FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 25-7B-5 — NM_STATUTES Code / Chapter 25 / Article 7B / Section 25-7B-5
§ 25-7B-5. Department; powers and duties
Status: in_force

A. The department is authorized and has the duty to execute any provisions of the Dairy Establishment Sanitation Act delegated to it under that act and specifically is directed to administer and enforce the provisions of regulations adopted pursuant to that act.

B. The director may appoint an advisory council composed of dairy experts to assist in carrying out the objectives of the Dairy Establishment Sanitation Act.
N.M. Stat. § 61-23-2 — NM Code / Chapter 61 / Article 23 / Section 61-23-2
§ 61-23-2. Declaration of policy
Status: in_force

The legislature declares that it is a matter of public safety, interest and concern that the practices of engineering and surveying merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practices of engineering and surveying. In order to safeguard life, health and property and to promote the public welfare, any person in either public or private capacity practicing or offering to practice engineering or surveying shall be required to submit evidence that the person is qualified to so practice and shall be licensed as provided in the Engineering and Surveying Practice Act. It is unlawful for any person to practice, offer to practice, engage in the business, act in the capacity of, advertise or use in connection with the person's name or otherwise assume, use or advertise any title or description tending to convey the impression that the person is a professional, licensed engineer or surveyor unless that person is licensed or exempt under the provisions of the Engineering and Surveying Practice Act. A person who engages in the business or acts in the capacity of an engineer or surveyor in New Mexico, except as otherwise provided in Sections 61-23-22 and 61-23-27.10 NMSA 1978 , with or without a New Mexico license, has thereby submitted to the jurisdiction of the state and to the administrative jurisdiction of the board and is subject to all penalties and remedies available for a violation of any provision of Chapter 61, Article 23 NMSA 1978 . The practice of engineering or surveying shall be deemed a privilege granted by the board based on the qualifications of the individual as evidenced by the licensee's certificate, which shall not be transferable.
N.M. Stat. § 59A-18-18 — NM Code / Chapter 59A / Article 18 / Section 59A-18-18
§ 59A-18-18. Charter, bylaw provisions
Status: in_force

No policy shall contain any provision purporting to make any portion of the charter, bylaws or other constituent document of the insurer (other than the subscriber's agreement or power of attorney of a reciprocal insurer) a part of the contract unless such portion is set forth in full in the policy.
N.M. Stat. § 7-4-3 — NM_STATUTES Code / Chapter 7 / Article 4 / Section 7-4-3
§ 7-4-3. Allocation and apportionment of income in general
Status: in_force

Except as otherwise provided by law any taxpayer having income which is taxable both within and without this state, other than the rendering of purely personal services by an individual shall allocate and apportion his net income as provided in the Uniform Division of Income for Tax Purposes Act.
N.M. Stat. § 30-32-3 — NM Code / Chapter 30 / Article 32 / Section 30-32-3
§ 30-32-3. Arrest for violations
Status: in_force

All peace officers of the state, including department of game and fish conservation officers, have the power to make arrests on warrant issued by any magistrate of the state for violation of any of the state forest fire laws, including Chapter 68, Article 2 NMSA 1978 , rules implementing Chapter 68, Article 2 NMSA 1978 or fire restrictions issued pursuant to such rules, or without warrant for violations of those laws committed in their presence, and shall not be liable to civil action for trespass for acts done in the discharge of their duties.
N.M. Stat. § 22-10A-11.2 — NM Code / Chapter 22 / Article 10A / Section 22-10A-11.2
§ 22-10A-11.2. Deaf and hard-of-hearing teachers; alternative licensure assessment; saving provision
Status: in_force

A. A person who has a degree from an accredited teacher education program and who is deaf or hard of hearing may elect to demonstrate competency for a level one, two or three license through a portfolio assessment in lieu of all or part of the New Mexico teacher assessment. A person who is deaf or hard of hearing may apply for a lower level of licensure if the person's portfolio assessment does not qualify the person for a higher level. The department shall promulgate rules on the requirements for the portfolio assessment and for who is eligible for licensure pursuant to this section. The department shall provide a process for portfolio review that includes the designation of a review committee consisting of:

(1) a teacher of deaf and hard-of-hearing students;

(2) a sign language interpreter;

(3) a school administrator from the New Mexico school for the deaf;

(4) the parent of a deaf or hard-of-hearing student;

(5) a deaf or hard-of-hearing teacher, if one is available; and

(6) other appropriate persons as determined by the department.

