Title
New Mexico Counties / State of New Mexico Statutory Amendment Discussion
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Chair Ryti will give an update from the most recent New Mexico Counties Commissioners Affiliate meeting regarding the proposed state statutory amendment affecting the authorities and responsibilities of various elected officials. Los Alamos County staff are recommending that language be exempted for a Type H county with home rule governing authorities. Many of the challenges other counties are attempting to solve with the proposal are not relevant to, or conflict with, the County of Los Alamos Charter for the following reasons:
- Incorporated counties do not have the same elected officials as other counties. For example, Los Alamos County does not have an elected treasurer, and the sheriff does not have policing powers.
- Incorporated counties also have all the powers and duties of a municipality. Los Alamos County provides municipal functions that are not provided by any other county in New Mexico.
- These changes may create uncertainty and debate about whether state law preempts a local government's home rule power (State ex rel. Haynes v. Bonem, 1992-NMSC-062, ¶ 17, 114 N.M. 627, 845 P.2d 150).
Attachment B is the latest draft of proposed changes as of July 7, 2026.
Attachments
A - Statutory Amendments Reference List
B - Statutory Proposed Changes 7/2/2026 DRAFT