FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 10-9-3 — NM Code / Chapter 10 / Article 9 / Section 10-9-3
§ 10-9-3. Definitions
Status: in_force

As used in the Personnel Act:

A. “director” means the personnel director;

B. “board” means the personnel board;

C. “service” means the state personnel service created by the Personnel Act, and includes all positions covered by the Personnel Act;

D. “position” means any state office, job, or position of employment;

E. “employer” means any authority having power to fill positions, in an agency;

F. “agency” means any state department, bureau, division, branch or administrative group which is under the same employer;

G. “class” means a group of positions similar enough in powers and responsibilities that they can be covered by the same qualifications and rate of pay;

H. “test” means a test of the qualifications, fitness and ability, and includes tests that are written, oral, physical or in the form of a demonstration of skill or any combination thereof;

I. “employee” means a person in a position in the service who has completed his probationary period; and

J. “probationer” means a person in a position in the service who is still in the probationary period for that position.
N.M. Stat. § 27-2D-9 — NM_STATUTES Code / Chapter 27 / Article 2D / Section 27-2D-9
§ 27-2D-9. Satisfactory participation
Status: in_force

A. To maintain satisfactory participation in the education works program, a recipient shall be a full-time student as defined by the school that the recipient attends.

B. A recipient may demonstrate good cause for failure to maintain satisfactory participation in the education works program, and must work with the department to address the barrier, in any month of participation for the following reasons:

(1) extended illness or injury of the recipient;

(2) the recipient is the primary caretaker for a special needs child or an ill or aging parent; or

(3) the recipient has been assessed to have a learning disability or a mental or physical health problem.

C. If a recipient falls below the academic standard of the school in one academic term, he shall be placed on probationary status for one academic term to improve his grades. If a recipient's overall grade point average falls below 2.0 based on a four-point system, the department shall place him on probation for a maximum of two academic terms to allow him to bring up his overall grade point average.

D. A recipient shall:

(1) attend classes as scheduled and participate as required by the standard of the school;

(2) report to the department a change that may affect the benefit group's eligibility for or anything that may affect the recipients ability to participate in the education works program;

(3) provide the department with copies of any financial aid award letters; and

(4) provide the department with copies of his grades as they become available.

E. If a recipient does not comply with Subsection C of this section or with the provisions of the Education Works Act, the department may require the recipient to apply for public assistance pursuant to the New Mexico Works Act. This decision shall be made in writing and the recipient shall have the opportunity to appeal the decision.
N.M. Stat. § 72-10-2 — NM Code / Chapter 72 / Article 10 / Section 72-10-2
§ 72-10-2. Injuries or obstructions; powers of commissioners; penalty; civil liability
Status: in_force

The said commissioners shall have lawful power and authority to prevent any and all persons from placing any obstruction whatsoever in any of such community springs and from in any manner injuring or destroying any dam, breakwater or tank connected therewith, and shall have authority to enter complaint against any person who shall wilfully injure, break or obstruct any such spring, dam or breakwater, before any justice of the peace [magistrate] having jurisdiction and any person so accused upon conviction thereof before any justice of the peace [magistrate] having jurisdiction shall be fined in any sum not less than five dollars [($5.00)] nor more than twenty-five dollars [($25.00)], and shall also be liable to the community in a civil suit for damages to be brought by the said commissioners in the name and for the use of such community.
N.M. Stat. § 32A-26-12 — NM Code / Chapter 32A / Article 26 / Section 32A-26-12
§ 32A-26-12. Duties of the department
Status: in_force

A. The department shall notify every child in its custody about the fostering connections program beginning when the child attains sixteen years of age and at every transition planning meeting thereafter.

B. Prior to attaining seventeen years and six months of age, every child in the custody of the department shall be provided detailed information about the fostering connections program and given the opportunity to develop a voluntary services and support agreement that would be finalized and executed upon the child attaining eighteen years of age.
N.M. Stat. § 28-17-11 — NM_STATUTES Code / Chapter 28 / Article 17 / Section 28-17-11
§ 28-17-11. Access to agency records
Status: in_force

Upon request, the office shall have access to records of any state or local government agency, including copies of all licensing and certification records relating to long-term care facilities as necessary to carry out its responsibilities under the Long-Term Care Ombudsman Act and which records are available to the patient, resident or client, except for records and information unavailable pursuant to Section 7-1-8 NMSA 1978 .
N.M. Stat. § 10-4-28 — NM_STATUTES Code / Chapter 10 / Article 4 / Section 10-4-28
§ 10-4-28. Officer appointed for suspension period; oath and bond; filling vacancy after final removal
Status: in_force

