reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 8 - Nuestra Senora del Rosario, San Fernando y Santiago Grant › Section 49-8-2 - Elections; right to vote.

A. On the first Monday of April of each alternate year, an election shall be held after the trustees have given at least seven days notice thereof by posting not less than five notices in conspicuous places within the grant, which shall include the post offices at Truchas, Cordova, formerly known as Quemado, and Chimayo. Except as provided in Chapter 49, Article 8 NMSA 1978, the election shall be conducted as nearly as practical in the same manner as provided in the Election Code [Chapter 1 NMSA 1978] for the conduct of general elections, provided that the board of trustees of the Nuestra Senora del Rosario, San Fernando y Santiago land grant and the secretary of the board shall perform the functions designated in that code for the county commission and the county clerk, respectively, and provided further that no registration shall be required. Official ballots for voting shall contain the names of not less than five owners of interests in the grant. The five persons receiving the highest number of votes shall be elected as trustees for the ensuing two years.
B. At all elections, every owner of an undivided interest in the grant shall be entitled to one vote. The trustees in charge of the election shall prepare from the best information obtainable a list of all owners of interest in the grant and shall deliver the list to their successors. Any person claiming to be the owner of an interest whose claim is not admitted by the trustees may file with them an oath in writing, stating that he is an owner and giving as fully as he can the chain of title to his interest. If his claim is substantiated by the oaths in writing of two owners of such interests, he shall be permitted to vote at the election.
History:
Laws 1909, ch. 52, § 2; Code 1915, § 863; C.S. 1929, § 29-802; 1941 Comp., § 9-802; 1953 Comp., § 8-8-2; Laws 1997, ch. 16, § 2.
ANNOTATIONS
Compiler's notes.
— This section first appeared in its present form in the 1915 Code. As originally enacted in 1909, it appointed three named individuals as commissioners to hold the first election of trustees and provided that a similar election be held in each succeeding year, on like notice and in like manner, at which the existing trustees should act as inspectors. The 1915 Code compilers deleted the temporary provisions and rephrased the portions thereof governing the manner of subsequent elections.
The 1997 amendment,
effective June 20, 1997, added the section heading and rewrote this section.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 8 - Nuestra Senora del Rosario, San Fernando y Santiago Grant › Section 49-8-3 - Officers; meeting; vacancies.

The members of the board of trustees so elected shall meet within one week after the election and organize by the election of a president, secretary and treasurer who shall perform such duties as may be required of them by the board. A majority of the board shall constitute a quorum for the transaction of business. All meetings of the board shall be open to all owners of interests in the grant, who shall have the right to be present and to be heard on all matters on which they may be interested. If a vacancy occurs in the board, the remaining members shall fill the vacancy by appointment until the next election. The board may make such rules as to its meetings and order of business as it deems proper.
History:
Laws 1909, ch. 52, § 3; Code 1915, § 864; C.S. 1929, § 29-803; 1941 Comp., § 9-803; 1953 Comp., § 8-8-3; Laws 1997, ch. 16, § 3.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading, inserted "trustees" following "board" at the beginning of the first sentence, substituted "deems proper" for "shall think proper" at the end of the last sentence and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 8 - Nuestra Senora del Rosario, San Fernando y Santiago Grant › Section 49-8-4 - Board of trustees; powers.

The board of trustees shall have the following general powers:
A. to control, care for and manage the common lands of the grant and all the property pertaining thereto, to prescribe the terms on which they may be used and to make all necessary and proper regulations for the government thereof;
B. to sue and be sued under the title set forth in Section 49-8-1 NMSA 1978;
C. to lease any portions of the common land or the pasturage thereon and to sell any timber, wood, stone, grass or other product or personal property of the grant;
D. to pay all taxes and other expenses due on the common land; and
E. in case the income exceeds the expenses, to expend the balance to benefit all the owners equitably or for improvements upon the common land that will be for the general benefit of the owners.
The board of trustees shall make a report in writing of its transactions during the preceding year, including an account of all money received and expended, at the opening of the annual meeting of the owners.
History:
Laws 1909, ch. 52, § 4; Code 1915, § 865; C.S. 1929, § 29-804; 1941 Comp., § 9-804; 1953 Comp., § 8-8-4; Laws 1997, ch. 16, § 4.
ANNOTATIONS
The 1997 amendment,
effective June 20, 1997, added the section heading, substituted "board of trustees" for "board" in the introductory paragraph, substituted "set forth in Section 49-8-1 NMSA 1978" for "aforesaid" at the end of Subsection B, substituted "to benefit all the owners equitably or for" for "in such" in Subsection E, substituted "board of trustees" for "board" at the beginning of the last paragraph, and deleted "of interests at the time of each annual election" at the end of that paragraph; and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-3 - [Application for deed; fee; survey of land; investigation; execution of deed.]

