reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-15 - Time limitations on jurisdiction.

A. The commission shall not accept or consider a complaint unless the complaint is filed with the commission within the later of two years from the date:
(1) on which the alleged conduct occurred; or
(2) the alleged conduct could reasonably have been discovered.
B. The commission shall not adjudicate a complaint filed against a candidate, except pursuant to the Campaign Reporting Act [1-19-25 to 1-19-36 NMSA 1978] or Voter Action Act [1-19A-1 to 1-19A-17 NMSA 1978], less than sixty days before a primary or general election. During that time period, the commission may dismiss complaints that are frivolous or unsubstantiated or refer complaints that are outside the jurisdiction of the commission.
C. A complainant shall be notified in writing of the provisions of this section and shall also be notified in writing that the complainant may refer allegations of criminal conduct to the attorney general or the appropriate district attorney.
D. When commission action on a complaint is suspended pursuant to the provisions of this section, the respondent shall promptly be notified that a complaint has been filed and of the specific allegations in the complaint and the specific violations charged in the complaint.
History:
Laws 2019, ch. 86, § 15.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 15 effective January 1, 2020.
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16G - State Ethics Commission › Section 10-16G-16 - Prohibited actions.

A. A person shall not take or threaten to take any retaliatory, disciplinary or other adverse action against another person who in good faith:
(1) files a verified complaint with the commission that alleges a violation; or
(2) provides testimony, records, documents or other information to the commission during an investigation or at a hearing.
B. A complainant and a respondent shall not communicate ex parte with any hearing officer, commissioner or other person involved in a determination of the complaint.
C. Nothing in the State Ethics Commission Act precludes civil or criminal actions for libel or slander or other civil or criminal actions against a person who files a false claim.
History:
Laws 2019, ch. 86, § 16.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 86, § 41 made Laws 2019, ch. 86, § 16 effective January 1, 2020.
Applicability.
— Laws 2019, ch. 86, § 40 provided that the provisions of the State Ethics Commission Act apply only to conduct occurring on or after July 1, 2019.
A state employee who also receives a monthly salary from a political campaign committee does not necessarily violate state ethics laws.
— Although the Gift Act, 10-16B-1 to 10-16B-4 NMSA 1978, the Governmental Conduct Act, 10-16-1 to 10-16-18 NMSA 1978, the Financial Disclosure Act, 10-16A-1 to 10-16A-8 NMSA 1978, the Campaign Reporting Act, 1-19-25 to 1-19-36 NMSA 1978, and the State Ethics Commission Act, Chapter 10, Article 16G NMSA 1978, impose certain duties on state employees and regulate certain state employees' conduct, the limited set of facts presented in this request, that a state employee, while employed and performing regular public duties, is also receiving a monthly salary from a political campaign committee or political organization, do not establish a violation of any of the foregoing statutes. 2020 Op. Ethics Comm'n No. 2020-01.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16H - Public Employee Caregiver Leave › Section 10-16H-1 - Short title.

Sections 5 through 8 [10-16H-1 to 10-16H-4 NMSA 1978] of this act may be cited as the "Public Employee Caregiver Leave Act".
History:
Laws 2019, ch. 177, § 5.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16H - Public Employee Caregiver Leave › Section 10-16H-2 - Definitions.

As used in the Public Employee Caregiver Leave Act:
A. "eligible employee" means, except as provided pursuant to Section 8 [10-16H-4 NMSA 1978] of this 2019 act, an individual who is an officer or employee of the state or of a public school and who, in accordance with the policies of the state agency or public school employing the officer or employee, is eligible to accrue sick leave;
B. "family member" means an individual who is the spouse or domestic partner of or is by blood, marriage or legal adoption a parent, grandparent, great-grandparent, child, grandchild, great-grandchild, brother, sister, niece, nephew, aunt or uncle, or is living in the household of an eligible employee;
C. "sick leave" means a leave of absence from employment for which a state agency or public school pays an eligible employee due to illness or injury or to receive care from a licensed or certified health professional. "Sick leave" does not include leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993, regardless of whether the employee uses sick leave during that leave; and
D. "state" or "state agency" means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.
History:
Laws 2019, ch. 177, § 6.
ANNOTATIONS
Cross references.
— For the federal Family and Medical Leave Act of 1993,
see
29 U.S.C. §§ 2601 et seq.
Effective dates.
— Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16H - Public Employee Caregiver Leave › Section 10-16H-3 - Accumulated sick leave; application to family caregiving.

