FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 21-16-1 — NM Code / Chapter 21 / Article 16 / Section 21-16-1
§ 21-16-1. Short title
Status: in_force

Chapter 21, Article 16 NMSA 1978 may be cited as the “Technical and Vocational Institute Act”.
N.M. Stat. § 58-9-14 — NM Code / Chapter 58 / Article 9 / Section 58-9-14
§ 58-9-14. Appeals
Status: in_force

A. A person aggrieved by a final order of the director may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .

B. The commencement of proceedings pursuant to Subsection A of this section does not, unless specifically ordered by the court, operate as a stay of the director's order.
N.M. Stat. § 7-1-6.69 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-6.69
§ 7-1-6.69. Distribution; health insurance premium surtax; health care affordability fund
Status: in_force

A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the health care affordability fund in an amount equal to the following amounts of the net receipts attributable to the health insurance premium surtax; provided that if the rate of the health insurance premium surtax is reduced pursuant to Subsection F of Section 7-40-3 NMSA 1978 , no distribution pursuant to this section shall be made:

A. beginning January 1, 2022 and prior to July 1, 2022, fifty-two percent;

B. beginning July 1, 2022 and prior to July 1, 2024, fifty-five percent; and

C. beginning July 1, 2024, thirty percent.
N.M. Stat. § 32A-28-31 — NM Code / Chapter 32A / Article 28 / Section 32A-28-31
§ 32A-28-31. Independent adoptions; pre-placement studies
Status: in_force

To be certified to conduct pre-placement studies for the adoption of an Indian child, a person shall meet the standards adopted by the department.
N.M. Stat. § 59A-40-7 — NM Code / Chapter 59A / Article 40 / Section 59A-40-7
§ 59A-40-7. Examination
Status: in_force

The superintendent may examine at any and all times, at the expense of the insurer, the affairs and conditions and all books and records of the insurer for the purpose of ascertaining its financial condition and solvency, and its compliance with applicable laws of this state and of its home jurisdiction. Any such examination shall be conducted, as far as reasonably possible, in the same manner and subject to the same requirements of the insurer and staff and matters related to the examination, as provided by the Insurance Code as to examination of insurers in general.
N.M. Stat. § 19-7-20 — NM_STATUTES Code / Chapter 19 / Article 7 / Section 19-7-20
§ 19-7-20. Assignment of contracts not in default; certified copy to be filed with commissioner
Status: in_force

Any purchaser of state lands under deferred payment contract, not in default as to any payment, may assign all right, title and interest under any such contract; provided, certified copy of the assignment shall be filed with the commissioner before same shall become effective.
N.M. Stat. § 27-2A-2 — NM_STATUTES Code / Chapter 27 / Article 2A / Section 27-2A-2
§ 27-2A-2. Purpose of act
Status: in_force

The purpose of the Medicaid Estate Recovery Act is to authorize and require the department to seek recovery of medical assistance payments made by the department for certain individuals, under certain circumstances, as provided in Title XIX of the Social Security Act. 1
N.M. Stat. § 47-11-6 — NM Code / Chapter 47 / Article 11 / Section 47-11-6
§ 47-11-6. Prizes
Status: in_force

An advertisement or promotion of a time share which includes the offer of a prize or other inducement shall fully comply with the provisions of the Unfair Practices Act.
N.M. Stat. § 10-16-17 — NM Code / Chapter 10 / Article 16 / Section 10-16-17
§ 10-16-17. Criminal penalties
Status: in_force

Unless specified otherwise in the Governmental Conduct Act, any person who knowingly and willfully violates any of the provisions of that act is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year or both. Nothing in the Governmental Conduct Act shall preclude criminal prosecution for bribery or other provisions of law set forth in the constitution of New Mexico or by statute.
N.M. Stat. § 20-12-33 — NM_STATUTES Code / Chapter 20 / Article 12 / Section 20-12-33
§ 20-12-33. Noncompliance with procedural rules
Status: in_force

