FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 72-12-16 — NM Code / Chapter 72 / Article 12 / Section 72-12-16
§ 72-12-16. Violation of act or rules and regulations; penalty
Status: in_force

Any person violating any provision of this act or of the rules and regulations of the state engineer promulgated in pursuance hereof, shall be guilty of a misdemeanor, and upon conviction, shall be fined in a sum of not less than $25.00 nor more than $250.00 for each offense. Each and every day that any such violation shall continue, shall be construed a separate offense for the purpose of this section.
N.M. Stat. § 29-16-10 — NM_STATUTES Code / Chapter 29 / Article 16 / Section 29-16-10
§ 29-16-10. Expungement of samples and DNA records from the DNA identification system and CODIS
Status: in_force

A. A person may request expungement of the person's sample and DNA records from the DNA identification system on the following grounds:

(1) the conviction that led to the inclusion of the sample has been reversed; or

(2) the arrest that led to the inclusion of the sample has:

(a) resulted in a felony charge that has been resolved by a dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or

(b) not resulted in a felony charge within one year of arrest.

B. The administrative center shall expunge a person's sample and DNA records from the DNA identification system when the person provides the administrative center with the following materials:

(1) a written request for expungement of the sample and DNA records; and

(2) a certified copy of a court order that reverses the conviction that led to the inclusion of the sample; or

(3) for samples included pursuant to arrest:

(a) a certified copy of the dismissal, nolle prosequi, successful completion of a pre-prosecution diversion program or a conditional discharge, misdemeanor conviction or acquittal; or

(b) a sworn affidavit that no felony charges arising out of the arrest have been filed within one year.

C. When a person's sample and DNA records are expunged from the DNA identification system, the head of the administrative center shall ensure that the person's sample and DNA records are expunged from CODIS.

D. The administrative center shall not expunge a person's sample and DNA records from the DNA identification system if the person has a prior felony conviction or a pending felony charge for which collection of a sample is authorized pursuant to the provisions of the DNA Identification Act.
N.M. Stat. § 60-2D-6 — NM Code / Chapter 60 / Article 2D / Section 60-2D-6
§ 60-2D-6. Employees
Status: in_force

The commission shall hire an executive secretary and such other employees as are necessary to its duties, at salaries to be set by the commission.
N.M. Stat. § 5-14-14 — NM_STATUTES Code / Chapter 5 / Article 14 / Section 5-14-14
§ 5-14-14. Refunding bonds
Status: in_force

A. A qualified municipality having issued revenue bonds as authorized in the Civic and Convention Center Funding Act may issue refunding revenue bonds payable from pledged revenues authorized for the payment of revenue bonds at the time of the refunding or at the time of the issuance of the bonds being refunded as the governing body of the qualified municipality may determine, notwithstanding that the revenue sources or the pledge of such revenues or both are thereby modified.

B. Refunding bonds may be issued for the purpose of refinancing, paying and discharging all or a part of outstanding bonds of any one or more outstanding bond issues:

(1) for the acceleration, deceleration or other modification of the payment of the obligations, including any capitalization of any interest in arrears or about to become due for any period not exceeding one year from the date of the refunding bonds;

(2) for the purpose of reducing interest costs or effecting other economies;

(3) for the purpose of modifying or eliminating restrictive contractual limitations pertaining to the issuance of additional bonds or otherwise concerning the outstanding bonds; or

(4) for any combination of the purposes specified in Paragraphs (1) through (3) of this subsection.

C. The interest on a bond refunded shall not be increased to a rate in excess of the rate authorized in the Public Securities Act and shall be paid as authorized in that act.

D. Refunding bonds for any other purpose permitted by the Civic and Convention Center Funding Act may be issued separately or issued in combination in one series or more.