A. A state agency or public school that provides eligible employees with sick leave for an eligible employee's own illness or injury or to receive health care shall permit its eligible employees to use accrued sick leave to care for their family members in accordance with the same terms and procedures that the state agency or public school imposes for any other use of sick leave by eligible employees.
B. A state agency or public school employing an eligible employee shall not discharge or threaten to discharge, demote, suspend or retaliate or discriminate in any manner, including using the employee's use of caregiver leave as a factor in the employee's performance evaluation, against an eligible employee because that employee requests or uses caregiver leave in accordance with the state agency's or public school's general sick leave policy, files a grievance for violation of the Public Employee Caregiver Leave Act, cooperates in an investigation or prosecution of an alleged violation of that act or opposes any policy or practice established pursuant to that act.
C. Nothing in this section shall require a state agency or public school to provide sick leave to its employees.
D. The provisions of the Public Employee Caregiver Leave Act are nonexclusive and cumulative and are in addition to any other rights or remedies afforded by contract or under other provision of law. The Public Employee Caregiver Leave Act does not prohibit a state agency or public school from providing greater sick leave benefits than are provided pursuant to that act.
E. Each state agency director and public school administrator shall adopt and promulgate policies to implement the provisions of the Public Employee Caregiver Leave Act. These policies shall include, at a minimum, grievance procedures for according eligible employees recourse for violations of the Public Employee Caregiver Leave Act. As used in this section, "state agency director" means:
(1) the director of the state personnel office for those state agencies to which the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978] apply; and
(2) the director of a state agency to which the provisions of the Personnel Act do not apply.
History:
Laws 2019, ch. 177, § 7.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 16H - Public Employee Caregiver Leave › Section 10-16H-4 - Exemptions.

A. The provisions of the Public Employee Caregiver Leave Act shall not apply to any employment expressly exempted under rules adopted by the state personnel office or any other state agency.
B. Nothing in the Public Employee Caregiver Leave Act shall be construed to invalidate, diminish or otherwise interfere with any collective bargaining agreement, nor shall it be construed to invalidate, diminish or otherwise interfere with any party's power to collectively bargain for a collective bargaining agreement.
History:
Laws 2019, ch. 177, § 8.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-1 - [County, municipal and educational boards; monthly summary of minutes; contents.]

That on or before the 10th [tenth] day of each month there shall be prepared by each board of county commissioners in this state, by the council, commission or trustees of every city, town or village in this state, and by every board of education in this state, a summary of the minutes of all meetings held by such board during the preceding calendar month, such summary to mean a full and correct account of all business transacted by such boards and commissions, showing all matters presented, the action taken thereon, or other disposition thereof, and a statement of all monies received by any such boards or commissions during the preceding calendar month, showing the source from which received and the amount received from each source, and a detailed statement of all expenditures made during such preceding calendar month, including a list of all warrants issued, to whom issued, the amount of each warrant and the purpose for which the warrant was issued.
History:
Laws 1939, ch. 220, § 1; 1941 Comp., § 10-505; 1953 Comp. § 5-6-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For annual publication of proceedings of county commissioners,
see
4-38-9 NMSA 1978.
For annual publication of receipts and expenditures of board of county commissioners,
see
4-38-27 NMSA 1978.
For publication of proceedings,
see
14-11-11 NMSA 1978.
Legislative intent.
— There is nothing in this act indicating a legislative intent that it apply to the board of regents or other governing bodies of state colleges and universities. In the absence of any such expression, it must be presumed that the legislature intended that the act apply only to those boards and commissions specifically mentioned. 1939 Op. Att'y Gen. No. 39-3110.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties §§ 84 to 86; 62 C.J.S. Municipal Corporations § 409; 78 C.J.S. Schools and School Districts §§ 153, 154.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-2 - [Filing summary of minutes; furnishing to legal newspapers.]

