reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 2-1-2 - [Power of officers to administer oaths to witnesses.]

The presiding officer of the senate, the speaker of the house of representatives, or the chairman of any committee of either house, or the chairman of any joint committee of both houses of the legislature, shall have power to administer an oath to any witness who may appear to testify at any investigation being had by either of said houses of the legislature, or any committee or joint committee thereof.
History:
Laws 1912, ch. 1, § 1; Code 1915, § 1660; C.S. 1929, § 35-2605; 1941 Comp., § 2-103; 1953 Comp., § 2-1-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Cross references.
— For powers of legislature,
see
N.M. Const., art. IV.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 Am. Jur. 2d States, Territories, and Dependencies §§ 48, 49.
81A C.J.S. States § 57.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 2-1-5 - [Penalty for violation of 2-1-3 or 2-1-4 NMSA 1978.]

Any person violating the provisions of either of the two preceding sections [2-1-3 or 2-1-4 NMSA 1978] shall be guilty of a felony and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than twenty-five hundred dollars ($2,500.00) or by imprisonment in the state penitentiary for not less than one (1) year nor more than five (5) years or both, such fine and imprisonment in the discretion of the court.
History:
1941 Comp., § 2-106, enacted by Laws 1943, ch. 18, § 3; 1953 Comp., § 2-1-6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 2-1-6 - [Restraining unlawful payments; jurisdiction; rules and procedure.]

That any citizen of the state of New Mexico may file suit in the district court of the county wherein such citizen resides for an injunction to restrain any member of the legislature from receiving or any officer from paying any compensation in violation of this act [2-1-3 to 2-1-6 NMSA 1978]; and jurisdiction is hereby conferred upon the various district courts of this state to grant injunctive relief. The rules and law of procedure applicable generally to civil actions for injunctive relief shall apply to such actions.
History:
1941 Comp., § 2-107, enacted by Laws 1943, ch. 18, § 4; 1953 Comp., § 2-1-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Cross references.
— For rule of procedure relating to injunctions,
see
Rule 1-066 NMRA.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 2-1-7 - Emoluments; increase prohibited.

No law increasing the emoluments for any civil office in the state enacted by the legislature shall be construed to apply or become effective as to any member of the legislature appointed to such office, until one year after expiration of the term for which such person was elected and served if such law was enacted during such term.
History:
1953 Comp., § 2-1-7.1, enacted by Laws 1977, ch. 336, § 1.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 2-1-8 - Session per diem and mileage of members.

Each member of the legislature shall receive per diem at the internal revenue service maximum federal per diem rate for the city of Santa Fe for each day's attendance during each session of the legislature and the internal revenue service standard mileage rate for each mile traveled in going to and returning from the seat of government by the usual traveled route, once each session as defined by Article 4, Section 5 of the constitution of New Mexico.
History:
1953 Comp., § 2-1-8, enacted by Laws 1955, ch. 2, § 1; 1972, ch. 1, § 3; 1975, ch. 1, § 10; 1983, ch. 1, § 10; 1997, ch. 154, § 1.
ANNOTATIONS
Cross references.
— For authorization of per diem and mileage payments as sole compensation for members of legislature,
see
N.M. Const., art. IV, § 10.
For inapplicability of the Per Diem and Mileage Act to legislators unless specifically made applicable,
see
10-8-6 NMSA 1978.
The 1997 amendment,
effective June 20, 1997, rewrote the section to substitute the internal revenue service per diem rate for specific dollar amounts.
Legislative intent.
— Payments under this section and 2-1-9 NMSA 1978 are not intended to enrich legislators but only to cover travel expenses.
State ex rel. Udall v. Pub. Employees Ret. Bd
., 1994-NMCA-094, 118 N.M. 507, 882 P.2d 548,
rev'd on other grounds
, 120 N.M. 786, 907 P.2d 190 (1995).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 Am. Jur. 2d States, Territories, and Dependencies § 58.
Per diem compensation of members and officers of legislature, 1 A.L.R. 276.
81A C.J.S. States § 47.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 2-1-10 - Legislative subpoenas; form; issuance; penalty.

