FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 3-38A-2 — NM_STATUTES Code / Chapter 3 / Article 38A / Section 3-38A-2
§ 3-38A-2. Definitions
Status: in_force

As used in the Hospitality Fee Act:

A. “ gross rent ” means the total amount of rent paid for tourist accommodations, not including the state and local option gross receipts taxes paid on the rent receipts;

B. “ municipality ” means a municipality located in a class A county with a population greater than two hundred fifty thousand according to the most recent federal decennial census;

C. “ person ” means a corporation, firm, other body corporate, partnership, association or individual, including an executor, administrator, trustee, receiver or other representative appointed according to law and acting in a representative capacity. “Person” does not include the United States of America; the state of New Mexico; any corporation, department, instrumentality or agency of the federal government or the state government; or any political subdivision of the state;

D. “ proprietor ” means a person who furnishes tourist accommodations to a renter;

E. “ rent ” means the consideration received by a proprietor in money, credits, property or other consideration valued in money from renters for tourist accommodations, other than:

(1) consideration received from a renter who has been a permanent resident of the tourist accommodation for a period of at least thirty consecutive days or a renter who enters into or has entered into a written agreement for rental of the tourist accommodation for a period of at least thirty consecutive days; or

(2) consideration received from a renter for a room or other unit of accommodation for which the renter has paid less than two dollars ($2.00) per day;

F. “ renter ” means a person to whom tourist accommodations are furnished;

G. “ room ” means a room or other unit of accommodation furnished by a proprietor to a renter in a tourist accommodation; and

H. “ tourist accommodation ” means a hotel, apartment, apartment hotel, apartment house, lodge, lodginghouse, rooming house, motor hotel, guest house, guest ranch, ranch resort, guest resort, mobile home, motor court, auto court, auto camp, trailer court, trailer camp, trailer park, tourist camp, cabin or other premises used for accommodation. “Tourist accommodation” does not include:

(1) accommodations at religious, charitable, educational or philanthropic institutions, including summer camps operated by such institutions;

(2) clinics, hospitals or other medical facilities;

(3) privately owned and operated convalescent homes or homes for the aged, infirm, indigent or chronically ill; or

(4) accommodations that do not have at least three rooms or other units of accommodation.
N.M. Stat. § 4-53-5 — NM_STATUTES Code / Chapter 4 / Article 53 / Section 4-53-5
§ 4-53-5. Proposals for creation of special districts
Status: in_force

A. Any proposal for the creation of a special district shall be submitted to the commission prior to any election or court hearing provided in the law authorizing the creation of the special district by those parties authorized by law to initiate proceedings for the creation of a special district.

B. Upon receiving notice of a proposal to create a special district, the commission shall direct the county clerk to give notice of the proposal to create a special district to:

(1) each municipality within twenty miles of the territory of the proposed district;

(2) each special district with boundaries adjacent to the proposed boundaries of the proposed district and which is performing the same type of service that the proposed district would perform; and

(3) the board of county commissioners.

C. At the same time the commission shall cause to be published in a newspaper of general circulation in the county an announcement of its receipt of the proposal, and notice of intention to hold a public hearing on a proposal to create the proposed district, which hearing shall be held not less than twenty nor more than forty days from receipt of the notification of the proposal to create the special district.
N.M. Stat. § 59A-12A-13 — NM Code / Chapter 59A / Article 12A / Section 59A-12A-13
§ 59A-12A-13. Business name
Status: in_force

Each administrator shall transact business under its own name. An administrator shall not do business in this state under a false or misleading name or under a name that is the same as or that closely resembles the name of any other administrator licensed in the state.
N.M. Stat. § 7-4-1 — NM Code / Chapter 7 / Article 4 / Section 7-4-1
§ 7-4-1. Short title
Status: in_force

Chapter 7, Article 4 NMSA 1978 may be cited as the “Uniform Division of Income for Tax Purposes Act”.
N.M. Stat. § 41-4-16 — NM Code / Chapter 41 / Article 4 / Section 41-4-16
§ 41-4-16. Notice of claims
Status: in_force

A. Every person who claims damages from the state or any local public body under the Tort Claims Act shall cause to be presented to the risk management division for claims against the state, the mayor of the municipality for claims against the municipality, the superintendent of the school district for claims against the school district, the county clerk of a county for claims against the county, or to the administrative head of any other local public body for claims against such local public body, within ninety days after an occurrence giving rise to a claim for which immunity has been waived under the Tort Claims Act, a written notice stating the time, place and circumstances of the loss or injury.

