FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 30-3-5 — NM Code / Chapter 30 / Article 3 / Section 30-3-5
§ 30-3-5. Aggravated battery
Status: in_force

A. Aggravated battery consists of the unlawful touching or application of force to the person of another with intent to injure that person or another.

B. Whoever commits aggravated battery, inflicting an injury to the person which is not likely to cause death or great bodily harm, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the body, is guilty of a misdemeanor.

C. Whoever commits aggravated battery inflicting great bodily harm or does so with a deadly weapon or does so in any manner whereby great bodily harm or death can be inflicted is guilty of a third degree felony.
N.M. Stat. § 3-7-1 — NM Code / Chapter 3 / Article 7 / Section 3-7-1
§ 3-7-1. Methods of annexation
Status: in_force

A. There shall be three methods of annexing territory to a municipality:

(1) the arbitration method as provided in Sections 3-7-5 through 3-7-10 NMSA 1978;

(2) the boundary commission method as provided in Sections 3-7-11 through 3-7-16 NMSA 1978; and

(3) the petition method as provided in Section 3-7-17 NMSA 1978 .

B. Territory may be annexed to a municipality by any one of the three methods of annexation provided for in Sections 3-7-5 through 3-7-18 NMSA 1978 except where limitations of annexation are provided by law. The provisions of this section apply to annexations of all municipalities except those that are otherwise specifically provided by law. The arbitration method of annexation may be used for municipal annexation of a traditional historic community only upon petition of a majority of the qualified electors of the territory within the traditional historic community.
N.M. Stat. § 57-1-2 — NM Code / Chapter 57 / Article 1 / Section 57-1-2
§ 57-1-2. Monopolies
Status: in_force

It is hereby declared to be unlawful for any person to monopolize or attempt to monopolize, or combine or conspire with any other person or persons to monopolize, trade or commerce, any part of which trade or commerce is within this state.
N.M. Stat. § 73-14-15 — NM Code / Chapter 73 / Article 14 / Section 73-14-15
§ 73-14-15. Hearing; declaration of organization; nature of district; contents of decree
Status: in_force

A. In respect to conservancy districts involving surface waters, upon the hearing of the petitions as provided in Section 73-14-8 NMSA 1978 , if it shall appear that a petition for the organization of a district has been signed and presented, as hereinbefore provided, and that the allegations of the petition are true, that the lands described in the petition substantially conform to the requirements of Subsection K of Section 73-14-5 NMSA 1978 , and that no protesting petition has been filed, or if filed has been dismissed, the court shall, by order, adjudicate all questions of jurisdiction, declare the district organized and give it a corporate name by which in all proceedings it shall thereafter be known.

B. Thereupon the district shall be a political subdivision of the state of New Mexico and a body corporate with all the powers of a public or municipal corporation; shall have power to sue and be sued, to incur debts, liabilities and obligations, to exercise the right of eminent domain and of taxation and assessment as herein provided, to issue negotiable bonds and to do and perform all acts herein expressly authorized, and all acts necessary and proper for carrying out the purposes for which the district was created and for exercising the powers with which it is vested.

C. In such decree, the court shall designate the place where the office or principal place of business of the district shall be located, which shall be within the corporate limits of the district, if practicable, and which may be changed by order of the court from time to time. The regular meetings of the board of directors shall be held at such office or place of business, but for cause may be adjourned to any other convenient place. The official records and files of the district shall be kept at the office so established.

D. If the court finds against the prayer of petition, it shall dismiss said proceedings and adjudge the costs against the signers of the petition in such proportions as it shall deem just and equitable.
N.M. Stat. § 32A-4-9 — NM Code / Chapter 32A / Article 4 / Section 32A-4-9
§ 32A-4-9. Indian child placement; preferences
Status: in_force

A. An Indian child accepted for foster care or pre-adoptive placement shall be placed in the least restrictive setting that most closely approximates a family in which his special needs, if any, may be met. The Indian child shall also be placed within reasonable proximity to the Indian child's home, taking into account any special needs of the Indian child. In any foster care or pre-adoptive placement, a preference shall be given, in the absence of good cause to the contrary, to a placement with:

(1) a member of the Indian child's extended family;

(2) a foster care home licensed, approved and specified by the Indian child's tribe;

(3) an Indian foster care home licensed or approved by an authorized non-Indian licensing authority; or

(4) an institution for children approved by the Indian child's tribe or operated by an Indian organization that has a program suitable to meet the Indian child's needs.

B. When the placement preferences set forth in Subsection A of this section are not followed or if the Indian child is placed in an institution, a plan shall be developed to ensure that the Indian child's cultural ties are protected and fostered.
N.M. Stat. § 7-31-6 — NM Code / Chapter 7 / Article 31 / Section 7-31-6
§ 7-31-6. Value may be determined by commission; standard
Status: in_force

The commission may determine the value of products severed from a production unit when:

A. the operator and purchaser are affiliated persons; or when

B. the sale and purchase of products is not an arm's length transaction; or when

C. products are severed and removed from a production unit and a value as defined in this act is not established for such products.