Any person, company or corporation desiring a deed or deeds from said city or trustees to any portion of said lands as aforesaid, shall make application to said city council in writing therefor by filing his or its application with the city clerk of said city, setting forth a description of the lands claimed by him or it, by lots, blocks, dimensions, boundaries and quantities, so that the same can be readily identified, and shall briefly set forth the nature of his or its title thereto, and the manner in which the same has been obtained, which application shall be signed and sworn to by the party or parties applying therefor; said application shall be accompanied by a fee of fifteen dollars ($15.00), which fee shall be all the fee required or collected from any such applicant: provided, that an applicant must, if required by the council of said city, cause the land claimed to be surveyed and the costs of making such survey shall be paid by the applicant. Said application when so made shall be by the mayor of said city referred to the city attorney, or some other attorney whom he may designate who shall investigate said application and if upon investigation such applicant appears to be entitled to a deed and no protest has been filed by the said city, or by any other person, for himself or on behalf of said city, against the granting of said deed as hereinafter provided, then the said attorney or attorneys shall, within thirty (30) days after the filing of said application and reference of the same to him, or them, prepare a deed in proper form covering the said land to the person, company or corporation entitled thereto, and shall make his report upon said application and deliver the said deed to the said city council, which may order the mayor and city clerk of said city to sign and execute said deed on behalf of said city and said cotrustee may also sign the same.
History:
Laws 1893, ch. 77, § 3; 1909, ch. 143, § 3; Code 1915, § 868; C.S. 1929, § 29-1003; 1941 Comp., § 9-903; 1953 Comp., § 8-9-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-4 - [Notice of application; publication; protest; time limit on application.]

When application shall be made, as herein provided, for a deed to any portion of the lands within the limits of such grant, the clerk of said city is hereby required, within ten (10) days after the receipt of such application, to publish a notice of the same in a newspaper published and of general circulation in said city in one issue of said newspaper, giving in said notice the name of the applicant and a description of the lands for which a deed is asked. Any person, or persons, either on behalf of themselves or on behalf of said city who claims an adverse interest in any part or portion of land or lands for which application for a deed, or deeds, is so made, shall have the right to file, at any time within thirty (30) days after the publication of such notice, a protest against the execution of a deed, or deeds, to the applicant or applicants for the land applied for, or such portion thereof in which he or they may claim an interest, which protest shall be in writing, setting forth the ground of his, or their, objection and a description of that portion of the land in which he, or they, for themselves, or for said city, claim an adverse interest, and shall be sworn to by at least one protestant and filed with the city clerk of said city: provided, that if said protest is filed on behalf of said city the same shall be signed and sworn to by at least ten (10) citizens of the said city who are the owners of real estate within said grant. And provided, further, that no deed shall be executed by either said city or said cotrustee under any such application, unless said application is filed with the said city clerk within five years from the 18th day of March, A.D. 1909, and all lands within the limits of said grant for which a deed has not been executed by said city, or for which application has not been made within said five years, shall be the property of said city of Socorro.
History:
Laws 1893, ch. 77, § 4; 1909, ch. 143, § 4; 1912, ch. 60, § 1; Code 1915, § 869; C.S. 1929, § 29-1004; 1941 Comp., § 9-904; 1953 Comp., § 8-9-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-5 - [Protests; institution of suit; adjustment of controversy.]

