reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55D - Improvement Special Assessment › Section 4-55D-6 - Delinquent special assessment payments; enforcement of special assessment liens.

A. Delinquent payments due on a special assessment incur interest and penalties as specified in the special assessment financing agreement.
B. Delinquent payments due on a special assessment shall be enforced in the event of a nonpayment of the special assessment or installment thereto.
C. Delinquent payments due on a special assessment have the effect of a mortgage and shall be foreclosed and sold in the manner provided by law for the foreclosure of mortgages on real estate.
D. The holder of a special assessment assignable certificate may institute proceedings to foreclose the special assessment lien against the property that is delinquent in the payment of the special assessment or installment of a special assessment for a period of more than one year.
E. The capital provider may sell or assign for consideration any and all special assessment liens received from the county. The capital provider or its assignee shall have and possess the same powers and rights at law or in equity to enforce the special assessment lien in the same manner as described in Subsections C and D of this section.
History:
Laws 2023, ch. 150, § 6.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 150 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55D - Improvement Special Assessment › Section 4-55D-7 - Special assessment financing.

A. Special assessment financing shall be provided by capital providers and disbursed directly by capital providers to fund eligible improvements subject to a special assessment financing agreement.
B. A county is not liable in any way for the debt of the property owner, is not a third-party obligor and is not pledging or lending its credit to the property owner or the capital provider.
History:
Laws 2023, ch. 150, § 7.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 150 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55D - Improvement Special Assessment › Section 4-55D-8 - Eligible costs; additional criteria prohibited.

A. Costs capitalized into the special assessment financing principal amount may include:
(1) the cost of materials and labor necessary for installation or modification of an eligible improvement;
(2) permit fees;
(3) inspection fees;
(4) capital provider's fees;
(5) program administrative fees;
(6) project development and engineering fees;
(7) third-party review fees, including verification review fees;
(8) capitalized interest;
(9) interest reserves;
(10) escrow for prepaid property taxes and insurance; and
(11) any other fees or costs that may be incurred by the property owner incident or ancillary to the installation, modification or improvement on a specific or pro rata basis.
B. A property may be eligible for financing if otherwise qualified improvements were completed and operational no more than thirty-six months prior to submission of the application to the local government.
C. A county or program administrator shall not require property owners or capital providers to access administrative services from the county or program administrator other than those provided for in the Improvement Special Assessment Act.
D. Program administrative fees shall reflect the reasonable costs of the county or program administrator to provide administrative services for the program but shall not exceed the lesser of one percent of the principal amount of the special assessment financing or twenty-five thousand dollars ($25,000).
History:
Laws 2023, ch. 150, § 8.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 150 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55D - Improvement Special Assessment › Section 4-55D-9 - Program guidebook; program administrator.

A. The department shall develop and make available on its website within ninety days of the effective date of the Improvement Special Assessment Act the program guidebook governing the terms and conditions under which financing for special assessments may be made available through the program. The program guidebook shall include:
(1) forms for the uniform assessment documents;
(2) a statement that the term of the special assessment financing agreement shall not exceed thirty years;
(3) a statement explaining the application process and eligibility requirements for participation in the program, consistent with Section 4 [4-55D-4 NMSA 1978] of the Improvement Special Assessment Act;
(4) a statement explaining the consent requirement provided in Section 4 of the Improvement Special Assessment Act; and
(5) a statement explaining the engineer certification requirement set forth in Section 4 of the Improvement Special Assessment Act.
B. The department may elect to serve as a program administrator and may contract with a third party to assist with administration. In the event the department or its contracted third party provides administrative services for the program, counties establishing a program pursuant to the Improvement Special Assessment Act shall designate the department or its contracted third party as program administrator in addition to any other program administrator designated by the county.
C. The board of county commissioners may authorize a department or official of the county as program administrator pursuant to the county ordinance and may contract with a third party to assist with the administration of the program.
D. Any combination of counties may agree to jointly administer a program pursuant to a memorandum of understanding. Any combination of counties may also agree to jointly administer a program pursuant to an agreement under the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978], notwithstanding that the secretary of finance and administration shall not approve more than one joint powers agreement for the administration of a single program.
History:
Laws 2023, ch. 150, § 9.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 150 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 55D - Improvement Special Assessment › Section 4-55D-10 - Immunity.

Nothing in the Improvement Special Assessment Act shall be interpreted to pledge, offer or encumber the full faith and credit of a county.
History:
Laws 2023, ch. 150, § 10.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 150 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 16, 2023, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 56 - Refuse; Collection and Disposal › Section 4-56-1 - Definitions.

