reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-22 - Charges for central telecommunication network services.

Departments, institutions and agencies participating in the central telecommunication network shall be charged a pro rata and equitable share of the total monthly costs of the service. This determination is to be made by the department. Toll calls not covered by the wide-area telephone service and supplemental equipment shall be segregated and paid for by agencies, institutions and departments making the calls or using the supplemental equipment.
History:
1953 Comp., § 6-1-26, enacted by Laws 1963, ch. 181, § 3; 1965, ch. 225, § 3; 1977, ch. 247, § 63; 1978, ch. 124, § 13; 1980, ch. 151, § 19; 1983, ch. 301, § 59; 2007, ch. 290, § 21; 1978 Comp., § 15-5-3, recompiled as § 9-27-22 by Laws 2009, ch. 146, § 10; 2017, ch. 7, § 5.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-5-3 NMSA 1978 as 9-27-22 NMSA 1978, effective June 19, 2009.
The 2017 amendment,
effective June 16, 2017, replaced "telephone system" with "telecommunication network" in the provision for charges for participating in the central telecommunication network; in the catchline, after "central", deleted "telephone" and added "telecommunication network"; in the first sentence, after "participating in the central", deleted "telephone system" and added "telecommunication network"; and in the second sentence, after "by the department", deleted "of information technology".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-23 - Deposit of money.

The department shall order the deposit or transfer monthly to a fund known as the "central telecommunication network fund" the amount of money owed by each department, institution and agency utilizing the central telecommunication network. State institutions and agencies shall adopt such accounting procedures as are prescribed by the department of finance and administration for the handling of payments with reference to the central telecommunication network.
History:
1953 Comp., § 6-1-27, enacted by Laws 1963, ch. 181, § 4; 1965, ch. 225, § 4; 1977, ch. 247, § 64; 1978, ch. 124, § 14; 1980, ch. 151, § 20; 1983, ch. 301, § 60; 2007, ch. 290, § 22; 1978 Comp., § 15-5-4, recompiled as § 9-27-23 by Laws 2009, ch. 146, § 10; 2017, ch. 7, § 6.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 10 recompiled former 15-5-4 NMSA 1978 as 9-27-23 NMSA 1978, effective June 19, 2009.
The 2017 amendment,
effective June 16, 2017, required the department of information technology to deposit the money that is owed by each department, institution and agency participating in the telecommunication network into the telecommunication network fund; after "The department", deleted "of information technology", after "known as the 'central'", deleted "telephone services" and added "telecommunication network", after "utilizing the central", deleted "telephone system" and added "telecommunication network", and after "reference to the central", deleted "telephone system" and added "telecommunication network".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-24 - Appropriation.

All income to the central telecommunication network fund is appropriated to carry out the purposes of Sections 9-27-20 through 9-27-25 NMSA 1978 or their successor recompiled sections. Payments from the central telecommunication network fund shall be made on vouchers signed by the secretary or the secretary's designee.
History:
1953 Comp., § 6-1-28, enacted by Laws 1963, ch. 181, § 5; 1965, ch. 225, § 5; 1977, ch. 247, § 65; 1978, ch. 124, § 15; 1983, ch. 301, § 61; 1978 Comp., § 15-5-5, recompiled and amended as § 9-27-24 by Laws 2009, ch. 146, § 8; 2017, ch. 7, § 7.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 8 recompiled and amended former 15-5-5 NMSA 1978 as 9-27-24 NMSA 1978, effective June 19, 2009.
The 2017 amendment,
effective June 16, 2017, provided that all income to the central telecommunication network be appropriated to carry out the purposes of the central telecommunication network; after "to the central", deleted "telephone services" and added "telecommunication network", after "Sections", deleted "15-5-1 through 15-5-6" and added "9-27-20 through 9-27-25", and after "from the central", deleted "telephone services" and added "telecommunication network".
The 2009 amendment,
effective June 19, 2009, added "or their successor recompiled sections".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-25 - Participation or exclusion of agency, department or institution.

