reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 4 - Counties › Article 45 - Accounts and Claims Against Counties › Section 4-45-4 - County orders for payment from treasury; form and signature.

County orders shall be signed by the chairman of the board of county commissioners or his designee and attested by the county clerk and shall specify the nature of the claim of service for which they were issued, and the money shall be paid from the county treasury on such orders and not otherwise. Money may be paid from the county treasury by check or warrant. If money is paid by check, the check must be signed by the chairman of the board of county commissioners or his designee and the county treasurer.
History:
Laws 1876, ch. 1, § 21; C.L. 1884, § 352; C.L. 1897, § 670; Code 1915, § 1223; C.S. 1929, § 33-4237; 1941 Comp., § 15-4204; 1953 Comp., § 15-44-4; Laws 2001, ch. 147, § 2.
ANNOTATIONS
Cross references.
— For unauthorized issuance by county commissioners of order for payment of money,
see
4-38-29 NMSA 1978.
For duties of county clerk as to orders for payment of money,
see
4-40-4, 4-40-6 NMSA 1978.
The 2001 amendment,
effective June 15, 2001, inserted the section heading; inserted "of the board of county commissioners or his designee" and the last two sentences in the section text.
Statutory duties of county clerk are ministerial
and are intended only to insure the regularity of county fiscal procedures. 1979 Op. Att'y Gen. No. 79-33.
County funds may be distributed only on the order of the county commissioners,
and may not be granted to the county health department to be distributed by warrants of the county health officer (now district health officer). 1921 Op. Att'y Gen. No. 21-2936.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 45 - Accounts and Claims Against Counties › Section 4-45-5 - Accounts against county; appeal from disallowance.

When a claim of a person against a county is disapproved in whole or in part by the board of county commissioners, that person may appeal the decision of the board to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1876, ch. 1, § 22; C.L. 1884, § 353; C.L. 1897, § 671; Code 1915, § 1224; C.S. 1929, § 33-4238; 1941 Comp., § 15-4205; 1953 Comp., § 15-44-5; Laws 1998, ch. 55, § 16; 1999, ch. 265, § 16.
ANNOTATIONS
Cross references.
— For payment of appealed claims,
see
6-6-16 NMSA 1978.
For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section to the extent that a detailed comparison is impracticable.
Appeal from disallowance of claim by board.
— The board of county commissioners is the body which approves or disapproves the reports of the treasurers in their several counties, and an appeal lies to the district court, and may be taken by any person whose claim is disallowed in whole or in part by that board.
Territory v. Newhall
, 1909-NMSC-016, 15 N.M. 141, 103 P. 982.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 768.
20 C.J.S. Counties §§ 244 to 248.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 45 - Accounts and Claims Against Counties › Section 4-45-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1998, ch. 55, § 94 repealed 4-45-6 NMSA 1978, as enacted by Laws 1876, ch. 1, § 23, relating to duties of the clerk of the board and giving notice to the district attorney, effective September 1, 1998. For provisions of former section,
see
the 1997 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 45 - Accounts and Claims Against Counties › Section 4-45-7 - [Examination of canceled orders.]

The board of county commissioners at their annual January session of each year, or oftener if they deem it necessary, shall carefully examine the county orders returned by the county treasurer, by comparing each order with the record of orders in the clerk's office. They shall cause to be entered on said record opposite to the entry of each order issued the date [upon] which the same was canceled. They shall also make a list of such orders so canceled, specifying the number, date, amount and the person to whom the same is payable, and enter the same on the journal of the board.
History:
Laws 1876, ch. 1, § 25; C.L. 1884, § 356; C.L. 1897, § 674; Code 1915, § 1226; C.S. 1929, § 33-4240; 1941 Comp., § 15-4207; 1953 Comp., § 15-44-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For duties of board of county commissioners as to accounts generally,
see
4-38-16 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 46 - Suits by and Against Counties › Section 4-46-2 - [Service of process; duties of county clerk.]

