reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 5 - Attorney General › Section 8-5-18 - Guadalupe Hidalgo treaty division.

A. The "Guadalupe Hidalgo treaty division" is created within the office of the attorney general. The division shall review, oversee and address concerns relating to the provisions of the Treaty of Guadalupe Hidalgo that have not been implemented or observed in the spirit of Article 2, Section 5 of the constitution of New Mexico and Section 47-1-25 NMSA 1978.
B. The division shall consist of such personnel and have such duties as the attorney general shall designate.
C. The attorney general shall report the findings and recommendations of the division to the legislature annually.
History:
Laws 2003, ch. 101, § 1; 2006, ch. 49, § 1.
ANNOTATIONS
Cross references.
— For the Treaty of Guadalupe Hidalgo,
see
the treaty of peace between the United States and Mexico published in Volume 1 of the NMSA 1978 and on
NMOneSource.com.
The 2006 amendment,
effective May 17, 2006, changed the requirement in Subsection C that the division report to the second session of the forth-sixth legislature to a requirement that the division report annually to the legislature.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 5 - Attorney General › Section 8-5-19 - Attorney general; authority to investigate and prosecute missing indigenous persons cases.

The attorney general shall assist, with the consent of an Indian nation, tribe or pueblo, with the investigation and prosecution of all missing persons cases in which one or more indigenous persons are reasonably believed to be victims pursuant to the Missing Persons Information and Reporting Act [Chapter 29, Article 15 NMSA 1978].
History:
Laws 2022, ch. 2, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2022, ch. 2, § 7 contained an emergency clause and was approved February 24, 2022.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 5 - Attorney General › Section 8-5-20 - Missing indigenous persons specialists; duties.

A. The position of "missing indigenous persons specialist" is created within the office of the attorney general.
B. The attorney general shall employ one or more missing indigenous persons specialists, who shall work in collaboration with local, state, federal and tribal law enforcement agencies on missing indigenous persons cases pursuant to the Missing Persons Information and Reporting Act [Chapter 29, Article 15 NMSA 1978].
C. The missing indigenous persons specialists shall:
(1) review entries in the database of the national crime information center of the United States department of justice and other databases, including the missing persons information clearinghouse, to ensure records of missing indigenous persons are accurate, complete and made in a timely fashion;
(2) collaborate with other state and international missing persons programs and the national center for missing and exploited children to aid in locating indigenous children who are unlawfully taken out of or unlawfully brought into New Mexico;
(3) provide public outreach and education on missing indigenous persons issues and the prevention of indigenous child abductions;
(4) provide support and technical assistance to law enforcement agencies regarding data collection, data sharing and the cooperative use of available resources;
(5) compile reports of pending missing indigenous persons cases, including the status of pending missing indigenous persons cases, the clearance rate of investigating agencies responsible for tracking missing indigenous persons cases and an analysis by year of the characteristics of missing indigenous persons;
(6) assist with alerts and advisories at the request of the department of public safety to assist in locating a missing indigenous person; and
(7) collaborate with the New Mexico law enforcement academy to facilitate training for law enforcement agencies related to missing indigenous persons cases.
History:
Laws 2022, ch. 2, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2022, ch. 2, § 7 contained an emergency clause and was approved February 24, 2022.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 5 - Attorney General › Section 8-5-21 - Partnership in Native American communities network grant program; created; purpose. (Repealed effective July 1, 2024.)

A. The "partnership in Native American communities network grant program" is created within the office of the attorney general. The purpose of the program is to create a network to support the efforts by the state's Indian nations, tribes and pueblos to identify, report and find Native Americans who are missing.
B. The "partnership in Native American communities network" shall be developed and operated by the office of the attorney general as an online portal with a database to securely upload information regarding missing indigenous persons.
C. The office of the attorney general shall award grants to create and administer the Native American communities network and develop the application and criteria for the grant program. The partnership in Native American communities network grant program criteria shall include:
(1) policies and standards for technology equipment, including data storage and security of information entered into the network;
(2) standards for data verification;
(3) job qualifications and requirements for a data specialist to administer the network; and
(4) development of a system to provide automatic initial alerts pursuant to law enforcement, tribal and community organizations when a missing indigenous person report is made.
D. The office of the attorney general may also award grants through the partnership in Native American communities network grant program to a qualifying tribal agency at each Indian nation, tribe and pueblo as matching funds for a tribal agency to create and maintain access to the partnership in Native American communities network.
History:
Laws 2022, ch. 2, § 3.
ANNOTATIONS
Delayed repeals.
— Laws 2022, ch. 2, § 6 repeals 8-5-21 NMSA 1978, effective July 1, 2024.
Emergency clauses.
— Laws 2022, ch. 2, § 7 contained an emergency clause and was approved February 24, 2022.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 5 - Attorney General › Section 8-5-22 - Partnership in Native American communities network grant fund; created. (Repealed effective July 1, 2024.)

