FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 7-1-6.12 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-6.12
§ 7-1-6.12. Transfer; revenues from municipal local option gross receipts and compensating taxes
Status: in_force

A. A transfer pursuant to Section 7-1-6.1 NMSA 1978 shall be made to each municipality for which the department is collecting a local option gross receipts tax and municipal compensating tax imposed by that municipality in an amount, subject to any increase or decrease made pursuant to Section 7-1-6.15 NMSA 1978 , equal to the net receipts attributable to the local option gross receipts tax and municipal compensating tax imposed by that municipality, less any deduction for administrative cost determined and made by the department pursuant to the provisions of the act authorizing imposition by that municipality of the local option gross receipts tax and municipal compensating tax and any additional administrative fee withheld pursuant to Section 7-1-6.41 NMSA 1978 .

B. A transfer pursuant to this section may be adjusted for a distribution made to a tax increment development district with respect to a portion of a gross receipts tax increment dedicated by a municipality pursuant to the Tax Increment for Development Act.

C. A transfer pursuant to this section shall be adjusted for a distribution made to the Local Economic Development Act fund pursuant to Section 7-1-6.67 NMSA 1978 and with respect to the amount dedicated by a municipality pursuant to Subsection B of Section 5-10-17 NMSA 1978 .

D. A transfer pursuant to this section shall be adjusted for a distribution made to the metropolitan redevelopment fund pursuant to Section 11 of this 2023 act and with respect to the amount dedicated by a municipality pursuant to Section 3-60A-23 NMSA 1978 .
N.M. Stat. § 4-49-9 — NM_STATUTES Code / Chapter 4 / Article 49 / Section 4-49-9
§ 4-49-9. Second petition; procedure
Status: in_force

In the event that a second petition is filed, the procedure for the calling of such election, for giving notice thereof and for all other procedure requirements, shall be the same as if no other petition had been filed.
N.M. Stat. § 66-3-28 — NM Code / Chapter 66 / Article 3 / Section 66-3-28
§ 66-3-28. State government registration plates; issuance approved
Status: in_force

State government registration plates shall be provided to a state agency by the transportation services division of the general services department. As used in this section, “ state agency ” means a state department, agency, board or commission, including the legislative and judicial branches, but not including public schools and institutions of higher education.
N.M. Stat. § 40-10B-10 — NM Code / Chapter 40 / Article 10B / Section 40-10B-10
§ 40-10B-10. Guardian ad litem; powers and duties
Status: in_force

A guardian ad litem appointed by the court in a proceeding pursuant to the Kinship Guardianship Act shall:

A. in connection with a petition for guardianship, make a diligent investigation of the circumstances surrounding the petition, including visiting the child in the home, interviewing the person proposed as guardian and interviewing the parents of the child if available;

B. in connection with a petition or motion for revocation of a guardianship, recommend an appropriate transition plan in the event the guardianship is revoked; and

C. at a hearing held in connection with proceedings described in Subsection A or B of this section, report to the court concerning the best interests of the child and the child's position on the requested relief.
N.M. Stat. § 32A-28-41 — NM Code / Chapter 32A / Article 28 / Section 32A-28-41
§ 32A-28-41. Office of tribal affairs; creation
Status: in_force

The “office of tribal affairs” is created in the department. The office shall be dedicated to ensuring the department's compliance with and full implementation of the Indian Family Protection Act.
N.M. Stat. § 5-7-4 — NM Code / Chapter 5 / Article 7 / Section 5-7-4
§ 5-7-4. Use of proceeds of bond issue
Status: in_force

It is unlawful to divert, use or expend any money received from the issuance of fire district bonds for any purpose other than the purposes for which the bonds were issued.
N.M. Stat. § 24-30-2 — NM Code / Chapter 24 / Article 30 / Section 24-30-2
§ 24-30-2. Definitions
Status: in_force

As used in the Community Health Workers Act:

A. “ applicant ” means an individual applying to be certified or recertified as a community health worker;

B. “ board ” means the board of certification of community health workers;

C. “ certificate ” means the document issued by the department to qualified applicants for certification as community health workers;

D. “ certification ” means the voluntary process by which the department grants recognition and use of a credential to individuals who are eligible to practice as certified community health workers;

E. “ certified community health worker ” means a community health worker to whom the department has issued a certificate to practice as a certified community health worker;

F. “ community health worker ” means a public health worker who applies an understanding of the experience, language and culture of the populations that the individual serves and who provides direct services aimed at optimizing individual and family health outcomes, including:

(1) informal and motivational counseling and education;

(2) interventions to maximize social supports;

(3) care coordination;

(4) facilitation of access to health care and social services;

(5) health screenings; and

(6) other services that the secretary defines by rule;