When any officer is suspended as provided in this act [chapter], the judge of said court shall appoint some qualified person to discharge the duties of such officer during the period of his suspension, which person shall take the oath and give the bond required of incumbents of such office, and in case the final judgment be for the removal of such accused officer before the expiration of his term, his successor shall be appointed in the manner provided by law for filling vacancies in such office.
N.M. Stat. § 26-2B-9 — NM Code / Chapter 26 / Article 2B / Section 26-2B-9
§ 26-2B-9. Employment protections
Status: in_force

A. Unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or federal regulations, it is unlawful to take an adverse employment action against an applicant or an employee based on conduct allowed under the Lynn and Erin Compassionate Use Act.

B. Nothing in this section shall:

(1) restrict an employer's ability to prohibit or take adverse employment action against an employee for use of, or being impaired by, medical cannabis on the premises of the place of employment or during the hours of employment; or

(2) apply to an employee whose employer deems that the employee works in a safety-sensitive position.
N.M. Stat. § 59A-17-27 — NM Code / Chapter 59A / Article 17 / Section 59A-17-27
§ 59A-17-27. Cooperative activities authorized
Status: in_force

Cooperation among advisory organizations or among organizations and insurers in rate making or in other matters within the scope of the Insurance Rate Regulation Law is hereby authorized, provided the filings resulting from the cooperation are subject to provisions of the Insurance Rate Regulation Law applicable to filings generally. The superintendent may review the cooperative activities and practices and if, after a hearing, the superintendent finds that the activity or practice is unfair or unreasonable or otherwise inconsistent with the Insurance Rate Regulation Law, the superintendent may issue an order specifying the respects in which the activity or practice is unreasonable or otherwise inconsistent with the Insurance Rate Regulation Law and requiring discontinuance of the activity or practice.
N.M. Stat. § 5-18-1 — NM_STATUTES Code / Chapter 5 / Article 18 / Section 5-18-1
§ 5-18-1. Short title
Status: in_force

This act may be cited as the “Renewable Energy Financing District Act”.
N.M. Stat. § 9-25-4 — NM Code / Chapter 9 / Article 25 / Section 9-25-4
§ 9-25-4. Department created
Status: in_force

A. The “higher education department” is created in the executive branch. The department is a cabinet department and includes the following divisions:

(1) the administrative services division;

(2) the planning and research division;

(3) the financial aid division;

(4) the public information and communications division;

(5) the adult basic education division;

(6) the information technology division;

(7) the private and proprietary schools division;

(8) the public schools liaison division; and

(9) the American Indian post-secondary education division.

B. The secretary may organize the department and divisions of the department and may transfer or merge functions between divisions and bureaus in the interest of efficiency and economy.
N.M. Stat. § 11-20-1 — NM Code / Chapter 11 / Article 20 / Section 11-20-1
§ 11-20-1. Short title
Status: in_force

This act may be cited as the “Interstate Mining Compact Act”.
N.M. Stat. § 7-9C-8 — NM Code / Chapter 7 / Article 9C / Section 7-9C-8
§ 7-9C-8. Deductions; telecommunications providers
Status: in_force

A. Receipts from interstate telecommunications services that are provided by a corporation to itself or to an affiliated corporation may be deducted from interstate telecommunications gross receipts.

B. For the purposes of this section:

(1) “affiliated corporation” means a corporation that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with the subject corporation; and

(2) “control” means ownership of stock in a corporation that represents at least eighty percent of the total voting power of the corporation and has a value equal to at least eighty percent of the total value of the stock of that corporation.
N.M. Stat. § 22-5-6 — NM_STATUTES Code / Chapter 22 / Article 5 / Section 22-5-6
§ 22-5-6. Nepotism prohibited
Status: in_force

A. A local superintendent shall not initially employ or approve the initial employment in any capacity of a person who is the spouse, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of a member of the local school board or the local superintendent. The local school board may waive the nepotism rule for family members of a local superintendent.

B. Nothing in this section shall prohibit the continued employment of a person employed on or before July 1, 2008.
N.M. Stat. § 59A-46-38.1 — NM Code / Chapter 59A / Article 46 / Section 59A-46-38.1
§ 59A-46-38.1. Coverage of children
Status: in_force

A. An insurer shall not deny enrollment of a child under the health plan of the child's parent on the grounds that the child:

(1) was born out of wedlock;

(2) is not claimed as a dependent on the parent's federal tax return; or

(3) does not reside with the parent or in the insurer's service area.

