FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 5-8-5 — NM Code / Chapter 5 / Article 8 / Section 5-8-5
§ 5-8-5. Items not payable by fee
Status: in_force

Impact fees shall not be imposed or used to pay for:

A. construction, acquisition or expansion of public facilities or assets that are not capital improvements or facility expansions identified in the capital improvements plan;

B. repair, operation or maintenance of existing or new capital improvements or facility expansions;

C. upgrading, updating, expanding or replacing existing capital improvements to serve existing development in order to meet stricter safety, efficiency, environmental or regulatory standards;

D. upgrading, updating, expanding or replacing existing capital improvements to provide better service to existing development;

E. administrative and operating costs of a municipality or county except as provided in Paragraph (4) of Subsection A of Section 4 of the Development Fees Act; 1

F. principal payments or debt service charges on bonds or other indebtedness, except as allowed by Section 4 of the Development Fees Act; or

G. libraries, community centers, schools, projects for economic development and employment growth, affordable housing or apparatus and equipment of any kind, except capital improvements defined in Paragraph (3) of Subsection D of Section 2 of the Development Fees Act. 2
N.M. Stat. § 6-21-6.10 — NM Code / Chapter 6 / Article 21 / Section 6-21-6.10
§ 6-21-6.10. New Mexico finance authority revenue bonds; purpose; appropriation
Status: repealed

A. The authority may issue and sell revenue bonds in compliance with the New Mexico Finance Authority Act in an amount not exceeding two million five hundred thousand dollars ($2,500,000) for the behavioral health capital fund to make loans to eligible entities for capital projects pursuant to the Behavioral Health Capital Funding Act.

B. The net proceeds from the sale of the bonds are appropriated to the behavioral health capital fund for the purposes described in Subsection A of this section.

C. The authority may issue and sell revenue bonds in compliance with the New Mexico Finance Authority Act in an amount not to exceed five million dollars ($5,000,000) for acquiring land for and planning, designing, constructing and equipping department of health facilities or improvements to those facilities, upon certification from the secretary of health that such projects are needed. The costs associated with issuing the bonds shall be paid from the net proceeds from the sale of the bonds, and the remainder is appropriated to the facilities management division of the general services department for the projects certified pursuant to this subsection.

D. The cigarette tax proceeds distributed to the authority pursuant to Subsection D [C] of Section 7-1-6.11 NMSA 1978:

(1) are appropriated to the authority to be pledged irrevocably for the payment of the principal, interest, premiums and related expenses of the bonds and for payment of the expenses incurred by the authority related to the issuance, sale and administration of the bonds; and

(2) shall be deposited in a separate fund or account of the authority.

E. Any law authorizing the imposition, collection or distribution of the cigarette tax or that affects the cigarette tax shall not be amended, repealed or otherwise directly or indirectly modified so as to impair or reduce debt service coverage for any outstanding revenue bonds that may be secured by a pledge of those cigarette tax revenues, unless the revenue bonds have been discharged in full or provisions have been made for a full discharge.

F. The authority may secure the revenue bonds issued pursuant to this section by a pledge of money in the public project revolving fund with a lien priority on the money in the public project revolving fund as determined by the authority.
N.M. Stat. § 25-7A-18 — NM Code / Chapter 25 / Article 7A / Section 25-7A-18
§ 25-7A-18. Cooperation
Status: in_force

The department may cooperate, receive grants-in-aid and enter into cooperative agreements with any agency of the federal government, of this state or its subdivisions, or with any agency of another state.
N.M. Stat. § 10-14-10 — NM_STATUTES Code / Chapter 10 / Article 14 / Section 10-14-10
§ 10-14-10. Referenda and certification
Status: in_force

A. The governor is empowered to authorize a referendum, and to designate any agency or individual to supervise its conduct, in accordance with the requirements of Section 218(d)(3) of the Social Security Act, 1 on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be excluded from or included under an agreement under this act. The notice of referendum required by Section 218(d)(3)(C) of the Social Security Act 2 to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this act.

