FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 59A-23D-6 — NM Code / Chapter 59A / Article 23D / Section 59A-23D-6
§ 59A-23D-6. Withdrawals
Status: in_force

A. An employee may withdraw money without penalty from his medical care savings account for a purpose other than payment of eligible medical expenses when the employee attains the age specified in Section 1811 of the Social Security Act. 1 An employee may also withdraw money without penalty for payment of coverage for:

(1) a health plan during any period of continuation coverage required under any federal law;

(2) a qualified long-term care insurance contract as defined by Section 7702B(6) of the Internal Revenue Code of 1986; or

(3) a health plan during a period in which the person is receiving unemployment compensation under any federal or state law.

B. Except as provided in Subsection A of this section, if an employee withdraws money from the employee's medical care savings account that is not used exclusively to pay eligible medical expenses of the employee or a dependent, it shall be included in the gross income of the employee for taxation purposes.

C. Except as provided in Subsection A of this section, if an employee withdraws money from the employee's medical care savings account for a purpose other than a rollover to a new account administrator:

(1) the amount of the withdrawal shall be considered gross income to the employee and subject to taxation; and

(2) the administrator shall also consider as a withdrawal on behalf of the employee a penalty equal to fifteen percent of the amount of the withdrawal and shall consider this as gross income to the employee for taxation purposes.

D. If a person is no longer employed by an employer that participates in a program or if an employee chooses to cease participating in the program, the person or employee shall, within sixty days of his final day of employment or participation:

(1) request, in writing, the rollover of his savings account to a new account administrator;

(2) request, in writing, that the former employer's account administrator continue to administer the savings account, including in the request an agreement to pay the cost, if any, of account administration on that savings account; or

(3) withdraw the money from the savings account subject to the provisions of Subsection C of this section, if the withdrawal is not for the purpose of a rollover when within sixty days of the receipt of the funds they are placed with a new account administrator.

E. No more than sixty days after the date of notification by the employee pursuant to Subsection D of this section, the account administrator shall:

(1) transfer the savings account to a new account administrator as requested;

(2) agree, in writing, to continue to act as the account administrator for the savings account; or

(3) mail a check to the person or employee at his last known address for the amount in the account as of the day the check was issued.

F. Upon the death of an employee, the account administrator shall distribute the principal and accumulated interest of the savings account to the estate of the employee.
N.M. Stat. § 61-23-11 — NM Code / Chapter 61 / Article 23 / Section 61-23-11
§ 61-23-11. Receipts and disbursement; fund created
Status: in_force

A. The “professional engineers' and surveyors' fund” is created in the state treasury. The executive director of the board shall receive and account for all money received under the provisions of the Engineering and Surveying Practice Act and shall pay that money to the state treasurer for deposit in the fund. Money in this fund shall be paid out only by warrant of the secretary of finance and administration upon the state treasurer, upon itemized vouchers approved by the chair and attested by the executive director of the board. All money in the fund is appropriated for the use of the board. Earnings from investment of the fund shall accrue to the credit of the fund.

B. The executive director of the board shall give a surety bond to the state in such sum as the board may determine. The premium on the bond shall be regarded as a proper and necessary expense of the board and shall be paid out of the fund.

C. The board may make expenditures of the fund for any purpose that in the opinion of the board is reasonably necessary for the proper performance of its duties pursuant to the Engineering and Surveying Practice Act, including the expenses of the board's delegates to the conventions of, and for membership dues to, the national council of examiners for engineering and surveying and any of its subdivisions or any other body of similar purpose.
N.M. Stat. § 14-2-5 — NM Code / Chapter 14 / Article 2 / Section 14-2-5
§ 14-2-5. Purpose of act; declaration of public policy
Status: in_force

Recognizing that a representative government is dependent upon an informed electorate, the intent of the legislature in enacting the Inspection of Public Records Act is to ensure, and it is declared to be the public policy of this state, that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. It is the further intent of the legislature, and it is declared to be the public policy of this state, that to provide persons with such information is an essential function of a representative government and an integral part of the routine duties of public officers and employees.
N.M. Stat. § 34-2-12 — NM_STATUTES Code / Chapter 34 / Article 2 / Section 34-2-12
§ 34-2-12. Payment of accounts
Status: in_force

