reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-18 - Violations of act; penalty.

The members of any board of directors and any officer or agent of any intercommunity water or natural gas supply association violating the provisions of Chapter 3, Article 28 NMSA 1978 shall be deemed guilty of a misdemeanor and, upon conviction thereof in the district court, shall be subject to a fine not to exceed five hundred dollars ($500) or to imprisonment in the county jail not to exceed six months or both in the discretion of the court trying the case.
History:
1953 Comp., § 14-27-16, enacted by Laws 1965, ch. 300; 1990, ch. 60, § 18.
ANNOTATIONS
The 1990 amendment,
effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 14-27-1 through 14-27-18 New Mexico Statutes Annotated, 1953 Compilation" and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-19 - Eminent domain.

Associations organized under Chapter 3, Article 28 NMSA 1978 shall have the power of eminent domain as provided by law, except the power of eminent domain shall not be used to acquire any plant or system or extension thereof described in a certificate of public convenience and necessity, or any interest therein, owned or operated by an entity that is regulated by the New Mexico public utility commission or the federal energy regulatory commission or their successors.
History:
1953 Comp., § 14-27-17, enacted by Laws 1965, ch. 300; 1969, ch. 251, § 8; 1981, ch. 203, § 6; 1990, ch. 60, § 19; 1993, ch. 282, § 10.
ANNOTATIONS
Cross references.
— For constitutional provision on eminent domain,
see
N.M. Const., art. II, § 20.
The 1993 amendment,
effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission".
The 1990 amendment,
effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 3-28-1 through 3-28-20 NMSA 1978", substituted "New Mexico public service commission" for "public service commission", and made a minor stylistic change.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-20 - Associations not subject to utility laws.

No association organized under the provisions of Chapter 3, Article 28 NMSA 1978 is subject to the jurisdiction of the New Mexico public utility commission [public regulation commission] or the terms and provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], as amended.
History:
1978 Comp., § 3-28-20, enacted by Laws 1981, ch. 203, § 7; 1990, ch. 60, § 20; 1993, ch. 282, § 11.
ANNOTATIONS
Repeals and reenactments.
— Laws 1981, ch. 203, § 7, repealed former 3-28-20 NMSA 1978, relating to the jurisdiction of the New Mexico public service commission and the applicability of the Public Utility Act, and enacted a new section.
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the public utility commission be construed as references to the public regulation commission.
The 1993 amendment,
effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission".
The 1990 amendment,
effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 3-28-1 through 3-28-20 NMSA 1978."
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-21 - New Mexico public utility commission [public regulation commission] jurisdiction.

Any association organized under the provisions of Chapter 3, Article 28 NMSA 1978 may elect by resolution adopted by its board of directors to become subject to the jurisdiction of the New Mexico public utility commission [public regulation commission] in matters of rates, security issues, jurisdictional area and industrial service and to all of the terms and provisions of the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], as amended. Provided, any association that so elects shall not be subject to any limits on its power of eminent domain as provided in Section 3-28-19 NMSA 1978 nor shall it be prohibited from providing gas service within an area described in any other gas utility's jurisdictional certificate as provided in Section 3-28-1 NMSA 1978.
History:
Laws 1981, ch. 203, § 8; 1990, ch. 60, § 21; 1993, ch. 282, § 12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler. It was not enacted by the legislature and is not part of the law.
Laws 1998, ch. 108, § 80 provided that references to the public utility commission be construed as references to the public regulation commission.
Cross references.
— For utilities subject to Public Utility Act,
see
62-3-3 NMSA 1978.
For general jurisdiction of public regulation commission,
see
62-6-4 NMSA 1978.
The 1993 amendment,
effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission" in the section catchline and in the first sentence.
The 1990 amendment,
effective March 2, 1990, substituted "Chapter 3, Article 28 NMSA 1978" for "Sections 3-28-1 through 3-28-20 NMSA 1978."
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 28 - Water or Natural Gas Associations › Section 3-28-22 - Validation; existing association and outstanding bonds.

All intercommunity water and natural gas associations established or purportedly established pursuant to Chapter 3, Article 28 NMSA 1978 or any predecessor or similar statute, all prior bonds issued by such associations and all action taken by boards of directors of such associations preliminary to and in the issuance of bonds of such associations pursuant to Chapter 3, Article 28 NMSA 1978 or any predecessor or similar statute, are hereby validated, ratified, approved and confirmed.
History:
1978 Comp., § 3-28-22, enacted by Laws 1990, ch. 60, § 22.
ANNOTATIONS
Severability clauses.
— Laws 1990, ch. 60, § 23 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-1 - Sanitary Projects Act; short title.

