FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 30-42-6 — NM Code / Chapter 30 / Article 42 / Section 30-42-6
§ 30-42-6. Racketeering; civil remedies
Status: in_force

A. A person who sustains injury to his person, business or property by a pattern of racketeering activity may file an action in the district court for the recovery of three times the actual damages proved and the costs of the suit, including reasonable attorney's fees.

B. The state may file an action on behalf of those persons injured or to prevent, restrain or remedy racketeering as defined by the Racketeering Act.

C. The district court has jurisdiction to prevent, restrain and remedy racketeering as defined in Subsection A of Section 30-42-3 NMSA 1978 after making provision for the rights of all innocent persons affected by such violation and after hearing or trial, as appropriate, by issuing appropriate orders. Prior to a determination of liability, such orders may include but are not limited to entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture or other restraints pursuant to this section as it deems proper.

D. Following a determination of liability, such orders may include but are not limited to:

(1) ordering any person to divest himself of any interest, direct or indirect, in any enterprise;

(2) imposing reasonable restrictions on the future activities or investments of any person;

(3) ordering dissolution or reorganization of any enterprise;

(4) ordering the payment of three times the damages proved to those persons injured by racketeering; and

(5) ordering the payment of all costs and expenses of the prosecution and investigation of any offense included in the definition of racketeering incurred by the state to be paid to the general fund of New Mexico.
N.M. Stat. § 4-55A-33 — NM_STATUTES Code / Chapter 4 / Article 55A / Section 4-55A-33
§ 4-55A-33. Improvement district; appeal of reassessment; procedure exclusive
Status: in_force

A. The rights and remedies granted in Section 18 of the County Improvement District Act to any owner who objects, contests or appeals the amount, correctness, regularity or validity of the reassessment;

(1) are declared to exclude any other right, remedy, suit or action either at law or in equity which might otherwise be available; and

(2) do afford the owner a sufficient day in court for the redressing of all rights and grievances that he may have in connection with the reassessment.

B. Any person who fails to file an objection to a reassessment in the manner provided in Section 18 of the County Improvement District Act or fails to appeal to the district court in the manner provided in Section 31 of that act, is forever absolutely barred from objecting to or contesting the amount, correctness, regularity or validity of the reassessment.
N.M. Stat. § 63-3-38 — NM Code / Chapter 63 / Article 3 / Section 63-3-38
§ 63-3-38. Maintenance of grade crossing
Status: in_force

After construction of every grade separation, the state transportation commission shall maintain the highway roadbed and the structures supporting it and the railroad shall maintain its roadway and track and the structures supporting them.
N.M. Stat. § 6-33-4 — NM_STATUTES Code / Chapter 6 / Article 33 / Section 6-33-4
§ 6-33-4. Investments; qualifications; board approval
Status: in_force

A. In making investments pursuant to the Venture Capital Program Act, the authority shall make:

(1) investments in venture private equity funds; or

(2) early stage investments in New Mexico businesses whose investments or enterprises enhance the economic development objectives of the state.

B. The authority is authorized to make investments in New Mexico businesses to create new job opportunities and to support new, emerging or expanding businesses in a manner consistent with the constitution of New Mexico if:

(1) an investment in any one business does not exceed ten percent of the balance of the venture capital program fund;

(2) an investment in any one industry does not exceed thirty percent of the balance of the venture capital program fund; and

(3) the investments represent no more than fifty-one percent of the total investment capital in a business; provided, however, that nothing in this subsection prohibits the ownership of more than fifty-one percent of the total investment capital in a New Mexico business if the additional ownership interest:

(a) is due to foreclosure or other action by the authority pursuant to agreements with the business or other investors in that business;

(b) is necessary to protect the investment; and

(c) does not require an additional investment of the fund.

C. In making investments pursuant to the Venture Capital Program Act, the authority may make differential rate investments for economic development purposes.

D. The authority shall make investments pursuant to the Venture Capital Program Act only upon approval of the board of directors of the authority and within guidelines and policies established by the board.
N.M. Stat. § 73-20-28 — NM Code / Chapter 73 / Article 20 / Section 73-20-28
§ 73-20-28. Soil and water conservation commission members
Status: in_force

There is created a “soil and water conservation commission” to be composed of seven appointed members and five ex-officio members. The seven appointed members shall be selected by and serve at the pleasure of the governor. Six of the appointed members shall be supervisors and shall be selected and appointed from a panel of three candidates from each region, compiled by the districts of each region and presented by the president of the New Mexico association of conservation districts. One appointed member shall be selected at large and shall be a person interested and active in the conservation or development of natural resources in New Mexico. The five ex-officio members shall serve without vote and shall include:

A. the governor or his designee;

B. the associate director of the cooperative extension service of New Mexico state university or his designee;

C. the associate director of the agricultural experiment station of New Mexico state university or his designee;

D. the state conservationist of the natural resources conservation service of the United States department of agriculture or his designee; and

E. the president of the New Mexico association of conservation districts or his designee.
N.M. Stat. § 3-32-2 — NM_STATUTES Code / Chapter 3 / Article 32 / Section 3-32-2
§ 3-32-2. Short title
Status: in_force

Chapter 3, Article 32 NMSA 1978 may be cited as the “Industrial Revenue Bond Act”.
N.M. Stat. § 59A-8-8 — NM Code / Chapter 59A / Article 8 / Section 59A-8-8
§ 59A-8-8. Loss reserves
Status: in_force

A. Each authorized insurer shall maintain reserves in such amount as is requisite to cover losses and claims incurred and unpaid, together with related adjustment and settlement expense, whether reported or unreported as at financial statement date. In computing or approving such reserves the superintendent may estimate any portion which it is not practicable to compute accurately due to failure to receive notice or otherwise.

B. Whenever the loss and loss expense experience of an insurer shows that its loss reserves, however calculated, are inadequate, the superintendent may require the insurer to maintain additional reserves.
N.M. Stat. § 10-14-1 — NM_STATUTES Code / Chapter 10 / Article 14 / Section 10-14-1
§ 10-14-1. Declaration of policy
Status: in_force

In order to extend to employees of the state and its political subdivisions and to the dependents and survivors of such employees, the basic protection accorded to others by the old-age and survivors' insurance system embodied in the Social Security Act, 1 it is hereby declared to be the policy of the legislature, subject to the limitations of this act, that such steps be taken as to provide such protection to employees of the state and its political subdivisions on as board [broad] a basis as is permitted under the Social Security Act. It is also the policy of the legislature that the protection afforded employees in positions covered by a retirement system on the date an agreement under this act is made applicable to service performed in such positions, or receiving periodic benefits under such retirement system at such time, will not be impaired as a result of making the agreement so applicable or as a result of legislative enactment in anticipation thereof.
N.M. Stat. § 22-13-3.1 — NM_STATUTES Code / Chapter 22 / Article 13 / Section 22-13-3.1
§ 22-13-3.1. Even start family literacy program; created; guidelines; benchmarks, performance standards and evaluations
Status: in_force

A. The “even start family literacy program” is created in the department to provide funding for preschool reading readiness and parenting education. The purpose of the program is to support the educational and developmental needs of students in preschool; address cultural diversity; and provide family support that leads to improved literacy, improved ability for students to succeed in school and economic self-sufficiency. Priority for funding shall be provided to those public schools that have the highest proportion of limited English proficient students, students living in poverty and Native American students.

B. The department shall develop even start family literacy program benchmarks and performance standards, guidelines for program approval and funding approval criteria. The department shall disseminate the program information in all public schools and shall provide technical assistance to public schools in developing proposals.

C. The department shall distribute money to public schools with approved even start family literacy programs that meet the specified criteria based upon actual program costs to ensure the implementation of performance based budgeting measures.
N.M. Stat. § 35-7-12 — NM Code / Chapter 35 / Article 7 / Section 35-7-12
§ 35-7-12. Magistrate administration; rules of pleading, practice and procedure
Status: in_force

A. The supreme court of New Mexico shall, by rules promulgated by it from time to time, regulate pleading, practice and procedure in judicial proceedings in the magistrate court for the purpose of simplifying and promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge or modify the substantive rights of any litigant.

B. The supreme court shall cause all rules to be printed and distributed to all magistrates and to all members of the bar and no rule shall become effective until thirty days after it has been so printed and distributed.
N.M. Stat. § 72-16-67 — NM Code / Chapter 72 / Article 16 / Section 72-16-67
§ 72-16-67. Signatures of predecessors in office
Status: in_force

The securities and any coupons bearing the signatures of the officers in office at the time of the signing thereof shall be the valid and binding obligations of the authority, notwithstanding that before the delivery thereof and payment therefor, any or all of the persons whose signatures appear thereon shall have ceased to fill their respective offices.
N.M. Stat. § 10-16-18 — NM_STATUTES Code / Chapter 10 / Article 16 / Section 10-16-18
§ 10-16-18. Enforcement; civil penalties
Status: in_force

A. If the state ethics commission reasonably believes that a person committed, or is about to commit, a violation of the Governmental Conduct Act, the state ethics commission may refer the matter to the attorney general or a district attorney for enforcement.

