FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 61-14E-10 — NM Code / Chapter 61 / Article 14E / Section 61-14E-10
§ 61-14E-10. Fund established; disposition; method of payment
Status: in_force

A. There is created in the state treasury the “radiologic technology fund”.

B. All fees received by the department pursuant to the Medical Imaging and Radiation Therapy Health and Safety Act shall be deposited with the state treasurer. The state treasurer shall place the money to the credit of the radiologic technology fund.

C. Payments out of the radiologic technology fund shall be on vouchers issued and signed by the person designated by the department upon warrants drawn by the department of finance and administration and shall be used by the department for the purpose of meeting necessary expenses incurred in the enforcement of the purposes of the Medical Imaging and Radiation Therapy Health and Safety Act, the duties imposed by that act and the promotion of education and standards for medical imaging technology and radiation therapy in this state. All money unexpended or unencumbered at the end of the fiscal year shall remain in the radiologic technology fund for use in accordance with the provisions of the Medical Imaging and Radiation Therapy Health and Safety Act.
N.M. Stat. § 76-7D-3 — NM Code / Chapter 76 / Article 7D / Section 76-7D-3
§ 76-7D-3. Definitions
Status: in_force

As used in the Noxious Weed Management Act:

A. “ director ” means the director of the New Mexico department of agriculture;

B. “ landowner ” means a person who holds title to real property, is the holder of a right-of-way easement or is a designated land manager;

C. “ noxious weed ” means a plant species that is not indigenous to New Mexico and that has been targeted pursuant to the Noxious Weed Management Act for management or control because of its negative impact on the economy or the environment; and

D. “ public land ” means land controlled or supervised by an agency of government.
N.M. Stat. § 2-7F-35 — NM_STATUTES Code / Chapter 2 / Article 7F / Section 2-7F-35
§ 2-7F-35. Representative district twenty-nine
Status: in_force

Representative district twenty-nine is composed of Bernalillo county precincts 20, 24, 29, 57, 81, 110 through 113, 115, 118, 159, 160, 204 through 208, 227, 228, 609, 611, 612, 617, 622, 626, 632, 639, 648 through 650 and 652.
N.M. Stat. § 5-8-25 — NM_STATUTES Code / Chapter 5 / Article 8 / Section 5-8-25
§ 5-8-25. Information about plan available to public
Status: in_force

On or before the date of the first publication of the notice of the hearing on the capital improvements plan and impact fee, the plan shall be made available to the public.
N.M. Stat. § 62-17A-7 — NM Code / Chapter 62 / Article 17A / Section 62-17A-7
§ 62-17A-7. Community energy efficiency development block grant fund created; administration
Status: in_force

A. The “community energy efficiency development block grant fund” is created as a nonreverting fund in the state treasury. The fund consists of appropriations, gifts, grants and donations to the fund, federal funding for purposes consistent with the fund and income from investment of the fund; provided that federal funding allocated to the state for the federal weatherization assistance program pursuant to 42 U.S.C. Section 6863 or the federal low income home energy assistance program pursuant to 42 U.S.C. Sections 8621 through 8630 shall not be deposited in the fund without the written approval of the appropriate federal agency and the New Mexico mortgage finance authority. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of energy, minerals and natural resources or the secretary's authorized representative.

B. Money in the fund is subject to appropriation by the legislature to the department to carry out the purposes of the Community Energy Efficiency Development Block Grant Act, including the administrative costs of the department; provided that money in the fund that is derived from the federal government may be expended by the department without legislative authorization for any purpose that is consistent with the goal of reducing the energy burden of low-income persons or underserved communities as otherwise allowed by law, including carrying out the community energy efficiency development block grant program and the administrative costs of the department.
N.M. Stat. § 10-6-2 — NM_STATUTES Code / Chapter 10 / Article 6 / Section 10-6-2
§ 10-6-2. Temporary appointments
Status: in_force

The officer, agent, employee, board or other agency of the state of New Mexico, or of its departments, agencies, counties, municipalities or political subdivisions, who is by law authorized to fill ordinary vacancies in the public office or employment so temporarily abandoned as provided in Section 1 hereof is hereby authorized, empowered and directed to appoint to the public office or employment, so abandoned as provided in Section 1 hereof, another person who shall receive the salary and perform the duties thereof until, but only until, the former incumbent shall have been relieved from active duty in the armed services and shall have resumed the personal discharge of the duties of such public office or employment.
N.M. Stat. § 30-3-3 — NM Code / Chapter 30 / Article 3 / Section 30-3-3
§ 30-3-3. Assault with intent to commit a violent felony
Status: in_force

Assault with intent to commit a violent felony consists of any person assaulting another with intent to kill or commit any murder, mayhem, criminal sexual penetration in the first, second or third degree, robbery or burglary.

