FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 35-8-4 — NM Code / Chapter 35 / Article 8 / Section 35-8-4
§ 35-8-4. Magistrate jury; trial
Status: in_force

Juries in the magistrate court shall hear the evidence in the action which shall be delivered in public in its presence. After hearing the evidence and being duly charged by the magistrate, the members of the jury shall be kept together until:

A. in civil actions, five members shall agree upon a verdict;

B. in criminal actions, the members unanimously agree upon a verdict; or

C. the members are discharged by the magistrate. The magistrate shall give judgment upon any verdict.
N.M. Stat. § 5-9-13 — NM Code / Chapter 5 / Article 9 / Section 5-9-13
§ 5-9-13. Tax increment method approval
Status: in_force

The tax increment method shall be used only upon prior approval by a majority of the units of government participating in property tax revenue derived from property within an enterprise zone project. The local government administering the enterprise zone shall request in writing such approval for a period of no more than five years for property included in the tax increment funding. The governing body of each other participating unit shall approve or disapprove by ordinance or resolution the use of the method for their respective units. All participating units shall notify the local government seeking approval within thirty days of receipt of the request. Upon approval by a majority of the participating units of the tax increment method of financing, it shall be deemed approved for the period requested.
N.M. Stat. § 24-2B-5 — NM Code / Chapter 24 / Article 2B / Section 24-2B-5
§ 24-2B-5. Informed consent not required
Status: in_force

Informed consent for testing is not required and the provisions of Section 24-2B-2 NMSA 1978 do not apply for:

A. a health care provider or health facility performing a test on the donor or recipient when the health care provider or health facility procures, processes, distributes or uses a human body part, including tissue and blood or blood products, donated for a purpose specified under the Uniform Anatomical Gift Act or for transplant recipients or semen provided for the purpose of artificial insemination and the test is necessary to ensure medical acceptability of a recipient or the gift or semen for the purposes intended;

B. the performance of a test in bona fide medical emergencies when the subject of the test is unable to grant or withhold consent and the test results are necessary for medical diagnostic purposes to provide appropriate emergency care or treatment, except that post-test counseling or referral for counseling shall nonetheless be required when the individual is able to receive that post-test counseling. Necessary treatment shall not be withheld pending test results;

C. the performance of a test for the purpose of research if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher; or

D. the performance of a test done in a setting where the identity of the test subject is not known, such as in public health testing programs and sexually transmitted disease clinics.
N.M. Stat. § 1-2-3.1 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-3.1
§ 1-2-3.1. Secretary of state; multipurpose registration form
Status: in_force

The secretary of state shall prescribe the form of a multipurpose certificate of registration, which shall be printed in English and Spanish. The certificate of registration form shall be clear and understandable to the average person and shall include brief but sufficient instructions to enable the qualified elector to complete the form. The certificate of registration form shall replace the affidavit of registration.
N.M. Stat. § 59A-22-40.1 — NM Code / Chapter 59A / Article 22 / Section 59A-22-40.1
§ 59A-22-40.1. Coverage for the human papillomavirus vaccine
Status: in_force

A. An individual or group health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in this state shall provide coverage for the human papillomavirus vaccine in accordance with the current standards of the federal centers for disease control and prevention.

B. Coverage for the human papillomavirus vaccine may be subject to deductibles and coinsurance consistent with those imposed on other benefits under the same policy, plan or certificate.

C. The provisions of this section shall not apply to short-term travel, accident-only or limited or specified disease policies.

D. For the purposes of this section, “ human papillomavirus vaccine ” means a vaccine approved by the federal food and drug administration used for the prevention of human papillomavirus infection and cervical precancers.
N.M. Stat. § 18-18-4 — NM_STATUTES Code / Chapter 18 / Article 18 / Section 18-18-4
§ 18-18-4. Definitions
Status: in_force

As used in Sections 18-18-1 through 18-18-4 NMSA 1978 , and to the extent allowed by law:

A. “ developing rural library ” means a rural library whose library staff, whether salaried or volunteer, is dedicated to delivering library services to the public for at least fifteen hours per week and on at least two days each week;

B. “ established rural library ” means a rural library:

(1) with permanent, salaried staff; and

(2) that offers library services to the public for at least twenty-five hours per week;

C. “ rural library ” means a library that is established:

(1) through an ordinance or legal resolution adopted by a political subdivision of the state and is located in:

(a) an unincorporated area of the state; or

(b) a municipality with a population on or after July 1, 2019 of three thousand or less;

(2) by a legal resolution of a tribal government in New Mexico with a tribal population on or after July 1, 2019 of three thousand or less; or

(3) as a corporation with tax-exempt status pursuant to Section 501(c)(3) of the United States Internal Revenue Code of 1986 and is located in:

