reglab/housing_qa huggingface dataset:
NM Stat § 9-1-3 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-3 - Cabinet created; members; powers and duties.

A. There is created the "executive cabinet" headed by the governor and consisting of, but not limited to, the lieutenant governor, and the secretaries of such departments as are hereafter created and designated as "cabinet departments" pursuant to law. B. The cabinet shall: (1) advise the governor on problems of state government; (2) establish liaison and provide communication between the executive departments and state elected officials; (3) investigate problems of public policy; (4) study government performance and recommend methods of interagency cooperation; (5) review policy problems and recommend solutions; (6) strive to minimize and eliminate overlapping jurisdictions and conflicts within the executive branch; and (7) assist the governor in defining policies and programs to make the government responsive to the needs of the people. C. The governor shall call meetings of the cabinet at his pleasure and shall seek the advice of the cabinet members. History: 1953 Comp., § 4-29B-3, enacted by Laws 1977, ch. 248, § 3. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977. Am. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States §§ 82, 141.
NM Stat § 9-1-4 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-4 - Cabinet departments; structure.

A. Except as otherwise provided by law for its internal structure, the executive branch shall adhere to the following standard terms: (1) the principal unit of the executive branch is a "department," headed by a "secretary," who shall be appointed by the governor with the consent of the senate and who shall serve at his pleasure; (2) the principal unit of a department is a "division," headed by a "director," who shall be appointed by the secretary with the approval of the governor and who shall serve at the secretary's pleasure; (3) the principal unit of a division is a "bureau," headed by a "chief," who is employed by the secretary and who is covered by, and subject to, the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]; and (4) the principal unit of a bureau is a "section," headed by a "supervisor," who is employed by the secretary and who is covered by, and subject to, the provisions of the Personnel Act. B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment. History: 1953 Comp., § 4-29B-4, enacted by Laws 1977, ch. 248, § 4. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977. Cross references. — For governor's appointive and removal power, see N.M. Const., art. V, § 5. Sections not in conflict with Personnel Act in defining exempt positions. — In defining exempt positions only for the secretary and division heads of the health and environment department (now department of health and department of environment), this section and 9-7-6B(9) NMSA 1978 are not in conflict with the Personnel Act [Chapter 10, Article 9 NMSA 1978] nor are they controlling with respect to the number of exempt positions authorized for the health and environment department. 1980 Op. Att'y Gen. No. 80-38.
NM Stat § 9-1-6 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-6 - Adjunct agencies.

Adjunct agencies are those agencies, boards, commissions, offices or other instrumentalities of the executive branch, not assigned to the elected constitutional officers, which are excluded from any direct or administrative attachment to a department, which retain policymaking and administrative autonomy separate from any other instrumentality of state government. History: 1953 Comp., § 4-29B-6, enacted by Laws 1977, ch. 248, § 6. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977. Am. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States §§ 141, 142.
NM Stat § 9-1-7 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-7 - Administratively attached agency; relationships.

A. An agency attached to a department for administrative purposes only shall: (1) exercise its functions independently of the department and without approval or control of the department; (2) submit its budgetary requests through the department; and (3) submit reports required of it by law or by the governor through the department. B. The department to which an agency is attached for administrative purposes only shall: (1) provide, if mutually agreed, the budgeting, record-keeping and related administrative and clerical assistance to the agency; and (2) include the agency's budgetary requests, as submitted and without changes, in the departmental budget. C. Unless otherwise provided by law, the agency shall hire its own personnel in accordance with the Personnel Act [Chapter 10, Article 9 NMSA 1978]. History: 1953 Comp., § 4-29B-7, enacted by Laws 1977, ch. 248, § 7. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977. Cross references. — For state budgets, see 6-3-1 to 6-3-25 NMSA 1978.
NM Stat § 9-1-8 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-8 - Creation of agencies; prohibition.

Unless otherwise provided by law, neither a department secretary nor any other employee of the executive branch of state government, or any agency, may, by administrative action, create an agency, board, commission or any other entity of state government. This section shall not apply to: A. advisory committees created in accordance with Section 9 [9-1-9 NMSA 1978] of the Executive Reorganization Act; and B. units within the internal structure of a department established under Subsection A of Section 4 [9-1-4 NMSA 1978] of the Executive Reorganization Act. History: 1953 Comp., § 4-29B-8, enacted by Laws 1977, ch. 248, § 8. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977. Cross references. — For governor's power of appointment and removal, see N.M. Const., art. V, § 5.
NM Stat § 9-1-9 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-9 - Creation of advisory committees; who may create; filing; applications; composition; life span; title; quorom [quorum]; compensation.

