FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 3-21-6 — NM Code / Chapter 3 / Article 21 / Section 3-21-6
§ 3-21-6. Zoning; mode of determining regulations, restrictions and boundaries of district; public hearing required; notice
Status: repealed

A. The zoning authority within its jurisdiction shall provide by ordinance for the manner in which zoning regulations, restrictions and the boundaries of districts are:

(1) determined, established and enforced; and

(2) amended, supplemented or repealed.

B. No zoning regulation, restriction or boundary shall become effective, amended, supplemented or repealed until after a public hearing at which all parties in interest and citizens shall have an opportunity to be heard. Notice of the time and place of the public hearing shall be published, at least fifteen days prior to the date of the hearing, within its respective jurisdiction. Whenever a change in zoning is proposed for an area of one block or less, notice of the public hearing shall be mailed by certified mail, return receipt requested, to the owners, as shown by the records of the county treasurer, of lots of land within the area proposed to be changed by a zoning regulation and within one hundred feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation. Whenever a change in zoning is proposed for an area of more than one block, notice of the public hearing shall be mailed by first class mail to the owners, as shown by the records of the county treasurer, of lots or [of] land within the area proposed to be changed by a zoning regulation and within one hundred feet, excluding public right-of-way, of the area proposed to be changed by zoning regulation. If the notice by first class mail to the owner is returned undelivered, the zoning authority shall attempt to discover the owner's most recent address and shall remit the notice by certified mail, return receipt requested, to that address.

C. If the owners of twenty percent or more of the area of the lots and [of] land included in the area proposed to be changed by a zoning regulation or within one hundred feet, excluding public right-of-way, of the area proposed to be changed by a zoning regulation, protest in writing the proposed change in the zoning regulation, the proposed change in zoning shall not become effective unless the change is approved by a majority vote of all the members of the governing body of the municipality or by a two-thirds vote of all the members of the board of county commissioners.
N.M. Stat. § 29-13-3 — NM Code / Chapter 29 / Article 13 / Section 29-13-3
§ 29-13-3. Distribution of certain insurance collections; law enforcement protection fund created
Status: in_force

There is created in the state treasury the “law enforcement protection fund”. Ten percent of all money received for fees, licenses and penalties from life, health, general casualty and title insurance business pursuant to the New Mexico Insurance Code shall be paid monthly to the state treasurer and credited to the fund. On or before June 30 of each year, the state treasurer shall transfer to the law enforcement retention fund any balance in the law enforcement protection fund in excess of one hundred thousand dollars ($100,000) that is not obligated for expenses in that current fiscal year.
N.M. Stat. § 9-7-6.3 — NM_STATUTES Code / Chapter 9 / Article 7 / Section 9-7-6.3
§ 9-7-6.3. Rules
Status: in_force

The department of health shall adopt rules pursuant to the State Rules Act 1 and the Department of Health Act to implement the provision of behavioral health services.
N.M. Stat. § 7-1-8.6 — NM Code / Chapter 7 / Article 1 / Section 7-1-8.6
§ 7-1-8.6. Information that may be revealed to certain tribal governments
Status: in_force

An employee of the department may reveal return information to authorized representatives of an Indian nation, tribe or pueblo, the territory of which is located wholly or partially within New Mexico, pursuant to the terms of a written reciprocal agreement entered into by the department with the Indian nation, tribe or pueblo for the exchange of that information for tax purposes only; provided that the Indian nation, tribe or pueblo has enacted a confidentiality statute and penalty similar to Sections 7-1-8 and 7-1-76 NMSA 1978 .
N.M. Stat. § 7-2-31.1 — NM_STATUTES Code / Chapter 7 / Article 2 / Section 7-2-31.1
§ 7-2-31.1. Optional refund contribution provisions; conditional repeal
Status: repealed

A. By August 31, 2000, and by August 31 of every succeeding year, the secretary shall determine the total amount contributed through the preceding July 31 on returns filed for taxable years ending in the preceding calendar year pursuant to each provision of the Income Tax Act that allows a taxpayer the option of directing the department to contribute all or any part of an income tax refund due the taxpayer to a specified account, fund or entity.

B. If the secretary's determination pursuant to Subsection A of this section regarding an optional refund contribution provision is that the total amount contributed is less than five thousand dollars ($5,000), exclusive of directions for contributions disregarded under Subsection C of this section, the secretary shall certify that fact to the secretary of state. Any optional refund contribution provision for which a certification is made for three consecutive years is repealed, effective on the January 1 following the third certification.

C. The department shall disregard a direction on a return to make an optional refund contribution if the amount of refund due on the return is determined by the department to be less than the sum of the amounts directed to be contributed.

