FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 29-2-11 — NM Code / Chapter 29 / Article 2 / Section 29-2-11
§ 29-2-11. Disciplinary proceedings; appeal
Status: in_force

A. A New Mexico state police officer holding a permanent commission shall not be removed from office, demoted or suspended except for incompetence, neglect of duty, violation of a published rule of conduct, malfeasance in office or conduct unbecoming an officer, except as provided in this section. A probationary officer not holding a permanent commission may be removed from office, demoted or suspended in accordance with New Mexico state police rules.

B. The secretary may suspend an officer for disciplinary reasons for not more than thirty days in accordance with New Mexico state police rules without further review or appeal.

C. In the event an officer is removed from office, demoted or suspended for a period of more than thirty days, the secretary shall provide written notification of the grounds supporting the action to the officer. The officer may appeal the secretary's action to the commission within thirty days of the date of receipt of the secretary's written notification. The appeal process shall be public and conducted in accordance with New Mexico state police rules.

D. In the event the commission finds that there is just cause for the removal, demotion or suspension of the officer for a period in excess of thirty days, the officer may appeal the decision of the commission to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 72-16-11 — NM Code / Chapter 72 / Article 16 / Section 72-16-11
§ 72-16-11. Nomination of directors
Status: in_force

Written nominations of any candidate as director may be filed in accordance with the provisions of the Local Election Act. Each nomination of any candidate shall be signed by not less than fifty qualified electors who reside within the district for which the candidate has been nominated, shall designate the name of the candidate nominated and shall recite that the subscribers are qualified electors of the district for which the candidate is nominated and that the candidate designated is a qualified elector of the authority and resides within the district for which the candidate is nominated. No qualified elector may nominate more than one candidate for any vacancy.
N.M. Stat. § 5-8-7 — NM_STATUTES Code / Chapter 5 / Article 8 / Section 5-8-7
§ 5-8-7. Maximum fee per service unit
Status: in_force

The fee shall not exceed the cost to pay for a proportionate share of the cost of system improvements, based upon service units, needed to serve new development.
N.M. Stat. § 46-9A-6 — NM Code / Chapter 46 / Article 9A / Section 46-9A-6
§ 46-9A-6. Release or modification of restrictions on management, investment or purpose
Status: in_force

A. If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpose other than a charitable purpose of the institution.

B. The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if the restriction impairs the management or investment of the fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of the fund. The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention.

C. If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve or wasteful, the court, upon application of an institution, may modify the purpose of the fund or the restriction on the use of the fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the attorney general of the application, and the attorney general shall be given an opportunity to be heard.

D. If an institution determines that a restriction contained in a gift instrument on the management, investment or purpose of an institutional fund is unlawful, impracticable, impossible to achieve or wasteful, the institution, sixty days after notification to the attorney general, may release or modify the restriction, in whole or part, if:

(1) the institutional fund subject to the restriction has a total value of less than twenty-five thousand dollars ($25,000);

(2) more than twenty years have elapsed since the fund was established; and

(3) the institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.
N.M. Stat. § 4-37-9.1 — NM Code / Chapter 4 / Article 37 / Section 4-37-9.1
§ 4-37-9.1. Water conservation and drought management plans
Status: in_force

A county shall consider ordinances and codes to encourage water conservation and drought management planning pursuant to the provisions of Section 3 of this act.
N.M. Stat. § 47-8-38 — NM Code / Chapter 47 / Article 8 / Section 47-8-38
§ 47-8-38. Injunctive relief
Status: in_force

A. If the resident refuses to allow lawful access, the owner may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the owner may recover damages, reasonable attorney's fees and court costs.

B. If the owner makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the resident, the resident may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the resident may recover damages and reasonable attorney's fees.
N.M. Stat. § 1-14-23 — NM_STATUTES Code / Chapter 1 / Article 14 / Section 1-14-23
§ 1-14-23. Recount procedures
Status: in_force

A. To ensure the accuracy of electronic vote tabulating systems, in a recount, the votes from a random selection of ballots shall be tallied by hand, and the votes from the same ballots shall be tabulated by the electronic vote tabulating systems to be used in the recount. For statewide and federal office, the number of ballots to be tallied and tabulated shall be equal to the greater of one hundred, or two percent, of the ballots cast in each county. For all other offices, the number of ballots to be tallied and tabulated shall be equal to the greater of one hundred, or five percent, of the ballots cast for the office, distributed by county where applicable. If more than one electronic vote tabulating system is to be used in a county, the ballots to be recounted shall be divided among the electronic vote tabulating systems to be used, and the above process shall be performed on each electronic vote tabulating system based on the number of votes to be recounted on each individual electronic vote tabulating system.

