FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 7-3-2 — NM Code / Chapter 7 / Article 3 / Section 7-3-2
§ 7-3-2. Definitions
Status: in_force

As used in the Withholding Tax Act:

A. “ 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;

B. “ employee ” means either an individual domiciled within the state who performs services either within or without the state for an employer or, to the extent permitted by law, an individual domiciled outside of the state who performs services within the state for an employer;

C. “ employer ” means a person or an officer, agent or employee of that person having control of the payment of wages, doing business in or deriving income from sources within the state for whom an individual performs or performed any service as the employee of that person, except that if the person for whom the individual performs or performed the services does not have control over the payment of the wages for such services, “ employer ” means the person having control of the payment of wages;

D. “ Internal Revenue Code ” means the Internal Revenue Code of 1986, 1 as amended;

E. “ payee ” means an individual to whom a payor is making a pension or annuity payment;

F. “ payor ” means a person making payment of a pension or annuity to an individual domiciled in New Mexico;

G. “ payroll period ” means a period for which a payment of wages is made to an employee by the employee's employer;

H. “ person ” means an individual, a club, a company, a cooperative association, a corporation, an estate, a firm, a joint venture, a partnership, a receiver, a syndicate, a trust or other association, a limited liability company, a limited liability partnership or a gas, water or electric utility owned or operated by a county or municipality and, to the extent permitted by law, a federal, state or other governmental unit or subdivision or an agency, a department or an instrumentality thereof;

I. “ wagerer ” means any person who receives winnings that are subject to withholding;

J. “ wages ” means remuneration in cash or other form for services performed by an employee for an employer;

K. “ winnings that are subject to withholding ” means “winnings which are subject to withholding” as that term is defined in Section 3402 of the Internal Revenue Code 2 ;

L. “ withholdee ” means:

(1) an individual domiciled in New Mexico receiving a pension or annuity from which an amount of tax is deducted and withheld pursuant to the Withholding Tax Act;

(2) an employee; and

(3) a wagerer; and

M. “ withholder ” means a payor, an employer or any person required to deduct and withhold from winnings that are subject to withholding.
N.M. Stat. § 19-10-64 — NM Code / Chapter 19 / Article 10 / Section 19-10-64
§ 19-10-64. Royalties paid in oil; sale of; purpose of act
Status: in_force

The purpose of this act is to assist small business enterprise within the state by encouraging the establishment and operation of petroleum refineries not having an adequate supply of refinery charge stocks through granting a preference to such petroleum refineries in the sale of state royalty oil accruing from public land oil and gas leases.
N.M. Stat. § 58-22-21.1 — NM Code / Chapter 58 / Article 22 / Section 58-22-21.1
§ 58-22-21.1. Suit to recover trust funds; attorney's fees authorized
Status: in_force

An escrow agent, in any action brought against a party to the escrow to recover trust funds disbursed by the escrow agent to or for the benefit of the party, or in reliance upon a check or draft issued by the party which is subsequently dishonored by the drawee, may recover, in addition to the amount so disbursed, a reasonable amount as attorney's fees and costs. Pending litigation, an escrow agent may retain possession of all escrowed documents until directed otherwise by a court of competent jurisdiction.
N.M. Stat. § 9-27-22 — NM Code / Chapter 9 / Article 27 / Section 9-27-22
§ 9-27-22. Charges for central telecommunication network services
Status: in_force

Departments, institutions and agencies participating in the central telecommunication network shall be charged a pro rata and equitable share of the total monthly costs of the service. This determination is to be made by the department. Toll calls not covered by the wide-area telephone service and supplemental equipment shall be segregated and paid for by agencies, institutions and departments making the calls or using the supplemental equipment.
N.M. Stat. § 59A-20-22 — NM Code / Chapter 59A / Article 20 / Section 59A-20-22
§ 59A-20-22. Annuities, dividends
Status: in_force

