FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 24-28-3 — NM Code / Chapter 24 / Article 28 / Section 24-28-3
§ 24-28-3. State employee leave
Status: in_force

A. The person in charge of a state agency may grant a leave of absence, not to exceed twenty days, to a state agency employee for the purpose of donating an organ or bone marrow. An employee may request and use donated annual leave or sick leave for the purpose of donating an organ or bone marrow. If an employee requests donations of sick leave or annual leave but does not receive the full amount of leave needed for the donation of an organ or bone marrow, the person in charge of a state agency may grant a paid leave of absence for the remainder of the needed leave up to the maximum total of twenty workdays. The person in charge of a state agency may require verification by a physician regarding the purpose of the leave requested and information from the physician regarding the length of the leave requested. Any paid leave of absence granted pursuant to this section shall not result in a loss of compensation, seniority, annual leave, sick leave or accrued overtime for which the employee is otherwise eligible.

B. For the purposes of this section, “ state agency ” means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico.
N.M. Stat. § 22-24-5.8 — NM Code / Chapter 22 / Article 24 / Section 22-24-5.8
§ 22-24-5.8. Adequacy standards; constitutional special schools
Status: in_force

Until July 1, 2018, the council may apply the adequacy standards to the constitutional special schools on a building-by-building basis rather than the entire campus. After that time, the adequacy standards rankings shall be based on the facilities condition of the entire campus.
N.M. Stat. § 9-22-2 — NM_STATUTES Code / Chapter 9 / Article 22 / Section 9-22-2
§ 9-22-2. Purpose
Status: in_force

The purpose of the Veterans' Services Department Act is to create a unified department to administer the laws and exercise the functions formerly administered and exercised by the New Mexico veterans' service commission.
N.M. Stat. § 77-8A-10 — NM Code / Chapter 77 / Article 8A / Section 77-8A-10
§ 77-8A-10. Disposition of funds
Status: in_force

A. All funds received by the council shall be received and disbursed directly by the council. Such funds shall be audited in accordance with the provisions of the Audit Act. 1 The council is not required to submit vouchers, purchase orders or contracts to the department of finance and administration as otherwise required by Section 6-5-3 NMSA 1978 .

B. The council shall issue warrants against funds of the council in payment of its lawful obligations. The council shall provide its own warrants, purchase orders and contract forms as well as other supplies and equipment. All warrants shall be signed by a council member and one other person designated by the council.

C. The council shall designate banks where its funds are to be deposited, provided such banks have been qualified as depository banks for state funds.
N.M. Stat. § 7-3A-9 — NM_STATUTES Code / Chapter 7 / Article 3A / Section 7-3A-9
§ 7-3A-9. Interpretation of act; administration and enforcement of act; report to legislature
Status: in_force

A. The department shall interpret the provisions of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act.

B. The department shall administer and enforce the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act, and the Tax Administration Act 1 applies to the administration and enforcement of the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act.

C. No later than December 1 of each year, the department shall submit a report to the legislature showing:

(1) the total amount of taxes withheld by remitters and paid to the department during the previous calendar year pursuant to the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act; and

(2) the amount of taxes withheld by remitters pursuant to the Oil and Gas Proceeds and Pass-Through Entity Withholding Tax Act that were credited against income taxes or corporate income taxes by remittees during the previous calendar year.
N.M. Stat. § 73-16-49 — NM Code / Chapter 73 / Article 16 / Section 73-16-49
§ 73-16-49. Application of Guaranty Fund Act
Status: in_force

The provisions of this act shall apply only to conservancy districts containing 50,000 acres or more.
N.M. Stat. § 57-5A-3 — NM Code / Chapter 57 / Article 5A / Section 57-5A-3
§ 57-5A-3. Definitions
Status: in_force

As used in the Motion Picture Fair Competition Act:

A. “theater” means any establishment in which motion pictures are regularly exhibited to the public for a charge;

B. “distributor” means any person engaged in the business of distributing or supplying motion pictures to exhibitors by rental, sale or licensing;

C. “exhibitor” means any person engaged in the business of operating one or more theaters;

D. “exhibit” or “exhibition” means showing a motion picture to the public for a charge;

E. “invitation to bid” means a written or oral solicitation or invitation by a distributor to one or more exhibitors to bid or negotiate for the right to exhibit a motion picture;

F. “bid” means a written or oral offer or proposal by an exhibitor to a distributor, in response to an invitation to bid or otherwise, stating the terms under which the exhibitor will agree to exhibit a motion picture;

G. “license agreement” means any contract, agreement, understanding or condition between a distributor and an exhibitor relating to the licensing or exhibition of a motion picture by the exhibitor;