B. Until the rules have been effective for a period deemed sufficient by the department for a deaf or hard-of-hearing person to submit a portfolio, any eligible deaf or hard-of-hearing person who has a degree from an accredited teacher education program shall be granted a temporary teaching license for the level of licensure for which the person will likely qualify when the person's portfolio is submitted to the department. The temporary teaching license shall be effective for no longer than two school years.
N.M. Stat. § 22-19B-5 — NM Code / Chapter 22 / Article 19B / Section 22-19B-5
§ 22-19B-5. Bond anticipation note details
Status: in_force

A. Bond anticipation notes shall be authorized by resolution of the local school board and may be issued in such denominations as determined by the local school board.

B. Bond anticipation notes shall mature no later than one year from the date of issuance. The local school board shall covenant in the resolution authorizing the issuance of the bond anticipation notes to issue general obligation bonds in an amount necessary to retire the bond anticipation notes.

C. The annual interest rate and yield on the bond anticipation notes shall be stated in the resolution that authorizes the issuance of the bond anticipation notes; provided that the maximum net effective interest rate on bond anticipation notes shall not exceed ten percent a year.

D. Bond anticipation notes may be sold at, above or below par at a public sale, in a negotiated sale or to the New Mexico finance authority.
N.M. Stat. § 7-27-12.2 — NM Code / Chapter 7 / Article 27 / Section 7-27-12.2
§ 7-27-12.2. Supplemental severance tax bonds; public school capital outlay and other projects
Status: in_force

A. The public school capital outlay council is authorized to certify by resolution that proceeds of supplemental severance tax bonds are needed for expenditures relating to public school capital outlay projects pursuant to the Public School Capital Outlay Act 1 or for the state distribution for public school capital improvements pursuant to the Public School Capital Improvements Act. 2 The resolution shall specify the total amount needed.

B. The state board of finance may issue and sell supplemental severance tax bonds in compliance with the Severance Tax Bonding Act when the public school capital outlay council certifies by resolution the need for the issuance of the bonds or when the secretary of public education certifies the need for the issuance of the bonds pursuant to Section 22-24-4 NMSA 1978 or Section 3 of this 2016 act. The amount of the bonds sold at each sale shall not exceed the lesser of:

(1) the total of the amounts certified by the council and the secretary of public education; or

(2) the amount that may be issued pursuant to the restrictions of Section 7-27-14 NMSA 1978 .

C. The state board of finance shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible.

D. The proceeds from the sale of the bonds are appropriated as follows:

(1) the amount certified by the secretary of public education as necessary to make the distribution pursuant to Section 22-25-9 NMSA 1978 is appropriated to the public school capital improvements fund for the purpose of carrying out the provisions of the Public School Capital Improvements Act; and

(2) the remainder of the proceeds is appropriated to the public school capital outlay fund for the purpose of carrying out the provisions of the Public School Capital Outlay Act.
N.M. Stat. § 59A-22-21 — NM Code / Chapter 59A / Article 22 / Section 59A-22-21
§ 59A-22-21. Insurance with other insurance companies; alternative provision
Status: in_force

As an alternative to the provision set out in Section 441 of this article, there may be a provision as follows:

If there be other valid coverage, not with this insurance company, providing benefits for the same loss on other than an expense incurred basis and of which this insurance company has not been given written notice prior to the occurrence or commencement of loss, the only liability for such benefits under this policy shall be for such proportion of the indemnities otherwise provided hereunder for such loss as the like indemnities of which the insurance company had notice (including the indemnities under this policy) bear to the total amount of all like indemnities for such loss and for the return of such portion of the premium paid as shall exceed the pro rata portion for the indemnities thus determined.

