FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 9-19-12 — NM_STATUTES Code / Chapter 9 / Article 19 / Section 9-19-12
§ 9-19-12. Sexual assault examination kit processing grant program; powers and duties; sexual assault examination kit processing grant fund created
Status: in_force

A. As used in this section:

(1) “ department ” means the department of public safety; and

(2) “ grant program ” means the sexual assault examination kit processing grant program established pursuant to this section.

B. The department shall establish and administer a grant program to award funds to state and local law enforcement agencies for the processing of sexual assault examination kits.

C. Grant funds may be used only for the processing by a state or municipal crime laboratory of biological evidence that was collected in relation to a sexual assault.

D. The department:

(1) shall establish:

(a) grant program application procedures;

(b) guidelines for the grant amounts to be awarded; and

(c) criteria for evaluating grant program applications; and

(2) may establish additional eligibility criteria for grant program applications.

E. Annually, on or before January 1, the department shall provide a report to the taxation and revenue department detailing the results and performance of the grant program.

F. The “sexual assault examination kit processing grant fund” is created in the state treasury. The fund consists of voluntary tax refund contributions, gifts, grants and donations. Balances remaining in the fund at the end of a fiscal year shall not revert to any other fund. The department shall administer the fund, and money in the fund is subject to appropriation by the legislature to the department to administer the grant program. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety or the secretary's authorized representative.

G. A person may make a gift or donation to the sexual assault examination kit processing grant fund through the department.
N.M. Stat. § 24-1-10 — NM_STATUTES Code / Chapter 24 / Article 1 / Section 24-1-10
§ 24-1-10. Pregnancy; serological test for syphilis
Status: in_force

A. Every physician examining a pregnant woman for conditions relating to her pregnancy during the period of gestation or at delivery or both shall take or cause to be taken a sample of blood of such woman at the time of first examination.

B. All such blood samples shall be submitted to the state public health laboratory for a standard serological test for syphilis.

C. The standard serological test shall be a test for syphilis approved by the director of the department. Such serological tests shall be made on request without charge by the department.
N.M. Stat. § 2-18-4 — NM Code / Chapter 2 / Article 18 / Section 2-18-4
§ 2-18-4. Subcommittees
Status: in_force

A. Subcommittees shall be created only by majority vote of all members appointed to the corrections oversight committee and with the prior approval of the New Mexico legislative council. A subcommittee shall be composed of at least one member from the senate and one member from the house of representatives, and at least one member of the minority party shall be a member of the subcommittee.

B. All meetings and expenditures of a subcommittee shall be approved by the full corrections oversight committee in advance of subcommittee meetings or expenditures, and the approval shall be shown in the minutes of the committee.
N.M. Stat. § 72-19-3 — NM Code / Chapter 72 / Article 19 / Section 72-19-3
§ 72-19-3. Decision of board or governing body final
Status: in_force

The action and decision of the board as to all matters passed upon by it in relation to any action, matter or thing provided in the Southern Sandoval County Arroyo Flood Control Act shall be final and conclusive unless arbitrary, capricious or fraudulent.
N.M. Stat. § 59A-17-36 — NM Code / Chapter 59A / Article 17 / Section 59A-17-36
§ 59A-17-36. Rate filing; failure to submit data; penalty
Status: in_force

A. An insurer or advisory organization that makes a rate filing under the Insurance Rate Regulation Law and fails, without reasonable cause, to provide the data requested by the superintendent within thirty working days from the date of the request shall be subject to an administrative penalty as provided in Section 59A-1-18 NMSA 1978 .

B. The superintendent may, for good cause shown, grant an extension of the thirty-day time period provided for in Subsection A of this section.

C. The insurer or advisory organization may, within ten days after entry of the order, request a hearing before the superintendent as provided in Section 59A-17-34 NMSA 1978 .
N.M. Stat. § 61-16-13 — NM Code / Chapter 61 / Article 16 / Section 61-16-13
§ 61-16-13. Persons disqualified
Status: in_force

No person shall be granted a license, if he or any of his agents, principals or employees:

A. has been convicted of a violation of this act or of Sections 61-16-1 and 61-16-2 NMSA 1978;

B. has had a license issued under this act revoked;

C. has held a jewelry auction sale within thirty (30) days prior to the date given in the application for the beginning of the sale sought to be licensed.
N.M. Stat. § 20-12-49 — NM Code / Chapter 20 / Article 12 / Section 20-12-49
§ 20-12-49. Murder
Status: in_force

Any person subject to Chapter 20 NMSA 1978 who, without justification or excuse, unlawfully kills a human being, when he:

A. has a premeditated design to kill;

B. intends to kill or inflict great bodily harm;

C. is engaged in an act which is inherently dangerous to others and evinces a wanton disregard of human life; or

D. is engaged in the perpetration or attempted perpetration of burglary, sodomy, rape, robbery or aggravated arson;

is guilty of murder, and shall suffer punishment as a court-martial may direct, except that if found guilty under Subsection A or D of this section, he shall suffer death or imprisonment for life as a court-martial may direct.
N.M. Stat. § 68-2-12 — NM Code / Chapter 68 / Article 2 / Section 68-2-12
§ 68-2-12. Acquisition and disposition of land by division
Status: in_force

The division is authorized, with the approval of the commissioner of public lands, to acquire land or interest in land, either by gift or by purchase, title to which shall be taken in the name of the state of New Mexico. Land or interest in land no longer needed may be disposed of as provided by law.
N.M. Stat. § 25-2-19 — NM_STATUTES Code / Chapter 25 / Article 2 / Section 25-2-19
§ 25-2-19. New Mexico public health laboratory to serve as testing laboratory
Status: in_force

The New Mexico public health laboratory shall serve as the testing laboratory for samples collected for examination pursuant to the provisions of this act.
N.M. Stat. § 33-2-13 — NM Code / Chapter 33 / Article 2 / Section 33-2-13
§ 33-2-13. Physician, physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice; rules; prisoner's disability; records
Status: in_force

A physician or a physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice, when visiting the penitentiary of New Mexico, shall conform to its rules and regulations. The physician or the physician assistant, advanced practice registered nurse or certified nurse-midwife working within that person's scope of practice shall express no opinion as to the disability of any prisoner except in records kept in the penitentiary.
N.M. Stat. § 1-21A-9 — NM_STATUTES Code / Chapter 1 / Article 21A / Section 1-21A-9
§ 1-21A-9. Emergency situations
Status: in_force

If the president, governor or governing body of an Indian nation, tribe or pueblo has declared a state of emergency or has invoked emergency powers pursuant to other laws:

A. a polling place located on the Indian nation, tribal or pueblo land shall not be eliminated or consolidated with other polling places, nor shall the days and times of voting be modified, without the written agreement of the Indian nation, tribe or pueblo;

B. no later than ninety-eight days before a statewide election by means of a written request or no later than forty-nine days before a statewide election with a court order, the county clerk shall provide to an Indian nation, tribe or pueblo that has not previously requested for that election cycle at least one alternate voting or mobile alternate voting location for that election; provided that the alternate voting or mobile alternate voting location shall otherwise comply with the requirements of Section 1-21A-6 NMSA 1978;

C. no later than eighty-four days before a statewide election by means of a written request or no later than thirty-five days before a statewide election with a court order, the county clerk shall provide an election day polling place to an Indian nation, tribe or pueblo that does not already have an election day polling place within its boundaries if voters registered within the Indian nation, tribe or pueblo are unable to leave the Indian nation, tribe or pueblo during the time when voting occurs for a statewide election; and

D. the requirement that a polling place be available to all voters in the county shall be waived if an Indian nation, tribe or pueblo is inaccessible or the borders are closed.
N.M. Stat. § 44-6-5 — NM Code / Chapter 44 / Article 6 / Section 44-6-5
§ 44-6-5. Contract construction
Status: in_force

A contract may be construed either before or after there has been a breach thereof.
N.M. Stat. § 57-12-8 — NM Code / Chapter 57 / Article 12 / Section 57-12-8
§ 57-12-8. Restraint of prohibited acts; remedies for violations
Status: in_force

A. Whenever the attorney general has reasonable belief that any person is using, has used or is about to use any method, act or practice which is declared by the Unfair Practices Act to be unlawful, and that proceedings would be in the public interest, he may bring an action in the name of the state alleging violations of the Unfair Practices Act. The action may be brought in the district court of the county in which the person resides or has his principal place of business or in the district court in any county in which the person is using, has used or is about to use the practice which has been alleged to be unlawful under the Unfair Practices Act. The attorney general acting on behalf of the state of New Mexico shall not be required to post bond when seeking a temporary or permanent injunction in such action.

B. In any action filed pursuant to the Unfair Practices Act, including an action with respect to unimproved real property, the attorney general may petition the district court for temporary or permanent injunctive relief and restitution.
N.M. Stat. § 57-30-4 — NM Code / Chapter 57 / Article 30 / Section 57-30-4
§ 57-30-4. Information provided by seller
Status: in_force

A. A person attempting to sell regulated material to a secondhand metal dealer shall:

(1) display to the secondhand metal dealer the person's personal identification document;

(2) sign a written statement provided by the secondhand metal dealer that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale;

(3) provide to the secondhand metal dealer the year, make, model and license plate number of the motor vehicle used to transport the regulated material; and

(4) allow the secondhand metal dealer to take a photograph of the seller and the regulated material.

