If authorized by their legislative or other governing bodies, two or more public agencies by agreement may jointly exercise any power common to the contracting parties, even though one or more of the contracting parties may be located outside this state; provided, however, nothing contained in this Joint Powers Agreements Act shall authorize any state officer, board, commission, department or any other state agency, institution or authority, or any county, municipality, public corporation or public district to make any agreement without the approval of the secretary of finance and administration as to the terms and conditions thereof. Joint powers agreements approved by the secretary of finance and administration shall be reported to the state board of finance at its next regularly scheduled public meeting. A list of the approved agreements shall be filed with the office of the state board of finance and made a part of the minutes.
History: 1953 Comp., § 4-22-3, enacted by Laws 1961, ch. 135, § 3; 1977, ch. 128, § 2; 1983, ch. 301, § 24.
ANNOTATIONSThe 1983 amendment, effective July 1, 1983, substituted "secretary of finance and administration" for "director of the department of finance and administration" in the catchline and in two places in the section.
Memorandum of understanding is not a joint powers agreement where it was not executed by the livestock board in an open meeting, it did not violate the Joint Powers Agreement Act, and it did not have to be approved by the secretary of the department of finance and administration. Paragon Found., Inc. v. N.M. Livestock Bd., 2006-NMCA-004, 138 N.M. 761, 126 P.3d 577, cert. denied, 2006-NMCERT-001, 139 N.M. 272, 131 P.3d 659.
Agreements with federal government. — Members of water commission had authority under the Joint Powers Agreement Act to form the commission and contract with the United States bureau of reclamation for the acquisition of a water supply; the members' "common authority" existed under 72-14-28 NMSA 1978. San Juan Water Comm'n v. Taxpayers & Water Users of San Juan County, 1993-NMSC-050, 116 N.M. 106, 860 P.2d 748.
Not applicable to gaming compacts with Indian tribes. — The governor is not a "public agency" within the meaning of the Joint Powers Agreement Act and did not have authority thereunder to enter into compacts and revenue-sharing agreements with Indian tribes which would permit gaming on Indian lands pursuant to the federal Indian Gaming Regulatory Act. State ex rel. Clark v. Johnson, 1995-NMSC-048, 120 N.M. 562, 904 P.2d 11.
Generally. — Formerly, this was the only statutory section which gave the state board of finance specific control (now held by the secretary of finance and administration) over a corporation which was authorized to operate a gas public utility system, and which was jointly owned and jointly controlled by three cities. Other than those financial matters which might possibly come before the board of finance, the major item concerning the corporation which was subject to the control of the state board of finance was the joint powers agreement creating such corporation. 1966 Op. Att'y Gen. No. 66-07.
Constitutionality. — The appointment, under authority of the Joint Powers Agreements Act, of a district judge to be chairman of a joint commission for consolidation of two municipalities does not contravene the constitution. There is no incompatibility, inconsistency or subordination, and no interference. The fact that some day an action of the commission might be before a court was not enough to make the positions incompatible. 1968 Op. Att'y Gen. No. 68-67.
Agreements with federal government. — The Joint Powers Agreements Act authorizes agreements with the federal government of the type contemplated under 40 U.S.C. § 484 (now 40 U.S.C. §549). 1964 Op. Att'y Gen. No. 64-138.
Agreements relating to surplus property. — The state department of finance and administration by broad general statutory provision has the authority to enter into contractual agreements with the federal government, subject to approval of such agreements by the state board of finance (now by the secretary of finance and administration), for acquisition, administration and disposition of surplus property. 1964 Op. Att'y Gen. No. 64-138. (See now surplus property powers of the general services department, 15-4-2 NMSA 1978.)