(If the foregoing policy provision is included in a policy which also contains the next preceding policy provision there shall be added to the caption of the foregoing provision of the phrase “․․․․․․․․․․ OTHER BENEFITS.” The insurance company may, at its option, include in this provision a definition of “other valid coverage,” approved as to form by the superintendent, which definition shall be limited in subject matter to coverage provided by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, and to any other coverage the inclusion of which may be approved by the superintendent. In the absence of such definition such term shall not include group insurance, or benefits provided by union welfare plans or by employer or employee benefit organizations. For the purpose of applying the foregoing policy provision with respect to any insured, any amount of benefits provided for such insured pursuant to any compulsory benefit statute (including any workmen's compensation or employer's liability statute) whether provided by a governmental agency or otherwise shall in all cases be deemed to be “other valid coverage” of which the insurance company has had notice. In applying the foregoing policy provision no third party liability coverage shall be included as “other valid coverage.”)
N.M. Stat. § 59A-46-35 — NM Code / Chapter 59A / Article 46 / Section 59A-46-35
§ 59A-46-35. Provider discrimination prohibited
Status: in_force

No class of licensed individual providers willing to meet the terms and conditions offered by a health maintenance organization shall be excluded from a health maintenance organization. For purposes of this section, “ providers ” means those persons licensed pursuant to:

A. the Optometry Act; 1

B. Section 61-3-23.2 NMSA 1978;

C. the Chiropractic Physician Practice Act; 2

D. the Dental Health Care Act; 3

E. the Medical Practice Act; 4

F. the Podiatry Act; 5

G. the Professional Psychologist Act; 6

H. Chapter 61, Article 10 NMSA 1978; or

I. the Pharmacy Act. 7
N.M. Stat. § 9-15-54 — NM Code / Chapter 9 / Article 15 / Section 9-15-54
§ 9-15-54. Minority business assistance program; department duties and powers
Status: in_force

A. The department shall develop and implement a minority business assistance program to facilitate the entrance of minority businesses, located throughout the state, into the marketplace. As part of the development and implementation of the program, the department, in collaboration with the labor department, shall:

(1) develop a process to define and identify minority businesses that may benefit from additional assistance and training in the areas of general business practices, accounting principles, business ethics, technical expertise, marketing and government procurement;

(2) develop a registry of well-established businesses, individuals within those businesses, retirees and other persons that have the expertise and skills that may be needed by minority businesses and that have expressed a desire to volunteer as a mentor or otherwise to assist minority businesses;

(3) develop an outreach and marketing program so that minority businesses may become aware of the assistance available and so that needed, experienced individuals are aware of the opportunity to mentor and assist minority businesses;

(4) develop training materials and in-house training expertise; and

(5) create a mentorship program in which employees or agents of the department or volunteers with business experience will visit minority businesses for the purpose of training, mentoring, advising and otherwise assisting the minority businesses in the development or improvement of general business practices, accounting principles, business ethics, technical expertise, marketing and government procurement.

B. In performing its duties under the Minority Business Assistance Act, the department may:

(1) to the extent money has been appropriated for such purposes, develop a grant program for minority businesses to acquire the expertise necessary to compete effectively; and

(2) do all other things necessary and proper to effectuate the purpose of the Minority Business Assistance Act.

C. All state agencies shall cooperate with the department in carrying out the provisions of the Minority Business Assistance Act and shall, as the opportunity arises, assist minority businesses and encourage other businesses and individuals to register as volunteers under that act.
N.M. Stat. § 74-3-11.1 — NM Code / Chapter 74 / Article 3 / Section 74-3-11.1
§ 74-3-11.1. Enforcement; compliance orders; civil penalties
Status: in_force

A. When, on the basis of any information, the secretary determines that a person has violated or is violating a requirement or prohibition set forth in the Radiation Protection Act, a regulation promulgated pursuant to that act or a condition of a license or registration issued pursuant to that act, the secretary may:

(1) issue a compliance order stating with reasonable specificity the nature of the violation and requiring compliance immediately or within a specified time period, or assessing a civil penalty for a past or current violation, or both. The secretary may commence an action in the appropriate district court to enforce an order; or

(2) commence a civil action in district court for appropriate relief, including injunctive relief.