B. No suit or action for which immunity has been waived under the Tort Claims Act shall be maintained and no court shall have jurisdiction to consider any suit or action against the state or any local public body unless notice has been given as required by this section, or unless the governmental entity had actual notice of the occurrence. The time for giving notice does not include the time, not exceeding ninety days, during which the injured person is incapacitated from giving the notice by reason of injury.

C. When a claim for which immunity has been waived under the Tort Claims Act is one for wrongful death, the required notice may be presented by, or on behalf of, the personal representative of the deceased person or any person claiming benefits of the proceeds of a wrongful death action, or the consular officer of a foreign country of which the deceased was a citizen, within six months after the date of the occurrence of the injury which resulted in the death; but if the person for whose death the claim is made has presented a notice that would have been sufficient had he lived, an action for wrongful death may be brought without any additional notice.
N.M. Stat. § 12-13B-1 — NM Code / Chapter 12 / Article 13B / Section 12-13B-1
§ 12-13B-1. Short title
Status: in_force

This act may be cited as the “New Mexico-Sonora Commission Act”.
N.M. Stat. § 22-23C-2 — NM Code / Chapter 22 / Article 23C / Section 22-23C-2
§ 22-23C-2. Definitions
Status: in_force

As used in the Black Education Act:

A. “ council ” means the Black education advisory council; and

B. “ liaison ” means the Black education liaison.
N.M. Stat. § 14-14A-16 — NM_STATUTES Code / Chapter 14 / Article 14A / Section 14-14A-16
§ 14-14A-16. Official stamp
Status: in_force

The official stamp of a notarial officer shall:

A. include the notarial officer's name, New Mexico state bar identification number if the notary public is licensed to practice law, judicial district or area served if the notarial officer is a judge, court clerk or deputy court clerk, county if the notarial officer is a county clerk or deputy county clerk or notary public commission number and date of commission expiration, the notarial officer's official notary seal and other information required by the secretary of state;

B. be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated; and

C. be filed with the secretary of state before the notarial officer performs the notarial officer's initial notarial act.
N.M. Stat. § 34-9-7 — NM Code / Chapter 34 / Article 9 / Section 34-9-7
§ 34-9-7. Courts defined
Status: in_force

As used with reference to the duties of the director of the administrative office of the courts the word “courts” includes the supreme court, the court of appeals, the district courts, the children's and family court divisions of the district courts, the probate courts and the magistrate courts.
N.M. Stat. § 2-3-4 — NM_STATUTES Code / Chapter 2 / Article 3 / Section 2-3-4
§ 2-3-4. Control of building housing legislature, adjacent utility plant and surrounding grounds
Status: in_force

Notwithstanding the provisions of Chapter 6, Articles 1 and 2, NMSA 1953 , the exclusive control, care, custody and maintenance of the building in which the legislature is housed, the adjacent utilities plant and the surrounding grounds are transferred from the capitol buildings improvement commission, and the capitol custodian commission, to the legislative council.
N.M. Stat. § 10-14-11 — NM_STATUTES Code / Chapter 10 / Article 14 / Section 10-14-11
§ 10-14-11. Social security referendum
Status: in_force

A referendum for or against participation in the federal old age and survivors insurance embodied in the federal Social Security Act 1 shall be conducted for the employees of a general hospital, or outpatient clinics thereof, operated by a state educational institution named in Article 12, Section 11 of the constitution of New Mexico , if required by federal or state law.
N.M. Stat. § 73-27-1 — NM Code / Chapter 73 / Article 27 / Section 73-27-1
§ 73-27-1. Short title
Status: in_force

