FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 57-16A-4 — NM Code / Chapter 57 / Article 16A / Section 57-16A-4
§ 57-16A-4. Affirmative defenses
Status: in_force

It shall be an affirmative defense to any claim under the Motor Vehicle Quality Assurance Act that:

A. an alleged nonconformity does not substantially impair the use and market value of the motor vehicle;

B. a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle;

C. a claim by a consumer was not filed in good faith; or

D. any other affirmative defense allowed by law.
N.M. Stat. § 67-3-29 — NM Code / Chapter 67 / Article 3 / Section 67-3-29
§ 67-3-29. Department personnel; county and municipal road technical assistance
Status: in_force

The state transportation commission may establish and maintain within the department qualified technical personnel including engineers, designers and survey crews to assist counties and municipalities in the engineering, design and other technical aspects of county and municipal road projects.
N.M. Stat. § 59A-20-14 — NM Code / Chapter 59A / Article 20 / Section 59A-20-14
§ 59A-20-14. Payment of claims
Status: in_force

There shall be a provision that when a policy shall become a claim by the death of the insured, settlement shall be made upon receipt of due proof of death and, at the insurer's option, surrender of the policy or proof of the interest of the claimant. If an insurer shall specify a particular period prior to the expiration of which settlement shall be made, such period shall not exceed two months from the receipt of such proofs.
N.M. Stat. § 59A-35-17 — NM Code / Chapter 59A / Article 35 / Section 59A-35-17
§ 59A-35-17. Qualifications, procedure for security salesperson license
Status: in_force

A. Applicants for license as securities salesperson shall be qualified as follows:

(1) be an individual not less than twenty-one years of age;

(2) be honest and trustworthy, of good personal and business reputation and financially responsible;

(3) take and pass an examination as given by the superintendent, reasonably testing the knowledge of the applicant of the securities to be sold, the responsibilities of a salesperson relative thereto and competence of the applicant to act as a securities salesperson; and

(4) file with the superintendent along with application for license and thereafter maintain in force while so licensed, a surety bond issued by an authorized surety insurer or deposit of cash or cash-equivalent in lieu of the bond, in reasonable penal sum fixed by the superintendent but not less than ten thousand dollars ($10,000), for protection of the registrant, persons purchasing securities through the salesperson and the state of New Mexico and to assure compliance with law and the applicable regulations of the superintendent.

B. Procedure for application for license, examination of applicant, issuance, terms, duration and suspension or revocation of license and related matters shall be as provided by applicable provisions of Chapter 59A, Article 11 NMSA 1978 . Fee for license and examination shall be as fixed in Section 59A-6-1 NMSA 1978 .

C. This section shall not apply as to securities broker-dealers registered as such under the Securities Exchange Act of 1934, 1 as amended, or as to securities the sale of which is underwritten (other than on a best efforts basis) by such a broker-dealer.
N.M. Stat. § 17-2-9 — NM_STATUTES Code / Chapter 17 / Article 2 / Section 17-2-9
§ 17-2-9. Jurisdiction of magistrate court
Status: in_force

The magistrate court has jurisdiction in all cases arising under Chapter 17 NMSA 1978 and regulations promulgated by the state game commission. In addition to other jurisdiction, a magistrate has jurisdiction over such cases arising in any magistrate district adjoining at any point that in which he serves with the consent of the accused.
N.M. Stat. § 76-6-8 — NM Code / Chapter 76 / Article 6 / Section 76-6-8
§ 76-6-8. Cooperation
Status: in_force

A. The board is authorized to cooperate with any agency of the federal government in such operations and measures as they deem necessary to suppress, control, eradicate, prevent or retard the spread of any plant pest. The board is authorized to expend state funds on federal lands.