As used in this act [4-56-1 to 4-56-3 NMSA 1978]:
A. "garbage" includes all waste food, swill, carrion, slops and all waste from the preparation, cooking and consumption of food and from the handling, storage and sale of food products and the carcasses of animals;
B. "rubbish" includes all junked parts or bodies of automobiles, waste paper, paper cartons, tree branches, yard trimmings, discarded furniture, tin cans, dirt, ashes, bottles and all other unwholesome material of every kind not included as garbage; and
C. "refuse" includes garbage and rubbish.
History:
1953 Comp., § 15-57-1, enacted by Laws 1967, ch. 79, § 1.
ANNOTATIONS
Cross references.
— For the Refuse Disposal Act,
see
4-52-1 NMSA 1978 et seq.
For collection and disposal of refuse by municipalities,
see
3-48-1 NMSA 1978 et seq.
Counties may provide for refuse collection and disposal
under this article without regard for 4-52-1 NMSA 1978 et seq. 1971 Op. Att'y Gen. No. 71-24.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 56 - Refuse; Collection and Disposal › Section 4-56-2 - County may collect and dispose of all refuse.

A. A county may establish and maintain, manage and supervise a system of storage, collection and disposal of all refuse. The board of county commissioners may appropriate money for:
(1) the lease, purchase or condemnation of such lands or rights-of-way as are necessary for the storage, collection and disposal of refuse;
(2) the planning, construction, improvement, operation and maintenance of such structures and equipment as may be necessary for the storage, collection and disposal of refuse;
(3) the compensation of the necessary employees;
(4) the payment of the cost of contracting on behalf of the county for the collection and disposal of refuse by any firm, corporation or individual.
History:
1953 Comp., § 15-57-2, enacted by Laws 1967, ch. 79, § 2.
ANNOTATIONS
Compiler's notes.
— This section, as enacted, contained no Subsection B.
Cross references.
— For article, "The New Mexico Solid Waste Act: A Beginning For Control of Municipal Solid Waste in the Land of Enchantment,"
see
21 N.M.L. Rev. 167 (1990).
2023 New Mexico Statutes › Chapter 4 - Counties › Article 56 - Refuse; Collection and Disposal › Section 4-56-3 - Authority of board of county commissions [commissioners] to administer.

A. The board of county commissioners in any county establishing a system of collection and disposal of refuse may acquire by purchase, gift, grant, bequest, devise or through condemnation proceedings, in the manner provided in Sections 42-1-1 through 42-2-21 NMSA 1978, such lands and rights-of-way as are necessary for the exercise of any authorized function of the county in the collection and disposal of refuse.
B. The board of county commissioners may execute contracts on behalf of the county with any municipality or other county for the joint operation of any refuse collection system and sanitary landfill or other disposal method.
C. The board of county commissioners may determine that the collection and disposal of refuse is in the interest of public health, safety and welfare, and regulate such collection and disposal within the county.
D. The board of county commissioners may receive all grants or assistance from and cooperate with county, municipal, state and federal agencies in carrying out the purpose and function of the collection and disposal of refuse.
E. If the board of county commissioners has acted under this section to establish one or more sanitary landfill sites and is regulating the disposal of refuse in the county, it may establish, assess and collect fees from persons using the refuse disposal sites.
F. If the board of county commissioners has acted under this section to establish a system of collection and disposal of refuse and is regulating the collection and disposal of refuse, it may establish, assess and collect fees from persons who use the disposal system in order to pay the necessary costs of the refuse collection and disposal system. Before taking final action on the establishment of a system of fees, the board of county commissioners shall give at least twenty days' notice of the meeting at which final action to establish a system of fees is to be taken and shall publish that notice once in a newspaper of general circulation in the county at least fifteen days prior to the meeting.
G. The board of county commissioners shall consult with and coordinate solid waste disposal activities with the local health department.
History:
1953 Comp., § 15-57-3, enacted by Laws 1967, ch. 79, § 3; 1971, ch. 124, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For eminent domain and condemnation generally,
see
N.M. Const., art. II, § 20 and 42A-1-1 NMSA 1978 et seq.
Compiler's notes.
— Sections 42-1-1 through 42-1-39 NMSA 1978 were repealed by Laws 1981, ch. 125, § 62, and 42-1-40 NMSA 1978 was recompiled as 42A-1-31 NMSA 1978 by Laws 1981, ch. 125, § 60. For present provisions concerning condemnation proceedings generally,
see
42A-1-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 57 - Planning Commission › Section 4-57-1 - Creation of planning commission.