B. The secondhand metal dealer or the dealer's agent shall visually verify the accuracy of the personal identification document and vehicle identification presented by the seller at the time of the dealer's purchase of regulated material.
N.M. Stat. § 6-12A-10 — NM_STATUTES Code / Chapter 6 / Article 12A / Section 6-12A-10
§ 6-12A-10. Expenses
Status: in_force

The expenses incurred by the state treasurer related to the issuance and sale of anticipation notes shall be paid out of the proceeds from the sale of the anticipation notes, and all rebate, penalty, interest and other obligations of the state related to the anticipation notes and anticipation notes proceeds under the Internal Revenue Code of 1986, as amended, shall be paid from the earnings on anticipation notes proceeds or any money of the state legally available for such payment.
N.M. Stat. § 7-32-14 — NM Code / Chapter 7 / Article 32 / Section 7-32-14
§ 7-32-14. Monthly report to department of finance and administration; remittance to state and county treasurers; state and county treasurers may distribute funds
Status: in_force

A. By the last day of each month, the department shall prepare and certify a report to the secretary of finance and administration. The report shall be for the preceding month and shall show the amount of taxes collected and distributed to the oil and gas production tax fund, the amount due the state and each taxing district imposing a tax as reflected by the schedules prepared pursuant to Section 7-32-13 NMSA 1978 and any other information required by the secretary of finance and administration. The secretary of finance and administration shall forthwith remit the appropriate amounts from the oil and gas production tax fund to the state treasurer and the respective county treasurers. The state treasurer and the county treasurers shall, upon receipt of such remittance, make appropriate distribution of the proceeds thereof, except as provided in Subsection B of this section.

B. If the board of county commissioners notifies the secretary of finance and administration that the county elects not to distribute the proceeds of the oil and gas ad valorem production tax due the municipalities, community college districts and school districts within the county, the secretary of finance and administration shall pay amounts due directly to municipalities, community college districts and school districts within the county.
N.M. Stat. § 21-1-18 — NM Code / Chapter 21 / Article 1 / Section 21-1-18
§ 21-1-18. No personal liability for official actions
Status: in_force

Members of the boards of regents of the educational institutions of the state shall not be held personally liable in any action at law based upon a claim for damages arising out of any act or failure to act of that board of regents.
N.M. Stat. § 39-7-9 — NM Code / Chapter 39 / Article 7 / Section 39-7-9
§ 39-7-9. Procedures
Status: in_force

After the supreme court of this state has accepted a certified question, proceedings are governed by the rules and statutes governing briefs, arguments and other appellate procedures. Procedures for certification from this state to a receiving court are those provided in the rules and statutes of the receiving forum.
N.M. Stat. § 23-4-4.1 — NM_STATUTES Code / Chapter 23 / Article 4 / Section 23-4-4.1
§ 23-4-4.1. Donations; gifts; bequests
Status: in_force

The New Mexico state veterans' home may accept donations, gifts and bequests of land, money or other things of value for the purposes of Sections 23-4-1 and 23-4-3 NMSA 1978 . The title to such lands, together with all improvements thereon, shall vest in the state, and the deeds thereto, all insurance policies, certificates of water rights and other evidences of ownership of the land or improvements of the New Mexico state veterans' home shall be filed as provided by law. Except as provided by the conditions of such donations, gifts and bequests, all donations and gifts of money shall be deposited by law.
N.M. Stat. § 44-2-10 — NM Code / Chapter 44 / Article 2 / Section 44-2-10
§ 44-2-10. Peremptory mandamus on failure to answer; procedure after answer
Status: in_force

If no answer is made a peremptory mandamus shall be allowed against the defendant; if an answer is made containing new matter, the plaintiff may, on the trial or other proceedings, avail himself of any valid objection to its sufficiency, or may countervail it by evidence either in direct denial or by way of avoidance.
N.M. Stat. § 9-29-8.1 — NM Code / Chapter 9 / Article 29 / Section 9-29-8.1
§ 9-29-8.1. Criminal history investigations; procedures; confidentiality; violation; penalty
Status: in_force

A. To investigate the suitability of an applicant for licensure as a licensed child care facility, registration as a child care home program or for employment or volunteering at a licensed child care facility or registered child care home, including any facility or program that has primary custody of infants, toddlers and children for twenty hours or more per week, or for employees and volunteers of department-contracted providers, the department shall have access to criminal history records information furnished by the department of public safety and the federal bureau of investigation, subject to any restrictions imposed by federal law.

B. An applicant for a child care facility license or registration or for employment or volunteering at a licensed child care facility or registered child care home or employees and volunteers of department-contracted providers shall undergo a state and national criminal history records check, and the applicant shall submit an electronic set of fingerprints to the department of public safety for that purpose. The department of public safety shall conduct a check of state criminal history records and forward the fingerprints to the federal bureau of investigation for a national criminal history records check to determine the existence and content of records of convictions and arrests in this state or other law enforcement jurisdictions and to generate a criminal history records check in accordance with rules of the department of public safety and regulations of the federal bureau of investigation. The department of public safety shall review the information obtained from the criminal history records check and shall compile and provide that information to the early childhood education and care department. The early childhood education and care department shall use the information to investigate and determine whether an applicant is qualified to hold a license or an employment or volunteer position. The department shall promulgate rules for the investigation and determination of qualifications.

