Do Sections 4-44-4 through 4-44-12 NMSA 1978 violate Article IV, Section 27 of New Mexico Constitution insofar as they authorize salaries for elected county officers which are greater than those previously fixed by law?
Does the New Mexico Constitution permit the inclusion of the substantive provisions of House Appropriations and Finance Committee substitute for
House Bill 51 (House Bill 51) and House Bill 211, as they are now written, in House Bill two, the 1983 General Appropriations Act?
a. Does Chapter 297, Laws of New Mexico 1983, take precedence over
the Personnel Act. Section 10-9-1 NMSA et. seq.?
b. Does Chapter 297, Laws of New Mexico 1983, require both the referenced positions and the employees occupying those positions to be exempt? If it does, are the rights of the employees being affected unlawfully?
Were amounts paid to state employees for sick leave under the state's estab-
lished sick leave policy or system " wages" for FICA tax purposes, as
defined by 42 USC §409(b) prior to its 1981 amendments? In other words,
does the State of New Mexico have legal authority to make payments to state employees II on account of sickness"?
Does a Special Zoning District Commission continue to exercise con-
current zoning jurisdiction with a municipality after a portion of the
territory in the special zoning district is annexed into a municipality?
When does a county become responsible for paying for the expensesand upkeep of prisoners. arrested on state criminal charges by municipal lawenforcement officers?
When does a county become responsible far paying for medical costs of indigent prisoners arrested on state criminal charges by municipal law enforcement officers?
Article V, section 1 of the City Charter of the City of Albuquerque provides in part that no elector may be a candidate for the office of Mayor who holds a full-time elective office other than Mayor or Mayor Pro Tern. Is this
Does the State of New Mexico have authority under . State law to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from disabled infants with life-threatening conditions?
Section 31-21-10 (A) NMSA 1978 states that a defendantsentenced to life imprisonment as a result of the commissionof a capital felony does not become eligible for parole untilhe has served 30 years of his sentence. Can this minimumeligibility date be reduced by good time awards?
Questions surrounding developers of a subdivision, the plat for which
was approved under the 1963 Land Subdivision Act, Sections 47-5-1
et seq., NMSA 1978 (the "1963 Act"), application to the county board of
commissioners for approval of a new subdivision plat pursuant to
the 1973 Subdivision Act, Sections 47-6-1, et seq., NMSA 1978"1973 Act") and current county subdivision regulations.
May incumbent Santa Fe City Council members, unable to receive pay
increases voted for new council members but who assume duties and
responsibilities not assumed by all members, receive additional
compensation for the performance of such duties?
1. Can the Financial Institutions Division issue a trust company certificate to a New Mexico Corporation if all of its common stock is owned by an out-of-state bank holding company?
2. If a trust certificate is issued, can the resulting trust company operate in the main office or branches of banks owned by the holding company?
Is the Property Control Division of the General Services Department ("GSD") required to pay the levies assessed by the Middle Rio Grande Conservancy District ("MRGCD") on real property owned by the Property Control Division within the MRGCD?
Whether a small loan licensee doing business under the Bank Installment Loan Act, section 58-7-1 et seq. NMSA 1978, may charge a "non-filing insurance" fee in lieu of charging fees for filing security agreements with county officials.
Does a New Mexico judge have power to require, as a condition to suspension of execution of a fine or as a condition of probation, that a defendant pay money to a charitable or other non-governmental organization in no way aggrieved by the defen-dant's offense?
Whether the definition of "licensed premises" contained in NMSA 1978, Subsection 60-3A-3(L) will permit the licensing of two or more totally independent structures under a single liquor license where one of the structures is already licensed as a full service lounge and the licensee proposes to operate a restaurant, also to provide full service liquor sales, in another structure located several hundred yards away from the lounge.
Does a county commission or county council have any general superintending authority over other elected county officials? If so, to what extent? and if they do not, what remedy is available to discipline these officials when they do not perform the duties of the office in an appropriate manner, even in violation of the law?
1. In view of the provisions of section 2-5-1 NMSA Comp. what
members of the Legislative Finance Committee have a right to cast
a vote on issues considered by the Committee which require a vote
by the membership of the Committee?
2. Do advisory members of the Committee have a right to vote,
either to adopt or reject an issue, under the terms of the above
3. In view of the provisions of section 2-5-1 NMSA 1978 Comp.
does the appointing authority, whether acting separately or
jointly, have the power to create advisory members and invest them
with voting privileges?
Whether proceeds from the sale of property seized before November 25, 1986 under the New Mexico Controlled Substances Act, but not disposed of by order of the District Court, may be channeled to the state police bureau of narcotics instead of the Public School Fund.
Is a law enforcement agency prohibited by the Children's Code, the Arrest Record Information Act or any other law of the State of New Mexico from releasing to the public the names of juveniles who have been arrested for criminal acts, and the charges for which they were arrested?
Whether a title insurance company acting as escrow agent can retain for its own benefit interest paid by a financial institution on escrow accounts without express permission from the customer or written contract allowing this payment of interest as compensation.
Is private property discovered to contain human remains presumed to be soldiers killed in the battle of Glorieta on March 28, 1862, a cemetery within the meaning of Section 30-12-12 NMSA 1978 so as to require the Museum Division of the Office of Cultural Affairs to petition the district prior to excavating the site and disinterring the remains pursuant to the Cultural Properties Act, Sections 18-6-1 through 18-6-7 NMSA 1978 (Cum. Supp. 1986).
Whether the Public Employees' Retirement Board's administrator's agreement with PEBSCO, which expires in October, 1987, must be let for proposals pursuant to the Procurement Code, Sections 13-1-28 to 13-1-199 NMSA 1978.
