Opinions

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Archive contains Opinions dating back 30 years. 
For older opinions please contact our office. 
 1983 Opinions
Ċ 83-1.pdf
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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?  179k v. 8 Jun 18, 2012, 8:31 AM Lynn Southard
Ċ 83-2.pdf
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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?  295k v. 8 Jun 18, 2012, 8:32 AM Lynn Southard
Ċ 83-3.pdf
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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?  421k v. 9 Jun 18, 2012, 9:46 AM Lynn Southard
Ċ 83-4.pdf
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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"?  154k v. 8 Jun 18, 2012, 9:47 AM Lynn Southard
Ċ 83-5.pdf
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Multiple questions regarding county jails.  603k v. 8 Jun 18, 2012, 9:49 AM Lynn Southard
Ċ 83-6.pdf
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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?   277k v. 8 Jun 18, 2012, 9:49 AM Lynn Southard
 1984 Opinions
Ċ 84-1.pdf
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May municipal police pick up delinquent children for suspected probation violations pursuant to "pick up" orders issued by juvenile probation officers?  571k v. 5 Jun 18, 2012, 10:39 AM Lynn Southard
 1985 Opinions
Ċ 85-03.pdf
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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?  239k v. 6 Jun 18, 2012, 10:43 AM Lynn Southard
Ċ 85-1.pdf
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May a financial institution making a loan assess fees without specific statuto- ry authorization to charge such fees in the act under which the loan is made?  468k v. 5 Jun 18, 2012, 10:44 AM Lynn Southard
Ċ 85-2.pdf
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Numerous requests for opinions on the validity of various vetoes exercised by Governor.  2595k v. 5 Jun 26, 2012, 3:02 PM Lynn Southard
Ċ 85-4.pdf
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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 provision constitutional?  184k v. 5 Jun 18, 2012, 12:31 PM Lynn Southard
Ċ 85-5.pdf
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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?  182k v. 5 Jun 18, 2012, 12:34 PM Lynn Southard
 1986 Opinions
Ċ 86-03.pdf
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May a campaign or political pany worker lawfully distribute or pick up absentee ballots for other voters?  52k v. 3 Jun 29, 2012, 10:20 AM Lynn Southard
Ċ 86-1.pdf
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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?  209k v. 6 Jun 18, 2012, 12:35 PM Lynn Southard
Ċ 86-2.pdf
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Questions surrounding projected general fund revenue shortfall for the 75th fiscal year.  2320k v. 8 Jun 29, 2012, 10:21 AM Lynn Southard
Ċ 86-4.pdf
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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.   791k v. 5 Jun 18, 2012, 12:42 PM Lynn Southard
 1987 Opinions
Ċ 87-01.pdf
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May the Lieutenant Governor vote in the case of a tie in the election of president pro tempore?  146k v. 5 Jun 18, 2012, 2:24 PM Lynn Southard
Ċ 87-02.pdf
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1. Is it a violation of the Liquor Control Act to be convicted of a felony? 2. Does N.M. Stat. Ann. §60-6C-9 (1978) apply to N.M. Stat. Ann. §60-6B-1.  193k v. 5 Jun 18, 2012, 2:25 PM Lynn Southard
Ċ 87-03.pdf
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May a member of the Middle Rio Grande Conservancy District Board of Directors who no longer owns any real property in the District continue to serve on the Board?  208k v. 6 Jun 18, 2012, 2:25 PM Lynn Southard
Ċ 87-04.pdf
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1. Whether state chartered banks and savings and loan associations are pelmitted to invest in mutual funds. 2. Whether mutual funds may be pledged as collateral for deposits of public funds.  208k v. 6 Jun 18, 2012, 2:26 PM Lynn Southard
Ċ 87-05.pdf
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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?  185k v. 6 Jun 18, 2012, 2:27 PM Lynn Southard
Ċ 87-06.pdf
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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?  329k v. 5 Jun 18, 2012, 2:29 PM Lynn Southard
Ċ 87-07.pdf
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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?  338k v. 5 Jun 18, 2012, 2:29 PM Lynn Southard
Ċ 87-08.pdf
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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.  147k v. 5 Jun 18, 2012, 2:30 PM Lynn Southard
Ċ 87-09.pdf
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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?  167k v. 6 Jun 18, 2012, 2:31 PM Lynn Southard
Ċ 87-10.pdf
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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.  252k v. 6 Jun 21, 2012, 11:10 AM Lynn Southard
Ċ 87-10threw87-19.pdf
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Opinions 87-10 to 87-19  49k v. 6 Jun 27, 2012, 10:42 AM Lynn Southard
Ċ 87-11.pdf
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Is New Mexico's Air Quality Control Act more stringent than the federal Clean Air Act?  397k v. 6 Jun 18, 2012, 2:42 PM Lynn Southard
Ċ 87-12.pdf
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Whether a lobbyist registered during the regular session of the Legislature must again register if a special session is called.  113k v. 5 Jun 18, 2012, 2:42 PM Lynn Southard
Ċ 87-14.pdf
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Mr. Orlando Giron/Public Employees' Retirement Act  427k v. 6 Jun 18, 2012, 2:45 PM Lynn Southard
Ċ 87-15.pdf
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Whether a liquor license may be revoked where the licensee has, under Section 60-6C-1(3) NMSA 1978, allowed his premises to remain a public nuisance after written notice from the director.  378k v. 6 Jun 18, 2012, 2:44 PM Lynn Southard
Ċ 87-16.pdf
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May the city charter of a non-home rule municipality provide municipal judges with terms of a different length than those mandated by statute?  164k v. 5 Jun 18, 2012, 2:44 PM Lynn Southard
Ċ 87-17.pdf
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Whether the secretary of state is required to perform searches of filed documents related to the Uniform Commercial Code on request.  156k v. 5 Jun 18, 2012, 2:46 PM Lynn Southard
Ċ 87-18.pdf
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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?  318k v. 8 Jun 19, 2012, 1:49 PM Lynn Southard
Ċ 87-19.pdf
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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 cited statute? 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?  244k v. 5 Jun 26, 2012, 10:40 AM Lynn Southard
Ċ 87-20.pdf
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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.  317k v. 5 Jun 19, 2012, 1:51 PM Lynn Southard
Ċ 87-21.pdf
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Does the existing state law on smoking impose controls on Indians who sell jewelry on the portal of the Palace of the Governors? If not, can administrative controls be imposed?  173k v. 6 Jun 19, 2012, 1:50 PM Lynn Southard
Ċ 87-22.pdf
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Whether the Environmental Improvement Division is an environmental regulatory and enforcement agency, in addition to being an environmental management agency?  234k v. 5 Jun 19, 2012, 1:52 PM Lynn Southard
Ċ 87-23.pdf
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Is the New Mexico habitual offender statute, Section 31-18-19 NMSA 1978 (Repl. Pamph. 1981), mandatory?  282k v. 5 Jun 19, 2012, 1:52 PM Lynn Southard
Ċ 87-24.pdf
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Whether Senate Bill 138 supersedes Section 61-18-54.1 NMSA 1978.  238k v. 5 Jun 19, 2012, 1:52 PM Lynn Southard
Ċ 87-26.pdf
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Is the "Olinger Wallet" a public record and if so, what is the responsibility of the County Clerk for the wallet's protection and preservation?  280k v. 5 Jun 19, 2012, 1:54 PM Lynn Southard
Ċ 87-27.pdf
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What state buildings may be the beneficiaries of the Capitol Buildings Repair Fund?  457k v. 5 Jun 19, 2012, 1:55 PM Lynn Southard
Ċ 87-28.pdf
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Whether governmental licensees may engage in Sunday sales of alcoholic beverages under Section 60-7A-1(B) NMSA 1978 (1986 Cum. Supp.).  151k v. 5 Jun 19, 2012, 1:55 PM Lynn Southard
Ċ 87-29.pdf
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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?  253k v. 5 Jun 19, 2012, 1:56 PM Lynn Southard
Ċ 87-30.pdf
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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.  251k v. 6 Jun 20, 2012, 8:46 AM Lynn Southard
Ċ 87-31.pdf
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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).   309k v. 5 Jun 20, 2012, 9:04 AM Lynn Southard
