reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 4 - Counties › Article 34 - Change of County Seats › Section 4-34-3 - Bonds for new building; bids.

Should a majority of the votes at such election be cast in favor of the place named in the petition, the county seat shall be removed to that place, and it shall be the duty of the board of county commissioners, as soon as the citizens of that place have delivered the deed and paid over the sum of money mentioned in the written guaranty provided for in Section 4-34-1 NMSA 1978, to cause to be erected upon the site so provided a courthouse and jail to cost not to exceed three times the amount paid by the citizens, including said amount.
For the purpose of such construction, the board of county commissioners is hereby authorized to issue bonds of that county in such form as the board of county commissioners shall determine, for such time and bearing such rate of interest as it may deem best, such bonds to be sold at, above or below par as permitted by the Public Securities Act [6-14-1 to 6-14-3 NMSA 1978], or taken at par in payment for such construction. The contract for the construction of such buildings shall be let to the lowest responsible bidder after advertising the time and place of opening sealed bids for the same in a newspaper published in the county once a week for four consecutive weeks, such contractor to furnish a good and sufficient bond for the completion of such buildings according to the plans and specifications.
History:
Laws 1897, ch. 6, § 3; C.L. 1897, § 632; Code 1915, § 1142; C.S. 1929, § 33-3503; 1941 Comp., § 15-3203; 1953 Comp., § 15-34-3; Laws 1983, ch. 265, § 15.
ANNOTATIONS
Cross references.
— For bonds for courthouses, jails, bridges, hospitals and libraries,
see
4-49-1 NMSA 1978 et seq.
For public works contracts,
see
13-4-1 NMSA 1978 et seq.
For publication of notice,
see
14-11-1 NMSA 1978 et seq.
Vote required.
— Mere irregularities in the conduct of an election will not render an election void in the absence of a statute so providing. The legislature may, however, expressly provide that certain omissions shall invalidate the vote, in which event no alternative is left to the court.
Orchard v. Board of Comm'rs
, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.
Prerequisites to bond issue.
— Bonds for construction of buildings in removal of county seat may not be issued until county commissioners have complied with constitutional requirements.
Orchard v. Board of Comm'rs
, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Public contracts: authority of state or its subdivision to reject all bids, 52 A.L.R.4th 186.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 34 - Change of County Seats › Section 4-34-4 - [Removal to new county seat; neglect of officer; misdemeanor; penalty.]

So soon as convenient buildings can be had at such new county seat the courts for said county shall be held therein, and so soon as the new courthouse and jail shall have been completed, the county commissioners shall cause all the county records, county offices and property pertaining thereto, and all county prisoners, to be removed to the new county seat. Any county commissioner or other county officer who shall neglect or refuse to carry out any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not less than five hundred dollars [($500)] nor more than one thousand dollars [($1,000)], which fine may be collected by a suit on his official bond and shall be paid over to the county treasurer for the general county fund.
History:
Laws 1897, ch. 6, § 4; C.L. 1897, § 633; Code 1915, § 1143; C.S. 1929, § 33-3504; 1941 Comp., § 15-3204; 1953 Comp., § 15-34-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For requirement that county surveyor keep office at county seat,
see
4-42-4 NMSA 1978.
For requirement that county officers keep offices at county seat,
see
4-44-34 NMSA 1978.
For requirement that clerk of probate court have office at county seat,
see
34-7-4 NMSA 1978.
Section not repealed by 4-44-34 NMSA 1978.
— This section was not made obsolete by the predecessor of current 4-44-34 NMSA 1978, amending the law relating to the duty of officers to keep office at the county seat.
Territory ex rel. White v. Riggle
, 1911-NMSC-074, 16 N.M. 713, 120 P. 318.
When removal to new county seat required.
— In case of removal to a new county seat, officers are not required to remove offices and books before a courthouse and jail are completed.
Territory ex rel. White v. Riggle
, 1911-NMSC-074, 16 N.M. 713, 120 P. 318.
A courthouse must be built on property within the county seat.
1967 Op. Att'y Gen. No. 67-61.
What materials need to be moved.
— Where convenient buildings have been obtained at the new county seat for the purpose of holding court, the district court may and shall convene its sessions therein, but none of the other county offices, records or prisoners shall be removed to the new county seat until the courthouse and jail are completed, and this includes the probate office. 1936 Op. Att'y Gen. 36-1472.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Officer's failure or refusal to reside at county seat as neglect of duty punishable as offense, 134 A.L.R. 1256.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 34 - Change of County Seats › Section 4-34-5 - [Notice of establishment of new county seat; pending actions and proceedings.]

