New Mexico Statutes

N.M. Stat. § 2-3-5 (2026)

[Insurance of buildings; contracts for care and management

✓ current as of May 2026
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of property; records of transactions; assignment of space in
buildings.]
   The director of the legislative council service, under the direction of the legislative
council, shall:

   A. insure the buildings and their contents;
   B. keep a full and complete record of all transactions;

  C. sign all contracts and other papers necessary to be signed in the care and
management of the property under his control;

   D. have custody and control of all maps, deeds, plats, plans and specifications,
contracts, books and other papers connected with the buildings and grounds under his
control;

    E. provide for the preservation, repair, care, cleaning, heating and lighting of the
buildings and improvements under his control;

   F. provide for the care and beautifying of the grounds and premises;

   G. employ the necessary employees and provide and enforce the rules and
regulations for the conduct of such employees;

   H. assign all space in the buildings under his control; and

    I. make all rules and regulations for the conduct of all persons in and about the
buildings and grounds under his control necessary and proper for the safety, care and
preservation of the same.

History: 1953 Comp., § 2-3-3.2, enacted by Laws 1967, ch. 73, § 2.

                                     ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and it is
not part of the law.

Legislative council did not exceed its statutory authority in prohibiting in-person
attendance at a special session of the legislature. — Where, in response to a
pervasive health crisis occasioned by the COVID-19 pandemic and consistent with the
governor's executive orders encouraging all governmental branches to take steps to
curb the spread of the virus and the secretary of health's emergency stay-at-home
orders, the New Mexico legislative council, the legislative body entrusted with the care
and custody of the state capitol, promulgated a directive prohibiting on-site, public
attendance at an upcoming special legislative session that was called to address
COVID-19-related issues, and where petitioners sought a writ of mandamus declaring
unlawful that portion of the council's directive prohibiting in-person attendance at the
special session, this section authorizes the council's consideration of the safety of
people in exercising its operational authority over the capitol complex and therefore the
council did not overstep its statutory authority in taking action to address pressing public
safety concerns arising from the public's physical presence at a special legislative
session. Pirtle v. Legis. Council, 2021-NMSC-026.
2-3-6. [Control of state library building and surrounding grounds.]
   Notwithstanding the provisions of Chapter 6, Article 1, NMSA 1953, the exclusive
control for the care, custody and maintenance of the building in which the state library is
housed, and the surrounding grounds, are [is] transferred from the capitol custodian
commission to the legislative council.

History: 1953 Comp., § 2-3-3.3, enacted by Laws 1970, ch. 85, § 1.

                                      ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Compiler's notes. — The provisions of Chapter 6, Article 1, 1953 Comp., referred to in
this section, are compiled as 13-4-6 to 13-4-9, 13-5-3, 13-6-1, 13-6-3, 15-3-5 to 15-3-17,
15-4-1, 15-4-3, and 15-5-1 to 15-5-6 NMSA 1978.

For abolishment of capitol custodian commission, see the compiler's note to 2-3-4
NMSA 1978.
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2023 · leading case: Pirtle v. Legis. Council, 2021 NMSC 026 (N.M. 2021).
Pirtle v. Legis. Council, 2021 NMSC 026 (N.M. 2021). · cites it 24× “We address first Section 2-3-5, which delineates the supervisory scope of the Council’s operational activities.”
Mascarenas v. Vill. of Angel Fire, New Mexico (D.N.M. 2023). · cites it 3× “Both parties urge different interpretations of what effectuates a demotion under § 2-3-5(A) of the Village Code. Whether Mascareñas was entitled to written notice and a predetermination hearing depends on whether Mixon effectuated a demotion during her conversation with…”
— N.M. Stat. § 2-3-5(A) — 1 case
Mascarenas v. Vill. of Angel Fire, New Mexico (D.N.M. 2023). “Both parties urge different interpretations of what effectuates a demotion under § 2-3-5(A) of the Village Code. Whether Mascareñas was entitled to written notice and a predetermination hearing depends on whether Mixon effectuated a demotion during her conversation with…”
— N.M. Stat. § 2-3-5(I) — 1 case
Pirtle v. Legis. Council, 2021 NMSC 026 (N.M. 2021). “We address first Section 2-3-5, which delineates the supervisory scope of the Council’s operational activities.”
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