Chapter 3, Article 29 NMSA 1978 may be cited as the "Sanitary Projects Act".
History:
1953 Comp., § 14-28-1, enacted by Laws 1965, ch. 300; 2001, ch. 200, § 1.
ANNOTATIONS
The 2001 amendment,
effective July 1, 2001, updated the internal reference.
Immunity from liability for antitrust damages.
— An association that is organized under the Sanitary Projects Act, 3-29-1 NMSA 1978, is a special function governmental unit, established by state law, and is immune from damages for liability under the New Mexico Antitrust Act, 57-1-1 NMSA 1978.
Moongate Water Co., Inc. v. Dona Ana Mut. Domestic Water Consumers Ass'n
, 2008-NMCA-143, 145 N.M. 140, 194 P.3d 755.
Sanitary Projects Act association was not transformed into public utility
by selling water to a limited number of nonmember water haulers and was not, therefore, subject to the public service commission's regulatory jurisdiction.
El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n
, 1993-NMSC-041, 115 N.M. 784, 858 P.2d 1263.
Water association is a public body.
— A mutual domestic water association is not a state agency, but it qualifies as a public body/political subdivision and thus has statutory responsibilities to abide by the Open Meetings Act, the Inspection of Public Records Act, the Procurement Code and the Per Diem and Mileage Act. 2006 Op. Att'y Gen. No. 06-02.
Nonprofit corporation organized to provide community water system,
under this section, is not another municipal corporation under N.M. Const., art. VIII, § 1, and is subject to ad valorem taxation under N.M. Const., art. VIII, § 3. 1968 Op. Att'y Gen. No. 68-38.
Audit of associations.
— Associations created pursuant to this article are subject to audit under the Audit Act (12-6-1 NMSA 1978 et seq.). 1990 Op. Att'y Gen. No. 90-30.
Mutual domestic water consumers association project can be transferred
or given to a newly created village. 1962 Op. Att'y Gen. No. 62-99.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-2 - Definitions.

As used in the Sanitary Projects Act:
A. "community" means a rural unincorporated community and includes a combination of two or more rural unincorporated communities when they have been combined for the purposes set forth in the Sanitary Projects Act;
B. "association" includes an association or mutual domestic water consumers association organized under Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws 1951, Chapter 52, as well as any association organized under the provisions of the Sanitary Projects Act;
C. "department" means the department of environment;
D. "member" or "membership" means a person who has paid the appropriate fees and has been issued a certificate as required by association bylaws;
E. "person" means a single residence or property owner, as determined by the rules adopted by the association's board of directors; and
F. "project" means a water supply or reuse, storm drainage or wastewater facility owned, constructed or operated by an association.
History:
1953 Comp., § 14-28-2, enacted by Laws 1965, ch. 300; 1971, ch. 277, § 26; 1977, ch. 253, § 44; 2000, ch. 56, § 1; 2006, ch. 60, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1947, ch. 206, referred to in Subsection B, was repealed by Laws 1949, ch. 79, § 19. Laws 1949, ch. 79, referred to in Subsection B, was repealed by Laws 1951, ch. 52, § 19. Laws 1951, ch. 52, referred to in Subsection B, was repealed by Laws 1957, ch. 122, § 22.
The 2006 amendment,
effective March 6, 2006, added mutual domestic water consumers association as an "association" in Subsection B; deleted the definition of "fund" in former Subsection D; added a new Subsection D to define "member" and "membership"; added Subsection E to define "person"; and added Subsection F to define "project".
The 2000 amendment,
effective March 6, 2000, substituted "the department of environment" for "the environmental improvement division of the health and environment" in Subsection C.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-3 - Purpose of act.

The purpose of the Sanitary Projects Act is to improve the public health of rural communities in New Mexico by providing for the establishment and maintenance of a political subdivision of the state that is empowered by the state to receive public funds for acquisition, construction and improvement of water supply, reuse, storm drainage and wastewater facilities in communities, and to operate and maintain such facilities for the public good.
History:
1953 Comp., § 14-28-3, enacted by Laws 1965, ch. 300; 2004, ch. 121, § 1; 2006, ch. 60, § 2.
ANNOTATIONS
The 2006 amendment,
effective March 6, 2006, rewrote the former section to delete the former declaration of policy that the legislature will assist in providing sanitary facilities and added that the purpose of the act is to improve public health of rural communities by providing a political subdivision that is empowered to receive public funds for sanitary projects.
The 2004 amendment,
effective May 19, 2004, amended the last sentence to delete "domestic" preceding "water supplies".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-4 - Projects.