The individual, company or corporation filing said protest shall be required to follow the same with a proper proceeding in law or in equity, instituted in the proper district court of said county in which said city is located, against the said party or parties applying for said deed or deeds to said land to test the question as to who is the owner of said land and entitled to the deed therefor from said trustees: provided, that if said protest shall be filed by said citizens on behalf of said city as aforesaid, then said city and trustees shall institute and prosecute said suit in the name and on behalf of and at the expense of said city. Said suit or proceeding shall be instituted by the party filing said protest within twenty days of the filing of said protest: provided, that if the party filing said protest is in possession of said land then the adverse party shall institute said suit within said time, and the city council and trustees of said city shall withhold the execution and delivery of any deed to either of said parties for any portion of said land so in controversy until such controversy shall be settled and the court shall determine as to who is rightfully entitled to the deed therefor from said city or town: provided, that parties to such controversy shall have the right to amicably adjust said controversy as to such land and upon such adjustment shall file a statement thereof with the city clerk, and upon such statement being filed the city council and trustees shall cause to be executed deed or deeds to the parties as may be agreed upon between them and shown in such adjustment so filed.
History:
Laws 1893, ch. 77, § 5; Code 1915, § 870; C.S. 1929, § 29-1005; 1941 Comp., § 9-905; 1953 Comp., § 8-9-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-7 - [Distribution of fees.]

Out of the fifteen dollars ($15.00) which shall be paid by any applicant for a deed as hereinbefore provided, to the city clerk, the said city clerk shall receive on [one] dollar ($1.00) for his services. The attorney, or attorneys, to which such application is referred shall receive ten dollars ($10.00) and the publisher of the newspaper, in which the notice herein provided for is published, shall receive four dollars ($4.00).
History:
Laws 1909, ch. 143, § 6; Code 1915, § 872; C.S. 1929, § 29-1007; 1941 Comp., § 9-907; 1953 Comp., § 8-9-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-8 - [Disposition of lands; ground rent; deeds; appraisal.]

As to all of said lands within the limits of said grant which are not owned in severalty by individuals, companies or corporations and which are in and by said decree of said court of private land claims decreed to belong to said city and cotrustee, in trust, for the benefit of the inhabitants of said grant, said city council and trustees shall have the power and authority to sell and dispose of said lands at public or private sale for the best possible price they can obtain for the same, which said sales of said lands shall be duly advertised before said sales are made. Such city council and trustee shall have the right to sell and dispose of said lands or lease or rent the same or any part thereof in such parcels and in such portions and in such manner and upon such terms as the city council of such city may deem best, and shall have the right to sell and dispose of the same for cash or on credit and may provide for perpetual ground rent in the way of interest for any unpaid purchase money and may make titles forfeitable for nonpayment of such ground rents in such manner and upon such terms as it may think most conducive to the benefit and advantage of the inhabitants of said grant, and shall make and execute and deliver all necessary deeds in the premises: provided, that the said land and no portion thereof shall be sold as above provided until said lands so offered for sale shall first be appraised by three disinterested property owners resident on said grant, appointed by said city council, at its full cash value: and provided, that no sale shall be made unless the said land so sold shall bring at such sale at least two-thirds of such appraised value.
History:
Laws 1893, ch. 77, § 8; Code 1915, § 873; C.S. 1929, § 29-1008; 1941 Comp., § 9-908; 1953 Comp., § 8-9-8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-9 - [Disposition of proceeds of land sales.]

All proceeds realized on the sale of said lands so made as aforesaid shall be appropriated to pay off the bonded indebtedness of the city of Socorro or for public improvements within the limits of said grant as may be determined by the city council of said city.
History:
Laws 1893, ch. 77, § 9; Code 1915, § 874; Laws 1921, ch. 130, § 1; C.S. 1929, § 29-1009; 1941 Comp., § 9-909; 1953 Comp., § 8-9-9.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-10 - [Ordinances for enforcement of act.]

The city council of said city is hereby authorized and empowered to enact and pass all ordinances, rules and regulations necessary to enable said city, with the aid of its cotrustee, to carry out and fully perform all the duties and powers herein by this act granted to said city.
History:
Laws 1893, ch. 77, § 10; Code 1915, § 875; C.S. 1929, § 29-1010; 1941 Comp., § 9-910; 1953 Comp., § 8-9-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act" referred to Laws 1893, ch. 77, §§ 1 to 11, compiled as 49-9-1 to 49-9-6, 49-9-8 to 49-9-10, 49-9-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-11 - [Attorney's fees; method of payment.]