G. “ department ” means the department of health;

H. “ recertification ” means a renewal of certification; and

I. “ secretary ” means the secretary of health.
N.M. Stat. § 9-6-3.1 — NM Code / Chapter 9 / Article 6 / Section 9-6-3.1
§ 9-6-3.1. Office of education abolished; transfer of powers and duties
Status: in_force

The office of education in the department of finance and administration is abolished. On the effective date of this act, all powers and duties conferred by law upon the office of education shall be exercised by the state department of public education. All powers and duties conferred by law upon the director of the office of education or the chief of the public school finance division shall be exercised by the superintendent of public instruction. On the effective date of this act, all references in law to the office of education of the department of finance and administration shall be construed to be references to the state department of public education. All references in law to the director of the office of education or to the chief of the public school finance division shall be construed to be references to the superintendent of public instruction.
N.M. Stat. § 72-14-33 — NM Code / Chapter 72 / Article 14 / Section 72-14-33
§ 72-14-33. “Project” defined
Status: in_force

“Project” is defined to include and embrace all means of conserving and distributing water, including, without limiting the generality of the foregoing, reservoirs, dams, diversion canals, distributing canals, lateral ditches, pumping units, wells, mains, pipelines and waterworks systems and shall include all such works for the conservation, development, storage, distribution and utilization of water including, without limiting the generality of the foregoing projects for the purpose of irrigation, development of power, watering of stock, supplying of water for public, domestic, industrial and other uses and for fire protection.
N.M. Stat. § 7-9-76.2 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-76.2
§ 7-9-76.2. Deduction; gross receipts tax; films and tapes
Status: in_force

Receipts from the leasing or licensing of theatrical and television films and tapes to a person engaged in the business of providing public or commercial entertainment from which gross receipts are derived may be deducted from gross receipts.
N.M. Stat. § 47-7A-5 — NM Code / Chapter 47 / Article 7A / Section 47-7A-5
§ 47-7A-5. Taxation
Status: reserved

A. The association of unit owners shall elect whether:

(1) the entire property shall be deemed a single parcel for the purposes of assessment and taxation, in which event the association shall promptly notify the unit owners of the payment of the taxes. For purposes of assessment or valuation and taxation under this paragraph, the association shall be deemed to be the owner as defined in Section 7-35-2 NMSA 1978; or

(2) each unit and its percentage of undivided interest in the common elements shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law, including ad valorem levies and special assessments.

B. Any portion of the common elements for which the declarant has reserved any development right must be separately taxed and assessed against the declarant, and only the declarant is liable for payment of such taxes.

C. If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by the Property Tax Code.
N.M. Stat. § 10-5-4 — NM Code / Chapter 10 / Article 5 / Section 10-5-4
§ 10-5-4. Oaths; subpoenas
Status: in_force

The secretary of finance and administration is authorized to administer oaths to persons who testify at such hearing. The secretary may compel the attendance of any person whose testimony may be required or needed at such hearing, and to compel the production of books, papers, documents, records and data necessary thereto. The official requesting the hearing shall have the right to make timely request to the secretary that subpoenas for necessary and material witnesses or for the production of documents and papers be issued, and the same shall be issued. The secretary and such employees of the department as may be designated by the secretary are authorized to issue subpoenas for persons whose testimony is required, and subpoenas so issued shall be served by persons authorized by law to make such service in civil actions, and if served by a sheriff or deputy, such service shall be made without cost.
N.M. Stat. § 4-55A-11 — NM_STATUTES Code / Chapter 4 / Article 55A / Section 4-55A-11
§ 4-55A-11. Improvement district; notice of preliminary hearing
Status: in_force

A. The notice of the preliminary hearing required in Section 4-55A-10 NMSA 1978 shall contain:

(1) the time and place when the board will hold a preliminary hearing on the proposed improvement;

(2) the estimated cost of the improvement;

(3) the boundary of the improvement district;

(4) the route of the improvement by streets or roads or location of the improvements;

(5) the location of the proposed improvement;

(6) a description of each property to be assessed or against which an improvement district property tax is to be imposed;

(7) the estimated amount of the assessment against or property tax imposed upon each tract or parcel of land; and

(8) the amount of the cost to be assumed by the county, if any.

B. If the owners are found within the county, the notices shall be personally served on them at least thirty days prior to the day of the hearing. The notice shall also be published in a newspaper published in the county once each week for four successive weeks. The last publication shall be at least three days before the day of the preliminary hearing.
N.M. Stat. § 5-13-8 — NM Code / Chapter 5 / Article 13 / Section 5-13-8
§ 5-13-8. Financial reporting
Status: in_force

The chief executive officer of a local governmental entity assessing a convention center fee shall report to the local government division of the department of finance and administration on a quarterly basis any expenditure of convention center fee funds.
N.M. Stat. § 14-4-5.6 — NM_STATUTES Code / Chapter 14 / Article 4 / Section 14-4-5.6
§ 14-4-5.6. Emergency rule
Status: repealed

A. An agency shall comply with the rulemaking procedures of the State Rules Act unless the agency finds that the time required to complete the procedures would:

(1) cause an imminent peril to the public health, safety or welfare;

(2) cause the unanticipated loss of funding for an agency program; or

(3) place the agency in violation of federal law.

