleted "for special elections as set forth in the Municipal election Code" and added "in the Local Election Act".
Temporary provisions.
— Laws 2018, ch. 79, § 174 provided that references in law to the Municipal Election Code and to the School Election Law shall be deemed to be references to the Local Election Act.
Costs of disincorporation.
— There was no indication that the legislature intended to tax the costs of disincorporation of a village upon those who proposed or happened to sign the petition. 1964 Op. Att'y Gen. No. 64-80.
Law reviews.
— For comment, "Deannexation: A proposed statute," see 20 N.M.L. Rev. 713 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 89 to 91.
Rights and remedies of creditor of municipal corporation which is dissolved or combined with another municipal body, 47 A.L.R. 128.
62 C.J.S. Municipal Corporations § 99 et seq.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 4 - Disincorporation of Municipality › Section 3-4-2 - Disincorporation; ballots.

The form of the ballot shall be:
"For the disincorporation of .............. (insert name of municipality) [ ]and
Against the disincorporation of .............. (insert name of municipality) [ ]."
History:
1953 Comp., § 14-4-2, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 4 - Disincorporation of Municipality › Section 3-4-3 - Disincorporation; conduct of election.

The election for disincorporation shall be conducted pursuant to the provisions of the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History:
1953 Comp., § 14-4-3, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 7; 2018, ch. 79, § 49.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that a special election on the question of disincorporating a municipality shall be conducted pursuant to the provisions of the Local Election Act, and made technical and conforming changes; and after "the election", added "for disincorporation", after "shall be conducted", deleted "in the same manner as a special municipal election except that the election officials shall be appointed by the board of county commissioners, and the county clerk shall perform the duties of the municipal clerk and the board of county commissioners shall perform the duties of the governing body. The election returns shall be made to the board of county commissioners and canvassed in the same manner as are special election returns" and added "pursuant to the provisions of the Local Election Act".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 4 - Disincorporation of Municipality › Section 3-4-4 - Disincorporation; vote required; effect on debts and contracts.

If a majority of the votes cast are in favor of disincorporation, the municipality shall be disincorporated after provision has been made for payment of its current indebtedness, contracts and obligations, and for levying the requisite tax to do so. The current indebtedness, contracts and obligations do not include funded or bonded indebtedness nor any contract whose termination date is more than one year beyond the date the election was held.
History:
1953 Comp., § 14-4-4, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 4 - Disincorporation of Municipality › Section 3-4-5 - Disposition of records after disincorporation; pending business.

All public records and the corporate seal of the disincorporated municipality shall be deposited with the county clerk.
History:
1953 Comp., § 14-4-5, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Compiler's notes.
— The words "pending business," contained in the section heading as enacted, do not appear to reflect any content of this section.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 4 - Disincorporation of Municipality › Section 3-4-6 - Notice of disincorporation; publication.

Whenever a municipality is disincorporated, the county clerk shall publish a notice once a week for four consecutive weeks that the municipality is disincorporated. A certified copy of the notice shall be sent to the secretary of state, the secretary of finance and administration and the secretary of taxation and revenue.
History:
1953 Comp., § 14-4-6, enacted by Laws 1965, ch. 300; 1981, ch. 204, § 5.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 4 - Disincorporation of Municipality › Section 3-4-7 - Disincorporation; care of property; manager; disposition of funds.

If a municipality is disincorporated, the board of county commissioners shall assume control of all property belonging to the disincorporated municipality and shall employ a qualified person to manage and operate the property and to collect all charges due from the operation of such property. He shall execute a bond to the county in an amount determined by the board of county commissioners, conditioned that he will faithfully perform his duties and will promptly pay all money he receives to the county treasurer monthly on the first day of each month. The bond shall be executed by him and a surety company authorized to do business in the state. The premium on the bond shall be paid by the board of county commissioners from municipal funds if any; if none, from county funds.
History:
1953 Comp., § 14-4-7, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 4 - Disincorporation of Municipality › Section 3-4-8 - Income from property of a disincorporated municipality.

Money received from the operation of property of a disincorporated municipality shall be used in the following priority:
A. to pay employees engaged in the operation, maintenance and protection of the property;
B. to pay the interest on the bonded indebtedness of the municipality;
C. to purchase or redeem bonded indebtedness of the municipality; and
D. after all bonded indebtedness has been paid, to support the public schools that existed within the boundary of the municipality at the time of its disincorporation.
History:
1953 Comp., § 14-4-8, enacted by Laws 1965, ch. 300.