Such summary of minutes shall be filed with the clerk of each board mentioned in Section 1 [10-17-1 NMSA 1978] hereof and such summary shall be a public record and open to inspection of the public, provided, however, that a copy thereof shall be by the board or commission mailed to each and every legal newspaper published in the county for such use as such newspaper may see fit.
History:
Laws 1939, ch. 220, § 2; 1941 Comp., § 10-506; 1953 Comp., § 5-6-6.
ANNOTATIONS
Cross references.
— For definition of "legal newspaper",
see
14-11-2 NMSA 1978.
For publication of board proceedings, language requirements,
see
14-11-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties §§ 84 to 86; 62 C.J.S. Municipal Corporations § 409; 78 C.J.S. Schools and School Districts §§ 153, 154.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-3 - Publication of list of expenditures monthly.

On or before the 10th [tenth] day of each month there may be published in a legal newspaper published in the county where such board or commission is situated, by the council, commission or trustees of every city, town or village in this state, and by every board of education in this state, a summary of expenditures made during the preceding calendar month, which shall include a list of the total expenditures during the month and the amount spent in connection with each budgetary item and a summary of all receipts; provided, however, that the publication herein mentioned shall be made only at the discretion of the council, commission or trustee of every city, town or village, and board of education in this state if they shall deem the said publication necessary in the public interest.
History:
Laws 1939, ch. 220, § 3; 1941 Comp., § 10-507; Laws 1947, ch. 189, § 1; 1953, ch. 84, § 1; 1953 Comp., § 5-6-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For payment for required publications of county, municipal, or school board,
see
14-11-9 NMSA 1978.
Publication not mandatory.
— It is not mandatory that the commission make a monthly publication of its receipts and expenditures. 1957 Op. Att'y Gen. No. 57-126.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties §§ 84 to 86; 62 C.J.S. Municipal Corporations § 409; 79 C.J.S. Schools and School Districts § 345.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-4 - County and precinct officers; monthly financial statements; audit.

All county and precinct officers except justices of the peace shall file monthly statements with the county clerk on the first Monday of each month, showing in detail the amounts of all public money received and disbursed by them. The statements shall be verified by the officers making them and the board of county commissioners shall audit and adjust them in accordance with the facts.
History:
1953 Comp., § 5-6-8, enacted by Laws 1961, ch. 212, § 10.
ANNOTATIONS
Repeals and reenactments.
— Laws 1961, ch. 212, § 10, repealed 5-6-8, 1953 Comp., relating to filing of monthly statements showing money received or disbursed by county officers, and enacted a new section.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 C.J.S. Counties § 196.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-5 - [Delivery of lawbooks, records and documents to successors; exception.]

All public officers of this state who may have received lawbooks, as such officers, are hereby required to turn over the same to their successors, as also the records and all other documents relative to their respective offices: provided, that the members of the legislature shall not be included in this section.
History:
Laws 1854-1855; C.L. 1865, ch. 92, § 20; C.L. 1884, § 1741; C.L. 1897, § 2557; Code 1915, § 3985; C.S. 1929, § 96-135; 1941 Comp., § 10-510; 1953 Comp., § 5-6-9.
ANNOTATIONS
Cross references.
— For county surveyor to deliver books to successor,
see
4-42-4 NMSA 1978.
For county treasurer to deliver books and papers to successor,
see
4-43-4 NMSA 1978.
For record books of county clerk delivered to successor,
see
14-8-9 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 211.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1978, ch. 130, § 5, repealed 5-6-10, 1953 Comp. (10-17-6 NMSA 1978), relating to delivery of supreme court reports and statutes, effective March 6, 1978.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-7 - [Shortages in accounts of public officers; compromise prohibited.]

It shall hereafter be unlawful for any state official, district attorney, board of county commissioners or other official charged with the collection of any indebtedness, or the prosecution of any suit for the collection of any indebtedness due to, or claimed by the state, any county, city, town, precinct or school district, from any public official or the sureties on his official bond, to compromise, satisfy or discharge such indebtedness in favor of such official or sureties, except upon payment in full of the amount claimed to be due, or of the amount for which judgment is rendered by a court of competent jurisdiction.
History:
Laws 1893, ch. 5, § 1; C.L. 1897, § 3193; Code 1915, § 1864; C.S. 1929, § 39-113; 1941 Comp., § 10-512; 1953 Comp., § 5-6-11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 215.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-8 - [Shortage compromises declared invalid; recovery of full payment; limitation of action.]

