FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 69-25B-6 — NM Code / Chapter 69 / Article 25B / Section 69-25B-6
§ 69-25B-6. Objectives of the fund; duties of the director
Status: in_force

A. Pursuant to the state reclamation plan, expenditures from the fund shall be used by the director on eligible lands and water and shall reflect the priorities and objectives in the federal Surface Mining Control and Reclamation Act of 1977, 1 as amended.

B. The legislature declares that voids and open and abandoned tunnels, shafts and entryways resulting from any previous mining operation constitute a hazard to the public health or safety and that surface impacts of any underground or surface mining operations may degrade the environment. Notwithstanding the provisions of Subsection A of this section, the director, with the prior approval of the governor and the United States secretary of the interior, may use expenditures from the fund to fill the voids, seal the abandoned tunnels, shafts and entryways and reclaim surface impacts of underground or surface mines that could endanger life and property, constitute a hazard to the public health and safety or degrade the environment. In those instances where mine waste piles are being reworked for conservation purposes, expenditures from the fund may be used to pay the incremental costs of disposing of the wastes from those operations by filling voids and sealing tunnels if the disposal of these wastes meets the purposes of this subsection.
N.M. Stat. § 60-14-15 — NM Code / Chapter 60 / Article 14 / Section 60-14-15
§ 60-14-15. Committee and division; consumer complaints; orders; suspension; revocation
Status: in_force

In addition to the other duties imposed on the committee and division under the Manufactured Housing Act, the committee and division shall receive complaints from any consumer who claims to be harmed by any licensee and shall attempt to have the complaints adjusted to the reasonable satisfaction of the consumer. If the committee or division cannot secure a proper adjustment, the committee or division shall prepare a formal complaint for the consumer, and, pursuant to the provisions of the Uniform Licensing Act, 1 the committee shall determine whether the licensee is in violation of the Manufactured Housing Act or of rules and regulations promulgated under that act. If the licensee is in violation of the Manufactured Housing Act or of the rules and regulations promulgated under that act, the committee may order him to comply, may suspend his license until such time as the licensee complies with the order of the committee or may revoke his license.
N.M. Stat. § 6-23-4 — NM Code / Chapter 6 / Article 23 / Section 6-23-4
§ 6-23-4. Guaranteed utility savings contract; performance guarantee required
Status: in_force

A governmental unit shall not enter into a guaranteed utility savings contract unless a performance guarantee that meets the requirements of this section is delivered by the qualified provider to the governmental unit and that guarantee becomes binding on the parties upon the execution of the guaranteed utility savings contract. The qualified provider shall provide a performance guarantee in the form of a performance bond, a cash bond, a letter of credit issued by a bank with a Moody's or Standard and Poor's rating of “A” or better or any other surety, including insurance, satisfactory to the governmental unit and its approving agency. The guarantee for each year shall be in an amount equal to the amount of the annual guarantee given by the qualified provider in the guaranteed utility savings contract.
N.M. Stat. § 27-2-12.33 — NM Code / Chapter 27 / Article 2 / Section 27-2-12.33
§ 27-2-12.33. Study of the medicaid forward plan
Status: in_force

A. The secretary, in coordination with the superintendent of insurance and in consultation with the medicaid advisory committee, other stakeholders identified by the secretary and representatives of Indian nations, tribes and pueblos that are located wholly or partially in New Mexico, shall study the following operational needs for and effects of implementing the medicaid forward plan and amending the New Mexico medicaid state plan, pursuant to the federal act to provide medical assistance to residents who are under age sixty-five, are not otherwise eligible for and enrolled in mandatory coverage under the New Mexico medicaid state plan and have a household income that exceeds one hundred thirty-three percent of the federal poverty level:

(1) the effects on the individual, group and self-insured health insurance markets, including the New Mexico health insurance exchange and the health benefits programs provided to state or local public employees or public school employees, of providing mandatory or optional medicaid coverage to individuals who would otherwise be eligible for health insurance through those markets;

(2) the effects on health care providers and health care facilities, including reimbursement rates needed to maximize access to health care services;

(3) the operational needs for administering the medicaid forward plan, including staffing and technical needs for enrollment and collection of premiums or cost-sharing;

(4) the funding plan, including necessary expenditures and total revenue generated;

(5) the fiscal effects on recurring and nonrecurring spending in the state budget; and

(6) the financial sustainability, including steps necessary for the department and the superintendent of insurance to apply for federal waivers to maximize federal funding and leverage those waivers to ensure affordability for enrollees in the medicaid forward plan.