May the department of education implement the provisions contained in article XII, section 6, paragraph E of the New Mexico Constitution notwithstanding the lack of legislation transferring the powers now vested in the office education?
Is it legal for state agencies to engage in collective bargaining with their employees?
Are the Rules for Labor-Management Relations which the State Personnel Board promulgated in the past authorized under New Mexico Law?
May the State Board of Education, pursuant to the terms of Section 22-2-7 NMSA, 1978 require that the State Superintendent of Public Instruction and designated employees of the State Department of Education obtain bonds in excess of those obtained pursuant to the Surety Bond Act?
Is the beef council a state agency as defined by Sections 6-3-1 and 6-3-9 N.M.S.A. 1978 of the Budget Act?
Is the beef council required to submit an annual operating budget and budget request to the State Budget Division of the Department of Finance and Administration pursuant to sections 6-3-7 and 6-3-19 N.M.S.A. 1978?
Are funds received by the beef council subject to legislative appropriation?
Whether section 2 of SB 282 amended 13-1-98 of the Procurement Code to permit local public bodies to enter into contracts with an independent contractor for construction and operation of a jail facility without competitive bidding.
Whether section 2 of SB 282 amended 13-1-98 of the Procurement Code to exempt the financing and design of a jail facility provided under sections 33-3-26 and 33-3-27 NMSA 1978 from the Code.
May lodger's tax revenues be used to support a toll-free "800" telephone service maintained by the Red River Chamber of Commerce pursuant to a contract or services agreement with the town of Red River?
For purposes of calculating the state's distribution to a school district in accordance with the Public School Capital Improvements Act, does the phrase, "the product obtained by the tax rate imposed in the district," contained in Section 22-25-9 NMSA 1978 refer to the tax rate authorized by Section 22-25-3 NMSA 1978 or the lower rate required by operation of the rate limitation provisions of Section 7-37-7.1 NMSA 1978?
Does the two percent administrative charge authorized by Section 7-38-38.1 NMSA 1978 affect the state's distribution to a school district pursuant to Section 22-25-9 NMSA 1978?
Is there currently a binding collective bargaining agreement between the Division of Vocational Rehabilitation ("DVR") and the American Federation of State, County and Municipal Employees ("AFSCME")?
Is DVR under any statutory or regulatory duty to continue to seek a successor agreement with AFSCME through negotiation, mediation or fact-finding?
Does the Procurement Code or other relevant state law, rule or regulation require the State Fair Commission to use a bid or request for proposal process when extending leases beyond the term of an existing contract?
Whether the Environmental Improvement Board can make minor, nonsubstantive corrections, such as typographical and grammatical
corrections, to its regulations after a public hearing on the regulations but prior to filing.
Does the New Mexico State Racing Commission have the authority to prohibit an attorney from representing a client before the Commission in adjudicatory proceedings or public hearings on the basis of alleged misconduct?
Does Section 18-6-9.1 of the Cultural Properties Act, Sections 18-6-1 through 18-6-17 NMSA (Supp. 1986), enable the state historic preservation officer to participate in the Environmental Improvement Division's deliberation whether to license a private discharge plan when the license would affect a registered cultural property on private land?
May a state general member retire under the new 21/2% formula in the circumstances described below? In all cases, the PERA member's termination complies with PERA Rule 700, and the actual retirement date is November 1, 1987, or a subsequent first day of the month.
May the Code of Conduct of the State Transportation Authority (the "Authority") make an exception to the Conflict of InterestAct, which would allow members of the Authority to vote on offi-cial matters when such members have a financial interest in abusiness to which the official matter pertains?
Does the Volunteer Firefighters Act, 1983 N.M.Laws, ch. 263, §§ 1 through 7,
exclude state employees covered under the Public Employees' Retirement Act from the benefits provided by the Volunteer Firefighters Act?
Whether an individual, who was a minor temporarily living outside the State of New Mexico at the time of entry into the armed forces in California, is eligible for a Vietnam Veterans' Scholarship provided for in Article IX, Section 14 of the New Mexico Constitution.
Whether the Horse Racing Act, Section 60-1-1 to 60-1-23 NMSA (1978), permits the State Racing Commission to approve a licensee's application for a race meet that begins at one of the licensee's facilities and concludes at another of the licensee's facilities?
May a person retired under the provisions of the Public Employees' Retirement Act resume employment, without suspension of retirement benefits, with a governmental employer whose employees are, for retirement purposes, covered exclusively under the provisions of the Educational Retirement Act?
May Mr. Joe R. Pena, county treasurer for McKinley County,
retire in June, 1988, and resume office as county treasurer without suspension of public employee retirement benefits, if the county commission reappoints Mr. Pena as county treasurer to serve the remainder of his unexpired term, which ends December 31, 1988?
May County Clerks issue certified copies of death certifi-cates pursuant to Section 14-8-4 NMSA 1978 in order to avoid thehigher fees charged for the issuance of certificates by the VitalStatistics Bureau of the New Mexico Health and EnvironmentDepartment?
1. May a private attorney petition a court for involuntary
commitment of an adult to a mental health facility pursuant to
Section 43-1-11 NMSA 1978?
2. May a private attorney petition a court for involuntary
commitment of a minor to a mental health facility pursuant to
Section 43-1-16.1 NMSA 1978?
3. Does the fact that a patient is indigent or nonindigent
affect the commitment procedures in any way?
4. Does the fact that commitment to a private mental health
facility is being sought change the commitment procedures in any
Are vineyard owners who have a "grower's permit" prohibited
by the Liquor Control Act, Sections 60-3A-1 et. seq., NMSA 1978,
from selling wine by the bottle on Sunday in those local option
districts that permit Sunday liquor sales?
