reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-4 - Procedures for issuing state citations.

A. When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to a person whose home state is another participating state in the same manner as if the person were a resident of the issuing state and shall not require the person to post collateral to secure appearance, subject to the exceptions set forth in Subsection B of this section; provided that the wildlife officer receives the personal recognizance of the person that he will comply with the terms of the citation.
B. Personal recognizance is acceptable:
(1) if not prohibited by local law or the compact manual; and
(2) if the violator provides adequate proof of identification to the wildlife officer.
C. Upon conviction or failure of a person to comply with the terms of a citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the issuing state. The report shall be made in accordance with procedures specified by the issuing state and shall contain information as specified in the compact manual as minimum requirements for effective processing by the home state.
D. Upon receipt of the report of a conviction or noncompliance pursuant to Subsection C of this section, the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and with the content as prescribed in the compact manual.
History:
Laws 2001, ch. 101, § 4.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-5 - Procedure for home state.

A. Upon receipt of a report from the licensing authority of an issuing state reporting the failure of a person to comply with the terms of a citation, the licensing authority of the home state shall:
(1) notify the person;
(2) initiate a suspension action in accordance with the home state's suspension procedures; and
(3) suspend the person's license privileges until satisfactory evidence of compliance with the terms of the citation has been furnished by the issuing state to the home state licensing authority.
B. Due process safeguards shall be accorded to alleged violators.
C. Upon receipt of a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall enter the conviction as though it occurred in the home state for the purposes of the suspension of license privileges.
D. The licensing authority of the home state shall:
(1) maintain a record of actions taken; and
(2) make reports to issuing states as provided in the compact manual.
History:
Laws 2001, ch. 101, § 5.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-6 - Reciprocal recognition of suspension.

A. A participating state shall recognize the suspension of license privileges of a person by another participating state as though the violation resulting in the suspension:
(1) had occurred in the home state; and
(2) could have been the basis of the suspension of license privileges in the home state.
B. A participating state shall communicate suspension information to other participating states in the form and with the content as contained in the compact manual.
History:
Laws 2001, ch. 101, § 6.
ANNOTATIONS
"Revocation" and "suspension" construed.
— Where the New Mexico department of game and fish (department) denied respondent's application for a New Mexico outfitter's license pursuant to 17-2A-3(C)(2) NMSA 1978, which precludes an individual from working as a registered outfitter if the person has had a guide or outfitter license revoked in another state, and where the district court reversed the decision of the department, finding that the department applied an inapplicable section of 17-2A-3 NMSA 1978 and violated the Interstate Wildlife Violator Compact, 11-16-1 to -12 NMSA 1978, the district court did not err in reversing the department's decision, because the evidence in this case established that the actions of the Arizona commission on which the department relied to deny respondent a license are akin to a suspension, rather than a revocation, and therefore the department erroneously applied 17-2A-3(C)(2) NMSA 1978. An applicant whose license has been taken away for a specified period of time or until the applicant comes into compliance with the requirements established by game and fish is subject to the provision of 17-2A-3(C)(3) NMSA 1978.
N.M. Dep't of Game & Fish v. Rawlings
, 2019-NMCA-018.
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-7 - Applicability of other laws.

Except as expressly required by provisions of the Wildlife Violator Compact, nothing herein shall be construed to affect the right of a participating state to apply its laws relating to license privileges to a person or circumstance or to invalidate or prevent an agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.
History:
Laws 2001, ch. 101, § 7.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-8 - Compact administrator procedures.

A. A board of compact administrators is established to:
(1) administer the provisions of this compact; and
(2) serve as a governing body for the resolution of all matters relating to the operation of the Wildlife Violator Compact.
B. The board shall be composed of one representative, to be known as the "compact administrator", from each of the participating states.
C. A compact administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state he represents.
D. A compact administrator may provide for the discharge of his duties and the performance of his functions by an alternate.
E. An alternate shall not be entitled to serve unless written notification of his identity has been given to the board of compact administrators.
F. Each member of the board of compact administrators shall be entitled to one vote.
G. An action of the board of compact administrators shall not be binding unless taken at a meeting at which a majority of the total number of the board's votes are cast in favor thereof.
H. Action by the board of compact administrators shall be taken only at a meeting at which a majority of the participating states are represented.
I. The board of compact administrators shall elect annually from its membership a chairman and vice chairman.
J. The board of compact administrators shall adopt bylaws not inconsistent with the provisions of the Wildlife Violator Compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.
K. The board of compact administrators may accept for its purposes and functions under the Wildlife Violator Compact donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States or a governmental agency, and may receive, use and dispose of the donations and grants.
L. The board of compact administrators may contract with, or accept services or personnel from, a governmental or intergovernmental agency, individual, firm, corporation or a private nonprofit organization or institution.
M. The board of compact administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of the Wildlife Violator Compact. All procedures and forms adopted pursuant to board action shall be contained in a compact manual.
History:
Laws 2001, ch. 101, § 8.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-9 - Entry into Wildlife Violator Compact and withdrawal.