E. Except as otherwise provided in the Civic and Convention Center Funding Act, refunding bonds authorized in that act shall be issued in accordance with the provisions of Sections 3-31-10 and 3-31-11 NMSA 1978 .
N.M. Stat. § 69-3-13 — NM Code / Chapter 69 / Article 3 / Section 69-3-13
§ 69-3-13. Alteration, removal or destruction of location marks or notice; penalty
Status: in_force

Any person who shall take down, remove, alter or destroy any stake, post, monument or notice of location upon any mining claim without the consent of the owner or owners thereof shall be deemed guilty of a misdemeanor, and on conviction, shall be punished by a fine not exceeding one hundred dollars [($100)] or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment.
N.M. Stat. § 59A-44-42 — NM Code / Chapter 59A / Article 44 / Section 59A-44-42
§ 59A-44-42. Severability
Status: in_force

If any provision of Chapter 59A, Article 44 NMSA 1978 or the application of such provision to any circumstance is held invalid, the remainder of the article or the application of the provision to other circumstances shall not be affected thereby.
N.M. Stat. § 19-13-11.1 — NM_STATUTES Code / Chapter 19 / Article 13 / Section 19-13-11.1
§ 19-13-11.1. Leases; stipulation; rental; royalty
Status: in_force

The owner or owners of any geothermal resources lease or approved assignment thereof, heretofore issued by the commissioner, which lease has not automatically expired by its own terms or which has not been canceled after proper notice by the commissioner and which has otherwise been maintained in good standing, may enter into a stipulation with the commissioner of public lands making the terms and conditions of Sections 19-13-7 and 19-13-11 NMSA 1978 a part of such existing lease, the same as if the provisions had been a part of the lease when issued. In such case, the rentals, royalties and fees shall be computed as follows:

A. rentals shall be computed for the remainder of the primary term of the lease at one dollar ($1.00) per acre or fraction thereof per year, payable in advance, and for the secondary term of the lease at five dollars ($5.00) per acre or fraction thereof per year, payable in advance;

B. royalties shall be payable as provided in the lease being stipulated; provided, however, if at the time of entering into the stipulation the acreage has been included in a known geothermal resource field and if the commissioner has established a higher rate for such area, then the royalties shall be payable at the higher rates so established; and

C. the commissioner may charge a fee of ten dollars ($10.00) for the approval, filing and recording of such stipulation.
N.M. Stat. § 6-21D-10 — NM Code / Chapter 6 / Article 21D / Section 6-21D-10
§ 6-21D-10. Annual report required
Status: in_force

No later than December 1 of each year, the department shall report to the legislature and to the governor on its activities during the previous fiscal year in administering the provisions of the Energy Efficiency and Renewable Energy Bonding Act. The report shall include:

A. details concerning all payments made for the installation of energy efficiency measures;

B. details concerning all expenditures made in administering the provisions of the Energy Efficiency and Renewable Energy Bonding Act;

C. a list of all buildings on which an energy efficiency assessment has been performed and the buildings in which energy efficiency measures were installed;

D. details showing how the energy cost savings were calculated;

E. an analysis of whether the program has been cost-effective;

F. a summary of activities being conducted during the present fiscal year; and

G. any additional information that will assist the legislature and the governor in evaluating the program.
N.M. Stat. § 22-13-15 — NM Code / Chapter 22 / Article 13 / Section 22-13-15
§ 22-13-15. Public school instruction; prohibition; penalty
Status: in_force

A. No person shall teach sectarian doctrine in a public school.

B. Any person violating the provisions of this section by teaching sectarian doctrine in a public school shall be immediately discharged from further employment with a school district. The provisions of Sections 22-10-17 through 22-10-20 NMSA 1978 relating to the discharge of certified school personnel apply to this section.
N.M. Stat. § 7-14A-8 — NM Code / Chapter 7 / Article 14A / Section 7-14A-8
§ 7-14A-8. Deduction; trade-in allowance
Status: in_force

Receipts represented by allowances granted for vehicle trade-ins may be deducted from gross receipts.
N.M. Stat. § 6-3-1 — NM_STATUTES Code / Chapter 6 / Article 3 / Section 6-3-1
§ 6-3-1. State agency defined
Status: in_force