A. Advisory committees may be created. Advisory shall mean furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements, and shall not extend to administering a program or function or setting policy unless specified by law. B. The governor or a department secretary, with approval of the governor, may create advisory committees. C. Each creating authority must file with the governor and the secretary of finance and administration a record of the advisory committee created, showing the committee's: (1) name; (2) composition; (3) appointed members' names and addresses; and (4) purpose and term of existence. D. The secretary of each department created by the Executive Reorganization Act shall, upon the effective date of the Executive Reorganization Act, file a record of each advisory committee within the department not abolished. Upon the filing of such a record, the provisions of this section shall apply to each such advisory committee. E. The creating authority shall prescribe the composition and functions of each advisory committee created; appoint its members, who shall serve at the pleasure of the creating authority; and specify a date when the existence of each advisory committee ends. F. No advisory committee may be created to remain in existence longer than two years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by executive order of the governor. If the existence of an advisory committee is extended, the extension shall not be for more than two years. G. Each advisory committee created under this section shall be known as the " ......... advisory committee." H. A majority of the membership of an advisory committee shall constitute a quorum. I. Each member of an advisory committee may receive compensation for travel and per diem expenses incurred in the performance of their duties within budgeted amounts and in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. History: 1953 Comp., § 4-29B-9, enacted by Laws 1977, ch. 248, § 9. ANNOTATIONSCompiler's notes. — The effective date of Laws 1977, ch. 248, the Executive Reorganization Act, was April 7, 1977. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For governor's power of appointment and removal, see N.M. Const., art. V, § 5.
NM Stat § 9-1-10 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-10 - Reorganization plan; no abatement of actions.

No suit, action or other proceeding lawfully commenced by or against the head of any agency or other officer of the state, in his official capacity or in relation to the discharge of his duties, shall abate by reason of the taking effect of any reorganization plan under the provisions of the Executive Reorganization Act. The district courts may, on motion or supplemental petition filed at any time within twelve months after the reorganization plan takes effect, showing a necessity for a survival of the unit [suit], action or other proceeding to obtain a settlement of the questions involved, allow the same to be maintained by or against the successor of such head of agency or officer of the state under the reorganization effected by the plan or, if there is no successor, against such agency or officer as the governor shall designate. History: 1953 Comp., § 4-29B-10, enacted by Laws 1977, ch. 248, § 10. ANNOTATIONSEmergency clauses. — Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977. Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For substitution of successor to public officer as party, see Rule 1-025D NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States § 320.
NM Stat § 9-1-11 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-11 - Merger; executive order.

Upon order issued by the governor, the department of finance and administration and the educational finance and cultural affairs department shall be merged. Their various divisions, boards and commissions may be then grouped in an orderly fashion and given such powers and such autonomy as the governor may set out in such reorganization. History: Laws 1979, ch. 205, § 1. ANNOTATIONSEffective dates. — Laws 1979, ch. 205 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective April 2, 1979, 90 days after the adjournment of the legislature.
NM Stat § 9-1-12 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-12 - Preservation of powers of policy-making boards.

All policy-making boards and commissions within the two departments shall retain at least the amount of autonomy and control they possess under present law. History: Laws 1979, ch. 205, § 3. ANNOTATIONSEffective dates. — Laws 1979, ch. 205 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective April 2, 1979, 90 days after the adjournment of the legislature.
NM Stat § 9-1-13 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 1 - Executive Reorganization|Section 9-1-13 - Temporary provision; certain licensing functions; executive order transfer.

