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NEW
MEXICO
CONSTITUTION OF THE STATE OF
NEW MEXICO
ADOPTED JANUARY 21,
1911
ARTICLE I
NAME AND BOUNDARIES
The name of this state is New Mexico, and its
boundaries are as follows:
Beginning at the point where the thirty-seventh
parallel of north latitude intersects the one hundred and third meridian
west from Greenwich; thence along said one hundred and third meridian to
the thirty-second parallel of north latitude; thence along said
thirty-second parallel to the Rio Grande, also known as the Rio Bravo
del Norte, as it existed on the ninth day of September, one thousand
eight hundred and fifty; thence, following the main channel of said
river, as it existed on the ninth day of September, one thousand eight
hundred and fifty, to the parallel of thirty-one degrees forty-seven
minutes north latitude; thence west one hundred miles to a point; thence
south to the parallel of thirty-one degrees twenty minutes north
latitude; thence along said parallel of thirty-one degrees twenty
minutes, to the thirty-second meridian of longitude west from
Washington; thence along said thirty-second meridian to the
thirty-seventh parallel of north latitude; thence along said
thirty-seventh parallel to the point of beginning.
ARTICLE II
BILL OF RIGHTS
Section 1. [Supreme law of the land.]
Statute text
The state of New Mexico is an inseparable part of the
federal union, and the constitution of the United States is the supreme
law of the land.
Sec. 2. [Popular sovereignty.]
Statute text
All political power is vested in and derived from the
people: all government of right originates with the people, is founded
upon their will and is instituted solely for their good.
Sec. 3. [Right of self-government.]
Statute text
The people of the state have the sole and exclusive
right to govern themselves as a free, sovereign and independent state.
Sec. 4. [Inherent rights.]
Statute text
All persons are born equally free, and have certain
natural, inherent and inalienable rights, among which are the rights of
enjoying and defending life and liberty, of acquiring, possessing and
protecting property, and of seeking and obtaining safety and happiness.
Sec. 5. [Rights under Treaty of Guadalupe Hidalgo preserved.]
Statute text
The rights, privileges and immunities, civil,
political and religious guaranteed to the people of New Mexico by the
Treaty of Guadalupe Hidalgo shall be preserved inviolate.
Sec. 6. [Right to bear arms.]
Statute text
No law shall abridge the right of the citizen to keep
and bear arms for security and defense, for lawful hunting and
recreational use and for other lawful purposes, but nothing herein shall
be held to permit the carrying of concealed weapons. No municipality or
county shall regulate, in any way, an incident of the right to keep and
bear arms. (As amended November 2, 1971 and November 2, 1986.)
Sec. 7. [Habeas corpus.]
Statute text
The privilege of the writ of habeas corpus shall
never be suspended, unless, in case of rebellion or invasion, the public
safety requires it.
Sec. 8. [Freedom of elections.]
Statute text
All elections shall be free and open, and no power,
civil or military, shall at any time interfere to prevent the free
exercise of the right of suffrage.
Sec. 9. [Military power subordinate; quartering of soldiers.]
Statute text
The military shall always be in strict subordination
to the civil power; no soldier shall in time of peace be quartered in
any house without the consent of the owner, nor in time of war except in
the manner prescribed by law.
Sec. 10. [Searches and seizures.]
Statute text
The people shall be secure in their persons, papers,
homes and effects, from unreasonable searches and seizures, and no
warrant to search any place, or seize any person or thing, shall issue
without describing the place to be searched, or the persons or things to
be seized, nor without a written showing of probable cause, supported by
oath or affirmation.
Sec. 11. [Freedom of religion.]
Statute text
Every man shall be free to worship God according to
the dictates of his own conscience, and no person shall ever be molested
or denied any civil or political right or privilege on account of his
religious opinion or mode of religious worship. No person shall be
required to attend any place of worship or support any religious sect or
denomination; nor shall any preference be given by law to any religious
denomination or mode of worship.
Sec. 12. [Trial by jury; less than unanimous verdicts in civil cases.]
Statute text
The right of trial by jury as it has heretofore
existed shall be secured to all and remain inviolate. In all cases
triable in courts inferior to the district court the jury may consist of
six. The legislature may provide that verdicts in civil cases may be
rendered by less than a unanimous vote of the jury.
Sec. 13. [Bail; excessive fines; cruel and unusual punishment.]
Statute text
All persons shall, before conviction be bailable by
sufficient sureties, except for capital offenses when the proof is
evident or the presumption great and in situations in which bail is
specifically prohibited by this section. Excessive bail shall not be
required, nor excessive fines imposed, nor cruel and unusual punishment
inflicted.
Bail may be denied by the district court for a period
of sixty days after the incarceration of the defendant by an order
entered within seven days after the incarceration, in the following
instances:
A. the defendant is accused of a felony and has
previously been convicted of two or more felonies, within the state,
which felonies did not arise from the same transaction or a common
transaction with the case at bar;
B. the defendant is accused of a felony involving the
use of a deadly weapon and has a prior felony conviction, within the
state. The period for incarceration without bail may be extended by any
period of time by which trial is delayed by a motion for a continuance
made by or on behalf of the defendant. An appeal from an order denying
bail shall be given preference over all other matters. (As amended
November 4, 1980 and November 8, 1988.)
Sec. 14. [Indictment and information; grand juries; rights of accused.]
(1993)
Statute text
No person shall be held to answer for a capital,
felonious or infamous crime unless on a presentment or indictment of a
grand jury or information filed by a district attorney or attorney
general or their deputies, except in cases arising in the militia when
in actual service in time of war or public danger. No person shall be
so held on information without having had a preliminary examination
before an examining magistrate, or having waived such preliminary
examination.
A grand jury shall be composed of such number, not
less than twelve, as may be prescribed by law. Citizens only, residing
in the county for which a grand jury may be convened and qualified as
prescribed by law, may serve on a grand jury. Concurrence necessary for
the finding of an indictment by a grand jury shall be prescribed by law;
provided, such concurrence shall never be by less than a majority of
those who compose a grand jury, and, provided, at least eight must
concur in finding an indictment when a grand jury is composed of twelve
in number. Until otherwise prescribed by law a grand jury shall be
composed of twelve in number of which eight must concur in finding an
indictment. A grand jury shall be convened upon order of a judge of a
court empowered to try and determine cases of capital, felonious or
infamous crimes at such times as to him shall be deemed necessary, or a
grand jury shall be ordered to convene by such judge upon the filing of
a petition therefore signed by not less than the greater of two hundred
registered voters or two percent of the registered voters of the county,
or a grand jury may be convened in any additional manner as may be
prescribed by law.
In all criminal prosecutions, the accused shall have
the right to appear and defend himself in person, and by counsel; to
demand the nature and cause of the accusation; to be confronted with the
witnesses against him; to have the charge and testimony interpreted to
him in a language that he understands; to have compulsory process to
compel the attendance of necessary witnesses in his behalf, and a speedy
public trial by an impartial jury of the county or district in which the
offense is alleged to have been committed. (As amended November 4, 1924,
effective January 1, 1925, November 4, 1980, and November 8, 1994.)