Plans, specifications and contracts for each project, as appropriate, shall be prepared by a practicing professional engineer licensed under the Engineering and Surveying Practice Act [Chapter 61, Article 23 NMSA 1978] and selected by the association in accordance with the provisions of the Procurement Code [13-1-28 to 13-1-199 NMSA 1978].
History:
1953 Comp., § 14-28-4, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 1; 1971, ch. 277, § 27; 2006, ch. 60, § 3.
ANNOTATIONS
The 2006 amendment,
effective March 6, 2006, deleted most of the former section that provided for financial assistance, the location of projects, engineering supervision of the construction of projects, payment for engineering services, bidding and payment of contractors; and added a provision that plans, specifications and contracts shall be prepared by an engineer licensed under the Engineering and Surveying Practice Act and selected in accordance with the Procurement Code.
Burden of working out legal details of acquisition of water system
will fall upon the shoulders of the attorney for the village. 1962 Op. Att'y Gen. No. 62-99.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-8 - Repealed.

History:
1953 Comp., § 14-28-8, enacted by Laws 1965, ch. 300; repealed by Laws 2006, ch. 60, § 20.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 60, § 20 repealed 3-29-8 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to suit for recovery of state funds, effective March 6, 2006. For provisions of former section,
see
the 2005 NMSA 1978 on the
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-9 - Rules.

For the purposes of the Sanitary Projects Act, the department may perform such acts and prescribe such rules as are deemed necessary to carry out its provisions. Rules shall be drafted in consultation with representatives of the associations.
History:
1953 Comp., § 14-28-9, enacted by Laws 1965, ch. 300; 2006, ch. 60, § 7.
ANNOTATIONS
The 2006 amendment,
effective March 6, 2006, deleted the provision that the department may obtain cooperation and technical assistance of federal or state agencies and request geological surveys by the state engineer and added the provision that rules shall be drafted in consultation with representatives of the associations.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-10 - Repealed.

History:
1953 Comp., § 14-28-10, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 5; repealed by Laws 2006, ch. 60, § 20.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 60, § 20 repealed 3-29-10 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to the sanitary projects fund, effective March 6, 2006. For provisions of former section,
see
the 2005 NMSA 1978 on the
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-11 - Membership.

All persons within a community who participate or desire to participate in any project may become members of an association upon complying with the rules and regulations prescribed by the board of directors of the association, such rules and regulations to meet with the approval of the department. Any person or persons who did not participate in an original project shall be admitted to membership in an association upon payment to the association of a reasonable fee as determined by the board of directors and the department.
History:
1953 Comp., § 14-28-11, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Rural water haulers entitled to membership.
— Water haulers who reside in the rural areas surrounding a village served by a Sanitary Projects Act (SPA) association and depend exclusively upon the association's water system for water have a right under the SPA to become members of the association.
El Vadito De Los Cerrillos Water Ass'n v. New Mexico Pub. Serv. Comm'n
, 1993-NMSC-041, 115 N.M. 784, 858 P.2d 1263.
All residents of the village should be given equal opportunity to join
the new or reorganized association. This is the intent of the Sanitary Projects Act (Chapter 3, Article 29 NMSA 1978), particularly by virtue of this section. 1961 Op. Att'y Gen. No. 61-44.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-12 - Local administration of association; board of directors.

A. The local administration of the association and the operation and maintenance of the project shall be carried out in each community by a board of directors composed of an odd number of at least three members. Members of the board of directors shall:
(1) be elected annually or as specified in the bylaws of the association;
(2) be members in good standing of the association; and
(3) serve staggered terms of up to four years to ensure that terms will end in different election years.
B. The board of directors shall choose among its members a president, a vice president and a secretary-treasurer or a secretary and a treasurer.
C. Funds sufficient to provide for proper operation and maintenance of the association shall be identified through a rate-setting analysis that will ensure enough revenue to cover yearly expenses and emergencies, a reserve fund for non-major capital items and equitable pay for staff. The rate-setting analysis may be reviewed and changed if necessary on a yearly basis, and the funds shall be obtained by the association by a monthly assessment against the users of the facilities, the assessment to be determined by the board of directors.
D. The board of directors of the association shall have power to do all things necessary in the local administration of any project subject to the provisions of the Sanitary Projects Act.
History:
1953 Comp., § 14-28-12, enacted by Laws 1965, ch. 300; 1969, ch. 192, § 6; 2006, ch. 60, § 8.
ANNOTATIONS
The 2006 amendment,
effective March 6, 2006, in Subsection A, changed the number of members of the board of directors from five to an odd number of at least three members; deleted the provision of Subsection A that provided for the election and terms of office of members of the board of directors; added Paragraphs (1) through (3) of Subsection A to provide for the election, qualifications and terms of office of members of the board of directors; provided in Subsection B for a secretary and a treasurer; in Subsection C, deleted the requirement that a foreman be appointed for projects and added the provision that funds be identified through a rate-setting analysis; and deleted former Subsection E, which provided that an association must be formed and a board of directors chosen before any community may participate in any benefits.
In seeking a new election, mandamus would seem to be a proper remedy
since it appears that a domestic water consumers association is a local public body for the purposes of regulation under the Sanitary Projects Act (Chapter 3, Article 29 NMSA 1978), primarily because the act itself provides for the establishment of such associations, provides for board of directors elections and provides for the contribution of state funds to be used as a portion of the initial cost of building water and sewer facilities. 1961 Op. Att'y Gen. No. 61-37.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-13 - Existing associations.