H. “trade screening” means the showing of a motion picture by a distributor in the exchange center serving New Mexico which is open to any exhibitor interested in exhibiting the motion picture;

I. “blind bidding” means the bidding for, negotiating for or offering or agreeing to terms for the licensing or exhibition of a motion picture, if the motion picture has not been trade screened in the exchange center before any such event has occurred; and

J. “run” means the continuous exhibition of a motion picture in a defined geographical area for a specified period of time. A “first run” is the first exhibition of a motion picture in the designated area, a “second run” is the second exhibition and “subsequent runs” are subsequent exhibitions after the second run.
N.M. Stat. § 7-2-30.9 — NM Code / Chapter 7 / Article 2 / Section 7-2-30.9
§ 7-2-30.9. Optional designation of tax refund contribution; animal care and facility fund
Status: in_force

A. An individual whose state income tax liability after application of allowable credits and tax rebates in any year is lower than the amount of money held by the department to the credit of that individual for that tax year may designate a portion of the income tax refund due to the individual to be paid to the animal care and facility fund to carry out the statewide dog and cat spay and neuter program. In the case of a joint return, both individuals must make that designation.

B. The department shall revise the state income tax form to allow the designation of a contribution in the following form:

“Statewide Dog and Cat Spay and Neuter Program--Check [ ] if you wish to contribute a part or all of your tax refund to the Animal Care and Facility Fund to carry out the statewide dog and cat spay and neuter program. Enter here $_____ the amount of your contribution.”.

C. The provisions of this section do not apply to an income tax refund subject to interception under the provisions of the Tax Refund Intercept Program Act, 1 and a designation made pursuant to the provisions of this section to that refund is void.
N.M. Stat. § 17-3-11 — NM_STATUTES Code / Chapter 17 / Article 3 / Section 17-3-11
§ 17-3-11. Possession of license declared void is unlawful
Status: in_force

Any person in possession of a hunting or fishing license containing the serial number which was reported by the collector as the application blank which was lost and which was declared void by the director of the department of game and fish, and the license was not validly issued to him, shall be guilty of a misdemeanor.
N.M. Stat. § 7-1-61 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-61
§ 7-1-61. Duty of successor in business
Status: in_force

A. As used in Sections 7-1-61 through 7-1-63 NMSA 1978 , “ tax ” means the amount of tax due, including penalties and interest, imposed by provisions of the taxes or tax acts set forth in Subsections A and B of Section 7-1-2 NMSA 1978 , except the Income Tax Act. 1

B. The tangible and intangible property used in any business remains subject to liability for payment of the tax due on account of that business to the extent stated herein, even though the business changes hands.

C. If any person liable for any amount of tax from operating a business transfers that business to a successor, the successor shall place in a trust account sufficient money from the purchase price or other source to cover such amount of tax until the secretary or secretary's delegate issues a certificate stating that no amount is due, or the successor shall pay over the amount due to the department upon proper demand for, or assessment of, that amount due by the secretary.
N.M. Stat. § 7-30-9 — NM_STATUTES Code / Chapter 7 / Article 30 / Section 7-30-9
§ 7-30-9. Operator or purchaser to withhold interest owner's tax; department may require withholding of tax; tax withheld to be remitted to the state; operator or purchaser to be reimbursed
Status: in_force

A. Any operator making a monetary payment to an interest owner for his portion of the value of products from a production unit shall withhold from such payment the amount of tax due from the interest owner.

B. Any purchaser who, by express or implied agreement with the operator, makes a monetary payment to an interest owner for his portion of the value of products from a production unit, shall withhold from such payment the amount of tax due from the interest owner.

C. The department may require any purchaser making a monetary payment to an interest owner for his portion of the value of products from a production unit to withhold from such payment the amount of tax due from the interest owner.

D. Any operator or purchaser who pays any tax due from an interest owner shall be entitled to reimbursement from the interest owner for the tax so paid, and may take credit for such amount from any monetary payment to the interest owner for the value of products.
N.M. Stat. § 72-4-15 — NM Code / Chapter 72 / Article 4 / Section 72-4-15
§ 72-4-15. Determination of water rights; copies of hydrographic surveys; suits to determine right of appropriation
Status: in_force

Upon the completion of the hydrographic survey of any stream system, the state engineer shall deliver a copy of so much thereof as may be necessary for the determination of all rights to the use of the waters of such system together with all other data in his possession necessary for such determination, to the attorney general of the state who shall, at the request of the state engineer, enter suit on behalf of the state for the determination of all rights to the use of such water, in order that the amount of unappropriated water subject to disposition by the state under the terms of this chapter may become known, and shall diligently prosecute the same to a final adjudication: provided, that if suit for the adjudication of such rights shall have been begun by private parties, the attorney general shall not be required to bring suit: provided, however, that the attorney general shall intervene in any suit for the adjudication of rights to the use of water, on behalf of the state, if notified by the state engineer that in his opinion the public interest requires such action.
N.M. Stat. § 13-4-32 — NM_STATUTES Code / Chapter 13 / Article 4 / Section 13-4-32
§ 13-4-32. Legislative findings
Status: in_force