When a new county seat shall have been established in accordance with this article the county commissioners shall cause due notice thereof to be published in some newspaper of general circulation published in said county for four consecutive weeks, and all suits, actions, process, prosecutions and proceedings already commenced or that may be commenced shall proceed to final judgment and execution at such new county seat.
History:
Laws 1897, ch. 6, § 5; C.L. 1897, § 634; Code 1915, § 1144; C.S. 1929, § 33-3505; 1941 Comp., § 15-3205; 1953 Comp., § 15-34-5.
ANNOTATIONS
Compiler's notes.
— The words "this article" were substituted for the words "this act" by the 1915 Code compilers and referred to art. 29 of ch. 24 of the 1915 Code compiled herein as 4-34-1 to 4-34-10 NMSA 1978. The words "this act" referred to Laws 1897, ch. 6, compiled herein as 4-34-1 to 4-34-5 NMSA 1978.
Cross references.
— For publication of notice,
see
14-11-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 34 - Change of County Seats › Section 4-34-6 - [City cooperating in erection of buildings; bonds; taxation.]

Hereafter when the county seat of any county in this state shall be established at any incorporated city and the council of such city shall desire to join with said county in the erection of a public building to be used as a courthouse and jail, as well as for city purposes, such council may issue bonds of such city for the purpose of such construction and the purchase of suitable grounds for such buildings, not to exceed in amount three percent upon the total value of all the taxable property within the limits of such city, as shown by the last preceding general assessment for the purpose of taxation: provided, the total indebtedness of such city, including such bonds, shall not exceed four per centum of the total value of all taxable property within the limits of such city according to such last preceding general assessment.
Such bonds may be payable in such time and manner and with such rate of interest not to exceed six per centum per annum as such council shall prescribe; and it shall be the duty of such council, or the county commissioners of said county, as the case may be, to cause to be levied and collected in the manner and at the time of the levying and collecting other taxes each year and until such bonds and interest thereon shall be fully paid, a special tax upon all taxable property in the said city sufficient in amount to meet the interest and create a sinking fund to pay said bonds at maturity in accordance with the provisions thereof.
History:
Laws 1897, ch. 33, § 1; C.L. 1897, § 635; Code 1915, § 1145; C.S. 1929, § 33-3506; 1941 Comp., § 15-3206; 1953 Comp., § 15-34-6.
ANNOTATIONS
Cross references.
— For joint City-County Building Law,
see
5-5-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 34 - Change of County Seats › Section 4-34-7 - [City cooperating; amount of bonds required; city to have perpetual use.]

The county commissioners of such county are hereby authorized to join with the council of such city in the construction of such building: provided, the par value of the bonds so issued and contributed by such city shall equal the cost of the grounds for such building. The [, the] amount of the cash contribution provided by law to be made by the city to which the county seat shall be removed, and a sufficient sum in addition thereto to cover the costs of the additional space to be used for city purposes; and upon completion of said building to give such city a lease for the perpetual use of such portion of said building as it may be entitled to; and also to arrange for the keeping of city prisoners in said jail.
History:
Laws 1897, ch. 33, § 2; C.L. 1897, § 636; Code 1915, § 1146; C.S. 1929, § 33-3507; 1941 Comp., § 15-3207; 1953 Comp., § 15-34-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For requirement of contribution by city to which county seat to be removed,
see
4-34-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 34 - Change of County Seats › Section 4-34-8 - [City cooperating; sale of bonds; construction by commissioners; maintenance.]

Such bonds shall be sold at par or taken at par in payment for grounds or building, and such bonds shall be delivered to the county commissioners or to such person as they may designate to have charge of the construction and payment for such building. The contract for such construction shall be let by the county commissioners, and said grounds and building shall belong to the county, and the county shall have the right to charge and collect from such city its proper share of the cost of maintenance, repair and insurance thereof.
History:
Laws 1897, ch. 33, § 3; C.L. 1897, § 637; Code 1915, § 1147; C.S. 1929, § 33-3508; 1941 Comp., § 15-3208; 1953 Comp., § 15-34-8.
ANNOTATIONS
Cross references.
— For public works contracts,
see
13-4-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 34 - Change of County Seats › Section 4-34-9 - [City cooperating; bonds and deeds may be in lieu of cash contribution.]

Such county commissioners shall receive and accept bonds of such city issued according to this article, together with an agreement duly executed by the owners of suitable grounds for said public building, to execute a good and sufficient deed conveying the same to said county in exchange for a certain amount of said bonds in lieu of the cash contribution and guaranty provided by law in case of removal of county seats.
History:
Laws 1897, ch. 33, § 4; C.L. 1897, § 638; Code 1915, § 1148; C.S. 1929, § 33-3509; 1941 Comp., § 15-3209; 1953 Comp., § 15-34-9.
ANNOTATIONS
Compiler's notes.
— The words "this article" were substituted for the words "this act" by the 1915 Code compilers and referred to art. 29 of ch. 24 of the 1915 Code compiled herein as 4-34-1 to 4-34-10 NMSA 1978. The words "this act" referred to Laws 1897, ch. 33, compiled herein as 4-34-6 to 4-34-10 NMSA 1978.
Cross references.
— For requirement of contribution by city to which county seat to be removed,
see
4-34-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 34 - Change of County Seats › Section 4-34-10 - [Tax levy for payment of bonds.]

