House Bill text for HB0686

HOUSE BILL 686

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Joseph Cervantes

AN ACT

RELATING TO PROSECUTORIAL AUTHORITY; PROVIDING THE ATTORNEY GENERAL PRIMARY AUTHORITY TO INVESTIGATE AND PROSECUTE CERTAIN CRIMES COMMITTED BY OFFICERS OF THE EXECUTIVE AND JUDICIAL DEPARTMENTS ELECTED ON A STATEWIDE BASIS; INCREASING A PENALTY.

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

Section 1. Section 1-19-36 NMSA 1978 (being Laws 1979, Chapter 360, Section 12, as amended) is amended to read:

"1-19-36. PENALTIES--CRIMINAL ENFORCEMENT.--

A. Any person who knowingly and willfully violates any provision of the Campaign Reporting Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.

B. Except as provided in Subsections C and D of this section, the Campaign Reporting Act may be enforced by the attorney general or the district attorney in the county where the candidate resides, where a political committee has its principal place of business or where the violation occurred.

C. The attorney general has primary authority to investigate and prosecute a candidate for or an officer of the executive or judicial department elected on a statewide basis for an alleged violation of any of the criminal provisions of the Campaign Reporting Act; except if:

(1) the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general; and

(2) the candidate who allegedly violated the provisions is a candidate for the office of attorney general, the governor shall appoint a district attorney who may investigate and prosecute the candidate for the office of attorney general.

D. Upon the failure or refusal of the attorney general to act pursuant to Subsection C of this section, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 2. Section 1-19A-17 NMSA 1978 (being Laws 2003, Chapter 14, Section 17) is amended to read:

"1-19A-17. PENALTIES.--

A. In addition to other penalties that may be applicable, a person who violates a provision of the Voter Action Act is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. In addition to a fine, a certified candidate found in violation of that act may be required to return to the fund all amounts distributed to the candidate from the fund. If the secretary makes a determination that a violation of that act has occurred, the secretary shall impose a fine or transmit the finding to the attorney general for prosecution. In determining whether a certified candidate is in violation of the expenditure limits of that act, the secretary may consider as a mitigating factor any circumstances out of the candidate's control.

B. A person who willfully or knowingly violates the provisions of the Voter Action Act or rules of the secretary or knowingly makes a false statement in a report required by that act is guilty of a fourth degree felony and, if [he] the person is a certified candidate, shall return to the fund all money distributed to that candidate.

C. The attorney general has primary authority to investigate and prosecute a candidate for or an officer of the judicial department elected on a statewide basis for an alleged violation of any of the provisions of the Voter Action Act. Upon failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the candidate or the elected officer for the alleged violation."

Section 3. A new section of Chapter 1, Article 20 NMSA 1978 is enacted to read:

"[NEW MATERIAL] VIOLATIONS BY STATEWIDE ELECTED OFFICIALS--PRIMARY AUTHORITY OF ATTORNEY GENERAL.--The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of any of the criminal provisions of Chapter 1, Article 20 NMSA 1978; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this section, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 4. Section 6-3-8 NMSA 1978 (being Laws 1963, Chapter 38, Section 2) is amended to read:

"6-3-8. VIOLATIONS--PENALTY.--

A. Any public official or employee who [shall violate] violates the provisions of [this act shall be] Section 6-3-6 NMSA 1978 is guilty of a felony and, upon conviction [thereof], shall be punished by a fine of not more than ten thousand dollars ($10,000) nor less than five hundred dollars ($500) or by imprisonment for a term of not more than ten years, or both, and, in addition thereto, [shall be] is liable for the payment to the state of all amounts expended for any payment made in violation thereof.

