Chapter 15, Article 3B NMSA 1978 may be cited as the "Property Control Act". History: 1978 Comp., § 15-3B-1, enacted by Laws 2001, ch. 319, § 1. Effective dates. — Laws 2001, ch. 319 § 24 made the act effective July 1, 2001. Governor's authority to order flags be flown at half-staff. — There is no express constitutional or legislative grant of authority to the governor to order that the New Mexico state flag be flown at half-staff, but the legislature has granted broad managerial authority within the executive department, which consists of statutorily created departments, headed by secretaries who serve at the pleasure of the governor; a secretary is responsible to the governor for the operation of the department and it is the secretary's duty to manage all operations of the department. It can be inferred from the broad operational authority granted by the legislature that the governor may order the state flag be flown at half-staff as long as the order is limited to the executive's jurisdictional reach. When such authority is exercised for the broader context of raising awareness for societal issues statewide, however, the executive authority may be limited without some expressed grant of authority to do so. Governor's authority to order state flags be flown at half-staff (2/19/21), Att'y Gen. Adv. Ltr. 2021-03.
‹ Prev All New Mexico sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.