Any compromise, satisfaction or discharge of indebtedness prohibited by the preceding section [10-17-7 NMSA 1978] of this article is hereby declared to be invalid, and shall not be held a bar to any suit for the collection thereof, and suit may be brought at any time within four years from the date of any such compromise, satisfaction or discharge to enforce the payment thereof, notwithstanding any existing law of limitation.
History:
Laws 1893, ch. 5, § 2; C.L. 1897, § 3194; Code 1915, § 1865; C.S. 1929, § 39-114; 1941 Comp., § 10-513; 1953 Comp., § 5-6-12.
ANNOTATIONS
Purpose of sections.
— The object of this section and 10-17-7 NMSA 1978 is to exclude a special class of claims from the general statutes of limitation, whether existing at the time this act (10-17-7, 10-17-8 NMSA 1978) was passed or subsequently enacted.
State v. Roy
, 1937-NMSC-026, 41 N.M. 308, 68 P.2d 162.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 216.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-9 - [Defaulting officers; auditor's transcript of account; purpose.]

Whenever any revenue officer or other person responsible for public money has neglected or refused or shall in future neglect or refuse to pay over to the state treasurer the sum or balance for which he is accountable, and which is due to the state, upon the settlement of his accounts, it shall be the duty of the state auditor to make a transcript of the account of such officer or person, with the state, showing the sum due the state by such officer or person, which said account shall be certified as true and correct, as taken from the books of the auditor, and shall be signed by said auditor and sealed with his official seal, and if he shall have no official seal, with his private seal, and the auditor shall transmit the same immediately, together with correct copies of any other document, bond, obligation or other instrument of writing, signed, sealed and certified as aforesaid, to the district attorney or attorney general to be used in the prosecution of such judge, officer, individual and their sureties, if they have such sureties.
History:
Laws 1869-1870, ch. 39, § 1; C.L. 1884, § 2284; C.L. 1897, § 3195; Code 1915, § 1866; C.S. 1929, § 39-115; 1941 Comp., § 10-514; 1953 Comp., § 5-6-13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 215.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-10 - [Prosecution for shortage; proof required; judgment; execution.]

Such prosecution shall be brought for the whole sum due and the interest accrued, and it shall be sufficient to prove the amount of the debt, and the fact that the securities were the securities of the said officer or individual prosecuted, and judgment shall be given against said officer or individual and their said securities for the sum so due and interest according to law, and execution shall thereupon be issued against all the parties so tried, in favor of the state.
History:
Laws 1869-1870, ch. 39, § 2; C.L. 1884, § 2285; C.L. 1897, § 3196; Code 1915, § 1867; C.S. 1929, § 39-116; 1941 Comp., § 10-515; 1953 Comp., § 5-6-14.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 216.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-11 - [Institution of shortage prosecution; admissible evidence.]

When any party shall be liable to be prosecuted under the provisions of this and the two preceding sections [10-17-9, 10-17-10 NMSA 1978], it shall be the duty of the district attorney to immediately commence a suit in favor of the state against said party and his securities for the sum due and interest according to law, and in the trial of any cause now or that may be hereafter pending against any officer or person and their securities, the certified transcript of the account of said officer or individual provided for by said sections and the certified copies of any other document, bond, obligation or other instrument of writing sealed, signed and certified in conformity with the said sections, or the originals, shall be admitted as evidence of such debt or liability of said officer or individual, and their securities, and the court trying the cause shall give judgment and issue execution in conformity to said evidence.
History:
Laws 1869-1870, ch. 39, § 3; C.L. 1884, § 2286; C.L. 1897, § 3197; Code 1915, § 1868; C.S. 1929, § 39-117; 1941 Comp., § 10-516; 1953 Comp., § 5-6-15.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 216.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 17 - Miscellaneous Provisions › Section 10-17-12 - [Willful neglect of duty; penalty.]

When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every wilful [willful] neglect to perform such duty, where no special provision shall have been made for the punishment of such delinquency, shall be deemed a misdemeanor, punishable by imprisonment in the county jail for not less than ten nor more than sixty days or by a fine of not less than $100, nor more than $500.
History:
1941 Comp., § 10-517, enacted by Laws 1951, ch. 13, § 1; 1953 Comp., § 5-6-16.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 255 to 263.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 1 - Joint Powers Agreements › Section 11-1-1 - Short title.