B. If the results of the hand tally and the electronic vote tabulating system tabulation do not differ, the remaining ballots shall be recounted using that electronic vote tabulating system. If the results of the hand tally and the electronic vote tabulating system differ, the electronic vote tabulating system shall not be used in the recount and the remaining ballots shall be recounted by hand or on a different electronic vote tabulating system in which the results did not differ.

C. When using an electronic vote tabulating system for a recount, a county clerk may permit a visual inspection of the ballots prior to tabulation by the optical scan tabulating system for the purpose of permitting a representative of a candidate to identify individual ballots to be selected for hand tally by the precinct board.
N.M. Stat. § 24-14-27 — NM Code / Chapter 24 / Article 14 / Section 24-14-27
§ 24-14-27. Disclosure of records
Status: in_force

A. The state registrar or other custodian of vital records shall not permit inspection of or disclosure of information contained in vital records or copying or issuance of a copy of all or part of any record except as authorized by law.

B. The department shall provide access to record level data required by the New Mexico health policy commission. The New Mexico health policy commission may only release record level data obtained from vital records in the aggregate. For the purposes of this subsection, “ record level data ” means one or more unique and non-aggregated data elements relating to a single identifiable individual. The department may authorize the disclosure of data contained in vital records for other research purposes.

C. When one hundred years have elapsed after the date of birth or fifty years have elapsed after the date of death, the vital records of these events in the custody of the state registrar shall become open public records, and information shall be made available in accordance with regulations that provide for the continued safekeeping of the records; provided that vital records of birth shall not become open public records prior to the individual's death.
N.M. Stat. § 24-13-5 — NM Code / Chapter 24 / Article 13 / Section 24-13-5
§ 24-13-5. Payment of burial or cremation expenses; commissioners' liability
Status: in_force

The board of county commissioners of any county within this state may authorize payment for the burial or cremation of an unclaimed decedent, as defined in Section 24-13-1 NMSA 1978 . All available assets of the deceased may be used to reimburse the county for the cost of burial or cremation. Should the county be required to pay expenses for burial or cremation of an unclaimed decedent who has left an estate, the estate shall reimburse the county for those expenses. The county commissioners may be liable officially to the county they represent in double the amount they have paid toward the burial or cremation of a person other than as authorized by this section.
N.M. Stat. § 1-4-32 — NM Code / Chapter 1 / Article 4 / Section 1-4-32
§ 1-4-32. Cancellation of registration; duties of county clerk; retention of records
Status: in_force

A. When a registration is canceled, the county clerk shall remove, endorse and file the original certificate of registration according to procedures prescribed by the secretary of state.

B. Canceled original certificates of registration along with any written application of the voter for cancellation or other pertinent orders or certificates shall be retained for six years and then may be destroyed; provided that such records may be destroyed prior to the expiration of the six-year period with the approval of the state records administrator and upon their being properly microfilmed and stored.
N.M. Stat. § 61-6B-7 — NM Code / Chapter 61 / Article 6B / Section 61-6B-7
§ 61-6B-7. License; contents; display; fees
Status: in_force

A. A license issued by the board shall contain the name of the person to whom it is issued, the date and number of the license and other information the board may require.

B. The most recent address contained in the board's records for each licensee is the address deemed sufficient for purposes of service of process and correspondence and notice from the board. Any licensee whose address changes shall, within thirty days of the change, notify the board of the address change.

C. A licensee who wishes to retire from the practice of polysomnography shall file with the board an affidavit, in a form to be furnished by the board, stating the date on which the person retired from practice and other information the board may require. If that person wishes to reenter the practice of polysomnography, the person shall meet requirements established by the board for license renewal.

D. A licensee shall display the license in the office or place in which the licensee practices in a location clearly visible to patients.

E. Except as provided in Section 61-1-34 NMSA 1978 , the board shall establish license and administrative fees, but no individual fee shall exceed five hundred dollars ($500).
N.M. Stat. § 4-55D-7 — NM_STATUTES Code / Chapter 4 / Article 55D / Section 4-55D-7
§ 4-55D-7. Special assessment financing
Status: in_force

A. Special assessment financing shall be provided by capital providers and disbursed directly by capital providers to fund eligible improvements subject to a special assessment financing agreement.

B. A county is not liable in any way for the debt of the property owner, is not a third-party obligor and is not pledging or lending its credit to the property owner or the capital provider.
N.M. Stat. § 22-29-1 — NM Code / Chapter 22 / Article 29 / Section 22-29-1
§ 22-29-1. Short title
Status: in_force

Chapter 22, Article 29 NMSA 1978 may be cited as the “Public School Insurance Authority Act”.
N.M. Stat. § 73-3-8 — NM Code / Chapter 73 / Article 3 / Section 73-3-8
§ 73-3-8. Mayordomo; failing to perform duties; malfeasance
Status: in_force

