FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 60-6E-3 — NM Code / Chapter 60 / Article 6E / Section 60-6E-3
§ 60-6E-3. Definitions
Status: in_force

As used in the Alcohol Server Education Article of the Liquor Control Act:

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

B. “ division ” means the alcoholic beverage control division of the regulation and licensing department;

C. “ licensee ” means a person issued a license pursuant to the provisions of the Liquor Control Act to sell, serve or dispense alcoholic beverages for consumption and not for resale;

D. “ program ” means an alcohol server education course and examination approved by the director to be administered by providers;

E. “ provider ” means an individual, partnership, corporation, public or private school or any other legal entity certified by the director to provide a program;

F. “ server ” means an individual who sells, serves, or dispenses alcoholic beverages for consumption on or off licensed premises, including persons who manage, direct or control the sale or service of alcohol and when the context requires, includes a person who delivers alcoholic beverages. “Server” does not include officers of a corporate licensee or lessee who do not manage, direct or control the sale, delivery or service of alcohol; and

G. “ server permit ” means an authorization issued by the director for a person to be employed or engaged to sell, serve or dispense alcoholic beverages.
N.M. Stat. § 7-1-62 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-62
§ 7-1-62. Duty of secretary; release of successor
Status: in_force

A. Within thirty days after receiving from the successor a written request for a certificate, or within thirty days from the date the former owner's records are made available for audit, whichever period expires the later, but in any event not later than sixty days after receiving the request, the secretary or secretary's delegate shall either issue the certificate or mail a notice to the successor of the amount of tax due from operating the business for which the former owner is liable and which must be paid as a condition of issuing the certificate.

B. Failure of the department to mail or deliver the notice of tax due within the required time releases the successor from any obligation as a successor under Section 7-1-61 NMSA 1978 .
N.M. Stat. § 73-10-40 — NM Code / Chapter 73 / Article 10 / Section 73-10-40
§ 73-10-40. Order granting or denying petition for excluding land; protest of electors
Status: in_force

The board of directors, if they deem it not for the best interest of the district that the lands mentioned in the petition or some portion thereof, should be excluded from said district, shall order that said petition be denied; but if they deem it for the best interest of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if there are no outstanding bonds of the district, then the board may order the lands mentioned in the petition, or some defined portion thereof, to be excluded from the district; provided, if within thirty days from the making of such order a majority of the qualified electors of the district protest in writing to said board against the exclusion of such lands from said district, said order shall be held for naught and such lands shall not be excluded therefrom.

Provided, further, that in case contract has been made between the district and the United States as in Section 13 hereof provided, no change shall be made in the boundaries of the district, and the board of directors shall make no order changing the boundaries of the district until the secretary of the interior shall assent thereto in writing and such assent shall be filed with the board of directors.
N.M. Stat. § 18-6-2 — NM_STATUTES Code / Chapter 18 / Article 6 / Section 18-6-2
§ 18-6-2. Purpose of act
Status: in_force

The legislature hereby declares that the historical and cultural heritage of the state is one of the state's most valued and important assets; that the public has an interest in the preservation of all antiquities, historic and prehistoric ruins, sites, structures, objects and similar places and things for their scientific and historical information and value; that the neglect, desecration and destruction of historical and cultural sites, structures, places and objects results in an irreplaceable loss to the public; and that therefore it is the purpose of the Cultural Properties Act to provide for the preservation, protection and enhancement of structures, sites and objects of historical significance within the state, in a manner conforming with, but not limited by, the provisions of the National Historic Preservation Act of 1966 1 ( P.L. 89-665 ).
N.M. Stat. § 30-18-9 — NM Code / Chapter 30 / Article 18 / Section 30-18-9
§ 30-18-9. Dog fighting and cockfighting; penalty
Status: in_force

A. It is unlawful for any person to cause, sponsor, arrange, hold or participate in a fight between dogs or cocks for the purpose of monetary gain or entertainment. Participation in a fight between dogs or cocks for the purpose of monetary gain or entertainment consists of an adult knowingly:

(1) being present at a dog fight without attempting to interfere with or stop the contest; or

(2) owning or equipping one of the participating dogs or cocks with knowledge of the contest.

B. It is unlawful to train, equip or sponsor a dog or cock for the purpose of having it participate in a fight with another dog or cock, respectively, for monetary gain or entertainment.

C. Any person violating the provisions of Subsection A or B of this section, as it pertains to dogs, is guilty of a fourth degree felony.