A. The Wildlife Violator Compact shall become effective at the time it is adopted in substantially similar form by two or more states.
B. Entry into the Wildlife Violator Compact shall be made by resolution of ratification by the authorized officials of the applying state and submitted to the chairman of the board of compact administrators.
C. The resolution shall substantially be in the form and content as provided in the compact manual and shall include the following:
(1) a citation of the authority from which the state is empowered to become a party to the Wildlife Violator Compact;
(2) an agreement of compliance with the terms and provisions of this compact; and
(3) an agreement that compact entry is with all states participating in the Wildlife Violator Compact and with all additional states that legally become a party to the Wildlife Violator Compact.
D. The effective date of entry shall be specified by the applying state but shall not be less than sixty days after notice has been given to each participating state that the resolution from the applying state has been received:
(1) by the chairman of the board of compact administrators; or
(2) by the secretary of the board of compact administrators.
E. A participating state may withdraw from participation in the Wildlife Violator Compact by official written notice to each participating state, but withdrawal shall not become effective until ninety days after the notice of withdrawal is given. No withdrawal of any state shall affect the validity of the Wildlife Violator Compact as to the remaining participating states.
History:
Laws 2001, ch. 101, § 9.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-10 - Amendments to the Wildlife Violator Compact.

A. The Wildlife Violator Compact may be amended from time to time. Amendments shall be presented in resolution form to the chairman of the board of compact administrators and shall be initiated by one or more participating states.
B. Adoption of an amendment shall require endorsement by all participating states and shall become effective thirty days after the date of the last endorsement.
C. Failure of a participating state to respond to the chairman of the board of compact administrators within one hundred twenty days after receipt of a proposed amendment shall constitute endorsement thereof.
History:
Laws 2001, ch. 101, § 10.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-11 - Licensing authority; administrator; expenses.

A. The department of game and fish is designated as the licensing authority in New Mexico for the purposes of the Wildlife Violator Compact.
B. The director of the department of game and fish shall furnish to the appropriate authorities of the participating states any information or documents reasonably necessary to facilitate the administration of the Wildlife Violator Compact.
C. The compact administrator shall not be entitled to any additional compensation for his service as the compact administrator, but shall be entitled to expenses incurred in connection with his duties and responsibilities as compact administrator in the same manner as for expenses incurred in connection with other duties or responsibilities of his office or employment.
History:
Laws 2001, ch. 101, § 11.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 16 - Wildlife Violator Compact › Section 11-16-12 - Construction and severability.

A. The Wildlife Violator Compact shall be liberally construed so as to effectuate the purposes stated herein.
B. The provisions of the Wildlife Violator Compact shall be severable and if a phrase, clause, sentence or provision of that compact is declared to be contrary to the constitution of a participating state or of the United States, or the applicability thereof to a government, agency, individual or circumstance is held invalid, the validity of the remainder of the compact shall not be affected thereby.
C. If the Wildlife Violator Compact is held contrary to the constitution of a participating state, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the participating state affected regarding all severable matters.
History:
Laws 2001, ch. 101, § 12.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 101, § 13 made the Wildlife Violator Compact effective July 1, 2001.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 17 - Rights of Way Agreements with Navajo Nation › Section 11-17-1 - Legislative findings.