Do the hearing procedures, enacted by 1986 N.M. Laws, ch. 33,
contained in the Certified School Personnel Act, comport with the
Due Process Clause of the Fourteenth Amendment to the United
Can a developer resubdivide tracts previously platted within
a municipality in order to increase the total number of tracts in
the subdivision without obtaining approval by the municipality of
a plat for the resubdivision?
Do public schools have a constitutional or statutory obligation to provide educational services to students within private, for-profit adolescent psychiatric care and substance abuse treatment centers?
1. May a county legally invest in proprietary zero coupon securities such as CATS's (Certificate of Accrual on Treasury Securities), TIGR's (Treasury Interest Growth Receipts), and ETR's (Easy Growth Treasury Receipts)?
2. May a county participate in "overtrades" or "adjusted trades"?
3. What are the requirements concerning collateral and safekeeping of these securities, assuming they are permissible investments?
The Thirty-Eighth Legislature appropriated $150,000 to the
State Agency on Aging (SAoA) part of which was designated to
refurbish a building for a meal-site installation project in San
Antonio, New Mexico. May the SAoA use the funds to purchase an
1. Whether elections for TVI [technical and vocational
institute districts] may be held under the provisions of Chapter
168, Laws of 1985, or whether they must be held under the repealed
provisions (22-6-1 through 22-6-34 NMSA 1978).
2. Whether the election for board members and the election
for the mill levy comprise a single election or two elections
being held at the same time, and if the latter, whether the same
procedure may be followed for both.
1. A candidate for a position on the Board of Directors for
the Middle Rio Grande Conservancy District filed suit against the
Board challenging the Board's policy of not permitting write-in
ballots. One existing :member of the Board agreed with the candi-
date's position and joined the suit as a plaintiff. The candidate
prevailed and was seated as a member of the Board. The Court of
Appeals affirmed the trial court but refused to award costs. May
the Board authorize payment for a release of liability from the
two plaintiffs even though the Court of Appeals stated that no
costs are awarded?
2. Is there any problem with the voucher indicating that
the payment is for legal fees, if the release indicates that
payment is for settlement, of a claim?
3. Does the facI that one of the plaintiffs was not a
candidate have any effect on the power of the Board to authorize
payment for a release of liability or attorney fees with that
4. The Board voted 4-3 to pay the two plaintiffs. Two of
the four votes were those of the plaintiffs themselves. Does the
fact that the plaintiffs voted to pay themselves $5,000 each
affect the validity of the Board action?
Which public retirement act's suspension provisions apply to
a retiree, receiving a benefit disbursed by the public employees
retirement association pursuant to the Retirement Reciprocity Act,
who resumes employment with the University of New Mexico, a state
institution whose employees are, for retirement purposes, covered
exclusively under the Educational Retirement Act?
1. Whether Albuquerque's workers' compensation
payments to employees are "salary," as defined by
10-11-2(P) NMSA 1978?
2. Whether Albuquerque's payments to employees of the
difference between their pre-injury salary and their workers'
compensation benefits are "salary," as defined by Section
10-11-2(P) NMSA 1978?
3. Whether Albuquerque's compensatory-time payments to
retiring police employees are "salary," as defined by Section
10-11-2(P) NMSA 1978?
4. Whether unused sick leave that is converted to unused
annual leave and paid as a lump sum is "salary," as defined by
Section 10-11-2(P) NMSA 1978?
Whether PERA may calculate a retiree's benefits by
including a lump sum annual leave payment for 586.56 hours where
that retiree was covered under the Albuquerque Police Officers'
Association's collective bargaining agreement with the City, that
permitted cash compensation upon termination for "any" unused
May a member of the Public Employees Retirement Association
be given credited service pursuant to section 10-11-6A NMSA 1978
for a period of active military duty, where the member was not
reemployed until more than ninety days after his discharge but
requested to be reemployed within ninety days of his discharge in
a position for which the member was otherwise fully qualified?
Can the Museum of New Mexico (hereinafter "the Museum")
charge participants in the Palace of the Governors Portal Vendor
Program (hereinafter "the Portal Program") an annual admission fee
to help finance the costs of the program?
May Mr. Robert E. Copsin change his retirement option from
option two, which provides for a refund of member contributions
where a retiree dies before receiving annuity payments that equal
his contributions, to option three, which provides for a survivor
annuity in the same amount as the retiree's annuity?
(1) May Financial Institutions Division ("FID") tax, at
renewal time, small loan licensee renewal fees under the provi-
sions of Sections 58-7-1 et seq. NMSA 1978 and 56-8-1 et seq. NMSA
1978, in addition to Section 58-15-5(G) NMSA 1978 (1987 Supp.)?
(2) Is FID required to audit loans made by small loan
licensees pursuant to the Installment Loan Act?
Whether or not monies raised from a tax levy from a County
Flood fund can be used for the purpose of diverting waters from
within the municipal limits of the City of Rio Rancho, which is
within five miles of the Rio Grande River, which waters to be
diverted contribute to or are subject to flood conditions destruc
tive of property or dangerous to human life?
May a governmental unit raise an individual's or a group of
individuals' property tax over five percent under the current
yield control provision of the New Mexico Property Tax Code,
Subsection 7-37-7.1(A) NMSA 1978?
1. Is the Middle Rio Grande Conservancy District Board
required to collect the one-fourth (1/4) payment of those "past"
tolls and charges from the Class A water users for the time period
that the statute has been in effect?
2. Is there any kind of statute of limitations applicable
with regard to collection of those tolls or charges from the Class
A water users?
3. If any portion or all of the water tolls and charges
still must be collected from the Class A water users, what would
be the appropriate procedure and who might be the appropriate
agency or individual to pursue the collection of those water tolls
4. Assuming that the minimum one-fourth (1/4) of the tolls
and water charges have been improperly collected from the Class B
users over any of the aforementioned time periods, would the Class
B taxpayers be entitled to a refund of those amounts for a partic-
ular time period?