Associations organized under the provisions of Laws 1947, Chapter 206, Laws 1949, Chapter 79 or Laws 1951, Chapter 52 shall have the same powers and duties as associations organized under the provisions of the Sanitary Projects Act; provided that the articles of incorporation shall be amended in accordance with the provisions of Section 3-29-19 NMSA 1978.
History:
1953 Comp., § 14-28-13, enacted by Laws 1965, ch. 300; 2006, ch. 60, § 9.
ANNOTATIONS
Repeals.
— Laws 1947, ch. 206, referred to in this section, was repealed by Laws 1949, ch. 79, § 19. Laws 1949, ch. 79, referred to in this section, was repealed by Laws 1951, ch. 52, § 19. Laws 1951, ch. 52, referred to in this section, was repealed by Laws 1957, ch. 122, § 22.
The 2006 amendment,
effective March 6, 2006, deleted the provision that associations shall be eligible for benefits for construction of sewers and treatment plants without organizing a new association.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-14 - Existing water systems or water rights unaffected.

The provisions of the Sanitary Projects Act shall not in any way affect any water systems or water rights under existing law.
History:
1953 Comp., § 14-28-14, enacted by Laws 1965, ch. 300.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-15 - Association constitutes a public body corporate.

Upon the filing of each certificate and copy thereof as provided in Section 3-29-17 NMSA 1978, the persons so associating, their successors and those who may thereafter become members of the association constitute a public body corporate by the name set forth in the certificate and by such name may sue and be sued, have capacity to make contracts, acquire, hold, enjoy, dispose of and convey property real and personal, accept grants and donations, borrow money, incur indebtedness, impose fees and assessments and do any other act or thing necessary or proper for carrying out the purposes of their organization.
History:
1953 Comp., § 14-28-15, enacted by Laws 1965, ch. 300; 1967, ch. 45, § 1; 2000, ch. 56, § 3; 2006, ch. 60, § 10.
ANNOTATIONS
The 2006 amendment,
effective March 6, 2006, provided that an association constitutes a public body corporate and may accept grants and donations, borrow money, incur indebtedness, and impose fees and assessments and deleted former Subsection B, which provided for the issuance of bonds by associations.
The 2000 amendment,
effective March 6, 2000, in Subsection B, deleted "of public health" preceding "and the department of finance", inserted "refinancing, refunding", and substituted "warrant" for "warrants" in the second sentence.
Legislative intent
is clear that financing or refinancing could be effected with the joint approval of the department of public health (now department of health) and the department of finance and administration. The new association can assume the bonded indebtedness of the previous corporation subject to the approval of the departments just mentioned. 1961 Op. Att'y Gen. No. 61-44.
Language of section spells out and circumscribes money borrowing powers
of associations either to become indebted or to issue bonds. 1961 Op. Att'y Gen. No. 61-44.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-16 - Certificate of association.

A. The members of an association shall execute a certificate setting forth:
(1) the name of the association;
(2) the name of the individuals organizing the association;
(3) the location of the principal office of the association in this state;
(4) the objects and purposes of the association;
(5) the address of the initial registered office of the association and the name of the initial registered agent at that address;
(6) the plan and manner of acquiring membership and of providing funds or means for the acquisition, construction, improvement and maintenance of its work and for its necessary expenses;
(7) the duration of existence of the association, which may be perpetual;
(8) the number and manner of electing the board of directors of the association and the length of the terms that the directors will serve;
(9) the definition of a member of the association and the voting rights associated with the membership; and
(10) the manner of dissolution of the association as a public body.
B. Pursuant to the registered agent requirement of Paragraph (5) of Subsection A of this section, there shall be attached to the certificate a statement executed by the registered agent in which the agent acknowledges acceptance of the appointment by the filing association, if the agent is an individual, or a statement executed by an authorized officer of a corporation in which the officer acknowledges the corporation's acceptance of the appointment by the filing association as its registered agent, if the agent is a corporation.
C. The certificate or any amendment thereof made as provided in Section 3-29-19 NMSA 1978 may also contain provisions not inconsistent with the Sanitary Projects Act or other law of this state that the organizers may choose to insert for the regulation and conduct of the business and affairs of the association. There shall accompany each certificate a list to show the total number of members of the association and the total number of dwelling units served by the association at the time of filing.
History:
1953 Comp., § 14-28-16, enacted by Laws 1965, ch. 300; 2001, ch. 200, § 2; 2003, ch. 318, § 1; 2006, ch. 60, § 11.
ANNOTATIONS
The 2006 amendment,
effective March 6, 2006, deleted part of Subsection A(6) relating to capital stock, and added Subsections A(9) and A(10).
The 2003 amendment,
effective July 1, 2003, reorganized the section into Subsections A and C and redesignated former Subsections A to H as Paragraphs A(1) to (8); and added present Subsection B.
The 2001 amendment,
effective July 1, 2001, substituted "the principal office of the association" for "its principal office" in Subsection C; inserted Subsection E, redesignated the remaining subsections accordingly; deleted the designation from the final paragraph; and updated the internal reference in the last paragraph.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-17 - Filing of certificate and bylaws.