The legislature finds that:
A. due to the United States supreme court decision in
Strate v. A-1 Contractors
, there is uncertainty in the allocation of jurisdiction between the state and a tribe within rights of way granted to the state by a tribe, and all future road projects through tribal land are put in jeopardy of being postponed, delayed or left unresolved;
B. New Mexico has entered into agreements with the Navajo Nation through the state police and various counties to resolve issues of jurisdiction in law enforcement as well as many other areas;
C. New Mexico has traditionally negotiated right-of-way agreements for either a definite term or for the life of the highway;
D. the state land office has negotiated regarding easements permitted through state land, and the terms of those agreements are either for the life of the highway or for a fixed term that is not permitted to exceed thirty-five years;
E. the state highway and transportation department has negotiated and agreed to pay Indian nations for easements through Indian lands in the past;
F. New Mexico wants to foster and develop improved government-to-government relations between the Navajo Nation and the state; and
G. New Mexico desires to resolve the uncertainty presented by the
Strate
decision regarding jurisdiction within grants of rights of way by the Navajo Nation and to reconcile questions regarding the granting of rights of way through negotiation with the Navajo Nation.
History:
Laws 2001, ch. 210, § 1.
ANNOTATIONS
Compiler's notes.
—
Strate v. A-1 Contractors
, referred to in Subsections A and G, appears as 520 U.S. 438, 117 S. Ct. 1404, 137 L. Ed2d 661 (1997).
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 17 - Rights of Way Agreements with Navajo Nation › Section 11-17-2 - Agreements relating to jurisdiction on highways and rights of way through Navajo Nation tribal land.

The agencies of the state that are involved in constructing highways, providing law enforcement or providing emergency services along the state highways that cross over Navajo Nation land shall initiate negotiations with the Navajo Nation for the purpose of entering into cooperative agreements, if none exist, to provide for:
A. the coordination of law enforcement and emergency services required to ensure the health and safety of travelers on the state highways on rights of way granted to the state highway and transportation department by the Navajo Nation; and
B. the areas of shared jurisdiction between the various state agencies and the Navajo Nation, the areas of jurisdiction that are the sole responsibility of the state agency and the areas of jurisdiction that are the sole responsibility of the Navajo Nation regarding the provision of services in the rights of way granted to the state highway and transportation department by the Navajo Nation.
History:
Laws 2001, ch. 210, § 2.
ANNOTATIONS
Cross references.
— For state-financed Navajo Nation capital projects,
see
6-28-1 to 6-28-8 NMSA 1978.
For the Tribal Infrastructure Act,
see
6-29-1 to 6-29-9 NMSA 1978.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 18 - State-Tribal Collaboration Act › Section 11-18-1 - Short title.

This act may be cited as the "State-Tribal Collaboration Act".
History:
Laws 2009, ch. 15, § 1.
ANNOTATIONS
Emergency clauses.
— Laws 2009, ch. 15, § 7 contained an emergency clause and was approved March 19, 2009.
Severability.
— Laws 2009, ch. 15, § 6 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 18 - State-Tribal Collaboration Act › Section 11-18-2 - Definitions.

As used in the State-Tribal Collaboration Act:
A. "American Indian or Alaska Native" means:
(1) individuals who are members of any federally recognized Indian tribe, nation or pueblo;
(2) individuals who would meet the definition of "Indian" pursuant to 18 USC 1153; or
(3) individuals who have been deemed eligible for services and programs provided to American Indians and Alaska Natives by the United States public health service, the bureau of Indian affairs or other federal programs;
B. "Indian nation, tribe or pueblo" means any federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico; and
C. "state agency" means an agency, department or office of the state of New Mexico that is cabinet-level.
History:
Laws 2009, ch. 15, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 2009, ch. 15, § 7 contained an emergency clause and was approved March 19, 2009.
Severability.
— Laws 2009, ch. 15, § 6 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 18 - State-Tribal Collaboration Act › Section 11-18-3 - Collaboration with Indian nations, tribes or pueblos.