In all legal proceedings against the county, process shall be served on the county clerk, and whenever such suit or proceeding shall be commenced it shall be the duty of the clerk forthwith to notify the district attorney of the judicial district in which the county so sued is situate, and to lay before the board of county commissioners at their next meeting all the information he may have in regard to such suit or proceeding.
History:
Laws 1876, ch. 1, § 5; C.L. 1884, § 336; C.L. 1897, § 655; Code 1915, § 1153; C.S. 1929, § 33-3702; 1941 Comp., § 15-4302; 1953 Comp., § 15-45-2.
ANNOTATIONS
Cross references.
— For venue of actions against counties,
see
38-3-2, 41-4-18 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 792.
Waiver of, or estoppel to assert, failure to give notice of claim of injury as condition of liability of county for injury from defects in street, road or other public place, 153 A.L.R. 329, 65 A.L.R.2d 1278.
Deposit in mail of notice of claim required as condition of action against or liability of county as giving of notice within required period, 175 A.L.R. 299.
Persons upon whom notice of injury or claims against county may or must be served, 23 A.L.R.2d 969.
Complaint as satisfying requirement of notice of claim upon states, municipalities, and other political subdivisions, 45 A.L.R.5th 109.
Persons or entities upon whom notice of injury or claim against state or state agencies may or must be served, 45 A.L.R.5th 173.
Sufficiency of notice of claim against local governmental unit as regards identity, name, address, and residence of claimant, 53 A.L.R.5th 617.
Sufficiency of notice of claim against local political entity as regards time when accident occurred, 57 A.L.R.5th 689.
20 C.J.S. Counties § 263.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 46 - Suits by and Against Counties › Section 4-46-3 - [Inhabitants competent as witnesses and jurors.]

On the trial of any suit in which a county may be interested, the inhabitants of such county shall be competent witnesses and jurors, if otherwise competent and qualified according to law.
History:
Laws 1876, ch. 1, § 6; C.L. 1884, § 337; C.L. 1897, § 656; Code 1915, § 1154; C.S. 1929, § 33-3703; 1941 Comp., § 15-4303; 1953 Comp., § 15-45-3.
ANNOTATIONS
Cross references.
— For witnesses generally,
see
Rule 11-601 NMRA et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 46 - Suits by and Against Counties › Section 4-46-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 37, § 95, repealed 4-46-4 NMSA 1978, relating to judgments rendered against board of county commissioners or county officers and the payment thereof, effective July 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 47 - Public Buildings and Works › Section 4-47-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1984, ch. 65, § 175, as amended by Laws 1984 (1st S.S.), ch. 2, § 1, repealed 4-47-1 NMSA 1978, as enacted by Laws 1887, ch. 8, § 3, relating to advertising for public works to be paid for by county funds, effective November 1, 1984. For comparable provisions in effect after November 1, 1984,
see
13-1-28 to 13-1-199 NMSA 1978.
Laws 1984 (1st S.S.), ch. 2, § 2, provided that the act take effect immediately. Approved March 28, 1984.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 47 - Public Buildings and Works › Section 4-47-2 - Sale of county buildings or lands to municipalities and state agencies.

Boards of county commissioners within the state of New Mexico are hereby authorized to sell, transfer and convey to any city, town or village located within such county, or to any agency or department or commission of the state of New Mexico, operating facilities within such county, such public buildings and lands on which such buildings are located, or such other lands, lots and additions belonging to the said county, whenever the same are no longer deemed necessary for county purposes, without appraisal, at private sale, for such sum as the said county commissioners may in their judgment determine.
History:
1941 Comp., § 15-4405, enacted by Laws 1947, ch. 179, § 1; 1953 Comp., § 15-46-2; Laws 1961, ch. 85, § 1.
ANNOTATIONS
Cross references.
— For joint city-county building,
see
5-5-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 506.
20 C.J.S. Counties § 149.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 47 - Public Buildings and Works › Section 4-47-3 - [Sale; public auction.]

That the boards of county commissioners within the state of New Mexico are hereby authorized after having made application therefor to the district court of their respective judicial districts, to sell at public auction all those public buildings, lots or additions belonging to the same, whenever such public buildings, lots or additions have been substituted by other public buildings, lots or additions.
History:
Laws 1909, ch. 59, § 1; Code 1915, § 1348; C.S. 1929, § 33-5701; 1941 Comp., § 15-4402; 1953 Comp., § 15-46-3.
ANNOTATIONS
Mineral lease.
— Since the New Mexico supreme court has decided that an oil and gas lease conveys "real property," a mineral lease should be executed under the provisions of this section and 4-47-4 NMSA 1978, which provide means of sale of property by a county at public auction, under the supervision of a district court. Following these provisions would provide protection to the county commissioners. 1955 Op. Att'y Gen. No. 55-6194.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 47 - Public Buildings and Works › Section 4-47-4 - [Sale; appraisers; notice; payment.]