“State agency” means any department, institution, board, bureau, commission, district or committee of government of the state of New Mexico and means every office or officer of any of the above.
N.M. Stat. § 7-32-13 — NM Code / Chapter 7 / Article 32 / Section 7-32-13
§ 7-32-13. Division shall prepare schedules and forward to assessors; assessor shall deliver schedule to treasurer
Status: in_force

By the last day of each month, the division shall prepare and certify a schedule to the respective counties in which production units are located. The schedules shall reflect the accounting of the preceding month and shall list each production unit, and by production unit show the assessed value, taxing district, extension of tax levies, tax payments and other information as the director of the division deems appropriate. The schedules shall be forwarded to the assessors of the respective counties who upon receipt thereof shall accept them as the assessment of property as required in the Oil and Gas Ad Valorem Production Tax Act and shall deliver them to the county treasurer as the oil and gas ad valorem schedule for the county.
N.M. Stat. § 1-12-27.1 — NM Code / Chapter 1 / Article 12 / Section 1-12-27.1
§ 1-12-27.1. Conduct of election; provisional paper ballots; use when polling hours extended; disposition
Status: in_force

A. If polling hours are extended by court order or any other order pursuant to a state law in effect at least ten days before the date of that election, during the extended hours, a voter shall vote only on a provisional paper ballot.

B. A provisional paper ballot cast pursuant to this section shall be separated and held apart from provisional paper ballots cast by those not affected by the order. The ballot shall be counted if:

(1) there is no legal challenge to the order extending polling hours within ten days of the election; or

(2) a legal challenge to the order extending polling hours is not sustained.
N.M. Stat. § 59A-36-8 — NM Code / Chapter 59A / Article 36 / Section 59A-36-8
§ 59A-36-8. Regulations
Status: in_force

The superintendent may make such rules and regulations as he deems advisable for execution of functions vested in him under this article, and may for such purpose classify domestic stock insurers, securities and other persons or matters within his jurisdiction.
N.M. Stat. § 63-9E-3 — NM Code / Chapter 63 / Article 9E / Section 63-9E-3
§ 63-9E-3. Calls to operator at no charge
Status: in_force

The caller using a pay phone shall be allowed to reach the operator at no charge.
N.M. Stat. § 7-9-56.2 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-56.2
§ 7-9-56.2. Deduction; gross receipts tax; hosting world wide web sites
Status: in_force

Receipts from hosting world wide web sites may be deducted from gross receipts. For purposes of this section, “ hosting ” means storing information on computers attached to the internet.
N.M. Stat. § 74-10-9 — NM Code / Chapter 74 / Article 10 / Section 74-10-9
§ 74-10-9. Decision of the special district commission
Status: in_force

The decision of the county special district commission shall be in accordance with Section 4-53-10 NMSA 1978; provided, however, that the county special district commission shall have the authority to modify the boundaries of the proposed solid waste authority and shall, in any decision approving the solid waste authority include a legal description of the boundaries of the authority.
N.M. Stat. § 7-1-18 — NM Code / Chapter 7 / Article 1 / Section 7-1-18
§ 7-1-18. Limitation on assessment by department
Status: in_force

A. Except as otherwise provided in this section, no assessment of tax may be made by the department after three years from the end of the calendar year in which payment of the tax was due, and no proceeding in court for the collection of such tax without the prior assessment thereof shall be begun after the expiration of such period.

B. In case of a false or fraudulent return made by a taxpayer with intent to evade tax, the amount thereof may be assessed at any time within ten years from the end of the calendar year in which the tax was due, and no proceeding in court for the collection of such tax without the prior assessment thereof shall be begun after the expiration of such period.

C. In case of the failure by a taxpayer to complete and file any required return, the tax relating to the period for which the return was required may be assessed at any time within seven years from the end of the calendar year in which the tax was due, and no proceeding in court for the collection of such tax without the prior assessment thereof shall be begun after the expiration of such period.

