Chapter 12 — Chapter 12

That a flag be and the same is hereby adopted to be used on all occasions when the state is officially and publicly represented, with the privilege of use by all citizens upon such occasions as they may deem fitting and appropriate. Said flag shall be the ancient Zia sun symbol o…

A. If a New Mexico state flag is no longer used or useful as an emblem for display, the flag may be destroyed, preferably by burning, in a ceremony or in another dignified manner that emphasizes its honor as a fitting emblem of New Mexico. B. The retirement of a New Mexico state …

The official salute to the state flag is: "I salute the flag of the state of New Mexico, the Zia symbol of perfect friendship among united cultures." History: 1953 Comp., § 4-14-2.1, enacted by Laws 1963, ch. 120, § 1.

state vegetables; state gem; state grass; state fossil; state cookie; state insect; state question; state answer; state nickname; state butterfly; state reptile; state amphibian; state aircraft; state historic railroad; state tie; state necklace; state aroma. A. The yucca flower …

That the words and music of the song written by Elizabeth Garrett, entitled, "O, Fair New Mexico," as follows: Under a sky of azure, where balmy breezes blow; Kissed by the golden sunshine, is Nuevo Mejico. Home of the Montezuma, with fiery heart aglow, State of the deeds histori…

The words and music of "Asi Es Nuevo Mejico," written by Amadeo Lucero, are declared to be the Spanish language state song subject to the state of New Mexico acquiring ownership and copyright of this song. The words are: Un canto que traigo muy dentro del alma Lo canto a mi estad…

The official Spanish language salute to the state flag is: Saludo la bandera del estado de Nuevo Mejico, el simbolo zia de amistad perfecta, entre culturas unidas. History: 1953 Comp., § 4-14-4.2, enacted by Laws 1973, ch. 185, § 1.

A copy of said [state] song exhibited with this bill shall be filed with the secretary of the state to be by him lodged in the archives of his office. History: Laws 1917, ch. 108, § 2; C.S. 1929, § 136-102; 1941 Comp., § 3-1305; 1953 Comp., § 4-14-5.

The official state slogan for business, commerce and industry in New Mexico is: "Everybody is somebody in New Mexico." History: 1953 Comp., § 4-14-6, enacted by Laws 1975, ch. 129, § 1.

That it is the public policy of the state of New Mexico that no communist organization, affiliate of the communist party or supporter or advocate of communistic doctrine or any person or organization which believes in, teaches or advocates the overthrow of the government of the U…

That to effectuate the public policy as set out in Section 1 [12-4-1 NMSA 1978] hereinabove every communist organization, affiliate of the communist party or supporter or advocate of communistic doctrine, or any person or organization which believes in, teaches or advocates the o…

That the officers of any organization, association, party or group which shall fail to register under the provisions of this act [12-4-1 to 12-4-3 NMSA 1978], or any person who shall knowingly fail to comply with the provisions of this act, shall be guilty of a felony and on conv…

The second Friday in March of each year shall be set apart and known as Arbor Day, to be observed by the people of this state in the planting of forest trees for the benefit and adornment of public and private grounds, places and ways, and in such other efforts and undertakings a…

February 2 of each year shall be set apart and known as "Guadalupe Hidalgo treaty day" in recognition and commemoration of the day in 1848 on which the Treaty of Peace, Friendship, Limits and Settlement, commonly known as the Treaty of Guadalupe Hidalgo, was executed between the …

The governor shall proclaim the second Sunday in September of each year as "Family Day". Suitable exercises for the observance of the day shall be held in the state capitol and elsewhere as the governor designates. History: Laws 1999, ch. 50, § 1.

The second Friday of February of each year shall be set apart and be known as "African-American day", in recognition of the many contributions and sacrifices African- Americans have made to ensure the rights of all Americans, so that they may be free and equal citizens and full p…

The second Tuesday of February of each odd-numbered year shall be known and celebrated as "Hispanic culture day" in recognition of the many contributions, sacrifices and accomplishments of Hispanic people from throughout the world who have built New Mexico into a beautiful and dy…

The "Juneteenth Freedom Day" is created. It shall be commemorated on the third Saturday in June of each year and be observed by: A. reflecting on the history of African-American slavery in the United States; the experience of Africans brought to the United States in a five- to tw…

The governor shall declare the second Monday in June of each year "Hemophilia Awareness Day". History: Laws 2007, ch. 98, § 1.

September 11 of each year shall be set apart and known as "Firefighter Day of Remembrance", celebrating the important, brave and compassionate work of firefighters and honoring all firefighters who have fallen in the line of duty. History: Laws 2007, ch. 241, § 1.

The first Saturday of August of each year shall be set apart and known as "New Mexico Youth Day", celebrating the importance of children in New Mexico. This day shall be observed by the people of New Mexico with activities encouraging parents and guardians to spend time with thei…

The month of April is designated "Bataan-Corregidor heritage month". The month shall be observed by the people of New Mexico in such efforts and undertakings as shall be in harmony with the general character of the month so established. History: Laws 2013, ch. 2, § 1.