In case of a removal of the county seat as provided by law and the issue of bonds by any county for the purpose of constructing county buildings, it shall be the duty of the county commissioners of such county to cause to be levied and collected at the time and in the manner of levying and collecting other taxes, each year until said bonds and the interest thereon are fully paid, a special tax upon all taxable property within said county sufficient to pay the interest on such bonds and to create a sinking fund to retire said bonds at maturity in accordance with the provisions thereof.
History:
Laws 1897, ch. 33, § 5; C.L. 1897, § 639; Code 1915, § 1149; C.S. 1929, § 33-3510; 1941 Comp., § 15-3210; 1953 Comp., § 15-34-10.
ANNOTATIONS
Cross references.
— For bonds for courthouses, jails, bridges, hospitals and libraries,
see
4-49-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 35 - Determination of Boundary Disputes › Section 4-35-1 - Boundaries; dispute; commission to settle.

Whenever the location of the boundary line between two or more counties is in dispute, the controversy shall be settled by a boundary commission consisting of the chair of the board of county commissioners and a licensed professional surveyor appointed by the board of county commissioners of each of the counties affected by the dispute and the district attorney of the district in which the counties are situate. If such counties are in more than one judicial district, the district attorney of each district shall be a member of the commission.
History:
Laws 1912, ch. 45, § 1; Code 1915, § 1174; C.S. 1929, § 33-4003; 1941 Comp., § 15-3301; 1953 Comp., § 15-35-1; 2011, ch. 56, § 2.
ANNOTATIONS
The 2011 amendment,
effective December 31, 2012, required that licensed professional surveyors be appointed to the boundary commission.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 28.
Right of county as to challenging acts or proceedings by which its boundaries are affected, 86 A.L.R. 1373.
20 C.J.S. Counties § 16.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 35 - Determination of Boundary Disputes › Section 4-35-2 - [Survey; plat and field notes.]

It shall be the duty of such boundary commission to cause a joint survey to be made of such boundary line according to the description thereof in the statutes and to have such line plainly marked by suitable monuments set at convenient intervals and to cause a plat and field notes of such survey to be filed in the office of the county clerk of each of said counties. Such plat and field notes shall be signed and certified by the members of the boundary commission as the official plat and field notes of said boundary line as located by the commission.
History:
Laws 1912, ch. 45, § 2; Code 1915, § 1175; C.S. 1929, § 33-4004; 1941 Comp., § 15-3302; 1953 Comp., § 15-35-2.
ANNOTATIONS
Cross references.
— For descriptions of county boundaries,
see
4-1-1 NMSA 1978 et seq.
For survey for establishment of county boundaries,
see
4-42-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 35 - Determination of Boundary Disputes › Section 4-35-3 - [District attorney; duties; payment of expenses.]

The district attorney or district attorneys, as the case may be, shall call a meeting of the commission to arrange for making such joint survey.
The officers serving on such boundary commission shall receive no additional compensation for such services. The expense incurred by the commission for transportation, subsistence and the necessary assistants and employes [employees] shall be borne share and share alike by the several counties interested, to be paid upon warrants drawn by the several boards of county commissioners.
History:
Laws 1912, ch. 45, § 3; Code 1915, § 1176; C.S. 1929, § 33-4005; 1941 Comp., § 15-3303; 1953 Comp., § 15-35-3.
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 35 - Determination of Boundary Disputes › Section 4-35-4 - Boundary commission; inability to locate line[; procedure for judicial determination].

