FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 67-13-9 — NM Code / Chapter 67 / Article 13 / Section 67-13-9
§ 67-13-9. Zoning authority
Status: in_force

A. For the purpose of promoting the health, safety and the general welfare, and for the purpose of historic preservation, a county commission is a scenic highway zoning authority, with all of the powers provided for a municipal zoning authority under Sections 3-21-1 through 3-21-26 NMSA 1978 of the Municipal Code as modified by the provisions of the Scenic Highway Zoning Act, which provisions shall control, within a scenic highway zone and may through its ordinance power regulate the reasonable location and use of buildings, structures and real property.

B. The scenic highway regulations and restrictions must be in accordance with a comprehensive plan and be designed to achieve the purposes stated in Subsection A of this section, and encourage the most appropriate use of real property within the area of a scenic highway zone.
N.M. Stat. § 3-14-2 — NM Code / Chapter 3 / Article 14 / Section 3-14-2
§ 3-14-2. Commission-manager; special election for adoption
Status: in_force

A. Upon petition signed by qualified electors, not less in number than fifteen percent of the votes cast for the office of mayor at the last regular municipal election, filed with the municipal clerk and verified by the municipal clerk to contain a sufficient number of legal signatures, the governing body shall, within ten days of verification, adopt an election resolution calling for the holding of a special election on the question of organizing the municipality under the commission-manager form of government, or the governing body may submit to the qualified electors of the municipality the question of organizing the municipality under the commission-manager form of government. The election shall be held in June or July in odd-numbered years or July or August in even-numbered years in accordance with the provisions of the Local Election Act.

B. The question to be placed shall read substantially as follows:

“For the commission-manager form of government and providing for the election of five commissioners _____; and

Against the commission-manager form of government and providing for the election of five commissioners _____”.
N.M. Stat. § 72-19-12 — NM Code / Chapter 72 / Article 19 / Section 72-19-12
§ 72-19-12. Filling vacancies on board
Status: in_force

Upon a vacancy occurring in the board by reason of death, change of residence, resignation or for any other reason, the governor shall appoint a qualified elector of the authority as successor to serve the unexpired term.
N.M. Stat. § 7-19D-8 — NM Code / Chapter 7 / Article 19D / Section 7-19D-8
§ 7-19D-8. Interpretation of act; administration and enforcement of act
Status: in_force

A. The department shall interpret the provisions of the Municipal Local Option Gross Receipts Taxes Act.

B. The department shall administer and enforce the collection of each tax authorized under the provisions of the Municipal Local Option Gross Receipts Taxes Act, and the Tax Administration Act 1 applies to the administration and enforcement of each tax.
N.M. Stat. § 22-8-39 — NM Code / Chapter 22 / Article 8 / Section 22-8-39
§ 22-8-39. Boards of finance; suspension
Status: in_force

The department may at any time suspend a local school board or governing body of a state-chartered charter school from acting as a board of finance if the department reasonably believes there is mismanagement, improper recording or improper reporting of public school funds under the local school board's or governing body of a state-chartered charter school's control. When a local school board or governing body of a state-chartered charter school is suspended from acting as a board of finance, the department shall:

A. immediately take control of all public school funds under the control of the local school board or governing body of a state-chartered charter school acting as a board of finance;

B. immediately have an audit made of all funds under the control of the local school board or governing body of a state-chartered charter school acting as a board of finance and charge the cost of the audit to the school district or state-chartered charter school;

C. act as a fiscal agent for the school district or state-chartered charter school and take any action necessary to conform the fiscal management of funds of the school district or state-chartered charter school to the requirements of law and good accounting practices;

D. report any violations of the law to the proper law enforcement officers;

E. act as fiscal agent for the school district or state-chartered charter school until the department determines that the local school board or governing body of a state-chartered charter school is capable of acting as a board of finance or until the department determines that the county treasurer should act as fiscal agent for the school district or state-chartered charter school;

F. inform the local school board or governing body of a state-chartered charter school in writing of the department's determination as to who is to act as board of finance or fiscal agent for the school district or state-chartered charter school and also inform the county treasurer in writing if it determines that the county treasurer should act as fiscal agent for the school district or state-chartered charter school; and

G. consider commencing proceedings before the commission to suspend, revoke or refuse to renew the charter of the state-chartered charter school in the case of a state-chartered charter school that has engaged in serious or repeated mismanagement, improper recording or improper reporting of public school funds under its control.
N.M. Stat. § 4-3A-2 — NM_STATUTES Code / Chapter 4 / Article 3A / Section 4-3A-2
§ 4-3A-2. County seat
Status: in_force