The secretary of finance and administration shall draw warrants on the state treasurer in payment of all accounts of the supreme court law library that have been audited by the chief justice and justices of the supreme court or their designees, to the extent of the appropriations made for such purposes but for no more.
N.M. Stat. § 22-4-11 — NM Code / Chapter 22 / Article 4 / Section 22-4-11
§ 22-4-11. Publication of order; actions attacking order
Status: in_force

After adoption of an order of the state board [department] for creation of a new school district or for consolidation of school districts, the state superintendent [secretary] of public instruction shall forthwith cause a copy of such order to be published in a newspaper of general circulation in each county within which any part of the new or consolidated school district may be located.

Actions to attack the validity of any such order shall be filed within thirty days from the date of such publication, but not afterwards. Such actions shall be filed in Santa Fe county district court and the state board of education [department] shall be an indispensable party thereto.
N.M. Stat. § 30-31-26 — NM Code / Chapter 30 / Article 31 / Section 30-31-26
§ 30-31-26. Penalties under other laws
Status: in_force

A. Any penalty imposed for violation of the Controlled Substances Act is in addition to any civil or administrative penalty or sanction otherwise provided by law.

B. A municipality may, by ordinance, prohibit distribution or possession of a controlled substance enumerated in Schedules I, II, III or IV but penalty provisions shall be the same as those provided for a similar crime in the Controlled Substances Act.
N.M. Stat. § 13-4A-5 — NM_STATUTES Code / Chapter 13 / Article 4A / Section 13-4A-5
§ 13-4A-5. Art in public places fund; creation
Status: in_force

There is created in the state treasury the “art in public places fund” which shall be administered by the division pursuant to the Art in Public Places Act.
N.M. Stat. § 59A-21-27 — NM Code / Chapter 59A / Article 21 / Section 59A-21-27
§ 59A-21-27. Definition
Status: in_force

For the purposes of this act, “published monthly average” means “Moody's corporate bond yield average-monthly average corporates” as published by Moody's Investors Service, Inc. or any successor thereto or in the event that “Moody's corporate bond yield average-monthly average corporates” is no longer published, a substantially similar average as established by regulation of the superintendent of insurance.
N.M. Stat. § 73-14-59 — NM Code / Chapter 73 / Article 14 / Section 73-14-59
§ 73-14-59. Suspension or removal of directors
Status: in_force

Any elected director may be suspended or removed from office by order or judgment of the district court of the county of said director's residence, in the same manner, under the same procedure and for the same causes as are or may be provided by the laws governing the removal of county officers.
N.M. Stat. § 47-7A-4 — NM Code / Chapter 47 / Article 7A / Section 47-7A-4
§ 47-7A-4. Variation by agreement
Status: in_force

Except as expressly provided in the Condominium Act, the provisions of that act shall not be varied by agreement, and the rights conferred by the Condominium Act shall not be waived. A declarant shall not evade the limitations or prohibitions of that act or the declaration by use of a power of attorney or any other device.
N.M. Stat. § 21-13-25 — NM Code / Chapter 21 / Article 13 / Section 21-13-25
§ 21-13-25. Liberal construction
Status: in_force

The Community College Act, being necessary to secure the public health, safety, convenience and welfare, shall be liberally construed to effect its purposes.
N.M. Stat. § 72-16-7 — NM Code / Chapter 72 / Article 16 / Section 72-16-7
§ 72-16-7. Provision for remonstrances
Status: in_force