If for any reason the joint boundary commission be unable to locate the boundary line according to the description thereof in the statutes, the commission shall certify such disagreement to the attorney general of the state of New Mexico, and it shall thereupon be the duty of the attorney general of the state of New Mexico to forthwith file petition in the district court of the judicial district wherein the two counties disagreeing as to the boundary are located, or, if said counties are in two judicial districts, said petition shall be filed in either of said judicial districts as may be determined by the said attorney general of the state of New Mexico; such petition shall accurately describe by metes and bounds or by section, township and range, the area in controversy. The judge of the district court in which such petition is filed shall thereupon enter an order fixing a time and place for hearing upon said petition, and cause such notice thereof to be given to interested parties as the court in such order may prescribe. Upon such hearing the court shall receive and hear such competent evidence as may be material to prove the true location of such county line as fixed by the statutes of New Mexico; and the court shall from such evidence determine and fix by judicial decree the boundary line between the two counties, as it may find the same to exist under the laws of the state of New Mexico and shall assess the costs to the parties as to the court may seem just and equitable. The board of county commissioners of either county interested, or any taxpayer of the district or area involved in the controversy may appear at said hearing and introduce evidence as to the true location of such boundary line. In the event such decree shall establish a boundary line different from the line theretofore recognized by either county in the matter of assessment and collection of taxes, or by individual owning real estate in the area thus in controversy in the matter of the filing or recording of instruments of writing affecting such real estate, such decree shall not affect taxes or property already assessed for taxes at the time of the rendition of such decree, and the record of instruments affecting such real estate made in good faith in either county before the rendition of said decree shall not be affected thereby, but such filing or recording of such instruments shall be legal, and have the same effect as if such instruments had been filed or recorded in the proper county as determined by the decree so establishing such boundary line.
History:
Laws 1912, ch. 45, § 4; Code 1915, § 1177; C.S. 1929, § 33-4006; Laws 1939, ch. 160, § 1; 1941 Comp., § 15-3304; 1953 Comp., § 15-35-4.
ANNOTATIONS
Bracketed material.
— The bracketed material in the catchline was inserted by the compiler and is not part of the law.
Cross references.
— For descriptions of county boundaries,
see
4-1-1 NMSA 1978 et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-1 - [County public library;] secretary of state to furnish publications.

After a public library is established, the secretary of state shall furnish to the public library a copy of any work published under his authority.
History:
1953 Comp., § 15-36-1.2, enacted by Laws 1965, ch. 87, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material in the catchline was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-2 - County libraries; establishment; contract services; gifts and bequests.

A. A county may establish and maintain a free public library under proper regulation and may receive, hold and dispose of a gift, donation, devise or bequest that is made to the county for the purpose of establishing, increasing or improving the library. The governing body may apply the use, profit, proceeds, interest and rents accruing from such property in any manner that will best improve the library and its use.
B. A county establishing a public library may enter into contracts and joint powers agreements with other counties, municipalities, local school boards, post-secondary educational institutions and the library division of the office of cultural affairs for the furnishing of regional library services.
History:
1953 Comp., § 15-36-1.3, enacted by Laws 1965, ch. 87, § 3; 1977, ch. 246, § 46; 1980, ch. 151, § 2; 1999, ch. 20, § 2.
ANNOTATIONS
Cross references.
— For state library commission,
see
Chapter 18, Article 2 NMSA 1978.
The 1999 amendment,
effective June 18, 1999, substituted the present catchline for the former catchline which read "Contract with other counties"; deleted former Subsections A(1) through A(3) and B relating to contracting with one or more counties and the library division of the office of cultural affairs for library services, contracting for the establishment of a regional library serving more than one county, appropriating money for the support of a regional library or library services, and providing that any regional library so established must first be approved by the state librarian; added the language beginning "establish and maintain" to the end of Subsection A; and added Subsection B.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-3 - County power to act as agent; purpose.

A county may act as an agent of the United States government for the expenditure of money authorized by any act of the United States congress.
History:
1953 Comp., § 15-36-1.4, enacted by Laws 1975, ch. 137, § 1.
ANNOTATIONS
County receipt of wastewater system construction grants.
— There are no constitutional or statutory limitations which would prevent counties from being eligible to receive wastewater system construction grants from the environmental protection agency. 1978 Op. Att'y Gen. No. 78-15.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-4 - [County property.]

Any real or personal property heretofore or which may hereafter be transferred to any county shall be deemed the property of such county.
History:
Laws 1876, ch. 1, § 2; C.L. 1884, § 333; C.L. 1897, § 652; Code 1915, § 1151; C.S. 1929, § 33-3602; 1941 Comp., § 15-3402; 1953 Comp., § 15-36-2.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions §§ 491 to 499.
Absence of specific statutory authority, power of governing body of county to dispose of county real estate in, 21 A.L.R.2d 722.
Public utility plant or interest therein, power of county to sell, lease or mortgage, 61 A.L.R.2d 595.
20 C.J.S. Counties §§ 143 to 149.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-5 - Firefighting; county may purchase from municipalities.

A. Counties may contract with municipalities or individuals for purchase of firefighting services for the county or certain areas in a county where such services are needed when, in the opinion of the board of county commissioners, such services may be more economically provided by such contracts than maintaining firefighting services by the county.
B. The contract price shall be based upon the cost of the services, the depreciation of the equipment and the cost of insurance necessary or desirable to protect the municipality from loss or claim during the time it is engaged in extraterritorial firefighting under a contract with the county. Subject to the agreement between the municipality and the county, the contract may provide for annual, monthly or actual-use payments.
History:
1953 Comp., § 15-36-40, enacted by Laws 1967, ch. 115, § 1; 2013, ch. 78, § 1.
ANNOTATIONS
Cross references.
— For municipal powers for fire prevention and protection,
see
3-18-11 NMSA 1978.
For municipal fire-fighting facilities,
see
3-35-1 NMSA 1978 et seq.
For the Fire Protection Fund Law,
see
59A-53-1 NMSA 1978 et seq.
The 2013 amendment,
effective June 14, 2013, authorized counties to contract with individuals for firefighting services; and in Subsection A, after "municipalities", added "or individuals".
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-6 - Parks; county government acquisition.

