FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 22-8-12 — NM Code / Chapter 22 / Article 8 / Section 22-8-12
§ 22-8-12. Operating budgets; amendments
Status: in_force

Operating budgets shall not be altered or amended after approval and certification by the department, except for the following purposes and according to the following procedure:

A. upon written request of a local school board or governing body of a state-chartered charter school, the secretary may authorize transfer within the budget, or provide for items not included, when the total amount of the budget will not be increased thereby;

B. upon written request of a local school board or governing body of a state-chartered charter school, the secretary, in conformance with the rules of the department, may authorize an increase in any budget if the increase is necessary because of the receipt of revenue that was not anticipated at the time the budget was fixed and if the increase is directly related to a special project or program for which the additional revenue was received. The secretary shall make a written report to the legislative finance committee of any such budget increase;

C. upon written request of a local school board or governing body of a state-chartered charter school, the secretary may authorize an increase in a budget of not more than one thousand dollars ($1,000); or

D. upon written request of a local school board or governing body of a state-chartered charter school, the secretary, after notice and a public hearing, may authorize an increase in a school budget in an amount exceeding one thousand dollars ($1,000). The notice of the hearing shall designate the school district that proposes to alter or amend its budget, together with the time, place and date of the hearing. The notice of the hearing shall be published at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the school district is situated. The last publication of the notice shall be at least three days prior to the date set for the hearing. The charter schools division shall establish how a state-chartered charter school notifies the parents of its students of proposed increases in a charter school budget.
N.M. Stat. § 28-7-19 — NM_STATUTES Code / Chapter 28 / Article 7 / Section 28-7-19
§ 28-7-19. Qualification as blind; examinations required
Status: in_force

A. Qualification of a person as blind shall be determined by means of an eye examination by a licensed ophthalmologist. Blindness shall be the major handicap in cases of multiple handicaps. Persons who are not blind but who have been certified by a licensed ophthalmologist as suffering from a deteriorating condition which will result in blindness also qualify as blind.

B. The commission shall determine the procedure to be followed for the examination of any person to establish blindness and shall maintain a list of all ophthalmologists currently licensed in New Mexico. The person may choose any licensed ophthalmologist to make the examination and the cost shall be paid by the commission pursuant to its regulations.
N.M. Stat. § 61-37-13 — NM Code / Chapter 61 / Article 37 / Section 61-37-13
§ 61-37-13. Hearing procedure
Status: in_force

If the division suspends or revokes a license or imposes an administrative penalty against a licensee, the licensee shall be entitled to a hearing pursuant to the rules promulgated by the division. The hearing shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county in which the licensee is located. Hearings shall be open to the public. Subpoenas shall be issued and enforced in accordance with the provisions of Section 23 of the Tobacco Products Act.
N.M. Stat. § 3-27-7 — NM_STATUTES Code / Chapter 3 / Article 27 / Section 3-27-7
§ 3-27-7. Hearing; costs; review
Status: in_force

At the hearing the court shall have power and jurisdiction to examine into and determine all matters and things affecting the question submitted, and shall make findings with reference thereto, and render judgment and decree thereon as the case warrants. Costs may be divided or apportioned among any contesting parties in the discretion of the trial court. Review of the judgment of the court may be had as in other civil action. The Rules of Civil Procedure shall govern in matters of pleading and practice where not otherwise specified. The court shall disregard any error, irregularity or omission which does not affect the substantial rights of the parties. The provisions of Sections 3-27-6 and 3-27-7 NMSA 1978 , shall apply to contracts entered into pursuant to the provisions of Section 3-27-5 NMSA 1978 .
N.M. Stat. § 77-13-6 — NM Code / Chapter 77 / Article 13 / Section 77-13-6
§ 77-13-6. Disposition of proceeds; record of sale; payments to owner
Status: in_force

The inspector making the sale of an estray shall return the proceeds of the sale to the board. The board shall pay the expenses incurred in the impounding, publishing of notice and selling of the animal and place the balance in the fund of the board, making a record of the same showing the marks and brands and other means of identification of the livestock and giving the amount realized from the sale. The record shall be open to the inspection of the public. Should the lawful owner of an estray that has been sold be found within two years after the sale of the livestock, the net amount received from the sale of the estray less the sum prescribed by law for office handling fees shall be paid to the owner upon his proving ownership to the satisfaction of the board.
N.M. Stat. § 76-6A-10 — NM Code / Chapter 76 / Article 6A / Section 76-6A-10
§ 76-6A-10. Referendum; cotton boll weevil control districts; cotton boll weevil control committees
Status: in_force