B. When a child has health coverage through an insurer of a noncustodial parent, the insurer shall:

(1) provide such information to the custodial parent as may be necessary for the child to obtain benefits through that coverage;

(2) permit the custodial parent or the provider, with the custodial parent's approval, to submit claims for covered services without the approval of the noncustodial parent; and

(3) make payments on claims submitted in accordance with Paragraph (2) of this subsection directly to the custodial parent, the provider or the state medicaid agency.

C. When a parent is required by a court or administrative order to provide health coverage for a child and the parent is eligible for family health coverage, the insurer shall be required:

(1) to permit the parent to enroll, under the family coverage, a child who is otherwise eligible for the coverage without regard to any enrollment season restrictions;

(2) if the parent is enrolled but fails to make application to obtain coverage for the child, to enroll the child under family coverage upon application of the child's other parent, the state agency administering the medicaid program or the state agency administering 42 U.S.C. Sections 651 through 669 , the child support enforcement program; and

(3) not to disenroll or eliminate coverage of the child unless the insurer is provided satisfactory written evidence that:

(a) the court or administrative order is no longer in effect; or

(b) the child is or will be enrolled in comparable health coverage through another insurer that will take effect not later than the effective date of disenrollment.

D. An insurer shall not impose requirements on a state agency that has been assigned the rights of an individual eligible for medical assistance under the medicaid program and covered for health benefits from the insurer that are different from requirements applicable to an agent or assignee of any other individual so covered.

E. An insurer shall provide coverage for children, from birth through three years of age, for or under the family, infant, toddler program administered by the early childhood education and care department, provided eligibility criteria are met, for a maximum benefit of three thousand five hundred dollars ($3,500) annually for medically necessary early intervention services provided as part of an individualized family service plan and delivered by certified and licensed personnel who are working in early intervention programs approved by the early childhood education and care department. No payment under this subsection shall be applied against any maximum lifetime or annual limits specified in the policy, health benefits plan or contract.
N.M. Stat. § 10-12C-16 — NM_STATUTES Code / Chapter 10 / Article 12C / Section 10-12C-16
§ 10-12C-16. Suspension or forfeiture of benefits
Status: in_force

A. If a member retires and is subsequently employed by any employer covered by any state system or the educational retirement system, the retired member's pension shall be suspended effective the first day of the month following the month in which the subsequent employment begins. The suspended pension of a previously retired member shall resume and be effective the first day of the month following the month in which the member leaves office or terminates the subsequent employment.

B. The right to receive a pension pursuant to the provisions of the Magistrate Retirement Act shall be forfeited if the member is removed from office pursuant to the provisions of Article 6, Section 32 of the constitution of New Mexico and the member's only entitlement from the fund shall be the refund of the member's own contributions.

C. The provisions of Subsection A of this section shall not apply to a retired member who is elected to serve a term as an elected official if the retired member files an irrevocable exemption from membership in any state system with the association within thirty days of taking office. Filing of an irrevocable exemption shall irrevocably bar the retired member from acquiring service credit for the period of exemption from the membership.
N.M. Stat. § 18-17-8 — NM Code / Chapter 18 / Article 17 / Section 18-17-8
§ 18-17-8. Museum admission policy
Status: in_force

The board, the secretary of cultural affairs and the director shall establish and implement a policy to permit New Mexico residents age sixty years and older to enter all publicly accessible exhibit and program areas of the museum, except special exhibits and programs where commissions or royalties are paid by contract, free of charge every Wednesday that is not a holiday that the museum is open.
N.M. Stat. § 59A-49-3 — NM Code / Chapter 59A / Article 49 / Section 59A-49-3
§ 59A-49-3. Prearranged funeral plans and purchases; regulation and control
Status: in_force

The superintendent shall regulate and control, in the same manner and with the same powers as he regulates the business of life insurance, the granting, sale or offering for sale of prearranged funeral plans. Provided however, that the provisions governing prearranged funeral plans contained in this article that require stricter control or higher obligations on the part of the seller shall control.
N.M. Stat. § 41-4-13 — NM Code / Chapter 41 / Article 4 / Section 41-4-13
§ 41-4-13. Exclusions from waiver of immunity; community ditches or acequias; Sanitary Projects Act associations
Status: in_force

All community ditches or acequias, and their public employees acting lawfully and within the scope of their duties, and all associations created pursuant to the Sanitary Projects Act 1 are excluded from the waiver of immunity of liability under Sections 41-4-6 through 41-4-12 NMSA 1978 .
N.M. Stat. § 9-4A-22 — NM_STATUTES Code / Chapter 9 / Article 4A / Section 9-4A-22
§ 9-4A-22. State museums improvements and exhibits fund created; use
Status: in_force

A. The “state museums improvements and exhibits fund” is created in the state treasury. The fund consists of:

(1) money appropriated and transferred to the fund;

(2) gifts, grants, donations and bequests; and

(3) fifteen percent of the state museums' admission fees, facilities rentals and revenues earned from licensure or sale of intellectual property.

