reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-5 - Secretary of environment; appointment.

A. The administrative head of the department is the "secretary of environment", who shall be appointed by the governor with the consent of the senate and shall serve in the executive cabinet.
B. The 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 1991, ch. 25, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-7 - Organizational units of the department; powers and duties specified by law; access to information.

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, and he shall retain the final decision-making authority and responsibility for the administration of any laws as provided in Subsection B of Section 6 [9-7A-6 NMSA 1978] of the Department of Environment Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
History:
Laws 1991, ch. 25, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-8 - Directors.

The secretary shall appoint with the approval of the governor "directors" of divisions established within the department. The positions so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1991, ch. 25, § 8.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-9 - Bureaus; chiefs.

The secretary shall establish within each division such "bureaus" as he deems necessary to carry out the provisions of the Department of Environment Act. He shall employ a "chief" to be the administrative head of each bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978] unless otherwise provided by law.
History:
Laws 1991, ch. 25, § 9.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-10 - Advisory committees.

A. Advisory committees may be created. "Advisory" means 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 does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978].
B. All members of advisory committees appointed under the authority of this section shall receive as their sole remuneration for services as a member those amounts authorized under the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 1991, ch. 25, § 10.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-11 - Cooperation with the federal government; authority of secretary; single state agency status.

A. The department is authorized to cooperate with the federal government in the administration of environmental programs in which financial or other participation by the federal government is authorized or mandated under state or federal laws, regulations, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement environmental 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 or the secretary may by appropriate order designate the department or any organizational unit of the department as the single state agency for the administration of any environmental program when that designation is a condition of federal financial or other participation in the program under applicable federal law, regulation, rule or order. Whether or not a federal condition exists, the governor may designate the department or any organizational unit of the department as the single state agency for the administration of any environmental 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 1991, ch. 25, § 11.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-12 - Environmental improvement board; exemptions from authority of secretary.

The environmental improvement board shall receive staff support from the department. All powers, duties and responsibilities of the environmental improvement board under Sections 25-1-1 through 25-1-14, 25-2-1 through 25-2-19, 25-5-1 through 25-5-9, 50-9-1, through 50-9-25, 74-1-1 through 74-1-11, 74-2-1 through 74-2-17, 74-3-1 through 74-3-16, 74-4-1 through 74-4-13, 74-4A-1 through 74-4A-19, 74-6B-1 through 74-6B-11 [repealed], 74-7-1 through 74-7-8, 7-8-1 through 7-8-3 [74-8-1 to 74-8-3], 74-9-1 through 74-9-42 and 75-1-1 through 75-1-6 NMSA 1978 are explicitly exempt from the authority of the secretary under the provisions of Subsection B of Section 6 [9-7A-6 NMSA 1978] of the Department of Environment Act.
History:
Laws 1991, ch. 25, § 12.
ANNOTATIONS
Emergency clauses.
— Laws 1991, ch. 25, § 38 contained an emergency clause and was approved March 29, 1991.
Bracketed material.
— The bracketed material "74-8-1 through 74-8-3" was inserted by the compiler to correct an apparent typographical error and is not part of the law.
Laws 1993, ch. 298, § 5 repealed 74-6B-11 NMSA 1978, effective April 7, 1993.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-13 - Water quality control commission; exemptions from authority of secretary of environment.