After public hearing, if the director decides there is justification for creating a cotton boll weevil control district, the department shall hold a referendum. When cotton producers who represent sixty-six percent of the cotton acreage within the area threatened with or infested by the cotton boll weevil vote in favor of the establishment of a cotton boll weevil control district, a cotton boll weevil control district shall be created. The cotton producers within a cotton boll weevil control district shall promptly establish, and shall elect not less than three nor more than seven members to, a cotton boll weevil control committee. Cotton boll weevil control committee members shall not receive per diem or compensation for their services. Cotton boll weevil control districts and cotton boll weevil control committees shall cease to exist when the cotton boll weevil control committee and the director determine that all financial and legal obligations have been satisfied.
N.M. Stat. § 34-8A-2 — NM Code / Chapter 34 / Article 8A / Section 34-8A-2
§ 34-8A-2. Metropolitan court; constitution
Status: in_force

With respect to the provisions of Sections 1 and 26 of Article 6 of the state constitution and all other provisions of law, the metropolitan court shall constitute a state magistrate court which is inferior to the district courts and is established by law pursuant to the provisions of Section 1 of Article 6 of the state constitution .
N.M. Stat. § 62-8-8 — NM Code / Chapter 62 / Article 8 / Section 62-8-8
§ 62-8-8. Inspection and supervision fee
Status: in_force

Each utility doing business in this state and subject to the control and jurisdiction of the commission with respect to its rates or service regulations shall pay annually to the state a fee for the inspection and supervision of such business in an amount equal to five hundred six thousandths percent of its gross receipts from business transacted in New Mexico for the preceding calendar year. That sum shall be payable on or before the first day of April in each year. An inspection and supervision fee shall be paid by utilities in addition to all property, franchise, license, intangible and other taxes, fees and charges provided by law. No similar inspection and supervision fee shall be measured by the amount of the gross receipts of such utility for the calendar year next preceding the date fixed in this section for the payment of the fee. In the case of utilities engaged in interstate business, the inspection and supervision fee shall be measured by the gross receipts of those utilities from intrastate business only for that preceding calendar year and not in any respect upon receipts derived wholly or in part from interstate business. No inspection and supervision fee shall be charged on the gross receipts from the sale of gas, water or electricity to a utility regulated by the commission for resale to the public.
N.M. Stat. § 61-17A-11 — NM Code / Chapter 61 / Article 17A / Section 61-17A-11
§ 61-17A-11. Licensure of instructors
Status: in_force

A. A cosmetologist instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who:

(1) is a licensed cosmetologist;

(2) has met all requirements established by the board; and

(3) has passed an examination approved by the board.

B. A barber instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who:

(1) is a licensed barber;

(2) has completed at least a four-year high school course of study or its equivalent as approved by the board;

(3) has met all requirements established by the board; and

(4) has passed an examination approved by the board.

C. An electrologist instructor license shall be issued to any person who files a completed application, accompanied by the required fees and documentation, and who submits satisfactory evidence of compliance with all requirements established by the board.

D. The name of a licensed instructor may be immediately followed by the initials “R.I.”, as a right and privilege of licensure.
N.M. Stat. § 4-62-3.1 — NM_STATUTES Code / Chapter 4 / Article 62 / Section 4-62-3.1
§ 4-62-3.1. Exemption from taxation
Status: in_force

The bonds authorized by Chapter 4, Article 62 NMSA 1978 and the income from the bonds or any mortgages or other instruments executed as security for the bonds shall be exempt from all taxation by the state or any political subdivision of the state.
N.M. Stat. § 63-9G-2 — NM Code / Chapter 63 / Article 9G / Section 63-9G-2
§ 63-9G-2. Definitions
Status: in_force

As used in the Cramming and Slamming Act:

A. “ billing aggregator ” means a person that bills customers for goods or services provided by others and that uses a local exchange company as a billing agent;

B. “ commission ” means the public regulation commission;

C. “ cramming ” means:

(1) charging a customer for telecommunications services that were not authorized by the customer;

(2) charging a customer for goods or services that are not telecommunications services and were not authorized by the customer; or

(3) using a sweepstakes, contest or drawing entry form as authorization to change or add telecommunications services to a customer's telephone bill;

D. “ customer ” means the person whose name appears on the telephone bill or the person responsible for payment of the telephone bill;

E. “ local exchange company ” means a provider that provides local exchange services;

F. “ local exchange services ” means the transmission of two-way interactive communications within a local exchange area described in maps, tariffs or rate schedules filed with the commission where local exchange rates apply;

G. “ provider ” means a telephone company, transmission company, telecommunications common carrier, telecommunications company, cellular or other wireless telecommunications service company, cable television service, telecommunications reseller, billing aggregator or other person that bills directly or has a billing contract with a local exchange company;

