FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 39-4-15 — NM Code / Chapter 39 / Article 4 / Section 39-4-15
§ 39-4-15. Pleading claim of exemption
Status: in_force

The defendant, if he desires to claim such real estate or any part thereof as an exemption allowed by law, shall set up his claim of exemption by answer in such foreclosure suit.
N.M. Stat. § 3-61-3.1 — NM Code / Chapter 3 / Article 61 / Section 3-61-3.1
§ 3-61-3.1. Eminent domain; restriction
Status: in_force

A metropolitan water board shall not use the power of eminent domain or dominant eminent domain to condemn the private property of the primary privately owned water company serving a municipality in the area in which a metropolitan water board has jurisdiction.
N.M. Stat. § 26-2C-41 — NM Code / Chapter 26 / Article 2C / Section 26-2C-41
§ 26-2C-41. Indian nations, tribes and pueblos; intergovernmental agreements
Status: in_force

A. The department may enter into one or more intergovernmental agreements with any tribal government to efficiently coordinate the cross-jurisdictional administration of the laws of this state and the laws of tribal governments relating to the use of cannabis products set forth in the Cannabis Regulation Act and the Lynn and Erin Compassionate Use Act. The agreements may include, without limitation, provisions relating to:

(1) criminal and civil law enforcement;

(2) regulatory issues relating to the possession, delivery, production, processing or use of cannabis products;

(3) the administration of laws relating to taxation;

(4) any immunity, preemption or conflict of law relating to the possession, delivery, production, processing or use of cannabis products; and

(5) the resolution of any disputes between a tribal government and the state, which may include, without limitation, the use of mediation or other nonjudicial processes.

B. An agreement entered into pursuant to this section shall:

(1) provide for the preservation of public health and safety;

(2) ensure the security of cannabis establishments and the corresponding facilities on tribal land;

(3) establish provisions regulating business involving cannabis that passes between tribal land and non-tribal land in New Mexico; and

(4) be negotiated in good faith, which shall respect and protect state and tribal sovereign immunity.

C. As used in this section, “ tribal government ” means a federally recognized Indian nation, tribe or pueblo located wholly or partially in the state.
N.M. Stat. § 58-21-15 — NM Code / Chapter 58 / Article 21 / Section 58-21-15
§ 58-21-15. Investigations by director
Status: in_force

A. The director may make any public or private investigation, within or outside of this state, as the director finds necessary to determine whether a person has violated or is about to violate the Mortgage Loan Company Act or any rule or order of the director under that act or to aid in enforcement of that act or in the rules under that act.

B. The director may publish information concerning a violation of the Mortgage Loan Company Act or a rule or order of the director under that act or concerning mortgage loan activities of persons that may operate as a fraud or deceit.
N.M. Stat. § 1-13-2 — NM Code / Chapter 1 / Article 13 / Section 1-13-2
§ 1-13-2. Post-election duties; missing returns
Status: in_force

A. If at the time the county canvassing board meets it appears that a precinct board has not delivered the election returns to the county clerk, the county canvassing board shall immediately issue a summons to bring before it the delinquent precinct board together with the missing election returns. The summons shall be served by the sheriff, without cost to the county, and the members of the precinct board shall not be paid for their service on election day.

B. If within ten days after the date of the election the secretary of state has not received the election returns of any precinct, the secretary of state may send a special messenger to the county and precinct to secure and convey the missing returns to the secretary of state.
N.M. Stat. § 3-4-2 — NM_STATUTES Code / Chapter 3 / Article 4 / Section 3-4-2
§ 3-4-2. Disincorporation; ballots
Status: in_force

The form of the ballot shall be:

“For the disincorporation of․․․․․․․․․․․․․․․․․․․․․․․․․․․

(insert name of municipality) ☐ and

Against the disincorporation of․․․․․․․․․․․․․․․․․․․․․․․․

(insert name of municipality) ☐.”
N.M. Stat. § 5-8-19 — NM Code / Chapter 5 / Article 8 / Section 5-8-19
§ 5-8-19. Hearing on land use assumptions
Status: in_force

