reglab/housing_qa huggingface dataset:
NM Stat § 8-4-7 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 4 - Secretary of State|Section 8-4-7 - Corporations.

As of July 1, 2013, the secretary of state, pursuant to Article 11, Section 19 of the constitution of New Mexico, shall assume responsibility for chartering corporations as provided by law, including the performance of the functions of the former corporations bureau of the public regulation commission. As used in Chapter 53, Articles 1, 2, 4 through 6, 7B, 8, 11 through 14 and 16 through 20 NMSA 1978, except for Subsection D of Section 53-5-8 NMSA 1978, references to the "public regulation commission", "state corporation commission" or "commission" shall be construed to be references to the secretary of state. History: Laws 2013, ch. 75, § 9. ANNOTATIONSEffective dates. — Laws 2013, ch. 75, § 54 made Laws 2013, ch. 75, § 9 effective July 1, 2013. Temporary provisions. — Laws 2013, ch. 75, § 52, provided that: A. On July 1, 2013, all personnel and all money, appropriations, records, furniture, equipment, supplies and other property belonging to or used by the corporations bureau of the public regulation commission are transferred to the secretary of state. B. On and after July 1, 2013, all existing contracts, agreements and other obligations in effect for the corporations bureau of the public regulation commission shall be binding on the secretary of state. C. On and after July 1, 2013, all pending cases, legal actions, appeals and other legal proceedings of every description and all pending administrative proceedings that involve the corporations bureau of the public regulation commission shall be unaffected and shall continue in the name of the office of the secretary of state. D. On and after July 1, 2013, all rules, tariffs, orders and other official acts of the corporations bureau of the public regulation commission or of the public regulation commission on behalf of the corporations bureau shall continue in effect until amended, replaced or repealed by the secretary of state. E. On and after July 1, 2013, all references in law, rules, tariffs, orders and other official acts to the corporations bureau of the public regulation commission or to the public regulation commission in regard to matters performed by the corporations bureau shall be construed to be references to the secretary of state.
NM Stat § 8-5-1 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-1 - [Creation of department of justice.]

That the department of justice be, and same is hereby created, with the attorney general as head thereof, which shall be located at the seat of government. History: Laws 1933, ch. 21, § 1; 1941 Comp., § 3-301; 1953 Comp., § 4-3-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 8-5-2.1 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-2.1 - Attorney general; legal service fees for state agencies.

The attorney general may charge state agencies, as defined herein, for the provision of legal services in noncriminal cases requested by the agencies according to a fee schedule approved by the department of finance and administration. For the purpose of this section "state agency" means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and every office or officer thereof. History: Laws 1980, ch. 2, § 1. ANNOTATIONSCross references. — For representation of state officer by attorney general, see 8-5-15 NMSA 1978.
NM Stat § 8-5-3 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-3 - [Action in civil and criminal cases.]

That upon the failure or refusal of any district attorney to act in any criminal or civil case or matter in which the county, state or any department thereof is a party or has an interest, the attorney general be, and he is hereby, authorized to act on behalf of said county, state or any department thereof, if after a thorough investigation, such action is ascertained to be advisable by the attorney general. Provided, that the attorney general shall, upon direction of the governor, investigate any matter or matters in any county of the state in which the county, state or any department may be interested. After such investigation, the attorney general be, and he is hereby authorized to take such action as, in his opinion, conditions warrant. The cost of such investigation shall be paid out of the general fund of the county wherein such investigation shall have been made, and the costs of any prosecution arising out of such investigation shall be paid as are the costs in cases prosecuted by district attorneys. History: Laws 1933, ch. 21, § 3; 1941 Comp., § 3-303; 1953 Comp., § 4-3-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Governor as defendant to constitutional challenge. — The governor, as represented by the attorney general, because of his ability to influence the prosecution of violators, is the proper defendant in an action alleging that the statute prohibiting dissemination of "harmful" material to a minor over a computer network is facially invalid on First Amendment grounds. American Civil Liberties Union v. Johnson, 4 F. Supp. 2d 1024 (D.N.M. 1998), aff'd, 194 F.3d 1149 (10th Cir. 1999). No right to displace generally. — There is nothing in the laws making the attorney general the superior of the district attorneys. Otherwise, the provision granting the attorney general a right to displace a district attorney only "upon the failure or refusal of any district attorney to act" would be clearly surplusage and unnecessary. State ex rel. Attorney Gen. v. Reese, 1967-NMSC-172, 78 N.M. 241, 430 P.2d 399. Powers when district attorney delegates prosecution. — This section and 8-5-2 NMSA 1978 permit the attorney general to bring an action on behalf of the state if no other provision has been made for it to be brought, or to step into litigation brought by another where the interests of the state are not being adequately represented or protected. Where a district attorney delegates a prosecution to the attorney general, the attorney general may proceed under the authority of this section. State v. Koehler, 1981-NMSC-060, 96 N.M. 293, 629 P.2d 1222. Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of attorney general to intervene in divorce suit, 22 A.L.R. 1112. 7A C.J.S. Attorney General §§ 11, 12, 13.
NM Stat § 8-5-4 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-4 - [Employment of legal assistance for departments.]

