reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-27 - Election not required.

The Special Hospital District Act shall not be construed to require an election by the voters of a special hospital district prior to the issuance of revenue bonds hereunder by the special hospital district.
History:
1978 Comp., § 4-48A-27, enacted by Laws 1981, ch. 84, § 18.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-28 - No notice or publication required.

No notice, consent or approval by any governmental body, commission, board or public officer shall be required as a prerequisite to the sale or issuance of any revenue bonds or the making of a mortgage under the authority of the Special Hospital District Act, except as provided herein.
History:
1978 Comp., § 4-48A-28, enacted by Laws 1981, ch. 84, § 19.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48A - Special Hospital Districts › Section 4-48A-30 - Refunding revenue bonds.

The board of trustees of a special hospital district may issue refunding bonds for the purpose of refunding any of the revenue bonds of the special hospital district. The board of trustees shall adopt a resolution stating the facts making the issuance of the refunding bonds necessary or advisable, the determination of the necessity or advisability by the board of trustees and the amount of refunding bonds that the board of trustees concludes as necessary and advisable to issue. The resolution shall establish the form of the bonds; the rate or rates of interest of the bonds, provided the net effective interest rate of the bonds shall not exceed the maximum net effective interest rate permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; the date of the refunding bonds; the denominations of the refunding bonds; the maturity dates, the last of which shall not be more than thirty years from the date of the refunding bonds; and the place or places of payment of both principal and interest either within or outside of the state. Refunding bonds when issued, except for bonds issued in book entry or similar form without the delivery of physical securities, shall be negotiable in form, bear the signature or the facsimile signature of the chairman of the board, bear the seal of the district and be attested by the secretary of the board. All refunding bonds may be exchanged dollar for dollar for the bonds to be refunded or they may be sold at a public or private sale as directed by the board of trustees. The proceeds of the sale shall be applied only to the purpose for which the refunding bonds were issued, including but not limited to establishment and funding of an escrow with a bank or trust company from which the refunded bonds may be paid and the payment of any expenses incidental thereto.
History:
1978 Comp., § 4-48A-30, enacted by Laws 1992, ch. 41, § 3.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-1 - Short title.

Chapter 4, Article 48B NMSA 1978 may be cited as the "Hospital Funding Act".
History:
1978 Comp., § 4-48B-1, enacted by Laws 1981, ch. 83, § 1; 1982, ch. 11, § 1.
ANNOTATIONS
Cross references.
— For the Statewide Health Care Act,
see
27-10-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 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 48B - Hospital Funding › Section 4-48B-2 - Purpose of act.

The purpose of the Hospital Funding Act is:
A. to encourage and enable counties and other political subdivisions to provide appropriate and adequate hospital facilities for the sick of the counties;
B. to provide flexibility in financing construction, operation and maintenance of necessary hospital facilities; and
C. to minimize the cost of constructing new hospital facilities and maintaining adequate hospital facilities in all geographic areas of the state.
History:
Laws 1980, ch. 46, § 1; 1978 Comp., § 4-48-11.2, recompiled as § 4-48B-2 by Laws 1981, ch. 83, § 2.
ANNOTATIONS
Cross references.
— For the use of federal funds for rural hospitals,
see
27-1-3.1 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-4 - Annual report.

Each contracting hospital shall prepare an annual accounting and report to the county or counties, or county or counties and another political subdivision with which the contracting hospital contracts, accounting for the expenditure of mill levy funds for the past year, an annual plan explaining the planned use of such funds for the succeeding year and other reports as the county or counties, or county or counties and another political subdivision, from time to time shall reasonably require.
History:
1978 Comp., § 4-48B-4, enacted by Laws 1981, ch. 83, § 4; 2001, ch. 291, § 6.
ANNOTATIONS
The 2001 amendment,
effective June 15, 2001, added "accounting and" near the beginning of the section and substituted "accounting for" for "explaining" near the middle of the section.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-7 - Power to lease hospitals.