B. The state ethics commission may institute a civil action in district court or refer a matter to the attorney general or a district attorney to institute a civil action in district court if a violation has occurred or to prevent a violation of any provision of the Governmental Conduct Act. Relief may include a permanent or temporary injunction, a restraining order or any other appropriate order, including an order for a civil penalty of two hundred fifty dollars ($250) for each violation not to exceed five thousand dollars ($5,000).
N.M. Stat. § 1-16-8 — NM Code / Chapter 1 / Article 16 / Section 1-16-8
§ 1-16-8. Ballot questions; prohibition on nonbinding or advisory questions
Status: in_force

In no case shall a nonbinding or merely advisory question be placed on the ballot for any election held pursuant to the Election Code.
N.M. Stat. § 53-8-42 — NM Code / Chapter 53 / Article 8 / Section 53-8-42
§ 53-8-42. Adoption of merger or consolidation
Status: in_force

A. A plan of merger or consolidation shall be adopted in the following manner:

(1) if the members of any merging or consolidating corporation are entitled to vote thereon, the board of directors of the corporation shall adopt a resolution approving the proposed plan and directing that it be submitted to a vote at a meeting of members entitled to vote thereon, which may be either an annual or a special meeting. Written notice setting forth the proposed plan or a summary thereof shall be given to each member entitled to vote at the meeting within the time and in the manner provided in the Nonprofit Corporation Act for the giving of notice of meetings of members. The proposed plan shall be adopted upon receiving at least two-thirds of the votes which members present at each such meeting or represented by proxy are entitled to cast; or

(2) if any merging or consolidating corporation has no members, or no members entitled to vote thereon, a plan of merger or consolidation shall be adopted at a meeting of the board of directors of the corporation upon receiving the vote of a majority of the directors in office.

B. After adoption, and at any time prior to the filing of the articles of merger or consolidation, the merger or consolidation may be abandoned pursuant to provisions therefor, if any, set forth in the plan of merger or consolidation.
N.M. Stat. § 72-20-102 — NM Code / Chapter 72 / Article 20 / Section 72-20-102
§ 72-20-102. Open Meetings Act
Status: in_force

All actions and business of the board, including the first board appointed by the governor, shall be conducted pursuant to the Open Meetings Act.
N.M. Stat. § 19-8-2 — NM Code / Chapter 19 / Article 8 / Section 19-8-2
§ 19-8-2. Inspection of lessee's books by commissioner
Status: in_force

The commissioner, or his representative, shall have the right to inspect all records or books of account pertaining to the mining, extraction, transportation, reduction and returns of all ores taken from such leased lands.
N.M. Stat. § 9-5B-11 — NM_STATUTES Code / Chapter 9 / Article 5B / Section 9-5B-11
§ 9-5B-11. Report by commission
Status: in_force

At least forty-five days prior to each legislative session, the commission shall submit a report concerning its activities, the projects implemented and any recommendations to the governor and the legislature.
N.M. Stat. § 76-6-4 — NM Code / Chapter 76 / Article 6 / Section 76-6-4
§ 76-6-4. Voluntary measures
Status: in_force

The board, either independently or in cooperation with counties, cities, towns or other political subdivisions of the state, farmers' associations or similar organizations, individuals, [the] federal government or of [with] other states, is authorized to carry out operations or measures to locate, suppress, control, eradicate or prevent or retard the spread of pests with the consent of the owners of the property involved.
N.M. Stat. § 34-6-32 — NM Code / Chapter 34 / Article 6 / Section 34-6-32
§ 34-6-32. Operation; return of filed papers
Status: in_force

Whenever any original documents are filed with the district court or introduced into evidence, upon application by the party filing or offering the same and upon approval of the court, the original document may be returned and a clearly legible copy substituted therefor. Similarly, objects in evidence of a nondocumentary nature may be withdrawn and photographs adequately illustrating the object or an adequate written description of the object may be substituted.
N.M. Stat. § 57-3B-4 — NM Code / Chapter 57 / Article 3B / Section 57-3B-4
§ 57-3B-4. Registrability
Status: in_force

A. A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:

(1) consists of or comprises immoral, deceptive or scandalous matter;

(2) consists of or comprises matter that may disparage or falsely suggest a connection with persons living or dead, institutions, beliefs or national symbols or that may bring them into contempt or disrepute;

(3) consists of or comprises the flag, coat of arms or other insignia of the United States or of any state, municipality, foreign nation or any simulation of these;

(4) consists of or comprises the name, signature or portrait identifying a particular living individual, except by the individual's written consent;

(5) consists of a mark that:

(a) when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;

(b) when used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them;

(c) is primarily merely a surname; provided, however, nothing in this subsection shall prevent the registration of a mark used by the applicant that has become distinctive of the applicant's goods or services. The secretary may accept as evidence that the mark has become distinctive as used on or in connection with the applicant's goods or services, proof of continuous use of it as a mark by the applicant in this state for the five years before the date on which the claim of distinctiveness is made; or

(d) consists of or comprises a mark that so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive.