A. During any regular or special session of the legislature upon request of a standing committee of either house of the legislature and approval by a majority vote of the elected members of the house of which such committee is a part, the presiding officer of the senate or the speaker of the house of representatives shall issue subpoenas to compel the attendance of any witnesses or command the person to whom directed to produce any books, papers, documents or tangible items designated therein, at any investigation or hearing before the body issuing the subpoena.
B. Every subpoena shall be issued by the duly authorized legislative officer, under the name of the house or senate, and shall command each person to whom it is directed to attend and give testimony, or to produce documents or other designated articles at a time and place therein specified. Service of process may be made by any person designated by the officer issuing the subpoena.
C. Witnesses who may be subpoenaed to appear before any body of the legislature, or to produce any designated books, papers, documents or tangible items shall receive as compensation the sum of five dollars ($5.00) a day for each day they are in actual attendance in obedience to the subpoena, and eight cents ($.08) for each mile actually and necessarily traveled in coming to or going from the place of examination, but nothing shall be paid for traveling expenses when the witnesses have been subpoenaed at the place of examination.
D. Any person who shall refuse or neglect to comply with a subpoena, duly issued by the proper officer of the legislature, shall upon conviction be guilty of contempt of the legislature, and punished by a fine of not more than five hundred dollars ($500) or by imprisonment in the county jail for not more than six months or by both such fine and imprisonment in the discretion of the judge.
History:
1953 Comp., § 2-1-9, enacted by Laws 1959, ch. 200, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
72 Am. Jur. 2d States, Territories, and Dependencies § 50 et seq.
Formalities and requisites of the creation of legislative committees, 28 A.L.R. 1154.
Power of legislative body or committee to compel attendance of nonmember as witness, 50 A.L.R. 21, 65 A.L.R. 1518.
Immunity from criminal prosecution granted to witnesses summoned before legislative committee, 87 A.L.R. 435.
Subpoena duces tecum in proceeding before legislative committee, testing validity or scope of command of, 130 A.L.R. 327.
Injunction against legislative body of state or municipality, 140 A.L.R. 439.
81 C.J.S. States §§ 56 to 60.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 1 - Members of Legislature › Section 2-1-11 - [Legislative salary review committee; composition; duties.]

There is continued a legislative salary review committee composed of the speaker of the house of representatives, the president pro tempore of the senate, the chairman of the house appropriations and finance committee, the chairman of the senate finance committee and the chairmen of all respective permanent interim committees. The legislative salary review committee shall review the salary schedules of the employees of all interim legislative committees and make recommendations regarding equitable salary structures.
History:
1953 Comp., § 2-1-10, enacted by Laws 1971, ch. 1, § 10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Cross references.
— For legislative committee meetings open to public,
see
10-15-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 2 - Advance Copies of New Acts › Section 2-2-1 - [Advance certified copies of enactments.]

That upon approval by the governor of the state of New Mexico of any act passed by the legislature the secretary of state shall forthwith cause to be printed typewritten or multigraphed copies of such act and immediately shall after having certified same, as true copies, transmit one such copy to each county clerk of the state.
History:
Laws 1927, ch. 122, § 1; C.S. 1929, § 138-301; 1941 Comp., § 2-201; 1953 Comp., § 2-2-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes.
— The title of Laws 1927, ch. 122, provided for the transmittal by the secretary of state to the clerk of the district court, but this section provides for transmittal to the county clerk.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 2 - Advance Copies of New Acts › Section 2-2-2 - [Preservation as part of public records.]

The clerk in each county of the state shall provide a suitable binder and upon receipt from the secretary of state of a printed copy of any such law shall insert such copy in said binder and preserve the file as a part of the public records of his office for the inspection of public officers and parties interested, as other public records.
Provided, that after the receipt by such clerk of the bound volume of the session laws containing the same laws theretofore filed in the binder the contents of said binder may be removed and destroyed.
Provided further, that this act [2-2-1, 2-2-2 NMSA 1978] shall not apply to acts not carrying the emergency clause, nor to the act known as the Conservancy Act of New Mexico [73-14-1 NMSA 1978].
Provided further, that the chief clerk of the senate shall deliver to the secretary of state sufficient printed copies of the 1927 Election Code to be completed and certified by the secretary of state for transmission as aforesaid.
Provided further, that the secretary of state shall prepare, as herein provided, and transmit copies of road bills to clerks of such counties only as are affected thereby.
History:
Laws 1927, ch. 122, § 2; C.S. 1929, § 138-302; 1941 Comp., § 2-202; 1953 Comp., § 2-2-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes.
— The 1927 Election Code was compiled as 3-1-1 et seq., 1953 Comp., and was repealed by Laws 1969, ch. 240, § 451. For present Election Code,
see
Chapter 1 NMSA 1978.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-2 - Legislative council service created.

