Opinions

Advisory Letter regarding whether, when a conflict arises between domestic violence shelters and police agencies attempting to investigate a possible crime involving a child who may be residing at a domestic violence shelter, the child abuse reporting provision of the Children’s Code, NMSA 1978, § 32A-4-3 (2005) takes precedence over the confidentiality provisions of the federal Violence Against Women Act (“VAWA”).

New Mexico Environmental Improvement Board's Authority to promulgate regulations regarding the environmental remediation of illegal clandestine drug laboratories.

Whether a state legislator’s use of campaign funds to make small purchases that benefit voters and potential voters, with the intent of garnering their good will, constitutes legitimate campaign expenditures.

Seeking AG's advice regarding the definition of "vote"

Can a state legislator may seek re-election to his or her legislative seat and run for county commissioner in the same election cycle without violating any constitutional or statutory provisions of New Mexico law?

Concerning House Bill 88, 2007 N.M. Laws, ch. 347, § 1 (“HB 88”), which amended Section 52-4-1 of the New Mexico Workers’ Compensation Act and added licensed athletic trainer to the definition of health care provider

Regarding the applicability of the Procurement Code, NMSA 1978, §§ 13-1-28 to -199 (1984, as amended through 2007), to municipal contracts for solid waste collection and hauling.

Whether Article VIII, Section 15 of the New Mexico Constitution, which exempts from taxation the property of veterans with a one hundred percent disability, requires the legislature to enact a law implementing the exemption for each tax imposed against property.

Advisory letter regarding whether a regional spaceport district created under the Regional Spaceport District Act, NMSA 1978, §§ 5-16-1 to 5-16-13 (2006), will have the power of eminent domain. Residents of Sierra County have expressed concern that once a spaceport district is formed, the district will have the power of eminent domain to take private property.

Questions:
1. May the Albuquerque-Bernalillo County Air Quality Control Board (“Board”) promulgate regulations that incorporate environmental justice principles?

2. May the Board adopt directives requiring staff to incorporate environmental justice principles into their work?

Conclusions:
1. Yes. The Board has authority to promulgate regulations that incorporate environmental justice principles.

2. Yes. The Board has authority to adopt directives requiring that environmental justice principles be incorporated into staff work, but those directives do not have a binding effect on the parties in the permitting process.