B. The secretary's proposed program design for the medicaid forward plan shall be contingent on the results of the study and shall include:

(1) a financing plan, which shall include recommended appropriation of state funds, projected federal funds, savings directly or indirectly attributable to the program design, a sliding scale for premiums and cost-sharing based on household income for individuals eligible to enroll in the medicaid forward plan and other potential cost offsets;

(2) information about recommended reimbursement rates to maximize access to health care services under the medicaid forward plan;

(3) details about the department's operational needs for administering the medicaid forward plan; and

(4) information about federal waivers needed to maximize federal funding and ensure affordability and choice for enrollees.

C. By October 1, 2024, the secretary shall submit a report to the legislative finance committee and the legislative health and human services committee detailing the secretary's study of, and proposed program design for, the medicaid forward plan.
N.M. Stat. § 21-21E-1 — NM Code / Chapter 21 / Article 21E / Section 21-21E-1
§ 21-21E-1. Fund created; administration; purpose
Status: in_force

A. There is created in the state treasury the “Vietnam veterans' scholarship fund”. The fund shall consist of all money appropriated to the fund and any grants, gifts and bequests made to the fund. Any money in the fund that was the result of grants, gifts or bequests shall not revert to the general fund at the end of any fiscal year.

B. The commission [department] shall administer the fund and shall make disbursements from the fund to reimburse educational institutions under the exclusive control of the state for any tuition payments, required student fees and book allowances and to non-state colleges in New Mexico an amount equal to the highest tuition, required student fees and book allowances at a state institution for Vietnam veterans who are residents of New Mexico and are undergraduate post-secondary students, including students who have already received a baccalaureate degree or post-secondary students enrolled in a program of study leading to a master's degree attending educational institutions pursuant to Article 9, Section 14 of the constitution of New Mexico and are in compliance with the institution's satisfactory academic progress requirements. The commission [department] may adopt rules, regulations and procedures as necessary or appropriate to implement the provisions of the act. A financial aid officer may exercise professional judgment when special circumstances exist to adjust cost of attendance or expected family contribution or to modify other factors that make the program responsive to a student's special financial circumstances and for which documentation exists in the student's file within the parameters authorized for this program.
N.M. Stat. § 23-4-4.1 — NM Code / Chapter 23 / Article 4 / Section 23-4-4.1
§ 23-4-4.1. Donations; gifts; bequests
Status: in_force

The New Mexico state veterans' home may accept donations, gifts and bequests of land, money or other things of value for the purposes of Sections 23-4-1 and 23-4-3 NMSA 1978 . The title to such lands, together with all improvements thereon, shall vest in the state, and the deeds thereto, all insurance policies, certificates of water rights and other evidences of ownership of the land or improvements of the New Mexico state veterans' home shall be filed as provided by law. Except as provided by the conditions of such donations, gifts and bequests, all donations and gifts of money shall be deposited by law.
N.M. Stat. § 3-48-6 — NM_STATUTES Code / Chapter 3 / Article 48 / Section 3-48-6
§ 3-48-6. Refuse; protest meeting; confirmation; finality
Status: in_force

A. At the protest hearing authorized in Section 3-48-5 NMSA 1978 , any interested person may protest to the governing body the:

(1) regularity of the proceedings;

(2) amount assessed against the real estate; or

(3) correctness of the amount of the assessment.

B. The governing body shall:

(1) determine the regularity of the proceedings;

(2) correct any errors found in the assessment; and

(3) by resolution, confirm the proceedings and the assessments. The proceedings and assessments so confirmed shall be deemed to be the final determination as to the regularity, validity and correctness of the assessment.
N.M. Stat. § 4-55A-15 — NM_STATUTES Code / Chapter 4 / Article 55A / Section 4-55A-15
§ 4-55A-15. Notice of bid; acceptance of bid
Status: in_force

A. After the board creates an improvement district, the board may proceed as authorized in Section 13 or 14 of the County Improvement District Act or call for sealed bids on the proposed improvement. The notice of the call for bids shall be made in accordance with the provisions of Section 13-1-11 NMSA 1978 .

B. After advertising for bids, the county may make minor alterations or changes in the plans and specifications to correct errors or omissions in the original plans and specifications.