No county government shall acquire property within the exterior boundaries of any other local government for park purposes unless it has received the prior approval for such acquisition for such purposes from the governing body of the local government within whose boundaries the property is situated.
History:
1953 Comp., § 15-36-42, enacted by Laws 1973, ch. 368, § 1.
ANNOTATIONS
Cross references.
— For powers of municipalities as to parks generally,
see
3-18-18 NMSA 1978.
For construction of parks and recreational facilities,
see
3-18-19 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Liability to one struck by golf ball, 53 A.L.R.4th 282.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-7 - Foreign trade zones.

The board of county commissioners of any county, pursuant to the federal Foreign Trade Zones Act, as may be amended from time to time, and regulations adopted pursuant thereto, may:
A. with the prior written approval of the economic development department, apply for and accept a grant of authority to establish, operate and maintain a foreign trade zone;
B. provide such facilities and services as may be necessary or desirable in establishing a foreign trade zone; and
C. exercise such other powers as may be necessary or desirable to establish, operate and maintain a foreign trade zone.
History:
Laws 1991, ch. 154, § 1.
ANNOTATIONS
Cross references.
— For municipal foreign-trade zone regulations,
see
3-18-29 NMSA 1978.
For the Community Development Incentive Act,
see
Chapter 3, Article 64 NMSA 1978.
For the federal Foreign Trade Zones Act,
see
19 U.S.C.S. § 81a et seq.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-8 - Class B county; sewer and water utility.

A. Any class B county of the state having a population of more than ninety-eight thousand but less than one hundred thousand, according to the last federal decennial census, and having a net taxable value for rate-setting purposes for the 1991 property tax year of more than one billion four hundred million dollars ($1,400,000,000) but less than one billion five hundred million dollars ($1,500,000,000) shall be permitted to purchase, own, operate and sell sewer and water utilities. Such class B counties shall not purchase, own, operate or sell any other utilities.
B. In the operation of a sewer or water utility by a class B county, the county shall set just and reasonable rates based on cost of service.
History:
1978 Comp., § 4-36-8, enacted by Laws 1993, ch. 308, § 1.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-9 - Reimbursement for expenses attendant to temporary detention of a child; reimbursement for ancillary services; civil action.

A. When a child is detained in a facility for the temporary detention of children that is administered or financed by a county and the child subsequently is found to be delinquent or enters into a consent decree, the board of county commissioners may seek reimbursement from the child's parent, guardian or legal custodian for the amount of money expended by the county for the care and support of the child during his period of detention. The child support guidelines set forth in Section 40-4-11.1 NMSA 1978 may be used to calculate a reasonable payment.
B. When a child is detained in a facility for the temporary detention of children that is administered or financed by the county and the child subsequently is found to be delinquent or enters into a consent decree, the board of county commissioners may seek reimbursement from the child's parent, guardian or legal custodian for the amount of money expended by the county for the provision of ancillary services to the child. Ancillary services include psychiatric, psychological or medical services provided by the county to the child. The child support guidelines set forth in Section 40-4-11.1 NMSA 1978 may be used for the purpose of determining the amount of money owed by a parent, guardian or legal custodian for the provision of ancillary services to that parent's child.
C. When a parent, guardian or legal custodian refuses or fails to reimburse a county for the expenses incurred by a county pursuant to Subsection A or B of this section, the board of county commissioners may initiate a civil action against the parent, guardian or legal custodian to recover the amount of money owed to the county.
History:
Laws 1993, ch. 243, § 1.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 36 - Miscellaneous Powers of Counties › Section 4-36-10 - Class A county; sewer and water utility; operation authorization.

A. A class A county having a population of more than one hundred thirty-five thousand but less than four hundred eighty-one thousand according to the last federal decennial census, and having a 1993 net taxable value of property, as that term is defined in the Property Tax Code [Chapter 7, Articles 35 to 38 NMSA 1978], of at least one billion one hundred thirty-one million dollars ($1,131,000,000) but not more than five billion two hundred million dollars ($5,200,000,000) may establish, purchase, own and operate sewer and water utilities and sell water and sewer utility service.
B. In the operation of a sewer or water utility, the county shall set just and reasonable rates based on its cost of service.
History:
1978 Comp., § 4-36-10, enacted by Laws 1996, ch. 83, § 1.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-2 - Areas in which county ordinances are effective.

