FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 73-2-56 — NM Code / Chapter 73 / Article 2 / Section 73-2-56
§ 73-2-56. Change in location, extension or reconstruction of ditch; consent of water users; expense
Status: in_force

The commissioners of any community ditch may alter, change the location of, enlarge, extend, or reconstruct such ditch for the purpose of providing greater efficiency in irrigation to the water users of said ditch, or when any part thereof shall have been destroyed by rain or in any other manner or for the purpose of increasing the cultivable [cultivatable] area, provided that such alteration, change of location, enlargement, extension or reconstruction shall be affected [effected] only upon the consent in writing of a majority of the water users of said community ditch, filed with such commissioners, such majority to be determined by the same rule as applies to the election of commissioners of the acequia, and provided that such alteration, change of location, enlargement or extension shall in no wise impair the rights of prior water users from said community ditch, and provided further that the expense incurred in any such alteration, change of location, enlargement or extension shall be borne pro rata by those beneficially interested in same.
N.M. Stat. § 7-2F-3 — NM Code / Chapter 7 / Article 2F / Section 7-2F-3
§ 7-2F-3. Purposes; goals
Status: in_force

The purposes and goals of the Film Production Tax Credit Act are to:

A. establish the film industry as a permanent component of the economic base of New Mexico;

B. develop a pool of trained professionals and businesses in New Mexico to supply and support the film industry in the state;

C. increase employment of New Mexico residents;

D. improve the economic success of existing businesses in New Mexico; and

E. develop the infrastructure in the state necessary for a thriving film industry.
N.M. Stat. § 44-6-13 — NM Code / Chapter 44 / Article 6 / Section 44-6-13
§ 44-6-13. State or official may be sued; construction of constitution or statute
Status: in_force

For the purpose of the Declaratory Judgment Act, the state of New Mexico, or any official thereof, may be sued and declaratory judgment entered when the rights, status or other legal relations of the parties call for a construction of the constitution of the state of New Mexico, the constitution of the United States or any of the laws of the state of New Mexico or the United States, or any statute thereof.
N.M. Stat. § 59A-35-5 — NM Code / Chapter 59A / Article 35 / Section 59A-35-5
§ 59A-35-5. “Promoter” defined
Status: in_force

For the purposes of this article a “promoter” is any person who, acting alone or with others, initiates or participates in founding an insurer or organization to acquire financial interest in or to finance, manage or control an insurer, other than as policyholder.
N.M. Stat. § 22-8B-1 — NM_STATUTES Code / Chapter 22 / Article 8B / Section 22-8B-1
§ 22-8B-1. Short title
Status: in_force

Chapter 22, Article 8B NMSA 1978 may be cited as the “Charter Schools Act”.
N.M. Stat. § 7-17-11 — NM Code / Chapter 7 / Article 17 / Section 7-17-11
§ 7-17-11. Refund or credit of tax
Status: in_force

The department shall allow a claim for refund or credit as provided in Sections 7-1-26 and 7-1-29 NMSA 1978 for the tax imposed by Section 7-17-5 NMSA 1978 and paid on alcoholic beverages destroyed in shipment, spoiled or otherwise damaged as to be unfit for sale or consumption upon submission of proof satisfactory to the department of such destruction, spoilage or damage.
N.M. Stat. § 28-22-4 — NM Code / Chapter 28 / Article 22 / Section 28-22-4
§ 28-22-4. Private remedies
Status: in_force

A. A person whose free exercise of religion has been restricted by a violation of the New Mexico Religious Freedom Restoration Act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency, including:

(1) injunctive or declaratory relief against a government agency that violates or proposes to violate the provisions of the New Mexico Religious Freedom Restoration Act; and

(2) damages pursuant to the Tort Claims Act, 1 reasonable attorney fees and costs.

B. Immunity from liability of the government agency and its employees is waived for an action brought pursuant to this section.
N.M. Stat. § 47-12-6 — NM Code / Chapter 47 / Article 12 / Section 47-12-6
§ 47-12-6. Effect on enforceable interests
Status: in_force

A. Nothing in the Land Use Easement Act invalidates any interest, whether designated as a land use easement, covenant, equitable servitude, restriction or easement that is enforceable under the laws of this state.

B. No interest benefiting or encumbering real property cognizable under the statutes or common law in effect in this state prior to the enactment of the Land Use Easement Act, nor any application or permit for a change of a point of diversion place or purpose of use of a water right at any time shall be impaired, invalidated or in any way adversely affected by reason of any provision of that act.

