FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 1-1-5.2 — NM Code / Chapter 1 / Article 1 / Section 1-1-5.2
§ 1-1-5.2. Definition of a vote; machine-tabulated; hand-tallied; write-in
Status: in_force

A. For a candidate contest or ballot question that is machine-tabulated on a vote tabulation system certified for use in this state, a vote shall be counted if the:

(1) voter's selection of a candidate or answer to a ballot question is indicated in the voting response area of the paper ballot; and

(2) ballot is marked in accordance with the instructions for that ballot type.

B. For a candidate contest or ballot question that is hand-tallied, a vote shall be counted if:

(1) the ballot is marked in accordance with the instructions for that ballot type;

(2) the preferred candidate's name or answer to a ballot question is circled;

(3) there is a distinct marking, such as a cross or check, within the voting response area for the preferred candidate or answer to a ballot question; or

(4) the presiding judge and election judges hand-tallying the ballot unanimously agree that the voter's intent is clearly discernable.

C. For a candidate contest in which there is a declared write-in candidate and a write-in vote is cast, the write-in vote shall be counted if the name is:

(1) the name of a declared write-in candidate for that office and position and is on the proper line provided for a write-in vote for that office and position; and

(2) written as first and last name; first name, middle name or initial and last name; one or two initials and last name; or last name alone if there is no other declared write-in candidate for the office or position that is the same or so similar as to tend to confuse the candidates' identities; provided that:

(a) when the presiding judge and election judges reviewing the write-in vote unanimously agree that the voter's intent is clearly discernable, an abbreviation, misspelling or other minor variation in the form of the name of a declared write-in candidate shall be accepted as a valid vote; and

(b) as used in this subsection, “write-in” and “written” do not include the imprinting of any name by stamp or similar method or device or the use of a stencil or a preprinted sticker or label.
N.M. Stat. § 27-14-13 — NM Code / Chapter 27 / Article 14 / Section 27-14-13
§ 27-14-13. False claims and reporting procedure
Status: in_force

A. A civil action shall be brought within the limitations set forth in Section 37-1-4 NMSA 1978 .

B. In any action brought pursuant to the Medicaid False Claims Act, the department or the person bringing the action shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.

C. Notwithstanding any other provision of law, a final judgment rendered in favor of the department in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty, shall preclude the defendant from denying the essential elements of the offense in any action that involves the same transaction as in the criminal proceeding and that is brought pursuant to the Medicaid False Claims Act.
N.M. Stat. § 59A-42A-3 — NM Code / Chapter 59A / Article 42A / Section 59A-42A-3
§ 59A-42A-3. Provider service networks; insurance code applicability
Status: in_force

A. Except as provided otherwise in this section, a provider service network shall obtain and maintain a certificate of authority under the New Mexico Insurance Code.

B. A provider service network is not required to obtain or maintain a certificate of authority in connection with health care coverage for which the risk of loss is directly and fully underwritten by a health care insurer, subject to any applicable deductible, coinsurance or copayment provisions.

C. A provider service network that obtains and maintains a certificate of authority as a health care insurer may contract directly with government agencies to provide goods and services to persons receiving public assistance, including medicare and medicaid.

D. A provider service network that does not obtain or maintain a certificate of authority as a health care insurer may contract in appropriate circumstances, including membership and participation in the association, directly with government agencies to provide goods and services to persons receiving public assistance, including medicare and medicaid. The contract shall incorporate and be subject to specific financial, quality-of-service and consumer-protection standards that the contracting agency shall specify by regulation.

E. This section does not abrogate any other New Mexico Insurance Code requirements that may be applicable to provider service networks, including requirements relating to third-party administrators and examinations. This section does not bar or restrict the right of a provider service network to obtain and maintain a certificate of authority.
N.M. Stat. § 1-2-23 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-23
§ 1-2-23. Challengers; permitted activities
Status: in_force

A. A challenger, upon presentation of the written appointment to the precinct board, shall be permitted to be present at any time from the time the precinct board convenes at the polling place until the completion of the precinct board's duties after the polls close.