The "partnership in Native American communities network grant fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. Money in the fund at the end of fiscal year 2024 shall revert to the consumer settlement fund of the office of the attorney general. The office of the attorney general shall administer the fund, and money in the fund is appropriated to the office of the attorney general to administer the partnership in Native American communities network grant program and to carry out the provisions of Section 3 [8-5-21 NMSA 1978] of this 2022 act. Disbursements from the fund shall be made by warrant signed by the secretary of finance and administration pursuant to vouchers signed by the attorney general or the attorney general's authorized representative.
History:
Laws 2022, ch. 2, § 4.
ANNOTATIONS
Delayed repeals.
— Laws 2022, ch. 2, § 6 repeals 8-5-22 NMSA 1978, effective July 1, 2024.
Emergency clauses.
— Laws 2022, ch. 2, § 7 contained an emergency clause and was approved February 24, 2022.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration › Section 8-6-1 - [Treasurer and auditor; offices; bonds.]

The state treasurer and the state auditor shall keep their offices at the seat of government of the state. They shall, before entering upon the discharge of their duties, respectively, execute, and deliver to the secretary of state a bond to the state in the sum of three hundred thousand dollars [($300,000)] for the treasurer, and twenty-five thousand dollars [($25,000)] for the auditor, with good and sufficient sureties to be approved by the governor and conditioned for the faithful discharge of the duties required or which may be required of them by law. The approval of the governor and the date thereof shall be endorsed on the bond.
History:
Laws 1851-1852, p. 169; C.L. 1865, ch. 102, § 10; C.L. 1884, § 1771; Laws 1891, ch. 27, § 1; C.L. 1897, § 2608; Laws 1905, ch. 69, § 1; Code 1915, § 5327; C.S. 1929, § 134-406; 1941 Comp., § 3-201; 1953 Comp., § 4-4-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For terms of office,
see
N.M. Const., art. V, § 1.
For members of the executive department generally,
see
N.M. Const., art. V, § 1.
For the qualifications for office,
see
N.M. Const., art. V, § 3.
For salaries of state officers,
see
N.M. Const., art. V, § 12 and 8-1-1 NMSA 1978.
For the amount of bond of state treasurer,
see
6-10-38 NMSA 1978.
For payment of accounts audited by board of trustees of supreme court law library,
see
18-1-6 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 Am. Jur. 2d States, Territories, and Dependencies §§ 64, 65, 77.
Statutory conditions prescribed for public officer's bond which does not in terms include them, or which expressly excludes them, 109 A.L.R. 501.
Liability of sureties on bond of public officer as affected by fact that it was not signed by him, 110 A.L.R. 959.
Public officer's bond as subject to forfeiture for malfeasance in office, 4 A.L.R.2d 1348.
81A C.J.S. States § 127.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration › Section 8-6-2 - Seal of state treasurer.

There is adopted an official seal of the treasurer of the state of New Mexico.
The seal shall be in substantially the following form:
The seal above has not been amended or altered in any way.
The seal shall contain the words "Treasurer of the State of New Mexico" running clockwise around the upper portion of the outer edge, and the date "1912" on the lower part of the outer edge, running from left to right; and there shall be in the center a Mexican eagle grasping a serpent in its beak, the cactus in its talons, shielded by the American eagle with outspread wings, and grasping arrows in its talons; and a key under the eagles. When the state treasurer shall hereafter be required to seal any documents or instruments, he shall use the official seal as adopted by this section.
History:
1953 Comp., § 4-4-2, enacted by Laws 1967, ch. 103, § 1.
ANNOTATIONS
Compiler's notes.
— Laws 1967, ch. 103, § 1, enacted a new 4-4-2, 1953 Comp., which replaced former 4-4-2, 1953 Comp., (Laws 1851-1852, p. 169; C.L. 1865, ch. 102, § 11; C.L. 1884, § 1761; C.L. 1897, § 2591; Code 1915, § 5333; C.S. 1929, § 134-601; 1941 Comp., § 3-202), prescribing duties of auditor, which was repealed by Laws 1957, ch. 252, § 16.
Cross references.
— For the keeping of the seal at the seat of government,
see
N.M. Const., art. V, § 1.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration › Section 8-6-3 - Duties of treasurer; receipts.

