2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 1 - Compilation Commission
Section 12-1-3 - Powers of commission.

Universal Citation: NM Stat § 12-1-3 (2018)
12-1-3. Powers of commission.

The New Mexico compilation commission, acting on the advice and approval of an advisory committee appointed by the New Mexico supreme court, may:

A. provide for official, annotated compilations of the New Mexico statutes, including court rules governing practice and procedure in the state courts, provide for supplements to the compilations and do all other necessary things pertaining to the publication of any compilation and related publications;

B. provide for the sale of any compilation and the supplements thereto;

C. provide for exchange of compilations and supplements with exchange libraries of other states and territories;

D. contract with the publisher of any compilation as may be necessary or desirable to carry out the provisions of this section;

E. do all things necessary to keep current one or more computer databases of publications published by the compilation commission and parallel tables prepared by the commission for computerized search and manipulation; and

F. hire an executive director. The executive director shall:

(1) serve as the chief administrative officer of the commission;

(2) serve at the pleasure of the commission;

(3) carry out the policies established by the commission; and

(4) within available funding, hire such additional staff as necessary to effectuate the powers exercised by the commission.

History: 1953 Comp., § 1-1-3, enacted by Laws 1977, ch. 74, § 2; 1979, ch. 106, § 4; 2006, ch. 70, § 2.

ANNOTATIONS

Repeals and reenactments. — Laws 1977, ch. 74, § 2, repealed former 1-1-3, 1953 Comp., relating to powers and duties of compilation commission, and enacted a new 1-1-3, 1953 Comp.

The 2006 amendment, effective July 1, 2006, deleted the provision that the commission acts through the secretary; deleted former Subsection A, which provided that the commission carry out the contract referred to in Section 12-1-1 NMSA 1978; provided in Subsection A (formerly Subsection B) that the official compilation includes court rules governing practice and procedure in state courts; and added a new Subsection F to authorize and provide the duties of an executive director.

Compilation presumptively official. — Compiled versions of statutes and court rules, certified by the compilation commission, are presumptively official. State v. Sandoval, 2003-NMSC-027, 134 N.M. 453, 78 P.3d 907.

Rules compilation. — Where the supreme court authorized the compilation commission to follow a set of drafting guidelines in the recompilation of the 1986 Supreme Court Rules Annotated, and the court approved the recompiled versions of the rules, instructions and forms, the version of the rules appearing in the 1986 Supreme Court Rules Annotated, and later in the New Mexico Rules Annotated, was the "official" version approved by the supreme court. State v. Sandoval, 2003-NMSC-027, 134 N.M. 453, 78 P.3d 907.

The advisory committee's advice and approval is a condition precedent to the valid exercise of the compilation commission's authority. — Where petitioner sought a writ of mandamus directing respondent, the advisory committee to the New Mexico compilation commission, to effectuate the compilation of three constitutional amendments, and where respondent argued that it was not the proper respondent for the relief being sought by petitioner, because it had no responsibility to declare the results of an election and it therefore has not failed to fulfill any legal duty to petitioner, the New Mexico supreme court held that the advisory committee is the proper respondent because the New Mexico compilation commission's duty is to compile, certify, and publish the various laws and duly ratified constitutional amendments of the state of New Mexico and the advisory committee's advice and approval is a condition precedent to the valid exercise of the compilation commission's authority. State ex rel. League of Women Voters v. Advisory Comm., 2017-NMSC-025.

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