If an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, is participating, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the contract.
N.M. Stat. § 34-6-11 — NM Code / Chapter 34 / Article 6 / Section 34-6-11
§ 34-6-11. Judges; eighth judicial district
Status: in_force

There shall be three district judges in the eighth judicial district.
N.M. Stat. § 22-23-1 — NM Code / Chapter 22 / Article 23 / Section 22-23-1
§ 22-23-1. Short title
Status: in_force

Chapter 22, Article 23 NMSA 1978 may be cited as the “Bilingual Multicultural Education Act”.
N.M. Stat. § 61-2-10.2 — NM Code / Chapter 61 / Article 2 / Section 61-2-10.2
§ 61-2-10.2. Designation of pharmaceutical agents; certification for use of certain agents
Status: in_force

A. Subject to the provisions of the Optometry Act, optometrists qualified and certified by the board may prescribe or administer all pharmaceutical agents for the diagnosis and treatment of disease of the eye or adnexa; provided that an optometrist:

(1) may prescribe hydrocodone and hydrocodone combination medications;

(2) may administer epinephrine auto-injections to counter anaphylaxis; and

(3) shall not prescribe any other controlled substance classified in Schedule I or II pursuant to the Controlled Substances Act.

B. The board shall issue certification for the use of pharmaceutical agents as set forth in Subsection A of this section to optometrists currently licensed by the board. To be certified, an optometrist shall submit to the board proof of having satisfactorily completed a course in pharmacology as applied to optometry, with particular emphasis on the administration of pharmaceutical agents for the purpose of examination of the human eye, and analysis of ocular functions and treatment of visual defects or abnormal conditions of the human eye and its adnexa. The course shall constitute a minimum of twenty hours of instruction in clinical pharmacology, including systemic pharmacology as applied to optometry, and shall be taught by an accredited institution approved by the board.

C. Applicants for licensure shall meet the requirements for certification in the use of pharmaceutical agents as set forth in the Optometry Act and shall successfully complete the board's examination in pharmaceutical agents prior to licensure.

D. The certification authorized by this section shall be displayed in a conspicuous place in the optometrist's principal office or place of business.
N.M. Stat. § 76-5-5 — NM Code / Chapter 76 / Article 5 / Section 76-5-5
§ 76-5-5. Duties and powers of the board
Status: in_force

It shall be the primary function of the board [New Mexico department of agriculture] to determine the critically infested grasshopper and other range pest areas within New Mexico and to formulate and carry out plans for the control of infestation. In the performance of its primary function, the board [department] shall:

A. cooperate with all agencies of the United States, which are interested in the control of grasshoppers and other range pests;

B. coordinate and utilize the available facilities and personnel of the New Mexico college of agriculture and mechanic arts [New Mexico state university] extension service;

C. hire such additional help and facilities as may be necessary to carry out the purpose of this act;

D. buy, rent, lease or otherwise provide and dispose of equipment, materials and supplies necessary to carry out the purpose of this act;

E. adopt rules and regulations consistent with the purpose of this act including:

(1) the method and manner of rendering aid and assistance;

(2) the care, use and preservation of equipment, materials and supplies purchased by the board [New Mexico department of agriculture];

(3) the keeping of accounts and records of the board's [New Mexico department of agriculture] activities; and

(4) a classification of all insects, including grasshoppers, coming within the meaning of the term “range pests”;

F. supervise and allocate the expenditures from the “grasshopper and other range pest control fund”; provided, however, all vouchers representing payments from the grasshopper and other range pest control fund shall be signed by the chairman of the grasshopper and other range pest control board [director of the New Mexico department of agriculture]; and

G. compromise, settle or pay just claims arising from negligent operations under the Grasshopper and Other Range Pest Control Act, and prescribe a procedure for the preservation and proof of claims.
N.M. Stat. § 19-1-12 — NM Code / Chapter 19 / Article 1 / Section 19-1-12
§ 19-1-12. State land office; expenses; how paid
Status: in_force