B. A challenger, for the purpose of interposing challenges, may:

(1) view the signature roster or precinct voter list for the purpose of determining whether the challenger desires to interpose a challenge when a signature roster or precinct voter list is used;

(2) view the application to vote form before the voter receives a ballot for the purpose of determining whether the challenger desires to interpose a challenge when an application to vote form is used;

(3) view the signature roster or checklist of voters to determine whether entries are being made in accordance with the Election Code;

(4) view each voting machine before the polls are opened to ensure that the public counter is at zero, that the results tape contains no votes and that there are no voted ballots in the voting machine bins; and

(5) make in any polling place and preserve for future reference written memoranda of any action or omission on the part of any member of the precinct board.
N.M. Stat. § 59A-53-10 — NM Code / Chapter 59A / Article 53 / Section 59A-53-10
§ 59A-53-10. Interest in land for fire stations or substations
Status: reserved

Money distributed from the fire protection fund to a municipality or to a county fire district may be expended or obligated for the construction of buildings for fire stations or substations only if:

A. the municipality or county fire district proposing to expend or obligate for that purpose holds fee simple title, not encumbered by any lien, to the land on which it proposes to construct the building; or

B. the land is donated in whole or in part to the municipality or county fire district for the purpose, and use of fire protection fund money for the construction or location, where the donor has reserved right of reversion of the land under stated conditions, if the use of money is approved by the marshal in advance and after full investigation and determination that the use would be appropriate and reasonable.
N.M. Stat. § 60-13A-2 — NM Code / Chapter 60 / Article 13A / Section 60-13A-2
§ 60-13A-2. Definitions
Status: in_force

As used in the Employee Leasing Act:

A. “ applicant ” means a person applying for registration as an employee leasing contractor;

B. “ client ” means a person who obtains workers through an employee leasing arrangement;

C. “ department ” means the regulation and licensing department;

D. “ employee leasing arrangement ” means any arrangement in which a client contracts with an employee leasing contractor for the contractor to provide leased workers to the client; provided, “employee leasing arrangements” does not include temporary workers;

E. “ employee leasing contractor ” means any person who provides leased workers to a client in New Mexico through an employee leasing arrangement;

F. “ leased worker ” means a worker provided to a client through an employee leasing arrangement; provided that if a worker works and should be classified in any construction class or in any oil and gas well service or drilling class pursuant to provisions of or regulations adopted under the New Mexico Insurance Code, 1 the worker shall be presumed to be a leased worker and the employee leasing contractor that provides the worker shall comply with the provisions of the Employee Leasing Act;

G. “ person ” means an individual or any other legal entity;

H. “ temporary services employer ” means an employing unit that contracts with clients or customers to provide workers to perform services for the client or customer and performs all of the following functions:

(1) negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality and price of the services;

(2) determines assignments of workers, even though workers retain the right to refuse specific assignments;

(3) retains the authority to reassign or refuse to reassign a worker to other clients or customers when a worker is determined unacceptable by a specific client or customer;

(4) assigns the worker to perform services for a client or customer;

(5) sets the rate of pay for the worker, whether or not through negotiation; and

(6) pays the worker directly; and

I. “ temporary worker ” means a worker employed or provided by a temporary services employer to support or supplement another's work force in special work situations, such as employee absences, temporary skill shortages, temporary provision of specialized professional skills, seasonal workloads and special temporary assignments, including the production of motion pictures, television programs and other commercial media projects; provided that if a worker who is employed or provided by a temporary services employer works and should be classified in any construction class or in any oil and gas well service or drilling class pursuant to provisions of or regulations adopted under the New Mexico Insurance Code, the worker shall be presumed to be a temporary worker and the temporary services employer that provides the worker shall comply with the provisions of the Employee Leasing Act.
N.M. Stat. § 3-7-17.1 — NM_STATUTES Code / Chapter 3 / Article 7 / Section 3-7-17.1
§ 3-7-17.1. Annexation; certain municipalities in class A counties; procedures; limitations
Status: in_force

A. A petition seeking the annexation of territory contiguous to a municipality located in a class A county with a population of less than three hundred thousand persons shall be presented to the city council and be accompanied by a map that shows the external boundary of the territory proposed to be annexed and the relationship of the territory proposed to be annexed to the existing boundary of the municipality.

B. If the petition is signed by the owners of a majority of the number of acres in the contiguous territory:

(1) the city council shall submit the petition to the board of county commissioners of the county in which the municipality is located for its review and comment. Any comments shall be submitted by the board of county commissioners to the city council within thirty days of receipt; and

(2) not less than thirty days nor more than sixty days after receiving the petition, the city council shall by ordinance approve or disapprove the annexation after considering any comments submitted by the board of county commissioners.

C. Except as provided in Subsection D of this section, if the petition is not signed by the owners of a majority of the number of acres in the contiguous territory, the extraterritorial land use commission shall consider the matter and make a recommendation to the extraterritorial land use authority. The extraterritorial land use authority shall approve or disapprove the petition. If approved by the extraterritorial land use authority, the city council may by ordinance approve the annexation.

