FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 46-14-5 — NM Code / Chapter 46 / Article 14 / Section 46-14-5
§ 46-14-5. Exclusions
Status: in_force

A. As used in this section, “ power of appointment ” means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in, or another power of appointment over, trust property.

B. The Uniform Directed Trust Act does not apply to a:

(1) power of appointment;

(2) power to appoint or remove a trustee or trust director;

(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

(a) the beneficiary; or

(b) another beneficiary represented by the beneficiary under Sections 46A-3-301 through 46A-3-305 NMSA 1978 with respect to the exercise or nonexercise of the power; or

(5) power over a trust if:

(a) the terms of the trust provide that the power is held in a nonfiduciary capacity; and

(b) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code of 1986, as amended, and regulations issued thereunder, as amended.

C. Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in, or power of appointment over, trust property that is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.
N.M. Stat. § 7-1-16 — NM Code / Chapter 7 / Article 1 / Section 7-1-16
§ 7-1-16. Delinquent taxpayer
Status: in_force

A. Except as provided in Subsection D of this section, any taxpayer to whom taxes have been assessed as provided in Section 7-1-17 NMSA 1978 or upon whom demand for payment has been made as provided in Section 7-1-63 NMSA 1978 who does not within ninety days after the date of assessment or demand for payment make payment of the undisputed amount, protest the assessment or demand for payment as provided by Section 7-1-24 NMSA 1978 or furnish security for payment as provided by Section 7-1-54 NMSA 1978 becomes a delinquent taxpayer and remains such until:

(1) payment of the total amount of all such taxes is made;

(2) security is furnished for payment; or

(3) no part of the assessment remains unabated.

B. Any taxpayer who fails to provide security as required by Subsection D of Section 7-1-54 NMSA 1978 shall be deemed to be a delinquent taxpayer.

C. If a taxpayer files a protest as provided in Section 7-1-24 NMSA 1978 , the taxpayer nevertheless becomes a delinquent taxpayer upon failure of the taxpayer to appear, in person or by authorized representative, at the hearing set or upon failure to perfect an appeal from any decision or part thereof adverse to the taxpayer to the next higher appellate level, as provided in that section, unless the taxpayer makes payment of the total amount of all taxes assessed and remaining unabated or furnishes security for payment.

D. A taxpayer does not become a delinquent taxpayer if the taxpayer has been issued an assessment as a result of a managed audit but is still within the allowed time period to pay the tax due as specified in Paragraph (4) of Subsection A of Section 7-1-67 NMSA 1978 .
N.M. Stat. § 10-11-61 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-61
§ 10-11-61. Municipal police member coverage plan 1; affiliated public employer contribution rate
Status: in_force

The affiliated public employer shall contribute the following percentages of the salary of each member it employs and who is covered under municipal police member coverage plan 1:

A. prior to July 1, 2022, ten and sixty-five hundredths percent of salary;

B. beginning July 1, 2022 and continuing through June 30, 2023, eleven and fifteen-hundredths percent of salary;

C. beginning July 1, 2023 and continuing through June 30, 2024, eleven and sixty-five hundredths percent of salary;

D. beginning July 1, 2024 and continuing through June 30, 2025, twelve and fifteen-hundredths percent of salary; and

E. beginning July 1, 2025 and thereafter, twelve and sixty-five hundredths percent of salary.
N.M. Stat. § 21-22B-1 — NM Code / Chapter 21 / Article 22B / Section 21-22B-1
§ 21-22B-1. Short title
Status: in_force

Chapter 21, Article 22B NMSA 1978 may be cited as the “Nursing Student Loan for Service Act”.
N.M. Stat. § 31-4-7 — NM Code / Chapter 31 / Article 4 / Section 31-4-7
§ 31-4-7. Issue of governor's warrant of arrest; its recitals
Status: in_force

If the governor decides that the demand should be complied with, he shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom he may think fit to entrust with the execution thereof. The warrant must substantially recite the facts necessary to the validity of its issuance.
N.M. Stat. § 9-3-4 — NM Code / Chapter 9 / Article 3 / Section 9-3-4
§ 9-3-4. Secretary of corrections; appointment
Status: in_force

A. The chief executive and administrative officer of the department is the “secretary of corrections.” The secretary shall be appointed by the governor with the consent of the senate. The secretary shall hold that office at the pleasure of the governor and shall serve in the executive cabinet.