A. The control of the professional and occupational licensing functions of the executive branch of state government may be consolidated under the supervision of the regulation and licensing department upon executive order issued by the governor, and the executive order shall provide for such advisory committees as are deemed necessary or appropriate. B. In the event an executive order is issued by the governor pursuant to Subsection A of this section, all records, physical properties and money pertaining to professional and occupational licensing functions transferred to the regulation and licensing department shall be transferred to that department. C. It is the express purpose and intent of the legislature to authorize the consolidation of professional and occupational licensing functions in the regulation and licensing department so as to effect the more economical use and expenditure of public money by eliminating the duplication of services, operations and administration of the various professional and occupational licensing functions for the benefit of the citizens of the state. History: Laws 1983, ch. 297, § 30. ANNOTATIONSEffective dates. — Laws 1983, ch. 297, § 34 made Laws 1983, ch. 297, § 30 effective July 1, 1983. Compiler's notes. — This section was previously uncompiled and was compiled at this location in 1996. Cross references. — For the regulation and licensing department, see Chapter 9, Article 16 NMSA 1978. Current application. — An executive order, issued pursuant to this section, under which the New Mexico real estate commission was placed under the supervision of the New Mexico regulation and licensing department has not yet been replaced or repealed and continues today as does this section and is therefore the current law. N.M. Regulation & Licensing Dep't v. Lujan, 1999-NMCA-059, 127 N.M. 233, 979 P.2d 744. Statutes and rules of individual licensing boards not superseded. — This section and the Regulation and Licensing Department Act [9-16-1 to 9-16-13 NMSA 1978] do not supersede the specific powers and duties that the legislature has given to the board of veterinary examiners pursuant to the Veterinary Practice Act. 1987 Op. Att'y Gen. No. 87-58. Legislative purpose. — By enacting this section, the legislature did not delegate to the governor its power to repeal the statutes governing the individual boards and commissions; such an action would be in contravention of article III, § 1 of the New Mexico constitution. The more reasonable interpretation of the act is that the legislature merely delegated to the regulation and licensing department administrative or ministerial duties with respect to licensing functions of the autonomous boards; the intent of this section is to give the governor the opportunity to select initially which boards would have the regulation and licensing department administer their licensing functions. 1987 Op. Att'y Gen. No. 87-58.
NM Stat § 9-2-1 to 9-2-13 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 2 - Commerce and Industry Department (Repealed.)|Section 9-2-1 to 9-2-13 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 297, § 33, repealed 9-2-1 to 9-2-13 NMSA 1978, as enacted by Laws 1977, ch. 245, §§ 1, 2, 5 to 7, 9 to 11, and 234 to 236, and as amended by Laws 1978, ch. 120, §§ 1 and 2, relating to the commerce and industry department, effective July 1, 1983. For present provisions, see 9-15-1 NMSA 1978 et seq. and 9-16-1 NMSA 1978 et seq. relating to new departments which have assumed many of the functions of the commerce and industry department. Compiler's notes. — Laws 1983, ch. 295, § 4, purported to amend 9-2-3 NMSA 1978, relating to the establishment of the commerce and industry department, but this amendment was not given effect due to the repeal of 9-2-3 NMSA 1978 by Laws 1983, ch. 297, § 33.
NM Stat § 9-2A-1 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 2A - Children, Youth and Families Department|Section 9-2A-1 - Short title.

Chapter 9, Article 2A NMSA 1978 may be cited as the "Children, Youth and Families Department Act". History: Laws 1992, ch. 57, § 1; 2007, ch. 65, § 1. ANNOTATIONSCross references. — For duties relating to the Safe Haven for Infants Act, see 24-22-1 NMSA 1978 et seq. The 2007 amendment, effective June 15, 2007, changed the statutory reference to the act. Sovereign immunity barred USERRA claim against the state. — Article I, Section 8, Clause 11 of the United States Constitution, known as the war powers clause, does not authorize congress to subject the state to private suits for damages in state courts pursuant to the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, absent the state's consent and the legislature has not waived the state's constitutional immunity to private USERRA suits for damages. Ramirez v. State ex rel. CYFD, 2014-NMCA-057, rev'd by 2016-NMSC-016. Where plaintiff, who was a member of the New Mexico national guard, was employed by the department; plaintiff was deployed to Iraq; upon plaintiff's return from active duty, plaintiff was reemployed by the department in plaintiff's previous position; plaintiff's working relations with plaintiff's supervisors deteriorated and plaintiff's employment was terminated; and filed a suit under Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 to 4335, alleging that the department discriminated against plaintiff and terminated plaintiff because of plaintiff's military service, plaintiff's claim was barred by state sovereign immunity. Ramirez v. State ex rel. CYFD, 2014-NMCA-057, rev'd by 2016-NMSC-016.
NM Stat § 9-2A-2 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 2A - Children, Youth and Families Department|Section 9-2A-2 - Purpose.