It is hereby made the duty of the mayor and city clerk to ascertain the amount of indebtedness outstanding on account of attorney's fees for services rendered in behalf of securing title to the land grant of such city and certify such indebtedness to the city treasurer, who shall register the same in his books, giving the description and form of such indebtedness; if in bonds, the number, the amount, rate of interest, when due and date of issue. The mayor and city clerk shall endorse on such evidences of indebtedness issued in payment of attorney's fees, hereinbefore mentioned, the following:
"The within evidence of indebtedness has been issued in payment of attorney's fees for services rendered in behalf of securing title for land grants for the city of Socorro."
Such evidence of indebtedness shall constitute a preference claim against the said city and a lien upon its lands and the city treasurer is hereby required upon presentation of such evidence of indebtedness so certified in whatever form the same may be, to pay the interest or principal when due out of any moneys on hand, except the water interest funds, and said city is hereby authorized to sell any portion of its lands and apply the proceeds thereof to the payment of the indebtedness hereinbefore mentioned.
History:
Laws 1909, ch. 143, § 8; Code 1915, § 876; C.S. 1929, § 29-1011; 1941 Comp., § 9-911; 1953 Comp., § 8-9-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 9 - Socorro Grant › Section 49-9-12 - [Application of article.]

This article is intended to apply to the grant of land heretofore made and confirmed to the city of Socorro and Candelario Garcia, trustee, and to none other.
History:
Laws 1893, ch. 77, § 11; Code 1915, § 877; C.S. 1929, § 29-1012; 1941 Comp., § 9-912; 1953 Comp., § 8-9-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— For meaning of "this article,"
see
the compiler's notes to 49-9-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 10 - Tecolote Grant (Repealed.) › Section 49-10-1 - Repealed.

History:
Laws 1903, ch. 77, § 1; Code 1915, § 878; C.S. 1929, § 29-1101; 1941 Comp., § 9-1001; 1953 Comp., § 8-10-1; repealed by Laws 2013, ch. 83, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 83, § 2 repealed 49-10-1 NMSA, as enacted by 1903, ch. 77, § 1, relating to management by board of trustees and corporate powers, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 10 - Tecolote Grant (Repealed.) › Section 49-10-2 - Repealed.

History:
Laws 1903, ch. 77, § 2; Code 1915, § 879; C.S. 1929, § 29-1102; 1941 Comp., § 9-1002; 1953 Comp., § 8-10-2; repealed by Laws 2013, ch. 83, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 83, § 2 repealed 49-10-2 NMSA, as enacted by Laws 1903, ch. 77, § 2, relating to qualifications of trustees, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 10 - Tecolote Grant (Repealed.) › Section 49-10-3 - Repealed.

History:
Laws 1903, ch. 77, § 3; Code 1915, § 880; C.S. 1929, § 29-1103; 1941 Comp., § 9-1003; 1953 Comp., § 8-10-3; repealed by Laws 2013, ch. 83, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 83, § 2 repealed 49-10-3 NMSA, as enacted by Laws 1903, ch. 77, § 3, relating to election of trustees, qualifications of electors, canvass and notice of election, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 10 - Tecolote Grant (Repealed.) › Section 49-10-4 - Repealed.

History:
Laws 1903, ch. 77, § 4; Code 1915, § 881; C.S. 1929, § 29-1104; 1941 Comp., § 9-1004; 1953 Comp., § 8-10-4; repealed by Laws 2013, ch. 83, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 83, § 2 repealed 49-10-4 NMSA, as enacted by Laws 1903, ch. 77, § 4, relating to selection of officers, bond of secretary-treasurer and duties, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 10 - Tecolote Grant (Repealed.) › Section 49-10-5 - Repealed.

History:
Laws 1903, ch. 77, § 5; Code 1915, § 882; Laws 1927, ch. 107, § 1; C.S. 1929, § 29-1105; 1941 Comp., § 9-1005; 1953 Comp., § 8-10-5; Laws 1971, ch. 300, § 1; repealed by Laws 2013, ch. 83, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 83, § 2 repealed 49-10-5 NMSA, as enacted by Laws 1903, ch. 77, § 5, relating to powers of trustees and limitations on real property transfer, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 10 - Tecolote Grant (Repealed.) › Section 49-10-6 - Repealed.