The state treasurer shall receive and keep all money of the state except when otherwise specially provided; disburse the public money upon warrants drawn according to law and not otherwise; keep a just, true and comprehensive account of all money received and disbursed; render the state treasurer's accounts to the financial control division of the department of finance and administration annually, or more often if required; and report to the legislature, at the commencement of each regular session, a detailed statement of the condition of the treasury. The state treasury shall grant duplicate receipts for all money paid into the treasury, and the person receiving the duplicate receipts shall record the entry in the centralized accounting system administered by the department of finance and administration.
History:
Laws 1851-1852, p. 170; C.L. 1865, ch. 102, § 14; C.L. 1884, § 1769; C.L. 1897, § 2602; Code 1915, § 5322; C.S. 1929, § 134-401; 1941 Comp., § 3-204; 1953 Comp., § 4-4-4; Laws 1957, ch. 252, § 12; 2011, ch. 88, § 3.
ANNOTATIONS
Cross references.
— For the keeping of public records, books and papers at seat of government,
see
N.M. Const., art. V, § 1.
For the investment of special road fund balances,
see
6-10-12, 6-10-13 NMSA 1978.
For the appointment of a deputy treasurer,
see
6-10-38 NMSA 1978.
For the penalty for receiving consideration for placing deposit,
see
6-10-40 NMSA 1978.
For signing checks for state funds,
see
6-10-58 NMSA 1978.
For the application of federal forest reserve funds,
see
6-11-2 NMSA 1978.
For the penalty for misapplication of federal forest reserve funds,
see
6-11-4 NMSA 1978.
For authorization to borrow to pay interest on bonds,
see
6-12-1, 6-12-2 NMSA 1978.
For the authority to purchase bonds authorized by fifteenth legislature,
see
6-12-3 NMSA 1978.
For refunding bonds generally,
see
6-12-6 NMSA 1978 et seq.
The 2011 amendment,
effective July 1, 2011, required persons who receive duplicate receipts for funds paid into the state treasury to record the entry in the centralized accounting system administered by the department of finance and administration.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 Am. Jur. 2d States, Territories, and Dependencies §§ 64, 77.
81A C.J.S. States § 135.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration › Section 8-6-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 265, § 62, repealed 8-6-5 NMSA 1978, as enacted by Laws 1921, ch. 124, § 1, relating to registration of bonds and debentures by treasurer, effective April 7, 1983.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration › Section 8-6-6 - [Malfeasance and neglect of duty by auditor or treasurer.]

If the auditor or treasurer shall wilfully [willfully] neglect or refuse to perform any duty enjoined by law, or shall be guilty of any oppression or extortion in the performance of any legal duty, or shall receive any fee or reward for the performance of any legal duty not allowed by law, or by color of his office shall knowingly do any act not authorized by law, or in any other manner than is required by law, he shall, upon conviction upon indictment, be adjudged guilty of a misdemeanor in office and be fined any sum not exceeding one thousand dollars [($1,000)]. The state or any person injured, in the name of the state, may sue, either before or after an indictment found, upon the bonds of the auditor and treasurer, for any damages suffered by reason of any of the acts of the auditor or treasurer in this section mentioned.
History:
Laws 1851, p. 170; C.L. 1865, ch. 102, § 15; C.L. 1884, § 1772; C.L. 1897, § 2609; Code 1915, § 5341; C.S. 1929, § 134-609; 1941 Comp., § 3-222; 1953 Comp., § 4-4-21.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Public officer's bond as subject to forfeiture for malfeasance in office, 4 A.L.R.2d 1348.
81A C.J.S. States §§ 127 to 129.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 6 - State Auditor, Treasurer and Secretary of Finance and Administration › Section 8-6-7 - Wrongful drawing or payment of warrant by secretary or treasurer; penalty.