All salaries and expenses of the state land office as authorized by annual appropriation of the legislature shall be paid from the state lands maintenance fund upon vouchers in duplicate, approved by the commissioner, numbered consecutively, setting forth the accounts covered and duly itemized. One copy of the voucher shall be retained in the state land office and the other copy shall be filed with the department of finance and administration. Warrants for the payment of the voucher shall be drawn by the secretary of finance and administration upon the state lands maintenance fund.
N.M. Stat. § 7-1-6.58 — NM Code / Chapter 7 / Article 1 / Section 7-1-6.58
§ 7-1-6.58. Distribution; public election fund
Status: in_force

A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the public election fund from the amount deposited pursuant to the provisions of Section 7-8A-13 NMSA 1978 in the amount of one hundred thousand dollars ($100,000) per month during fiscal year 2008 and subsequent fiscal years.
N.M. Stat. § 24-13-8 — NM Code / Chapter 24 / Article 13 / Section 24-13-8
§ 24-13-8. District attorneys to enforce burial act
Status: in_force

The various district attorneys of this state are hereby expressly empowered and directed to enforce the provisions of this act on behalf of the various counties which they represent.
N.M. Stat. § 14-13-2 — NM Code / Chapter 14 / Article 13 / Section 14-13-2
§ 14-13-2. Administration of affirmation in lieu of oath
Status: in_force

Whenever any person is required to take or subscribe an oath and shall have conscientious scruples against taking the same, he shall be permitted, instead of such oath, to make a solemn affirmation, with uplifted right hand, in the following form, viz: you do solemnly, sincerely and truly declare and affirm, and close with: and this I do under the pains and penalties of perjury, which affirmation shall be equally valid as if such person had taken an oath in the usual form; and every person guilty of falsely, willfully or corruptly declaring as aforesaid, shall be liable to punishment for the same as for perjury.
N.M. Stat. § 7-9-49 — NM Code / Chapter 7 / Article 9 / Section 7-9-49
§ 7-9-49. Deduction; gross receipts tax; sale of tangible personal property and licenses for leasing
Status: in_force

A. Except as otherwise provided by Subsection B of this section, receipts from selling tangible personal property and licenses may be deducted from gross receipts if the sale is made to a person who delivers a nontaxable transaction certificate to the seller or provides alternative evidence pursuant to Section 7-9-43 NMSA 1978 . The buyer shall be engaged in a business that derives a substantial portion of its receipts from leasing or selling tangible personal property or licenses of the type sold. The buyer may not utilize the tangible personal property or license in any manner other than holding it for lease or sale or leasing or selling it either by itself or in combination with other tangible personal property or licenses in the ordinary course of business.

B. The deduction provided by this section shall not apply to receipts from selling:

(1) furniture or appliances, the receipts from the rental or lease of which are deductible under Subsection C of Section 7-9-53 NMSA 1978;

(2) coin-operated machines; or

(3) manufactured homes.
N.M. Stat. § 57-14-2 — NM Code / Chapter 57 / Article 14 / Section 57-14-2
§ 57-14-2. Definitions
Status: in_force

As used in the Price Discrimination Act:

A. “person” means an individual, partnership, association, corporation, joint-stock company or business trust;

B. “price” means the net price to the buyer after deduction of all discounts, rebates or other price concessions paid or allowed by the seller;

C. “commerce” means trade within this state; and

D. “commodity” means any movable article or any commercial service sold in commerce.
N.M. Stat. § 58-1-4 — NM Code / Chapter 58 / Article 1 / Section 58-1-4
§ 58-1-4. Effect on existing banks
Status: in_force