D. If a taxpayer in a return understates by more than twenty-five percent the amount of liability for any tax for the period to which the return relates, appropriate assessments may be made by the department at any time within six years from the end of the calendar year in which payment of the tax was due.

E. If any adjustment in the basis for computation of any federal tax is made as a result of an audit by the internal revenue service or the filing of an amended federal return or administrative adjustment request changing a prior election or making any other change for which federal approval is required by the Internal Revenue Code that results in liability for any tax, the amount thereof may be assessed at any time, but not after three years from the end of the calendar year in which filing of a federal adjustments report is required by Subsections E through J of Section 7-1-13 NMSA 1978 .

F. If the taxpayer has signed a waiver of the limitations on assessment imposed by this section, an assessment of tax may be made or a proceeding in court begun without regard to the time at which payment of the tax was due.

G. As used in this section:

(1) “ administrative adjustment request ” means “administrative adjustment request” as used in Section 7-1-13 NMSA 1978; and

(2) “ federal adjustments report ” means “federal adjustments report” as used in Section 7-1-13 NMSA 1978 .
N.M. Stat. § 59A-44-18 — NM Code / Chapter 59A / Article 44 / Section 59A-44-18
§ 59A-44-18. Benefits not attachable
Status: in_force

No money or other benefit, charity, relief or aid to be paid, provided or rendered by any society shall be liable to attachment, garnishment or other process, or to be seized, taken, appropriated or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary or any other person who may have a right thereunder, either before or after payment by the society.
N.M. Stat. § 71-8-2 — NM Code / Chapter 71 / Article 8 / Section 71-8-2
§ 71-8-2. Definitions
Status: in_force

As used in the Sustainable Development Testing Site Act:

A. “ permittee ” means a person who holds a testing site permit;

B. “ planning commission ” means a county planning commission appointed pursuant to Section 4-57-1 NMSA 1978; provided that, if no county planning commission has been appointed pursuant to that section, “ planning commission ” means the board of county commissioners;

C. “ sustainable development ” means a live-in environment composed of structures and systems that inherently produce utilities and life-support systems free of existing conventional grids and disposal systems. “ Sustainable development ” includes:

(1) the inherent provision of on-site energy needs via renewable resources;

(2) the inherent provision of water needs while minimizing the withdrawals from ground water and surface water systems in accordance with state water law and the rules and policies of the state engineer;

(3) the inherent provision of sewage treatment needs with zero discharge;

(4) the reuse of materials discarded by modern society; and

(5) the development of organic foods and fuel;

D. “ sustainable development research ” means activities conducted at a sustainable development testing site that test ideas, concepts or inventions designed to lead ultimately to sustainable development;

E. “ sustainable development testing site ” means an area that is:

(1) two acres or less in size;

(2) situated wholly outside the planning and platting jurisdiction of a municipality; and

(3) subject to a testing site permit and existing federal laws and regulations; and

F. “ testing site permit ” means a permit, issued by a planning commission, that designates an area as a sustainable development testing site and specifies:

(1) the sustainable development research that can be conducted within the site by the permittee; and

(2) the county codes, ordinances, rules or permits that are not applicable to the permittee and the research.
N.M. Stat. § 3-4-5 — NM_STATUTES Code / Chapter 3 / Article 4 / Section 3-4-5
§ 3-4-5. Disposition of records after disincorporation; pending business
Status: in_force

All public records and the corporate seal of the disincorporated municipality shall be deposited with the county clerk.
N.M. Stat. § 11-17-1 — NM Code / Chapter 11 / Article 17 / Section 11-17-1
§ 11-17-1. Legislative findings
Status: in_force

The legislature finds that:

A. due to the United States supreme court decision in Strate v. A-1 Contractors , there is uncertainty in the allocation of jurisdiction between the state and a tribe within rights of way granted to the state by a tribe, and all future road projects through tribal land are put in jeopardy of being postponed, delayed or left unresolved;

B. New Mexico has entered into agreements with the Navajo Nation through the state police and various counties to resolve issues of jurisdiction in law enforcement as well as many other areas;