B. The board is authorized to cooperate with agencies of adjacent states in such operations and measures as they deem necessary to locate, suppress, control, eradicate, prevent or retard the spread of any pest.
N.M. Stat. § 24-9A-4 — NM_STATUTES Code / Chapter 24 / Article 9A / Section 24-9A-4
§ 24-9A-4. Live-born infant
Status: in_force

A. No live-born infant shall be involved as a subject in any clinical research activity unless the purpose of the activity is to meet the health needs of that particular infant, and the infant will be placed at risk only to the minimum extent necessary to meet such needs or no significant risk to such infant is imposed by the research activity.

B. An activity permitted under Subsection A of this section shall be conducted only if:

(1) the nature of the investigation is such that adults or mentally competent persons would not be suitable subjects; and

(2) the mother or father or the infant's legal guardian is mentally competent and has given his or her informed consent.
N.M. Stat. § 7-9-58 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-58
§ 7-9-58. Deduction; gross receipts tax; feed; fertilizers
Status: in_force

A. Receipts from selling feed for livestock, including the baling wire or twine used to contain the feed, fish raised for human consumption, poultry or animals raised for their hides or pelts and from selling seeds, roots, bulbs, plants, soil conditioners, fertilizers, insecticides, germicides, insects used to control populations of other insects, fungicides or weedicides or water for irrigation purposes may be deducted from gross receipts if the sale is made to a person who states in writing that he is regularly engaged in the business of farming, ranching or raising animals for their hides or pelts.

B. Receipts of auctioneers from selling livestock or other agricultural products at auction may also be deducted from gross receipts.
N.M. Stat. § 28-16B-1 — NM_STATUTES Code / Chapter 28 / Article 16B / Section 28-16B-1
§ 28-16B-1. Short title
Status: in_force

Chapter 28, Article 16B NMSA 1978 may be cited as the “Office of Guardianship Act”.
N.M. Stat. § 9-7-4 — NM_STATUTES Code / Chapter 9 / Article 7 / Section 9-7-4
§ 9-7-4. Department established
Status: in_force

A. There is created in the executive branch the “department of health”. The department shall be a cabinet department and shall include, but not be limited to, the programs and functions of the public health division and the scientific laboratory.

B. All references in the law to the public health division of the health and environment department, the state department of public health, the public health department, the health services division or the state board of health shall be construed as referring to the department.

C. The administrative services division of the department shall provide clerical, recordkeeping and administrative support to the department, including, but not limited to, the areas of personnel, budget, procurement and contracting.

D. The information technology division shall have all those powers and duties conferred upon it by the secretary with the consent of the governor.
N.M. Stat. § 52-6-22 — NM Code / Chapter 52 / Article 6 / Section 52-6-22
§ 52-6-22. Cease and desist orders
Status: in_force

A. After notice and opportunity for a hearing, the director may issue an order requiring a person or group to cease and desist from engaging in an act or practice found to be in violation of any provision of the Group Self-Insurance Act or of any rules or regulations promulgated thereunder.

B. Upon a finding, after notice and opportunity for a hearing, that any person or group has violated any cease and desist order, the director may do either or both of the following:

(1) impose a monetary penalty of not more than ten thousand dollars ($10,000) for each and every act or violation of such order not to exceed an aggregate monetary penalty of one hundred thousand dollars ($100,000); and

(2) revoke the group's certificate of approval or any insurance license held by the person.
N.M. Stat. § 76-12-21 — NM Code / Chapter 76 / Article 12 / Section 76-12-21
§ 76-12-21. Application of general corporation laws
Status: in_force

The provisions of the general business corporation laws of this state and all powers and rights thereunder shall apply to the associations organized hereunder, except where such provisions are inconsistent with the express provisions of this act.
N.M. Stat. § 74-4-9 — NM Code / Chapter 74 / Article 4 / Section 74-4-9
§ 74-4-9. Existing hazardous waste facilities; interim status
Status: in_force

Any person owning or operating a hazardous waste facility who has met the requirements for interim status under 42 U.S.C. 6925 shall be deemed to have interim status under the Hazardous Waste Act.
N.M. Stat. § 29-14-4 — NM Code / Chapter 29 / Article 14 / Section 29-14-4
§ 29-14-4. Investigations of peace officers; requirements
Status: in_force

