FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 5-17-9 — NM Code / Chapter 5 / Article 17 / Section 5-17-9
§ 5-17-9. Designation of approving authority
Status: in_force

A. The approving authority shall be:

(1) for an infrastructure development zone located entirely within one county and outside a municipality, the governing body of that county;

(2) for an infrastructure development zone located entirely within a municipality, the governing body of that municipality;

(3) except as provided in Subsection B of this section, for an infrastructure development zone that is not described in Paragraph (1) or (2) of this subsection and of which the majority of its acreage lies outside a municipality, the governing body of the county containing the most acreage outside of a municipality; or

(4) except as provided in Subsection B of this section, for an infrastructure development zone that is not described in Paragraph (1) or (2) of this subsection and of which the majority of its acreage lies within a municipality, the governing body of that municipality.

B. For an infrastructure development zone that is not described in Paragraph (1) or (2) of Subsection A of this section, in lieu of the approving authority designated pursuant to Paragraph (3) or (4) of that subsection, all of the governing bodies that approved the petition and service plan of the infrastructure development zone may jointly designate a governing body, in the zoning jurisdiction of which lies any portion of the infrastructure development zone, as the approving authority.
N.M. Stat. § 19-12-5 — NM_STATUTES Code / Chapter 19 / Article 12 / Section 19-12-5
§ 19-12-5. Commissioner's power to provide for construction and maintenance; disbursements
Status: in_force

The commissioner has authority to perform all acts incidental to acquisition of such lands and the construction, equipping and maintaining of the land office building. The secretary of finance and administration shall draw his warrant on the state treasurer for the payment of vouchers drawn by the commissioner of public lands and the state treasurer shall pay the warrant out of the fund specified in and provided for by the Land Office Building Act.
N.M. Stat. § 74-10-77 — NM Code / Chapter 74 / Article 10 / Section 74-10-77
§ 74-10-77. Interest after maturity
Status: in_force

No interest shall accrue on any security in the Solid Waste Authority Act authorized after it becomes due and payable; provided, funds for the payment of the principal of and the interest on the security and any prior redemption premium due are available to the paying agent for such payment without default.
N.M. Stat. § 60-2A-28 — NM Code / Chapter 60 / Article 2A / Section 60-2A-28
§ 60-2A-28. Civil penalty
Status: in_force

In the case of failure due to negligence or disregard of rules and regulations of the commission, but without intent to defraud, to pay when due any amount of regulatory fee or supervisory fee required to be paid pursuant to the Professional Athletic Competition Act, there shall be added to the amount two percent per month or a fraction of a month from the date the fee was due or from the date the report was required to be filed, not to exceed ten percent of the fee due.
N.M. Stat. § 73-7-19 — NM Code / Chapter 73 / Article 7 / Section 73-7-19
§ 73-7-19. Rights-of-way; eminent domain
Status: in_force

Where a drainage district has no sufficient outlet within its borders it is hereby provided that said district shall have the right to condemn right-of-way across the necessary lands to reach an outlet, the damages, if any, to the owners of lands through which the right-of-way is procured to be agreed upon by said owner and the commissioners of such district or if they cannot agree upon damages, the said drainage commissioners, shall proceed in the name of such drainage district to condemn such right-of-way which shall be so located so as to do the least damage to private or public property consistent with the proper use and economical construction of such outlet. Such land and right-of-way shall be acquired in the manner provided by law for the condemnation and taking of private property in New Mexico, for railroad, telegraph, telephone and other public uses and purposes.
N.M. Stat. § 27-2-12.5 — NM Code / Chapter 27 / Article 2 / Section 27-2-12.5
§ 27-2-12.5. Medicaid-certified nursing facilities; retroactive eligibility; refunds; penalty
Status: in_force

A. Medicaid payment for a medicaid-eligible patient shall be accepted by a medicaid-certified nursing facility from the first month of medicaid eligibility, regardless of whether the eligibility is retroactive. The nursing facility shall refund to the patient or responsible party all out-of-pocket money except for required medical-care credits paid to the nursing facility for that patient's care on and after the date of medicaid eligibility for services covered by the medicaid program. Within thirty days after notification by the human services [health care authority] department of the patient's medicaid eligibility, the nursing facility shall make any necessary refund to the patient or responsible party required under this section.