A. If the secretary of finance and administration draws any warrant on the state treasurer when he knows or, with the use of available accounting information, should reasonably know there is an insufficient unexpended and unencumbered balance available for the purpose for which the warrant is drawn, he is in violation of this section unless the warrant will be redeemed using receivables accrued for that fiscal year pursuant to policies of the department of finance and administration.
B. If the state treasurer pays any warrant when he knows or, with the use of available accounting information, should reasonably know there are insufficient funds available in the treasury for the purpose to pay the warrant, he is in violation of this section unless the warrant will be redeemed using receivables accrued for that fiscal year pursuant to policies of the department of finance and administration.
C. A violation of this section is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.
History:
1978 Comp., § 8-6-7, enacted by Laws 1987, ch. 183, § 1; 1993, ch. 105, § 4; 2003, ch. 273, § 16.
ANNOTATIONS
Repeals and reenactments.
— Laws 1987, ch. 183, § 1 repealed former 8-6-7 NMSA 1978, as amended by Laws 1977, ch. 247, § 15, and enacted a new section, effective June 19, 1987.
The 2003 amendment,
effective July 1, 2003, in Subsection A, substituted "is" for "shall be" following "is drawn, he", inserted "unless the warrant will be redeemed using receivables accrued for that fiscal year pursuant to policies of the department of finance and administration" at the end; in Subsection B, substituted "is" for "shall be" following "the warrant, he", substituted "will be redeemed using receivables accrued for that fiscal year pursuant to policies of the department of finance and administration" for "includes federal funds that will be receipted based upon established warrant-clearing patterns" at the end; in Subsection C, substituted "is" for "shall be" following "of this section", and substituted "or both" for "by both such fine and imprisonment in the discretion of the judge" at the end.
The 1993 amendment,
effective June 18, 1993, added the language beginning "unless" at the end of Subsection B.
Generally.
— If the auditor of the territory (now secretary of finance and administration) drew any warrant on the treasurer of the territory when there was no money in the treasury in the particular fund for which such warrant was drawn, he was liable to fine of not less than $1,000 and imprisonment for not less than one year and summary removal from office by the governor.
Garcia v. Territory ex rel. Bursum
, 1900-NMSC-006, 10 N.M. 43, 61 P. 207.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
81A C.J.S. States § 129.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 7 - Public Regulation Commission Apportionments › Section 8-7-1 - Repealed.

History:
Laws 1997, ch. 262, § 1; repealed by Laws 2020, ch. 9, § 60.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 9, § 60 repealed 8-7-1 NMSA 1978, as enacted by Laws 1997, ch. 262, § 1, relating to short title, effective January 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 7 - Public Regulation Commission Apportionments › Section 8-7-2 - Repealed.

History:
Laws 1997, ch. 262, § 2; repealed by Laws 2020, ch. 9, § 60.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 9, § 60 repealed 8-7-2 NMSA 1978, as enacted by Laws 1997, ch. 262, § 2, relating to membership, effective January 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 7 - Public Regulation Commission Apportionments › Section 8-7-3 - Repealed.

History:
Laws 1997, ch. 262, § 3; repealed by Laws 2020, ch. 9, § 60.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 9, § 60 repealed 8-7-3 NMSA 1978, as enacted by Laws 1997, ch. 262, § 3, relating to residence, effective January 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 7 - Public Regulation Commission Apportionments › Section 8-7-4 - Repealed.

History:
Laws 1997, ch. 262, § 4; 2001 (1st S.S.), ch. 3, § 1; repealed by Laws 2020, ch. 9, § 60.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 9, § 60 repealed 8-7-4 NMSA 1978, as enacted by Laws 1997, ch. 262, § 4, relating to election, vacancy, effective January 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 7 - Public Regulation Commission Apportionments › Section 8-7-5 - Repealed.

History:
Laws 1997, ch. 262, § 5; 2001 (1st S.S.), ch. 3, § 2; repealed by Laws 2020, ch. 9, § 60.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 9, § 60 repealed 8-7-5 NMSA 1978, as enacted by Laws 1997, ch. 262, § 5, relating to precincts, effective January 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 7 - Public Regulation Commission Apportionments › Section 8-7-6 to 8-7-10 - Unconstitutional.

History:
1978 Comp., § 8-7-6, enacted by Laws 2001 (1st S.S.), ch. 3, § 3.
ANNOTATIONS
Compiler's notes.
— The public regulation commission districts set forth in Sections 8-7-6 through 8-7-10 NMSA 1978, were held to be malapportioned and therefore unconstitutional in
Egolf v. Duran
, D-101-CV-2011-02942 (1st Jud. Dist. January 25, 2012). The redistricting plan embodied in Section 8-7-12 NMSA 1978 was adopted by that court.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 7 - Public Regulation Commission Apportionments › Section 8-7-11 - Repealed.