This act [11-1-1 to 11-1-7 NMSA 1978] may be cited as the "Joint Powers Agreements Act."
History:
1953 Comp., § 4-22-1, enacted by Laws 1961, ch. 135, § 1.
ANNOTATIONS
Cross references.
— For the Planning District Act,
see
4-58-1 NMSA 1978 et seq.
Legislative intent.
— The intent of the legislature in the Joint Powers Agreements Act was to allow a joint and coordinated effort to be undertaken by separate governmental units. 1969 Op. Att'y Gen. No. 69-127.
Law reviews.
— For comment, "Tribal-State Relations: Time For Constitutional Stature?", see 26 N.M.L.Rev. 293 (1996).
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 1 - Joint Powers Agreements › Section 11-1-4 - Terms and conditions of joint agreements.

A. Every agreement executed by one or more public agencies shall clearly specify the purpose of the agreement or for any power which is to be exercised. The agreement shall provide for the method by which the purpose will be accomplished and the manner in which any power will be exercised under such agreement.
B. The parties to the agreement may provide therein that:
(1) contributions from the funds of the public agencies may be made for the purpose set forth in the agreement; or
(2) payments of public funds may be made to defray cost of such agreement; or
(3) advances of public funds of the public agencies be made for the purpose set forth in the agreement and that such advances be repaid as provided in such agreement.
C. The agreement may provide that funds be paid to and disbursed by the agency agreed upon by the public agencies under the terms of the agreement.
D. The agreement shall provide for strict accountability of all receipts and disbursements.
E. The agreement may be continued for a definite term or until rescinded or terminated, and may provide for the method by which it may be rescinded or terminated by any party.
F. The agreement shall provide for the disposition, division or distribution of any property acquired as the result of the joint exercise of powers, and shall further provide that after the completion of the agreement's purpose any surplus money on hand shall be returned in proportion to the contributions made.
G. If the purpose set forth in [the] agreement is the acquisition, construction or operation of a revenue-producing facility, the agreement may provide:
(1) for the repayment or return to the parties of all or any part of any contributions, payments or advancements made by the parties pursuant to such agreement; and
(2) for payment to the parties of any sum derived from the revenues of such facilities.
H. Payments, repayments or returns to a public agency shall be made at the time and in the manner specified in the agreement.
History:
1953 Comp., § 4-22-4, enacted by Laws 1961, ch. 135, § 4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 1 - Joint Powers Agreements › Section 11-1-5 - Powers of administering agency under agreement.

A. The agency provided by the agreement to administer or execute the agreement may be one of the parties to the agreement or a commission or board constituted pursuant to the agreement.
B. The administering agency under any such agreement shall be considered under the provisions of this Joint Powers Agreements Act as an entity separate from the parties to such agreement.
C. The agency shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement, subject to any of the restrictions imposed upon the manner of exercising such power of one of the contracting public agencies or such restrictions of any public agency participating which may be designated or incorporated in the agreement.
History:
1953 Comp., § 4-22-5, enacted by Laws 1961, ch. 135, § 5.
ANNOTATIONS
Scope of powers.
— A development district created pursuant to the Joint Powers Agreements Act may only exercise powers common to the contracting parties. 1969 Op. Att'y Gen. No. 69-127.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 1 - Joint Powers Agreements › Section 11-1-6 - Privileges and immunities, exemptions, benefits.

All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation and other benefits which apply to the activity of officers, agents or employees of any such public agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of the Joint Powers Agreements Act.
History:
1953 Comp., § 4-22-6, enacted by Laws 1961, ch. 135, § 6.
ANNOTATIONS
Scope of section.
— This section goes no further than to provide that an official of a participating member of the joint project does not lose his privileges, immunities or benefits during the time that he is serving under the joint project. Thus, participation by an official previously covered by the Public Employees Retirement Act [Chapter 10, Article 11 NMSA 1978] does not remove him from continued participation in the retirement system, but it does nothing whatever to confer or transfer participation to other officials who are not so covered by the system. 1970 Op. Att'y Gen. No. 70-58.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 1 - Joint Powers Agreements › Section 11-1-7 - Power to issue revenue bonds.