D. When the nonconsenting property owners' properties are entirely surrounded by consenting property owners, the city council may approve the annexation without approval or disapproval of the extraterritorial land use authority.

E. In considering an annexation pursuant to this section, the city council shall consider the impact of the annexation on existing county contracts and provisions of services, including fire protection, solid waste collection or water and sewer service, and may make agreements with the county to continue such services if it is in the interest of the county, the residents of the proposed annexed area or the municipality.

F. A municipality with a population over two hundred thousand persons and located in a class A county shall not force a resident or business located in the unincorporated area of the county to agree to annexation as a condition of extending sewer and water service to that person or business, if that sewer or water service extension is paid for all or in part by federal, state or county money. The municipality may make agreement to annexation a condition of extending sewer and water service if the extension of the service is paid for entirely with municipal money.
N.M. Stat. § 28-7-17 — NM_STATUTES Code / Chapter 28 / Article 7 / Section 28-7-17
§ 28-7-17. Commission for the blind; powers and duties
Status: in_force

The commission for the blind shall:

A. apply for and receive money from any state or federal agency to be used for purposes relating to blindness and receive on behalf of the state any gifts, donations or bequests from any source, to be used in carrying out the commission's duties;

B. maintain a complete register of blind persons domiciled in New Mexico, specifying the nature and cause of blindness, capacity and need for educational or industrial training and other pertinent information;

C. maintain bureaus of information and industrial assistance to help blind persons find employment, train them in work which may be pursued in their own homes and assist them in merchandising and marketing their goods;

D. establish, equip and maintain a center with qualified instructors for vocational, industrial and other training of eligible blind persons. The center shall also provide for orientation and assistance for the adjustment of blind persons;

E. research and study the causes of blindness and its prevention in cooperation with the state or any other entity which the commission deems appropriate;

F. cooperate with appropriate state agencies in the adoption and carrying out of preventive measures relating to blindness;

G. promulgate rules and regulations necessary to effectuate the provisions of the Commission for the Blind Act; and

H. publish an annual report on the activities and services of the commission.
N.M. Stat. § 58-10-94 — NM Code / Chapter 58 / Article 10 / Section 58-10-94
§ 58-10-94. Violation of act; civil penalty
Status: in_force

Any association violating any provision of the Savings and Loan Act or any valid regulation made thereunder may be required by the supervisor to pay a civil penalty of not less than five dollars ($5.00) a day nor more than twenty-five dollars ($25.00) a day to the supervisor for each day after notice of the delinquency by the supervisor. The attorney general may file suit for collection of this penalty upon certification by the supervisor of the failure of the association to remit the penalty assessed by him. The civil penalty imposed by this section does not apply during any period during which the alleged violation is being litigated in a court.
N.M. Stat. § 9-27-9.1 — NM Code / Chapter 9 / Article 27 / Section 9-27-9.1
§ 9-27-9.1. Termination of agency life; delayed repeal
Status: repealed

The information technology commission is terminated July 1, 2017 pursuant to the provisions of the Sunset Act. The commission shall continue to operate according to the provisions of the Department of Information Technology Act until July 1, 2018. Effective July 1, 2018, Section 9-27-9 NMSA 1978 (being Laws 2007, Chapter 290, Section 9, as amended) is repealed.
N.M. Stat. § 70-5-15 — NM Code / Chapter 70 / Article 5 / Section 70-5-15
§ 70-5-15. Finding; record
Status: in_force

At the conclusion of any hearing held to consider a complaint filed against any licensee under the LPG and CNG Act [this article], the commission shall enter its finding and order in writing, and the finding and order shall be recorded in a permanent record to be kept by the division. A copy of the commission's finding and order shall be furnished to the licensee complained of.
N.M. Stat. § 24-1-1 — NM Code / Chapter 24 / Article 1 / Section 24-1-1
§ 24-1-1. Short title
Status: in_force

Chapter 24, Article 1 NMSA 1978 may be cited as the “Public Health Act”.
N.M. Stat. § 61-16-5 — NM Code / Chapter 61 / Article 16 / Section 61-16-5
§ 61-16-5. Sales prohibited without license
Status: in_force

All sales of jewelry by auction within the scope of Chapter 61, Article 16 NMSA 1978 are forbidden unless a license issued pursuant to that article has been obtained and is in effect. No such sales whether licensed or not shall be held or be or remain open for business for a period of more than fifteen consecutive days exclusive of Sundays and legal holidays nor shall any license be granted for a sale of greater duration.
N.M. Stat. § 5-8-5 — NM_STATUTES Code / Chapter 5 / Article 8 / Section 5-8-5
§ 5-8-5. Items not payable by fee
Status: in_force