To impose an impact fee, a municipality or county shall schedule and publish notice of a public hearing to consider land use assumptions within the designated service area that will be used to develop the capital improvements plan.
N.M. Stat. § 77-11-4 — NM Code / Chapter 77 / Article 11 / Section 77-11-4
§ 77-11-4. Effect of filing contract
Status: in_force

Every such partido or herding contract filed in accordance with the provisions of this act 1 shall have the full force and effect given to the recording of an instrument affecting real estate.
N.M. Stat. § 73-9-26 — NM Code / Chapter 73 / Article 9 / Section 73-9-26
§ 73-9-26. Tax levy
Status: in_force

It shall be the duty of the county commissioners of the county in which is located the office of any irrigation district, immediately upon receipt of the said certified list of the lands in said district subject to tax hereunder, and upon the receipt of the certificate of said board of directors certifying the total amount of money required to be raised for maintenance, operating and current expenses, as herein provided, to make an ad valorem levy thereupon, such as may be necessary to provide the amount of money required to pay the interest upon and principal of the bonds of said district as the same shall become due; also to fix the specific tax per acre necessary to provide the amount of money required for any other purpose as in this act provided, and which are to be raised by the levy of taxes upon the lands of said district; and to certify said respective levies to the county commissioners of each other county embracing any portion of said district. The rate of levy of ad valorem and specific tax necessary to raise the required amount of money for said district, shall be increased not less than fifteen nor more than twenty-five percent to cover delinquencies and such percentage shall be determined by the board of county commissioners and certified by it to the county assessor of any county embracing the whole or a part of any irrigation district. For the purposes of said district it shall be the duty of the county commissioners of each county in which any irrigation district is located in whole or in part, at the time of making levy for county purposes, to make a levy, as above provided, upon all the lands in said district within their respective counties, subject to taxation under this act, and to deliver a notice to the county assessor thereof.
N.M. Stat. § 6-3A-7 — NM Code / Chapter 6 / Article 3A / Section 6-3A-7
§ 6-3A-7. Performance-based program budget requests
Status: in_force

A. The division, in consultation with the committee, shall develop instructions for those agencies required to submit performance-based program budget requests. The instructions shall be sent to the agencies on or before June 15 of each year and shall be in addition to any other forms required by Section 6-3-18 NMSA 1978 . The instructions shall require that performance-based program budget requests contain the following:

(1) a summary of each approved program, including a justification for the program;

(2) for each approved program, an evaluation of the agency's progress in meeting the performance targets. The evaluation shall be developed as prescribed in the budget instructions;

(3) for each approved program, the outputs, outcomes, baseline data, performance measures and historic and proposed performance targets;

(4) if a performance audit has been conducted on an approved program during either the present or any of the immediately preceding two fiscal years, any responses that the agency may have to the audit and any actions that the agency has taken as a result of the audit;

(5) the results of the program inventory pursuant to Section 5 of this 2019 act and a summary of how the agency has prioritized evidence-based, research-based or promising sub-programs within its performance-based program budget request; and

(6) any other information that the division believes may be useful to the division or the legislature in developing a budget for the agency.

B. On or before September 1 of each year, each agency shall submit a performance-based program budget request to the division and the committee in the form and manner prescribed in the budget instructions. Budget requests submitted pursuant to this section shall be in lieu of those required by Section 6-3-19 NMSA 1978 .
N.M. Stat. § 32A-1-17 — NM_STATUTES Code / Chapter 32A / Article 1 / Section 32A-1-17
§ 32A-1-17. Appeals
Status: in_force

A. Any party may appeal from a judgment of the court to the court of appeals in the manner provided by law. The appeal shall be heard by the court of appeals upon the files, records and transcript of the evidence of the court. Absent an order of the appellate court, files and records that are required to be kept confidential and closed to the public, pursuant to any provision of the Children's Code shall be kept confidential and closed to the public on appeal.