A. All counties shall have the power to authorize the leasing or operating of county hospitals to persons, firms, organizations, corporations or a state educational institution named in Article 12, Section 11 of the constitution of New Mexico upon such terms and conditions as the county commissioners may determine. If the lease is to a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, the payment for the lease shall not exceed one dollar ($1.00) per year. The lease may be for any length of time deemed appropriate by the parties involved, provided that the lease shall contain a cancellation clause.
B. In the event of a lease to or an agreement to operate with a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, the county may delegate its authority to operate and maintain the hospital to that institution.
C. In the event of a lease to or an agreement to operate with a state educational institution named in Article 12, Section 11 of the constitution of New Mexico, the public character of the hospital shall continue, and county funds for the hospital shall be paid by the county to that institution for the operation and maintenance of the hospital. Any county hospital, or outpatient clinics thereof, leased to or operated under an agreement with a state educational institution named in Article 12, Section 11 of the constitution of New Mexico shall continue, during the state educational institution's operation and maintenance of the hospital, to be a local public body for purposes of the Unemployment Compensation Law [Chapter 51 NMSA 1978].
History:
1941 Comp., § 15-5005, enacted by Laws 1947, ch. 148, § 5; 1953 Comp., § 15-48-5; Laws 1978, ch. 168, § 1; 1978 Comp., § 4-48-4, recompiled as § 4-48B-7 by Laws 1981, ch. 83, § 7.
ANNOTATIONS
Agreements with private parties.
— Counties may enter into an agreement for operation of the hospital with private firms, persons or organizations, provided that the agreement makes adequate provision for the care of poor and sick persons and provides for the right to set up charges for hospital services. 1950 Op. Att'y Gen. No. 50-5280.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-8 - Sick and indigent persons; agreements for care with state and county agencies.

Counties, by their county commissioners, are authorized to make agreements with state or county agencies or other agencies for the care of sick and indigent persons. Such care shall be provided to all non-citizens, regardless of immigration status, if they meet all other qualifying criteria for such care.
History:
1941 Comp., § 15-5006, enacted by Laws 1947, ch. 148, § 6; 1953 Comp., § 15-48-6; 1978 Comp., § 4-48-5, recompiled as § 4-48B-8 by Laws 1981, ch. 83, § 8; 2021, ch. 127, § 2.
ANNOTATIONS
Cross references.
— For indigent hospital and county health care,
see
Chapter 27, Article 5 NMSA 1978.
The 2021 amendment,
effective June 18, 2018, provided that the care of sick and indigent persons provided by counties, under agreements with state or county agencies, shall be provided to all non-citizens regardless of immigration status; and after "sick and indigent persons", added "Such care shall be provided to all non-citizens, regardless of immigration status, if the meet all other qualifying criteria for such care."
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-11 - Federal aid.

The county commissioners and the hospital governing board shall have full power and authority to accept federal funds for the erection or enlargement of county hospitals and the maintenance and operation thereof, and to contract as a condition to the acceptance of such funds for the perpetual care in such hospitals of Indian patients at a per diem cost to be set out in the contracts between the appropriate agency of the federal government and the hospital governing boards or county commissioners.
History:
1941 Comp., § 15-5011, enacted by Laws 1949, ch. 95, § 2; 1953 Comp., § 15-48-11; 1978 Comp., § 4-48-10, recompiled as § 4-48B-11 by Laws 1981, ch. 83, § 11.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-13 - County hospital; power to lease; expenditure of proceeds from tax levy.

Any county hospital operated and maintained pursuant to a lease as authorized by the Hospital Funding Act which has mill levies levied and collected for its maintenance and operation pursuant to that act may expend those funds for the operation and maintenance of the hospital and the use of the funds is declared to be an incidental benefit to the lessee which is far outweighed by the greater benefits to the public as a whole. The operation and maintenance of a county hospital under lease to the extent of and the use of the funds levied pursuant to that act is deemed to be funding to the hospital as a public institution, and the hospital facility and lessee thereof are subject to the laws of this state regarding the expenditures of public money and the auditing requirements of same and to the provisions of any rules or regulations as are required.
History:
1978 Comp., § 4-48-11.1, enacted by Laws 1980, ch. 46, § 3; recompiled as § 4-48B-13 by Laws 1981, ch. 83, § 13.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-14 - Payment of charges; persons committed by district court.

A. Charges for care, treatment and services for any person sent by order of a district court to any county hospital or municipally owned hospital serving as a county hospital which is located outside the county of commitment shall be paid:
(1) by the patient, if he is able to pay; or
(2) by the county from which the patient was committed.
B. When a county is required by this section to pay such charges to another county, it shall levy and collect assessments as provided in the Hospital Funding Act.
History:
1953 Comp., § 15-48-12.2, enacted by Laws 1966, ch. 6, § 5; 1978 Comp., § 4-48-13, amended and recompiled as § 4-48B-14 by Laws 1981, ch. 83, § 14.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-16 - Validation of earlier elections.

