FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 28-1-5 — NM Code / Chapter 28 / Article 1 / Section 28-1-5
§ 28-1-5. Procedures for adopting regulations
Status: repealed

A. The secretary may adopt, promulgate, amend and repeal rules and regulations to carry out the provisions of the Human Rights Act.

B. No rule or regulation of general application may be adopted, amended or repealed without a public hearing before the secretary or his designee.

C. The public hearing shall be in Santa Fe, and notice of the subject, time and place of the meeting, the manner in which interested persons may present their views and the method by which copies of the proposed rule, regulation or amendment may be obtained shall be:

(1) published in each county at least thirty days prior to the hearing date in a newspaper of general circulation; and

(2) mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of the hearing.

D. The secretary shall allow all interested persons a reasonable opportunity to submit arguments and to examine witnesses testifying at the hearing.

E. The secretary may designate a hearing officer to take evidence at the hearing.

F. Any person appearing or represented at the hearing shall be given written notice of the secretary's action on the proposed rule, regulation, amendment or repeal.

G. No rule, regulation, amendment or repeal shall become effective until thirty days after its filing.
N.M. Stat. § 19-7-35 — NM Code / Chapter 19 / Article 7 / Section 19-7-35
§ 19-7-35. Cancellation or forfeiture of agricultural or grazing leases restricted; sale of leased land
Status: in_force

That no lease of state lands for agricultural or grazing purposes shall be canceled or forfeited by the commissioner of public lands, before the expiration of the full term thereof, without the written consent of the lessee, except for fraud, collusion, mutual mistake or default of the lessee, and the right to cancel or forfeit such lease without cause, based on any agreement or consent contained in such lease is hereby waived. All sales of state lands embraced within such lease shall be made subject to all the terms and provisions thereof, except the right of the lessee to a renewal at the end of the term. Provided that nothing in this section shall prevent the commissioner from granting rights-of-way and easements over, across or upon the land embraced in the lease for public highways, railroads, tramways, telegraph, telephone and power lines, irrigation works, mining, logging and business leases.
N.M. Stat. § 7-14-9.1 — NM Code / Chapter 7 / Article 14 / Section 7-14-9.1
§ 7-14-9.1. Protests
Status: in_force

A. Any person upon whom a penalty is imposed by the Motor Vehicle Excise Tax Act may protest the imposition of the penalty in accordance with the provisions of Sections 7-1-24 and 7-1-25 NMSA 1978 .

B. Any person whose claim for refund of motor vehicle excise tax is denied in whole or in part may protest the denial in accordance with the provisions of Sections 7-1-24 and 7-1-25 NMSA 1978 .
N.M. Stat. § 3-20-3 — NM Code / Chapter 3 / Article 20 / Section 3-20-3
§ 3-20-3. Contents of plat; acknowledgment
Status: in_force

Every plat shall contain a statement that the subdivision of, [(]insert a correct description of the land being subdivided[)], appearing on the plat is with the free consent and in accordance with the desire of the undersigned owner and proprietor of the land and shall be acknowledged by the owner and proprietor or his authorized agent in the manner required for the acknowledgment of deeds. If the plat is filed by a corporation, the acknowledgment shall be made by its president and secretary.
N.M. Stat. § 6-17-6 — NM Code / Chapter 6 / Article 17 / Section 6-17-6
§ 6-17-6. Sale of income-producing project bonds; interest and retirement fund; separation of units
Status: in_force

