FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 3-19-11 — NM Code / Chapter 3 / Article 19 / Section 3-19-11
§ 3-19-11. Legal status of master plan
Status: in_force

A. After a master plan or any part thereof has been approved and within the area of the master plan or any part thereof so approved, the approval of the planning commission is necessary to construct, authorize, accept, widen, narrow, remove, extend, relocate, vacate, abandon, acquire or change the use of any:

(1) park, street or other public way, ground, place or space;

(2) public building or structure; or

(3) utility, whether publicly or privately owned.

B. The failure of the planning commission to act within sixty-five days after the submission of a proposal to it constitutes approval of the proposal unless the proponent agrees to an extension of time. If the planning commission disapproves a proposal, it must state its reasons to the governing body. The governing body may overrule the planning commission and approve the proposal by a two-thirds vote of all its members.

C. None of the provisions of Chapter 3, Article 19 NMSA 1978 shall apply to any existing building, structure, plant or other equipment owned or used by any public utility or the right to its continued use or its reasonable repair or alteration for the purpose for which it was used at the time the master plan or any part thereof affecting the property takes effect. After the adoption of the master plan or any part thereof affecting the property, all extensions, betterments or additions to buildings, structures, plants or other equipment of any public utility shall be made in conformity with the master plan or any part thereof affecting the property and upon the approval of the planning commission. After a public hearing, the state corporation commission [public regulation commission] or the New Mexico public utility commission or the regulatory agency having jurisdiction or their successors having jurisdiction, as the case may be, may order that the extensions, betterments or additions to buildings, structures, plants or other equipment are reasonable and that the extensions, betterments or additions may be made even though they conflict with the adopted master plan or any part thereof affecting the property.

D. Any public agency or official, not under the jurisdiction of the governing body of the municipality, authorizing or financing a public way, ground, place, space, building, structure or utility shall submit the proposal to the planning commission. If the planning commission disapproves the proposal, the board of the public agency by a two-thirds vote of all its members or the official may overrule the planning commission and proceed with the proposal subject to the provisions of Subsection C of this section.
N.M. Stat. § 9-15A-8 — NM Code / Chapter 9 / Article 15A / Section 9-15A-8
§ 9-15A-8. Tourism commission created; membership; administratively attached to the department
Status: in_force

A. The “tourism commission” is created. The commission shall be a planning commission administratively attached to the department. The commission shall provide advice to the department on policy matters. The commission shall be responsible for the annual approval and update of the state's five-year tourism plan. The commission shall consist of seven members who shall be qualified electors of the state of New Mexico, no more than four of whom, at the time of their appointment, shall be members of the same political party and at least one of whom shall be a Native American. Members shall be appointed by the governor and confirmed by the senate. Two members shall be appointed from each of the three congressional districts. One member shall be appointed from the state at large.

B. Appointments shall be made for seven-year terms expiring on January 1 of the appropriate year. Commission members shall serve staggered terms as determined by the governor at the time of their initial appointment. Annually, the governor shall designate a chairman of the commission from among the members.

C. The commission shall meet at the call of the chairman, not less than once each quarter, and shall invite representatives of appropriate legislative committees, other state agencies and interested persons to its meetings for the purpose of information exchange and coordination.

D. Commission members shall not vote by proxy. A majority of the members constitutes a quorum for the conduct of business.

E. Members of the commission shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given the member being removed. The senate shall be given exclusive original jurisdiction over proceedings to remove members of the commission under such rules as it may promulgate. The senate's decision in connection with such matters shall be final. A vacancy in the membership of the commission occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.

F. Commission members shall not be paid, but shall receive per diem and mileage as provided in the Per Diem and Mileage Act. 1
N.M. Stat. § 4-59-13 — NM_STATUTES Code / Chapter 4 / Article 59 / Section 4-59-13
§ 4-59-13. Construction of act
Status: in_force

The County Industrial Revenue Bond Act shall not be construed as a restriction or limitation upon any powers which a county might otherwise have under any laws of this state, but shall be construed as cumulative; and the County Industrial Revenue Bond Act shall not be construed as requiring an election by the voters of a county prior to the issuance of bonds hereunder by a county.
N.M. Stat. § 22-17-1 — NM Code / Chapter 22 / Article 17 / Section 22-17-1
§ 22-17-1. Short title
Status: in_force

Chapter 22, Article 17 NMSA 1978 may be cited as the “Emergency Transportation Act”.
N.M. Stat. § 35-3-8 — NM Code / Chapter 35 / Article 3 / Section 35-3-8
§ 35-3-8. Jurisdiction; recusal
Status: in_force

A. Except by consent of all parties, no magistrate shall sit in any action in which:

(1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin;

(2) he was counsel for either party in that action; or

(3) he has an interest.

