New Mexico Statutes

N.M. Stat. § 12-1-3 (2026)

Powers of commission.

✓ current as of May 2026
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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 and court
rules as approved by the supreme court and all other necessary things pertaining to the
publication, including online publication, of any compilation and related publications;

   B. provide for the licensing of the content of the compilation and any related
publications;

   C. contract with a publisher for any compilation or related publications as may be
necessary or desirable to carry out the provisions of this section;

   D. do all things necessary to keep current the master database of publications
published or authorized for publication by the compilation commission; and

   E. hire an executive director, who 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; 2019, ch. 74, § 3.

                                     ANNOTATIONS

The 2019 amendment, effective May 3, 2019, clarified that the official, annotated
compilations of the New Mexico compilation commission include court rules as
approved by the Supreme Court and the publication of official compilations includes
online publication, provided for the licensing of content of the compilation and any
related publications, authorized the commission to contract with a publisher for related
publications and to keep current a master database of publications that are published or
authorized to be published, and removed a provision authorizing the commission to
exchange compilations and supplements with libraries of other states and territories; in
Subsection A, after "New Mexico statutes", deleted "including" and added "and", after
"court rules", deleted "governing practice and procedure in the state courts, provide for
supplements to the compilation" and added "as approved by the supreme court", and
after "pertaining to the publication" added "including online publication"; in Subsection
B, after "provide for the", deleted "sale" and added "licensing of the content", and after
"compilation and", deleted "the supplements thereto" and added "any related
publications"; deleted former Subsection C, which related to exchanging compilations
and supplements with exchange libraries of other states and territories, and
redesignated former Subsections D through F as Subsections C through E,
respectively; in Subsection C, after "compilation", added "or related publications"; and in
Subsection D, after "keep current", deleted "one or more computer databases" and
added "the master database", and after "publications published", added "or authorized
for publication", and after "by the compilation commission", deleted "and parallel tables
prepared by the commission for computerized search and manipulation".

Temporary provisions. — Laws 2019, ch. 74, § 9 provided:

A.     On the effective date of this act, May 3, 2019, all state, local and district officers
designated by the New Mexico compilation commission to receive distributions of sets
of the compilation, replacement volumes or replacement pamphlets may dispose of
such sets according to procedures set out for disposal of surplus property. Sets shall
not be delivered or returned to the office of the commission in Santa Fe. The
commission shall determine how many full sets of the printed statutes and other
publications it will maintain for historical, reference and possible replacement purposes,
and the remainder of the sets held by the commission may be disposed of according to
procedures set out for the disposal of surplus property.

B.     All contracts in effect on the effective date of this act, May 3, 2019, shall continue
to be effective until the contract has been completed or the commission decides to
terminate the contract.

C.     On the effective date of this act, May 3, 2019, all references in law and other
legal documents to the New Mexico statutes annotated or the NMSA 1978 shall be
deemed to be references to the content of the master database.

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.
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1985–2021 · leading case: State ex rel. League of Women Voters v. Advisory Comm. to the N.M. Compilation Comm'n, 2017 NMSC 25 (N.M. 2017).
State ex rel. League of Women Voters v. Advisory Comm. to the N.M. Compilation Comm'n, 2017 NMSC 25 (N.M. 2017). · cites it 2× “See NMSA 1978, § 12-1-3 (2006) (providing that the Compilation Commission “act[s] on the advice and approval of an advisory committee appointed by the New Mexico supreme court”).”
State v. Sena, 2021 NMCA 047 (N.M. Ct. App. 2021). · cites it 2× “See NMSA 1978, § 12-1-3 (2019); NMSA 1978, § 12-1-7 (2019).”
State v. Sandoval, 78 P.3d 907 (N.M. 2003). · cites it 2× “See NMSA 1978, § 12-1-3(B)-(C) (1979) (empowering the New Mexico Compilation Commission “to provide for official, annotated compilations of the New Mexico statutes” and “to determine whether such compilation contains the basic law and the general law of New Mexico”); NMSA 1978,…”
Andrew James Devine v. New Mexico Dep't of Corr., 866 F.2d 339 (10th Cir. 1989). “" N.M.Stat.Ann. § 12-1-3 (1978). 3 .Apparently, the commission determined that Chapter 217, § 3 should be compiled in the body of the statutes, and chapter 216, § 12 relegated to the compiler notes because it was the later of the two to be signed into law by the governor.”
Loesch ex rel. Loesch v. Henderson, 710 P.2d 748 (N.M. Ct. App. 1985). · cites it 2× “Section 12-1-3 makes no change in Section 28.”
State ex rel. League of Women Voters v. Advisory Comm. to the N.M. Compilation Comm'n (N.M. 2017). · cites it 2× “See NMSA 1978, § 12-1-3 16 (2006) (providing that the Compilation Commission “act[s] on the advice and 17 approval of an advisory committee appointed by the New Mexico supreme court”).”
N.M. Stat. § 12-1-3(B): 1 case
State v. Sandoval, 78 P.3d 907 (N.M. 2003). “See NMSA 1978, § 12-1-3(B)-(C) (1979) (empowering the New Mexico Compilation Commission “to provide for official, annotated compilations of the New Mexico statutes” and “to determine whether such compilation contains the basic law and the general law of New Mexico”); NMSA 1978,…”
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