FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 3-38-20 — NM_STATUTES Code / Chapter 3 / Article 38 / Section 3-38-20
§ 3-38-20. Ordinance requirements
Status: in_force

The ordinance imposing an occupancy tax or any ordinance amendatory thereof or supplemental thereto, except as limited by or otherwise provided in the Lodgers' Tax Act, shall:

A. provide a procedure for licensing each vendor and for refusing a vendor a license after an opportunity has been given to the vendor of a public hearing thereon by the governing body of the municipality or county, as the case may be;

B. state the rate or other amount of the occupancy tax; the times, place and method for the payment of the occupancy tax proceeds to the municipality or county; the accounts and other records to be maintained in connection with the occupancy tax; a procedure for making refunds and resolving disputes relating to the occupancy tax, including exemptions pertaining thereto; the procedure for preservation and destruction of records and their inspection and investigation; vendor audit requirements; applicable civil and criminal penalties; and a procedure of liens, distraint and sales to satisfy such liens; and

C. provide other rights, privileges, powers, immunities and other details relating to any such vendor licenses, the collection of the occupancy tax and the remittance of the proceeds thereof to the municipality or county.
N.M. Stat. § 12-3-2 — NM Code / Chapter 12 / Article 3 / Section 12-3-2
§ 12-3-2. Adoption of flag for state of New Mexico
Status: in_force

That a flag be and the same is hereby adopted to be used on all occasions when the state is officially and publicly represented, with the privilege of use by all citizens upon such occasions as they may deem fitting and appropriate. Said flag shall be the ancient Zia sun symbol of red in the center of a field of yellow. The colors shall be the red and yellow of old Spain. The proportion of the flag shall be a width of two-thirds its length. The sun symbol shall be one-third of the length of the flag. Said symbol shall have four groups of rays set at right angles; each group shall consist of four rays, the two inner rays of the group shall be one-fifth longer than the outer rays of the group. The diameter of the circle in the center of the symbol shall be one-third of the width of the symbol. Said flag shall conform in color and design described herein.
N.M. Stat. § 21-11-20 — NM Code / Chapter 21 / Article 11 / Section 21-11-20
§ 21-11-20. Interest and retirement fund established
Status: in_force

At the time of issuing said bonds the regents shall establish for the payment of the principal and interest thereof a fund to be known as “interest and retirement fund” into which fund said regents shall immediately place a sum not less than the amount necessary to pay the interest and maturing principal of said bonds for the ensuing twelve (12) months, and annually thereafter shall continue to place in said fund a sufficient amount to pay principal and interest maturing in the succeeding twelve (12) months.
N.M. Stat. § 58-22-22 — NM Code / Chapter 58 / Article 22 / Section 58-22-22
§ 58-22-22. Removal
Status: in_force

A licensee's business shall not be removed from the premises or address shown on the license without thirty days prior written notice to the director and to the customers of the escrow company.
N.M. Stat. § 7-25-4 — NM Code / Chapter 7 / Article 25 / Section 7-25-4
§ 7-25-4. Rate and measure of tax; denomination as “resources tax”
Status: in_force

A. For the privilege of severing natural resources, there is imposed on any severer of natural resources in New Mexico an excise tax at the following rates on the taxable value of the natural resources:

(1) all natural resources except potash and molybdenum, three-fourths of one percent;

(2) potash, one-half of one percent; and

(3) molybdenum, one-eighth of one percent.