In addition to other powers, any agency, commission or board provided for by a joint powers agreement pursuant to this Joint Powers Agreements Act may issue revenue bonds to pay the cost and expenses of acquiring or constructing any structures, facilities or equipment necessary to effectuate the purposes of the agreement; provided, however, such authority shall be subject to the provisions of the Joint Powers Agreements Act and the constitutional provisions of this state.
History:
1953 Comp., § 4-22-7, enacted by Laws 1961, ch. 135, § 7.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 2 - Commission on Intergovernmental Cooperation › Section 11-2-1 - Commission on intergovernmental cooperation.

There is created the "commission on intergovernmental cooperation." The members and officers of the legislative council are ex-officio members and officers of the commission, and the director of the legislative council service is ex-officio executive secretary of the commission.
History:
1953 Comp., § 4-6-4, enacted by Laws 1963, ch. 90, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1963, ch. 90, § 1, repealed 4-6-4, 1953 Comp., and enacted a new section.
Cross references.
— For legislative council service,
see
2-3-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 2 - Commission on Intergovernmental Cooperation › Section 11-2-2 - [Duties of commission.]

It shall be the function of this commission:
A. to carry forward the participation of this state as a member of the council of state governments;
B. to encourage and assist the legislative, executive, administrative and judicial officials and employees of this state to develop and maintain friendly contact by correspondence, by conference and otherwise, with officials and employees of the other states, of the federal government and of local units of government;
C. to endeavor to advance cooperation between this state and other units of government whenever it seems advisable to do so by formulating proposals for, and by facilitating:
(1) the adoption of compacts;
(2) the enactment of uniform or reciprocal statutes;
(3) the adoption of uniform or reciprocal administrative rules and regulations;
(4) the informal cooperation of governmental offices with one another;
(5) the personal cooperation of governmental officials and employees with one another, individually;
(6) the interchange and clearance of research and information; and
(7) any other suitable process;
D. in short, to do all such acts as will, in the opinion of this commission, enable this state to do its part - or more than its part in forming a more perfect union among the various governments in the United States and in developing the council of state governments for that purpose.
History:
Laws 1937, ch. 64, § 6; 1941 Comp., § 3-506; 1953 Comp., § 4-6-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 2 - Commission on Intergovernmental Cooperation › Section 11-2-3 - [Appointment of delegations and committees.]

The commission shall establish such delegations and committees as it deems advisable, in order that they may confer and formulate proposals concerning effective means to secure intergovernmental harmony, and may perform other functions for the commission in obedience to its decisions. Subject to the approval of the commission, the member or members of each such delegation or committee shall be appointed by the chairman of the commission. State officials or employees who are not members of the commission on intergovernmental cooperation may be appointed as members of any such delegation or committee, but private citizens holding no governmental position in this state shall not be eligible. The commission may provide such other rules as it considers appropriate concerning the membership and the functioning of any such delegation or committee. The commission may provide for advisory boards for itself and for its various delegations and committees, and may authorize private citizens to serve on such boards.
History:
Laws 1937, ch. 64, § 7; 1941 Comp., § 3-507; 1953 Comp., § 4-6-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 2 - Commission on Intergovernmental Cooperation › Section 11-2-4 - [Council of state governments; joint governmental agency.]

The council of state governments is hereby declared to be a joint governmental agency of this state and of the other states which cooperate through it.
History:
Laws 1937, ch. 64, § 10; 1941 Comp., § 3-510; 1953 Comp., § 4-6-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3 - Regional Housing Authorities (Repealed.) › Section 11-3-1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 132, § 31 repealed 11-3-1 NMSA 1978, as enacted by Laws 1967, ch. 196, § 1, relating to regional housing authorities created, effective May 18, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 11, Article 3A NMSA 1978.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3 - Regional Housing Authorities (Repealed.) › Section 11-3-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 132, § 31 repealed 11-3-2 NMSA 1978, as enacted by Laws 1967, ch. 196, § 2, relating to powers of authority in board of commissioners, appointment of board of authorities and terms, effective May 18, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 11, Article 3A NMSA 1978.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3 - Regional Housing Authorities (Repealed.) › Section 11-3-3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 132, § 31 repealed 11-3-3 NMSA 1978, as enacted by Laws 1967, ch. 196, § 3, relating to organization of boards and compensation of commissioners and employees, effective May 18, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 11, Article 3A NMSA 1978.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3 - Regional Housing Authorities (Repealed.) › Section 11-3-4 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 132, § 31 repealed 11-3-4 NMSA 1978, as enacted by Laws 1967, ch. 196, § 4, relating to jurisdiction, effective May 18, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 11, Article 3A NMSA 1978.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3 - Regional Housing Authorities (Repealed.) › Section 11-3-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 132, § 31 repealed 11-3-5 NMSA 1978, as enacted by Laws 1967, ch. 196, § 5, relating to conflict of interest, effective May 18, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 11, Article 3A NMSA 1978.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3 - Regional Housing Authorities (Repealed.) › Section 11-3-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1994, ch. 132, § 31 repealed 11-3-6 NMSA 1978, as enacted by Laws 1967, ch. 196, § 6, relating to powers, duties and limitation, effective May 18, 1994. For provisions of former section,
see
the 1993 NMSA 1978 on
NMOneSource.com
. For present comparable provisions,
see
Chapter 11, Article 3A NMSA 1978.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3A - Regional Housing Law › Section 11-3A-1 - Short title.