History:
Laws 1903, ch. 77, § 6; Code 1915, § 883; C.S. 1929, § 29-1106; 1941 Comp., § 9-1006; 1953 Comp., § 8-10-6; repealed by Laws 2013, ch. 83, § 2.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 83, § 2 repealed 49-10-6 NMSA, as enacted by Laws 1903, ch. 77, § 6, relating to meetings of trustees, compensation and expenses, effective June 14, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 11 - Land Grant Support › Section 49-11-1 - Short title.

This act [49-11-1 to 49-11-5 NMSA 1978] may be cited as the "Land Grant Support Act".
History:
Laws 2009, ch. 94, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 94 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 11 - Land Grant Support › Section 49-11-2 - Definitions.

As used in the Land Grant Support Act:
A. "council" means the land grant council; and
B. "land grant" means a patented community land grant-merced organized and operating as a political subdivision of the state.
History:
Laws 2009, ch. 94, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 94 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 11 - Land Grant Support › Section 49-11-3 - Land grant council; purpose.

A. The "land grant council" is created and is administratively attached to the department of finance and administration. The general purposes of the council are to establish a land grant support program to provide advice and assistance to land grants and to serve as a liaison between land grants and the federal, state and local governments.
B. The council shall consist of five members appointed by the governor from the boards of directors of land grants for staggered terms of four years, with two members of the initial council selected by lot to serve an initial term of two years.
C. The council may hire staff and contract for services to carry out the purposes of the Land Grant Support Act.
D. The council shall appoint a chairperson and may appoint such other officers as it deems necessary.
E. The council shall meet at least quarterly. Meetings of the council shall be called by the chairperson of the council or at the request of at least three members of the council.
F. Members of the council are entitled to receive per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
Laws 2009, ch. 94, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 94 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 11 - Land Grant Support › Section 49-11-4 - Land grant support program; council director powers and duties.

A. The council, through its staff or contract agents, may apply for and accept any public or private grants, gifts or donations for the benefit of the land grant support program, the council or land grants in general or particular.
B. The council, through its staff or contract agents, may:
(1) assist land grants in all areas of land grant fiscal and programmatic management, including planning, economic development and infrastructure development;
(2) establish cooperative purchasing capabilities for land grants;
(3) perform special studies and undertake surveys of interest to land grants and report the findings;
(4) serve as fiscal agent and administrator for federal and state grants-in-aid and other funding for a land grant when necessary;
(5) facilitate or enter into agreements with state and federal agencies on behalf of land grants;
(6) enter into contracts to carry out the purposes of the Land Grant Support Act; and
(7) provide other assistance to land grants.
C. The council, through its staff or contract agents, shall:
(1) facilitate the exchange of experience and advice among land grants;
(2) serve as a liaison between land grants and federal, state and local agencies;
(3) promote cooperation between land grants and, by consultation and advice, assist in the coordination of land grant programs;
(4) provide board development opportunities and technical assistance to the governing boards of land grants;
(5) provide short- and long-range planning assistance to land grants;
(6) conduct training sessions for land grants on topics of interest, such as:
(a) local, state and national zoning trends and concerns and other land-use issues;
(b) state requirements for political subdivisions on such topics as open meetings, public records, procurement, risk management, tort claims and financial accountability;
(c) techniques of historical research;
(d) grant writing;
(e) economic development strategies; and
(f) rangeland management and water conservation;
(7) disseminate information to relevant federal, state and local agencies on land grant issues and activities and, when requested, on the status of individual land grants;
(8) develop and promote federal legislation for an appropriate congressional response to longstanding community land grant claims in New Mexico; and
(9) review state and federal policies, plans and legislation affecting land grants in New Mexico.
History:
Laws 2009, ch. 94, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 94 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 49 - Land Grants › Article 11 - Land Grant Support › Section 49-11-5 - Report to governor and legislature.

The council shall report to the governor and the legislature by December 1 of each year on the state of land grants in New Mexico and the activities of the council for that year.
History:
Laws 2009, ch. 94, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 94 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
Compiler's notes.
— Laws 2009, ch. 94, § 6, effective June 19, 2009, provided that the unexpended balance of the general fund appropriation to the department of finance and administration in Subsection 8 of Section 50 of Chapter 92 of Laws 2008 for land grant facilities and infrastructure projects related to water, wastewater, communications and roads statewide shall not be expended for the original purpose but is appropriated to the following agencies in the following amounts for expenditure in fiscal years 2009 through 2011 for the following purposes:
A. to the department of finance and administration, fifty thousand dollars ($50,000) to provide technical assistance to land grants; and
B. to the land grant council, one hundred fifty thousand dollars ($150,000) to carry out the duties imposed by and the purposes of the Land Grant Support Act.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-1 - Commission created; selection, term and qualifications of members.