The judge of the district court shall appoint three appraisers to appraise such property proposed to be sold as specified in the preceding section and such appraisers shall make and return under oath an appraisement of the actual cash value of such property, and upon return of such appraisement to the district court, the board of commissioners shall proceed to advertise such property for public sale, giving at least three weeks' notice of the hour, time and place of such sale, which notice shall be inserted in some daily or weekly newspaper published in the city or town where such property is located, if one be published therein; if not, in some paper of general circulation therein, and shall cause such property to be offered for sale at the time stated in such notice; and such property shall not be sold for less than two-thirds of the appraised value, and it shall be the duty of such board to require the payment in cash of at least one-half of the purchase price of said property, and they shall require the purchaser in lieu of the remainder of the purchase price, to execute proper security for the amount of the same.
History:
Laws 1909, ch. 59, § 2; Code 1915, § 1349; C.S. 1929, § 33-5702; 1941 Comp., § 15-4403; 1953 Comp., § 15-46-4.
ANNOTATIONS
Cross references.
— For publication of notice generally,
see
14-11-1 NMSA 1978 et seq.
Mineral lease.
— Since the New Mexico supreme court has decided that an oil and gas lease conveys "real property," a mineral lease should be executed under the provisions of 4-47-3 NMSA 1978 and this section, which provide means of sale of property by a county at public auction, under the supervision of a district court. Following these provisions would provide protection to the county commissioners. 1955 Op. Att'y Gen. No. 55-6194.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-1 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1981, ch. 83, § 5, recompiled 4-48-1 NMSA 1978, relating to the powers of counties to construct, purchase and operate hospitals, as 4-48B-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 83, § 28, repealed 4-48-2 NMSA 1978, relating to the power of counties to issue bonds for hospitals, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-3 to 4-48-6 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1981, ch. 83, §§ 6 to 9, recompiled 4-48-3 through 4-48-6 NMSA 1978, relating to elections on the question of constructing or purchasing hospitals, the power of counties to lease hospitals, the care of sick and indigent persons and the joint construction and operation of hospitals by counties, as 4-48B-6 through 4-48B-9 NMSA 1978, respectively, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 83, § 28, repealed 4-48-7 and 4-48-8 NMSA 1978, relating to the designation of boards of county commissioners as governing bodies of hospitals and the authority of counties to make regulations relating to hospitals, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-9.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1982, ch. 11, § 4, repealed 4-48-9 and 4-48-9.1 NMSA 1978, relating to boards of trustees for county hospitals and the terms of such trustees, respectively, effective March 1, 1982. For present provisions,
see
4-48B-10 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-10 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1981, ch. 83, § 11, recompiled 4-48-10 NMSA 1978, relating to federal aid for the construction, maintenance and operation of county hospitals, as 4-48B-11 NMSA 1978, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 83, § 28, repealed 4-48-11 NMSA 1978, relating to the authorization of tax levies to operate hospitals, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-11.2 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1981, ch. 83, §§ 2, 13, recompiled 4-48-11.1 and 4-48-11.2 NMSA 1978, relating to the operation and maintenance of a hospital facility pursuant to a lease and the purpose of the act to encourage the construction and operation of joint medical facilities, as 4-48B-13 and 4-48B-2 NMSA 1978, respectively, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-12 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 83, § 28, repealed 4-48-12 NMSA 1978, relating to levies made under provisions of the Indigent Hospital Claims Act, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-14 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1981, ch. 83, §§ 14, 15, recompiled 4-48-13 and 4-48-14 NMSA 1978, relating to the payment of charges for the care of persons committed by the district court and to elections on the questions of levying taxes above the constitutional limitation of 20 mills, as 4-48B-14 and 4-48B-15 NMSA 1978, respectively, effective April 1, 1981. Laws 1981, ch. 37, § 57 amended 4-48-14 NMSA 1978. The section was set out as recompiled.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-15 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1981, ch. 83, § 28, repealed 4-48-15 NMSA 1978, relating to the purpose of the act to revive levies for hospitals, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48 - Hospitals (Repealed, Recompiled.) › Section 4-48-16 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1981, ch. 83, § 17, recompiled 4-48-16 NMSA 1978, relating to authority to establish retirement plans and programs for employees of county hospitals, as 4-48B-17 NMSA 1978, effective April 1, 1981.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-1 - Short title.