The certificate of association and bylaws shall be acknowledged as required for deeds of real estate and shall be filed in the office of the secretary of state. A copy of the certificate, duly certified by the secretary of state or county clerk, shall be evidence in all courts and places.
History:
1953 Comp., § 14-28-17, enacted by Laws 1965, ch. 300; 2001, ch. 200, § 3; 2006, ch. 60, § 12; 2013, ch. 75, § 3.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that certificates of association and bylaws be filed with the secretary of state; in the first sentence, after "filed in the office of the" deleted "public regulation commission" and added "secretary of state"; and in the second sentence, after "duly certified by the", deleted "commission" and added "secretary of state".
The 2006 amendment,
effective March 6, 2006, required the bylaws to be acknowledged.
The 2001 amendment,
effective July 1, 2001, inserted "of association" following "The certificate"; and substituted "public regulation commission" for "state corporation commission".
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-17.1 - Registered office and registered agent.

An association shall have and continuously maintain in the state:
A. a registered office, which may be the same as its principal office; and
B. a registered agent that may be:
(1) an individual resident in the state whose business office is identical with the registered office of the association;
(2) a for-profit or not-for-profit domestic corporation having an office identical with the registered office of the association; or
(3) a for-profit or not-for-profit foreign corporation authorized to transact business or conduct affairs in New Mexico and having an office identical with the registered office of the corporation.
History:
Laws 2001, ch. 200, § 4.
ANNOTATIONS
Cross references.
— For corporations generally,
see
Chapter 53 NMSA 1978.
Effective dates.
— Laws 2001, ch. 200, § 101 made the act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-17.3 - Service of process on association.

The registered agent appointed by an association shall be an agent of the association upon whom any process, notice or demand required or permitted by law to be served upon the association may be served. Nothing in this section limits or affects the right for process, notice or demand to be served upon an association in any other manner permitted by law.
History:
Laws 2001, ch. 200, § 6.
ANNOTATIONS
Cross references.
— For civil process,
see
Rule 1-004 NMRA.
Effective dates.
— Laws 2001, ch. 200, § 101 made the act effective July 1, 2001.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-17.4 - Annual report.

A. An association shall file, within the time prescribed by the Sanitary Projects Act, on forms prescribed and furnished by the secretary of state to the association not less than thirty days prior to the date the report is due, an annual report setting forth:
(1) the name of the association;
(2) the address of the registered office of the association in the state and the name of its registered agent in this state at that address;
(3) a brief statement of the character of the affairs that the association is actually conducting; and
(4) the names and respective addresses of the directors and officers of the association.
B. The report shall be signed and sworn to by two of the members of the association. If the association is in the hands of a receiver or trustee, the report shall be executed on behalf of the association by the receiver or trustee. A copy of the report shall be maintained at the association's principal place of business as contained in the report and shall be made available to the general public for inspection during regular business hours.
History:
Laws 2001, ch. 200, § 7; 2006, ch. 60, § 13; 2013, ch. 75, § 5.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that the secretary of state prescribe and furnish annual report forms for associations; and in Subsection A, in the introductory sentence, after "prescribed and furnished by the", deleted "public regulation commission" and added "secretary of state".
The 2006 amendment,
effective March 6, 2006, deleted the requirement that the report state the state or country under the laws of which the association is incorporated in Paragraph (1) of Subsection A.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-18 - Repealed.

History:
1953 Comp., § 14-28-18, enacted by Laws 1965, ch. 300; repealed by Laws 2006, ch. 60, § 20.
ANNOTATIONS
Repeals.
— Laws 2006, ch. 60, § 20 repealed 3-29-18 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to the submission of documents for complying with the Sanitary Projects Act to the department of environment, effective March 6, 2006. For provisions of former section,
see
the 2005 NMSA 1978 on the
NMOneSource.com.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-19 - Amendment of certificate of association and bylaws; method.

