74 sections in this chapter.
NMSA 1978, § 8-1-1 Compensation of elective state officers
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A. Annual compensation of elective state officers shall be paid as follows: governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $169,714 lieutenant governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144,71…
NMSA 1978, § 8-2-1 Policy of legislature
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It is the policy of the legislature that the transition from the administration of one governor to the administration of another governor be orderly and without friction and confusion. The legislature finds that the lag between the election and the inauguration of a new governor …
NMSA 1978, § 8-2-2 Governor-elect; office space and equipment
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Whenever the governor-elect is a different individual than the incumbent governor, the legislative council shall upon his certification of election provide suitable office space in the legislative building and furniture and equipment for the temporary use of the governor-elect an…
NMSA 1978, § 8-2-3 Access to budget information
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The secretary of finance and administration shall fully cooperate with the governor- elect and his staff and shall permit the governor-elect to have full access to all reports, hearings, information and data pertaining to the proposed executive budget. History: 1953 Comp., § 4-28…
NMSA 1978, § 8-3-1 Lieutenant governor; powers and duties
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The lieutenant governor in addition to his other duties provided by law shall have the following powers and duties: A. the lieutenant governor shall: (1) facilitate and promote the cooperation and understanding between the people of this state and the agencies of state government…
NMSA 1978, § 8-3-2 Attorney general; cooperation of agencies
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A. The attorney general shall provide, upon request, legal opinion and advice to the lieutenant governor. B. All state agencies shall cooperate with the lieutenant governor in the performance of his duties. History: 1953 Comp., § 4-1-4, enacted by Laws 1971, ch. 138, § 2.
NMSA 1978, § 8-3-3 Repealed
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History: 1953 Comp., § 4-1-5, enacted by Laws 1971, ch. 138, § 3; 1977, ch. 346, § 1; 1980, ch. 133, § 2; 1981, ch. 286, § 2; 1986, ch. 49, § 2; 1989, ch. 237, § 2; 2002, ch. 95, § 2; 1978 Comp., § 8-3-3, repealed by Laws 2023, ch. 131, § 2.
NMSA 1978, § 8-4-1 Repealed
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ANNOTATIONS Repeals. — Laws 1978, ch. 132, § 6, repealed 4-2-1, 1953 Comp. (8-4-1 NMSA 1978), relating to payment of bond premium for secretary of state, effective March 6, 1978.
NMSA 1978, § 8-4-2 [Chief clerk as assistant; appointment; oath; bond.]
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The secretary of state is hereby authorized to appoint his chief clerk to be assistant secretary. Such assistant secretary shall, before entering upon the discharge of his duties give bond to the state in the sum of five thousand dollars ($5,000.00), which bond shall be approved …
NMSA 1978, § 8-4-3 [Assistant secretary; powers.]
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The assistant secretary shall have power, in the absence of the secretary, to file all instruments required by the laws of New Mexico to be filed in the office of the secretary of state, and to certify to copies thereof, under his hand and the great seal of the state, with the sa…
NMSA 1978, § 8-4-4 Fees of secretary of state
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A. The secretary of state shall collect the following fees to be deposited with the state treasurer for credit to the general fund: (1) photocopies of records, per page ------------------------------------------------------ --------------------- twenty-five cents ($.25); (2) each…
NMSA 1978, § 8-4-5 Bureau of elections created; organization; duties
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There is created within the office of the secretary of state a "bureau of elections." The bureau of elections shall be headed by a director who shall be appointed by the secretary of state and who shall be knowledgeable in the election laws of the state. The bureau of elections s…
NMSA 1978, § 8-4-6 Distribution of session laws
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A. The secretary of state shall transmit copies of the session laws without charge as follows: (1) one copy to each New Mexico supreme court justice; (2) one copy to each New Mexico court of appeals judge; (3) one copy to each New Mexico district court judge; (4) five copies to t…
NMSA 1978, § 8-4-7 Corporations
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As of July 1, 2013, the secretary of state, pursuant to Article 11, Section 19 of the constitution of New Mexico, shall assume responsibility for chartering corporations as provided by law, including the performance of the functions of the former corporations bureau of the public…
NMSA 1978, § 8-5-1 [Creation of department of justice.]
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That the department of justice be, and same is hereby created, with the attorney general as head thereof, which shall be located at the seat of government. History: Laws 1933, ch. 21, § 1; 1941 Comp., § 3-301; 1953 Comp., § 4-3-1.