Chapter 4, Article 48A NMSA 1978 may be cited as the "Special Hospital District Act".
History:
1978 Comp., § 4-48A-1, enacted by Laws 1978, ch. 29, § 1; 1992, ch. 41, § 1.
ANNOTATIONS
The 1992 amendment,
effective May 20, 1992, substituted "Chapter 4, Article 48A NMSA 1978" for "This act".
Constitutionality.
— The Special Hospital District Act is not invalid because it contains no mechanism by which a property owner whose property is not directly benefited by inclusion within the special hospital district can request an independent tribunal to remove the land from the proposed district. The absence of any special benefit to a particular piece of property is not a sufficient ground for excluding the property from a district whose purpose is to promote the general welfare. If evidence establishing absence of a special benefit does not require exclusion, no forum to hear such evidence is required.
State ex rel. Angel Fire Home & Land Owners Ass'n, Inc. v. South Cent. Colfax Cnty. Special Hosp. Dist
., 1990-NMCA-072, 110 N.M. 496, 797 P.2d 285, cert. denied, 110 N.M. 330, 795 P.2d 1022.
There appears to be no constitutional prohibition against including property within a special hospital district even though the property and its inhabitants will not benefit from inclusion. Thus, the Special Hospital District Act is not unconstitutional on its face solely because the tax-benefit ratio for certain property owners may differ from that of others within a special hospital district.
State ex rel. Angel Fire Home & Land Owners Ass'n, Inc. v. South Cent. Colfax Cnty. Special Hosp. Dist
., 1990-NMCA-072, 110 N.M. 496, 797 P.2d 285, cert. denied, 110 N.M. 330, 795 P.2d 1022.
Proposed residential care unit would not be "hospital facility".
— Proposed residential care unit, which probably would not have a professional staff or provide medical services but would offer room, board and other nonmedical assistance to those who qualify, would not be a "hospital facility" qualified to receive district funds under the Special Hospital District Act. 1989 Op. Att'y Gen. No. 89-31.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40A Am. Jur. 2d Hospitals and Asylums § 53.
Opposition to construction of new hospital or expansion of existing hospital's facilities as violation of Sherman Act (15 USCS § 1 et seq.), 88 A.L.R. Fed. 478.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-2 - Definitions.

As used in the Special Hospital District Act:
A. "board of trustees" means the governing board of the special hospital district;
B. "qualified elector" means a natural person resident in a proposed or existing special hospital district who is registered to vote in state general elections;
C. "special hospital district" means a district wherein a public hospital is located or is proposed to be created and which:
(1) is composed of contiguous and compact territory lying wholly within a single county; or
(2) is composed of contiguous and compact territory which includes all or a portion of two or more counties or any combination thereof; and
(3) contains within its boundaries one or more incorporated municipalities; or whose boundaries coincide and are concurrent with the territorial areas of one or more political subdivisions within such county or counties;
D. "hospital facility" includes a medical facility or an outpatient clinic or both; and
E. "subdistrict" means, in the case of a special hospital district composed of all or a portion of two or more counties, the portion of the special hospital district which is located in one county.
History:
1978 Comp., § 4-48A-2, enacted by Laws 1978, ch. 29, § 2; 1979, ch. 134, § 1; 1981, ch. 84, § 1; 1987, ch. 273, § 1.
ANNOTATIONS
Constitutionality.
— The provisions of Subsection C(3) are not irrational for a legislature to impose. Although these provisions bear no relation to the specific purpose of a special hospital district - the creation and maintenance of hospitals - they do have a rational relationship to the establishment of a new local governmental body.
State ex rel. Angel Fire Home & Land Owners Ass'n, Inc. v. South Cent. Colfax Cnty. Special Hosp. Dist
., 1990-NMCA-072, 110 N.M. 496, 797 P.2d 285, cert. denied, 110 N.M. 330, 795 P.2d 1022.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-3 - Creation of special hospital district; power of counties to agree to create special hospital districts.

A. There may be created special hospital districts within any county of this state for the purpose of constructing, acquiring, operating and maintaining one or more public hospital facilities for the benefit of the inhabitants of the district.
B. All counties shall have the power to enter into agreements with one or more other counties to create special hospital districts composed of all or a portion of each county which is a party to the agreement, but no district so created shall include within its territory any territory already included in another special hospital district. In any case, no county shall include the same territory in more than one special hospital district. Such agreement shall provide for generation of funds necessary for establishment and operation of a public hospital facility and for a plan of dissolution. Plans for the dissolution of the special hospital district must provide for the payment of all district debts and liabilities and for the distributing of all remaining assets to the county or counties in which the special hospital district lies.
C. A county may enter into an agreement with the board of trustees of an existing special hospital district to permit all or a portion of the county to become a subdistrict of the special hospital district, after certification of a petition and election as required in Sections 4-48A-4 and 4-48A-5 NMSA 1978. A member of the board of trustees shall be elected from the new subdistrict in the manner provided by law and shall be added to the board of trustees until the next regularly scheduled election, at which time a board member shall be elected as provided in Section 4-48A-6 NMSA 1978.
History:
1978 Comp., § 4-48A-3, enacted by Laws 1978, ch. 29, § 3; 1981, ch. 84, § 2; 1983, ch. 84, § 1.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-3.1 - Artesia special hospital district.