B. The agency shall provide to the public a record of any finding pursuant to Subsection A of this section and a detailed justification for that finding before issuing an emergency rule. The record shall include a statement that the emergency rule is temporary. After such record has been provided to the public, the agency may issue the emergency rule immediately without a public rule hearing or with any abbreviated notice and hearing that it finds practicable.

C. When an agency makes a finding pursuant to Subsection A of this section, the agency shall follow the provisions of this section in addition to any more specific requirements in statute that pertain to the agency regarding promulgating emergency or interim rules.

D. Emergency rules may take effect immediately upon filing with the state records administrator or the administrator's designee or at a later date specified in the emergency rule. Emergency rules shall be published in the New Mexico register.

E. No emergency rule shall permanently amend or repeal an existing rule. An emergency rule shall remain in effect until a permanent rule takes effect under the normal rulemaking process. If no permanent rule is adopted within one hundred eighty days from the effective date of the emergency rule, the emergency rule shall expire and may not be readopted as an emergency rule. If an expired emergency rule temporarily amended or repealed an existing rule, the rule shall revert to what it would have been had the emergency rule not been issued.
N.M. Stat. § 21-13-11 — NM Code / Chapter 21 / Article 13 / Section 21-13-11
§ 21-13-11. Standards and accrediting of community colleges
Status: in_force

A. The community college board shall prescribe the course of study for the community college and shall define, in conjunction with the higher education department, official standards of excellence in all matters relating to the administration, course of study and quality of instruction, except that the prescribed standards may not be less in quality or quantity than those prescribed for other state institutions of higher learning by the regional accrediting agency that accredits other colleges and universities of the state.

B. The department shall annually inspect, or investigate through the requirement of reports prescribed by the department, each community college. The inspection or investigation by report shall be conducted upon the facilities and program of each community college to determine the extent of compliance with the rules promulgated by the department. A report of each inspection or final investigation by report shall be made to the department.

C. In the event of any serious deviation from established practices and procedures or any deficiencies that impair the quality of the instructional program in any community college, the department shall first call these to the attention of the president of the community college and the community college board.

D. In the case of repeated failure to meet the standards provided for in Subsection A of this section, the department may take action discontinuing the approval of any community college so delinquent. Upon a showing that the unsatisfactory conditions have been remedied, the department may reinstate its approval of a disapproved community college.
N.M. Stat. § 59A-57-11 — NM Code / Chapter 59A / Article 57 / Section 59A-57-11
§ 59A-57-11. Penalty
Status: in_force

In addition to any other penalties provided by law, a civil administrative penalty of up to ten thousand dollars ($10,000) may be imposed for each violation of the Patient Protection Act. An administrative penalty shall be imposed by written order of the superintendent made after holding a hearing as provided for in Chapter 59A, Article 4 NMSA 1978 .
N.M. Stat. § 61-5A-13.1 — NM Code / Chapter 61 / Article 5A / Section 61-5A-13.1
§ 61-5A-13.1. Dental therapist licensure; requirements
Status: in_force

A. The board shall license as a dental therapist any individual who, in accordance with board rules:

(1) provides evidence of licensure as a dental hygienist;

(2) provides evidence of having graduated and received a degree from a dental therapy education program accredited by the commission on dental accreditation;

(3) has passed a written examination covering the statutes and rules relating to the practice of dental therapy in the state within a time frame established in board rules;

(4) has passed a practical or clinical examination on the practice of dental therapy administered by the board or its agent that reasonably tests the individual's skill in practicing dental therapy; and

(5) has paid any requisite fees and complied with any other reasonable requirements for licensure as a dental therapist that the board has established by rule.

B. No dentist shall supervise more than three dental therapists at any one time.
N.M. Stat. § 30-36-1 — NM Code / Chapter 30 / Article 36 / Section 30-36-1
§ 30-36-1. Short title
Status: in_force

This act may be cited as the “Worthless Check Act”.
N.M. Stat. § 36-1-25 — NM Code / Chapter 36 / Article 1 / Section 36-1-25
§ 36-1-25. Administrative office of the district attorneys created; director; personnel
Status: in_force

A. There is created the “administrative office of the district attorneys,” which shall be supervised by a director who shall be appointed by majority vote of the elected or appointed district attorneys and serve at their pleasure.