(a) an unincorporated area of the state; or

(b) a municipality with a population on or after July 1, 2019 of three thousand or less; and

D. “ specialized services ” means professional development opportunities, program support, information technology support and other capacity-building services, as defined by the state librarian.
N.M. Stat. § 39-4D-5 — NM Code / Chapter 39 / Article 4D / Section 39-4D-5
§ 39-4D-5. Personal jurisdiction
Status: in_force

A. A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction if:

(1) the defendant was served with process personally in the foreign country;

(2) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;

(3) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;

(4) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in, or was organized under the laws of, the foreign country;

(5) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action arising out of business done by the defendant through that office in the foreign country; or

(6) the defendant operated a motor vehicle or airplane in the foreign country and the proceeding involved a cause of action arising out of that operation.

B. The list of bases for personal jurisdiction in Subsection A of this section is not exclusive, and the courts of this state may recognize bases of personal jurisdiction other than those listed in Subsection A of this section as sufficient to support a foreign-country judgment.
N.M. Stat. § 36-2-28.2 — NM Code / Chapter 36 / Article 2 / Section 36-2-28.2
§ 36-2-28.2. Unauthorized practice of law; action by attorney general or bar association
Status: in_force

A. Whenever the attorney general, the state bar of New Mexico or a local bar association authorized by the state bar of New Mexico to prosecute actions related to the unauthorized practice of law has reason to believe that a person has engaged in the unauthorized practice of law in violation of Section 36-2-27 NMSA 1978 or has aided or abetted another person in the unauthorized practice of law and the initiation of legal proceedings would be in the public interest, the attorney general or bar association may bring an action in the name of the state against the alleged violator. The action may be brought in the district court for the county in which the alleged violator resides or has a principal place of business or in the district court for a county in which the alleged violation took place. In an action brought pursuant to this section, in addition to civil penalties, the attorney general or bar association may petition the court for a temporary or permanent injunction and restitution and, if seeking a temporary or permanent injunction, the attorney general or bar association shall not be required to post bond.

B. In lieu of filing or continuing an action pursuant to this section, the attorney general or bar association may accept a written assurance of discontinuance of the unauthorized practice of law from the alleged violator. The assurance may contain an agreement by the alleged violator that restitution of money or property received from them in any transaction related to the unauthorized practice will be made to all persons, provided that a person harmed by the unauthorized practice is not required to accept restitution. If the offer of restitution is accepted, the person accepting the restitution is barred from recovering damages from the alleged violator in an action based upon the same unauthorized practice.

C. In an action brought by the attorney general or bar association pursuant to this section, if the court finds the alleged violator engaged in the unauthorized practice of law, the court may impose a civil penalty not to exceed five thousand dollars ($5,000) per violation. In addition, if the court finds that a person has aided or abetted another to engage in the unauthorized practice of law, the court may impose a civil penalty not to exceed one thousand dollars ($1,000) for the first violation and a civil penalty not to exceed five thousand dollars ($5,000) for each subsequent violation.
N.M. Stat. § 59A-30A-5 — NM Code / Chapter 59A / Article 30A / Section 59A-30A-5
§ 59A-30A-5. Organization of association
Status: in_force

All member insurers shall remain members of the association as a condition of their authority to transact insurance in this state. The association may take the form of any appropriate legal entity under New Mexico law, including a corporation, partnership or unincorporated association, as approved by the superintendent. For purposes of administration and assessment, the association shall have two separate accounts:

A. the administrative account; and

B. the title guaranty account.
N.M. Stat. § 30-2-7 — NM Code / Chapter 30 / Article 2 / Section 30-2-7
§ 30-2-7. Justifiable homicide by citizen
Status: in_force

Homicide is justifiable when committed by any person in any of the following cases:

A. when committed in the necessary defense of his life, his family or his property, or in necessarily defending against any unlawful action directed against himself, his wife or family;

B. when committed in the lawful defense of himself or of another and when there is a reasonable ground to believe a design exists to commit a felony or to do some great personal injury against such person or another, and there is imminent danger that the design will be accomplished; or

C. when necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed in his presence, or in lawfully suppressing any riot, or in necessarily and lawfully keeping and preserving the peace.
N.M. Stat. § 24-1E-3 — NM_STATUTES Code / Chapter 24 / Article 1E / Section 24-1E-3
§ 24-1E-3. Health facility receiverships authorized; venue
Status: in_force

A. The secretary may file a verified petition in the district court seeking appointment as receiver of a health facility if the facility:

(1) is being operated without a valid license from the division;

(2) will be closed within sixty days and adequate arrangements to relocate its residents have not been submitted to and approved by the secretary;

(3) has been abandoned, its residents have been abandoned or such abandonment is imminent; or

(4) presents a situation, physical condition, practice or method of operation that the secretary finds presents an imminent danger of death or significant mental or physical harm to its residents or other persons.