B. The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of the provisions of this section; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 5. Section 6-10-40 NMSA 1978 (being Laws 1923, Chapter 76, Section 18, as amended) is amended to read:

"6-10-40. OFFICIALS RECEIVING CONSIDERATION FOR PLACING LOAN OR DEPOSIT--MISUSING FUNDS--FAILURE TO DEPOSIT--PENALTY.-- [Any person holding] A. It is unlawful for a person who holds the office of state treasurer or the office of treasurer of any county, city, town or board in control in this state or [any] who is a public officer or employee having in [his] the person's custody or [under his] control any public money [who] to directly or indirectly [receives]:

(1) receive from any person [or persons] or body [of persons], association or corporation for [himself or otherwise] any purpose other than [in] on the behalf of the state, county, city, town or board in control, whose money is so in [his] the person's custody or [under his] control, any reward, compensation or profit, either in money or other property or thing of value, in consideration of a loan to or a deposit with any such person [or persons] or body [of persons], association or corporation, of any of the public money so in [his] the person's custody or [under his] control, or in consideration of any other agreement or arrangement touching the use of the money or any part thereof [or who shall];

(2) use or permit the use of any of the money for any purpose not authorized by law [or who shall];

(3) willfully neglect or refuse to deposit the money in [his] the person's custody as required by [this act] Chapter 6, Article 10 NMSA 1978; or [shall willfully]

(4) deposit the money in [his] the person's custody in any bank, federally insured savings and loan association or federally insured credit union that is not qualified to receive it under the provisions of [this act] Chapter 6, Article 10 NMSA 1978 or in excess of the amount for which the bank, federally insured savings and loan association or federally insured credit union may have qualified [shall be deemed].

B. A person who violates the provisions of Subsection A of this section is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than ten years or both.

C. The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of the provisions of this section; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 6. Section 6-10-53 NMSA 1978 (being Laws 1923, Chapter 76, Section 31) is amended to read:

"6-10-53. BRIBERY--PENALTY.--[Any]

A. A person [or persons] who [shall] directly or indirectly [pay] pays or [give] gives or [offer] offers to pay or give to [any one] anyone holding the office of state treasurer or the office of treasurer of any county, city or town or board in control in this state or to [any] a person [or persons] under such [officers'] officer's direction for the profit of [any] such officer or other person [or persons] any reward or compensation either in money or other property or thing of value in consideration of a loan to or deposit with [any] such person [or persons or body of persons], association or corporation of any public [monies] money in the custody or under the control of [such] the state treasurer or the treasurer of [any] a county, city or town or board in control or in consideration of any other agreement or arrangement touching the use of [such monies] the money or any part thereof for any purpose not authorized by law [shall be deemed] is guilty of a felony and upon conviction thereof shall be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than ten years or both.

Section 7. A new section of Chapter 8, Article 5 NMSA 1978 is enacted to read:

"[NEW MATERIAL] CONSTITUTIONAL VIOLATIONS BY STATEWIDE ELECTED OFFICERS--PRIMARY AUTHORITY OF ATTORNEY GENERAL.--The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of the provisions of Article 8, Section 4 of the constitution of New Mexico; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this section, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 8. Section 8-5-3 NMSA 1978 (being Laws 1933, Chapter 21, Section 3) is amended to read:

"8-5-3. ACTION IN CIVIL AND CRIMINAL CASES.--[That]

A. Upon the failure or refusal of [any] a district attorney to act in any criminal or civil case or matter in which the county or state or any department [thereof] of the county or state is a party or has an interest, the attorney general [be, and he is hereby authorized to] may act on behalf of [said] the county, state or [any] department [thereof] if after a thorough investigation such action is ascertained to be advisable by the attorney general [provided that].

B. The attorney general shall, upon direction of the governor, investigate any matter [or matters] in [any] a county of the state in which the county or state or [any] department of the county or state may be interested. C. After [such] the investigation, the attorney general [be, and he is hereby authorized to] may take such action as in [his] the attorney general's opinion conditions warrant.

D. The [cost of such investigation shall be paid out of the general fund of the county wherein such investigation shall have been made, and the] costs of any prosecution arising out of [such] the investigation shall be paid as are the costs in cases prosecuted by district attorneys."