October 30 of each year shall be set apart and known as "Rudolfo Anaya I Love to Read Day" in recognition of the contributions made by Rudolfo Anaya to the culture and literature of New Mexico, of his commitment to the teaching of literature and of the critical need to improve th…

Legal public holidays in New Mexico are: A. New Year's day, January 1; B. Martin Luther King, Jr.'s birthday, third Monday in January; C. Washington's and Lincoln's birthday, President's day, third Monday in February; D. Memorial day, last Monday in May; E. Independence day, July…

The first Tuesday of February of each odd-numbered year shall be known and celebrated as "Asian American, Pacific Islander and Native Hawaiian Day" in recognition of the many cultural, economic and historic contributions and sacrifices Asian Americans, Pacific Islanders, Native H…

April 10 of each year shall be set apart and known as "Dolores Huerta Day", in recognition of the contributions made by labor activist Dolores Huerta, who was born in Dawson, New Mexico, in her work to improve social and economic conditions for farm workers. Dolores Huerta Day is…

August of each year shall be set apart and known as "Red and Green Chile Month" in recognition of the impact chile has in New Mexico. Chile represents the blending of cultures and traditions that have shaped New Mexico over centuries. The rise from its indigenous roots through it…

A. Whenever a legal public holiday falls on Sunday, the following Monday is a legal public holiday. B. Any bill, check or note presentable for acceptance or payment on a legal public holiday or on a Sunday is payable and presentable for acceptance or payment on the next business …

In appreciation of the splendid work as a writer and war correspondent, and the great credit reflected upon the state of New Mexico by Ernie Pyle, one of her outstanding citizens, his birthday, August 3rd, of each year, is hereby designated as Ernie Pyle Day, upon which appropria…

The governor shall designate for the benefit of the state of New Mexico in connection with an annual celebration held in the Espanola valley each year during the month of July, a day during said month to be known as Onate Day. History: 1941 Comp., § 59-108, enacted by Laws 1949, …

The month of February is designated "American History Month." History: 1953 Comp., § 56-1-6, enacted by Laws 1971, ch. 10, § 1.

In honor of the brave and patriotic New Mexicans composing the 200th and 515th Coast Artillery Regiments (anti-aircraft) who served in the Philippine Islands during World War Two, fighting insuperable odds and enduring every deprivation, and who, following surrender, entered upon…

ANNOTATIONS Repeals. — Laws 1987, ch. 309, § 2 repealed 12-5-8 NMSA 1978, as enacted by Laws 1983, ch. 235, § 1, relating to Martin Luther King, Jr.'s birthday, effective June 19, 1987. For present comparable provisions, see 12-5-2 NMSA 1978.

The first Friday of February of each year shall be set apart and be known as "American Indian day", in recognition of the many contributions of the American Indians to the economic and cultural heritage of all the citizens of the United States. This day shall be observed by the p…

Sections 12-6-1 through 12-6-14 [12-6-15] NMSA 1978 may be cited as the "Audit Act." History: 1953 Comp., § 4-31-1, enacted by Laws 1969, ch. 68, § 1.

A. The governing authority of each agency shall, at the end of each fiscal year, conduct a physical inventory of movable chattels and equipment costing more than five thousand dollars ($5,000) and under the control of the governing authority. This inventory shall include all mova…

A. Oaths may be administered by the state auditor when necessary for an audit or examination. B. When necessary for an audit or examination, the state auditor may apply to the district court of Santa Fe county for issuance of a subpoena to compel the attendance of witnesses and t…

The state auditor shall promulgate reasonable regulations necessary to carry out the duties of his office, including regulations required for conducting audits in accordance with generally accepted auditing standards. The regulations become effective upon filing in accordance wit…

A. There is created in the state treasury the "audit fund" into which the state auditor shall deposit all fees and costs received from agencies audited by him. B. Payments for salaries and expenses of the state auditor shall be made from the audit fund, and the fund shall not rev…

A. The state auditor shall notify each agency designated for audit by an independent auditor, and the agency shall enter into a contract with an independent auditor of its choice in accordance with procedures prescribed by rules of the state auditor; provided, however, that a sta…

Within six months after the report is due to the state auditor, each of the educational retirement board, the office of the state treasurer, the public employees retirement association and the state investment council shall present the agency's current annual financial audit repo…

As used in the Audit Act: A. "agency" means: (1) any department, institution, board, bureau, court, commission, district or committee of the government of the state, including district courts, magistrate or metropolitan courts, district attorneys and charitable institutions for w…

A. Except as otherwise provided in Subsection B of this section, the financial affairs of every agency shall be thoroughly examined and audited each year by the state auditor, personnel of the state auditor's office designated by the state auditor or independent auditors approved…

The reasonable cost of all audits shall be borne by the agency audited, except that: A. a public housing authority other than a regional housing authority shall not bear the cost of an audit conducted solely at the request of its local primary government entity; and B. the admini…

A. The state auditor shall cause a complete written report to be made of each annual or special audit and examination made. Each report shall set out in detail, in a separate section, any violation of law or good accounting practices found by the audit or examination. Each report…

Immediately upon discovery of any violation of a criminal statute in connection with financial affairs, the state auditor shall report the violation to the proper prosecuting officer and furnish the officer with all data and information in his possession relative to the violation…

A. The state auditor shall notify the appropriate surety on the official bond whenever an audit discloses a shortage in the accounts of any agency. Failure to notify the surety, however, does not release the surety from any obligation under the bond. B. Sureties upon official bon…

If restitution has not been made in thirty days from the receipt by an agency of a report of an audit reflecting a shortage of funds for which the agency is accountable under law, suit to enforce repayment or refund to the agency may be brought by the state auditor. History: 1953…

The state auditor may: A. require depositories of public money to furnish reconciliation sheets for the purpose of checking the deposits of public funds; B. inspect the books and records of any depository concerning public funds; and C. examine employees of a depository under oat…

This act [12-8-1 to 12-8-25 NMSA 1978] may be cited as the "Administrative Procedures Act." History: 1953 Comp., § 4-32-1, enacted by Laws 1969, ch. 252, § 1.