All elections authorizing a mill levy assessment for hospital use which were held prior to the effective date of the Hospital Funding Act are declared valid for the use and purposes of that act, and such mill levy may be imposed and collected during the period of the authorization or any continuation thereof, and the funds may be expended in accordance with the provisions of that act. Any institution specifically named in any election is hereby deemed qualified as a county hospital or contracting hospital, as the case may be, and any authorization of the expenditure of public funds by a county hospital in any previous election is declared by the legislature to be authorization of expenditure of mill levy funds for a county hospital or contracting hospital under the provisions of the Hospital Funding Act.
History:
1978 Comp., § 4-48B-16, enacted by Laws 1981, ch. 83, § 16.
ANNOTATIONS
Funds to be expended for hospital named in mill levy election.
— Counties which held a hospital mill levy election prior to the Hospital Funding Act are expressly authorized to expend public funds for the operation of a hospital specifically named in the election. 1981 Op. Att'y Gen. No. 81-30.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-17 - Governing boards of county hospitals authorized to establish retirement plans and programs for employees of county hospitals.

The hospital governing board of a county hospital and regents of a state educational institution operating a county hospital under a contract approved by the state board of finance may establish retirement plans and programs for employees of a county hospital under their control. In establishing a retirement plan or program for county hospital employees, the governing board of the hospital may contract with private insurance companies. Any retirement benefits payable or paid to a county hospital employee resulting from a retirement plan or program authorized under this section are employee benefits and part of consideration for services rendered and are not donations to the employee.
History:
1953 Comp., § 15-48-15, enacted by Laws 1973, ch. 343, § 1; 1978 Comp., § 4-48-16, recompiled as § 4-48B-17 by Laws 1981, ch. 83, § 17; 1982, ch. 11, § 3.
ANNOTATIONS
Cross references.
— For powers of hospital governing boards generally,
see
4-48B-10 NMSA 1978.
For retirement of public employees generally,
see
10-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-18 - Hospital revenue bonds; authority to issue; pledge of revenues.

A. The counties agreeing jointly under Section 8 [9] [4-48B-9 NMSA 1978] of the Hospital Funding Act and the county or counties entering into an agreement with a municipality under Section 9 of the Hospital Funding Act may issue, separately, revenue bonds pursuant to that act for the purpose of constructing, purchasing, renovating, remodeling, equipping or re-equipping a county hospital and a jointly owned county-municipal hospital and the acquisition of land necessary therefor or any combination of the foregoing purposes.
B. The county or counties issuing revenue bonds pursuant to the Hospital Funding Act may pledge irrevocably all or a portion of the revenues derived from the operation of the county hospital or jointly owned county-municipal hospital and revenues derived from the leasing of or other contractual arrangement for the operation of a county hospital or jointly owned county-municipal hospital for the payment of principal and interest on the revenue bonds.
History:
1978 Comp., § 4-48B-18, enacted by Laws 1981, ch. 83, § 18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The reference to Section 8 of the Hospital Funding Act in Subsection A is seemingly incorrect. Section 9 of that act relates to joint agreements between counties for the construction and maintenance of hospitals.
See
4-48B-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-19 - Use of proceeds of bond issue.

It is unlawful to divert, use or expend any money received from the issuance of bonds for any purpose other than the purpose for which the bonds were issued.
History:
1978 Comp., § 4-48B-19, enacted by Laws 1981, ch. 83, § 19.
ANNOTATIONS
Constitutionality of use of bond proceeds.
— Use of bond moneys for purchase of hospital site and for equipping the building was granted by implication under N.M. Const., art. IX, § 10.
Board of Cnty. Comm'rs v. McCulloh
, 1948-NMSC-028, 52 N.M. 210, 195 P.2d 1005 (decided under former 4-48-2 NMSA 1978).
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-20 - Revenue bonds; terms.

Hospital 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 county 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 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 a public or private sale.
History:
1978 Comp., § 4-48B-20, enacted by Laws 1981, ch. 83, § 20; 1983, ch. 265, § 18.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-21 - Ordinance authorizing revenue bonds.

At a regular or special meeting called for the purpose of issuing revenue bonds as authorized pursuant to the Hospital Funding Act, the county commissioners may adopt an ordinance that:
A. declares the necessity for issuing revenue bonds;
B. authorizes the issuance of revenue bonds by an affirmative vote of a majority of the county commissioners of the county; and
C. designates the source of the pledge [pledged] revenues.
History:
1978 Comp., § 4-48B-21, enacted by Laws 1981, ch. 83, § 21.
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 48B - Hospital Funding › Section 4-48B-22 - Hospital revenue bonds not general county obligations.