The value determined by the commission shall be commensurate with the actual price received for products of like quality, character and use which are severed in the same field or area.
N.M. Stat. § 70-11-4 — NM Code / Chapter 70 / Article 11 / Section 70-11-4
§ 70-11-4. Duties and general powers
Status: in_force

The director is responsible for the operation of the office of interstate natural gas markets. It is the director's duty to manage all operations of the office and to administer and enforce the provisions of Section 2 of this act and the purposes outlined in Laws 1988, Chapter 27, Section 3.
N.M. Stat. § 1-15-23 — NM Code / Chapter 1 / Article 15 / Section 1-15-23
§ 1-15-23. Expiring term and succeeding term
Status: in_force

If the same individual is a candidate at a general election for both the expiring term and the succeeding term, his name shall appear but once on the ballot, and the name of the office, followed by the words, “full and expiring terms”.
N.M. Stat. § 67-11-5 — NM Code / Chapter 67 / Article 11 / Section 67-11-5
§ 67-11-5. Acquisition of property and property rights
Status: in_force

For the purposes of Chapter 67, Article 11 NMSA 1978 , the state transportation commission alone or in agreement with any county, city, town or village may acquire private or public property and property rights for controlled-access facilities and service roads, including rights of access, air, view and light, by purchase or condemnation in the same manner as such units are authorized by law to acquire such property or property rights in connection with highways and streets within their respective jurisdictions. All property rights acquired under the provisions of Chapter 67, Article 11 NMSA 1978 shall be in fee simple except, in circumstances where fee simple cannot be obtained, an appropriate easement in perpetuity shall be acceptable. In connection with the acquisition of property or property rights for any controlled-access facility or portion thereof or service road in connection therewith, the state transportation commission, alone or in agreement with any county, city, town or village highway authority may, in its discretion, acquire an entire lot, block or tract of land if, by so doing, the interests of the public will be best served even though the entire lot, block or tract is not immediately needed for the right of way proper.
N.M. Stat. § 34-2-17 — NM Code / Chapter 34 / Article 2 / Section 34-2-17
§ 34-2-17. Working interdisciplinary network of guardianship stakeholders; created
Status: in_force

A. The supreme court shall establish the “working interdisciplinary network of guardianship stakeholders” to provide ongoing evaluation of New Mexico laws, services and practices related to adult guardianship and conservatorship.

B. The network shall consist of the following members appointed by the chief justice of the supreme court in a manner that reflects a geographic balance:

(1) one or more members of the judiciary;

(2) the secretary of aging and long-term services or the secretary's designee;

(3) the executive director of the developmental disabilities planning council or the executive director's designee;

(4) the chief executive officer of the interagency behavioral health purchasing collaborative or the chief executive officer's designee;

(5) the state auditor or the state auditor's designee;

(6) the attorney general or the attorney general's designee;

(7) one or more members of the legislature;

(8) the chief executive officer of disability rights New Mexico or the chief executive officer's designee;

(9) a professional guardian;

(10) a professional conservator;

(11) a family guardian;

(12) a family member, who is not a guardian or conservator, of a protected person;

(13) an attorney;

(14) a health care provider with experience in working with patients in need of guardianship;

(15) one or more members of an Indian nation, tribe or pueblo located wholly or partly in New Mexico;

(16) two protected persons;

(17) a representative of the administrative office of the courts;

(18) a representative of the American association of retired persons; and

(19) any other stakeholder the chief justice deems appropriate.

C. The chief justice shall appoint the network chair and an executive committee from the network membership.

D. After the initial appointments, members shall serve staggered four-year terms and may be reappointed. Initial appointments shall be for terms of at least two years.

E. The network shall meet at least four times each year. Members may be reimbursed for travel expenses in accordance with the Per Diem and Mileage Act. The network shall provide reasonable accommodations to make the meetings accessible to its members.
N.M. Stat. § 21-1-27.8 — NM_STATUTES Code / Chapter 21 / Article 1 / Section 21-1-27.8
§ 21-1-27.8. Adult basic education; instructional materials
Status: in_force

The higher education department shall promulgate rules on the purchase and provision of instructional materials for the free use of adult basic education students. The rules shall include:

A. the responsibilities of adult basic education administrative units as agents for the benefit of students entitled to the free use of instructional materials; and

B. inventory and accounting procedures to be followed by the adult basic education administrative units.
N.M. Stat. § 20-12-37 — NM_STATUTES Code / Chapter 20 / Article 12 / Section 20-12-37
§ 20-12-37. Forcing a safeguard
Status: in_force