The water quality control commission shall receive staff support from the department of environment. All powers, duties and responsibilities of the water quality control commission under Sections 47-6-11, 74-6-3 through 74-6-8, 74-6-10 and 74-6-12 NMSA 1978 are hereby explicitly exempted from the authority of the secretary under provisions of Subsection B of Section 6 [9-7A-6 NMSA 1978] of the Department of Environment Act.
History:
1978 Comp., § 9-7-14, enacted by Laws 1977, ch. 253, § 77; recompiled as 1978 Comp., § 9-7A-13; 1991, ch. 25, § 25.
ANNOTATIONS
The 1991 amendment,
effective March 29, 1991, deleted "health and" preceding "environment" in the catchline; substituted "department of environment" for "environmental improvement division of the health and environment department" in the first sentence; and rewrote the second sentence, which read "All powers, duties and responsibilities of the water quality control commission under Sections 47-6-11, 61-30-4, 61-30-5, 61-30-7 through 61-30-9, 74-6-3 through 74-6-8, 74-6-10 and 74-6-12 NMSA 1978 are hereby explicitly exempted from the authority of the secretary of health and environment under provisions of Subsection B of Section 7 of the Health and Environment Department Act".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Validity of statute prescribing standard of purity of water furnished for human consumption, 6 A.L.R. 475.
Validity of statute, ordinance or other measure involving chemical treatment of public water supply, 43 A.L.R.2d 453.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-14 - Occupational health and safety review commission; exemptions from authority of secretary of environment.

The occupational health and safety review commission shall receive staff support from the department of environment. All powers, duties and responsibilities of the occupational health and safety review commission under Sections 50-9-9, 50-9-17 and 50-9-24 NMSA 1978 are hereby explicitly exempted from the authority of the secretary under provisions of Subsection B of Section 6 [9-7A-6 NMSA 1978] of The [the] Department of Environment Act.
History:
1978 Comp., § 9-7-15, enacted by Laws 1977, ch. 253, § 78; recompiled as 1978 Comp., § 9-7A-14; 1991, ch. 25, § 26.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
The 1991 amendment,
effective March 29, 1991, deleted "health and" preceding "environment" in the catchline; in the first sentence, substituted "receive" for "review" and "department of environment" for "environmental improvement division of the health and environment department"; and rewrote the second sentence, which read "All powers, duties and responsibilities of the occupational health and safety review commission under 50-9-9, 50-9-17 and 59-9-24 NMSA 1978 are hereby explicitly exempted from the authority of the secretary of health and environment under provisions of Subsection B of Section 7 of the Health and Environment Department Act".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-15 - Technical advisory committee created; duties and powers of the committee.

A. The "wastewater technical advisory committee" is created. The committee shall consist of five members to be appointed by and to serve at the pleasure of the secretary of environment. The members shall include:
(1) a wastewater treatment system engineer with at least ten years of experience in wastewater system design and construction;
(2) a faculty member from a university or college located within New Mexico with a minimum of a master's degree in biological science, microbiology, soil science or engineering, and with a minimum of ten years of work or academic experience with wastewater treatment or wastewater treatment facility management;
(3) a representative from the New Mexico state university water utilities technical assistance program;
(4) a class IV certified wastewater operator with at least ten years of experience; and
(5) a representative from the New Mexico home builders association.
B. The term of appointed members shall be three years. Members shall serve until their successors are appointed. Vacancies occurring in the membership of an appointed member shall be filled by the secretary for the remainder of the unexpired term.
C. The committee shall conduct open meetings as needed, but not less than quarterly.
D. The department of environment shall provide technical and legal assistance to the committee as needed.
E. The committee shall:
(1) establish procedures, practices and policies governing the committee's activities;
(2) provide standardized objective evaluation of wastewater treatment and disposal technologies for both large- and small-flow domestic, commercial and agricultural wastewater systems and submit its findings to the secretary for final approval by the secretary, who shall add the wastewater treatment and disposal technologies to the list of approved technologies maintained by the department, including the ground water quality bureau and the liquid waste program of the field operations division of the department of environment and their constituent agencies; and
(3) maintain a current list of approved wastewater technologies accessible by the public on the department's internet site.
F. Members of the committee shall receive reimbursement for expenses incurred in the performance of their duties pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance. Expenditures for this purpose shall be made from the budgeted funds of the department.
History:
Laws 2003, ch. 99, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 99 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 7A - Department of Environment › Section 9-7A-17 - Uranium mining reclamation revolving fund; created.