History:
1978 Comp., § 8-7-11, enacted by Laws 2001 (1st S.S.), ch. 3, § 8; repealed by Laws 2020, ch. 9, § 60.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 9, § 60 repealed 8-7-11 NMSA 1978, as enacted by Laws 2001 (1st S.S.), ch. 3, § 8, relating to election of public regulation commissioners, effective January 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-1 - Recompiled.

History:
Laws 1998, ch. 108, § 1; 2007, ch. 161, § 1; § 8-8-1, recompiled and amended as § 62-19-1 by Laws 2020, ch. 9, § 15.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 15 recompiled and amended former 8-8-1 NMSA 1978 as 62-19-1 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-2 - Recompiled.

History:
Laws 1998, ch. 108, § 2; § 8-8-2, recompiled and amended as § 62-19-2 by Laws 2020, ch. 9, § 16.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 16 recompiled and amended former 8-8-2 NMSA 1978 as 62-19-2 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-3 - Recompiled.

History:
Laws 1998, ch. 108, § 3; § 8-8-3, recompiled and amended as § 62-19-3 by Laws 2020, ch. 9, § 17.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 17 recompiled and amended former 8-8-3 NMSA 1978 as 62-19-3 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-3.1 - Recompiled.

History:
Laws 2013, ch. 64, § 1; 2019, ch. 212, § 210; § 8-8-3.1, recompiled and amended as § 62-19-5 by Laws 2020, ch. 9, § 19.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 19 recompiled and amended former 8-8-3.1 NMSA 1978 as 62-19-5 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-3.2 - Recompiled.

History:
Laws 2013, ch. 64, § 2; § 8-8-3.2, recompiled and amended as § 62-19-6 by Laws 2020, ch. 9, § 20.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 20 recompiled and amended former 8-8-3.2 NMSA 1978 as 62-19-6 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-4 - Recompiled.

History:
Laws 1998, ch. 108, § 4; § 8-8-4, recompiled as § 62-19-9 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-4 NMSA 1978 as 62-19-9 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-4.1 - Recompiled.

History:
Laws 2009, ch. 216, § 1; § 8-8-4.1, recompiled as § 62-19-10 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-4.1 NMSA 1978 as 62-19-10 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-5 - Recompiled.

History:
Laws 1998, ch. 108, § 5; 2000, ch. 57, § 1; 2013, ch. 74, §1; § 8-8-5, recompiled as § 62-19-11 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-5 NMSA 1978 as 62-19-11 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-6 - Recompiled.

History:
Laws 1998, ch. 108, § 6; 2007, ch. 161, § 2; 2013, ch. 74, § 2; 2020, ch. 9, § 21; § 8-8-6, recompiled as § 62-19-12 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-6 NMSA 1978 as 62-19-12 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-7 - Recompiled.

History:
Laws 1998, ch. 108, § 7; 2001, ch. 245, § 1; 2013, ch. 75, § 10; § 8-8-7, recompiled as § 62-19-13 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-7 NMSA 1978 as 62-19-13 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-8 - Recompiled.

History:
Laws 1998, ch. 108, § 8; § 8-8-8, recompiled as § 62-19-14 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-8 NMSA 1978 as 62-19-14 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-9 - Repealed.

History:
Laws 1998, ch. 108, § 9; 2007, ch. 161, § 3; repealed by Laws 2013, ch. 74, § 40.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 74, § 40 repealed 8-8-9 NMSA 1978, as enacted by Laws 1998, ch. 108, § 9, relating to the insurance division, effective March 29, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-9.1 - Recompiled.

History:
Laws 2001, ch. 80, § 1; recompiled by Laws 2020, ch. 9, § 57.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 57 recompiled former 8-8-9.1 NMSA 1978 as 59A-52-14.1 NMSA 1978, effective July 1, 2021.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-9.2 - Recompiled.

History:
Laws 2003, ch. 235, § 3; recompiled by Laws 2007, ch. 282, § 14.
ANNOTATIONS
Recompilations.
— Laws 2007, ch. 282, § 14 recompiled former 8-8-9.2 NMSA 1978 as 59A-2-9.5 NMSA 1978, effective June 15, 2007.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-9.3 - Repealed.