B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification.
N.M. Stat. § 7-30-11 — NM_STATUTES Code / Chapter 7 / Article 30 / Section 7-30-11
§ 7-30-11. Purchaser's report; tax remittance; additional information
Status: in_force

Each purchaser shall, in the form and manner required by the department, make a return to the department showing the total value, volume and kind of products purchased by him from each production unit for each calendar month. All taxes due or to be remitted by the purchaser shall accompany this return. The return shall be filed on or before the twenty-fifth day of the second month after the calendar month for which the return is required. Any additional reports or information the department may deem necessary for the proper administration of the Oil and Gas Conservation Tax Act may be required.
N.M. Stat. § 13-4C-1 — NM Code / Chapter 13 / Article 4C / Section 13-4C-1
§ 13-4C-1. Short title
Status: in_force

Chapter 13, Article 4C NMSA 1978 may be cited as the “Public Works Mediation Act”.
N.M. Stat. § 31-19A-1 — NM_STATUTES Code / Chapter 31 / Article 19A / Section 31-19A-1
§ 31-19A-1. Penalty assessment
Status: in_force

A. Payment of a fine pursuant to a penalty assessment citation shall not be considered a criminal conviction.

B. Whenever a person is issued a penalty assessment under the Criminal Code, the officer shall advise the person of the option either to accept the penalty assessment and pay it to the court or to appear in court. The officer, using a uniform non-traffic citation, shall complete the information section, prepare the penalty assessment and prepare a notice to appear in court specifying the time and place to appear. The citation shall state the address to which the penalty assessment is to be paid if the person accepts the penalty assessment and does not elect to appear in court. The officer shall have the person sign the citation as a promise either to pay the penalty assessment as prescribed or to appear in court as specified, give a copy of the citation to the person and release the person from custody. An officer shall not accept custody of payment of any penalty assessment.

C. The officer may issue a warning notice, but shall fill in the information section of the citation and give a copy to the person after requiring a signature on the warning notice as an acknowledgment of receipt.

D. In order to secure release, the person shall give a written promise to appear in court or to pay the penalty assessment prescribed or acknowledge receipt of a warning notice.

E. The magistrate court or metropolitan court in the county where the alleged violation occurred has jurisdiction for any case arising from a penalty assessment under the Criminal Code.

F. A penalty assessment citation issued by a law enforcement officer shall be submitted to the appropriate magistrate court or metropolitan court within five business days of issuance. If the citation is not submitted within three business days, it may be dismissed with prejudice.

G. A citation with a written promise to appear in court or to pay the penalty assessment is a summons. If a person fails to appear or to pay the penalty assessment by the appearance date, a warrant for failure to appear may be issued.

H. A written promise to appear in court may be complied with by appearance of counsel.

I. When a person issued a penalty assessment elects to appear in court rather than to pay the penalty assessment to the court, no fine imposed upon later conviction shall exceed the penalty assessment established for the particular penalty assessment. A person who elects to appear in court shall pay the costs required by law to be collected by magistrate or metropolitan court judges.

J. Penalty assessments collected by a magistrate court or metropolitan court pursuant to this section shall be transferred to the administrative office of the courts for credit to the magistrate drug court fund.
N.M. Stat. § 6-18-5 — NM_STATUTES Code / Chapter 6 / Article 18 / Section 6-18-5
§ 6-18-5. Applicability
Status: in_force

Every public body authorized to issue any bonds under any of the laws of the state for any purpose may use the provisions of the Public Securities Short-Term Interest Rate Act with respect to such bonds.
N.M. Stat. § 4-48B-26 — NM Code / Chapter 4 / Article 48B / Section 4-48B-26
§ 4-48B-26. No notice or publication required
Status: in_force

No notice, consent or approval by any governmental body, commission or public officer shall be required as a prerequisite to the sale or issuance of any revenue bonds or the making of a mortgage under the authority of the Hospital Funding Act, except as provided in that act.
N.M. Stat. § 25-12-1 — NM_STATUTES Code / Chapter 25 / Article 12 / Section 25-12-1
§ 25-12-1. Short title
Status: in_force

Sections 1 through 5 of this act may be cited as the “Homemade Food Act”.
N.M. Stat. § 1-12-31 — NM Code / Chapter 1 / Article 12 / Section 1-12-31
§ 1-12-31. Conduct of election; disposition of ballot boxes and other election materials
Status: in_force