There hereby is created a legislative council service for the use of the members of the legislature, the governor and the various departments, institutions and agencies of this state that may desire to avail themselves of its services. Notwithstanding the availability of the legislative council service to the various departments, institutions and agencies of this state, it is a part of the legislative branch of the government, and shall conduct itself with strict regard to the division of powers among the legislative, executive and judicial branches of the government of this state. Such legislative council service shall assist and cooperate with the legislative council and with any interim legislative committee or commission created by the legislature or appointed by the governor at their request.
History:
1941 Comp., § 2-402, enacted by Laws 1951, ch. 182, § 2; 1953 Comp., § 2-3-2; Laws 1955, ch. 286, § 2.
ANNOTATIONS
Compiler's notes. —
Laws 2009, ch. 114, §§ 6 & 7, effective April 6, 2009, provided that one million dollars of the unexpended balance of the appropriations to the legislative council service in Laws 2007, ch. 192, § 1 for the purpose of constructing and renovating capital north and the capitol, and as reauthorized for an expanded purpose in Laws 2008, ch. 83, § 381, may be expended by the legislative council service in fiscal years 2009 through 2012 for the capitol buildings planning commission master planning process for statewide state facilities, including the completion of the parking structure in the central capitol campus in Santa Fe.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-4 - [Control of building housing legislature, adjacent utility plant and surrounding grounds.]

Notwithstanding the provisions of Chapter 6, Articles 1 and 2, NMSA 1953, the exclusive control, care, custody and maintenance of the building in which the legislature is housed, the adjacent utilities plant and the surrounding grounds are transferred from the capitol buildings improvement commission, and the capitol custodian commission, to the legislative council.
History:
1953 Comp., § 2-3-3.1, enacted by Laws 1967, ch. 73, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes.
— The provisions of Chapter 6, Articles 1 and 2, 1953 Comp., referred to in this section, are compiled as 13-4-6 to 13-4-9, 13-5-3, 13-6-1, 13-6-3, 15-3-5 to 15-3-17, 15-4-2 [repealed], 15-4-3 [repealed] and 15-5-1 [recompiled as 9-27-20] to 15-5-6 [recompiled as 9-27-25] NMSA 1978.
Sections 6-2-1 to 6-2-12, 1953 Comp., relating to the capitol buildings improvement commission, were repealed by Laws 1968, ch. 43, § 15.
Laws 1971, ch. 285, § 4, which was compiled as 6-1-9.2, 1953 Comp., before being repealed by Laws 1977, ch. 247, § 209, abolished the capitol custodian commission.
Legislative council did not exceed its statutory authority in prohibiting in-person attendance at a special session of the legislature.
— Where, in response to a pervasive health crisis occasioned by the COVID-19 pandemic and consistent with the governor's executive orders encouraging all governmental branches to take steps to curb the spread of the virus and the secretary of health's emergency stay-at-home orders, the New Mexico legislative council, the legislative body entrusted with the care and custody of the state capitol, promulgated a directive prohibiting on-site, public attendance at an upcoming special legislative session that was called to address COVID-19-related issues, and where petitioners sought a writ of mandamus declaring unlawful that portion of the council's directive prohibiting in-person attendance at the special session, this section authorizes the council's consideration of the safety of people in exercising its operational authority over the capitol complex and therefore the council did not overstep its statutory authority in taking action to address pressing public safety concerns arising from the public's physical presence at a special legislative session.
Pirtle v. Legis. Council
, 2021-NMSC-026.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-5 - [Insurance of buildings; contracts for care and management of property; records of transactions; assignment of space in buildings.]