Sec. 15. [Self-incrimination; double jeopardy.]
Statute text
No person shall be compelled to testify against
himself in a criminal proceeding, nor shall any person be twice put in
jeopardy for the same offense; and when the indictment, information or
affidavit upon which any person is convicted charges different offenses
or different degrees of the same offense and a new trial is granted the
accused, he may not again be tried for an offense or degree of the
offense greater than the one of which he was convicted.
Sec. 16. [Treason.]
Statute text
Treason against the state shall consist only in
levying war against it, adhering to its enemies, or giving them aid and
comfort. No person shall be convicted of treason unless on the testimony
of two witnesses to the same overt act, or on confession in open court.
Sec. 17. [Freedom of speech and press; libel.]
Statute text
Every person may freely speak, write and publish his
sentiments on all subjects, being responsible for the abuse of that
right; and no law shall be passed to restrain or abridge the liberty of
speech or of the press. In all criminal prosecutions for libels, the
truth may be given in evidence to the jury; and if it shall appear to
the jury that the matter charged as libelous is true and was published
with good motives and for justifiable ends, the party shall be
acquitted.
Sec. 18. [Due process; equal protection; sex discrimination.]
Statute text
No person shall be deprived of life, liberty or
property without due process of law; nor shall any person be denied
equal protection of the laws. Equality of rights under law shall not be
denied on account of the sex of any person. The effective date of this
amendment shall be July 1, 1973. (As amended November 7, 1972).
Sec. 19. [Retroactive laws; bills of attainder; impairment of
contracts.]
Statute text
No ex post facto law, bill of attainder nor law
impairing the obligation of contracts shall be enacted by the
legislature
Sec. 20. [Eminent domain.]
Statute text
Private property shall not be taken or damaged for
public use without just compensation.
Sec. 21. [Imprisonment for debt.]
Statute text
No person shall be imprisoned for debt in any civil
action.
Sec. 22. [Alien landownership.]
Statute text
Until otherwise provided by law no alien, ineligible
to citizenship under the laws of the United States, or corporation,
copartnership or association, a majority of the stock or interest in
which is owned or held by such aliens, shall acquire title, leasehold or
other interest in or to real estate in New Mexico. (As amended September
20, 1921.)
Sec. 23. [Reserved rights.]
Statute text
The enumeration in this constitution of certain
rights shall not be construed to deny, impair or disparage others
retained by the people.
Sec. 24. [Victim's rights.] (1992)
Statute text
A. A victim of arson resulting in bodily injury,
aggravated arson, aggravated assault, aggravated battery, dangerous use
of explosives, negligent use of a deadly weapon, murder, voluntary
manslaughter, involuntary manslaughter, kidnapping, criminal sexual
penetration, criminal sexual contact of a minor, homicide by vehicle,
great bodily injury by vehicle or abandonment or abuse of a child or
that victim's representative shall have the following rights as provided
by law:
(1) the right to be treated with fairness and respect
for the victim's dignity and privacy throughout the criminal justice
process;
(2) the right to timely disposition of the case;
(3) the right to be reasonably protected from the
accused throughout the criminal justice process;
(4) the right to notification of court proceedings;
(5) the right to attend all public court proceedings
the accused has the right to attend;
(6) the right to confer with the prosecution;
(7) the right to make a statement to the court at
sentencing and at any post-sentencing hearings for the accused;
(8) the right to restitution from the person
convicted of the criminal conduct that caused the victim's loss or
injury;
(9) the right to information about the conviction,
sentencing, imprisonment, escape or release of the accused;
(10) the right to have the prosecuting attorney
notify the victim's employer, if requested by the victim, of the
necessity of the victim's cooperation and testimony in a court
proceeding that may necessitate the absence of the victim from work for
good cause; and
(11) the right to promptly receive any property
belonging to the victim that is being held for evidentiary purposes by a
law enforcement agency or the prosecuting attorney, unless there are
compelling evidentiary reasons for retention of the victim's property.
B. A person accused or convicted of a crime against
a victim shall have no standing to object to any failure by any person
to comply with the provisions of Subsection A of Section 24 of
Article 2 of the constitution of New Mexico.
C. The provisions of this amendment shall not take
effect until the legislature enacts laws to implement this amendment.
(As added November 3, 1992.)
ARTICLE III
DISTRIBUTION OF POWERS
Section 1. [Separation of departments; establishment of workers
compensation body.]
Statute text
The powers of the government of this state are
divided into three distinct departments, the legislative, executive and
judicial, and no person or collection of persons charged with the
exercise of powers properly belonging to one of these departments, shall
exercise any powers properly belonging to either of the others, except
as in this constitution otherwise expressly directed or permitted.
Nothing in this section, or elsewhere in this constitution, shall
prevent the legislature from establishing, by statute, a body with
statewide jurisdiction other than the courts of this state for the
determination of rights and liabilities between persons when those
rights and liabilities arise from transactions or occurrences involving
personal injury sustained in the course of employment by an employee.
The statute shall provide for the type and organization of the body, the
mode of appointment or election of its members and such other matters as
the legislature may deem necessary or proper. (As amended November 4,
1986.)
ARTICLE IV
LEGISLATIVE DEPARTMENT
Section 1. [Vesting of legislative power; location of sessions;
referendum on legislation.]
Statute text
The legislative power shall be vested in a senate and
house of representatives which shall be designated the legislature of
the state of New Mexico, and shall hold its sessions at the seat of
government.
The people reserve the power to disapprove, suspend
and annul any law enacted by the legislature, except general
appropriation laws; laws providing for the preservation of the public
peace, health or safety; for the payment of the public debt or interest
thereon, or the creation or funding of the same, except as in this
constitution otherwise provided; for the maintenance of the public
schools or state institutions, and local or special laws. Petitions
disapproving any law other than those above excepted, enacted at the
last preceding session of the legislature, shall be filed with the
secretary of state not less than four months prior to the next general
election. Such petitions shall be signed by not less than ten per centum
of the qualified electors of each of three-fourths of the counties and
in the aggregate by not less than ten per centum of the qualified
electors of the state, as shown by the total number of votes cast at the
last preceding general election. The question of the approval or
rejection of such law shall be submitted by the secretary of state to
the electorate at the next general election; and if a majority of the
legal votes cast thereon, and not less than forty per centum of the
total number of legal votes cast at such general election, be cast for
the rejection of such law, it shall be annulled and thereby repealed
with the same effect as if the legislature had then repealed it, and
such repeal shall revive any law repealed by the act so annulled;
otherwise, it shall remain in force unless subsequently repealed by the
legislature. If such petition or petitions be signed by not less than
twenty-five per centum of the qualified electors under each of the
foregoing conditions, and be filed with the secretary of state within
ninety days after the adjournment of the session of the legislature at
which such law was enacted, the operation thereof shall be thereupon
suspended and the question of its approval or rejection shall be
likewise submitted to a vote at the next ensuing general election. If a
majority of the votes cast thereon and not less than forty per centum of
the total number of votes cast at such general election be cast for its
rejection, it shall be thereby annulled; otherwise, it shall go into
effect upon publication of the certificate of the secretary of state
declaring the result of the vote thereon. It shall be a felony for any
person to sign any such petition with any name other than his own, or to
sign his name more than once for the same measure, or to sign such
petition when he is not a qualified elector in the county specified in
such petition; provided, that nothing herein shall be construed to
prohibit the writing thereon of the name of any person who cannot write,
and who signs the same with his mark. The legislature shall enact laws
necessary for the effective exercise of the power hereby reserved.
