FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 22-11-40 — NM Code / Chapter 22 / Article 11 / Section 22-11-40
§ 22-11-40. Restoration to fund
Status: in_force

If a member is obligated to restore any sum of money to the fund and fails or refuses to do so for a period of three months after written demand is made by the director, the member shall forfeit membership and receive no further benefits pursuant to the Educational Retirement Act. The director shall determine whether the former member's contributions to the fund exceed the total amount of disability or retirement benefits the member has received and shall withdraw from any such balance of contributions the amount of money the member is obligated to restore to the fund. Any balance of the contribution remaining in the fund shall be paid to the former member or the former member's beneficiary. In the event the money the former member is obligated to restore to the fund is not restored to the fund, the former member shall be subject to civil action by the board for its recovery.
N.M. Stat. § 59A-22-58 — NM Code / Chapter 59A / Article 22 / Section 59A-22-58
§ 59A-22-58. Anatomical gift nondiscrimination
Status: in_force

A. For purposes of this section:

(1) “ covered person ” means a policyholder or other person covered by a health benefit plan; and

(2) “organ transplant” includes parts or the whole of organs, eyes or tissue.

B. All individual and group health insurance policies delivered or issued for delivery in this state that provide coverage for organ transplants and associated care shall not:

(1) deny that coverage solely on the basis of a covered person's physical or mental disability;

(2) deny to a covered person with a physical or mental disability eligibility or continued eligibility to enroll or to renew coverage under the terms of the health benefit policy or plan solely for the purpose of avoiding the requirements of this section;

(3) penalize or otherwise reduce or limit the reimbursement or provide monetary or nonmonetary incentives to a health care provider to induce that health care provider not to provide an organ transplant or associated care to a covered person with a physical or mental disability; or

(4) reduce or limit coverage benefits to a covered person with a physical or mental disability for the associated care related to organ transplantation as determined in consultation with the physician and patient.
N.M. Stat. § 9-17-6 — NM_STATUTES Code / Chapter 9 / Article 17 / Section 9-17-6
§ 9-17-6. General services department; administratively attached agency
Status: in_force

The personnel board and office are administratively attached to the general services department, as provided in Section 10-9-11 NMSA 1978 .
N.M. Stat. § 59A-62-5 — NM Code / Chapter 59A / Article 62 / Section 59A-62-5
§ 59A-62-5. Disclosure of terms
Status: in_force

A. A self-service storage insurance producer shall not sell, solicit or offer self-service storage insurance to occupants at any location unless the licensee makes available a brochure or other written or electronic material that:

(1) discloses that self-service storage insurance may provide a duplication of coverage already provided by an occupant's homeowner's insurance policy, renter's insurance policy, vehicle insurance policy, watercraft insurance policy or other property insurance coverage;

(2) states that the purchase by the occupant of the self-service storage insurance offered by the owner is not required in order to lease storage space at the self-service storage facility;

(3) provides the actual terms of the self-service storage insurance coverage or summarizes the material terms of the self-service storage insurance coverage, including:

(a) the identity of the insurer;

(b) the price of coverage and how payment shall be made;

(c) the identity of the supervising entity;

(d) deductibles, exclusions and conditions;

(e) benefits of the coverage; and

(f) key terms and conditions of coverage;

(4) summarizes the process for filing a claim; and

(5) states that an occupant that purchases self-service storage insurance may cancel the insurance at any time by notifying the insurer or the supervising entity in writing and shall receive a refund of any unearned premium within twenty days of cancellation.

B. The written or electronic material required pursuant to this section shall be submitted to the superintendent for approval upon request.
N.M. Stat. § 73-14-7 — NM Code / Chapter 73 / Article 14 / Section 73-14-7
§ 73-14-7. Notice of hearing on petition
Status: in_force

A. Immediately after the filing of such petition the court shall by order fix a place and time, not less than ninety (90) days after the petition is filed, for hearing thereon, and thereupon the clerk shall cause notice by publication (Schedule Form I) to be made of the pendency of the petition and of the time and place of the hearing thereon, in each county in which there is territory included in the proposed district. If no newspaper is published in any such county, publication shall be made in a newspaper of general circulation in the proposed district.