NMSA 1978, § 8-5-14 Repealed
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History: 1953 Comp., § 4-3-15, enacted by Laws 1959, ch. 21, § 7; 1979, ch. 106, § 3; repealed by Laws 2019, ch. 74, § 10.
NMSA 1978, § 8-5-15 [Representation of officer, deputy, assistant, agent or
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employee of state or state institution.] The attorney general of New Mexico is directed to act, if requested, as attorney for any officer, deputy, assistant, agent or employee of the state or of a state institution in the event such person is named as a party in any civil action …
NMSA 1978, § 8-5-16 Repealed
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History: Laws 1995, ch. 140, § 1; repealed by Laws 2003, ch. 280, § 8.
NMSA 1978, § 8-5-17 Attorney general; consumer representation before
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commission. A. The attorney general shall represent residential and small business consumers in matters before the public regulation commission as the attorney general deems appropriate. B. The attorney general: (1) shall research, study and analyze residential and small business…
NMSA 1978, § 8-5-18 Guadalupe Hidalgo treaty division
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A. The "Guadalupe Hidalgo treaty division" is created within the office of the attorney general. The division shall review, oversee and address concerns relating to the provisions of the Treaty of Guadalupe Hidalgo that have not been implemented or observed in the spirit of Artic…
NMSA 1978, § 8-5-19 Attorney general; authority to investigate and prosecute
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missing indigenous persons cases. The attorney general shall assist, with the consent of an Indian nation, tribe or pueblo, with the investigation and prosecution of all missing persons cases in which one or more indigenous persons are reasonably believed to be victims pursuant t…
NMSA 1978, § 8-5-2 Duties of attorney general
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Except as otherwise provided by law, the attorney general shall: A. prosecute and defend all causes in the supreme court and court of appeals in which the state is a party or interested; B. prosecute and defend in any other court or tribunal all actions and proceedings, civil or …
NMSA 1978, § 8-5-2.1 Attorney general; legal service fees for state agencies
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The attorney general may charge state agencies, as defined herein, for the provision of legal services in noncriminal cases requested by the agencies according to a fee schedule approved by the department of finance and administration. For the purpose of this section "state agenc…
NMSA 1978, § 8-5-20 Missing indigenous persons specialists; duties
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A. The position of "missing indigenous persons specialist" is created within the office of the attorney general. B. The attorney general shall employ one or more missing indigenous persons specialists, who shall work in collaboration with local, state, federal and tribal law enfo…
NMSA 1978, § 8-5-21 Repealed
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History: Laws 2022, ch. 2, § 3; repealed by Laws 2022, ch. 2, § 6.
NMSA 1978, § 8-5-22 Repealed
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History: Laws 2022, ch. 2, § 4; repealed by Laws 2022, ch. 2, § 6.
NMSA 1978, § 8-5-3 [Action in civil and criminal cases.]
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That upon the failure or refusal of any district attorney to act in any criminal or civil case or matter in which the county, state or any department thereof is a party or has an interest, the attorney general be, and he is hereby, authorized to act on behalf of said county, stat…
NMSA 1978, § 8-5-4 [Employment of legal assistance for departments.]
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No compensation shall be allowed to any person for services as an attorney or counsellor [counselor] to any department of the state government, or the head thereof, or to any state board or commission, except in cases specially authorized by law, but special legal assistance, may…
NMSA 1978, § 8-5-5 Assistant attorneys general; other employees; appointment
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A. The attorney general may appoint a deputy attorney general and as many other assistant attorneys general together with stenographic, clerical and other necessary employees on a full- or part-time basis, at salaries to be fixed by him within budget allowances and appropriation …
NMSA 1978, § 8-5-6 Opinions and report
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The New Mexico compilation commission shall receive all opinions and advisory letters of the attorney general and shall maintain the attorney general's opinions and advisory letters as part of the master database of the commission. The attorney general shall provide the commissio…
NMSA 1978, § 8-5-7 Repealed
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History: 1953 Comp., § 4-3-8, enacted by Laws 1959, ch. 20, § 2; 1979, ch. 106, § 2; repealed by Laws 2019, ch. 74, § 10.
NMSA 1978, § 8-6-1 [Treasurer and auditor; offices; bonds.]