All departments, institutions and agencies of the state government to the extent that it is practical and feasible shall participate in the central telecommunication network. No agreement for any leased or purchased telephone service or for purchase of any telephone equipment shall be entered into by any department, institution or agency of the state participating in the central telecommunication network, except those institutions enumerated in Article 12, Section 11 of the constitution of New Mexico, except upon prior written approval of the secretary or the secretary's designee. If, on the basis of a technical survey, it is found to be infeasible or impractical to include particular agencies, departments or institutions in the central telecommunication network, the secretary or the secretary's designee may exclude them. In the event of exclusion of any agency, department or institution, the secretary or the secretary's designee shall file a written statement, certifying the reasons therefor, with the state records center.
History:
1953 Comp., § 6-1-29, enacted by Laws 1963, ch. 181, § 6; 1965, ch. 225, § 6; 1973, ch. 79, § 1; 1977, ch. 247, § 66; 1978, ch. 124, § 16; 1980, ch. 151, § 21; 1983, ch. 301, § 62; 1978 Comp., § 15-5-6, recompiled and amended as § 9-27-25 by Laws 2009, ch. 146, § 9; 2017, ch. 7, § 8.
ANNOTATIONS
Recompilations.
— Laws 2009, ch. 146, § 9 recompiled and amended former 15-5-6 NMSA 1978 as 9-27-25 NMSA 1978, effective June 19, 2009.
The 2017 amendment,
effective June 16, 2017, provided that every department, institution or agency of the state government shall participate in the central telecommunication network unless excluded by the secretary of information technology or the secretary's designee; and substituted "telecommunication network" for "telephone system" throughout the section.
The 2009 amendment,
effective June 19, 2009, in the second sentence, deleted "director of the communications division" and added "secretary or the secretary's designee"; and in the last sentence, deleted "director of the communications division" and added "secretary or the secretary's designee".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-26 - Indian nations, tribes and pueblos; agency-owned or -operated broadband network; statewide broadband; right-of-way agreement and service agreement.

Indian nations, tribes and pueblos may connect to an agency-owned or -operated statewide broadband network in exchange for a mutually agreed upon right-of-way agreement or a service agreement with the chief information officer. The chief information officer shall apply for reimbursements from the federal universal service fund pursuant to Section 254 of the federal Telecommunications Act of 1996, 47 U.S.C. 254, as such section existed on January 1, 2006, on behalf of Indian nations, tribes and pueblos that execute a right-of-way agreement or service agreement.
History:
Laws 2017, ch. 7, § 9; 2023, ch. 132, § 6.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, authorized service agreements between Indian nations, tribes and pueblos and the chief information officer for connections to an agency-owned or operated statewide broadband network; in the section heading, added "agency-owned or -operated broadband network", and added "agreement and service"; and added "agency-owned or -operated", preceding "statewide broadband network", after "exchange for a", added "mutually agreed upon", and after each occurrence of "right-of-way agreement", added "or service agreement".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27 - Department of Information Technology › Section 9-27-27 - Library broadband infrastructure fund; created.

A. The "library broadband infrastructure fund" is created in the state treasury. The fund consists of money appropriated by the legislature, federal money granted to the state for the purposes of the fund, income from investment of the fund and money otherwise accruing to the fund. Money in the fund shall not revert to any other fund at the end of a fiscal year. The department of information technology shall administer the fund, and money in the fund is subject to appropriation by the legislature to the department of information technology to provide:
(1) matching money for grants to bring broadband infrastructure to public, tribal and school libraries;
(2) support for grant application preparation and compliance; and
(3) planning and data acquisition services to support collaborative project implementation.
B. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of information technology or the secretary's authorized representative.
History:
Laws 2018, ch. 25, § 1.
ANNOTATIONS
Effective dates.
— Laws 2018, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 2018, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27A - Cybersecurity › Section 9-27A-1 - Short title.

This act [9-27A-1 to 9-27A-5 NMSA 1978] may be cited as the "Cybersecurity Act".
History:
Laws 2023, ch. 115, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 115, § 7 made Laws 2023, ch. 115, § 1 effective July 1, 2023.
Temporary provisions.
— Laws 2023, ch. 115, § 6 provided that on July 1, 2023:
A. all functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property pertaining to cybersecurity or information security of the department of information technology are transferred to the cybersecurity office;
B. all contractual obligations of the department of information technology for cybersecurity or information security services are binding on the cybersecurity office;
C. all references in law to the chief information security officer of the department of information technology shall be deemed to be references to the state chief information security officer; and
D. the chief information security officer for the department of information technology shall become the initial state chief information security officer.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27A - Cybersecurity › Section 9-27A-2 - Definitions.