A. By December 31, 2009, every state agency shall develop and implement a policy that:
(1) promotes effective communication and collaboration between the state agency and Indian nations, tribes or pueblos;
(2) promotes positive government-to-government relations between the state and Indian nations, tribes or pueblos;
(3) promotes cultural competency in providing effective services to American Indians or Alaska Natives; and
(4) establishes a method for notifying employees of the state agency of the provisions of the State-Tribal Collaboration Act and the policy that the state agency adopts pursuant to this section.
B. In the process of developing the policy set forth in Subsection A of this section, state agencies shall consult with representatives designated by the Indian nations, tribes or pueblos.
C. A state agency shall make a reasonable effort to collaborate with Indian nations, tribes or pueblos in the development and implementation of policies, agreements and programs of the state agency that directly affect American Indians or Alaska Natives.
D. The Indian affairs department shall maintain for public reference an updated list of the names and contact information for the chief executives of the Indian nations, tribes or pueblos and for the state agency tribal liaisons.
E. Every state agency shall designate a tribal liaison, who reports directly to the office of the head of the state agency, to:
(1) assist the head of the state agency with developing and ensuring the implementation of the policy as set forth in Subsection A of this section;
(2) serve as a contact person who shall maintain ongoing communication between the state agency and affected Indian nations, tribes or pueblos; and
(3) ensure that training is provided to the staff of the state agency as set forth in Subsection B of Section 4 [11-18-4 NMSA 1978] of the State-Tribal Collaboration Act. Nothing in this subsection shall preclude tribal liaisons from providing or facilitating additional training.
History:
Laws 2009, ch. 15, § 3.
ANNOTATIONS
Emergency clauses.
— Laws 2009, ch. 15, § 7 contained an emergency clause and was approved March 19, 2009.
Severability.
— Laws 2009, ch. 15, § 6 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 18 - State-Tribal Collaboration Act › Section 11-18-4 - Annual summit; training of state employees; annual reports.

A. At least once a year, during the third quarter of the state's fiscal year, the governor shall meet with the leaders of Indian nations, tribes and pueblos in a state-tribal summit to address issues of mutual concern.
B. All state agency managers and employees who have ongoing communication with Indian nations, tribes or pueblos shall complete a training provided by the state personnel office with assistance from the Indian affairs department, which training supports:
(1) the promotion of effective communication and collaboration between state agencies and Indian nations, tribes or pueblos;
(2) the development of positive state-tribal government-to-government relations; and
(3) cultural competency in providing effective services to American Indians or Alaska Natives.
C. No later than July 31 of every year, a state agency shall submit a report to the Indian affairs department on the activities of the state agency pursuant to the State-Tribal Collaboration Act, and the Indian affairs department shall compile all such reports for submittal to the governor and to the legislature. The report shall include:
(1) the policy the state agency adopted pursuant to the State-Tribal Collaboration Act;
(2) the names of and contact information for the individuals in the state agency who are responsible for developing and implementing programs of the state agency that directly affect American Indians or Alaska Natives;
(3) the current and planned efforts of the state agency to implement the policy set forth in Subsection A of Section 3 [11-18-3 NMSA 1978] of the State-Tribal Collaboration Act;
(4) a certification by the state personnel office of the number of managers and employees of each state agency who have completed the training required by Subsection B of this section;
(5) a description of current and planned programs and services provided to or directly affecting American Indians or Alaska Natives and the amount of funding for each program; and
(6) the method the state agency established for notifying employees of the state agency of the provisions of the State-Tribal Collaboration Act.
History:
Laws 2009, ch. 15, § 4.
ANNOTATIONS
Emergency clauses.
— Laws 2009, ch. 15, § 7 contained an emergency clause and was approved March 19, 2009.
Severability.
— Laws 2009, ch. 15, § 6 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 18 - State-Tribal Collaboration Act › Section 11-18-5 - Right of action.

Nothing in the State-Tribal Collaboration Act creates a right of action against a state agency or a right of review of an action of a state agency.
History:
Laws 2009, ch. 15, § 5.
ANNOTATIONS
Emergency clauses.
— Laws 2009, ch. 15, § 7 contained an emergency clause and was approved March 19, 2009.
Severability.
— Laws 2009, ch. 15, § 6 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 20 - Interstate Mining Compact › Section 11-20-1 - Short title.

This act [11-20-1 to 11-20-4 NMSA 1978] may be cited as the "Interstate Mining Compact Act".
History:
Laws 2016, ch. 74, § 1.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 74 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 20 - Interstate Mining Compact › Section 11-20-2 - Membership.

A. The governor is authorized to participate in the Interstate Mining Compact as a member of the Interstate Mining Compact commission.
B. The governor may designate the secretary of energy, minerals and natural resources or the director of the mining and minerals division of the energy, minerals and natural resources department as the governor's alternate to the Interstate Mining Compact commission.
History:
Laws 2016, ch. 74, § 2.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 74 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 20 - Interstate Mining Compact › Section 11-20-3 - Limitations.

