SENATE BILL 474

46th legislature - STATE OF NEW MEXICO - first session, 2003

INTRODUCED BY

Roman M. Maes III







AN ACT

RELATING TO LOCAL GOVERNMENTS; PROHIBITING ORDINANCES THAT INCREASE THE COST OF HOUSING CONSTRUCTION; DECLARING AN EMERGENCY.



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

Section 1. Section 3-17-1 NMSA 1978 (being Laws 1965, Chapter 300, Section 14-16-1, as amended) is amended to read:

"3-17-1. ORDINANCES--PURPOSES.--

A. The governing body of a municipality may adopt ordinances or resolutions not inconsistent with the laws of New Mexico for the purpose of:

[A.] (1) effecting or discharging the powers and duties conferred by law upon the municipality;

[B.] (2) providing for the safety, preserving the health, promoting the prosperity and improving the morals, order, comfort and convenience of the municipality and its inhabitants; and

[C.] (3) enforcing obedience to the ordinances by prosecution in the municipal court and metropolitan courts and upon conviction the imposition of:

[(1)] (a) except for those violations of ordinances described in [Paragraphs (2) and (3)] Subparagraph (b) and (c) of this [subsection] paragraph, a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days or both;

[(2)] (b) for a violation of an ordinance prohibiting driving a motor vehicle while under the influence of intoxicating liquor or drugs, a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than three hundred sixty-four days or both; and

[(3)] (c) for violations of an industrial user wastewater pretreatment ordinance as required by the United States environmental protection agency, a fine of not more than one thousand dollars ($1,000) a day for each violation.

B. Beginning on the date on which this 2003 act becomes effective, a board of county commissioners or the governing body of a municipality, including a home rule municipality, shall not adopt an ordinance that will unreasonably increase the cost of low-income or affordable housing."

Section 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

- 3 -