Any county may by ordinance establish a planning commission. A county planning commission shall consist of not less than five (5) members who shall be appointed by the county commission. Administrative officials of the county may be appointed as ex-officio nonvoting members of the planning commission.
History:
1953 Comp., § 15-58-1, enacted by Laws 1967, ch. 150, § 1.
ANNOTATIONS
Cross references.
— For the Planning District Act,
see
4-58-1 NMSA 1978 et seq.
For municipal planning,
see
3-19-1 NMSA 1978 et seq.
For planning and platting of subdivisions,
see
3-20-1 NMSA 1978 et seq.
For the Regional Planning Act,
see
3-56-1 NMSA 1978 et seq.
Law reviews.
— For note, "County Regulation of Land Use and Development," see 9 Nat. Resources J. 266 (1969).
For article, "Existing Legislation and Proposed Model Flood Plain Ordinance for New Mexico Municipalities," see 9 Nat. Resources J. 629 (1969).
For note, "Subdivision Planning Through Water Regulation in New Mexico," see 12 Nat. Resources J. 286 (1972).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 83 Am. Jur. 2d Zoning and Planning § 54.
20 C.J.S. Counties § 39; 101 C.J.S. Zoning § 9.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 57 - Planning Commission › Section 4-57-2 - Powers and duties of commission.

A. A county planning commission shall have such powers as are necessary and proper to carry out and promote county planning. Such planning shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare as well as efficiency and economy in the process of development.
B. A county planning commission may:
(1) make reports and recommendations for the planning and development of the county to any other individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency of the state or any other legal entity or their legal representatives, agents or assigns;
(2) recommend to the administrative and governing officials of the county, programs for public improvements and their financing.
History:
1953 Comp., § 15-58-2, enacted by Laws 1967, ch. 150, § 2.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 57 - Planning Commission › Section 4-57-3 - Planning jurisdiction.

Each county shall have exclusive planning jurisdiction within its county boundary except as to any area exclusively within the planning and platting jurisdiction of a municipality and except as to those areas where a county and a municipality may have concurrent jurisdiction, as now or may hereinafter be provided by law.
History:
1953 Comp., § 15-58-3, enacted by Laws 1967, ch. 150, § 3.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 58 - Planning Districts › Section 4-58-1 - Short title.

This act [4-58-1 to 4-58-6 NMSA 1978] may be cited as the "Planning District Act".
History:
1953 Comp., § 15-59-1, enacted by Laws 1973, ch. 298, § 1.
ANNOTATIONS
Cross references.
— For county planning commissions,
see
4-57-1 to 4-57-3 NMSA 1978.
For the Regional Planning Act,
see
3-56-1 NMSA 1978 et seq.
For the Executive Planning Act,
see
9-14-1 et seq.
For the Joint Powers Agreements Act,
see
11-1-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 58 - Planning Districts › Section 4-58-2 - Purpose.

The purpose of the Planning District Act is to establish state grants-in-aid for financial assistance to designated planning and development districts as created by executive order of the governor and which presently consist of:
A. district 1, consisting of San Juan, McKinley and Cibola counties;
B. district 2, consisting of Rio Arriba, Santa Fe, Taos, Los Alamos, Colfax, Mora and San Miguel counties;
C. district 3, consisting of Sandoval, Bernalillo, Valencia and Torrance counties;
D. district 4, consisting of Union, Harding, Quay, Curry, Roosevelt, Guadalupe and De Baca counties;
E. district 5, consisting of Catron, Hidalgo, Luna and Grant counties;
F. district 6, consisting of Lincoln, Otero, Chaves, Eddy and Lea counties; and
G. district 7, consisting of Socorro, Sierra and Dona Ana counties.
History:
1953 Comp., § 15-59-2, enacted by Laws 1973, ch. 298, § 2; 1989, ch. 35, § 1.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 58 - Planning Districts › Section 4-58-3 - Limitation.

Nothing in the Planning District Act shall be construed to change or conflict with the status of economic development districts, regional and metropolitan planning commissions or councils of governments established heretofore under the Regional Planning Act [3-56-1 to 3-56-9 NMSA 1978] or the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978].
History:
1953 Comp., § 15-59-3, enacted by Laws 1973, ch. 298, § 3.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 58 - Planning Districts › Section 4-58-4 - Recognized regional councils.