B. The proceedings shall be governed by, and the receiver's powers and duties shall be as specified in, the Receivership Act, supplemented as provided in the Health Facility Receivership Act.

C. Venue shall be laid in the district court for Santa Fe county or any other county in which the health facility or any of its satellite facilities is located.

D. Service of process shall be made in any manner provided by the Rules of Civil Procedure for the District Courts. If personal service cannot practicably or promptly be made as so provided, service may be made by delivery of the summons with the petition attached to any person in charge of the health facility at the time service is made.

E. The health facility shall file a responsive pleading within ten days after the date service is made or within such time as directed by the district court.
N.M. Stat. § 21-21N-1 — NM_STATUTES Code / Chapter 21 / Article 21N / Section 21-21N-1
§ 21-21N-1. Short title
Status: in_force

Chapter 21, Article 21N NMSA 1978 may be cited as the “Legislative Lottery Tuition Scholarship Act”.
N.M. Stat. § 44-1-32 — NM Code / Chapter 44 / Article 1 / Section 44-1-32
§ 44-1-32. Who may serve writ; tender of fees; bond for costs and restoration of prisoner
Status: in_force

It can only be served by an elector of this state, and the service thereof shall not be deemed complete unless the party serving the same tenders to the person in whose custody the prisoner is, if such person is a sheriff, constable or marshal, the fees allowed by law for bringing up such prisoner. The officer granting the writ may, in his discretion, require a bond in a penalty not exceeding one thousand dollars [($1000)], with sufficient sureties, conditioned that the obligators will pay all costs and expenses of the proceeding, and the reasonable charges of restoring the prisoner to the person from whose custody he was taken, if he is remanded. Such bond shall run to the sheriff of the county and be filed in the office of the clerk of the court from which the writ issues.
N.M. Stat. § 5-8-43 — NM Code / Chapter 5 / Article 8 / Section 5-8-43
§ 5-8-43. Purpose; transfer of development rights
Status: in_force

A. The purpose of this section is to:

(1) clarify an application of existing authority;

(2) provide guidelines for counties and municipalities to regulate transfers of development rights consistent with comprehensive plans;

(3) encourage the conservation of ecological, agricultural and historical land; and

(4) require public notification of transfers of development rights.

B. A municipality or county may, by ordinance, provide for voluntary transfer of all or partial development rights from one parcel of land to another parcel of land.

C. The ordinance shall identify on a zoning map areas from which development rights may be transferred and areas to which development rights may be transferred.

D. The ordinance shall provide for:

(1) the voluntary transfer of a development right from one parcel of land to increase the intensity of development of another parcel of land;

(2) joint powers agreements, if applicable, for administration of transfers of development rights across jurisdictional boundaries;

(3) the method of transfer of development rights, including methods of determining the accounting for the rights transferred;

(4) the reasonable rules to effect and control transfers and ensure compliance with the provisions of the ordinance; and

(5) public notification to the areas to which development rights may be transferred.

E. Transference of a development right shall be in writing and executed by the owner of the parcel from which the development right is being transferred and acknowledged by the transferor. A development right shall not be subject to condemnation.

F. As used in this section, “ development right ” means the rights permitted to a lot, parcel or area of land under a zoning ordinance or local law respecting permissible use, area, density or height of improvements executed thereon, and development rights may be calculated and allocated in accordance with density or height limitations or any criteria that will effectively quantify a development right in a reasonable and uniform manner.

G. Nothing in this section shall be construed to authorize a municipality or a county to impair existing property rights.
N.M. Stat. § 19-7-8 — NM Code / Chapter 19 / Article 7 / Section 19-7-8
§ 19-7-8. Cancellation of lease or contract obtained by fraud or mistake; notice to show cause; appeal
Status: in_force

The commissioner shall have power to cancel any lease, contract or other instrument executed by him which shall have been obtained by fraud or executed through mistake or without authority of law. In such case he shall serve upon the party or parties in interest notice, as prescribed by Section 19-7-50 NMSA 1978 to show cause before him, upon a date to be fixed in such notice, why such instrument shall not be canceled in accordance with the rules and regulations of the state land office.