History:
Laws 2007, ch. 161, § 4; repealed by Laws 2020, ch. 9, § 61.
ANNOTATIONS
Repeals.
— Laws 2020, ch. 9, § 61 repealed 8-8-9.3 NMSA 1978, as enacted by Laws 2007, ch. 161, § 4, relating to fire marshal division, effective July 1, 2021. For provisions of former section,
see
the 2020 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-10 - Recompiled.

History:
Laws 1998, ch. 108, § 10; § 8-8-10, recompiled as § 62-19-15 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-10 NMSA 1978 as 62-19-15 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-11 - Recompiled.

History:
Laws 1998, ch. 108, § 11; § 8-8-11; recompiled as § 62-19-16 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-11 NMSA 1978 as 62-19-16 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-12 - Recompiled.

History:
Laws 1998, ch. 108, § 12; 2003, ch. 346, § 1; § 8-8-12, recompiled as § 62-19-17 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-12 NMSA 1978 as 62-19-17 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-12.1 - Recompiled.

History:
Laws 2000, ch. 100, § 1; 2000, ch. 102, § 1; § 8-8-12.1, recompiled as § 62-19-18 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-12.1 NMSA 1978 as 62-19-18 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-13 - Recompiled.

History:
Laws 1998, ch. 108, § 13; § 8-8-13, recompiled as § 62-19-19 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-13 NMSA 1978 as 62-19-19 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-14 - Recompiled.

History:
Laws 1998, ch. 108, § 14; 2003, ch. 346, § 2; 2013, ch. 74, § 3; § 8-8-14, recompiled as § 62-19-20 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-14 NMSA 1978 as 62-19-20 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-15 - Recompiled.

History:
Laws 1998, ch. 108, § 15; 2001, ch. 117, § 1; § 8-8-15, recompiled as § 62-19-21 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-15 NMSA 1978 as 62-19-21 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-16 - Recompiled.

History:
Laws 1998, ch. 108, § 16; § 8-8-16, recompiled as § 62-19-22 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-16 NMSA 1978 as 62-19-22 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-17 - Recompiled.

History:
Laws 1998, ch. 108, § 17; 2003, ch. 346, § 3; 2004, ch. 81, § 1; § 8-8-17, recompiled as § 62-19-23 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-17 NMSA 1978 as 62-19-23 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-18 - Recompiled.

History:
Laws 1998, ch. 108, § 18; § 8-8-18, recompiled and amended as § 62-19-7 by Laws 2020, ch. 9, § 22.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 22 recompiled former 8-8-18 NMSA 1978 as 62-19-7 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-19 - Recompiled.

History:
Laws 1998, ch. 108, § 19; § 8-8-19, recompiled and amended as § 62-19-8 by Laws 2020, ch. 9, § 23.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 23 recompiled and amended former 8-8-19 NMSA 1978 as 62-19-8 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-20 - Recompiled.

History:
Laws 1998, ch. 108, § 20; § 8-8-20, recompiled and amended as 62-19-24 by Laws 2020, ch. 9, § 59.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 9, § 59 recompiled former 8-8-20 NMSA 1978 as 62-19-24 NMSA 1978, effective January 1, 2023.
2023 New Mexico Statutes › Chapter 8 - Elected Officials › Article 8 - Public Regulation Commission › Section 8-8-21 - Repealed.

History:
1998, ch. 108, § 80; repealed by Laws 2013, ch. 75, § 53.
ANNOTATIONS
Repeals.
— Laws 2013, ch. 75, § 53 repealed 8-8-21 NMSA 1978, as enacted by 1998, ch. 108, § 80, relating to temporary provisions and transfers, effective July 1, 2013. For provisions of former section,
see
the 2012 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-1 - Short title.

This act [9-1-1 to 9-1-10 NMSA 1978] may be cited as the "Executive Reorganization Act".
History:
1953 Comp., § 4-29B-1, enacted by Laws 1977, ch. 248, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Cross references.
— For constitutional provisions relating to executive department,
see
N.M. Const., art. V, §§ 1 to 16.
For elected officials generally,
see
Chapter 8 NMSA 1978.
For public officers and employees generally,
see
Chapter 10 NMSA 1978.
For the Sunset Act,
see
12-9-11 to 12-9-21 NMSA 1978.
For the State Rules Act,
see
Chapter 14, Article 4 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States § 35.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-2 - Purpose of act.