County ordinances are effective within the boundaries of the county, including privately owned land or land owned by the United States. However, ordinances are not effective within the limits of any incorporated municipality; provided that an ordinance adopted by a county pursuant to the Solar Energy Improvement Special Assessment Act shall be effective within the limits of an incorporated municipality if the municipality adopts an ordinance approving the application of the county's ordinance within the incorporated municipality.
History:
1953 Comp., § 15-36A-2, enacted by Laws 1975, ch. 312, § 2; 2019, ch. 110, § 1.
ANNOTATIONS
Cross references.
— For municipal ordinances,
see
3-17-1 NMSA 1978 et seq.
For zoning regulations,
see
3-21-1 NMSA 1978 et seq.
The 2019 amendment,
effective June 14, 2019, provided that ordinances adopted by a county pursuant to the Solar Energy Improvement Special Assessment Act are effective within the limits of an incorporated municipality if the municipality adopts an ordinance approving the application of the county's ordinance within the incorporated municipality; after "not effective within the limits of any incorporated municipality", added the remainder of the section.
County traffic ordinance.
— Provision of a county traffic ordinance that "It is unlawful for any person who is under the influence of intoxicating liquor to drive any vehicle within this state" was clearly antagonistic with the jurisdictional limit placed on county ordinances in this section.
Board of Comm'rs v. Greacen
, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
Municipality not exempt from regulations of air quality control board.
— This section does not exempt a municipality from regulations adopted by the Albuquerque-Bernalillo county air quality control board, which has the authority to adopt regulations to prevent or abate air pollution in Bernalillo county. 1982 Op. Att'y Gen. No. 82-07.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— "Radius," meaning of term employed in contract, statute or ordinance as descriptive of area, location or distance, 10 A.L.R.2d 605.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-3 - Enforcing county ordinances; jurisdiction.

A. County ordinances may be enforced by prosecution for violations of those ordinances in any court of competent jurisdiction of the county. Penalties for violations of any county ordinances shall not exceed a fine of three hundred dollars ($300) or imprisonment for ninety days or both the fine and imprisonment; except that a county may enact and enforce ordinances that impose the following penalties in addition to any other penalty provided by law:
(1) no more than one thousand dollars ($1,000) for discarding or disposing of refuse, litter or garbage on public or private property in any manner other than by disposing it in an authorized landfill;
(2) no more than five thousand dollars ($5,000) for the improper or illegal disposal of hazardous materials or waste in any manner other than as provided for in the Hazardous Waste Act [Chapter 74, Article 4 NMSA 1978]; and
(3) no more than imprisonment for three hundred sixty-four days or a fine of one thousand dollars ($1,000), or both, for violation of an ordinance regarding driving while under the influence of intoxicating liquor or drugs.
B. Prosecution of violations under this section may be commenced by the issuance of a citation charging the violation. Citations may be issued by the code enforcement officer of the county or an employee or employees of the county authorized by the board of county commissioners to issue such citations.
History:
1953 Comp., § 15-36A-3, enacted by Laws 1975, ch. 312, § 3; 1989, ch. 370, § 1; 1993, ch. 66, § 2.
ANNOTATIONS
The 1993 amendment,
effective January 1, 1994, inserted the subsection designations "A" and "B" and, in Subsection A, inserted the paragraph designations "(1)" and "(2)" and added Paragraph (3).
Enforcement of ordinance.
— This section does not provide sole remedy for violations of county ordinances.
Cerrillos Gravel Products, Inc. v. Santa Fe Bd. of Cnty. Comm'rs
, 2005-NMSC-023, 138 N.M. 126, 117 P.3d 932.
County traffic ordinance.
— Provision of a county traffic ordinance that purported to punish certain offenses deemed to be felonies with punishment up to imprisonment for eighteen months and/or a five thousand dollar fine was in direct conflict with this section and was, therefore, invalid.
Board of Comm'rs v. Greacen
, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-4 - Enforcement officers in counties; duties.

A. It is the duty of every county sheriff, deputy sheriff, constable and other county law enforcement officer to:
(1) enforce the provisions of all county ordinances;
(2) diligently file a complaint or information alleging a violation if circumstances would indicate that action to a reasonably prudent person; and
(3) cooperate with the district attorney or other prosecutor in all reasonable ways.
B. Any county law enforcement officer that fails to perform his duty in any material respect is subject to removal from office and payment of all costs of prosecution.
History:
1953 Comp., § 15-36A-4, enacted by Laws 1975, ch. 312, § 4.
ANNOTATIONS
Cross references.
— For county sheriff,
see
Chapter 4, Article 41 NMSA 1978.
For payment of expenses of sheriffs, deputy sheriffs and guards in performing certain official business,
see
4-44-18 NMSA 1978.
Liability under 41-4-12 NMSA 1978.
— The statutory obligations that officers cooperate with prosecutors and bring defendants before the courts are primarily designed to protect the public by ensuring that dangerous criminals are removed from society and brought to justice; accordingly, as with the duty to investigate crimes under 29-1-1 NMSA 1978, the duties of cooperating with prosecutors, diligently filing complaints, and bringing defendants before the courts inure to the benefit of private individuals, and the violation of these statutory duties may give rise to a cognizable claim under the Tort Claims Act, Chapter 41, Article 4 NMSA 1978.
Weinstein v. City of Santa Fe ex rel. Santa Fe Police Dep't
, 1996-NMSC-021, 121 N.M. 646, 916 P.2d 1313.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-6 - Voting on proposed county ordinances; majority vote required for passage or repeal.