Every association may make such amendment, change or alteration to its certificate of association or bylaws as may be desired not inconsistent with the Sanitary Projects Act or other law of this state by a resolution adopted by a vote of a majority of the members present at any regular or special meeting duly held upon such notice as the bylaws provide. A certified copy of such resolution with the affidavit of the president and secretary that the resolution was duly adopted by a majority vote of the members at a meeting held in accordance with the provisions of this section shall be filed and recorded as provided for filing and recording the original certificate of association and bylaws, and thereupon the certificate of association and bylaws shall be deemed to be amended accordingly, and a copy of such certificate of amendment certified by the secretary of state or the county clerk shall be accepted as evidence of each change or amendment in all courts and places.
History:
1953 Comp., § 14-28-19, enacted by Laws 1965, ch. 300; 2006, ch. 60, § 15; 2013, ch. 75, § 6.
ANNOTATIONS
The 2013 amendment,
effective July 1, 2013, required that the secretary of state certify amended certificates of association; and in second sentence, after "certified by the", deleted "public regulation commission" and added "secretary of state".
The 2006 amendment,
effective March 6, 2006, deleted the provision that an association may change its name, capital stock or membership, location of its principle office and period of existence and authorized an association to amend, change or alter its certificate of association or bylaws.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-19.1 - Bylaws.

A. Members shall adopt bylaws by no less than a majority vote of a quorum of the membership of the association setting forth:
(1) the name of the association;
(2) the requirement of an association seal;
(3) the fiscal year of the association;
(4) guidelines for membership, which shall include the sentence "Membership shall not be denied because of the applicant's race, color, creed, national origin or sex.";
(5) guidelines for meetings of the membership, which shall include the date or time period of a membership meeting, required notice of a meeting, establishment of a quorum and the order of business to be conducted at a meeting of the membership;
(6) the functions of the board of directors, including a conflict of interest policy for the board;
(7) the duties of officers of the board of directors; and
(8) provisions for the board of directors to establish rules to govern the day-to-day operations of the project, including a code of conduct for staff and provisions to establish an annual budget, rate structure, assessments and reserve funds.
B. The bylaws, or any amendment thereof made as provided in Section 3-29-19 NMSA 1978, may also contain provisions not inconsistent with the Sanitary Projects Act or other law of this state that the organizers may choose to insert for the regulation and conduct of the business and affairs of the association.
C. The department may prescribe by rule guidelines for bylaws and rules of an association.
History:
Laws 2006, ch. 60, § 17.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 60, § 21 contained an emergency clause and was approved March 6, 2006.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-20.1 - Merger of two or more associations into one association.

Upon approval by vote of a majority of a quorum of each membership, two or more associations may merge into one association pursuant to a plan of merger approved in the manner provided by this section. The board of directors of each association shall, by resolution adopted by each board, approve a plan of merger setting forth:
A. the names of the associations proposing to merge, and the association into which they propose to merge, which is hereinafter designated as the "surviving association";
B. the terms and conditions of the proposed merger, including transfer of assets and liabilities;
C. the manner and basis of converting each association's obligations or other securities into the surviving association;
D. a statement of any changes in the certificate of association of the surviving association to be affected by the merger; and
E. other provisions with respect to the proposed merger as deemed necessary or desirable.
History:
Laws 2006, ch. 60, § 19.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 60, § 21 contained an emergency clause and was approved March 6, 2006.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 29 - Sanitary Projects › Section 3-29-21 - Exemptions from Special District Procedures Act provisions.

An association formed pursuant to the provisions of the Sanitary Projects Act may be formed exclusively as provided in that act, and formation of the association shall be exempt from all review and requirements set forth in the Special District Procedures Act [4-53-1 to 4-53-11 NMSA 1978].
History:
Laws 2006, ch. 60, § 18.
ANNOTATIONS
Emergency clause.
— Laws 2006, ch. 60, § 21 contained an emergency clause and was approved March 6, 2006.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 30 - Municipal Debt; Voting on Question › Section 3-30-2 - Repealed.

History:
1953, Comp., § 14-29-2, enacted by Laws 1965, ch. 300; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 3-30-2 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to nonresident municipal elector, qualifications, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 30 - Municipal Debt; Voting on Question › Section 3-30-3 - Repealed.

History:
1953 Comp., § 14-29-3, enacted by Laws 1965, ch. 300; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 3-30-3 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to nonresident municipal elector, manner of registering to vote on question of creating a municipal debt, certificate of eligibility, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 30 - Municipal Debt; Voting on Question › Section 3-30-4 - Repealed.