B. The appeal to the court of appeals does not stay the judgment appealed from, but the court of appeals may order a stay upon application and hearing consistent with the provisions of the Children's Code if suitable provision is made for the care and custody of the child. If the order appealed from grants the legal custody of the child to or withholds it from one or more of the parties to the appeal, the appeal shall be heard at the earliest practicable time.

C. If the court of appeals does not dismiss the petition and order the child released, it shall affirm the court's judgment or it shall modify the court's judgment and remand the child to the jurisdiction of the court for disposition consistent with the appellate court's decision on the appeal. Any party may appeal to the supreme court in the manner provided by law.

D. A child who has filed notice of appeal shall be furnished a transcript of the proceedings, or as much of it as is requested, without cost upon the filing of an affidavit that the child or the person who is legally responsible for the care and support of the child is financially unable to purchase the transcript.

E. Appeals from the court to the court of appeals shall proceed in accordance with time limits to be established by the supreme court.

F. Appeals from a tribal court order shall proceed pursuant to tribal law to an appropriate tribal court.
N.M. Stat. § 5-5-22 — NM_STATUTES Code / Chapter 5 / Article 5 / Section 5-5-22
§ 5-5-22. Publication of authorizing proceedings; effect; right to contest legality; time limitation
Status: in_force

The governing body may provide for the publication once in a newspaper of general circulation in the municipality of any proceedings adopted by the governing body ordering the issuance of any bonds. For a period of thirty days after the date of such publication, any person in interest shall have the right to contest the legality of any bond which may be authorized thereby (except for any bond delivered for value, containing a recital therein that it is issued under authority of this act and thus being incontestable for any cause whatsoever, as herein provided), and of the provisions made for the security and payment of any such bonds and of any other provisions in such proceedings; and after the expiration of such thirty-day period no one shall have any cause of action to contest the regularity, formality or legality thereof for any cause whatsoever.
N.M. Stat. § 28-10-8 — NM_STATUTES Code / Chapter 28 / Article 10 / Section 28-10-8
§ 28-10-8. Administrative attachment
Status: in_force

The governor's commission on disability is administratively attached, as defined in the Executive Reorganization Act, 1 to the department of finance and administration.
N.M. Stat. § 1-22-1 — NM Code / Chapter 1 / Article 22 / Section 1-22-1
§ 1-22-1. Short title
Status: in_force

Chapter 1, Article 22 NMSA 1978 may be cited as the “Local Election Act”.
N.M. Stat. § 26-1-1 — NM Code / Chapter 26 / Article 1 / Section 26-1-1
§ 26-1-1. Short title
Status: in_force

Chapter 26, Article 1 NMSA 1978 may be cited as the “New Mexico Drug, Device and Cosmetic Act”.
N.M. Stat. § 12-6-4 — NM Code / Chapter 12 / Article 6 / Section 12-6-4
§ 12-6-4. Auditing costs
Status: in_force

The reasonable cost of all audits shall be borne by the agency audited, except that:

A. a public housing authority other than a regional housing authority shall not bear the cost of an audit conducted solely at the request of its local primary government entity; and

B. the administrative office of the courts shall bear the cost of auditing the magistrate courts. A metropolitan court shall be treated as a single agency for the purpose of audit and shall be audited as a unit, and the cost of the audit shall be paid from the appropriation to the metropolitan court. The district courts of all counties within a judicial district shall be treated as a single agency for the purpose of audit and shall be audited as a unit, and the cost of the audit shall be paid from the appropriation to each judicial district. The court clerk trust account and the state treasurer account of each county's district court shall be included within the scope of the judicial district audit.
N.M. Stat. § 59A-37-13 — NM Code / Chapter 59A / Article 37 / Section 59A-37-13
§ 59A-37-13. Materiality
Status: in_force

