FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 22-11-35 — NM_STATUTES Code / Chapter 22 / Article 11 / Section 22-11-35
§ 22-11-35. Disability benefit; eligibility; medical examination
Status: in_force

A. A member shall be eligible for disability benefits if the member has acquired ten years or more of earned service credit and if the board certifies the member to be totally disabled to continue the member's employment and unable to obtain and retain other gainful employment commensurate with the member's background, education and experience.

B. Prior to any certification of disability by the board, the board shall require each applicant for disability benefits to submit medical records as required by the board in support of the applicant's disability claim.
N.M. Stat. § 73-21-39 — NM Code / Chapter 73 / Article 21 / Section 73-21-39
§ 73-21-39. Bonds collectible from operating revenues
Status: in_force

It is declared that revenue bonds, issued under the provisions of the Water and Sanitation District Act, except for those general obligation bonds described in Section 73-21-43 NMSA 1978 , shall not be considered to be general obligations of the district issuing them and shall be collectible only out of the net revenues derived from the operation of the water or sewer system, or joint water and sewer systems or from services rendered by the district for a fee, whose income is so pledged. Each of the bonds of any issue of revenue bonds issued under the provisions of the Water and Sanitation District Act, with the exception of general obligation bonds, shall recite on its face that it is payable and collectible solely from the revenues derived from the operations of the water or sewer system or joint water and sewer system or from the services rendered by the district for a fee, the income of which is so pledged, and that the holders of the bonds shall not look to any general or other fund for the payment of principal and interest of the obligation.
N.M. Stat. § 10-11-43.3 — NM Code / Chapter 10 / Article 11 / Section 10-11-43.3
§ 10-11-43.3. State legislator member coverage plan 2; amount of pension; form of payment A
Status: in_force

Under state legislator member coverage plan 2, the annual amount of pension under form of payment A is equal in any calendar year to fourteen percent of the per diem rate in effect, pursuant to Section 2-1-8 NMSA 1978 , on the first day of the fiscal year that the legislator or lieutenant governor retires multiplied by sixty and further multiplied by credited service as a legislator or lieutenant governor. A pension paid under state legislator member coverage plan 2 shall be adjusted pursuant to Section 10-11-118 NMSA 1978 for a legislator or lieutenant governor who has been retired for at least two full calendar years from the effective date of the latest retirement prior to July 1 of the year in which the pension is being adjusted.
N.M. Stat. § 57-5-4 — NM Code / Chapter 57 / Article 5 / Section 57-5-4
§ 57-5-4. Contracts for excessive number of pictures unlawful; form of contracts of sale, license or lease; power of public regulation commission; penalty for violations
Status: in_force

It shall be unlawful for any person, or persons, firm or corporation, who owns, operates or controls, either directly or indirectly, any motion picture theater, or room, hall, auditorium or place where motion pictures of any kind are exhibited in one or more towns or cities in this state, where competition exists, to contract for, lease, license, rent, buy or acquire more motion pictures or films than can and will be exhibited in their theater or theaters in such town or city within the twelve months next following the date of the purchase, rental or license contract for such motion pictures.

And it shall be unlawful for any exhibitor to buy, lease or otherwise acquire, or for any distributor, or any other person, to sell, lease or supply any picture or pictures in or for a competitive situation with the intention or knowledge that each or any of the picture or pictures will not be exhibited or used, and every exhibitor in a competitive situation shall exhibit all pictures under contract within six months after the producer and/or distributor announces such picture or pictures, ready for exhibition or showing. All contracts or agreements for the sale, license or rental of motion pictures shall be in writing, and shall be signed and either attested by two witnesses or sworn to by the parties thereto before some person authorized to administer an oath, and a copy thereof shall be filed by the producer and/or distributor in the office of the state corporation commission [public regulation commission] within ten days after the approval thereof, which said contracts or agreements shall contain a list of all pictures covered thereby; that the said corporation commission [public regulation commission] shall have the right to demand of any exhibitor a copy of his or its contract or contracts for the purchase, license or lease of any picture or pictures, which said copy shall be furnished by the exhibitor within fifteen days after the receipt of such notice; that said copy shall be identical with the original, together with the consideration paid or to be paid for each picture covered thereby. Any person, firm or corporation, who violates or fails to comply with any of the provisions of this section, shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000).
N.M. Stat. § 30-18-16 — NM Code / Chapter 30 / Article 18 / Section 30-18-16
§ 30-18-16. Coyote; killing contests prohibited; definition; penalties
Status: in_force

A. It is unlawful for a person to organize, cause, sponsor, arrange, hold or participate in a coyote-killing contest.

B. As used in this section, “ coyote-killing contest ” means an organized or sponsored competition with the objective of killing coyotes for prizes or entertainment.

