reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 3 - Corrections Department › Section 9-3-12 - Organizational units of department; powers and duties specified by law; access to information.

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary and he shall retain the final decision-making authority and responsibility in accordance with the provisions of Section 6(B) [9-3-5 NMSA 1978] of this act [Chapter 9, Article 3 NMSA 1978]. The department shall have access to all records, data and information of other departments, agencies and institutions, including its own organizational units not specifically held confidential by law.
History:
1978 Comp., § 9-3-12, enacted by Laws 1977, ch. 257, § 13.
ANNOTATIONS
Effective dates.
— Laws 1977, ch. 257, § 108 made Laws 1997, ch. 257, § 13 effective March 31, 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4 - Educational Finance and Cultural Affairs Department (Repealed.) › Section 9-4-1 to 9-4-7 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1980, ch. 151, § 58, repealed 9-4-1 to 9-4-7 NMSA 1978, as enacted by Laws 1977, ch. 246, §§ 1 to 7, relating to the educational finance and cultural affairs department, effective March 5, 1980.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-1 - Short title.

Chapter 9, Article 4A NMSA 1978 may be cited as the "Cultural Affairs Department Act".
History:
Laws 2004, ch. 25, § 1; 2007, ch. 269, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the statutory reference to the act.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-2 - Purpose.

The purpose of the Cultural Affairs Department Act is to create a single, unified department to administer all laws and exercise all functions formerly administered and executed by the office of cultural affairs.
History:
Laws 2004, ch. 25, § 2.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-3 - Definitions.

As used in the Cultural Affairs Department Act:
A. "department" means the cultural affairs department; and
B. "secretary" means the secretary of cultural affairs.
History:
Laws 2004, ch. 25, § 3.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-4 - Department created.

The "cultural affairs department" is created in the executive branch. The department is a cabinet department and includes the following divisions:
A. the administrative services division;
B. the arts division;
C. the historic preservation division;
D. the library division;
E. the Hispanic cultural division;
F. the farm and ranch heritage museum division;
G. the natural history and science museum division;
H. the museum of space history division;
I. the museum resources division;
J. the veterans museum division; and
K. the following divisions that make up the museum of New Mexico:
(1) the palace of the governors state history museum division;
(2) the New Mexico museum of art division;
(3) the museum of Indian arts and culture division;
(4) the museum of international folk art division;
(5) the archaeology division; and
(6) the state historic sites and monuments division.
History:
Laws 2004, ch. 25, § 4; 2007, ch. 269, § 2; 2009, ch. 33, § 9; 2013, ch. 67, § 1.
ANNOTATIONS
The 2013 amendment,
effective June 14, 2013, renamed the archaeological services and the state monuments divisions; in Paragraph (5) of Subsection K, after "the", deleted "archaeological services" and added "archaeology"; and in Paragraph (6) of Subsection K, after "the state", deleted "monuments" and added "historic sites and monuments".
The 2009 amendment,
effective July 1, 2009, added Subsection J.
The 2007 amendment,
effective June 15, 2007, changed the name of the museum services division to the museum resources division and the name of the museum of fine art division to the New Mexico museum of art division and provided that all statutory references to the museum of fine art refer to the New Mexico museum of art division.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-5 - Secretary.

A. The chief executive and administrative officer of the department is the "secretary of cultural affairs". The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold the office at the pleasure of the governor and shall serve in the executive cabinet.
B. An appointed secretary shall serve and have all the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting the appointment.
History:
Laws 2004, ch. 25, § 5.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-7 - Organizational units of the department; powers and duties specified by law; access to information.

A. Those organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws.
B. The department shall have access to all records, data and information of other state departments that are not specifically held confidential by law.
History:
Laws 2004, ch. 25, § 7.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-8 - Division directors.

Except as otherwise provided by law, the secretary shall appoint, with the approval of the governor, "directors" of divisions established within the department. The directors so appointed are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 2004, ch. 25, § 8.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-9 - Bureau chiefs.