A. No provisions of the Interstate Mining Compact Act or any policies of the Interstate Mining Compact commission shall be construed to limit, repeal or supersede any law of the state of New Mexico.
B. The governor and the legislature or their designated agents shall have the right to inspect the books and accounts of the Interstate Mining Compact commission at any reasonable time while the state of New Mexico is a member.
C. The secretary of energy, minerals and natural resources shall file with the state records administrator a copy of the bylaws of the Interstate Mining Compact commission and any other compact documents required by Section 14-3-20 NMSA 1978.
History:
Laws 2016, ch. 74, § 3.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 74 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 11 - Intergovernmental Agreements and Authorities › Article 20 - Interstate Mining Compact › Section 11-20-4 - Expenses.

The secretary of energy, minerals and natural resources may pay annual membership dues to the Interstate Mining Compact commission out of fees collected under the Surface Mining Act [Chapter 69, Article 25A NMSA 1978] or from funds granted to the state by the federal office of surface mining reclamation and enforcement of the department of the interior.
History:
Laws 2016, ch. 74, § 4.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 74 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2016, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-2 - New Mexico compilation commission; creation.

The "New Mexico compilation commission" is created. The commission consists of the chief justice of the supreme court or a justice designated by the chief justice, who shall act as president of the commission; the clerk of the supreme court; the attorney general or a deputy or assistant attorney general designated by the attorney general; the dean of the university of New Mexico school of law or the dean's designee; the director of the legislative council service; and the president of the state bar of New Mexico or a bar commissioner designated by the president of the state bar of New Mexico.
History:
1941 Comp., § 1-120, enacted by Laws 1953, ch. 39, § 2; 1953 Comp., § 1-1-2; 2006, ch. 70, § 1; 2019, ch. 74, § 2.
ANNOTATIONS
The 2019 amendment,
effective May 3, 2019, changed the membership of the New Mexico compilation commission; and deleted "the state records administrator or the administrator's designee", and changed "New Mexico state bar association or a member of the state bar commissioners appointed by the president" to "state bar of New Mexico or a bar commissioner designated by the president of the state bar of New Mexico".
The 2006 amendment,
effective July 1, 2006, expanded the number of members of the commission to add the state records administrator or designee, the dean of the university of New Mexico school of law or designee, the director of the legislative council service and the president of the New Mexico state bar association or a member of the bar commission appointed by the president and authorized the appointment of designees by the chief justice and attorney general.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-4 - Repealed.

History:
1941 Comp., § 1-122, enacted by Laws 1953, ch. 39, § 4; 1953 Comp., § 1-1-4; Laws 1969, ch. 277, § 1; 1973, ch. 202, § 1; 1977, ch. 74, § 3; 1978, ch. 130, § 1; repealed by Laws 2019, ch. 74, § 10.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 74, § 10 repealed 12-1-4 NMSA 1978, as enacted by Laws 1953, ch. 39, § 4, relating to distribution, effective May 3, 2019. For provisions of former section,
see
the 2018 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-5 - New Mexico compilation fund; created.

The "New Mexico compilation fund" is created as a nonreverting fund in the state treasury. The fund consists of filing, licensing and other fees; gifts, grants and donations; appropriations; and any other money credited to the fund. The fund shall be administered by the New Mexico compilation commission, and money in the fund is appropriated to the commission to carry out the purposes of Chapter 12, Article 1 NMSA 1978. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the executive director of the commission or the executive director's authorized representative.
History:
1941 Comp., § 1-123, enacted by Laws 1953, ch. 39, § 5; 1953 Comp., § 1-1-5; 2019, ch. 74, § 5.
ANNOTATIONS
The 2019 amendment,
effective May 3, 2019, designated the New Mexico compilation fund as a nonreverting fund in the state treasury, provided that the fund consists of filing, licensing and other fees, gifts, grants, donations and appropriations, and provided that money in the fund is appropriated to the commission to carry out its duties; added the section heading; and deleted "There is hereby established in the state treasury a fund to be known as", and after "'New Mexico compilation fund'", added the remainder of the section.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-6 - Repealed.

History:
1941 Comp., § 1-124, enacted by Laws 1953, ch. 39, § 6; 1953 Comp., § 1-1-6; repealed by Laws 2019, ch. 74, § 10.
ANNOTATIONS
Repeals.
— Laws 2019, ch. 74, § 10 repealed 12-1-6 NMSA 1978, as enacted by Laws 1953, ch. 39, § 6, relating to compilation fund, contents, effective May 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-9 - Fee levy on actions filed.