Within sixty days from the time this act goes into effect, a written, signed and acknowledged remonstrance against the acquiring of the flood control system provided for in Section 19 herein may be filed with the board hereinafter created by the owners of property of the value of at least thirty percent of the value of the property herein provided to be taxed, based upon the assessed valuation of said property for general taxes for the year preceding the year of making such remonstrance. If there is real estate in the authority that has not been separately assessed by the taxing authorities, the board shall value such real estate for the purpose of such remonstrance on the same basis of valuation as other real estate similarly situated that has been separately assessed. The board shall, as soon as possible, examine such remonstrance, if made, and canvass and pass upon and determine its sufficiency, and its action thereon shall be final. If the petition is found to contain the names of the owners of property of fifty percent of the total valuation of said real estate in the authority and is found to be sufficient, then the flood control system herein provided for shall not be acquired; provided, that no action under the terms of this act shall be delayed during the period of sixty days, except that no bonds shall be issued during said time.
N.M. Stat. § 21-11-7 — NM Code / Chapter 21 / Article 11 / Section 21-11-7
§ 21-11-7. Duties of secretary-treasurer of board of regents
Status: in_force

The secretary and treasurer shall be the financial and recording officer of said board, shall keep a true and correct account of all moneys received and expended by him, shall attest all instruments required to be signed by the president of said board, and shall keep a true and correct record of all the proceedings of said board and, generally, do all other things required of him by said board.
N.M. Stat. § 6-21-6.11 — NM_STATUTES Code / Chapter 6 / Article 21 / Section 6-21-6.11
§ 6-21-6.11. Rural county cancer treatment fund created; purpose; appropriation
Status: in_force

The “rural county cancer treatment fund” is created in the New Mexico finance authority. The fund is composed of appropriations, donations, distributions pursuant to Section 7-1-6.11 NMSA 1978 and money earned from investment of the fund and otherwise accruing to the fund. Money in the fund is appropriated to the New Mexico finance authority to provide a revenue stream to finance the design, construction, equipping and furnishing of additions and improvements to cancer treatment facilities in class B counties. Balances remaining in the fund at the end of a fiscal year shall not revert. The New Mexico finance authority shall administer the fund, and money from the fund may be drawn only on warrants signed by the executive director of the New Mexico finance authority pursuant to vouchers signed by the chief financial officer or the officer's authorized representative.
N.M. Stat. § 50-4-10 — NM Code / Chapter 50 / Article 4 / Section 50-4-10
§ 50-4-10. Forfeiture and penalties
Status: in_force

A. An employer who violates or fails to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and upon conviction for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978 .

B. A person who is convicted of a second or subsequent offense of violating or failing to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978 and shall be fined no less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) for each offense for which the person is convicted, which fine shall not be suspended, deferred or taken under advisement.

C. Each occurrence of a violation for which a person is convicted is a separate offense. Multiple violations arising from transactions with the same person or multiple violations arising from transactions with different people shall be considered separate occurrences.

D. In case the employer is a corporation, the fine provided in this section shall be assessed against the corporation as a penalty.
N.M. Stat. § 59A-47-14 — NM Code / Chapter 59A / Article 47 / Section 59A-47-14
§ 59A-47-14. Annual statement
Status: in_force

As prerequisite to continuance of its certificate of authority, each health care plan shall on or before March 1 each year file with the superintendent and with the national association of insurance commissioners an annual statement in accordance with the requirements of Section 59A-5-29 NMSA 1978 and a risk-based capital report in accordance with the requirements of Section 59A-5A-3 NMSA 1978 .
N.M. Stat. § 3-41-3 — NM Code / Chapter 3 / Article 41 / Section 3-41-3
§ 3-41-3. Flood control; eminent domain; condemnation
Status: in_force

A. A municipality may acquire by condemnation land, easements and right-of-way within or without the municipality for any construction as authorized in Section 3-41-1 NMSA 1978, or the removal of any obstruction in a stream.

