FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 3-7-9 — NM_STATUTES Code / Chapter 3 / Article 7 / Section 3-7-9
§ 3-7-9. Annexation; arbitration; selection of seventh member; procedure; qualifications
Status: in_force

A. Within five days after the board of county commissioners has canvassed the results of the election required in Section 3-7-7 NMSA 1978 , the members of the board of arbitration shall meet and select a seventh or neutral member of the board of arbitration. He shall be a qualified elector of the county and the owner of real property in the county but shall reside outside the boundary of the municipality and the territory proposed to be annexed.

B. If within five days after the board of county commissioners has canvassed the results of the election required in Section 3-7-7 NMSA 1978 , the six members of the board of arbitration fail to select by a two-thirds vote the seventh or neutral member, the board of arbitration shall certify to the district court its failure to select the seventh member. Within ten days after the certification by the board of arbitration of its failure to select a seventh member, the district court in which the county lies shall appoint the seventh member who shall possess the qualifications required in this section.
N.M. Stat. § 1-6B-16 — NM Code / Chapter 1 / Article 6B / Section 1-6B-16
§ 1-6B-16. Uniformity of application and construction
Status: in_force

In applying and construing the Uniform Military and Overseas Voters Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
N.M. Stat. § 47-2-2 — NM Code / Chapter 47 / Article 2 / Section 47-2-2
§ 47-2-2. Definitions
Status: in_force

As used in the Real Estate Trust Act:

A. “real estate trust” means an unincorporated business trust organized and operated in conformity with the Real Estate Trust Act;

B. “declaration” means the written document establishing the real estate trust and all subsequent amendments to that document;

C. “trustees” means those natural persons designated as trustees in the declaration, and their successors in office;

D. “beneficial owners” means those persons who hold the beneficial interest in the real estate trust;

E. “real estate assets” means real property, real estate mortgages, real estate contracts, leasehold interests in real property and shares of beneficial interests in other real estate trusts, foreign or domestic, whether or not organized under the Real Estate Trust Act;

F. “real estate mortgages” includes all forms of liens on real property and all transfers of real property for security purposes, including deeds of trust;

G. “real estate contracts” means any contractual obligation for the sale and conveyance, or purchase and receipt of conveyance, of real property, subject to the terms and conditions of the contract; and

H. “trust estate” means the money, property and assets of a real estate trust.
N.M. Stat. § 59A-43-2 — NM Code / Chapter 59A / Article 43 / Section 59A-43-2
§ 59A-43-2. Purpose
Status: in_force

The purpose of this article is to provide a mechanism for payment of covered claims under certain insurance policies to avoid excessive delay in payment and financial loss to claimants or policyholders because of insolvency of an insurer, to assist in detection and prevention of insurer insolvencies and provide an association to assess the cost of such protection among insurers.
N.M. Stat. § 7-9-85 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-85
§ 7-9-85. Deduction; gross receipts tax; certain organization fundraisers
Status: in_force

Receipts from not more than two fundraising events annually conducted by an organization that is exempt from the federal income tax as an organization described in Section 501(c), other than an organization described in Section 501(c)(3), of the United States Internal Revenue Code of 1986 , as amended may be deducted from gross receipts.
N.M. Stat. § 30-15-3 — NM_STATUTES Code / Chapter 30 / Article 15 / Section 30-15-3
§ 30-15-3. Damaging insured property
Status: in_force

Damaging insured property consists of intentionally damaging property which is insured with intent to defraud the insurance company into paying himself or another for such damage.

Whoever commits damaging insured property is guilty of a fourth degree felony.
N.M. Stat. § 75-1-2 — NM Code / Chapter 75 / Article 1 / Section 75-1-2
§ 75-1-2. Definitions
Status: in_force

As used in the Rural Infrastructure Act:

A. “ department ” means the department of environment;

B. “ fund ” means the rural infrastructure revolving loan fund;

C. “ local authority ” means a mutual domestic association or water and sanitation district that supplies water, wastewater or solid waste services to, or a municipality that has, a population of less than twenty thousand or a county with a population of less than two hundred thousand;

D. “ operate and maintain ” means all necessary activities, including replacement of equipment or appurtenances to assure the dependable and economical function of a facility in accordance with its intended purpose;

E. “ secretary ” means the secretary of environment;

F. “ solid waste facility ” includes transfer and convenience facilities, landfills or other equipment or systems used for the processing, transformation, recycling or disposal of solid waste;

G. “ wastewater facility ” includes collection lines, pumping equipment, treatment works and disposal piping or process units; and

H. “ water supply facility ” includes the source of supply of water, pumping equipment, storage facilities, transmission lines, treatment works and distribution systems.
N.M. Stat. § 72-19-101 — NM Code / Chapter 72 / Article 19 / Section 72-19-101
§ 72-19-101. Legal investments in securities
Status: in_force

