FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 1-26-2 — NM_STATUTES Code / Chapter 1 / Article 26 / Section 1-26-2
§ 1-26-2. Judicial retention; eligibility for retention; definitions
Status: in_force

A. A justice of the supreme court, judge of the court of appeals, district court judge or metropolitan court judge is eligible for nonpartisan judicial retention after the justice or judge has first been elected to that position in a partisan election.

B. In the last year of the term of office for the position to which an eligible justice or eligible judge was elected in a partisan election or by a previous nonpartisan retention election, the eligible justice or judge desiring to continue to serve in that position shall be subject to a nonpartisan judicial retention election as provided in the Nonpartisan Judicial Retention Act.

C. Declarations of candidacy for nonpartisan judicial retention for the supreme court, court of appeals, district court or metropolitan court shall be filed with the proper filing officer between the hours of 9:00 a.m. and 5:00 p.m. on the twenty-third day after the primary election.

D. Each declaration of candidacy for nonpartisan judicial retention shall be delivered for filing in person by the eligible justice or judge therein named or by a person acting by virtue of written authorization. The proper filing officer shall not accept for filing from any one individual more than one declaration of candidacy for nonpartisan judicial retention.

E. As used in the Nonpartisan Judicial Retention Act, “ eligible justice ” or “ eligible judge ” means a justice or judge who has been elected to that position in a partisan election.
N.M. Stat. § 19-10-56 — NM_STATUTES Code / Chapter 19 / Article 10 / Section 19-10-56
§ 19-10-56. Reports and remittance of state royalty; rules and regulations prescribed by commissioner
Status: in_force

Any person obligated to pay royalties pursuant to a producing oil and gas lease issued by the commissioner shall make reports and remittance of state oil and gas royalty through the oil and natural gas administration and revenue database system pursuant to rules and regulations of the commissioner.
N.M. Stat. § 28-1-13 — NM Code / Chapter 28 / Article 1 / Section 28-1-13
§ 28-1-13. Appeal
Status: in_force

A. A person aggrieved by an order of the commission may obtain a trial de novo by filing a notice of appeal in the district court of the county where the discriminatory practice occurred or where the respondent does business. The notice of appeal must be filed within ninety days from the date of service of the commission's order. A copy of the notice of appeal shall be served personally or by certified mail, return receipt requested, on all parties who appeared before the commission at their last known addresses. A copy of the notice of appeal shall also be served at the division in Santa Fe. An order of the commission shall not be superseded or stayed during the appeal unless the district court so directs after notice to the commission and a hearing.

B. If testimony at the hearing was transcribed, the division shall, upon receipt of the notice of appeal, file so much of the transcript of the record as the parties requesting the transcript designate as necessary for the appeal with the district court.

C. Upon appeal, either party may request a jury. The jurisdiction of the district court is exclusive and its judgment is final, subject to further appeal to the court of appeals.

D. If the complainant prevails in an action or proceeding under this section, the court in its discretion may allow actual damages and reasonable attorney fees, and the state shall be liable the same as a private person.
N.M. Stat. § 72-19-46 — NM Code / Chapter 72 / Article 19 / Section 72-19-46
§ 72-19-46. Issuance of interim debentures
Status: in_force

The authority is authorized to borrow money and to issue interim debentures evidencing “construction” or short-term loans for the acquisition or improvement and equipment of the flood control system or any project in supplementation of long-term financing and the issuance of bonds as provided in Sections 89 through 91 of the Southern Sandoval County Arroyo Flood Control Act.
N.M. Stat. § 6-17-17 — NM_STATUTES Code / Chapter 6 / Article 17 / Section 6-17-17
§ 6-17-17. Refunding bonds
Status: in_force

A. No bonds may be refunded under Section 6-17-14 through 6-17-18 NMSA 1978 , unless they mature or are callable for prior redemption under their terms within fifteen years from the date of issuance of the refunding bonds, or unless the holders voluntarily surrender them for exchange or payment.

B. Outstanding bonds of more than one issue may be refunded by bonds of one or more issues. Bonds for refunding and bonds for any other purposes authorized in Chapter 73, Article 29 NMSA 1953 , may be issued separately or in combination in one series or more.

C. If any officer whose signature or facsimile signature appears on any bonds or coupons ceases to hold his office before delivery of the bonds, his signature or its facsimile is valid for all purposes as if he had remained in office until the delivery.

D. Where refunding bonds are sold, the net proceeds may, in the discretion of the issuing board, be invested in obligations of the United States or any of its agencies, or in obligations fully guaranteed by the United States, but the obligations purchased must have maturities and bear rates of interest payable at times to ensure the existence of money sufficient to pay the bonds to be refunded when due or when redeemed pursuant to call for redemption, together with interest and redemption premiums, if any.