May the Public Employees Retirement Board excuse the statutory requirement that a member file a written application forretirement, because a member alleges that the member made verbalrequests of the Public Employees Retirement Association for anapplication form but did not receive the form promptly?
Is the Middle Rio Grande Conservancy District subject to the
restrictions on the timing of elections contained in Section
1-4-10 NMSA 1978?
Can a person stand for election for the board of directors of
the Middle Rio Grande Conservancy District if that person resides
in a county in which part of the District is located but outside
the District itself?
May the Commissioner of Public Lands exchange state trust
lands for lands of equal value whether held in private ownership
or by other state agencies, local governing bodies, trust land
beneficiary institutions and federal agencies, other than the
Department of the Interior?
Is the New Mexico Environmental Improvement Board (hereinaf-
ter "EIB") authorized to promulgate rules and regulations for
radiation protection without the Radiation Technical Advisory
Council (hereinafter "RTAC") approving the terms of such rules and
May the provisions of a municipal ordinance that allows
retiring employees to convert to vacation leave any sick leave
that has been accumulated prior to retirement be applied to
employees who have retired prior to the enactment of the
1. Does the Procurement Code apply to the sale of a manual by a state employee to the New Mexico State Department of Public Safety?
2. Does the initial purchase of such a manual in the amount
of $400 require any public bidding procedure , and must subsequent
purchases which may amount to more than $1 ,000 be publicly bid
given that the item being purchased is, on its face, unique and
available from only one source?
3. Do any other statutory provisions prohibit the transaction contemplated?
The New Mexico Department of Game and Fish (the "Department")
confiscated an elk from a person charged with violating Section
17-2-7 NMSA, 1978 and the pertinent regulation. The magistrate
court dismissed the case, because the game officer failed to
identify the defendant at the hearing as the person charged. Is
the Department required to return the elk, or the proceeds from
the sale of the elk, to that person?
Must administrators of intermediate care facilities for the
mentally retarded (ICF/MR) be licensed as nursing home administra-
tors pursuant to the Nursing Home Administrators Act ("Act"),
Sections 61-13-1 to 61-13-16 NMSA 1978 (Repl. 1986)?
May physicians keep large stocks of drugs to sell to their
patients, either as a separate charge for medication or by includ-
ing the charge for the drugs in the office call fee, without
obtaining a pharmacy license?
1. Is the Board of Pharmacy authorized to require physicians to keep records of samples of dangerous drugs that they dispense to their patients?
2. Is the Board of Pharmacy authorized to require physicians to label samples they dispense?
1. If a supreme court justice, district court judge,metropolitan court judge, or court of appeals judge resigns his office after the primary election and his office did not appear on the primary proclamation, is his office "required by law" to be placed on the ballot for the 1988 general election?
2. If it is appropriate to place the resigned offices on the general election ballot, must the appointments of nominees to
fill the offices be made by the fifty-sixth day prior to the
general election--i.e., by September 13, 1988?
3. Is there a "vacancy" for the purposes of selecting a
nominee under Section 1-8-8 NMSA 1978 if the effective date of the
officeholder's resignation is prior to the general election but
after September 13, 1988?
1. May a contract between a local school board and a
certified school administrator provide that a specific salary be
paid to the school administrator the second year of the contract,
in light of the statutory prohibition against committing funds
beyond the current fiscal year?
2. May a two-year contract between a local school board and
a certified school administrator be extended for an additional
year in light of Section 22-10-11 NMSA 1978, which states that a
school administrator's contract may not exceed two years?
1. Are "excess funds" in county general funds to be taken
into account in the budget approval and property tax setting
2. May counties accumulate general funds money for contingencies or for other long term purposes such as investment?
3. May counties accumulate unspent property taxes in the
general fund to pay for capital expenditures?
Can the Secretary of State issue a registration of a trade name:
1. Where the registration contains an individual's first
and last name;
2. Where the trade name registration contains a personal
name with an additional word or words preceding the name;
3. Where the trade name registration is identical in part
to an existing registered trade name, but contains additional
4. Where the trade name registration sounds the same as an
existing registered trade name, but is spelled differently;
5. Where the trade name registration sounds the same as an
existing registered trade name, but is spelled differently and a
word is added;
6. Where a trade name registration contains the abbreviation "Inc."; or,
7. Where the trade name registration is identical to an
existing registered trade name except "New Mexico" is added?
Is the New Mexico Educational
Assistance Foundation authorized under
the Educational Assistance Act to make
insured student loans to nonresidents
who are enrolled in eligible educational
institutions within New Mexico?
1. May a board of county commissioners temporarily close a county road
for the purpose of repair and maintenance without holding a prior public
hearing regarding that specific closure?
2. Is there any time limit on how
long a road may be temporarily closed
for such purposes?
Is mental health treatment provided
by a county hospital to indigent resi-
dents of that county included within the
type of medical care covered by the New
Mexico Indigent Hospital Claims Act
("Act"), Sections 27-5-1 to 27-5-18
Does Section 30-9-11(D) NMSA 1978 (Cum. Supp. 1988) prohibit
consensual sexual intercourse with a child thirteen to sixteen
years of age when the perpetrator is at least eighteen years of
age and is at least four years older than the child?
Must Mr. Valentine Vega be a member of the Public Employees
Retirement Association, because the City of Deming employs him
part-time, when Deming's public school system simultaneously
employs him as a full-time teacher?
If the New Mexico School for the Deaf ("NMSD") establishes a
sick leave buyback policy that permits retiring employees to
receive compensation for accrued sick leave, can the policy be
applied to hours of sick leave accrued prior to the implementation
of the policy?