B. An appointed secretary shall serve and have all of the duties, responsibilities and authority of that office during the period of time prior to final action by the senate confirming or rejecting his appointment.
N.M. Stat. § 58-27-18 — NM Code / Chapter 58 / Article 27 / Section 58-27-18
§ 58-27-18. Security for bonds, notes or certificates of indebtedness
Status: in_force

The principal of and interest on any bonds, notes or other certificates of indebtedness issued pursuant to the provisions of the Border Development Act shall be secured by a pledge of the revenues out of which the bonds shall be made payable, may be secured by a mortgage, deed of trust note or other certificate of indebtedness covering all or any part of the project from which the revenues so pledged may be derived and may be secured by a pledge of any lease or installment sale agreement or other fees or revenues with respect to the project. The resolution of the authority under which bonds, notes or certificates of indebtedness are authorized to be issued or any mortgage, notes or certificates of indebtedness may contain any agreement and provisions customarily contained in instruments securing bonds, notes or certificates of indebtedness, including, without limiting the generality of the foregoing, provisions respecting the fixing and collection of all revenues from any project covered by the proceedings or mortgage, the terms to be incorporated in any lease or installment sale agreement with respect to the project, the maintenance and insurance of the project, the creation and maintenance of special funds from the revenues with respect to the project and the rights and remedies available in the event of default to the bondholders, to the trustee under a mortgage, deed of trust or trust indenture or to a lender, all as the authority deems advisable and not in conflict with the provisions of the Border Development Act; provided, however, that in making the agreements or provisions, the authority shall not have the power to obligate itself except with respect to the project and the application of the revenues from the project and shall not have the power to incur a pecuniary liability or a charge upon the state general credit or against the state taxing powers. The resolution authorizing any bonds and any mortgage securing the bonds, any note or other certificate of indebtedness may set forth the procedure and remedies in the event of default in payment of the principal of or the interest on the bond, note or certificate of indebtedness or in the performance of any agreement. No breach of any agreement shall impose any pecuniary liability upon the state or any charge upon its general credit or against its taxing powers.
N.M. Stat. § 29-11-6 — NM Code / Chapter 29 / Article 11 / Section 29-11-6
§ 29-11-6. Report
Status: in_force

By December 15 of each year, a report shall be filed with the governor and the legislative council by the administrator concerning all aspects of the sexual crimes prosecution and treatment program and specifically the administrator's conclusions and recommendations regarding the effectiveness of the sexual crimes prosecution and treatment program implemented throughout the state.
N.M. Stat. § 22-8E-2 — NM_STATUTES Code / Chapter 22 / Article 8E / Section 22-8E-2
§ 22-8E-2. Definition
Status: in_force

As used in the Charter School District Act of 2005, “ charter school district ” means an existing school district that operates under a charter approved by the department, that is nonreligious, that does not charge tuition and that does not have admission requirements in addition to those found in the Public School Code.
N.M. Stat. § 3-7-6 — NM_STATUTES Code / Chapter 3 / Article 7 / Section 3-7-6
§ 3-7-6. Annexation; arbitration; creation of board
Status: in_force

After the adoption and filing of a plat as required in Section 3-7-5 NMSA 1978 , a board of arbitration shall be created which shall have seven members. Three of the members shall be selected as provided in Section 3-7-7 NMSA 1978; three of the members shall be selected as provided in Section 3-7-8 NMSA 1978; and one member shall be selected as provided in Section 3-7-9 NMSA 1978 .
N.M. Stat. § 61-8-6 — NM Code / Chapter 61 / Article 8 / Section 61-8-6
§ 61-8-6. Board and committee organization; meetings; compensation; powers and duties
Status: in_force

A. The committee shall hold meetings in a frequency necessary to conduct business and shall meet at the request of the board. Meetings of the committee shall be subject to the Open Meetings Act.

B. Members of the committee are entitled to reimbursement as provided in the Per Diem and Mileage Act, but shall receive no other compensation, perquisite or allowance.