C. Nothing in the Land Use Easement Act shall be construed to diminish or impair the rights of any person authorized by the laws of this state to acquire rights-of-way, easements or other property rights through the exercise of eminent domain. Nothing in that act shall be construed to authorize a governmental body or any charitable corporation or trust to acquire a conservation or preservation restriction through the exercise of eminent domain.

D. Nothing in the Land Use Easement Act shall be deemed to constitute a denial of surface owner consent for the surface mining of coal under the Surface Mining Act or the federal Surface Mining Control and Reclamation Act of 1977 1 or to restrict, condition or affect the alienability, commercial development or extraction of leasable or locatable minerals under federal laws.
N.M. Stat. § 58-9-8.1 — NM Code / Chapter 58 / Article 9 / Section 58-9-8.1
§ 58-9-8.1. Principal and branch offices
Status: in_force

A. A trust company may establish its principal office in any county.

B. A trust company actively engaged in trust business may establish one or more branch offices subject to the restrictions in Subsection D of this section and after obtaining the approval of the director as provided in Subsection C of this section.

C. A trust company seeking to establish a branch office shall submit an application, together with an investigation fee of two hundred dollars ($200), to the director. After considering the financial condition of the trust company, the adequacy of its capital structure, its future earnings and prospects, the general character of its management and any other matter he deems relevant, the director may approve the application if he finds:

(1) that the establishment of the branch will meet the needs and promote the convenience of the community to be served; and

(2) that the probable volume of business and reasonable public demand in the community are sufficient to assure and maintain the solvency of the branch and the trust company.

D. Except as provided in Subsection G of this section, branch offices shall be operated as branches of and under the name of the parent trust company and under the control and direction of the board of directors and executive officers of the parent trust company.

E. The provisions of this section shall not apply to branch offices in existence on the effective date of this section.

F. For the purposes of this section, “branch office” means an office, other than a principal office, used for the conduct of trust business and includes any additional house, office, agency or place of business which is open to the public for the conduct of such business and further includes any office connected to the principal office by subterranean or overhead passageways through which trust company personnel may pass.

G. The furnishing of trust services by a trust company affiliate of a bank holding company in the building in which any banking subsidiary of the bank holding company has its principal office or a manned branch office shall not constitute the operation of a branch office as prohibited by this section. As used in this subsection:

(1) “banking subsidiary” means a bank eighty percent or more of the voting shares of which are owned by the bank holding company; and

(2) “affiliate”, with respect to a bank holding company, means any company eighty percent or more of the voting shares of which are owned by the bank holding company.

H. Copies of all records of accounts may be maintained at the principal office of the trust company or may be maintained at a branch office of the trust company where the accounts are administered, if appropriate safety and security is provided.

I. Nonprofit corporations shall be exempt from the requirements of this section.
N.M. Stat. § 10-11-127 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-127
§ 10-11-127. Retirement reserve fund
Status: in_force

The retirement reserve fund is the fund from which shall be paid all pensions to retired members and survivor pension beneficiaries and all residual refunds to refund beneficiaries of retired members and survivor pension beneficiaries.
N.M. Stat. § 31-15-2.4 — NM Code / Chapter 31 / Article 15 / Section 31-15-2.4
§ 31-15-2.4. Public defender commission; powers and duties; restriction on individual member
Status: in_force

A. The commission shall exercise independent oversight of the department, set representation standards for the department and provide guidance and support to the chief in the administration of the department and the representation of indigent persons pursuant to the Public Defender Act.

B. The commission shall develop fair and consistent standards for the operation of the department and the provision of services pursuant to the Public Defender Act, including standards relating to:

(1) the minimum experience, training and qualifications for appointed, contract and staff attorneys in both adult and juvenile cases in coordination with the state personnel office;

(2) monitoring and evaluating appointed, contract and staff attorneys;

(3) ethically responsible caseload and workload levels and workload monitoring protocols for staff attorneys, contract attorneys and district defender offices;

(4) the competent and efficient representation of clients whose cases present conflicts of interest;

(5) qualifications and performance of appointed, contract and staff attorneys in capital cases at the trial, appellate and post-conviction levels; and

(6) personnel policies and procedures, including the development of public defender personnel rules, to establish an independent system of personnel administration for the department; provided that no employee of the department, except the chief, assistant chief public defenders, appellate defender and district public defenders, shall have fewer rights than under the Personnel Act 1 and under administrative rules applicable to state employees on the effective date of this 2014 act.