A. The governing board of any existing economic development district or council of government is the regional council of the initial planning and development district. No regional council of a planning and development district shall be recognized unless the membership of its governing board complies with the provisions of Subsection B of this section.
B. In order to qualify for the benefits of the provisions of the Planning District Act, the regional council of a planning and development district shall be officially designated by the governor; shall have a governing board of at least fifty percent elected officials of local or county governments and the remainder of the members shall represent economic development organizations and organizations broadly representative of diverse community interests.
C. The operations of regional councils of planning and development districts shall be solely within the discretion and control of the governing boards.
D. Qualification as a regional council and eligibility for grants-in-aid provisions of the Planning District Act shall terminate with respect to any regional council that uses state funds for any purpose not within the intent and purposes of the Planning District Act and shall not be restored until the regional council makes restitution for any misused funds and furnishes proof of compliance with respect to future operations.
History:
1953 Comp., § 15-59-4, enacted by Laws 1973, ch. 298, § 4.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 58 - Planning Districts › Section 4-58-5 - State grants-in-aid authorized.

A. The secretary of the department of finance and administration may, from time to time, make grants-in-aid to officially recognized regional councils of planning and development districts from funds appropriated for that purpose. Payments shall be scheduled as nearly as possible to begin on July 1 of each fiscal year and on the first day of each calendar quarter thereafter.
B. Funds appropriated for grants-in-aid to recognized regional councils of planning and development districts shall be allocated, in equal shares, among the initial seven recognized planning and development districts. If any changes occur in the district boundaries of any of the initial seven districts, allocations of appropriated funds shall be made to the districts in accordance with equitable criteria established by the department of finance and administration and filed under the State Rules Act [Chapter 14, Article 4 NMSA 1978] prior to establishment of the changes.
History:
1953 Comp., § 15-59-5, enacted by Laws 1973, ch. 298, § 5; 1977, ch. 247, § 144; 1983, ch. 296, § 13.
ANNOTATIONS
Cross references.
— For planning powers and duties of the secretary of the department of finance and administration,
see
9-6-5.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 58 - Planning Districts › Section 4-58-6 - Conditions of grants-in-aid.

A. Whenever funds are appropriated to be used for making grants-in-aid authorized in the Planning District Act, the secretary of the department of finance and administration shall notify the respective boards of directors of the regional councils of the amount allocated to the district and shall notify the regional council that applications for grants-in-aid may be made upon forms provided by the secretary. Upon receipt of the application, the secretary shall determine that:
(1) the regional council applying for a grant-in-aid is officially recognized for a designated district;
(2) the governing board of the regional council certifies that a budget has been adopted for the expenditure of state and local funds for purposes consistent with the Planning District Act;
(3) the regional council has obtained nonfederal matching funds or services, or both, from local governments or private sources at least equal to the amount of the state grant-in-aid. The president or treasurer of the board of directors of the regional council shall certify from time to time that the matching funds from local or private sources are on deposit to the organization's own account before quarterly payment of a state grant-in-aid is made to the regional council; and
(4) at the end of each fiscal year, an audited report of expenditures of the regional council will be submitted to the secretary, that any state funds unexpended on June 30 each year will revert to the general fund and that, if the regional council has used any state funds for any purpose not within the purposes of the Planning District Act, the amount shall be reimbursed to the state.
B. The secretary shall review any application for a grant-in-aid, and if it is determined that the regional council is qualified to receive money under the Planning District Act, the grant-in-aid shall be paid to the regional council on a dollar-for-dollar matching basis of funds or services, or both, provided from local or private nonfederal sources, but the total of all grants-in-aid within a planning and development district shall not exceed the amount allocated to that district for the fiscal year. All or part of the state and local funds or services, or both, may be used to qualify for matching federal funds to be used for the purposes of the Planning District Act. If any planning and development district does not qualify for the total amount of grants-in-aid allocated to it during any fiscal year because of the lack of required matching funds or services, or both, from nonfederal local or private sources, the amount thereof for which the district does not qualify shall revert to the state general fund and shall not be apportioned for payment to any other district.
History:
1953 Comp., § 15-59-6, enacted by Laws 1973, ch. 298, § 6; 1977, ch. 247, § 145; 1983, ch. 296, § 14.
ANNOTATIONS
Cross references.
— For planning powers and duties of the secretary of the department of finance and administration,
see
9-6-5.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-1 - Short title.