C. The board shall award the contract to the lowest responsible bidder unless the board:

(1) elects to construct the improvement as authorized in Section 13 or 14 of the County Improvement District Act;

(2) rejects all bids submitted for the construction of the improvement. Such bids shall be rejected in the following manner:

(a) if less than three bids are received, the purchase may be made without bids at the best documented obtainable price; or

(b) if three or more bids are received, the county may reject any or all bids but shall readvertise and accept new bids; and

(c) if no new bids are received or if all new bids are rejected, the rejection shall be accompanied by a written statement of the board declaring the reasons for the rejection and the county may then purchase the required items on the open market at the best documented price.
N.M. Stat. § 12-8-23 — NM Code / Chapter 12 / Article 8 / Section 12-8-23
§ 12-8-23. Applicability of act
Status: in_force

The provisions of the Administrative Procedures Act apply to agencies made subject to its coverage by law, or by agency rule or regulation if permitted by law.

In the event of any conflict between any existing law and the provisions of the Administrative Procedures Act, the provisions of the Administrative Procedures Act control unless specific exceptions are enumerated in the law or rule which makes an agency subject to the provisions of the Administrative Procedures Act, or unless a later law provides specific exceptions.
N.M. Stat. § 24-6B-9.2 — NM_STATUTES Code / Chapter 24 / Article 6B / Section 24-6B-9.2
§ 24-6B-9.2. Death record reviews
Status: in_force

Every hospital shall work jointly with the appropriate procurement organization to conduct death record reviews at least annually. The procurement organization shall compile the results of the death record reviews and provide a report to the department of health by September 1 of each year; provided that the report to the department shall not identify hospitals, donors or recipients.
N.M. Stat. § 28-23-4 — NM_STATUTES Code / Chapter 28 / Article 23 / Section 28-23-4
§ 28-23-4. Grievance procedure
Status: in_force

A. A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act may:

(1) maintain an action to establish liability and recover damages and injunctive relief in any court of competent jurisdiction by any one or more employees on behalf of the employee or employees or on behalf of other employees similarly situated; or

(2) seek relief under the Human Rights Act pursuant to the process set out in Sections 28-1-10 through 28-1-13 NMSA 1978 .

B. The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable attorney fees to be paid by the defendant. In any proceedings brought pursuant to the provisions of this section, the employee shall not be required to pay any filing fee or other court costs necessarily incurred in such proceedings.

C. The court in any action brought under this section may order appropriate injunctive relief, including requiring an employer to post in the place of business a notice describing violations by the employer as found by the court or a copy of a cease and desist order applicable to the employer.

D. An action arising under the Fair Pay for Women Act shall be brought no later than two years from the last date of the employee's employment.

E. A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act need not exhaust state administrative remedies.

F. The initiation of an administrative process under the Human Rights Act pursuant to the process set out in Sections 28-1-10 through 28-1-13 NMSA 1978 shall toll the statute of limitations for initiating a claim under the Fair Pay for Women Act.
N.M. Stat. § 5-15-22 — NM Code / Chapter 5 / Article 15 / Section 5-15-22
§ 5-15-22. Exemption from taxation
Status: in_force

The bonds authorized by the Tax Increment for Development Act and the income from the bonds or any other instrument executed as security for the bonds shall be exempt from all taxation by the state or any political subdivision of the state.
N.M. Stat. § 72-20-55 — NM Code / Chapter 72 / Article 20 / Section 72-20-55
§ 72-20-55. Limitations upon incurring any debt
Status: in_force

Nothing in the Eastern Sandoval County Arroyo Flood Control Act shall be construed as creating or authorizing the creation of an indebtedness on the part of any municipality or other public body included in the authority or elsewhere located.
N.M. Stat. § 1-22-7 — NM_STATUTES Code / Chapter 1 / Article 22 / Section 1-22-7
§ 1-22-7. Declaration of candidacy; filing date; penalty
Status: in_force

A. A candidate for a position that will be filled at a regular local election shall file a declaration of candidacy with the proper filing officer between 9:00 a.m. and 5:00 p.m. on the seventieth day before the date of the regular local election.

B. A candidate shall file for only one position in the same local government but may file for a position in more than one local government on the same filing day.

C. A declaration of candidacy shall not be amended after it has been filed with the proper filing officer.

D. Each declaration of candidacy shall be accompanied by a nominating petition containing at least the number of signatures as required by law for the specific office.

E. Each declaration of candidacy shall be delivered for filing in person by the eligible candidate 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.