H. “ slamming ” means:

(1) changing a customer's provider without the customer's authorization; or

(2) using a sweepstakes, contest or drawing entry form as authorization to change a customer's provider; and

I. “ telecommunications service ” means the transmission of signs, signals, writings, images, sounds, messages, data or other information of any nature by wire, radio, lightwaves or other electromagnetic means or goods and services related to the transmission of information that are provided by the provider; provided that a good or service that does not meet the definition of “telecommunications service” does not become a telecommunications service merely because it is bundled with a telecommunications service for marketing or billing purposes.
N.M. Stat. § 40-4A-19 — NM Code / Chapter 40 / Article 4A / Section 40-4A-19
§ 40-4A-19. Liens
Status: in_force

The state Title IV-D agency must have and use procedures under which:

A. liens arise by operation of law against real and personal property for amounts of overdue support owed by a noncustodial parent who resides or owns property in the state; and

B. the state courts and tribunals accord full faith and credit to liens arising in another state, when the state Title IV-D agency, party, or other entity seeking to enforce such a lien complies with the procedural rules relating to recording or serving liens that arise within the state, except that such rules may not require judicial notice or hearing prior to the enforcement of such a lien.
N.M. Stat. § 61-13-17 — NM Code / Chapter 61 / Article 13 / Section 61-13-17
§ 61-13-17. Termination of agency life; delayed repeal
Status: repealed

The board of nursing home administrators is terminated on July 1, 2025 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of Chapter 61, Article 13 NMSA 1978 until July 1, 2026. Effective July 1, 2026, Chapter 61, Article 13 NMSA 1978 is repealed.
N.M. Stat. § 4-59-4.1 — NM Code / Chapter 4 / Article 59 / Section 4-59-4.1
§ 4-59-4.1. Notice
Status: in_force

A. Prior to adopting an ordinance issuing county industrial revenue bonds, a county shall give notice to the county assessor and any entity located within the county authorized to levy taxes on property in the county of its intent to consider the matter. The county assessor and entities authorized to levy taxes shall be notified by certified mail, return receipt requested, at least thirty calendar days prior to the meeting at which final action is to be taken so that comments can be transmitted to the county. The notice shall include the amount, the purpose and the time period of the proposed industrial revenue bonds.

B. The county assessor and entities authorized to levy taxes shall be able to forward their comments and any concerns to the board of county commissioners, but there is no approval required from the county assessor or entities authorized to levy taxes and they do not have veto over the proposed county industrial revenue bond issuance.

C. The county and entities authorized to levy taxes shall jointly develop criteria for issuance of industrial revenue bonds; provided, however, that county industrial revenue bonds may be authorized and issued before development of the criteria is completed.

D. The county shall notify the board of county commissioners, the county assessor and any entity levying taxes on property in the county when an industrial revenue bond has matured, expired or been replaced by a refunding bond.
N.M. Stat. § 7-38-50 — NM_STATUTES Code / Chapter 7 / Article 38 / Section 7-38-50
§ 7-38-50. Delinquent taxes; civil penalties
Status: in_force

A. If property taxes become delinquent, a penalty of one percent of the delinquent taxes for each month or any portion of a month they remain unpaid shall be imposed, but the total penalty shall not exceed five percent of the delinquent taxes except that, when the penalty determined under the foregoing provisions of this subsection is less than five dollars ($5.00), the penalty to be imposed shall be five dollars ($5.00). A county may suspend for a particular tax year application of the minimum penalty requirements of this subsection by resolution of its county commissioners adopted not later than September 1 of that tax year. A copy of any such resolution shall be forwarded to the county treasurer.

B. If property taxes become delinquent because of an intent to defraud by the property owner, fifty percent of the property taxes due or fifty dollars ($50.00), whichever is greater, shall be added as a penalty.
N.M. Stat. § 3-45-10 — NM_STATUTES Code / Chapter 3 / Article 45 / Section 3-45-10
§ 3-45-10. Sales, rentals and tenant selection
Status: in_force

A. In the operation or management of housing projects and affordable housing programs or the sale of any property pursuant to the Municipal Housing Law, a city shall at all times observe the following duties with respect to rentals, property and tenant selection:

(1) it may rent, lease or sell the dwelling accommodations in the housing project and affordable housing programs only to persons falling within federally established standards;

(2) it may rent, lease or sell to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, that it deems necessary to provide safe and sanitary accommodations to the proposed occupants without overcrowding; and

(3) it shall not accept any person as a tenant in any housing program if the person has an annual net income in excess of federally established standards.