Chapter 11, Article 3A NMSA 1978 may be cited as the "Regional Housing Law".
History:
Laws 1994, ch. 132, § 1; 1995, ch. 191, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1995, ch. 191, § 25, effective June 16, 1995, repealed Laws 1994, ch. 132, § 30, which provided for the repeal of this section on July 1, 1995.
Cross references.
— For the Municipal Housing Law,
see
Chapter 3, Article 45 NMSA 1978.
For the Mortgage Finance Authority Act,
see
Chapter 58, Article 18 NMSA 1978.
The 1995 amendment,
effective June 16, 1995, substituted "Chapter 11, Article 3A NMSA 1978" for "This act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States §§ 82, 133, 134, 136 to 140.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3A - Regional Housing Law › Section 11-3A-2 - Finding and declaration of necessity.

It is declared that:
A. unsanitary and unsafe dwelling accommodations exist in the state;
B. low- and moderate-income persons are forced to reside in unsanitary and unsafe accommodations;
C. within the state:
(1) there is a shortage of safe and sanitary dwelling accommodations available at rents that low- and moderate-income persons can afford;
(2) low- and moderate-income persons are forced to occupy overcrowded, congested dwelling accommodations; and
(3) these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values;
D. excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities are necessitated;
E. private enterprise alone cannot meet the need or resolve the problems inherent in providing appropriate, safe, sanitary and sufficient housing for low- and moderate-income persons, and public participation in construction of low- and moderate-income housing does not compete with private enterprise;
F. demolition, replanning, reconstruction or renovation of unsanitary and unsafe housing and acquisition of land to provide safe and sanitary dwellings for low- and moderate-income persons are in the public interest and are essential state and local governmental functions requiring expenditures of public money; and
G. it is in the public interest that work on projects for demolition, planning, reconstruction, renovation and land acquisition for provision of safe and sanitary dwellings for low- and moderate-income persons be started immediately in order to relieve the housing shortage that has reached emergency status, and it is a necessity that the Regional Housing Law be continued to relieve that emergency.
History:
Laws 1994, ch. 132, § 2; 1995, ch. 191, § 2; 2009, ch. 48, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1995, ch. 191, § 25, effective June 16, 1995, repealed Laws 1994, ch. 132, § 30, which provided for the repeal of this section on July 1, 1995.
The 2009 amendment,
effective March 31, 2009, in Subsections B, C, E, F and G added "moderate-income persons".
The 1995 amendment,
effective June 16, 1995, divided Subsection C to form paragraphs, added "low-income" at the beginning of Paragraph (2) and "these" at the beginning of Paragraph (3), deleted "these conditions necessitate" from the beginning and added "are necessitated" at the end of Subsection D, rewrote Subsections E, F and G, and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3A - Regional Housing Law › Section 11-3A-4 - Regional housing authorities created.