Whoever commits assault with intent to commit a violent felony is guilty of a third degree felony.
N.M. Stat. § 30-31-27.1 — NM Code / Chapter 30 / Article 31 / Section 30-31-27.1
§ 30-31-27.1. Overdose prevention; limited immunity
Status: in_force

A. A person who, in good faith, seeks medical assistance for someone experiencing an alcohol- or drug-related overdose shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the need for seeking medical assistance:

(1) the provisions of Section 30-31-23 NMSA 1978 or Subsection A of Section 30-31-25.1 NMSA 1978;

(2) a restraining order; or

(3) the conditions of probation or parole.

B. A person who experiences an alcohol- or drug-related overdose and is in need of medical assistance shall not be arrested, charged, prosecuted or otherwise penalized, nor shall the property of the person be subject to civil forfeiture, for violating any of the following if the evidence for the alleged violation was obtained as a result of the overdose and the need for seeking medical assistance:

(1) the provisions of Section 30-31-23 NMSA 1978 or Subsection A of Section 30-31-25.1 NMSA 1978;

(2) a restraining order; or

(3) the conditions of probation or parole.

C. The act of seeking medical assistance for someone who is experiencing an alcohol- or drug-related overdose may be used as a mitigating factor in a criminal prosecution pursuant to the Controlled Substances Act for which immunity is not provided pursuant to this section.

D. For the purposes of this section, “ seeking medical assistance ” means:

(1) reporting an alcohol- or drug-related overdose or other medical emergency to law enforcement, the 911 system or another emergency dispatch system, a poison control center or a health care provider; or

(2) assisting an individual who is reporting an alcohol- or drug-related overdose or providing care to an individual who is experiencing an alcohol- or drug-related overdose or other medical emergency while awaiting the arrival of a health care provider.
N.M. Stat. § 4-60-15 — NM Code / Chapter 4 / Article 60 / Section 4-60-15
§ 4-60-15. Limitation
Status: in_force

Nothing contained in the County Pollution Control Revenue Bond Act shall be construed as repealing or amending the Pollution Control Revenue Bond Act.
N.M. Stat. § 58-1-55 — NM Code / Chapter 58 / Article 1 / Section 58-1-55
§ 58-1-55. Capital structure; impairment of capital
Status: in_force

A. A state bank shall have such capital structure as the commissioner [director of the financial institutions division of the regulation and licensing department] shall deem adequate, except that no bank hereafter organized shall do business unless it shall have a bona fide minimum paid-up capital stock structure of at least, five hundred thousand dollars ($500,000), divided one-half to common capital and the remaining one-half to surplus and undivided profits. No bank shall pay a dividend on its common stock unless its remaining surplus after payment of such dividend equals twenty percent of the minimum common capital requirement. All banks heretofore or hereafter organized shall transfer at least a one-fifth part of their net profits, for the preceding accounting period, to their surplus fund until the same equals fifty percent of their common capital stock. When the surplus fund of a bank equals fifty percent of their common capital stock, there shall be added to the surplus fund each accounting period, ten percent of the net profits of the bank until the surplus fund is equal to the common capital stock, and such surplus shall thereafter be maintained unless impaired by unavoidable losses. This section shall not be construed to apply to trust companies.

B. Whenever the capital of any bank shall be impaired, it shall make no new loans or discounts.
N.M. Stat. § 3-21A-3 — NM_STATUTES Code / Chapter 3 / Article 21A / Section 3-21A-3
§ 3-21A-3. Manufactured housing; permissible regulations
Status: in_force

In the exercise of any of the powers and duties conferred by law, no governing body of a political subdivision of the state or any planning and zoning agency thereunder shall exclude multi-section manufactured homes from a specific-use district in which site-built, single-family housing is allowed or place more severe restrictions upon a multi-section manufactured home than are placed upon single-family, site-built housing within that specific-use district so long as the manufactured housing is built or constructed according to the Housing and Urban Development Zone Code II or the Uniform Building Code. The governing body of any political subdivision of the state or any planning and zoning agency thereunder is authorized to regulate manufactured housing to require that it meets all requirements other than original construction requirements of other single-family dwellings that are site-built homes in the same specific-use district and to further require by ordinance that such manufactured housing be consistent with applicable historic or aesthetic standards.
N.M. Stat. § 7-24-9 — NM Code / Chapter 7 / Article 24 / Section 7-24-9
§ 7-24-9. Definitions
Status: in_force

As used in the Local Liquor Excise Tax Act:

A. “alcoholic beverages” means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol, but excluding medicinal bitters;

B. “county” means a class B county having a population of more than fifty-six thousand but less than seventy-five thousand, according to the most recent federal decennial census or any subsequent decennial census and having a net taxable value for rate-setting purposes for the 1988 or any subsequent property tax year of more than five hundred million dollars ($500,000,000) but less than seven hundred million dollars ($700,000,000);