B. The director may, within legislative appropriations, appoint necessary personnel and assign their duties.
N.M. Stat. § 30-9-19 — NM_STATUTES Code / Chapter 30 / Article 9 / Section 30-9-19
§ 30-9-19. Sexual assault; law enforcement agency policies; submission of DNA samples by law enforcement and laboratories
Status: in_force

A. By October 1, 2017, every law enforcement agency shall develop and implement a policy that:

(1) prescribes how the agency handles a sample of biological material collected pursuant to a medical examination of a sexual assault victim who reported the sexual assault to law enforcement that is received by the agency;

(2) provides how the agency prioritizes a sample for DNA testing by the agency's servicing laboratory; and

(3) requires the agency to send a sample of biological material collected pursuant to a medical examination of a sexual assault victim who reported the sexual assault to law enforcement to that agency's servicing laboratory for DNA testing as soon as practicable after receiving the sample and, in all cases, within thirty days of the agency's receipt of the sample.

B. Records derived from DNA testing that qualify for insertion into CODIS shall be submitted by the servicing laboratory to the administrative center.

C. By November 1 of each year, a law enforcement agency's servicing laboratory shall report to the legislature if, at the end of the immediately preceding fiscal year, the laboratory had in its possession three hundred or more untested samples of biological material collected pursuant to medical examinations of sexual assault victims.

D. As used in this section:

(1) “ administrative center ” means the law enforcement agency or unit that administers and operates the DNA identification system pursuant to the provisions of the DNA Identification Act;

(2) “ biological material ” means material that is derived from a human body and includes bodily fluids, hair and skin cells;

(3) “ CODIS ” means the federal bureau of investigation's “combined DNA index system”, a national DNA index system for storage and exchange of DNA records submitted by forensic DNA laboratories;

(4) “ DNA ” means deoxyribonucleic acid;

(5) “ DNA testing ” means a forensic DNA analysis that includes restriction fragment length polymorphism, polymerase chain reaction or other valid methods of DNA typing performed to obtain identification characteristics of samples; and

(6) “ sample ” means a sample of biological material sufficient for DNA testing.
N.M. Stat. § 24-6B-25 — NM_STATUTES Code / Chapter 24 / Article 6B / Section 24-6B-25
§ 24-6B-25. Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

The Jonathan Spradling Revised Uniform Anatomical Gift Act modifies, limits and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit or supersede Section 101(a) of that act, 15 U.S.C. Section 7001 , or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section 7003(b) .
N.M. Stat. § 75-7-1 — NM Code / Chapter 75 / Article 7 / Section 75-7-1
§ 75-7-1. Short title
Status: in_force

Chapter 75, Article 7 NMSA 1978 may be cited as the “Natural Resources Trustee Act”.
N.M. Stat. § 41-12-1 — NM Code / Chapter 41 / Article 12 / Section 41-12-1
§ 41-12-1. Athletic organization volunteer civil liability; conviction of violation of law required
Status: in_force

Any person or entity who acts without compensation and renders volunteer services as a manager, coach, athletic instructor, umpire, referee or other league official in a formally organized nonprofit sports association for persons under the age of eighteen, to the extent not otherwise covered by insurance, is not liable to any person for any civil damages as a result of any negligent acts or omissions in rendering those services or in conducting or sponsoring that sports program unless:

A. the conduct of that person or entity falls substantially below the standards generally accepted and practiced in the sport in like circumstances by similar persons or similar nonprofit associations rendering those services or conducting that program;

B. it was reasonably foreseeable that the person's or entity's conduct would create a substantial risk of injury or death to the person or property of another; and

C. the harm complained of was not a part of the ordinary give and take common to the particular sport.
N.M. Stat. § 27-11-1 — NM Code / Chapter 27 / Article 11 / Section 27-11-1
§ 27-11-1. Short title
Status: in_force

Chapter 27, Article 11 NMSA 1978 may be cited as the “Medicaid Provider and Managed Care Act”.
N.M. Stat. § 59A-34-5 — NM Code / Chapter 59A / Article 34 / Section 59A-34-5
§ 59A-34-5. Filing, recording of articles; authority to raise capital or transact insurance required
Status: in_force

A. When executed and acknowledged by the incorporators, the articles of incorporation shall be filed with the secretary of state, and copies thereof certified by the secretary of state shall be filed with the superintendent and recorded in the office of the county clerk in the county of New Mexico wherein the corporation proposes to have its principal place of business.

B. Upon completion of such filings and recording, the secretary of state shall issue to the corporation a certificate of incorporation, and incorporation shall be deemed effective as of date of issuance of such certificate.

C. The corporation shall not raise any capital through sale of shares or otherwise except in compliance with Chapter 59A, Article 35 NMSA 1978 , and shall not transact business as an insurer until it has applied for and received from the superintendent a certificate of authority as provided for under Chapter 59A, Article 5 NMSA 1978 .