As used in the Cybersecurity Act:
A. "agency" means executive cabinet agencies and their administratively attached agencies, offices, boards and commissions;
B. "cybersecurity" means acts, practices or systems that eliminate or reduce the risk of loss of critical assets, loss of sensitive information or reputational harm as a result of a cyber attack or breach within an organization's network;
C. "information security" means acts, practices or systems that eliminate or reduce the risk that legally protected information or information that could be used to facilitate criminal activity is accessed or compromised through physical or electronic means;
D. "information technology" means computer hardware, storage media, networking equipment, physical devices, infrastructure, processes and code, firmware, software and ancillary products and services, including:
(1) systems design and analysis;
(2) development or modification of hardware or solutions used to create, process, store, secure or exchange electronic data;
(3) information storage and retrieval;
(4) voice, radio, video and data communications;
(5) network, hosting and cloud-based systems;
(6) simulation and testing;
(7) interactions between a user and an information system; and
(8) user and system credentials; and
E. "security officer" means the state chief information security officer.
History:
Laws 2023, ch. 115, § 2.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 115, § 7 made Laws 2023, ch. 115, § 2 effective July 1, 2023.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 27A - Cybersecurity › Section 9-27A-4 - State chief information security officer; qualifications.

The position of "state chief information security officer" is created. The security officer shall be a classified position in accordance with rules promulgated pursuant to the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2023, ch. 115, § 4.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 115, § 7 made Laws 2023, ch. 115, § 4 effective July 1, 2023.
Temporary provisions.
— Laws 2023, ch. 115, § 6 provided that on July 1, 2023:
A. all functions, personnel, money, appropriations, records, furniture, equipment, supplies and other property pertaining to cybersecurity or information security of the department of information technology are transferred to the cybersecurity office;
B. all contractual obligations of the department of information technology for cybersecurity or information security services are binding on the cybersecurity office;
C. all references in law to the chief information security officer of the department of information technology shall be deemed to be references to the state chief information security officer; and
D. the chief information security officer for the department of information technology shall become the initial state chief information security officer.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 28 - Homeland Security and Emergency Management Department › Section 9-28-1 - Short title.

Sections 1 through 6 [9-28-1 to 9-28-6 NMSA 1978] of this act may be cited as the "Homeland Security and Emergency Management Department Act".
History:
Laws 2007, ch. 291, § 1.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 291, § 37 made the Homeland Security and Emergency Management Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 28 - Homeland Security and Emergency Management Department › Section 9-28-2 - Purpose; criminal justice law enforcement agency.

A. The purpose of the Homeland Security and Emergency Management Department Act is to establish a department to:
(1) consolidate and coordinate homeland security and emergency management functions to provide comprehensive and coordinated preparedness, mitigation, prevention, protection, response and recovery for emergencies and disasters, regardless of cause, and acts or threats of terrorism;
(2) act as the central primary coordinating agency for the state and its political subdivisions in response to emergencies, disasters and acts or threats of terrorism; and
(3) act as the conduit for federal assistance and cooperation in response to emergencies, disasters and acts or threats of terrorism.
B. The department shall be considered a criminal justice law enforcement agency in order to accomplish the purposes provided in Subsection A of this section.
History:
Laws 2007, ch. 291, § 2; 2009, ch. 250, § 2.
ANNOTATIONS
The 2009 amendment,
effective April 7, 2009, in Paragraphs (1) through (3) of Subsection A, after "acts", added "or threats"; and added Subsection B.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 28 - Homeland Security and Emergency Management Department › Section 9-28-3 - Definitions.

As used in the Homeland Security and Emergency Management Department Act:
A. "department" means the homeland security and emergency management department; and
B. "secretary" means the secretary of homeland security and emergency management.
History:
Laws 2007, ch. 291, § 3; 2009, ch. 250, § 3.
ANNOTATIONS
The 2009 amendment,
effective April 7, 2009, in Subsection B, changed "state director" to "secretary".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 28 - Homeland Security and Emergency Management Department › Section 9-28-5 - Department duties.

The department shall:
A. coordinate the homeland security and emergency management efforts of all state and local government agencies, as well as enlist cooperation from private entities such as health care providers;
B. apply for and accept federal funds for homeland security, administer the funds and develop criteria to allocate grants to local governments, tribes, state agencies and other qualified entities;
C. act as liaison between federal, state and local agencies to effect the improved sharing of counterterrorism intelligence;
D. provide information to the general public and to private businesses that is essential to ensuring their safety and security and provide the governor with timely information relating to emergencies, disasters and acts of terrorism or terrorist threats;
E. establish security standards for state facilities and for protection of their occupants and develop plans for the continuity of state government operations in the event of a threat or act of terrorism or other natural or man-made disaster;
F. identify the state's critical infrastructures and assist public and private entities with developing plans and procedures designed to implement the protective actions necessary to continue operations;
G. coordinate state agency and local government plans for prevention, preparedness and response with a focus on an all-hazards approach;
H. coordinate law enforcement counterterrorism prevention, preparedness and response training on a statewide basis, including training for emergency responders, government officials, health care providers and others as appropriate;
I. work with emergency response and emergency management programs and provide assistance in developing and conducting terrorism response exercises for emergency responders, government officials, health care providers and others;
J. coordinate law enforcement's and emergency responders' response to an act of terrorism or terrorist threat;
K. develop and maintain a statewide plan and strategy to manage and allocate federal grant funds required to provide the state's emergency response community with the equipment necessary to respond to an act of terrorism involving a weapon of mass destruction; and
L. perform such other duties relating to homeland security as may be assigned by the governor.
History:
Laws 2007, ch. 291, § 5.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 291, § 37 made the Homeland Security and Emergency Management Department Act effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 28 - Homeland Security and Emergency Management Department › Section 9-28-6 - Cooperation with federal government; authority of secretary; single state agency status.