The purpose of the Executive Reorganization Act is to allow for more efficient management of the executive branch by creating an executive cabinet composed of secretaries of departments; to eliminate overlapping and duplication of effort; and to provide for administrative and budgetary controls within this organizational structure. It is also the intent of the legislature to provide for an orderly transfer of powers, duties and functions of the various state agencies to such departments with a minimum of disruption of governmental services and functions and with a minimum expense; and to this end, the governor shall begin immediately making such studies and preparations and taking such actions as are necessary to implement the provisions of all reorganization legislation enacted by the first session of the thirty-third legislature.
History:
1953 Comp., § 4-29B-2, enacted by Laws 1977, ch. 248, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Compiler's notes.
— The reorganization laws enacted by the first regular session of the thirty-third legislature are Laws 1977, chs. 245 to 258.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-3 - Cabinet created; members; powers and duties.

A. There is created the "executive cabinet" headed by the governor and consisting of, but not limited to, the lieutenant governor, and the secretaries of such departments as are hereafter created and designated as "cabinet departments" pursuant to law.
B. The cabinet shall:
(1) advise the governor on problems of state government;
(2) establish liaison and provide communication between the executive departments and state elected officials;
(3) investigate problems of public policy;
(4) study government performance and recommend methods of interagency cooperation;
(5) review policy problems and recommend solutions;
(6) strive to minimize and eliminate overlapping jurisdictions and conflicts within the executive branch; and
(7) assist the governor in defining policies and programs to make the government responsive to the needs of the people.
C. The governor shall call meetings of the cabinet at his pleasure and shall seek the advice of the cabinet members.
History:
1953 Comp., § 4-29B-3, enacted by Laws 1977, ch. 248, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States §§ 82, 141.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-4 - Cabinet departments; structure.

A. Except as otherwise provided by law for its internal structure, the executive branch shall adhere to the following standard terms:
(1) the principal unit of the executive branch is a "department," headed by a "secretary," who shall be appointed by the governor with the consent of the senate and who shall serve at his pleasure;
(2) the principal unit of a department is a "division," headed by a "director," who shall be appointed by the secretary with the approval of the governor and who shall serve at the secretary's pleasure;
(3) the principal unit of a division is a "bureau," headed by a "chief," who is employed by the secretary and who is covered by, and subject to, the provisions of the Personnel Act [Chapter 10, Article 9 NMSA 1978]; and
(4) the principal unit of a bureau is a "section," headed by a "supervisor," who is employed by the secretary and who is covered by, and subject to, the provisions of the Personnel Act.
B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment.
History:
1953 Comp., § 4-29B-4, enacted by Laws 1977, ch. 248, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Cross references.
— For governor's appointive and removal power,
see
N.M. Const., art. V, § 5.
Sections not in conflict with Personnel Act in defining exempt positions.
— In defining exempt positions only for the secretary and division heads of the health and environment department (now department of health and department of environment), this section and 9-7-6B(9) NMSA 1978 are not in conflict with the Personnel Act [Chapter 10, Article 9 NMSA 1978] nor are they controlling with respect to the number of exempt positions authorized for the health and environment department. 1980 Op. Att'y Gen. No. 80-38.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-6 - Adjunct agencies.

"Adjunct agencies" are those agencies, boards, commissions, offices or other instrumentalities of the executive branch, not assigned to the elected constitutional officers, which are excluded from any direct or administrative attachment to a department, which retain policymaking and administrative autonomy separate from any other instrumentality of state government.
History:
1953 Comp., § 4-29B-6, enacted by Laws 1977, ch. 248, § 6.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States §§ 141, 142.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-7 - Administratively attached agency; relationships.

A. An agency attached to a department for administrative purposes only shall:
(1) exercise its functions independently of the department and without approval or control of the department;
(2) submit its budgetary requests through the department; and
(3) submit reports required of it by law or by the governor through the department.
B. The department to which an agency is attached for administrative purposes only shall:
(1) provide, if mutually agreed, the budgeting, record-keeping and related administrative and clerical assistance to the agency; and
(2) include the agency's budgetary requests, as submitted and without changes, in the departmental budget.
C. Unless otherwise provided by law, the agency shall hire its own personnel in accordance with the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
1953 Comp., § 4-29B-7, enacted by Laws 1977, ch. 248, § 7.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Cross references.
— For state budgets,
see
6-3-1 to 6-3-25 NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-8 - Creation of agencies; prohibition.