No information need be disclosed on the registration statement filed pursuant to Sections 59A-37-4 and 59A-37-5 NMSA 1978 if such information is not material for the purposes of Sections 59A-37-1 through 59A-37-19 NMSA 1978 . Unless the superintendent by rule, regulation or order provides otherwise, sales, purchases, exchanges, loans or extensions of credit, investments or guarantees involving one-half of one percent or less of an insurer's admitted assets as of the most recent December 31 shall not be deemed material for the purposes of such section.
N.M. Stat. § 15-3B-23 — NM_STATUTES Code / Chapter 15 / Article 3B / Section 15-3B-23
§ 15-3B-23. Authorization to acquire property
Status: in_force

A. In order to acquire the following property in Santa Fe county for use as state agency offices, the facilities management division of the general services department may purchase and renovate, equip and furnish the educational retirement board building on camino de los Marquez in Santa Fe for use by the public regulation commission.

B. The acquisition of property pursuant to Subsection A of this section shall be made at a price not to exceed the value of the property established by the taxation and revenue department using generally accepted appraisal techniques for the type of property purchased.
N.M. Stat. § 24-2D-3 — NM Code / Chapter 24 / Article 2D / Section 24-2D-3
§ 24-2D-3. Disciplinary action; evidentiary requirements
Status: in_force

A. A health care provider who prescribes, dispenses or administers medical treatment for the purpose of relieving pain and who can demonstrate by reference to an accepted guideline that the provider's practice substantially complies with that guideline and with the standards of practice identified in Section 24-2D-4 NMSA 1978 shall not be disciplined pursuant to board action or criminal prosecution, unless the showing of substantial compliance with an accepted guideline by the health care provider is rebutted by clinical expert testimony. If no currently accepted guidelines are available, then rules issued by the board may serve the function of such guidelines for purposes of the Pain Relief Act. The board rules shall conform to the intent of that act. Guidelines established primarily for purposes of coverage, payment or reimbursement do not qualify as an “accepted guideline” when offered to limit treatment options otherwise covered within the Pain Relief Act.

B. In the event that a disciplinary action or criminal prosecution is pursued, the board or prosecutor shall produce clinical expert testimony supporting the finding or charge of violation of disciplinary standards or other legal requirements on the part of the health care provider. A showing of substantial compliance with an accepted guideline shall only be rebutted by clinical expert testimony.

C. The provisions of this section apply to health care providers in the treatment of pain, regardless of a patient's prior or current chemical dependency or addiction. Each board shall adopt rules establishing standards and procedures for the application of the Pain Relief Act, including pain management for patients with substance use disorders.

D. In an action brought by a board against a health care provider based on treatment of a patient for pain, the board shall consider the totality of the circumstances and shall not use as the sole basis of the action:

(1) a patient's age;

(2) a patient's diagnosis;

(3) a patient's prognosis;

(4) a patient's history of drug abuse;

(5) the absence of consultation with a pain specialist; or

(6) the quantity of medication prescribed or dispensed.
N.M. Stat. § 6-6-18 — NM Code / Chapter 6 / Article 6 / Section 6-6-18
§ 6-6-18. Current year; disposition of funds
Status: in_force

All money collected from the tax schedule of any one year for county purposes or that should have been collected for that year for that purpose, whether it was placed on the tax schedule or not, except money collected for that year from assessments made for some special purpose and except for money deposited pursuant to the provisions of Section 6-6-19 NMSA 1978 , shall constitute the fund for the current year.
N.M. Stat. § 1-3A-2 — NM Code / Chapter 1 / Article 3A / Section 1-3A-2
§ 1-3A-2. Definitions
Status: in_force

As used in the Redistricting Act:

A. “ committee ” means the citizen redistricting committee;

B. “ community of interest ” means a contiguous population that shares common economic, social or cultural interests;

C. “ district plan ” means an entire plan of single-member districts for electing members to the United States house of representatives, the state house of representatives, the state senate or other state offices requiring redistricting;

