Upon the filing of each certificate and copy thereof as provided in Section 3-29-17 NMSA 1978, the persons so associating, their successors and those who may thereafter become members of the association constitute a public body corporate by the name set forth in the certificate and by such name may sue and be sued, have capacity to make contracts, acquire, hold, enjoy, dispose of and convey property real and personal, accept grants and donations, borrow money, incur indebtedness, impose fees and assessments and do any other act or thing necessary or proper for carrying out the purposes of their organization.
History: 1953 Comp., § 14-28-15, enacted by Laws 1965, ch. 300; 1967, ch. 45, § 1; 2000, ch. 56, § 3; 2006, ch. 60, § 10.
The 2006 amendment, effective March 6, 2006, provided that an association constitutes a public body corporate and may accept grants and donations, borrow money, incur indebtedness, and impose fees and assessments and deleted former Subsection B, which provided for the issuance of bonds by associations.
The 2000 amendment, effective March 6, 2000, in Subsection B, deleted "of public health" preceding "and the department of finance", inserted "refinancing, refunding", and substituted "warrant" for "warrants" in the second sentence.
Legislative intent is clear that financing or refinancing could be effected with the joint approval of the department of public health (now department of health) and the department of finance and administration. The new association can assume the bonded indebtedness of the previous corporation subject to the approval of the departments just mentioned. 1961 Op. Att'y Gen. No. 61-44.
Language of section spells out and circumscribes money borrowing powers of associations either to become indebted or to issue bonds. 1961 Op. Att'y Gen. No. 61-44.
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