The director of the legislative council service, under the direction of the legislative council, shall:
A. insure the buildings and their contents;
B. keep a full and complete record of all transactions;
C. sign all contracts and other papers necessary to be signed in the care and management of the property under his control;
D. have custody and control of all maps, deeds, plats, plans and specifications, contracts, books and other papers connected with the buildings and grounds under his control;
E. provide for the preservation, repair, care, cleaning, heating and lighting of the buildings and improvements under his control;
F. provide for the care and beautifying of the grounds and premises;
G. employ the necessary employees and provide and enforce the rules and regulations for the conduct of such employees;
H. assign all space in the buildings under his control; and
I. make all rules and regulations for the conduct of all persons in and about the buildings and grounds under his control necessary and proper for the safety, care and preservation of the same.
History:
1953 Comp., § 2-3-3.2, enacted by Laws 1967, ch. 73, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Legislative council did not exceed its statutory authority in prohibiting in-person attendance at a special session of the legislature.
— Where, in response to a pervasive health crisis occasioned by the COVID-19 pandemic and consistent with the governor's executive orders encouraging all governmental branches to take steps to curb the spread of the virus and the secretary of health's emergency stay-at-home orders, the New Mexico legislative council, the legislative body entrusted with the care and custody of the state capitol, promulgated a directive prohibiting on-site, public attendance at an upcoming special legislative session that was called to address COVID-19-related issues, and where petitioners sought a writ of mandamus declaring unlawful that portion of the council's directive prohibiting in-person attendance at the special session, this section authorizes the council's consideration of the safety of people in exercising its operational authority over the capitol complex and therefore the council did not overstep its statutory authority in taking action to address pressing public safety concerns arising from the public's physical presence at a special legislative session.
Pirtle v. Legis. Council
, 2021-NMSC-026.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-6 - [Control of state library building and surrounding grounds.]

Notwithstanding the provisions of Chapter 6, Article 1, NMSA 1953, the exclusive control for the care, custody and maintenance of the building in which the state library is housed, and the surrounding grounds, are [is] transferred from the capitol custodian commission to the legislative council.
History:
1953 Comp., § 2-3-3.3, enacted by Laws 1970, ch. 85, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The provisions of Chapter 6, Article 1, 1953 Comp., referred to in this section, are compiled as 13-4-6 to 13-4-9, 13-5-3, 13-6-1, 13-6-3, 15-3-5 to 15-3-17, 15-4-1, 15-4-3, 15-5-1 to 15-5-6 NMSA 1978.
For abolishment of capitol custodian commission,
see
the compiler's note to 2-3-4 NMSA 1978.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-7 - [Insurance of building; records of transactions; contracts for care and management of property.]

The director of the legislative council service, under the direction of the legislative council, shall:
A. insure the building and its contents, including the valuable papers, documents and books;
B. keep a full and complete record of all transactions;
C. sign all contracts and other papers necessary to be signed in the care and management of the property under his control;
D. have custody and control of all maps, deeds, plats, plans and specifications, contracts, books and other papers connected with the building and grounds under his control;
E. provide for the preservation, repair, care, cleaning, heating and cooling and lighting of the building and improvements under his control;
F. provide for the care and beautifying of the grounds and premises;
G. employ the necessary employees and provide and enforce the rules and regulations for the conduct of such employees; and
H. make all rules and regulations for the conduct of all persons in and about the building and grounds under his control necessary and proper for the safety, care and preservation of the same.
History:
1953 Comp., § 2-3-3.4, enacted by Laws 1970, ch. 85, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Legislative council did not exceed its statutory authority in prohibiting in-person attendance at a special session of the legislature.
— Where, in response to a pervasive health crisis occasioned by the COVID-19 pandemic and consistent with the governor's executive orders encouraging all governmental branches to take steps to curb the spread of the virus and the secretary of health's emergency stay-at-home orders, the New Mexico legislative council, the legislative body entrusted with the care and custody of the state capitol, promulgated a directive prohibiting on-site, public attendance at an upcoming special legislative session that was called to address COVID-19-related issues, and where petitioners sought a writ of mandamus declaring unlawful that portion of the council's directive prohibiting in-person attendance at the special session, this section authorizes the council's consideration of the safety of people in exercising its operational authority over the capitol complex and therefore the council did not overstep its statutory authority in taking action to address pressing public safety concerns arising from the public's physical presence at a special legislative session.
Pirtle v. Legis. Council
, 2021-NMSC-026.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-8 - Purpose and duties of legislative council service.