B. In any cause of action brought against a nursing facility because of its failure to make a refund to the patient or responsible party as required under Subsection A of this section, the patient or responsible party may be awarded triple the amount of the money not refunded or three hundred dollars ($300), whichever is greater, and reasonable attorneys' fees and court costs.
N.M. Stat. § 34-9-21 — NM Code / Chapter 34 / Article 9 / Section 34-9-21
§ 34-9-21. Criteria for distribution of grants
Status: in_force

The administrative office of the courts shall establish criteria for the distribution of grants supporting pretrial services statewide and develop a framework for the standardization of pretrial services and supervision, including performance measurement and reporting. The framework and criteria for grant distribution shall incorporate national best practices and modify them as needed and shall explore the use of electronic location monitoring or other modes of pretrial services to enhance the certainty and celerity of punishment of low-level offenses with minimal impact on correctional institutions.
N.M. Stat. § 76-6A-7 — NM Code / Chapter 76 / Article 6A / Section 76-6A-7
§ 76-6A-7. Petition filing fee
Status: in_force

The director shall prepare and deliver to the petitioners an original budget estimate of the cost of the proposed hearings and referendum. The petitioners, within thirty days after receipt of the cost estimate, shall remit to the director the amount of the cost estimate.
N.M. Stat. § 56-2-3 — NM Code / Chapter 56 / Article 2 / Section 56-2-3
§ 56-2-3. Injunction
Status: in_force

Courts of record shall have power, in an action brought in the name of the state by the attorney general, to enjoin any person from acting or offering to act as a debt adjuster; and, in such action, may appoint a receiver for the property and money employed in the transaction of business by such person as a debt adjuster, to insure, so far as may be possible, the return to debtors of so much of their money and property as has been received by the debt adjuster, and has not been paid to the creditors of the debtors.
N.M. Stat. § 22-10A-14 — NM Code / Chapter 22 / Article 10A / Section 22-10A-14
§ 22-10A-14. Certificates of waiver
Status: in_force

A. If a local superintendent or governing authority of a state agency certifies to the department that an emergency exists in the hiring of a qualified person, the department may issue a certificate of teaching waiver or assignment waiver.

B. The department may issue a certificate of teaching waiver to a person who holds a baccalaureate degree but does not meet other requirements for licensure as a level one teacher. Certificates of teaching waivers are one-year waivers and may be renewed only if the holder provides satisfactory evidence of continued progress toward a level one license.

C. At the request of a local superintendent, the department may issue a certificate of assignment waiver to a licensed teacher who is assigned to teach outside the teacher's teaching endorsement area. A certificate of assignment waiver may be renewed each school year if the teacher provides satisfactory evidence of continued progress toward meeting the requirements for endorsement.
N.M. Stat. § 10-17-10 — NM_STATUTES Code / Chapter 10 / Article 17 / Section 10-17-10
§ 10-17-10. Prosecution for shortage; proof required; judgment; execution
Status: in_force

Such prosecution shall be brought for the whole sum due and the interest accrued, and it shall be sufficient to prove the amount of the debt, and the fact that the securities were the securities of the said officer or individual prosecuted, and judgment shall be given against said officer or individual and their said securities for the sum so due and interest according to law, and execution shall thereupon be issued against all the parties so tried, in favor of the state.
N.M. Stat. § 9-11-13 — NM_STATUTES Code / Chapter 9 / Article 11 / Section 9-11-13
§ 9-11-13. Taxation and revenue department; additional duties
Status: in_force

The taxation and revenue department shall develop and implement a program to conduct audits and related investigations with respect to royalties paid for oil and gas and other minerals produced from federal lands within New Mexico. Pursuant to the Federal Oil and Gas Royalty Management Act of 1982, 1 the secretary of taxation and revenue shall petition the secretary of the United States department of the interior for a delegation of authority to conduct the audits and related investigations. After the delegation of authority is made, the secretary of taxation and revenue shall seek reimbursement from the United States department of the interior for all costs associated with any activities undertaken pursuant to the delegation.
N.M. Stat. § 4-48B-6 — NM Code / Chapter 4 / Article 48B / Section 4-48B-6
§ 4-48B-6. Election on bond question; petition; notice; limitation on holding; election without petition
Status: in_force

Whenever a petition signed by not fewer than two hundred qualified electors of any county in this state shall be presented to the county commissioners of the particular county asking that a vote be taken on the question or proposition of constructing, purchasing, renovating, remodeling, equipping or re-equipping a county hospital or a county-municipal hospital and acquiring the land necessary therefor, setting forth in general terms the object of the petition and the amount of bonds asked to be voted for, it shall be the duty of the county commissioners of that county to which the petition may be presented, within ten days after the presentation, to call an election to be held within sixty days thereafter in that county, and to give notice of such election by publication once a week for at least three consecutive weeks in any newspaper published or of general circulation in the county, which notices shall set forth the time and place of holding the election, the hospital proposed to be purchased, constructed, renovated, remodeled, equipped or re-equipped and the land necessary to be acquired, and which bonds are to be voted for. After the defeat of any proposition once voted for, a second special election upon any question or proposition under the provisions of the Hospital Funding Act shall not be held for a term of two years, unless a petition requesting another election, containing the names of qualified electors of the county equal to ten percent of the vote cast for governor in the last preceding election and otherwise conforming to the requirements of this section, shall be presented to the county commissioners; provided, however, that in no event shall more than two elections upon any proposition or question under the Hospital Funding Act be held in any two-year period. A bond election as provided in this section also may be called by the county commissioners without any petition, after the county commissioners have adopted a resolution calling for such an election, which resolution shall set forth the object of the election and the amount of bonds to be issued.
N.M. Stat. § 22-8F-4 — NM Code / Chapter 22 / Article 8F / Section 22-8F-4
§ 22-8F-4. Threshold for funding distribution; distribution of family income index funds; allocations to eligible public schools
Status: in_force