A. The department is authorized to cooperate with the federal government in the administration of homeland security and emergency management programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, rules or orders. The department may enter into agreements with agencies of the federal government to implement homeland security and emergency management programs subject to availability of appropriated state funds and any provisions of state laws applicable to such agreements or participation by the state.
B. The governor may by appropriate order designate the department as the single state agency for the administration of any homeland security or emergency management program when that designation is a condition of federal financial or other participation in the program under applicable federal law, rule or order. Whether or not a federal condition exists, the governor may designate the department as the single state agency for the administration of any homeland security or emergency management program. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.
History:
Laws 2007, ch. 291, § 6; 2009, ch. 250, § 5.
ANNOTATIONS
The 2009 amendment,
effective April 7, 2009, in the title, changed "state director" to "secretary".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 28 - Homeland Security and Emergency Management Department › Section 9-28-7 - Temporary provision; transfer of personnel and property; contractual obligations; statutory references.

A. On the effective date of this act, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the office of homeland security or the homeland security advisor of the governor's office are transferred to the homeland security and emergency management department.
B. On the effective date of this act, all functions, personnel, money, appropriations, records, furniture, equipment and other property of the office of emergency management and the homeland security and emergency management program of the department of public safety are transferred to the homeland security and emergency management department.
C. On the effective date of this act, contractual obligations of the office of homeland security or the homeland security advisor of the governor's office or of the technical and emergency support division of the department of public safety or the department of public safety pertaining to the homeland security and emergency management program shall be binding on the homeland security and emergency management department.
D. On the effective date of this act, all references in the law to the office of homeland security or the homeland security advisor of the governor's office shall be deemed to be references to the homeland security and emergency management department.
E. On the effective date of this act, references in law to the State Civil Emergency Preparedness Act shall be deemed to be references to the All Hazard Emergency Management Act [12-10-1 to 12-10-10 NMSA 1978]. All references in law to the Emergency Management Act shall be deemed to be references to the Hazardous Materials Emergency Response Act [12-12-17 to 12-12-30 NMSA 1978].
History:
Laws 2007, ch. 291, § 35.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 291, § 37 made this section effective July 1, 2007.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 29 - Early Childhood Education and Care Department › Section 9-29-7 - Assistant secretary; appointment; duties.

A. The secretary shall, with the consent of the governor, appoint an assistant secretary for Native American early education and care.
B. The assistant secretary shall:
(1) be responsible to the secretary for the administration, coordination and oversight of Indian early childhood education and care programs;
(2) the assistant secretary shall, in cooperation with the secretary, collaborate with state and federal departments and agencies, tribal governments, eligible providers and community partners to identify ways such entities can assist the department in the implementation of the Early Childhood Education and Care Department Act;
(3) consult with the New Mexico Indian nations, tribes and pueblos for delivery of learning guidelines in Native American language, culture and history designed for tribal and nontribal students;
(4) provide assistance to school districts and educational agencies to expand appropriate Indian education programs for Native American infants, toddlers, children, youth and families pursuant to the federal Indian Child Welfare Act of 1978;
(5) assist with the delivery of culturally relevant education and care for Native American children;
(6) seek funding to establish and strengthen programs related to Native American infants, toddlers, children, youth and families; and
(7) help ensure that Native American language and cultural considerations are included in programs administered through the department.
History:
Laws 2019, ch. 48, § 7.
ANNOTATIONS
Cross references.
— For the federal Indian Child Welfare Act of 1978,
see
25 U.S.C. § 1901, et seq.
Effective dates.
— Laws 2019, ch. 48, § 38 made Laws 2019, ch. 48, § 7 effective July 1, 2019.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 29 - Early Childhood Education and Care Department › Section 9-29-9 - Records and confidentiality.