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The state treasurer and the state auditor shall keep their offices at the seat of government of the state. They shall, before entering upon the discharge of their duties, respectively, execute, and deliver to the secretary of state a bond to the state in the sum of three hundred …
NMSA 1978, § 8-6-2 Seal of state treasurer
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There is adopted an official seal of the treasurer of the state of New Mexico. The seal shall be in substantially the following form: The seal above has not been amended or altered in any way. The seal shall contain the words "Treasurer of the State of New Mexico" running clockwi…
NMSA 1978, § 8-6-3 Duties of treasurer; receipts
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The state treasurer shall receive and keep all money of the state except when otherwise specially provided; disburse the public money upon warrants drawn according to law and not otherwise; keep a just, true and comprehensive account of all money received and disbursed; render th…
NMSA 1978, § 8-6-3.1 State cash manager; powers and duties
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A. The "office of the state cash manager" is established under the office of the state treasurer. The state treasurer shall appoint the state cash manager, who shall manage efficiently all state cash balances in the custody of the state not otherwise invested or deposited, and in…
NMSA 1978, § 8-6-4 Disbursement of funds; warrant from secretary; interest
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It shall be unlawful for the state treasurer to disburse or pay out any funds in his hands, the proceeds of any regular or special tax or any moneys that may come to his hands as treasurer of the state of New Mexico, except on warrant of the secretary of finance and administratio…
NMSA 1978, § 8-6-5 Repealed
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ANNOTATIONS Repeals. — Laws 1983, ch. 265, § 62, repealed 8-6-5 NMSA 1978, as enacted by Laws 1921, ch. 124, § 1, relating to registration of bonds and debentures by treasurer, effective April 7, 1983.
NMSA 1978, § 8-6-6 [Malfeasance and neglect of duty by auditor or treasurer.]
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If the auditor or treasurer shall wilfully [willfully] neglect or refuse to perform any duty enjoined by law, or shall be guilty of any oppression or extortion in the performance of any legal duty, or shall receive any fee or reward for the performance of any legal duty not allow…
NMSA 1978, § 8-6-7 Wrongful drawing or payment of warrant by secretary or
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treasurer; penalty. A. If the secretary of finance and administration draws any warrant on the state treasurer when he knows or, with the use of available accounting information, should reasonably know there is an insufficient unexpended and unencumbered balance available for the…
NMSA 1978, § 8-7-1 Repealed
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History: Laws 1997, ch. 262, § 1; repealed by Laws 2020, ch. 9, § 60.
NMSA 1978, § 8-7-11 Repealed
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History: 1978 Comp., § 8-7-11, enacted by Laws 2001 (1st S.S.), ch. 3, § 8; repealed by Laws 2020, ch. 9, § 60.
NMSA 1978, § 8-7-12 [Public regulation commission districts.]
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Public regulation commission district one is composed of Bernalillo county precincts 4 through 18, 20 through 30, 39, 86, 107, 108, 119 through 121, 125, 131, 150 through 154, 161 through 166, 180 through 187, 191 through 197, 211, 212, 215, 216, 241 through 246, 251 through 258,…
NMSA 1978, § 8-7-2 Repealed
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History: Laws 1997, ch. 262, § 2; repealed by Laws 2020, ch. 9, § 60.
NMSA 1978, § 8-7-3 Repealed
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History: Laws 1997, ch. 262, § 3; repealed by Laws 2020, ch. 9, § 60.
NMSA 1978, § 8-7-4 Repealed
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History: Laws 1997, ch. 262, § 4; 2001 (1st S.S.), ch. 3, § 1; repealed by Laws 2020, ch. 9, § 60.
NMSA 1978, § 8-7-5 Repealed
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History: Laws 1997, ch. 262, § 5; 2001 (1st S.S.), ch. 3, § 2; repealed by Laws 2020, ch. 9, § 60.
NMSA 1978, § 8-8-1 Recompiled
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History: Laws 1998, ch. 108, § 1; 2007, ch. 161, § 1; § 8-8-1, recompiled and amended as § 62-19-1 by Laws 2020, ch. 9, § 15.
NMSA 1978, § 8-8-10 Recompiled
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History: Laws 1998, ch. 108, § 10; § 8-8-10, recompiled as § 62-19-15 by Laws 2020, ch. 9, § 59.
NMSA 1978, § 8-8-11 Recompiled
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History: Laws 1998, ch. 108, § 11; § 8-8-11; recompiled as § 62-19-16 by Laws 2020, ch. 9, § 59.
NMSA 1978, § 8-8-12 Recompiled
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History: Laws 1998, ch. 108, § 12; 2003, ch. 346, § 1; § 8-8-12, recompiled as § 62-19- 17 by Laws 2020, ch. 9, § 59.