Any person subject to Chapter 20 NMSA 1978 who is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under that chapter or who knowingly and intentionally fails to enforce or comply with any provision of that chapter regulating the proceedings before, during or after trial of an accused shall be punished as a court-martial may direct.
N.M. Stat. § 61-23-27.12 — NM Code / Chapter 61 / Article 23 / Section 61-23-27.12
§ 61-23-27.12. Surveying; professional development
Status: in_force

The board shall implement and conduct a professional development program. Compliance and exceptions shall be established by the regulations and rules of procedure of the board.
N.M. Stat. § 73-21-13 — NM Code / Chapter 73 / Article 21 / Section 73-21-13
§ 73-21-13. Meetings
Status: in_force

The board shall meet once each month at a time and place to be designated by the board. Special meetings may be held as often as the needs of the district require on notice to each member of the board. A majority of the board shall constitute a quorum at any meeting. Any vacancy on a board elected by qualified electors of the district shall be filled by the remaining members or member of the board, the appointee to act until the next biennial election when the vacancy shall be filled by election. Any vacancy on a board appointed by a board of county commissioners shall be filled in the same manner as original appointments, in accordance with Section 73-21-15.1 NMSA 1978 , the appointee to act until the end of the term of the member creating the vacancy. If the board or a board of county commissioners fails to fill any vacancy within thirty days after it occurs, the court having jurisdiction shall fill the vacancy.
N.M. Stat. § 42-2-15 — NM Code / Chapter 42 / Article 2 / Section 42-2-15
§ 42-2-15. Verdict and judgment
Status: in_force

Notwithstanding the provisions of the Relocation Assistance Act:

A. for the purposes of assessing compensation and damages, the right thereto shall be deemed to have accrued as of the date the petition is filed, and its actual value on that date shall be the measure of compensation for all property taken, and also the basis of damages for property not taken but injuriously affected in cases where such damages are legally recoverable; the amount of the award shall be determined from the evidence and not be limited to any amount alleged in the petition or set forth in the answer;

B. whenever just compensation shall be ascertained and awarded in such proceeding and established by judgment, the judgment shall include as a part of the just compensation awarded, interest at the rate of six percent a year from the date of the date the petition is filed to the date of payment or the date when the proceedings are finally abandoned;

C. the court shall have the power to direct the payment of delinquent taxes, special assessments and rental or other charges owed out of the amount determined to be just compensation, and to make such orders with respect to encumbrances, liens, rents, insurance and other just and equitable charges; and

D. when two or more estates or divided interests in any tract are the subject of a trial by a jury, and the court has determined that there shall be no division of the causes, the verdict shall be in one sum and shall be the amount of just compensation for the tract affected as of the date of the filing of the petition, and the court shall thereafter proceed to hear and determine the value of the respective interests or ownerships in said tract, and shall apportion the amount of the verdict between the defendants according to their various interests therein.
N.M. Stat. § 9-27-17 — NM Code / Chapter 9 / Article 27 / Section 9-27-17
§ 9-27-17. Exclusion from jurisdiction
Status: in_force

The department of information technology shall not have supervisory control over:

A. the use of radio equipment, except as to the technical requirements of the equipment or unless the equipment is used by one or more agencies, and the department of information technology must determine priority of use;

B. the radio equipment of the department of military affairs, except the department of information technology may maintain all radio equipment owned by the department of military affairs that interfaces with state-owned radio equipment; or

C. unless otherwise directed by the secretary of information technology, radio equipment that is incidental to a system that is primarily a telephone system.
N.M. Stat. § 40-14-6 — NM Code / Chapter 40 / Article 14 / Section 40-14-6
§ 40-14-6. Consent to the adoption
Status: in_force

A. Consent to the adoption shall be required of the adoptee or a person legally authorized to consent on behalf of the adoptee if the adoptee is incapacitated and unable to consent to the adoption.

