FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 7-20E-18 — NM_STATUTES Code / Chapter 7 / Article 20E / Section 7-20E-18
§ 7-20E-18. County health care gross receipts tax; authority to impose rate
Status: in_force

A. The majority of the members of the governing body of any county may enact an ordinance imposing an excise tax at a rate of one-sixteenth percent of the gross receipts of any person engaging in business in the county for the privilege of engaging in business in the county. Any ordinance imposing an excise tax pursuant to this section shall not be subject to a referendum. The governing body of a county shall, at the time of enacting an ordinance imposing the tax, dedicate the revenue to the county-supported medicaid fund. This tax is to be referred to as the “county health care gross receipts tax”.

B. In addition to the imposition of the county health care gross receipts tax authorized by Subsection A of this section, the majority of the members of the governing body of a county having a population of more than five hundred thousand persons according to the most recent federal decennial census may enact an ordinance imposing an additional one-sixteenth percent increment of county health care gross receipts tax; provided that the imposition of the additional increment shall be for a period that ends no later than June 30, 2009. To continue an increment after June 30, 2009 or beyond any five-year period for which the increment has been imposed, the members of the governing body shall review the need for the increment and if the majority of the members vote in favor of continuing the increment imposed pursuant to this subsection, the increment shall be imposed for an additional period of five years. The governing body of the county shall, at the time of enacting an ordinance imposing the additional increment of county health care gross receipts tax, dedicate the revenue to the support of indigent patients.

C. Any ordinance enacted pursuant to the provisions of Subsection A or B of this section shall include an effective date of either July 1 or January 1 in accordance with the provisions of the County Local Option Gross Receipts Taxes Act.
N.M. Stat. § 7-31-4 — NM_STATUTES Code / Chapter 7 / Article 31 / Section 7-31-4
§ 7-31-4. Privilege tax levied; collected by department; rate; interest owner's liability to state; Indian liability
Status: in_force

A. There is levied and shall be collected by the department a privilege tax on the business of every person severing products in this state. The measure of the tax shall be:

(1) on oil and on oil and other liquid hydrocarbons removed from natural gas at or near the wellhead, except as provided in Paragraphs (4) and (5) of this subsection, three and fifteen hundredths percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978;

(2) on carbon dioxide, helium and non-hydrocarbon gases, three and fifteen hundredths percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978;

(3) on natural gas, except as provided in Paragraphs (6) and (7) of this subsection, four percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978;

(4) on the oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead from a stripper well property, one and fifty-eight hundredths percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978 , provided that the average annual taxable value of oil was equal to or less than fifteen dollars ($15.00) per barrel in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed;

(5) on the oil and on other liquid hydrocarbons removed from natural gas at or near the wellhead from a stripper well property, two and thirty-six hundredths percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978 , provided that the average annual taxable value of oil was greater than fifteen dollars ($15.00) per barrel but not more than eighteen dollars ($18.00) per barrel in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed;

(6) on the natural gas removed from a stripper well property, two percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978 , provided that the average annual taxable value of natural gas was equal to or less than one dollar fifteen cents ($1.15) per thousand cubic feet in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed; and

(7) on the natural gas removed from a stripper well property, three percent of the taxable value determined pursuant to Section 7-31-5 NMSA 1978 , provided that the average annual taxable value of natural gas was greater than one dollar fifteen cents ($1.15) per thousand cubic feet but not more than one dollar thirty-five cents ($1.35) per thousand cubic feet in the calendar year preceding July 1 of the fiscal year in which the tax rate is to be imposed.

B. Every interest owner, for the purpose of levying this tax, is deemed to be in the business of severing products and is liable for this tax to the extent of his interest in the value of the products or to the extent of his interest as may be measured by the value of the products.