Ċ 87-33.pdf
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Whether the New Mexico Film Commission can provide the Santa Fe Film Festival the use of its offices and telephones without charge?  216k v. 6 Jun 20, 2012, 9:04 AM Lynn Southard
Ċ 87-34.pdf
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Are inspectors for the New Mexico Livestock Board required to be certified by the New Mexico Law Enforcement Academy.  295k v. 5 Jun 20, 2012, 9:09 AM Lynn Southard
Ċ 87-35.pdf
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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.  308k v. 5 Jun 20, 2012, 9:10 AM Lynn Southard
Ċ 87-36.pdf
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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?  441k v. 5 Jun 20, 2012, 9:10 AM Lynn Southard
Ċ 87-37.pdf
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May Mr. Michael Granito, retired pursuant to the provisions of the Public Employees' Retirement Act, resume employment with the Department of Education without suspension of retirement benefits?  539k v. 5 Jun 20, 2012, 9:11 AM Lynn Southard
Ċ 87-38.pdf
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May Ms. Anna Ulrich, retired pursuant to the provisions of the Educational Retirement Act, resume employment with the Department of Education without suspension of her educational retirement benefits?  463k v. 5 Jun 20, 2012, 9:11 AM Lynn Southard
Ċ 87-39.pdf
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May a corporation, organized and controlled by non-physicians, provide medical services to the general public through employed physicians?  485k v. 5 Jun 20, 2012, 9:12 AM Lynn Southard
Ċ 87-41.pdf
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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?  2388k v. 5 Jun 20, 2012, 9:12 AM Lynn Southard
Ċ 87-42.pdf
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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?  312k v. 5 Jun 20, 2012, 9:13 AM Lynn Southard
Ċ 87-43.pdf
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Is the Public Defender Department obligated to provide representation in metropolitan court to all indigent defendants accused of Albuquerque city code violations?  267k v. 5 Jun 20, 2012, 9:14 AM Lynn Southard
Ċ 87-44.pdf
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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?  367k v. 5 Jun 20, 2012, 9:15 AM Lynn Southard
Ċ 87-45.pdf
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Whether a local school district employee who serves on the State Board of Education may draw salary from the district and per diem and expenses from the State Department of Education?  187k v. 5 Jun 20, 2012, 9:15 AM Lynn Southard
Ċ 87-46.pdf
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Whether an individual may conduct bingo games for profit under the exemptions contained in Section 60-2B-13(A) of the Bingo and Raffle Act.  380k v. 5 Jun 20, 2012, 9:16 AM Lynn Southard
Ċ 87-47.pdf
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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.  331k v. 5 Jun 20, 2012, 9:16 AM Lynn Southard
Ċ 87-48.pdf
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Can the Environmental Improvement Division (EID) deputize city or county law enforcement officials to act as EID agents to enforce the Division's asbestos disposal regulations?  208k v. 6 Jun 20, 2012, 9:17 AM Lynn Southard
Ċ 87-49.pdf
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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?  320k v. 5 Jun 20, 2012, 9:17 AM Lynn Southard
Ċ 87-50.pdf
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Are certificates of deposit deposits or investments for purposes of Section 6-10-36 NMSA 1978?  196k v. 5 Jun 20, 2012, 9:18 AM Lynn Southard
Ċ 87-51.pdf
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Whether a vendor may bill the state for late charges on a delinquent account.  169k v. 5 Jun 20, 2012, 9:22 AM Lynn Southard
Ċ 87-52.pdf
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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?  416k v. 6 Jun 20, 2012, 9:25 AM Lynn Southard
Ċ 87-53.pdf
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May the Corrections Department contract with counties for the housing of inmates committed to the department? If so, what possible liability would be incurred?  185k v. 5 Jun 20, 2012, 9:26 AM Lynn Southard
Ċ 87-54.pdf
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Four questions surrounding the State Auditor /State agency audit by independent auditor  333k v. 5 Jun 20, 2012, 9:28 AM Lynn Southard
Ċ 87-55.pdf
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Multiple questions surrounding county consolidation, legality, abolishment, and procedures.  542k v. 5 Jun 20, 2012, 9:31 AM Lynn Southard
Ċ 87-56.pdf
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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?  479k v. 5 Jun 20, 2012, 9:38 AM Lynn Southard
Ċ 87-57.pdf
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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?  182k v. 5 Jun 20, 2012, 9:39 AM Lynn Southard
Ċ 87-58.pdf
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Does the Regulation and Licensing Act supersede the rules and statutes of the Board of Veterinary Examiners?  602k v. 5 Jun 20, 2012, 9:39 AM Lynn Southard
Ċ 87-59.pdf
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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.  401k v. 5 Jun 20, 2012, 3:27 PM Lynn Southard
Ċ 87-60.pdf
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Funeral practitioners and those who work for them selling prearranged funeral plans  387k v. 5 Jun 20, 2012, 3:29 PM Lynn Southard
Ċ 87-61.pdf
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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?  284k v. 5 Jun 20, 2012, 3:29 PM Lynn Southard
Ċ 87-62.pdf
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May members of the New Mexico Legislature legally receive retirement benefits pursuant to the legislative provisions of the Public Employees' Retirement Act?  764k v. 5 Jun 20, 2012, 3:30 PM Lynn Southard
Ċ 87-63.pdf
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Could the Museum of Indian Arts and Culture be liable for its Taos Pueblo Exhibit that displays photographs of Pueblo members who did not authorize, and have objected to, the exhibition.  318k v. 5 Jun 20, 2012, 3:31 PM Lynn Southard
Ċ 87-64.pdf
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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?  454k v. 5 Jun 20, 2012, 3:31 PM Lynn Southard
Ċ 87-65.pdf
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Is the New Mexico Municipal Self Insurers Fund subject to audit by the State Auditor in accordance with the Audit Act, Sections 12-6-1 et seq. NMSA 1978.  653k v. 5 Jun 20, 2012, 3:32 PM Lynn Southard
Ċ 87-66.pdf
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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.  706k v. 6 Jun 20, 2012, 3:32 PM Lynn Southard
Ċ 87-67.pdf
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May the Public Defender's Office award professional service contracts for the representation of indigent criminal defendants to State representatives?  310k v. 5 Jun 20, 2012, 3:33 PM Lynn Southard
Ċ 87-68.pdf
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Questions surrounding Section 33-1-17 NMSA (1987 Repl.)  390k v. 5 Jun 20, 2012, 3:34 PM Lynn Southard
Ċ 87-69.pdf
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Questions surrounding the role of the Socorro City Manager.  444k v. 5 Jun 20, 2012, 3:36 PM Lynn Southard
Ċ 87-70.pdf
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Speech - language pathologists  522k v. 5 Jun 20, 2012, 3:36 PM Lynn Southard
Ċ 87-71.pdf
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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?  198k v. 6 Jun 20, 2012, 3:39 PM Lynn Southard
Ċ 87-73.pdf
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Does active duty as a uniformed commissioned officer in the United States Public Health Service qualify as military service pursuant to Section 22-11-34(A)(3) NMSA 1978?  443k v. 5 Jun 20, 2012, 3:40 PM Lynn Southard
Ċ 87-74.pdf
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May Lea County enter a contract to provide medical services with a private clinic?  279k v. 5 Jun 20, 2012, 3:40 PM Lynn Southard
Ċ 87-75.pdf
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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?  112k v. 5 Jun 20, 2012, 3:41 PM Lynn Southard
Ċ 87-76.pdf
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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.  346k v. 5 Jun 20, 2012, 3:41 PM Lynn Southard
Ċ 87-77.pdf
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Whether Section 60-6B-3(A) NMSA 1978 (1987 Repl.) of the Liquor Control Act will prohibit the leasing of governmental liquor licenses after June 30, 1991.  239k v. 5 Jun 20, 2012, 3:42 PM Lynn Southard
Ċ 87-78.pdf
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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?  296k v. 5 Jun 20, 2012, 3:42 PM Lynn Southard
Ċ 87-79.pdf
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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?  600k v. 5 Jun 20, 2012, 3:43 PM Lynn Southard
