A. The sports and recreation facility fee assessed by a local governing body constitutes a lien in favor of that local governing body upon the personal and real property of the vendor providing lodging facilities in that qualified municipality. The lien may be enforced as provided in Sections 3-36-1 through 3-36-7 NMSA 1978.
B. Under process or order of the court, a person shall not sell the property of a vendor without first ascertaining from the clerk or treasurer of the qualified municipality in which the vendor is located the amount of sports and recreation facility fees due. Sports and recreation facility fees due to the local governing body shall be paid from the proceeds of the sale consistent with the lien priorities set forth in Sections 3-36-1 through 3-36-7 NMSA 1978.
C. The clerk or treasurer of the qualified municipality shall furnish a certificate of lien to a person applying for a certificate showing the amount of all liens in the records of the qualified municipality against any vendor pursuant to the Sports and Recreation Facility Financing Act.
History: Laws 2008, ch. 76, § 11.
Emergency clauses. — Laws 2008, ch. 76, § 15 contained an emergency clause and was approved February 29, 2008.
Structure 2021 New Mexico Statutes
Chapter 5 - Municipalities and Counties
Article 13A - Sports and Recreation Facility Financing Act
Section 5-13A-1 - Short title.
Section 5-13A-2 - Definitions.
Section 5-13A-4 - Imposition of sports and recreation facility fee; use of proceeds; referendum.
Section 5-13A-6 - Collection of sports and recreation facility fee.
Section 5-13A-7 - Audit of vendors.
Section 5-13A-8 - Financial reporting.
Section 5-13A-9 - Enforcement.
Section 5-13A-10 - Collection of delinquencies.
Section 5-13A-11 - Lien for sports and recreation facility fee payment; certificate of lien.
Section 5-13A-12 - Ordinance requirements.