The Artesia special hospital district is hereby created by act of the legislature. The district shall consist of all land lying within the Artesia public school district 16 lying within Eddy county. All previous acts and proceedings of the Artesia special hospital district created pursuant to Sections 4-48A-4 and 4-48A-5 NMSA 1978 heretofore had or taken, or purportedly had or taken, are hereby validated, ratified, approved and confirmed.
History:
Laws 1989, ch. 7, § 1.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-3.2 - Nor-Lea special hospital district.

The Nor-Lea special hospital district is hereby created by act of the legislature. The district shall consist of all land lying within the Lovington and Tatum school districts lying within Lea county. All previous acts and proceedings of the Nor-Lea special hospital district created pursuant to Sections 4-48A-4 and 4-48A-5 NMSA 1978 heretofore had or taken, or purportedly had or taken, are hereby validated, ratified, approved and confirmed.
History:
Laws 1989, ch. 7, § 2.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-3.3 - Jal special hospital district.

The Jal special hospital district is hereby created by act of the legislature. The district shall consist of all land lying within the Jal school district lying within Lea county. All previous acts and proceedings of the Jal special hospital district created pursuant to Sections 4-48A-4 and 4-48A-5 NMSA 1978 heretofore had or taken, or purportedly had or taken, are hereby validated, ratified, approved and confirmed.
History:
Laws 1989, ch. 7, § 3.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-4 - Formation of special hospital district; petition.

A. If creation of a special hospital district is proposed, there shall be a petition circulated in the county for the creation of a special hospital district in the county or in each subdistrict of a special hospital district composed of all or portions of two or more counties. Petitions for the creation of a special hospital district shall designate the name of the proposed district and the territorial area within and outside the county to be included within the district and whether the initial board of trustees shall be elected at large or from single-member districts. If the petition calls for election of the board from single-member districts, it shall describe the districts, which shall be contiguous, compact, as equal in population as practicable and otherwise in compliance with applicable law. Each petition shall be signed only by qualified electors of the proposed special hospital district. The name and post office address of each signer shall be indicated on the petition.
B. In the case of a special hospital district lying wholly within a county, the petition shall contain signatures in a number equal to or in excess of ten percent of the votes cast for governor in the territory of the proposed special hospital district in the last preceding general election at which a governor of the state was elected. In the case of a special hospital district composed of all or a portion of two or more counties, the petition for each subdistrict shall contain signatures in a number equal to or greater than ten percent of the votes cast for governor in the territory of the subdistrict in the last preceding general election at which a governor of the state was elected. For the purpose of determining the vote cast for governor in the territory of the proposed special hospital district or subdistrict, any portion of a precinct within the proposed district or subdistrict shall be construed as if the entire precinct were wholly within the territory of the proposed special hospital district.
C. The petition calling for the creation of the special hospital district shall be filed with the county clerk of the county in which the district or subdistrict is proposed. The county clerk shall verify that the petition complies with all the requirements of the Special Hospital District Act. Upon such verification, the county clerk shall certify that fact, along with the petition, to the board of county commissioners. In the case of a special hospital district composed of all or portions of two or more counties, the board of county commissioners shall notify the boards of county commissioners of the other county or counties which are party to the agreement that a petition for the subdistrict within that county complying with all the requirements of the Special Hospital District Act has been certified and filed.
History:
1978 Comp., § 4-48A-4, enacted by Laws 1978, ch. 29, § 4; 1981, ch. 84, § 3; 1990, ch. 12, § 1.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-5.1 - Voting in certain special hospital districts after formation.

The board of trustees of a special hospital district included wholly within a county may determine, from time to time, whether trustees shall be elected at large or from single-member districts and, if the latter, shall determine, based upon the 1990 or a subsequent federal decennial census, the boundaries of such single-member districts, which shall be contiguous, compact, as equal in population as is practicable and otherwise in compliance with applicable law. The board shall redetermine the boundaries once following every federal decennial census, beginning with the 1990 census, in accordance with the same criteria. The board may change from at large elections to single-member districts or from single-member districts to at large elections and shall determine the procedure for transition from at large to single-member districts or vice versa.
History:
1978 Comp., § 4-48A-5.1, enacted by Laws 1990, ch. 12, § 3.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-7 - Board of trustees; qualifications; automatic removal.

