46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO CIVIL LAW; MAKING OFFICERS OF NONPROFIT CORPORATIONS SUBJECT TO A CIVIL LAW ACTION BROUGHT BY THE STATE.

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

Section 1. Section 44-3-4 NMSA 1978 (being Laws 1919, Chapter 28, Section 4) is amended to read:

"44-3-4. WHO MAY BRING ACTION.--An action may be brought by the attorney general or district attorney in the name of the state, upon his information or upon the complaint of any private person, against the parties offending in the following cases:

[(a)] A. when any person [shall usurp, intrude] usurps, intrudes into or unlawfully [hold] holds or [exercise] exercises any public office, civil or military, [or] any franchise within this state or any office [or offices] in a corporation or nonprofit corporation created by authority of this state; [or

(b)] B. when any public officer, civil or military, [shall have] has done or suffered an act which, by the provisions of law, [shall work] works a forfeiture of his office; or

[(c)] C. when any association or number of persons [shall act] acts within this state as a corporation without being duly incorporated or, in case of a foreign corporation, without being duly authorized to do business within this state.

The district attorneys in their respective judicial districts shall exercise the same power and right given by this section to the attorney general in cases which may be limited in their operation to [the said district] their respective districts.

When the attorney general or district attorney refuses to act or when the office usurped pertains to a county, incorporated village, town or city or school district, [such] the action may be brought in the name of the state by a private person on his own complaint."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.