SENATE BILL 98
53rd legislature - STATE OF NEW MEXICO - first session, 2017
INTRODUCED BY
Richard C. Martinez and Carlos R. Cisneros
AN ACT
RELATING TO COUNTIES; PROVIDING ADDITIONAL REASONS FOR ALLOWING ANNEXATION BETWEEN COUNTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 4-33-1 NMSA 1978 (being Laws 1947, Chapter 196, Section 1) is amended to read:
"4-33-1. ANNEXATION BETWEEN COUNTIES--REASONS.--
A. Whenever, because of the location and conditions of roads or the existence or nonexistence of transportation facilities, it will be more convenient for the residents of any portion of a county to travel to the county seat of some other contiguous county and, because of such location and condition of roads or the existence or nonexistence of transportation facilities, it will be more convenient and economical for [such] that other county to render governmental services to [such] that portion of [such] the other county, the portion of the county so affected may be annexed to [such] the other county in the [following] manner provided for in Chapter 4, Article 33 NMSA 1978.
B. In addition to the reasons allowing annexation provided for in Subsection A of this section, if a municipality is located in two contiguous counties and at least fifteen percent of the population of the municipality resides in each of the adjoining counties, the residents in the portion of the municipality located in the county with the lesser percent of the municipality's population may be annexed to the other county in the manner provided for in Chapter 4, Article 33 NMSA 1978."
SECTION 2. Section 4-33-2 NMSA 1978 (being Laws 1947, Chapter 196, Section 2) is amended to read:
"4-33-2. PETITION FOR ANNEXATION.--A petition executed by at least fifty-one percent [(51%)] of the qualified electors residing within the portion of the county proposed to be annexed shall be filed with the board of county commissioners of the county in which [such] that portion is located. [Such] The petition shall set forth the facts showing the existence of the conditions described in Subsection A or B of Section [1 hereof] 4-33-1 NMSA 1978 and shall accurately set out the boundaries of the portion of the county proposed to be annexed."
SECTION 3. Section 4-33-3 NMSA 1978 (being Laws 1947, Chapter 196, Section 3, as amended) is amended to read:
"4-33-3. CONTEST--NOTICE OF ELECTION.--
A. Immediately upon the filing of [such] a petition under Section 4-33-2 NMSA 1978, it shall be the duty of the board of county commissioners with [whom such] which the petition is filed to cause a notice to be published in some newspaper [or newspapers] of general circulation in each county affected. Within thirty [(30)] days after the publication of [such] the notice, but not thereafter, any resident of either of the counties affected, on behalf of [himself] the resident and all others similarly situated, may bring an action in the district court of the county in which [such] the area proposed to be annexed is located, against any one or more of the signers of the petition, alleging that the petition has not been executed by the requisite number of signers or that the [description of the] area to be annexed is not accurately described or that the conditions described in Subsection A or B of Section [1 (15-3305) hereof] 4-33-1 NMSA 1978 do not exist.
B. The judge, after hearing, shall make a determination as to whether the allegations of the petition are well taken. If [he shall determine] the judge determines that the allegations of the petition are well taken, [he] the judge shall enter an order [and]. If the [same be] order is not stayed, it shall be the duty of the board of county commissioners to call an election to be held within [30] thirty days within the county of the area proposed to be annexed and [shall] to cause a notice of election to be published two [(2)] times in a newspaper of general circulation in [said] the county, the last publication thereof to be at least seven [(7)] days before the date set for the election. [Such] The notice shall specify the polling places, which polling places shall be not fewer than there were in [said] the county at the last general election. At [such] the election, all qualified electors who reside within [said] the county shall be entitled to vote [provided, however, that this Act shall not apply in any case where a petition has been filed with any board of county commissioners under Chapter 196 of New Mexico Session Laws of 1947 in accordance with the requirements of said Act of 1947, and where such a petition has been filed prior to the effective date of this Act, the election shall be held under the provisions of Chapter 196, New Mexico Session Laws of 1947]."
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