Each member of the board of trustees shall be a qualified elector, and each member of the board of trustees elected from a subdistrict or a single-member district shall be a resident of the subdistrict or the single-member district of the special hospital district. The office of any member of the board of trustees who does not continue to reside in the special hospital district, and in the case of a member who is elected from a subdistrict or a single-member district, who does not continue to reside in the subdistrict or the single-member district, is automatically declared vacant.
History:
1978 Comp., § 4-48A-7, enacted by Laws 1978, ch. 29, § 7; 1981, ch. 84, § 6; 1990, ch. 12, § 5.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-8 - Board of trustees; organization; bond.

A. The board of trustees shall elect from its membership a chairman and secretary-treasurer.
B. Each member of the board of trustees shall receive no compensation for the performance of his duties, but shall be paid per diem and mileage for attendance at meetings of the board as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
C. Each member of the board of trustees shall furnish a corporate surety bond in the penal sum of ten thousand dollars ($10,000) for the faithful performance of his duties and the accounting for all funds which shall come into his possession. Such bond shall run to the benefit of the special hospital district.
D. All authorizations for the payment or expenditure of money in the possession of the special hospital district shall be signed by the chairman and the secretary-treasurer.
History:
1978 Comp., § 4-48A-8, enacted by Laws 1978, ch. 29, § 8.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-10 - Board of trustees; duties.

The board of trustees shall:
A. be the governing authority of the special hospital district;
B. comply with the provisions of law for local governments pertaining to the preparation and approval of budgets by the local government division of the department of finance and administration;
C. comply with the provisions of law pertaining to the audit of local governments by the state auditor; and
D. adopt rules and regulations for the management and operation of hospital facilities of the special hospital district.
History:
1978 Comp., § 4-48A-10, enacted by Laws 1978, ch. 29, § 10.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-11 - Board of trustees; acquisition of existing hospital facilities; agreements.

A. The board of trustees may acquire by purchase, lease-purchase or lease for the use of the special hospital district, any existing hospital facility (including buildings, property, furniture and equipment).
B. The governing body of a political subdivision situated within the territorial boundaries of a special hospital district and owning a hospital facility already constructed and situated within such territorial boundaries of a special hospital district may, with the approval of the state board of finance, enter into agreement with the board of trustees of the special hospital district for the sale, operation or maintenance of such hospital facility by the special hospital district.
History:
1978 Comp., § 4-48A-11, enacted by Laws 1978, ch. 29, § 11.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-12 - Board of trustees; issue of bonds.

A. Upon approval of a majority of the qualified electors voting upon the question, the board of trustees may issue general obligation bonds of the special hospital district for the purposes of:
(1) constructing, acquiring or purchasing a hospital facility for the special hospital district;
(2) equipping, furnishing, remodeling or renovating a hospital facility owned or operated by the special hospital district;
(3) purchasing or acquiring real property deemed necessary to the construction, operation or maintenance of a hospital facility owned or operated by the special hospital district; or
(4) refunding outstanding general obligation bonded indebtedness.
B. No general obligation bonds of the special hospital district shall be issued which creates a total bonded indebtedness of the special hospital district in excess of three percent of the assessed valuation of the taxable property within the special hospital district as shown by the most recent general assessment. The debt limitation specified in this section shall be in excess of other existing debt limitations provided by law.
C. The board of trustees shall comply with the requirements and procedures set forth in Section 6-15-1 NMSA 1978 with respect to the proposed issuance of general obligation bonds. The local government division of the department of finance and administration shall apply the procedures set forth in Section 6-15-2 NMSA 1978 to the proposed issuance of general obligation bonds by the special hospital district.
History:
1978 Comp., § 4-48A-12, enacted by Laws 1978, ch. 29, § 12.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-13 - Bonds; form; interest; maturities.

A. General obligation bonds issued by a special hospital district shall mature not more than twenty years from their date and be numbered from one upwards consecutively. Interest on all such bonds shall be payable either annually or semiannually, as provided by resolution of the board of trustees; provided, that the first installment of interest coming due may be for any period of time which shall not exceed one year from the date of the bonds.
B. The resolution authorizing the bonds may provide for the creation of a sinking fund to secure payment of principal and interest on the bonds and may provide for mandatory annual payments to be made to the sinking fund from the taxes levied and collected pursuant to Section 14 [4-48A-14 NMSA 1978] of the Special Hospital District Act.
C. The board of trustees shall designate the maximum coupon rate of interest the general obligation bonds shall bear, which shall not be in excess of the maximum coupon rate which is permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978] as hereafter amended, and shall designate the maximum net effective interest rate which shall not exceed the maximum permitted by the Public Securities Act as hereafter amended.
D. The procedure which shall be followed by the board of trustees for the sale of general obligation bonds shall be the same as that set forth in Section 6-15-5 NMSA 1978 for other political subdivisions.
History:
1978 Comp., § 4-48A-13, enacted by Laws 1978, ch. 29, § 13.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-14 - Imposition of tax for payment of bonds.