C. Organizing, causing, sponsoring, arranging or holding a coyote-killing contest consists of a person knowingly:

(1) planning, organizing or enticing a person to participate in a coyote-killing contest; or

(2) providing the venue for a coyote-killing contest.

D. Participation in a coyote-killing contest consists of a person knowingly taking part in a coyote-killing contest.

E. A person who organizes, causes, sponsors, arranges or holds a coyote-killing contest is guilty of a misdemeanor.

F. A person who participates in a coyote-killing contest is guilty of a petty misdemeanor.

G. Nothing in this section shall be construed to prohibit a person from protecting a person or property or the state game commission from carrying out the statutory authority allowed by Chapter 17 NMSA 1978 in a non-coyote-killing contest setting.
N.M. Stat. § 60-2E-60 — NM Code / Chapter 60 / Article 2E / Section 60-2E-60
§ 60-2E-60. Judicial review of administrative actions
Status: in_force

A. Any person adversely affected by an action taken by the board after review pursuant to the provisions of Section 60-2E-59 NMSA 1978 may appeal the action to the court of appeals within thirty days after the date the action is taken. The appeal shall be on the record made at the hearing. To support his appeal, the appellant shall make arrangements with the board for a sufficient number of transcripts of the record of the hearing on which the appeal is based. The appellant shall pay for the preparation of the transcripts.

B. On appeal, the court of appeals shall set aside the administrative action only if it is found to be:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the whole record; or

(3) otherwise not in accordance with law.
N.M. Stat. § 61-24D-11 — NM Code / Chapter 61 / Article 24D / Section 61-24D-11
§ 61-24D-11. Denial, suspension or revocation of a license
Status: in_force

A. The board may deny issuance of a license or may suspend, revoke, limit or condition a license if the applicant or licensee is convicted of a felony or misdemeanor, provided that the denial, suspension or revocation is in accordance with the Criminal Offender Employment Act; has by false or fraudulent representations obtained a license; or in performing or attempting to perform any of the activities covered by the provisions of the Home Inspector Licensing Act, the applicant or licensee has:

(1) made a substantial misrepresentation;

(2) violated any of the provisions of the Home Inspector Licensing Act or any rule of the board;

(3) offered or delivered compensation, inducement or reward to the owner of the inspected property or to the broker or the agent for the referral of any business to the home inspector or the home inspector's company;

(4) had a license to perform home inspections revoked, suspended, denied, stipulated or otherwise limited in any state, jurisdiction, territory or possession of the United States or another country for actions of the licensee similar to acts proscribed in this subsection;

(5) failed to furnish the board, its investigators or its representatives with information requested by the board in the course of an official investigation; or

(6) performed or offered to perform for an additional fee any repair to a structure on which the home inspector or the home inspector's company has prepared a report at any time during the twelve months immediately prior to the repair or offer to repair, except that a home inspection company that is affiliated with or that retains a home inspector does not violate this paragraph if the home inspection company performs repairs pursuant to a claim made pursuant to the terms of a home inspection contract.

B. Disciplinary proceedings conducted by the board may be instituted by sworn complaint by any person, including a board member, and shall conform to the provisions of the Uniform Licensing Act.

C. All licensing, revocation and suspension proceedings conducted by the board shall be governed by the provisions of the Uniform Licensing Act.
N.M. Stat. § 9-29-7 — NM_STATUTES Code / Chapter 9 / Article 29 / Section 9-29-7
§ 9-29-7. Assistant secretary; appointment; duties
Status: in_force

A. The secretary shall, with the consent of the governor, appoint an assistant secretary for Native American early education and care.

B. The assistant secretary shall:

(1) be responsible to the secretary for the administration, coordination and oversight of Indian early childhood education and care programs;

(2) the assistant secretary shall, in cooperation with the secretary, collaborate with state and federal departments and agencies, tribal governments, eligible providers and community partners to identify ways such entities can assist the department in the implementation of the Early Childhood Education and Care Department Act;

(3) consult with the New Mexico Indian nations, tribes and pueblos for delivery of learning guidelines in Native American language, culture and history designed for tribal and nontribal students;

(4) provide assistance to school districts and educational agencies to expand appropriate Indian education programs for Native American infants, toddlers, children, youth and families pursuant to the federal Indian Child Welfare Act of 1978;

(5) assist with the delivery of culturally relevant education and care for Native American children;

(6) seek funding to establish and strengthen programs related to Native American infants, toddlers, children, youth and families; and

(7) help ensure that Native American language and cultural considerations are included in programs administered through the department.
N.M. Stat. § 1-2-30 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-30
§ 1-2-30. Watchers and election observers; penalty
Status: in_force