A. The "uranium mining reclamation revolving fund" is created in the state treasury. The uranium mining reclamation revolving fund consists of appropriations, gifts, grants, donations and money received by the department of environment or the energy, minerals and natural resources department from the federal government or other state agencies and other sources for conducting uranium mine and mill reclamation activities. Money recovered for the state by or on behalf of the department of environment or the energy, minerals and natural resources department from uranium mine or mill reclamation related litigation or settlements shall be deposited in the uranium mining reclamation revolving fund.
B. The uranium mining reclamation revolving fund shall be administered by the department of environment. Money in the fund is subject to appropriation by the legislature. Expenditures may be made from the fund for the department of environment or the energy, minerals and natural resources department to undertake projects to reclaim uranium mine and mill sites, including the acquisition of tools and equipment; expenses incurred by the department of environment or the energy, minerals and natural resources department in planning, supervising and completing uranium mine and mill reclamation projects; and expenses incurred in litigation involving uranium mine or mill sites; provided that money in the fund shall not be used for the operational expenses of the department of environment or the energy, minerals and natural resources department. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of environment or the secretary of energy, minerals and natural resources or their designees.
C. Money in the uranium mining reclamation revolving fund shall not revert to the general fund at the end of a fiscal year.
History:
Laws 2022, ch. 26, § 3.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 26 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-1 - Short title.

Chapter 9, Article 8 NMSA 1978 may be cited as the "Health Care Authority Department Act".
History:
1978 Comp., § 9-8-1, enacted by Laws 1977, ch. 252, § 1; 2007, ch. 325, § 2; 2023, ch. 205, § 1.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, after "cited as", deleted "Human Services" and added "Health Care Authority".
Temporary provisions.
— Laws 2023, ch. 205, § 16 provided:
A. The governor may issue an executive order that further delineates the organizational structure, power and duties of the health care authority department and moves divisions and programs to or from other departments to accomplish the reorganizational goals of this act. The governor shall report the reorganizational changes and recommend statutory changes to the legislative health and human services committee and the legislative finance committee by November 1, 2023 and provide a final reorganization report to the legislature by January 1, 2024.
B. On July 1, 2023, statutory references to the human services department shall be deemed to be references to the health care authority department, and contractual obligations of the human services department shall be binding on the health care authority department. Rules of the human services department shall be the rules of the health care authority department until amended or repealed. As functions of government are transferred to the health care authority department as specified in Section 9-8-4 NMSA 1978, statutory references shall be deemed to be references to the health care authority department, contractual obligations shall be binding on the department and existing pertinent rules shall be the rules of the department until amended or repealed.
C. The department of finance and administration, the secretary of health care authority, the secretary of health, the secretary of general services, members of the governor's staff and other persons assigned by the governor shall develop a transition plan that includes:
(1) what units of the executive department shall be transferred to or from the health care authority department and working and final organizational charts for all affected units of the executive departments;
(2) how and when functions, personnel, money, appropriations, equipment, supplies and other property of the human services department, the department of health, the general services department and other units of the executive department shall be transferred to or from the health care authority department; and
(3) proposed statutory changes, including changes in Chapters 9, 10 and 24 NMSA 1978 and the creation of a new chapter of the NMSA 1978 to include sections of Chapters 9 and 24 NMSA 1978 and other provisions of law pertaining to health care purchasing and regulation.
The 2007 amendment,
effective June 15, 2007, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-2 - Definitions.

As used in the Health Care Authority Department Act:
A. "department" means the health care authority department; and
B. "secretary" means the secretary of health care authority.
History:
1978 Comp., § 9-8-2, enacted by Laws 1977, ch. 252, § 2; 2023, ch. 205, § 2.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, changed the name of the humans services department to the health care authority department, and revised the definition of "secretary" as used in the Health Care Authority Department Act; in the section heading, deleted "Human Services" and added "Health Care Authority"; in Subsection A, after "means the", deleted "human services department created under the Human Services Department Act" and added "health care authority department"; and in Subsection B, after "secretary of", deleted "the department" and added "health care authority".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-7.2 - Cooperation with the New Mexico health insurance exchange.