B. The proceedings for condemnation shall be as authorized by law. If the governing body determines that the compensation awarded by the commissioners, as provided in Section 42-1-3 NMSA 1978 is more than the municipality should pay or is able to pay, the municipality, before taking possession of the property or removing any obstruction, may dismiss the proceedings for condemnation and is relieved of any obligation to pay compensation.
N.M. Stat. § 73-6-27 — NM Code / Chapter 73 / Article 6 / Section 73-6-27
§ 73-6-27. Commissioners; vacancies
Status: in_force

Vacancies in the board may be filled by such judge at any time, the commissioners appointed to hold [office] for the residue of the unexpired term. The removal of any commissioner from the county or counties in which lands of such district are situated shall render his office vacant.
N.M. Stat. § 59A-32-14 — NM Code / Chapter 59A / Article 32 / Section 59A-32-14
§ 59A-32-14. Insurance policies; appropriate reduction in premiums
Status: in_force

A. Any rates, rating schedules or rating manuals for the liability, personal injury protection and collision coverages of a motor vehicle insurance policy submitted to or filed with the superintendent of insurance shall provide for an appropriate reduction in premium charges for a three-year consecutive period for such coverages when the principal operator of the covered vehicle:

(1) is an insured driver fifty-five years or older; and

(2) has successfully completed a motor vehicle accident prevention course approved by the traffic safety bureau of the state highway and transportation department.

B. Any discount used by the insurer pursuant to this section shall be presumed appropriate unless credible data demonstrates otherwise.
N.M. Stat. § 53-11-36 — NM Code / Chapter 53 / Article 11 / Section 53-11-36
§ 53-11-36. Number and election of directors
Status: in_force

The number of directors of a corporation shall consist of one or more members. The number of directors shall be fixed by, or in the manner provided in, the articles of incorporation or the bylaws. The number of directors may be increased or decreased from time to time by amendment to, or in the manner provided in, the articles of incorporation or the bylaws, but no decrease shall have the effect of shortening the term of any incumbent director. If the number of directors is not fixed by, or in the manner provided in, the bylaws or the articles of incorporation, the number shall be the same as the number of directors constituting the initial board of directors. The names and addresses of the members of the first board of directors shall be stated in the articles of incorporation. Such persons shall hold office until the first annual meeting of shareholders and until their successors have been elected and qualified. At the first annual meeting of shareholders and at each annual meeting thereafter, the shareholders shall elect directors to hold office until the next succeeding annual meeting, except in case of the classification of directors as permitted by the Business Corporation Act. Each director shall hold office for the term for which the director is elected and until a successor has been elected and qualified.
N.M. Stat. § 7-12-9.4 — NM_STATUTES Code / Chapter 7 / Article 12 / Section 7-12-9.4
§ 7-12-9.4. Retail sale of cigarettes
Status: in_force

A retailer of cigarettes shall:

A. only obtain cigarettes for resale from a distributor;

B. only obtain stamped cigarettes;

C. not sell cigarettes at wholesale or for resale unless the retailer is also a distributor; and

D. comply with the provisions of the Cigarette Tax Act or any law or rule that applies to retailers of cigarettes.
N.M. Stat. § 59A-37-28 — NM Code / Chapter 59A / Article 37 / Section 59A-37-28
§ 59A-37-28. Suspension, revocation, noncontinuance of certificate of authority
Status: in_force

Whenever it appears to the superintendent that any person has violated a provision of Chapter 59A, Article 37 NMSA 1978 which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the superintendent may, after giving notice and an opportunity to be heard, suspend, revoke or refuse to continue the insurer's certificate of authority to do business in this state for such period as he finds necessary for protection of policyholders or the public. Any such order shall be accompanied by specific findings of fact and conclusions of law.
N.M. Stat. § 67-5-16 — NM Code / Chapter 67 / Article 5 / Section 67-5-16
§ 67-5-16. Approval of road opening; recording viewers' report
Status: in_force

If the board of county commissioners determine [determines] to open any such road, they shall cause the full and final report of the viewers including the plat and report of the surveyor to be recorded in the office of the county clerk and recorded, in a book kept for that purpose.
N.M. Stat. § 16-5-9 — NM Code / Chapter 16 / Article 5 / Section 16-5-9
§ 16-5-9. Authority of commission to incur indebtedness
Status: in_force

A. The commission has authority to incur indebtedness for the following purposes:

(1) expenditures to make emergency repairs, replacements or additions to the railroad's equipment or facilities; and

(2) capital expenditures for development, improvement and acquisition of facilities and equipment for the railroad.