The articles of incorporation of state banks existing at the time of the adoption of the Banking Act shall continue in full force and effect, but all state banks and, to the extent applicable, all banks shall thereafter be operated in accordance with the provisions of the Banking Act, and any state bank by filing an application for an amendment of its articles of incorporation, or for a merger, consolidation or sale of all, or substantially all, of its assets or the assets of any department under the Banking Act and its articles of incorporation, shall thereafter be subject to the Banking Act.
N.M. Stat. § 70-4-13 — NM Code / Chapter 70 / Article 4 / Section 70-4-13
§ 70-4-13. Personal liability
Status: in_force

Nothing in the Oil and Gas Lien Act shall be construed to impair or affect the right of any person, to whom any debt may be due for work done or materials, tools, machinery, equipment or supplies furnished or hauled, to maintain a personal action to recover the debt against the person liable therefor.
N.M. Stat. § 1-8-33 — NM_STATUTES Code / Chapter 1 / Article 8 / Section 1-8-33
§ 1-8-33. Primary election law; nominating petition; number of signatures required
Status: in_force

A. As used in this section, “ total vote ” means the sum of all votes cast for all of the party's candidates for governor at the last preceding primary election at which the party's candidate for governor was nominated.

B. Candidates who seek preprimary convention designation shall file nominating petitions at the time of filing declarations of candidacy. Nominating petitions for those candidates shall be signed by a number of voters equal to at least two percent of the total vote of the candidate's party in the state or congressional district, or the following number of voters, whichever is greater: for statewide offices, two hundred thirty voters; and for congressional candidates, seventy-seven voters.

C. Nominating petitions for candidates for any other office to be voted on at the primary election for which nominating petitions are required shall be signed by a number of voters equal to at least the greater of:

(1) for the public education commission, two percent of the total vote of the candidate's party in the district; for judicial candidates, two percent of the total vote of the candidate's party in the district or division; and for all other candidates, three percent of the total vote of the candidate's party in the district; or

(2) for metropolitan court and magistrate courts, ten voters; for the public education commission, twenty-five voters; for state representative, ten voters; for state senator, seventeen voters; and for district attorney and district judge, fifteen voters.

D. A candidate who fails to receive the preprimary convention designation that the candidate sought may collect additional signatures to total at least four percent of the total vote of the candidate's party in the state or congressional district, whichever applies to the office the candidate seeks, and file a new declaration of candidacy and nominating petitions for the office for which the candidate failed to receive a preprimary designation. The declaration of candidacy and nominating petitions shall be filed with the secretary of state either ten days following the date of the preprimary convention at which the candidate failed to receive the designation or on the date all declarations of candidacy and nominating petitions are due pursuant to the provisions of the Primary Election Law, whichever is later.
N.M. Stat. § 29-3B-4 — NM_STATUTES Code / Chapter 29 / Article 3B / Section 29-3B-4
§ 29-3B-4. Training of law enforcement officers
Status: in_force

The secretary of public safety shall create, administer and conduct training programs for law enforcement officers and recruits on the methods and technical aspects of the eyewitness identification practices and procedures shown by reliable evidence to enhance the accuracy of eyewitness evidence referenced in the Accurate Eyewitness Identification Act.
N.M. Stat. § 22-10A-10 — NM Code / Chapter 22 / Article 10A / Section 22-10A-10
§ 22-10A-10. Level two licensure
Status: in_force

A. A level two license is a nine-year license granted to a teacher who meets the qualifications for that level and who annually demonstrates essential competency to teach. If a level two teacher does not demonstrate essential competency in a given school year, the school district shall provide the teacher with additional professional development and peer intervention during the following school year. If by the end of that school year the teacher fails to demonstrate essential competency, a school district may choose not to contract with the teacher to teach in the classroom.

B. The department shall issue a level two license to an applicant who has successfully taught at least three, but no more than five, years as a level one teacher or an alternative level one teacher, or a combination of the two, or is granted reciprocity as provided by department rules. An applicant for a level two license shall:

(1) demonstrate essential competency required by the department as verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and

(2) meet other qualifications as required by the department.

C. The department shall provide for qualifications for specific grade levels, types and subject areas of level two licensure, including early childhood, elementary, middle, secondary, special and vocational education.

