FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 32A-28-28 — NM Code / Chapter 32A / Article 28 / Section 32A-28-28
§ 32A-28-28. Dispositional judgments; court findings
Status: in_force

A. At the conclusion of a dispositional hearing in a child custody proceeding involving an Indian child, in addition to other requirements for a court's findings pursuant to the Children's Code, when the judgment is made in a child custody proceeding held pursuant to the Family in Need of Court-Ordered Services Act or the Abuse and Neglect Act, a court shall include findings of:

(1) whether the placement preferences set forth in the Indian Family Protection Act have been incorporated into a plan for family services made pursuant to Section 32A-3B-15 NMSA 1978 or in a case plan as described in Section 32A-4-21 NMSA 1978; provided that if those placement preferences are not incorporated into the plan for family services or the case plan, good cause for noncompliance shall be clearly stated and supported by clear and convincing evidence;

(2) whether the plan for family services or the case plan provides for maintenance of the Indian child's cultural ties;

(3) how the Indian child's cultural needs are considered and how, when reasonable, access to cultural practices and traditional treatment will be provided to the child; and

(4) whether the Indian child's tribe was included in developing the case plan for the Indian child and was provided a copy of the transition plan prior to the presentation of the plan to the court.

B. The court shall determine during a review of a dispositional judgment involving an Indian child pursuant to Section 32A-4-25 NMSA 1978 whether the judgment complies with the placement preferences set forth in the Indian Family Protection Act or the placement preferences of the Indian child's tribe and whether the child's case plan as described in Section 32A-4-21 NMSA 1978 provides for maintaining the Indian child's cultural ties. When placement preferences are not followed, good cause for noncompliance shall be clearly stated and supported by clear and convincing evidence. A court's determination of good cause shall be made on the record or in writing and shall be based on the considerations set forth in the federal regulations or other factors authorized by federal and state law.

C. The court shall make findings determining that the department made active efforts pursuant to the Indian Family Protection Act to meet the requirements of this section and may continue to exercise its jurisdiction for a period not to exceed one year from the Indian child's eighteenth birthday. The young adult must consent to continued jurisdiction of the court. Additionally, the Indian child may volunteer to participate in the fostering connections program through the department. The court may dismiss the case at any time after the Indian child's eighteenth birthday for good cause.

D. When the child is an Indian child, the court shall determine during review of a dispositional order whether all requirements pursuant to Section 27 of the Indian Family Protection Act were followed.
N.M. Stat. § 4-17-2 — NM_STATUTES Code / Chapter 4 / Article 17 / Section 4-17-2
§ 4-17-2. County seat
Status: in_force

The county seat of the county of McKinley shall be and the same is hereby located in the town of Gallup in said county.
N.M. Stat. § 72-5A-2 — NM Code / Chapter 72 / Article 5A / Section 72-5A-2
§ 72-5A-2. Legislative findings
Status: in_force

The legislature finds that:

A. conjunctive use and administration of both surface and ground waters are essential to the effective and efficient use of the state's limited water supplies; and

B. ground water recharge, storage and recovery have the potential to:

(1) offer savings in the costs of capital investment, operation and maintenance and flood control and may improve water and environmental quality;

(2) reduce the rate at which ground water levels will decline and may prevent overstressing or dewatering aquifer systems;

(3) promote conservation of water within the state;

(4) serve the public welfare of the state; and

(5) may lead to more effective use of the state's water resources.
N.M. Stat. § 1-2-11 — NM Code / Chapter 1 / Article 2 / Section 1-2-11
§ 1-2-11. Election board; assignment
Status: in_force

Wherever possible, the county clerk shall assign persons appointed as election board members to serve in precincts wherein they reside or in precincts located in the representative district wherein they reside. In the event of a shortage or absence of election board members in certain precincts, the county clerk may, in the best interest of the election process, assign appointed election board members to serve on any election board in the county; provided that such appointed board members shall not change the proportionate representation of each party on the board.
N.M. Stat. § 22-8-12.1 — NM Code / Chapter 22 / Article 8 / Section 22-8-12.1
§ 22-8-12.1. Membership projections and budget requests
Status: in_force

A. Each local school board or governing body of a state-chartered charter school shall submit annually, on or before October 15, to the department:

(1) an estimate for the succeeding fiscal year of:

(a) the membership of qualified students to be enrolled in the basic program;

(b) the full-time-equivalent membership of students to be enrolled in approved early childhood education programs; and

(c) the membership of students to be enrolled in approved special education programs;

(2) all other information necessary to calculate program costs; and

(3) any other information related to the financial needs of the school district or state-chartered charter school as may be requested by the department.

B. All information requested pursuant to Subsection A of this section shall be submitted on forms prescribed and furnished by the department and shall comply with the department's rules and procedures.