No compensation shall be allowed to any person for services as an attorney or counsellor [counselor] to any department of the state government, or the head thereof, or to any state board or commission, except in cases specially authorized by law, but special legal assistance, may be employed by the attorney general, under his direction and control, at a reasonable compensation, in any pending action or proceeding to protect the interest of the state, with the consent and approval of the governor upon showing made by the attorney general that his department cannot for reasons stated perform such services. The costs of such special legal assistance shall be paid by the department out of which such suit or proceeding originated. History: Laws 1933, ch. 21, § 4; 1941 Comp., § 3-304; 1953 Comp., § 4-3-4. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For attorney general as counsel for taxation and revenue department, see 9-11-11 NMSA 1978. Employment of counsel by state transportation highway commission. — Under 67-3-12 and 67-3-14 NMSA 1978, the state highway commission [state transportation commission] has power to employ special counsel to advise and assist it in the performance of its duties. State v. Davidson, 1929-NMSC-016, 33 N.M. 664, 275 P. 373. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A C.J.S. Attorney General § 4.
NM Stat § 8-5-7 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-7 - Repealed.

History: 1953 Comp., § 4-3-8, enacted by Laws 1959, ch. 20, § 2; 1979, ch. 106, § 2; repealed by Laws 2019, ch. 74, § 10. ANNOTATIONSRepeals. — Laws 2019, ch. 74, § 10 repealed 8-5-7 NMSA 1978, as enacted by Laws 1959, ch. 20, § 2, relating to proceeds of sale, credit to New Mexico compilation fund, effective May 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 8-5-8 to 8-5-13 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-8 to 8-5-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1979, ch. 106, § 6, repealed 8-5-8 to 8-5-13 NMSA 1978, as enacted by Laws 1959, ch. 20, § 3, and Laws 1959, ch. 21, §§ 1, 3-6, relating to sale of opinions and reports of the attorney general, indexing of the opinions and disposition of proceeds.
NM Stat § 8-5-14 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-14 - Repealed.

History: 1953 Comp., § 4-3-15, enacted by Laws 1959, ch. 21, § 7; 1979, ch. 106, § 3; repealed by Laws 2019, ch. 74, § 10.ANNOTATIONSRepeals. — Laws 2019, ch. 74, § 10 repealed 8-5-14 NMSA 1978, as enacted by Laws 1959, ch. 21, § 7, relating to cumulative supplemental index, publication, distribution, effective May 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 8-5-15 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-15 - [Representation of officer, deputy, assistant, agent or employee of state or state institution.]

The attorney general of New Mexico is directed to act, if requested, as attorney for any officer, deputy, assistant, agent or employee of the state or of a state institution in the event such person is named as a party in any civil action in connection with an act growing out of the performance of his duty; provided, however, this section shall not apply to any suits or proceedings on behalf of the state against such person. History: 1953 Comp., § 4-3-16, enacted by Laws 1959, ch. 45, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Attorney general not allowed to supplant district attorney. — Where, in a suit by a district attorney, in the name of the state, seeking the recovery of funds paid a state officer, the attorney general seeks to represent the state in lieu of the district attorney and his pleading closely parallels the answer filed by the defendant state officer and the effect of the pleading would be to leave the case uncontested on the side of the state, the proper situation for the application of this section is presented, and the attorney general will not be allowed to supplant the district attorney. State ex rel. Attorney Gen. v. Reese, 1967-NMSC-172, 78 N.M. 241, 430 P.2d 399. Attorney general to use all means available to defend state employee. — If a defendant, a state employee, has requested representation by the attorney general under this section, the attorney general is under a duty to defend him and is at liberty to use all means available to him in that defense. This representation can be in addition to any representation by the attorneys for an insurance company covering traffic accidents wherein a state employee is involved. 1962 Op. Att'y Gen. No. 62-42. But not county official such as sheriff. — A sheriff is a county official, as distinguished from a state official or employee, and therefore the attorney general's office is not under an obligation to represent a sheriff in a civil action arising from his official conduct in office. 1959 Op. Att'y Gen. No. 59-98. Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A C.J.S. Attorney General § 15.
NM Stat § 8-5-16 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-16 - Repealed.