B. A consent shall be in writing, signed by the adoptee and shall state the following:

(1) the date, place and time of execution;

(2) the date and place of birth of the adoptee and any names by which the adoptee has been known;

(3) the name of the petitioner;

(4) that the adoptee has been advised of the legal consequences of the adoption by independent legal counsel or a judge;

(5) that consent to an adoption cannot be withdrawn;

(6) that the adoptee is voluntarily and unequivocally consenting to the adoption; and

(7) that the adoptee has received or been offered a copy of the consent.

C. In cases when the consent is in English and English is not the first language of the consenting person, the person taking the consent shall certify in writing that the document has been read and explained to the person whose consent is being taken in that person's first language, by whom the document was read and explained and that the meaning and implications of the document are fully understood by the person giving the consent.

D. A consent to adoption shall be signed before and approved by a judge who has jurisdiction over adoption proceedings, within or without this state, and who is in the jurisdiction in which the adoptee or the petitioner resides.

E. The consent shall be filed with the court in which the petition for adoption has been filed before adjudication of the petition.

F. In its discretion, the court may order counseling.

G. A consent to adoption shall not be withdrawn prior to the entry of a decree of adoption unless the court finds, after notice and an opportunity to be heard is given to the petitioner and the adoptee, that the consent was obtained by fraud. In no event shall a consent or relinquishment be withdrawn after the entry of a decree of adoption.
N.M. Stat. § 70-7-14 — NM Code / Chapter 70 / Article 7 / Section 70-7-14
§ 70-7-14. Lien for costs
Status: in_force

Subject to such reasonable limitations as may be set out in the plan of unitization, the unit shall have a first and prior lien upon the leasehold estate and other oil and gas rights (exclusive of a one-eighth royalty interest or exclusive of the interest provided in the unit operating plan which allocates costs, if it is different than one-eighth) in and to each separately owned tract, the interest of the owners thereof in and to the unit production and all equipment in the possession of the unit, to secure the payment of the amount of the unit expense charged to and assessed against such separately owned tract.
N.M. Stat. § 4-62-4 — NM_STATUTES Code / Chapter 4 / Article 62 / Section 4-62-4
§ 4-62-4. Ordinance authorizing revenue bonds; two-thirds majority required; resolution authorizing revenue bonds to be issued and sold to the New Mexico finance authority
Status: in_force

A. At a regular or special meeting called for the purpose of issuing revenue bonds as authorized in Section 4-62-1 NMSA 1978 , the governing body may adopt an ordinance that:

(1) declares the necessity for issuing revenue bonds;

(2) authorizes the issuance of revenue bonds by an affirmative vote of two-thirds of all the members of the governing body; and

(3) designates the source of the pledged revenues.

B. If a majority of a five-member governing body, but fewer than four members, votes in favor of adopting the ordinance authorizing the issuance of revenue bonds, the ordinance is adopted but shall not become effective until the question of issuing the revenue bonds is submitted to a vote of the qualified electors for their approval at a special or regular county election. If an election is necessary, the election shall be conducted in the manner provided in Section 4-49-8 NMSA 1978 . Notice of the election shall be given as provided in Section 4-49-8 NMSA 1978 .

C. In addition and as alternative to adopting an ordinance as required by the provisions of Subsections A and B of this section, at a regular or special meeting called for the purpose of issuing revenue bonds as authorized in Section 4-62-1 NMSA 1978 , the governing body may authorize the issuance and sale, from time to time, of revenue bonds in amounts not to exceed one million dollars ($1,000,000) at any one time to the New Mexico finance authority by adoption of a resolution that:

(1) declares the necessity for issuing and selling revenue bonds to the New Mexico finance authority;

(2) authorizes the issuance and sale of revenue bonds to the New Mexico finance authority by an affirmative vote of a majority of all the members of the governing body; and

(3) designates the source of the pledged revenues.

At the option of the governing body, revenue bonds in an amount in excess of one million dollars ($1,000,000) may be authorized by an ordinance adopted in accordance with Subsections A and B of this section and issued and sold to the New Mexico finance authority.