It shall be legal for the state and any of its agencies, departments, instrumentalities, corporations or political subdivisions or any political or public corporation, any bank, trust company, banker, savings bank or institution, any building and loan association, savings and loan association, investment company and any other person carrying on a banking or investment business, any insurance company, insurance association or any other person carrying on an insurance business and any executor, administrator, curator, trustee or any other fiduciary to invest funds or money in their custody in any of the securities authorized to be issued pursuant to the provisions of the Southern Sandoval County Arroyo Flood Control Act. Such securities shall be authorized security for all public deposits. Nothing contained in this section with regard to legal investments shall be construed as relieving any public body or other person of any duty of exercising reasonable care in selecting securities.
N.M. Stat. § 53-8-6 — NM Code / Chapter 53 / Article 8 / Section 53-8-6
§ 53-8-6. Defense of ultra vires
Status: in_force

No act of a corporation and no conveyance or transfer of real or personal property to or by a corporation shall be invalid by reason of the fact that the corporation was without capacity or power to do the act or to make or receive the conveyance or transfer, but such lack of capacity or power may be asserted:

A. in a proceeding by a member or a director against the corporation to enjoin the doing or continuation of unauthorized acts, or the transfer of real or personal property by or to the corporation. If the unauthorized acts or transfer sought to be enjoined are being, or are to be, performed pursuant to any contract to which the corporation is a party, the court may, if all of the parties to the contract are parties to the proceeding and if it deems the same to be equitable, set aside and enjoin the performance of the contract, and in so doing may allow to the corporation or the other parties to the contract, as the case may be, compensation for the loss or damage sustained by either of them which may result from the action of the court in setting aside and enjoining the performance of the contract, but anticipated profits to be derived from the performance of the contract shall not be awarded by the court as a loss or damage sustained; or

B. in a proceeding by the corporation, whether acting directly or through a receiver, trustee or other legal representative, or through members in a representative suit, against the officers or directors of the corporation for exceeding their authority.
N.M. Stat. § 32A-4-11 — NM Code / Chapter 32A / Article 4 / Section 32A-4-11
§ 32A-4-11. Use immunity
Status: in_force

A. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for in-court testimony. The in-court testimony of an immunized respondent shall not be used against that respondent in a criminal prosecution; provided, however, that the respondent may be prosecuted for perjury that occurs during the respondent's testimony in children's court.

B. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for any records, documents or other physical objects produced by the immunized respondent in that children's court proceeding, production of which was compelled by a court order.

C. At any stage of a proceeding under the Abuse and Neglect Act, the children's court attorney may apply for use immunity for a respondent for any statement that a respondent makes in the course of a court-ordered psychological evaluation or treatment program to the professional designated by the department in furtherance of the court's order. Such immunity shall attach only to those statements made during the course of the actual evaluation or treatment and specifically does not attach to statements made to other department employees, agents or other representatives in the course of the investigation of alleged child abuse or neglect.

D. Any other information available to the professional designated by the department to perform the court-ordered evaluation or treatment shall not be the subject of any application or order for immunity.

E. All immunized statements referred to in Subsection C that are subsequently reduced to writing shall be deleted before any report is released to law enforcement officers or district attorneys.

F. Use immunity orders shall not be entered nunc pro tunc.

G. The children's court attorney shall request a hearing on any application for immunity and shall give at least forty-eight hours notice to all parties and to the district attorney for the county in which the alleged abuse or neglect occurred. The district attorney shall have standing to object to the order for immunity.
N.M. Stat. § 6-24-5 — NM_STATUTES Code / Chapter 6 / Article 24 / Section 6-24-5
§ 6-24-5. New Mexico lottery authority created
Status: in_force

A. There is created a public body, politic and corporate, separate and apart from the state, constituting a governmental instrumentality to be known as the “New Mexico lottery authority”. The authority is created and organized for the purpose of establishing and conducting the New Mexico state lottery to provide revenues for the public purposes designated by the New Mexico Lottery Act.

B. The authority shall be governed by a board of directors composed of seven members who are residents of New Mexico appointed by the governor with the advice and consent of the senate. The members of the board of directors shall be prominent persons in their businesses or professions and shall be appointed so as to provide equitable geographical representation. No more than four members of the board shall be from any one political party. The governor shall consider appointing at least one member who has at least five years experience as a law enforcement officer, at least one member who is an attorney admitted to practice in New Mexico and at least one member who is a certified public accountant certified in New Mexico.

C. Board members shall be appointed for five-year terms. To provide for staggered terms, four of the initially appointed members shall be appointed for terms of five years and three members for terms of three years. Thereafter, all members shall be appointed for five-year terms. A vacancy shall be filled by appointment by the governor for the remainder of the unexpired term. A member shall serve until his replacement is confirmed by the senate. Board members shall be eligible for reappointment.