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

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

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

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

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

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

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

G. libraries, community centers, schools, projects for economic development and employment growth, affordable housing or apparatus and equipment of any kind, except capital improvements defined in Paragraph (3) of Subsection D of Section 2 of the Development Fees Act. 2
N.M. Stat. § 5-1-1 — NM Code / Chapter 5 / Article 1 / Section 5-1-1
§ 5-1-1. Political subdivisions; ambulance service
Status: in_force

A. A municipality or county may:

(1) provide ambulance service to transport sick or injured persons to a place of treatment in the absence of an established ambulance service only as authorized by the department of transportation;

(2) contract with other political subdivisions or with private ambulance services for the operation of its ambulance service;

(3) lease ambulances and other equipment necessary to the operation of its ambulance service;

(4) in the course of its operation of an ambulance service, proceed to the scene of a disaster beyond its subdivision boundaries when requested, providing no local established ambulance service is available or, if one exists, such local ambulance service deems its capacity inadequate or insufficient for emergency transportation of the disaster victims; and

(5) transport sick or injured persons from the subdivision boundaries to any place of treatment.

B. No personal action shall be maintained in any court of this state against any member or officer of a political subdivision for any tort or act done, or attempted to be done, when done by the authority of the political subdivision or in execution of its orders under this section. In all such cases, political subdivisions shall be responsible. Any member or officer of the political subdivision may plead the provisions of this section in bar of such action whether it is now pending or hereafter commenced.
N.M. Stat. § 57-31-4 — NM Code / Chapter 57 / Article 31 / Section 57-31-4
§ 57-31-4. Additional requirements; exception
Status: in_force

A. Recurring payments under a distributed energy generation system lease or purchase agreement shall not begin until the distributed energy generation system is energized and interconnected.

B. The Distributed Generation Disclosure Act does not apply to an individual or company, acting through its officers, employees, brokers or agents, that markets, sells, solicits, negotiates or enters into an agreement for the sale, financing or lease of a distributed energy generation system as part of a transaction involving the sale or transfer of the real property to which the distributed energy generation system is or will be affixed.

C. The Distributed Generation Disclosure Act does not apply to third-party financial institutions that enter into an agreement for the financing of a distributed energy generation system.
N.M. Stat. § 44-5-10 — NM Code / Chapter 44 / Article 5 / Section 44-5-10
§ 44-5-10. Election bets included
Status: in_force

Bets and wagers on an election authorized by the constitution and laws of the United States, or by the laws of this state, are gaming within the meaning of this chapter.
N.M. Stat. § 7-2-30.7 — NM_STATUTES Code / Chapter 7 / Article 2 / Section 7-2-30.7
§ 7-2-30.7. Optional designation of tax refund contribution; equine shelter rescue fund
Status: in_force

A. Any individual whose state income tax liability after application of allowable credits and tax rebates in any year is lower than the amount of money held by the department to the credit of such individual for that tax year may designate any portion of the income tax refund due to the individual to be paid to the equine shelter rescue fund. In the case of a joint return, both individuals must make such a designation.

B. The department shall revise the state income tax form to allow the designation of such contributions in the following form:

“Equine Shelter Rescue Fund--Check [ ] if you wish to contribute a part or all of your tax refund to the equine shelter rescue fund. Enter here $__________ the amount of your contribution.”.

C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act, and any designation made under the provisions of this section to such refunds is void.
N.M. Stat. § 60-2E-6 — NM Code / Chapter 60 / Article 2E / Section 60-2E-6
§ 60-2E-6. Board; meetings; quorum; records
Status: in_force

A. A majority of the qualified membership of the board then in office constitutes a quorum. No action may be taken by the board unless at least three members concur.

B. Written notice of the time and place of each board meeting shall be given to each member of the board at least ten days prior to the meeting.

C. Meetings of the board shall be open and public in accordance with the Open Meetings Act, 1 except that the board may close a meeting to hear confidential security and investigative information and other information made confidential by the provisions of the Gaming Control Act.

D. All proceedings of the board shall be recorded by audiotape or other equivalent verbatim audio recording device.

E. The chairman of the board, the executive director or a majority of the members of the board then in office may call a special meeting of the board upon at least five days' prior written notice to all members of the board and the executive director.
N.M. Stat. § 57-22-1 — NM Code / Chapter 57 / Article 22 / Section 57-22-1
§ 57-22-1. Short title
Status: in_force

Chapter 57, Article 22 NMSA 1978 may be cited as the “Charitable Solicitations Act”.