Sec. 2. [Powers generally; disaster emergency procedure.]
Statute text
In addition to the powers herein enumerated, the
legislature shall have all powers necessary to the legislature of a free
state, including the power to enact reasonable and appropriate laws to
guarantee the continuity and effective operation of state and local
government by providing emergency procedure for use only during periods
of disaster emergency. A disaster emergency is defined as a period when
damage or injury to persons or property in this state, caused by enemy
attack, is of such magnitude that a state of martial law is declared to
exist in the state, and a disaster emergency is declared by the chief
executive officer of the United States and the chief executive officer
of this state, and the legislature has not declared by joint resolution
that the disaster emergency is ended. Upon the declaration of a disaster
emergency, the chief executive of the state shall within seven days call
a special session of the legislature, which shall remain in continuous
session during the disaster emergency, and may recess from time to time
for [not] more than three days. (As amended November 8, 1960.)
Sec. 3. [Number and
qualifications of members; single-member districts; reapportionment.]
Statute text
A. Senators shall not be less than twenty-five years
of age and representatives not less than twenty-one years of age at the
time of their election. If any senator or representative permanently
removes his residence from or maintains no residence in the district
from which he was elected, then he shall be deemed to have resigned and
his successor shall be selected as provided in Section 4 of this
article. No person shall be eligible to serve in the legislature who, at
the time of qualifying, holds any office of trust or profit with the
state, county or national governments, except notaries public and
officers of the militia who receive no salary.
B. The senate shall be composed of no more than
forty-two members elected from single-member districts.
C. The house of representatives shall be composed of
no more than seventy members elected from single-member districts.
D. Once following publication of the official report
of each federal decennial census hereafter conducted, the legislature
may by statute reapportion its membership. (As repealed and reenacted
November 2, 1976.)
Sec. 4. [Terms of office of members; time of election; filling of
vacancies.]
Statute text
Members of the legislature shall be elected as
follows: those senators from Bernalillo, Chaves, Curry, DeBaca, Grant,
Lea, Lincoln, Luna, Sandoval, San Juan, San Miguel, Socorro, Taos,
Torrance, Union and Valencia counties for a term of six years starting
January 1, 1961, and after serving such terms shall be elected for a
term of four years thereafter; those senators from all other counties
for the terms of four years, and members of the house of representatives
for a term of two years. They shall be elected on the day provided by
law for holding the general election of state officers or
representatives in congress. If a vacancy occurs in the office of
senator or member of the house of representatives, for any reason, the
county commissioners of the county wherein the vacancy occurs shall fill
such vacancy by appointment.
Such legislative appointments as provided in this
section shall be for a term ending on December 31, subsequent to the
next succeeding general election. (As amended September 15, 1953, and
November 8, 1960.)
Sec. 5. [Time and length of sessions; items considered in even-numbered
years.]
Statute text
A. Each regular session of the legislature shall
begin annually at 12:00 noon on the third Tuesday of January. Every
regular session of the legislature convening during an odd-numbered year
shall remain in session not to exceed sixty days, and every regular
session of the legislature convening during an even-numbered year shall
remain in session not to exceed thirty days. No special session of the
legislature shall exceed thirty days.
B. Every regular session of the legislature
convening during an even-numbered year shall consider only the
following:
(1) Budgets, appropriations and revenue bills;
(2) Bills drawn pursuant to special messages of the
governor; and
(3) Bills of the last previous regular session vetoed
by the governor.
(As amended November 5, 1940, November 5, 1946, and
November 3, 1964).
Sec. 6. [Special session; extraordinary session.]
Statute text
Special sessions of the legislature may be called by
the governor, but no business shall be transacted except such as relates
to the objects specified in this proclamation. Provided, however, that
when three-fifths of the members elected to the house of representatives
and three-fifths of the members elected to the senate shall have
certified to the governor of the state of New Mexico that in their
opinion an emergency exists in the affairs of the state of New Mexico,
it shall thereupon be the duty of said governor and mandatory upon him,
within five days from the receipt of such certificate or certificates,
to convene said legislature in extraordinary session for all purposes;
and in the event said governor shall, within said time, Sundays
excluded, fail or refuse to convene said legislature as aforesaid, then
and in that event said legislature may convene itself in extraordinary
session, as if convened in regular session, for all purposes, provided
that such extraordinary self-convened session shall be limited to a
period of thirty days, unless at the expiration of said period, there
shall be pending an impeachment trial of some officer of the state
government, in which event the legislature shall be authorized to remain
in session until such trial shall have been completed. (As amended
November 2, 1948.)
Sec. 7. [Judge of election and qualification of members; quorum.]
Statute text
Each house shall be the judge of the election and
qualifications of its own members. A majority of either house shall
constitute a quorum to do business, but a less number may effect a
temporary organization, adjourn from day to day and compel the
attendance of absent members.
Sec. 8. [Call to order; presiding officers.]
Statute text
The senate shall be called to order in the hall of
the senate by the lieutenant governor. The senate shall elect a
president pro tempore who shall preside in the absence of the lieutenant
governor and shall serve until the next session of the legislature. The
house of representatives shall be called to order in the hall of said
house by the secretary of state. He shall preside until the election of
a speaker, who shall be the member receiving the highest number of votes
for that office.
Sec. 9. [Selection and compensation of officers and employees.]
Statute text
The legislature shall select its own officers and
employees and fix their compensation. Each house shall have one
chaplain, one chief clerk and one sergeant at arms; and there shall be
one assistant chief clerk and one assistant sergeant at arms for each
house; and each house may employ such enrolling clerks, reading clerks,
stenographers, janitors and such subordinate employees in addition to
those enumerated, as they may reasonably require and their compensation
shall be fixed by the said legislature at the beginning of each session.
(As amended November 2, 1948.)
Sec. 10. [Compensation of members.]
Statute text
Each member of the legislature shall receive:
A. per diem at the internal revenue service per diem
rate for the city of Santa Fe for each day's attendance during each
session of the legislature and the internal revenue service standard
mileage rate for each mile traveled in going to and returning from the
seat of government by the usual traveled route, once each session as
defined by Article 4, Section 5 of this constitution;
B. per diem expense and mileage at the same rates as
provided in Subsection A of this section for service at meetings
required by legislative committees established by the legislature to
meet in the interim between sessions; and
C. no other compensation, perquisite or allowance.
(As amended November 7, 1944, September 15, 1953, November 2, 1971,
November 2, 1982 and November 5, 1996.)
Sec. 11. [Rules of procedure; contempt or disorderly conduct;
expulsion of members.]