The act of denying a watcher or an election observer, who has presented a written appointment to the precinct board and who is not interfering with the orderly conduct of the election, the right to be present at the polling place or denying a watcher or election observer the right to witness the precinct board in the conduct of its duties is a petty misdemeanor.
N.M. Stat. § 21-21D-2 — NM Code / Chapter 21 / Article 21D / Section 21-21D-2
§ 21-21D-2. Purpose of act
Status: in_force

The purpose of the Senior Citizens Reduced Tuition Act is to provide educational opportunities for senior citizens at reduced tuition rates at New Mexico post-secondary degree-granting educational institutions. Senior citizens on fixed incomes often cannot afford the tuition to attend classes, but, by attending classes at reduced rates, older persons may be assisted in achieving lives of independence, dignity and purpose.
N.M. Stat. § 1-2-29 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-29
§ 1-2-29. Watchers and election observers; permissible activities
Status: in_force

A. Upon presentation to a precinct board of a written appointment, a watcher or election observer may:

(1) be present at any time from the time the precinct board convenes at the polling place until the completion of the precinct board's duties after the polls close;

(2) be permitted to observe that the election is being conducted in accordance with the Election Code;

(3) view the precinct voter list to ascertain whether a voter has voted, subject to the same prohibitions and restrictions as are placed upon challengers by the Election Code;

(4) view any voting machine being used in the precinct in the same manner that challengers may examine the voting machines; and

(5) make in any polling place and preserve for future reference written memoranda of any action or omission on the part of any member of the precinct board charged with the performance of a duty by the Election Code.

B. A watcher appointed on behalf of candidates may be present only in polling locations within the county of appointment at which ballots are cast for at least one of the candidates making the appointment.
N.M. Stat. § 44-7A-6 — NM Code / Chapter 44 / Article 7A / Section 44-7A-6
§ 44-7A-6. Application for judicial relief
Status: in_force

(a) Except as otherwise provided in Section 28, an application for judicial relief under the Uniform Arbitration Act must be made by motion to the court and heard in the manner provided by law or rule of court for making and hearing motions.

(b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial motion to the court under the Uniform Arbitration Act must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.
N.M. Stat. § 4-55A-9 — NM_STATUTES Code / Chapter 4 / Article 55A / Section 4-55A-9
§ 4-55A-9. Improvement district; provisional order; protest; action in district court
Status: in_force

A. At the hearing of the board on the provisional order creating an improvement district, any interested person or owner of property to be assessed for the improvement may file a written protest or objection questioning the:

(1) propriety and advisability of constructing the improvement;

(2) estimated cost of the improvement;

(3) manner of paying for the improvement; or

(4) estimated maximum benefit to each individual tract or parcel of land.

B. The board may recess the hearing from time to time so that all protestants may be heard.

C. Within thirty days after the board, by adoption of a resolution, has:

(1) concluded the hearing;

(2) determined:

(a) the advisability of constructing the improvement; and

(b) the type and character of the improvement; and

(3) created the improvement district; any person who during the hearing filed a written protest with the board protesting the construction of the improvement may commence an action in district court to correct or set aside the determination of the board. After the lapse of thirty days after adoption of the resolution by the board, any action attacking the validity of the proceedings and the amount of benefit to be derived from the improvement is perpetually barred. Where no person has filed a written protest during the hearing and all owners of property to be assessed, upon conclusion of the hearing submit to the governing body written statements in favor of the creation of the improvement district for the types and character of improvements indicated in the provisional order, such owners shall be deemed to have waived their right to bring any action challenging the validity of the proceedings or the amount of benefit to be derived from the improvements.
N.M. Stat. § 77-2A-5 — NM Code / Chapter 77 / Article 2A / Section 77-2A-5
§ 77-2A-5. Officers; meetings; expenses
Status: in_force

The council shall elect annually a chairman, vice chairman and such other officers as it deems necessary from among its members. The council shall meet at least once each six months, and at such other times as it may be called by the chairman. The council may provide rules for reimbursement of members' expenses while on official business of the council, but such reimbursement shall in no case exceed the provisions of the Per Diem and Mileage Act. 1 Council members shall receive no other compensation, perquisite or allowance.
N.M. Stat. § 74-10-60 — NM Code / Chapter 74 / Article 10 / Section 74-10-60
§ 74-10-60. Execution of securities
Status: in_force

Any security shall be executed in the name of and on behalf of the authority and signed by the chairman, with the seal of the authority affixed thereto and attested by the secretary, except for securities issued in book entry or similar form without the delivery of physical securities.
N.M. Stat. § 27-11-7 — NM Code / Chapter 27 / Article 11 / Section 27-11-7
§ 27-11-7. Determination of overpayments or credible allegation of fraud; audit findings; sampling; extrapolation limited; notice of right to informal conference and expedited adjudicatory proceeding
Status: in_force

A. The department may audit a medicaid provider or subcontractor for overpayment, using sampling for the time period audited. If the department contracts for the audit, the department shall contract only with an independent auditor approved by the state auditor. Each audited claim shall be reviewed by a person who is licensed, certified, registered or otherwise credentialed in New Mexico as to the matters such person reviews, including coding or specific clinical practice.