Ċ 87-80.pdf
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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?  222k v. 5 Jun 20, 2012, 3:44 PM Lynn Southard
Ċ 87-82.pdf
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What is the scope of authority of the new Dental Hygiene Committee? Must the Board of Dentistry follow the recommendations of the Committee? Is the Open Meetings Act applicable to the Committee?  201k v. 5 Jun 20, 2012, 3:44 PM Lynn Southard
 1988 Opinions
Ċ 88-01.pdf
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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?  295k v. 6 Jun 21, 2012, 11:10 AM Lynn Southard
Ċ 88-02.pdf
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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 way?  303k v. 5 Jun 21, 2012, 11:11 AM Lynn Southard
Ċ 88-03.pdf
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Are firearm privileges automatically restored pursuant toSection 31-20-9 NMSA 1978 when a person successfully completes theperiod of a deferred sentence?  327k v. 6 Jun 21, 2012, 11:13 AM Lynn Southard
Ċ 88-04.pdf
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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?  206k v. 5 Jun 21, 2012, 11:13 AM Lynn Southard
Ċ 88-05.pdf
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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 States Constitution?  413k v. 5 Jun 21, 2012, 11:13 AM Lynn Southard
Ċ 88-06.pdf
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Does the Constitution of New Mexico require staggered terms for state senators?  697k v. 6 Jun 21, 2012, 11:14 AM Lynn Southard
Ċ 88-07.pdf
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Whether Regulation 3006, recently adopted by the New Mexico Board of Public Accountancy, conflicts with the New Mexico Public Accountancy Act of 1987 and is thus invalid?  509k v. 5 Jun 21, 2012, 11:14 AM Lynn Southard
Ċ 88-08.pdf
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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?  260k v. 5 Jun 21, 2012, 11:14 AM Lynn Southard
Ċ 88-09.pdf
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Are undersheriffs required to obtain certification through the New Mexico Law Enforcement Academy as are other police officers?  242k v. 5 Jun 21, 2012, 11:15 AM Lynn Southard
Ċ 88-10.pdf
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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?  507k v. 5 Jun 21, 2012, 11:15 AM Lynn Southard
Ċ 88-11.pdf
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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?  375k v. 5 Jun 21, 2012, 11:18 AM Lynn Southard
Ċ 88-12.pdf
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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 existing building?  191k v. 5 Jun 21, 2012, 11:50 AM Lynn Southard
Ċ 88-13.pdf
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Nonprofit organization and gross receipts tax  351k v. 5 Jun 21, 2012, 11:51 AM Lynn Southard
Ċ 88-14.pdf
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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.  512k v. 5 Jun 21, 2012, 11:52 AM Lynn Southard
Ċ 88-15.pdf
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1. Does Mr. Rudy A. Yardman qualify for retirement benefits under the Public Employees Retirement Act at the 21/2% rate? 2. When do Mr. Yardman's retirement benefits commence?  314k v. 5 Jun 21, 2012, 11:53 AM Lynn Southard
Ċ 88-16.pdf
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What information may be released to the public from Worker's Compensation Division files on particular worker's compensation cases?  485k v. 6 Jun 21, 2012, 11:53 AM Lynn Southard
Ċ 88-17.pdf
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May Mr. Floyd Cooper obtain from the Public Employees Retire- ment Association ("PERA") a refund of the purchase cost of "over- lapping" service credit?  346k v. 5 Jun 21, 2012, 11:53 AM Lynn Southard
Ċ 88-18.pdf
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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 plaintiff? 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?  417k v. 7 Jun 26, 2012, 10:41 AM Lynn Southard
Ċ 88-19.pdf
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Retirement under state general member coverage plan 2  570k v. 5 Jun 21, 2012, 12:00 PM Lynn Southard
Ċ 88-20.pdf
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Whether a public school teacher or administrator may serve in the New Mexico State Legislature while under contract of employ- ment with a local school district.  1096k v. 5 Jun 21, 2012, 12:01 PM Lynn Southard
Ċ 88-21.pdf
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Questions surrounding the Miners' Hospital  506k v. 5 Jun 21, 2012, 12:02 PM Lynn Southard
Ċ 88-22.pdf
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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?  275k v. 5 Jun 21, 2012, 12:02 PM Lynn Southard
Ċ 88-23.pdf
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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? 5. 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 vacation?  664k v. 5 Jun 26, 2012, 10:42 AM Lynn Southard
Ċ 88-24.pdf
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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?  375k v. 6 Jun 21, 2012, 12:04 PM Lynn Southard
Ċ 88-25.pdf
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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?  237k v. 5 Jun 21, 2012, 12:04 PM Lynn Southard
Ċ 88-26.pdf
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May Mr. Joe R. Pena purchase early retirement before June 1, 1988, and serve without pay the remainder of his elective term, which ends December 31, 1988?  206k v. 5 Jun 21, 2012, 12:05 PM Lynn Southard
Ċ 88-27.pdf
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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?  378k v. 5 Jun 21, 2012, 12:06 PM Lynn Southard
Ċ 88-28.pdf
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Whether a contractor's license is required for the installation of turbine water well pumps for municipalities and otherpublic entities?  448k v. 6 Jun 21, 2012, 12:07 PM Lynn Southard
Ċ 88-29.pdf
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(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?  326k v. 5 Jun 21, 2012, 12:08 PM Lynn Southard
Ċ 88-30.pdf
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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?  244k v. 5 Jun 21, 2012, 12:08 PM Lynn Southard
Ċ 88-31.pdf
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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?  306k v. 5 Jun 21, 2012, 12:09 PM Lynn Southard
Ċ 88-32.pdf
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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 and charges? 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?  594k v. 5 Jun 26, 2012, 10:43 AM Lynn Southard
Ċ 88-33.pdf
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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?  239k v. 6 Jun 21, 2012, 12:21 PM Lynn Southard
Ċ 88-34.pdf
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Is the Middle Rio Grande Conservancy District subject to the 1. 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 2. 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?  361k v. 7 Jun 21, 2012, 12:21 PM Lynn Southard
Ċ 88-35.pdf
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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?  611k v. 5 Jun 21, 2012, 12:22 PM Lynn Southard
Ċ 88-37.pdf
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Do local school boards have the authority to prohibit citizens of this state from inspecting instructional material used in a public school within the district?  227k v. 7 Jun 25, 2012, 9:03 AM Lynn Southard
Ċ 88-38.pdf
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Whether the City of Raton can utilize its occupancy tax proceeds to operate the La Mesa Park racetrack or help defer the expenses at the track?  236k v. 7 Jun 25, 2012, 9:03 AM Lynn Southard
Ċ 88-39.pdf
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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 regulations?  397k v. 5 Jun 25, 2012, 9:04 AM Lynn Southard
Ċ 88-40.pdf
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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 ordinance?  311k v. 7 Jun 25, 2012, 9:04 AM Lynn Southard
Ċ 88-41.pdf
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May Colfax County use mill levy funds to provide indigent medical care for its non-miner residents admitted to Miners' Hospital, a state owned and operated facility?   298k v. 7 Jun 25, 2012, 9:04 AM Lynn Southard
Ċ 88-42.pdf
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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?  243k v. 5 Jun 25, 2012, 9:06 AM Lynn Southard
Ċ 88-43.pdf
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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?  369k v. 5 Jun 25, 2012, 9:06 AM Lynn Southard
Ċ 88-44.pdf
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May a disability annuitant who retired before July 1, 1987, utilize the new "trial period" provisions of the Public Employees Retirement Act effective July 1, 1987?  340k v. 7 Jun 25, 2012, 9:06 AM Lynn Southard
Ċ 88-45.pdf