The legislature finds that the practices of bid shopping and bid peddling in connection with the construction, alteration and repair of public works projects often result in poor quality of material and workmanship to the detriment of the public, deprive the public of the full benefits of fair competition among contractors and subcontractors and lead to insolvencies and loss of wages to employees.
N.M. Stat. § 63-5-4 — NM Code / Chapter 63 / Article 5 / Section 63-5-4
§ 63-5-4. Sale of foreclosed railroad
Status: in_force

The purchasers at any such sale as aforesaid, may, if they choose, sell, transfer or assign all the railroads, lands, properties, rights, franchises and powers so purchased or acquired by them or belonging to the corporation whose property or a part of whose property was so purchased, to a corporation of any state or territory which may be authorized by the laws of such state or territory, or by its charter, to purchase or acquire such or similar property, and upon such sale, transfer or assignment being made, such corporation to whom the same shall be made shall become vested with all of said property, together with all the rights, franchises and powers thereto belonging or in anywise appertaining or 1 to the corporation whose property or a part thereof was sold, subject to the restrictions and limitations imposed by law upon railroad corporations in this state, but shall not be deemed or held liable in any manner for the debts, obligations or liabilities, or any of them, of the corporation whose property or a part thereof may have been sold, except state and county taxes.
N.M. Stat. § 59A-8-11 — NM Code / Chapter 59A / Article 8 / Section 59A-8-11
§ 59A-8-11. Title insurance reserves
Status: reserved

A. As to title insurance the insurer shall set up and maintain unearned premium reserves as follows:

(1) as to guaranties and policies on property in this state issued prior to January 1, 1957, the insurer shall reserve initially a sum equal to ten percent of gross premiums therefor. The sum so accumulated may be reduced by five percent thereof at the end of each calendar year thereafter;

(2) as to guaranties and policies on property in this state issued on and after January 1, 1957, the insurer shall reserve initially a sum equal to ten percent of the gross risk premium therefor. At end of each calendar year following the year in which the guaranty or policy was issued the insurer may reduce the sum so reserved by five percent thereof.

B. The sums so reserved initially, or maintained thereafter, in accordance with the above provisions shall be considered unearned portions of the gross risk premiums on such guaranties or policies and shall be shown as a liability of the insurer in determining its financial condition.

C. If a title insurer on withdrawing from the title insurance business in this state desires to reinsure with another title insurer all its title guaranties or policies in this state, the superintendent may require the reinsurer to increase its unearned premium reserve by an amount not greater than the unearned premium reserve required of the withdrawing insurer as to the guaranties and policies so reinsured.

D. The term “gross risk premium” as used in this section shall not include charges for abstracting, record searching, escrow and closing services and other related services which may be provided by the insurer, or costs and expenses of examinations of title, or premiums paid for reinsurance.
N.M. Stat. § 22-10A-11 — NM Code / Chapter 22 / Article 10A / Section 22-10A-11
§ 22-10A-11. Level three licensure; tracks for teachers
Status: in_force

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

B. The department shall grant a level three-A license to an applicant who has been a level two teacher for at least three years and holds a post-baccalaureate degree or national board for professional teaching standards certification; demonstrates instructional leader competence as required by the department and verified by the local superintendent through the highly objective uniform statewide standard of evaluation; and meets other qualifications for the license.

C. The department shall grant a level three-A license to an applicant seeking a level three-A vocational education license who does not meet the requirements of Subsection B of this section, but who otherwise is eligible for a level three-A license, provided that the applicant:

(1) has been a level two teacher for at least three years;

(2) provides documentation from an accredited higher education institution of the applicant's eligibility to teach dual-credit courses at the post-secondary level in the field in which the applicant is teaching; or

(3) completes a department-approved career-technical education training certificate course of study that is a minimum of sixteen hours at an accredited higher education institution.

D. The minimum salary for a level three-A teacher, except teachers licensed pursuant to Subsection C of this section, is seventy thousand dollars ($70,000) for a standard nine and one-half month contract; provided that teachers in an extended learning time program or K-5 plus program shall receive additional salary at the same rate as their base salary for that teaching time.

