FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 59A-5-10 — NM Code / Chapter 59A / Article 5 / Section 59A-5-10
§ 59A-5-10. Certificate of authority required; penalty
Status: in_force

A. No person shall act as an insurer, and no insurer shall transact insurance in this state by direct solicitation or solicitation through the mails or otherwise, unless so authorized by a subsisting certificate of authority issued by the superintendent, except as to such transactions as are expressly otherwise provided for in the Insurance Code.

B. No insurer from offices or by personnel or facilities located in this state shall solicit insurance applications or otherwise transact insurance in another state or country unless it holds a subsisting certificate of authority granted by the superintendent authorizing it to transact the same kind or kinds of insurance in this state. As to domestic insurers, this provision is further subject to Section 579 (unauthorized business in other states) of the Insurance Code.

C. Any officer, director, agent, representative or employee of any insurer who wilfully authorizes, negotiates, makes or issues any insurance contract in violation of this section commits a misdemeanor, subject on conviction to a fine of not over one thousand dollars ($1,000).
N.M. Stat. § 31-4-18 — NM_STATUTES Code / Chapter 31 / Article 4 / Section 31-4-18
§ 31-4-18. Forfeiture of bail
Status: in_force

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
N.M. Stat. § 31-3-12 — NM_STATUTES Code / Chapter 31 / Article 3 / Section 31-3-12
§ 31-3-12. Availability of global positioning system data on defendants on pretrial release
Status: in_force

Any public entity that possesses or controls global positioning system data with respect to a defendant on pretrial release shall make that data available without a warrant to a law enforcement officer pursuant to an ongoing and pending criminal investigation for which there is reasonable suspicion to believe the data will be probative. Any data provided to the law enforcement officer shall be limited to data that relates to the criminal investigation and is not more than one year old. The data shall not be made a part of any public record unless admitted as evidence during a criminal trial. The law enforcement officer may request immediate access to the data if it involves an investigation of:

A. any of the following serious violent felony offenses:

(1) murder in the first degree;

(2) first or second degree felony human trafficking of a child;

(3) first degree felony abuse of a child;

(4) sexual exploitation of a child constituting at least a second degree felony; or

(5) a serious violent felony offense as provided in Subparagraphs (a) through (n) of Paragraph (4) of Subsection L of Section 33-2-34 NMSA 1978;

B. a felony offense during which a firearm was brandished pursuant to Section 31-18-16 NMSA 1978 or during which a firearm was discharged; or

C. a felony offense during which great bodily harm was inflicted as defined in Section 30-1-12 NMSA 1978 or that caused the death of a person.
N.M. Stat. § 17-1-8 — NM Code / Chapter 17 / Article 1 / Section 17-1-8
§ 17-1-8. Qualifications of reserve conservation officers
Status: in_force

Reserve conservation officer commissions shall be issued only to the following:

A. persons who have successfully completed a school of at least twenty-five hours, conducted by the department of game and fish, covering procedures and techniques of wildlife management, law enforcement, public relations and such other subjects as may be deemed desirable by the department of game and fish.

B. the director may substitute a minimum of six months experience as an employee of a state or federal conservation agency or a state livestock law enforcement board in lieu of the aforementioned schooling. Any substitution made under the provisions of this paragraph shall be limited to personnel currently employed by one of the aforementioned conservation agencies. Any appointments the director may make under the provisions of this paragraph will terminate automatically with the termination of employment by said agency of the individual so appointed or the individual's transfer from the state.
N.M. Stat. § 25-1-15 — NM_STATUTES Code / Chapter 25 / Article 1 / Section 25-1-15
§ 25-1-15. Pet dogs in outdoor dining areas; requirements
Status: in_force

A. A food service establishment may allow pet dogs in designated outdoor dining areas of the establishment if the following requirements are met:

(1) no pet dog shall be allowed in any area where food is prepared;

(2) patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control;

(3) pet dogs shall not be allowed on chairs, tables or other furnishings; and

(4) a sign or signs shall be posted to place the public on notice that the designated outdoor dining area is available for the use of patrons with pet dogs. Signs shall be at a minimum eight and one-half inches by eleven inches in size and use type that is uniform in size and no smaller than necessary to fill the sign to within two inches of the borders. The signs shall contain language reasonably designed to inform the public that dogs are permitted and may be present. Signs shall be posted prominently and be easily visible in both the area where dogs are permitted and at the entrance of the establishment. The board shall promulgate by rule the specific language to be included in the signs pursuant to Section 74-1-9 NMSA 1978 .