History:
1953, Comp., § 14-29-4, enacted by Laws 1965, ch. 300; repealed by Laws 2019, ch. 212, § 284.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 212, § 284 repealed 3-30-4 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to nonresident polling place, duties of the municipal clerk to register nonresident municipal electors, effective April 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 30 - Municipal Debt; Voting on Question › Section 3-30-7 - Canvass of bond election; certification of results; effect.

A. The vote upon each question proposing to issue negotiable bonds shall be canvassed as provided in the Local Election Act [Chapter 1, Article 22 NMSA 1978], and the municipal clerk shall file the certificate of canvass in the official minute book of the municipality.
B. If a majority of those voting on the question favors the creation of the debt, the governing body of the municipality may proceed to issue the negotiable bonds.
History:
1953 Comp., § 14-29-7, enacted by Laws 1965, ch. 300; 1985, ch. 208, § 117; 2018, ch. 79, § 66.
ANNOTATIONS
The 2018 amendment,
effective July 1, 2018, provided that bond elections shall be canvassed pursuant to the provisions of the Local Election Act, and made technical changes; and in Subsection A, deleted "Municipal Election Code" and added "Local Election Act", and after "municipal clerk shall", deleted "certify the results of the election and".
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.
Constitutionality.
— This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs.
City of Raton v. Sproule
, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 170 to 175.
64 C.J.S. Municipal Corporations § 1928.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 30 - Municipal Debt; Voting on Question › Section 3-30-8 - General obligation bonds; issuance; sale; payable.

A. The bonds shall be issued and sold in the manner authorized under Sections 6-15-3 through 6-15-10 NMSA 1978.
B. The bonds shall be of such denomination or denominations and shall be payable at such place or places within or without the state or both, shall be in such form, and otherwise shall bear such terms and conditions, as the governing body may determine, except as otherwise provided by law.
C. Said bonds shall be signed by the mayor and by the clerk, and the coupons appertaining thereto shall be signed by the treasurer.
D. The facsimile signature of the treasurer may be engraved, imprinted, stamped or otherwise reproduced on the coupons.
E. The bonds may be executed in the manner provided by the Uniform Facsimile Signature of Public Officials Act [6-9-1 to 6-9-6 NMSA 1978].
History:
1953 Comp., § 14-29-8, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For destruction of documentary evidence of extinguished public debt,
see
6-10-62 NMSA 1978.
Constitutionality.
— This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs.
City of Raton v. Sproule
, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.
Bonds invalid where statutory election procedure not followed.
— Because the board of trustees, in holding an election to determine the issuance of bonds, did not follow the procedure prescribed by statute, the bonds authorized at such election were invalid.
Lanigan v. Town of Gallup
, 1913-NMSC-024, 17 N.M. 627, 131 P. 997.
Sale of general obligation bonds below par and accrued interest was illegal.
Stone v. City of Hobbs
, 1950-NMSC-032, 54 N.M. 237, 220 P.2d 704.
Bonds not invalidated by sale by successor officers.
— Bonds signed by the proper officers in office at the date of execution of the same were not invalidated by fact that the sale of the bonds was not concluded by such officers, but by their successors.
City of Albuquerque v. Water Supply Co
., 1918-NMSC-088, 24 N.M. 368, 174 P. 217.
Refunding.
— A municipality in refunding part of a single issue of water bonds, redeemable before maturity, may exercise its discretion in selecting bonds to be refunded.
Town of Alamogordo v. Beall
, 1937-NMSC-003, 41 N.M. 93, 64 P.2d 384.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 182 to 217.
Bid for municipal bond issue, rights and obligations arising out of, 139 A.L.R. 1047.
Sale of municipal or other public bonds at less than par or face value, 162 A.L.R. 396.
64 C.J.S. Municipal Corporations §§ 1930, 1935, 1941.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 30 - Municipal Debt; Voting on Question › Section 3-30-9 - Pledge of full faith and credit.

The full faith and credit of the municipality shall be pledged to the payment of the negotiable bonds. The governing body shall levy and collect, upon all the taxable property within the municipality subject to taxation, such taxes as are necessary to pay the interest on and the principal of the negotiable bonds as the interest and principal become due, without limitation as to rate or amount. The municipality may pay the principal of and interest on any general obligation bonds from any available revenues, and the levy or levies of taxes may be diminished to the extent such other revenues are available for the payment of such principal and interest.
History:
1953 Comp., § 14-29-9, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Constitutionality.
— This section does not fall within constitutional prohibition against special or local laws regulating precinct affairs.
City of Raton v. Sproule
, 1967-NMSC-141, 78 N.M. 138, 429 P.2d 336.
Mandamus to compel tax levy.
— In an action of mandamus to compel levy and collection of tax to pay bonds, where the only denial of validity of the bonds was based upon a misunderstanding of the requirements in regard to their issue, mandamus would lie to compel a tax levy without first reducing the bonds to judgment.
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.
— 64 Am. Jur. 2d Public Securities and Obligations §§ 399 to 412.
Injunction against enforcement of illegal municipal tax, upon joinder of several affected thereby, 156 A.L.R. 319.
Right of holder of bond to full or pro rata payment when fund out of which obligation is payable is insufficient to pay all obligations of equal value, 171 A.L.R. 1033.
64 C.J.S. Municipal Corporations § 1997.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 31 - Revenue Bonds › Section 3-31-1.1 - Definitions.