History: Laws 1995, ch. 140, § 1; repealed by Laws 2003, ch. 280, § 8. ANNOTATIONSRepeals. — Laws 2003, ch. 280, § 8 repealed 8-5-16 NMSA 1978, as enacted by Laws 1995, ch. 140, § 1, relating to office of guardianship services, effective July 1, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 28-16B-1 NMSA 1978 et seq.
NM Stat § 8-5-17 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-17 - Attorney general; consumer representation before commission.

A. The attorney general shall represent residential and small business consumers in matters before the public regulation commission as the attorney general deems appropriate. B. The attorney general: (1) shall research, study and analyze residential and small business consumer interests; (2) shall prepare and present briefs, arguments, proposed rates or orders and intervene or appear on behalf of residential and small business consumers before the public regulation commission as a party in interest; (3) may accept grants and donations in the name of the state to carry out the provisions of this section; (4) may cooperate with tribal and pueblo governments in New Mexico to ensure that the interests of Indian residential and small business consumers are being represented appropriately before the public regulation commission; and (5) shall report by December 1 of each year to the legislature and the governor on the activities of his office on behalf of residential and small business consumers. History: Laws 1998, ch. 108, § 22.
NM Stat § 8-5-18 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 5 - Attorney General|Section 8-5-18 - Guadalupe Hidalgo treaty division.

A. The "Guadalupe Hidalgo treaty division" is created within the office of the attorney general. The division shall review, oversee and address concerns relating to the provisions of the Treaty of Guadalupe Hidalgo that have not been implemented or observed in the spirit of Article 2, Section 5 of the constitution of New Mexico and Section 47-1-25 NMSA 1978. B. The division shall consist of such personnel and have such duties as the attorney general shall designate. C. The attorney general shall report the findings and recommendations of the division to the legislature annually. History: Laws 2003, ch. 101, § 1; 2006, ch. 49, § 1. ANNOTATIONSCross references. — For the Treaty of Guadalupe Hidalgo, see the treaty of peace between the United States and Mexico published in Volume 1 of the NMSA 1978 and on NMOneSource.com. The 2006 amendment, effective May 17, 2006, changed the requirement in Subsection C that the division report to the second session of the forth-sixth legislature to a requirement that the division report annually to the legislature.
NM Stat § 8-6-1 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration|Section 8-6-1 - [Treasurer and auditor; offices; bonds.]

The state treasurer and the state auditor shall keep their offices at the seat of government of the state. They shall, before entering upon the discharge of their duties, respectively, execute, and deliver to the secretary of state a bond to the state in the sum of three hundred thousand dollars [($300,000)] for the treasurer, and twenty-five thousand dollars [($25,000)] for the auditor, with good and sufficient sureties to be approved by the governor and conditioned for the faithful discharge of the duties required or which may be required of them by law. The approval of the governor and the date thereof shall be endorsed on the bond. History: Laws 1851-1852, p. 169; C.L. 1865, ch. 102, § 10; C.L. 1884, § 1771; Laws 1891, ch. 27, § 1; C.L. 1897, § 2608; Laws 1905, ch. 69, § 1; Code 1915, § 5327; C.S. 1929, § 134-406; 1941 Comp., § 3-201; 1953 Comp., § 4-4-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For terms of office, see N.M. Const., art. V, § 1. For members of the executive department generally, see N.M. Const., art. V, § 1. For the qualifications for office, see N.M. Const., art. V, § 3. For salaries of state officers, see N.M. Const., art. V, § 12 and 8-1-1 NMSA 1978. For the amount of bond of state treasurer, see 6-10-38 NMSA 1978. For payment of accounts audited by board of trustees of supreme court law library, see 18-1-6 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories, and Dependencies §§ 64, 65, 77. Statutory conditions prescribed for public officer's bond which does not in terms include them, or which expressly excludes them, 109 A.L.R. 501. Liability of sureties on bond of public officer as affected by fact that it was not signed by him, 110 A.L.R. 959. Public officer's bond as subject to forfeiture for malfeasance in office, 4 A.L.R.2d 1348. 81A C.J.S. States § 127.
NM Stat § 8-6-2 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration|Section 8-6-2 - Seal of state treasurer.