Whether Section 3-11-5(A) NMSA (1978) prohibits a mayor from
submitting names to the governing body for appointment to offices,
if the mayor has not submitted said names during the organization-
al meeting of the governing body?
May the district court clerk, without the consent of the
person affected, release information to an abstracter concerning a
person committed by the court to a mental health or developmental
disability facility pursuant to the Mental Health and Developmen-
tal Disabilities Code?
1. May fees be charged to patrons using the New Mexico
Supreme Court Law Library to generate income for the Library?
2. Do monetary gifts to the Library qualify as "other state
funds" under the General Appropriations Act of 1988 (1988 N.M.
Laws, Chapter 13.)
1. Should the Board of Regents of the New Mexico Military
Institute control the Board of Trustees of the New Mexico Military
Institute Foundation, Inc. to avoid an illegal gift of state
2. Is the New Mexico Military Institute Foundation, Inc.
subject to audit by the State Auditor?
Whether those merchant marine seamen, who served in active
oceangoing civilian employment during World War II during the
period from December 7, 1941 through August 15, 1945 and who have
been issued discharge certificates from the U.S. Coast Guard for
the purpose of receiving federal benefits, are "veterans" as
defined by Section 7-37-5 NMSA 1978 and thus eligible to apply for
the New Mexico veteran property tax exemption?
Whether those merchant marine seamen, who served in active
oceangoing civilian employment during World War II during the
period from December 7, 1941 through August 15, 1945 and who have
been issued discharge certificates from the U.S. Coast Guard for
the purpose of receiving federal benefits, are "veterans" as
defined by Section 7-37-5 NMSA 1978 and thus eligible to apply for
the New Mexico veteran property tax exemption?
1. Is there any conflict between Albuquerque Ordinance 0-51
and the New Mexico Clean Indoor Air Act, Sections 24-16-1 through
24-16-11 NMSA 1978?
2. a. Is there a rational basis for Section 9's exemption
of certain areas from the smoking ban when the basis for Ordinance
0-51 itself is public health?
b. If there is not a rational basis for the exemptions
in Ordinance 0-51, does this create a constitutional problem which
could cause it to be overturned?
3. Does Albuquerque Ordinance 0-51 violate the civil rights
of city employees in that Section 5 of the Ordinance imposes
smoking restrictions on city employees working in the Albuquerque
city/county building but does not apply to county employees
working in the same building?
4. Does Albuquerque Ordinance 0-51 violate the civil rights
of public employees covered by Section 5 of the Ordinance in that
Section 7 allows a private sector business to adopt either the
limited smoking ban stated therein or a smoking policy approved by
a majority of its employees?
5. Does Section 7 of Albuquerque Ordinance 0-51 violate the
civil rights of any private employees in that its two options for
smoking policies allow different treatment of private employees
working for different private businesses?
May the City of Las Cruces pay a portion of its retirees'
health insurance premium costs for employees who retire under the
Public Employees' Retirement Act ("PERA"), Sections 10-11-1 to
10-11-140 NMSA 1978 (Repl. 1987)?
May Mr. Eluid Martinez receive free service credit under the
Public Employees' Retirement Act ("PERA"), Sections 10-11-1 to
10-11-140 NMSA 1978, for the period when, as a participant in the
Highway Department's cooperative work study training program
established with New Mexico State University, Mr. Martinez was in
1. May a Bernalillo County employee direct the County to
convert accumulated sick leave to annual leave in the event of his
death during employment?
2. Would such conversion, if allowed, affect any benefits
payable by the Public Employees' Retirement Association upon the
1. Is the Middle Rio Grande Conservancy District (the
"District") subject to audit by the State Auditor?
2. Do Sections 73-14-68 and 73-16-28 NMSA 1978 exempt the
District from the provisions of the Audit Act?
1. What constitutes a quorum of a six-member board?
2. Does board member Ernest Romero's continued service on
the Board of Nursing Home Administrators after his term expired
affect the validity of board action taken after Mr. Romero's term
3. Do vacancies on the Board of Nursing Home Administrators
alter quorum requirements?
Does Section 3-12-1(A) NMSA 1978, which provides that ap-
pointees who fill vacancies on governing bodies of mayor-council
municipalities "shall serve until the next regular municipal
election," mean that an appointee serves until the next immediate
regular municipal election or until the next regular municipal
election for the office that the appointee has assumed?
In light of the conflict between Section 31-3-2(E) NMSA 1978
and SCRA 7-406, may a metropolitan court judge refund a forfeited
bond to a bondsman who is able to apprehend a defendant and bring
her back to court?
Does a court other than Children's Court have the authority
to issue a bench warrant for the arrest of a child who has failed
to appear 1) as a defendant on a Motor Vehicle Code violation
which is not under the jurisdiction of the Children's Court, or 2)
as a witness subpoenaed by a court other than Children's Court?
Are retirees of the Public Employees Retirement Association
that the state legislature employs during the legislative session
as "seasonal" employees subject to benefit suspension when their
earnings exceed the maximum allowed by Section 10-11-8 NMSA (1987
1.) Must an individual be a resident of New Mexico for any
particular period of time before receiving a notary
commission? If so, what is the period of time?
2.) Can an individual claim residency in another state in
addition to New Mexico when applying for a notary public
3.) Must an individual be a citizen of the United States to
receive a notary commission?
Do employees who have been transferred to the New Mexico
Youth Authority retain annual leave and sick leave accrual rates
of the judicial branch's personnel rules pursuant to 1988 N.M.
Laws, ch. 101, §47(C)?
la. May the State Investment Council sell bonds or other
fixed income investments from the permanent fund at a loss?
lb. If so, does paragraph 2 of Article XII, Section 7, New
Mexico Constitution have any effect on such a transaction?
