45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO CIVIL PROCEEDINGS; PROVIDING THAT THE ATTORNEY GENERAL AND DISTRICT ATTORNEYS SHALL NOT BIND THE TAXATION AND REVENUE DEPARTMENT WITH RESPECT TO HEARINGS UNDER THE IMPLIED CONSENT ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 36-1-22 NMSA 1978 (being Laws 1875-1876, Chapter 5, Section 1, as amended) is amended to read:

"36-1-22. POWERS--COMPROMISES--RELEASES--ATTORNEY GENERAL--DISTRICT ATTORNEY.--[SEC. 7.]

A. The attorney general and district attorneys [of this State in their respective districts], when any civil proceedings [may be] are pending in district court in their respective districts [in the district court] in which the state or any county may be a party, whether [the same be] it is an ordinary suit, scire facias proceedings, proceedings growing out of any criminal prosecution or otherwise, [shall] have power, except as provided in Subsection B of this section, to compromise or settle [said] the suit or proceedings, or grant a release or enter satisfaction in whole or in part, of any claim or judgment in the name of the state or county, or dismiss the same, or take any other steps or proceedings [therein] which [to him may] appear to him proper and right [and]. All such civil suits and proceedings shall be entirely under the management and control of the [said] attorney general or district attorneys, and all compromises, releases and satisfactions [heretofore] made or entered into by said officers prior to the effective date of this section are [hereby] confirmed and ratified.

B. The attorney general and district attorneys shall not take any action that binds the taxation and revenue department or any of its divisions, officers or employees with respect to hearings under the Implied Consent Act, without the consent of the secretary of taxation and revenue or the secretary's designee."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.