FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 69-3-10 — NM Code / Chapter 69 / Article 3 / Section 69-3-10
§ 69-3-10. Boundary posts
Status: in_force

The surface boundaries of mining claims hereafter located shall be marked by four substantial posts or monuments, one at each corner of such claim, so as to distinctly mark the claim on the ground, so that its boundaries can be readily traced, and shall otherwise conform to Section 69-3-1 NMSA 1978 .
N.M. Stat. § 3-41-4 — NM Code / Chapter 3 / Article 41 / Section 3-41-4
§ 3-41-4. Flood control; right of entry; obstructing
Status: in_force

A. An employee or representative of a municipality has free and unobstructed ingress and egress on any land or premise if such ingress or egress is necessary to carry out the provisions of Sections 3-41-1 through 3-41-5 NMSA 1978 , and is not liable for damages because of such entry except for wanton and malicious injury. Any person obstructing such ingress or egress is guilty of a misdemeanor.

B. If the state engineer files a written objection with the governing body, no dike, embankment, dam, ditch, structure or excavation shall be constructed or maintained in any public stream except in a manner approved by the state engineer.
N.M. Stat. § 61-24B-5 — NM Code / Chapter 61 / Article 24B / Section 61-24B-5
§ 61-24B-5. Exemptions
Status: in_force

A. The following shall be exempt from the provisions of the Landscape Architects Act as long as they do not hold themselves out as landscape architects or use the term “landscape architect” without being registered pursuant to the Landscape Architects Act:

(1) landscape architects who are not legal residents of or who have no established place of business in this state who are acting as consulting associates of a landscape architect registered under the provisions of the Landscape Architects Act; provided that the nonresident landscape architect meets equivalent registration qualifications in the landscape architect's own state or country;

(2) landscape architects acting solely as officers or employees of the United States; and

(3) a person making plans for a landscape associated with a single-family residence or a multifamily residential complex of four units or less except when it is part of a larger complex.

B. Nothing in the Landscape Architects Act is intended to limit, interfere with or prevent a professional architect, engineer or land surveyor from engaging in landscape architecture within the limits of the architect's, engineer's or land surveyor's licensure.

C. Nothing in the Landscape Architects Act is intended to limit, interfere with or prevent the landscape architects in training, drafters, students, clerks or superintendents and other employees of registered landscape architects from acting under the instructions, control or supervision of the landscape architect or to prevent the employment of superintendents on the construction, enlargement or alterations of landscape improvements or any appurtenances thereto or to prevent such superintendents from acting under the immediate personal supervision of landscape architects by whom the plans and specifications of any landscape architectural services were prepared.
N.M. Stat. § 1-12-27 — NM Code / Chapter 1 / Article 12 / Section 1-12-27
§ 1-12-27. Conduct of election; arrival of voter after closing time
Status: in_force

Any person who arrives at the polling place after the time provided for closing the polls is not entitled to vote, even though the polls are open when he arrives.
N.M. Stat. § 19-10-52 — NM Code / Chapter 19 / Article 10 / Section 19-10-52
§ 19-10-52. Drainage of state lands by oil or gas wells required to be offset; agreement to compensate state
Status: in_force

In any case where it appears to the commissioner of public lands of the state of New Mexico that lands owned by the state of New Mexico are being drained by an oil or gas well required to be offset under the terms of any oil or gas lease issued by the commissioner of public lands, he is hereby authorized and empowered to enter into agreements whereby the state of New Mexico will be reasonably compensated for such drainage, such agreements to be made with the consent of the owners of the leases affected thereby. The fixed term (primary and secondary terms) of any lease on account of which the compensatory royalty is being paid shall be extended so long as such compensatory royalty agreement is in effect and if drilling operations upon such lease during the effective period of any such agreement result in the production of oil or gas, such lease shall be extended as long thereafter as oil or gas or either of them is being produced from the leased premises.

The nature of the agreement and the method of computing the amount of the compensatory royalty to be paid thereunder shall depend upon the conditions and circumstances involved in the particular case and shall be calculated to give to the state its fair share of the oil or gas being produced from the well or wells on account of which compensatory royalty is to be paid. The owners of any lease on account of which compensatory royalty is being paid shall be relieved of the offset obligation as to the well or wells for which compensatory royalty is being paid during the life of any such agreement.
N.M. Stat. § 25-5-8 — NM Code / Chapter 25 / Article 5 / Section 25-5-8
§ 25-5-8. Inspection by director
Status: in_force