Chapter 4, Article 59 NMSA 1978 may be cited as the "County Industrial Revenue Bond Act".
History:
1953 Comp., § 15-60-1, enacted by Laws 1975, ch. 286, § 1; 1997, ch. 216, § 3; 1997, ch. 226, § 3.
ANNOTATIONS
Cross references.
— For Industrial Revenue Bond Act,
see
3-32-1 NMSA 1978 et seq.
For article, "New Mexico Taxes: Taking Another Look",
see
32 N.M.L. Rev. 351 (2002).
1997 amendments.
— Identical amendments to this section were enacted by Laws 1997, ch. 216, § 3 and Laws 1997, ch. 226, § 3, both effective June 20, 1997, which substituted "Chapter 4, Article 59 NMSA 1978" for "This act". The section is set out as amended by Laws 1997, ch. 226, § 3.
See
12-1-8 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Eminent domain: industrial park or similar development as public use justifying condemnation of private property, 62 A.L.R.4th 1183.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-3 - Legislative intent.

It is the intent of the legislature by the passage of the County Industrial Revenue Bond Act to authorize counties to acquire, own, lease or sell projects for the purpose of promoting industry and trade by inducing manufacturing, industrial and commercial enterprises to locate or expand in this state, promoting the use of the agricultural products and natural resources of this state and promoting a sound and proper balance in this state between agriculture, commerce and industry. Further, it is the intent of the legislature that counties may be able to promote the local health and general welfare by inducing nonprofit corporations engaged in health care services and 501(c)(3) corporations to locate, relocate, modernize or expand in this state and by inducing mass transit or other transportation activities, industrial parks, office headquarters and research and development activities to locate or expand in this state. It is intended that each project be self-liquidating. It is not intended that any county itself be authorized to operate any manufacturing, industrial or commercial enterprise or any nonprofit corporation engaged in health care services or any 501(c)(3) corporation or industrial parks, office headquarters or research and development facilities.
History:
1953 Comp., § 15-60-3, enacted by Laws 1975, ch. 286, § 3; 2002, ch. 25, § 5; 2002, ch. 37, § 5.
ANNOTATIONS
Cross references.
— For definition of "501(c)(3) corporations",
see
4-59-2 NMSA 1978.
2002 amendments.
— Identical amendments to this section were enacted by Laws 2002, ch. 25, § 5 and Laws 2002, ch. 37, § 5, effective May 15, 2002, inserting "and 501(c)(3) corporations" in the second sentence, and inserting "or any 501(c)(3) corporation" in the last sentence. This section was set out as amended by Laws 2002, ch. 37, § 5.
See
12-1-8 NMSA 1978.
County to pay bonds from sale or lease of projects.
— No provision of this article would indicate that a county may generate revenues to pay bonds from any source other than the sale or lease of "projects." 1981 Op. Att'y Gen. No. 81-19.
County not authorized to make loans to farmers and ranchers.
— Although the promotion of agriculture and ranching may well be within the intended purpose of this section, it is not intended that a county be authorized to issue agricultural development revenue bonds to provide funds to make loans to farmers and ranchers, regardless of how such a bond program may be structured. 1981 Op. Att'y Gen. No. 81-19.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-4.1 - Notice.

A. Prior to adopting an ordinance issuing county industrial revenue bonds, a county shall give notice to the county assessor and any entity located within the county authorized to levy taxes on property in the county of its intent to consider the matter. The county assessor and entities authorized to levy taxes shall be notified by certified mail, return receipt requested, at least thirty calendar days prior to the meeting at which final action is to be taken so that comments can be transmitted to the county. The notice shall include the amount, the purpose and the time period of the proposed industrial revenue bonds.
B. The county assessor and entities authorized to levy taxes shall be able to forward their comments and any concerns to the board of county commissioners, but there is no approval required from the county assessor or entities authorized to levy taxes and they do not have veto over the proposed county industrial revenue bond issuance.
C. The county and entities authorized to levy taxes shall jointly develop criteria for issuance of industrial revenue bonds; provided, however, that county industrial revenue bonds may be authorized and issued before development of the criteria is completed.
D. The county shall notify the board of county commissioners, the county assessor and any entity levying taxes on property in the county when an industrial revenue bond has matured, expired or been replaced by a refunding bond.
History:
Laws 1997, ch. 216, § 4; 1997, ch. 226, § 4; 2003, ch. 221, § 4; 2011, ch. 80, § 1; 2011, ch. 82, § 1.
ANNOTATIONS
The 2011 amendment,
effective June 17, 2011, required counties to give all entities authorized to levy taxes in the county notice of the amount, purpose and time period of proposed industrial revenue bonds.
Laws 2011, ch. 80, § 1 and Laws 2011, ch. 82, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2011, ch. 82, § 1.
See
Section 12-1-8 NMSA 1978.
The 2003 amendment,
effective June 20, 2003, in the section heading, deleted "Class A county" at the beginning, and substituted "and county assessor" for "over two hundred thousand" at the end; in Subsection A, deleted "class A" following "revenue bonds, a", substituted "the county assessor and the largest municipality" for "a municipality with a population in excess of two hundred thousand" following "give notice to", inserted "county assessor and the" following "the matter. The", deleted "by the municipality" near the end; in Subsection B, inserted "county assessor and the" near the beginning, substituted "their" for "its" following "able to forward", substituted "or the county assessor and they do" for "and the municipality does" following "from the municipality"; and added Subsection D.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-4.2 - Electric transmission projects; payments to the state.