A. The officials now or hereafter charged by law with the duty of levying ad valorem taxes for the payment of bonds and interest shall, in the manner provided by law, make an annual levy sufficient to meet the annual or semiannual payments of principal and interest on the maturing general obligation bonds or the refunding bonds or the mandatory sinking fund payments, if such fund is created by the board of trustees.
B. The provisions of Subsection A of this section shall not be construed as to prevent the special hospital district from applying any other funds that it may have or investment income actually received from sinking fund investments and available for that purpose to the payment of the interest on or the principal of, or any prior redemption premium in connection with, such bonds as the same become due; and upon such payments, the levy or levies provided in this section may thereupon to that extent be diminished.
History:
1978 Comp., § 4-48A-14, enacted by Laws 1978, ch. 29, § 14.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-15 - Refunding bonds.

A. The board of trustees may issue bonds in such form as the board of trustees may determine for the purpose of refunding any of the general obligation bonded indebtedness of the special hospital district which has or may hereafter become due and payable, or which has or may hereafter become payable at the option of the special hospital district or by consent of the bondholder, or by any lawful means.
B. The procedures set forth in Sections 6-15-12 through 6-15-22 NMSA 1978 shall govern the board of trustees with respect to the issuance, sale and payment of principal and interest on refunding bonds of the special hospital district.
History:
1978 Comp., § 4-48A-15, enacted by Laws 1978, ch. 29, § 15; 1983, ch. 265, § 16.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-17 - Election procedures.

All elections of the special hospital district, unless otherwise provided in the Special Hospital District Act, shall be called, conducted and canvassed pursuant to the Local Election Act [Chapter 1, Article 22 NMSA 1978].
History:
1978 Comp., § 4-48A-17, enacted by Laws 1978, ch. 29, § 17; 1981, ch. 84, § 9; 2018, ch. 79, § 71.
ANNOTATIONS
Cross references.
— For manner of conducting school district elections,
see
1-22-1 NMSA 1978 et seq.
The 2018 amendment,
effective July 1, 2018, removed certain election procedures for elections held pursuant to the Special Hospital District Act and provided that all elections of the special hospital district, unless otherwise provided in the Special Hospital District Act shall be called, conducted, and canvassed pursuant o the Local Election Act; deleted Subsection A, which provided for notice of an election held pursuant to the Special Hospital District Act; deleted subsection designation "B." and Subsection C, which related to the costs of elections conducted by the special hospital district, and in former Subsection B, after "conducted and canvassed", deleted "in substantially the same manner as school district elections are called, conducted and canvassed. The board of trustees shall be the canvassing board for such elections" and added "pursuant to the Local Election Act".
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-18 - Dissolution of the special hospital district.

A special hospital district shall be dissolved in the following manner:
A. there shall be submitted a petition for dissolution to the board of county commissioners signed by at least ten percent of the qualified electors residing within the district or, in the case of a special hospital district composed of all or portions of two or more counties, at least ten percent of the qualified electors residing in any subdistrict of the special hospital district. Upon receipt of a proper petition, the board of county commissioners shall call a special election for the purpose of referring to the qualified electors residing in the district or subdistrict the question of dissolution;
B. if the board of county commissioners finds that a majority of the qualified electors voting on the issue at the special election have authorized the dissolution, the board of trustees shall proceed with the approved plan. Upon completion of the plan, the board of trustees shall submit a full report to the board of county commissioners of each county in which the special hospital district is located; and
C. upon receipt of the final report of the board of trustees, the board or boards of county commissioners shall examine the report to determine whether or not any outstanding obligations still exist and whether the terms of the approved plan have been accomplished. If, upon determination by the board or boards of county commissioners, no obligations are yet outstanding and the provisions of the plan have been fulfilled, they shall formally declare the special hospital district dissolved.
History:
1978 Comp., § 4-48A-18, enacted by Laws 1978, ch. 29, § 18; 1981, ch. 84, § 10.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-20 - Hospital revenue bonds; authority to issue; pledge of revenues.