A. A proposed county ordinance shall be passed only by a majority vote of all the members of the board of county commissioners, and an existing county ordinance shall be amended or repealed in the same manner. Upon a vote of passage, amendment or repeal of any county ordinance, the yeas and nays shall be called and recorded.
B. Within thirty days of the adoption, amendment or repeal of an ordinance or resolution in an H class county, a petition may be presented to the board of county commissioners asking that the measure be submitted to a special election for its adoption or rejection. The petition must be signed by more than fifteen percent of the number of qualified electors who voted at the previous general election. Only qualified electors may sign the petition. Upon the filing of the petition with the board of county commissioners, the ordinance or resolution becomes ineffective and the board shall provide for an election on the measure within sixty days of the filing of the petition. The ballot shall contain the text of the ordinance or resolution in question. Below the text shall be the phrases: "for the measure" and "against the measure" followed by spaces for marking with a cross the phrase desired. The election may be held using voting machines in which case copies of the ordinance or resolution shall be made available at the polls. If a majority of the votes cast favor the measure, it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect.
History:
1953 Comp., § 15-36A-6, enacted by Laws 1975, ch. 312, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Injunctive relief against submission of constitutional amendment, statute, municipal charter or municipal ordinance, on ground that proposed action would be unconstitutional, 19 A.L.R.2d 519.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-7 - Proposal of ordinances; publication.

A. Ordinances may be proposed by any member of the board of county commissioners. Ordinances shall not be submitted to the board for final passage until a majority of the members have directed that the title and a general summary of the subject matter of the proposed ordinances be published one time in a newspaper of general circulation within the county at least two weeks prior to the meeting of the board at which the ordinance is proposed for final passage. The date and time of the meeting at which the ordinance is to be considered shall also be published.
B. Copies of proposed ordinances shall be made available to interested persons during normal and regular business hours of the county clerk upon request and payment of reasonable charge, beginning with the date of publication and continuing to the date of consideration by the county's elected commission.
C. This section shall not apply to ordinances dealing with an emergency declared by the board of county commissioners to be an immediate danger to the public health, safety and welfare of the county or to ordinances the subject matter of which amends a city zoning map if the amendment has been considered by, and recommended to, the board of county commissioners by a planning commission with jurisdiction in the matter.
D. It is a sufficient defense to any suit or prosecution to show that notice by publication was not made.
History:
1953 Comp., § 15-36A-7, enacted by Laws 1975, ch. 312, § 7; 1981, ch. 218, § 2.
ANNOTATIONS
Cross references.
— For adoption of municipal ordinances,
see
3-17-4 NMSA 1978.
An omission of a publication of an ordinance
would render the enactment of the ordinance void and it could not be enforced. 1964 Op. Att'y Gen. No. 64-117 (rendered under former law).
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-8 - Printed county ordinances; seal; use as evidence.

County ordinances may be received in evidence without further proof when they are printed and when the ordinance purports to be printed by the county. Ordinances may also be proved by the seal of the board of county commissioners.
History:
1953 Comp., § 15-36A-8, enacted by Laws 1975, ch. 312, § 8.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-9 - County ordinances; recording and publication; effective date.

A. All county ordinances, immediately after their passage, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the county clerk.
B. No ordinance shall take effect until thirty days after the ordinance has been recorded in the book kept by the county for that purpose.
C. Notwithstanding the provisions of Subsection B of this section, when a board of county commissioners declares that it is necessary for the public peace, health and safety that an ordinance take effect immediately after passage, the ordinance shall take effect when it is recorded in the book kept by the county for that purpose and authenticated by the signature of the county clerk.
History:
1953 Comp., § 15-36A-9, enacted by Laws 1975, ch. 312, § 9; 1997, ch. 37, § 1.
ANNOTATIONS
The 1997 amendment,
effective July 1, 1997, added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Conclusiveness of declaration of emergency in ordinance, 35 A.L.R.2d 586.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-9.1 - Water conservation and drought management plans.