Each district court clerk shall indicate the sum of twelve dollars ($12.00) from each civil case docket fee paid in the district court for credit to the New Mexico compilation fund, no part of which shall revert at the end of any fiscal year. Vouchers for expenditures from the fund shall be signed by the secretary of the New Mexico compilation commission.
History:
1978 Comp., § 12-1-9, enacted by Laws 1982, ch. 7, § 3.
ANNOTATIONS
Repeals and reenactments.
— Laws 1982, ch. 7, § 3, repealed former 12-1-9 NMSA 1978, relating to fee levy on actions filed, and enacted a new section.
Fee deemed tax, not cost.
— Charge levied under Laws 1929, ch. 135, § 10 (similar to this section), upon court actions, was a tax and not costs, and could not be awarded to the successful litigant, but had to be forwarded to the state treasurer. It referred to civil actions only. 1929 Op. Att'y Gen. No. 29-28.
Fee held an additional fee.
— The fee imposed by an earlier version of this section was held to be an additional fee to the basic filing fee in district court. 1957 Op. Att'y Gen. No. 57-135.
Fee included in filing fees for appeal to district courts.
— Under former law, the proper fee for filing appeals in the district court from civil cases in justice of the peace courts (now magistrate courts) included the fee specified in Section 34-6-40 NMSA 1978 and the fee specified in Section 12-1-9 NMSA 1978. 1970 Op. Att'y Gen. No. 70-65, 1964 Op. Att'y Gen. No. 64-50, 1961 Op. Att'y Gen. No. 61-74, 1961 Op. Att'y Gen. No. 61-105.
Appeals to which fee applicable.
— The compilation fund docket fee required by this section would be applicable to appeals from the municipal court to the district court. 1980 Op. Att'y Gen. No. 80-18; 1970 Op. Att'y Gen. No. 70-65.
When fee not collectable.
— The $1.25 (now $12) fee levied on civil actions "upon which a docket fee is now required to be paid" by this section's predecessor could not be collected in the following types of cases:
(1) free process cases;.
(2) suits by federal agencies upon which a docket fee is required to be paid;.
(3) tax petitions filed under Laws 1939, ch. 139, § 1 (since repealed), and approved by the district attorney;.
(4) tax petitions filed under Laws 1939, ch. 212 (72-7-30, 1953 Comp. since repealed); and.
(5) workmen's compensation cases.
It should be collected on all other civil actions docketed in district court including appeals from justice and probate courts. 1941 Op. Att'y Gen. No. 41-3927.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-10 - Applicability [of increased fee].

The increased fee levied by this act [12-1-9, 12-1-10 NMSA 1978] shall apply to all actions filed on or after July 1, 1967.
History:
1953 Comp., § 1-1-8.1, enacted by Laws 1967, ch. 222, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Appeals to which fee applicable.
— A docket fee is applicable to appeals from municipal court to district court only when brought from an action enforcing ordinances under Section 35-15-1 NMSA 1978 et seq.; moreover, the compilation fund docket fee required by Section 12-1-9 NMSA 1978 would be applicable to such actions as well. 1980 Op. Att'y Gen. No. 80-18.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-11 - Issuance of debentures.

The New Mexico compilation commission is authorized to anticipate the proceeds of the collection of any or all of the taxes or fees on civil actions hereinabove provided for by the issuance and sale of New Mexico compilation commission debentures, in such amounts not to exceed outstanding at any one time, the sum of two hundred thousand dollars ($200,000), issuable at such times and bearing such rate of interest, not exceeding four percent (4%) per annum, as the commission may determine. The debentures may be issued in serial form and shall mature at stated periods not exceeding ten (10) years from the date of issuance. The debentures shall be, signed by the president of the commission, attested by its secretary, countersigned by the treasurer of the state of New Mexico, and in such form as may be provided by the attorney general.
History:
1941 Comp., § 1-127, enacted by Laws 1953, ch. 39, § 10; 1953 Comp., § 1-1-10; Laws 1961, ch. 140, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-12 - [Sale of debentures.]