The medical assistance division of the department shall cooperate with the New Mexico health insurance exchange to share information and facilitate transitions in enrollment between the exchange and medicaid.
History:
Laws 2013, ch. 54, § 9; 2023, ch. 205, § 9.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, after "medical assistance division of the", deleted "human services".
Severability.
— Laws 2013, ch. 54, § 16 provided that if any part or application of Laws 2013, ch. 54, §§ 1 through 15 are held invalid, the remainder or its application to other situations or persons shall not be affected.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-7.3 - Incarcerated persons; behavioral health services; county funding program.

To carry out the provisions of Subsection E of Section 9-8-7.1 NMSA 1978 and to provide behavioral health services to persons who are incarcerated in a county correctional facility:
A. the secretary shall adopt and promulgate rules:
(1) pursuant to which a county may apply for and be awarded funding through the department; and
(2) to establish priorities and guidelines for the award of funding to counties; and
B. the department shall distribute funds, as funding permits, to the county health care assistance funds of those counties:
(1) that apply for behavioral health services funding in accordance with department rules; and
(2) whose proposed utilization of funding pursuant to this section meets the priorities and guidelines for the awarding of behavioral health services funding established in department rules.
History:
Laws 2019, ch. 222, § 2; 2023, ch. 205, § 10.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, substituted each occurrence of "individuals" with "persons" throughout the section.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-7.4 - Incarcerated persons; behavioral health services; county funding program.

To carry out the provisions of Subsection E of Section 9-8-7.1 NMSA 1978 and to provide behavioral health services to persons who are incarcerated in a county correctional facility:
A. the secretary shall adopt and promulgate rules:
(1) pursuant to which a county may apply for and be awarded funding through the department; and
(2) to establish priorities and guidelines for the award of funding to counties; and
B. the department shall distribute funds, as funding permits, to the county health care assistance funds of those counties:
(1) that apply for behavioral health services funding in accordance with department rules; and
(2) that have proposed utilization of funding pursuant to this section that meets the priorities and guidelines for the awarding of behavioral health services funding established in department rules.
History:
Laws 2019, ch. 211, § 2; 2023, ch. 205, § 11.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, substituted each occurrence of "individuals" with "persons" throughout the section.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-9 - Directors.

The secretary shall appoint with the approval of the governor "directors" of divisions established within the department and a director of communications. The positions so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1978 Comp., § 9-8-9, enacted by Laws 1977, ch. 252, § 10; 1989, ch. 82, § 2; 2001, ch. 237, § 1.
ANNOTATIONS
Cross references.
— For appointment of directors,
see
9-8-6B(10) NMSA 1978.
The 2001 amendment,
effective April 3, 2001, inserted "and a director of communications" at the end of the first sentence; and deleted "with the exception of the director of the child support enforcement division and the director of the medical assistance division who each shall be covered under the Personnel Act" from the end of the subsection.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-11 - Advisory committees.

A. The governor shall appoint advisory committees to the department's income support division. Creation of the advisory committees shall be in accordance with the provisions of the Executive Reorganization Act [9-1-1 to 9-1-10 NMSA 1978]. If the existence of a committee, representational membership requirements or other matters are required or specified under any federal law, regulation, rule or order as a condition of receiving federal funding for a particular program administered by the department, the governor shall comply with those requirements in the creation of the advisory committee.
B. All members of the advisory committees appointed under the authority of this section shall receive as their sole remuneration for service as a member those amounts authorized under the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1978 Comp., § 9-8-11, enacted by Laws 1977, ch. 252, § 12; 1979, ch. 203, § 10; 1981, ch. 88, § 4; 2023, ch. 205, § 14.
ANNOTATIONS
Cross references.
— For executive cabinet,
see
9-1-3 NMSA 1978.
For public assistance generally,
see
Chapter 27 NMSA 1978.
For human rights generally,
see
Chapter 28 NMSA 1978.
For delinquent, abused and neglected children,
see
32A-2-1 to 32A-2-33 and 32A-4-1 to 32A-4-34 NMSA 1978.
For adoption generally,
see
32A-5-1 to 32A-5-45 NMSA 1978.
For the Mandatory Medical Support Act,
see
40-4C-1 NMSA 1978 et seq.
The 2023 amendment,
effective June 16, 2023, in Subsection A, after "income support division", deleted "and the social services division", and after "funding for a particular", deleted "human services".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-12 - Cooperation with the federal government; authority of secretary; single state agency status.

