2021 New Mexico Statutes
Article 3 - Legislative Council
Section 2-3-4 - [Control of building housing legislature, adjacent utility plant and surrounding grounds.]

Notwithstanding the provisions of Chapter 6, Articles 1 and 2, NMSA 1953, the exclusive control, care, custody and maintenance of the building in which the legislature is housed, the adjacent utilities plant and the surrounding grounds are transferred from the capitol buildings improvement commission, and the capitol custodian commission, to the legislative council.
History: 1953 Comp., § 2-3-3.1, enacted by Laws 1967, ch. 73, § 1.
Bracketed material. — The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes. — The provisions of Chapter 6, Articles 1 and 2, 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referred to in this section, are compiled as 13-4-6 to 13-4-9, 13-5-3, 13-6-1, 13-6-3, 15-3-5 to 15-3-17, 15-4-2 [repealed], 15-4-3 [repealed] and 15-5-1 [recompiled as 9-27-20] to 15-5-6 [recompiled as 9-27-25] NMSA 1978.
Sections 6-2-1 to 6-2-12, 1953 Comp., relating to the capitol buildings improvement commission, were repealed by Laws 1968, ch. 43, § 15.
Laws 1971, ch. 285, § 4, which was compiled as 6-1-9.2, 1953 Comp., before being repealed by Laws 1977, ch. 247, § 209, abolished the capitol custodian commission.
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.

Structure 2021 New Mexico Statutes