The department may access records and data of other state agencies that are not made expressly confidential by law. The department shall enter into agreements with the children, youth and families department and the public education department to share and maintain confidential information in accordance with federal and state confidentiality laws.
History:
Laws 2019, ch. 48, § 9.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 48, § 38 made Laws 2019, ch. 48, § 9 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 29 - Early Childhood Education and Care Department › Section 9-29-12 - Early childhood education and care finance plan.

A. The department shall prepare and update a four-year early childhood education and care finance plan to provide the legislature and the governor with demographic information on at-risk children, data on the efficacy of early childhood education and care programs and recommendations for financing the early childhood education and care system.
B. The department shall include in the early childhood education and care finance plan:
(1) an identification of:
(a) the social, emotional, cognitive, health, educational, safety and other needs and risk factors of children by age and location;
(b) the availability of, cost of and funding for programs that address those needs and reduce those risks by: 1) type of program; 2) age of program participant; and 3) geographic location;
(c) the gaps between those needs and the programs that address those needs and the reasons for those gaps; and
(d) the funding for each of the previous four years for programs that address those needs and reduce those risks;
(2) an evaluation of the early childhood education and care system by service type;
(3) an assessment of whether desired outcomes have been reached for each of the previous four years; and
(4) recommendations for legislation, funding and other changes necessary to improve that system and to close the gaps in those programs.
C. The department shall post prominently on its website the early childhood education and care finance plan in a user-friendly, searchable format.
History:
Laws 2019, ch. 48, § 12.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 48, § 38 made Laws 2019, ch. 48, § 12 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 29A - Early Childhood Education and Care Fund › Section 9-29A-2 - Early childhood education and care program fund.

The "early childhood education and care program fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. The early childhood education and care department shall administer the fund. Money in the fund is subject to appropriation by the legislature for early childhood education and care services and programs. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of early childhood education and care or the secretary's authorized representative.
History:
Laws 2020, ch. 3, § 2.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 3, § 8 made Laws 2020, ch. 3, § 2 effective July 1, 2020.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 29A - Early Childhood Education and Care Fund › Section 9-29A-3 - Distribution; early childhood education and care fund; payments pursuant to federal Mineral Leasing Act.

A. If, by June 30, 2022 and by June 30 of each fiscal year thereafter, the net receipts for that fiscal year of the money received by the state pursuant to the federal Mineral Leasing Act exceed the annual average amount, the excess shall be distributed to the early childhood education and care fund and attributed to that fiscal year. If there is an excess amount, the distribution shall be made as soon as practicable. If there is not an excess amount, no distribution shall be made to the fund. The department of finance and administration shall make the calculation to determine if an excess amount shall be distributed.
B. As used in this section, "annual average amount" means the total net receipts attributable to money received by the state pursuant to the federal Mineral Leasing Act in the immediately preceding five fiscal years, divided by five.
History:
Laws 2020, ch. 3, § 3.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 3, § 8 made Laws 2020, ch. 3, § 3 effective July 1, 2020.
Cross references.
— For the federal Mineral Leasing Act,
see
30 U.S.C.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 29A - Early Childhood Education and Care Fund › Section 9-29A-3 - Distribution; early childhood education and care fund; severance tax permanent fund; payments pursuant to federal Mineral Leasing Act. (Effective July 1, 2024.)

A. If, by June 30 of each fiscal year, the net receipts for that fiscal year of the money received by the state pursuant to the federal Mineral Leasing Act exceed the annual average amount, the excess amount above the annual average amount shall be distributed to the early childhood education and care fund and attributed to that fiscal year.
B. If, by June 30, 2025, and by June 30 of each fiscal year thereafter, the remaining amount of the net receipts for that fiscal year of the money received by the state pursuant to the federal Mineral Leasing Act after the distribution pursuant to Subsection A of this section exceeds the threshold amount, the excess shall be distributed to the severance tax permanent fund.
C. The department of finance and administration shall make the calculations to determine if excess amounts shall be distributed pursuant to this section. If there is an excess amount, the distribution shall be made as soon as practicable. If there is not an excess amount, no distribution shall be made.
D. As used in this section:
(1) "annual average amount" means the total net receipts attributable to money received by the state pursuant to the federal Mineral Leasing Act in the immediately preceding five fiscal years, divided by five; and
(2) "threshold amount" means the net receipts of the money received by the state pursuant to the federal Mineral Leasing Act distributed in fiscal year 2024 pursuant to Subsection B of Section 22-8-34 NMSA 1978.
History:
Laws 2020, ch. 3, § 3; 2023, ch. 22, § 3.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, provided for the distribution of certain federal Mineral Leasing Act payments to the severance tax permanent fund, and defined "threshold amount" as used in this section; in Subsection A, deleted "June 30, 2022 and by", after "each fiscal year", deleted "thereafter", after "the excess", added "amount above the annual average amount", and, deleted "If there is an excess amount, the distribution shall be made as soon as practicable. If there is not an excess amount, no distribution shall be made to the fund. The department of finance and administration shall make the calculation to determine if an excess amount shall be distributed."; added new Subsections B and C and redesignated former Subsection B as Subsection D; and added Subsection D(2).
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-1 - [Ineligibility for recess appointment after rejection by senate.]