B. The tax imposed by this section shall be referred to as the “resources tax”.
N.M. Stat. § 2-7F-56 — NM Code / Chapter 2 / Article 7F / Section 2-7F-56
§ 2-7F-56. Representative district fifty
Status: in_force

Representative district fifty is composed of Sandoval county precincts 5, 28, 55, 56, 76, 89, 90, 114 and 133; and Santa Fe county precincts 14 through 19, 63, 65, 69, 71 through 73, 84, 85, 88, 107, 110, 113 through 115, 125, 126, 134, 139, 148, 150, 156, 157, 165 and 168.
N.M. Stat. § 59A-23-22 — NM Code / Chapter 59A / Article 23 / Section 59A-23-22
§ 59A-23-22. Definitions
Status: in_force

As used in Sections 14 through 22 of this 2023 act:

A. “ generally recognized standards ” means standards of care and clinical practice established by evidence-based sources, including clinical practice guidelines and recommendations from mental health and substance use disorder care provider professional associations and relevant federal government agencies, that are generally recognized by providers practicing in relevant clinical specialties, including:

(1) psychiatry;

(2) psychology;

(3) social work;

(4) clinical counseling;

(5) addiction medicine and counseling; or

(6) family and marriage counseling; and

B. “ mental health or substance use disorder services ” means:

(1) professional services, including inpatient and outpatient services and prescription drugs, provided in accordance with generally recognized standards of care for the identification, prevention, treatment, minimization of progression, habilitation and rehabilitation of conditions or disorders listed in the current edition of the American psychiatric association's Diagnostic and Statistical Manual of Mental Disorders , including substance use disorder; or

(2) professional talk therapy services, provided in accordance with generally recognized standards of care, provided by a marriage and family therapist licensed pursuant to the Counseling and Therapy Practice Act.
N.M. Stat. § 59A-23G-10 — NM Code / Chapter 59A / Article 23G / Section 59A-23G-10
§ 59A-23G-10. Dental plan; erroneously paid claims; restrictions on recovery
Status: in_force

A. A dental plan shall establish policies and procedures for payment recovery, including providing:

(1) notice to the provider that identifies the error made in the processing or payment of the claim;

(2) an explanation of the recovery being sought; and

(3) an opportunity for the provider to appeal the recovery being sought as set forth in Subsection C of this section.

B. A dental plan shall not initiate payment recovery procedures more than twenty-four months after the original payment for a claim was made unless the claim was fraudulent or intentionally misrepresented.

C. A dental plan shall not attempt to recover an erroneously paid claim by withholding or reducing payment for a different claim unless the plan:

(1) notifies the provider, in writing, within twelve months of the erroneously paid claim; and

(2) advises the provider that an automatic deduction shall occur within forty-five days of receiving notification unless the provider submits a written appeal to the plan pursuant to the grievance rules prescribed by the superintendent of insurance.

D. The provisions of this section shall not apply to duplicate payments.
N.M. Stat. § 32A-3B-3 — NM_STATUTES Code / Chapter 32A / Article 3B / Section 32A-3B-3
§ 32A-3B-3. Protective custody; interference with protective custody; penalty
Status: in_force

A. A child may be taken into protective custody by a law enforcement officer without a court order when the officer has reasonable grounds to believe that the child:

(1) has run away from the child's parent, guardian or custodian;

(2) without parental supervision is suffering from illness or injury;

(3) has been abandoned;

(4) is endangered by the child's surroundings and removal from those surroundings is necessary to ensure the child's safety;

(5) is engaged in an act that would be designated as prostitution if committed by an adult; or

(6) is a victim of human trafficking as defined in Section 30-52-1 NMSA 1978 .

B. A child may be taken into protective custody pursuant to a court order issued after an agency legally charged with the supervision of the child has notified a law enforcement agency that the child has run away from a placement.

C. When a child is taken into protective custody, the department shall make a reasonable effort to determine whether the child is an Indian child.

D. Any person, other than the child taken into protective custody, who interferes with placing the child in protective custody is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978 .
N.M. Stat. § 59A-4-21 — NM Code / Chapter 59A / Article 4 / Section 59A-4-21
§ 59A-4-21. Immunity from civil liability
Status: in_force

A. No cause of action shall arise nor shall any liability be imposed against the superintendent, the superintendent's authorized representatives or any examiner appointed by the superintendent for any statements made or conduct performed in good faith while carrying out the provisions of Chapter 59A, Article 4 NMSA 1978 .