No bonds or other evidence of indebtedness authorized hereunder shall be sold for less than the par value thereof, plus accrued interest, and the proceeds from sale of all of said bonds and all money otherwise borrowed hereunder shall be paid to such county, independent rural, union high and municipal board of education or board of regents of said institution and by the treasurer thereof placed in a separate fund to be used and paid out only for the specific purposes for which the same is borrowed, and any amount left after erecting or purchasing any such building, improvement or facility or making any such improvement for which said money is borrowed shall be converted into the “interest and retirement fund” hereinafter created; but all costs incident to issuing and selling any bonds, or otherwise borrowing any such money, the making and delivering of any other certificate or evidence of indebtedness, including legal expense, may be paid out of the money borrowed and provided for herein; and the county, independent rural, union high and municipal board of education or board of regents of such institution at the time of issuing any bonds or other evidence of indebtedness shall establish for the payment of the principal and interest of such bonds or the repayment of all money otherwise borrowed a separate fund to be known as “interest and retirement fund,” into which fund shall be placed all net income from the use of any such building, facility or improvement erected, purchased or made with the money so borrowed, and the money so placed in said fund shall be used for the sole purpose of repaying the principal and interest of the money so borrowed, with any necessary service charges; and the issuance of any such bonds and other evidence of indebtedness shall constitute an irrevocable pledge of said county, independent rural, union high and municipal board of education or board of regents of all net income from the use of such building, facility and improvement for which such money was borrowed; provided, each separate building or group of buildings, facility and income-producing improvement erected or purchased and made hereunder shall be a separate unit and all net income therefrom used solely for the repayment of the money borrowed therefor, used in erecting or purchasing such building or facility and making such improvement.
N.M. Stat. § 53-19-55 — NM Code / Chapter 53 / Article 19 / Section 53-19-55
§ 53-19-55. Service of process
Status: in_force

Service of process in any action against a foreign limited liability company, whether or not registered in accordance with the provisions of the Limited Liability Company Act, shall be made in the manner prescribed by law and the New Mexico Rules of Civil Procedure.
N.M. Stat. § 6-24-17 — NM Code / Chapter 6 / Article 24 / Section 6-24-17
§ 6-24-17. Disclosure of odds
Status: in_force

The authority shall make adequate disclosure of the odds with respect to each lottery game by stating the odds in lottery game advertisements or by posting the odds at each place in which lottery tickets are sold.
N.M. Stat. § 14-4A-6 — NM Code / Chapter 14 / Article 4A / Section 14-4A-6
§ 14-4A-6. Periodic review of rules
Status: repealed

A. By July 1, 2010, each agency shall have reviewed all of its rules that existed on the effective date of the Small Business Regulatory Relief Act to determine whether the rules should be continued without change or should be amended or repealed to minimize the economic impact of the rules on small businesses, subject to compliance with the stated objectives of the laws pursuant to which the rules were adopted.

B. Rules adopted and promulgated after the effective date of the Small Business Regulatory Relief Act shall be reviewed every five years to ensure that they continue to minimize economic impacts on small businesses while implementing the state objectives of the laws pursuant to which the rules were adopted.

C. In reviewing its rules to minimize economic impacts on small businesses, an agency shall consider the following factors:

(1) continued need for the rule;

(2) the nature of complaints or comments received from the public concerning the rule;

(3) the complexity of the rule;

(4) the extent to which the rule overlaps, duplicates or conflicts with other federal, state and local government rules; and

(5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions or other factors have changed in the topical area affected by the rule.
N.M. Stat. § 4-48A-20 — NM_STATUTES Code / Chapter 4 / Article 48A / Section 4-48A-20
§ 4-48A-20. Hospital revenue bonds; authority to issue; pledge of revenues
Status: in_force

A. A special hospital district may issue revenue bonds pursuant to the Special Hospital District Act for the purposes of:

(1) constructing, acquiring or purchasing a hospital facility for the special hospital district;

(2) equipping, furnishing, remodeling or renovating a hospital facility owned or operated by the special hospital district; or

(3) purchasing or acquiring real property deemed necessary to the construction, operation or maintenance of a hospital facility owned or operated by the special hospital district.

B. The special hospital district may pledge irrevocably all or a portion of the revenues derived from the ownership and operation of a hospital facility and revenues derived from the leasing of or other contractual arrangement for the operation of a hospital facility for the payment of principal of and interest on such revenue bonds.