C. Any Indian tribe, Indian pueblo or Indian is liable for this tax to the extent authorized or permitted by law.
N.M. Stat. § 28-10-12 — NM_STATUTES Code / Chapter 28 / Article 10 / Section 28-10-12
§ 28-10-12. Personnel board; rules
Status: in_force

The personnel board shall establish rules and procedures consistent with the state policy of employment of persons with a disability. The rules and procedures shall be adopted after consultation with appropriate vocational rehabilitation agencies, state institutions, interested private associations and organizations and interested individuals. Any rules or procedures adopted by the personnel board shall provide that:

A. certification in an appropriate form shall be required from an appropriate agency to the effect that:

(1) the person with a disability has the ability to perform the duties of the position sought;

(2) the person with a disability is physically qualified to do the work without hazard to that person or to others; and

(3) the person with a disability is socially competent in a work environment and, either independently or with continuing help as has been provided, in after-working-hours living;

B. there are suitable periods of probation or trial employment for persons with a disability before the employment becomes permanent under the provisions of the Personnel Act; 1 and

C. the processes set forth in this section for establishing the eligibility of persons with a disability are construed to meet the requirements of competitive entrance examinations under the provisions of the Personnel Act.
N.M. Stat. § 3-37-2 — NM_STATUTES Code / Chapter 3 / Article 37 / Section 3-37-2
§ 3-37-2. Finance; authorization
Status: in_force

The governing body shall:

A. control the finances and property of the municipality;

B. appropriate money for municipal purposes only; and

C. provide for payment of debts and expenses of the municipality.
N.M. Stat. § 24-2D-2 — NM_STATUTES Code / Chapter 24 / Article 2D / Section 24-2D-2
§ 24-2D-2. Definitions
Status: in_force

As used in the Pain Relief Act:

A. “ accepted guideline ” means the most current clinical pain management guideline developed by the American geriatrics society or the American pain society or a clinical pain management guideline based on evidence and expert opinion that has been accepted by the New Mexico medical board;

B. “ acute pain ” means the normal, predicted physiological response to a noxious chemical or thermal or mechanical stimulus, typically associated with invasive procedures, trauma or disease and generally time-limited;

C. “ board ” means the licensing board of a health care provider;

D. “ chronic pain ” means pain that persists after reasonable medical efforts have been made to relieve the pain or its cause and that continues, either continuously or episodically, for longer than three consecutive months. “Chronic pain” does not include pain associated with a terminal condition or with a progressive disease that, in the normal course of progression, may reasonably be expected to result in a terminal condition;

E. “ clinical expert ” means a person who by reason of specialized education or substantial relevant experience in pain management has knowledge regarding current standards, practices and guidelines;

F. “ disciplinary action ” means any formal action taken by a board against a health care provider, upon a finding of probable cause that the health care provider has engaged in conduct that violates the board's practice act;

G. “ health care provider ” means a person who is licensed or otherwise authorized by law to provide health care in the ordinary course of business or practice of the person's profession and who has prescriptive authority within the limits of the person's license;

H. “ opioid analgesic ” means buprenorphine, butorphanol, codeine, hydrocodone, hydromorphine, levorphanol, meperidine, methadone, morphine, nalbuphine, oxycodone, oxymorphone, pentazocine and propoxyphene as well as their brand names, isomers and combinations;

I. “ opioid antagonist ” means a drug approved by the federal food and drug administration that when administered negates or neutralizes in whole or in part the pharmacological effects of an opioid analgesic in the body, including naloxone and such other medications approved by the board of pharmacy for the reversal of opioid analgesic overdoses;

J. “ pain ” means acute and chronic pain; and

K. “ therapeutic purpose ” means the use of pharmaceutical and non-pharmaceutical medical treatment that conforms substantially to accepted guidelines for pain management.
N.M. Stat. § 12-2A-1 — NM Code / Chapter 12 / Article 2A / Section 12-2A-1
§ 12-2A-1. Short title; applicability
Status: in_force

A. This act may be cited as the “Uniform Statute and Rule Construction Act”.

B. The Uniform Statute and Rule Construction Act applies to a statute enacted or rule adopted on or after the effective date of that act unless the statute or rule expressly provides otherwise, the context of its language requires otherwise or the application of that act to the statute or rule would be infeasible.