A. Except as provided in Subsection E of this section, each year, to determine the number of public schools that are eligible for family income index allocations through their respective school districts, the department shall:

(1) identify the school districts that have public schools within the fifty percent of public schools on the department's ranked list pursuant to Subsection E of Section 3 of the Family Income Index Act with the highest family income indices; and

(2) multiply the total number of public schools within each of the school districts that are identified in Paragraph (1) of this subsection by one-tenth, and if the product is:

(a) less than one, the product shall be rounded to one; and

(b) more than one, the product shall be rounded to the nearest whole number.

B. The number of eligible public schools within a school district identified in Paragraph (1) of Subsection A of this section for which funding may be allocated pursuant to this section is equal to the rounded product determined pursuant to Paragraph (2) of Subsection A of this section. Each year, the public schools that are eligible for an allocation are those public schools within each school district that have the highest family income indices.

C. An allocation for an eligible public school is limited to the greater of that public school's proportional share as determined pursuant to Subsection D of this section or twenty thousand dollars ($20,000).

D. To determine the proportional share of funding that the department distributes to a school district for each eligible public school, the number of eligible students in each eligible public school shall be divided by the total number of eligible students at all eligible public schools. Each eligible public school's proportional share shall be multiplied by the total amount appropriated for distribution pursuant to the Family Income Index Act.

E. The legislature may establish a different percentage of public schools to be considered pursuant to Paragraphs (1) and (2) of Subsection A of this section.

F. A family income index distribution to a school district for allocation to an eligible public school shall be used exclusively at that public school for the interventions specified in Section 5 of the Family Income Index Act.

G. For the purposes of this section, “ eligible students ” means students with household incomes in the extremely low income or very low income categories.
N.M. Stat. § 41-14-4 — NM Code / Chapter 41 / Article 14 / Section 41-14-4
§ 41-14-4. Warning and acknowledgment required
Status: in_force

A. A space flight entity providing space flight activities to a participant, whether the activities occur on or off the site of a facility capable of launching a suborbital flight, shall have each participant sign a warning statement. The warning statement shall contain, at a minimum, the following statement:

“WARNING AND ACKNOWLEDGMENT

I understand and acknowledge that under New Mexico law, there is no liability for injury to or death sustained by a participant in a space flight activity provided by a space flight entity if the injury or death results from the inherent risks of the space flight activity. Injuries caused by the inherent risks of space flight activities may include, among others, death, bodily injury, emotional injury or property damage. I assume all risk of participating in this space flight activity.”.

B. Failure to provide the warning statement requirements in this section to a participant shall prevent a space flight entity from invoking the immunity provided by this section with regard to that participant.
N.M. Stat. § 5-15-25.2 — NM Code / Chapter 5 / Article 15 / Section 5-15-25.2
§ 5-15-25.2. Base year revision; approval
Status: in_force

A. The state board of finance may approve the revision of the base year used to determine a district's gross receipts tax increment:

(1) once during the lifetime of the district;

(2) if the revised year is a calendar year that is completed;

(3) if no gross receipts tax increment bonds attributable to the district have been issued;

(4) if there is no unresolved objection to the revision by the developer or by a local government that has dedicated a tax increment to the district; and

(5) upon a finding that the revision is reasonable and in the best interest of the state.

B. If the state board of finance approves the revision of the base year used to determine a district's gross receipts tax increment, the state board of finance shall notify the district, the secretary of taxation and revenue, the developer and the local governments that have dedicated a tax increment to the district.