C. For the purpose of the Special Hospital District Act, “equipping” or “re-equipping” means the purchase or lease of property of a character subject to the allowance for depreciation under the Internal Revenue Code of 1954 § 167 and regulations promulgated thereunder, as amended.
N.M. Stat. § 73-2-4 — NM Code / Chapter 73 / Article 2 / Section 73-2-4
§ 73-2-4. Preference right for irrigation; obstruction
Status: in_force

No inhabitant of this state shall have the right to construct any building of the impediment of the irrigation of lands or fields, such as mills or any other property that may obstruct the course of the water; as the irrigation of the fields should be preferable to all others.
N.M. Stat. § 60-13-18 — NM Code / Chapter 60 / Article 13 / Section 60-13-18
§ 60-13-18. Licenses; renewal
Status: in_force

A. Licenses issued by the division are not transferable.

B. Contractor's licenses shall expire two years after the issuance date or as determined by the division, but in no instance less than one year, and shall be renewable upon application to the division and payment of the prescribed renewal fee; provided that nothing in this subsection shall prohibit the division from establishing a staggered system of license expiration and a procedure for proration of fees for licenses issued for less than the two-year period or other period provided by the division pursuant to this subsection.

C. Licenses shall expire upon the date established by regulation of the commission, such regulation to provide for a staggered system of license expiration and for proration of fees for licenses issued for less than a full year. Thereafter, such licenses shall be issued for a period of two years or as otherwise provided by the division pursuant to Subsection B of this section. Except as provided in Section 4 of this 2021 act, licenses and certificates shall be subject to renewal upon application to the division and payment of the prescribed renewal fee.

D. Licensees and journeyman certificate holders may be required to complete and submit proof of continuing education as a prerequisite for renewal of a license. When required by rule adopted by the division, an applicant for a license renewal must submit with the application for license renewal proof of eight hours of instruction in code change and eight hours of instruction in other industry-related and division-approved subjects. The sixteen hours of continuing education must have been completed within the three years prior to the date of the license renewal application.

E. The director shall, at least thirty days prior to the expiration date of a license, notify the licensee of the approaching expiration. Notice shall be given by mail addressed to the licensee's last address on file with the division. The notice shall include a renewal application form, instructions and any other information prescribed by the division.

F. Failure of a licensee to make application for the renewal of the licensee's license, to furnish such other information required by the commission and, if required, to pay the prescribed renewal fee by the last working day prior to the expiration of the license shall cause the license to be suspended by operation of law.

G. Unless the license is renewed within a three-month period, it shall be canceled. The suspended license may be renewed only after payment of a fee equal to one dollar ($1.00) for each day, up to thirty days, that has elapsed since the expiration date of the license and thereafter for a fee equal to twice the amount of the renewal fee.
N.M. Stat. § 73-16-8 — NM Code / Chapter 73 / Article 16 / Section 73-16-8
§ 73-16-8. Bonds tax exempt
Status: in_force

All bonds issued by any district pursuant to this act shall be exempt from all state, county, municipal, school and other taxes imposed by any taxing authority of the state of New Mexico.
N.M. Stat. § 16-4-11 — NM Code / Chapter 16 / Article 4 / Section 16-4-11
§ 16-4-11. Definitions
Status: in_force

As used in the Rio Grande Valley State Park Act:

A. “conservancy district” means the middle Rio Grande conservancy district;

B. “operating party” means the party designated by the secretary to manage the state park; and

C. “secretary” means the secretary of energy, minerals and natural resources.
N.M. Stat. § 40-14-11 — NM Code / Chapter 40 / Article 14 / Section 40-14-11
§ 40-14-11. Appointment of attorney for incompetent adoptee
Status: in_force

Upon motion of any party, or upon the court's own motion, the court may appoint an attorney for an adoptee whom the court finds to be incompetent. Payment for the appointed attorney shall be assessed against the parties in the court's discretion.
N.M. Stat. § 29-15-5 — NM_STATUTES Code / Chapter 29 / Article 15 / Section 29-15-5
§ 29-15-5. Custodian or immediate family member request for information
Status: in_force

A. Upon written or oral request to a law enforcement agency by a custodian or immediate family member of a missing person, the law enforcement agency shall immediately request from the clearinghouse information concerning the missing person that may aid the custodian or immediate family member in the identification or location of the missing person.