The secretary may establish within each division such "bureaus" as the secretary deems necessary to carry out the provisions of the Cultural Affairs Department Act. The secretary shall appoint a "chief" to be the administrative head of a bureau. The chief and all subsidiary employees of the department are covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978], unless otherwise provided by law.
History:
Laws 2004, ch. 25, § 9.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-10 - Administrative services division; duties.

The administrative services division shall provide administrative services to the department, including:
A. keeping all official records of the department;
B. providing clerical services in the areas of personnel and budget preparation; and
C. providing clerical, record-keeping and administrative support to agencies administratively attached to the department, at their request.
History:
Laws 2004, ch. 25, § 10.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 25 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-11 - Recompiled.

History:
1941 Comp., § 3-3-931, enacted by Laws 1949, ch. 74, § 1; 1953 Comp., § 4-12-31; Laws 1977, ch. 246, § 24; 1978 Comp., §18-3-8; 1980, ch. 151, § 28; 2004, ch. 25, § 20; recompiled as 9-4A-11 by Laws 2004, ch. 25, § 52; recompiled as § 18-3-11 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled 9-4A-11 NMSA 1978 as 18-3-11 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-12 - Museum resources division.

The "museum resources division" is created within the department. The museum resources division shall provide support in exhibitions, statewide education services, publishing and other services requested by the museums or the secretary.
History:
Laws 2004, ch. 25, § 12; 2007, ch. 269, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the name of the museum services division to the museum resources division.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-13 - Recompiled.

History:
Laws 2004, ch. 25, § 13; 2007, ch. 269, § 4; 1978 Comp., § 9-4A-13, recompiled § 18-3-12 NMSA 1978 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled 9-4A-13 NMSA 1978 as 18-3-12 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-14 - Recompiled.

History:
Laws 2004, ch. 25, § 14; 1978 Comp., § 9-4A-14, recompiled § 18-3-13 NMSA 1978 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled 9-4A-14 NMSA 1978 as 18-3-13 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-15 - Recompiled.

History:
Laws 2004, ch. 25, § 15; 1978 Comp., § 9-4A-15; recompiled as § 18-3-14 NMSA 1978 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled 9-4A-15 NMSA 1978 as 18-3-14 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-16 - Recompiled.

History:
Laws 2004, ch. 25, § 16; 1978 Comp., § 9-4A-16, recompiled as § 18-3-15 NMSA 1978 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled 9-4A-16 NMSA 1978 as 18-3-15 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-17 - Recompiled.

History:
Laws 2004, ch. 25, § 17; 2013, ch. 67, § 2; 1978 Comp., § 9-4A-17, recompiled as § 18-3-16 NMSA 1978 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled 9-4A-17 NMSA 1978 as 18-3-16 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-18 - Recompiled.

History:
Laws 2004, ch. 25, § 18; 1978 Comp., § 9-4A-18, recompiled as § 18-3-17 by Laws 2015, ch. 19, § 19.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 19 recompiled 9-4A-18 NMSA 1978 as 18-3-17 NMSA 1978, effective July 1, 2015.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-19 - Expired.

History:
Laws 2005, ch. 44, § 1.
ANNOTATIONS
Compiler's notes.
— Section 9-4A-19 NMSA 1978, as enacted by Laws 2005, ch. 44, § 1, was a temporary provision that created the New Mexico coin commission to assist the governor in selecting designs to be submitted to the United States mint for the New Mexico state quarter for the fifty states' commemorative coin program. It has been omitted from the NMSA 1978 since the New Mexico coin commission no longer functioned after July 1, 2008.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-20 - Museum collections fund; created; purpose; national museum ethical guidelines.