Any person subject to Chapter 20 NMSA 1978 who forces a safeguard shall suffer death or other punishment as a court-martial may direct.
N.M. Stat. § 66-8-125 — NM Code / Chapter 66 / Article 8 / Section 66-8-125
§ 66-8-125. Arrest without warrant
Status: in_force

A. Members of the New Mexico state police, sheriffs and their salaried deputies and members of any municipal police force, may arrest without warrant any person:

(1) present at the scene of a motor vehicle accident;

(2) on a highway when charged with theft of a motor vehicle; or

(3) charged with crime in another jurisdiction, upon receipt of a message giving the name or a reasonably accurate description of the person wanted, the crime alleged and a statement he is likely to flee the jurisdiction of the state.

B. To arrest without warrant, the arresting officer must have reasonable grounds, based on personal investigation which may include information from eyewitnesses, to believe the person arrested has committed a crime.

C. Members of the New Mexico state police, sheriffs, and their salaried deputies and members of any municipal police force may not make arrest for traffic violations if not in uniform; however, nothing in this section shall be construed to prohibit the arrest, without warrant, by a peace officer of any person when probable cause exists to believe that a felony crime has been committed or in nontraffic cases.
N.M. Stat. § 30-20-14 — NM Code / Chapter 30 / Article 20 / Section 30-20-14
§ 30-20-14. Institutions permitted to adopt rules
Status: in_force

Nothing in this act shall be construed as limiting the power or duty of any institution of higher education to establish standards of conduct and scholastic achievement relevant to its lawful missions, processes and functions and to invoke appropriate discipline for violations of the standards.
N.M. Stat. § 22-15C-10 — NM_STATUTES Code / Chapter 22 / Article 15C / Section 22-15C-10
§ 22-15C-10. Reports; budgets
Status: in_force

A. Annually, the department shall submit a budget for the next fiscal year to the department of finance and administration showing expenditures for school library material to be paid from the fund, including reasonable shipping and handling charges and library material processing expenses.

B. Upon request, the department shall make reports to the public education commission concerning the administration and execution of the School Library Material Act.
N.M. Stat. § 72-19-81 — NM Code / Chapter 72 / Article 19 / Section 72-19-81
§ 72-19-81. Refunding bonds
Status: in_force

Any bonds issued under the Southern Sandoval County Arroyo Flood Control Act may be refunded, without an election, but subject to provisions concerning their payment and to any other contractual limitations in the proceedings authorizing their issuance or otherwise appertaining thereto, pursuant to a resolution or resolutions to be adopted by the board in the manner provided in that act for the issuance of other securities, to refund, pay or discharge all or any part of the authority's outstanding bonds, heretofore or hereafter issued, including any interest thereon in arrears or about to become due, or for the purpose of reducing interest costs or effecting other economies or of modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or any project, or any combination thereof.
N.M. Stat. § 70-10-5 — NM Code / Chapter 70 / Article 10 / Section 70-10-5
§ 70-10-5. Application; penalty
Status: in_force

If a payor fails to make payment to the person entitled to payment within the period provided in Section 70-10-3 NMSA 1978 and after the payor has been furnished with the information required by Section 70-10-3.1 NMSA 1978 , the payor shall pay the person the unpaid amount of the payment and in lieu of the interest provided in Section 70-10-4 NMSA 1978 shall pay interest at the rate of eighteen percent per year on the unpaid balance due, unless payment is excused by the happening of one or more of the following:

A. the payor fails to make payment in good-faith reliance upon a title opinion by a licensed New Mexico attorney making objection to the lack of good and marketable title of record in the party claiming entitlement to payment and furnishes a copy thereof to such party for curative action required thereby;

B. the payor receives information that in his good-faith judgment brings into question the entitlement of the person claiming the right to the payment to receive the payment or that has rendered the marketable title of record unmarketable or that may expose the payor to the risk of multiple liability or liability to third parties if the payment is made;

C. the total amount of oil and gas proceeds in the possession of the payor owed to the owner of the oil and gas proceeds making claim to payment is less than one hundred dollars ($100) at the end of any month; or

D. the party entitled to payment has failed or refused to execute a reasonable division or transfer order acknowledging the proper interest to which he claims to be entitled and setting forth a mailing address to which payment may be directed.
N.M. Stat. § 61-2-4 — NM Code / Chapter 61 / Article 2 / Section 61-2-4
§ 61-2-4. License required
Status: in_force

Unless licensed pursuant to the Optometry Act, or specifically exempted or excluded from the application of all or part of that act, a person shall not:

A. practice optometry;

B. represent himself or offer his services as being able to practice optometry; or

C. duplicate or replace an ophthalmic lens.
N.M. Stat. § 1-12-18 — NM_STATUTES Code / Chapter 1 / Article 12 / Section 1-12-18
§ 1-12-18. Conduct of election; disclosure of vote
Status: in_force