Statute text
Each house may determine the rules of its procedure
punish its members or others for contempt or disorderly behavior in its
presence and protect its members against violence; and may, with the
concurrence of two-thirds of its members, expel a member, but not a
second time for the same act. Punishment for contempt or disorderly
behavior or by expulsion shall not be a bar to criminal prosecution.
Sec. 12. [Public sessions; journals.]
Statute text
All sessions of each house shall be public. Each
house shall keep a journal of its proceedings and the yeas and nays on
any questions shall, at the request of one-fifth of the members present,
be entered thereon. The original thereof shall be filed with the
secretary of state at the close of the session, and shall be printed and
published under his authority.
Sec. 13. [Privileges and immunities.]
Statute text
Members of the legislature shall, in all cases except
treason, felony and breach of the peace, be privileged from arrest
during their attendance at the sessions of their respective houses, and
on going to and returning from the same. And they shall not be
questioned in any other place for any speech or debate or for any vote
cast in either house.
Sec. 14. [Adjournment.]
Statute text
Neither house shall, without the consent of the
other, adjourn for more than three days, Sundays excepted; nor to any
other place than that where the two houses are sitting; and on the day
of the final adjournment they shall adjourn at twelve o'clock, noon.
Sec. 15. [Laws to be passed by bill; alteration of bill; enacting
clause; printing and reading of bill.]
Statute text
No law shall be passed except by bill, and no bill
shall be so altered or amended on its passage through either house as to
change its original purpose. The enacting clause of all bills shall be:
"Be it enacted by the legislature of the state of New Mexico." Any bill
may originate in either house. No bill, except bills to provide for the
public peace, health and safety, and the codification or revision of the
laws, shall become a law unless it has been printed, and read three
different times in each house, not more than two of which readings shall
be on the same day, and the third of which shall be in full.
Sec. 16. [Subject of bill in title; appropriation bills.]
Statute text
The subject of every bill shall be clearly expressed
in its title, and no bill embracing more than one subject shall be
passed except general appropriation bills and bills for the codification
or revision of the laws; but if any subject is embraced in any act which
is not expressed in its title, only so much of the act as is not so
expressed shall be void. General appropriation bills shall embrace
nothing but appropriations for the expense of the executive, legislative
and judiciary departments, interest, sinking fund, payments on the
public debt, public schools and other expenses required by existing
laws; but if any such bill contain any other matter, only so much
thereof as is hereby forbidden to be placed therein shall be void. All
other appropriations shall be made by separate bills.
Sec. 17. [Passage of bills.]
Statute text
No bill shall be passed except by a vote of a
majority of the members present in each house, nor unless on its final
passage a vote be taken by yeas and nays, and entered on the journal.
Sec. 18. [Amendment of statutes.]
Statute text
No law shall be revised or amended, or the provisions
thereof extended by reference to its title only; but each section
thereof as revised, amended or extended shall be set out in full.
Notwithstanding the foregoing or any other provision
of this constitution, the legislature, in any law imposing a tax or
taxes, may define the amount on, in respect to or by which such tax or
taxes are imposed or measured, by reference to any provision of the laws
of the United States as the same may be or become effective at any time
or from time to time, and may prescribe exceptions or modifications to
any such provision. (As amended November 3, 1964.)
Sec. 19. [Introduction of bills.]
Statute text
Time limitation on the introduction of bills at any
session of the legislature shall be established by law. (As amended
November 8, 1932, and November 8, 1960.)
Sec. 20. [Enrollment, engrossment and signing of bills.]
Statute text
Immediately after the passage of any bill or
resolution, it shall be enrolled and engrossed, and read publicly in
full in each house, and thereupon shall be signed by the presiding
officers of each house in open session, and the fact of such reading and
signing shall be entered on the journal. No interlineations or erasure
in a signed bill, shall be effective, unless certified thereon in
express terms by the presiding officer of each house quoting the words
interlined or erased, nor unless the fact of the making of such
interlineations or erasure be publicly announced in each house and
entered on the journal.
Sec. 21. [Alteration or theft of bill.]
Statute text
Any person who shall, without lawful authority,
materially change or alter, or make away with, any bill pending in or
passed by the legislature, shall be deemed guilty of a felony and upon
conviction thereof shall be punished by imprisonment in the penitentiary
for not less than one year nor more than five years.
Sec. 22. [Governor's approval or veto of bills.]
Statute text
Every bill passed by the legislature shall, before it
becomes a law, be presented to the governor for approval. If he
approves, he shall sign it, and deposit it with the secretary of state;
otherwise, he shall return it to the house in which it originated, with
his objections, which shall be entered at large upon the journal; and
such bill shall not become a law unless thereafter approved by
two-thirds of the members present and voting in each house by yea and
nay vote entered upon its journal. Any bill not returned by the governor
within three days, Sundays excepted, after being presented to him, shall
become a law, whether signed by him or not, unless the legislature by
adjournment prevent such return. Every bill presented to the governor
during the last three days of the session shall be approved by him
within twenty days after the adjournment and shall be by him immediately
deposited with the secretary of state. Unless so approved and signed by
him such bill shall not become a law. The governor may in like manner
approve or disapprove any part or parts, item or items, of any bill
appropriating money, and such parts or items approved shall become a
law, and such as are disapproved shall be void unless passed over his
veto, as herein provided. (As amended September 15, 1953.)
Sec. 23. [Effective date of law; emergency acts.]
Statute text
Laws shall go into effect ninety days after the
adjournment of the legislature enacting them, except general
appropriation laws, which shall go into effect immediately upon their
passage and approval. Any act necessary for the preservation of the
public peace, health or safety, shall take effect immediately upon its
passage and approval, provided it be passed by two-thirds vote of each
house and such necessity be stated in a separate section.
Sec. 24. [Local or special laws.]
Statute text
The legislature shall not pass local or special laws
in any of the following cases: regulating county, precinct or district
affairs; the jurisdiction and duties of justices of the peace, police
magistrates and constables; the practice in courts of justice; the rate
of interest on money; the punishment for crimes and misdemeanors; the
assessment or collection of taxes or extending the time of collection
thereof; the summoning and impaneling of jurors; the management of
public schools; the sale or mortgaging of real estate of minors or
others under disability; the change of venue in civil or criminal cases.
Nor in the following cases: granting divorces; laying out, opening,
altering or working roads or highways, except as to state roads
extending into more than one county, and military roads; vacating roads,
town plats, streets, alleys or public grounds; locating or changing
county seats, or changing county lines, except in creating new counties;
incorporating cities, towns or villages, or changing or amending the
charter of any city, town or village; the opening or conducting of any
election or designating the place of voting; declaring any person of
age; chartering or licensing ferries, toll bridges, toll roads, banks,
insurance companies or loan and trust companies; remitting fines,
penalties, forfeitures or taxes; or refunding money paid into the state
treasury, or relinquishing, extending or extinguishing, in whole or in
part, any indebtedness or liability of any person or corporation, to the
state or any municipality therein; creating, increasing or decreasing
fees, percentages or allowances of public officers; changing the laws of
descent; granting to any corporation, association or individual the
right to lay down railroad tracks or any special or exclusive privilege,
immunity or franchise, or amending existing charters for such purpose;
changing the rules of evidence in any trial or inquiry; the limitation
of actions; giving effect to any informal or invalid deed, will or other
instrument; exempting property from taxation; restoring to citizenship
any person convicted of an infamous crime; the adoption or legitimizing
of children; changing the name of persons or places; and the creation,
extension or impairment of liens. In every other case where a general
law can be made applicable, no special law shall be enacted
Sec. 25. [Validating unauthorized official acts; fines against officers,
etc.]