D. Any person violating the provisions of Subsection A or B of this section as it pertains to cocks:

(1) upon a first conviction, is guilty of a petty misdemeanor;

(2) upon a second conviction, is guilty of a misdemeanor; and

(3) upon a third or subsequent conviction, is guilty of a fourth degree felony.
N.M. Stat. § 7-12-12 — NM_STATUTES Code / Chapter 7 / Article 12 / Section 7-12-12
§ 7-12-12. Shipment of unstamped cigarettes in New Mexico
Status: in_force

A. A person that ships unstamped packages of cigarettes into New Mexico other than to a distributor shall first file a notice of the shipment with the department.

B. A person that transports unstamped packages of cigarettes into or within New Mexico shall carry, in the transporting vehicle, invoices or equivalent documents applicable to all cigarettes in the shipment. The invoices or documents shall show:

(1) the name and address of the consignor or seller;

(2) the name and address of the consignee or purchaser; and

(3) the quantity of each brand of cigarettes transported.

C. The provisions of Subsections A and B of this section shall not apply to a common or contract carrier transporting cigarettes through New Mexico to another location pursuant to a proper bill of lading or freight bill that states the quantity, source and destination of the cigarettes.

D. The department may, by regulation, require and prescribe the contents of reports to be filed with the department by persons transporting unstamped packages of cigarettes in New Mexico.
N.M. Stat. § 21-21-4 — NM_STATUTES Code / Chapter 21 / Article 21 / Section 21-21-4
§ 21-21-4. Conditions of loan
Status: in_force

The amount of any loan to a qualified student shall be determined according to regulations promulgated by the state board of educational finance [commission on higher education [higher education department]]. No payment shall be made to any qualified student until he has executed a note, guaranteed by the United States and payable to the student loan sinking fund, for the full amount of the loan and applicable interest. For the purpose of the Student Loan Act, a qualified student has the capacity to contract and is bound by any contract executed by him; the defense that he was a minor at the time he executed a note is not available to him in any action arising on his note. Payments to qualified students executing notes may be made annually, semiannually, quarterly, monthly or for each semester as determined by the participating institution, depending upon the demonstrated capacity of the student to manage his financial affairs. The rate of interest charged the student shall be the maximum authorized by federal regulations. Disbursements may be made to a participating institution pursuant to a contract between the fiscal agent and the participating institution executed under the Student Loan Act.
N.M. Stat. § 53-19-64 — NM Code / Chapter 53 / Article 19 / Section 53-19-64
§ 53-19-64. Execution by judicial act
Status: in_force

Any person who is adversely affected by the failure or refusal of any person to execute or file any articles or other document to be filed pursuant to the Limited Liability Company Act may petition the court in the county where the registered office of the limited liability company is located or, if no such address is on file with the secretary of state, in Santa Fe county, to direct the execution and filing of the articles or other document. If the court finds that it is proper for the articles or other document to be executed and filed and that there has been failure or refusal to execute and file such articles or other documents, it shall order the secretary of state to file the appropriate articles or other document.
N.M. Stat. § 48-3-18 — NM Code / Chapter 48 / Article 3 / Section 48-3-18
§ 48-3-18. Penalty for removal of property on which lien has attached
Status: in_force

Any person removing or attempting to remove any property on which the owner or operator of any hotel, rooming house, apartment house, rental dwellings, auto court, trailer court or campground has a lien for any sum due such owner or operator for rent, services or accommodations as provided in this act, without the written consent of such owner or operator; shall be guilty of a misdemeanor and upon conviction shall be punished by fine of not more than $50.00 or by imprisonment in the county jail for a period not to exceed 30 days or by both such fine and imprisonment.
N.M. Stat. § 6-10-2 — NM Code / Chapter 6 / Article 10 / Section 6-10-2
§ 6-10-2. Public money; cash books; daily balance; public record
Status: in_force

It is the duty of every public official or agency of this state that receives or disburses public money to maintain a cash record in which is entered daily, in detail, all items of receipts and disbursements of public money. The cash record shall be balanced daily so as to show the balance of public money on hand at the close of each day's business. Except as may be otherwise provided by law, the cash record is a public record and is open to public inspection.
N.M. Stat. § 22-10B-6 — NM Code / Chapter 22 / Article 10B / Section 22-10B-6
§ 22-10B-6. Teacher residency program participant selection requirements
Status: in_force

The public post-secondary educational institution or tribal college shall establish criteria for selection of individuals to participate in the program. The selection criteria shall include:

A. a demonstration of comprehensive subject area knowledge or a record of accomplishment or professional experience in the field or subject area to be taught;

B. strong verbal and written communication skills, which may be demonstrated by performance on appropriate tests or performance assessments;

C. other dispositions linked to effective teaching, which may be determined by interviews or performance assessments; and

D. consideration given to a participant's ability to increase the racial, ethnic or linguistic diversity of the teacher workforce.
N.M. Stat. § 72-5A-5 — NM Code / Chapter 72 / Article 5A / Section 72-5A-5
§ 72-5A-5. Notice; protests; hearings; determinations; judicial review
Status: in_force

A. Upon receipt of an application for a permit to construct and operate a project, the state engineer shall endorse on the application the date it was received and shall keep a record of the application. The state engineer shall conduct an initial review of the application within sixty days of receipt. If the state engineer determines in the initial review that the application is incomplete, the state engineer shall notify the applicant of the application's deficiencies. The application shall remain incomplete until the applicant provides all information required by the Ground Water Storage and Recovery Act. The state engineer may request additional information from the applicant and shall conduct an investigation of the project.