A. The "museum collections fund" is created in the state treasury. The fund is a nonreverting fund, and income from investment of the fund shall be credited to the fund. The fund shall be administered by the cultural affairs department, and money in the fund is appropriated to the department as provided in Subsection B of this section.
B. The purpose of the fund is to receive proceeds from the deaccessioning of museum collection items of each state museum and to fund new acquisitions for the museums. To comply with national museum ethical guidelines, each museum may have a subaccount in the museum collections fund into which the proceeds of the deaccessioning of its collection items and income from investment of the proceeds are credited and out of which the museum may expend money for the sole purpose of acquiring objects for that museum's collection. Money in the fund shall be expended on warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the appropriate museum division and the secretary of cultural affairs or the secretary's authorized representative.
History:
Laws 2005, ch. 121, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 121 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-21 - Cultural affairs enterprise fund; created; administration.

The "cultural affairs department enterprise fund" is created as a nonreverting fund in the state treasury. Except as otherwise provided by law, the fund consists of appropriations to the fund, revenue generated by the department, proceeds from the disposition of department property, income from investment of the fund, gifts, grants, donations and bequests. The fund shall be administered by the department, and money in the fund is subject to appropriation by the legislature to the department to carry out the provisions of the Cultural Affairs Department Act and other laws administered by the department or any of its divisions. Disbursements from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of cultural affairs or the secretary's authorized representative.
History:
Laws 2013, ch. 32, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 32 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-22 - State museums improvements and exhibits fund created; use.

A. The "state museums improvements and exhibits fund" is created in the state treasury. The fund consists of:
(1) money appropriated and transferred to the fund;
(2) gifts, grants, donations and bequests; and
(3) fifteen percent of the state museums' admission fees, facilities rentals and revenues earned from licensure or sale of intellectual property.
B. Earnings from investment of the state museums improvements and exhibits fund shall be credited to the fund. Money in the fund is appropriated to the department to be distributed to state museums pursuant to the provisions of this section. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of cultural affairs.
C. Money in the state museums improvements and exhibits fund shall be expended by the department for development, implementation and maintenance of exhibitions at state museums and for maintenance and repairs of state museum facilities. Revenues in the fund earned by a specific division shall be expended by that division.
D. As used in this section, "state museum" means a museum, historic site, monument, cultural center or laboratory administered by the department.
History:
Laws 2005, ch. 277, § 1; 1978 Comp., § 18-3-9, recompiled as § 9-4A-22 by Laws 2015, ch. 19, § 1.
ANNOTATIONS
Recompilations.
— Laws 2015, ch. 19, § 1 recompiled and amended 18-3-9 NMSA 1978 as 9-4A-22 NMSA 1978, effective July 1, 2015.
The 2015 amendment,
effective July 1, 2015, provided for revenues earned from licensure or sale of intellectual property from the states' museums to be placed in the state museums improvements and exhibits fund; in Subsection A, in the introductory sentence, after the second occurrence of "fund", deleted "shall consist" and added "consists", in Paragraph (3) of Subsection A, after "fees", deleted "and", and after "rentals" added "and revenues earned from licensure or sale of intellectual property; in Subsection B, after "appropriated to the", deleted "cultural affairs"; in Subsection C, after "expended by the", deleted "cultural affairs"; in Subsection D, after the second occurrence of "museum", deleted "state" and added "historic site", and after "administered by the", deleted "cultural affairs".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 4A - Cultural Affairs Department › Section 9-4A-23 - Cultural affairs facilities infrastructure fund.