A. There is created a three-member "labor and industrial commission." The governor shall appoint two members with the consent of the senate who shall hold office at the pleasure of the governor for terms of four years. One member appointed by the governor shall be a person who, on account of his previous vocation, employment or affiliation can be classed as a representative of employers and the other member appointed by the governor shall be a person who, on account of his previous vocation, employment or affiliation, can be classed as a representative of employees. The third member shall be appointed by the other two members and shall hold office at the pleasure of the appointing members for a term of four years. The third member shall be a person who, on account of his previous vocation, employment or affiliation, cannot be classed as a representative of employers or employees. Not more than two members of the commission shall belong to the same political party. If a vacancy occurs in a position appointed by the governor between sessions of the legislature the position shall be filled by the governor. A person appointed by the governor to fill a vacancy on the commission between sessions shall serve until the next regular legislative session. The governor shall designate a chairman of the commission.
B. Members of the commission shall receive per diem and mileage pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1978 Comp., § 50-1-1, enacted by Laws 1979, ch. 204, § 3.
ANNOTATIONS
Repeals.
— Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.
Repeals and reenactments.
— Laws 1977, ch. 252, § 26, repealed 59-1-1, 1953 Comp., relating to creation of the labor and industrial commission and the selection, term and qualifications of its members, and enacted a former 50-1-1 NMSA 1978.
Laws 1979, ch. 204, § 3, repealed former 50-1-1 NMSA 1978, relating to definitions of "labor and industrial commission" and "labor commissioner," and enacted a new section.
Compiler's notes.
— The labor and industrial commission is administratively attached to the Workforce Solutions Department.
See
9-26-7 NMSA 1978.
Wage collection authority.
— This article and article 4 of this chapter do not specifically provide the division with the authority to issue judgments or warrants for the collection of wages due; rather, these statutes simply allow the division to prosecute a wage collection action in magistrate court or district court if it determines that an employee's wage claim is "valid and enforceable."
Southworth v. Santa Fe Servs., Inc.
, 1998-NMCA-109, 125 N.M. 489, 963 P.2d 566.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— Employer's duty to furnish information regarding financial status to employees' representative under National Labor Relations Act, 106 A.L.R. Fed. 694.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-1.2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 342, § 34 repealed 50-1-1.1 and 50-1-1.2 NMSA 1978, as enacted by Laws 1979, ch. 204, §§ 4, 5 relating to the appointment and term and the seal of the labor commissioner, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-1.3 - Oath of commission members and commissioners[; bond of commissioner].

The members of the labor and industrial commission shall before entering upon the duties of their respective offices take an oath for the faithful discharge of those duties.
History:
1978 Comp., § 50-1-1.3, enacted by Laws 1979, ch. 204, § 6; 1987, ch. 342, § 26.
ANNOTATIONS
Repeals.
— Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.
Compiler's notes.
— The provisions regarding bond of the commissioner, referred to in the catchline, were deleted in the amendment by Laws 1987, ch. 342, § 26.
The 1987 amendment,
effective July 1, 1987, deleted "and the labor commissioner" following "commission" and deleted the former second sentence which read "The labor commissioner shall give bond as provided in the Surety Bond Act".
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-1.4 - Meetings of labor and industrial commission; chairman; functions.

A. It shall be the duty of the labor and industrial commission to meet at the call of the chairman; provided, however, that any two members may petition the chairman to call a meeting, and the chairman shall thereupon set a date for the meeting not to exceed five days from receipt of the petition.
B. The commission shall receive reports from the secretary and act in an advisory capacity to the secretary in the enforcement of labor legislation.
History:
1978 Comp., § 50-1-1.4, enacted by Laws 1979, ch. 204, § 7; 1987, ch. 342, § 27.
ANNOTATIONS
Repeals.
— Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.
The 1987 amendment,
effective July 1, 1987, designated the two paragraphs as Subsections A and B, and, in Subsection B, substituted "from the secretary" for "from the labor commissioner" and "to the secretary" for "to the governor".
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-1.5 - Repealed.