C. Subsection B of this section does not authorize an administrative agency to exempt its rules from a provision of the Uniform Statute and Rule Construction Act.
N.M. Stat. § 61-17A-24 — NM Code / Chapter 61 / Article 17A / Section 61-17A-24
§ 61-17A-24. Criminal offender's character evaluation
Status: in_force

The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by the Barbers and Cosmetologists Act.
N.M. Stat. § 2-1-1 — NM Code / Chapter 2 / Article 1 / Section 2-1-1
§ 2-1-1. Resignation of members
Status: in_force

Any member of the legislature of the state of New Mexico may resign his office by filing a written statement of such resignation with the secretary of state of New Mexico, and upon the filing of such resignation, the office of senator or representative filled by the person so resigning shall become vacant.
N.M. Stat. § 7-3-11 — NM Code / Chapter 7 / Article 3 / Section 7-3-11
§ 7-3-11. Acts to be performed by agents; liability of third parties
Status: in_force

A. When a fiduciary, agent or other person has the control, receipt, custody or disposal of or pays the wages of an employee or group of employees employed by one or more employers and the fiduciary, agent or other person has been designated by the United States secretary of the treasury to perform such acts as are required of employers for federal withholding purposes under the Internal Revenue Code, the fiduciary, agent or other person shall perform the acts required of employers by the provisions of the Withholding Tax Act. All provisions of Chapter 7 NMSA 1978 applicable in respect to an employer shall be applicable to a fiduciary, agent or other person so designated, but the employer, unless provided otherwise by law, for whom the fiduciary, agent or other person acts shall remain subject to the provisions of Chapter 7 NMSA 1978 applicable in respect to employers.

B. For purposes of the Withholding Tax Act, if a lender, surety or other person who is not an employer under the Withholding Tax Act with respect to an employee or group of employees, pays wages directly to the employee or group of employees employed by one or more employers or to an agent on behalf of the employee or employees, the lender, surety or other person shall be liable in its own person and estate to the state of New Mexico in a sum equal to the taxes required to be deducted and withheld from those wages by the employer. Any amount paid pursuant to this subsection shall be credited against the liability of the employer.
N.M. Stat. § 60-6A-29 — NM Code / Chapter 60 / Article 6A / Section 60-6A-29
§ 60-6A-29. Wine wholesaler's license
Status: in_force

A. In any local option district, a winegrower licensed under the Liquor Control Act may apply for and be issued a license as a wine wholesaler of wines produced by or for New Mexico winegrowers.

B. No wine wholesaler shall sell, offer for sale or ship wine not received at and shipped from the premises specified in the wine wholesaler's license.

C. No wine wholesaler shall sell or offer for sale wine to any person other than the holder of a New Mexico wine wholesaler's, wholesaler's, retailer's, dispenser's, canopy, restaurant or club license or a governmental licensee or its lessee.

D. Nothing contained in this section shall prevent the sale, transportation or shipment of wine by a wine wholesaler to any person outside the state when shipped under permit from the department.
N.M. Stat. § 4-48B-25 — NM_STATUTES Code / Chapter 4 / Article 48B / Section 4-48B-25
§ 4-48B-25. Election not required
Status: in_force

The Hospital Funding Act shall not be construed as requiring an election by the voters of a county prior to the issuance of revenue bonds under that act by a county.
N.M. Stat. § 4-52-10.1 — NM_STATUTES Code / Chapter 4 / Article 52 / Section 4-52-10.1
§ 4-52-10.1. Creation; alternate procedure
Status: in_force

In a class A county, the board of county commissioners may create a refuse disposal district by ordinance. The district shall consist only of contiguous parcels of property. The board shall create the district only after considering the feasibility of the district and the likelihood that services could be provided without the creation of the district. Upon passage of the ordinance, the district is duly created.
N.M. Stat. § 12-12-1 — NM_STATUTES Code / Chapter 12 / Article 12 / Section 12-12-1
§ 12-12-1. Short title
Status: in_force

This act may be cited as the “Energy Emergency Powers Act.”
N.M. Stat. § 19-10-59 — NM Code / Chapter 19 / Article 10 / Section 19-10-59
§ 19-10-59. Reporting and rendition forms to be adopted by rule or regulation
Status: in_force