This act may be cited as the “Eastern New Mexico Water Utility Authority Act”.
N.M. Stat. § 47-7-22 — NM Code / Chapter 47 / Article 7 / Section 47-7-22
§ 47-7-22. Waiver of use of common areas and facilities; abandonment of unit
Status: in_force

No unit owner may exempt himself from liability for his contribution toward the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his unit.
N.M. Stat. § 1-6C-5 — NM_STATUTES Code / Chapter 1 / Article 6C / Section 1-6C-5
§ 1-6C-5. Random identifier and verification code
Status: in_force

A. Prior to each election, the administrator shall assign to each voter-participant eligible to vote in that election a random identifier and a verification code for use in that election only.

B. In the mailed absentee ballot or mailed ballot process, the random identifier shall be used in place of the voter-participant's required voter identification and the verification code shall be used in place of the voter-participant's signature.

C. At the same time a ballot is mailed to a voter-participant, the administrator shall separately send the voter-participant the verification code assigned to the voter-participant for that election, along with instructions to place the verification code where a voter normally provides a signature under the privacy flap of a mailed absentee ballot or mailed ballot.
N.M. Stat. § 19-4-34 — NM_STATUTES Code / Chapter 19 / Article 4 / Section 19-4-34
§ 19-4-34. Claimant failing to pay costs and fees
Status: in_force

Each and every person, association and company of persons, who shall be entitled to any lots, pieces or parcels of land so held in trust by the authorities of any incorporated town, and respecting which there shall be no controversy, shall, within three months after the expiration of the time for filing statements, as provided in Section 19-4-10 NMSA 1978 , pay to such corporate authorities the sum of money chargeable upon such piece or parcel of land, and the fees for executing a deed therefor. And in case of failure so to do, such person or persons shall be deemed to have relinquished all right, title, interest or estate thereto, and such corporate authorities shall thereafter be, and deemed to be, seized of the title thereto in fee simple, absolute, free and discharged of such trust, and no conveyance, other than the receipt of the United States land office or patent of the lands including the same shall be necessary to perfect their title thereto, and also all persons, company or association of persons, who, by the determination and judgment of the court, shall be adjudged to have the rightful title to such lands, shall within three months of such adjudication and judgment, pay to such corporate authorities the sum of money chargeable to such lands, together with the fees for executing a deed to the same; and in case of failure so to do, such person, company or association, shall be deemed to have relinquished all right, title, interest or estate, in said lands, and such corporate authorities shall be, and deemed to be, seized and possessed of the title thereto to their own use in fee simple, absolute and no further conveyance shall be necessary to perfect their absolute title thereto.
N.M. Stat. § 58-10-99 — NM Code / Chapter 58 / Article 10 / Section 58-10-99
§ 58-10-99. Conversion into state chartered association
Status: in_force

Any federal association may convert itself into an association under the Savings and Loan Act upon a vote of fifty-one percent or more of the votes of members of the federal association cast at an annual meeting or at a special meeting called for the purpose. Copies of the minutes of the proceedings of the meetings, verified by the affidavit of the secretary or an assistant secretary, shall be filed with the supervisor and mailed to the federal home loan bank board, Washington, D.C., within ten days after the meeting. When filed, these verified copies of the minutes shall be presumptive evidence of the holding and action of the meeting. At the meeting at which conversion is voted upon, the members shall also vote upon the directors to be directors of the association after conversion takes effect. Such directors then shall execute four copies of the petition for certificate of incorporation and four copies of the bylaws provided for in the Savings and Loan Act. The supervisor shall insert in the certificate of incorporation a statement that “This association is incorporated by conversion from a federal association.” Each of the directors chosen for the association shall sign and acknowledge the petition for certificate of incorporation as subscribers thereto and the proposed bylaws as incorporators of the association. All provisions of the Savings and Loan Act, so far as applicable, apply to conversion under this section. The supervisor may provide by regulation for the procedure to be followed by any federal association converting into an association. All provisions regarding property and other rights prescribed in the case of conversion of an association into a federal association apply in reverse order to the conversion of a federal association into an association so that the association is a continuation of the corporate entity of the converting federal association and continues to have all of its property and rights.
N.M. Stat. § 74-6-13 — NM Code / Chapter 74 / Article 6 / Section 74-6-13
§ 74-6-13. Construction
Status: in_force