When any peace officer is under investigation by his employer for alleged actions that could result in administrative sanctions being levied against the officer, the following requirements shall be adhered to:

A. any interrogation of an officer shall be conducted when the officer is on duty or during his normal waking hours, unless the urgency of the investigation requires otherwise;

B. any interrogation of an officer shall be conducted at the employer's facility, unless the urgency of the investigation requires otherwise;

C. prior to commencement of any interrogation session:

(1) an officer shall be informed of the name and rank of the person in charge of the interrogation and all other persons who will be present during the interrogation;

(2) an officer shall be informed of the nature of the investigation, and the names of all known complainants shall be disclosed to the officer unless the chief administrator of the officer's employer determines that the identification of the complainant shall not be disclosed because it is necessary for the protection of an informant or because disclosure would jeopardize or compromise the integrity or security of the investigation; and

(3) a reasonable attempt shall be made to notify the officer's commanding officer of the pending interrogation;

D. during any interrogation session, the following requirements shall be adhered to:

(1) each interrogation session shall not exceed two hours unless the parties mutually consent to continuation of the session;

(2) there shall not be more than two interrogation sessions within a twenty-four hour period, unless the parties mutually consent to additional sessions, provided that there shall be at least a one-hour rest period between the sessions;

(3) the combined duration of an officer's work shift and any interrogation session shall not exceed fourteen hours within a twenty-four hour period, unless the urgency of the investigation requires otherwise;

(4) there shall not be more than two interrogators at any given time;

(5) an officer shall be allowed to attend to physical necessities as they occur in the course of an interrogation session; and

(6) an officer shall not be subjected to offensive language or illegal coercion by his interrogator in the course of an interrogation session;

E. any interrogation of an officer shall be recorded, either mechanically or by a stenographer, and the complete interrogation shall be published as a transcript; provided that any recesses called during the interrogation shall be noted in the transcript; and

F. an accurate copy of the transcript or tape shall be provided to the officer, upon his written request, no later than fifteen working days after the investigation has been completed.
N.M. Stat. § 40-5A-8 — NM Code / Chapter 40 / Article 5A / Section 40-5A-8
§ 40-5A-8. Court orders
Status: in_force

As part of a judgment and order for support, a district court may require the obligor to surrender any license held by him or may refer the matter to the appropriate board for further action.
N.M. Stat. § 1-10-13 — NM_STATUTES Code / Chapter 1 / Article 10 / Section 1-10-13
§ 1-10-13. Ballots; write-in candidates
Status: in_force

When a write-in candidate has been qualified by the proper filing officer pursuant to the Election Code:

A. a space for entering the name of the write-in candidate shall be clearly designated by the use of the heading “Declared Write-in Candidate” after the listing of other candidates for that office; and

B. the write-in candidate's name shall not be pre-printed on the ballot, nor displayed or otherwise provided in any polling place by any election official or member of an election board.
N.M. Stat. § 59A-47-50 — NM Code / Chapter 59A / Article 47 / Section 59A-47-50
§ 59A-47-50. Physical rehabilitation services; limits on cost sharing
Status: in_force

A. An individual or group health care plan that is delivered, issued for delivery or renewed in this state shall not impose a member cost share for physical rehabilitation services that is greater than that for primary care services on a coinsurance percentage basis when coinsurance is applied or on an absolute dollar amount when a copay is applied.

B. As used in this section:

(1) “ physical rehabilitation services ” means services aimed at maximizing an individual's level of function, returning to a prior level of function or maintaining or slowing the decline of function, which services are provided by or under the direction of a licensed physical therapist, occupational therapist or speech therapist; and

(2) “ primary care services ” means the first level of basic or general health care for a person's health needs, including diagnostic and treatment services, initiation of referrals for other health care services and maintenance of the continuity of care when appropriate.
N.M. Stat. § 24-1E-3 — NM Code / Chapter 24 / Article 1E / Section 24-1E-3
§ 24-1E-3. Health facility receiverships authorized; venue
Status: in_force

A. The secretary may file a verified petition in the district court seeking appointment as receiver of a health facility if the facility:

(1) is being operated without a valid license from the division;

(2) will be closed within sixty days and adequate arrangements to relocate its residents have not been submitted to and approved by the secretary;

(3) has been abandoned, its residents have been abandoned or such abandonment is imminent; or

(4) presents a situation, physical condition, practice or method of operation that the secretary finds presents an imminent danger of death or significant mental or physical harm to its residents or other persons.