D. The board shall select one of its members as chairman annually. A chairman may be selected for successive years. Members of the board may be removed by the governor for malfeasance, misfeasance or willful neglect of duty after reasonable notice and a public hearing unless the notice and hearing are expressly waived in writing by the member.

E. The board shall hold regular meetings at the call of the chairman, but not less often than once each calendar quarter. A board meeting may also be called upon the request in writing of three or more board members. A majority of members then in office constitutes a quorum for the transaction of any business and for the exercise of any power or function of the authority.

F. Board members shall receive no compensation for their services but shall be paid expenses incurred in the conduct of authority business as allowed and approved by the authority in accordance with policies adopted by the board.

G. A board member shall be subject to a background check and investigation to determine his fitness for office. The results of that background check shall be made available to the governor and the senate.
N.M. Stat. § 31-20-13 — NM_STATUTES Code / Chapter 31 / Article 20 / Section 31-20-13
§ 31-20-13. Conditional discharge order; exception
Status: in_force

A. When a person who has not been previously convicted of a felony offense is found guilty of a crime for which a deferred or suspended sentence is authorized, the court may, without entering an adjudication of guilt, enter a conditional discharge order and place the person on probation on terms and conditions authorized by Sections 31-20-5 and 31-20-6 NMSA 1978 . A conditional discharge order may only be made available once with respect to any person.

B. If the person violates any of the conditions of probation, the court may enter an adjudication of guilt and proceed as otherwise provided by law.

C. The court shall not enter a conditional discharge order for a person found guilty of driving a motor vehicle while under the influence of intoxicating liquor or drugs, pursuant to the provisions of Section 66-8-102 NMSA 1978 .
N.M. Stat. § 7-2F-1.1 — NM Code / Chapter 7 / Article 2F / Section 7-2F-1.1
§ 7-2F-1.1. Short title
Status: in_force

Chapter 7, Article 2F NMSA 1978 may be cited as the “Film Production Tax Credit Act”.
N.M. Stat. § 57-3A-4 — NM Code / Chapter 57 / Article 3A / Section 57-3A-4
§ 57-3A-4. Damages
Status: in_force

A. Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret.

B. If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not to exceed twice any award made under Subsection A of this section.
N.M. Stat. § 72-6-5 — NM Code / Chapter 72 / Article 6 / Section 72-6-5
§ 72-6-5. Approval
Status: in_force

A. The state engineer shall approve the application if the applicant has reasonably shown that his proposed use and location of use is a beneficial use and:

(1) will not impair any existing right to a greater degree than such right is, or would be, impaired by the continued use and location of use by the owner; and

(2) will not be contrary to the conservation of water within the state or detrimental to the public welfare of the state.

B. In the case of annual allotments of project water leased to a special water users' association from an irrigation district organized pursuant to Chapter 73, Article 10 NMSA 1978 , if the state engineer determines that the proposed changes in place and purpose of use and point of diversion comply with the rules established pursuant to Subsection G of Section 73-10-48 NMSA 1978 , the board of directors of the irrigation district may approve the application in accordance with the provisions of Section 73-10-48 NMSA 1978 .
N.M. Stat. § 7-5A-4 — NM Code / Chapter 7 / Article 5A / Section 7-5A-4
§ 7-5A-4. Authority to enter agreement
Status: in_force

A. The secretary of taxation and revenue may enter into the agreement with one or more member states to simplify and modernize sales tax and use tax administration and to reduce the burden of tax compliance for sellers.

B. The secretary of taxation and revenue is authorized to:

(1) act jointly with member states to establish standards for a certified automated system and establish performance standards for multistate sellers pursuant to the agreement;

(2) take actions reasonably required to implement the provisions of the Streamlined Sales and Use Tax Administration Act; and

(3) adopt rules with member states pursuant to the agreement.

C. The secretary of taxation and revenue or the secretary's designee is authorized to represent this state before member states.
N.M. Stat. § 33-2-40 — NM Code / Chapter 33 / Article 2 / Section 33-2-40
§ 33-2-40. Fines and costs; service for
Status: in_force

All convicts sentenced to the penitentiary of New Mexico who have a fine or costs or both attached to the sentence shall not be required to serve more than fifteen days for the fine or costs.
N.M. Stat. § 6-26-5 — NM_STATUTES Code / Chapter 6 / Article 26 / Section 6-26-5
§ 6-26-5. Authority; rules
Status: in_force

The authority, in conjunction with the department, shall adopt rules to administer and implement the provisions of the Behavioral Health Capital Funding Act, including provisions:

A. establishing procedures and forms for applying for loans;

B. specifying the documentation required to be provided by the applicant to justify the need for the project;

C. specifying the documentation required to be provided by the applicant to demonstrate that the applicant is an eligible entity;