B. Employees shall:

(1) wash their hands immediately after touching, petting or otherwise handling pet dogs; and

(2) immediately clean up accidents involving pet waste and sanitize the area.

C. A food service establishment may in its discretion prohibit pet dogs in outdoor dining areas. If a food service establishment allows pet dogs in a designated outdoor dining area, the food service establishment shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant.
N.M. Stat. § 39-4A-5 — NM Code / Chapter 39 / Article 4A / Section 39-4A-5
§ 39-4A-5. Stay
Status: in_force

A. If the judgment debtor shows the district court that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.

B. If the judgment debtor shows the district court sufficient grounds upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction that is required in this state.
N.M. Stat. § 61-12A-20 — NM Code / Chapter 61 / Article 12A / Section 61-12A-20
§ 61-12A-20. Fund created
Status: in_force

A. The “board of examiners for occupational therapy fund” is created in the state treasury.

B. Money received by the board pursuant to the Occupational Therapy Act shall be deposited in the fund. Money in the fund shall not revert to the general fund at the end of any fiscal year.

C. Money in the fund is appropriated solely to the board for the purpose of meeting the necessary expenses incurred in carrying out the provisions of the Occupational Therapy Act.
N.M. Stat. § 21-21P-6 — NM_STATUTES Code / Chapter 21 / Article 21P / Section 21-21P-6
§ 21-21P-6. Scholarship authorized; administration; preference in scholarship awards
Status: in_force

A. The department shall administer the Grow Your Own Teachers Act and shall promulgate rules to carry out the provisions of that act. The department shall consult the public education department any time the department promulgates rules relating to the Grow Your Own Teachers Act.

B. Scholarships shall be awarded to qualified school employees. Qualifications shall be determined by rule of the department.

C. The department shall allocate money to public post-secondary educational institutions based on a student need formula calculated according to income reported on the free application for federal student aid and on the number of students enrolled in each public education department-approved teacher preparation program at a New Mexico public post-secondary educational institution.

D. Public post-secondary educational institutions shall make awards to qualifying eligible students based on financial need in an amount not to exceed six thousand dollars ($6,000) per year for not more than five years as determined by rule of the department.

E. Money for the scholarship shall be placed in an account at the public post-secondary educational institution in the name of the school employee, and the money may be drawn upon to pay educational expenses charged by the institution, including tuition, fees, books and course supplies.
N.M. Stat. § 22-5-9 — NM Code / Chapter 22 / Article 5 / Section 22-5-9
§ 22-5-9. Local school board vacancies
Status: in_force

A. A vacancy occurring in the membership of a local school board shall be filled at an open meeting, at which a quorum of the membership is present, by a majority vote of the remaining members appointing a qualified elector to fill the vacancy.

B. A qualified elector appointed to fill a vacancy occurring in the membership of a local school board shall hold that office until the next regular school district election when an election shall be held to fill the vacancy for the unexpired term.

C. If a qualified elector is not appointed to fill the vacancy within forty-five days from the date the vacancy occurred, the department shall appoint a qualified elector to fill the vacancy until the next regular school district election.

D. In the event vacancies occur in a majority of the full membership of a local school board, the department shall appoint qualified electors to fill the vacancies. Those persons appointed shall hold office until the next regular school district election when an election shall be held to fill the vacancies for the unexpired terms.
N.M. Stat. § 6-2-1 — NM_STATUTES Code / Chapter 6 / Article 2 / Section 6-2-1
§ 6-2-1. Examination of parties; oath; compelling testimony
Status: in_force

The secretary of finance and administration or the director of the financial control division, whenever he may think it necessary to the proper settlement of any account, may examine the parties, witnesses and others on oath or affirmation, touching any matter material to be known in the settlement of such account, and for that purpose he may issue subpoenas and compel witnesses to attend before him and give evidence in the same manner as courts of law may do, and he is hereby authorized to administer all such oaths or affirmations.
N.M. Stat. § 30-9-1 — NM Code / Chapter 30 / Article 9 / Section 30-9-1
§ 30-9-1. Enticement of child
Status: in_force

Enticement of child consists of:

A. enticing, persuading or attempting to persuade a child under the age of sixteen years to enter any vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 of the Criminal Code; or

B. having possession of a child under the age of sixteen years in any vehicle, building, room or secluded place with intent to commit an act which would constitute a crime under Article 9 of the Criminal Code.