B. Nothing contained in this section or Section 3-45-9 NMSA 1978 shall be construed as limiting the power of a city to vest in an obligee the right, in the event of a default by the city, to take possession and operate housing projects or affordable housing programs or cause the appointment of a receiver thereof, free from all the restrictions imposed by this section or Section 3-45-9 NMSA 1978 .
N.M. Stat. § 28-16A-19 — NM_STATUTES Code / Chapter 28 / Article 16A / Section 28-16A-19
§ 28-16A-19. Information and referral task force creation
Status: in_force

The “information and referral task force” is created in the council to develop a statewide, comprehensive “211” information and referral plan for use as a telephone dialing code for access to health and human services. The plan shall include a tariff structure based on existing agreements, a common taxonomy of terms, coordination between public and private systems and standardized statewide training and exploration of a centralized information repository. The task force shall include representation from the department of health; the human services department [health care authority department]; the children, youth and families department; the early childhood education and care department; the workforce solutions department; the aging and long-term services department; the internet long-term care link program; the governor's commission on disability; the New Mexico commission for the blind; the commission for deaf and hard-of-hearing persons; a statewide organization that raises money for health and human service purposes; and other interested parties.
N.M. Stat. § 58-22-31 — NM Code / Chapter 58 / Article 22 / Section 58-22-31
§ 58-22-31. Effect on persons currently engaged in escrow company business
Status: in_force

Any person engaged in the escrow company business in the state for a period of at least ninety days prior to the effective date of the Escrow Company Act shall have thirty days from that date in which to file a proper and complete application for a license together with the required bonds pursuant to Section 10 of the Escrow Company Act and evidence of insurance coverage pursuant to Section 11 of that act and to pay all required fees; provided that such applicant shall not be required to meet the condition specified in Subsection B of Section 8 of the Escrow Company Act. During that thirty-day period and until the director acts on the application, the person shall be entitled to operate without a license but shall otherwise comply with all other provisions of that act.
N.M. Stat. § 7-27-17 — NM Code / Chapter 7 / Article 27 / Section 7-27-17
§ 7-27-17. Execution of bonds
Status: in_force

Severance tax bonds and supplemental severance tax bonds shall be signed and attested by the state treasurer and shall be executed with the facsimile signature of the governor and the facsimile seal of the state, except for bonds issued in book entry or similar form without the delivery of physical securities. Any interest coupons attached to the bonds shall bear the facsimile signature of the state treasurer, which officer, by the execution of the bonds, shall adopt as his own signature the facsimile thereof appearing on the coupons. Except for bonds issued in book entry or similar form without the delivery of physical securities, the Uniform Facsimile Signature of Public Officials Act 1 shall apply, and the state board of finance shall determine the manual signature to be affixed on the bonds.
N.M. Stat. § 66-13-2 — NM Code / Chapter 66 / Article 13 / Section 66-13-2
§ 66-13-2. Definitions
Status: in_force

As used in the Boating While Intoxicated Act:

A. “ bodily injury ” means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body;

B. “ conviction ” means an adjudication of guilt and does not include imposition of a sentence;

C. “ motorboat ” means any boat, personal watercraft or other type of vessel propelled by machinery, whether or not machinery is the principle source of propulsion. “ Motorboat ” includes a vessel propelled or designed to be propelled by a sail, but does not include a sailboard or a windsurf board. “Motorboat” does not include a houseboat or any other vessel that is moored on the water, but not moving on the water; and

D. “ operate ” means to physically handle the controls of a motorboat that is moving on the water.
N.M. Stat. § 4-49-8 — NM Code / Chapter 4 / Article 49 / Section 4-49-8
§ 4-49-8. Election on bond question; petition; notice; election without petition
Status: in_force

A. Whenever a petition signed by not less than two hundred qualified electors of any county in this state is presented to the board of county commissioners asking that a vote be taken on the question or proposition of building, remodeling or making additions to necessary public buildings or necessary public projects, setting forth in general terms the object of the petition and the amount of bonds asked to be voted for, the board of county commissioners of the county to which the petition is presented shall, within ten days after the presentation, call an election to be held within sixty days thereafter in the county. Except as provided in Chapter 4, Article 49 NMSA 1978 , such elections shall be held and conducted pursuant to the provisions of the Local Election Act.

B. After the defeat of any proposition once voted for, a second special election upon any question or proposition under the provisions of Chapter 4, Article 49 NMSA 1978 shall not be held for a term of two years unless a petition requesting another election, containing the names of qualified electors of the county equal to ten percent of the votes cast for governor in the last preceding election and otherwise conforming to the requirements of this section, is presented to the board of county commissioners; provided, however, that in no event shall more than two elections upon any proposition or question under Chapter 4, Article 49 NMSA 1978 be held in any term of two years. A bond election as provided in this section may also be called by the board of county commissioners, without any petition, after the board has adopted a resolution calling such an election, which resolution shall set forth the object of the election and the amount of bonds to be issued.