A person proposing an electric transmission facility project pursuant to Paragraph (2) of Subsection A of Section 4-59-4 NMSA 1978 shall pay to the state annual payments equal to five percent of the total amount of in-lieu tax payments to be made in that calendar year by such person to counties, municipalities and other local entities authorized to levy taxes on property, including in-lieu tax payments made to school districts pursuant to Paragraph (2) of Subsection A of Section 4-59-4 NMSA 1978, and five percent of the value of any other consideration related to the project paid to local entities authorized to levy taxes on property by a person proposing an electric transmission project. A copy of any agreement providing for such in-lieu tax payments shall be provided to the secretary of finance and administration within thirty days of written approval of such agreement by all of the parties. Each annual payment to the state shall be made no later than the end of each fiscal year in which in-lieu tax payments are made to local taxing entities. Each annual payment shall be made to the department of finance and administration for deposit to the general fund.
History:
Laws 2020, ch. 14, § 6; 2021, ch. 91, § 4.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, clarified that certain payments to the state for an electric transmission project shall be made by the person proposing the electric transmission project; and deleted "The state shall receive" and added "A person proposing an electric transmission facility project pursuant to Paragraph (2) of Subsection A of Section 4-59-4 NMSA 1978 shall pay to the state", after "total amount of in-lieu tax payments", added "to be", after "made", added "in that calendar year by such person", and after "any other consideration", added "related to the project".
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-6 - Security for bonds.

A. The principal of and interest on any bonds issued under the authority of the County Industrial Revenue Bond Act:
(1) shall be secured by a pledge of the revenues out of which such bonds shall be made payable;
(2) may be secured by a mortgage covering all or any part of the project from which the revenues so pledged may be derived; and
(3) may be secured by a pledge of the lease of such project.
B. The ordinance and proceedings under which such bonds are authorized to be issued or any such mortgage may contain any agreement and provisions customarily contained in instruments securing bonds, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of all revenues from any project covered by such proceedings or mortgage, the terms to be incorporated in the lease of such project, the maintenance and insurance of such project, the creation and maintenance of special funds from the revenues from such project and the rights and remedies available in event of default to the bondholders or to the trustee under a mortgage, all as the governing body shall deem advisable and as shall not be in conflict with the provisions of the County Industrial Revenue Bond Act.
C. In making any such agreements or provisions, a county shall not have the power to obligate itself except with respect to the project and the application of the revenues therefrom, and shall not have the power to incur a pecuniary liability or a charge upon its general credit or against its taxing powers. The proceedings authorizing any bonds and any mortgage securing such bonds may provide the procedure and remedies in the event of default in payment of the principal of or the interest on such bonds or in the performance of any agreement. No breach of any such agreement shall impose any pecuniary liability upon a county or any charge upon its general credit or against its taxing powers.
History:
1953 Comp., § 15-60-6, enacted by Laws 1975, ch. 286, § 6.
ANNOTATIONS
Cross references.
— For use of proceeds of bonds,
see
4-59-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-7 - Requirements respecting lease.