C. New Mexico has traditionally negotiated right-of-way agreements for either a definite term or for the life of the highway;

D. the state land office has negotiated regarding easements permitted through state land, and the terms of those agreements are either for the life of the highway or for a fixed term that is not permitted to exceed thirty-five years;

E. the state highway and transportation department has negotiated and agreed to pay Indian nations for easements through Indian lands in the past;

F. New Mexico wants to foster and develop improved government-to-government relations between the Navajo Nation and the state; and

G. New Mexico desires to resolve the uncertainty presented by the Strate decision regarding jurisdiction within grants of rights of way by the Navajo Nation and to reconcile questions regarding the granting of rights of way through negotiation with the Navajo Nation.
N.M. Stat. § 4-48A-6 — NM Code / Chapter 4 / Article 48A / Section 4-48A-6
§ 4-48A-6. Board of trustees; terms; vacancies; removal
Status: in_force

A. Subject to the requirements of Section 4-48A-3 NMSA 1978 , the board of trustees of a special hospital district shall consist of the greater of five members or a number of members equal to the number of counties which agree to form a special hospital district. In the case of a special hospital district:

(1) included wholly within a county, the members shall be elected at large or from single-member districts as provided in the Special Hospital District Act; or

(2) that includes all or a portion of two or more counties, one member of the board shall be elected from each subdistrict by the qualified electors who reside in that subdistrict and the remainder shall be elected at large by the qualified electors who reside in the special hospital district.

B. Members shall be elected as follows:

(1) for the purposes of the first election of a board of trustees, the board of county commissioners shall designate in its proclamation five positions to be filled so that:

(a) two members shall be elected for an initial term of two years; and

(b) three members shall be elected for an initial term of four years.

Thereafter, all members shall be elected for four-year terms; and

(2) for the purposes of staggering the terms of any nonstaggered terms of a board of trustees elected under the provisions of the Special Hospital District Act, the board of county commissioners may call an election to provide for five positions to be filled so that:

(a) two members shall be elected for an initial term of two years; and

(b) three members shall be elected for an initial term of four years.

Thereafter, all members shall be elected for four-year terms.

C. Vacancies on the board of trustees created by a member elected from a subdistrict or a single-member district shall be filled by the board of county commissioners of the county in which the subdistrict or single-member district is located, and vacancies created by a member elected at large shall be filled by the remaining members of the board of trustees for the remainder of the unexpired term of the member creating the vacancy.

D. Members of the board of trustees shall be suspended or removed from office only as provided in Sections 10-4-1 through 10-4-29 NMSA 1978 or as provided in Section 4-48A-7 NMSA 1978 .
N.M. Stat. § 21-3-8 — NM_STATUTES Code / Chapter 21 / Article 3 / Section 21-3-8
§ 21-3-8. Duties of board officers
Status: in_force

The president of each board shall preside at all meetings thereof and shall sign the proceedings of the same, and shall sign all orders directed by the board to be drawn upon the treasurer thereof for the payment of money. In the absence of the president at any meeting of the board, the members present shall elect a president pro tem. The secretary of the board shall have charge of the records, books and papers belonging to such board, and shall keep a record of the proceedings of such board and shall issue and attest all orders directed by the board to be drawn upon the treasurer of the same for the payment of money. Such secretary, as treasurer, shall have the care and custody of all moneys belonging to such school, and he shall pay out the same only upon orders drawn upon him by direction of the board of regents and signed by the president thereof; and at each regular meeting of such board such treasurer shall submit to the same a statement showing a full account of the condition of financial affairs of such school.
N.M. Stat. § 49-1-18 — NM Code / Chapter 49 / Article 1 / Section 49-1-18
§ 49-1-18. Construction
Status: in_force

Sections 49-1-1 through 49-1-18 NMSA 1978 shall not be construed as applying to any land grant-merced that is managed or controlled in any manner other than that provided in Section 49-1-2 NMSA 1978 .