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HB 399 Removes Power from Local Government!

Legislators are currently debating HB 399 which specifically targets Otero, McKinley, and Rio Arriba counties by forcing an increase in the number of commissioners from three to five. 

This is a violation of the New Mexico Constitution!

Article 4, sec. 24: “The legislature shall not pass local or special laws in any of the following cases: regulating county, precinct or district affairs...”

Article 10, sec 7: “The board of county commissioners by unanimous vote may adopt an ordinance to increase the size of the boards of county commissioners to five members. Upon creation of a five-member board, the county shall be divided by the incumbent board of county commissioners into five county commission districts that shall be compact, contiguous, and as nearly equal in population as practicable. One county commissioner shall reside within and be elected from each county commission district”

Article 10, sec 8: “A state rule or regulation mandating any county or city to engage in any new activity, to provide any new service or to increase any current level of activity or to provide any service beyond that required by existing law, shall not have the force of law, unless, or until, the state provides sufficient new funding or a means of new funding to the county or city to pay the cost of performing the mandated activity or service for the period of time during which the activity or service is required to be performed.”

This is a direct attempt to remove power and decision-making authority from local government bodies and is an unfunded mandate. Please ask legislators to vote no on this bill.

HB 399 Removes Power from Local Government!

Legislators are currently debating HB 399 which specifically targets Otero, McKinley, and Rio Arriba counties by forcing an increase in the number of commissioners from three to five. 

This is a violation of the New Mexico Constitution!

Article 4, sec. 24: “The legislature shall not pass local or special laws in any of the following cases: regulating county, precinct or district affairs...”

Article 10, sec 7: “The board of county commissioners by unanimous vote may adopt an ordinance to increase the size of the boards of county commissioners to five members. Upon creation of a five-member board, the county shall be divided by the incumbent board of county commissioners into five county commission districts that shall be compact, contiguous, and as nearly equal in population as practicable. One county commissioner shall reside within and be elected from each county commission district”

Article 10, sec 8: “A state rule or regulation mandating any county or city to engage in any new activity, to provide any new service or to increase any current level of activity or to provide any service beyond that required by existing law, shall not have the force of law, unless, or until, the state provides sufficient new funding or a means of new funding to the county or city to pay the cost of performing the mandated activity or service for the period of time during which the activity or service is required to be performed.”

This is a direct attempt to remove power and decision-making authority from local government bodies and is an unfunded mandate. Please ask legislators to vote no on this bill.