C. “department” means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

D. “governing body” means the board of county commissioners of a county;

E. “person” means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other association; “person” also means, to the extent permitted by law, any federal, state or other governmental unit or subdivision or agency, department or instrumentality thereof;

F. “price” means the total amount of money or the reasonable value of other consideration or both paid for alcoholic beverages, inclusive of the amount of any tax paid pursuant to the Liquor Excise Tax Act; 1 and

G. “retailer” means any person having a place of business within the county who sells, offers for sale or possesses for the purpose of selling alcoholic beverages within the county.
N.M. Stat. § 6-4-27 — NM Code / Chapter 6 / Article 4 / Section 6-4-27
§ 6-4-27. Excess extraction taxes suspense fund; transfer of excess oil and gas emergency school tax revenue; tax stabilization reserve; early childhood education and care fund; severance tax permanent fund
Status: in_force

A. The “excess extraction taxes suspense fund” is created as a nonreverting fund in the state treasury. Money in the fund shall only be used to make transfers by the department of finance and administration as required by this section.

B. At the end of each fiscal year, the department of finance and administration shall calculate and transfer the balance of the fund attributable to that fiscal year as follows:

(1) if in the current fiscal year the total net receipts attributable to the tax imposed pursuant to Section 7-31-4 NMSA 1978 and distributed pursuant to Section 7-1-6.20 NMSA 1978 exceed the annual average amount, the department shall distribute the excess amount above the annual average amount as follows:

(a) to the tax stabilization reserve, the amount necessary to bring the balance of state reserves to a level equal to twenty-five percent of the aggregate recurring appropriations for that fiscal year from the general fund, as determined by the department; provided that, if the balance in the excess extraction taxes suspense fund is not sufficient to meet that level, the entire balance shall be transferred to the tax stabilization reserve; and

(b) to the early childhood education and care fund, the balance of the excess amount above the annual average amount, if any, after the transfer is made pursuant to Subparagraph (a) of this paragraph; and

(2) the remaining balance of the fund, if any, shall be distributed to the severance tax permanent fund.

C. As used in this section:

(1) “ annual average amount ” means the total net receipts attributable to the tax imposed pursuant to Section 7-31-4 NMSA 1978 and distributed pursuant to Section 7-1-6.20 NMSA 1978 in the immediately preceding five fiscal years, divided by five; and

(2) “ state reserves ” means the general fund balances, as determined by the department of finance and administration, including all authorized revenues and transfers to the general fund and balances in the appropriation contingency fund, the general fund operating reserve, the state-support reserve fund and the tax stabilization reserve.
N.M. Stat. § 64-4-14 — NM Code / Chapter 64 / Article 4 / Section 64-4-14
§ 64-4-14. Disposition of fees
Status: in_force

A. Except as provided in Subsection B of this section, all fees collected under the provisions of the Aircraft Registration Act shall be remitted to the state treasurer by the division for credit to the state aviation fund.

B. Eighty percent of registration fees collected with respect to aircraft registered pursuant to Subsection B of Section 64-4-4 NMSA 1978 and that are located on airports owned by a local government shall be distributed to the local government. The fees so distributed shall be used by the local government for airport upgrades, including repair, reconstruction and maintenance of runways and related facilities. Local government funding to the airport shall not be replaced in whole or in part by this distribution.
N.M. Stat. § 24-1-13.2 — NM Code / Chapter 24 / Article 1 / Section 24-1-13.2
§ 24-1-13.2. Shaken baby syndrome prevention
Status: in_force

The department of health shall adopt rules, no later than December 31, 2017, requiring every hospital and freestanding birthing center to provide training and education to prevent shaken baby syndrome to every parent of every newborn before discharge of the newborn from the health facility. The rules shall require the health facility to maintain records to demonstrate compliance with this requirement and to report such information as the department deems appropriate regarding the training and education provided by such health facility. The department, in collaboration with the university of New Mexico health sciences center's department of pediatrics, shall approve training and instructional materials in both English and Spanish and shall include the use of shaken baby simulation dolls in the required curriculum.
N.M. Stat. § 58-13A-11 — NM Code / Chapter 58 / Article 13A / Section 58-13A-11
§ 58-13A-11. Investigations
Status: in_force

A. The director may make investigations, within or without this state, as he finds necessary or appropriate to:

(1) determine whether any person has violated, or is about to violate, any provision of the Model State Commodity Code or any rule or order of the director; or

(2) aid in enforcement of that code.

B. The director may publish information concerning any violation of the Model State Commodity Code or any rule or order of the director.