Statute text
No law shall be enacted legalizing the unauthorized
or invalid act of any officer, remitting any fine, penalty or judgment
against any officer or validating any illegal use of public funds.
Sec. 26. [Grant of franchise or privilege.]
Statute text
The legislature shall not grant to any corporation or
person, any rights, franchises, privileges, immunities or exemptions,
which shall not, upon the same terms and under like conditions, inure
equally to all persons or corporations; no exclusive right, franchise,
privilege or immunity shall be granted by the legislature or any
municipality in this state.
Sec. 27. [Extra or increased compensation for officers, contractors,
etc.]
Statute text
No law shall be enacted giving any extra compensation
to any public officer, servant, agent or contractor after services are
rendered or contract made; nor shall the compensation of any officer be
increased or diminished during his term of office, except as otherwise
provided in this constitution.
Sec. 28.
[Appointment of present and former legislators to office; interest of
legislators in contracts.]
Statute text
No member of the legislature shall, during the term
for which he was elected, be appointed to any civil office in the state,
nor shall he within one year thereafter be appointed to any civil office
created, or the emoluments of which were increased during such term; nor
shall any member of the legislature during the term for which he was
elected nor within one year thereafter, be interested directly or
indirectly in any contract with the state or any municipality thereof,
which was authorized by any law passed during such term.
Sec. 29. [Laws creating debts.]
Statute text
No law authorizing indebtedness shall be enacted
which does not provide for levying a tax sufficient to pay the interest,
and for the payment at maturity of the principal.
Sec. 30. [Payments from treasury to be upon appropriations and warrant.]
Statute text
Except interest or other payments on the public debt,
money shall be paid out of the treasury only upon appropriations made by
the legislature. No money shall be paid there from except upon warrant
drawn by the proper officer. Every law making an appropriation shall
distinctly specify the sum appropriated and the object to which it is to
be applied.
Sec. 31. [Appropriations for charitable, educational, etc., purposes.]
Statute text
No appropriation shall be made for charitable,
educational or other benevolent purposes to any person, corporation,
association, institution or community, not under the absolute control of
the state, but the legislature may, in its discretion, make
appropriations for the charitable institutions and hospitals, for the
maintenance of which annual appropriations were made by the legislative
assembly of nineteen hundred and nine.
Sec. 32. [Remission of debts due state or municipalities.]
Statute text
No obligation or liability of any person, association
or corporation held or owned by or owing to the state, or any municipal
corporation therein, shall ever be exchanged, transferred, remitted,
released, postponed or in any way diminished by the legislature, nor
shall any such obligation or liability be extinguished except by the
payment thereof into the proper treasury, or by proper proceeding in
court. Provided that the obligations created by Special Session Laws
1955, Chapter 5, running to the state or any of its agencies, remaining
unpaid on the effective date of this amendment are void. (As amended
November 4, 1958.)
Sec. 33. [Prosecutions under repealed laws.]
Statute text
No person shall be exempt from prosecution and
punishment for any crime or offenses against any law of this state by
reason of the subsequent repeal of such law.
Sec. 34. [Change of rights or procedure in pending cases.]
Statute text
No act of the legislature shall affect the right or
remedy of either party, or change the rules of evidence or procedure, in
any pending case.
Sec. 35. [Power and procedure for impeachment and trial.]
Statute text
The sole power of impeachment shall be vested in the
house of representatives, and a concurrence of a majority of all the
members elected shall be necessary to the proper exercise thereof. All
impeachments shall be tried by the senate. When sitting for that purpose
the senators shall be under oath or affirmation to do justice according
to the law and the evidence. When the governor or lieutenant governor is
on trial, the chief justice of the supreme court shall preside. No
person shall be convicted without the concurrence of two-thirds of the
senators elected.
Sec. 36. [Officers subject to impeachment.]
Statute text
All state officers and judges of the district court
shall be liable to impeachment for crimes, misdemeanors and malfeasance
in office, but judgment in such cases shall not extend further than
removal from office and disqualification to hold any office of honor,
trust or profit, or to vote under the laws of this state; but such
officer or judge, whether convicted or acquitted shall, nevertheless, be
liable to prosecution, trial, judgment, punishment or civil action,
according to law. No officer shall exercise any powers or duties of his
office after notice of his impeachment is served upon him until he is
acquitted.
Sec. 37. [Railroad passes.]
Statute text
It shall not be lawful for a member of the
legislature to use a pass, or to purchase or receive transportation over
any railroad upon terms not open to the general public; and the
violation of this section shall work a forfeiture of the office.
Sec. 38. [Monopolies.]
Statute text
The legislature shall enact laws to prevent trusts,
monopolies and combinations in restraint of trade.
Sec. 39. ["Bribery" and "solicitation" defined.]
Statute text
Any member of the legislature who shall vote or use
his influence for or against any matter pending in either house in
consideration of any money, thing of value or promise thereof, shall be
deemed guilty of bribery; and any member of the legislature or other
person who shall directly or indirectly offer, give or promise any
money, thing of value, privilege or personal advantage, to any member of
the legislature to influence him to vote or work for or against any
matter pending in either house; or any member of the legislature who
shall solicit from any person or corporation any money, thing of value
or personal advantage for his vote or influence as such member shall be
deemed guilty of solicitation of bribery.
Sec. 40. [Penalty for bribery.]
Statute text
Any person convicted of any of the offenses mentioned
in Sections thirty-seven and thirty-nine hereof, shall be deemed guilty
of a felony and upon conviction shall be punished by fine of not more
than one thousand dollars [($1,000)] or by imprisonment in the
penitentiary for not less than one nor more than five years.
Sec. 41. [Compelling testimony in bribery cases.]
Statute text
Any person may be compelled to testify in any lawful
investigation or judicial proceeding against another charged with
bribery or solicitation of bribery as defined herein, and shall not be
permitted to withhold his testimony on the ground that it might
incriminate or subject him to public infamy; but such testimony shall
not be used against him in any judicial proceeding against him except
for perjury in giving such testimony.
Sec. 42. [Hearings on confirmation of gubernatorial appointments.]
Statute text
The senate, in exercising its advice and consent
responsibilities over gubernatorial appointments, may by resolution
designate the members of an appropriate standing committee to operate as
an interim committee during the interim between legislative sessions for
the purpose of conducting hearings and taking testimony on the
confirmation or rejection of gubernatorial appointments. Recommendations
of the committee shall be submitted to the senate for action at the next
succeeding legislative session. Members of such committee shall be paid
per Diem and mileage for attendance at such hearings at the same rates
as legislators are paid for attendance at joint legislative interim
committee meetings. The governor shall submit all appointments requiring
senate confirmation to such committee within thirty days after the date
of appointment. (As added November 4, 1986.)