As used in Chapter 3, Article 31 NMSA 1978:
A. "bond" means any obligation of a municipality issued under Chapter 3, Article 31 NMSA 1978, whether designated as a bond, note, loan, warrant, debenture, lease-purchase agreement or other instrument evidencing an obligation of a municipality to make payments;
B. "gasoline tax revenue" means all or portions of the amounts of tax revenues distributed to municipalities pursuant to Sections 7-1-6.9 and 7-1-6.27 NMSA 1978;
C. "gasoline tax revenue bonds" means the bonds authorized by Subsection E of Section 3-31-1 NMSA 1978;
D. "gross receipts tax revenue" means the amount of money distributed to a municipality pursuant to Section 7-1-6.4 NMSA and transferred to a municipality pursuant to Section 7-1-6.12 NMSA 1978 for any municipal gross receipts tax imposed pursuant to the Municipal Local Option Gross Receipts Taxes Act [Chapter 7, Article 19D NMSA 1978];
E. "gross receipts tax revenue bonds" means the bonds authorized by Subsection D of Section 3-31-1 NMSA 1978;
F. "joint utility revenue bonds" or "joint utility bonds" means the bonds authorized by Subsection C of Section 3-31-1 NMSA 1978;
G. "pledged revenues" means the revenues, net income or net revenues authorized to be pledged to the payment of revenue bonds as specifically provided in Chapter 3, Article 31 NMSA 1978;
H. "project revenue bonds" means the bonds authorized by Subsection F of Section 3-31-1 NMSA 1978; and
I. "utility revenue bonds" or "utility bonds" means the bonds authorized by Subsection B of Section 3-31-1 NMSA 1978.
History:
1978 Comp., § 3-31-1.1, enacted by Laws 2019, ch. 274, § 2.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 274, § 17 made Laws 2019, ch. 274, § 2 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 31 - Revenue Bonds › Section 3-31-2 - Use of proceeds of bond issue.

It is unlawful to divert, use or expend any money received from the issuance of bonds for any purpose other than the purpose for which the bonds were issued.
History:
1953 Comp., § 14-30-2, enacted by Laws 1965, ch. 300.
ANNOTATIONS
Cross references.
— For use of municipal utility revenue,
see
3-23-4 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 64 C.J.S. Municipal Corporations § 1934.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 31 - Revenue Bonds › Section 3-31-3 - Revenue bonds; terms.

Municipal revenue bonds:
A. may have interest, appreciated principal value or any part thereof payable at intervals or at maturity as may be determined by the governing body;
B. may be subject to a prior redemption at the municipality's option at such time or times and upon such terms and conditions with or without the payment of such premium or premiums as may be determined by the governing body;
C. may mature at any time or times not exceeding fifty years after the date of issuance, except municipal revenue bonds issued for reconstructing, resurfacing or repairing existing streets, which may mature at any time or times not exceeding twenty years after the date of issuance;
D. may be serial in form and maturity or may consist of one bond payable at one time or in installments or may be in such other form as may be determined by the governing body;
E. shall be sold for cash at above or below par and at a price that results in a net effective interest rate that does not exceed the maximum permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; and
F. may be sold at public or negotiated sale.
History:
1953 Comp., § 14-30-3, enacted by Laws 1965, ch. 300; 1969, ch. 217, § 2; 1972, ch. 81, § 4; 1979, ch. 311, § 2; 1983, ch. 108, § 1; 1985, ch. 86, § 2; 1989, ch. 355, § 1; 1995, ch. 141, § 2.
ANNOTATIONS
The 1995 amendment,
effective April 5, 1995, deleted "in the ordinance" at the end of Subsection A, substituted "determined by the governing body" for "provided by ordinance" in Subsection B, and made minor stylistic changes in Subsection E.
2023 New Mexico Statutes › Chapter 3 - Municipalities › Article 31 - Revenue Bonds › Section 3-31-3.1 - Exemption from taxation.

The bonds authorized by Chapter 3, Article 31 NMSA 1978 and the income from the bonds or any mortgages or other instruments executed as security for the bonds shall be exempt from all taxation by the state or any political subdivision of the state.
History:
Laws 2001, ch. 126, § 1.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 126 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.