2. If the State Investment Council does sell a bond or
other fixed income investment at a loss, must that loss be reim-
bursed by the state as required in paragraph 1 Article XII,
Section 7, New Mexico Constitution?
Is the amendment to Rule 200.70 of the Public Employees
Retirement Association ("PERA Rule 200.70") concerning nominations
to the Public Employees Retirement Board ("Board"), as implemented
by the Board, legal?
Were the procedures used by the Board, when it adopted
the amendment and invalidated the nomination process, proper since
nominations had already occurred?
Does PERA Rule 200.70, as amended, comply with Subsec-
tion 10-11-130(B)(4) NMSA 1978 (Repl. 1987)?
1. May a person appointed to fill an unexpired term of an
elected official exempt himself from membership in the Public
Employees Retirement Association ("Association") for the remainder
of that term?
2. May an elected official who has been a member of the
Association for one elected term of office choose to exempt
himself from membership when he commences serving a successive
term of that elective office?
3. Does the answer to the second question differ if the
elected official retires or incurs a break in employment between
the two terms?
4. Must an elected official who is exempt from membership on
June 30, 1987 file an exemption from membership with respect to
that official's successive term of office to remain exempt from
Does the General Appropriations Act of 1989 effectively amend
Section 22-2-8.2 NMSA 1978 given that New Mexico's Constitution
places restrictions on the kinds of provisions that may be includ-
ed in an appropriations act?
Whether a peace officer who has prosecuted a criminal case in
magistrate or municipal court may continue to prosecute the case
in district court after an appeal of the magistrate or municipal
court judgment has been filed in district court.
If a county increases its Board of County Commissioners to
five members pursuant to N.M. Const. art. X, §§ 7(C) and (D):
(1) May a county officer elected to a
two-year term in 1988 seek re-election for a
four-year term in 1990 and a four-year term in
(2) May a county officer who was elected to a
two-year term in 1986 and a second two-year
term in 1988 run for the same or a different
county office in 1990?
Does NMSA 1978, §34-6-24, as amended, or some other provision
of New Mexico law, require that Curry County continue to provide
space, maintenance and utilities for the Juvenile Probation Office
after responsibility for that office is transferred to the Youth
Authority pursuant to NMSA 1978, §32-1-7, as amended?
(1) Are Miners' Trust Fund revenues subject to appropriation
by the state legislature?
(2) Does the State Budget Division of the Department of
Finance and Administration have the authority to approve budget
increases from Miners' Trust Fund revenues if the cumulative
effect of such increases exceeds the initial Miners' Trust Fund
appropriation in the General Appropriation Act of 1988, Laws 1988,
ch. 13, §4, by more than $231,500?
(3) Does the State Budget Division have the authority to
deny a budget increase, which has been approved by the Miners'
Hospital Board of Trustees, and which is intended to provide for
the care of resident miners with occupation-related illnesses?
(4) Does the language of the General Appropriation Act of
1988 restrict the authority of the board of trustees of Miners'
Hospital as mandated by general legislation as set forth in
Section 23-3-3 NMSA, (1978)?
Opinion No. 89-30
November 8, 1989
(5) Does the language of the General Appropriation Act of
1988 restrict the institution's access to its trust funds as
authorized by general legislation set forth in Section 23-1-2 NMSA
(6) Would enforcement of the language of the General Appro-
priation Act of 1988 require cy-pres construction of the trust
created by the Ferguson Act, the Enabling Act and the New Mexico
Constitution? If so, is such cy-pres construction necessary or
Is the district attorney's office a "law enforcement
agency" as the phrase is used in NMSA 1978, §30-31-35 and, as
such, capable of receiving forfeited assets and expending those
assets in the enforcement (prosecution) of the Controlled Sub-
When a vehicle is seized, forfeited and sold by the
county sheriff's office pursuant to the Controlled Substances Act
are the proceeds from such sale required to be deposited in the
general fund of the county or may the proceeds revert directly to
the sheriff's office to be used in the enforcement of the Con-
trolled Substances Act?
1. May a company whose sole shareholder is a state legisla-
tor bid on state construction projects as the general contractor?
2. May the company bid on state construction projects as a
subcontractor to a contractor in which the legislator has no
3. May the company bid on material or supplies through the
state purchasing sealed bid process?
4. Do the limitations apply only to the New Mexico state
government and its agencies, or do they extend to local govern-
ments, such as school districts, cities and counties, and govern-
ment contractors like community action agencies or municipal
5. May the company continue to sell products on an open
account status or COD basis to the State of New Mexico, local
governments, agencies or other government contractors?
Is any potential conflict of interest affected if a
contract or project is funded with local bond issues rather than
Who is responsible for paying the hospitalization expenses of
individuals committed to private or county-operated facilities
under the involuntary commitment procedures provided for in NMSA
1978, §43-1-1 et seq. and related provisions?
The White Sands Missile Range contains numerous free roaming
wild horses which are principally the remnants of herds left or
turned loose by area ranchers when the federal government
acquired the missile range. The horses are unbranded and no
owner can be identified. The lands in question are under the
jurisdiction of the Department of Defense.
Would repeal of the state income tax exemptions for teacher
pensions and public employee pensions remedy constitutional defects
of the proposed retiree health care act, under the theory that such
exemptions would be "traded" for retiree health care?
May a county commission set the hours that offices of
other elected county officials must stay open?
May a county commission, its personnel director or other
agents exercise supervision over the employees of other elected
officials and require those employees to work hours contrary to
those established by the officials?
May a county commission increase the hours worked by
county employees without additional compensation?
4. May a county commission use the budget to control
staffing of other elected officials without good cause?
In a lawsuit between a county commission and other
elected county officials concerning employment terms and
conditions, must the county pay both parties' attorneys fees?