A. The following election returns and materials shall not be placed in the ballot box and shall be returned immediately to the county clerk along with the locked ballot box:

(1) the number on the numbered seal affixed to secure the ballot box or one ballot box key in an envelope addressed to the county clerk;

(2) one signature roster;

(3) one certificate of returns for the polling place;

(4) the envelope containing any provisional paper ballots cast at the polling place;

(5) the envelope containing any absentee or mailed ballots delivered to the polling place by the voter or an immediate family member of the voter;

(6) the envelope containing paper ballots that were not tabulated by the electronic vote tabulator;

(7) the envelope containing machine-tabulated paper ballots with write-in votes; and

(8) all unused election supplies not destroyed pursuant to the Election Code.

B. The removable media storage device shall not be placed in the ballot box and shall be returned immediately to the county clerk either by messenger or along with the locked ballot box.

C. The election judge of the party different from that of the presiding judge shall place the number on the numbered seal affixed to secure the ballot box or the other ballot box key in the envelope addressed to the district court and immediately mail it to the district court.
N.M. Stat. § 70-11-5 — NM Code / Chapter 70 / Article 11 / Section 70-11-5
§ 70-11-5. Technical advisory committee; composition; duties
Status: in_force

A. A “technical advisory committee” to the office of interstate natural gas markets is created. The committee shall consist of four members as follows:

(1) the secretary of energy, minerals and natural resources or his designee;

(2) the director of natural gas programs or his designee;

(3) the commissioner of public lands or his designee; and

(4) the director of the oil conservation division of the energy, minerals and natural resources department or his designee.

B. The secretary of energy, minerals and natural resources, the director of natural gas and the commissioner of public lands shall be voting members. The director of the oil conservation division shall be an ex-officio advisory member of the committee. The committee shall select a chairman and meet at the call of the chairman.

C. The committee shall review and make recommendations to the director on how the office of interstate natural gas markets can perform the duties assigned to the office in Section 2 of this act.
N.M. Stat. § 27-2-12.30 — NM Code / Chapter 27 / Article 2 / Section 27-2-12.30
§ 27-2-12.30. Pharmacist prescriptive authority services; reimbursement parity
Status: in_force

A medical assistance program or its contractor shall reimburse a participating provider that is a certified pharmacist clinician or pharmacist certified to provide a prescriptive authority service who provides a service at the standard contracted rate that the medical assistance program reimburses, for the same service under that program, any licensed physician or physician assistant licensed pursuant to the Medical Practice Act or any advanced practice certified nurse practitioner licensed pursuant to the Nursing Practice Act.
N.M. Stat. § 19-10-3 — NM Code / Chapter 19 / Article 10 / Section 19-10-3
§ 19-10-3. Classification of state lands for oil and gas leasing
Status: in_force

A. For the purpose of issuing oil and gas leases thereon, all state lands under the jurisdiction of the commissioner shall be classified as either nonrestricted or restricted. Those lands placed within a restricted district pursuant to Section 19-10-16 NMSA 1978 shall be classified as restricted lands. All other lands owned by the state under the jurisdiction of the commissioner shall be classified as nonrestricted lands. Before leasing any tract of restricted land, it shall be further categorized as either regular or premium based upon the following factors relating to the tract:

(1) oil and gas trends;

(2) oil and gas traps;

(3) reservoir volume and recovery rating;

(4) lease bonus rating; and

(5) exploration and activity.

A percentage of zero percent to twenty percent shall be allocated to each factor. If the total percentages of all factors for a tract of land to be leased is less than seventy-five percent, the tract shall be categorized as regular. If the total percentage of all factors for a tract of land to be leased is seventy-five percent or more, the tract shall be categorized as premium.

B. After notice and hearing, the commissioner shall promulgate regulations specifying criteria to be used in categorizing tracts pursuant to Subsection A of this section.
N.M. Stat. § 69-2-6 — NM Code / Chapter 69 / Article 2 / Section 69-2-6
§ 69-2-6. Appropriation; cooperative survey
Status: in_force

There is appropriated for the bureau of geology and mineral resources twenty thousand dollars ($20,000) annually of the money received by the state from the mineral leasing land act fund, pursuant to Title 30 U.S.C., Section 191 . The money appropriated hereunder shall be used to pay the expenses incurred in matching federal funds in connection with a cooperative geologic and ground water survey of the state.
N.M. Stat. § 53-4-24 — NM Code / Chapter 53 / Article 4 / Section 53-4-24
§ 53-4-24. Subscribers
Status: in_force