B. An order issued pursuant to Subsection A of this section may include a suspension or revocation of a license or registration, or portion thereof, issued by the secretary. A penalty assessed in the order shall not exceed fifteen thousand dollars ($15,000) per day for each violation in the order. If a person named in an order fails to comply with the order, the secretary may assess a civil penalty in an amount not to exceed fifteen thousand dollars ($15,000) per day for each violation of the order.

C. In determining the amount of a penalty to be assessed pursuant to this section, the secretary shall take into account the seriousness of the violation, any good-faith efforts to comply with the applicable requirements and any other relevant factors.

D. An order issued pursuant to the provisions of Subsection A of this section shall become final unless, no later than thirty days after the order is served, the person named in the order submits a written request to the secretary for a public hearing. The secretary shall appoint an independent hearing officer to preside over the public hearing. The hearing officer shall make and preserve a complete record of the proceedings and forward a recommendation based on the proceedings to the secretary. The secretary shall make a final decision.

E. In connection with any proceeding pursuant to this section, the secretary may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books and documents. The secretary may also adopt rules for discovery procedures.

F. Penalties collected pursuant to an administrative order issued pursuant to this section shall be deposited in the state general fund.
N.M. Stat. § 11-6A-2 — NM_STATUTES Code / Chapter 11 / Article 6A / Section 11-6A-2
§ 11-6A-2. Definitions
Status: in_force

As used in the Local DWI Grant Program Act:

A. “council” means the DWI grant council; and

B. “division” means the local government division of the department of finance and administration.
N.M. Stat. § 30-9-12 — NM_STATUTES Code / Chapter 30 / Article 9 / Section 30-9-12
§ 30-9-12. Criminal sexual contact
Status: in_force

A. Criminal sexual contact is the unlawful and intentional touching of or application of force, without consent, to the unclothed intimate parts of another who has reached his eighteenth birthday, or intentionally causing another who has reached his eighteenth birthday to touch one's intimate parts.

B. Criminal sexual contact does not include touching by a psychotherapist on his patient that is:

(1) inadvertent;

(2) casual social contact not intended to be sexual in nature; or

(3) generally recognized by mental health professionals as being a legitimate element of psychotherapy.

C. Criminal sexual contact in the fourth degree consists of all criminal sexual contact perpetrated:

(1) by the use of force or coercion that results in personal injury to the victim;

(2) by the use of force or coercion when the perpetrator is aided or abetted by one or more persons; or

(3) when the perpetrator is armed with a deadly weapon.

Whoever commits criminal sexual contact in the fourth degree is guilty of a fourth degree felony.

D. Criminal sexual contact is a misdemeanor when perpetrated with the use of force or coercion.

E. For the purposes of this section, “intimate parts” means the primary genital area, groin, buttocks, anus or breast.
N.M. Stat. § 14-5-2 — NM_STATUTES Code / Chapter 14 / Article 5 / Section 14-5-2
§ 14-5-2. Definitions
Status: in_force

As used in the Public Records Recovery Act:

A. “public officer” means any officer or employee of the legislative, executive or judicial departments of the state or any of its agencies, and any officer or employee of any of the political subdivisions of the state, who is the official custodian of any public record or class of public records; and

B. “public record” means all instruments and documents duly recorded in the records of the county clerk, district court or probate court, which affect interest in real property.
N.M. Stat. § 20-11-3 — NM Code / Chapter 20 / Article 11 / Section 20-11-3
§ 20-11-3. Interference with enrolling officer; penalty
Status: in_force