B. Before the authority to incur indebtedness may be exercised, a majority of the commission members shall vote in favor of a resolution that:

(1) specifies the amount of indebtedness to be incurred;

(2) specifies in detail the purposes for the loan; and

(3) authorizes the chairman of the commission to execute all documents on behalf of the commission to incur the indebtedness by negotiating a loan from a financial institution.

C. The total indebtedness existing at any time under the authority granted in this section shall not exceed two hundred fifty thousand dollars ($250,000).

D. Any indebtedness incurred under the authority of this section shall not create a debt of the state or pledge the general credit of the state or commission. It shall not constitute personal indebtedness of any member of the commission. Except as provided in Subsection E of this section, the indebtedness shall not be secured by any type of security interest in the real or personal property of the railroad, nor shall that property be subject to any legal process to satisfy a judgment for the indebtedness in the event of nonpayment of the indebtedness.

E. The commission may pledge as security for the repayment of indebtedness incurred and outstanding under the authority of this section all of the railroad user fees authorized to be charged under Section 5 of the Cumbres and Toltec Scenic Railroad Act.
N.M. Stat. § 58-10-34 — NM Code / Chapter 58 / Article 10 / Section 58-10-34
§ 58-10-34. Fiscal agent
Status: in_force

Any association may act as fiscal agent of the United States and, when so designated by the secretary of the treasury, shall perform under regulations he may require, and may act as agent for any instrumentality of the United States.
N.M. Stat. § 72-16-41 — NM Code / Chapter 72 / Article 16 / Section 72-16-41
§ 72-16-41. Issuance of notes
Status: in_force

The authority is authorized to borrow money without an election in anticipation of taxes or other revenues, or both, and to issue notes to evidence the amount so borrowed.
N.M. Stat. § 70-4-3 — NM Code / Chapter 70 / Article 4 / Section 70-4-3
§ 70-4-3. Liens of subcontractors
Status: in_force

Any person who furnishes or hauls the material, tools, equipment, machinery or supplies as, or to, a subcontractor, or any person who performs the labor for, or under, a subcontract with a contractor or subcontractor shall have a lien upon the whole of the land, oil and gas permit, leasehold, lease for oil and gas purposes, or oil pipeline, gas pipeline or gasoline pipeline, and the right-of-way therefor, buildings and equipment thereon, and the appurtenances thereto, and upon the materials, tools, machinery, equipment and supplies so furnished or hauled, and upon the oil and gas well for which they were furnished or hauled, and upon all the other oil and gas wells, fixtures, machinery, tools, equipment and appliances used in operating or developing for oil and gas purposes upon the land, oil and gas permit, leasehold, or lease for oil and gas purposes, for which the material, tools, machinery, equipment or supplies were furnished or hauled, or labor performed, to the same extent, with the same preferences and priorities, and on an equality with the lien of an original contractor as provided in Sections 70-4-1 and 70-4-2 NMSA 1978 , for the amount due him for the labor, hauling or materials, tools, machinery, equipment or supplies.
N.M. Stat. § 77-2A-1 — NM Code / Chapter 77 / Article 2A / Section 77-2A-1
§ 77-2A-1. Short title
Status: in_force

Chapter 77, Article 2A NMSA1978 may be cited as the “New Mexico Beef Council Act”.
N.M. Stat. § 7-1-71 — NM Code / Chapter 7 / Article 1 / Section 7-1-71
§ 7-1-71. Civil penalty for failure to collect and pay over tax
Status: in_force

If any person required to collect and pay over any tax fails, neglects or refuses to collect such tax or to account for and pay over such tax, he shall either pay the amount of tax himself or he shall pay a penalty equal to the total amount of the tax not collected or not accounted for and paid over, in either case in addition to other penalties provided by law.