The purpose and duties of the legislative council service shall be:
A. to assist the legislature of the state of New Mexico in the proper performance of its constitutional functions by providing its members with impartial and accurate information and reports concerning the legislative problems which come before them; by providing digests showing the practices of other states and foreign nations in dealing with similar problems;
B. when so requested to secure information for and to report to the legislators of this state on the social and economic effects of statutes of this state or elsewhere by cooperating with the legislative service agencies in other states and other reference agencies and libraries;
C. to furnish to the members of the legislature of this state the assistance of expert draftsmen, qualified to aid the legislators in the preparation of bills for introduction into the legislature;
D. to recommend to the legislature measures which will improve the form and working of the statutes of this state, and clarify and reconcile their provisions;
E. to provide for the legislature adequate staff facilities and to provide the adequate expert assistance without which no legislature can properly perform its required functions;
F. to prepare and index for printing as promptly as possible after the adjournment of each session the session laws therefor, which compilation shall include all resolutions and acts which the legislature has adopted or passed during the session, and have received the approval of the governor when such approval is necessary.
History:
1941 Comp., § 2-404, enacted by Laws 1951, ch. 182, § 4; 1953 Comp., § 2-3-4; Laws 1955, ch. 286, § 4.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-9 - [Codification of election laws; consultation with election officials.]

The legislative council shall instruct the legislative council service to codify all laws pertaining to elections. The codification shall be done in consultation with the secretary of state and other state and local election officials, and in such manner that conflicts or other matters requiring policy decisions and substantive revisions shall be shown in alternative provisions.
History:
1953 Comp., § 2-3-4.1, enacted by Laws 1967, ch. 271, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-10 - [Review of election laws; recommendations as to re-registration of voters; improvement of purge laws; information made available to legislature.]

After the codification with its alternative provisions is complete, the legislative council shall study the draft codification and alternate provisions, as well as any suggestions or recommendations made by election officials, and especially any substantive recommendations pertaining to statewide re-registration of voters and the improvement of the purge laws, and shall make this material available to members of the legislature.
History:
1953 Comp., § 2-3-4.2, enacted by Laws 1967, ch. 271, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-11 - [Director of service; qualifications; tenure; compensation.]

The legislative council service shall be in charge of a director appointed by the legislative council. He shall be appointed by it without reference to party affiliation, and solely on ground of fitness to perform the duties of his office. He shall be well versed in political science and in the methods of legal research and bill drafting, and, preferably, shall have legal training and shall have practical bill drafting experience. He shall hold office from the date of his appointment until such time as he be removed by majority vote of the legislative council so appointing him or of any succeeding legislative council, but in the event of any such removal, he shall be given six (6) months' notice of the termination of his appointment or shall be paid six (6) months' salary as terminal pay. He shall be paid such salary as shall be fixed by the legislative council and any necessary traveling expenses payable as salary and expenses as other state officials are paid.
History:
1941 Comp., § 2-405, enacted by Laws 1951, ch. 182, § 5; 1953 Comp., § 2-3-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
This section is not continuing appropriation;
a further, specific appropriation is necessary to authorize payment of public funds to pay for staff and other necessary support for interim activities of the legislature as allowed by N.M. Const., art. IV, § 30. 1985 Op. Att'y Gen. No. 85-02.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-12 - Duties of director; additional employees.

The director of the legislative council service shall recommend to the legislative council the appointment of such technical, clerical and stenographic assistants as may be necessary to carry out the provisions of this act, and the legislative council, upon concurring in such appointments, shall fix the compensation of each employee within the appropriations made by the legislature for the use of the legislative council. Such employees shall be appointed without regard to party affiliation and solely on ground of fitness to perform the duties of the position for which they are hired. For a period commencing approximately one month prior to each session and until approximately fifteen days after the final adjournment thereof, at any regular or special session, the director may employ, subject to the approval of the legislative council, at a compensation to be fixed by the council within its budget allowance, such extra stenographic and emergency assistants, including expert legal draftsmen qualified to aid the legislators in the preparation and drafting of bills for introduction into the legislature, as may be necessary to expeditiously handle the work of the council service immediately prior to, during and immediately after the legislative sessions.
History:
1941 Comp., § 2-406, enacted by Laws 1951, ch. 182, § 6; 1953 Comp., § 2-3-6; Laws 1955, ch. 286, § 5.
ANNOTATIONS
Compiler's notes.
— The words "this act" in the middle of the first sentence refer to Laws 1951, ch. 182, which is compiled as 2-3-1 to 2-3-3, 2-3-8 and 2-3-11 to 2-3-16 NMSA 1978.
Cross references.
— For director serving on commission for promotion of uniformity of legislation in the United States,
see
2-4-1 NMSA 1978.
For provision making director the ex-officio secretary of the commission on intergovernmental cooperation,
see
11-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-13 - [Services; confidential nature.]

