44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

PROPOSING AN AMENDMENT TO ARTICLE 10 OF THE CONSTITUTION OF NEW MEXICO TO PERMIT BERNALILLO COUNTY TO BECOME AN URBAN COUNTY WITH ALL GOVERNMENTAL POWERS THAT ARE NOT EXPRESSLY DENIED BY LAW AND TO FURTHER PERMIT BERNALILLO COUNTY AND INCORPORATED MUNICIPALITIES WITHIN BERNALILLO COUNTY TO CHOOSE TO BE GOVERNED BY A SINGLE URBAN COUNTY GOVERNMENT.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. It is proposed to amend Article 10 of the constitution of New Mexico by adding a new section to read:

"A. A county that is less than one thousand five hundred square miles in area and has, at the time of this amendment, a population of three hundred thousand or more may become an urban county by the following procedure:

(1) the board of county commissioners shall, by January 1, 2001, appoint a charter commission consisting of not less than three persons to draft a proposed urban county charter;

(2) the proposed charter shall provide for the form and organization of the urban county government and shall designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county officers; and

(3) within one year after the appointment of the charter commission, the proposed charter shall be submitted to the qualified voters of the county and, if adopted by a majority of those voters, the county shall become an urban county. If, at the election or any subsequent election, the proposed charter is not adopted, then, after at least one year has elapsed after the election, pursuant to this section another charter commission may be appointed and another proposed charter may be submitted to the qualified voters for approval or disapproval.

B. An urban county may exercise all legislative powers and perform all governmental functions not expressly denied by general law or charter and may exercise all powers and shall be subject to all limitations granted to municipalities by Article 9, Section 12 of the constitution of New Mexico. This grant of powers shall not include the power to enact private or civil laws governing civil relationships except as incident to the exercise of an independent municipal power, nor shall it include the power to provide for a penalty greater than the penalty provided for a misdemeanor. No tax imposed by the governing body of an urban county, except a tax authorized by general law, shall become effective until approved by a majority vote in the urban county.

C. A charter of an urban county shall only be amended in accordance with the provisions of the charter.

D. If the charter of an urban county provides for a governing body composed of members elected by districts, a member representing a district shall be a resident and elected by the registered qualified electors of that district.

E. The purpose of this section is to provide for maximum local self-government. A liberal construction shall be given to the powers of urban counties.

F. The provisions of this section shall be self-executing."

Section 2. It is proposed to amend Article 10 of the constitution of New Mexico by adding a new section to read:

"A. A county that is less than one thousand five hundred square miles in area and has, at the time of this amendment, a population of three hundred thousand or more, and whether or not it is an urban county pursuant to Section 1 of this amendment, may provide for a single urban government by the following procedure:

(1) by January 1, 2003, a charter commission, composed of seven members, shall be appointed to draft a proposed charter. Three members shall be appointed by the governing body of the county, three members shall be appointed by the municipality with a population greater than three hundred thousand and one member shall be appointed by the other six members;

(2) the proposed charter shall:

(a) provide for the form and organization of the single urban government;

(b) designate those officers that shall be elected and those officers and employees that shall perform the duties assigned by law to county officers;

(c) provide for a transition period for elected county and city officials whose terms have not expired on the effective date of the charter; and

(d) provide for a transition period, no less than one year, to ensure the continuation of government services; and

(3) within one year after the appointment of the charter commission, the proposed charter shall be submitted to the qualified voters and, if adopted by a majority of those voters, the municipalities in that county with a population greater than ten thousand shall be disincorporated and the county shall be governed by a single urban government. If the proposed charter is not adopted by a majority of the qualified voters, then another charter commission shall be appointed and another election, within twelve months of the previous election, shall be held. If the proposed charter is not adopted by a majority of the qualified voters at the second or any subsequent election, then after at least two years have elapsed after the election, pursuant to this section another charter commission may be appointed and another proposed charter may be submitted to the qualified voters for approval or disapproval. As used in this paragraph, "qualified voter" means a registered voter of the county.

B. Upon the adoption of a charter pursuant to Subsection A of this section, any municipality within the county with a population greater than ten thousand is disincorporated and no future municipalities shall be incorporated. A county that adopts a charter pursuant to this section may exercise those powers granted to urban counties by Section 1 of this amendment and is subject to the limitations imposed upon urban counties by that section. A county that adopts a charter pursuant to this section has the same power to enact taxes as any other county and as any municipality had before being disincorporated pursuant to this section.

C. A municipality, with a population of ten thousand or less, in a county that has adopted a charter pursuant to this section may become a part of the single urban government by a vote of a majority of the qualified voters within the municipality voting in an election held upon the filing of a petition containing the signatures of ten percent of the registered voters of that municipality. If a majority of the voters elect to become a part of the single urban government, then the municipality is disincorporated.

D. All property, debts, employees, records and contracts of a municipality disincorporated pursuant to this section shall be transferred to the county and become the property, debts, employees, records and contracts of the county. The rights of a municipality, disincorporated pursuant to this section, to receive taxes, fees, distributions or any other thing of value shall be transferred to the county. Any law granting any power or authorizing any distribution to a municipality disincorporated pursuant to this section shall be interpreted as granting the power or authorizing the distribution to the county.

E. The provisions of this section shall be self-executing."

Section 3. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date which may be called for that purpose.