D. Notwithstanding the provisions of Section 7-1-26 NMSA 1978 , a taxpayer may not claim and the department may not allow a refund with respect to any optional refund contribution that was made by the department at the direction of the taxpayer.
N.M. Stat. § 66-3-424.15 — NM Code / Chapter 66 / Article 3 / Section 66-3-424.15
§ 66-3-424.15. Special organ donation awareness registration plate; procedures; fee
Status: in_force

A. The division shall establish and issue special registration plates pursuant to Section 66-3-424 NMSA 1978 with a logo promoting awareness about the urgent need for organ and tissue donation in New Mexico and shall adopt procedures for application for and issuance of the special organ donation awareness registration plates.

B. The division shall determine the design of the logo for the organ donation awareness registration plate in consultation with New Mexico donor services and other organizations with the purpose of promoting organ and tissue donation and education.

C. For a one-time fee of ten dollars ($10.00), which shall be in addition to the regular motor vehicle registration fees, an owner of a motor vehicle may apply for the issuance of a special organ donation awareness registration plate. Thereafter, the owner of the motor vehicle shall pay the regular motor vehicle registration fees each year to retain and renew the special organ donation awareness registration plate.

D. Of the revenue from the special organ donation awareness registration plates, the ten-dollar ($10.00) fee collected for each registration plate shall be retained by the division and is appropriated to the division for the manufacture and issuance of the registration plates.
N.M. Stat. § 10-11A-3 — NM_STATUTES Code / Chapter 10 / Article 11A / Section 10-11A-3
§ 10-11A-3. Volunteer firefighters retirement fund; creation; transfer of funds from the fire protection fund
Status: in_force

A. There is created the “volunteer firefighters retirement fund” in the state treasury. All annuities and benefits in lieu of annuities shall be paid from the fund as provided in the Volunteer Firefighters Retirement Act.

B. Beginning in fiscal year 1998, the state treasurer shall transfer annually on or before the last day of July seven hundred fifty thousand dollars ($750,000) plus an additional two hundred fifty thousand dollars ($250,000) for fiscal year 1998 plus an additional two hundred fifty thousand dollars ($250,000) for fiscal year 1999 plus an additional five hundred thousand dollars ($500,000) for fiscal year 2000 from the fire protection fund to the credit of the volunteer firefighters retirement fund.
N.M. Stat. § 6-24-14 — NM Code / Chapter 6 / Article 24 / Section 6-24-14
§ 6-24-14. Lottery retailers; contracts; sales commission; bonds
Status: in_force

A. Lottery tickets shall be sold only by a lottery retailer who, pursuant to a contract with the authority, has been issued a certificate of authority signed by the chief executive officer. The lottery retailer shall display the certificate conspicuously at each authorized location. No lottery retailer shall sell a lottery ticket except from the locations listed in his contract and as evidenced by his certificate of authority unless the authority authorizes in writing any temporary location not listed in his contract.

B. Before entering into a contract with a lottery retailer applicant, the chief executive officer shall consider:

(1) the financial responsibility and security of the applicant and his business or activity;

(2) the accessibility of his place of business or activity to the public; and

(3) the sufficiency of existing licenses to serve the public convenience and the volume of the expected sales.

C. No person shall be a lottery retailer who:

(1) is under eighteen years of age;

(2) is engaged exclusively in the business of selling lottery tickets;

(3) is a lottery vendor or an employee or agent of any lottery vendor doing business in New Mexico;

(4) has been found to have violated any provisions of the New Mexico Lottery Act or any rule adopted by the board pursuant to that act; or

(5) fails to certify to the chief executive officer that his premises are in compliance with the federal Americans with Disabilities Act of 1990. 1

D. All lottery retailer contracts may be renewable annually in the discretion of the authority unless sooner terminated.

E. The authority to act as a lottery retailer is not assignable or transferable.

F. Lottery retailer applicants shall pay an application fee established by the board to cover the cost of investigating and processing the application.

G. The board shall determine the commission to be paid lottery retailers for their sales of lottery tickets.

H. Each lottery retailer shall keep a complete and current set of records accounting for all of his sales of lottery tickets and shall provide it for inspection upon request of the board, the chief executive officer, the legislative finance committee or the attorney general.

I. Lottery retailers shall make payments to the lottery only by check, bankdraft, electronic fund transfer or other recorded, noncash financial transfer method as determined by the chief executive officer.