B. No cause of action shall arise nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the superintendent or the superintendent's authorized representative or examiner pursuant to an examination made under Chapter 59A, Article 4 NMSA 1978 , if such act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.

C. This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in Subsection A of this section.

D. A person identified in Subsection A of this section shall be entitled to an award of attorneys' fees and costs if he is the prevailing party in a civil cause of action for libel, slander or any other relevant tort arising out of activities in carrying out the provisions of Chapter 59A, Article 4 NMSA 1978 and the party bringing the action was not substantially justified in doing so. For purposes of this section a proceeding is “substantially justified” if it had a reasonable basis in law or fact at the time that it was initiated.
N.M. Stat. § 34-6-42 — NM Code / Chapter 34 / Article 6 / Section 34-6-42
§ 34-6-42. Finance; federal functions
Status: in_force

District court clerks shall collect fees required by federal law for services in connection with naturalization, passport applications and other matters.
N.M. Stat. § 15-3B-8 — NM_STATUTES Code / Chapter 15 / Article 3B / Section 15-3B-8
§ 15-3B-8. Acquisition of land
Status: in_force

The division may acquire land through purchase or through gift or donation; provided, however, that acquisitions shall first be approved by the state board of finance. The title of acquired land shall vest in the state.
N.M. Stat. § 59A-8-15 — NM Code / Chapter 59A / Article 8 / Section 59A-8-15
§ 59A-8-15. Valuation of property
Status: in_force

A. Real property held by a company may be valued at not more than: its cost plus the cost of capitalized additions and permanent improvements, less depreciation, or its fair market value as determined by appraisal within the most recent three years, whichever is less. Depreciation shall be computed under the straight line method or, at the option of the company, under any other method resulting in larger accumulated depreciation at any given time. Depreciation of any buildings shall be based upon an estimated useful life of not more than fifty years.

B. Property acquired in satisfaction of a debt shall be valued at its fair market value or the amount of the debt, including capitalized taxes and expenses, whichever amount is less.
N.M. Stat. § 7-9A-7.1 — NM Code / Chapter 7 / Article 9A / Section 7-9A-7.1
§ 7-9A-7.1. Employment requirements
Status: in_force

A. Prior to July 1, 2030, to be eligible to claim a credit pursuant to the Investment Credit Act, the taxpayer shall employ the equivalent of one full-time employee who has not been counted to meet this employment requirement for any prior claim in addition to the number of full-time employees employed on the day one year prior to the day on which the taxpayer applies for the credit for every:

(1) seven hundred fifty thousand dollars ($750,000), or portion of that amount, in value of qualified equipment claimed by the taxpayer in a taxable year in the same claim, up to a value of thirty million dollars ($30,000,000); and

(2) one million dollars ($1,000,000), or portion of that amount, in value of qualified equipment over thirty million dollars ($30,000,000) claimed by the taxpayer in a taxable year in the same claim.

B. The department may require evidence showing compliance with this section. The department may find that an additional employee meets the requirements of this section, although employed earlier than one year prior to the day on which the taxpayer applies for the credit, if the employee was only being trained prior to that date or the employee's employment was necessitated by the use of the qualified equipment.
N.M. Stat. § 24-1A-3 — NM_STATUTES Code / Chapter 24 / Article 1A / Section 24-1A-3
§ 24-1A-3. Definitions
Status: in_force

As used in the Rural Primary Health Care Act:

A. “health care underserved areas” means a geographic area in which it has been determined by the department of health, through the use of indices and other standards set by the department, that sufficient primary health care is not being provided to the citizens of that area;

B. “eligible programs” means nonprofit community-based entities that provide or commit to provide primary health care services for residents of health care underserved areas and includes rural health facilities and those serving primarily low-income populations;

