HB 517: MUNICIPAL DISINCORPORATION

An Act Relating To Municipalities; Providing Avenues To Disincorporation Other Than By Petition; Providing For Automatic Disincorporation Of A Municipality Under Certain Circumstances; Providing For Elections; Requiring Findings Of The State Board Of Finance.

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MILD HB 517
MUNICIPAL DISINCORPORATION

Legislative URL:

HB 517 on nmlegis.gov

Emergency Clause:

No

Germane:

N/A

Location:

- OTHER -

Action:

[20] HVEC/HJC-HVEC API.

Issue(s):

General Interest

Related Legislators

Bill Sponsor:

Mary Helen Garcia

Related Documents

Downloads:

Introduced
Fiscal Impact Report

Summary

The bill establishes a second method for the disincorporation of a municipality in addition to the currently authorized special election method. The new method is the automatic disincorporation pursuant to certain findings by the State Board of Finance. In addition, it requires special elections on the issue of disincorporation to be held under two additional circumstances.

The bill calls for the automatic disincorporation of a municipality when the State Board of Finance finds, among other things, that the municipality failed to provide at least three of a number of services, including road and street construction, solid waste management; water supply or distribution or both; wastewater treatment; storm water collection and disposal; electric or gas utility services; enforcement of building, housing, plumbing, and electrical codes and other similar codes; and planning and zoning.

Additionally, the bill requires a county commission to issue a special election resolution when (in addition to the currently sanctioned petition by one-fourth of the municipalities registered voters) the governing body of the municipality (such as the City Council) adopts a resolution calling for a special election on the question of disincorporation or the Secretaries of the Finance and Administration Department and the Taxation and Revenue Department make such a request.

A concern with this bill might be what effect the disincorporation might have on the infrastructure and services provided by a municipality and whether any negative effects might be enhanced by allowing disincorporation or the elections for disincorporation under these additional circumstances.

Outcome: HB 517 died in the House Voters and Elections Committee.

Date of Summary:  2/12/13; Updated 5/1/13