From the decision rendered by the commissioner upon such hearing an appeal shall lie as provided by this chapter in cases of contest.
N.M. Stat. § 10-11-25 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-25
§ 10-11-25. State general member coverage plan 2; member contribution rate
Status: in_force

A member under state general member coverage plan 2 shall contribute six and eighteen one-hundredths percent of salary starting with the first full pay period in the calendar month in which state general member coverage plan 2 becomes applicable to the member.
N.M. Stat. § 73-20-20 — NM Code / Chapter 73 / Article 20 / Section 73-20-20
§ 73-20-20. Expenditures
Status: in_force

Assessment funds collected shall be transferred to and held by the treasurer of the watershed district for the specific purpose for which they have been collected. All expenditures of such funds shall be made by the board of directors upon order of the board, approved by the board of supervisors of the soil and water conservation district or districts involved.
N.M. Stat. § 6-15A-9 — NM Code / Chapter 6 / Article 15A / Section 6-15A-9
§ 6-15A-9. Publication of notice; validation; limitation of action
Status: in_force

A. After adoption of a resolution approving a lease-purchase arrangement, the local school board shall publish notice of the adoption of the resolution once in a newspaper of general circulation in the school district.

B. After the passage of thirty days from the publication required by Subsection A of this section, any action attacking the validity of the proceedings taken by the local school board preliminary to and in the authorization of and entering into the lease-purchase arrangement described in the notice is perpetually barred.
N.M. Stat. § 7-27-12.1 — NM Code / Chapter 7 / Article 27 / Section 7-27-12.1
§ 7-27-12.1. Severance tax bonds; purpose for which issued; appropriation of proceeds
Status: in_force

The state board of finance may issue and sell severance tax bonds in fiscal years 2001 through 2010 in compliance with the Severance Tax Bonding Act in an amount not exceeding a total of twenty million dollars ($20,000,000) when the local government division of the department of finance and administration certifies the need for the issuance of the bonds; provided that no more than four million dollars ($4,000,000) may be issued in fiscal year 2001 and no more than two million dollars ($2,000,000) may be issued in any one fiscal year thereafter. The state board of finance shall schedule the issuance and sale of the bonds in the most expeditious and economical manner possible upon a finding by the board that the project has been developed sufficiently to justify the issuance and that the project can proceed to contract within a reasonable time. The state board of finance shall further take the appropriate steps necessary to comply with the Internal Revenue Code of 1986, as amended. The proceeds from the sale of the bonds are appropriated to the local government division of the department of finance and administration for the purpose of financing water and sewer distribution and collection systems in the developed and underserved areas of Bernalillo county, including areas in the city of Albuquerque. The certification and issuance of bonds for any fiscal year is contingent upon the secretary of finance and administration receiving certification from the governing body of the city of Albuquerque and the board of county commissioners of Bernalillo county that funding in an amount equal to one and one-half times the amount of bonds issued pursuant to this section, including the amount of bonds proposed to be issued for that fiscal year, has been secured from federal, city and county sources to construct the water and sewer distribution and collection systems. Any funding from federal, city and county sources in excess of the amount required for certification in any fiscal year may be carried forward and credited against the amount required in subsequent fiscal years. Any unexpended or unencumbered balance remaining at the end of fiscal year 2012 shall revert to the severance tax bonding fund. If the local government division of the department of finance and administration has not certified the need for the issuance of the bonds by the end of fiscal year 2010, the authorization provided in this section shall expire.
N.M. Stat. § 21-11-1 — NM_STATUTES Code / Chapter 21 / Article 11 / Section 21-11-1
§ 21-11-1. Object; curriculum
Status: in_force

The object of the New Mexico school of mines [New Mexico institute of mining and technology] is to furnish facilities for the education of such persons as may desire to receive instruction in chemistry, metallurgy, mineralogy, geology, mining, milling, engineering, mathematics, mechanics, drawing, the fundamental laws of the United States, and the rights and duties of citizenship, and such other courses of study, not including agriculture, as may be prescribed by the board of regents; further, to engage in research projects approved by the board of regents, and incidental to such research to negotiate and enter into research contracts with appropriate governmental agencies, private foundations, individuals or associations.
N.M. Stat. § 28-20-1 — NM Code / Chapter 28 / Article 20 / Section 28-20-1
§ 28-20-1. Right to breastfeed
Status: in_force

A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.
N.M. Stat. § 73-14-61 — NM Code / Chapter 73 / Article 14 / Section 73-14-61
§ 73-14-61. Notice of candidacy; signatures of electors
Status: in_force

Any qualified elector who desires to become a candidate for election as a director shall file with the proper filing officer in accordance with the provisions of the Local Election Act a written notice of candidacy, which shall state the candidate's name and residence within the conservancy district. If the candidate is a candidate at large, the candidate's notice of candidacy shall be signed by twenty qualified electors resident within the district. If the candidate is a candidate only from that portion of the district that lies within one county, the candidate's notice of candidacy shall be signed by ten qualified electors who reside within that particular portion of the district and county from which the candidate seeks to be elected.