B. It shall not be necessary for said clerk to name the parties interested, nor to describe separate lots or tracts of land in giving said notice, but it shall be sufficient to give such descriptions as will enable the owner to determine whether or not his land is covered by such description.
N.M. Stat. § 58-1B-11 — NM Code / Chapter 58 / Article 1B / Section 58-1B-11
§ 58-1B-11. Enforcement
Status: in_force

The director may enforce the provisions of the Interstate Bank Acquisition Act by an action for injunctive relief in the district court of Santa Fe county. The director shall give notice promptly to the home state regulator of any action commenced by the director against an out-of-state bank holding company and, to the extent practicable, shall consult and cooperate with that regulator in pursuing and resolving the enforcement action.
N.M. Stat. § 9-22-17 — NM_STATUTES Code / Chapter 9 / Article 22 / Section 9-22-17
§ 9-22-17. Court proceedings for appointment as personal representative or conservator
Status: in_force

The department may institute a proceeding in a court of competent jurisdiction for appointment as personal representative of the estate of a deceased veteran or as conservator of the estate of a minor child of a veteran or as conservator of the estate of an incompetent veteran without cost and tax.
N.M. Stat. § 7-4-20 — NM_STATUTES Code / Chapter 7 / Article 4 / Section 7-4-20
§ 7-4-20. Agreements authorized in unusual cases
Status: in_force

In circumstances within the scope of Section 7-4-19 NMSA 1978 and in other circumstances where the revenues of this state would not be adversely affected, the secretary is authorized to enter into an agreement in writing with any person with respect to apportionment and allocation of that person's income. Except upon a showing of fraud or misrepresentation of a material fact or a change in the statutory law, such agreement shall be conclusive. Any agreement, however, may be terminated by either party by written notice thereof to the other party at least ninety days before the beginning of the taxable year to which the termination applies.
N.M. Stat. § 72-14-9 — NM Code / Chapter 72 / Article 14 / Section 72-14-9
§ 72-14-9. Definitions
Status: in_force

As used in Sections 72-14-9 through 72-14-28 NMSA 1978:

A. “engineer” or “state engineer” means the state engineer of New Mexico;

B. “commission” means the interstate stream commission or other department or agency which may be created and charged with the duties and functions of the commission;

C. “works” includes all property, rights, easements and franchises relating thereto and deemed necessary or convenient for their operation, and all water rights acquired or exercised by the commission in connection with such works, and shall embrace all means of conserving and distributing water, including, without limiting the generality of the foregoing, reservoirs, dams, diversion canals, distributing canals, lateral ditches, pumping units, wells, mains, pipelines and waterworks systems and shall include all such works for the conservation, development, storage, distribution and utilization of water, including, without limiting the generality of the foregoing, works for the purpose of irrigation, development of power, watering of stock, supplying of water for public, domestic, industrial and other uses, for fire protection and for the purpose of obtaining hydrographic surveys used by the state engineer for determining water rights;

D. “cost of works” includes the cost of construction; the cost of all lands, property, rights, easements and franchises acquired which are deemed necessary for such construction; the cost of all water rights acquired or exercised by the commission in connection with a project; the cost of all machinery and equipment, financing charges, interest prior to and during construction and for a period not exceeding three years after the completion of construction; the cost of engineering and legal expenses, plans, specifications, surveys, estimates of cost and other expenses necessary or incident to determining the feasibility or practicability of any project; and administrative expense and such other expenses as may be necessary or incident to the financing and the completion of a project and the placing of the project in operation;

E. “owner” includes all individuals, irrigation districts, incorporated companies, societies or associations having any title or interest in any properties, rights, easements or franchises to be acquired; and

F. “project” means any one of the works defined in this section or any combination of such works which are jointly managed and operated as a single unit.
N.M. Stat. § 39-1A-5 — NM Code / Chapter 39 / Article 1A / Section 39-1A-5
§ 39-1A-5. Effects of transfer of structured settlement payment rights
Status: in_force

Following a transfer of structured settlement payment rights pursuant to the Structured Settlement Protection Act:

A. the structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments;

B. the transferee shall be liable to the structured settlement obligor and the annuity issuer:

(1) for any taxes incurred by the parties as a consequence of the transfer if the transfer contravenes the terms of the structured settlement; and

(2) for any other liabilities or costs, including reasonable costs and attorney fees, arising from compliance by the parties with the order of the court or arising as a consequence of the transferee's failure to comply with the provisions of the Structured Settlement Protection Act;

C. the transferee shall be liable to the payee:

(1) if the transfer contravenes the terms of the structured settlement, for any taxes incurred by the payee as a consequence of the transfer; and

(2) for any other liabilities or costs, including reasonable costs and attorney fees, arising as a consequence of the transferee's failure to comply with the provisions of the Structured Settlement Protection Act;

D. neither the structured settlement obligor nor the annuity issuer may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and

E. any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of the Structured Settlement Protection Act.
N.M. Stat. § 3-60C-5 — NM Code / Chapter 3 / Article 60C / Section 3-60C-5
§ 3-60C-5. Main street revolving loan fund
Status: in_force

A. The “main street revolving loan fund” is created in the state treasury. The fund shall consist of appropriations, loan payments, federal funds received for the purpose of making loans, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund, and money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. Money in the fund is appropriated to the committee for the purposes of:

(1) making revolving loans, including related fees, to property owners, with the loans processed and serviced by a lending institution; and

(2) paying division expenses to market, manage and administer the loan program; provided that no more than ten percent of the annual appropriation or other distribution or transfer made to the fund may be used for marketing, managing and administering the loan program.