B. Upon receiving evidence satisfactory to him that with respect to any such referendum the conditions specified in Section 218(d)(3) of the Social Security Act have been met, the governor or an officer of the state designated by the governor, shall so certify to the secretary of health, education and welfare.
N.M. Stat. § 7-9-77 — NM Code / Chapter 7 / Article 9 / Section 7-9-77
§ 7-9-77. Deductions; compensating tax
Status: in_force

A. Fifty percent of the value of agricultural implements, farm tractors, aircraft not exempted under Section 7-9-30 NMSA 1978 or vehicles that are not required to be registered under the Motor Vehicle Code 1 may be deducted from the value in computing the compensating tax due; provided that, with respect to use of agricultural implements, the person using the property is regularly engaged in the business of farming or ranching. Any deduction allowed under Subsection B of this section is to be taken before the deduction allowed by this subsection is computed. As used in this subsection, “ agricultural implement ” means a tool, utensil or instrument that is:

(1) designed primarily for use with a source of motive power, such as a tractor, in planting, growing, cultivating, harvesting or processing agricultural produce at the place where the produce is grown; in raising poultry or livestock; or in obtaining or processing food or fiber, such as eggs, milk, wool or mohair, from living poultry or livestock at the place where the poultry or livestock are kept for this purpose; and

(2) depreciable for federal income tax purposes.

B. That portion of the value of tangible personal property on which an allowance was granted to the buyer for a trade-in of tangible personal property of the same type that was bought may be deducted from the value in computing the compensating tax due.
N.M. Stat. § 59A-23-21 — NM Code / Chapter 59A / Article 23 / Section 59A-23-21
§ 59A-23-21. Sexually transmitted infection care; cost sharing eliminated
Status: in_force

A. A blanket or group health insurance policy, health care plan or certificate of health insurance that is delivered, issued for delivery or renewed in this state that offers coverage for preventive care or treatment of sexually transmitted infections shall not impose cost sharing on eligible insureds.

B. Pursuant to this section, preventive care or treatment of sexually transmitted infections shall not be conditioned upon the gender identity of the insured.

C. The provisions of Subsection A of this section do not apply to high-deductible health care plans with health savings accounts until an eligible insured's deductible has been met, unless otherwise allowed pursuant to federal law.

D. For the purposes of this section:

(1) “ cost sharing ” means policy deductibles, copayments or coinsurance;

(2) “ preventive care ” means screening, testing, examination or counseling and the administration, dispensing or prescribing of preventive drugs, devices or supplies incidental to the prevention of a sexually transmitted infection;

(3) “ sexually transmitted infection ” means chlamydia, syphilis, gonorrhea, HIV and relevant types of hepatitis, as well as any other sexually transmitted infection regardless of mode of transportation, as designated by rule upon making a finding that the particular sexually transmitted infection is contagious; and

(4) “ treatment ” means medically necessary care for the management of an existing sexually transmitted infection.
N.M. Stat. § 3-11-4 — NM Code / Chapter 3 / Article 11 / Section 3-11-4
§ 3-11-4. Mayor; chief executive officer; powers
Status: in_force

The mayor is the chief executive officer and shall:

A. cause the ordinances and regulations of the municipality to be obeyed;

B. exercise, within the municipality, powers conferred upon sheriffs of counties to suppress disorders and keep the peace; and

C. perform other duties, compatible with his office, which the governing body may require.
N.M. Stat. § 19-4-25 — NM Code / Chapter 19 / Article 4 / Section 19-4-25
§ 19-4-25. Appeals
Status: in_force

Appeals and writs of error shall be allowed and may be taken and prosecuted from the judgments or decrees, or any order of the courts in proceedings under this chapter, to the supreme court, as in other cases.
N.M. Stat. § 74-9-28 — NM Code / Chapter 74 / Article 9 / Section 74-9-28
§ 74-9-28. Prior hearing requirement for all adjudicatory actions
Status: in_force

A. The following adjudicatory actions by the division are subject to prior hearing in accordance with the requirements of Section 29 of the Solid Waste Act, in addition to any specific hearing requirements and procedures under other provisions of that act:

(1) issuance, refusal to issue or modify and revocation of permits for solid waste facilities;

(2) administrative enforcement actions; and

(3) actions on requests for variances and exemptions.

