FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 9-29-2 — NM_STATUTES Code / Chapter 9 / Article 29 / Section 9-29-2
§ 9-29-2. Definitions
Status: in_force

As used in the Early Childhood Education and Care Department Act:

A. “ child ” means a person from birth to age five or, where the context otherwise provides, to age eight or thirteen;

B. “ child care home program ” means the program developed by the department to license or register homes or residences to provide child care services to children, including those defined in Section 32A-23C-2 NMSA 1978 . A home may be registered or licensed pursuant to the Early Childhood Education and Care Act and through department rules;

C. “ department ” means the early childhood education and care department;

D. “ department-contracted providers ” means individuals or entities that enter into contracts with the department to provide child care services, federal Individuals with Disabilities Education Act, Part C, early intervention services, home visiting services or pre-kindergarten services or those under contract with the department that have access to child and family personal and confidential information;

E. “ licensed child care center ” means a nonresidential facility that meets the applicable state and local building and safety codes and provides care and services to and supervision of children for less than twenty-four hours of any day;

F. “ licensed child care facility ” means a licensed child care center, licensed group child care home, licensed family child care home or licensed out-of-school time program;

G. “ licensed family child care home ” means a private dwelling in which the licensee resides and is the primary educator that provides care and services to and supervision of children as part of the child care home program for a period of less than twenty-four hours of any day for no more than six children;

H. “ licensed group child care home ” means a home in which the licensee resides and is the primary educator that provides care and services to and supervision of children as part of the child care home program for at least seven but no more than twelve children;

I. “ licensed out-of-school time program ” means a school-age person program at a specific site, usually a school or community center, offering on a consistent basis a variety of developmentally appropriate activities that are both educational and recreational;

J. “ registered child care home ” or “ registration ” means an independent primary caregiver who has registered the independent primary caregiver's home or residence with the department to provide care and services to and supervision of children as part of the child care home program for a period of less than twenty-four hours of any day for no more than four children. A registered child care home may participate in the child and adult care food program or participate in the child care assistance program; and

K. “ secretary ” means the secretary of early childhood education and care.
N.M. Stat. § 59A-8-3 — NM Code / Chapter 59A / Article 8 / Section 59A-8-3
§ 59A-8-3. Disallowance of “wash” transactions
Status: in_force

A. The superintendent shall disallow as an asset or as a credit against liabilities of an insurer, any sale or transfer of property or accounts or any reinsurance found by him after a hearing thereon to have been arranged for the purpose principally of an apparent but temporary betterment as to the transferor, vendor or ceding insurer's financial condition as of the date of any financial statement of the insurer. Without limiting the general purport of the foregoing provision, transfer, sale or reinsurance contracted for in fact within six (6) months prior to the date of any such financial statement and reversed or cancelled in fact within six (6) months after the date of such statement, or reinsurance under which the reinsurer bears no substantial insurance risk or chance of net loss to itself, shall prima facie be deemed to have been arranged principally for the purpose of such apparent betterment.

B. The superintendent shall disallow as an asset any deposit, funds or other property of the insurer found by him after a hearing thereon:

(1) not to be in good faith the property of the insurer; and

(2) if other than a deposit required to be made and held under or pursuant to statute, not freely subject to withdrawal or liquidation by the insurer at any time for payment or discharge of claims or other obligations arising under its policies; and

(3) to be resulting from arrangements made principally for the purpose of such apparent betterment as to the insurer's financial condition as at the date of any financial statement of the insurer.

C. The superintendent may suspend or revoke the certificate of authority of any insurer which has knowingly been party to any such transaction or attempt thereat.
N.M. Stat. § 33-13-4 — NM Code / Chapter 33 / Article 13 / Section 33-13-4
§ 33-13-4. Inmate eligibility
Status: in_force

The department shall screen and classify applicants for the program. To be eligible, an applicant must meet all of the standards provided in Section 33-2-44 NMSA 1978 and not be serving a sentence for first or second degree murder.
N.M. Stat. § 59A-39-16 — NM Code / Chapter 59A / Article 39 / Section 59A-39-16
§ 59A-39-16. Who may be subscribers
Status: in_force

A. Individuals, partnerships and corporations of this state may make application, enter into an agreement for and hold policies or contracts in or with and be a subscriber of any domestic, foreign or alien reciprocal insurer. Any corporation organized under the laws of this state prior to or after the effective date of the Insurance Code shall, in addition to the rights, powers, and franchises specified in its articles of incorporation, have full power and authority as a subscriber to exchange insurance contracts through such reciprocal insurer. The right to exchange such contracts is hereby declared to be incidental to the purposes for which such corporations are organized and to be as fully granted as the rights and powers expressly conferred upon such corporations.

B. Government or governmental agencies, a state or political subdivisions thereof, boards, associations, estates, trustees or fiduciaries are authorized to exchange nonassessable reciprocal interinsurance contracts with each other and with individuals, partnerships and corporations to the same extent that individuals, partnerships and corporations are authorized in this article to exchange reciprocal interinsurance contracts.