For the purpose of the Flour and Bread Act, the director is authorized to take samples for analysis and to conduct examination and investigations and to enter, at reasonable times, any factory, mill, bakery, warehouse, shop or establishment where flour, white bread or rolls are manufactured, processed, packed, sold or held or any vehicle being used for the transportation thereof and to inspect any such place or vehicle and any flour, white bread or rolls therein and all pertinent equipment, materials, containers and labeling.
N.M. Stat. § 2-8F-45 — NM_STATUTES Code / Chapter 2 / Article 8F / Section 2-8F-45
§ 2-8F-45. Senate district thirty-nine
Status: in_force

Senate district thirty-nine is composed of San Miguel county precincts 13, 18, 20, 22 through 24 and 31; Santa Fe county precincts 12, 14, 17, 62, 65, 70 through 72, 80, 88, 89, 93, 107, 110 through 114, 126, 134, 145, 150, 154, 166 through 168 and 175; Torrance county precincts 1 through 4, 7 through 12, 14 and 16; and Valencia county precincts 16, 24, 28, 30, 38, 47, 49, 50 and 56.
N.M. Stat. § 59A-12E-18 — NM Code / Chapter 59A / Article 12E / Section 59A-12E-18
§ 59A-12E-18. Insolvency
Status: in_force

Upon the insolvency of a non-United-States insurer or reinsurer that provides security to fund its obligations in the United States in accordance with the Credit for Reinsurance Act, the assets representing the security shall be maintained in the United States, and claims shall be filed with and valued by the state insurance commissioner with regulatory oversight, and the assets shall be distributed, in accordance with the insurance laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic United States insurance companies.
N.M. Stat. § 61-14B-18 — NM Code / Chapter 61 / Article 14B / Section 61-14B-18
§ 61-14B-18. Scope of hearing aid dispensing examination
Status: in_force

In preparing the hearing aid dispensing examination, the board shall use tests that demonstrate:

A. knowledge in the fitting and sale of hearing aids, including basic physics of sound, anatomy and physiology of the ear and the function of hearing aids; and

B. proficient use of techniques for the fitting of hearing aids, including:

(1) pure-tone audiometry, including air conduction and bone conduction testing;

(2) live voice or recorded voice speech audiometry, including speech reception threshold and speech recognition score tests;

(3) masking when indicated;

(4) recording and evaluation of audiograms and speech audiometry for determining proper selection, fitting and adjustment of hearing aids;

(5) taking earmold impressions; and

(6) analyzing hearing aid function, modification and general service.
N.M. Stat. § 33-3B-2 — NM Code / Chapter 33 / Article 3B / Section 33-3B-2
§ 33-3B-2. Definitions
Status: in_force

As used in the County Detention Facility Reimbursement Act:

A. “ county detention facility ” means a facility that is owned, operated or under contract of operation by a board of county commissioners and that is used for the incarceration of prisoners charged with or convicted of a violation of local, state, tribal, federal or international law;

B. “ division ” means the local government division of the department of finance and administration;

C. “ dual supervision offender ” means an individual who is serving a probation term and a parole term;

D. “ eligible county ” means a county that provides information to the New Mexico sentencing commission regarding costs incurred by the county for the incarceration of felony offenders;

E. “ felony offender ” means an individual who is convicted of a felony and sentenced to confinement in a correctional facility designated by the corrections department and who:

(1) has been released from confinement and is a dual supervision offender and:

(a) has violated parole or is charged with a parole violation;

(b) has violated probation or is charged with a probation violation; or

(c) while on probation or parole, is charged with a violation of local, state, tribal, federal or international law;

(2) has been released from confinement and is serving a parole term and:

(a) has violated parole or is charged with a parole violation; or

(b) while on parole, is charged with a violation of local, state, tribal, federal or international law; or

(3) is awaiting transportation and commitment to the corrections department following the revocation of parole or a sentencing hearing for a felony conviction; and

F. “ fund ” means the county detention facility reimbursement fund.
N.M. Stat. § 59A-4-20 — NM Code / Chapter 59A / Article 4 / Section 59A-4-20
§ 59A-4-20. Appeal to court
Status: in_force

A. Except in matters arising from Sections 6 and 7 of this 2011 act, a party may appeal from an order of the superintendent made after an informal hearing or an administrative hearing. The appeal shall be taken to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .

B. This section shall not apply as to matters arising pursuant to Chapter 59A, Article 17 NMSA 1978 .
N.M. Stat. § 18-2-2 — NM_STATUTES Code / Chapter 18 / Article 2 / Section 18-2-2
§ 18-2-2. State library commission; duties
Status: in_force

The New Mexico state library commission shall provide advice, upon request, to the state librarian on:

A. matters germane to the powers and duties of the library division or the state library; and

B. any other matters related to libraries.
N.M. Stat. § 10-15-1.1 — NM_STATUTES Code / Chapter 10 / Article 15 / Section 10-15-1.1
§ 10-15-1.1. Short title
Status: in_force

Chapter 10, Article 15 NMSA 1978 may be cited as the “Open Meetings Act”.
N.M. Stat. § 6-24-3 — NM_STATUTES Code / Chapter 6 / Article 24 / Section 6-24-3
§ 6-24-3. Purposes
Status: in_force

The purposes of the New Mexico Lottery Act are to:

A. establish and provide for the conduct of a fair and honest lottery for the entertainment of the public; and

B. provide the maximum amount of revenues, without imposing additional taxes or using other state revenues, for the purpose of providing tuition assistance to resident undergraduates at New Mexico post-secondary educational institutions.
N.M. Stat. § 5-3-6 — NM_STATUTES Code / Chapter 5 / Article 3 / Section 5-3-6
§ 5-3-6. Lease of auditorium by municipality
Status: in_force

That any municipality shall have power to lease any auditorium from the United States of America, the president of the United States of America, the federal emergency administration, the public works administration or such other federal or state agency or agencies as heretofore or may hereafter be designated or created by the United States or the state of New Mexico, and to make contract or contracts of lease with such agencies for the use, occupation and maintenance of such auditorium at such rental and upon such terms and conditions as shall be agreed upon by the parties.
N.M. Stat. § 10-16H-4 — NM Code / Chapter 10 / Article 16H / Section 10-16H-4
§ 10-16H-4. Exemptions
Status: in_force

A. The provisions of the Public Employee Caregiver Leave Act shall not apply to any employment expressly exempted under rules adopted by the state personnel office or any other state agency.

B. Nothing in the Public Employee Caregiver Leave Act shall be construed to invalidate, diminish or otherwise interfere with any collective bargaining agreement, nor shall it be construed to invalidate, diminish or otherwise interfere with any party's power to collectively bargain for a collective bargaining agreement.
N.M. Stat. § 27-11-2 — NM_STATUTES Code / Chapter 27 / Article 11 / Section 27-11-2
§ 27-11-2. Definitions
Status: in_force

As used in the Medicaid Provider and Managed Care Act:

A. “ claim ” means a request for payment for services;

B. “ clean claim ” means a claim for reimbursement that:

(1) contains substantially all the required data elements necessary for accurate adjudication of the claim without the need for additional information from the medicaid provider or subcontractor;

(2) is not materially deficient or improper, including lacking substantiating documentation required by medicaid; and

(3) has no particular or unusual circumstances that require special treatment or that prevent payment from being made in due course on behalf of medicaid;

C. “ credible ” means having indicia of reliability after the state has reviewed all allegations, facts and evidence carefully and acted judiciously on a case-by-case basis;

D. “ credible allegation of fraud ” means an allegation that has been verified by the state from any source, including fraud hotline complaints, claims data mining and provider audits;

E. “ department ” means the human services department [health care authority department];

F. “ fraud ” means any act that constitutes fraud under state or federal law;

G. “ managed care organization ” means a person eligible to enter into risk-based prepaid capitation agreements with the department to provide health care and related services;

H. “ medicaid ” means the medical assistance program established pursuant to Title 19 of the federal Social Security Act 1 and regulations issued pursuant to that act;

I. “ medicaid provider ” means a person that provides medicaid-related services to recipients;

J. “ overpayment ” means an amount paid to a medicaid provider or subcontractor in excess of the medicaid allowable amount, including payment for any claim to which a medicaid provider or subcontractor is not entitled;

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

L. “ recipient ” means a person whom the department has determined to be eligible to receive medicaid-related services;

M. “ secretary ” means the secretary of human services; and

N. “ subcontractor ” means a person that contracts with a medicaid provider or a managed care organization to provide medicaid-related services to recipients.
N.M. Stat. § 7-2-30.4 — NM Code / Chapter 7 / Article 2 / Section 7-2-30.4
§ 7-2-30.4. Optional designation of tax refund contribution; Vietnam veterans memorial
Status: in_force

A. Except as otherwise provided in Subsection C of this section, 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 taxation and revenue 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 veterans' services department for the operation, maintenance and improvement of the Vietnam veterans memorial near Angel Fire, New Mexico. 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:

“Vietnam Veterans Memorial--Check ☐ if you wish to contribute a part or all of your tax refund to the veterans' services department for the operation, maintenance and improvement of the Vietnam Veterans Memorial near Angel Fire, New Mexico. 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. § 4-37-6 — NM Code / Chapter 4 / Article 37 / Section 4-37-6
§ 4-37-6. Voting on proposed county ordinances; majority vote required for passage or repeal
Status: repealed

A. A proposed county ordinance shall be passed only by a majority vote of all the members of the board of county commissioners, and an existing county ordinance shall be amended or repealed in the same manner. Upon a vote of passage, amendment or repeal of any county ordinance, the yeas and nays shall be called and recorded.