D. No ordinance or resolution may be adopted under the provisions of this section that uses as pledged revenues the county gross receipts tax for a purpose that would be inconsistent with the purpose for which that county gross receipts tax revenue was dedicated. Any revenue in excess of the amount necessary to meet all annual principal and interest payments and other requirements incident to repayment of the bonds may be transferred to any other fund of the county.
N.M. Stat. § 58-10-73 — NM Code / Chapter 58 / Article 10 / Section 58-10-73
§ 58-10-73. Regulations
Status: in_force

In the exercise of his power to promulgate regulations under the Savings and Loan Act, the supervisor shall act in the interest of promoting and maintaining a sound savings and loan association system, the security of the savings account holders and other customers, the preservation of the liquid position of associations and in the interest of preventing injurious credit expansions and contractions.
N.M. Stat. § 50-8-1 — NM Code / Chapter 50 / Article 8 / Section 50-8-1
§ 50-8-1. Acceptance of federal act
Status: in_force

The state of New Mexico hereby accepts the provisions of the act of congress approved June 6, 1933, entitled:

“An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes.”
N.M. Stat. § 13-4-41 — NM_STATUTES Code / Chapter 13 / Article 4 / Section 13-4-41
§ 13-4-41. Penalties
Status: in_force

A. When a contractor violates any provision of the Subcontractors Fair Practices Act except Section 13-4-34 NMSA 1978 , the using agency shall:

(1) in the case of a contractor who substitutes another subcontractor in violation of Section 13-4-36 NMSA 1978 , for the subcontractor originally included in the bid, assess the contractor a penalty in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor or the difference between the amount bid by the listed subcontractor and the amount bid by the substituted subcontractor;

(2) in the case of a contractor substituting a listed subcontractor for another subcontractor, and the substituted subcontractor knowingly participated in a violation of Section 13-4-36 NMSA 1978 , assess the substituted subcontractor a penalty in an amount equal to the greater of ten percent of the amount bid by the listed subcontractor and the difference between the amount bid by the listed subcontractor and the substituted subcontractor; or

(3) in the case of a contractor who fails to list a subcontractor in excess of the listing threshold as defined in Section 13-4-38 NMSA 1978 , assess the contractor a penalty of eight percent of the amount of the subcontract issued for the first violation and thirty percent of the amount of the subcontract issued for any violation thereafter, on any one project.

B. Penalties assessed pursuant to the provisions of this section shall be deposited into the fund from which the contract was awarded.

C. In a proceeding under this section, the contractor shall be entitled to a hearing after notice.

D. A violation of the provisions of the Subcontractors Fair Practices Act constitutes grounds for disciplinary action against a contractor or a subcontractor, pursuant to regulations of the construction industries division of the regulation and licensing department.

E. A contractor or a subcontractor who attempts to circumvent the provisions of the Subcontractors Fair Practices Act shall be subject to the penalties established pursuant to this section.

F. Any listed subcontractor removed in violation of the Subcontractors Fair Practices Act may bring an action in the district court for damages, injunctive or other relief.
N.M. Stat. § 22-8-14 — NM_STATUTES Code / Chapter 22 / Article 8 / Section 22-8-14
§ 22-8-14. Public school fund
Status: in_force

A. The “public school fund” is created.

B. The public school fund shall be distributed to school districts and state-chartered charter schools in the following parts:

(1) state equalization guarantee distribution;

(2) transportation distribution; and

(3) supplemental distributions:

(a) out-of-state tuition to school districts;

(b) emergency; and

(c) program enrichment.

C. The distributions of the public school fund shall be made by the department within limits established by law. The balance remaining in the public school fund at the end of each fiscal year shall revert to the general fund, unless otherwise provided by law.
N.M. Stat. § 62-10-5 — NM Code / Chapter 62 / Article 10 / Section 62-10-5
§ 62-10-5. Hearings to be public and notice of hearing to be given
Status: in_force

All hearings, and investigations, held or made by the commission, shall be public; and before proceeding to hold any such hearing or make any such investigation, the commission shall give the utility and the complainant at least twenty days' notice of the time and place when and where such matters will be considered and determined, and all parties shall be entitled to be heard, through themselves or their counsel, and shall have process to enforce the attendance of witnesses. At the hearing held pursuant to such notice, the commission may take such testimony as may be offered or as it may desire.
N.M. Stat. § 34-9-20 — NM Code / Chapter 34 / Article 9 / Section 34-9-20
§ 34-9-20. Judge pro tempore fund; created
Status: in_force