The Water Quality Act provides additional and cumulative remedies to prevent, abate and control water pollution, and nothing abridges or alters rights of action or remedies in equity under the common law or statutory law, criminal or civil. No provision of the Water Quality Act or any act done by virtue thereof estops the state or any political subdivision or person as owner of water rights or otherwise, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
N.M. Stat. § 7-9-71 — NM Code / Chapter 7 / Article 9 / Section 7-9-71
§ 7-9-71. Deduction; gross receipts tax; trade-in allowance
Status: in_force

That portion of the receipts of a seller that is represented by a trade-in of tangible personal property of the same type being sold, except for the receipts represented by a trade-in of a manufactured home, may be deducted from gross receipts.
N.M. Stat. § 12-6-11 — NM_STATUTES Code / Chapter 12 / Article 6 / Section 12-6-11
§ 12-6-11. Oaths; subpoenas
Status: in_force

A. Oaths may be administered by the state auditor when necessary for an audit or examination.

B. When necessary for an audit or examination, the state auditor may apply to the district court of Santa Fe county for issuance of a subpoena to compel the attendance of witnesses and the production of books and records. Process under this section shall be served by any sheriff or deputy or by any member of the New Mexico state police without cost. Witnesses not then employed by an agency who are subpoenaed to appear shall receive the same compensation as that provided for witnesses subpoenaed before the district court, paid by the state auditor.

C. Any person subpoenaed under this section who fails to appear, refuses to testify or fails to produce the required books or records is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
N.M. Stat. § 6-25-5 — NM_STATUTES Code / Chapter 6 / Article 25 / Section 6-25-5
§ 6-25-5. Additional duties of the economic development department and the New Mexico finance authority; opt-in agreements
Status: in_force

A. For the purpose of recommending projects to the authority for financing assistance, the department and the authority shall coordinate to:

(1) survey potential eligible entities and projects and provide outreach services to local governments and eligible entities, for the purpose of identifying and recommending projects to the authority for financing assistance;

(2) evaluate potential projects for suitability for financing assistance;

(3) formulate recommendations of projects that are suitable for financing assistance; and

(4) obtain input and information relevant to the establishment and implementation of criteria for evaluating potential projects.

B. The department, with such staffing and other assistance from the authority as the department may request, shall propose to enter into opt-in agreements with counties, school districts and municipalities for the purpose of facilitating local government approvals necessary to permit projects to proceed. Opt-in agreements shall provide:

(1) for project compliance with all applicable local land use regulations;

(2) for payments in lieu of taxes to qualifying counties, school districts and, if applicable, qualifying municipalities to mitigate the tax impact of a project;

(3) that financing assistance is conditioned upon compliance with:

(a) all applicable ordinances, regulations and codes of a local government concerning planning, zoning and development permitting; and

(b) such other requirements as the department and the county, school district and municipality may agree to include;

(4) that the payments in lieu of taxes shall be distributed in a manner and in amounts calculated in accordance with the provisions of Section 6-25-14 NMSA 1978; and

(5) that the county, school district or municipality reserves the right to withdraw from the agreement if it determines that the project subject to the agreement does not satisfy the requirements enumerated in the opt-in agreement.