ARTICLE V
EXECUTIVE DEPARTMENT
Section 1. [Composition of department; terms of office of members;
residing and maintaining records at seat of government.]
Statute text
The executive department shall consist of a governor,
lieutenant governor, secretary of state, state auditor, state treasurer,
attorney general and commissioner of public lands, who shall, unless
otherwise provided in the constitution of New Mexico, be elected for
terms of four years beginning on the first day of January next after
their election. The governor and lieutenant governor shall be elected
jointly by the casting by each voter of a single vote applicable to both
offices.
Such officers shall, after having served two terms in
a state office, be ineligible to hold that state office until one full
term has intervened.
The officers of the executive department, except the
lieutenant governor, shall during their terms of office, reside and keep
the public records, books, papers and seals of office at the seat of
government.
Upon the adoption of this amendment by the people,
the terms provided for in this section shall apply to those officers
elected at the general election in 1990 and all state executive officers
elected thereafter. (As amended November 3, 1914, November 4, 1958,
effective January 1, 1959, November 6, 1962, November 3, 1970 and
November 4, 1986.)
Sec. 2. [Canvass of elections; tie votes.]
Statute text
The returns of every election for state officers
shall be sealed up and transmitted to the secretary of state, who, with
the governor and chief justice, shall constitute the state canvassing
board, which shall canvass and declare the result of the election. The
joint candidates having the highest number of votes cast for governor
and lieutenant governor and the person having the highest number of
votes for any other office, as shown by said returns, shall be declared
duly elected. If two or more have an equal, and the highest, number of
votes for the same office or offices, one of them, or any two for whom
joint votes were cast for governor and lieutenant governor respectively,
shall be chosen therefore by the legislature on joint ballot. (As
amended November 6, 1962.)
Sec. 3. [Qualifications of executive officers.]
Statute text
No person shall be eligible to any office specified
in Section One, hereof, unless he be a citizen of the United States, at
least thirty years of age, nor unless he shall have resided continuously
in New Mexico for five years next preceding his election; nor to the
office of attorney general, unless he be a licensed attorney of the
supreme court of New Mexico in good standing; nor to the office of
superintendent of public instruction unless he be a trained and
experienced educator
Sec. 4. [Governor's executive power; commander of militia.]
Statute text
The supreme executive power of the state shall be
vested in the governor, who shall take care that the laws be faithfully
executed. He shall be commander in chief of the military forces of the
state, except when they are called into the service of the United
States. He shall have power to call out the militia to preserve the
public peace, execute the laws, suppress insurrection and repel
invasion.
Sec. 5. [Governor's appointive and removal power; interim appointees.]
Statute text
The governor shall nominate and, by and with the
consent of the senate, appoint all officers whose appointment or
election is not otherwise provided for and may remove any officer
appointed by him unless otherwise provided by law. Should a vacancy
occur in any state office, except lieutenant governor and member of the
legislature, the governor shall fill such office by appointment, and
such appointee shall hold office until the next general election, when
his successor shall be chosen for the unexpired term. (As amended
November 8, 1988.)
Sec. 6. [Governor's power to pardon and reprieve.]
Statute text
Subject to such regulations as may be prescribed by
law, the governor shall have power to grant reprieves and pardons, after
conviction for all offenses except treason and in cases of impeachment.
Sec. 7. [Succession to governorship.]
Statute text
If at the time fixed for the beginning of the term of
the governor, the governor-elect shall have died, the lieutenant
governor-elect shall become governor. If a governor shall not have been
chosen before the time fixed for the beginning of his term, or if the
governor-elect shall have failed to qualify, then the lieutenant
governor-elect shall act as governor until a governor shall have
qualified; and the legislature may by law provide for the case wherein
neither a governor-elect nor a lieutenant governor-elect shall have
qualified, declaring who shall then act as governor, or the manner in
which one who is to act shall be selected, and such person shall act
accordingly until a governor or lieutenant governor shall have
qualified.
If after the governor-elect has qualified a vacancy
occurs in the office of governor, the lieutenant governor shall succeed
to that office, and to all the powers, duties and emoluments thereof,
provided he has by that time qualified for the office of lieutenant
governor. In case the governor is absent from the state, or is for any
reason unable to perform his duties, the lieutenant governor shall act
as governor, with all the powers, duties and emoluments of that office
until such disability be removed. In case there is no lieutenant
governor, or in case he is for any reason unable to perform the duties
of governor, then the secretary of state shall perform the duties of
governor, and, in case there is no secretary of state, then the
president pro tempore of the senate, or in case there is no president
pro tempore of the senate, or he is for any reason unable to perform the
duties of governor, then the speaker of the house shall succeed to the
office of governor, or act as governor as hereinbefore provided. (As
amended November 2, 1948.)
Sec. 8. [Lieutenant governor to be president of senate.]
Statute text
The lieutenant governor shall be president of the
senate, but shall vote only when the senate is equally divided.
Sec. 9. [Public accounts and reports.]
Statute text
Each officer of the executive department and of the
public institutions of the state shall keep an account of all moneys
received by him and make reports thereof to the governor under oath,
annually, and at such other times as the governor may require, and
shall, at least thirty days preceding each regular session of the
legislature, make a full and complete report to the governor, who shall
transmit the same to the legislature.
Sec. 10. [State seal.]
Statute text
There shall be a state seal, which shall be called
the "Great Seal of the State of New Mexico," and shall be kept by the
secretary of state.
Sec. 11. [Commissions.]
Statute text
All commissions shall issue in the name of the state,
be signed by the governor and attested by the secretary of state, who
shall affix the state seal thereto
Sec. 12. [Compensation of executive officers.]
Statute text
The annual compensation to be paid to the officers
mentioned in Section One of this article shall be as follows: governor,
five thousand dollars [($5,000)]; secretary of state, three thousand
dollars [($3,000)]; state auditor, three thousand dollars [($3,000)];
state treasurer, three thousand dollars [($3,000)]; attorney general,
four thousand dollars [($4,000)]; superintendent of public instruction,
three thousand dollars [$3,000)]; and commissioner of public lands,
three thousand dollars [($3,000)]; which compensation shall be paid to
the respective officers in equal quarterly payments.
The lieutenant governor shall receive ten dollars
[($10.00)] per diem while acting as presiding officer of the senate, and
mileage at the same rate as a state senator.
The compensation herein fixed shall be full payment
for all services rendered by said officers and they shall receive no
other fees or compensation whatsoever.
The compensation of any of said officers may be
increased or decreased by law after the expiration of ten years from the
date of the admission of New Mexico as a state.
Sec. 13. [Residence of public officers; election from equal districts.]
Statute text
All district and municipal officers, county
commissioners, school board members and municipal governing body members
shall be residents of the political subdivision or district from which
they are elected or for which they are appointed.