Revenue bonds issued by a county under the authority of the Hospital Funding Act shall not be the general obligation of the county within the meaning of Article 9, Sections 10 and 13 of the constitution of New Mexico. The bonds shall be payable solely out of all or a portion of the net revenues derived from the operation of the county hospital or jointly owned county-municipal hospital and revenues derived from the leasing of or other contractual arrangement for the operation of a county hospital or jointly owned county-municipal hospital for which the bonds are issued. Revenue bonds and interest coupons issued under authority of that act shall never constitute an indebtedness of the county within the meaning of any state constitutional provision or statutory limitation and shall never constitute nor give rise to a pecuniary liability of the county or a charge against its general credit or taxing powers, and this fact shall be plainly stated on the face of each bond.
History:
1978 Comp., § 4-48B-22, enacted by Laws 1981, ch. 83, § 22.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-23 - Revenue bonds; security; restrictions and limitations.

A. The principal of and interest on any revenue bonds issued under the authority of the Hospital Funding Act shall be secured by a pledge of the revenues out of which such bonds shall be payable and may be secured by a mortgage covering all or any part of the county hospital or jointly owned county-municipal hospital from which the revenues so pledged may be derived.
B. The ordinance and proceedings under which 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 the county hospital or jointly owned county-municipal hospital covered by such proceedings or mortgage, the maintenance and insurance of these hospitals, the creation and maintenance of special funds derived from the revenues relating to such hospital, and the rights and remedies available in the event of default to the bondholders or to the trustee under a mortgage, all as the county commissioners shall deem advisable and as shall not be in conflict with the provisions of the Hospital Funding Act; provided, however, that in making any such agreements or provisions a county shall not have the power to obligate itself except with respect to the purposes for which the revenue bonds are issued and application of the revenues pledged from the operation of a county hospital or jointly owned county-municipal hospital and shall not have the power to incur a pecuniary liability or charge upon its general credit or against its taxing powers. The proceedings authorizing any revenue bonds and any mortgage securing those bonds may provide the procedure and remedies in the event of default in payment of the principal of or the interest on the bonds or in the performance of any agreement. No breach of any agreement shall impose any pecuniary liability upon a county or any charge upon its general credit or against its taxing powers.
History:
1978 Comp., § 4-48B-23, enacted by Laws 1981, ch. 83, § 23.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-24 - Revenue bonds; exemption from taxation.

The revenue bonds issued under authority of the Hospital Funding Act and the income from the bonds, all mortgages or other security instruments executed as security for the bonds, all agreement [agreements] made pursuant to the provisions of that act and the revenues derived therefrom by a county shall be exempt from all taxation by the state or any political subdivision thereof.
History:
1978 Comp., § 4-48B-24, enacted by Laws 1981, ch. 83, § 24.
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 48B - Hospital Funding › Section 4-48B-25 - Election not required.

The Hospital Funding Act shall not be construed as requiring an election by the voters of a county prior to the issuance of revenue bonds under that act by a county.
History:
1978 Comp., § 4-48B-25, enacted by Laws 1981, ch. 83, § 25.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-26 - No notice or publication required.

No notice, consent or approval by any governmental body, commission or public officer shall be required as a prerequisite to the sale or issuance of any revenue bonds or the making of a mortgage under the authority of the Hospital Funding Act, except as provided in that act.
History:
1978 Comp., § 4-48B-26, enacted by Laws 1981, ch. 83, § 26.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-27 - Hospitals declared necessary public buildings.

The legislature declares that hospitals are necessary public buildings with respect to which counties may borrow money for construction, purchase, renovation, remodeling, equipping or re-equipping and acquisition of necessary land.
History:
1978 Comp., § 4-48B-27, enacted by Laws 1981, ch. 83, § 27.
ANNOTATIONS
Cross references.
— For power of county commissioners with respect to county buildings,
see
4-38-16 NMSA 1978.
For other necessary public buildings,
see
4-49-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 48B - Hospital Funding › Section 4-48B-29 - Refunding revenue bonds.

The county commissioners may issue refunding bonds for the purpose of refunding any of the revenue bonds issued under the Hospital Funding Act. The board shall adopt an ordinance or resolution stating the facts making the issuance of the refunding bonds necessary or advisable, the determination of the necessity or advisability by the county commissioners and the amount of refunding bonds that the county commissioners conclude as necessary and advisable to issue. The ordinance or resolution shall establish the form of the bonds; the rate or rates of interest of the bonds, provided the net effective interest rate of the bonds shall not exceed the maximum net effective interest rate permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978]; the date of the refunding bonds; the denominations of the refunding bonds; the maturity dates, the last of which shall not be more than thirty years from the date of the refunding bonds; and the place or places of payment of both principal and interest either within or outside of the state. Refunding bonds when issued, except for bonds issued in book entry or similar form without the delivery of physical securities, shall be negotiable in form, bear the signature or the facsimile signature of the chairman of the board of county commissioners, bear the seal of the county and be attested by the clerk of the county. All refunding bonds may be exchanged dollar for dollar for the bonds to be refunded or they may be sold at a public or private sale as directed by the county commissioners. The proceeds of the sale shall be applied only to the purpose for which the refunding bonds were issued, including but not limited to establishment and funding of an escrow with a bank or trust company from which the refunded bonds may be paid and the payment of any expenses incidental thereto.
History:
1978 Comp., § 4-48B-29, enacted by Laws 1992, ch. 41, § 5.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-1 - Bonds for remodeling and making additions.