B. In any adjudicatory hearing, the director has and may delegate to the hearing officer the power to issue subpoenas for the attendance and testimony of witnesses and the production of relevant documentary evidence. The subpoenas may be enforced by action brought in the district court for the county in which the hearing is held.
N.M. Stat. § 22-10A-8.1 — NM_STATUTES Code / Chapter 22 / Article 10A / Section 22-10A-8.1
§ 22-10A-8.1. Saving clause
Status: in_force

Persons holding alternative level one special education licenses on July 1, 2022 are not required to apply for a new license.
N.M. Stat. § 74-4C-3 — NM Code / Chapter 74 / Article 4C / Section 74-4C-3
§ 74-4C-3. Definitions
Status: in_force

As used in the Hazardous Waste Feasibility Study Act:

A. “committee” means the radioactive materials committee [radioactive and hazardous materials committee];

B. “division” means the environmental improvement division of the health and environment department [department of environment];

C. “hazardous waste” means garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility or other discarded material, including solid, liquid, semisolid or containing gaseous material resulting from industrial, commercial, mining or agricultural operations, other than waste pesticides disposed of by a farmer pursuant to Section 74-4-3.1 NMSA 1978, or from community activities which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed. The term hazardous waste does not include solid or dissolved material in domestic sewage, or animal excrement in connection with farm, ranch or feedlot operations, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under Section 402 of the Water Pollution Control Act, 1 as amended, as the provisions exist on January 1, 1981; or source, special or byproduct material as defined in the Atomic Energy Act of 1954, 2 as amended, as these definitions exist on January 1, 1981; or any of the following, until the environmental improvement board determines that they are subject to Subtitle C of the Resource Conservation and Recovery Act, as amended ( 42 U.S.C. 6921 et seq. ): drilling fluids, produced waters and other wastes associated with the exploration, development or production of crude oil or natural gas or geothermal energy; any fly ash waste, bottom ash waste, slag waste or flue gas emission control waste generated primarily from the combustion of coal or other fossil fuels; solid waste from the extraction, beneficiation or processing of ores and minerals, including phosphate rock and overburden from the mining of uranium ore; cement kiln dust waste; or pesticide waste disposed of by any farmer from his own use, provided that he triple rinses each emptied pesticide container and disposes of the pesticide residues on his own farm in a manner consistent with the disposal instructions on the pesticide label; and

D. “hazardous waste activity” means the generation, treatment, storage, transportation or disposal of hazardous waste.
N.M. Stat. § 30-37-5 — NM Code / Chapter 30 / Article 37 / Section 30-37-5
§ 30-37-5. Exclusions; defenses
Status: in_force

No person shall be guilty of violating the provisions of this act:

A. where such person had reasonable cause to believe that the minor involved had reached his eighteenth birthday, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor had reached his eighteenth birthday; or

B. if the minor was accompanied by his parent or guardian, or the parent or guardian has in writing waived the application of this act either generally or with reference to the particular transaction; or

C. where such person had reasonable cause to believe that the person was the parent or guardian of the minor; or

D. where such person is a bona fide school, museum or public library, or is acting in his capacity as an employee of such organization, or as a retail outlet affiliated with and serving the educational purposes of such organization.
N.M. Stat. § 9-15-37 — NM_STATUTES Code / Chapter 9 / Article 15 / Section 9-15-37
§ 9-15-37. Short title
Status: in_force