The "cultural affairs facilities infrastructure fund" is created in the state treasury. The cultural affairs department shall administer the fund, and money in the fund is appropriated to that department to pay the costs of planning, engineering, designing, constructing, renovating, repairing, equipping and furnishing department facilities and exhibits. Money in the fund shall consist of appropriations, distributions, gifts, grants, donations, income from investment of the fund and money otherwise accruing to the fund. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of cultural affairs. Money in the fund shall not revert to any other fund.
History:
Laws 2020, ch. 42, § 2.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 42 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5 - Energy and Minerals Department (Repealed.) › Section 9-5-1 to 9-5-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 234, § 84 repealed former 9-5-1 to 9-5-8 NMSA 1978, as enacted by Laws 1977, ch. 255, §§ 1-7 and 10 and as amended by Laws 1979, ch. 68, § 1 and Laws 1985, ch. 123, §§ 1, 2, relating to the energy and minerals department, effective July 1, 1987. For present comparable provisions,
see
9-5A-1 to 9-5A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-1 - Short title.

Sections 1 through 7 [9-5A-1 to 9-5A-7 NMSA 1978] of this act may be cited as the "Energy, Minerals and Natural Resources Department Act".
History:
Laws 1987, ch. 234, § 1.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-2 - Purpose.

The purpose of the Energy, Minerals and Natural Resources Department Act is to establish a single, unified department to administer laws and exercise functions formerly administered and exercised by the energy and minerals department and the natural resources department.
History:
Laws 1987, ch. 234, § 2.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-4 - Divisions; duties.

In addition to the duties assigned to each division of the energy, minerals and natural resources department by the secretary of energy, minerals and natural resources:
A. the administrative services division shall provide clerical, recordkeeping and administrative support to the department in the areas of personnel, budget, procurement and contracting;
B. the energy conservation and management division shall plan, administer, review, provide technical assistance, maintain records, monitor state and federal energy conservation and alternative energy technology programs and administer laws and regulations relating to geothermal resources;
C. the forestry division shall enforce and administer laws and regulations relating to forestry on lands within the state;
D. the mining and minerals division shall enforce and administer laws and regulations relating to mine safety, coal surface mine reclamation and abandoned mine lands reclamation;
E. the oil conservation division shall administer laws and regulations relating to oil and gas resources, except those laws specifically administered by another authority; and
F. the state parks division shall develop, maintain, manage and supervise all state parks and state-owned or state-leased recreation areas.
History:
Laws 1987, ch. 234, § 4; 1997, ch. 137, § 2; 2016, ch. 71, § 12; 2016, ch. 78, § 12.
ANNOTATIONS
Cross references.
— For forestry division office,
see
68-2-4 NMSA 1978.
For wetlands area restoration,
see
75-8-2 NMSA 1978.
The 2016 amendment,
effective July 1, 2016, required the energy conservation and management division to administer laws and regulations relating to geothermal resources; in Subsection B, after "maintain records", deleted "and", and after "technology programs", added "and administer laws and regulations relating to geothermal resources"; in Subsection C, after "administer", deleted "all"; in Subsection E, after "shall administer", deleted "the", after "relating to oil", added "and", and after "gas", deleted "and geothermal"; and in Subsection F, after "the state", deleted "park and recreation" and added "parks".
Laws 2016, ch. 71, § 12 and Laws 2016, ch. 78, § 12, both effective July 1, 2016, enacted identical amendments to this section. The section was set out as amended by Laws 2016, ch. 78, § 12.
See
12-1-8 NMSA 1978.
The 1997 amendment,
effective July 1, 1997, deleted "and soil and water conservation" following "relating to forestry" in Subsection C.
State power not exclusive.
— The provisions of Sections 68-2-14 and 68-2-16 NMSA 1978 and this section do not give the forestry division exclusive power to enforce and administer laws and regulations relating to timber harvesting and do not expressly prohibit local governments from enacting and enforcing such laws.
Rancho Lobo, Ltd. v. DeVargas
, 303 F.3d 1195 (10th Cir. 2002), cert. denied, 538 U.S. 906, 123 S. Ct. 1483, 155 L. Ed. 2d 225 (2003).
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-5 - Secretary of energy, minerals and natural resources; appointment.

