New Mexico Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in New Mexico, with full citations and the original source on every page.
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Is New Mexico's refundable Film Production Tax Credit (which can pay film companies more than they owe in tax) constitutional under the state constitution's Anti-Donation Clause?
Yes. The Anti-Donation Clause prohibits gifts of public funds without consideration. The Film Production Tax Credit Act requires film companies to fulfill specific statutory obligations (employment of…
Can a New Mexico state agency sign the standard US Forest Service indemnity language for a special-use permit that lets it put a cell tower or other equipment on federal land?
Partly. The State can agree to indemnify the United States up to the Tort Claims Act's liability limits and can name the USDA as an additional insured on a commercial general liability policy purchase…
Can New Mexico's Public Education Department give money from the state Indian Education Fund directly to tribal schools and Bureau of Indian Education schools, or must the funds go only to public schools the state controls?
Yes, PED can fund tribal and BIE schools from the Indian Education Fund. Distributions support the Indian Education Act's purposes and do not run afoul of the Anti-Donation Clause, the prohibition on …
Can a New Mexico educational-services cooperative use its joint-powers procurement agreement to fund a student scholarship program?
No, or at least not under the agreement CES currently operates under. The AG concluded that CES's authorizing joint-powers agreement is limited to cooperative procurement of tangible personal property…
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Attorney general opinions in New Mexico are written by the New Mexico Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.