B. The proceedings shall be governed by, and the receiver's powers and duties shall be as specified in, the Receivership Act, supplemented as provided in the Health Facility Receivership Act.

C. Venue shall be laid in the district court for Santa Fe county or any other county in which the health facility or any of its satellite facilities is located.

D. Service of process shall be made in any manner provided by the Rules of Civil Procedure for the District Courts. If personal service cannot practicably or promptly be made as so provided, service may be made by delivery of the summons with the petition attached to any person in charge of the health facility at the time service is made.

E. The health facility shall file a responsive pleading within ten days after the date service is made or within such time as directed by the district court.
N.M. Stat. § 70-3A-3 — NM Code / Chapter 70 / Article 3A / Section 70-3A-3
§ 70-3A-3. Easement; offer and counterproposal
Status: in_force

A. If an easement is sought to be acquired by a mineral developer for the purpose of constructing a natural gas or petroleum gathering line as defined in Subsection B of Section 70-3-5 NMSA 1978 or an associated disposal line and the mineral developer and the property owner cannot agree concerning the terms, including locations, conditions or compensation for that acquisition, the mineral developer may make a written offer to the property owner to include proposed terms, locations, conditions and compensation for the easement. The offer shall be made by mailing a copy thereof by certified mail, return receipt requested, or by service of a copy thereof in the manner provided by the Rules of Civil Procedure for the District Courts for service of summons and complaint. The offer submitted by the mineral developer shall also include notice of the property owner's duty to submit a counterproposal as provided in Subsection B of this section.

B. Within twenty days after receipt of the mineral developer's offer, the property owner shall submit either a notice of acceptance or a counterproposal to each term, including locations, conditions or compensation, in the offer of the mineral developer. The acceptance or counterproposal shall be made in the same manner as set forth in Subsection A of this section for the delivery of the mineral developer's offer.

C. Except as provided in Subsection D of this section, if the parties are unable to negotiate a settlement, the mineral developer may, after ten days from the date of receipt of the counterproposal by the property owner, petition the district court in the county in which the property is located or any part lies to appoint a hearing officer to review the matters relating to the proposed property acquisition and to have the hearing officer submit a report to the district court.

D. If the property owner does not submit an acceptance or a counterproposal to the mineral developer within the time period specified in Subsection B of this section and the mineral developer has complied with all other provisions of the Gathering Line Land Acquisition Act, the mineral developer may file a copy of the offer submitted to the property owner with the district court and that offer shall be binding on all parties.
N.M. Stat. § 2-1-7 — NM_STATUTES Code / Chapter 2 / Article 1 / Section 2-1-7
§ 2-1-7. Emoluments; increase prohibited
Status: in_force

No law increasing the emoluments for any civil office in the state enacted by the legislature shall be construed to apply or become effective as to any member of the legislature appointed to such office, until one year after expiration of the term for which such person was elected and served if such law was enacted during such term.
N.M. Stat. § 13-1C-1 — NM Code / Chapter 13 / Article 1C / Section 13-1C-1
§ 13-1C-1. Short title
Status: in_force

Sections 1 through 7 of this act may be cited as the “State Use Act”.
N.M. Stat. § 10-7B-4 — NM Code / Chapter 10 / Article 7B / Section 10-7B-4
§ 10-7B-4. Group benefits committee; powers and duties
Status: in_force

The committee shall:

A. review and advise the director on all group benefits coverages, whether insured or self-insured, included or to be included in the state group plan;

B. review and advise the director on all professional, technical or consulting contracts to be entered into in connection with the state group plan;