C. The department shall:

(1) review the financial needs of each school district or state-chartered charter school for the succeeding fiscal year; and

(2) submit annually, on or before November 30, to the secretary of finance and administration the recommendations of the department for:

(a) amendments to the public school finance formula;

(b) appropriations for the succeeding fiscal year to the public school fund for inclusion in the executive budget document; and

(c) appropriations for the succeeding fiscal year for pupil transportation and instructional materials.
N.M. Stat. § 18-2-11 — NM Code / Chapter 18 / Article 2 / Section 18-2-11
§ 18-2-11. Grade I certificate
Status: in_force

A. A grade I librarian's certificate shall be issued to an applicant without examination when:

(1) the applicant meets the minimum educational requirements established by the rules and regulations of the state librarian, which shall require completion of a minimum number of years of undergraduate work plus a minimum number of semester hours of library science courses in an institution accredited by its state department of education or a regional accrediting agency; and

(2) the applicant demonstrates ability to perform the duties of a grade I librarian ably and efficiently.

B. A grade I librarian's certificate shall be issued by examination to an applicant who lacks the minimum educational requirements for a grade I certificate, and who:

(1) demonstrates ability to perform the duties of a grade I librarian ably and efficiently; and

(2) successfully passes the examination given by the state librarian for a grade I certificate.
N.M. Stat. § 5-10-14 — NM Code / Chapter 5 / Article 10 / Section 5-10-14
§ 5-10-14. Local Economic Development Act fund
Status: in_force

A. The “Local Economic Development Act fund” is created in the state treasury. Income from the fund shall be credited to the fund. Money in the fund shall not revert or be transferred to any other fund at the end of a fiscal year. The department shall administer the fund, and money in the fund is appropriated to the department to pay the cost of administering the fund and for economic development projects pursuant to the Local Economic Development Act. Money in the fund shall be expended on warrants of the department of finance and administration pursuant to vouchers signed by the secretary of economic development.

B. The following may be used to provide public support for certain economic development projects of qualifying entities pursuant to Section 2 of this 2021 act and shall be separately accounted for in the fund:

(1) fifty percent of the tax revenue attributable to the state gross receipts tax and the state compensating tax, as determined pursuant to Subsection A of Section 2 of this 2021 act, and distributed pursuant to Subsection A of Section 5 of this 2021 act; and

(2) that portion of the tax revenue attributable to the local option gross receipts tax and county compensating tax imposed by a county and local option gross receipts tax and municipal compensating tax imposed by a municipality dedicated pursuant to Subsection B of Section 2 of this 2021 act and distributed pursuant to Subsection B of Section 5 of this 2021 act.
N.M. Stat. § 9-26-4 — NM Code / Chapter 9 / Article 26 / Section 9-26-4
§ 9-26-4. Workforce solutions department created
Status: in_force

The “workforce solutions department” is created in the executive branch pursuant to the Executive Reorganization Act. The department is a cabinet department that includes:

A. the office of the secretary;

B. the administrative services division;

C. the business services division;

D. the labor relations division;

E. the workforce technology division; and

F. the workforce transition services division.
N.M. Stat. § 22-14-23 — NM_STATUTES Code / Chapter 22 / Article 14 / Section 22-14-23
§ 22-14-23. Application of funds
Status: in_force

All money received by the commission for the blind or any duly established agency or branch thereof from the sale of products manufactured by clients of the commission for the blind to the state, any subdivision thereof or any other purchaser shall be placed in a special fund, which shall be used only for ordinary and necessary business expenses and to purchase raw materials, supplies and capital improvements for the manufacturing of products and to pay such compensation to the clients manufacturing the products as may be determined to be reasonable by the commission for the blind.
N.M. Stat. § 19-12-4 — NM_STATUTES Code / Chapter 19 / Article 12 / Section 19-12-4
§ 19-12-4. Architect, employment by commissioner; contract for construction of building; notice of letting; rejection of bids; performance bond
Status: in_force

The commissioner is empowered to employ an architect after competition among three or more architects of the state, on the basis of the best design submitted, and to contract for the construction of a building with the lowest and best bidder among three or more bidders, after notice in two consecutive issues of any Santa Fe or Albuquerque, New Mexico, newspaper not less than twenty days before the day of letting. The commissioner may either let the work in one entire contract or to different contractors, as the commissioner may deem advisable. The commissioner may reject any or all bids and call for new bids. The commissioner may require a performance bond with surety in an amount he deems necessary from bidders.
N.M. Stat. § 30-37-4 — NM Code / Chapter 30 / Article 37 / Section 30-37-4
§ 30-37-4. Notice; prosecution
Status: in_force

A. No prosecution based under this act shall be commenced unless the district attorney of the county in which the offense occurs shall have previously determined that the matter or performance is harmful to minors and the defendant shall have received actual or constructive notice of such determination. Persons shall be presumed to have constructive notice of such determination on the fifth business day following publication of a notice of such determination in a newspaper of general circulation in the county in which the prosecution takes place.