C. “department” means the department of health; and

D. “primary health care” means the first level of basic or general health care for an individual's health needs, including diagnostic and treatment services.
N.M. Stat. § 42-5A-12 — NM Code / Chapter 42 / Article 5A / Section 42-5A-12
§ 42-5A-12. Uniformity of application and construction
Status: in_force

In applying and construing the Uniform Partition of Heirs Property Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
N.M. Stat. § 11-3A-19 — NM_STATUTES Code / Chapter 11 / Article 3A / Section 11-3A-19
§ 11-3A-19. Remedies of an obligee
Status: in_force

An obligee of a regional housing authority shall have the right, in addition to all other rights that may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee, to:

A. compel by mandamus, suit, action or proceeding at law or in equity, the regional housing authority and its officers, agents or employees to perform every term, provision and covenant contained in any contract of the regional housing authority with or for the benefit of the obligee and to require the carrying out of all covenants and agreements of the regional housing authority and the fulfillment of all duties imposed upon the regional housing authority by the Regional Housing Law; and

B. enjoin by suit, action or proceeding in equity, any acts or things that may be unlawful or in violation of the rights of the obligee of the regional housing authority.
N.M. Stat. § 12-10A-14 — NM_STATUTES Code / Chapter 12 / Article 10A / Section 12-10A-14
§ 12-10A-14. Immunity
Status: in_force

During a state of public health emergency, the state, its political subdivisions, the governor, the secretary of health, the secretary of public safety, the director or any other state or local officials or personnel who assist during the public health emergency are liable for the death of a person, injury to a person or damage to property, only to the extent permitted in the Tort Claims Act, as a result of complying with the provisions of the Public Health Emergency Response Act or a rule adopted pursuant to that act.
N.M. Stat. § 73-14-45 — NM Code / Chapter 73 / Article 14 / Section 73-14-45
§ 73-14-45. Passing equipment through bridge or grade
Status: in_force

In case it be necessary to pass any dredgeboat, or other equipment through a bridge or grade of any person or public corporation, the board shall give notice to the owner of said bridge or grade that the same shall be removed temporarily to allow the passage of such equipment, or that an agreement be immediately entered into in regard thereto. The owner of said bridge or grade shall keep an itemized account of the cost of the removal, and if necessary, of the replacing of said bridge or grade, and the necessary actual cost shall be paid by the district. In case the owner of said bridge or grade shall fail to commence or complete provisions for the passage of said equipment within the time specified in the notice, the board may remove such bridge or grade at its own expense, interrupting traffic in the least degree consistent with good work and without unnecessary damage or delay. In case it shall be hindered or prevented from so doing, the owner of said bridge or grade shall be liable for all damage resulting to the district therefrom.
N.M. Stat. § 10-7E-12 — NM_STATUTES Code / Chapter 10 / Article 7E / Section 10-7E-12
§ 10-7E-12. Hearing procedures
Status: repealed

A. The board or local board may hold hearings for the purposes of:

(1) information gathering and inquiry;

(2) adopting rules; and

(3) adjudicating disputes and enforcing the provisions of the Public Employee Bargaining Act and rules adopted pursuant to that act.

B. The board or local board shall adopt rules setting forth procedures to be followed during hearings of the board or local board. The procedures adopted for conducting adjudicatory hearings shall meet all minimal due process requirements of the state and federal constitutions.

C. The board or local board may appoint a hearing examiner to conduct any adjudicatory hearing authorized by the board or local board. At the conclusion of the hearing, the examiner shall prepare a written report, including findings and recommendations, all of which shall be submitted to the board or local board for its decision.

D. A rule proposed to be adopted by the board or local board that affects a person or governmental entity outside of the board or local board and its staff shall not be adopted, amended or repealed without public hearing and comment on the proposed action before the board or local board. The public hearing shall be held after notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained. All meetings of the board shall be held in New Mexico. All meetings of local boards shall be held in the county of residence of the local public employer. Notice shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation in the state or, in the case of a local board hearing, in a newspaper of general circulation in the county, and notice shall be mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearings.