A. The administrative head of the energy, minerals and natural resources department is the "secretary of energy, minerals and natural resources", who shall be appointed by the governor with the consent of the senate and who shall serve in the executive cabinet.
B. An appointed secretary of energy, minerals and natural resources 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:
Laws 1987, ch. 234, § 5.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-6 - Divisions; directors.

The secretary of energy, minerals and natural resources shall appoint, with the approval of the governor, directors of the divisions established within the energy, minerals and natural resources department. Division directors are exempt from the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1987, ch. 234, § 6.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-7 - Bureaus; chiefs.

The secretary of energy, minerals and natural resources shall establish, within each division of the energy, minerals and natural resources department, such bureaus as he deems necessary to carry out the provisions of the Energy, Minerals and Natural Resources Department Act. He shall employ a chief to be the administrative head of each bureau. The chiefs and all subsidiary employees of the department shall be covered by the Personnel Act [Chapter 10, Article 9 NMSA 1978].
History:
Laws 1987, ch. 234, § 7.
ANNOTATIONS
Compiler's notes.
— Laws 1987, ch. 234, § 83, effective July 1, 1987, provided for the transfer of personnel, appropriations, federal funds, grants-in-aid, supplies, records and money from the energy and minerals department and from the natural resources department to the energy, minerals and natural resources department; it further provided that all existing contracts and agreements shall be binding and effective on the newly created agencies and officers; and further provides that the secretary shall not reduce staff except by attrition, transfer, or dismissal for cause except for positions already vacant.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-8 - State alternative fuel program manager; creation; duties.

A "state alternative fuel program manager" is created in the energy conservation and management division of the energy, minerals and natural resources department, and his duties shall include:
A. promoting, coordinating and monitoring the implementation of state clean alternative fuel transportation programs, including a mass transit demonstration project and other demonstration projects that place New Mexico on the leading edge of new clean fuel technologies;
B. coordinating and directing the provisions of the Alternative Fuel Conversion Act [Alternative Fuel Acquisition Act] [Chapter 13, Article 1B NMSA 1978]; and
C. mobilizing and coordinating necessary resources and expertise from government, education and the private sector to assist in clean alternative fuel transportation programs and projects.
History:
Laws 1992, ch. 58, § 8; 1994, ch. 119, § 13; 1995, ch. 161, § 2; recompiled and amended as 1978 Comp., § 9-5A-8 by Laws 1998, ch. 22, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law. The Alternative Fuel Conversion Act, referred to in Subsection B, was renamed the Alternative Fuel Acquisition Act by Laws 2002, Chapter 32.
See
13-1B-1 NMSA 1978 et seq.
The 1998 amendment,
effective July 1, 1998, recompiled former 9-17-7 NMSA 1978 as 9-5A-8 NMSA 1978, and substituted "energy conservation and management division of the energy, minerals and natural resources department" for "transportation services division of the department" in the introductory language.
The 1995 amendment,
effective June 16, 1995, substituted "program" for "transportation" in the section heading, and, in the introductory language, substituted "program manager" for "transportation manager" and "transportation services" for "motor pool".
The 1994 amendment,
effective May 18, 1994, inserted "motor pool division of the" in the introductory paragraph.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-9 - Renewable energy and fuel cell demonstration project; secretary of energy, minerals and natural resources; duties.

The secretary of energy, minerals and natural resources shall conduct a practical demonstration of a grid-interconnected, real-time, net-metered, solar photovoltaic system and an ultra-high-efficiency co-generation fuel cell system powered by natural gas, propane, methanol or hydrogen to generate on-site electricity for government or public use. The solar photovoltaic electric generating system shall be sized and configured to comply with the federal energy management program's million solar roofs initiative. All demonstrations shall be accessible to the public. The secretary shall conduct an analysis that considers life-cycle costing of the new technologies, their appropriate uses and an evaluation of the economic and environmental benefits that might be derived from statewide introduction and application of the technology. The analysis shall also include price differentials of on-peak and off-peak electricity. Life-cycle costing shall be determined by computing the savings derived from the operation of the technology over its useful life, less purchase and operating costs. The goal of the project is to demonstrate a new generation of electric and fossil fuel technologies while providing an opportunity to evaluate their potential economic and environmental benefits. The secretary shall submit the results of the evaluations and recommendations to the second session of the forty-seventh legislature.
History:
Laws 2003, ch. 129, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 129, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-10 - Secretary of energy, minerals and natural resources; additional duties.