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May a public employee purchase service pursuant to 1987 N.M. Laws, ch. 253, §139, retire, and promptly return to public employment?  329k v. 7 Jun 25, 2012, 9:07 AM Lynn Southard
Ċ 88-46.pdf
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May an appropriation by the legislature for improving and enlarging the facilities of the Questa Airport be used for a new airport at a site different from the existing airport?  323k v. 5 Jun 25, 2012, 9:07 AM Lynn Southard
Ċ 88-47.pdf
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Can the township of Mesilla pay the mayor's annual dues from public funds for membership in the Las Cruces Forum, Inc.?  330k v. 7 Jun 25, 2012, 9:07 AM Lynn Southard
Ċ 88-48.pdf
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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)?  407k v. 5 Jun 25, 2012, 9:07 AM Lynn Southard
Ċ 88-49.pdf
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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?  346k v. 5 Jun 25, 2012, 9:07 AM Lynn Southard
Ċ 88-50.pdf
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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?  414k v. 5 Jun 25, 2012, 9:08 AM Lynn Southard
Ċ 88-51.pdf
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Is closed circuit television the same as cable television for the purposes of the New Mexico Athletic Commission Rules and Regulations?  260k v. 7 Jun 25, 2012, 9:08 AM Lynn Southard
Ċ 88-52.pdf
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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?  582k v. 7 Jun 25, 2012, 9:09 AM Lynn Southard
Ċ 88-53.pdf
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May the Alamogordo Municipal Schools conduct a bond election in February, 1989, on the question described below without violat- ing Section 22-18-8 NMSA 1978 (Repl. 1986)?  372k v. 7 Jun 26, 2012, 9:56 AM Lynn Southard
Ċ 88-54.pdf
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Can the residents of Amalia, an unincorporated area in Taos County, petition the District Court in Taos County to form a water and sanitation district?  287k v. 6 Jun 26, 2012, 9:56 AM Lynn Southard
Ċ 88-55.pdf
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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?  380k v. 5 Jun 26, 2012, 9:58 AM Lynn Southard
Ċ 88-56.pdf
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1. Are "excess funds" in county general funds to be taken into account in the budget approval and property tax setting process? 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?  437k v. 5 Jun 26, 2012, 9:59 AM Lynn Southard
Ċ 88-57.pdf
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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 words; 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?  499k v. 7 Jun 26, 2012, 10:02 AM Lynn Southard
Ċ 88-58.pdf
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May Albuquerque Public Schools participate in the insurance coverages afforded by the Public School Insurance Authority Act?  387k v. 5 Jun 26, 2012, 10:18 AM Lynn Southard
Ċ 88-59.pdf
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1. May county commissioners declare section lines public highways? 2. Are there any restrictions or limitations on such authority?  254k v. 5 Jun 26, 2012, 10:20 AM Lynn Southard
Ċ 88-60.pdf
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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?  133k v. 7 Jun 26, 2012, 10:20 AM Lynn Southard
Ċ 88-61.pdf
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May the Legislative Finance Committee pay legal fees on behalf of individual legislators for legal actions they initiate?  393k v. 5 Jun 26, 2012, 10:20 AM Lynn Southard
Ċ 88-62.pdf
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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?  202k v. 5 Jun 26, 2012, 10:21 AM Lynn Southard
Ċ 88-63.pdf
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May the Regulation and Licensing Department withdraw money from the optometry fund without approval from the Board of Optometry?  682k v. 7 Jun 26, 2012, 10:43 AM Lynn Southard
Ċ 88-64.pdf
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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 NMSA 1978?  138k v. 5 Jun 26, 2012, 10:22 AM Lynn Southard
Ċ 88-65.pdf
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Questions surrounding the county commissioner's "designated post of duty"  204k v. 5 Jun 27, 2012, 10:43 AM Lynn Southard
Ċ 88-66.pdf
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May judges who retired before 1987 N.M. Laws, ch. 241 became effective receive a cost-of-living increase to their retirement annuities pursuant to such law?  544k v. 7 Jun 26, 2012, 10:22 AM Lynn Southard
Ċ 88-67.pdf
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Whether the contract of employment between the Dona Ana County Commissioners and Charles Russell Lummus, county manager, violates the Bateman Act, Sections 6-6-11 to 6-6-18 NMSA 1978 (Repl. 1987).  663k v. 5 Jun 26, 2012, 10:23 AM Lynn Southard
Ċ 88-68.pdf
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Does Section 1-9-14 NMSA 1978 bar application of the Procurement Code, Sections 13-1-28 to 13-1-199 NMSA 1978, to the purchase of internal computers used to record and tabulate votes?  233k v. 7 Jun 26, 2012, 10:23 AM Lynn Southard
Ċ 88-69.pdf
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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?  318k v. 5 Jun 26, 2012, 10:24 AM Lynn Southard
Ċ 88-70.pdf
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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?  360k v. 7 Jun 26, 2012, 10:23 AM Lynn Southard
Ċ 88-71.pdf
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May a New Mexico state representative serve in the New Mexico State Defense Force?  521k v. 7 Jun 26, 2012, 10:24 AM Lynn Southard
Ċ 88-72.pdf
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1. Must a school district pay wages non-certified school personnel? 2. May a school district pay wages non-certified school personnel?  416k v. 5 Jun 26, 2012, 10:25 AM Lynn Southard
Ċ 88-73.pdf
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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?  334k v. 5 Jun 26, 2012, 10:25 AM Lynn Southard
Ċ 88-74.pdf
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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?  465k v. 7 Jun 26, 2012, 10:25 AM Lynn Southard
Ċ 88-75.pdf
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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?  349k v. 7 Jun 26, 2012, 10:26 AM Lynn Southard
Ċ 88-76.pdf
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Is the Health and Environment Department required to employ licensed pharmacists to dispense drugs to patients at the depart- ment's public health clinics?  414k v. 7 Jun 26, 2012, 10:26 AM Lynn Southard
Ċ 88-77.pdf
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Does a municipal police officer have the authority to enforce the Motor Vehicle Code outside the city limits of the municipality?   394k v. 5 Jun 26, 2012, 10:26 AM Lynn Southard
Ċ 88-78.pdf
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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.)  439k v. 5 Jun 26, 2012, 10:27 AM Lynn Southard
Ċ 88-79.pdf
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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 assets? 2. Is the New Mexico Military Institute Foundation, Inc. subject to audit by the State Auditor?  528k v. 7 Jun 26, 2012, 10:28 AM Lynn Southard
Ċ 88-80.pdf
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Is a state agency, by law, exempt from payment of late charges to a utility when it fails to process bills in a timely manner and becomes a delinquent customer?  351k v. 8 Jun 26, 2012, 10:28 AM Lynn Southard
Ċ 88-81.pdf
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Is there a legal problem concerning court reporters swearing witnesses over the telephone and then taking testimony in litigation?  420k v. 5 Jun 26, 2012, 10:28 AM Lynn Southard
 1989 Opinions
Ċ 89-01.pdf
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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?  447k v. 5 Jun 26, 2012, 1:15 PM Lynn Southard
Ċ 89-02.pdf
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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?  184k v. 5 Jun 26, 2012, 1:19 PM Lynn Southard
Ċ 89-03.pdf
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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?  990k v. 5 Jun 26, 2012, 1:20 PM Lynn Southard
Ċ 89-04.pdf
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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)?  545k v. 6 Jun 26, 2012, 1:21 PM Lynn Southard
Ċ 89-05.pdf
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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 "school phases."  291k v. 5 Jun 26, 2012, 1:21 PM Lynn Southard
Ċ 89-06.pdf
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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 employee's death?  245k v. 5 Jun 26, 2012, 1:22 PM Lynn Southard
Ċ 89-07.pdf
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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?  304k v. 5 Jun 26, 2012, 1:22 PM Lynn Southard
Ċ 89-08.pdf
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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 expired? 3. Do vacancies on the Board of Nursing Home Administrators alter quorum requirements?  308k v. 5 Jun 26, 2012, 1:22 PM Lynn Southard