Any person who shall wilfully obstruct an enrolling or enlisting officer in the performance of his duty is guilty of a misdemeanor.
N.M. Stat. § 24-6B-13 — NM_STATUTES Code / Chapter 24 / Article 6B / Section 24-6B-13
§ 24-6B-13. Delivery of document of gift not required; right to examine
Status: in_force

A. A document of gift need not be delivered during the donor's lifetime to be effective.

B. Upon or after an individual's death, a person in possession of a document of gift or a refusal to make an anatomical gift with respect to the individual shall allow examination and copying of the document of gift or refusal by a person authorized to make or object to the making of an anatomical gift with respect to the individual or by a person to which the gift could pass pursuant to Section 11 of the Jonathan Spradling Revised Uniform Anatomical Gift Act.
N.M. Stat. § 14-3-16 — NM Code / Chapter 14 / Article 3 / Section 14-3-16
§ 14-3-16. Attorney general may replevin state records
Status: in_force

On behalf of the state and the administrator, the attorney general may replevin any papers, books, correspondence or other public records which were formerly part of the records or files of any public office in the territory or state of New Mexico, and which the state still has title to or interest in and which have passed out of the official custody of the state, its agencies or instrumentalities.
N.M. Stat. § 22-13-25 — NM_STATUTES Code / Chapter 22 / Article 13 / Section 22-13-25
§ 22-13-25. Academic competitions
Status: in_force

Each public school in each conference shall provide academic competitions similar to its athletic competitions. A student who participates in an academic competition shall qualify for an academic letter in the subject in which he competes. Academic competitions between schools shall be governed by the New Mexico activities association.
N.M. Stat. § 5-16-11 — NM_STATUTES Code / Chapter 5 / Article 16 / Section 5-16-11
§ 5-16-11. Notice; opportunity for comment
Status: in_force

At least seven business days prior to a regularly scheduled meeting, the board shall make available to the public written or electronic notice of the time and agenda of the meeting. The board shall designate during each meeting a public comment period and shall offer the public an opportunity to comment.
N.M. Stat. § 22-5A-4 — NM_STATUTES Code / Chapter 22 / Article 5A / Section 22-5A-4
§ 22-5A-4. Notices required
Status: in_force

A school shall conspicuously post notices on school grounds stating that possession and consumption of alcoholic beverages is prohibited on school grounds.
N.M. Stat. § 1-8-15 — NM_STATUTES Code / Chapter 1 / Article 8 / Section 1-8-15
§ 1-8-15. Primary Election Law; proclamation; duties of county clerk
Status: in_force

Upon receipt of the authenticated copy of the proclamation, the county clerk shall immediately specify the offices for which each major political party may nominate candidates and have the itemized proclamation published once each week for two consecutive weeks. If there is no newspaper of general circulation in the county, the proclamation shall be printed and posted in six public places in the county. Such publication and posting shall be in Spanish and in English.
N.M. Stat. § 7-1-72.1 — NM Code / Chapter 7 / Article 1 / Section 7-1-72.1
§ 7-1-72.1. Civil penalty; willful attempt to cause evasion of another's tax
Status: in_force

Any person other than the taxpayer who willfully causes or attempts to cause the evasion of a taxpayer's obligation to report and pay tax may be assessed a civil penalty in an amount equal to the amount of the tax, penalty and interest attempted to be evaded.
N.M. Stat. § 44-3-3 — NM Code / Chapter 44 / Article 3 / Section 44-3-3
§ 44-3-3. Name of private relator to be shown
Status: in_force

When an action shall be brought by the attorney general or district attorney by virtue of this chapter, on the relation or information of a person or persons, having an interest in the question, the name of such person shall be joined with the state as relator.
N.M. Stat. § 14-13-12 — NM Code / Chapter 14 / Article 13 / Section 14-13-12
§ 14-13-12. Instrument needs no acknowledgment in absence of statutory requirement
Status: in_force

An acknowledgment of an instrument of writing shall not be necessary to its execution unless expressly so provided by statute.