The secretary of energy, minerals and natural resources shall develop a comprehensive watershed restoration strategy that sets guidelines for coordination with state and federal land management agencies and political subdivisions, including the soil and water conservation districts and other stakeholders. The strategy shall focus on removing the overabundance of woody vegetation, particularly non-native species of phreatophytes, that consume excessive amounts of water and on reestablishing the natural ecology of New Mexico. The strategy shall use:
A. incentives to encourage the formation of businesses to clear vegetation;
B. incentives to encourage biomass energy use; and
C. the use of inmates from the corrections department to assist with watershed cleanup.
History:
Laws 2003, ch. 133, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 133, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 2003, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5A - Energy, Minerals and Natural Resources Department › Section 9-5A-11 - Energy, minerals and natural resources department; uranium mine reclamation coordinator.

The secretary of energy, minerals and natural resources shall create a uranium mine reclamation coordinator position and employ additional staff as needed to coordinate the department's uranium mine and mill site reclamation activities and effectively collaborate and engage with the department of environment in carrying out the provisions of Section 1 [9-7A-16 NMSA 1978] of this 2022 act.
History:
Laws 2022, ch. 26, § 2.
ANNOTATIONS
Effective dates.
— Laws 2022, ch. 26 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 18, 2022, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-1 - Short title.

Chapter 9, Article 5B NMSA 1978 may be cited as the "New Mexico Youth Conservation Corps Act".
History:
Laws 1992, ch. 91, § 1; 2019, ch. 117, § 5.
ANNOTATIONS
Cross references.
— For the Apprenticeship Assistance Act,
see
21-19A-1 NMSA 1978 et seq.
The 2019 amendment,
effective July 1, 2019, changed "This act" to "Chapter 9, Article 5B NMSA 1978".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-2 - Purpose.

The purpose of the New Mexico Youth Conservation Corps Act is to provide a process to employ young persons in public projects that conserve New Mexico's natural resources and provide community benefits of lasting value. New Mexico will benefit by having its natural and urban environments improved and enhanced and its youth instilled with an appreciation of natural resources, cooperation, hard work and accomplishment.
History:
Laws 1992, ch. 91, § 2.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1992, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-3 - Definitions.

As used in the New Mexico Youth Conservation Corps Act:
A. "commission" means the New Mexico youth conservation corps commission;
B. "corps" means the New Mexico youth conservation corps;
C. "corps member" means a person enrolled in the corps;
D. "department" means the energy, minerals and natural resources department;
E. "nonprofit organization" means any organization that has been granted an exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c) of the United States Internal Revenue Code of 1986, as amended or renumbered;
F. "project" means an activity that can be completed in six months or less, results in a specific identifiable service or product that otherwise would not be accomplished with existing funds and does not duplicate the routine services or functions of the sponsor;
G. "resident" means an individual who has resided in New Mexico for at least six months before applying for employment with the corps; and
H. "sponsor" means any local unit of government, state agency, federal agency, nonprofit organization or federally recognized Native American tribe.
History:
Laws 1992, ch. 91, § 3.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1992, 90 days after the adjournment of the legislature.
Cross references.
— For Section 501(c) of the United States Internal Revenue Code of 1986,
see
26 U.S.C. § 501(c).
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-4 - Project objectives.

