N.M. Const. art. X, § 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. (As added November 6, 1984.)
The 1984 amendment to Article X, which was proposed by S.J.R. 7 (Laws 1984) and adopted at the general election held on November 6, 1984, by a vote of 220,101 for and 64,684 against, added this section.
New Mexico health care authority rule violates is unconstitutional as an unfunded mandate as applied to counties. — Where the New Mexico health care authority promulgated 8.325.12 NMAC, in compliance with NMSA 1978, § 24-1-5.11, requiring all correctional facilities to implement medication-assisted treatment programs, including administering substance use disorder (SUD) screening during intake, providing comprehensive assessments and diagnostic evaluations for SUD, the provision of all medications approved by the FDA for the treatment of SUD and withdrawal management, and ensuring treatment services are available for the duration of a program participant's period of incarceration, but where the New Mexico legislature failed to appropriate funds for county-run medication assisted treatment programs, the mandate may be characterized as an unfunded mandate in violation of Article X, Section 8 of the New Mexico Constitution, because an unfunded mandate occurs when a rule-making authority requires a county or city to provide new or expanded services without corresponding funding. 2025 Op. Att'y Gen. No. 25-08.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 56 Am. Jur. 2d Municipal Corporations, Counties, and Other Political Subdivisions § 123.
20 C.J.S. Counties § 44; 62 C.J.S. Municipal Corporations §§ 193, 194.