C. An individual member of the commission shall not interfere with the discretion, professional judgment or advocacy of a public defender, a public defender office, a public defender contractor or an assigned counsel in the representation of a public defender client.
N.M. Stat. § 31-4-6 — NM_STATUTES Code / Chapter 31 / Article 4 / Section 31-4-6
§ 31-4-6. Extradition of persons not present in demanding state at time of commission of crime
Status: in_force

The governor of this state:

A. may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in Section 31-4-3 NMSA 1978 with committing an act in this state, or in a third state, intentionally resulting in a crime in the state whose executive authority is making the demand. The provisions of the Uniform Criminal Extradition Act not otherwise inconsistent shall apply to such cases, even though the accused was not in that state at the time of the commission of the crime and has not fled therefrom; and

B. shall not arrest or deliver a person if the charge is based on engaging in a protected health care activity, pursuant to the provisions of the Reproductive and Gender-Affirming Health Care Protection Act, including a charge based on vicarious, joint or several liability or conspiracy, unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense and that thereafter, the accused fled from the demanding state.
N.M. Stat. § 63-9A-8.3 — NM Code / Chapter 63 / Article 9A / Section 63-9A-8.3
§ 63-9A-8.3. Telephone service; seriously ill individuals
Status: in_force

Basic local exchange telephone service shall not be discontinued to any residence where a seriously or chronically ill person is residing if the person responsible for the telephone service charges does not have the financial resources to pay the charges and if a licensed physician, physician assistant, osteopathic physician, osteopathic physician's assistant or certified nurse practitioner certifies that discontinuance of service might endanger that person's health or life and the certificate is delivered to a manager or officer of the provider of the local exchange service at least two days prior to the due date of a billing for telephone service. The commission shall provide by rule the procedure necessary to carry out this section.
N.M. Stat. § 74-10-6 — NM Code / Chapter 74 / Article 10 / Section 74-10-6
§ 74-10-6. Oaths and bonds of board members
Status: in_force

Whenever a board has been appointed or elected, as hereinafter provided, the members of the board shall qualify by filing with the clerk of the court their oaths of office and corporate surety bonds at the expense of the authority in an amount not to exceed one thousand dollars ($1,000) each, the form thereof to be fixed and approved by the board, conditioned for the faithful performance of their duties as directors. The interim board as appointed pursuant to Section 5 of the Solid Waste Authority Act shall serve until an election is held as provided hereinafter.
N.M. Stat. § 7-16A-5.1 — NM_STATUTES Code / Chapter 7 / Article 16A / Section 7-16A-5.1
§ 7-16A-5.1. Manifest or bill of lading required when transporting special fuels
Status: in_force

Every person transporting special fuels from a refinery or other facility at which special fuel is produced, refined, manufactured, blended or compounded or from a pipeline terminal in this state, importing special fuels into this state or exporting special fuels from this state, other than by pipeline or in the fuel supply tanks of motor vehicles, shall carry a manifest or bill of lading in form and content as prescribed by or acceptable to the department. The manifest or bill of lading shall be signed by the consignor and by every person accepting the special fuel or any part of it, with a notation as to the amount accepted. If a manifest or bill of lading is not required to be carried by the terms of this section, any person transporting special fuels without such a manifest or bill of lading shall, upon demand, furnish proof acceptable to the department that the special fuels so transported were legally acquired by a registered supplier who assumed liability for payment of the tax imposed by the Special Fuels Supplier Tax Act.
N.M. Stat. § 5-8-14 — NM_STATUTES Code / Chapter 5 / Article 8 / Section 5-8-14
§ 5-8-14. Requirement for governmental entities to pay fees
Status: in_force

Governmental entities shall pay all impact fees imposed under the Development Fees Act.
N.M. Stat. § 27-15-5 — NM Code / Chapter 27 / Article 15 / Section 27-15-5
§ 27-15-5. Quality improvement
Status: in_force

The department shall develop and implement a quality improvement system of performance indicators and outcome measures to evaluate the level and effectiveness of participation of individuals who are eligible for community-based services and to ensure that the services and support that an individual receives pursuant to the Money Follows the Person in New Mexico Act are adequate.
N.M. Stat. § 61-6A-10 — NM Code / Chapter 61 / Article 6A / Section 61-6A-10
§ 61-6A-10. Criminal Offender Employment Act
Status: in_force

The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by the Genetic Counseling Act.
N.M. Stat. § 10-11-23 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-23
§ 10-11-23. State general member coverage plan 2; amount of pension; form of payment A
Status: in_force

Under state general member coverage plan 2, the amount of pension under form of payment A is equal to two and one-half percent of final average salary multiplied by credited service. The amount shall not exceed seventy-five percent of the final average salary.
N.M. Stat. § 27-2-1 — NM_STATUTES Code / Chapter 27 / Article 2 / Section 27-2-1
§ 27-2-1. Short title
Status: in_force

Sections 27-2-1 through 27-2-34 NMSA 1978 may be cited as the “Public Assistance Act”.
N.M. Stat. § 12-10A-19 — NM_STATUTES Code / Chapter 12 / Article 10A / Section 12-10A-19
§ 12-10A-19. Enforcement; civil penalties
Status: in_force

A. The secretary of health, the secretary of public safety or the director may enforce the provisions of the Public Health Emergency Response Act by imposing a civil administrative penalty of up to five thousand dollars ($5,000) for each violation of that act. A civil administrative penalty may be imposed pursuant to a written order issued by the secretary of health, the secretary of public safety or the director after a hearing is held in accordance with the rules promulgated pursuant to the provisions of Section 12-10A-17 NMSA 1978 .