B. Within thirty days of the adoption, amendment or repeal of an ordinance or resolution in an H class county, a petition may be presented to the board of county commissioners asking that the measure be submitted to a special election for its adoption or rejection. The petition must be signed by more than fifteen percent of the number of qualified electors who voted at the previous general election. Only qualified electors may sign the petition. Upon the filing of the petition with the board of county commissioners, the ordinance or resolution becomes ineffective and the board shall provide for an election on the measure within sixty days of the filing of the petition. The ballot shall contain the text of the ordinance or resolution in question. Below the text shall be the phrases: “for the measure” and “against the measure” followed by spaces for marking with a cross the phrase desired. The election may be held using voting machines in which case copies of the ordinance or resolution shall be made available at the polls. If a majority of the votes cast favor the measure, it shall take effect immediately. If a majority of the votes cast are against the measure, it shall not take effect.
N.M. Stat. § 9-24-10 — NM Code / Chapter 9 / Article 24 / Section 9-24-10
§ 9-24-10. Organizational units of the department; powers and duties specified by law; access to information
Status: in_force

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any laws as provided in Subsection B of Section 8 of the Public Education Department Act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
N.M. Stat. § 44-1-16 — NM Code / Chapter 44 / Article 1 / Section 44-1-16
§ 44-1-16. When petitioner will be remanded to custody
Status: in_force

The officer shall forthwith remand such party, if it appears that he is detained in custody, either:

A. by virtue of process issued by any court or judge of the United States in a case where such court or judge has exclusive jurisdiction; or

B. by virtue of the final judgment or decree of any competent court, or of any execution issued upon such judgment or decree; or

C. for any contempt, specially and plainly charged in the commitment by some court, officer or body having authority to commit for the contempt so charged; and

D. that the time during which such party may be legally detained has not expired.
N.M. Stat. § 7-1-36 — NM Code / Chapter 7 / Article 1 / Section 7-1-36
§ 7-1-36. Property exempt from levy
Status: in_force

A. There shall be exempt from levy the money or property of a delinquent taxpayer in a total amount or value not in excess of one thousand dollars ($1,000).

B. In addition to the property exempt under Subsection A of this section, there shall also be exempt from levy on an employer of the taxpayer the greater of the following portions of the taxpayer's disposable earnings:

(1) seventy-five percent of the taxpayer's disposable earnings for any pay period; or

(2) an amount each week equal to forty times the minimum wage rate pursuant to Subsection A of Section 50-4-22 NMSA 1978 . The superintendent of regulation and licensing shall provide a table giving equivalent exemptions for pay periods of other than one week.

C. As used in this section, “ disposable earnings ” means that part of a taxpayer's wages or salary remaining after deducting the amounts that are required by law to be withheld.
N.M. Stat. § 59A-43-14 — NM Code / Chapter 59A / Article 43 / Section 59A-43-14
§ 59A-43-14. Appeals
Status: in_force

A. A claimant whose claim is denied in whole or in part by the association may, pursuant to Chapter 59A, Article 43 NMSA 1978 , request the receivership court to review the decision of the association. A request for review shall be filed within thirty days of the denial. The receivership court shall have jurisdiction of all claims and the decision of the court shall be binding on both the claimant and the association.

B. A member insurer may appeal to the superintendent from an action of the board of directors of the association by filing with the superintendent a notice of appeal within thirty days after the action appealed from.

C. A final order of the superintendent on appeal is subject to judicial review by an action in the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 31-26-4 — NM Code / Chapter 31 / Article 26 / Section 31-26-4
§ 31-26-4. Victim's rights
Status: in_force

A victim shall have the right to:

A. be treated with fairness and respect for the victim's dignity and privacy throughout the criminal justice process;

B. timely disposition of the case;

C. be reasonably protected from the accused throughout the criminal justice process;

D. notification of court proceedings;

E. attend all public court proceedings the accused has the right to attend;

F. confer with the prosecution;

G. make a statement to the court at sentencing and at any post-sentencing hearings for the accused;

H. restitution from the person convicted of the criminal offense that caused the victim's loss or injury;

I. information about the conviction, sentencing, imprisonment, escape or release of the accused;

J. have the prosecuting attorney notify the victim's employer, if requested by the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that may necessitate the absence of the victim from work for good cause;

K. promptly receive any property belonging to the victim that is being held for evidentiary purposes by a law enforcement agency or the prosecuting attorney, unless there are compelling evidentiary reasons for retention of the victim's property;

L. be informed by the court at a sentencing proceeding that the offender is eligible to earn meritorious deductions from the offender's sentence and the amount of meritorious deductions that may be earned by the offender; and

M. be notified by the district attorney of the availability of and procedures to apply for crime victims reparation.