B. The department shall not extrapolate audit findings unless a medicaid provider's or subcontractor's error rate exceeds ten percent based upon an appropriate sampling and a representative sample of claims computed by valid statistical methods in accordance with the most recently published medicare program integrity manual and using statistical software approved by the United States department of health and human services.

C. Prior to reaching either a final determination of overpayment or a credible allegation of fraud, the department shall serve the medicaid provider or subcontractor with a written preliminary finding of overpayment.

D. The preliminary finding of overpayment shall:

(1) state with specificity the factual and legal basis for each claim forming the basis of an alleged overpayment;

(2) include a copy of the final audit report if the alleged overpayment is based on an audit; and

(3) notify the medicaid provider or subcontractor that is the subject of a preliminary finding of overpayment of its right to request, within thirty calendar days of service of the preliminary finding of overpayment, an informal conference with a representative of the department who is knowledgeable about the department's preliminary finding of overpayment and with a member of the audit team, if an audit formed the basis of any alleged overpayment, to informally address, resolve or dispute the department's preliminary finding of overpayment.

E. Prior to making either a final determination of overpayment or a determination of credible allegation of fraud, the department may impose corrective action upon the medicaid provider or subcontractor to address systemic conditions contributing to errors in the submission of claims for payment to which a medicaid provider or subcontractor is not entitled.
N.M. Stat. § 59A-52-6 — NM Code / Chapter 59A / Article 52 / Section 59A-52-6
§ 59A-52-6. Fire protection training programs
Status: in_force

The state fire marshal shall establish and conduct training programs throughout the state for demonstrating and teaching firefighters proper methods of preventing and extinguishing fires.
N.M. Stat. § 31-4-23 — NM Code / Chapter 31 / Article 4 / Section 31-4-23
§ 31-4-23. Nonwaiver by this state
Status: in_force

Nothing in this act contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this state, nor shall any proceedings had under this act which result in, or fail to result in, extradition be deemed a waiver by this state of any of its rights, privileges or jurisdiction in any way whatsoever.
N.M. Stat. § 58-10-51 — NM Code / Chapter 58 / Article 10 / Section 58-10-51
§ 58-10-51. Limitation on savings accounts
Status: in_force

There is no limit on the number and value of savings accounts an association may accept unless limits are fixed by its board of directors or by Section 67 of the Savings and Loan Act. Any association may refuse to accept deposits as it deems advisable.
N.M. Stat. § 61-3B-2 — NM Code / Chapter 61 / Article 3B / Section 61-3B-2
§ 61-3B-2. Definitions
Status: in_force

As used in the Lactation Care Provider Act:

A. “ applicant ” means an individual seeking a license to provide lactation care and services as a licensee pursuant to the Lactation Care Provider Act;

B. “ approved certification ” means certification as a lactation care provider conferred by a certification program accredited by any nationally or internationally recognized accrediting agency that is approved by the board and that establishes continuing education requirements;

C. “ board ” means the board of nursing;

D. “ lactation care and services ” means the clinical application of scientific principles and a multidisciplinary body of evidence for the evaluation, problem identification, treatment, education and consultation for the provision of lactation care and services to families, including:

(1) clinical lactation assessment through the systematic collection of subjective and objective data;

(2) analysis of data and creation of a plan of care;

(3) implementation of a lactation care plan with demonstration and instruction to parents and communication to primary health care providers;

(4) evaluation of outcomes;

(5) provision of lactation education to parents and health care providers; and

(6) recommendation and use of assistive devices;

E. “ license ” means a license to practice as a lactation care provider that the board issues pursuant to the Lactation Care Provider Act;

F. “ licensee ” means a lactation care provider licensed as a licensed lactation care provider pursuant to the Lactation Care Provider Act;

G. “ member ” means a member of the board; and

H. “ practice ” means a course of business in which lactation care and services are rendered or offered to any individual, family or group of two or more individuals.
N.M. Stat. § 75-5-3 — NM Code / Chapter 75 / Article 5 / Section 75-5-3
§ 75-5-3. Definitions
Status: in_force

As used in the Natural Lands Protection Act:

A. “committee” means the natural lands protection committee;

B. “unique and ecologically significant lands” are lands which:

(1) afford habitat for species listed as rare, threatened or endangered by the state or federal government; and

(2) are identified by the natural resources department as constituting the best remaining examples of native ecological communities that are otherwise unprotected; and

C. “corporation” means a New Mexico not-for-profit corporation whose primary purpose is the preservation and conservation of lands.