Section 9. Section 8-6-6 NMSA 1978 (being Laws 1851, Page 170, as amended) is amended to read:

"8-6-6. MALFEASANCE AND NEGLECT OF DUTY BY STATE AUDITOR OR STATE TREASURER.--

A. If the state auditor or state treasurer [shall wilfully neglect or refuse] willfully neglects or refuses to perform any duty enjoined by law, [or shall be] is guilty of any oppression or extortion in the performance of any legal duty, [or shall receive] receives any fee or reward for the performance of any legal duty not allowed by law or by color of [his] office [shall] or knowingly [do] does any act not authorized by law or in any other manner than is required by law, [he shall] the state auditor or state treasurer is upon conviction upon indictment [be adjudged] guilty of a misdemeanor in office and shall be fined any sum not exceeding one thousand dollars ($1,000). The state or any person injured may sue in the name of the state [may sue], either before or after an indictment found, upon the bonds of the state auditor and the state treasurer for any damages suffered by reason of any of the acts of the auditor or treasurer [in this section] mentioned in this subsection.

B. The attorney general has primary authority to investigate and prosecute the state auditor or state treasurer for a violation of the provisions of this section. Upon the failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the state auditor or state treasurer for the alleged violation."

Section 10. Section 8-6-7 NMSA 1978 (being Laws 1987, Chapter 183, Section 1, as amended) is amended to read:

"8-6-7. WRONGFUL DRAWING OR PAYMENT OF WARRANT BY SECRETARY OR TREASURER--PENALTY.--

A. If the secretary of finance and administration draws any warrant on the state treasurer when [he] the secretary knows or, with the use of available accounting information, should reasonably know that there is an insufficient unexpended and unencumbered balance available for the purpose for which the warrant is drawn, [he] the secretary is in violation of this section unless the warrant will be redeemed using receivables accrued for that fiscal year pursuant to policies of the department of finance and administration.

B. If the state treasurer pays any warrant when [he] the state treasurer knows or, with the use of available accounting information, should reasonably know that there are insufficient funds available in the treasury for the purpose [to pay] of paying the warrant, [he] the state treasurer is in violation of this section unless the warrant will be redeemed using receivables accrued for that fiscal year pursuant to policies of the department of finance and administration.

C. A violation of this section is punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.

D. The attorney general has primary authority to investigate and prosecute the state treasurer for an alleged violation of the provisions of this section. Upon the failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the state treasurer for the alleged violation."

Section 11. Section 10-16-14 NMSA 1978 (being Laws 1967, Chapter 306, Section 14, as amended) is amended to read:

"10-16-14. ENFORCEMENT PROCEDURES.--

A. The secretary of state may refer suspected violations of the Governmental Conduct Act to the attorney general, district attorney or appropriate state agency or legislative body for enforcement. [If a suspected violation involves the office of the secretary of state, the attorney general may enforce that act. If a suspected violation involves the office of the attorney general, a district attorney may enforce that act.] The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of any of the provisions of the Governmental Conduct Act; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation.

B. Violation of the provisions of the Governmental Conduct Act by any legislator is grounds for discipline by the appropriate legislative body.

C. If the attorney general determines that there is sufficient cause to file a complaint against a public officer removable only by impeachment, [he] the attorney general shall refer the matter to the house of representatives of the legislature. If within thirty days after the referral the house of representatives has neither formally declared that the charges contained in the complaint are not substantial nor instituted hearings on the complaint, the attorney general shall make public the nature of the charges, but [he] the attorney general shall make clear that the merits of the charges have never been determined. Days during which the legislature is not in session shall not be included in determining the thirty-day period.

D. Violation of the provisions of the Governmental Conduct Act by any public officer or employee, other than those covered by Subsection C of this section, is grounds for discipline, including dismissal, demotion or suspension. Complaints against executive branch employees may be filed with the agency head and reviewed pursuant to the procedures provided in the Personnel Act. Complaints against legislative branch employees may be filed with and reviewed pursuant to procedures adopted by the New Mexico legislative council. Complaints against judicial branch employees may be filed and reviewed pursuant to the procedures provided in the judicial personnel rules.

E. [Subject to the provisions of] Except as otherwise provided in this section, the provisions of the Governmental Conduct Act may be enforced by the attorney general [Except as regards legislators or statewide elected officials] or a district attorney in the county where a person who allegedly violated the provisions resides or where [a] an alleged violation occurred [may also enforce that act]. Enforcement actions may include seeking civil injunctive or other appropriate orders."