B. Expenditures from the fund shall be made on warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the division.
N.M. Stat. § 10-7-15 — NM Code / Chapter 10 / Article 7 / Section 10-7-15
§ 10-7-15. Definitions
Status: in_force

As used in the Cafeteria Plan Act:

A. “agency” means the state of New Mexico, any of its political subdivisions, tax supported educational institutions or a local public school district;

B. “cafeteria plan” means a written plan as defined in 26 U.S.C. 125 under which all participants are eligible public employees and the participants are allowed to choose among two or more benefits consisting of cash and statutory nontaxable benefits;

C. “eligible public employee” means any public employee who elects to participate in a cafeteria plan as provided in the Cafeteria Plan Act but does not include individuals engaged as independent contractors or whose periods of employment are on an intermittent or irregular basis or who are employed on less than half-time basis unless the individual is employed in a position classified as a job-sharing position;

D. “public employee” means any officer or employee of an agency to whom a salary is paid from public funds for services rendered;

E. “salary reduction agreement” means a written agreement between an eligible public employee and his agency employer whereby the employee agrees to reduce his or her salary by a stated amount or an amount equal to the cost of benefits selected under a cafeteria plan and the agency agrees to contribute that amount to cover the cost of the benefits selected by the eligible public employee; and

F. “statutory nontaxable benefits” means any benefits that are not includable in the gross income of the public employee by reason of an express provision of the Internal Revenue Code, and such benefits may include but not be limited to: group life insurance not exceeding fifty thousand dollars ($50,000); disability benefits; accident and health plans; group legal services plans and dependent care services.
N.M. Stat. § 31-15-2.3 — NM_STATUTES Code / Chapter 31 / Article 15 / Section 31-15-2.3
§ 31-15-2.3. Public defender commission; organization; meetings
Status: in_force

A. The commission shall hold its first meeting by September 1, 2013 and shall organize and elect a chair at that meeting. Three subsequent meetings shall be held in 2013. Thereafter, the commission shall meet at least four times a year, as determined by a majority of commission members. Meetings shall be held at the call of the chair or the chief or at the request of four commission members.

B. The commission shall appoint the chief by October 15, 2013.

C. A majority of commission members constitutes a quorum for the transaction of business, and an action by the commission is not valid unless six or more members concur.

D. The commission may adopt rules and shall keep a record of its proceedings.

E. A commission member may select a designee to serve in the member's stead only once per year.
N.M. Stat. § 59A-10-6 — NM Code / Chapter 59A / Article 10 / Section 59A-10-6
§ 59A-10-6. Excess deposits
Status: in_force

An insurer may deposit and maintain on deposit with the state treasurer through the superintendent, funds and securities eligible for deposit under this article in amount not over one hundred thousand dollars ($100,000) in excess of its required general deposit or special deposit, as the case may be, for purpose of absorbing fluctuations in value of assets held on deposit, and to facilitate exchange and substitution of such assets.
N.M. Stat. § 30-13-2 — NM Code / Chapter 30 / Article 13 / Section 30-13-2
§ 30-13-2. Denial of service by a utility
Status: in_force

Denial of service by a utility consists of any utility refusing to furnish service to another in the area served by such utility. Utility as used in this section is defined as any person furnishing to the public: water, power, telephone or gas. Provided such utility may lawfully refuse its services if:

A. the person to be served has not tendered an amount of money required for the expense of construction, if construction is necessary for furnishing the utilities; or

B. the person has not tendered the amount of money due for the use of such utilities.

Whoever commits denial of service by a utility is guilty of a petty misdemeanor.
N.M. Stat. § 7-13-18 — NM Code / Chapter 7 / Article 13 / Section 7-13-18
§ 7-13-18. Dyed gasoline; permissible uses; penalties for misuse
Status: in_force

A. Gasoline distributors and wholesalers who are registered as distributors or wholesalers with the department may sell gasoline to be used other than in motor boats or in vehicles licensed to operate on the highways. These distributors and wholesalers shall mix with the gasoline an identifying dye in a manner consistent with state and federal law and regulations. The department shall furnish without charge the dye upon request. Such dyed gasoline may not be used in motor boats or in vehicles registered to be operated upon the highways of this state.