F. Whoever knowingly makes a false statement in a declaration of candidacy is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978 .
N.M. Stat. § 7-1-42 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-42
§ 7-1-42. Notice of sale
Status: in_force

As soon as practicable after the levy, the secretary or the secretary's delegate shall decide on a time and place for the sale of the property, shall make a diligent inquiry as to the identity and whereabouts of the owner of the property and persons having an interest therein and shall notify the owner and persons having an interest therein of the time and place for the sale. The fact that any person entitled thereto does not receive the notice provided for in this section does not affect the validity of the sale.
N.M. Stat. § 4-38-28 — NM Code / Chapter 4 / Article 38 / Section 4-38-28
§ 4-38-28. Payments without authority; liability of commissioners
Status: in_force

All moneys, county warrants or other indebtedness paid out or ordered to be paid out by any of the said county commissioners before mentioned, without authority of law, each and every county commissioner so doing shall be liable for and to the county for the amount so by them paid out without authority of law and all the costs and expenses incurred in the recovery of such money, which amount shall be collected and recovered in a suit before the district court, and upon the said bond, in the same manner as other actions.
N.M. Stat. § 21-21O-7 — NM_STATUTES Code / Chapter 21 / Article 21O / Section 21-21O-7
§ 21-21O-7. Fund created
Status: in_force

The “teacher preparation affordability scholarship fund” is created as a nonreverting fund in the state treasury that consists of income from investment of the fund; specified distributions; appropriations; and unspecified gifts, grants and donations to the fund. Money in the fund is subject to appropriation by the legislature to the department for scholarship awards as provided in the Teacher Preparation Affordability Act. Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of higher education or the secretary's authorized representative.
N.M. Stat. § 29-19-2 — NM Code / Chapter 29 / Article 19 / Section 29-19-2
§ 29-19-2. Definitions
Status: in_force

As used in the Concealed Handgun Carry Act:

A. “ applicant ” means a person seeking a license to carry a concealed handgun;

B. “ caliber ” means the diameter of the bore of a handgun;

C. “ category ” means whether a handgun is semiautomatic or not semiautomatic;

D. “ concealed handgun ” means a loaded handgun that is not visible to the ordinary observations of a reasonable person;

E. “ department ” means the department of public safety;

F. “ handgun ” means a firearm that will, is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches; and

G. “ licensee ” means a person holding a valid concealed handgun license issued to him by the department.
N.M. Stat. § 21-5-6 — NM_STATUTES Code / Chapter 21 / Article 5 / Section 21-5-6
§ 21-5-6. Transportation of children
Status: in_force

That the superintendent of New Mexico school for the blind and visually impaired, out of the appropriation made for said institute [school], shall pay for the transportation of such children, to and from such institution whenever the parents, guardian or person having control or custody of any such child shall be unable to pay for same: provided, that said board of regents shall prescribe what portion of said appropriation shall be used for said transportation purposes.
N.M. Stat. § 9-25-2 — NM Code / Chapter 9 / Article 25 / Section 9-25-2
§ 9-25-2. Purpose
Status: in_force

The purpose of the Higher Education Department Act is to establish a single, unified department to administer laws and exercise functions formerly administered and exercised by the commission on higher education.
N.M. Stat. § 49-2-7 — NM Code / Chapter 49 / Article 2 / Section 49-2-7
§ 49-2-7. Regular meetings of board; sale of community lands; handling of moneys
Status: in_force

The board of trustees of every such corporation shall hold four meetings in each year on the first Saturdays in the months of January, April, July and October for the transaction of all business of the corporation, of which meetings all persons shall be required to take notice. The corporation shall not be bound by any sale, mortgage, conveyance, lease or other disposition of its common property, or any part thereof, unless the same be made and executed in pursuance of a resolution of such board adopted by the affirmative vote of two-thirds of the members present at any of the regular meetings provided for by this section, and duly entered upon the record of such meeting and attested by the president of said board. The board of trustees may determine the method and advisability of disbursing, investing or handling moneys that come into their hands from the sales and revenues of the grant, and shall fix and determine the nature, amount and costs of improvements they may deem necessary to be made upon the grant by vote of two-thirds of the members present at any meeting. All contracts and vouchers for the payment of money must be signed by the president, and no payment or contract shall be made or effected unless the same be directed by two-thirds majority of the members present at any meeting.
N.M. Stat. § 19-3-11 — NM_STATUTES Code / Chapter 19 / Article 3 / Section 19-3-11
§ 19-3-11. Unlawful enclosure of public lands
Status: in_force

It shall not be legal for any person or persons, company or corporation, to construct and maintain inclosures [enclosures] upon land considered and held as public land in this state, nor to apply the same to private use, which may result in prejudice to the citizens thereto, unless the same be made and sustained in conformity with the provisions of the United States laws relative to government lands or the laws of this state.