Prior to the leasing of any project, the commission must determine and find the following:
A. the amount necessary in each year to pay the principal of and the interest on the bonds proposed to be issued to finance such project; and
B. the amount necessary to be paid each year into any reserve funds which the commission may deem it advisable to establish in connection with the retirement of the proposed bonds and the maintenance of the project; and unless the terms under which the project is to be leased provide that the lessee shall maintain the project and carry all proper insurance with respect to it, the estimated cost of maintaining the project in good repair and keeping it properly insured. The determinations and findings of the commission required to be made in this subsection shall be set forth in the proceedings under which the proposed bonds are to be issued, and, prior to the issuance of such bonds, the county shall lease or sell the project to a lessee or purchaser under an agreement conditioned upon completion of the project and providing for payment to the county of such rentals or payments as, upon the basis of such determinations and findings, will be sufficient:
(1) to pay the principal of and interest on the bonds issued to finance the project;
(2) to build up and maintain any reserve deemed by the commission to be advisable in connection with the project; and
(3) to pay the costs of maintaining the project in good repair and keeping it properly insured, unless the agreement of lease obligates the lessee to pay for the maintenance and insurance of the project.
History:
1953 Comp., § 15-60-7, enacted by Laws 1975, ch. 286, § 7.
ANNOTATIONS
Cross references.
— For leasing of projects generally,
see
4-59-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-8 - Refunding bonds.

Any bonds issued hereunder and at any time outstanding may at any time and from time to time be refunded by a county by the issuance of its refunding bonds in such amount as the commission may deem necessary but not exceeding any amount sufficient to refund the principal of the bonds to be refunded, together with any unpaid interest and any premiums and commissions necessary to be paid in connection with them. Any such refunding may be effected whether the bonds to be refunded have matured or mature thereafter, either by sale of the refunding bonds and the application of the proceeds for the payment of the bonds to be refunded, or by exchange of the refunding bonds for the bonds to be refunded. The holders of any bonds to be refunded shall not be compelled without their consent to surrender their bonds for payment or exchange prior to the date on which they are payable, or, if they are called for redemption, prior to the date on which they are by their terms subject to redemption. Any refunding bonds issued under the authority of the County Industrial Revenue Bond Act shall be payable solely from the revenues out of which the bonds to be refunded were payable, and shall be subject to the provisions contained in Section 5 [4-59-5 NMSA 1978] of the County Industrial Revenue Bond Act, and may be secured in accordance with the provisions of Section 6 [4-59-6 NMSA 1978] of the County Industrial Revenue Bond Act.
History:
1953 Comp., § 15-60-8, enacted by Laws 1975, ch. 286, § 8.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-9 - Use of proceeds from sale of bonds.

The proceeds from the sale of any bonds issued under authority of the County Industrial Revenue Bond Act shall be applied only for the purpose for which the bonds were issued; any accrued interest and premiums received in any such sale shall be applied to the payment of the principal of or the interest on the bonds sold. If for any reason any portion of such proceeds shall not be needed for the purpose for which the bonds were issued, then such balance of such proceeds shall be applied to the payment of the principal of or the interest on the bonds. Any portion of the proceeds from the sale of the bonds or any accrued interest and premium received in any such sale, may, in the event the money will not be needed or cannot be effectively used to the advantage of the county for the purposes herein provided, be invested in short-term, interest-bearing securities if such investment will not interfere with the use of such funds for the primary purpose as herein provided. The cost of acquiring any project shall include the following:
A. the actual cost of the construction of any part of a project which may be constructed, including architects', attorneys' and engineers' fees;
B. the purchase price of any part of a project that may be acquired by purchase;
C. the actual cost of the extension of any utility to the project site, all expenses in connection with the authorization, sale and issuance of the bonds to finance such acquisition; and
D. the interest on such bonds for a reasonable time prior to construction, during construction and not exceeding six months after completion of construction.
History:
1953 Comp., § 15-60-9, enacted by Laws 1975, ch. 286, § 9.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-9.1 - Procedure for issuing industrial revenue bonds or refunding bonds.

Prior to the issuance of industrial revenue bonds or refunding bonds for acquisition or improvement of a water utility or a joint water utility, New Mexico public utility commission approval, as required by the Public Utility Act [Chapter 62, Articles 1 to 6 and 8 to 13 NMSA 1978], shall be obtained. H class counties shall obtain New Mexico public utility commission approval as required by Section 3-23-3 NMSA 1978.
History:
1978 Comp., § 4-59-9.1, enacted by Laws 1992, ch. 11, § 2; 1993, ch. 282, § 13.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "New Mexico public utility commission" for "New Mexico public service commission" in both sentences.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-10 - No contribution by county.

No county shall have the power to pay out of its general funds or otherwise contribute any part of the costs of acquiring a project, and shall not have the power to use land, already owned by the county or in which the county has an equity, for construction of a project or any part of it, unless the county is fully reimbursed for the value of the land as may be determined by a current appraisal or unless the county leases the land at an annual rental fee of not less than five percent of the appraised value. The entire cost of acquiring any project must be paid out of the proceeds from the sale of bonds issued under the authority of the County Industrial Revenue Bond Act. This section shall not be construed to prevent a county from accepting donations of property to be used as a part of any project or money to be used for defraying any part of the cost of any project.
History:
1953 Comp., § 15-60-10, enacted by Laws 1975, ch. 286, § 10.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-11 - Bonds made legal investments.