An election official, a member of the precinct board, a watcher or a challenger shall not disclose the name of any candidate for whom any voter has voted.
N.M. Stat. § 74-10-69 — NM Code / Chapter 74 / Article 10 / Section 74-10-69
§ 74-10-69. Sale discount or commission prohibited
Status: in_force

No discount, except as provided by the Solid Waste Authority Act, or commission shall be allowed or paid on or for any security sale to any purchaser or bidder, directly or indirectly, but nothing contained in that act shall be construed as prohibiting the board from employing legal, fiscal, engineering and other expert services in connection with any project or facilities authorized in that act and with the authorization, issuance and sale of securities.
N.M. Stat. § 37-2-5 — NM Code / Chapter 37 / Article 2 / Section 37-2-5
§ 37-2-5. Death or cessation of power; procedure when right of action survives to or against coparty
Status: in_force

Where there are several plaintiffs or defendants in an action, and one of them dies, or his powers as a personal representative cease, if the right of action survives to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers being stated on the record.
N.M. Stat. § 33-2-19 — NM_STATUTES Code / Chapter 33 / Article 2 / Section 33-2-19
§ 33-2-19. What convicts to be confined
Status: in_force

Convicts sentenced to the corrections department for life or any term for which they may be confined in a corrections facility by any court having jurisdiction to try causes under the laws of the United States, held within this state, shall be received into the corrections facility by the secretary of corrections or his designee when delivered by the authority of the United States and shall be kept in the corrections facility in pursuance of their sentences. All persons convicted of any crime where the punishment is imprisonment for a term of one year or more, after accounting for any period of the sentence being suspended or deferred and any credit for presentence confinement, shall be imprisoned in a corrections facility, unless otherwise provided by law, and judgments shall be issued accordingly. All persons convicted of any crime punishable with death who are pardoned on condition of being imprisoned, either for life or a term of years, or whose sentences are commuted for imprisonment for life or a term of years shall be so imprisoned in a corrections facility. All persons imprisoned or confined in a corrections facility shall be subject to its rules and regulations.
N.M. Stat. § 7-9-38.2 — NM Code / Chapter 7 / Article 9 / Section 7-9-38.2
§ 7-9-38.2. Exemption; gross receipts tax; sale of certain telecommunications services
Status: in_force

Exempted from the gross receipts tax are receipts of a home service provider from providing mobile telecommunications services to persons whose place of primary use is outside New Mexico, regardless of where the mobile telecommunications services originate, terminate or pass through. For the purposes of this section, “ home service provider ”, “ mobile telecommunications services ” and “ place of primary use ” have the meanings given in the federal Mobile Telecommunications Sourcing Act. 1
N.M. Stat. § 56-3A-2 — NM Code / Chapter 56 / Article 3A / Section 56-3A-2
§ 56-3A-2. Definitions
Status: in_force

As used in the Fair Credit Reporting and Identity Security Act:

A. “ consumer ” means an individual who is a resident of New Mexico;

B. “ consumer reporting agency ” means any person that, for monetary fees, dues or on a cooperative nonprofit basis, regularly engages in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing credit reports to third parties;

C. “ credit report ” means a written, oral or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living that is used or expected to be used or collected for the purpose of serving as a factor in establishing the consumer's eligibility for credit, insurance, investment, benefit, employment or other purpose as authorized by the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681a ;

D. “ declaration of removal ” means an identity theft report with a sworn affidavit that is delivered by regular or certified mail or facsimile or delivered electronically to a consumer reporting agency that operates within New Mexico and which affidavit states:

(1) that the consumer is entitled to removal of information in the consumer reporting agency's files on grounds that the consumer is the victim of identity theft; and

(2) the address at which the consumer is available for service of process by the consumer reporting agency and proper identifying information by which the consumer can be identified by the consumer reporting agency;

E. “ person ” means an individual, corporation, firm, association, organization, trust, estate, cooperative, business, partnership, limited liability company, joint venture, governmental agency or subdivision or any legal or commercial entity;

F. “ security freeze ” means a notice placed in a consumer's credit report, at the request of the consumer and subject to certain exceptions, that prohibits a consumer reporting agency from releasing the consumer's credit report or score relating to the extension of credit or the opening of new accounts without the express authorization of the consumer; and

G. “ operates within New Mexico ” means accepting or maintaining a credit report on a person that resides within New Mexico.
N.M. Stat. § 73-2-28 — NM Code / Chapter 73 / Article 2 / Section 73-2-28
§ 73-2-28. Acequia and community ditch associations
Status: in_force

Acequia and community ditch associations are political subdivisions of this state. As political subdivisions of the state, acequia and community ditch associations are authorized to receive loans from the interstate stream commission from the New Mexico irrigation works construction fund.