Ċ 89-09.pdf
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1. May a candidate whose name appears on the ballot have workers at the polling place and enter the polling place on the day of the election?  209k v. 5 Jun 26, 2012, 1:23 PM Lynn Southard
Ċ 89-10.pdf
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May a full-time county employee hold the position of probate judge?  353k v. 5 Jun 26, 2012, 1:23 PM Lynn Southard
Ċ 89-11.pdf
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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?  272k v. 5 Jun 26, 2012, 1:27 PM Lynn Southard
Ċ 89-12.pdf
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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?  186k v. 5 Jun 26, 2012, 1:27 PM Lynn Southard
Ċ 89-13.pdf
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Does a municipal council member, who is elected mayor pro tem for a particular meeting, have the right to vote at that meeting?  238k v. 6 Jun 26, 2012, 1:28 PM Lynn Southard
Ċ 89-14.pdf
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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?  323k v. 5 Jun 26, 2012, 1:28 PM Lynn Southard
Ċ 89-15.pdf
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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 Repl. Pam.)?  227k v. 5 Jun 26, 2012, 1:29 PM Lynn Southard
Ċ 89-16.pdf
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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 commission? 3.) Must an individual be a citizen of the United States to receive a notary commission?  438k v. 6 Jun 26, 2012, 1:29 PM Lynn Southard
Ċ 89-17.pdf
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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)?  259k v. 5 Jun 26, 2012, 1:29 PM Lynn Southard
Ċ 89-18.pdf
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May the Public Employees Retirement Association award a member disability benefits retroactive to the date the member's name last appeared on the payroll with pay?   291k v. 5 Jun 26, 2012, 1:29 PM Lynn Southard
Ċ 89-19.pdf
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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?  480k v. 5 Jun 26, 2012, 1:30 PM Lynn Southard
Ċ 89-20.pdf
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May a school district spend public funds to provide its full time employees with membership in a private health club?  124k v. 5 Jun 26, 2012, 1:30 PM Lynn Southard
Ċ 89-22.pdf
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May Luna County use taxpayer funds to pay relocation costs of physicians opening a practice in the county?  193k v. 5 Jun 26, 2012, 1:31 PM Lynn Southard
Ċ 89-23.pdf
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May a candidate for admission to the Law Enforcement Academy who received a general discharge from the military be certified as a police officer?  688k v. 5 Jun 26, 2012, 1:31 PM Lynn Southard
Ċ 89-24.pdf
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1. 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? 2. Were the procedures used by the Board, when it adopted the amendment and invalidated the nomination process, proper since nominations had already occurred? 3. Does PERA Rule 200.70, as amended, comply with Subsec- tion 10-11-130(B)(4) NMSA 1978 (Repl. 1987)?  499k v. 5 Jun 26, 2012, 1:31 PM Lynn Southard
Ċ 89-25.pdf
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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 membership?  514k v. 5 Jun 26, 2012, 1:32 PM Lynn Southard
Ċ 89-26.pdf
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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?  351k v. 5 Jun 26, 2012, 1:31 PM Lynn Southard
Ċ 89-27.pdf
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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.  249k v. 5 Jun 26, 2012, 1:32 PM Lynn Southard
Ċ 89-28.pdf
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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 1994? (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?  407k v. 5 Jun 26, 2012, 1:32 PM Lynn Southard
Ċ 89-29.pdf
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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?  291k v. 5 Jun 26, 2012, 1:32 PM Lynn Southard
Ċ 89-30.pdf
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(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 Page -2- (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 (1978)? (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 proper?  847k v. 5 Jun 26, 2012, 1:41 PM Lynn Southard
Ċ 89-31.pdf
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May the Jal Hospital District ("District") use its funds to establish a residential care unit in a vacant building owned by the District?  245k v. 5 Jun 26, 2012, 1:41 PM Lynn Southard
Ċ 89-32.pdf
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1. 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- stances Act? 2. 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?  444k v. 5 Jun 26, 2012, 1:41 PM Lynn Southard
Ċ 89-34.pdf
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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 financial interest? 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 housing authorities? 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? 6. Is any potential conflict of interest affected if a contract or project is funded with local bond issues rather than state money?  762k v. 5 Jun 26, 2012, 1:42 PM Lynn Southard
Ċ 89-35.pdf
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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?  262k v. 5 Jun 26, 2012, 1:42 PM Lynn Southard
 1990 Opinions
Ċ 90-01.pdf
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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.  262k v. 5 Jun 26, 2012, 1:46 PM Lynn Southard
Ċ 90-02.pdf
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If a municipal ordinance requires the vote of three-fourths of the entire membership of the municipal board of trustees to decide a question, is the mayor's vote counted in the event of tie?  405k v. 5 Jun 26, 2012, 1:51 PM Lynn Southard
Ċ 90-03.pdf
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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?  604k v. 5 Jun 26, 2012, 1:47 PM Lynn Southard
Ċ 90-04.pdf
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May a district judge file a declaration of candidacy for retention of office and, at the same time, file a declaration of candidacy in a primary election for a statewide judicial office?  325k v. 5 Jun 26, 2012, 1:47 PM Lynn Southard
Ċ 90-05.pdf
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1. May a county commission set the hours that offices of other elected county officials must stay open? 2. 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? 3. 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? 5. 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?  642k v. 5 Jun 26, 2012, 1:48 PM Lynn Southard
Ċ 90-06.pdf
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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 programs, constitutional?  232k v. 6 Jun 26, 2012, 1:51 PM Lynn Southard
Ċ 90-07.pdf
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(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 selling firearms? (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?  271k v. 6 Jun 26, 2012, 1:51 PM Lynn Southard
Ċ 90-08.pdf
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1. 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?  546k v. 5 Jun 26, 2012, 1:51 PM Lynn Southard
Ċ 90-09.pdf
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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. Pamp. 1987)?  291k v. 5 Jun 26, 2012, 1:52 PM Lynn Southard
Ċ 90-10.pdf
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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 bonds?  188k v. 5 Jun 26, 2012, 1:52 PM Lynn Southard
Ċ 90-11.pdf
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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?  455k v. 5 Jun 26, 2012, 1:52 PM Lynn Southard
Ċ 90-12.pdf
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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?  159k v. 6 Jun 26, 2012, 1:53 PM Lynn Southard
Ċ 90-13.pdf
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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? 2. 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?  303k v. 6 Jun 26, 2012, 1:53 PM Lynn Southard
Ċ 90-14.pdf
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Is it constitutional for a Native American to serve as a tribal council member and as a county commissioner at the same time?  304k v. 5 Jun 26, 2012, 1:53 PM Lynn Southard
Ċ 90-15.pdf
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Whether the time limitation contained in NMSA 1978, Section 43-1-10(D) regarding confinement of mentally ill persons in a detention facility, is tolled during periods of legal holiday or weekends.  157k v. 5 Jun 26, 2012, 1:55 PM Lynn Southard
Ċ 90-16.pdf
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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?  211k v. 5 Jun 26, 2012, 1:56 PM Lynn Southard
Ċ 90-17.pdf
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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 agencies; or 3. subject the legislator to liability with regard to such contracting?  539k v. 6 Jun 26, 2012, 1:57 PM Lynn Southard