The county seat of Cibola county shall be established at the municipality of Grants. The board of county commissioners of Cibola county after their appointment as provided in this act, shall select, designate and acquire a tract of land within that city as a place upon which shall be built the courthouse and public buildings of the county of Cibola.
N.M. Stat. § 21-11-25 — NM_STATUTES Code / Chapter 21 / Article 11 / Section 21-11-25
§ 21-11-25. Bonds designated serially
Status: in_force

Each series of bonds issued under the authority of this act shall be designated by the letters “A,” “B” and so forth, to the end that each series shall be kept separate, and all of the requirements of this act shall apply to and shall be faithfully followed, done and carried out as to each of said series.
N.M. Stat. § 3-21-15 — NM_STATUTES Code / Chapter 3 / Article 21 / Section 3-21-15
§ 3-21-15. Special zoning districts; short title
Status: in_force

This act may be cited as the “Special Zoning District Act.”
N.M. Stat. § 5-8-4 — NM_STATUTES Code / Chapter 5 / Article 8 / Section 5-8-4
§ 5-8-4. Items payable by fee
Status: in_force

A. An impact fee may be imposed only to pay the following specified costs of constructing capital improvements or facility expansions:

(1) estimated capital improvements plan cost;

(2) planning, surveying and engineering fees paid to an independent qualified professional who is not an employee of the municipality or county for services provided for and directly related to the construction of capital improvements or facility expansions;

(3) fees actually paid or contracted to be paid to an independent qualified professional, who is not an employee of the municipality or county, for the preparation or updating of a capital improvements plan; and

(4) up to three percent of total impact fees collected for administrative costs for municipal or county employees who are qualified professionals.

B. Projected debt service charges may be included in determining the amount of impact fees only if the impact fees are used for the payment of principal and interest on bonds, notes or other obligations issued to finance construction of capital improvements or facility expansions identified in the capital improvements plan.
N.M. Stat. § 73-14-67 — NM Code / Chapter 73 / Article 14 / Section 73-14-67
§ 73-14-67. Election violations; penalty
Status: in_force

Whoever, not being a qualified elector as herein defined, shall vote at the election herein provided for, or being a judge of election shall wilfully miscount the ballots cast or shall wilfully make false certificate of the number of votes received by each candidate, or otherwise falsely certify election results; or any canvassing officer who shall wilfully falsely canvass and declare the results of said canvass, and any director or secretary of the board of directors who shall wilfully refuse to perform the duties upon him imposed by this act, shall be deemed guilty of a felony and upon conviction shall be punished by imprisonment for not less than one year or more than five years or by fine not to exceed $5000, or both such fine and imprisonment within the discretion of the court.
N.M. Stat. § 14-3-11 — NM_STATUTES Code / Chapter 14 / Article 3 / Section 14-3-11
§ 14-3-11. Destruction of records
Status: in_force

If it is determined by the administrator, attorney general and agency head that destruction of records will be recommended, the administrator shall have prepared a list of records, together with a brief description of their nature, and shall place upon the agenda of the next meeting of the commission the matter of destruction of the records. The records may be stored in the center awaiting decision of the commission.

The commission's decision with reference to destruction of the records shall be entered on its minutes, together with the date of its order to destroy the records and a general description of the records which it orders to be destroyed. A copy of the commission's order shall be filed with the librarian of the supreme court library.

No public records shall be destroyed if the law prohibits their destruction.
N.M. Stat. § 53-5-8 — NM Code / Chapter 53 / Article 5 / Section 53-5-8
§ 53-5-8. Secretary of state may furnish forms; release of information; penalty
Status: in_force

A. The public regulation commission [secretary of state] may, upon application, furnish the necessary blank forms used in the preparation of the annual corporate reports.

B. The public regulation commission [secretary of state] shall provide pursuant to the provisions of the Public Records Act for the retention, storage and destruction of annual corporate reports filed with the commission [secretary of state].

C. Information obtained from reports filed pursuant to the provisions of the Corporate Reports Act shall be made available to interested persons during proper hours, except that data contained in Paragraph (2) of Subsection A of Section 53-5-2 NMSA 1978 shall not be released unless in statistical form classified to prevent identification of particular corporations.

D. All reports required under the Corporate Reports Act may be used as evidence at any trial or hearing of the public regulation commission.

E. All reports required under the Corporate Reports Act shall be made available to the revenue processing division of the taxation and revenue department upon written request and the revenue processing division shall be subject to the same restrictions upon revealing the information as are imposed by this section upon the public regulation commission [secretary of state].

F. Any other state agency or department or United States agency or department upon written request to the public regulation commission [secretary of state] may examine reports filed with the commission [secretary of state] upon a showing that the corporate reports sought to be examined are germane to an investigation being conducted by the petitioning agency or department, and any information revealed is subject to Subsection G of this section.