The “judge pro tempore fund” is created in the state treasury, to be administered by the administrative office of the courts. The fund shall be used to pay the costs of judges pro tempore. The fund shall consist of appropriations, gifts, grants, donations and bequests made to the fund. Income from the fund shall be credited to the fund. Payments from the judge pro tempore fund shall be made pursuant to vouchers issued and signed by the director of the administrative office of the courts or the director's designee upon warrants drawn by the secretary of finance and administration.
N.M. Stat. § 59A-46-19 — NM Code / Chapter 59A / Article 46 / Section 59A-46-19
§ 59A-46-19. Examinations
Status: in_force

A. The superintendent may make an examination of the affairs of any health maintenance organization and providers with whom such organization has contracts, agreements or other arrangements as often as is reasonably necessary for the protection of the interests of the people of this state but not less frequently than once every three years.

B. The superintendent may make or request the secretary of health to make an examination concerning the quality assurance program of the health maintenance organization and of any providers with whom such organization has contracts, agreements or other arrangements as often as is reasonably necessary for the protection of the interests of the people of this state.

C. Every health maintenance organization and provider shall submit its books and records for such examinations and in every way facilitate the completion of the examination. Medical records of individuals and contract providers shall not be subject to such examination. For the purpose of examinations, the superintendent and the secretary of health may administer oaths to and examine the officers and agents of the health maintenance organization and the principals of such providers concerning their business.

D. The expenses of examinations under this section shall be assessed against the health maintenance organization being examined and remitted to the superintendent.

E. In lieu of such examination, the superintendent may accept the report of an examination made by the superintendent or secretary of health of another state.

F. Examination procedures shall be governed by the applicable provisions of Chapter 59A, Article 4 NMSA 1978 .
N.M. Stat. § 27-2-9 — NM_STATUTES Code / Chapter 27 / Article 2 / Section 27-2-9
§ 27-2-9. Payment for hospital care
Status: in_force

A. Consistent with the federal act, the department shall provide necessary hospital care for recipients of public assistance other than those eligible under the general assistance program authorized by Section 10 of the Public Assistance Act. The rate of payment for in-patient hospital services shall be based either on the reasonable cost or the customary cost of such services, whichever is less. In determining reasonable cost under this section, the board shall adopt regulations establishing a formula consistent with the federal act. The department shall apply that formula to determine the amount to which each hospital is entitled as reimbursement for providing in-patient hospital services.

B. To receive reimbursement for providing in-patient hospital services, a hospital shall file annually with the department such information as the department may reasonably require to determine reasonable costs or the hospital's customary cost of in-patient hospital services.

C. Any hospital entitled to reimbursement for in-patient hospital services shall be entitled to a hearing, pursuant to regulations of the board consistent with applicable state law, if the hospital disagrees with the department's determination of the reimbursement the hospital is to receive.
N.M. Stat. § 17-5-3 — NM Code / Chapter 17 / Article 5 / Section 17-5-3
§ 17-5-3. Seasons; special permits to take animals doing damage
Status: in_force

Fur-bearing animals as defined in Section 17-5-2 NMSA 1978 shall be taken only during the seasons declared by regulation of the state game commission promulgated as provided in Section 17-5-4 NMSA 1978 . The director may, however, issue permits at any time for the taking of fur-bearing animals doing damage to game, private property, poultry or livestock.
N.M. Stat. § 66-3-102 — NM Code / Chapter 66 / Article 3 / Section 66-3-102
§ 66-3-102. Endorsement of assignment and warranty of title
Status: in_force

The owner shall endorse an assignment and warranty of title upon the certificate of title for such vehicle with a statement of all liens or encumbrances thereto, and he shall deliver the certificate of title to the purchaser or transferee at the time of delivering the vehicle.