J. No lottery retailer shall contract with any person for lottery goods or services except with the approval of the board.
N.M. Stat. § 21-22F-7 — NM Code / Chapter 21 / Article 22F / Section 21-22F-7
§ 21-22F-7. Contracts; enforcement
Status: in_force

The general form of the contract required shall be prepared and approved by the attorney general and the department of finance and administration and signed by the participating attorney and by the executive director of the department or the executive director's designated representative on behalf of the state. The department is vested with full and complete authority and power to sue in its own name for any balance due the state from any attorney on any such contract.
N.M. Stat. § 3-45-14 — NM_STATUTES Code / Chapter 3 / Article 45 / Section 3-45-14
§ 3-45-14. Construction of bond provisions
Status: in_force

The Municipal Housing Law without reference to other statutes of the state shall constitute full authority for the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval or in any way impedes or restricts the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings taken hereunder or acts done pursuant hereto.
N.M. Stat. § 21-21A-1 — NM_STATUTES Code / Chapter 21 / Article 21A / Section 21-21A-1
§ 21-21A-1. Short title
Status: in_force

Chapter 21, Article 21A NMSA 1978 may be cited as the “Educational Assistance Act”.
N.M. Stat. § 10-9-11 — NM_STATUTES Code / Chapter 10 / Article 9 / Section 10-9-11
§ 10-9-11. Board and office administratively attached to general services department
Status: in_force

The board and the state personnel office are administratively attached, as defined in the Executive Reorganization Act, to the general services department.
N.M. Stat. § 10-7A-5 — NM_STATUTES Code / Chapter 10 / Article 7A / Section 10-7A-5
§ 10-7A-5. Deferred compensation plan; approval
Status: in_force

A. The board shall review proposals providing investment options to participants of a deferred compensation plan submitted by deferred compensation carriers that have been engaged for a minimum of three years in the business of funding public employee deferred compensation plans authorized by 26 U.S.C. Section 457 and approve proposals that are consistent with the goals of providing state or local public employees with an investment that, in the opinion of the board, is safe and will provide a reasonable return to the employees upon their reaching the appropriate age or date at which they may begin receiving funds from the deferred compensation plan.

B. The type of deferred compensation investment options that may be approved include mutual funds, including stock, bond or capital preservation funds or any other investments determined by the board to fulfill the goals of providing viable deferred compensation for state or local public employees.
N.M. Stat. § 59A-20A-7 — NM Code / Chapter 59A / Article 20A / Section 59A-20A-7
§ 59A-20A-7. Examination
Status: in_force

A. The superintendent may examine the business and affairs of a licensee or applicant. The superintendent shall have the authority to order a licensee or applicant to produce any records, books, files or other information reasonably necessary to ascertain whether the licensee or applicant is acting or has acted in violation of the law or otherwise contrary to the interests of the public. The expenses incurred in conducting an examination shall be paid by the licensee or applicant.

B. Names and identification data for all viators or insureds shall be considered confidential information and shall not be disclosed by the superintendent unless required by law.

C. Records of all transactions of viatical settlement contracts shall be maintained by the provider and shall be available to the superintendent for inspection during reasonable business hours. A provider shall maintain records of each viatical settlement until five years after the death of the viator.
N.M. Stat. § 56-2-4 — NM Code / Chapter 56 / Article 2 / Section 56-2-4
§ 56-2-4. Exemptions
Status: in_force

The following persons shall not be deemed debt adjusters for the purposes of this act: any attorney-at-law admitted to practice in this state; any person who is a regular, full-time employee of a debtor, and who acts as an adjuster of his employer's debts; any person acting pursuant to any order or judgment of court, or pursuant to authority conferred by any law of this state or of the United States; any person who is a creditor of the debtor, or an agent of one (1) or more creditors of the debtor, and whose service in adjusting the debtor's debts are rendered without cost to the debtor; and any person who, at the request of a debtor, arranges for or makes a loan to the debtor, and who, at the authorization of the debtor, acts as an adjuster of the debtor's debts in the disbursement of the proceeds of the loan, without compensation for the services rendered in adjusting such debts; nonprofit corporations organized as a community effort to assist debtors.
N.M. Stat. § 63-3-6 — NM Code / Chapter 63 / Article 3 / Section 63-3-6
§ 63-3-6. Injury to passenger; contributory negligence; insufficient room
Status: in_force

If a passenger be injured while on the platform of any car, or while in any mail, express, baggage or freight car, or on the locomotive, or while his or her head, limbs or body is projected outside the window or door of any passenger car, in violation of the printed regulations of said corporation posted up at the time, in a conspicuous place inside of the passenger cars then in the train, or in violation of any verbal instructions given by any officer of the train, such passenger shall be deemed guilty of contributory negligence, and such corporation shall not be liable for such injury: provided, that there was, at the time, inside of its passenger cars, room sufficient for the accommodation of such passenger.
N.M. Stat. § 7-27-22 — NM Code / Chapter 7 / Article 27 / Section 7-27-22
§ 7-27-22. Severance tax bonding act to be full authority for issuance of bonds
Status: in_force