If any mayordomo of any community ditch or acequia, after having undertaken to serve as such, shall wilfully neglect or refuse to perform any of the duties of his office, or conduct himself with impropriety or injustice in his office as mayordomo or take any bribe in money, property or otherwise as inducement to act improperly, he shall, upon conviction before any justice of the peace [magistrate court] within the county where such offense is committed, be punished by a fine not exceeding fifty dollars ($50.00) or by imprisonment in the county jail not exceeding thirty days or by both such fine and imprisonment, at the discretion of the court or jury trying the case.
N.M. Stat. § 29-16-2 — NM Code / Chapter 29 / Article 16 / Section 29-16-2
§ 29-16-2. Purpose of act
Status: in_force

The purpose of the DNA Identification Act is to:

A. establish a DNA identification system for covered offenders and persons required to provide a DNA sample pursuant to the provisions of Section 1 of this 2006 act;

B. facilitate the use of DNA records by local, state and federal law enforcement agencies in the:

(1) identification, detection or exclusion of persons in connection with criminal investigations; and

(2) registration of sex offenders required to register pursuant to the provisions of the Sex Offender Registration and Notification Act;

C. establish a missing persons DNA identification system consisting of the following DNA indexes:

(1) unidentified persons;

(2) unidentified human remains; and

(3) relatives of, or known reference samples from, missing persons; and

D. facilitate the use of DNA records by local, state and federal law enforcement agencies and the state medical investigator in the identification and location of missing and unidentified persons or human remains.
N.M. Stat. § 1-12-3 — NM_STATUTES Code / Chapter 1 / Article 12 / Section 1-12-3
§ 1-12-3. Conduct of election; precinct board duties
Status: in_force

The secretary of state shall prescribe the duties of the precinct board, including duties that, during the conduct of the election, the presiding judge may reassign between judges and election clerks. Copies of such duties shall be furnished to each county clerk, and the clerk shall distribute them to each precinct.
N.M. Stat. § 19-7-18 — NM Code / Chapter 19 / Article 7 / Section 19-7-18
§ 19-7-18. Bond required
Status: in_force

No contract, patent or lease shall be issued until the value of improvements shall be paid unless a good and sufficient corporate or cash bond is filed with the commissioner to ensure payment upon final determination of value.
N.M. Stat. § 60-7A-10 — NM Code / Chapter 60 / Article 7A / Section 60-7A-10
§ 60-7A-10. Wholesalers prohibited from owning retailer's or dispenser's establishment
Status: in_force

A. Except as provided in Subsection B of this section, it is a violation of the Liquor Control Act for a wholesaler, directly or indirectly or through an affiliate, to own, either in whole or in part, a business operated under a retailer's or dispenser's license.

B. This section shall not prevent a wholesaler from owning a dispenser's license directly or indirectly or through an affiliate and operating a business itself or through an affiliate or a lessee under a dispenser's license if:

(1) the wholesaler directly or indirectly operates or controls an interest in an establishment or complex maintaining a minimum of one hundred sleeping rooms and having a resident of New Mexico as a proprietor or manager and where, in consideration of payment, meals and lodging are regularly furnished to the general public; and

(2) the sale of alcoholic beverages under the dispenser's license is restricted to their consumption on the licensed premises.
N.M. Stat. § 40-4-16 — NM Code / Chapter 40 / Article 4 / Section 40-4-16
§ 40-4-16. Satisfaction of liens
Status: in_force

The liens created by this act may be satisfied by execution or may be foreclosed under the same procedure as is now allowed for the foreclosure of judgment liens.
N.M. Stat. § 48-2-2 — NM Code / Chapter 48 / Article 2 / Section 48-2-2
§ 48-2-2. Mechanics and materialmen; lien; labor, equipment and materials furnished; definition of agent of owner
Status: in_force

Every person performing labor upon, providing or hauling equipment, tools or machinery for or furnishing materials to be used in the construction, alteration or repair of any mine, building, wharf, bridge, ditch, flume, tunnel, fence, machinery, railroad, road or aqueduct to create hydraulic power or any other structure, who performs labor in any mine or is a registered surveyor or who surveys real property has a lien upon the same for the work or labor done, for the specific contract or agreed upon charge for the surveying or equipment, tools or machinery hauled or provided or materials furnished by each respectively, whether done, provided, hauled or furnished at the instance of the owner of the building or other improvement or his agent. Every contractor, subcontractor, architect, builder or other person having charge of any mining or of the construction, alteration or repair, either in whole or in part, of any building or other improvement shall be held to be the agent of the owner for the purposes of this section.
N.M. Stat. § 34-6-40 — NM Code / Chapter 34 / Article 6 / Section 34-6-40
§ 34-6-40. Finance; fees
Status: in_force

A. Except as provided in Subsection B of this section, district court clerks shall collect in civil matters docketing any cause, whether original or reopened or by appeal or transfer from any inferior court, a fee of one hundred seventeen dollars ($117), twenty dollars ($20.00) of which shall be deposited in the court automation fund and twenty-five dollars ($25.00) of which shall be deposited in the civil legal services fund.