C. Criminal history information obtained by the department is confidential and shall be used only for the purpose of determining the suitability for licensure, employment or volunteer service and shall not be disclosed to anyone other than public employees directly involved in the decision affecting the applicant.

D. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978 .
N.M. Stat. § 61-31-24 — NM Code / Chapter 61 / Article 31 / Section 61-31-24
§ 61-31-24. Privileged communications
Status: in_force

A. A licensed social worker shall not be examined without the consent of his client concerning any communication made by the client to him or any advice given to the client in the course of professional employment; nor shall the secretary, stenographer or clerk of a social worker be examined without the consent of his employer concerning any fact, the knowledge of which he has acquired in that capacity; nor shall any person who has participated in any social work practice conducted under the supervision of a person authorized by law to conduct such practice, including group therapy sessions, be examined concerning any knowledge gained during the course of the practice without the consent of the person to whom the testimony sought relates.

B. No licensed social worker may disclose any information he has acquired from a person consulting him in his professional capacity, unless:

(1) he has the written consent of the client or, in the case of death or disability, of his personal representative, any other person authorized to sue or the beneficiary of any insurance policy on his life, health or physical condition;

(2) such communication reveals the contemplation of a crime or harmful act;

(3) the client is under the age of sixteen years or an adult who is mentally fragile and the information acquired indicates that the child or adult was the victim or subject of a crime, in which case the social worker may be required to testify fully in relation to the crime in any examination, trial or other proceeding in which the commission of the crime is a subject of inquiry; or

(4) the person waives the privilege by bringing charges against the social worker.

C. Nothing in this section shall be construed to prohibit a licensed social worker from disclosing information in court hearings concerning matters of adoption, child abuse, child neglect or other matters pertaining to the welfare of children as stipulated in the Children's Code or to those matters pertaining to citizens protected under the Adult Protective Services Act.
N.M. Stat. § 57-10-2 — NM Code / Chapter 57 / Article 10 / Section 57-10-2
§ 57-10-2. Definitions
Status: in_force

As used in the Distress Sales Act:

A. “distress merchandise sale” shall mean any offer to sell to the public, or sale to the public, of goods, wares or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business. Distress merchandise sales shall include but are not limited to any sale advertised either specifically or in substance as a “fire sale,” “smoke and water damage sale,” “adjustment sale,” “liquidation sale,” “creditor's sale,” “insolvent sale,” “trustee's sale,” “bankrupt sale,” “save us from bankruptcy sale,” “insurance salvage sale,” “mortgage sale,” “assignee's sale,” “adjuster's sale,” “must vacate sale,” “quitting business sale,” “receiver's sale,” “loss of lease sale,” “forced out of business sale,” “removal sale,” “change of ownership sale” or “new location sale.”

B. “person” means any individual, estate, trust, receiver, cooperative association, association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity.
N.M. Stat. § 47-8-43 — NM Code / Chapter 47 / Article 8 / Section 47-8-43
§ 47-8-43. Issuance of summons
Status: in_force

A. The summons shall be issued and directed, with a copy of the petition attached to the summons, and shall state the cause of the complaint, the answer day for other causes of action and notice that if the defendant fails to appear, judgment shall be entered against him. The summons may be served pursuant to the New Mexico rules of civil procedure and returned as in other cases. Trial of the action for possession shall be set as follows:

(1) for any matter brought by the owner for possession, not less than seven or more than ten days after the service of summons; or

(2) for any matter brought by the resident for possession, not less than three or more than five days after the service of summons.

B. Upon finding of good cause, the court may continue the date of hearing on the action for possession for up to seven days from the date of the initial hearing.
N.M. Stat. § 5-17-34 — NM_STATUTES Code / Chapter 5 / Article 17 / Section 5-17-34
§ 5-17-34. Exemption from Community Service District Act and Special District Procedures Act
Status: in_force

Infrastructure development zones and the provisions of the Infrastructure Development Zone Act are exempt from the provisions of the Community Service District Act and the Special District Procedures Act.
N.M. Stat. § 7-1-6.39 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-6.39
§ 7-1-6.39. Distribution of special fuel excise tax to local governments road fund
Status: in_force

A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the local governments road fund in an amount equal to nine and fifty-two hundredths percent of the net receipts attributable to the taxes, exclusive of penalties and interest, from the special fuel excise tax imposed by the Special Fuels Supplier Tax Act. 1