Any natural person or group eligible for membership and legally obligated to purchase a share or shares of, or membership in, an association shall be deemed a subscriber; the articles or bylaws may determine whether, and the conditions under which, any rights of membership shall be granted to subscribers.
N.M. Stat. § 59A-23G-3 — NM Code / Chapter 59A / Article 23G / Section 59A-23G-3
§ 59A-23G-3. Short-term plans; excepted benefits; standards for policy provisions
Status: in_force

A. The superintendent shall adopt and promulgate rules to establish specific standards:

(1) that set the manner, content and required disclosure for the sale of short-term plans and excepted benefits plans, including standards for full and fair disclosure; and

(2) for the sale of short-term plans and excepted benefits plans, which standards shall include standards relating to:

(a) terms of renewability or extension of coverage;

(b) initial and subsequent conditions of eligibility;

(c) nonduplication of coverage provisions;

(d) coverage of dependents;

(e) preexisting conditions;

(f) termination of insurance;

(g) probationary periods;

(h) limitations;

(i) exceptions;

(j) reductions and exclusions;

(k) elimination periods;

(l) requirements for replacement by the health insurance carrier;

(m) recurrent conditions;

(n) the definition of terms to describe the specific types of coverage sold pursuant to the Short-Term Health Plan and Excepted Benefit Act and specific standards and policy provisions required of these plans;

(o) benefit duration;

(p) scope of coverage;

(q) advertising and marketing;

(r) sales practices;

(s) mandatory disclosures;

(t) coverage suitability; and

(u) policy and certificate approval.

B. All advertisements, marketing materials and application and policy forms relating to short-term plans shall prominently display a notice that the coverage is unavailable to any potential insured who has been covered under a short-term plan in the previous twelve-month period.
N.M. Stat. § 6-21D-4 — NM_STATUTES Code / Chapter 6 / Article 21D / Section 6-21D-4
§ 6-21D-4. Contracts for the installation of energy efficiency measures
Status: in_force

Pursuant to an energy efficiency assessment performed under Section 6-21D-3 NMSA 1978 and with the approval of the department, a state agency or school district may install or enter into contracts for the installation of energy efficiency measures on the building identified in the assessment. An installation contract shall be entered into pursuant to the Procurement Code, except that the contract may be entered into for a term of up to ten years. The installation or contracts shall address provisions concerning payment schedules, monitoring, inspecting, measuring and warranties as are necessary to ensure that the energy efficiency measures will be installed and the energy cost savings realized in the manner most beneficial to the state; provided that bonds shall not be issued pursuant to the Energy Efficiency and Renewable Energy Bonding Act without a finding by the department that the energy cost savings realized from the energy efficiency measures will be greater than the debt service due on the bonds issued to finance the energy efficiency measures.
N.M. Stat. § 22-13-7 — NM_STATUTES Code / Chapter 22 / Article 13 / Section 22-13-7
§ 22-13-7. Special education; responsibility
Status: in_force

A. The state board [department] shall make, adopt and keep current a state plan for special education policy, programs and standards.

B. The department of education [public education department] with the approval of the state board [department] shall set standards for diagnosis and screening of and educational offerings for exceptional children in public schools, in private, nonsectarian, nonprofit training centers and in state institutions under the authority of the secretary of health.

C. The state board [department] shall establish and maintain a program of evaluation of the implementation and impact of all programs for exceptional children in the public schools. This program shall be operated with the cooperation of local school districts. Portions of the program may be subcontracted, and periodic reports regarding the efficacy of programs for exceptional children shall be made to the legislative education study committee.

D. The department of education [public education department] shall coordinate programming related to the transition of persons with disabilities from secondary and post-secondary education programs to employment or vocational placement.
N.M. Stat. § 35-12-11 — NM Code / Chapter 35 / Article 12 / Section 35-12-11
§ 35-12-11. Garnishment; execution against garnishee
Status: in_force

Whenever judgment is rendered against the garnishee in any civil action in the magistrate court, execution shall be made as provided by law for executions in other civil actions in the magistrate court.
N.M. Stat. § 58-18C-2 — NM Code / Chapter 58 / Article 18C / Section 58-18C-2
§ 58-18C-2. Purpose
Status: in_force

The purpose of the New Mexico Housing Trust Fund Act is to provide flexible funding for housing initiatives in order to produce and preserve significant housing investment in the state.