There is adopted an official seal of the treasurer of the state of New Mexico. The seal shall be in substantially the following form:  The seal above has not been amended or altered in any way. The seal shall contain the words "Treasurer of the State of New Mexico" running clockwise around the upper portion of the outer edge, and the date "1912" on the lower part of the outer edge, running from left to right; and there shall be in the center a Mexican eagle grasping a serpent in its beak, the cactus in its talons, shielded by the American eagle with outspread wings, and grasping arrows in its talons; and a key under the eagles. When the state treasurer shall hereafter be required to seal any documents or instruments, he shall use the official seal as adopted by this section. History: 1953 Comp., § 4-4-2, enacted by Laws 1967, ch. 103, § 1. ANNOTATIONSCompiler's notes. — Laws 1967, ch. 103, § 1, enacted a new 4-4-2, 1953 Comp., which replaced former 4-4-2, 1953 Comp., (Laws 1851-1852, p. 169; C.L. 1865, ch. 102, § 11; C.L. 1884, § 1761; C.L. 1897, § 2591; Code 1915, § 5333; C.S. 1929, § 134-601; 1941 Comp., § 3-202), prescribing duties of auditor, which was repealed by Laws 1957, ch. 252, § 16. Cross references. — For the keeping of the seal at the seat of government, see N.M. Const., art. V, § 1.
NM Stat § 8-6-3 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration|Section 8-6-3 - Duties of treasurer; receipts.

The state treasurer shall receive and keep all money of the state except when otherwise specially provided; disburse the public money upon warrants drawn according to law and not otherwise; keep a just, true and comprehensive account of all money received and disbursed; render the state treasurer's accounts to the financial control division of the department of finance and administration annually, or more often if required; and report to the legislature, at the commencement of each regular session, a detailed statement of the condition of the treasury. The state treasury shall grant duplicate receipts for all money paid into the treasury, and the person receiving the duplicate receipts shall record the entry in the centralized accounting system administered by the department of finance and administration. History: Laws 1851-1852, p. 170; C.L. 1865, ch. 102, § 14; C.L. 1884, § 1769; C.L. 1897, § 2602; Code 1915, § 5322; C.S. 1929, § 134-401; 1941 Comp., § 3-204; 1953 Comp., § 4-4-4; Laws 1957, ch. 252, § 12; 2011, ch. 88, § 3. ANNOTATIONSCross references. — For the keeping of public records, books and papers at seat of government, see N.M. Const., art. V, § 1. For the investment of special road fund balances, see 6-10-12, 6-10-13 NMSA 1978. For the appointment of a deputy treasurer, see 6-10-38 NMSA 1978. For the penalty for receiving consideration for placing deposit, see 6-10-40 NMSA 1978. For signing checks for state funds, see 6-10-58 NMSA 1978. For the application of federal forest reserve funds, see 6-11-2 NMSA 1978. For the penalty for misapplication of federal forest reserve funds, see 6-11-4 NMSA 1978. For authorization to borrow to pay interest on bonds, see 6-12-1, 6-12-2 NMSA 1978. For the authority to purchase bonds authorized by fifteenth legislature, see 6-12-3 NMSA 1978. For refunding bonds generally, see 6-12-6 NMSA 1978 et seq. The 2011 amendment, effective July 1, 2011, required persons who receive duplicate receipts for funds paid into the state treasury to record the entry in the centralized accounting system administered by the department of finance and administration. Am. Jur. 2d, A.L.R. and C.J.S. references. — 72 Am. Jur. 2d States, Territories, and Dependencies §§ 64, 77. 81A C.J.S. States § 135.
NM Stat § 8-6-5 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration|Section 8-6-5 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 265, § 62, repealed 8-6-5 NMSA 1978, as enacted by Laws 1921, ch. 124, § 1, relating to registration of bonds and debentures by treasurer, effective April 7, 1983.
NM Stat § 8-6-6 (2021)
2021 New Mexico Statutes|Chapter 8 - Elected Officials|Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration|Section 8-6-6 - [Malfeasance and neglect of duty by auditor or treasurer.]

If the auditor or treasurer shall wilfully [willfully] neglect or refuse to perform any duty enjoined by law, or shall be guilty of any oppression or extortion in the performance of any legal duty, or shall receive any fee or reward for the performance of any legal duty not allowed by law, or by color of his office shall knowingly do any act not authorized by law, or in any other manner than is required by law, he shall, upon conviction upon indictment, be adjudged guilty of a misdemeanor in office and be fined any sum not exceeding one thousand dollars [($1,000)]. The state or any person injured, in the name of the state, may sue, either before or after an indictment found, upon the bonds of the auditor and treasurer, for any damages suffered by reason of any of the acts of the auditor or treasurer in this section mentioned. History: Laws 1851, p. 170; C.L. 1865, ch. 102, § 15; C.L. 1884, § 1772; C.L. 1897, § 2609; Code 1915, § 5341; C.S. 1929, § 134-609; 1941 Comp., § 3-222; 1953 Comp., § 4-4-21. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Am. Jur. 2d, A.L.R. and C.J.S. references. — Public officer's bond as subject to forfeiture for malfeasance in office, 4 A.L.R.2d 1348. 81A C.J.S. States §§ 127 to 129.