Counties, school districts and municipalities may be
divided by their governing bodies into districts composed of populations
as nearly equal as practicable for the purpose of electing the members
of the respective governing bodies. (As amended November 8, 1960 and
November 4, 1986.)
Sec. 14. [State transportation commission.]
Statute text
There is created a "state transportation commission".
The members of the state transportation commission shall be appointed,
shall have such power and shall perform such duties as may be provided
by law. Notwithstanding the provisions of
Article 5,
Section 5 of the constitution of New Mexico, state transportation
commissioners shall only be removed as provided by law. (As repealed and
re-enacted November 7, 1967; as amended November 5, 2002.)
ARTICLE
VII
ELECTIVE FRANCHISE
Section 1. [Qualifications of voters; absentee voting; school elections;
registration.]
Statute text
Every citizen of the United States, who is over the
age of twenty-one years, and has resided in New Mexico twelve months, in
the county ninety days, and in the precinct in which he offers to vote
thirty days, next preceding the election, except idiots, insane persons
and persons convicted of a felonious or infamous crime unless restored
to political rights, shall be qualified to vote at all elections for
public officers. The legislature may enact laws providing for absentee
voting by qualified electors. All school elections shall be held at
different times from other elections.
The legislature shall have the power to require the
registration of the qualified electors as a requisite for voting, and
shall regulate the manner, time and places of voting. The legislature
shall enact such laws as will secure the secrecy of the ballot, the
purity of elections and guard against the abuse of elective franchise.
Not more than two members of the board of registration, and not more
than two judges of election shall belong to the same political party at
the time of their appointment. (As amended November 7, 1967.)
Sec. 2. [Qualifications for holding office.]
Statute text
A. Every citizen of the United States, who is a
legal resident of the state and is a qualified elector therein, shall be
qualified to hold any elective public office except as otherwise
provided in this constitution.
B. The legislature may provide by law for such
qualifications and standards as may be necessary for holding an
appointive position by any public officer or employee.
C. The right to hold public office in New Mexico
shall not be denied or abridged on account of sex, and wherever the
masculine gender is used in this constitution, in defining the
qualifications for specific offices, it shall be construed to include
the feminine gender. The payment of public road poll tax, school poll
tax or service on juries shall not be made a prerequisite to the right
of a person to vote or hold office. (As amended September 20, 1921,
September 19, 1961, and November 6, 1973.)
Sec. 3. [Religious and racial equality protected; restrictions on
amendments.]
Statute text
The right of any citizen of the state to vote, hold
office or sit upon juries, shall never be restricted, abridged or
impaired on account of religion, race, language or color, or inability
to speak, read or write the English or Spanish languages except as may
be otherwise provided in this constitution; and the provisions of this
section and of Section One of this article shall never be amended except
upon a vote of the people of this state in an election at which at least
three-fourths of the electors voting in the whole state, and at least
two-thirds of those voting in each county of the state, shall vote for
such amendment.
sec. 4. [Residence.]
Statute text
No person shall be deemed to have acquired or lost
residence by reason of his presence or absence while employed in the
service of the United States or of the state, nor while a student at any
school.
Sec. 5. [Election by ballot; plurality elects candidate.]
Statute text
All elections shall be by ballot, and the person who
receives the highest number of votes for any office, except in the cases
of the offices of governor and lieutenant governor, shall be declared
elected thereto. The joint candidates receiving the highest number of
votes for the offices of governor and lieutenant governor shall be
declared elected to those offices. (As amended November 6, 1962.)
Sec. 5. (Proposed) [Election by ballot; plurality elects candidate.]
(2003)
Statute text
A. All elections shall be by ballot.
B. The legislature may provide by law for runoff
elections for all elections other than municipal, primary or statewide
elections. If the legislature does not provide for runoff elections, the
person who receives the highest number of votes for any office, except
as provided in this section, and except in the cases of the offices of
governor and lieutenant governor, shall be declared elected to that
office. The joint candidates receiving the highest number of votes for
the offices of governor and lieutenant governor shall be declared
elected to those offices.
C. In a municipal election, the candidate that
receives the most votes for an office shall be declared elected to that
office, unless the municipality has provided for runoff elections. A
municipality may provide for runoff elections as follows:
(1) a municipality that has not adopted a charter
pursuant to
Article 10,
Section 6 of the constitution of New Mexico may provide by ordinance
for runoff elections;
ARTICLE VIII
TAXATION AND REVENUE
Section 1. [Levy to be proportionate to value; uniform and equal taxes;
percentage of value taxed; limitation on annual valuation increases.]
(1997)
Statute text
A. Except as provided in Subsection B of this
section, taxes levied upon tangible property shall be in proportion to
the value thereof, and taxes shall be equal and uniform upon subjects of
taxation of the same class. Different methods may be provided by law to
determine value of different kinds of property, but the percentage of
value against which tax rates are assessed shall not exceed thirty-three
and one-third percent.
B. The legislature shall provide by law for the
valuation of residential property for property taxation purposes in a
manner that limits annual increases in valuation of residential
property. The limitation may be applied to classes of residential
property taxpayers based on owner-occupancy, age or income. The
limitations may be authorized statewide or at the option of a local
jurisdiction and may include conditions under which the limitation is
applied. Any valuation limitations authorized as a local jurisdiction
option shall provide for applying statewide or multi-jurisdictional
property tax rates to the value of the property as if the valuation
increase limitation did not apply. (As amended November 3, 1914,
November 2, 1971 and November 3, 1998.)
Sec. 2. [Property tax limits; exception.]
Statute text
Taxes levied upon real or personal property for state
revenue shall not exceed four mills annually on each dollar of the
assessed valuation thereof except for the support of the educational,
penal and charitable institutions of the state, payment of the state
debt and interest thereon; and the total annual tax levy upon such
property for all state purposes exclusive of necessary levies for the
state debt shall not exceed ten mills; provided, however, that taxes
levied upon real or personal tangible property for all purposes, except
special levies on specific classes of property and except necessary
levies for public debt, shall not exceed twenty mills annually on each
dollar of the assessed valuation thereof, but laws may be passed
authorizing additional taxes to be levied outside of such limitation
when approved by at least a majority of the qualified electors of the
taxing district who paid a property tax therein during the preceding
year voting on such proposition. (As amended November 3, 1914, September
19, 1933, and November 7, 1967.)
Sec. 3. [Tax-exempt property.]
Statute text
The property of the United States, the state and all
counties, towns, cities and school districts and other municipal
corporations, public libraries, community ditches and all laterals
thereof, all church property not used for commercial purposes, all
property used for educational or charitable purposes, all cemeteries not
used or held for private or corporate profit and all bonds of the state
of New Mexico, and of the counties, municipalities and districts thereof
shall be exempt from taxation.
Provided, however, that any property acquired by
public libraries, community ditches and all laterals thereof, property
acquired by churches, property acquired and used for educational or
charitable purposes, and property acquired by cemeteries not used or
held for private, or corporate profit, and property acquired by the
Indian service and property acquired by the United States government or
by the state of New Mexico by outright purchase or trade, where such
property was, prior to such transfer, subject to the lien of any tax or
assessment for the principal or interest of any bonded indebtedness
shall not be exempt from such lien, nor from the payment of such taxes
or assessments.