B. Earnings from investment of the state museums improvements and exhibits fund shall be credited to the fund. Money in the fund is appropriated to the department to be distributed to state museums pursuant to the provisions of this section. Any unexpended or unencumbered balance remaining at the end of a fiscal year shall not revert. Disbursements from the fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of cultural affairs.

C. Money in the state museums improvements and exhibits fund shall be expended by the department for development, implementation and maintenance of exhibitions at state museums and for maintenance and repairs of state museum facilities. Revenues in the fund earned by a specific division shall be expended by that division.

D. As used in this section, “ state museum ” means a museum, historic site, monument, cultural center or laboratory administered by the department.
N.M. Stat. § 34-5-12 — NM_STATUTES Code / Chapter 34 / Article 5 / Section 34-5-12
§ 34-5-12. Court of appeals; seal
Status: in_force

The court of appeals may adopt a design for the seal of the court. Upon adoption, the clerk of the court shall file a facsimile and description of the design in the office of the secretary of state.
N.M. Stat. § 7-19D-17 — NM Code / Chapter 7 / Article 19D / Section 7-19D-17
§ 7-19D-17. Federal water project gross receipts tax; authorization; use of revenue; referendum
Status: in_force

A. A majority of the members of the governing body of a municipality may enact an ordinance imposing an excise tax on any person engaging in business in the municipality for the privilege of engaging in business. The rate of the tax shall not exceed one-fourth percent of the gross receipts of the person engaging in business. An ordinance enacting the tax authorized by this section is subject to a positive referendum.

B. The tax imposed pursuant to this section may be referred to as the “federal water project gross receipts tax”.

C. The governing body of a municipality, at the time of enacting an ordinance imposing the rate of the tax authorized in this section, shall dedicate the revenue for the repayment of loan obligations to the federal government for the construction, expansion, operation and maintenance of a water delivery system and for the expansion, operation and maintenance of that water delivery system after the loan obligation to the federal government is retired or repaid. The revenue from the federal water project gross receipts tax shall not be dedicated to repay revenue bonds or any other form of bonds.

D. An ordinance imposing the federal water project gross receipts tax shall not go into effect until an election is held and a majority of the voters of the municipality voting in the election votes in favor of imposing the tax. The governing body shall adopt a resolution calling for an election within seventy-five days of the date the ordinance is adopted on the question of imposing the tax. The question shall be submitted to the voters of the municipality as a separate question at a regular local election or at a special election called for that purpose by the governing body. An election shall be called, conducted and canvassed as provided in the Local Election Act. If a majority of the voters voting on the question approves the ordinance imposing the federal water project gross receipts tax, then the ordinance shall become effective on January 1 or July 1 in accordance with the provisions of the Municipal Local Option Gross Receipts Taxes Act. If the question of imposing the federal water project gross receipts tax fails, the governing body shall not again propose the imposition of the tax for a period of one year from the date of the election.

E. A municipality that imposed a federal water project gross receipts tax pursuant to this section shall not also impose a municipal capital outlay gross receipts tax.

F. As used in this section, “ municipality ” means an incorporated municipality that has a population pursuant to the most recent federal decennial census of greater than twenty thousand but less than twenty-five thousand and is located in a class B county.
N.M. Stat. § 33-2-12.1 — NM_STATUTES Code / Chapter 33 / Article 2 / Section 33-2-12.1
§ 33-2-12.1. Corrections; family visits
Status: in_force

The secretary of corrections may promulgate rules and regulations providing for family visits between minimum or medium security inmates confined at state correctional facilities and their families. As used in this section:

A. “family” means the inmate's legal spouse, natural parents, adoptive parents, if the adoption occurred and a family relationship existed prior to the inmate's incarceration, stepparents or foster parents, grandparents, brothers and sisters, natural and adoptive children, stepchildren and grandchildren. The term does not include the inmate's aunts, uncles and cousins unless a bona fide foster relationship exists, nor does it include persons with only a common law relationship to the inmate; and

B. “family visit” means extended and overnight visitation between eligible inmates and their families with all necessary accommodations provided by the corrections department for this purpose at a reasonable charge to the inmate or his family to defray the costs of the accommodations. Families shall be required to provide food for the visit or, if security requires, to purchase all food for the visit from the department.