C. if insurance is to be purchased through negotiation, pursuant to Subparagraph (a) of Paragraph (1) of Subsection D of Section 6 of the Group Benefits Act, review and advise the director as to companies and agents to be selected to submit proposals;

D. review and advise the director on rules and regulations relating to group benefits insurance and self-insurance;

E. review and advise the director on selection of an investment advisor for investments of the group self-insurance fund;

F. review and advise the director on guidelines establishing rates for and methods of rating participating state agencies and local public bodies;

G. perform any other duties and exercise any other powers as provided by law; and

H. review any matters specified in this section, which review by the committee shall preempt such review of such matters previously accorded to the risk management advisory board.
N.M. Stat. § 34-6-38 — NM Code / Chapter 34 / Article 6 / Section 34-6-38
§ 34-6-38. Finance; disposition of unclaimed money
Status: in_force

When money is held in the court clerk trust account and the person entitled to it does not make claim within six years from the date when it became payable, the money is presumed abandoned and shall be disposed of in the manner provided in the Uniform Disposition of Unclaimed Property Act.
N.M. Stat. § 61-12F-2 — NM Code / Chapter 61 / Article 12F / Section 61-12F-2
§ 61-12F-2. Definitions
Status: in_force

As used in the Naprapathic Practice Act:

A. “ board ” means the New Mexico medical board; and

B. “ licensee ” means a person licensed by the board to practice naprapathy.
N.M. Stat. § 17-2-23 — NM Code / Chapter 17 / Article 2 / Section 17-2-23
§ 17-2-23. Reports of seizures and sales
Status: in_force

In all cases the officer making a seizure or sale shall, within ten days thereafter, report all the particulars thereof and an itemized statement of the proceeds, expenses and fees and the disposition thereof, and pay the remainder of the proceeds, if any, to the state treasurer to be by him paid into the game protection fund.
N.M. Stat. § 12-13A-1 — NM Code / Chapter 12 / Article 13A / Section 12-13A-1
§ 12-13A-1. Short title
Status: in_force

This act may be cited as the “New Mexico-Chihuahua Commission Act”.
N.M. Stat. § 33-1-22 — NM Code / Chapter 33 / Article 1 / Section 33-1-22
§ 33-1-22. Correctional facilities; care coordination
Status: in_force

A. A correctional facility shall ensure that each inmate of that correctional facility is screened for mental illness and for habitual substance abuse within thirty days of incarceration in that facility.

B. A correctional facility shall offer a qualifying inmate the opportunity to enroll in medicaid in accordance with the provisions of Section 27-2-12.22 NMSA 1978 .

C. To the extent allowed by federal law or waiver agreement, care coordinators employed by medicaid managed care organizations shall link inmates who are enrolled in a medicaid managed care program to care coordination prior to the inmates' release.

D. The human services department [health care department] shall provide information to correctional facilities seeking medicaid care coordination for qualifying inmates.

E. As used in this section:

(1) “ care coordination ” means an assessment for health risks and the creation of a plan of care to address an individual's comprehensive health needs, including access to physical health care and mental health services; substance use disorder treatment; and transportation services;

(2) “ correctional facility ” means a:

(a) state correctional facility;

(b) privately operated correctional facility;

(c) county jail;

(d) privately operated jail;

(e) detention facility that is operated under the authority of the children, youth and families department and that holds the individual pending a court hearing; or

(f) facility that is operated under the authority of the children, youth and families department and that provides for the care and rehabilitation of an individual who is under eighteen years of age and who has committed an act that would be designated as a crime under the law if committed by an individual who is eighteen years of age or older;

(3) “ medicaid ” means the joint federal-state health coverage program pursuant to Title 19 or Title 21 of the federal Social Security Act and rules promulgated pursuant to that act; and

(4) “ qualifying inmate ” means an inmate who has been identified as currently having a mental illness or a substance use disorder, either through the screening provided pursuant to the provisions of Subsection A of this section or as evidenced in the inmate's medical record.