Whoever commits enticement of child is guilty of a misdemeanor.
N.M. Stat. § 24-1-9 — NM_STATUTES Code / Chapter 24 / Article 1 / Section 24-1-9
§ 24-1-9. Capacity to consent to examination, preventive care and treatment for a sexually transmitted infection
Status: in_force

Any person regardless of age has the capacity to consent to an examination, preventive care and treatment by a licensed health care provider for any sexually transmitted infection.
N.M. Stat. § 21-8-36 — NM Code / Chapter 21 / Article 8 / Section 21-8-36
§ 21-8-36. Activities of center
Status: in_force

The center for broadcasting and international communications:

A. may establish educational television programs to serve individual viewers, educational institutions and public educational programs in the southern region of the state as well as the adjoining area of Mexico;

B. may develop, produce and distribute bilingual television materials;

C. shall cooperate with all other existing educational television facilities in the state to accomplish the most efficient use of any public funds made available for educational television services; and

D. may enter into contracts and be the recipient of federal or other funds for the purpose of carrying out the activities enumerated in this section.
N.M. Stat. § 3-25-2 — NM_STATUTES Code / Chapter 3 / Article 25 / Section 3-25-2
§ 3-25-2. Gas or geothermal utility; authorization to acquire; charges
Status: in_force

A. A municipality may, if a satisfactory supply is not otherwise obtainable as determined, by ordinance, acquire and operate natural gas or geothermal energy facilities for the distribution of natural gas or heat.

B. A municipality owning and operating a gas utility shall measure the gas used by the person receiving the service by volume or energy content.

C. A municipality owning and operating a geothermal utility shall measure the heat used by the person receiving the service by fluid volume and temperature or energy content.
N.M. Stat. § 1-24-5 — NM Code / Chapter 1 / Article 24 / Section 1-24-5
§ 1-24-5. Special election procedures; costs of election; prohibition on nongovernmental entities
Status: in_force

A. The costs of conducting a special election shall be paid for by the state or local public body calling for the election.

B. When the proclamation is issued by:

(1) the secretary of state, the state shall pay all costs of the special election, including reasonable costs incurred by each county clerk; and

(2) a local public body:

(a) unless the local public body has made appropriate arrangements with the county clerk by means of a written memorandum of understanding or has provided the county clerk with written documentation that the local public body has made arrangements for payment with an election vendor, the local public body shall deposit the estimated actual amount for all costs associated with the conduct of the special local election with the county clerk no later than forty-nine days before the special local election; and if multiple local public bodies jointly conduct a special local election, each local public body shall post a pro rata share of the estimated actual cost of conducting the special local election;

(b) a county clerk may refuse to print or mail ballots for a special local election if the estimated actual cost of the election has not been deposited with the county clerk no later than forty-nine days before the special local election and the local public body has not made appropriate arrangements with the county clerk by means of a written memorandum of understanding;

(c) within sixty days following the special local election, the county clerk shall provide an accounting of expenses along with a refund for any funds not expended or a bill for the remainder of the expenses to be paid by the local public body within ninety days following the special local election; and

(d) the secretary of state shall maintain current on the secretary's website guidance for calculating the estimated actual cost of a special local election.

C. No individual, corporation, person, political action committee or other nongovernmental entity shall pay for or reimburse the state or a local public body for the costs associated with conducting a special election. Upon a finding of a violation of this subsection, the district court shall nullify the votes cast in the special election and shall void the result of the special election.
N.M. Stat. § 3-31-12 — NM Code / Chapter 3 / Article 31 / Section 3-31-12
§ 3-31-12. Refunding revenue bonds; foreclosure of mortgage
Status: in_force

A. If any municipality which has granted a mortgage of the municipal utility to a trustee or the holder of the refunding bonds as further assurance of paying the refunding revenue bonds, defaults in payment of the interest or serial maturity of the refunding revenue bonds, the holder of the refunding revenue bonds or trustee to whom the municipal utility has been conveyed by mortgage may foreclose the mortgage against the municipality in the same manner a real estate mortgage is foreclosed. The district court may appoint a receiver to operate the municipal utility during the default period.