E. As used in this section, “net proceeds” means the gross proceeds of the bonds after deduction of all accrued interest and expenses incurred in connection with the authorization and issuance of the bonds and the refunding of the outstanding bonds, including fiscal agent fees and commissions and all discounts incurred in the resale of the refunding bonds by the original purchaser.

F. All obligations purchased with refunding bond proceeds shall be deposited in trust with a bank doing business in this state and a member of the federal deposit insurance corporation, to be held, liquidated and the proceeds of the liquidation paid out for payment of the bonds to be refunded, along with interest and redemption premiums, as the refunded bonds become due or subject to redemption under call for redemption previously made, or upon earlier voluntary surrender with the consent of the issuing board.

G. The determination of the board issuing refunding bonds that the conditions of Chapter 73, Article 29 NMSA 1953 , upon the issuance of refunding bonds have been met is conclusive in the absence of fraud or arbitrary and gross abuse of discretion.
N.M. Stat. § 13-4-10.1 — NM Code / Chapter 13 / Article 4 / Section 13-4-10.1
§ 13-4-10.1. Definitions
Status: in_force

As used in the Public Works Minimum Wage Act:

A. “ director ” means the director of the division;

B. “ division ” means the labor relations division of the workforce solutions department;

C. “ fringe benefit ” means payments made by a contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized through a negotiated process or by a collective bargaining agreement, for:

(1) holidays;

(2) time off for sickness or injury;

(3) time off for personal reasons or vacation;

(4) bonuses;

(5) authorized expenses incurred during the course of employment;

(6) health, life and accident or disability insurance;

(7) profit-sharing plans;

(8) contributions made on behalf of an employee to a retirement or other pension plan; and

(9) any other compensation paid to an employee other than wages;

D. “ labor organization ” means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work; and

E. “ wage ” means the basic hourly rate of pay.
N.M. Stat. § 59A-2-9 — NM Code / Chapter 59A / Article 2 / Section 59A-2-9
§ 59A-2-9. Rules and regulations; promulgation; violation
Status: in_force

A. The superintendent, after a hearing thereon, may make reasonable rules and regulations necessary for or as an aid to administration or effectuation of any provision of the Insurance Code administered by the superintendent, and from time to time withdraw, modify or amend any such rule or regulation.

B. No such rule or regulation shall extend, modify or conflict with any such provision or other laws of New Mexico.

C. The superintendent shall file all new rules, amendments of rules or repeals of rules in accordance with the State Rules Act not later than the submittal deadline for publication in the New Mexico register on or before the effective date of any such rule, amendment or repeal.

D. Willful violation of any such rule or regulation shall subject the violator to such penalty as may be applicable under the Insurance Code for violation of the provision to which the rule or regulation relates; but no penalty shall apply to any act done or omitted in good faith in conformity with any such rule or regulation, notwithstanding that the rule or regulation may, after such act or omission, be amended or rescinded or determined by judicial or other authority to be invalid for any reason.
N.M. Stat. § 61-14C-1 — NM Code / Chapter 61 / Article 14C / Section 61-14C-1
§ 61-14C-1. Notice; penalty
Status: in_force

A. Any physician employing or sponsoring a physician's assistant pursuant to Section 61-6-6 NMSA 1978 or any osteopathic physician employing or sponsoring an osteopathic physician's assistant pursuant to the Osteopathic Physicians' Assistants Act shall post a notice of such employment in a prominent place calculated to inform any member of the public entering the office of the physician or osteopathic physician. The notice shall further state the basis upon which charges for services of the assistant are calculated and how they differ, if at all, from the charges for services of the physician or osteopathic physician.

B. Any physician or osteopathic physician violating the provisions of Subsection A of this section is guilty of a petty misdemeanor.
N.M. Stat. § 66-3-126 — NM Code / Chapter 66 / Article 3 / Section 66-3-126
§ 66-3-126. Casual sales; registration; penalty
Status: in_force

A. Unless a person is a motor vehicle dealer or the holder of a security interest filed pursuant to Section 66-3-201 NMSA 1978 , before the person attempts to sell a used motor vehicle, the person shall legally possess the title to the used motor vehicle.

B. Any person who violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of three hundred dollars ($300) or by imprisonment for not less than thirty days or both.
N.M. Stat. § 13-4C-5 — NM Code / Chapter 13 / Article 4C / Section 13-4C-5
§ 13-4C-5. Notice of mediation session; service of notice
Status: in_force

A. An interested person may convene a mediation session for the purpose of resolving disputes related to the performance of a public works project. Mediation of a dispute related to the performance of a public works project shall take place within thirty days after an interested person has provided notice of the mediation session to other interested persons.