No person, whose nomination or appointment to any office in the state shall have been rejected by the senate, shall be eligible to hold office under recess appointment.
History:
Laws 1915, ch. 61, § 1; C.S. 1929, § 96-138; 1941 Comp., § 10-101; 1953 Comp., § 5-1-1.
ANNOTATIONS
Cross references.
— For constitutional provision relating to qualifications to hold office,
see
N.M. Const., art. VII, § 2.
For employment of handicapped persons, policy of the state,
see
28-10-11 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 16 to 19.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-3 - [Deputies and assistants convicted of crimes; penalty for appointment or retention.]

It shall be unlawful for any state, county, district, or municipal officer to appoint, employ, or retain as a deputy or assistant any person convicted of a felonious or infamous crime, unless such person has been pardoned or restored to political rights; and any public officer who shall knowingly violate the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by fine of not less than one hundred dollars [($100)] nor more than five hundred dollars [($500)] and, in addition to such punishment, shall be removed from office in accordance with the provisions of this chapter.
History:
Laws 1912, ch. 44, § 2; Code 1915, § 3952; C.S. 1929, § 96-103; 1941 Comp., § 10-103; 1953 Comp., § 5-1-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The 1915 Code compilers replaced "chapter 36 of the Session Laws of 1909," compiled as 10-3-1, 10-4-1 to 10-4-29 NMSA 1978, with "this chapter," referring to Chapter 80 of the 1915 Code, §§ 3950 to 3985, compiled as 10-1-2 to 10-1-4, 10-3-1, 10-4-1 to 10-4-29 and 10-17-5 NMSA 1978.
Cross references.
— For persons convicted of crime ineligible for office,
see
10-1-2 NMSA 1978.
"Public officer" and "state officer" are synonyms.
1966 Op. Att'y Gen. No. 66-114.
Employment in position other than deputy or assistant.
— It would appear that the employment by the commission or the chief highway engineer of a person (convicted of a felonious crime) in any position other than as deputy or assistant to the commission or the chief highway engineer would not violate the statute. 1954 Op. Att'y Gen. No. 54-5952.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Conviction of offense under federal law or law of another state or country as vacating accused's holding of state or local office, 20 A.L.R.2d 732.
Effect of conviction in federal court, or court of another state or country, on right to hold public office, 39 A.L.R.3d 303.
Pardon as restoring eligibility to public office, 58 A.L.R.3d 1191.
67 C.J.S. Officers and Public Employees §§ 22, 35.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-4 - [Women eligible for appointment.]

Women may hold any appointive office in the state of New Mexico.
History:
Laws 1913, ch. 60, § 1; Code 1915, § 3953; C.S. 1929, § 96-104; 1941 Comp., § 10-104; 1953 Comp., § 5-1-4.
ANNOTATIONS
Cross references.
— For eligibility of women to any public office,
see
N.M. Const., art. VII, § 2.
For women as public officers,
see
N.M. Const., art. XX, § 11.
Assistant commissioner of public lands.
— Under this section and N.M. Const., art. XX, § 11, a woman may hold the appointive office of assistant commissioner of public lands. 1920 Op. Att'y Gen. No. 20-2752.
A woman can hold the office of school director.
1912 Op. Att'y Gen. No. 12-934.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Construction and application of provisions of Equal Pay Act of 1963 (29 U.S.C. § 206(d)) prohibiting wage discrimination on basis of sex, 7 A.L.R. Fed. 707.
Construction and application of provisions of Title VII of 1964 Civil Rights Act making sex discrimination in employment unlawful, 12 A.L.R. Fed. 15, 27 A.L.R. Fed. 274, 27 A.L.R. Fed. 537, 34 A.L.R. Fed. 648, 35 A.L.R. Fed. 15, 62 A.L.R. Fed. 33, 110 A.L.R. Fed. 28, 116 A.L.R. Fed. 1, 123 A.L.R. Fed. 1
What constitutes "establishment" for purposes of § 6(d)(1) of Equal Pay Act (29 USCS § 206(d)(1)), prohibiting wage discrimination within establishment based on sex, 124 A.L.R. Fed. 159.
What constitutes termination of employee due to pregnancy in violation of Pregnancy Discrimination Act amendment to Title VII of Civil Rights Act of 1964 (42 USCS § 2000e(k)), 130 A.L.R. Fed. 473.
67 C.J.S. Officers and Public Employees § 20.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-6 - [Affidavits of residence; prima facie value as evidence.]