Bonds may be issued under the provisions of Sections 4-49-1 through 4-49-21 NMSA 1978 for the purpose of remodeling and making additions to necessary public buildings and for water, sewer or sanitary landfill systems and airports under the same conditions as provided for issuance of bonds for constructing them. Provided, however, that no money derived from general obligation bonds issued and sold under the provisions of Sections 4-49-1 through 4-49-21 NMSA 1978 shall be used for maintaining existing buildings, and, if used for that purpose, the bonds shall be invalid.
History:
1953 Comp., § 15-49-2.1, enacted by Laws 1963, ch. 246, § 1; 1983, ch. 184, § 1.
ANNOTATIONS
Cross references.
— For provisions relating to form, interest, maturities, payment, sale and other matters relating to general obligation bonds issued by counties,
see
6-15-3 NMSA 1978 et seq.
Extent of bond issues limited.
— A county may borrow money through the issuance of general obligation bonds only to the extent authorized by law or necessarily implied therefrom. 1980 Op. Att'y Gen. No. 80-02.
Proper expenditures from bond proceeds.
— In addition to actual construction-related costs, the proceeds of general obligation bond issues of a county may be expended only for the purchase of the construction site and for equipment which becomes an integral part of the building being constructed (i.e., fixtures) or which is of a permanent or nondepletable nature and reasonably necessary to the use of the building for its intended purpose (e.g., beds, mattresses and other permanent furnishings). 1980 Op. Att'y Gen. No. 80-02.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-2 - [Location of county hospitals; approval of the department of health.]

The county hospital or hospitals constructed pursuant to the provisions of this act [4-49-2, 4-49-3, 4-49-8 NMSA 1978] shall be situated in the county in such manner as to make hospital service reasonably accessible to all persons in the county, as determined by the county commissioners in each county, subject to the approval of the director of the state department of public health [secretary of health].
History:
1941 Comp., § 15-4618, enacted by Laws 1947, ch. 20, § 4; 1953 Comp., § 15-49-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. Laws 1991, ch. 25, § 16 repealed former 9-7-4 NMSA 1978 and enacted a new 9-7-4 NMSA 1978, relating to the department of health. Laws 1991, ch. 25, § 17 amended 9-7-5 NMSA 1978 to provide that the administrative head of the department of health is the secretary of health.
Compiler's notes.
— The powers, duties and property of the former state departments of public health and public welfare and the state department of public health and welfare were transferred to the "health and social services department" by Laws 1968, ch. 37, § 3.
Cross references.
— For power of counties to construct, purchase, own, maintain and operate hospitals generally,
see
4-48B-5 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-3 - [Two or more counties joining in construction of county hospital; bonds.]

If two or more counties shall, through their respective boards of county commissioners, deem it advisable to construct one hospital or isolation ward for the benefit jointly of such counties, the said counties jointly shall have the powers and authorities in this act [4-49-2, 4-49-3, 4-49-8 NMSA 1978] granted to any individual county, and any bonds so issued shall be bonds of the respective counties issued according to the proportions of their populations as shown in the last census, and such hospital and [or] isolation ward may be located at any point in any of the counties as may be determined by agreement of the boards of county commissioners.
History:
1941 Comp., § 15-4619, enacted by Laws 1947, ch. 20, § 5; 1953 Comp., § 15-49-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For joint county-municipal hospitals,
see
3-44-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-4 - Bonds for courthouses, jails and bridges.