C. As used in this section, “ developer ” means the owner or developer who has entered into an agreement pursuant to Subsection A of Section 5-15-4 NMSA 1978 with the governing body that formed the district or the owner's or developer's successors or assigns.
N.M. Stat. § 1-4-24 — NM Code / Chapter 1 / Article 4 / Section 1-4-24
§ 1-4-24. Cancellation of registration; county clerk; grounds
Status: in_force

The county clerk shall cancel certificates of registration for the following reasons:

A. death of the voter;

B. at the request of the voter; or

C. at the direction of the board of registration.
N.M. Stat. § 42-8-8 — NM Code / Chapter 42 / Article 8 / Section 42-8-8
§ 42-8-8. Requiring additional security
Status: in_force

Any person plaintiff or defendant in any replevin suits pending in any court in this state, may at any time before judgment, after reasonable notice to the person by whom any bond has been given in any such suit, move the court for additional security on the part of any such principal in such bond, and if, on such motion, the court is satisfied that any surety on such bond has removed from the state or that for any other reason such bond is not sufficient security for the amount thereof, it may direct a new and sufficient bond to be given within a reasonable time, to be fixed by the court, and in default thereof may make such order disposing of the property, the possession of which is held by virtue of such bond, as the failure to give such additional security may require and such orders may be made in vacation as well as in term time.
N.M. Stat. § 7-2D-2 — NM_STATUTES Code / Chapter 7 / Article 2D / Section 7-2D-2
§ 7-2D-2. Definitions
Status: in_force

As used in the Venture Capital Investment Act:

A. “capital gain tax differential” equals either:

(1) an amount equal to fifty percent of the federal income tax paid by the taxpayer on qualified diversifying business net capital gains; or

(2) in the event that the taxpayer makes an election pursuant to Section 7-2D-13 NMSA 1978 , and the taxpayer has not previously paid federal income tax on the qualified diversifying business net capital gain that accrued prior to that election, then an amount equal to fifty percent of the federal income tax paid by the taxpayer on the gain on the sale of that qualified diversifying business stock times the percentage derived by dividing the gain on such stock accruing since the election by the total gain on the stock accruing since its original acquisition without regard to the election;

B. “department” means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;

C. “Internal Revenue Code” means the federal Internal Revenue Code of 1986, as amended or renumbered;

D. “manufacturing business” means the manufacture of, and the business activities related to the manufacture of, all nondurable and durable goods;

E. “New Mexico income tax” means the tax imposed pursuant to the Income Tax Act; 1

F. “qualified diversifying business net capital gain” means the net capital gain for the taxable year determined under the Internal Revenue Code by taking into account only gains or losses from sales or exchanges of qualified diversifying business stock with a holding period of more than five years at the time of the sale or exchange;

G. “secretary” means the secretary of taxation and revenue or the secretary's delegate;

H. “taxpayer” means any individual subject to the tax imposed pursuant to the Income Tax Act; and

I. “testing period” means the five-year period a stock is held by a taxpayer, beginning with the first day of the taxpayer's holding period for the stock.
N.M. Stat. § 72-20-69 — NM Code / Chapter 72 / Article 20 / Section 72-20-69
§ 72-20-69. Repurchase of securities
Status: in_force

The securities may be repurchased by the authority out of any funds available for such purpose from the project to which they pertain at a price of not more than the principal amount thereof and accrued interest, plus the amount of the premium, if any, that might, on the next redemption date of such securities, be paid to the holders thereof if such securities should be called for redemption on such date pursuant to their terms, and all securities so repurchased shall be canceled.
N.M. Stat. § 73-14-35 — NM Code / Chapter 73 / Article 14 / Section 73-14-35
§ 73-14-35. Employment of agents
Status: in_force

A. The secretary shall be the custodian of the records of the district and of its corporate seal, and shall assist the board on such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal, all certified copies of the official records and files that may be required of him by this act, or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity. The secretary shall serve also as treasurer of the district, unless a treasurer is otherwise provided for by the board.

B. The board may also employ a manager or chief engineer, who may be an individual, copartnership or corporation; an attorney, and such other engineers, attorneys and other agents and assistants as may be needful; and may provide for their compensation, which, with all other necessary expenditures, shall be taken as a part of the cost of the improvement. The employment of the secretary, treasurer, manager or chief engineer and attorney for the district shall be evidenced by agreements in writing, which, so far as possible, shall specify the amounts to be paid for their services.

C. The manager or chief engineer shall be superintendent of all the works and improvements, and shall make a full report to the board each year, or oftener, if required by the board, and may make such suggestions and recommendations to the board as he may deem proper.

D. The secretary and treasurer and such other agents or employees of the district as the court may direct, shall furnish corporate surety bonds, at the expense of the district, in amount and form fixed and approved by the court, conditioned upon the faithful performance of their respective duties.
N.M. Stat. § 1-9-7.2 — NM Code / Chapter 1 / Article 9 / Section 1-9-7.2
§ 1-9-7.2. Voting systems; testing of previously certified systems
Status: in_force

The secretary of state may voluntarily test and certify voting systems without an application by the manufacturer if the system has been previously certified by the United States election assistance commission. Tests and inspections conducted pursuant to this section shall follow the procedures in Section 1-9-14 NMSA 1978; provided, however, if the manufacturer has not applied for certification of that voting system, the manufacturer shall not be required to pay for the costs of testing and certification.