History:
1978 Comp., § 50-1-1.5, enacted by Laws 1979, ch. 204, § 8; repealed by Laws 2007, ch. 200, § 24.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 200, § 24 repealed 50-1-1.5 NMSA 1978, as enacted by Laws 1979, ch. 204, § 8, relating to the office of the labor commissioner, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-1.6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 342, § 34 repealed 50-1-1.6 NMSA 1978, as enacted by Laws 1979, ch. 204, § 9, relating to the powers and duties of the labor commissioner, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-4 - [Annual report of director of the labor and industrial division; contents.]

The commissioner [director of the labor and industrial division] shall collect, systematize and present in annual reports to the governor statistical details relating to his office and especially as bearing upon the commercial, social and sanitary conditions of the employees, the means of escape from dangers incident to their employment; the protection of life and health in factory or other places of employment; the labor of women and children and the hours of labor exacted from them and in general all matters which tend to affect the prosperity of the mechanical, manufacturing and productive industries of this state and of the persons employed therein.
History:
Laws 1931, ch. 9, § 10; 1941 Comp., § 57-110; 1953 Comp., § 59-1-10.
ANNOTATIONS
Repeals.
— Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes.
— Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor".
Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department".
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-6 - [Free employment agency.]

The labor commissioner [director of the labor and industrial division] may, if deemed necessary, maintain and operate a free employment agency for the purpose of supplying labor to all branches of industry.
History:
Laws 1931, ch. 9, § 12; 1941 Comp., § 57-112; 1953 Comp., § 59-1-12.
ANNOTATIONS
Repeals.
— Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes.
— Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor".
Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department."
Cross references.
— For public employment agencies,
see
50-8-1, 50-8-2 and 51-1-33 NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-7 - Reporting violations of labor and industrial laws.

It is the duty of the director of the labor and industrial division of the labor department to report to the district attorney of the district in which such violations occur, any violation of labor and industrial laws of New Mexico, and it is the duty of the district attorneys of the several districts, upon the complaint of the director, to prosecute all violations of law which may be reported to the district attorney by the director.
History:
Laws 1931, ch. 9, § 13; 1941 Comp., § 57-113; 1953 Comp., § 59-1-13; Laws 1977, ch. 252, § 27; 1989, ch. 49, § 1.
ANNOTATIONS
Repeals.
— Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.
Compiler's notes.
— Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor".
Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department".
The 1989 amendment,
effective June 16, 1989, substituted "director of the labor and industrial division of the labor department" for "labor commissioner", deleted "except violations of the state child labor law, which shall be reported to the children and youth services bureau of the social services division of the human services department" following "New Mexico", and made minor stylistic changes.
Aimed at enforcement.
— The language of Sections 50-1-3, 50-1-5 NMSA 1978 and this section is aimed at enforcement of existing law rather than the making of new law by way of regulation. 1964 Op. Att'y Gen. No. 64-61.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-7.1 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 342, § 34 repealed 50-1-7.1 NMSA 1978, as enacted by Laws 1979, ch. 204, § 10, relating to report of operations and expenses of the labor commissioner's office, effective July 1, 1987.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-8 - [Occupations exempted from act.]

None of the provisions of this act [50-1-2 to 50-1-7, 50-1-8 NMSA 1978] shall apply to the industries of agriculture or stock raising, or to any labor employed in connection therewith, or to labor exclusively employed in domestic service.
History:
Laws 1931, ch. 9, § 15; 1941 Comp., § 57-115; 1953 Comp., § 59-1-15.
ANNOTATIONS
Repeals.
— Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Who are "agricultural laborers" exempt from coverage of National Labor Relations Act § 2(3) (29 USCS § 152(3)), 130 A.L.R. Fed. 1
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 1 - Labor and Industrial Commission › Section 50-1-9 - Repealed.

History:
Laws 1987, ch. 333, § 2; 1993, ch. 83, § 1; 2000, ch. 4, § 4; 2005, ch. 208, § 2; repealed by Laws 2007, ch. 200, § 24.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, as enacted by Laws 1987, ch. 333, § 2, effective July 1, 2007. Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 2 - Corrupt and Coercive Practices › Section 50-2-3 - [Gift to representative of labor organization to influence action; solicitation; acceptance; penalty.]