C. The board, with the advice of the committee, shall:

(1) administer and enforce the provisions of the Podiatry Act;

(2) promulgate, in accordance with the State Rules Act, all rules for the implementation and enforcement of the provisions of the Podiatry Act;

(3) adopt and use a seal;

(4) conduct hearings, administer oaths and take testimony on matters within the board's jurisdiction;

(5) keep an accurate record of its meetings, receipts and disbursements;

(6) keep records of the name, address and license number of licensed podiatric physicians together with a record of license renewals, suspensions and revocations;

(7) grant, deny, renew, suspend or revoke licenses to practice podiatry or take other actions provided in Section 61-1-3 NMSA 1978 in accordance with the provisions of the Uniform Licensing Act for any cause stated in the Podiatry Act;

(8) promulgate rules setting standards of preliminary and professional qualifications for the practice of podiatry;

(9) promulgate rules for the examination, licensure and regulation of podiatric assistants. The rules shall include definitions and limitations on the practice of podiatric assistants, qualifications for applicants for licensure, an initial license fee in an amount not to exceed two hundred fifty dollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the regulation of podiatric assistants and provisions for the suspension or revocation of licenses;

(10) determine by rule all qualifications and requirements for applicants seeking licensure as podiatric physicians or podiatric assistants;

(11) promulgate rules for the examination and licensure as foot and ankle radiation technologists, which shall include definitions and limitations on the practice of foot and ankle radiation technologists, qualifications for applicants for licensure, an initial license fee in an amount not to exceed two hundred fifty dollars ($250) and a renewal fee not to exceed one hundred dollars ($100) per year, provisions for the regulation of foot and ankle radiation technologists and provisions for the suspension or revocation of licenses; and

(12) require fingerprints, or other biometric identification, and other information necessary for a state and national criminal background check as a condition for licensure.
N.M. Stat. § 7-38-38.1 — NM_STATUTES Code / Chapter 7 / Article 38 / Section 7-38-38.1
§ 7-38-38.1. Recipients of revenue produced through ad valorem levies required to pay counties administrative charge to offset collection costs
Status: in_force

A. As used in this section:

(1) “ revenue ” means money for which a county treasurer has the legal responsibility for collection and which is owed to a revenue recipient as a result of an imposition authorized by law of a rate expressed in mills per dollar or dollars per thousands of dollars of net taxable value of property, assessed value of property or a similar term, including but not limited to money resulting from the authorization of rates and impositions under Subsection B and Paragraphs (1) and (2) of Subsection C of Section 7-37-7 NMSA 1978 , special levies for special purposes and benefit assessments, but the term does not include any money resulting from the imposition of taxes imposed under the provisions of the Oil and Gas Ad Valorem Production Tax Act, 1 the Oil and Gas Production Equipment Ad Valorem Tax Act 2 or the Copper Production Ad Valorem Tax Act 3 or money resulting from impositions under Paragraph (3) of Subsection C of Section 7-37-7 NMSA 1978; and

(2) “ revenue recipient ” means the state and any of its political subdivisions, including charter schools, but excluding institutions of higher education located in class A counties and class B counties having more than three hundred million dollars ($300,000,000) valuation, that are authorized by law to receive revenue.

B. Prior to the distribution to a revenue recipient of revenue received by a county treasurer, the treasurer shall deduct as an administrative charge an amount equal to one percent of the revenue received.

C. The “county property valuation fund” is created. All administrative charges deducted by the county treasurer shall be distributed to the county property valuation fund.

D. Expenditures from the county property valuation fund shall be made pursuant to a property valuation program presented by the county assessor and approved by the majority of the county commissioners.
N.M. Stat. § 1-3A-5 — NM_STATUTES Code / Chapter 1 / Article 3A / Section 1-3A-5
§ 1-3A-5. Committee; duties
Status: in_force

A. Beginning July 1, 2021, and every August 1 of each year ending in the number zero thereafter, the committee shall:

(1) no later than October 30, 2021, or as soon thereafter as practicable, and September 1 of each year ending in the number one thereafter, adopt three district plans each for:

(a) New Mexico's congressional districts;

(b) the state house of representatives;

(c) the state senate; and

(d) the other state offices required to be redistricted;

(2) hold no fewer than six public meetings that allow for virtual participation before publishing the district plans for public comment; provided that in-person meetings shall not be required if such meetings would violate a public health order;

(3) hold no fewer than six public meetings that allow for virtual participation for the purpose of adopting district plans; provided that in-person meetings shall not be required if such meetings would violate a public health order;

(4) conduct all meetings pursuant to the requirements of the Open Meetings Act; and

(5) compile, index, maintain and provide public access to the committee's record for each district plan it adopts.