B. Any person adversely affected by such determination may, at any time within thirty days after such notice is given, seek a judicial determination of its correctness. The court shall, unless otherwise agreed by the parties, render judgment not later than two court days following trial. Filing of an action under this section shall stay prosecution until a judicial determination is rendered, but no appeal shall have such effect unless so ordered by the trial court.

C. No criminal action shall be commenced in any other judicial district within this state during the pendency of the civil action authorized by Subsection B of this section regarding the same matter, exhibition or performance.
N.M. Stat. § 33-2-26 — NM_STATUTES Code / Chapter 33 / Article 2 / Section 33-2-26
§ 33-2-26. Payment of prisoners for services
Status: in_force

The corrections and criminal rehabilitation department [corrections department] may, by appropriate rules and regulations, establish and administer a plan for the payment of prisoners who perform useful services as prison labor. The payment shall be at a rate depending on the skill and efficiency of the prisoner.
N.M. Stat. § 74-10-30 — NM Code / Chapter 74 / Article 10 / Section 74-10-30
§ 74-10-30. Elections for imposition of ad valorem taxes
Status: in_force

Whenever the board shall determine by resolution that the interest of the authority and the public interest or necessity demand the imposition of a general ad valorem tax, the board shall certify the rate of ad valorem tax needed and shall order the submission of the proposition of imposing the ad valorem tax to the qualified electors residing within the authority. Any such election may be held separate or may be consolidated or held concurrent with any other election authorized by the Solid Waste Authority Act. Such resolution shall also fix the date upon which the election shall be held, the manner of holding the same, the method of voting for or against the imposition of the proposed ad valorem tax, shall designate the polling place or places and shall appoint for each polling place from the qualified electors of the district the officers of such election consisting of three judges, one of whom shall act as clerk.
N.M. Stat. § 7-9-12 — NM Code / Chapter 7 / Article 9 / Section 7-9-12
§ 7-9-12. Exemptions
Status: in_force

Exemptions from either the gross receipts tax or the compensating tax are not exemptions from both taxes unless explicitly stated otherwise by law.
N.M. Stat. § 59A-23H-2 — NM Code / Chapter 59A / Article 23H / Section 59A-23H-2
§ 59A-23H-2. Definitions
Status: in_force

As used in the Easy Enrollment Act:

A. “ department ” means the human services department;

B. “ exchange ” means the New Mexico health insurance exchange;

C. “ health coverage program ” means medicaid, health care coverage available through the federal children's health insurance program, a qualified health plan available through the exchange pursuant to the New Mexico Health Insurance Exchange Act or a health plan available through the New Mexico medical insurance pool pursuant to the Medical Insurance Pool Act;

D. “ insurance-relevant information ” means information pertaining to the insurance enrollment status of a taxpayer or members of a taxpayer's household and that is derived or obtained from the taxpayer's state income tax return; provided that information is limited to that information necessary to assess the eligibility of the taxpayer or members of the taxpayer's household for health coverage programs and includes:

(1) adjusted gross income and other types of reported income used to assess eligibility for health coverage programs;

(2) household size;

(3) claimed dependents; and

(4) contact information and identifying information necessary to assess health coverage program eligibility and used to match against relevant third-party data sources;

E. “ medicaid ” means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act, as amended, and the rules promulgated pursuant to that act;

F. “ qualified health plan ” means a health plan that has in effect a certification from the superintendent of insurance that meets the standards set forth in applicable federal and state law and rules as well as any additional requirements established by the board of directors of the exchange pursuant to the New Mexico Health Insurance Exchange Act; and

G. “ taxpayer ” means an individual subject to the tax imposed pursuant to the Income Tax Act.
N.M. Stat. § 18-3-17 — NM Code / Chapter 18 / Article 3 / Section 18-3-17
§ 18-3-17. Archaeological services division created; board of regents
Status: in_force

A. The “archaeological services division” is created in the cultural affairs department. The division shall be operated as a division of the cultural affairs department under the imprimatur of the museum of New Mexico.

B. The museum of New Mexico board of regents shall exercise trusteeship over the archaeological services division.

C. The director of the division shall meet the following minimum qualifications:

(1) hold a bachelor's or higher degree in a discipline related to the function of the division; and

(2) have significant experience in the management and operation of an organization similar to the division.