B. A mark is deemed to be abandoned when either of the following occurs:

(1) when its use has been discontinued with intent not to resume that use. Intent not to resume may be inferred from circumstances; nonuse for two consecutive years shall constitute prima facie evidence of abandonment; or

(2) when any course of conduct of the owner, including acts of omission as well as commission, causes the mark to lose its significance as a mark.
N.M. Stat. § 59A-18-6 — NM Code / Chapter 59A / Article 18 / Section 59A-18-6
§ 59A-18-6. Insurable interest, property
Status: in_force

A. No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured as at the time of the loss.

B. “Insurable interest” as used in this section means any actual, lawful and substantial economic interest in the safety and preservation of the subject of the insurance free from loss, destruction, pecuniary damage or impairment.
N.M. Stat. § 69-25B-5 — NM Code / Chapter 69 / Article 25B / Section 69-25B-5
§ 69-25B-5. State reclamation plan; application for support
Status: in_force

A. The director shall develop and submit to the United States secretary of the interior a state reclamation plan. The plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded and the legal authority and programmatic capability to perform such work in conformance with the provisions of federal law and regulations.

B. After approval by the United States secretary of the interior of the state plan, the director shall submit, on an annual basis, an application for the support of the state program and implementation of specific reclamation projects. The annual applications shall include such information as may be requested by the United States secretary of the interior.
N.M. Stat. § 21-10-1 — NM_STATUTES Code / Chapter 21 / Article 10 / Section 21-10-1
§ 21-10-1. Purpose
Status: in_force

The purpose of this act is to provide funds to New Mexico state university in order that agricultural and engineering education and work experience opportunities may be provided to Indian students to help prepare them for agricultural sciences, engineering sciences and management positions in irrigation projects and energy resources development to the end that the economic growth and public welfare of New Mexico will be promoted.
N.M. Stat. § 29-7-3 — NM Code / Chapter 29 / Article 7 / Section 29-7-3
§ 29-7-3. New Mexico law enforcement standards and training council
Status: in_force

A. The “New Mexico law enforcement standards and training council” is created and is administratively attached to the New Mexico law enforcement academy of the department of public safety, which shall provide staff support for the council.

B. The council shall develop and promulgate training requirements, curricula and methods; professional development programs; and performance standards for law enforcement officers and public safety telecommunicators at all levels, including basic, field training officer programs, advanced, specialized and instructor training to be consistent throughout New Mexico.

C. The council consists of:

(1) the director of the academy and the directors of the accredited regional law enforcement training facilities, who serve ex officio; and

(2) eleven members appointed by the governor and confirmed by the senate, consisting of:

(a) one attorney employed in a district attorney's office;

(b) one attorney employed by the public defender department;

(c) one certified police chief of a New Mexico Indian nation, tribe or pueblo;

(d) two New Mexico state-certified public safety telecommunicators, one of whom shall be from an agency that offers fire and medical telecommunications services and one of whom shall be from a public safety agency serving a rural part of the state;

(e) two members who have experience and specialize in providing adult education;

(f) two citizen-at-large members, one of whom has behavioral health expertise and neither of whom is an active or retired law enforcement officer or public safety telecommunicator or has a familial or financial connection to an active or retired law enforcement officer or public safety telecommunicator or any agency or department for which a law enforcement officer or public safety telecommunicator works;

(g) a sheriff who is a New Mexico state-certified law enforcement officer; and

(h) a municipal law enforcement manager who is a New Mexico-state certified law enforcement officer in a command position.

D. An appointed council member shall serve and have all the duties, responsibilities and authority of that office during the period prior to the final action by the senate in confirming or rejecting the appointments. Vacancies on the council shall be filled by appointment by the governor with the consent of the senate for the remainder of the unexpired term.

E. Appointments to the council shall be for staggered terms of four years or less made in such manner that the terms of not more than four members expire on July 1 of each year.

F. Members of the council are entitled to receive, for their service as members of the council, per diem and mileage as provided in the Per Diem and Mileage Act. 1