Sections 1 through 5 of this act may be cited as the “Defense Conversion and Technology Act”.
N.M. Stat. § 25-2-20 — NM_STATUTES Code / Chapter 25 / Article 2 / Section 25-2-20
§ 25-2-20. Dairy establishments exempt
Status: in_force

The purposes and provisions of the New Mexico Food Act shall not apply to dairy establishments.
N.M. Stat. § 30-47-5 — NM Code / Chapter 30 / Article 47 / Section 30-47-5
§ 30-47-5. Neglect of a resident; criminal penalties
Status: in_force

A. Whoever commits neglect of a resident that results in no harm to the resident is guilty of a petty misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Subsection B of Section 31-19-1 NMSA 1978 .

B. Whoever commits neglect of a resident that results in physical harm or great psychological harm to the resident is guilty of a fourth degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978 .

C. Whoever commits neglect of a resident that results in great physical harm to the resident is guilty of a third degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978 .

D. Whoever commits neglect of a resident that results in the death of the resident is guilty of a second degree felony and upon conviction shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978 .
N.M. Stat. § 58-22-5 — NM Code / Chapter 58 / Article 22 / Section 58-22-5
§ 58-22-5. Exemption or exception; burden of proof
Status: in_force

In any proceeding under the Escrow Company Act, the burden of proving an exemption or exception from a definition is upon the person claiming it.
N.M. Stat. § 7-35-1 — NM Code / Chapter 7 / Article 35 / Section 7-35-1
§ 7-35-1. Short title
Status: in_force

Articles 35 through 38 of Chapter 7 NMSA 1978 may be cited as the “Property Tax Code”.
N.M. Stat. § 3-51-8 — NM Code / Chapter 3 / Article 51 / Section 3-51-8
§ 3-51-8. Lease of parking facilities
Status: in_force

If a city desires to lease any project acquired by it under the provisions of the Greater Municipality Parking Law it may do so under such procedures as it shall prescribe. The city may accept such lease proposal as it deems to be in the public interest and in furtherance of the purposes of the Greater Municipality Parking Law.
N.M. Stat. § 30-16-21 — NM_STATUTES Code / Chapter 30 / Article 16 / Section 30-16-21
§ 30-16-21. Civil liability of adult shoplifter; penalty
Status: in_force

Any person who has reached the age of majority and who has been convicted of shoplifting under Section 30-16-20 NMSA 1978 , may be civilly liable for the retail value of the merchandise, punitive damages of not less than one hundred dollars ($100) nor more than two hundred fifty dollars ($250), costs of the suit and reasonable attorney's fees. However, the merchant shall not be entitled to recover damages for the retail value of any recovered undamaged merchandise.
N.M. Stat. § 59A-33-2 — NM Code / Chapter 59A / Article 33 / Section 59A-33-2
§ 59A-33-2. Scope of article
Status: in_force

The Workers' Compensation Assigned Risk Pool Law shall apply only as to contracts of workers' compensation insurance. Such contracts shall also be subject to the applicable provisions of Chapter 59A, Article 18 NMSA 1978 .
N.M. Stat. § 9-24-13 — NM Code / Chapter 9 / Article 24 / Section 9-24-13
§ 9-24-13. Public education department
Status: in_force

The public education department shall appoint the secretary of public education or the secretary's designee to serve as a member of the interagency behavioral health purchasing collaborative and shall ensure that any behavioral health services, including mental health and substance abuse services funded, provided, contracted for or approved, are in compliance with the requirements of Section 9-7-6.4 NMSA 1978 .
N.M. Stat. § 6-21-25 — NM Code / Chapter 6 / Article 21 / Section 6-21-25
§ 6-21-25. Limitation of liability
Status: in_force

Neither any member of the authority nor any person acting in its behalf, while acting within the scope of his authority, shall be subject to any personal liability for any action taken or omitted within that scope of authority.
N.M. Stat. § 3-21-1 — NM Code / Chapter 3 / Article 21 / Section 3-21-1
§ 3-21-1. Zoning; authority of county or municipality
Status: in_force

A. For the purpose of promoting health, safety, morals or the general welfare, a county or municipality is a zoning authority and may regulate and restrict within its jurisdiction the:

(1) height, number of stories and size of buildings and other structures;

(2) percentage of a lot that may be occupied;

(3) size of yards, courts and other open space;

(4) density of population; and

(5) location and use of buildings, structures and land for trade, industry, residence or other purposes.

