FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 62-14-8 — NM Code / Chapter 62 / Article 14 / Section 62-14-8
§ 62-14-8. Penalties
Status: in_force

In addition to any other liability imposed by law, an excavator, after a formal hearing and upon a finding, who has failed to comply with Subsection C of Section 62-14-3 NMSA 1978 is subject to an administrative penalty of up to five thousand dollars ($5,000) for a first offense as assessed by the commission. Thereafter, the commission may assess an administrative penalty of up to a maximum of twenty-five thousand dollars ($25,000) for subsequent violations of Subsection C of Section 62-14-3 NMSA 1978 . In addition to any other penalty imposed by law, an operator of underground pipeline facilities or underground utilities, excavator or operator of a one-call notification system, after formal hearing and upon a finding, who has willfully failed to comply with Chapter 62, Article 14 NMSA 1978 shall be subject to an administrative penalty of up to five thousand dollars ($5,000) for a first offense as assessed by the commission. Thereafter, upon finding that a violation of Chapter 62, Article 14 NMSA 1978 has occurred, the commission may, upon consideration of the nature, circumstances, gravity of the violation, history of prior violations, effect on public health, safety or welfare and good faith on the part of the person in attempting to remedy the cause of the violation, assess an administrative penalty up to a maximum of twenty-five thousand dollars ($25,000) per violation consistent with federal law. No offense occurring more than five years prior to the current offense charged shall be considered for any purpose. All actions to recover the penalties provided for in this section shall be brought by the commission. All penalties recovered in any such action shall be paid into the state general fund.
N.M. Stat. § 74-10-31 — NM Code / Chapter 74 / Article 10 / Section 74-10-31
§ 74-10-31. Conduct of election
Status: in_force

Elections for imposition of ad valorem taxes shall be conducted in a manner prescribed by the laws of the state for the conduct of general elections and in accordance with the provisions and procedures outlined in the Solid Waste Authority Act for the election of directors.
N.M. Stat. § 17-4-21 — NM Code / Chapter 17 / Article 4 / Section 17-4-21
§ 17-4-21. Proprietors of licensed private parks and lakes to furnish reports to director
Status: in_force

The proprietor of every private park and lake licensed under the preceding sections shall, whenever required by the warden [director of the department of game and fish], make and send to the warden [director of the department of game and fish] at Santa Fe a report showing as near as practicable the kind, number, age and sex of the game, and the kind and number or weight of the game fish, added and disposed of during the year preceding and on hand at the date of the report.
N.M. Stat. § 24-13-1 — NM Code / Chapter 24 / Article 13 / Section 24-13-1
§ 24-13-1. Burial or cremation of unclaimed decedents
Status: in_force

For the purposes of Chapter 24, Article 13 NMSA 1978 , a dead body that has not been claimed by a friend, relative or other interested person assuming the responsibility for and expense of disposition shall be considered an unclaimed decedent. It is the duty of each county in this state to authorize interment or cremation of an unclaimed decedent. The county shall ensure that the body is buried or cremated no later than thirty days after a determination has been made that the body has not been claimed, but no less than fourteen days after death or discovery of the body. If the body is cremated, the county shall ensure that the cremated remains are retained and stored for at least two years, or one year for eligible veterans who qualify for veteran burial benefits, in a manner that allows for identification of the remains. After the expiration of two years, or one year for eligible veterans who qualify for veteran burial benefits, the cremated remains may be disposed of; provided the county retains a record of the place and manner of disposition for not less than five years after disposition.
N.M. Stat. § 7-16A-13 — NM_STATUTES Code / Chapter 7 / Article 16A / Section 7-16A-13
§ 7-16A-13. Claim for refund or credit of special fuel excise tax paid; on special fuel destroyed by fire, accident or acts of God before retail sale; on special fuel previously received from a source other than a refiner or pipeline terminal
Status: in_force

A. Upon the submission of proof satisfactory to the department, the department shall allow a claim for refund or credit of any special fuel excise tax or special fuel inventory tax paid on special fuel destroyed by fire, accident or acts of God while in the possession of a supplier, bulk storage user or dealer.