The Severance Tax Bonding Act shall, without reference to any other act of the legislature, be full authority for the issuance and sale of severance tax bonds and supplemental severance tax bonds, which bonds and the coupons attached thereto shall have all the qualities of investment securities under the Uniform Commercial Code 1 and shall not be invalid for any irregularity or defect or be contestable in the hands of bona fide purchasers or holders thereof for value.
N.M. Stat. § 56-9-51 — NM Code / Chapter 56 / Article 9 / Section 56-9-51
§ 56-9-51. Bad or doubtful debts; sale or compromise; release of rights; report; notice; objections
Status: in_force

Whenever it may appear to the best interest of the estate assigned, the court, or judge thereof in vacation may make an order directing the assignee to sell, compound or compromise all bad or doubtful debts upon such terms and conditions as appear proper and most beneficial to the estate; and in like manner the court, or judge thereof in vacation, may make an order directing the assignee to release and discharge any vested, contingent or possible right or interest in or to any estate or effects assigned, upon such terms and conditions as the court, or judge thereof in vacation, may deem proper and just for the best interest of the estate. The assignee shall report his proceedings under this section to the court, or judge in vacation; and if in vacation, he shall notify the creditors by publication in the newspaper aforesaid for at least two weeks, the last insertion to be not less than ten days prior to the time of the hearing on said report, which notice shall state the object of said report and when and where the same will be heard, and upon a hearing thereof, the court, or judge in vacation, may approve or disapprove the same as the facts and circumstances may warrant: and provided, that any creditor may file his objections to said report on or before the date fixed by the notice, and such objection shall be heard and determined without delay, and nothing in this section authorized to be done by the assignee shall be final until the approval of the court as provided in this chapter.
N.M. Stat. § 9-4A-4 — NM Code / Chapter 9 / Article 4A / Section 9-4A-4
§ 9-4A-4. Department created
Status: in_force

The “cultural affairs department” is created in the executive branch. The department is a cabinet department and includes the following divisions:

A. the administrative services division;

B. the arts division;

C. the historic preservation division;

D. the library division;

E. the Hispanic cultural division;

F. the farm and ranch heritage museum division;

G. the natural history and science museum division;

H. the museum of space history division;

I. the museum resources division;

J. the veterans museum division; and

K. the following divisions that make up the museum of New Mexico:

(1) the palace of the governors state history museum division;

(2) the New Mexico museum of art division;

(3) the museum of Indian arts and culture division;

(4) the museum of international folk art division;

(5) the archaeology division; and

(6) the state historic sites and monuments division.
N.M. Stat. § 24-17-3 — NM Code / Chapter 24 / Article 17 / Section 24-17-3
§ 24-17-3. Definitions
Status: in_force

As used in the Continuing Care Act:

A. “ affiliate ” means a person having a five percent or greater interest in a provider;

B. “ community ” means a retirement home, retirement community, home for the aged or other place that undertakes to provide continuing care;

C. “ continuing care ” means furnishing, pursuant to a contract that requires entrance or advance fees and service or periodic fees, independent-living and health or health-related services. Entrance or advanced fees do not include security or damage deposit fees that amount to less than three months' service or periodic fees. These services may be provided in the community, in the resident's independent living unit or in another setting, designated by the continuing care contract, to an individual not related by consanguinity or affinity to the provider furnishing the care. The services include, at a minimum, priority access to a nursing facility or hospital either on site or at a site designated by the continuing care contract;

D. “ continuing care contract ” means an agreement by a provider to furnish continuing care to a resident;

E. “ liquid reserves ” means cash or other assets that are available within sixty days to satisfy a community's expenses and that do not include real property or interests in real property;

F. “ net operating expenses ” means the total costs of operating a community, including taxes and insurance but not including amortization, depreciation or long-term debt service;

G. “ person ” means an individual, corporation, partnership, trust, association or other legal entity;

H. “ priority access to a nursing facility or hospital ” means that a nursing facility or hospital services the residents of independent living units or that there is a promise of such health care or health-related services being available in the future;

I. “ provider ” means the owner or manager of a community that provides, or offers to provide, continuing care;

J. “ resident ” means, unless otherwise specified, an actual or prospective purchaser of, nominee of or subscriber to a continuing care contract;

K. “ type A ” agreement means an extensive entrance-fee contract that includes housing, residential services, amenities and unlimited specific health-related services with little or no substantial increase in monthly payments, except to cover normal operating costs and inflation adjustments;

L. “ type B ” agreement means a modified entrance-fee contract that includes housing, residential services, amenities and a specific amount of health care with no substantial increase in monthly payments, except to cover normal operating costs and inflation adjustments. After the specified amount of health care is used, persons served pay either a discounted rate or the full per diem rates for required health care services; and

M. “ unit ” means the living quarters that a resident buys, leases or has assigned as part of the continuing care contract.