D. The director shall be appointed by the secretary of cultural affairs from a list of no less than three names provided by the museum of New Mexico board of regents.
N.M. Stat. § 76-10-16 — NM Code / Chapter 76 / Article 10 / Section 76-10-16
§ 76-10-16. Exemptions
Status: in_force

A. The provisions of Sections 3 and 4 do not apply:

(1) to seed or grain not intended for sowing purposes;

(2) to seed in storage in, or being transported or consigned to, a cleaning or processing establishment for cleaning or processing; provided, that the invoice or labeling accompanying any shipment of said seed bears the statement “seed for processing” and provided that any labeling or other representation which may be made with respect to the uncleaned or unprocessed seed shall be subject to this act; and

(3) to any carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, processing or marketing agricultural or vegetable seeds subject to the provisions of this act; and

(4) to seed or grain sold by the grower on his farm as uncleaned, untested and unprocessed.

B. No person shall be subject to the penalties of this act for having sold or offered or exposed for sale agricultural or vegetable seed, which were incorrectly labeled or represented as to kind, variety, type or origin which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice, genuine grower's declaration or other labeling information and to take such other precautions as may be reasonable to insure the identity to be that stated.
N.M. Stat. § 50-14A-2 — NM Code / Chapter 50 / Article 14A / Section 50-14A-2
§ 50-14A-2. Purpose
Status: in_force

The purpose of the Rapid Workforce Development Act is to provide resources to quickly establish or expand programs in the state's institutions of higher education to train and educate New Mexico's workers for employment with:

A. existing New Mexico employers that expand their workforce; and

B. employers that establish operation in New Mexico and create new jobs for New Mexicans.
N.M. Stat. § 1-26-6 — NM Code / Chapter 1 / Article 26 / Section 1-26-6
§ 1-26-6. Judicial retention; metropolitan court judges
Status: in_force

A. Each eligible metropolitan court judge shall be subject to retention or rejection at the general election in the last year of the four-year term of office for the position in which the judge is serving.

B. Terms of office for positions on each metropolitan court shall be staggered, as follows:

(1) the term of office for division 1 and for every second division number thereafter shall expire in 2024 and every four years thereafter; and

(2) the term of office for division 2 and for every second division number thereafter shall expire in 2022 and every four years thereafter.

C. The administrative office of the courts shall maintain current on its website a list of the names of the currently serving judges of the metropolitan court and the year in which the term of office for each position expires.

D. The initial term of office for a newly created metropolitan court judgeship shall be staggered in accordance with the provisions of Subsection B of this section, even if the result is a shortened first term for the office.

E. As used in this section, “ division ” means the divisions established pursuant to Subsection B of Section 34-8A-4 NMSA 1978 .
N.M. Stat. § 44-1-14 — NM Code / Chapter 44 / Article 1 / Section 44-1-14
§ 44-1-14. Hearing
Status: in_force

The officer before whom such party is brought on such writ shall immediately after the return thereof, proceed to examine into the facts contained in such return, and into the cause of the confinement or restraint of such party, whether the same was before commitment for any criminal charge or not.
N.M. Stat. § 30-6A-2 — NM Code / Chapter 30 / Article 6A / Section 30-6A-2
§ 30-6A-2. Definitions
Status: in_force

As used in the Sexual Exploitation of Children Act:

A. “ prohibited sexual act ” means:

(1) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex;

(2) bestiality;

(3) masturbation;

(4) sadomasochistic abuse for the purpose of sexual stimulation; or

(5) lewd and sexually explicit exhibition with a focus on the genitals or pubic area of any person for the purpose of sexual stimulation;

B. “ visual or print medium ” means:

(1) any film, photograph, negative, slide, computer diskette, videotape, videodisc or any computer or electronically generated imagery; or

(2) any book, magazine or other form of publication or photographic reproduction containing or incorporating any film, photograph, negative, slide, computer diskette, videotape, videodisc or any computer generated or electronically generated imagery;

C. “ performed publicly ” means performed in a place that is open to or used by the public;

D. “ manufacture ” means the production, processing, copying by any means, printing, packaging or repackaging of any visual or print medium depicting any prohibited sexual act or simulation of such an act if one or more of the participants in that act is a child under eighteen years of age; and

E. “ obscene ” means any material, when the content if taken as a whole:

(1) appeals to a prurient interest in sex, as determined by the average person applying contemporary community standards;

(2) portrays a prohibited sexual act in a patently offensive way; and

(3) lacks serious literary, artistic, political or scientific value.
N.M. Stat. § 56-6-4 — NM Code / Chapter 56 / Article 6 / Section 56-6-4
§ 56-6-4. Numbering of licenses; display
Status: in_force

The county clerk shall number the licenses, issued under this act, with consecutive numbers following the name of his county, as follows: “․․․․․․․․․․ County, Number ․․․․․․․․․․” Each warehouseman shall display the number of his license on his warehouse, together with the words “New Mexico Bonded Warehouse, License No. ․․․․․․․․․․, ․․․․․․․․․․ County.”