B. Upon the submission of proof satisfactory to the department, a rack operator may submit, and the department may allow, a claim for refund of a New Mexico tax paid on special fuel previously received in New Mexico from a source other than a refiner or pipeline terminal in this state and placed in a terminal from which it will be loaded into tank cars, tank trucks, tank wagons or other types of transportation equipment.

C. No person may submit claims for refund pursuant to the provisions of this section more frequently than quarterly. No claim for refund may be submitted or allowed on less than one hundred gallons.

D. The department may prescribe the documents necessary to support a claim for refund pursuant to the provisions of this section.
N.M. Stat. § 22-35-1 — NM Code / Chapter 22 / Article 35 / Section 22-35-1
§ 22-35-1. Short title
Status: in_force

This act may be cited as the “Safe Schools for All Students Act”.
N.M. Stat. § 19-10B-3 — NM Code / Chapter 19 / Article 10B / Section 19-10B-3
§ 19-10B-3. Definitions
Status: in_force

As used in the ONGARD System Development Act:

A. “ONGARD system” means the oil and natural gas administration and revenue data base, a computerized data base system which collects, processes, analyzes and reports all oil and gas data received by the state; and

B. “state trust lands” means those lands described in Article 13, Section 1 of the constitution of New Mexico .
N.M. Stat. § 47-14-8 — NM Code / Chapter 47 / Article 14 / Section 47-14-8
§ 47-14-8. Fee
Status: in_force

A. The board shall establish the fee for appraisal management company registration by rule to cover the cost of the administration of the Appraisal Management Company Registration Act, but in no case shall the fee be more than two thousand dollars ($2,000).

B. Registration fees shall be credited to the appraiser fund pursuant to Section 61-30-18 NMSA 1978 .

C. An appraisal management company that either has registered with the board or operates as a subsidiary of a federally regulated financial institution shall pay to the board an annual registry as determined by the appraisal subcommittee.
N.M. Stat. § 30-31A-6 — NM Code / Chapter 30 / Article 31A / Section 30-31A-6
§ 30-31A-6. Possession with intent to distribute an imitation controlled substance
Status: in_force

It is unlawful for any person intentionally to possess an imitation controlled substance with the intent to distribute. Any person who violates this section is guilty of a fourth degree felony.
N.M. Stat. § 1-17-12 — NM_STATUTES Code / Chapter 1 / Article 17 / Section 1-17-12
§ 1-17-12. Referendum petitions; determination of insufficiency; duty of secretary of state
Status: in_force

A. If the complete referendum petition filed with the secretary of state is found to be insufficient, the secretary of state shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his reasons for so finding.

B. After delivery of such notice of insufficiency, the sponsors shall have thirty days in which:

(1) to solicit and obtain additional signatures;

(2) to submit proof to show that a rejected signature is valid and should be counted; or

(3) to make the petition more definite and certain.

C. Any amendment and correction to the referendum petition shall not materially change the purpose and effect of the petition, and no change shall be made in petition except to correct apparent typographical errors and omissions.

D. If no action is taken as prescribed in Subsection B of this section within the time limit prescribed, the petition for purposes of referral to the people at the general election is void.
N.M. Stat. § 63-9-7 — NM Code / Chapter 63 / Article 9 / Section 63-9-7
§ 63-9-7. Duty to exercise authority; discontinuance
Status: in_force

A. Unless exercised within a period designated by the commission, exclusive of any delay due to the order of any court, authority conferred by a certificate of convenience and necessity issued by the commission shall be void. The beginning of the construction of a plant or system, in good faith, within the time prescribed by the commission and the prosecution of the same with reasonable diligence in proportion to the magnitude of the undertaking, shall constitute an exercise of the authority.