A. It shall be unlawful:
(1) for any person to give or offer to give any money, property or other thing of value to any representative of a labor organization, with the intent to influence him with respect to any of his acts, decisions or other duties as such representative, or to induce him to prevent or cause a strike by the employees of any person; or
(2) for any representative of a labor organization to solicit or accept or agree to accept from any person any money, property or other thing of value upon any agreement or understanding, express or implied, that he shall be influenced with respect to any of his acts, or decisions or other duties as such representative, or upon any agreement or understanding, express or implied, that he shall refrain from causing or shall prevent a strike or work stoppage or picket line or any form of injury to any business.
B. Any person who violates any of the provisions of this section shall upon conviction thereof be guilty of a misdemeanor and be subject to a fine of not more than $500.00 or to imprisonment of not more than 30 days, or both.
History:
1953 Comp., § 59-13-3, enacted by Laws 1959, ch. 26, § 3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
51A C.J.S. Labor Relations §§ 336, 337; 51B C.J.S. Labor Relations § 1343.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 2 - Corrupt and Coercive Practices › Section 50-2-4 - Promise concerning union membership.

A. Every promise between any employee or prospective employee and his employer, prospective employer or any other person is contrary to public policy if either party thereto promises any of the following:
(1) not to join or not to remain a member of a labor organization or of an employer organization; or
(2) to withdraw from an employment relation in the event that he joins or remains a member of a labor organization or of an employer organization.
B. Such promise shall not afford any basis for the granting of legal or equitable relief by any court against a party to such promise, or against any other persons who, without fraud, violence or threat thereof, advise such party to act in disregard of such promise.
C. The term "promise" includes promise, undertaking, contract or agreement, whether written or oral, express or implied.
D. Any person who coerces or compels any person to enter into an agreement, written or verbal, not to join or become a member of any labor organization, as a condition of securing employment or continuing in the employment of any such person is guilty of a misdemeanor.
History:
1953 Comp., § 59-13-4, enacted by Laws 1967, ch. 241, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Liability, under statute, of labor union or its membership for torts committed in connection with primary labor activities - state cases, 85 A.L.R.4th 979.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-3 - Joint adventurers.

None of the provisions of this act [50-4-1 to 50-4-12 NMSA 1978] shall apply to cases where an agreement is entered into between the employer and the employee at the time of hiring, providing that the employee, as part of his wages or compensation, shall have an interest in the success of the particular work or enterprise in connection with which the employee is hired. In all such cases the employer shall be subject to the provisions of this act only to the extent of that portion of the wages or compensation to be paid in cash, and as to the balance the employer and employee shall stand as joint adventurers.
History:
Laws 1937, ch. 109, § 3; 1941 Comp., § 57-303; 1953 Comp., § 59-3-3.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
46 Am. Jur. 2d Joint Ventures §§ 25, 57.
48A C.J.S. Joint Ventures § 1 et seq.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-5 - Employees quitting employment.

Whenever an employee (not having a written contract for a definite period) quits or resigns his employment, the wages or compensation shall become due and be payable at the next succeeding payday. Nothing in this section shall prohibit or restrict the right of the employer to make immediate payment at the time of quitting.
History:
Laws 1937, ch. 109, § 5; 1941 Comp., § 57-305; 1953 Comp., § 59-3-5.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48A Am. Jur. 2d Labor and Labor Relations § 4278.
Validity, construction, and effect of state laws requiring payment of wages on resignation of employee immediately or within specified period, 11 A.L.R.5th 715.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-6 - Industrial disputes.

In the event of the suspension of work as the result of an industrial dispute, the wages and compensation earned and unpaid at the time of such suspension shall become due and payable at the next payday as provided in Section 2 [50-4-2 NMSA 1978] of this act, including, without abatement or reduction, other than such deductions as may be required by law, or as may be specified in the contract of hiring, all amounts due to all persons whose work has been suspended as a result of such industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employee.
History:
Laws 1937, ch. 109, § 6; 1941 Comp., § 57-306; 1953 Comp., § 59-3-6.
ANNOTATIONS
Accrued leave and vacation pay included.
— The words "wages and compensation earned and unpaid" include accrued leave and vacation pay. 1962 Op. Att'y Gen. No. 62-69.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Reexhaustion of arbitration procedure as appropriate course for resolving backpay issues arising as a result of resolution of grievance, 59 A.L.R. Fed. 501.