Said debentures shall be sold by the state treasurer to the highest bidder for cash at not less than par and accrued interest at such times and in such amounts as may be determined by the New Mexico compilation commission, after advertising the time and place of sale in such manner as the commission may determine. Provided, however, that said debentures or any part thereof may be sold by the state treasurer at any time at private sale without advertisement for not less than par and accrued interest. The state treasurer may, with the approval of the state board of finance, and other officials whose approval is required by law for investment of public funds, purchase any or all of such debentures at not less than par and accrued interest without the necessity of advertising or offering said debentures for public sale or after rejection of bids for all or part of any issue.
History:
1941 Comp., § 1-128, enacted by Laws 1953, ch. 39, § 11; 1953 Comp., § 1-1-11.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-13 - [Pledge of fees levied.]

The issuance and sale of such debentures shall constitute and be an irrevocable and irrepealable contract between the state of New Mexico and the owner of any said debentures, that the taxes or fees pledged for the payment thereof at the rate now provided by this act shall not be reduced as long as any of said debentures remain outstanding, and unpaid, and that the state will cause said taxes and fees to be promptly collected, remitted and set aside and applied to pay said debentures, and the interest thereon according to the terms thereof. Any holder of any of the debentures issued pursuant to the provisions of this act, or any person or officer being a party in interest may, either at law or in equity, by suit, action or mandamus, enforce and compel the performance of the duties required by this act of any officer or person herein mentioned.
History:
1941 Comp., § 1-129, enacted by Laws 1953, ch. 39, § 12; 1953 Comp., § 1-1-12.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Meaning of "this act".
— The words "this act" refer to Laws 1953, ch. 39, the compiled provisions of which appear as 12-1-2, 12-1-4 to 12-1-7, 12-1-11 to 12-1-14 NMSA 1978.
When all fees are within terms of contract and pledge.
— To the extent fees, or any portion thereof, are needed to carry out the provisions of § 1-1-12, (now Section 12-1-13 NMSA 1978) they are fees within the terms of the contract and pledge and hence reversion would not occur. 1958 Op. Att'y Gen. No. 58-134.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 1 - Compilation Commission › Section 12-1-14 - Proceeds from sale of debentures.

The proceeds of the sale of said debentures shall be placed to the credit of the New Mexico compilation fund, except such amount as may have been paid as accrued interest, which amount shall be credited to a special interest fund for payment of interest on such debentures. The expenses incurred by the state treasurer in the preparation and sale of said debentures shall be paid out of said compilation fund. The proceeds from said debentures shall be used exclusively for the purposes for which said indebtedness is authorized and shall be paid out on warrants drawn by the secretary of finance and administration supported by vouchers of the New Mexico compilation commission. The state treasurer shall keep separate accounts for all moneys collected from the taxes or fees hereby imposed for the payment of the interest and to provide a sinking fund for said debentures respectively, and may from time to time invest the moneys in said sinking fund in any bonds or other securities issued by the United States of America or the state of New Mexico at their market value, provided, such bonds or other securities will mature before the maturity date of the debentures for which the sinking fund is created.
History:
1941 Comp., § 1-130, enacted by Laws 1953, ch. 39, § 13; 1953 Comp., § 1-1-13; Laws 1977, ch. 247, § 8.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 2 - Statutory Construction › Section 12-2-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 173 § 21 repealed 12-2-1 and 12-2-2 NMSA 1978, as enacted or amended by or as compiled as Laws 1865-1866, p. 192, § 4, Laws 1880 ch. 6, § 32, C.L. 1884, §§ 1851, 2610; C.L. 1897, §§ 2900, 3784, Code 1915, §§ 5423, 5424, C.S. 1929, §§ 139-102, 139-401, 1941 Comp., §§ 1-201, 1-202, 1953 Comp., §§ 1-2-1, 1-2-2, Laws 1965, ch. 110, § 1, Laws 1969, ch. 132, § 1 and Laws 1973, ch. 138, § 1, providing that the original act governs and setting forth rules of construction, effective July 1, 1997. For provisions of former sections,
see
1996 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
Chapter 12, Article 2A NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 2 - Statutory Construction › Section 12-2-3 - Officer defined for certain statutes.

In all statutes which:
A. use the general term or terms "public officer," "public official," "officer" or any similar term signifying the same class of persons; and
B. do not specifically define the term to include those excluded by this section; and
C. which limit, prohibit or penalize the ability, privilege or right of persons of that class to deal with the state, or any of its agencies or political subdivision [subdivisions], other than an agency or subdivision under the executive control or supervision of that person or a board or commission of which that person is a member, the term or terms shall be construed to mean a salaried public official who receives an annual, monthly or daily salary, or is compensated for his services in the form of fees. The term or terms shall not be construed to mean officers or officials who receive per diem expense and mileage only.
History:
1953 Comp., § 1-2-2.1, enacted by Laws 1963, ch. 197, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 2 - Statutory Construction › Section 12-2-4 - Determination of death.