The bonds authorized in Chapter 4, Article 49 NMSA 1978 to be issued shall be in such form and shall be payable at such place or places as the board of county commissioners may direct, with interest payable semiannually at the same place or places where the principal is made payable. The bonds, except for bonds issued in book entry or similar form without the delivery of physical securities, shall bear the seal of the county issuing them and shall be signed by the chairman of the board of county commissioners and attested by the county clerk.
History:
Laws 1891, ch. 83, § 2; C.L. 1897, § 350; Code 1915, § 1157; C.S. 1929, § 33-3902; 1941 Comp., § 15-4602; 1953 Comp., § 15-49-5; 1983, ch. 265, § 19.
ANNOTATIONS
Cross references.
— For restrictions on county indebtedness,
see
N.M. Const., art. IX, § 10.
For destruction of documentary evidence of extinguished public debt,
see
6-10-62 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-5 - [Election necessary.]

That before any bonds shall be issued under this article, the same shall be ordered by a vote of the qualified electors of such county, in the same manner hereinafter provided.
History:
Laws 1891, ch. 83, § 3; C.L. 1897, § 351; Code 1915, § 1158; C.S. 1929, § 33-3903; 1941 Comp., § 15-4603; 1953 Comp., § 15-49-6.
ANNOTATIONS
Cross references.
— For restrictions on county indebtedness,
see
N.M. Const., art. IX, § 10.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-6 - Legislative declaration; necessary public buildings and public projects.

The legislature declares that courthouses, jails, bridges, hospitals, public libraries, facilities for the holding of county fairs, cultural facilities, juvenile detention homes, athletic facilities, parking structures, administrative facilities, facilities for housing equipment, repairing equipment and servicing equipment and sewerage facilities are necessary public buildings, and the purchase of books or other library resources, construction or repair of public roads, construction and acquisition of water, sewer or sanitary landfill systems and airports are necessary public projects.
History:
1953 Comp., § 15-49-6.1, enacted by Laws 1973, ch. 400, § 1; 1975, ch. 84, § 1; 1976, ch. 42, § 1; 1979, ch. 137, § 1; 1983, ch. 184, § 2; 1985, ch. 50, § 1; 1991, ch. 89, § 1.
ANNOTATIONS
Cross references.
— For hospital funding,
see
4-48B-1 NMSA 1978 et seq.
For restrictions on county indebtedness,
see
N.M. Const., art. IX, § 10.
For bonds for juvenile detention homes,
see
33-6-1, 33-6-2 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, inserted "the purchase of books or other library resources" near the end of the section and made a minor stylistic change.
Proper expenditures from bond proceeds.
— In addition to actual construction-related costs, the proceeds of general obligation bond issues of a county may be expended only for the purchase of the construction site and for equipment which becomes an integral part of the building being constructed (i.e., fixtures) or which is of a permanent or nondepletable nature and reasonably necessary to the use of the building for its intended purpose (e.g., beds, mattresses and other permanent furnishings). 1980 Op. Att'y Gen. No. 80-02.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-7 - General obligation bonds; authority to issue.

The boards of county commissioners may issue the general obligation bonds of the county in any sum necessary, not greater than four percent, inclusive of all other bonded indebtedness, of the assessed value of the taxable property of the county, for the purpose of building courthouses, jails, bridges, hospitals, public libraries, facilities for the holding of county fairs, cultural facilities, purchasing books or other library resources, building juvenile detention homes, athletic facilities, parking structures, administrative facilities, facilities for housing equipment, repairing equipment and servicing equipment and sewerage facilities, constructing or repairing public roads and for construction and acquisition of water, sewer or sanitary landfill systems and airports.
History:
1953 Comp., § 15-49-6.2, enacted by Laws 1973, ch. 400, § 2; 1975, ch. 84, § 2; 1976, ch. 42, § 2; 1979, ch. 137, § 2; 1983, ch. 184, § 3; 1985, ch. 50, § 2; 1991, ch. 89, § 2.
ANNOTATIONS
Cross references.
— For hospital funding,
see
4-48B-1 NMSA 1978 et seq.
For restrictions on county indebtedness,
see
N.M. Const., art. IX, § 10.
For bonds for juvenile detention homes,
see
33-6-1, 33-6-2 NMSA 1978.
The 1991 amendment,
effective June 14, 1991, inserted "purchasing books or other library resources, building" near the middle of the section.
Proper expenditures from bond proceeds.
— In addition to actual construction-related costs, the proceeds of general obligation bond issues of a county may be expended only for the purchase of the construction site and for equipment which becomes an integral part of the building being constructed (i.e., fixtures) or which is of a permanent or nondepletable nature and reasonably necessary to the use of the building for its intended purpose (e.g., beds, mattresses and other permanent furnishings). 1980 Op. Att'y Gen. No. 80-02.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-9 - [Second petition; procedure.]

In the event that a second petition is filed, the procedure for the calling of such election, for giving notice thereof and for all other procedure requirements, shall be the same as if no other petition had been filed.
History:
Laws 1937, ch. 52, § 2; 1941 Comp., § 15-4605; 1953 Comp., § 15-49-8.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-10 - [Conduct of election.]