B. A law enforcement agency to which a request has been made pursuant to Subsection A of this section shall report to the custodian or immediate family member on the results of its inquiry to the clearinghouse within seven calendar days after the day the request is received by the law enforcement agency, or as soon as the results of its inquiry become available, whichever occurs last.

C. A law enforcement agency shall not report to a custodian or immediate family member pursuant to Subsection B of this section if the missing person is not a minor, has been found and has informed a law enforcement agency or the clearinghouse that the person requests confidentiality regarding the person's status and location. If the missing person who requests confidentiality regarding the person's status and location is a person with a custodian appointed by a judge, the law enforcement agency shall inform the court that the person has been found and has requested confidentiality regarding the person's status and location. A law enforcement agency shall also report to the custodian that the person has been found unless there is competent evidence that to do so may cause harm to the incapacitated person.

D. The Inspection of Public Records Act shall not apply to a request to inspect records regarding a person who has requested confidentiality pursuant to Subsection C of this section.
N.M. Stat. § 60-13-10 — NM Code / Chapter 60 / Article 13 / Section 60-13-10
§ 60-13-10. Additional division duties; flood or mudslide areas; standards
Status: in_force

In addition to the division's other duties, on or before January 1, 1976 the division shall, with the approval of the commission, issue regulations prescribing standards for the installation or use of electrical wiring, the installation of fixtures, plumbing, consumers' gas pipe and appliances and materials installed in the course of mechanical installation and the construction, alteration or repair of all buildings, improvements, modular homes, premanufactured homes and manufactured commercial units intended for use in flood or mudslide areas designated pursuant to Section 3-18-7 NMSA 1978 . Such regulations shall give due regard to standards prescribed by the federal insurance administration pursuant to Regulation 1910, Subsection 7(d), 79 Stat. 670, Section 1361, 82 Stat. 587 and 82 Stat. 575, all as amended, and shall give due regard to physical, climatic and other conditions peculiar to New Mexico.
N.M. Stat. § 1-12-5 — NM_STATUTES Code / Chapter 1 / Article 12 / Section 1-12-5
§ 1-12-5. Conduct of election; state police; other peace officers
Status: in_force

A. Any member of the state police or other peace officer may enter a polling place upon request for the purpose of observing the conduct of the election.

B. No member of the state police or other peace officer shall interfere in any way with a member of the precinct board, a voter or the conduct of the election, except to assist in maintaining order and orderly control of access when requested by the presiding judge or an election judge.

C. Any member of the state police or other peace officer violating Subsection B of this section is guilty of a petty misdemeanor and in addition to any other penalty provided by law shall be subject to dismissal and is ineligible for reinstatement.
N.M. Stat. § 47-8-4 — NM Code / Chapter 47 / Article 8 / Section 47-8-4
§ 47-8-4. Principles of law and equity
Status: in_force

Unless displaced by the provisions of the Uniform Owner-Resident Relations Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, equitable abatement, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.
N.M. Stat. § 6-4-14 — NM Code / Chapter 6 / Article 4 / Section 6-4-14
§ 6-4-14. Short title
Status: in_force

Sections 6-4-14 through 6-4-24 NMSA 1978 may be cited as the “Tobacco Escrow Fund Act”.
N.M. Stat. § 6-6-6 — NM Code / Chapter 6 / Article 6 / Section 6-6-6
§ 6-6-6. Approved budgets; claims or warrants in excess of budget; liability
Status: in_force

When any budget for a local public body has been approved and received by a local public body, it is binding upon all officials and governing authorities, and no governing authority or official shall allow or approve claims in excess thereof, and no official shall pay any check or warrant in excess thereof, and the allowances or claims or checks or warrants so allowed or paid shall be a liability against the officials so allowing or paying those claims or checks or warrants, and recovery for the excess amounts so allowed or paid may be had against the bondsmen of those officials.
N.M. Stat. § 6-14-1 — NM Code / Chapter 6 / Article 14 / Section 6-14-1
§ 6-14-1. Short title
Status: in_force