E. The minimum salary for a counselor who holds a level three or three-A license as provided in the School Personnel Act and rules promulgated by the department shall be the same as provided for level three-A teachers pursuant to Subsection D of this section.
N.M. Stat. § 22-22-4 — NM Code / Chapter 22 / Article 22 / Section 22-22-4
§ 22-22-4. Variable school calendar
Status: in_force

The local school board may operate a public school or the school district under a variable school calendar. The state board [department] shall develop criteria for the establishment of a variable school calendar in a school district. Those criteria shall include a requirement that the local school board demonstrate substantial community support for implementation of the variable school calendar.
N.M. Stat. § 9-8-7.1 — NM Code / Chapter 9 / Article 8 / Section 9-8-7.1
§ 9-8-7.1. Behavioral health services division; powers and duties of the department
Status: in_force

Subject to appropriation, the department shall:

A. contract for behavioral health treatment and support services, including mental health, alcoholism and other substance abuse services;

B. establish standards for the delivery of behavioral health services, including quality management and improvement, performance measures, accessibility and availability of services, utilization management, credentialing and recredentialing, rights and responsibilities of providers, preventive behavioral health services, clinical treatment and evaluation and the documentation and confidentiality of client records;

C. ensure that all behavioral health services, including mental health and substance abuse services, that are provided, contracted for or approved are in compliance with the requirements of Section 9-7-6.4 NMSA 1978;

D. assume responsibility for and implement adult mental health and substance abuse services in the state in coordination with the children, youth and families department;

E. create, implement and continually evaluate the effectiveness of a framework for targeted, individualized interventions for persons who are incarcerated in a county or municipal correctional facility and adult and juvenile offenders who have behavioral health diagnoses, which framework shall address those persons' behavioral health needs while they are incarcerated and connect them to resources and services immediately upon release;

F. establish criteria for determining individual eligibility for behavioral health services; and

G. maintain a management information system in accordance with standards for reporting clinical and fiscal information.
N.M. Stat. § 58-11-30 — NM Code / Chapter 58 / Article 11 / Section 58-11-30
§ 58-11-30. Compensation of officials
Status: in_force

No board or committee member may be compensated for services performed in the regular course of duties pertaining to that board or committee position. Notwithstanding any provision of the Credit Union Act to the contrary, board or committee members may be compensated for those services provided to the credit union while temporarily serving in an additional capacity other than as a board or committee member. Reasonable life, accident and similar insurance protection shall not be considered compensation to a board or committee member. Board and committee members may be reimbursed for reasonable and necessary expenses incidental to the performance of official business of the credit union, provided such expenses are documented.
N.M. Stat. § 73-12-37 — NM Code / Chapter 73 / Article 12 / Section 73-12-37
§ 73-12-37. Board to transmit order and plat of new boundaries to county clerk
Status: in_force

Upon the allowance of such petition and in case no protest has been filed with the board within thirty days after the entry of said order as aforesaid, a certified copy of the order of the board of directors making such change, and a plat of such district showing such change, certified by the president and secretary, shall be filed for record in the office of the county clerk of each county in which are situate any of the lands of the district, and the district shall remain an irrigation district as fully to all intents and purposes as if the lands which are included in the district by the change aforesaid had been included therein at the organization of the district; and said district as so changed and all the lands therein shall be liable for all existing obligations and indebtedness of the organized district.

Upon the filing of the order and the plat, as herein mentioned, copies thereof, certified by said county clerk, shall be admissible in evidence to prove the inclusion of said lands in said district.
N.M. Stat. § 34-6-26 — NM Code / Chapter 34 / Article 6 / Section 34-6-26
§ 34-6-26. Operation; record; authentication
Status: in_force

The district court of each county shall keep a record containing orders entered by the court. Orders made orally by the court shall be entered upon the record by the district court clerk. The district judge shall review and sign the record following each term of the court, but if, for any cause, the district judge fails to sign the record, the district court clerk may certify the record as authentic.
N.M. Stat. § 61-11-9 — NM Code / Chapter 61 / Article 11 / Section 61-11-9
§ 61-11-9. Qualifications for licensure as a pharmacist by examination
Status: in_force

A. An applicant for licensure as a pharmacist by examination shall:

(1) have reached the age of majority and not be addicted to the use of drugs or alcohol;

(2) be a graduate of a school or college of pharmacy approved by the board;

(3) have not less than one year of experience under the direction of a pharmacist in accordance with the programs of supervised training established by regulation of the board;

(4) pass an examination approved by the board; and

(5) pass an examination approved by the board, which examination shall be based on federal and state drug laws and regulations.

B. Any person who is a graduate of a foreign school of pharmacy may be eligible for licensure as a pharmacist upon successful completion of an equivalency examination program approved by the board.

C. The board shall issue a license when the applicant's application has been filed with and approved by the board and the applicant has paid the required fees and has met the requirements of this section.