B. Beginning no later than July 1, 2021, and August 1 of each year ending in the number zero thereafter, the committee may:

(1) develop and adopt procedures for public hearings; and

(2) hire staff and enter into contracts and any interagency agreements, including agreements to provide for professional technical or legal services, as necessary to accomplish the duties set forth in this section.
N.M. Stat. § 47-7C-10 — NM Code / Chapter 47 / Article 7C / Section 47-7C-10
§ 47-7C-10. Voting; proxies
Status: in_force

A. If only one of the multiple owners of a unit is present at a meeting of the association, he is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is a majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.

B. Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. A unit owner may not revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.

C. If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units:

(1) the provisions of Subsections A and B of this section apply to lessees as if they were unit owners;

(2) unit owners who have leased their units to other persons may not cast votes on those specified matters; and

(3) lessees are entitled to notice of meetings, access to records and other rights respecting those matters as if they were unit owners. Unit owners shall also be given notice, in the manner provided in Section 41 of the Condominium Act, of all meetings at which lessees may be entitled to vote.

D. No votes allocated to a unit owned by the association may be cast.
N.M. Stat. § 26-2C-5 — NM Code / Chapter 26 / Article 2C / Section 26-2C-5
§ 26-2C-5. Department of health; duties; transfer of licensing duties
Status: in_force

Except for administration of the medical cannabis registry, the power, duty and authority of the department of health related to the medical cannabis program shall be transferred to the division on the effective date of the Cannabis Regulation Act.
N.M. Stat. § 16-4-4 — NM_STATUTES Code / Chapter 16 / Article 4 / Section 16-4-4
§ 16-4-4. Designation
Status: in_force

The Chama river and its immediate corridor, from the boundary line between section 10 and 15, township 27 north, range 2 east just south of the El Vado dam downstream approximately thirty miles to where it is crossed by the U.S. forest service boundary in section 24, township 24 north, range 3 east, is designated as a scenic and pastoral river.
N.M. Stat. § 62-19-14 — NM Code / Chapter 62 / Article 19 / Section 62-19-14
§ 62-19-14. Consumer relations division
Status: in_force

A. The consumer relations division shall:

(1) receive and investigate nondocketed consumer complaints and assist consumers in resolving, in a fair and timely manner, complaints against a person under the authority of the commission, including mediation and other methods of alternative dispute resolution; provided, however, that assistance pursuant to this paragraph does not include legal representation of a private complainant in an adjudicatory proceeding;

(2) work with the consumer protection division of the attorney general's office, the governor's constituent services office and other state agencies as needed to ensure fair and timely resolution of complaints;

(3) advise the commission on how to maximize public input into commission proceedings, including ways to eliminate language, disability and other barriers;

(4) identify, research and advise the commission on consumer issues;

(5) assist the commission in the development and implementation of consumer policies and programs; and

(6) perform such other duties as prescribed by the commission.

B. All complaints received by the division with regard to quality or quantity of service provided by a regulated entity or its competitors shall be recorded by the division for the purpose of determining general concerns of consumers. A report of consumer complaints and their status shall be included in the commission's annual report.
N.M. Stat. § 24-16-4 — NM Code / Chapter 24 / Article 16 / Section 24-16-4
§ 24-16-4. Smoking prohibited
Status: in_force

A. It is unlawful for a person to smoke in any indoor workplace or indoor public place or in buses, taxicabs or other means of public transit not specifically exempted pursuant to the Dee Johnson Clean Indoor Air Act.

B. No part of the state capitol or capitol north shall be designated as a smoking-permitted area.
N.M. Stat. § 2-7F-8 — NM_STATUTES Code / Chapter 2 / Article 7F / Section 2-7F-8
§ 2-7F-8. Representative district two
Status: in_force

Representative district two is composed of San Juan county precincts 19, 20, 23 through 25, 28 through 30, 32, 33, 35 through 38, 51 through 54, 56, 82, 100 through 102 and 105.
N.M. Stat. § 17-6-2 — NM Code / Chapter 17 / Article 6 / Section 17-6-2
§ 17-6-2. Definitions
Status: in_force

As used in the Habitat Protection Act:

A. “commission” means the state game commission;

B. “cross-country” means travel over the countryside other than by road;

C. “vehicle” means any motor-powered mechanical device used for conveyance; and

D. “road” means any maintained or unmaintained right-of-way that has been utilized by the public and includes roads, streets, highways and state scenic, recreation or historical trails.