B. Within thirty days after determining that an application is complete, unless an extension is requested by the applicant, the state engineer shall proceed in accordance with the provisions of Section 1 of this 2019 act regarding notice of the application. The notice shall contain:

(1) the legal description of the location of the proposed project;

(2) a brief description of the proposed project, including its capacity;

(3) the name of the applicant;

(4) the date of the last publication; and

(5) the requirements for an objection.

C. A person objecting that the granting of the application will impair the objector's water right, will be contrary to the conservation of water or will be detrimental to the public welfare and showing that the objector will be substantially and specifically affected by the granting of the application shall have standing to file objections or protests; provided, however, that the state or any of its branches, agencies, departments, boards, instrumentalities or institutions, and all political subdivisions of the state and their agencies, instrumentalities and institutions shall have standing to file objections or protests.

D. An objection shall be filed in writing, include the name and mailing address of the objector, identify the grounds for the objection and include the signature of the objector or the objector's legal representative. The state engineer shall schedule a hearing on the application and provide at least thirty days' notice of the hearing, by certified mail, to the applicant and any objector.

E. After the expiration of the time for filing objections, if no objections have been filed, the state engineer shall, if the state engineer finds that the application meets the requirements of the Ground Water Storage and Recovery Act, issue a permit to the applicant to construct the project to store and recover all or a part of the waters applied for, as conditioned by the state engineer.

F. A person or governmental entity aggrieved by any decision of the state engineer may appeal that decision to the district court pursuant to Section 72-7-1 NMSA 1978 .
N.M. Stat. § 10-11-24 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-24
§ 10-11-24. State general member coverage plan 2; final average salary
Status: in_force

Under state general member coverage plan 2, the final average salary is one thirty-sixth of the greatest aggregate amount of salary paid a member for thirty-six consecutive months of credited service. Under state general member coverage plan 2, if a member has less than thirty-six months of credited service, the final average salary is the aggregate amount of salary paid a member for the member's period of credited service divided by the member's credited service.
N.M. Stat. § 59A-17-17.1 — NM Code / Chapter 59A / Article 17 / Section 59A-17-17.1
§ 59A-17-17.1. Experience modification factor; workers' compensation claims; New Mexico Works Act
Status: in_force

A. Workers' compensation claims by participants as defined in the New Mexico Works Act shall be separately recorded and maintained in the calculation of the experience modification factor used to calculate premiums for the participating employer so that the experience modification factor attributable to claims by participants can be separated from the remainder of the employer's experience modification factor.

B. The separately calculated experience modification factor for the first year of employment of each participant shall not be considered as part of the experience modification factor of any employer. The superintendent of insurance shall promulgate rules to implement this section.

C. For the purpose of this section, “ participants ” means participants as defined in the New Mexico Works Act.
N.M. Stat. § 21-12-21 — NM Code / Chapter 21 / Article 12 / Section 21-12-21
§ 21-12-21. New Mexico military institute; transfer of budget balances
Status: in_force

With the approval of the higher education department, the board of regents of the New Mexico military institute may, each fiscal year, transfer up to five hundred thousand dollars ($500,000) of the institute's budget balances, including existing scholarship endowments, to the Luciano “Lucky” Varela opportunity scholarship fund established to implement the Luciano “Lucky” Varela opportunity scholarship.
N.M. Stat. § 5-15B-2 — NM_STATUTES Code / Chapter 5 / Article 15B / Section 5-15B-2
§ 5-15B-2. Duration of authorization
Status: repealed

The duration of the authorization for issuance of bonds in this act shall be twenty-five years from the date of issuance of the first series of tax increment bonds of the district, unless and until this act is repealed or modified by the legislature.
N.M. Stat. § 19-7-66 — NM Code / Chapter 19 / Article 7 / Section 19-7-66
§ 19-7-66. Perjury in contest proceedings; penalty
Status: in_force

Every person who shall knowingly and willfully swear falsely, concerning any material matter or thing, respecting which he shall be required to depose in any such contest, shall be deemed guilty of perjury, and upon conviction thereof shall be punished by imprisonment for not more than five years, nor less than two years.
N.M. Stat. § 11-7-3 — NM_STATUTES Code / Chapter 11 / Article 7 / Section 11-7-3
§ 11-7-3. Supplementary agreements
Status: in_force