Corps members shall generally be involved in projects in New Mexico that:
A. preserve, maintain and enhance natural resources;
B. rehabilitate and improve cultural, historical and agricultural resources;
C. benefit recreational areas and parks by improving their use and access;
D. assist in emergency operations, including fires, floods and rescue of lost or injured persons;
E. beautify, improve and restore urban areas; and
F. renovate community facilities, including those for the elderly or indigent.
History:
Laws 1992, ch. 91, § 4.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1992, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-5 - Commission created; membership; appointments; terms; vacancies; compensation.

A. There is created a nine-member "New Mexico youth conservation corps commission" which is administratively attached to the department. The commission consists of the following members:
(1) the superintendent of public instruction or his designee;
(2) the commissioner of public lands or his designee;
(3) the secretary of energy, minerals and natural resources or his designee;
(4) the secretary of the youth authority [children, youth, and families department] or his designee; and
(5) five members of the general public appointed by the governor to reflect the geographic diversity of the state, one of whom is knowledgeable in the current policies of the United States forest service and one of whom is Native American.
B. One of the members of the commission shall be appointed by the governor for a one-year term, two members shall be appointed for two-year terms, two members shall be appointed for three-year terms and all subsequent appointments shall be made for three-year terms.
C. The public members shall serve at the pleasure of the governor. Vacancies on the commission shall be filled by appointment by the governor for the unexpired term within sixty days of the vacancy. Commission members shall serve until their successors have been appointed.
D. A majority of the members of the commission constitutes a quorum for transaction of business. The commission shall elect a chairman from its membership.
E. Members of the commission shall be compensated as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance.
History:
Laws 1992, ch. 91, § 5.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1992, 90 days after the adjournment of the legislature.
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1992, ch. 57, § 56 repealed the Youth Authority Act, as enacted by Laws 1988, ch. 101, §§ 1-16 and Laws 1990, ch. 32, §§ 1-2, effective July 1, 1992.
Laws 1992, ch. 57, § 52 provided that all references in law to the youth authority shall be construed to mean the children, youth and families department.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-7 - Application for project approval; considerations for approval.

A. Sponsors shall apply to the commission for project approval.
B. A sponsor's application shall include:
(1) a comprehensive work plan;
(2) a complete project cost estimate;
(3) the number of corps members required; and
(4) the estimated time necessary to complete the project.
C. The commission shall examine the following in considering a project for approval or rejection:
(1) the opportunities the project provides in the development of skills, discipline and good work habits;
(2) the degree of difficulty in carrying out the project;
(3) the project's compliance with conservation and community service objectives, as set forth in Section 4 [9-5B-4 NMSA 1978] of the New Mexico Youth Conservation Corps Act;
(4) the sponsor's ability to contribute the necessary financial and human resources to the project; and
(5) the project's compatibility with concurrent corps projects, including the availability of the required corps work force.
D. A project shall not be approved if its implementation would result in the displacement of currently employed workers, including a partial displacement, such as reduction in hours or benefits. Participating sponsors shall not terminate, lay off or reduce the working hours of any employee in order to use a corps member to perform the employee's duties.
History:
Laws 1992, ch. 91, § 7.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1992, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-8 - Eligibility requirements; benefits.

A. Persons eligible for enrollment as corps members are persons who:
(1) are unemployed;
(2) are between the ages of fourteen and twenty-five years old;
(3) are New Mexico residents; and
(4) meet any additional eligibility standards for employment as deemed necessary by the commission.
B. Corps members are not entitled to any employee benefits provided to state employees under the Personnel Act [Chapter 10, Article 9 NMSA 1978]. Corps members shall be entitled to receive workers' compensation benefits provided by the commission.
History:
Laws 1992, ch. 91, § 8.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1992, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-9 - Education; training.