C. The department shall adopt rules for the exercise of its powers and responsibilities pursuant to the Statewide Economic Development Finance Act.
N.M. Stat. § 30-19-2 — NM Code / Chapter 30 / Article 19 / Section 30-19-2
§ 30-19-2. Gambling
Status: in_force

Gambling consists of:

A. making a bet;

B. entering or remaining in a gambling place with intent to make a bet, to participate in a lottery or to play a gambling device;

C. conducting a lottery; or

D. possessing facilities with intent to conduct a lottery.

Whoever commits gambling is guilty of a petty misdemeanor.
N.M. Stat. § 30-13-1 — NM_STATUTES Code / Chapter 30 / Article 13 / Section 30-13-1
§ 30-13-1. Disturbing lawful assembly
Status: in_force

Disturbing lawful assembly consists of:

A. disturbing any religious society or any member thereof when assembled or collected together in public worship; or

B. disturbing any meeting of the people assembled for any legal object.

Whoever commits disturbing lawful assembly is guilty of a petty misdemeanor.
N.M. Stat. § 32A-1-8 — NM_STATUTES Code / Chapter 32A / Article 1 / Section 32A-1-8
§ 32A-1-8. Jurisdiction of the court; tribal court jurisdiction; exception
Status: in_force

A. The court has exclusive original jurisdiction of all proceedings under the Children's Code in which a person is eighteen years of age or older and was a child at the time the alleged act in question was committed or is a child alleged to be:

(1) a delinquent child;

(2) a child of a family in need of court-ordered services or a child in need of services pursuant to the Family in Need of Court-Ordered Services Act;

(3) a neglected child;

(4) an abused child;

(5) a child subject to adoption; or

(6) a child subject to placement for a developmental disability or a mental disorder.

B. The court has exclusive original jurisdiction to emancipate a minor.

C. The provisions of the Indian Family Protection Act govern child custody proceedings involving Indian children. To the extent the provisions of the Indian Family Protection Act conflict with the Children's Code, the provisions of the Indian Family Protection Act shall apply.

D. During abuse or neglect proceedings in which New Mexico is the home state, pursuant to the provisions of the Uniform Child-Custody Jurisdiction and Enforcement Act, the court shall have jurisdiction over both parents to determine the best interest of the child and to decide all matters incident to the court proceedings.

E. The court may acquire jurisdiction over a Motor Vehicle Code or municipal traffic code violation as set forth in Section 32A-2-29 NMSA 1978 .
N.M. Stat. § 5-17-11 — NM_STATUTES Code / Chapter 5 / Article 17 / Section 5-17-11
§ 5-17-11. Filing resolution and service plan
Status: in_force

Within thirty days after the effective date of the resolution declaring that an infrastructure development zone has been organized, the original petitioners shall file the resolution, the approved service plan and a map of the infrastructure development zone with the county clerk in each of the counties in which the infrastructure development zone is located and with the local government division of the department of finance and administration. Thereafter, the infrastructure development zone shall maintain a current, accurate map of its boundaries and shall file the map with each county clerk on or before January 1 of each year.
N.M. Stat. § 68-2-5 — NM Code / Chapter 68 / Article 2 / Section 68-2-5
§ 68-2-5. State forester; employment of personnel; state fire chief; office clerk
Status: in_force

The state forester, with the approval of the secretary of energy, minerals and natural resources, shall employ, at salaries in accordance with the Personnel Act, those employees necessary to carry out the responsibilities of the forestry division.
N.M. Stat. § 59A-6-6 — NM Code / Chapter 59A / Article 6 / Section 59A-6-6
§ 59A-6-6. Preemption and in lieu provision
Status: in_force

The state government of New Mexico preempts the field of taxation of insurers, nonprofit health care plans, health maintenance organizations, prepaid dental plans, prearranged funeral plans and insurance producers as such. The payment of the taxes, licenses and fees provided for in the Insurance Premium Tax Act and the Insurance Code shall be in lieu of all other taxes, licenses and fees of every kind now or hereafter imposed by this state or any political subdivision thereof on any of the foregoing specified entities, excepting the regular state, county and city taxes on property located in New Mexico and excepting the income tax on insurance producers. The provisions of this section shall not apply to revenues or receipts that are not directly attributable to persons, entities and activities subject to the provisions of the Insurance Code.