All such elections as herein provided for shall be held at the usual place of voting in such county, and shall be conducted by the officers or persons provided by law for the holding of ordinary or general elections in any such county, such election to be in all respects governed by, and the result declared according to, the rules and regulations provided by law for holding ordinary or general elections.
History:
Laws 1891, ch. 83, § 5; C.L. 1897, § 353; Code 1915, § 1160; C.S. 1929, § 33-3905; 1941 Comp., § 15-4606; 1953 Comp., § 15-49-9.
ANNOTATIONS
Cross references.
— For conduct of general elections,
see
1-1-1 NMSA 1978 et seq.
Holding of bond election and regular election at same time.
— The submission of the proposition of the issuance of county bonds for a courthouse may be at the same time as the regular election if 4-49-8 NMSA 1978 is complied with in the matter of published notice. 1919 Op. Att'y Gen. No. 19-2347.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-11 - [Ballots.]

The vote at all such elections shall be by ballot, on tickets or ballots having written or printed words, "For courthouse bonds," or "Against," [or] any other work of improvement for which bonds are to be voted, as the case may be.
History:
Laws 1891, ch. 83, § 6; C.L. 1897, § 354; Code 1915, § 1161; C.S. 1929, § 33-3906; 1941 Comp., § 15-4607; 1953 Comp., § 15-49-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Necessity for statement in election notice or ballot as to location of proposed building.
— No language in the statutes specifically requires that the exact proposed location of a proposed jail be stated either in the election notice or in the ballot form, even if such a place be designated in the petition. 1951 Op. Att'y Gen. No. 51-5402.
Numbers on ballots.
— It is not necessary that ballots used in courthouse bond election have a concealed number. 1938 Op. Att'y Gen. No. 38-2013.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-12 - [Qualifications of voters.]

All qualified electors under the laws of this state who are property taxpayers shall be entitled to vote at all elections provided by this article.
History:
Laws 1891, ch. 83, § 7; C.L. 1897, § 355; Code 1915, § 1162; C.S. 1929, § 33-3907; 1941 Comp., § 15-4608; 1953 Comp., § 15-49-11.
ANNOTATIONS
Cross references.
— For restrictions on county indebtedness,
see
N.M. Const., art. IX, § 10.
Compiler's notes.
— The restriction by this section of the right to vote in bond elections to property owners appears to be unconstitutional under the rationale of the decision in Bd. of Educ. v. Maloney, 82 N.M. 167, 477 P.2d 605 (1970).
See also
N.M. Const., art. IX, § 10.
Persons entitled to vote at elections.
— Petitions may be signed by any qualified electors of the county though only property owners may vote on the proposition in view of N.M. Const., art. IX, § 10. 1941 Op. Att'y Gen. No. 41-3755
Members of a firm or a corporation whose individual names do not appear on the tax rolls, or where it is not shown that certain individual members have paid property taxes, are not entitled to vote in bond election for a courthouse and jail. 1938 Op. Att'y Gen. No. 38-2041.
Ex-soldiers who have completely used up their exemption are not entitled to vote for a bond election for a courthouse and jail, unless they have actually paid property taxes during the preceding year. 1938 Op. Att'y Gen. No. 38-2013; 1938 Op. Att'y Gen. No. 38-2041.
In a bond election for a courthouse and jail, the petition must be signed by not less than 200 qualified electors of the county who may not be taxpayers, but the voters at such election must have paid a property tax the preceding year. 1938 Op. Att'y Gen. No. 38-2013; 1938 Op. Att'y Gen. No. 38-2041.
Persons who pay no tax are not entitled to vote at a county bond election by reason of their having purchased an automobile license plate because, while it may be in lieu of a property tax, it is not a property tax, and the proceeds, so far as the county is concerned, go to the road fund and not to payment of the county bonded indebtedness. 1939 Op. Att'y Gen. No. 39-3240 (rendered prior to amendment of N.M. Const. art. IX, § 10).
Law reviews.
— For comment, "The Last Bastion Crumbles: All Property Restrictions on Franchise Are Unconstitutional," see 1 N.M.L. Rev. 403 (1971).
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-13 - [Stream on county boundary; bridge bonds.]