All reporting and royalty rendition forms required by the commissioner of public lands shall be adopted by appropriate rule or regulation.
N.M. Stat. § 2-7F-36 — NM Code / Chapter 2 / Article 7F / Section 2-7F-36
§ 2-7F-36. Representative district thirty
Status: in_force

Representative district thirty is composed of Bernalillo county precincts 339, 359, 368, 370, 388, 406 through 409, 419 through 421, 439, 440, 481, 484, 488 through 490, 496, 498 through 500, 511 through 513, 523, 529, 583, 662, 666, 673, 675 and 677.
N.M. Stat. § 19-1-1.2 — NM_STATUTES Code / Chapter 19 / Article 1 / Section 19-1-1.2
§ 19-1-1.2. State land trusts advisory board; removal of members; vacancies
Status: in_force

A. Members of the state land trusts advisory board shall not be removed except for incompetence, neglect of duty or malfeasance in office. Provided, however, no removal shall be made without notice of hearing and an opportunity to be heard having first been given to the member. The supreme court is given exclusive jurisdiction over proceedings to remove members of the state land trusts advisory board under rules it may promulgate, and its decision in connection with these matters shall be final.

B. Any vacancy occurring on the state land trusts advisory board shall be filled by appointment of the commissioner of public lands with the advice and consent of the senate for the remainder of the unexpired term.
N.M. Stat. § 14-8-15 — NM_STATUTES Code / Chapter 14 / Article 8 / Section 14-8-15
§ 14-8-15. Payment of fees; disposition
Status: in_force

A. No county clerk shall receive any instrument of writing for filing or record unless the fees for such filing and recording have first been paid.

B. Unless otherwise specified by law, the county clerk shall collect a recording fee of twenty-five dollars ($25.00) for each document filed or recorded by the county clerk.

C. If a document being filed or recorded contains more than ten entries to the county recording index, the county clerk shall collect an additional fee of twenty-five dollars ($25.00) for each additional block of ten or fewer entries to the county recording index from the document.

D. To the extent documents described in Section 14-8-13 NMSA 1978 are filed or recorded in the office of the county clerk, the documents shall be received pursuant to the fees described in this section.

E. For each fee of twenty-five dollars ($25.00) collected by the county clerk pursuant to this section, eighteen dollars ($18.00) shall be deposited in the county general fund and seven dollars ($7.00) shall be deposited in the county clerk recording and filing fund.
N.M. Stat. § 22-1-1 — NM Code / Chapter 22 / Article 1 / Section 22-1-1
§ 22-1-1. Public School Code
Status: in_force

Chapter 22 NMSA 1978 [except Article 5A] may be cited as the “Public School Code”.
N.M. Stat. § 6-10-55 — NM_STATUTES Code / Chapter 6 / Article 10 / Section 6-10-55
§ 6-10-55. Short title
Status: in_force

This act may be cited as the “Warrant Cancellation Act.”
N.M. Stat. § 7-39-1 — NM_STATUTES Code / Chapter 7 / Article 39 / Section 7-39-1
§ 7-39-1. Short title
Status: in_force

Chapter 7, Article 39 NMSA 1978 may be cited as the “Copper Production Ad Valorem Tax Act”.
N.M. Stat. § 22-26A-11 — NM Code / Chapter 22 / Article 26A / Section 22-26A-11
§ 22-26A-11. Election results; certification
Status: in_force

The certification of the results of an election held on the question of imposition of a lease purchase tax shall be made in accordance with the Local Election Act, and a copy of the certificate of results shall be mailed immediately to the secretary.
N.M. Stat. § 66-12-7 — NM Code / Chapter 66 / Article 12 / Section 66-12-7
§ 66-12-7. Equipment
Status: in_force

A. Every vessel shall have aboard:

(1) one life preserver, buoyant vest, ring buoy or buoyant cushion bearing the mark of approval of the United States coast guard and in serviceable condition for each person on board;

(2) one oar or paddle;

(3) one bailing bucket with a capacity of at least one gallon, or hand-operated bilge pump; and

(4) a length of stout rope at least equal to the length of the vessel.