B. Any person who uses dyed gasoline in a motor boat or in a vehicle registered to be operated upon the highways of this state is liable for a civil penalty for each occurrence in an amount equal to the greater of one hundred dollars ($100) or the rate of the gasoline tax multiplied by the capacity in gallons of the fuel supply tank or tanks of the motor boat or vehicle.
N.M. Stat. § 4-3A-6 — NM Code / Chapter 4 / Article 3A / Section 4-3A-6
§ 4-3A-6. Unpaid taxes
Status: in_force

The county of Cibola is entitled to all unpaid taxes, which remain unpaid at the effective date of this act upon property within the area embraced by the county of Cibola and any funds in the hands of the treasurer of Valencia county at the time this act becomes effective, or which thereafter come into the treasurer's hands which are properly transferable by the treasurer of Valencia county to the treasurer of Cibola county, shall be transferred in the regular course in the administration of the office upon the demand from such authority to receive same.
N.M. Stat. § 72-18-53 — NM Code / Chapter 72 / Article 18 / Section 72-18-53
§ 72-18-53. Payment recital in securities
Status: in_force

Each security issued under the Flood Control District Act shall recite in substance that the security and the interest thereon are payable solely from the revenues or other money pledged to the payment thereof. Securities specifically pledging the full faith and credit of the district for their payment shall so state.
N.M. Stat. § 61-29-10 — NM Code / Chapter 61 / Article 29 / Section 61-29-10
§ 61-29-10. Application for license and examination
Status: in_force

A. All applications for licenses to act as qualifying brokers and associate brokers shall be made in writing to the commission and shall contain such data and information as may be required upon a form to be prescribed and furnished by the commission. The application shall be accompanied by:

(1) the recommendation of two reputable citizens who own real estate in the county in which the applicant resides, which recommendation shall certify that the applicant is of good moral character, honest and trustworthy; and

(2) the triennial license fee prescribed by the commission.

B. In addition to proof of honesty, trustworthiness and good reputation, an applicant shall pass a written examination approved by the commission. The examination shall be given at the time and places within the state as the commission shall prescribe; however, the examination shall be given not less than two times during each calendar year. The examination shall include business ethics, writing, composition, arithmetic, elementary principles of land economics and appraisals, a general knowledge of the statutes of this state relating to deeds, mortgages, contracts of sale, agency and brokerage and the provisions of Chapter 61, Article 29 NMSA 1978 .

C. An applicant is not permitted to engage in the real estate business until the applicant has passed the approved examination, complied with the other requirements of Chapter 61, Article 29 NMSA 1978 , and until a license has been issued to the applicant.

D. Notice of passing or failing to pass the examination shall be given to an applicant not later than three weeks following the date of the examination.

E. The commission may establish educational programs and procure qualified personnel, facilities and materials for the instruction of persons desiring to become qualifying brokers or associate brokers or desiring to improve their proficiency as qualifying brokers or associate brokers. The commission may inspect and accredit educational programs and courses of study and may establish standards of accreditation for educational programs conducted in this state. The expenses incurred by the commission in activities authorized pursuant to this subsection shall not exceed the total revenues received and accumulated by the commission.
N.M. Stat. § 24-1-21 — NM Code / Chapter 24 / Article 1 / Section 24-1-21
§ 24-1-21. Penalties
Status: in_force

Any person violating any of the provisions of the Public Health Act or any order, rule or regulation adopted pursuant to the provisions of the Public Health Act is guilty of a petty misdemeanor and shall be punished by a fine not to exceed one hundred dollars ($100) or imprisonment in the county jail for a definite term not to exceed six months or both such fine and imprisonment in the discretion of the court. Each day of a continuing violation of Subsection A of Section 24-1-5 NMSA 1978 after conviction shall be considered a separate offense. The department also may enforce its rules and orders by any appropriate civil action. The attorney general shall represent the department.
N.M. Stat. § 59A-52-1.1 — NM Code / Chapter 59A / Article 52 / Section 59A-52-1.1
§ 59A-52-1.1. State fire marshal; appointment; powers and duties
Status: in_force

A. The state fire marshal shall be appointed by the secretary of homeland security and emergency management. The state fire marshal shall be appointed solely on the basis of fitness to perform the duties of state fire marshal and without reference to political party affiliation. The state fire marshal shall be well versed in fire services, including structural fires, training, investigations and code enforcement, as well as administrative duties, including personnel, operating budgets and capital planning and expenditures. The state fire marshal shall have an understanding of insurance services office requirements, wildland firefighting and legislative advocacy.

B. The state fire marshal shall be an at-will employee and is exempt from the federal Fair Labor Standards Act of 1938.

C. The state fire marshal shall:

(1) oversee and manage the state fire marshal's office and direct its activities;

(2) promulgate rules pursuant to the State Rules Act relating to the state fire marshal's office and the fire services council; and

(3) consider advice from the fire services council concerning the adoption of fire safety management policies of the state fire marshal's office.