A. The department is authorized to cooperate with the federal government in the administration of health care and human services programs in which financial or other participation by the federal government is authorized or mandated under federal laws, regulations, rules or orders. The secretary may enter into agreements with agencies of the federal government to implement these health care or human services 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 or the secretary may by appropriate order designate the department or any organizational unit of the department as the single state agency for the administration of any health care or human services program when such designation is a condition of federal financial or other participation in the program under applicable federal law, regulation, rule or order. Whether or not a federal condition exists, the governor may designate the department or any organizational unit of the department as the single state agency for the administration of any health care or human services program. No designation of a single state agency under the authority granted in this section shall be made in contravention of state law.
History:
1978 Comp., § 9-8-12, enacted by Laws 1977, ch. 252, § 13; 2023, ch. 205, § 15.
ANNOTATIONS
The 2023 amendment,
effective June 16, 2023, in Subsection A, added "health care and" preceding the first occurrence of "human services programs", and added "health care or" preceding the second occurrence of "human services programs"; and in Subsection B, added "health care or" preceding each occurrence of "human services program".
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Actions under 42 USCS § 1983 for violations of Adoption Assistance and Child Welfare Act (42 USCS §§ 620 et seq. and 670 et seq.), 93 A.L.R. Fed. 314.
81A C.J.S. States § 28.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-13 - Repealed.

History:
1953 Comp., § 12-34-23, enacted by Laws 1977, ch. 252, § 15; 1981, ch. 171, § 9; 1987, ch. 31, § 1; 1992, ch. 57, § 17; 2007, ch. 46, § 7; 1978 Comp., § 9-8-13, repealed by Laws 2023, ch. 205, § 17.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 205, § 17 repealed 9-8-13 NMSA 1978, as enacted by Laws 1977, ch. 252, § 15, relating to authority to conduct social services, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 8 - Health Care Authority Department › Section 9-8-14 - Repealed.

History:
Laws 1987, ch. 31, § 4; repealed by Laws 2023, ch. 205, § 17.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 205, § 17 repealed 9-8-14 NMSA 1978, as enacted by Laws 1987, ch. 31, § 4, relating to responsibility, abuse or neglect, effective June 16, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 9 - Military Affairs › Section 9-9-1 - Short title.

This act [9-9-1 to 9-9-3 NMSA 1978] may be cited as the "Military Affairs Act".
History:
1978 Comp., § 9-9-1, enacted by Laws 1977, ch. 258, § 1.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 258, § 16 made Laws 1977, ch. 258, § 1 effective March 31, 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 9 - Military Affairs › Section 9-9-2 - Purpose.

The purpose of the Military Affairs Act is to transfer to the adjutant general the administration of all laws and the exercise of all functions formerly exercised by the New Mexico department of civil air patrol.
History:
1978 Comp., § 9-9-2, enacted by Laws 1977, ch. 258, § 2.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 258, § 16 made Laws 1977, ch. 258, § 2 effective March 31, 1978.
Cross references.
— For civil air patrol division,
see
20-7-1, NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 9 - Military Affairs › Section 9-9-3 - Bureaus; chiefs.

The adjutant general shall establish, within each division, such "bureaus" as he deems necessary to carry out the provisions of the Military Affairs Act. He shall employ a "chief" to be the administrative head of [any] such bureaus. The chief [chiefs] and all subsidiary employees of the emergency preparedness division of the office shall be covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1978 Comp., § 9-9-3, enacted by Laws 1977, ch. 258, § 4.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 258, § 16 made Laws 1977, ch. 258, § 4 effective March 31, 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 10 - Natural Resources Department (Repealed, Recompiled.) › Section 9-10-1 to 9-10-9 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed 9-10-1 to 9-10-9 NMSA 1978, as enacted by Laws 1977, ch. 254, §§ 1, 5-9, and 110 and Laws 1985, ch. 143, § 1 and amended by Laws 1982, ch. 10, §§ 1, 2, relating to the natural resources department, effective July 1, 1987. For present comparable provisions,
see
9-5A-1 to 9-5A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 10 - Natural Resources Department (Repealed, Recompiled.) › Section 9-10-10 - Recompiled.