D. establishing procedures for review, evaluation and approval of loans, including the programmatic, organizational and financial information necessary to review, evaluate and approve an application;

E. for evaluating the ability and competence of an applicant to provide efficiently and adequately for the completion of a proposed project;

F. for the approval of loan applications, including provisions that accord priority attention to areas with the greatest need for behavioral health services;

G. that ensure fair geographic distribution of loans;

H. establishing requirements for repayment of loans, including payment schedules, interest rates, loan terms and other requirements;

I. for ensuring the authority's interest in any project by the filing of a lien equal to the total of the authority's financial participation in the project; and

J. for such other requirements deemed necessary by the department and the authority to ensure that the state receives the behavioral health services for which the legislature appropriates money and that the investment in a project is protected.
N.M. Stat. § 7-8A-13 — NM_STATUTES Code / Chapter 7 / Article 8A / Section 7-8A-13
§ 7-8A-13. Deposit of funds
Status: in_force

A. Except as otherwise provided by this section, the administrator shall promptly deposit in the tax administration suspense fund for distribution pursuant to the provisions of the Tax Administration Act all money received under the Uniform Unclaimed Property Act (1995), including the proceeds from the sale of abandoned property under Section 7-8A-12 NMSA 1978 . The administrator shall retain in the unclaimed property fund at least one hundred thousand dollars ($100,000) for the purposes of the Uniform Unclaimed Property Act (1995), from which the administrator shall pay claims duly allowed. The administrator shall record the name and last known address of each person appearing from the holders' reports to be entitled to the property and the name and last known address of each insured person or annuitant and beneficiary and with respect to each policy or annuity listed in the report of an insurance company, its number, the name of the company and the amount due.

B. Before making a deposit to the tax administration suspense fund, the administrator may deduct:

(1) expenses of sale of abandoned property;

(2) costs of mailing and publication in connection with abandoned property;

(3) reasonable service charges; and

(4) expenses incurred in examining records of holders of property and in collecting the property from those holders.
N.M. Stat. § 23-5-1 — NM Code / Chapter 23 / Article 5 / Section 23-5-1
§ 23-5-1. Object
Status: in_force

The object of the New Mexico behavioral health institute at Las Vegas is the observation, diagnosis, treatment, care and maintenance of the mentally ill.
N.M. Stat. § 65-1-9 — NM Code / Chapter 65 / Article 1 / Section 65-1-9
§ 65-1-9. Department to enforce laws
Status: in_force

The department shall enforce and collect all excise taxes, license fees and other fees and charges of every nature and perform all inspections and collect all information considered necessary to enforce the laws of all departments, commissions and other agencies of state government, in addition to those specifically assigned to the department, whenever the department is so requested and agrees and the agreement is in writing containing all reasonable detail concerning the responsibilities of the parties to the agreement. The department shall also assist, as far as practicable and in accordance with a proper written agreement, in the enforcement of statutory, administrative and judicial provisions of the federal Motor Carrier Act. 1
N.M. Stat. § 16-6-3 — NM_STATUTES Code / Chapter 16 / Article 6 / Section 16-6-3
§ 16-6-3. Disqualification of commissioners; organization of commission; secretary and treasurer
Status: in_force

A. If any state fair commissioner changes his residence to any place outside the state, such change of residence shall operate ipso facto to vacate the office he holds.

B. The secretary and treasurer shall qualify by furnishing the commission with a good and sufficient bond pursuant to the Surety Bond Act, conditioned for the faithful performance of his duties as secretary and treasurer and that he will faithfully account for and pay over to the person entitled thereto all money that comes into his hands as such officer. The secretary and treasurer shall hold office for a period of one year and until his successor is elected and qualified.
N.M. Stat. § 65-3-9 — NM Code / Chapter 65 / Article 3 / Section 65-3-9
§ 65-3-9. Commercial motor vehicles; equipment; regulations
Status: in_force

The director shall adopt regulations not inconsistent with or more stringent than applicable federal safety standards concerning the following parts and accessories necessary for the safe operation of a commercial motor carrier:

A. lighting devices, reflectors and electrical equipment;

B. brake systems and performance;

C. glazing and window obstructions;

D. fuel systems;

E. coupling devices and towing methods;

F. tires and wheels;

G. heaters;

H. exhaust systems;

I. frames and body components;

J. suspension systems;

K. steering systems;

L. cargo securement;

M. emergency safety equipment; and

N. any other miscellaneous parts and accessories he deems necessary.
N.M. Stat. § 60-6E-1 — NM Code / Chapter 60 / Article 6E / Section 60-6E-1
§ 60-6E-1. Article designation; alcohol server education
Status: in_force

Chapter 60, Article 6E NMSA 1978 may be cited as the “Alcohol Server Education Article of the Liquor Control Act”.