Is NMSA 1978, §22-2-8.6(C) (Repl. Pamp. 1989), which requires
non-indigent parents of children in grades nine through twelve to
pay the cost of optional summer and after-school remediation
(1) Does the last sentence of N.M. Const. art. II, §6
prohibiting a municipality or county from regulating "in any way,
an incident of the right to keep and bear arms" include buying and
(2) Does the State Constitution give the Legislature sole
and exclusive authority within the state to enact laws governing,
in any way, the right to keep and bear arms?
Is the state permitted to use the proceeds of property
taxes levied to pay principal and interest on the state's general
obligation bonds for the purpose of paying the administrative fee
charged by county treasurers under NMSA 1978, § 7-38-38.1?
2. What deadline, if any, applies to the state in connec-
tion with the payment of bills submitted by county treasurers
pursuant to Section 7-38-38.1?
3. May county treasurers decline to transfer money collect-
ed as the result of lawfully imposed property tax levies until they
receive the administrative fee provided for in Section 7-38-38.1?
Is PERA Rule 1000.30, providing for suspension of disability
benefits if a member is capable of resuming gainful employment,
invalid as being in conflict with NMSA 1978, §10-11-11(C) (Repl.
What is the permissible length of time under NMSA 1978,
Section 13-1-150 (Repl. Pamp. 1988), for professional services
contracts with financial advisors and bond attorneys who are
engaged to assist with the issuance and sale of general obligation
1. Does the Fireworks Licensing and Safety Act, NMSA 1978,
§§ 60-2C-1 to -11 (Supp. 1989) ("Fireworks Act"), preclude
municipalities from regulating fireworks other than aerial devices
and ground audible devices?
2. Can municipalities add to or detract from the express
requirements of the Fireworks Act, such as those specifying the
dates for retail fireworks sales?
3. Do counties have the same authority as municipalities to
enact ordinances permitted by the Fireworks Act?
4. Are municipal ordinances prohibiting all fireworks devices
rendered null and void by the Fireworks Act, requiring new
ordinances to restrict the type of fireworks sold?
May a school district, under the appropriation made by 1990
N.M. Laws 1st Spec. Sess., ch. 1, §8, grant "creative" salary
increases, such as: calculate the average salary of all school
district employees, apply 5% to that average salary, and then
increase each employee's salary by that dollar amount?
1. May the Department of Public Safety ("DPS") provide use
of its dormitory and meals to a Boy Scouts of America troop at a
substantially reduced cost?
Can DPS be held liable if any of the minor-age scouts is
injured while using its facilities? If so, what steps should DPS
take to insure against liability in the event of an injury?
May a child alleged to be delinquent or in need of
supervision, and the child's parents, sign a waiver which would
allow the child to be detained pending final adjudication in a
local jail facility with total sight and only partial sound
segregation from adult jail detainees?
Does a state legislator's service on the board of directors
of a nonprofit organization:
1. disqualify the organization from obtaining any contracts
with state agencies;
2. impede the organization's ability to contract with state
3. subject the legislator to liability with regard to such
1. What is the current legal status of New Mexico's criminal
abortion law, NMSA 1978, §§ 30-5-1 to 30-5-3?
2. Under what circumstances would New Mexico's parental
consent provision relating to minors be enforceable?
Can a home rule municipality, pursuant to an initiative
petition, enact an ordinance that would prohibit the local
governing body from imposing any tax increase, whether property or
gross receipts and compensating taxes, without first putting the
question of the tax increase to a vote of the qualified electors
of the municipality?
Is the Public School Insurance Authority ("PSIA") a state
agency for purposes of the State Budget Act?
Is the PSIA a state agency for purposes of complying with
the reporting requirements under NMSA 1978, § 6-1-13(B) (Repl.
What does "budget review" mean as used in NMSA 1978, §
22-2-6.6 (B) (Repl. Pamp. 1989)?
Are the following entities subject to audit under the New
Mexico Audit Act: (a) water and sanitation districts created
pursuant to the Water and Sanitation District Act, NMSA 1978,
Sections 73-21-1 to 73-21-54 (Repl. Pamp. 1987); (b) acequias and
community ditch associations subject to NMSA 1978, Sections 73-2-1
to 73-2-64; (c) and associations created pursuant to the Sanitary
Projects Act, NMSA 1978, Sections 3-29-1 to 3-29-19 (Repl. Pamp.
Whether the legislature can reappropriate the balance of
unexpended severance tax bond proceeds for purposes other than the
purpose specified in the legislation originally authorizing the
issuance and sale of the bonds?
Does the appointment of Dick- Minzner, a former state
legislator, as Secretary of the Taxation and Revenue Department
contravene Article IV, Section 28 of the New Mexico Constitution
if the salary for that office was increased as a result of an
appropriations bill generally adjusting all state employee salaries
enacted during Mr. Minzner's legislative term of office?
1. Does the failure of the legislature to act on the nomination of a regent submitted to it during the session operate either to confirm or reject the governor's nomination?
2. Can a person appointed during a legislative recess to
fill a regent's unexpired term be replaced through a new nomination
before the end of the regent's term, or is removal pursuant to
Article XII, Section 13 of the New Mexico Constitution the
exclusive means to remove before the end of the regent's term?
3. What is the status of an unconfirmed nominee who serves
as regent after adjournment of the legislature and are his actions
4. If the senate has not acted on a governor's prior
nomination may the governor lawfully submit another nomination?
5. If the senate confirms the new nominee without having
acted on the prior nomination, can the new nominee lawfully assume
the duties as regent?
Does the reasoning of the Court of Appeals in State ex rel.