Ċ 90-18.pdf
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Is the Cumbres and Toltec Railroad, a bi-state agency of New Mexico and Colorado, immune from property taxes in the two states?  299k v. 6 Jun 26, 2012, 1:57 PM Lynn Southard
Ċ 90-19.pdf
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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?   453k v. 8 Jun 26, 2012, 1:58 PM Lynn Southard
Ċ 90-20.pdf
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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?  322k v. 6 Jun 26, 2012, 2:01 PM Lynn Southard
Ċ 90-21.pdf
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May employees of the University of New Mexico ("UNM") run for state legislative seats and serve in the legislature, if successful candidates?  282k v. 5 Jun 26, 2012, 2:01 PM Lynn Southard
Ċ 90-23.pdf
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1. Is the Public School Insurance Authority ("PSIA") a state agency for purposes of the State Budget Act? 2. Is the PSIA a state agency for purposes of complying with the reporting requirements under NMSA 1978, § 6-1-13(B) (Repl. Pamp. 1987)? 3. What does "budget review" mean as used in NMSA 1978, § 22-2-6.6 (B) (Repl. Pamp. 1989)?  438k v. 6 Jun 26, 2012, 2:02 PM Lynn Southard
Ċ 90-24.pdf
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1. May a state constitutionally proscribe the possession of child pornography? 2. If so, may such a law include all minors up to and including eighteen years of age?  529k v. 5 Jun 26, 2012, 2:02 PM Lynn Southard
Ċ 90-25.pdf
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Is the workers' compensation legislation enacted in 1990 constitutional?  1031k v. 6 Jun 26, 2012, 2:05 PM Lynn Southard
Ċ 90-26.pdf
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Does a local school board president have the authority to deny citizens the right to address the local school board during a meeting of that board?  224k v. 5 Jun 26, 2012, 2:05 PM Lynn Southard
Ċ 90-27.pdf
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Is the Las Cruces Selection Advisory Committee a policy- making body for purposes of the New Mexico Open Meetings Act?  414k v. 6 Jun 26, 2012, 2:05 PM Lynn Southard
Ċ 90-28.pdf
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May a public policy-making body retreat into an executive session to discuss personnel policies, procedures, budget items, and other issues not directly related to any individual public employee?  251k v. 6 Jun 26, 2012, 2:06 PM Lynn Southard
Ċ 90-29.pdf
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What constitutes "reasonable notice" under the provisions of the New Mexico Open Meetings Act?  433k v. 6 Jun 26, 2012, 2:06 PM Lynn Southard
Ċ 90-30.pdf
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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. 1984).  320k v. 5 Jun 26, 2012, 2:06 PM Lynn Southard
 1991 Opinions
Ċ 91-01.pdf
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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?  371k v. 4 Jun 26, 2012, 9:53 AM Lynn Southard
Ċ 91-02.pdf
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May a member of the state legislature also serve as an elected member of a local school board?  494k v. 4 Jun 26, 2012, 9:53 AM Lynn Southard
Ċ 91-03.pdf
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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?  360k v. 4 Jun 26, 2012, 9:53 AM Lynn Southard
Ċ 91-04.pdf
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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 valid? 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?  422k v. 4 Jun 26, 2012, 9:52 AM Lynn Southard
Ċ 91-05.pdf
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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?  302k v. 4 Jun 26, 2012, 9:51 AM Lynn Southard
Ċ 91-06.pdf
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Is the Retiree Health Care Authority ("RHCA") a state agency and thus subject to the various regulations that apply generally to state agencies?  785k v. 4 Jun 26, 2012, 9:47 AM Lynn Southard
Ċ 91-07.pdf
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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)?  306k v. 4 Jun 26, 2012, 9:47 AM Lynn Southard
Ċ 91-08.pdf
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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- 6B-7(B)?  752k v. 6 Jun 26, 2012, 9:47 AM Lynn Southard
Ċ 91-09.pdf
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1. May a judge accept a gratuity in connection with the performance of a marriage ceremony? 2. May a judge solemnize a contract of matrimony outside his territorial jurisdiction?  479k v. 4 Jun 26, 2012, 9:45 AM Lynn Southard
Ċ 91-10.pdf
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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 coverage. 2. Whether there would be any constitutional or other legal problems with the enforceability of a statute requiring such a rollback.  727k v. 4 Jun 26, 2012, 9:45 AM Lynn Southard
Ċ 91-12.pdf
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May county commissioners telephonically authorize county purchases without violating the Open Meetings Act, NMSA 1978, SS 10-15-1 to -4 (Reps. Pamp. 1990)?  269k v. 4 Jun 26, 2012, 9:44 AM Lynn Southard
Ċ 91-13.pdf
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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?  571k v. 4 Jun 26, 2012, 9:44 AM Lynn Southard
Ċ 91-14.pdf
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Does the antidonation clause of Article IX, Section 14 of the New Mexico Constitution prohibit the legislature from enacting tax exemptions and deductions from the state gross receipts tax?  417k v. 4 Jun 26, 2012, 9:43 AM Lynn Southard
Ċ 91-15.pdf
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May the Commissioner of Public Lands exchange state trust lands for other public or private lands of equal or greater value?  564k v. 4 Jun 26, 2012, 9:43 AM Lynn Southard
 1992 Opinions
Ċ 92-01.pdf
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May a county commissioner hold employment as a state employees in the state personnel service? May a state employee run for any county office?  355k v. 4 Jun 26, 2012, 9:35 AM Lynn Southard
Ċ 92-02.pdf
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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 noncommercial vehicles? 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?  413k v. 4 Jun 26, 2012, 9:35 AM Lynn Southard
Ċ 92-03.pdf
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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 devices?  325k v. 4 Jun 26, 2012, 9:35 AM Lynn Southard
Ċ 92-04.pdf
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1. May an assistant superintendent employed by the Santa Fe school district also serve as an elected member of the State Board of Education? 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?  474k v. 4 Jun 26, 2012, 9:36 AM Lynn Southard
Ċ 92-05.pdf
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Whether the Sierra County commission has authority to reduce the salaries of elected county officers in light of NMSA 1978, § 4-44-12.2 (Cum. Supp. 1991).  473k v. 4 Jun 26, 2012, 9:36 AM Lynn Southard
Ċ 92-06.pdf
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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?  847k v. 5 Jun 26, 2012, 9:36 AM Lynn Southard
Ċ 92-07.pdf
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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?  262k v. 4 Jun 26, 2012, 9:37 AM Lynn Southard
Ċ 92-08.pdf
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Whether N.M. Const. art. XI, § 5 governs the legislature's authority to increase the salaries of the State Corporation Commissioners during their terms of office.  606k v. 4 Jun 26, 2012, 9:37 AM Lynn Southard
Ċ 92-09.pdf
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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?  711k v. 4 Jun 26, 2012, 9:37 AM Lynn Southard
 1993 Opinions
Ċ 93-04.pdf
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Breach of the peace  417k v. 4 Jun 15, 2012, 10:24 AM Lynn Southard
Ċ 93-05.pdf
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Public Employee Bargaining Act  1117k v. 5 Jun 15, 2012, 10:25 AM Lynn Southard
Ċ 93-06.pdf
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State's authorization for legislators reimbursement   477k v. 4 Jun 15, 2012, 10:22 AM Lynn Southard
Ċ 93-2.pdf
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Publication of a notice of rulemaking   493k v. 4 Jun 15, 2012, 10:20 AM Lynn Southard
Ċ 93-3.pdf
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State Records Administrator  439k v. 4 Jun 15, 2012, 10:19 AM Lynn Southard
 1994 Opinions
Ċ 94-01.pdf
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Land use plans and ordinances  680k v. 4 Jun 14, 2012, 10:40 AM Lynn Southard
Ċ 94-02.pdf
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Confidentiality of information in police reports/ identity of arrested persons   367k v. 4 Jun 14, 2012, 10:39 AM Lynn Southard
Ċ 94-03.pdf
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Smoking ban on public school campuses  339k v. 4 Jun 14, 2012, 10:38 AM Lynn Southard
Ċ 94-05.pdf