Any person whose duty it is to engage or hire employees mentioned in Section 1 of this act may require any person applying for such employment to file an affidavit with such person, stating his name and residence and that he has been a bona fide resident of the state of New Mexico for a period of one year next previous to the date of application for such employment. In all prosecutions against any persons for violation of the provisions of this act [10-1-6 to 10-1-9 NMSA 1978], such affidavits shall be received in evidence as prima facie proof of the truth of the statements therein contained.
History:
Laws 1933, ch. 68, § 2; 1941 Comp., § 10-106; 1953 Comp., § 5-1-6.
ANNOTATIONS
Compiler's notes.
— "Section 1 of this act," referred to near the beginning of the first sentence, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1.
Application to construction project.
— This section, when read together with the provisions of 10-1-7 and 10-1-8 NMSA 1978, has specific application to the construction of the public works project contemplated by the interstate streams commission (the Ute dam), and would have to be considered by the commission in the carrying out of the construction work. 1962 Op. Att'y Gen. No. 62-80.
When production of affidavits required.
— Under 6-2-1 NMSA 1978, the heads of departments may be compelled to produce the affidavit required under this section before making payment to any person or persons employed who have not been residents of New Mexico for one year prior to their employment as state employees. 1951 Op. Att'y Gen. No. 51-5388.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction, and application of enactments relating to requirement of residency within or near specified governmental unit as condition of continued employment for policemen or firemen, 4 A.L.R.4th 380.
67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-7 - [Provisions of employment contracts.]

Every written contract entered into by the state of New Mexico and all political subdivisions thereof, including all of the departments, bureaus, boards, commissions or institutions of said state and all of its political subdivisions, involving the employment of persons mentioned in Section 1 of this act shall contain such provisions relating to employment as comply with the provisions of this act.
History:
Laws 1933, ch. 68, § 3; 1941 Comp., § 10-107; 1953 Comp., § 5-1-7.
ANNOTATIONS
Compiler's notes.
— "Section 1 of this act," referred to near the beginning of the first sentence, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-8 - [Failure to employ residents; penalties.]

Any person, firm, corporation or association having charge of or control over the employment of persons mentioned in Section 1 of this act, who shall willfully refuse to comply with the provisions of said Section 1, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $300 or by imprisonment in the county jail not to exceed ninety days or both such fine and imprisonment, in the discretion of the court.
History:
Laws 1933, ch. 68, § 4; 1941 Comp., § 10-108; 1953 Comp., § 5-1-8.
ANNOTATIONS
Compiler's notes.
— "Section 1 of this act," referred to near the beginning of the first sentence, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-9 - [False affidavit to obtain employment; penalty.]

Any applicant for employment mentioned in Section 1 thereof, who shall willfully file any false affidavit for the purpose of obtaining employment shall be deemed guilty of a misdemeanor and upon conviction shall be subject to the penalties mentioned in Section 4 [10-1-8 NMSA 1978] hereof.
History:
Laws 1933, ch. 68, § 5; 1941 Comp., § 10-109; 1953 Comp., § 5-1-9.
ANNOTATIONS
Compiler's notes.
— "Section 1 thereof," referred to near the beginning of the section, means Laws 1933, ch. 68, § 1, which appeared as 10-1-5 NMSA 1978, but was repealed by Laws 1979, ch. 54, § 1.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 26; 81A C.J.S. States § 83.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-11 - [Payment of nepotic employees; liability of employer and bondsmen; employment void.]

No person so unlawfully employed shall be paid or receive any compensation from public funds, and such employment shall be null and void, and the person or persons giving such employment, together with his or their bondsmen, shall be liable for any and all monies so unlawfully paid out.
History:
Laws 1925, ch. 50, § 2; C.S. 1929, § 96-137; 1941 Comp., § 10-111; 1953 Comp., § 5-1-11.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees § 23.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-12 - [Employment of persons advocating sabotage, sedition or treason prohibited; discharge of such persons already employed.]