B. The holder of a certificate shall render continuous and adequate service to the public and shall not discontinue, reduce or impair service to a certificated area, or part of a certificated area, except ordinary discontinuance of service for nonpayment of charges, nonuse and similar reasons in the usual course of business, unless and until there shall first have been obtained from the commission a certificate that neither the present nor future public convenience and necessity will be adversely affected thereby; except that the commission may, upon appropriate request being made, authorize temporary or emergency discontinuance, reduction or impairment of service, without regard to the provisions of this section; provided, however, that nothing in this section shall be construed as requiring a certificate from the commission for any installation, replacement or other changes in plant, operation or equipment which will not impair the adequacy or quality of service provided.
N.M. Stat. § 62-1-4 — NM Code / Chapter 62 / Article 1 / Section 62-1-4
§ 62-1-4. Eminent domain; surveys; entry on property; crossing right-of-way of another corporation
Status: in_force

A. Corporations organized pursuant to Section 62-1-1 NMSA 1978 are authorized to enter upon any property belonging to the state or to persons, firms or corporations for the purpose of making surveys and from time to time to appropriate so much of such property, not exceeding a strip one hundred feet wide in any one place, as may be necessary for their purpose. The corporations have the right of access to such property to construct and place their lines, pipes, poles, cables, conduits, towers, stations, fixtures, appliances and other structures and to repair them. If a corporation cannot agree with the owners as to a right-of-way or the compensation for a right-of-way, the corporation may proceed to obtain the right-of-way in the manner provided by law for condemnation of such property. Where it is necessary to cross the right-of-way of another corporation, the crossing shall be effected either by mutual agreement or in the manner now provided by law for the crossing of one railroad by another railroad; provided that the construction of any electric transmission lines crossing the right-of-way of a railroad shall comply with the minimum standards of the national electric safety code. When it is necessary for a corporation to construct any transmission line and associated facilities for the transmission of electrical power requiring a width for right-of-way of greater than one hundred feet, unless that width is agreed to by the parties, the applicant for the right-of-way shall apply to the New Mexico public utility commission as provided in Section 62-9-3.2 NMSA 1978 for a determination of the width necessary for the right-of-way for the transmission line.

B. For the purposes of this section, “corporation” means individuals, firms, partnerships, companies, municipalities, rural electric cooperatives organized under Laws 1937, Chapter 100 or the Rural Electric Cooperative Act, lessees, trustees or receivers appointed by any court.
N.M. Stat. § 30-40-6 — NM Code / Chapter 30 / Article 40 / Section 30-40-6
§ 30-40-6. Failure to reimburse the human services department [health care authority department] upon receipt of third party payment
Status: in_force

A. Failure to reimburse the human services department [health care authority department] upon receipt of third party payment consists of knowing failure by a medicaid provider to reimburse the human services department [health care authority department] or the department's fiscal agent the amount of payment received from the department for services when the provider receives payment for the same services from a third party.

B. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department is two hundred fifty dollars ($250) or less is guilty of a petty misdemeanor.

C. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department is more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500) is guilty of a misdemeanor.

D. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department is more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500) is guilty of a fourth degree felony.

E. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department is more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000) is guilty of a third degree felony.

F. A medicaid provider who commits failure to reimburse the human services department [health care authority department] upon receipt of third party payment when the value of the payment made by the department exceeds twenty thousand dollars ($20,000) is guilty of a second degree felony.
N.M. Stat. § 44-2-14 — NM Code / Chapter 44 / Article 2 / Section 44-2-14
§ 44-2-14. Review of proceedings
Status: in_force

That in all cases of proceedings by mandamus in any district court of this state, the final judgment of the court thereon shall be reviewable by appeal or writ of error in the same manner as now provided by law in other civil cases.
N.M. Stat. § 31-22-16 — NM Code / Chapter 31 / Article 22 / Section 31-22-16
§ 31-22-16. Survival or abatement
Status: in_force