ANNOTATIONS
Recompilations.
— Laws 1987, ch. 234, § 82, effective July 1, 1987, recompiled former 9-10-10 NMSA 1978 as 75-5-1 NMSA 1978; but since Laws 1987, ch. 192, had already enacted Article 5 of Chapter 75, the section was compiled as 75-6-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 10 - Natural Resources Department (Repealed, Recompiled.) › Section 9-10-11 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1982, ch. 10, § 9, repealed 9-10-11 NMSA 1978, as enacted by Laws 1977, ch. 254, § 112, relating to the exemption of the interstate stream commission from the authority of the secretary of natural resources, effective July 1, 1982.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-1 - Short title.

Chapter 9, Article 11 NMSA 1978 may be cited as the "Taxation and Revenue Department Act".
History:
1978 Comp., § 9-11-1, enacted by Laws 1977, ch. 249, § 1; 1986, ch. 20, § 121.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-2 - Definitions.

As used in the Taxation and Revenue Department Act:
A. "department" means the taxation and revenue department created under the Taxation and Revenue Department Act; and
B. "secretary" means the secretary of taxation and revenue.
History:
1978 Comp., § 9-11-2, enacted by Laws 1977, ch. 249, § 2; 1995, ch. 31, § 1.
ANNOTATIONS
The 1995 amendment,
effective July 1, 1995, substituted "taxation and revenue" for "the department" in Subsection B.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-3 - Purpose.

The purpose of the Taxation and Revenue Department Act is to establish a single, unified department to administer all laws and exercise all functions relating to taxation, revenue and vehicles charged to the department.
History:
1978 Comp., § 9-11-3, enacted by Laws 1977, ch. 249, § 3; 1987, ch. 268, § 2.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-4 - Department established.

There is created in the executive branch the "taxation and revenue department". The department shall be a cabinet department and shall consist of, but not be limited to, seven divisions as follows:
A. the audit and compliance division;
B. the property tax division;
C. the revenue processing division;
D. the tax fraud investigations division;
E. the motor vehicle division;
F. the administrative services division; and
G. the information technology division.
History:
1978 Comp., § 9-11-4, enacted by Laws 1977, ch. 249, § 4; 1986, ch. 20, § 122; 1987, ch. 268, § 3; 1998 (1st S.S.), ch. 10, § 2; 2005, ch. 110, § 6; 2015, ch. 125, § 1.
ANNOTATIONS
Cross references.
— For taxation generally,
see
Chapter 7 NMSA 1978.
For tax administration,
see
7-1-1 to 7-1-82 NMSA 1978.
For oil and gas taxation,
see
7-29-1 to 7-34-9 NMSA 1978.
For property taxes,
see
7-35-1 to 7-38-93 NMSA 1978.
For executive cabinet,
see
9-1-3 NMSA 1978.
For motor transportation division of department of public safety,
see
9-19-4 NMSA 1978.
For motor transportation and motor vehicle laws falling under jurisdiction of the taxation and revenue department,
see
65-1-1 to 66-8-141 NMSA 1978.
Repeals.
— Laws 2015, ch. 125, § 2 repealed Laws 2005, ch. 108, § 5, effective June 19, 2015.
The 2015 amendment,
effective June 19, 2015, added the tax fraud investigations division to the taxation and revenue department; in the introductory sentence of the section, after "limited to", deleted "six" and added "seven"; and added a new Subsection D and redesignated the succeeding subsections accordingly.
The 2005 amendment,
effective June 17, 2005, deleted the former provision that the department shall consist of an administrative services division and four program divisions; and added the administrative services division and the information technology division.
The 1998 amendment,
effective July 1, 1998, deleted former Subsection E, which read: "the motor transportation division.", and made minor related and stylistic changes.
Powers of the motor vehicle division.
— By agreement, the motor vehicle division can designate motor transportation division inspectors to enforce the Motor Vehicle Code against noncommercial vehicles. 1992 Op. Att'y Gen. No. 92-02.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What is a property tax as distinguished from excise, license and other taxes, 103 A.L.R. 18.
Rights, in absence of express statute, of one governmental unit, or officers thereof, to compensation for collecting or disbursing special taxes or assessments levied by or owed to another governmental unit, 114 A.L.R. 1098.
81A C.J.S. States § 133.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-5 - Secretary of taxation and revenue; appointment.