B. The provisions of the Public Health Emergency Response Act shall not be construed to limit specific enforcement powers enumerated in that act.

C. The enforcement authority provided pursuant to the provisions of the Public Health Emergency Response Act is in addition to other remedies available against the same conduct under the common law or other statutes of this state.
N.M. Stat. § 22-2B-2 — NM_STATUTES Code / Chapter 22 / Article 2B / Section 22-2B-2
§ 22-2B-2. Definitions
Status: in_force

As used in the Regional Cooperative Education Act:

A. “ council ” means a regional education coordinating council; and

B. “ cooperative ” means a regional education cooperative.
N.M. Stat. § 7-38-49 — NM Code / Chapter 7 / Article 38 / Section 7-38-49
§ 7-38-49. Unpaid property taxes; imposition of interest
Status: in_force

If property taxes are not paid for any reason within thirty days after the date they are due, interest on the unpaid taxes shall accrue from the thirtieth day after they are due until the date they are paid. Interest shall accrue at the rate of one percent a month or any fraction of a month. Interest shall accrue whether or not protests have been resolved. However, in the case of a timely protest, interest payable shall be computed on a principal amount equal to the unpaid taxes finally determined to be due upon resolution of the protest. Interest shall not be imposed on interest or on any penalty.
N.M. Stat. § 77-16-2 — NM Code / Chapter 77 / Article 16 / Section 77-16-2
§ 77-16-2. Definition
Status: in_force

As used in Article 16 of Chapter 77, “livestock” shall include domestic animals such as cattle, horses, sheep, hogs, goats and buffaloes.
N.M. Stat. § 7-38-89 — NM_STATUTES Code / Chapter 7 / Article 38 / Section 7-38-89
§ 7-38-89. Validity of certain regulations; judicial review
Status: in_force

A. Any person who is or may be adversely affected by the adoption, amendment or repeal of a regulation promulgated by an authorized governmental agency other than the department under Section 7-38-87 NMSA 1978 may appeal that action to the court of appeals. All appeals shall be on the record made at the hearing and must be perfected by filing a notice of appeal in the court of appeals within thirty days after the adoption, amendment or repeal of a regulation is filed pursuant to law.

B. The notice of appeal required to be filed under this section shall include a concise statement of the facts upon which jurisdiction is based, the grounds upon which relief is sought and the relief requested. The notice shall also include a statement that arrangements have been made with the governmental agency for preparation of the record to support his appeal to the court and to provide the governmental agency with a copy. Costs of appeal, including cost of the record, may be charged against the parties by order of the court of appeals in its discretion.

C. Copies of the notice of appeal shall be served upon the governmental agency and proof of service shall be filed with the court in the manner and within the time prescribed by the rules of appellate procedure.

D. The filing of a notice of appeal does not stay the effective date of the action appealed from, but the governmental agency may grant, or the court may order, a stay upon appropriate terms.

E. Within thirty days after the service of the notice of appeal or within such greater time as the court may allow, the governmental agency shall file in the court the original or a certified copy of the record of the proceedings appealed from. The record shall consist of:

(1) the entire proceedings;

(2) portions of the proceedings to which the governmental agency and the appellant stipulate; or

(3) a statement of the case agreed to by the governmental agency and the appellant.

F. If the record is to be of the entire proceedings or portions of the proceedings, it shall be a verbatim written transcript or, if permitted by the court of appeals, it may be an electronic recording. It shall also include copies of documentary evidence admitted at the hearing or during those portions of the hearing that are stipulated to as the record.

G. In any proceeding for judicial review of the adoption, amendment or repeal of a regulation, the court may set aside the action or remand the case to the governmental agency for further proceedings only if it determines that the action is:

(1) arbitrary, capricious or an abuse of discretion;

(2) not supported by substantial evidence in the record taken as a whole; or

(3) otherwise not in accordance with law.

H. If the court determines that the action appealed is free from the errors specified under Paragraphs (1) through (3) of Subsection G of this section, it shall affirm the action.