Neither the director nor any employee of the council service shall reveal to any person outside of the service the contents or nature of any request or statement for service, except with the consent of the person making such request or statement. They shall not urge or oppose any legislation, nor give to any member of the legislature advice concerning the economic or social effect of any bill or proposed bill except upon the request of such member.
History:
1941 Comp., § 2-407, enacted by Laws 1951, ch. 182, § 7; 1953 Comp., § 2-3-7.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-13.1 - Legislative documents; gender-neutral language; legislative council service.

A. As used in this section:
(1) "gender-neutral" means language that does not expressly or implicitly refer to one gender to the real or apparent exclusion of the other and expressly or implicitly refers to both genders without distinguishing between them; and
(2) "gender-specific" means language that expressly or implicitly refers to one gender to the real or apparent exclusion of the other or expressly or implicitly refers to both genders and distinguishes between them.
B. Except as limited in Subsection C of this section, the legislative council service shall use gender-neutral language in drafting bills to enact, amend or revise laws and in drafting memorials, resolutions and other legislative documents; provided that gender-neutral language shall not be used if language is intended or required to be gender-specific or the intended meaning of language would otherwise be altered.
C. Whenever current laws and other published legislative documents are the subject of a legislative request to the legislative council service for amendment or revision, the legislative council service as part of its work shall replace gender-specific language with gender-neutral language where appropriate and reasonable.
History:
Laws 2013, ch. 141, § 1.
ANNOTATIONS
Effective dates.
— Laws 2013, ch. 141 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 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-14 - Quarters; files and indexes; cooperation with and by other agencies; cooperation with other states.

The legislative council and legislative council service shall be provided with adequate quarters at the state capitol where the council service will be conveniently accessible to the members of the legislature and to other persons having official business with it. The council service shall be kept open during the time provided by law for other state offices and when the legislature is in session, at such hours, day and night, as are most convenient to the legislators. It shall keep and file copies of all bills, resolutions, amendments, memorials, reports of committees, journals and other documents printed by order of either house of the legislature unless readily available elsewhere; and collect, catalog and index the same as soon as practicable after they have been printed; if appropriations are made therefor, keep an index of the action on each bill, resolution, memorial [and] amendment by each house of the legislature, by any committee of the legislature and by the governor. Such digests and indexes shall be printed and distributed at such intervals as the director may deem practicable.
The facilities of the state supreme court library, and of any other library maintained by the state, shall be available for the use of the council service, subject to the rules of such libraries. Each state department and all other state institutions shall, to a reasonable extent and upon request, furnish to the legislative council service such documents, material or information as may be requested by the members of the legislative council or by the director of the legislative council service, which are not made confidential by law. The legislative council service shall cooperate with the legislative service agencies of other states, and shall interchange information and research material with them.
History:
1941 Comp., § 2-408, enacted by Laws 1951, ch. 182, § 8; 1953 Comp., § 2-3-8; Laws 1955, ch. 286, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For protection of confidentiality of certain public records,
see
14-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-14.1 - State agencies; reports.

A. No state agency shall submit or send to the members of the legislature any material other than proposed legislation in excess of five pages.
B. Nothing in this section shall limit the response of any agency to a direct request of a legislator or group of legislators nor the submission of the executive budget.
C. All reports to the legislature by a state agency shall be filed in duplicate with the legislative council service and such reports shall not be subject to the page limitations of this section. The service shall compile a list of the reports submitted prior to each regular legislative session since the beginning of the previous regular session, listing the title and agency, and distribute the list among the legislators during the first week of the session.
D. Any legislator may request any report, including those listed pursuant to Subsection C of this section. Upon such a request, the state agency shall furnish the report to the legislator.
E. Compliance by a state agency with Subsection C of this section shall fulfill any requirement of a state agency to report to the legislature, unless the requirement is specifically exempted from the requirements of this section.
F. No state agency shall submit material bound other than by staples unless the bulk or other qualities of the material require other bindings; provided that in all cases the most economical method of binding and packaging shall be used.
G. For the purposes of this section "state agency" means any agency, division or instrumentality of the state, but does not include political subdivisions and educational institutions or any of the legislature's divsions [divisions], instrumentalities or committees.
History:
Laws 1985, ch. 19, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-15 - Reimbursement.