A. The chief executive and administrative officer of the department is the "secretary of taxation and revenue." The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold that office at the pleasure of the governor and shall serve in the executive cabinet.
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:
1978 Comp., § 9-11-5, enacted by Laws 1977, ch. 249, § 6.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 249, § 69 made Laws 1977, ch. 249, § 6 effective March 31, 1978.
Cross references.
— For executive cabinet,
see
9-1-3 NMSA 1978.
For exemption of secretary from the Personnel Act,
see
9-11-10 NMSA 1978.
For appointing and removal power of governor,
see
N.M. Const., art V, § 5.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-6.1 - Additional powers of secretary.

In addition to the powers granted to the secretary in Section 9-11-6 NMSA 1978, the secretary is authorized to set, by regulation, after notification to the legislative finance committee, fees to cover the expense of providing additional services for the convenience of the public. Any fee for a service adopted under this section shall not be charged to or payable by any person not taking advantage of the service. Amounts collected pursuant to this section are appropriated to the department to defray the expense of providing the service.
History:
1978 Comp., § 9-11-6.1, enacted by Laws 1990, ch. 70, § 1.
ANNOTATIONS
Effective dates.
— Laws 1990, ch. 70 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 16, 1990, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-6.3 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1999, ch. 176, § 2 repealed 9-11-6.3 NMSA 1978, as enacted by Laws 1995, ch. 31, § 4, relating to payment methods of any amount due the state under any law or program administered by the department, effective June 18, 1999. For provisions of former section,
see
the 1998 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
6-10-1.2 NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-6.4 - Electronic filing and payment.

A. The department is authorized to require where practical, in lieu of:
(1) the filing of paper documents, the filing by electronic or optical means of any return, application, report or other document required under any law or program administered by the department; and
(2) a paper check or cash payment, the remittance by electronic means of any payment required under any law or program administered by the department.
B. The department, using reasonable criteria, may require some classes of persons to file returns and remit payments electronically or optically while not so requiring others to file returns and remit payments in that manner. The date of filing or payment shall be the date the return, application, report, payment or other document is transmitted to the department in a form able to be processed.
History:
Laws 1995, ch. 31, § 5; 2021, ch. 65, § 37.
ANNOTATIONS
Cross references.
— For electronic authentication and substitution for signature,
see
14-3-15.2 NMSA 1978.
The 2021 amendment,
effective July 1, 2021, authorized the taxation and revenue department to mandate electronic payment of certain taxes; in the section heading, added "and payment"; in Subsection A, added new paragraph designation "(1)" and Paragraph A(2); and in Subsection B, after "persons to file", added "returns and remit payments", after "requiring others to file", added "returns and remit payments", after "date of filing", added "or payment", and after "report", added "payment".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1986, ch. 20, § 136A repealed 9-11-7 NMSA 1978, as enacted by Laws 1977, ch. 249, § 8, relating to exemption of certain subordinates' final decision-making authority from the authority of the secretary, effective July 1, 1986.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-8 - Division directors.