B. When an interested person receives notice of a mediation session, that person may notify other interested persons of the mediation session. A person who receives notice of a mediation session shall provide notice:

(1) to other interested persons no later than five days following receipt of the original notice; and

(2) that other interested persons have been notified to the interested person who convened the mediation session no later than five days following receipt of the original notice.

C. An interested person providing notice of a mediation session shall include the following information within the notice:

(1) the name and mailing address of the mediator;

(2) the date, time and location of the mediation session;

(3) a brief summary of all issues concerning a dispute related to the performance of a public works project;

(4) a brief statement regarding an interested person's association to a dispute related to the performance of a public works project, when the interested person has been provided with notice of a mediation session; and

(5) the cost for an eight-hour mediation session and the responsibility for payment of the costs pursuant to the provisions of Section 13-4C-11 NMSA 1978 .

D. Service of the notice required pursuant to the provisions of Subsection B of this section shall be made by:

(1) mailing a certified letter, return receipt requested, to an interested person's residence, principal office or place of business; or

(2) delivering a copy of the notice to interested persons.
N.M. Stat. § 60-2E-38 — NM Code / Chapter 60 / Article 2E / Section 60-2E-38
§ 60-2E-38. Calculation of net take; certain expenses not deductible
Status: in_force

In calculating net take from gaming machines, the actual cost to the licensee of any personal property distributed to a patron as the result of a legitimate wager may be deducted as a loss, except for travel expenses, food, refreshments, lodging or services. For the purposes of this section, “as the result of a legitimate wager” means that the patron must make a wager prior to receiving the personal property, regardless of whether the receipt of the personal property is dependent on the outcome of the wager.
N.M. Stat. § 24-22-2 — NM Code / Chapter 24 / Article 22 / Section 24-22-2
§ 24-22-2. Definitions
Status: in_force

As used in the Safe Haven for Infants Act:

A. “ fire station ” means a fire station that is certified by the state fire marshal's office;

B. “ hospital ” means an acute care general hospital or health care clinic licensed by the state;

C. “ Indian child ” means an Indian child as defined by the federal Indian Child Welfare Act of 1978;

D. “ infant ” means a child no more than ninety days old, as determined within a reasonable degree of medical certainty;

E. “ law enforcement agency ” means a law enforcement agency of the state or a political subdivision of the state;

F. “ safe haven site ” means a hospital, law enforcement agency or fire station that has staff on site at the time an infant is left at such a site; and

G. “ staff ” means an employee, contractor, agent or volunteer performing services as required and on behalf of the safe haven site.
N.M. Stat. § 52-3-60 — NM Code / Chapter 52 / Article 3 / Section 52-3-60
§ 52-3-60. Offset of unemployment compensation benefits
Status: in_force

A. No total disablement benefits shall be payable under the New Mexico Occupational Disease Disablement Law for any weeks in which the disabled employee has received or is receiving unemployment compensation benefits, except as provided in this section.

B. If an employee is entitled to receive unemployment compensation benefits and would otherwise be entitled to receive total disablement benefits, the unemployment compensation benefits shall be primary, and the total disablement benefits shall be supplemental only, and the sum of the two benefits shall not exceed the amount of total disablement benefits that would otherwise be payable.
N.M. Stat. § 7-2-28 — NM Code / Chapter 7 / Article 2 / Section 7-2-28
§ 7-2-28. Optional designation of tax refund contribution
Status: in_force

A. Any individual whose state income tax liability in any year is lower than the amount of money held by the department to the credit of such individual for that tax year may designate any portion of the income tax refund due to be paid into the veterans' state cemetery fund. In the case of a joint return, both individuals must make such designation.

B. The secretary shall revise the state income tax form to allow the designation by individual taxpayers of such contributions in substantially the following form:

“New Mexico Veterans' State Cemetery Fund--Check [ ] if you wish to contribute a part or all of your tax refund to the Veterans' State Cemetery Fund. Enter here $__________ the amount of your contribution.”.