B. In the event the mortgage is foreclosed, the governing body shall grant a franchise to the receiver or to the subsequent purchaser upon sale by foreclosure. The franchise shall:

(1) be upon reasonable terms and conditions under which the public utility shall be privately operated;

(2) be for a period of twenty-five years or a less number of years if satisfactory to the trustee or holder of the revenue bonds; and

(3) be subject to the approval of the district court or any other state agency which has jurisdiction.
N.M. Stat. § 10-12B-12 — NM_STATUTES Code / Chapter 10 / Article 12B / Section 10-12B-12
§ 10-12B-12. Early retirement
Status: in_force

A. Any member who initially became a member prior to July 1, 2005 and has not less than eighteen years of service credit may elect to retire at any time between age fifty and age sixty and receive a monthly pension that is one-twelfth of the following formula:

Salary received during the

Number of years between

last full year in office

X .7 + (.005 X

age fifty and the age

prior to retirement

at retirement).

B. The provisions of the Public Employees Retirement Reciprocity Act and the provisions of the Judicial Retirement Act regarding cost-of-living adjustments shall apply to the provisions of this section.
N.M. Stat. § 39-4D-8 — NM Code / Chapter 39 / Article 4D / Section 39-4D-8
§ 39-4D-8. Stay of proceedings pending appeal of foreign-country judgment
Status: in_force

If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires or the party appealing has had sufficient time to prosecute the appeal and has failed to do so.
N.M. Stat. § 68-2-9 — NM Code / Chapter 68 / Article 2 / Section 68-2-9
§ 68-2-9. Penalty for obstruction
Status: in_force

Any person obstructing the access of the forestry division of the energy, minerals and natural resources department or the division's agents to lands, as provided in Section 68-2-8 NMSA 1978 , is guilty of a misdemeanor and upon conviction may be sentenced to not less than thirty days nor more than ninety days in the county jail or fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or both such imprisonment and fine.
N.M. Stat. § 61-13-10 — NM Code / Chapter 61 / Article 13 / Section 61-13-10
§ 61-13-10. Licensure by examinations by board
Status: in_force

A. Upon investigation of the application and other evidence submitted, the board shall, not less than thirty days prior to any scheduled examination, notify each applicant that the application and evidence submitted is satisfactory or unsatisfactory and rejected. If rejected, the notice shall state the reasons for rejection.

B. Examinations shall be held at least twice each year at such a time and place as the board may determine, and at other times as in the opinion of the board the number of applicants for licensure warrants.

C. The board shall administer the national standards examination in a manner specified by the national examination service with which it contracts.
N.M. Stat. § 6-25-29 — NM_STATUTES Code / Chapter 6 / Article 25 / Section 6-25-29
§ 6-25-29. Temporary provision; fund name change; outstanding bonds; fund balances
Status: in_force

Nothing in this act shall be deemed to impair economic development bonds or loan participations outstanding on the effective date of this act. The economic development revolving fund is the new name for the statewide loan participation fund and is not a new fund created by this act.
N.M. Stat. § 39-4D-6 — NM Code / Chapter 39 / Article 4D / Section 39-4D-6
§ 39-4D-6. Procedure for recognition of foreign-country judgment
Status: in_force

A. If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.

B. If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim or affirmative defense.
N.M. Stat. § 5-15B-4 — NM Code / Chapter 5 / Article 15B / Section 5-15B-4
§ 5-15B-4. Reduction in state gross receipts tax revenue
Status: in_force

Once the developer of the village of Taos Ski Valley tax increment development project has been fully reimbursed, regardless of the source of reimbursement, for the costs of eligible infrastructure, the village of Taos Ski Valley tax increment development district shall provide to the state board of finance the estimated amount of state gross receipts tax increment revenue required to pay the debt service on the district's outstanding bonds and to meet any required debt-service coverage and reserve requirements specified in the master indenture for any bonds payable from the state gross receipts tax increment. The board shall:

A. review that estimate;

B. determine:

(1) the reduced amount of state gross receipts tax increment revenue necessary each year to meet those requirements; and

(2) the reduction to the percentage of dedicated state gross receipts tax increment revenue corresponding to that reduced amount; and

C. notify the taxation and revenue department of the amount of that reduction, which shall take effect as soon as practicable after notification.
N.M. Stat. § 10-10-4 — NM_STATUTES Code / Chapter 10 / Article 10 / Section 10-10-4
§ 10-10-4. Duties of director
Status: in_force

The duties of the personnel director are:

A. with the approval of the personnel board, to establish regulations regarding qualifications, procedures for applying for internships, and related matters;

B. to select and place especially talented university or college students, or graduates, as interns in state government;

C. to provide orientation and training programs for student interns to prepare them for a career in state government;

D. to coordinate the activities of the intern personnel and the various state agencies to obtain the maximum benefits for both the state and the agency personnel; and

E. to submit to the personnel board, the governor and the legislature recommendations concerning the intern program.