A. For all medical, legal and statutory purposes, death occurs when an individual has sustained either:
(1) irreversible cessation of circulatory or respiratory functions; or
(2) irreversible cessation of all functions of the entire brain, including the brain stem.
B. A determination of death shall be made in accordance with accepted medical standards.
C. Death is to be pronounced pursuant to the provisions of Subsection A of this section before artificial means of supporting circulatory or respiratory functions are terminated and before any vital organ is removed for purposes of transplantation, therapy, research or education in compliance with the provisions of the Jonathan Spradling Revised Uniform Anatomical Gift Act [Chapter 24, Article 6B NMSA 1978].
D. The definition of death set forth in Subsection A of this section is to be utilized for all purposes in this state, including civil and criminal actions, notwithstanding any other law to the contrary.
History:
1978 Comp., § 12-2-4, enacted by Laws 1993, ch. 174, § 1; 2007, ch. 323, § 26.
ANNOTATIONS
Repeals and reenactments.
— Laws 1993, ch. 174, § 1 repealed former 12-2-4 NMSA 1978, as enacted by Laws 1973, ch. 168, § 1, relating to death defined, and enacted a new section, effective July 1, 1993.
The 2007 amendment,
effective July 1, 2007, provided that death is to be pronounced before any vital organ is removed for purposes of therapy, research or education and changed the name of the act.
Law reviews.
— For lecture, "Euthanasia and the Right to Die: Nancy Cruzan and New Mexico," see 20 N.M.L. Rev. 675 (1990).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 40 Am. Jur. 2d Homicide § 1.5.
Homicide: physician's withdrawal of life supports from comatose patient, 47 A.L.R.4th 18.
25 C.J.S. Death § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 2 - Statutory Construction › Section 12-2-5 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1993, ch. 174, § 84 repealed 12-2-5 NMSA 1978, as enacted by Laws 1973, ch. 168, § 2, relating to presumptive decedents, effective July 1, 1993. For provisions of former section,
see
1992 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 2 - Statutory Construction › Section 12-2-6 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 173 § 21 repealed 12-2-6 NMSA 1978, as enacted by Laws 1912, ch. 21, § 1, relating to repeal of a repealing act, effective July 1, 1997. For provisions of former section,
see
1996 NMSA 1978 on
NMOneSource.com.
For present comparable provisions,
see
12-2A-15 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 2A - Uniform Statute and Rule Construction Act › Section 12-2A-3 - General definitions.

In the statutes and rules of New Mexico:
A. "annually" means per year;
B. "age of majority" begins on the first instant of an individual's eighteenth birthday;
C. "child" includes a child by adoption;
D. "oath" includes an affirmation;
E. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity;
F. "personal property" means property other than real property;
G. "personal representative" of a decedent's estate includes an administrator and executor;
H. "population" means the number of individuals enumerated in the most recent federal decennial census;
I. "property" means real and personal property;
J. "real property" means an estate or interest in, over or under land and other things or interests, including minerals, water, structures and fixtures that by custom, usage or law pass with a transfer of land even if the estate or interest is not described or mentioned in the contract of sale or instrument of conveyance and, if appropriate to the context, the land in which the estate or interest is claimed;
K. "rule" means a rule, regulation, order, standard or statement of policy, including amendments thereto or repeals thereof, promulgated by an administrative agency, that purports to affect one or more administrative agencies other than the promulgating agency or that purports to affect persons who are not members or employees of the promulgating agency;
L. "sign" or "subscribe" includes the execution or adoption of any symbol by a person with the present intention to authenticate a writing;
M. "state" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States;
N. "swear" includes affirm;
O. "will" includes a codicil; and
P. "written" and "in writing" includes printing, engraving or any other mode of representing words and letters.
History:
Laws 1997, ch. 173, § 3.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
County is body corporate therefore "person".
— A county is fairly included as a body politic and corporate, to which the word "person" is extended.
Donalson v. County of San Miguel
, 1859-NMSC-001, 1 N.M. 263.