The director of the legislative council service and all technical, clerical and stenographic assistants shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] while on official duty in the same manner as other state employees. The members of the council and other members of the legislature approved by the council shall be reimbursed for travel on council business as provided in Section 2-1-9 NMSA 1978.
History:
1941 Comp., § 2-409, enacted by Laws 1951, ch. 182, § 9; 1953 Comp., § 2-3-9; Laws 1955, ch. 286, § 7; 1983, ch. 1, § 12.
ANNOTATIONS
Cross references.
— For compensation of state employees,
see
10-7-2 NMSA 1978.
Legislature intended 2-1-9 NMSA 1978 to govern certain reimbursements
to members of the legislative education study committee, the legislative council and the legislative finance committee. 1979 Op. Att'y Gen. No. 79-40.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-16 - [Cooperation of attorney general.]

The attorney general shall advise and consult with the legislative council and the legislative council service and render all legal services and service in the drafting of bills required when requested to do so by the said council or its representatives.
History:
1941 Comp., § 2-411, enacted by Laws 1951, ch. 182, § 11; 1953 Comp., § 2-3-10.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-17 - Expenditures of funds; budgets.

Payments from funds appropriated for the use of the legislative council and legislative council service shall be made only upon vouchers submitted to the department of finance and administration by the director of the legislative council or his authorized representative, and by warrants signed by the secretary of finance and administration.
History:
1953 Comp., § 2-3-11, enacted by Laws 1955, ch. 286, § 8; 1957, ch. 72, § 2; 1977, ch. 247, § 9.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-18 - Legislative fiscal analyst transferred.

The position of "legislative fiscal analyst" formerly existing as a joint position under the director of the legislative council and the legislative finance committee is transferred to the legislative council service. The legislative fiscal analyst shall be a staff member of the legislative council service. The legislative fiscal analyst shall assist the legislature, its various committees and individual legislators by providing, upon request, impartial and objective analysis of the fiscal problems of New Mexico's state and local government and such other financial information as may be required. The legislative fiscal analyst shall prepare and make available to all members of the legislature, upon request, quarterly reports concerning the financial condition of the state government. These reports shall contain information about revenues, expenditures and outstanding obligations of the state, and significant developments in areas affecting state finance.
The funds heretofore budgeted and appropriated for the salary and employee benefits of the legislative fiscal analyst, and his budgeted travel expense, and all files, equipment and other materials belonging to the legislative fiscal analyst are transferred with the position of the legislative fiscal analyst to the legislative council service.
Information in the files of the legislative council not made confidential by law shall be made available to the legislative finance committee upon request and information in the files of the legislative finance committee shall be available to the legislative council upon request.
History:
1953 Comp., § 2-3-12, enacted by Laws 1965, ch. 160, § 4.
ANNOTATIONS
Cross references.
— For confidential nature of services of the legislative council service,
see
2-3-13 NMSA 1978.
For cooperation with legislative finance committee,
see
2-5-7 NMSA 1978.
For confidentiality of certain public records,
see
14-2-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-19 - Capital outlay expenditure allocations; legislators and governor; publication.

The legislative council service shall publish on the legislative website a searchable list of capital projects that passed the legislature and the name of each legislator or the governor who allocated a portion of the capital outlay appropriation or bond authorization for each project and the amount of the allocation designated by each legislator and the governor. The capital projects list, including vetoes, shall be published thirty days after adjournment of each legislative session in which a capital projects list is approved by both chambers of the legislature.
History:
Laws 2021, ch. 122, § 1.
ANNOTATIONS
Applicability.
— Laws 2021, ch. 122, § 2 provided that Laws 2021, ch. 122, § 1 applies to the first session of the fifty-fifth legislature and succeeding legislatures.
Emergency clauses.
— Laws 2021, ch. 122, § 3 contained an emergency clause and was approved April 7, 2021.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 3 - Legislative Council › Section 2-3-20 - Required publication of appropriation allocations in a supplemental general appropriation act.