Three regional housing authorities are created for the state of New Mexico as follows:
A. the northern regional housing authority that shall include Cibola, Taos, McKinley, Rio Arriba, San Juan, San Miguel, Mora, Los Alamos, Colfax and Sandoval counties;
B. the eastern regional housing authority that shall include Chaves, De Baca, Eddy, Guadalupe, Harding, Lea, Lincoln, Otero, Quay, Roosevelt, Union and Curry counties; and
C. the western regional housing authority that shall include Grant, Hidalgo, Luna, Sierra, Socorro, Catron, Torrance and Valencia counties.
History:
Laws 1994, ch. 132, § 4; 2009, ch. 48, § 3.
ANNOTATIONS
Compiler's notes.
— Laws 1995, ch. 191, § 25, effective June 16, 1995, repealed Laws 1994, ch. 132, § 30, which provided for the repeal of this section on July 1, 1995.
The 2009 amendment,
effective March 31, 2009, at the beginning of the first sentence, changed "Seven" to "Three"; deleted the former second sentence, which provided that the areas of the seven regional housing authorities are coextensive with the boundaries of the seven housing regions; deleted former Subsections A through G, which listed the counties in each housing region; and added Subsections A through C.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3A - Regional Housing Law › Section 11-3A-8 - Requirements respecting lease.

A. Prior to the leasing of any housing project, the regional housing authority shall determine and find the following:
(1) the amount necessary in each year to pay indebtedness proposed to fund the housing project; and
(2) the amount necessary to be paid each year into any reserve funds that the regional housing authority may deem advisable to establish in connection with the retirement of any indebtedness and the maintenance of the housing project and, unless the terms under which the housing project is to be leased provide that the lessee shall maintain the housing project and carry all proper insurance with respect to it, the estimated cost of maintaining the housing project in good repair and keeping it properly insured.
B. The determinations and findings of the regional housing authority required to be made in this section shall be set forth in the proceedings under which the proposed indebtedness is to be incurred.
C. Prior to the incurrence of any indebtedness, the regional housing authority shall lease or sell the housing project to a lessee or purchaser under an agreement that is conditioned upon completion of the housing project and that provides for payment to the regional housing authority of rentals or payments in an amount that is found, based on the determinations and findings, to:
(1) pay the indebtedness incurred to fund the housing project;
(2) build up and maintain any reserve deemed by the regional housing authority to be advisable in connection with the housing project; and
(3) pay the costs of maintaining the housing 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 housing project.
History:
Laws 1994, ch. 132, § 8; 1995, ch. 191, § 7; 2009, ch. 48, § 7.
ANNOTATIONS
Compiler's notes.
— Laws 1995, ch. 191, § 25, effective June 16, 1995, repealed Laws 1994, ch. 132, § 30, which provided for the repeal of this section on July 1, 1995.
The 2009 amendment,
effective March 31, 2009, in Subsections A, B and C, added "regional housing authority" and changed "bond" to "indebtedness".
The 1995 amendment,
effective June 16, 1995, redesignated the subsections, substituted "section" for "subsection" in Subsection B, and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 3A - Regional Housing Law › Section 11-3A-9 - Nonprofit corporations.

Every regional housing authority, in addition to other powers conferred by the Regional Housing Law, shall have, if authorized by resolution of its board of commissioners, the power to create nonprofit corporations to carry out the powers and duties set forth in Section 11-3A-7 NMSA 1978. The articles of incorporation and bylaws, and any subsequent changes, shall be recommended for approval by the New Mexico mortgage finance authority. Such nonprofit corporations shall be subject to all of the duties and limitations imposed on the regional housing authority and its board of commissioners.
History:
Laws 1994, ch. 132, § 9; 1995, ch. 191, § 8; 2007, ch. 50, § 5; 2009, ch. 48, § 8; 2019, ch. 85, § 2.
ANNOTATIONS
The 2019 amendment,
effective June 14, 2019, removed the requirements that the state board of finance approve the creation of non-profit corporations to carry out the powers and duties of a regional housing authority and that the state board of finance approve the articles of incorporation and bylaws of the non-profit corporations; and after "by resolution of its board of commissioners", deleted "and approved by the state board of finance", and after "recommended for approval by", deleted "the state board of finance and".
The 2009 amendment,
effective March 31, 2009, added "regional housing authority".
The 2007 amendment,
effective March 28, 2007, authorized a regional housing authority to create nonprofit corporations if approved by the state board of finance and requires the state board of finance and the New Mexico mortgage finance authority to review articles of incorporation and bylaws.
The 1995 amendment,
effective June 16, 1995, substituted "if authorized by resolution of its board, the power" for "and is hereby authorized, by proper resolution of its board" in the first sentence, and made a stylistic change in the statutory reference.