The compact administrator may enter into supplementary agreements with appropriate officials of other states under Articles VII and XI of the compact. In the event that the supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction the institution or facility is operated or whose department or agency will be charged with the rendering of the service.
N.M. Stat. § 61-17A-4 — NM Code / Chapter 61 / Article 17A / Section 61-17A-4
§ 61-17A-4. Cosmetology defined
Status: in_force

Cosmetology means the practice of those services that include:

A. arranging, dressing, curling, waving, cleansing, cutting, bleaching, coloring, straightening or similar work upon the hair of a person, whether by hand or through the use of chemistry or of mechanical or electrical apparatus or appliances;

B. using cosmetic preparations, antiseptics, tonics, lotions or creams or massaging, cleansing, stimulating, manipulating, beautifying or performing similar work on the body of a person;

C. manicuring and pedicuring the nails of a person;

D. caring for and servicing wigs and hair pieces; or

E. removing of unwanted hair except by means of electrology.
N.M. Stat. § 9-2A-8.2 — NM Code / Chapter 9 / Article 2A / Section 9-2A-8.2
§ 9-2A-8.2. Prohibition on employment for individuals with substantiated allegations of child abuse or neglect; prohibition on convicted felons; disciplinary action; confidentiality of abuse and neglect records
Status: in_force

A. No employee, staff member or volunteer at the department, including prospective employees, having direct unsupervised contact with department clients, nor the superiors of any such employee, staff member or volunteer, shall have been the subject of a substantiated allegation of child abuse or neglect.

B. No employee, staff member or volunteer at the department who has direct unsupervised contact with department clients, or the superiors of an employee, staff member or volunteer at the department who has direct unsupervised contact with department clients, shall have been convicted of a felony offense that is directly related to the job duties of the employee by a court of this state, any other state or the United States.

C. Any employee or staff member subject to the Personnel Act who has been the subject of a substantiated allegation of abuse or neglect as investigated and determined by the department may be subject to increased supervision or disciplinary action under the Personnel Act. 1 Upon appeal of a disciplinary action to the personnel board pursuant to this section, the personnel board shall defer to the record of the administrative hearing affirming a substantiated allegation of abuse or neglect, if one exists, in determining whether the action taken by the agency was with just cause.

D. An employee or a staff member of the department subject to dismissal under this section shall have no right to progressive discipline as a condition precedent to discipline under this section.

E. In any appeal of an employee or staff member to the personnel board as provided by the Personnel Act, records that are otherwise confidential pursuant to the Abuse and Neglect Act shall be discoverable by the parties and admissible as to any relevant fact; provided that any identifying information related to the reporting party, any other party providing information and information the department finds would be likely to endanger the life or safety of any person providing information to the department may be redacted.
N.M. Stat. § 7-1-71.1 — NM Code / Chapter 7 / Article 1 / Section 7-1-71.1
§ 7-1-71.1. Tax return preparers; requirements; penalties
Status: in_force

A. The secretary may require by regulation any tax return preparer with respect to any return of income tax or claim for refund with respect to income tax to sign such return or claim for refund.

B. The secretary may require by regulation any tax return preparer with respect to any return of income tax or claim for refund with respect to income tax to furnish the tax return preparer's identification number on such return or claim for refund.

C. Any tax return preparer with respect to any return of income tax or claim for refund with respect to income tax who is required by regulations promulgated by the secretary to sign a return or claim for refund or to furnish an identification number on such return or claim for refund and who fails to sign such return or claim for refund or to furnish an identification number on such return or claim for refund shall pay a penalty of twenty-five dollars ($25.00) for such failure unless it is shown that such failure is due to reasonable cause and not due to willful neglect.

D. Any tax return preparer who endorses or otherwise negotiates, either directly or through an agent, any warrant in respect of the Income Tax Act 1 issued to a taxpayer, other than the tax return preparer, shall pay a penalty of five hundred dollars ($500) with respect to each such warrant; provided that the provisions of this subsection shall not apply with respect to the deposit by a bank, savings and loan association, credit union or other financial corporation of the full amount of the warrant in the taxpayer's account for the benefit of the taxpayer.

E. For the purposes of this section, any penalty determined to be due shall be considered to be tax due.
N.M. Stat. § 20-12-31 — NM_STATUTES Code / Chapter 20 / Article 12 / Section 20-12-31
§ 20-12-31. Releasing prisoner without proper authority
Status: in_force

Any person subject to Chapter 20 NMSA 1978 who, without proper authority, releases any prisoner committed to his charge or who through neglect or design suffers any such prisoner to escape shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with law.