A. The legislative council service shall publish on the legislative website a searchable list of each appropriation contained in a supplemental general appropriation act that passes the legislature after January 17, 2023. The list shall include the name of each legislator who allocates a portion of each appropriation and the amount of the verified allocation. The list, including vetoes, shall be published thirty days after the adjournment of the legislative session in which the supplemental general appropriation act is approved by both chambers of the legislature.
B. For the purposes of this section, a "supplemental general appropriation act" is an act that includes appropriations:
(1) for the expense of the executive, legislative and judiciary departments that are supplemental to the appropriations contained in separate legislation specifically designated as the "general appropriation act" of the relevant calendar year; and
(2) that are comprised of allocations by each member of the legislature of specific sums to specific objects.
History:
Laws 2023, ch. 209, § 1.
ANNOTATIONS
Effective dates.
— Laws 2023, ch. 209, § 2 made Laws 2023, ch. 209, § 1 effective April 7, 2023.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 4 - Commission for Promotion of Uniform Legislation › Section 2-4-1 - Commission for the promotion of uniformity of legislation in the United States.

A. There is created a "commission for the promotion of uniformity of legislation in the United States", also known as the "uniform law commission". Its membership shall consist of:
(1) four members of the legislature, who are members of the state bar of New Mexico and who shall be appointed by the New Mexico legislative council, consisting of one member from each of the two major parties in the New Mexico senate and in the New Mexico house of representatives;
(2) any member of the New Mexico bar who has represented New Mexico as a member of the uniform law commission for twenty or more years and who has been elected as a life member of the uniform law commission;
(3) four members of the New Mexico bar, who shall be appointed by the New Mexico legislative council;
(4) two members of the New Mexico bar, who shall be appointed by the governor;
(5) the dean of the university of New Mexico law school or the dean's designee; and
(6) the director of the legislative council service, who shall serve ex officio.
B. The members shall be known as "uniform law commissioners" whose purpose is to promote uniformity of legislation in the United States.
History:
1953 Comp., § 2-4-1, enacted by Laws 1967, ch. 234, § 1; 1989, ch. 119, § 1; 1999, ch. 25, § 1; 2009, ch. 161, § 1.
ANNOTATIONS
The 2009 amendment,
effective July 1, 2009, in Subsection A, after "United States", added "also known as the 'uniform law commission'"; added Paragraph (2) of Subsection A; and in Paragraph (3) of Subsection A, after "legislative council", deleted "and who shall serve on the commission at their own expense"; and in Subsection B, after "members shall be known as", deleted "'commissioners for the promotion of uniformity of legislation in the United States'" and added "'uniform law commissioners' whose purpose is to promote uniformity of legislation in the United States".
The 1999 amendment,
effective July 1, 1999, substituted "four members" for "two members" at the beginning of Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
82 C.J.S. Statutes §§ 73, 358 to 361.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 4 - Commission for Promotion of Uniform Legislation › Section 2-4-2 - [Duties of commissioners.]

It shall be the duty of said commissioners to examine the subjects of marriage, divorce and other subjects of legislation concerning which uniform legislation throughout the United States is desirable; to confer with like commissioners from other states concerning such matters, and to use their best efforts in bringing about such uniformity of legislation on all subjects which they deem desirable.
History:
Laws 1917, ch. 77, § 2; C.S. 1929, § 134-1502; 1941 Comp., § 3-402; 1953 Comp., § 2-4-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
Cross references.
— For duties of commission on intergovernmental cooperation, including formulating proposals for, and facilitation of, uniform legislation,
see
11-2-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 4 - Commission for Promotion of Uniform Legislation › Section 2-4-3 - [Report to legislature.]

Said commissioners shall report to the legislature from time to time, giving the result of their investigations, and making such recommendations with respect to the adoption of uniform legislation as they may deem proper.
History:
Laws 1917, ch. 77, § 4; C.S. 1929, § 134-1504; 1941 Comp., § 3-404; 1953 Comp., § 2-4-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and it is not part of the law.
2023 New Mexico Statutes › Chapter 2 - Legislative Branch › Article 5 - Legislative Fiscal Control › Section 2-5-2 - Legislative finance committee staff.

The position of "director of the legislative finance committee" is created. The director shall be hired by the legislative finance committee, and shall serve at the pleasure of the legislative finance committee. The director shall be provided with the necessary office space, supplies, equipment and assistants by the legislative finance committee. His salary shall be set by the legislative finance committee.
History:
1953 Comp., § 2-5-2, enacted by Laws 1957, ch. 3, § 2; 1965, ch. 160, § 1.
ANNOTATIONS
This section is not continuing appropriation;
a further, specific appropriation is necessary to authorize payment of public funds to pay for staff and other necessary support for interim activities of the legislature as allowed by N.M. Const., art. IV, § 30. 1985 Op. Att'y Gen. No. 85-02.