B. The county or municipal zoning authority may:

(1) divide the territory under its jurisdiction into districts of such number, shape, area and form as is necessary to carry out the purposes of Sections 3-21-1 through 3-21-14 NMSA 1978; and

(2) regulate or restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land in each district. All such regulations shall be uniform for each class or kind of buildings within each district, but regulation in one district may differ from regulation in another district.

C. All state-licensed or state-operated community residences for persons with a mental or developmental disability and serving ten or fewer persons may be considered a residential use of property for purposes of zoning and may be permitted use in all districts in which residential uses are permitted generally, including particularly residential zones for single-family dwellings.

D. A board of county commissioners of the county in which the greatest amount of the territory of the petitioning village, community, neighborhood or district lies may declare by ordinance that a village, community, neighborhood or district is a “traditional historic community” upon petition by twenty-five percent or more of the qualified electors of the territory within the village, community, neighborhood or district requesting the designation. The number of qualified electors shall be based on county records as of the date of the last general election.

E. Any village, community, neighborhood or district that is declared a traditional historic community shall be excluded from the extraterritorial zone and extraterritorial zoning authority of any municipality whose extraterritorial zoning authority extends to include all or a portion of the traditional historic community and shall be subject to the zoning jurisdiction of the county in which the greatest portion of the traditional historic community lies.

F. Zoning authorities, including zoning authorities of home rule municipalities, shall accommodate multigenerational housing by creating a mechanism to allow up to two kitchens within a single-family zoning district, such as conditional use permits.

G. For the purpose of this section, “ multigenerational ” means any number of persons related by blood, common ancestry, marriage, guardianship or adoption.
N.M. Stat. § 59A-25-12 — NM Code / Chapter 59A / Article 25 / Section 59A-25-12
§ 59A-25-12. Existing insurance; choice of insurer
Status: in_force

When credit life or credit health insurance is required as additional security for any indebtedness, the debtor shall, upon request to the creditor, have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact such an insurance business in this state. The creditor shall timely inform the debtor in writing of the debtor's rights under this section, in form prescribed or approved by the superintendent.
N.M. Stat. § 23-10-2 — NM_STATUTES Code / Chapter 23 / Article 10 / Section 23-10-2
§ 23-10-2. Certification
Status: in_force

The New Mexico poison and drug information center shall maintain certification by the American association of poison control centers.
N.M. Stat. § 57-5-13 — NM Code / Chapter 57 / Article 5 / Section 57-5-13
§ 57-5-13. Date and place of alternative selections; contracts made outside state unlawful; exception
Status: in_force

In all competitive situations where there is to be an alternative selection of motion pictures by competitive exhibitors, the producer and/or distributor shall set the date for such alternative selection in each competitive situation, and each exhibitor shall be notified simultaneously in writing, by registered mail by the producer and/or distributor. The selection shall take place in the town or city where such competition exists, and it shall be unlawful for any producer, exhibitor or any other person having traveling or district agents, to make or close in any place, other than in New Mexico, any contract for the sale or lease of any motion picture or pictures for any competitive situation in New Mexico, unless all competitive exhibitors mutually agree otherwise in writing.
N.M. Stat. § 14-14A-31 — NM Code / Chapter 14 / Article 14A / Section 14-14A-31
§ 14-14A-31. Uniformity of application and construction
Status: in_force

In applying and construing the Revised Uniform Law on Notarial Acts, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.