The purpose of the Children, Youth and Families Department Act is to establish a department of state government that shall: A. administer all laws and exercise all functions formerly administered and exercised by the youth authority, as well as administering certain functions related to children, youth and families that were formerly administered by other departments or agencies of the state; B. assist in the development of state policies and plans for services to children, youth and families, including policies and plans that endeavor to strengthen client self-sufficiency and that emphasize prevention without jeopardizing the necessary provision of essential treatment and early intervention services; C. advocate for services for children, youth and families as an enduring priority in New Mexico; and D. provide leadership to other agencies that serve children, youth and families to ensure a coordinated and integrated system of care and services for children, youth and families. History: Laws 1992, ch. 57, § 2; 2003, ch. 338, § 1. ANNOTATIONSThe 2003 amendment, effective June 20, 2003, added Subsection D.
NM Stat § 9-2A-3 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 2A - Children, Youth and Families Department|Section 9-2A-3 - Definitions.

As used in the Children, Youth and Families Department Act: A. "department" means the children, youth and families department; and B. "secretary" means the secretary of children, youth and families. History: Laws 1992, ch. 57, § 3. ANNOTATIONSEffective dates. — Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 3 effective July 1, 1992.
NM Stat § 9-2A-4 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 2A - Children, Youth and Families Department|Section 9-2A-4 - Department created; divisions.

A. The "children, youth and families department" is created. The department is a cabinet department and consists of, but is not limited to, six divisions as follows: (1) the protective services division; (2) the juvenile justice division; (3) the prevention and intervention division; (4) the financial services division; (5) the employee support division; and (6) the information technology division. B. The secretary is empowered to organize the department and the divisions specified in Subsection A of this section and may transfer or merge functions between divisions in the interest of efficiency and economy. C. The governor is empowered to merge divisions and to abolish or create divisions of the department by executive order in the interest of efficiency and economy. History: Laws 1992, ch. 57, § 4; 2003, ch. 338, § 2; 2005, ch. 110, § 1. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, created the information technology division within the children, youth and families department in Subsection A(6). The 2003 amendment, effective June 20, 2003, substituted "five divisions" for "six divisions" and substituted the present Subsections A(1) through A(5) for the former Subsections A(1) through A(7) that listed the following divisions: administrative services, preventive services, risk reduction services, moderate intervention services, community residential services, juvenile justice services (until July 1, 1993) and institutional care (beginning July 1, 1993).
NM Stat § 9-2A-5 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 2A - Children, Youth and Families Department|Section 9-2A-5 - Repealed.

History: Laws 1992, ch. 57, § 5; 2009, ch. 239, § 1; repealed by Laws 2009, ch. 239, § 70.ANNOTATIONSRepeals. — Laws 2009, ch. 239, § 70 repealed 9-2A-5 NMSA 1978, as enacted by Laws 1992, ch. 57, § 5, relating to juvenile parole board as administratively attached agency, effective July 1, 2009. For provisions of former section, see the 2008 NMSA 1978 on NMOneSource.com.
NM Stat § 9-2A-6 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 2A - Children, Youth and Families Department|Section 9-2A-6 - Secretary of children, youth and families; appointment.

A. The chief executive and administrative officer of the department is the "secretary of children, youth and families". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold office at the pleasure of the governor and shall serve in the executive cabinet. B. An appointed secretary shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment. History: Laws 1992, ch. 57, § 6. ANNOTATIONSEffective dates. — Laws 1992, ch. 57, § 58 made Laws 1992, ch. 57, § 6 effective July 1, 1992.
NM Stat § 9-2A-8.1 (2021)
2021 New Mexico Statutes|Chapter 9 - Executive Department|Article 2A - Children, Youth and Families Department|Section 9-2A-8.1 - Criminal history record investigations; procedure; confidentiality; violation; penalty.

A. The department shall submit fingerprints for each individual required to be fingerprinted pursuant to the Children, Youth and Families Department Act to the department of public safety and the federal bureau of investigation. B. Criminal histories obtained are confidential and shall be used only for the purpose of determining the suitability of an employee or volunteer or prospective employee or volunteer for employment or service by the department; except that criminal histories may be released or disclosed to another agency or person only upon court order or with the written consent of the person who is the subject of the criminal history record. C. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and if convicted shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 2005, ch. 271, § 2; 2007, ch. 65, § 3. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, provided that criminal histories obtained to determine the suitability of a volunteer are confidential.