E. All adopted rules shall be filed in accordance with applicable state statutes.

F. A verbatim record made by electronic or other suitable means shall be made of every rulemaking and adjudicatory hearing. The record shall not be transcribed unless required for judicial review or unless ordered by the board or local board.
N.M. Stat. § 57-22-11 — NM Code / Chapter 57 / Article 22 / Section 57-22-11
§ 57-22-11. Exemptions from state and local taxation
Status: in_force

Every officer, agency, board or commission of this state, or political subdivision of this state receiving applications for exemption from taxation shall provide to the attorney general copies of all the applications, supporting documents and official responses.
N.M. Stat. § 7-36-3.2 — NM_STATUTES Code / Chapter 7 / Article 36 / Section 7-36-3.2
§ 7-36-3.2. Enterprise zone property; tax status of lessee's interests
Status: in_force

Property interests of a lessee in project property held under a lease with respect to a project authorized by the Enterprise Zone Act 1 and acquired or held by a local government are exempt from property taxation for a period not to exceed ten years from the date of execution of the first lease of the project by the local government.
N.M. Stat. § 6-15-15 — NM_STATUTES Code / Chapter 6 / Article 15 / Section 6-15-15
§ 6-15-15. Exchange for bonds to be refunded; sales
Status: in_force

All such refunding bonds may be exchanged dollar for dollar for the bonds to be refunded, or they may be sold as directed by the governing body, and the proceeds thereof shall be applied only to the purpose for which said refunding bonds were issued.
N.M. Stat. § 67-3-48 — NM Code / Chapter 67 / Article 3 / Section 67-3-48
§ 67-3-48. Partial payments on road contracts; progress estimates; limitation; division of amounts
Status: in_force

Partial payments may be made on any contract for highway improvement under the provisions of this act, as the work progresses. Progress estimates shall be based on materials in place and labor expended thereon, but no more than ninety-five percent of the contract price of the work shall be paid in advance of the full completion of such contract and its acceptance by the state highway engineer. The state and county shall each pay its proportionate share of such partial payments on the certification of the amount thereof by the state highway engineer.
N.M. Stat. § 14-4A-1 — NM_STATUTES Code / Chapter 14 / Article 4A / Section 14-4A-1
§ 14-4A-1. Short title
Status: in_force

This act may be cited as the “Small Business Regulatory Relief Act”.
N.M. Stat. § 4-49-11 — NM_STATUTES Code / Chapter 4 / Article 49 / Section 4-49-11
§ 4-49-11. Ballots
Status: in_force

The vote at all such elections shall be by ballot, on tickets or ballots having written or printed words, “For courthouse bonds,” or “Against,” [or] any other work of improvement for which bonds are to be voted, as the case may be.
N.M. Stat. § 19-10B-6 — NM Code / Chapter 19 / Article 10B / Section 19-10B-6
§ 19-10B-6. ONGARD system; sales; licenses
Status: in_force

Any software or other property developed pursuant to the provisions of the ONGARD System Development Act shall be owned by the commissioner of public lands. The commissioner of public lands is authorized to enter into sales agreements, licensing arrangements and other business relationships with other state agencies within New Mexico and with other public and private entities for the purpose of marketing the property. Any sale proceeds, licensing fees, royalties or other revenue arising from such relationships shall be used to retire the bonds or, if the bonds have been fully retired, shall be deposited into the state lands maintenance fund.
N.M. Stat. § 73-16-40 — NM Code / Chapter 73 / Article 16 / Section 73-16-40
§ 73-16-40. Limited repeal
Status: repealed

All provisions of the original Conservancy Act of New Mexico conflicting herewith or limiting the power of conservancy district to issue or sell negotiable securities conforming to the provisions of this act are to that extent repealed, but no remaining provisions of said Conservancy Act, otherwise than necessary to conform hereto or affected hereby shall be changed, altered or repealed.