Bonds issued under the provisions of the County Industrial Revenue Bond Act shall be legal investments for savings banks and insurance companies organized under the laws of this state.
History:
1953 Comp., § 15-60-11, enacted by Laws 1975, ch. 286, § 11.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-12 - Exemption from taxation.

The bonds authorized by the County Industrial Revenue Bond Act and the income from the bonds, all mortgages or other security instruments executed as security for the bonds, all lease agreements made pursuant to the provisions of the County Industrial Revenue Bond Act, and revenue derived from any lease or sale by the county shall be exempt from all taxation by New Mexico, or any subdivision of it.
History:
1953 Comp., § 15-60-12, enacted by Laws 1975, ch. 286, § 12.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-13 - Construction of act.

The County Industrial Revenue Bond Act shall not be construed as a restriction or limitation upon any powers which a county might otherwise have under any laws of this state, but shall be construed as cumulative; and the County Industrial Revenue Bond Act shall not be construed as requiring an election by the voters of a county prior to the issuance of bonds hereunder by a county.
History:
1953 Comp., § 15-60-13, enacted by Laws 1975, ch. 286, § 13.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-14 - No notice or publication required.

No notice, consent or approval by any commission or public officer shall be required as a prerequisite to the sale or issuance of any bonds or the making of a mortgage under the authority of the County Industrial Revenue Bond Act, except as provided in that act.
History:
1953 Comp., § 15-60-14, enacted by Laws 1975, ch. 286, § 14.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 59 - County Industrial Revenue Bonds › Section 4-59-15 - State board of finance.

If any representative of an existing business or enterprise located within the boundaries of the county or within five miles of the proposed project alleges in a written complaint filed with the county governing body within fifteen days of the meeting at which an ordinance or resolution authorizing the issuance of bonds pursuant to the County Industrial Revenue Bond Act is adopted that the proposed project would directly and substantially compete with such an existing business or enterprise located within the boundaries of the county or within five miles of the proposed project, the bonds in connection with that project shall not be issued until the state board of finance has determined that the proposed project will not directly or substantially compete with an existing business or enterprise located within the boundaries of the county or within five miles of the proposed project. The state board of finance shall conduct a hearing and make the determination within ninety days of receiving a request for determination from the county. An existing business or enterprise for which bonds were previously issued by the county pursuant to the County Industrial Revenue Bond Act shall not be entitled to file a complaint pursuant to this section.
History:
1953 Comp., § 15-60-15, enacted by Laws 1975, ch. 286, § 15; 2015, ch. 120, § 2.
ANNOTATIONS
The 2015 amendment,
effective July 1, 2015, required the state board of finance to conduct a hearing following a complaint that a proposed project would directly and substantially compete with an existing business or enterprise, and required the state board of finance to make a determination within ninety days of receiving the request for determination as to whether the proposed project will directly or substantially compete with the existing business or enterprise; in the catchline, added "State"; in the section, after "filed with the county governing body", deleted "at a" and added "within fifteen days of the", after "authorizing the issuance of bonds", deleted "hereunder" and added "pursuant to the County Industrial Revenue Bond Act is adopted", after "the bonds in connection with", deleted "such" and added "that", and after "within five miles of the proposed project.", added "The state board of finance shall conduct a hearing and make the determination within ninety days of receiving a request for determination from the county. An existing business or enterprise for which bonds were previously issued by the county pursuant to the County Industrial Revenue Bond Act shall not be entitled to file a complaint pursuant to this section.".
2023 New Mexico Statutes › Chapter 4 - Counties › Article 60 - County Pollution Control Revenue Bonds › Section 4-60-1 - Short title.

Sections 1 through 17 [4-60-1 to 4-60-15 NMSA 1978] may be cited as the "County Pollution Control Revenue Bond Act".
History:
1978 Comp., § 4-60-1, enacted by Laws 1978, ch. 181, § 1.
ANNOTATIONS
Cross references.
— For article, "The New Mexico Solid Waste Act: A Beginning for Control of Municipal Solid Waste in the Land of Enchantment",
see
21 N.M.L. Rev. 167 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61A Am. Jur. 2d Pollution Control § 1 et seq.
39 C.J.S. Health § 21.