The rights to reparation created by the Crime Victims Reparation Act are personal and shall not survive the death of the victim or dependents entitled thereto; provided that if such death occurs after an application for reparation has been filed with the commission, the proceeding shall not abate, but may be continued by the legal representative of the decedent's estate.
N.M. Stat. § 17-3-33 — NM_STATUTES Code / Chapter 17 / Article 3 / Section 17-3-33
§ 17-3-33. Presumption from possession of game or fish without license; showing license to officer
Status: in_force

The possession of game or fish at any time unaccompanied by a proper and valid license, game tag, certificate or permit or invoice, as provided in Chapter 17 NMSA 1978 , shall be prima facie evidence that such game or fish was unlawfully taken and is unlawfully held in possession, and it shall be the duty of every person having possession or control of game or fish to produce the proper license, game tag, certificate, permit or invoice when one is required by Chapter 17 NMSA 1978 on demand of any officer, and to permit the same to be copied by such officer. Violation of any provision of this section is a misdemeanor and is punishable as provided by Section 17-2-10 NMSA 1978 .
N.M. Stat. § 1-25-9 — NM Code / Chapter 1 / Article 25 / Section 1-25-9
§ 1-25-9. Recall; signatures
Status: in_force

A. No signature may be signed on the petition prior to the initiation date.

B. Signatures are valid for a maximum of ninety days from the date of initiation.

C. Each signer of a recall petition shall sign but one petition for each named official of a local jurisdiction in which the signer is registered to vote.

D. The signature shall not be counted unless the entire line is filled in full and is upon the form prescribed by the Recall Act.

E. A signature shall be counted on a recall petition unless there is evidence presented that the person signing:

(1) is not a registered voter of the local jurisdiction listed on the face sheet of the petition, and in the case of a named official serving in a districted position, is not a registered voter of that district within the local jurisdiction;

(2) has signed more than one recall petition page seeking to recall the same named official or has signed one petition page more than once; or

(3) is not the person whose name appears as a signer of the recall petition.
N.M. Stat. § 19-8-30 — NM Code / Chapter 19 / Article 8 / Section 19-8-30
§ 19-8-30. Area of lease
Status: in_force

Leases issued under the provisions of this act shall cover a specified area conforming to a legal subdivision or subdivisions and shall not exceed sixteen (16) subdivisions, being six hundred and forty acres more or less, all of which shall be contiguous; provided, however, that leases issued in exchange for existing permits as provided by Section Four of this act need not be contiguous if all legal subdivisions be situate and lie within the same township and range.
N.M. Stat. § 6-33-8 — NM_STATUTES Code / Chapter 6 / Article 33 / Section 6-33-8
§ 6-33-8. Proprietary information; confidentiality
Status: in_force

Information obtained by the authority in order to make investments from the venture capital program fund, which information is proprietary, technical, trade secret or business information, shall be confidential and not subject to inspection pursuant to the Inspection of Public Records Act.
N.M. Stat. § 3-21-3.1 — NM_STATUTES Code / Chapter 3 / Article 21 / Section 3-21-3.1
§ 3-21-3.1. Additional procedures for extraterritorial zoning and subdivision regulation
Status: in_force

In addition to the powers authorized in Sections 3-21-2 , 3-21-3 and 3-21-4 NMSA 1978 , any county and any municipality may agree to authorize a joint municipal-county zoning authority to enact ordinances, regulations, or both, relating to approval and regulation of subdivisions within the extraterritorial zoning area as defined by the agreement creating the joint municipal-county zoning authority. Such subdivision ordinances and regulations shall be adopted, amended and enforced pursuant to Sections 3-21-3 and 3-21-4 NMSA 1978 , as appropriate. Such subdivision ordinances and regulations may define “subdivision” in a manner which differs from the definitions set forth in Subsection A of Section 3-20-1 NMSA 1978 and in Subsection I of Section 47-6-2 NMSA 1978 . The joint municipal-county zoning authority may also modify portions of the comprehensive plan, provided that such modifications leave unchanged those portions in the comprehensive plan that are not in the extraterritorial area.
N.M. Stat. § 26-1-5 — NM Code / Chapter 26 / Article 1 / Section 26-1-5
§ 26-1-5. Penalty; exemptions
Status: in_force