G. Any person who releases information contrary to the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars ($1,000) nor less than one hundred dollars ($100) or by imprisonment in the county jail not more than ninety days nor less than thirty days or by both fine and imprisonment in the discretion of the judge.
N.M. Stat. § 19-7-56 — NM_STATUTES Code / Chapter 19 / Article 7 / Section 19-7-56
§ 19-7-56. Preference right of municipality, county or school district; payment for prior improvements
Status: in_force

Any such municipality, county or school district, shall at all times have a preference right to lease said state lands, and the commissioner of public lands shall prefer the application of said municipality, county or school district over any other application for lease upon the same land. Provided, nevertheless, that before any such lease is granted the lessee shall be required to pay the reasonable value of any improvements placed upon said state lands by a former lessee for the use of the owner of said improvements.
N.M. Stat. § 29-3B-4 — NM 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. § 44-8-3 — NM Code / Chapter 44 / Article 8 / Section 44-8-3
§ 44-8-3. Definitions
Status: in_force

As used in the Receivership Act:

A. “applicant” means an interested person who seeks the appointment of a receiver;

B. “business entity” means a sole proprietorship, a profit or nonprofit corporation, a general or limited partnership, business trust, joint venture or other enterprise composed of one or more persons or entities;

C. “interested person” means any secured or unsecured creditor, a shareholder of a corporation, a general or limited partner of a partnership or a person jointly owning or interested in a receivership estate; and

D. “receivership estate” means tangible and intangible property, its proceeds, profits, substitutions, additions, fixtures and accretions for which a receiver is sought.
N.M. Stat. § 7-5-7 — NM Code / Chapter 7 / Article 5 / Section 7-5-7
§ 7-5-7. Interaudits provisions made applicable
Status: in_force

Article VIII of the Multistate Tax Compact relating to interaudits shall be in force in and with respect to New Mexico.
N.M. Stat. § 25-2-4 — NM Code / Chapter 25 / Article 2 / Section 25-2-4
§ 25-2-4. Power to enjoin violations
Status: in_force

In addition to the remedies hereinafter provided, the division is hereby authorized to apply to the district court for, and such court shall have jurisdiction upon hearing and for such cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of Section 25-2-3 NMSA 1978 , irrespective of whether or not there exists an adequate remedy at law.
N.M. Stat. § 21-7-2 — NM_STATUTES Code / Chapter 21 / Article 7 / Section 21-7-2
§ 21-7-2. Object
Status: in_force

The object of the university shall be to provide the inhabitants of the state of New Mexico with the means of acquiring a thorough knowledge of the various branches of literature, science and arts.
N.M. Stat. § 30-9-18 — NM Code / Chapter 30 / Article 9 / Section 30-9-18
§ 30-9-18. Alleged victims who are under thirteen years of age; psychological evaluation
Status: in_force

In any prosecution for criminal sexual penetration or criminal sexual contact of a minor, if the alleged victim is under thirteen years of age, the court may hold an evidentiary hearing to determine whether to order a psychological evaluation of the alleged victim on the issue of competency as a witness. If the court determines that the issue of competency is in sufficient doubt that the court requires expert assistance, then the court may order a psychological evaluation of the alleged victim, provided however, that if a psychological evaluation is ordered it shall be conducted by only one psychologist or psychiatrist selected by the court who may be utilized by either or both parties; further provided that if the alleged victim has been evaluated on the issue of competency during the course of investigation by a psychologist or psychiatrist selected in whole or in part by law enforcement officials, the psychological evaluation, if any, shall be conducted by a psychologist or psychiatrist selected by the court upon the recommendation of the defense.
N.M. Stat. § 16-5-7 — NM_STATUTES Code / Chapter 16 / Article 5 / Section 16-5-7
§ 16-5-7. Commission powers
Status: in_force

The Cumbres and Toltec scenic railroad commission shall have all powers necessary to effectuate the provisions of the Cumbres and Toltec Scenic Railroad Compact.
N.M. Stat. § 31-15-10 — NM Code / Chapter 31 / Article 15 / Section 31-15-10
§ 31-15-10. Duties of district public defender
Status: in_force

A. Under the supervision and control of the chief, each district public defender shall administer the operation of the department office within his district.

B. The district public defender or the chief may authorize the representation of a person who is without counsel and who is financially unable to obtain counsel when that person is under investigation for allegedly committing murder or any other felony criminal offense.

C. The district public defender shall represent every person without counsel who is financially unable to obtain counsel and who is charged in any court within the district with any crime that carries a possible sentence of imprisonment. The representation shall begin not later than the time of the initial appearance of the person before any court and shall continue throughout all stages of the proceedings against him, including any appeal, as directed by the chief.

D. The district public defender shall represent any person within the district who is without counsel and who is financially unable to obtain counsel in any state postconviction proceeding.

E. The district public defender shall notify the chief if, for any reason, he is unable to represent a person entitled to his representation, and the chief shall make provision for representation.