Exemptions of personal property from ad valorem
taxation may be provided by law if approved by a three-fourths majority
vote of all the members elected to each house of the legislature. (As
amended November 3, 1914, November 5, 1946, and November 7, 1972.)
Sec. 4. [Misuse and deposit of public money.]
Statute text
Any public officer making any profit out of public
money or using the same for any purpose not authorized by law, shall be
deemed guilty of a felony and shall be punished as provided by law and
shall be disqualified to hold public office. All public money not
invested in interest-bearing securities shall be deposited in national
banks in this state, in banks or trust companies incorporated under the
laws of the state, in federal savings and loan associations in this
state, in savings and loan associations incorporated under the laws of
this state whose deposits are insured by an agency of the United States
and in credit unions incorporated under the laws of this state or the
United States to the extent that such deposits of public money in credit
unions are insured by an agency of the United States, and the interest
derived there from shall be applied in the manner prescribed by law. Law
shall provide the conditions of such deposits. (As amended November 3,
1914, November 7, 1967 and November 4, 1986.)
Sec.
5. [Head of family and veteran exemptions.] (2001)
Statute text
The legislature shall exempt from taxation the
property of each head of the family to the amount of two thousand
dollars ($2,000). The legislature shall also exempt from taxation the
property, including the community or joint property of husband and wife,
of every honorably discharged member of the armed forces of the United
States who served in such armed forces during any period in which they
were or are engaged in armed conflict under orders of the president of
the United States, and the widow or widower of every such honorably
discharged member of the armed forces of the United States, in the sum
of two thousand dollars ($2,000) in tax years prior to 2003; two
thousand five hundred dollars ($2,500) in 2003; three thousand dollars
($3,000) in 2004; three thousand five hundred dollars ($3,500) in 2005;
and four thousand dollars ($4,000) in 2006 and each subsequent year.
Provided, that in every case where exemption is claimed on the ground of
the claimant's having served with the armed forces of the United States
as aforesaid, the burden of proving actual and bona fide ownership of
such property upon which exemption is claimed, shall be upon the
claimant. (As amended November 3, 1914, September 20, 1921, September
20, 1949, September 15, 1953, November 6, 1973 and November 8, 1988, and
November 5, 2002.)
Sec. 5. (Proposed) [Head of family and veteran exemptions.] (2003)
Statute text
The legislature shall exempt from taxation the
property of each head of the family for two thousand dollars ($2,000).
The legislature shall also exempt from taxation the property, including
the community or joint property of husband and wife, of every honorably
discharged member of the armed forces of the United States and the widow
or widower of every such honorably discharged member of the armed forces
of the United States, in the sum of three thousand dollars ($3,000) in
2004; three thousand five hundred dollars ($3,500) in 2005; and four
thousand dollars ($4,000) in 2006 and each subsequent year. Provided,
that in every case where exemption is claimed on the ground of the
claimant's having served with the armed forces of the United States as
aforesaid, the burden of proving actual and bona fide ownership of such
property upon which exemption is claimed, shall be upon the claimant.
Sec. 6. [Assessment of lands.]
Statute text
Lands held in large tracts shall not be assessed for
taxation at any lower value per acre then [than] lands of the same
character or quality and similarly situated, held in smaller tracts. The
plowing of land shall not be considered as adding value thereto for the
purpose of taxation. (As amended November 3, 1914.)
Sec. 7. [Judgments against local officials.]
Statute text
No execution shall issue upon judgment rendered
against the board of county commissioners of any county, or against any
incorporated city, town or village, school district or board of
education; or against any officer of any county, incorporated city, town
or village, school district or board of education, upon any judgment
recovered against him in his official capacity and for which the county,
incorporated city, town or village, school district or board of
education, is liable, but the same shall be paid out of the proceeds of
a tax levy as other liabilities of counties, incorporated cities, towns
or villages, school districts or boards of education, and when so
collected shall be paid by the county treasurer to the judgment
creditor. (As amended November 3, 1914.)
Sec. 8. [Exemption of certain personality in transit through the state.]
Statute text
Personal property which is moving in interstate
commerce through or over the state of New Mexico, or which was consigned
to a warehouse, public or private, or factory within New Mexico from
outside the state for storage in transit to a final destination outside
the state of New Mexico, manufacturing, processing or fabricating while
in transit to a final destination, whether specified when transportation
begins or afterwards, which destination is also outside the state, shall
be deemed not to have acquired a sites in New Mexico for purposes of
taxation and shall be exempt from taxation. Such property shall not be
deprived of such exemption because while in the warehouse the property
is assembled, bound, joined, processed, disassembled, divided, cut,
broken in bulk, relabeled or repackaged. (As added November 6, 1973.)
Sec. 9. [Elected governing authority prerequisite to levy of tax.]
Statute text
No tax or assessment of any kind shall be levied by
any political subdivision whose enabling legislation does not provide
for an elected governing authority. This section does not prohibit the
levying or collection of a tax or special assessment by an initial
appointed governing authority where the appointed governing authority
will be replaced by an elected one within six years of the date the
appointed authority takes office. The provisions of this section shall
not be effective until July 1, 1976. (As added November 5, 1974.)
Sec. 10. [Severance tax permanent fund.]
Statute text
A. There shall be deposited in a permanent trust fund
known as the "severance tax permanent fund" that part of state revenue
derived from excise taxes that have been or shall be designated
severance taxes imposed upon the severance of natural resources within
this state, in excess of that amount that has been or shall be reserved
by statute for the payment of principal and interest on outstanding
bonds to which severance tax revenue has been or shall be pledged.
Money in the severance tax permanent fund shall be invested as provided
by law. Distributions from the fund shall be appropriated by the
legislature as other general operating revenue is appropriated for the
benefit of the people of the state.
B. All additions to the fund and all earnings,
including interest, dividends and capital gains from investment of the
fund shall be credited to the corpus of the fund.
C. The annual distributions from the fund shall be
one hundred two percent of the amount distributed in the immediately
preceding fiscal year until the annual distributions equal four and
seven-tenths percent of the average of the year-end market values of the
fund for the immediately preceding five calendar years. Thereafter, the
amount of the annual distributions shall be four and seven-tenths
percent of the average of the year-end market values of the fund for the
immediately preceding five calendar years.
D. The frequency and the time of the distributions
made pursuant to Subsection C of this section shall be as provided by
law. (As added November 2, 1976; as amended November 2, 1982 and
November 5, 1996.)
Sec. 11. [Exemption of
national guard members.]
Sec. 12. , 13. Repealed
Sec. 14. [Accrual of elderly
taxpayers' real property taxes.]
Sec. 15. [Property tax exemption for disabled veterans.] (2001)
Statute text
The legislature shall exempt from taxation the
property, including the community or joint property of husband and wife,
of every veteran of the armed forces of the United States who has been
determined pursuant to federal law to have a one hundred percent
permanent and total service-connected disability, if the veteran
occupies the property as his p |
