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Opinions


Official Attorney General's Opinions or informal Advisory Letters are prepared in answer to requests by legislators, state agencies, elected officials of the state, district attorneys, state boards and state commissioners.

These Opinions and Advisory Letters are prepared after a thorough review of all of the circumstances, evidence, law and precedent that relates to the request. Policy makers may ask for help in making decisions as they prepare to pass new laws, and they may rely on opinions like this. Sometimes both sides in a dispute have two very different perspectives of the law or the state constitution. In these cases the benefit of a legal opinion by the state's lawyer, an uninvolved third party, is invaluable and may save the taxpayers time in urgent situations, not to mention the enormous amount of money spent on litigation.



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Opinion 12-02---Public Housing Authority (Opinion)
Thursday, January 19, 2012

New Mexico State Senator Nancy Rodriguez asked the AG's office if an out-of-state public housing authority, or an instrumentality of an out-of-state public housing authority, act as a public housing authority in New Mexico in light of the New Mexico Mortgage Finance Authority Act, NMFA 1978, Chapter 58, Article 18, which designates the New Mexico Mortgage Finance Authority (“MFA”) as the single state housing authority in New Mexico?

Opinion 12-01 Granting Amnesty to a Seller/Anti-Donation Clause Violation (Opinion)
Wednesday, January 18, 2012

New Mexico State Representative Eleanor Chávez requested an official Opinion from New Mexico Attorney General Gary King, asking "Would granting amnesty to a seller, pursuant to Section 402 of the multi-state Streamlined Sales and Use Tax Agreement (“SSUTA”), for gross receipts taxes owed on sales made in New Mexico during the period the seller was not registered in the state violate the New Mexico Constitution?"

Advisory Letter---Santa Fe Community College Learning Center (Advisory Letter)
Friday, December 30, 2011

Is legislative approval or approval by the State Board of Finance (“SBOF”) required for the construction of a learning center facility under the Learning Center Act or any other law?

Advisory Letter---School Board Member and Employment (Advisory Letter)
Thursday, December 22, 2011

New Mexico State Senator Stuart Ingle asked the AG's opinion as to whether a school board member can resign his or her position from the school board and apply for a job in the school district governed by the board, a job that he or she is qualified to obtain.

Opinion 11-06-Questions Regarding the Construction Industries Division (CID) Authority (Opinion)
Monday, November 21, 2011

The New Mexico Attorney General's office answers questions posed by Sentator Bernadette Sanchez in the form of an official AG Opinion.

Advisory Letter--- Vetoed Appropriation to State Fair (Advisory Letter)
Thursday, September 22, 2011

New Mexico State Representative Sheryl Williams Stapleton requested the New Mexico AG's opinion regarding the constitutionality of an appropriation to the New Mexico State Fair for the operation and administration of the African American Performing Arts Center located on the State Fair grounds.

Advisory Letter---Concealed Handgun Carry Act (Advisory Letter)
Thursday, September 08, 2011

Can the Thirteenth Judicial District Attorney’s Office implement reasonable security measures that include a prohibition on the carrying of firearms, including concealed handguns at their office?

Advisory Letter---Legality of Contract Entered Into By State Investment Council (Advisory Letter)
Tuesday, July 12, 2011

Senator Timothy Jennings requested the AG's opinion regarding the legality of a contract that was entered into and subsequently amended by the State Investment Council (“SIC”) and the Paul Hastings Janofsky & Walker, LLP law firm (the “Law Firm”) outside of the parameters of the Procurement Code. The is the Advisory Letter that followed.

Advisory Letter--– School District Representation in Collective Bargaining (Advisory Letter)
Tuesday, July 12, 2011

Representative Eleanor Chavez requested the AG's advice regarding whether public school districts may hire consultants or lawyers to represent the district during collective bargaining negotiations.

Advisory Letter--- Free Passes For Legislators on Burlington Northern Santa Fe Railway (Advisory Letter)
Tuesday, July 12, 2011

Raúl E. Burciaga, Legislative Council Service, requested our advice regarding the constitutionality of legislators and other public officers accepting an invitation to travel on the newly constructed Abo Canyon rail line in one of Burlington Northern Santa Fe Railway’s (“BNSFR’s”) trains.

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