No person shall be knowingly employed by any state department, office, board, commission or bureau, county, municipality or other political subdivision, board of education or school board, who either directly or indirectly carries on, advocates, teaches, justifies, aids or abets a program of sabotage, force and violence, sedition or treason against the government of the United States or of this state.
When it becomes reasonably apparent to his appointing power that any employee has committed any of the acts hereinabove described it shall be the duy [duty] of such employer to refer the data and information available to him to the district attorney of the judicial district wherein such employee resides, and it shall thereupon become the mandatory duty of the district attorney to institute a proceeding in the district court to determine whether the employee has violated this act [section]. If such court determines that this act has been violated, such employee shall be immediately discharged and shall not be again employed in any capacity by any state department, office, board, commission, or bureau, county, municipality, or other political subdivision, board of education, or school board.
No part of any money appropriated from the state treasury shall ever be expended to compensate any person whose employment is forbidden by this section.
History:
Laws 1949, ch. 45, § 1; 1941 Comp., § 10-112; 1953 Comp., § 5-1-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For public policy regarding communism,
see
12-4-1 to 12-4-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
63A Am. Jur. 2d Public Officers and Employees §§ 48, 241.
Oath of allegiance or loyalty: validity of governmental requirement of, 18 A.L.R.2d 268.
Self-incrimination: right of witness to refuse to answer, on the ground of self-incrimination, as to membership in or connection with party, society, or similar organization or group, 19 A.L.R.2d 388.
Schoolteacher, dismissal or rejection of because of disloyalty, 27 A.L.R.2d 487.
Defamatory nature of statements reflecting on plaintiff's religious beliefs, standing, or activities, 33 A.L.R.2d 1196.
Libel and slander: public officer's privilege as to statements made in connection with hiring and discharge, 26 A.L.R.3d 492.
Libel and slander: public officer's privilege in connection with accusation that another has been guilty of sedition, subversion, espionage, or similar behavior, 33 A.L.R.3d 1330.
Imputation of allegedly objectionable political or social beliefs or principles as defamation, 62 A.L.R.4th 314.
What constitutes conviction within statutory or constitutional provision making conviction of crime ground of disqualification for, removal from, or vacancy in, public office, 10 A.L.R.5th 139.
67 C.J.S. Officers and Public Employees §§ 22, 120, 121, 125.
2023 New Mexico Statutes › Chapter 10 - Public Officers and Employees › Article 1 - Qualifications › Section 10-1-13 - County officers; oath; bond.

A. As used in this section, "county officer" means county commissioner, county assessor, county clerk, county sheriff, county treasurer, probate judge, county flood commissioner and small claims court clerk.
B. Before assuming the duties of office, each county officer shall take and subscribe the oath of office prescribed by the constitution of New Mexico and give an official bond payable to the state and conditioned for the faithful performance of duties, during the county officer's term of office and until a successor is elected or appointed and is qualified, and that the county officer shall pay all money received in the county officer's official capacity to the person entitled to receive it. The bond shall be executed by a corporate surety company authorized to do business in this state. The amount of the bond required shall be fixed by the board of county commissioners in a sum equal to twenty percent of the public money handled by the county officer during the preceding fiscal year but not to exceed:
county commissioner
$ 5,000
county assessor
5,000
county clerk
10,000
county sheriff
20,000
county treasurer
50,000
probate judge
5,000
county flood commissioner
10,000
small claims court clerk
10,000.
C. Each county officer shall appoint a deputy or clerk, as allowed by law, who shall take the oath of office required of the appointing county officer and shall receive salary as provided by law. In case of the death of the appointing county officer, the deputy shall continue in office and perform the duties of the county officer until a new county officer is appointed and qualified as required by law.
D. The cost of official bonds for county officers shall be paid from the county general fund, and the board of county commissioners may elect to provide a schedule or blanket corporate surety bond covering county officers and employees for any period of time not exceeding four years.
E. If any county officer fails to give bond by January 10 following the county officer's election or within ten days of appointment, the board of county commissioners shall declare the office vacant.
History:
1953 Comp., § 5-1-13, enacted by Laws 1967, ch. 238, § 1; 2011, ch. 56, § 25.
ANNOTATIONS
The 2011 amendment,
effective December 31, 2012, removed the office of county surveyor from the list of county officers.
Appointment to fill county office vacancy.
— A vacancy in a county office may occur where a successor in an office fails to qualify. The board of county commissioners must appoint a person to fill the vacancy and an incumbent who has already served two consecutive terms is ineligible for that appointment. 1979 Op. Att'y Gen. No. 79-19.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
67 C.J.S. Officers and Public Employees §§ 45 to 48.