No publisher, radio-broadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor or seller of the article to which a false advertisement relates, shall be liable under this section [act] by reason of dissemination by him of such false advertisement, unless he has refused, on the request of the board, to furnish the board the name and post-office address of the manufacturer, packer, distributor, seller or advertising agency, who caused him to disseminate such advertisement.
N.M. Stat. § 21-21M-8 — NM_STATUTES Code / Chapter 21 / Article 21M / Section 21-21M-8
§ 21-21M-8. Report
Status: in_force

A. Each public post-secondary educational institution shall submit an annual students with disabilities scholarship report to the department that includes information required by the department. The department shall submit an annual report to the legislative finance committee and to the legislative education study committee.

B. The department and public post-secondary educational institutions shall cooperate in data collection and data sharing and for other matters necessary to carry out the provisions of the Students with Disabilities Scholarship Act.
N.M. Stat. § 6-21-10 — NM Code / Chapter 6 / Article 21 / Section 6-21-10
§ 6-21-10. Purchases in name of authority; documentation
Status: in_force

A. All tangible and intangible property, real and personal property and securities purchased, held or owned at any time by the authority shall at all times be purchased and held in the name of the authority or may be mortgaged, assigned or otherwise encumbered as security for the repayment of bonds issued by the authority.

B. All securities purchased at any time by the authority, upon delivery to the authority, shall be accompanied by all documentation required by the authority and shall include an approving opinion of recognized bond counsel and certification and guarantee of signatures and disclosure of any pending litigation.
N.M. Stat. § 61-2-9.1 — NM Code / Chapter 61 / Article 2 / Section 61-2-9.1
§ 61-2-9.1. License issued
Status: in_force

Each applicant for a license to practice optometry as provided in Chapter 61, Article 2 NMSA 1978 who successfully passes the examination for licensure, possesses the required educational qualifications and meets other requirements of the Optometry Act or regulations adopted pursuant to that act is entitled to a license that carries with it the title “doctor of optometry”.
N.M. Stat. § 18-7-3.1 — NM Code / Chapter 18 / Article 7 / Section 18-7-3.1
§ 18-7-3.1. Museum admission policy
Status: in_force

The commission shall establish a policy to permit New Mexico residents age sixty years and above to enter all publicly accessible exhibit and program areas, except special exhibits and programs where commissions or royalties are paid by contract, free of charge every Wednesday that is not a holiday that the museum is open.
N.M. Stat. § 1-14-9 — NM Code / Chapter 1 / Article 14 / Section 1-14-9
§ 1-14-9. Impounding ballots; application for court order; deposit required
Status: in_force

A. Upon an order of the district court, ballots may be impounded during the period of time between the completion of the county canvass and the last day to file a candidate contest in that election.

B. Any candidate in an election may petition the district court for an order impounding ballots in one or more precincts or polling places within which the candidate's name appeared on the ballot. The action shall be brought in the district court for the county in which the precincts or polling places are located. The petition shall state what specific items of ballots are requested to be impounded. Upon receipt of the petition, along with a sufficient cash deposit or a sufficient surety bond to cover the costs of each precinct or polling place for which impoundment is demanded, the court shall issue an order of impoundment.

C. Ballots shall be impounded in the county courthouse or secured in the county clerk's office. When impounded ballots are being handled, a county clerk or the clerk's agent shall be present to ensure that all documents are properly catalogued and returned in proper order.

D. The state canvassing board shall determine the estimated actual cost of impoundment per polling place and for mailed ballots no later than March 15 of even-numbered years. The secretary of state shall post the impoundment cost determinations on the secretary of state's website when the state canvassing board issues its cost determinations.