Miscellaneous Powers of Counties

NMSA 1978 ch. 4, art. 36

in effect

NMSA 1978, § 4-36-1 [County public library;] secretary of state to furnish publications

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. 1953 Comp., § 15-36-1.2, enacted by Laws 1965, ch. 87, § 2.

NMSA 1978, § 4-36-2 County libraries; establishment; contract services; gifts and bequests

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. 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.

NMSA 1978, § 4-36-3 County power to act as agent; purpose

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. 1953 Comp., § 15-36-1.4, enacted by Laws 1975, ch. 137, § 1.

NMSA 1978, § 4-36-4 [County property.]

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. 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.

NMSA 1978, § 4-36-5 Firefighting; county may purchase from municipalities

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. 1953 Comp., § 15-36-40, enacted by Laws 1967, ch. 115, § 1; 2013, ch. 78, § 1.

NMSA 1978, § 4-36-6 Parks; county government acquisition

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. 1953 Comp., § 15-36-42, enacted by Laws 1973, ch. 368, § 1.

NMSA 1978, § 4-36-7 Foreign trade zones

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. Laws 1991, ch. 154, § 1.

NMSA 1978, § 4-36-8 Class B county; sewer and water utility

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. 1978 Comp., § 4-36-8, enacted by Laws 1993, ch. 308, § 1.

NMSA 1978, § 4-36-9 Reimbursement for expenses attendant to temporary detention of a child; reimbursement for ancillary services; civil action

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. Laws 1993, ch. 243, § 1.

NMSA 1978, § 4-36-10 Class A county; sewer and water utility; operation authorization

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. 1978 Comp., § 4-36-10, enacted by Laws 1996, ch. 83, § 1.

NMSA 1978, § 4-36-11 Findings; declaration of disaster; powers of county commissions

4-36-11. Findings; declaration of disaster; powers of county commissions A. The legislature finds that: (1) numerous citizens and government officials in the state of New Mexico have repeatedly petitioned the United States forest service both collectively and individually at public meetings, by correspondence and by telephone to request that the forest service take appropriate action to remove or eliminate the conditions that have created a state of emergency caused by a present risk to the lives and property of citizens in and adjacent to national forests within New Mexico; (2) all the petitions have for all practical purposes been either ignored or discounted by the United States forest service resulting only in what can be reasonably characterized as inaction on the part of the forest service to appropriately reduce, if not remove, the risk to the lives and property of the citizens of New Mexico; (3) because the United States forest service has failed to exercise its responsibilities as a sovereign to protect the lives and property of the citizens of New Mexico and because it is a fundamental principle under the laws of any just society that the persistent failure of a sovereign to fulfill such obligations constitutes grounds for the forfeiture of jurisdictional supremacy, such a forfeiture must hereby be recognized and declared; and (4) because of recognition and declaration of this forfeiture of jurisdictional supremacy, a jurisdictional vacuum has been created that requires the state of New Mexico to acknowledge its obligations as a sovereign power to protect the lives and property of its citizens and consequently to authorize any action it presently deems necessary to fill the vacuum created by the federal government by assuming jurisdiction to reduce to acceptable levels, if not remove, the threat of catastrophic fires posed by present conditions in national forests within its borders. B. The legislature declares a disaster within those areas of the national forests of New Mexico that suffered severe fire damage, as determined by the local board of county commissioners, where large amounts of forest undergrowth have created the potential for damaging fires in the future. The legislature also declares that the disaster is of such magnitude that the police power of the state should be exercised to the extent necessary to provide the resources and services that will end the disaster and mitigate its effects. C. After consulting with the state forester and the regional United States forester, taking surveys, holding those public hearings as may be necessary and developing a plan to mitigate the effects of the disaster, a board of county commissioners for a county in which a disaster has been declared pursuant to Subsection A of this section may take such actions as are necessary to clear and thin undergrowth and to remove or log fire-damaged trees within the area of the disaster. A county may enter into an agreement with a contractor, licensee or other agent to carry out the purposes of this subsection. Laws 2001, ch. 7, § 1.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18505/index.doFetched: 10/20/2026