D. The minimum salary for a level two teacher, except for those teachers with a vocational education license, is sixty thousand dollars ($60,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time.
N.M. Stat. § 66-8-128 — NM Code / Chapter 66 / Article 8 / Section 66-8-128
§ 66-8-128. Uniform traffic citation
Status: in_force

A. The department shall prepare a uniform traffic citation containing at least the following information:

(1) an information section, serially numbered and containing spaces for the name, physical address and mailing address, city and state of the individual charged; the individual's physical description, age and sex; the registration number, year and state of the vehicle involved and its make and type; the state and number of the individual's driver's license; the specific section number and common name of the offense charged under the NMSA 1978 or local law; the date and time of arrest; the arresting officer's signature and identification number; and the conditions existing at the time of the violation;

(2) a notice to appear; and

(3) a penalty assessment notice with a place for the signature of the violator agreeing to pay the penalty assessment prescribed.

B. The department shall prescribe how the uniform traffic citation form may be used as a warning notice.

C. The department shall prescribe the size and number of copies of the paper version of the uniform traffic citation and the disposition of each copy. The department may also prescribe one or more electronic versions of the uniform traffic citation, which may be used in the issuance of citations instead of or with paper uniform traffic citations.

D. Any entity that wishes to submit electronic traffic citations instead of or with paper uniform traffic citations required to be submitted to the department shall secure the prior permission of the department.

E. An electronic version of a uniform traffic citation shall include the same information required to be included in a uniform traffic citation. An electronic version of a uniform traffic citation may be signed electronically and a law enforcement officer may submit or file with a court an electronic version of a uniform traffic citation if prior permission of the department has been secured. Where the law requires a law enforcement officer to provide a copy of a citation to a person cited or arrested, a physical copy of the citation shall be provided regardless of whether a paper uniform traffic citation or an electronic version of a uniform traffic citation was used.
N.M. Stat. § 73-14-46 — NM Code / Chapter 73 / Article 14 / Section 73-14-46
§ 73-14-46. Surveys and investigations; flood warning service
Status: in_force

The board shall also have the right to establish and maintain stream gages, rain gages, a flood warning service with telephone or telegraph lines or telephone and telegraph service, and may make such surveys and examinations of rainfall and flood conditions, stream flow and other scientific and engineering subjects as are necessary and proper for the purposes of the district and they may issue reports thereon.
N.M. Stat. § 19-10B-2 — NM Code / Chapter 19 / Article 10B / Section 19-10B-2
§ 19-10B-2. Findings and purpose
Status: in_force

A. The legislature finds that a new oil and gas data base system will substantially increase revenues from state trust lands with resulting benefits to the trust beneficiaries and that funding the development of a new system with income from state trust lands constitutes a necessary and vital expense of the commissioner of public lands in the control and administration of the state trust lands and is a prudent and permitted use of trust income. The legislature further finds that a new oil and gas data base system will also increase severance tax revenues and that investment of the severance tax permanent fund in revenue bonds issued by the commissioner of public lands to finance the development of the new system is a prudent investment by the state.

B. The purpose of the ONGARD System Development Act is to provide for the development of an oil and gas data base system that will assure that the state is receiving the oil and gas tax and royalty revenue to which it is entitled, that the appropriate calculations are based on proper volumes and values and that correct amounts are remitted and accurately accounted for.
N.M. Stat. § 72-13-7 — NM Code / Chapter 72 / Article 13 / Section 72-13-7
§ 72-13-7. Abandoned wells wasting water declared to be a public nuisance
Status: in_force

Any artesian well which has been abandoned for more than four years, from which the right to the use of the waters has reverted to the state, and which is found to be wasting the waters from any artesian basin, is hereby declared to be a public nuisance, and the state engineer, his representatives or the artesian conservancy district in which the well is located, may abate such nuisance in a summary manner, without notice to the owner, by plugging or otherwise controlling the same.