A. A special hospital district may issue revenue bonds pursuant to the Special Hospital District Act for the purposes of:
(1) constructing, acquiring or purchasing a hospital facility for the special hospital district;
(2) equipping, furnishing, remodeling or renovating a hospital facility owned or operated by the special hospital district; or
(3) purchasing or acquiring real property deemed necessary to the construction, operation or maintenance of a hospital facility owned or operated by the special hospital district.
B. The special hospital district may pledge irrevocably all or a portion of the revenues derived from the ownership and operation of a hospital facility and revenues derived from the leasing of or other contractual arrangement for the operation of a hospital facility for the payment of principal of and interest on such revenue bonds.
C. For the purpose of the Special Hospital District Act, "equipping" or "re-equipping" means the purchase or lease of property of a character subject to the allowance for depreciation under the Internal Revenue Code of 1954 § 167 and regulations promulgated thereunder, as amended.
History:
1978 Comp., § 4-48A-20, enacted by Laws 1981, ch. 84, § 11.
ANNOTATIONS
Cross references.
— For the provision concerning depreciation in the Internal Revenue Code,
see
26 U.S.C.S. § 167.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-21 - 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; provided, however, that bond proceeds may be used for reserves and to pay the costs of issuance.
History:
1978 Comp., § 4-48A-21, enacted by Laws 1981, ch. 84, § 12.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-22 - Revenue bonds; terms.

Special hospital district revenue bonds:
A. shall bear interest payable annually or semiannually and may or may not be evidenced by coupons; provided, the first interest payment date may be for interest accruing for any period not exceeding one year;
B. may be subject to a prior redemption at the option of the special hospital district at such time or times, and upon such terms and conditions, with or without the payment of such premium or premiums, as may be provided by resolution;
C. may mature at any time or times not exceeding thirty 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 any other form as may be provided in the resolution authorizing the bonds;
E. shall be sold for cash at, above or below par and at a price which results in a net effective interest rate which 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 private sale.
History:
1978 Comp., § 4-48A-22, enacted by Laws 1981, ch. 84, § 13; 1983, ch. 265, § 17.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-23 - Resolution authorizing revenue bonds.

At a regular or special meeting called for the purpose of issuing revenue bonds as authorized pursuant to the Special Hospital District Act, the board of trustees may adopt a resolution that:
A. declares the necessity for issuing revenue bonds;
B. authorizes the issuance of revenue bonds by an affirmative vote of a majority of all the members of the board of trustees of the special hospital district; or
C. designates the source of the pledge [pledged] revenues.
History:
1978 Comp., § 4-48A-23, enacted by Laws 1981, ch. 84, § 14.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-24 - Revenue bonds not general obligations of special hospital district.

Revenue bonds issued by a special hospital district under the authority of the Special Hospital District Act shall not be construed or held to be general obligations of such special hospital district or the counties in which the special hospital district is located and shall be collectible only out of all or a portion of the revenues derived from the ownership and operation of a hospital facility and the revenues derived from the leasing of or other contractual arrangement for the operation of a hospital facility which revenue is so pledged, and each of the bonds of any issue or revenue bonds so issued shall recite on its face that it is payable and collectible solely from the pledged revenues hereinbefore mentioned and that the holders hereof may not look to any general or other fund for the payment of principal or interest of such obligations.
History:
1978 Comp., § 4-48A-24, enacted by Laws 1981, ch. 84, § 15.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-25 - Revenue bonds; security.

A. The principal of and interest on any revenue bonds issued under the authority of the Special Hospital District Act shall be secured by a pledge of the revenues out of which such bonds shall be made payable, and may be secured by a mortgage covering all or any part of the hospital facility from which the revenues so pledged may be derived.
B. The resolution and proceedings under which such revenue 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 designation and collection of revenues from a hospital facility covered by such proceedings or mortgage, the maintenance and insurance of such hospital facility, the creation and maintenance of special funds derived from the revenues relating to such hospital facility and the rights and remedies available in the event of default to the bondholders or to the trustee under a mortgage, all as the board of trustees of the special hospital district shall deem advisable and as shall not be in conflict with the provisions of the Special Hospital District Act.
History:
1978 Comp., § 4-48A-25, enacted by Laws 1981, ch. 84, § 16.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-26 - Revenue bonds; exemption from taxation.

The revenue bonds issued under authority of the Special Hospital District Act and the income from said bonds, all mortgages or other security instruments executed as security for such bonds, shall be exempt from all taxation by the state or any subdivision thereof.
History:
1978 Comp., § 4-48A-26, enacted by Laws 1981, ch. 84, § 17.