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Legality of assessed fees paid into workers' compensation administration fund  435k v. 4 Jun 14, 2012, 10:37 AM Lynn Southard
Ċ 94-06.pdf
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Horses living on White Sands Missile Range  658k v. 4 Jun 14, 2012, 10:35 AM Lynn Southard
Ċ 94-07Revised.pdf
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Lawfulness of State Engineer's water rights dedication practice and procedure  697k v. 4 Jun 14, 2012, 10:28 AM Lynn Southard
Ċ 94-08.pdf
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State/federal prisoner acceptance by facility  453k v. 5 Jun 14, 2012, 10:27 AM Lynn Southard
Ċ 94-09.pdf
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County Commissioner salary increase  437k v. 4 Jun 14, 2012, 10:26 AM Lynn Southard
 1995 Opinions
Ċ 95-01.pdf
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Board of Pharmacy/legal authority to assess fines  461k v. 4 Jun 13, 2012, 3:04 PM Lynn Southard
Ċ 95-02.pdf
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Marriage license requiring applicants to file with the county clerk a physician's certificate.  252k v. 4 Jun 13, 2012, 3:05 PM Lynn Southard
Ċ 95-03.pdf
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Judges participation in a partisan election in 1996  551k v. 4 Jun 13, 2012, 3:02 PM Lynn Southard
 1996 Opinions
Ċ 96-01.pdf
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Major political party  536k v. 4 Jun 13, 2012, 3:00 PM Lynn Southard
 1997 Opinions
Ċ 97-01.pdf
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Anonymous campaign literature  323k v. 4 Jun 13, 2012, 2:59 PM Lynn Southard
Ċ 97-02.pdf
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TVI expenditure of pubic money  614k v. 4 Jun 13, 2012, 2:58 PM Lynn Southard
 1998 Opinions
Ċ 98-01.pdf
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Legal protection to instream flows' for recreational, fish or wildlife, or ecological purposes.  667k v. 4 Jun 13, 2012, 9:00 AM Lynn Southard
Ċ 98-02A.pdf
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Opinion 2 A State Engineer administrative hearings  492k v. 5 Jun 13, 2012, 9:47 AM Lynn Southard
Ċ 98-02.pdf
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Opinion 2 State Engineer administrative hearings  440k v. 4 Jun 13, 2012, 9:47 AM Lynn Southard
 1999 Opinions
Ċ 01-29-99_school_voucher.pdf
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School voucher program and private school tuition assistance  32k v. 5 Jun 13, 2012, 8:58 AM Lynn Southard
Ċ 04-27-99_tribal_state_gaming_compact.pdf
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Tribal-State Class III Gaming Compact   29k v. 4 Jun 13, 2012, 8:57 AM Lynn Southard
Ċ 08-04-99_sorn_act.pdf
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Sex Offender Registration and Notification Act  17k v. 5 Jun 13, 2012, 8:57 AM Lynn Southard
 2000 Opinions
Ċ 04-04-00_amendment_extraordinary_session.pdf
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May a constitutional amendment be proposed during an extraordinary session convened pursuant to Article IV, Section 6 of the New Mexico Constitution?  21k v. 4 Jun 12, 2012, 3:26 PM Lynn Southard
Ċ 05-16-00_transporting_prisoners.pdf
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Does a county sheriff’s department have exclusive responsibility for transporting county prisoners to and from court hearings once they have been committed to the county jail?  14k v. 4 Jun 12, 2012, 3:26 PM Lynn Southard
Ċ 06-15-00_mutualfunds.pdf
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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?  27k v. 4 Jun 12, 2012, 3:25 PM Lynn Southard
Ċ 11-01-00_rio_rancho_pepsi_cola.pdf
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City of Rio Rancho/Pepsi   23k v. 5 Jun 5, 2012, 2:59 PM Lynn Southard
 2001 Opinions
Ċ 09-24-01_bicycle_racing.pdf
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Bicycle Racing Act  57k v. 5 Jun 5, 2012, 2:56 PM Lynn Southard
Ċ 10-17-01_conservation_easements.pdf
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Valid conservation easements in NM counties  23k v. 4 Jun 5, 2012, 2:50 PM Lynn Southard
Ċ 11-01-00_indigent_hospital_county_health_care_act.pdf
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Is an amendment to the Indigent Hospital and County Health Care Act (NMSA 1978, ch. 27, art. 5) (“IHCHC Act”) enacted by 1999 N.M. Laws, ch. 37 (“Chapter 37”) valid and in effect?  57k v. 4 Jun 5, 2012, 2:47 PM Lynn Southard
Ċ 11-14-01_schoolrefundings.pdf
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School refundings  37k v. 4 Jun 5, 2012, 2:46 PM Lynn Southard
 2002 Opinions
Ċ 3-7-02_bindingarbitrationundercra.pdf
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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?  53k v. 4 Jun 5, 2012, 2:46 PM Lynn Southard
Ċ 6-13-02_homerulemunicipalities_economicdev.pdf
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Rio Rancho constitutional authority regarding developers  62k v. 5 Jun 5, 2012, 2:45 PM Lynn Southard
 2003 Opinion
Ċ 11-19-2003_payne_valles_caldera_hunt.pdf
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Do the State Game Commission􏰀s 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?  65k v. 4 Jun 5, 2012, 2:40 PM Lynn Southard
Ċ 1-15-03_conflict_of_jobs.pdf
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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?  52k v. 4 Jun 5, 2012, 2:38 PM Lynn Southard
Ċ 1-16-03_mayors_vote.pdf
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Does a mayor in a mayor/council form of government have the right to break a tie vote?  43k v. 4 Jun 5, 2012, 2:36 PM Lynn Southard
Ċ 1-23-03_tax_highway_proj.pdf
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Tribal authority to impose taxes on contractors performing work for the State of NM on the tribes' reservation.  65k v. 4 Jun 5, 2012, 2:35 PM Lynn Southard
Ċ 4-28-03_limited_jurisdiction_court.pdf
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Court of limited jurisdiction  47k v. 4 Jun 5, 2012, 2:32 PM Lynn Southard
Ċ 8-1-03_prc_commissioners_terms.pdf
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Term limits for PRC  54k v. 4 Jun 5, 2012, 2:18 PM Lynn Southard
 2004 Opinions
Ċ 11-9-04_provisionaballotquestions.pdf
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Provision ballot questions  19k v. 4 Jun 5, 2012, 2:01 PM Lynn Southard
Ċ 2-3-04_carraro_recount.pdf
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Grounds for recount in constitutional amendment election.  103k v. 4 Jun 5, 2012, 2:17 PM Lynn Southard
Ċ 5-12-04_ADAIR_undated_letters_of_resignation.pdf
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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.   26k v. 4 Jun 5, 2012, 2:16 PM Lynn Southard
Ċ 5-14-04_referendum_human_rights_act.pdf
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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?  29k v. 5 Jun 26, 2012, 2:07 PM Lynn Southard
Ċ 8-13-04_state-airplane.pdf
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NMDOT/Use of State Road Fund monies to purchase plane for general use by state  28k v. 4 Jun 5, 2012, 1:16 PM Lynn Southard
 2005 Opinions
Ċ 06-10-05_subcontractor_bonding_requirements.pdf
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Subcontractor bonding req.  75k v. 5 Jun 5, 2012, 1:14 PM Lynn Southard
Ċ 07-07-05_school-owned_land.pdf
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School owned land  43k v. 4 Jun 5, 2012, 1:14 PM Lynn Southard
Ċ 08-24-05_water_project_fund.pdf
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Water project fund  28k v. 4 Jun 5, 2012, 1:14 PM Lynn Southard
Ċ 11-15-05_brandenburg_warrantless_arrest-485.pdf
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Warrantless arrest  37k v. 4 Jun 5, 2012, 1:13 PM Lynn Southard
Ċ 2005 January 14 Opinion for D.A. Richard D. Flores 4th Judicial District.pdf
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Death penalty prosecution for murder of prison guard Ralph Garcia; Conflict of Interest for DA and entire staff   74k v. 4 May 30, 2012, 12:45 PM Lynn Southard
 2006 Opinions
Ċ 2006 April 17 Opinion for State Auditor Domingo Martinez.pdf
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Mutual Domestic Water Association   87k v. 4 Jun 27, 2012, 10:44 AM Lynn Southard
Ċ 2006 December 22 Opinion for Representative Wirth.pdf
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Magnet School Questions   95k v. 4 Jun 27, 2012, 10:44 AM Lynn Southard
Ċ 2006 January 26 Opinion for State Sentator Pete Campos.pdf
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Position at Luna Vocational-Technical Institute    84k v. 7 Jun 27, 2012, 10:44 AM Lynn Southard
 2007 Opinions
Ċ 2007 December 17 Opinion for Senator John Arthur Smith.pdf
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# 6 Contribution to state salaries of cabinet officers   161k v. 4 Jun 7, 2012, 11:28 AM Lynn Southard
Ċ 2007 February 7 Opinion for Senator Leonard Lee Rawson.pdf
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#1 Contributions to candidates for federal office.   28k v. 4 Jun 7, 2012, 11:28 AM Lynn Southard
Ċ 2007 January 18 Opinion for Senator Linda Lopez.pdf
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# 7 APS/Independent Police Department   253k v. 4 Jun 7, 2012, 11:28 AM Lynn Southard
Ċ 2007 July 18 Opinion for Representative Sheryl William Stapelton.pdf