Section 12. Section 10-16A-7 NMSA 1978 (being Laws 1993, Chapter 46, Section 45) is amended to read:

"10-16A-7. CRIMINAL PENALTIES.--

A. Any person who knowingly and willfully violates any of the provisions of the Financial Disclosure Act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both.

Section 13. Section 10-17-12 NMSA 1978 (being Laws 1951, Chapter 13, Section 1) is amended to read:

"10-17-12. WILLFUL NEGLECT OF DUTY--PENALTY.--

A. When any duty is or shall be enjoined by law upon any public officer or upon any person holding any public trust or employment, every [wilful] willful neglect to perform such duty, where no special provision [shall have] has been made for the punishment of such delinquency, [shall be deemed] is a misdemeanor punishable by imprisonment in the county jail for [not less than ten nor more than sixty days] a definite term not to exceed one year or by a fine [of not less than ($100) nor more than $500] not to exceed one thousand dollars ($1,000).

Section 14. Section 13-1-199 NMSA 1978 (being Laws 1984, Chapter 65, Section 172) is amended to read:

"13-1-199. MISDEMEANOR.--

A. Any business or person [which] that violates the Procurement Code is guilty of a misdemeanor.

B. The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of the provisions of the Procurement Code; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for an alleged violation."

Section 15. Section 19-7-6 NMSA 1978 (being Laws 1921, Chapter 174, Section 6) is amended to read:

"19-7-6. OFFENSES BY OFFICERS OR EMPLOYEES OF STATE LAND OFFICE--PENALTY.--

A. It [shall be] is unlawful for any officers or [employe] employees of the state land office:

(1) to act as agent or attorney for any applicant for the purchase or leasing of public lands of this state; [or]

(2) to [wilfully] withhold or conceal willfully any such application in order to give any applicant priority or advantage over another; [or]

(3) to receive any money or thing of value as a gift or compensation for aiding or conniving or conspiring to aid in procuring priority of application; [or]

(4) directly or indirectly to aid or conspire to aid one applicant as against another by any fraudulent means [whatever] whatsoever; or

(5) to receive any money or thing of value as a gift, compensation or otherwise from any person applying for the lease or purchase of public lands [and].

B. Upon conviction [thereof] for any act enumerated in Subsection A of this section, the offender shall be punished by a fine of not [less than one hundred dollars ($100.00) nor] more than one thousand dollars [($1,000.00)] ($1,000) or by imprisonment [in the state penitentiary] for a definite term [of] not [less than six months nor more than] to exceed three years or [by] both [such fine and imprisonment in the discretion of the court].

C. The attorney general has primary authority to investigate and prosecute the commissioner of public lands for an alleged violation of the provisions of this section. Upon the failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the commissioner of public lands for the alleged violation."

Section 16. A new section of Chapter 30, Article 16 NMSA 1978 is enacted to read:

"[NEW MATERIAL] VIOLATIONS BY STATEWIDE ELECTED OFFICERS--PRIMARY AUTHORITY OF ATTORNEY GENERAL.--The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of the provisions of Section 30-16-1, 30-16-6, 30-16-8 or 30-16-9 NMSA 1978; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this section, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 17. A new section of Chapter 30, Article 23 NMSA 1978 is enacted to read:

"[NEW MATERIAL] VIOLATIONS BY STATEWIDE ELECTED OFFICERS--PRIMARY AUTHORITY OF ATTORNEY GENERAL.--The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of any of the provisions of Sections 30-23-1 through 30-23-6 NMSA 1978; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this section, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 18. A new section of Chapter 30, Article 24 NMSA 1978 is enacted to read:

"[NEW MATERIAL] BRIBERY INVOLVING PUBLIC OFFICERS AND EMPLOYEES--CONSTITUTIONAL VIOLATIONS--PRIMARY AUTHORITY OF ATTORNEY GENERAL.--The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of any of the provisions of Sections 30-24-1 through 30-24-3.1 NMSA 1978; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this section, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 19. Section 30-26-1 NMSA 1978 (being Laws 1963, Chapter 303, Section 26-1) is amended to read:

"30-26-1. TAMPERING WITH PUBLIC RECORDS.--

A. Tampering with public records consists of:

[A.] (1) knowingly altering any public record without lawful authority;

[B.] (2) any public officer or public employee knowingly filing or recording any written instrument, judicial order, judgment or decree in a form other than as the original thereof in fact appeared;

[C.] (3) any public officer or public employee knowingly falsifying or falsely making any record or file, authorized or required by law to be kept;

[D.] (4) any public officer or public employee knowingly issuing or causing to be issued any false or untrue certified copy of a public record; or

[E.] (5) knowingly destroying, concealing, mutilating or removing without lawful authority [and] any public record or public document belonging to or received or kept by any public authority for information or record or pursuant to law.

B. Whoever commits tampering with public records is guilty of a fourth degree felony.

Section 20. A new section of Chapter 30, Article 41 NMSA 1978 is enacted to read:

"[NEW MATERIAL] VIOLATIONS BY STATEWIDE ELECTED OFFICERS--PRIMARY AUTHORITY OF ATTORNEY GENERAL.--The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of any of the provisions of Sections 30-41-1 and 30-41-2 NMSA 1978; except if the elected officer is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this section, the district attorney in the county where the alleged violation occurred may investigate and prosecute an elected officer for the alleged violation."

Section 21. Section 30-42-5 NMSA 1978 (being Laws 1980, Chapter 40, Section 5) is amended to read:

"30-42-5. ENFORCEMENT AUTHORITY.--

A. Except as provided in Subsection B of this section, the attorney general and the district attorneys of New Mexico shall each have authority to enforce the criminal provisions of the Racketeering Act by initiating investigations, assisting grand juries, obtaining indictments, filing informations and complaints and prosecuting criminal cases.

B. The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of any of the provisions of the Racketeering Act; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this subsection, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 22. Section 30-51-1 NMSA 1978 (being Laws 1998, Chapter 113, Section 1) is amended to read:

"30-51-1. SHORT TITLE.--[Sections 1 through 5 of this act] Chapter 30, Article 51 NMSA 1978 may be cited as the "Money Laundering Act"."

Section 23. A new section of the Money Laundering Act is enacted to read:

"[NEW MATERIAL] VIOLATIONS BY STATEWIDE ELECTED OFFICERS--PRIMARY AUTHORITY OF ATTORNEY GENERAL.--The attorney general has primary authority to investigate and prosecute an officer of the executive or judicial department elected on a statewide basis for an alleged violation of any of the provisions of the Money Laundering Act; except if the elected officer who allegedly violated the provisions is the attorney general, the governor shall appoint a district attorney who may investigate and prosecute the attorney general. Upon the failure or refusal of the attorney general to act pursuant to this section, the district attorney in the county where the alleged violation occurred may investigate and prosecute the elected officer for the alleged violation."

Section 24. Section 36-1-18 NMSA 1978 (being Laws 1909, Chapter 22, Section 2, as amended) is amended to read:

"36-1-18. DUTIES OF DISTRICT ATTORNEY.--

A. Each district attorney shall:

(1) prosecute and defend for the state in all courts of record of the counties of [his] the district attorney's district all cases, criminal and civil, in which the state or any county in [his] the district may be a party or may be interested, except as otherwise provided by law;

(2) represent the county before the board of county commissioners of any county in [his] the district attorney's district in all matters before the board whenever requested to do so by the board, and [he] the district attorney may appear before the board when sitting as a board of equalization without request;

(3) advise all county and state officers whenever requested; and

(4) represent any county in [his] the district attorney's district in all civil cases in which the county may be concerned in the supreme court or court of appeals, but not in suits brought in the name of the state.

B. A district attorney may contract with an Indian nation, tribe or pueblo within the boundaries of the district attorney's judicial district for the purpose of authorizing the district attorney or [his] the district attorney's staff to:

(1) serve as a tribal prosecutor; or

(2) prosecute alleged violations of tribal codes by tribal members in tribal courts."

Section 25. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.