When any two counties are separated by a stream of water, and it is desired to bridge such stream, such counties may join in the construction of the same, and the county commissioners of the aforesaid counties shall determine the proportionate share of bonds to be issued by each, and each county shall bear its proportionate share and expense of cost of constructing and maintaining said bridge, and if the same be a toll bridge, shall receive a proportionate share of tolls collected therefrom: provided, that each county shall vote separately on the issue of the bonds.
History:
Laws 1891, ch. 83, § 8; C.L. 1897, § 356; Code 1915, § 1163; C.S. 1929, § 33-3908; 1941 Comp., § 15-4609; 1953 Comp., § 15-49-12.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-14 - [Vote for issuance; notice of bids; proposals; place of construction.]

If the majority of the legal votes cast at any such election herein provided for shall be in favor of the proposition voted for the issuing of bonds, then the county commissioners of such county, if the proposition be for the building of a courthouse or jail or bridge for which bonds were voted, shall without delay give notice in some newspaper of general circulation published in such county, not exceeding thirty days, that sealed proposals will be received until a certain hour in a certain day named in such notice, not to exceed thirty days thereafter, for the building of such courthouse, or jail, or bridge, as the case may be, which notice shall set forth the location of the proposed courthouse or jail or bridge with such particularity of details that an inspection of the premises may be had without difficulty.
Proposals for the building of any such courthouse or jail or bridge, if notices have not been given by the county commissioners of such county that such proposals shall be for the building of such courthouse or jail or bridge, in accordance with the plans and specifications on file in the possession of said county commissioners, such proposals shall be accompanied with complete plans and specifications of the same, the price to be charged therefor in the bonds of the county at par value, or for cash, together with a bond of undertaking, with good and sufficient security double the amount of the proposed cost thereof, conditioned for the faithful execution of the work proposed and the carrying into effect of any contract made in reference thereto. The board of county commissioners are [is] hereby authorized to build courthouses, jails and bridges, in the place designated by the petitioners, if the majority of the voters so decide, and in no other place.
History:
Laws 1891, ch. 83, § 9; C.L. 1897, § 357; Code 1915, § 1164; C.S. 1929, § 33-3909; 1941 Comp., § 15-4610; 1953 Comp., § 15-49-13.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For public works generally,
see
13-4-1 NMSA 1978 et seq.
For publication of notice generally,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-15 - [Contracts authorized.]

The said county commissioners of any county are hereby fully authorized and empowered to enter into any and all contracts necessary to carry into effect the provisions of this article.
History:
Laws 1891, ch. 83, § 10; C.L. 1897, § 358; Code 1915, § 1165; C.S. 1929, § 33-3910; 1941 Comp., § 15-4611; 1953 Comp., § 15-49-14.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-16 - [Registration of bonds.]

The county commissioners of any county issuing such bonds shall make a registration thereof in a book to be kept for that purpose, showing the date, amount, number [and] maturity of such bonds, and if issued for the building of a courthouse or a jail or a bridge, what bridge or other work of internal improvement.
History:
Laws 1891, ch. 83, § 11; C.L. 1897, § 359; Code 1915, § 1166; C.S. 1929, § 33-3911; 1941 Comp., § 15-4612; 1953 Comp., § 15-49-15.
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 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-17 - [Tax levy for payment of bonds.]

It shall be the duty of the board of county commissioners to ascertain from the assessment books of the county the amount of assessed taxable property in each county having issued bonds, and what percentage thereof is required to be levied to pay said amount, and when so ascertained, shall levy such percentage upon the taxable property of such county (to pay the interest and create a sinking fund for the final redemption of such bonds: provided, that there shall be no levy made for the payment of the principal of such bonds until ten years after their issue) as may be responsible for such bonds, and shall place the same upon the tax books and lists of the county in a separate column or columns designating the purpose for which said tax is levied upon any particular county, and said tax shall be accordingly collected by the treasurer of such county in the same manner that other taxes are collected.
History:
Laws 1891, ch. 83, § 12; C.L. 1897, § 360; Code 1915, § 1167; C.S. 1929, § 33-3912; 1941 Comp., § 15-4613; 1953 Comp., § 15-49-16.
ANNOTATIONS
Cross references.
— For restrictions on county indebtedness,
see
N.M. Const., art. IX, § 10.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 49 - Bonds for Courthouses, Jails, Bridges, Hospitals and Libraries › Section 4-49-18 - [Taxes to be paid in cash; use for specified purpose.]

All taxes for interest on and for the redemption of such bonds shall be paid only in cash, and shall be kept by the county treasurer as a special fund, to be used for the payment of interest on and for the redemption of such bonds only.
History:
Laws 1891, ch. 83, § 13; C.L. 1897, § 361; Code 1915, § 1168; C.S. 1929, § 33-3913; 1941 Comp., § 15-4614; 1953 Comp., § 15-49-17.