A county shall consider ordinances and codes to encourage water conservation and drought management planning pursuant to the provisions of Section 3 [72-14-3.2 NMSA 1978] of this act.
History:
Laws 2003, ch. 138, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 138 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-11 - Validation.

All amendments adopted under color of law to a county charter adopted under the provisions of Article 10, Section 5 of the constitution of New Mexico allowing or purporting to allow the county to exercise all legislative powers and perform all functions not expressly denied by general law or charter as provided in Article 10, Section 6 of the constitution of New Mexico and all acts and proceedings heretofore taken under such charter amendments are hereby validated, ratified, approved and confirmed, as of the date of adoption or attempted adoption of such amendments, notwithstanding any lack of power, authority or otherwise, and notwithstanding any defects and irregularities in such acts and proceedings.
History:
Laws 1987, ch. 8, § 2.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-12 - Effect and limitations.

The Home Rule County Validation Act [4-37-10 to 4-37-13 NMSA 1978] shall operate to supply such legislative authority as may be necessary to validate any amendments to a county charter adopted under Article 10, Section 5 of the constitution of New Mexico allowing the county to exercise the powers provided for in Article 10, Section 6 of the constitution of New Mexico and any acts and proceedings heretofore taken under such charter amendments which the legislature could have supplied or provided for or can now supply or provide for in the law under which such amendments were adopted and such acts and proceedings were taken. The Home Rule County Validation Act, however, shall be limited to the validation of charter amendments, acts and proceedings to the extent to which such validation can be effectuated under the state and federal constitutions. The Home Rule County Validation Act shall not operate to validate, ratify, approve, confirm or legalize any charter amendment, act, proceeding or other matter which has heretofore been determined in any legal proceeding to be illegal, void or ineffective.
History:
Laws 1987, ch. 8, § 3.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 37 - County Ordinances › Section 4-37-13 - Construction.

The Home Rule County Validation Act [4-37-10 to 4-37-13 NMSA 1978], being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to carry out its purposes.
History:
Laws 1987, ch. 8, § 4.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1991 (1st S.S.), ch. 5, § 3 repealed 4-38-4 and 4-38-5 NMSA 1978, as amended by Laws 1983, ch. 126, § 1 and as enacted by Laws 1983, ch. 126, § 2, relating to precincts and designation of districts in Bernalillo county, respectively, effective December 18, 1991. For provisions of former sections,
see
the 1990 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-6 - Election; term.

A. In each county all county commissioners shall be elected to serve four-year terms, subject to the provisions of Subsection B of this section.
B. In those counties that consist of a three-member board of county commissioners, the secretary of state shall designate by lottery the terms for each county commission district, which shall elect two county commissioners for terms of four years and one county commissioner for a term of two years. The terms for two commissioners shall expire in the same year.
C. In those counties that, prior to 1992, have not had four-year terms for elected officials, the assessor, sheriff and probate judge shall be elected to four-year terms and the treasurer and clerk shall be elected to two-year terms in the 1994 general election; thereafter, all elected officials shall be elected for terms of four years. The terms of the assessor, sheriff and probate judge shall expire in the same year, and the terms of the treasurer and clerk shall expire in the same year.
History:
Laws 1899, ch. 30, § 1; Code 1915, § 1191; C.S. 1929, § 33-4204; 1941 Comp., § 15-3504; 1953 Comp., § 15-37-4; Laws 1974, ch. 21, § 5; 1983, ch. 126, § 3; 1993, ch. 119, § 1.
ANNOTATIONS
Cross references.
— For residence of county commissioners in areas from which elected,
see
4-38-3 NMSA 1978.
For terms of county officers generally,
see
N.M. Const., art. X, § 2.
For five member boards of county commissioners,
see
N.M. Const., art. X, § 7.
The 1993 amendment,
effective June 18, 1993, rewrote this section to the extent that a detailed comparison is impracticable.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 C.J.S. Counties § 64.
2023 New Mexico Statutes › Chapter 4 - Counties › Article 38 - Board of County Commissioners › Section 4-38-7 - [Holding office until successor is qualified.]

Every person appointed county commissioner shall hold his office until the general election, and until his successor shall be qualified and enters upon the duties of such office.
History:
Laws 1876, ch. 1, § 39; C.L. 1884, § 370; C.L. 1897, § 689; Code 1915, § 1192; C.S. 1929, § 33-4205; 1941 Comp., § 15-3505; 1953 Comp., § 15-37-5.
ANNOTATIONS
Cross references.
— For terms of office of county commissioners,
see
N.M. Const., art. X, §§ 2 and 7 and 4-38-6 NMSA 1978.
For tenure of officers generally,
see
N.M. Const., art. XX, § 2.
For filling of vacancies of county commissioners,
see
N.M. Const., art. XX, § 4.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 20 C.J.S. Counties § 66.