A. Corps members shall be encouraged to increase their opportunities for employment by education and training. Corps personnel shall seek cooperative agreements with community colleges, vocational schools and other institutions of higher learning in an effort to aid corps members in achieving their educational goals. Corps personnel shall provide opportunities for corps members to achieve basic education, literacy and high school or equivalency diplomas.
B. On completion of employment, a corps member who has twelve full months of employment as a corps member during a period not to exceed forty-eight months and who has received satisfactory evaluations throughout the corps member's employment is entitled to receive as additional compensation five hundred dollars ($500) or a one thousand five hundred dollar ($1,500) educational tuition voucher at a New Mexico institution of higher education. The educational tuition voucher is valid for two years. If the corps member receives a satisfactory employment evaluation and the program manager determines that the corps member's employment was less than twelve months in a four-year period due to circumstances beyond the corps member's control, the program manager may authorize a partial compensation payment or a partial educational tuition voucher to that corps member.
History:
Laws 1992, ch. 91, § 9; 2001, ch. 235, § 1; 2005, ch. 88, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, increased the amount of education vouchers to one thousand five hundred dollars.
The 2001 amendment,
effective June 15, 2001, in Subsection B, substituted "twelve full months of employment" for "one full year of continuous employment"; inserted "during a period not to exceed forty-eight months"; deleted "public" preceding "institution of higher education" and substituted "less than twelve months in a four-year period" for "completed in less than a year".
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-10 - Fund created; disposition.

A. The "New Mexico youth conservation corps fund" is created in the state treasury. All appropriations, gifts, devises, grants and donations received shall be deposited in the fund. Money in the fund is appropriated to the commission for the purpose of carrying out the provisions of the New Mexico Youth Conservation Corps Act. Any interest accruing to the fund shall remain in the fund. Money in the fund shall not revert at the end of a fiscal year.
B. The fund shall be administered by the department. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the chairman of the commission or his designee for the purpose of carrying out the provisions of the New Mexico Youth Conservation Corps Act.
History:
Laws 1992, ch. 91, § 10.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1992, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-10.1 - Recompiled.

History:
Laws 2019, ch. 117, § 7; § 9-5B-10.1 recompiled and amended as § 9-15-14.4 by Laws 2020, ch. 65, § 4.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 65, § 4 recompiled and amended former 9-5B-10.1 NMSA 1978 as 9-15-14.4 NMSA 1978, effective May 20, 2020.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-10.2 - Recompiled.

History:
Laws 2019, ch. 117, § 8; § 9-5B-10.2 recompiled and amended as § 9-15-14.5 by Laws 2020, ch. 65, § 5.
ANNOTATIONS
Recompilations.
— Laws 2020, ch. 65, § 5 recompiled and amended former 9-5B-10.2 NMSA 1978 as 9-15-14.5 NMSA 1978, effective May 20, 2020.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 5B - Youth Conservation Corps › Section 9-5B-11 - Report by commission.

At least forty-five days prior to each legislative session, the commission shall submit a report concerning its activities, the projects implemented and any recommendations to the governor and the legislature.
History:
Laws 1992, ch. 91, § 11.
ANNOTATIONS
Effective dates.
— Laws 1992, ch. 91 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 1992, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-1 - Short title.

Sections 9-6-1 through 9-6-5.2 and 9-6-15 NMSA 1978 may be cited as the "Department of Finance and Administration Act".
History:
1978 Comp., § 9-6-1, enacted by Laws 1977, ch. 247, § 1; 2011, ch. 106, § 4.
ANNOTATIONS
The 2011 amendment,
effective July 1, 2012, changed the statutory reference to the act.
ANNOTATIONS
2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 6 - Department of Finance and Administration › Section 9-6-2 - Purpose.

The purpose of the Department of Finance and Administration Act is to make state government more efficient and responsive through consolidating, and eliminating the overlapping of, certain state government functions; and to establish a single, unified department to administer laws relating to finance of state government; and to perform other duties as provided by law.
History:
1978 Comp., § 9-6-2, enacted by Laws 1977, ch. 247, § 2; 1983, ch. 301, § 13.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 81A C.J.S. States § 133.