Stratton v. Roswell Indep. Schools, Vol. 30, No. 13, SBB 230
(Ct.App. 1991) (hereinafter referred to as "Roswell Indep.
Schools"), alter the state law prohibition against employment of
state legislators by the University of New Mexico and other state
educational institutions listed in Article XII, Section 11 of the
New Mexico Constitution?
1. Is an intercommunity water supply association composed
solely of two incorporated villages a public body subject to the
Open Meetings Act, NMSA 1978, §§ 10-15-1 to -4 (Repl. Pamp. 1990)?
2. Is this water supply association subject to the
Procurement Code, NMSA 1978, §§ 13-1-1 to -199 (Repl. Pamp. 1988
& Cum. Supp. 1990)?
1. Whether an owner or operator of an underground storage
tank containing petroleum which has experienced a "release" has a
claim for payment from the Corrective Action Fund for costs
incurred, or prospectively to be incurred, for "corrective action,"
provided that the requirements of NMSA 1978, S 74-6B-8(B)(1), as
amended, 1991 N.M. Laws, Ch. 47, S 1, have been satisfied?
2. Whether an owner or operator of an underground storage
tank containing petroleum which has experienced a "release" and who
would otherwise be required to comply with the Underground Storage
Tank Regulations, Part XII, with regard to "corrective action," is
relieved of such requirements in the event the Corrective Action
Fund either (a) contains insufficient funds to meet the costs of
such corrective action or (b) is not used for such corrective
action by reason of priorities imposed by regulations adopted by
the Environmental Improvement Board pursuant to NMSA 1978, S 74-
1. Whether 1991 N.M. Laws, ch. 135, § 1 (codified as NMSA
1978, § 59A-32-19 (Cum. Supp. 1991)) requires insurers offering
private passenger motor vehicle insurance to New Mexico residents
to provide a minimum 20% rollback of current insurance premiums for
bodily injury liability, property damage liability and collision
2. Whether there would be any constitutional or other legal
problems with the enforceability of a statute requiring such a
1. Under NMSA 1978, 66-8-107, may a law enforcement officer request a blood test from a person who has already submitted to a breath test?
2. If so, is the person's driver's license subject to mandatory revocation for a year under NMSA 1978, Section 66-8-111 if the person refuses to submit to the additional test?
1. May the Motor Vehicle Division of the Taxation and Revenue
Department, by agreement, designate Motor Transportation Division
inspectors to enforce provisions of the Motor Vehicle Code against
2. May Motor Transportation Division inspectors make arrests
under provisions of the Criminal Code based on observations made
or evidence seized in the course of their statutory duties
inspecting or otherwise regulating and taxing commercial vehicles?
1. Would the New Mexico legislature violate the antidonation
clause of the New Mexico Constitution if it provided the news media
space in the State Capitol Building without charge?
2. May state and local governments provide free space in
public buildings for newspaper vending machines and similar
1. May an assistant superintendent employed by the Santa Fe
school district also serve as an elected member of the State Board
2. Is the use of school resources and personnel by local school officials running for the State Board of Education or other elected office prohibited?
1. Do the procedures employed_by the State Auditor forcontracting with independent public auditors comply with theProcurement Code, NMSA 1978, SS 13-1-23 to -199 (Repl. Pamp. 1988& Cum. Supp. 1991)?2. Does the State Auditor have authority to contract withindependent auditors to perform the annual audits of state agenciesand local governments?
Whether Indian tribal and pueblo traffic citations which are
issued to a non-Indian driving on state and interstate public
highways that traverse Indian lands may require that payment be
made to tribal court?
1. Does an unconditional gubernatorial pardon allow a person
convicted of a felony to be eligible for: a) certification by the
Law Enforcement Academy for permanent appointment as a police
officer, b) permanent appointment as a police officer by a law
enforcement agency or c) licensure as a private investigator?
2. Does the governor have the power to grant a partial pardon
conferring the right to vote and hold public office while denying
the right to possess a firearm?
3. Under NMSA 1978, § 30-7-16 (Cum. Supp. 1991), is a person
who has been convicted of a felony eligible to transport or possess
a firearm once ten years have elapsed since the conviction?
Would investments in mutual funds and unit investment trusts made by the State Treasurer pursuant to NMSA 1978, § 6-10-10(O)(1) (1999) constitute investment in interest-bearing securities in accordance with the New Mexico Constitution?
Is a provision of the Campaign Reporting Act [NMSA 1978, Section 1-19-34.4 (1993, as amended through 1997)] unconstitutional because it provides for binding arbitration of alleged violations of that Act for which a penalty has been imposed?
Do the State Game Commissions regulations governing the allocation of elk hunting licenses on the Valles Caldera National Preserve (Preserve) for the 2002-2003 season comply with state laws governing the allocation of hunting licenses by special drawing?
Can a nonprofit entity that has a state legislator as an employee enter into a contract with the state, can a state legislator simultaneously receive legislative per diem and a salary from his private employer, and can a state legislator vote on a bill that may benefit his private employer?
Requirement of potential appointees to the NM state educational institutions to sign undated resignation letters prior to appointment & confirmation by the state senate as violation o Article XII, Section 13 of the NM Constitution.
Is a 2003 amendment to the Human Rights Act that makes it unlawful to discriminate
based on sexual orientation or gender identity subject to referendum under Article IV,
Section 1 of the New Mexico Constitution?
#3 Various question from Senator Lopez regarding NMVA and K12 Virtual Schools as well as whether allocations of proceeds appropriated for books and instructional material to public schools in violation of state law?
Apr 9, 2014, 10:35 AM
3 March 2014-Honorable Gorden Eden-Opinion 14-02.pdf ViewDownload
#2 Does a gubernatorial pardon allow a person convicted of a felony to be eligible for a concealed handgun license under New Mexico law?