Sections 6-14-1 through 6-14-3 NMSA 1978 may be cited as the “Public Securities Act.”
N.M. Stat. § 53-18-3 — NM Code / Chapter 53 / Article 18 / Section 53-18-3
§ 53-18-3. Issuance of certificate of good standing and compliance
Status: in_force

The secretary of state may issue a certificate of good standing and compliance if the corporation requesting the certificate has paid all fees due at the time of the request.
N.M. Stat. § 10-11-26.5 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-26.5
§ 10-11-26.5. State general member coverage plan 3; member contribution rate
Status: in_force

A member under state general member coverage plan 3 shall contribute seven and forty-two hundredths percent of salary starting with the first full pay period that ends within the calendar month in which state general member coverage plan 3 becomes applicable to the member, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute:

A. beginning July 1, 2020 and continuing through June 30, 2021, nine and forty-two hundredths percent of salary;

B. beginning July 1, 2021 and continuing through June 30, 2022, nine and ninety-two hundredths percent of salary;

C. beginning July 1, 2022 and continuing through June 30, 2023, ten and forty-two hundredths percent of salary; and

D. beginning July 1, 2023 and thereafter, ten and ninety-two hundredths percent of salary.
N.M. Stat. § 61-24B-9.1 — NM Code / Chapter 61 / Article 24B / Section 61-24B-9.1
§ 61-24B-9.1. Inactive status
Status: in_force

A certificate of registration in good standing may be transferred to inactive status upon written request to the board and payment of an annual inactive status fee set by the board. The request shall be made prior to expiration of the certificate of registration. The registrant shall not practice in New Mexico during the time the certificate of registration is inactive. A registrant may reactivate his certificate of registration upon submission of a renewal form provided by the board, the payment of the annual renewal fee for the current year, proof of continuing education units for the period of inactive status and any additional proof of competency required by the board.
N.M. Stat. § 26-1-26 — NM_STATUTES Code / Chapter 26 / Article 1 / Section 26-1-26
§ 26-1-26. Penalties
Status: in_force

A. Any person who knowingly violates any of the provisions of Subsection A , B , C , F , G or H of Section 26-1-3 , Section 26-1-14 , 26-1-16 , 26-1-22 or 26-1-23 NMSA 1978 is guilty of a fourth degree felony and shall be punished by a fine of not less than one thousand dollars ($1,000) or more than five thousand dollars ($5,000) or by imprisonment for not less than one year or both.

B. Except as provided in Subsection A of this section, any person violating any of the provisions of the New Mexico Drug, Device and Cosmetic Act is guilty of a misdemeanor for the first offense and for second and subsequent offenses is guilty of a fourth degree felony.
N.M. Stat. § 3-14-13 — NM_STATUTES Code / Chapter 3 / Article 14 / Section 3-14-13
§ 3-14-13. Manager; employment; qualifications; salary
Status: in_force

The manager shall be the chief administrative officer. He shall be employed for an indefinite term and until a vacancy is created by death, resignation or removal by the commission. The manager shall be appointed solely on the basis of administrative qualifications and his selection shall not be limited by reason of former residence. The manager shall receive a salary to be fixed by the commission.
N.M. Stat. § 10-11B-5 — NM Code / Chapter 10 / Article 11B / Section 10-11B-5
§ 10-11B-5. Firefighters' survivors supplemental benefits; review committee; determination; payment
Status: in_force

A. There is created the “firefighters' survivors supplemental death benefits review committee”. The committee shall consist of the attorney general or the attorney general's designee and the fire services council.

B. The firefighters' survivors supplemental death benefits review committee shall determine whether a firefighter has been killed in the line of duty and advise the state fire marshal of that determination. In addition to any other death benefits provided by law, the surviving spouse or children shall be paid one million dollars ($1,000,000) as supplemental death benefits whenever a firefighter is killed in the line of duty. The benefits shall be paid from the fund.

C. The benefits shall be paid entirely to the surviving spouse. If there is no surviving spouse, the benefits shall be distributed in pro rata shares to all surviving children. If there are no surviving children or spouse, benefits shall be distributed to the surviving parents of the firefighter.