C. The provisions of this section do not apply to refund amounts intercepted under the Tax Refund Intercept Program Act, 1 and any designation under the provisions of this section with respect to such intercepted refunds is void.
N.M. Stat. § 38-6A-1 — NM Code / Chapter 38 / Article 6A / Section 38-6A-1
§ 38-6A-1. Short title
Status: in_force

This act may be cited as the “Uniform Child Witness Protective Measures Act”.
N.M. Stat. § 9-11-6.1 — NM Code / Chapter 9 / Article 11 / Section 9-11-6.1
§ 9-11-6.1. Additional powers of secretary
Status: in_force

In addition to the powers granted to the secretary in Section 9-11-6 NMSA 1978 , the secretary is authorized to set, by regulation, after notification to the legislative finance committee, fees to cover the expense of providing additional services for the convenience of the public. Any fee for a service adopted under this section shall not be charged to or payable by any person not taking advantage of the service. Amounts collected pursuant to this section are appropriated to the department to defray the expense of providing the service.
N.M. Stat. § 20-11-5.1 — NM Code / Chapter 20 / Article 11 / Section 20-11-5.1
§ 20-11-5.1. Misrepresentation of military service; penalty
Status: in_force

Misrepresentation of military service consists of a person misrepresenting that person's self as having served or currently serving in the United States armed forces for the intentional taking of anything of value based on the person's military service. Whoever commits misrepresentation of military service is guilty of a misdemeanor.
N.M. Stat. § 7-16A-13.1 — NM Code / Chapter 7 / Article 16A / Section 7-16A-13.1
§ 7-16A-13.1. Claim for refund of special fuel excise tax paid on special fuel
Status: in_force

A. Upon the submission of proof satisfactory to the department, a user of special fuel may submit and the department may allow a claim for refund of tax paid on special fuel used to propel a vehicle authorized by contract with the public education department or with a public school district as a school bus, to propel a vehicle off-road, to operate auxiliary equipment by a power take-off from the main engine or transmission of a vehicle or to operate a non-automotive apparatus mounted on a vehicle when the special fuel used for such purposes and the special fuel used to propel the vehicle on the highways are drawn from a common supply tank. The vehicle must be registered with the department. The user must be registered with the department for purposes of reporting and paying gross receipts tax.

B. No person may submit claims for refund pursuant to the provisions of this section more frequently than quarterly. No claim for refund may be submitted or allowed on less than one hundred gallons.

C. The department may prescribe the documents necessary to support a claim for refund pursuant to the provisions of this section. The department may prescribe the use of types of monitoring or measuring equipment.

D. This section applies to special fuel purchased on or after July 1, 2001, except for the refund for special fuel used to propel a school bus, which applies to special fuel purchased on or after July 1, 2005.
N.M. Stat. § 59A-48-15 — NM Code / Chapter 59A / Article 48 / Section 59A-48-15
§ 59A-48-15. Suspension or revocation of certificate of authority
Status: in_force

A. The superintendent may suspend or revoke any certificate of authority of a prepaid dental plan organization if he finds that any of the following conditions exist:

(1) the prepaid dental plan organization is operating contrary to its basic organizational documents or in a manner contrary to that described in, and reasonably inferred from, any other information submitted pursuant to Section 883 of this article;

(2) the prepaid dental plan organization issued membership coverage which does not comply with the requirements of Section 887 of this article;

(3) the prepaid dental plan does not provide or arrange for basic dental services appropriate to such plan as determined by the director of the health services division of the department of health;

(4) the prepaid dental plan organization can no longer be expected to meet the obligations to members or prospective members;

(5) the prepaid dental plan organization, or any authorized person on its behalf, has advertised or merchandised its services in an untrue, misleading, deceptive or unfair manner; or

(6) the prepaid dental plan organization has failed to substantially comply with this article or any rules and regulations promulgated thereunder.

B. When the certificate of authority of a prepaid dental plan organization is suspended the organization shall not, during the period of such suspension, accept any additional members except newborn children or other newly acquired dependents of existing members and shall not engage in any advertising or solicitation.

C. When the certificate of authority of a prepaid dental plan organization is revoked, such organization shall proceed immediately following the effective date of the order of revocation, to conclude its affairs and shall conduct no further business except as may be essential to the orderly conclusion of solicitation. The superintendent by written order, may permit such further operation of the organization as the superintendent finds to be in the best interest of members to the end that members shall be afforded the greatest practical opportunity to obtain continuing prepaid dental plan coverage.

D. Notwithstanding the provisions of Subsections B and C of this section, a prepaid dental plan organization which has had its certificate of authority denied, suspended or revoked, or has suffered an adverse decision by the superintendent shall be entitled to a hearing pursuant to Article 4 (examinations, hearings and appeals) of the Insurance Code.
N.M. Stat. § 17-3-41 — NM Code / Chapter 17 / Article 3 / Section 17-3-41
§ 17-3-41. Commercial operation of
Status: in_force

Operators of private shooting preserves may charge fees for hunting on the preserves.
N.M. Stat. § 36-1A-14 — NM Code / Chapter 36 / Article 1A / Section 36-1A-14
§ 36-1A-14. Existing rules
Status: in_force

Existing personnel rules, policies and compensation plans for the employees shall remain in full force and effect until new rules, policies and pay plans are established pursuant to the District Attorney Personnel and Compensation Act.