B. Every motorboat, during the hours of darkness, shall carry:

(1) a bright white light aft to show around the horizon; and

(2) a combined light on the fore part of the vessel and lower than the white light and showing green to the starboard and red to the port, and so fixed as to throw the light from right ahead to two points abaft the beam on their respective sides. No other light shall be shown except as specifically prescribed by the United States coast guard for the particular class of boats.

C. If carrying or using any inflammable or toxic fluid in any enclosure for any purpose, and if not entirely open, every vessel shall have an efficient natural or mechanical ventilation system capable of removing resulting gases prior to, and during, the time the vessel is occupied by any person.

D. No privately owned vessel shall carry a siren unless specifically authorized in writing by the director of the division.

E. No person shall operate or give permission for the operation of a vessel which is not equipped as required by this section.
N.M. Stat. § 10-12B-19 — NM Code / Chapter 10 / Article 12B / Section 10-12B-19
§ 10-12B-19. Corrections of errors and omissions; estoppel
Status: in_force

A. If an error or omission results in overpayment to a member or beneficiary of a member, the association shall correct the error or omission and adjust all future payments accordingly. The association shall recover all overpayments made for a period of up to one year prior to the date the error or omission was discovered.

B. A person who is paid more than the amount that is lawfully due him as a result of fraudulent information provided by the member or beneficiary shall be liable for the repayment of that amount to the association plus interest on that amount at the rate set by the board plus all costs of collection, including attorney fees if necessary. Recovery of such overpayment shall extend back to the date the first payment was made based on the fraudulent information.

C. Statements of fact or law made by board members or employees of the board or the association shall not estop the board or the association from acting in accordance with the applicable statutes.
N.M. Stat. § 3-59-1 — NM_STATUTES Code / Chapter 3 / Article 59 / Section 3-59-1
§ 3-59-1. Short title
Status: in_force

This act may be cited as the “Pollution Control Revenue Bond Act.”
N.M. Stat. § 61-2-16 — NM Code / Chapter 61 / Article 2 / Section 61-2-16
§ 61-2-16. Freedom of choice
Status: in_force

A. In expending public money for any purpose involving the care of vision, any state board, commission or department created or existing by statute, including public schools or other state or municipal agencies or any of their employees, who, in the performance of their duties, are responsible for such expenditures shall not, directly or indirectly, refer the name or address of any particular ocular practitioner or system of practice to any person eligible for a vision examination or the correction of any visual or muscular anomaly, except in emergency situations.

B. Every policy of insurance or medical or health service contract providing for payment or reimbursement for any eye care service shall be construed to include payment or reimbursement for professional services rendered by a licensed optometrist, and no insurance policy or medical or health service contract shall discriminate between ocular practitioners rendering similar services.
N.M. Stat. § 63-9D-20 — NM Code / Chapter 63 / Article 9D / Section 63-9D-20
§ 63-9D-20. Amount of surcharge; security for bonds
Status: in_force

A. The legislature shall provide for the continued imposition, collection and deposit of the 911 emergency surcharge into the enhanced 911 fund in amounts that, together with other amounts deposited into the fund, will be sufficient to produce an amount necessary to meet annual debt service charges on all respective outstanding enhanced 911 bonds.

B. The legislature shall not repeal, amend or otherwise modify any law that affects the 911 emergency surcharge in a manner that impairs any outstanding enhanced 911 bonds secured by a pledge of the 911 emergency surcharge unless:

(1) the outstanding enhanced 911 bonds to which the revenues from the surcharge are pledged have been discharged in full; or

(2) provision has been made to discharge fully the outstanding enhanced 911 bonds to which the revenues from the surcharge are pledged.

C. Nothing in this section shall require any increase in the 911 emergency surcharge.
N.M. Stat. § 35-1-22 — NM Code / Chapter 35 / Article 1 / Section 35-1-22
§ 35-1-22. Magistrate court; Otero district
Status: in_force

There shall be two magistrates in Otero magistrate district, divisions 1 and 2 operating as a single court in Alamogordo.