B. In those matters where the fee provided for in Section 40-12-6 NMSA 1978 is collected, district court clerks shall collect a fee of one hundred seven dollars ($107), ten dollars ($10.00) of which shall be deposited in the court automation fund and twenty-five dollars ($25.00) of which shall be deposited in the civil legal services fund.

C. No fees or costs shall be taxed against the state, its political subdivisions or the nonprofit corporations authorized to be formed under the Educational Assistance Act.

D. Except as otherwise specifically provided by law, docket fees shall be paid into the general fund.
N.M. Stat. § 33-6-5 — NM Code / Chapter 33 / Article 6 / Section 33-6-5
§ 33-6-5. Maintenance and supervision of homes; rules
Status: in_force

When erected, such juvenile detention homes shall be maintained at the expense of the counties wherein they are located. The board of county commissioners of the county wherein such juvenile detention home is located shall have supervisory control of such juvenile detention home and for that purpose such board of commissioners shall have power to make reasonable rules governing the conduct of such juvenile detention home.
N.M. Stat. § 12-5-2 — NM_STATUTES Code / Chapter 12 / Article 5 / Section 12-5-2
§ 12-5-2. Legal holidays; designation
Status: in_force

Legal public holidays in New Mexico are:

A. New Year's day, January 1;

B. Martin Luther King, Jr.'s birthday, third Monday in January;

C. Washington's and Lincoln's birthday, President's day, third Monday in February;

D. Memorial day, last Monday in May;

E. Independence day, July 4;

F. Labor day, first Monday in September;

G. Indigenous Peoples' day, second Monday in October;

H. Armistice day and Veterans' day, November 11;

I. Thanksgiving day, fourth Thursday in November; and

J. Christmas day, December 25.
N.M. Stat. § 21-2-7 — NM_STATUTES Code / Chapter 21 / Article 2 / Section 21-2-7
§ 21-2-7. Annual report
Status: in_force

The state commission shall submit an annual report to the governor and the legislature prior to November 15 each year. Such report shall describe the planning activities undertaken, present data on the status of all types of post-secondary education and set forth all recommendations developed under Section 5, Items I, J and K of the Post-Secondary Educational Planning Act. Prior to the final adoption of the annual report the state commission shall distribute a draft of the report to all institutions and programs of the types enumerated in Section 2A(2) and to representatives of all other interests enumerated in Section 6 and shall then hold a hearing at which all such institutions, programs and interests may comment upon the draft report.
N.M. Stat. § 10-6-3 — NM_STATUTES Code / Chapter 10 / Article 6 / Section 10-6-3
§ 10-6-3. Permanent abandonment of office, what constitutes
Status: in_force

Any incumbent of any public office or employment of the state of New Mexico, or of any of its departments, agencies, counties, municipalities or political subdivisions whatsoever, who shall accept any public office or employment, whether within or without the state, other than service in the armed forces of the United States of America, for which a salary or compensation is authorized, or who shall accept private employment for compensation and who by reason of such other public office or employment or private employment shall fail for a period of thirty successive days or more to devote his time to the usual and normal extent during ordinary working hours to the performance of the duties of such public office and employment, shall be deemed to have resigned from and to have permanently abandoned his public office and employment.
N.M. Stat. § 7-11-5 — NM Code / Chapter 7 / Article 11 / Section 7-11-5
§ 7-11-5. Withholding and payment of tax; duty of railroads using or leasing cars to make reports
Status: in_force

Every railroad company using or leasing the railway cars of any organization, upon making payment to such organization for the use or lease of railway cars, shall withhold from such payment an amount equal to the product of the tax rate specified in Subsection A of Section 7-11-3 NMSA 1978 multiplied by the gross earnings. On or before March 1 of each year, such railroad company shall report to the department on a form prescribed by the department the amounts of such payments and the amounts withheld for the preceding calendar year. The amounts withheld shall be remitted with the report.
N.M. Stat. § 30-9-14.2 — NM Code / Chapter 30 / Article 9 / Section 30-9-14.2
§ 30-9-14.2. Indecent waitering
Status: in_force

Indecent waitering consists of a person knowingly and intentionally exposing his intimate parts to public view while serving beverage or food in a licensed liquor establishment. “Intimate parts” means the mons pubis, penis, testicles, mons veneris, vulva, female breast or vagina. As used in this section, “female breast” means the areola and “exposing” does not include any act in which the intimate part is covered by any nontransparent material.

Whoever commits indecent waitering is guilty of a petty misdemeanor.

A liquor licensee or his lessee or agent who allows indecent waitering on the licensed premises is guilty of a petty misdemeanor and his license may be suspended or revoked pursuant to the provisions of the Liquor Control Act. 1