F. The district public defender may confer with any person who is not represented by counsel and who is being forcibly detained.
N.M. Stat. § 28-10-5 — NM_STATUTES Code / Chapter 28 / Article 10 / Section 28-10-5
§ 28-10-5. Disability fund created
Status: in_force

A. There is created in the state treasury a “disability fund”. All funds, gifts, donations, bequests and other income of the governor's commission on disability shall be deposited by the director of the commission in the fund and shall be appropriated to the commission to further the purpose of Sections 28-10-1 through 28-10-8.1 NMSA 1978 or for the purposes stated by the donor or grantor of the funds.

B. Distributions made to the disability fund from the housing modification for persons with a disability permanent fund shall constitute a separate account in the fund and are appropriated to the governor's commission on disability for the purpose of carrying out a residential accessibility modification program.

C. Money in the disability fund shall not revert but shall be used only as provided in Sections 28-10-1 through 28-10-8.1 NMSA 1978 .
N.M. Stat. § 21-29-4 — NM Code / Chapter 21 / Article 29 / Section 21-29-4
§ 21-29-4. Department powers and duties; contracts
Status: in_force

A. The commission [department] may:

(1) arrange with other agencies for the performance of services required by the provisions of Section 3 of the WICHE Loan for Service Act;

(2) sue in its own name for any balance due the state from a student on a contract;

(3) cancel a contract made between it and a student for a reasonable cause deemed sufficient by the commission [department]; and

(4) adopt regulations to implement the provisions of the WICHE Loan for Service Act.

B. The commission [department] shall make an annual report to the governor and the legislature prior to the regular session of its activities pursuant to the WICHE Loan for Service Act, including loans granted and paid back or fulfilled through the practice of a profession in New Mexico; a list of the schools or colleges attended by those receiving loans; and any other information the commission [department] deems pertinent.

C. The general form of the contract provided for in Section 3 of the WICHE Loan for Service Act shall be prepared and approved by the attorney general and signed by the student and a designee of the commission [department] on behalf of the state.
N.M. Stat. § 17-2-31 — NM Code / Chapter 17 / Article 2 / Section 17-2-31
§ 17-2-31. Use of artificial light while hunting prohibited
Status: in_force

It is unlawful for a person or a group of persons together in possession or control of a firearm or other implement to throw or cast the rays of a spotlight or other artificial light into any field, pasture, woodland, forest or prairie where big game or domestic livestock may be, or are reasonably expected to be, whereby any big game animal or domestic animal could be killed by aid of an artificial light. However, the following shall be exempt from the provisions of this section:

A. an officer authorized to enforce the game and livestock laws of the state;

B. a government employee acting in an official capacity;

C. a landowner or lessee or employee of such landowner or lessee, while on the land owned or leased in connection with legitimate activities; or

D. a person who has received a permit or authorization from the department of game and fish to conduct such activities.
N.M. Stat. § 19-4-27 — NM_STATUTES Code / Chapter 19 / Article 4 / Section 19-4-27
§ 19-4-27. Conveyances; payment of costs
Status: in_force

Before said corporate authorities, through commissioners hereinafter provided in this chapter, or probate judge, shall be required to execute and deliver any deed of conveyance to any person or persons claiming to be entitled to said lands and deed, such person or persons shall pay to him or them, through said commissioners, the sum of money chargeable on the portion to be conveyed according to the statement or account mentioned in Section 19-4-26 NMSA 1978; and in case when the trust is held by corporate authorities, such additional sum as said corporate authorities may charge for the same, not exceeding five dollars [($5.00)] for each five thousand square feet of such lands, and the further sum of one dollar [($1.00)] for the execution and acknowledging of the deed, together with the sum of twenty-five cents [($.25)] for attestation, with the seal of the town, by the town clerk. When the land is entered by a probate judge of the county court, deeds shall be signed by such probate judge, or his successor in office, under his private seal or scroll, and such probate judge of the county court shall receive the sum of one dollar [($1.00)] for each and every lot, piece or parcel thereof so conveyed in addition to the several sums as prescribed in Section 19-4-26 NMSA 1978 , to be paid by the person or persons claiming to be entitled to such deed or conveyance.
N.M. Stat. § 34-6-7 — NM_STATUTES Code / Chapter 34 / Article 6 / Section 34-6-7
§ 34-6-7. Judges; fourth judicial district
Status: in_force

There shall be three district judges in the fourth judicial district.
N.M. Stat. § 34-6-25 — NM Code / Chapter 34 / Article 6 / Section 34-6-25
§ 34-6-25. Operation; seal
Status: in_force

The district court of each county shall have a seal with the name of the court on the margin. The seal shall be kept by the district court clerk and used to authenticate documents from his office.