C. For purposes of any investigation or proceeding under the Model State Commodity Code, the director or any officer or employee designated by rule or order may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records which the director finds to be relevant or material to the inquiry.

D. (1) If a person does not give testimony or produce the documents required by the director or a designated employee pursuant to an administrative subpoena, the director or designated employee may apply for a court order compelling compliance with the subpoena or the giving of the required testimony.

(2) The request for order of compliance may be addressed to either:

(a) the district court for the county of Santa Fe or the district court where service may be obtained on the person refusing to testify or produce, if the person is within this state; or

(b) the appropriate court of the state having jurisdiction over the person refusing to testify or produce, if the person is outside this state.
N.M. Stat. § 7-5A-2 — NM_STATUTES Code / Chapter 7 / Article 5A / Section 7-5A-2
§ 7-5A-2. Legislative findings
Status: in_force

The legislature finds that a simplified sales tax and use tax system that treats transactions in a competitively neutral manner will strengthen and preserve sales taxes and use taxes as vital revenue sources for this state and its local governments and will help preserve the fiscal sovereignty of this state. The legislature also finds that such a system will substantially reduce the administrative burdens of collection for sellers. While states have the sovereign right to set their own tax policies, states should cooperatively develop a streamlined sales tax and use tax system that is simplified, uniform and fair.
N.M. Stat. § 12-2A-8 — NM_STATUTES Code / Chapter 12 / Article 2A / Section 12-2A-8
§ 12-2A-8. Prospective operation
Status: in_force

A statute or rule operates prospectively only unless the statute or rule expressly provides otherwise or its context requires that it operate retrospectively.
N.M. Stat. § 12-8A-8 — NM Code / Chapter 12 / Article 8A / Section 12-8A-8
§ 12-8A-8. Office of alternative dispute prevention and resolution; created; powers; duties
Status: in_force

A. The “office of alternative dispute prevention and resolution” is created as a bureau of the division.

B. In order to promote alternative dispute resolution, the office shall:

(1) organize and manage alternative dispute resolution programs for agencies, employees, vendors, businesses regulated by governmental entities and other interested parties;

(2) coordinate the use of neutral parties to facilitate alternative dispute resolution for interested parties and training for agency staff;

(3) implement development and use of alternative dispute resolution strategies;

(4) provide staff support for the council;

(5) maintain information and educate government officials about training and use of alternative dispute resolution and referrals; and

(6) prepare an annual report for review and presentation by the council on the use, cost and success of alternative dispute resolution programs.
N.M. Stat. § 72-5A-15 — NM Code / Chapter 72 / Article 5A / Section 72-5A-15
§ 72-5A-15. Non-exemption from prior appropriation doctrine
Status: in_force

Unless required by interstate obligations, nothing in the Ground Water Storage and Recovery Act shall be construed to exempt stored water from the provision that priority in time shall give the better right pursuant to Chapter 72 NMSA 1978 or priority of appropriation shall give the better right pursuant to Article 16, Section 2 of the constitution of New Mexico .
N.M. Stat. § 10-9-13.1 — NM_STATUTES Code / Chapter 10 / Article 9 / Section 10-9-13.1
§ 10-9-13.1. Legislative finding; purpose of act
Status: in_force

The legislature finds that residents of the state are a valuable resource in state employment because of their dedication and commitment to the state they live in. Therefore, the purpose of this act is to encourage residents to remain in the state rather than moving out of state because of unsatisfactory employment opportunities in New Mexico.
N.M. Stat. § 6-21-29 — NM_STATUTES Code / Chapter 6 / Article 21 / Section 6-21-29
§ 6-21-29. Severability
Status: in_force

If any part or application of the New Mexico Finance Authority Act is held invalid, the remainder or its application to other situations shall not be affected.
N.M. Stat. § 73-9-54 — NM Code / Chapter 73 / Article 9 / Section 73-9-54
§ 73-9-54. Determining and declaring result of election; recording certificate
Status: in_force

The board of directors shall name a day for canvassing the vote, and if it shall appear that a majority of said ballots contain the words, “For Dissolution-Yes,” then it shall be the duty of said board of directors to make and cause to be entered upon their records an order declaring said district to be dissolved and to certify a copy of said order to the county clerk of each county wherein any part of said district is situated. And clerks shall record all such certificates in the records of the respective counties. Should it appear that a majority of the votes cast at said election were “For Dissolution-No,” then the board of directors shall declare the proposition lost and shall cause the result to be made a part of the records of said irrigation district.
N.M. Stat. § 61-30-1 — NM Code / Chapter 61 / Article 30 / Section 61-30-1
§ 61-30-1. Short title
Status: in_force

Chapter 61, Article 30 NMSA 1978 may be cited as the “Real Estate Appraisers Act”.