D. “ lobbyist ” means a person who is required to register as a lobbyist pursuant to the provisions of the Lobbyist Regulation Act;

E. “ political party ” means a political party that has been qualified in accordance with the provisions of the Election Code; and

F. “ public official ” means a person elected to an office of the executive or legislative branch of the state.
N.M. Stat. § 34-6-17 — NM_STATUTES Code / Chapter 34 / Article 6 / Section 34-6-17
§ 34-6-17. Judges; principal offices
Status: in_force

The principal office of each district judge shall be at the county seat of a county within the judicial district as provided by rule of the district court. When the convenience of the public can be better served by establishment of an additional office within the county, this may be provided by rule of the district court.
N.M. Stat. § 47-8-1 — NM Code / Chapter 47 / Article 8 / Section 47-8-1
§ 47-8-1. Short title
Status: in_force

Sections 47-8-1 through 47-8-51 NMSA 1978 may be cited as the “Uniform Owner-Resident Relations Act”.
N.M. Stat. § 3-29-19.1 — NM_STATUTES Code / Chapter 3 / Article 29 / Section 3-29-19.1
§ 3-29-19.1. Bylaws
Status: in_force

A. Members shall adopt bylaws by no less than a majority vote of a quorum of the membership of the association setting forth:

(1) the name of the association;

(2) the requirement of an association seal;

(3) the fiscal year of the association;

(4) guidelines for membership, which shall include the sentence “ Membership shall not be denied because of the applicant's race, color, creed, national origin or sex.”;

(5) guidelines for meetings of the membership, which shall include the date or time period of a membership meeting, required notice of a meeting, establishment of a quorum and the order of business to be conducted at a meeting of the membership;

(6) the functions of the board of directors, including a conflict of interest policy for the board;

(7) the duties of officers of the board of directors; and

(8) provisions for the board of directors to establish rules to govern the day-to-day operations of the project, including a code of conduct for staff and provisions to establish an annual budget, rate structure, assessments and reserve funds.

B. The bylaws, or any amendment thereof made as provided in Section 3-29-19 NMSA 1978 , may also contain provisions not inconsistent with the Sanitary Projects Act or other law of this state that the organizers may choose to insert for the regulation and conduct of the business and affairs of the association.

C. The department may prescribe by rule guidelines for bylaws and rules of an association.
N.M. Stat. § 1-6B-7 — NM_STATUTES Code / Chapter 1 / Article 6B / Section 1-6B-7
§ 1-6B-7. Transmission of unvoted military-overseas ballots to federal qualified electors
Status: in_force

A. Not later than forty-five days before an election, even if the forty-fifth day before an election falls on a weekend or a holiday, the county clerk shall transmit a ballot and balloting materials to all federal qualified electors who by that date submit a valid military-overseas ballot application.

B. The county clerk shall transmit a ballot and balloting materials as soon as practicable when the ballot application from a federal qualified elector arrives after the forty-fifth day before the election and before absentee ballots are transmitted to other voters pursuant to the Absent Voter Act. 1

C. The county clerk shall transmit a ballot and balloting materials in accordance with the procedures for processing of all other absentee ballot applications for that jurisdiction when the ballot application from a federal qualified elector arrives after the county clerk has begun transmitting ballots and balloting materials to other voters.

D. A federal qualified elector may request that the ballot and balloting materials be sent by secured electronic transmission available to the county clerk where the ballot and balloting materials are sent directly by the clerk to the federal qualified elector. The clerk shall determine the most reasonable expedited means of delivery for a ballot and balloting materials for a federal qualified elector who does not request secured electronic transmission.
N.M. Stat. § 72-15-28 — NM Code / Chapter 72 / Article 15 / Section 72-15-28
§ 72-15-28. Ratification and approval
Status: in_force

The ratification and approval of said compact by this state shall not be binding or obligatory until it shall have been likewise approved by the legislatures of the states of Arizona, Colorado, Utah and Wyoming, and approved by the congress of the United States of America.