STATE OF NEW MEXICO
OFFICE OF THE ATTORNEY GENERAL
HECTOR H. BALDERAS
ATTORNEY GENERAL
April 24, 2020
The Honorable Eliseo Lee Alcon
New Mexico District - 6
Box 2134
Milan, New Mexico 87021
eliseo.alcon@nmlegis.gov
Re: Opinion Request—Legislative intent
Dear Representative Alcon:
You have requested our advice regarding whether a legislator’s intent supersedes an error of
interpretation by the bill drafter. Specifically, your letter discusses a capital outlay funding request
for “[p]lanning for enhancements to soccer fields and Kerns park-baseball field which will include
park amenities such as playground, storage, trails, ADA parking and access, bathrooms,
concession, and maintenance equipment.” The project language for Senate Finance Committee
Substitute for Senate Bill 280 (Capital Outlay Expenditures) that was signed into law by the
Governor on April 5, 2019 states, “to plan, design, construct, equip and make improvements to
Kearns field to comply with the federal American with Disabilities Act of 1990 in Milan in Cibola
County.”
Based on our examination of the relevant New Mexico constitutional, statutory and case law
authorities, and on the information available to us at this time, we conclude that once legislation
is enacted, the plain meaning of the language contained in the legislation is controlling regardless
of a legislator’s intent. Further, once funds are appropriated by the legislature, those funds cannot
be expended for any purpose that the Legislature did not contemplate in the statute. See State ex
rel. Schwartz v. Johnson, 1995-NMSC-080, ¶ 3, 120 N.M. 820, 907 P.2d 1001. (“Absent a proper
delegation of authority from the state legislature, the executive branch is precluded from exercising
any control over the expenditure of appropriated money in a manner that would affect the
legislature’s choice of purpose.”) The statute in question contains no delegation of authority;
rather, the statutory language is a straightforward appropriation for a statutorily established
purpose.
There are three rules of statutory construction that apply to this matter. First, a statute should be
read according to its plain, written meaning. See Wilson v Denver, 125 N.M. 308, 314, 961 P.2d
153 (1998). Second, a statute should be read in a common sense manner. See State v. Portillo,
110 N.M. 135, 137, 793 P.2d 265 (1990). Third, a statute should be read together with other
statutes relating to the same subject matter to ascertain the legislative intent. Roth v. Thompson,
TOLL FREE 1-844-255-9210 TELEPHONE: (505)490-4060 FAX: (505)490-4883 www.nmag.gov
MAILING ADDRESS: P.O. DRAWER 1508 - SANTA FE, NEW MEXICO 87504-1508
STREET ADDRESS: 408 GALISTEO STREET - SANTA FE, NEW MEXICO 87501
Representative Eliseo Alcon
April 24, 2020
Page 2
113 N.M. 331, 334, 825 P.2d 1241 (1992). “When a statute contains language which is clear and
unambiguous, we must give effect to that language and refrain from further statutory
interpretation.”); Perea v. Baca, 94 N.M. 624, 627, 614 P.2d 541, 544 (1980) (“If there is any
doubt as to the meaning of the words, we are permitted to interpret by looking to legislative intent,
but otherwise, we should not.”); State v. Elliott, 89 N.M. 756, 757, 557 P.2d 1105, 1106 (1977)
(“Statutes are to be given effect as written and, where free from ambiguity, there is no room for
construction.”).
The plain, written meaning of Senate Finance Committee Substitute for Senate Bill 280
unequivocally states that the funds appropriated will be used, “to plan, design, construct, equip
and make improvements to Kearns field to comply with the federal American with Disabilities Act
of 1990 in Milan in Cibola County.” The appropriation, therefore, cannot be utilized for any other
purpose.
You have requested a formal opinion on the matters discussed above. Please note that such an
opinion is a public document available to the general public. Although we are providing you with
our legal advice in the form of a letter instead of an Attorney General's Opinion, we believe this
letter is also a public document, not subject to the attorney-client privilege. Therefore, we may
provide copies of this letter to the general public. If we may be of further assistance, or if you
have any questions regarding this opinion, please let us know.
Sincerely,
Sally Malavé
Assistant Attorney General
TOLL FREE 1-844-255-9210 TELEPHONE: (505)490-4060 FAX: (505)490-4883 www.nmag.gov
MAILING ADDRESS: P.O. DRAWER 1508 - SANTA FE, NEW MEXICO 87504-1508
STREET ADDRESS: 408 GALISTEO STREET - SANTA FE, NEW MEXICO 87501
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.