Each division in the department, whether established by law or order of the secretary, shall be headed by a "director." Directors shall be appointed by the secretary with the approval of the governor.
History:
1978 Comp., § 9-11-8, enacted by Laws 1977, ch. 249, § 9.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 249, § 69 made Laws 1977, ch. 249, § 9 effective March 31, 1978.
Cross references.
— For exemption of directors from the Personnel Act,
see
9-11-6B(10), 9-11-10 NMSA 1978.
For appointment of directors,
see
9-11-6B(10) NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-9 - Bureaus as organizational units.

The divisions of the department may have established within them organizational units to be known as "bureaus". Bureaus shall be headed by a "chief" appointed by the secretary.
History:
1978 Comp., § 9-11-9, enacted by Laws 1977, ch. 249, § 10.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 249, § 69 made Laws 1977, ch. 249, § 10 effective March 31, 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-10 - Personnel Act coverage.

All employment positions in the department, except for the positions of secretary and division director, are covered by and subject to the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]. The secretary is the appointing authority.
History:
1978 Comp., § 9-11-10, enacted by Laws 1977, ch. 249, § 11.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 249, § 69 made Laws 1977, ch. 249, § 11 effective March 31, 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-10.1 - Background investigations; duties; employees; condition of employment.

A. An employee of the department who has access to or who is assigned to perform work associated with driver's licenses shall submit to a background investigation as required by the secretary.
B. An applicant seeking employment with the department who may have access to or who may be assigned to perform work associated with driver's licenses shall submit to a background investigation as required by the secretary.
C. The secretary shall ensure that fingerprints as required for a national criminal history records search and state background investigation are provided by:
(1) an employee of the department who has access to or is assigned to perform work associated with driver's licenses; or
(2) an applicant seeking employment with the department who may have access to or who may be assigned to perform work associated with driver's licenses.
D. The information obtained in a background investigation shall be used only to determine if a person required to submit to a background investigation pursuant to this section has been convicted of a crime that has a direct impact on the ability of that person to meet federal requirements or to perform the specific duties assigned to that person. The secretary may determine not to continue to employ or not to initiate employment of a person whose criminal background investigation contains information that the person has been convicted of a crime that involved actions that:
(1) directly reflect on the person's ability to perform the specific duties of that person's position or proposed position; or
(2) would conflict with federal requirements.
E. Information obtained pursuant to a background investigation shall be confidential and shall only be used for determining the fitness of a person to remain or become employed with the department or to comply with federal requirements regarding employees who have access to or who may be assigned to perform work associated with driver's licenses.
History:
Laws 2007, ch. 319, § 66.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 319 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-11 - Legal adviser [advisor].

The attorney general is the legal adviser [advisor] to the secretary, but the secretary may employ other counsel and, in so doing, shall consult the attorney general.
History:
1978 Comp., § 9-11-11, enacted by Laws 1977, ch. 249, § 13.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 249, § 69 made Laws 1977, ch. 249, § 13 effective March 31, 1978.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 11 - Taxation and Revenue Department › Section 9-11-12 - Cooperative agreements among jurisdictions.

A. The secretary may enter into cooperative agreements with other states, the district [District] of Columbia or with any appropriate authority empowered to administer multistate cooperative agreements for the exchange of information, the reciprocal, joint or common enforcement and administration of revenue or transportation laws of the party jurisdictions or the reciprocal, joint or common collection, remittance and audit of revenues of the party jurisdictions.
B. Funds collected by the department on behalf of another jurisdiction in accordance with an agreement entered into pursuant to this section are not funds of this state and shall be collected and disbursed in accordance with the terms of the agreement, notwithstanding any other provision of law.
C. The secretary is empowered to promulgate such rules and regulations and to establish such procedures as the secretary deems appropriate for the collection and disbursement of funds due other party jurisdictions and for the receipt of funds collected by other party jurisdictions for the account of this state under the terms of a cooperative agreement entered into under the authority of this section.
History:
1978 Comp., § 9-11-12, enacted by Laws 1988, ch. 24, § 1.
ANNOTATIONS
Effective dates.
— Laws 1988, ch. 24, § 10 made Laws 1988, ch. 24, § 1 effective January 1, 1989.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.