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# 3 Public Funding for Misconduct Defense   108k v. 4 Jun 7, 2012, 11:29 AM Lynn Southard
Ċ 2007 July 9 Opinion for Representative Antonio Moe Maestas.pdf
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#2 House of Representatives/ redistrict membership  2374k v. 6 Jun 11, 2012, 1:08 PM Lynn Southard
Ċ 2007 September 10 Opinion for Representative Al Park.pdf
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#4 Applicability of IPRA   84k v. 4 Jun 7, 2012, 11:30 AM Lynn Southard
Ċ 2007 September 12 Opinion for Representative Jeanette Wallace.pdf
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#5 Los Alamos County and provisions under the Indigent Hospital & County Healthcare Act   204k v. 4 Jun 7, 2012, 11:30 AM Lynn Southard
 2008 Opinions
Ċ 2008 December 1 Opinion for Representative Miguel P. Garcia.pdf
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#7 Real ID Act   178k v. 4 Jun 7, 2012, 9:24 AM Lynn Southard
Ċ 2008 February 15 NMFA William C. Sisneros.pdf
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#1 Definition of lease-purchase arrangement as per EDT Act.   330k v. 4 Jun 7, 2012, 9:24 AM Lynn Southard
Ċ 2008 February 27 Opinion for Representative Nathan Cote & Sentator Mary Jane Garcia.pdf
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#2 Is NM state law violated by a specific business planning lease by and between the Commissioner of Public Lands and Solo Investments, LLC?    442k v. 4 Jun 7, 2012, 11:09 AM Lynn Southard
Ċ 2008 July 28 Opinion for DA Floyd D. Haake.pdf
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#4 Authority/Duty of DA to prosecute Civil/Criminal cases.   873k v. 4 Jun 7, 2012, 9:24 AM Lynn Southard
Ċ 2008 July 31 Opinion for Senator Leonard Lee Rawson.pdf
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#5 Health benefit provisions   142k v. 4 Jun 7, 2012, 9:25 AM Lynn Southard
Ċ 2008 March 8 Opinion for Representative Teresa Zanetti.pdf
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#3 Albuquerque-Bernalillo Air Quality Board   133k v. 4 Jun 7, 2012, 9:25 AM Lynn Southard
Ċ 2008 November 6 Senator Leonard Lee Rawson.pdf
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#6 Las Cruces Municipal Court   99k v. 4 Jun 7, 2012, 9:29 AM Lynn Southard
 2009 Opinions
Ċ 2009 December 30 Opinion for NMSWCC Chairman Duston L. Hunt.pdf
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#4 Soil & Water Conservation Commission   335k v. 4 Jun 7, 2012, 9:13 AM Lynn Southard
Ċ 2009 July 7 Opinion for Senator John Smith.pdf
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#1 Deputy Sheriff Position   174k v. 4 Jun 7, 2012, 9:13 AM Lynn Southard
Ċ 2009 July 9 Opinion for Representative Jack Thomas.pdf
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#2 Can a Rio Rancho City Councilor also hold office of Sandoval County Assessor?   84k v. 4 Jun 7, 2012, 9:13 AM Lynn Southard
Ċ 2009 October 14 Opinion for Chief Justice Chavez.pdf
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#3 Authority of state judges to administer oath of office to an elected official.   209k v. 4 Jun 7, 2012, 9:13 AM Lynn Southard
 2010 Opinions
Ċ 2010 December 27 Opinion for Representative Sheryl Williams Stapelton.pdf
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#6 Legality of PED paying publisher or depository under the Instructional Material law.   145k v. 4 Jun 7, 2012, 8:32 AM Lynn Southard
Ċ 2010 December 3 Opinion for ERB Executive Director Jan Goodwin.pdf
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#5 Educational Retirement Act provision for reimbursement of legal fees incurred by former board chairman.   1935k v. 4 Jun 7, 2012, 8:31 AM Lynn Southard
Ċ 2010 February 23 NM Sentencing Commission Chair John Bigelow.pdf
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#2 New Mexico Sentencing Commission  2484k v. 4 Jun 14, 2012, 12:39 PM Lynn Southard
Ċ 2010 January 7 Opinion for SoE Dr. Veronica Garcia.pdf
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#1 New school district.   3074k v. 4 Jun 7, 2012, 8:31 AM Lynn Southard
Ċ 2010 November 10 Opinion for Senator Ron Adair.pdf
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#3 Campaign Reporting Act   33k v. 4 Jun 7, 2012, 8:31 AM Lynn Southard
Ċ 2010 November 22 Opinion for Senator Phil Griego.pdf
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#4 Use of school district funds   139k v. 4 Jun 7, 2012, 8:30 AM Lynn Southard
 2011 Opinions
Ċ 2011 February 7 Opinion for Senator Mimi Stewart.pdf
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#2 Solar panels/homeowners associations   272k v. 4 Jun 6, 2012, 10:16 AM Lynn Southard
Ċ 2011 January 2 Opinion for Representative Al Park.pdf
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#1 NM validity for same-sex marriages performed in other jurisdictions.   757k v. 7 Jun 26, 2013, 3:31 PM Lynn Southard
Ċ 2011 March 16 Opinion for Senator Timothy Jennings.pdf
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#3 Reinstatement of driver's license   604k v. 5 Jun 6, 2012, 10:16 AM Lynn Southard
Ċ 2011 May 11 Opinion for Los Alamos County Acting CA Randy M. Autio.pdf
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#4 Approval of County Projects  199k v. 4 Jun 13, 2012, 2:12 PM Lynn Southard
Ċ 2011 May 12 Opinion for Representative Thomas Garcia.pdf
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#5 Residency Requirement  193k v. 3 Jun 13, 2012, 2:07 PM Lynn Southard
Ċ 2011 November 21 Opnion for Senator Bernadette M. Sanchez.pdf
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#6 CID authority  1806k v. 4 Jun 13, 2012, 2:02 PM Lynn Southard
 2012 Opinions
Ċ 16 Aug 2012-Honorable Dianna Duran-Opinion 12-05.pdf
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# 5 May a municipality propose a question on the statewide general election ballot?  405k v. 2 Aug 20, 2012, 2:29 PM Lynn Southard
Ċ 2012 February 1 Opinion for Representatives Mimi Stewart and Rick Miera.pdf
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#3 Anti-donation clause and other questions   895k v. 4 May 30, 2012, 2:46 PM Lynn Southard
Ċ 2012 February 28 Opinion for Senator John M. Sapien.pdf
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#4 County Probate Judge Appointees   1088k v. 4 May 30, 2012, 2:46 PM Lynn Southard
Ċ 2012 January 19 Opinion for Representative Joni Marie Gutierrez and Senator Nancy Rodriguez.pdf
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#2 Out-of-State Public Housing Authority   556k v. 4 May 30, 2012, 2:45 PM Lynn Southard
Ċ 2012 January 9 Representative Eleanor Chavez.pdf
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#1 Amnesty to a Seller  151k v. 3 May 30, 2012, 2:50 PM Lynn Southard
Ċ 21 Dec. 2012-Opinion 12-07.pdf
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#7 Does the Health Insurance Alliance Act provide the necessary legal authority for the state to establish a health insurance exchange under the federal Patient Protection and Affordable Care Act?   739k v. 2 Dec 28, 2012, 3:19 PM Lynn Southard
Ċ 29 Oct 2012 Opinion for Jason Marks.pdf
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#6 Questions concerning Legal Division of the Public Regulation Commission (“PRC”) and Office of General Counsel (“OGC”)  1297k v. 2 Oct 30, 2012, 10:32 AM Lynn Southard
 2013 Opinions
Ċ 18 April 2013 Opinion for Honorable Hector Balderas.pdf
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#1 Is the Town of Cochiti Lake (“Town”) subject to certain provisions of the state’s public money statutes, specifically NMSA 1978, Sections 6-10-10, 6-10-36 and 6-10-44?   594k v. 2 Apr 30, 2013, 10:03 AM Lynn Southard
Ċ 22 Nov. 2013-Opinion for State Senators as Named in Opinion.pdf
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#3 May the Governor unilaterally withhold a capital outlay appropriation made to an agency by the legislature?  1819k v. 2 Nov 25, 2013, 12:27 PM Lynn Southard
Ċ 25 Sep. 2013-Senator Sharer-Opinion 13-02.pdf
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#2 Questions regarding Class II and Class III gaming.  908k v. 2 Oct 16, 2013, 1:47 PM Lynn Southard
 2014 Opinions
Ċ 17 Feb. 2014-Senator Michael Sanchez-Opinion 14-01.pdf
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#1 Do New Mexico counties have the authority to charge utility companies a fee for the use of rights-of-way pursuant to any legal principle or law, including NMSA 1978, Section 62-1-3?  186k v. 2 Feb 24, 2014, 7:14 AM Lynn Southard
Ċ 1 April 2014 Representative Varela-14-04.pdf
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#4 Can a private landowner exclude others from fishing in a public stream that flows across the landowner's property?  429k v. 2 Apr 10, 2014, 6:23 AM Lynn Southard
Ċ 1 April 2014-Senator Lopez 14-03.pdf
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#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?   456k v. 2 Apr 9, 2014, 10:35 AM Lynn Southard
Ċ 3 March 2014-Honorable Gorden Eden-Opinion 14-02.pdf
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#2 Does a gubernatorial pardon allow a person convicted of a felony to be eligible for a concealed handgun license under New Mexico law?  190k v. 2 Mar 12, 2014, 10:38 AM Lynn Southard
 Requests not granted
Ċ 06-06-07_oplet-putnam_letter.pdf
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  11k v. 2 May 23, 2012, 1:29 PM Lynn Southard