Unless otherwise provided by law, neither a department secretary nor any other employee of the executive branch of state government, or any agency, may, by administrative action, create an agency, board, commission or any other entity of state government. This section shall not apply to:
A. advisory committees created in accordance with Section 9 [9-1-9 NMSA 1978] of the Executive Reorganization Act; and
B. units within the internal structure of a department established under Subsection A of Section 4 [9-1-4 NMSA 1978] of the Executive Reorganization Act.
History:
1953 Comp., § 4-29B-8, enacted by Laws 1977, ch. 248, § 8.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Cross references.
— For governor's power of appointment and removal,
see
N.M. Const., art. V, § 5.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-9 - Creation of advisory committees; who may create; filing; applications; composition; life span; title; quorom [quorum]; compensation.

A. Advisory committees may be created. Advisory shall mean furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements, and shall not extend to administering a program or function or setting policy unless specified by law.
B. The governor or a department secretary, with approval of the governor, may create advisory committees.
C. Each creating authority must file with the governor and the secretary of finance and administration a record of the advisory committee created, showing the committee's:
(1) name;
(2) composition;
(3) appointed members' names and addresses; and
(4) purpose and term of existence.
D. The secretary of each department created by the Executive Reorganization Act shall, upon the effective date of the Executive Reorganization Act, file a record of each advisory committee within the department not abolished. Upon the filing of such a record, the provisions of this section shall apply to each such advisory committee.
E. The creating authority shall prescribe the composition and functions of each advisory committee created; appoint its members, who shall serve at the pleasure of the creating authority; and specify a date when the existence of each advisory committee ends.
F. No advisory committee may be created to remain in existence longer than two years after the date of its creation or beyond the period required to receive federal or private funds, whichever occurs later, unless extended by executive order of the governor. If the existence of an advisory committee is extended, the extension shall not be for more than two years.
G. Each advisory committee created under this section shall be known as the " ......... advisory committee."
H. A majority of the membership of an advisory committee shall constitute a quorum.
I. Each member of an advisory committee may receive compensation for travel and per diem expenses incurred in the performance of their duties within budgeted amounts and in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History:
1953 Comp., § 4-29B-9, enacted by Laws 1977, ch. 248, § 9.
ANNOTATIONS
Compiler's notes.
— The effective date of Laws 1977, ch. 248, the Executive Reorganization Act, was April 7, 1977.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For governor's power of appointment and removal,
see
N.M. Const., art. V, § 5.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-10 - Reorganization plan; no abatement of actions.

No suit, action or other proceeding lawfully commenced by or against the head of any agency or other officer of the state, in his official capacity or in relation to the discharge of his duties, shall abate by reason of the taking effect of any reorganization plan under the provisions of the Executive Reorganization Act. The district courts may, on motion or supplemental petition filed at any time within twelve months after the reorganization plan takes effect, showing a necessity for a survival of the unit [suit], action or other proceeding to obtain a settlement of the questions involved, allow the same to be maintained by or against the successor of such head of agency or officer of the state under the reorganization effected by the plan or, if there is no successor, against such agency or officer as the governor shall designate.
History:
1953 Comp., § 4-29B-10, enacted by Laws 1977, ch. 248, § 10.
ANNOTATIONS
Emergency clauses.
— Laws 1977, ch. 248, § 14 contained an emergency clause and was approved April 7, 1977.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For substitution of successor to public officer as party,
see
Rule 1-025D NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States § 320.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-11 - Merger; executive order.

Upon order issued by the governor, the department of finance and administration and the educational finance and cultural affairs department shall be merged. Their various divisions, boards and commissions may be then grouped in an orderly fashion and given such powers and such autonomy as the governor may set out in such reorganization.
History:
Laws 1979, ch. 205, § 1.
ANNOTATIONS
Effective dates.
— Laws 1979, ch. 205 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective April 2, 1979, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 1 - Executive Reorganization › Section 9-1-12 - Preservation of powers of policy-making boards.

All policy-making boards and commissions within the two departments shall retain at least the amount of autonomy and control they possess under present law.
History:
Laws 1979, ch. 205, § 3.
ANNOTATIONS
Effective dates.
— Laws 1979, ch. 205 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective April 2, 1979, 90 days after the adjournment of the legislature.