C. Any officer, representative, trustee, receiver or legal representative of any such subscriber shall be recognized as acting for or on its behalf for the purpose of such contract but shall not be personally liable upon such contract by reason of acting in such representative capacity.
N.M. Stat. § 32A-9-6 — NM Code / Chapter 32A / Article 9 / Section 32A-9-6
§ 32A-9-6. Eligibility of child for placement
Status: in_force

A child is eligible to be placed in a community-based shelter-care facility provided for under Section 5 of the Children's Shelter Care Act if:

A. the child is an alleged child in need of supervision; a child in need of supervision; or

B. the child is an alleged delinquent child and there is no probable cause to believe that the child will injure others or himself, run away or be taken away so as to be unavailable for proceedings of the court or its officers.
N.M. Stat. § 9-27-22 — NM_STATUTES Code / Chapter 9 / Article 27 / Section 9-27-22
§ 9-27-22. Charges for central telecommunication network services
Status: in_force

Departments, institutions and agencies participating in the central telecommunication network shall be charged a pro rata and equitable share of the total monthly costs of the service. This determination is to be made by the department. Toll calls not covered by the wide-area telephone service and supplemental equipment shall be segregated and paid for by agencies, institutions and departments making the calls or using the supplemental equipment.
N.M. Stat. § 26-4-3 — NM Code / Chapter 26 / Article 4 / Section 26-4-3
§ 26-4-3. Advisory committee created; membership; duties
Status: in_force

A. The “prescription drug importation advisory committee” is created as an interagency advisory committee of the department. The committee consists of:

(1) the secretary of health, who shall serve as the chair of the committee;

(2) the executive director of the board of pharmacy;

(3) the superintendent of insurance;

(4) the secretary of human services; and

(5) the secretary of general services.

B. Members may appoint designees.

C. The committee shall advise the department in developing and implementing the program. The committee shall consult with interested stakeholders and appropriate federal officials as necessary in shaping its advice to the department. The department shall hold a public hearing on the proposed program prior to submitting the program for federal approval.
N.M. Stat. § 12-2A-16 — NM Code / Chapter 12 / Article 2A / Section 12-2A-16
§ 12-2A-16. Effect of amendment or repeal
Status: repealed

A. An amendment or repeal of a civil statute or rule does not affect a pending action or proceeding or a right accrued before the amendment or repeal takes effect.

B. A pending civil action or proceeding may be completed and a right accrued may be enforced as if the statute or rule had not been amended or repealed.

C. If a criminal penalty for a violation of a statute or rule is reduced by an amendment, the penalty, if not already imposed, must be imposed under the statute or rule as amended.
N.M. Stat. § 47-1-56 — NM Code / Chapter 47 / Article 1 / Section 47-1-56
§ 47-1-56. Use of coordinate system
Status: in_force

For the purpose of describing the location of any survey station or land boundary corner in the state of New Mexico, it shall be considered a complete, legal and satisfactory description of such location to give the position of said survey state or land boundary corner on the system of coordinates defined in Sections 47-1-49 through 47-1-56 NMSA 1978 .

Nothing contained in those sections shall require a purchaser or mortgagee of real property to rely wholly on a land description, any part of which depends exclusively upon the New Mexico coordinate system.

Where conflicts arise in the location of a corner or other boundary element when such corner or element's location is described in both the conventional system and the New Mexico coordinate system, the description providing the most certain location shall be used.
N.M. Stat. § 33-2-32 — NM Code / Chapter 33 / Article 2 / Section 33-2-32
§ 33-2-32. Penitentiary; record of misconduct
Status: in_force

It shall be the duty of the warden to keep a record book of all infractions of prison rules and regulations prescribed by the corrections division [corrections department].
N.M. Stat. § 73-2-3 — NM Code / Chapter 73 / Article 2 / Section 73-2-3
§ 73-2-3. Taking of lands for construction
Status: in_force

In case a community of people desire to construct a ditch or acequia in any part of the state, and the constructors are the owners of all the land upon which said ditch or acequia is constructed, in such case no one shall be bound to pay for said land, as all the persons interested in the construction of said ditch or acequia are to be benefited by it.
N.M. Stat. § 57-9-3.3 — NM Code / Chapter 57 / Article 9 / Section 57-9-3.3
§ 57-9-3.3. Receipts
Status: in_force

The owner of a store shall issue a serialized receipt for each purchase or statement of appraisal of gold, silver or platinum which shall contain the following:

A. the legal name and address of the store or appraiser;

B. the name and address of the seller;

C. the date of the transaction;

D. the net weight in terms of pounds troy or avoirdupois, ounces troy or avoirdupois, pennyweight troy or avoirdupois or kilograms or grams; and

E. the fineness of the precious metal in terms of karat for gold and sterling or coin for silver.

The merchant shall retain copies of each receipt or statement of appraisal for not less than one year.
N.M. Stat. § 10-11-26.1 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-26.1
§ 10-11-26.1. State general member coverage plan 3; applicability
Status: in_force

State general member coverage plan 3 is applicable to peace officer members and is applicable to state general members in the first full pay period after July 1, 1995 if the retirement board certifies to the secretary of state that a majority of the members voting of those members to be covered under state general member coverage plan 3 has voted to approve adoption of this plan at an election conducted pursuant to Laws 1994, Chapter 128, Section 17.
N.M. Stat. § 72-17-93 — NM Code / Chapter 72 / Article 17 / Section 72-17-93
§ 72-17-93. Failure to contest legality constitutes bar
Status: in_force

If no such action or proceedings shall be commenced or instituted within twenty days after the first publication of such resolution, other proceedings or notice, then all residents and taxpayers and owners of property in the authority and all public bodies and all other persons whatsoever shall be forever barred and foreclosed from instituting or commencing any action or proceeding in any court or from pleading any defense to any action or proceedings questioning the validity of the creation and establishment of the authority, the validity or proper authorization of such securities, or the validity of any such covenants, agreements or contracts; and said securities, covenants, agreements and contracts shall be conclusively deemed to be valid and binding obligations in accordance with their terms and tenor.
N.M. Stat. § 19-14-2 — NM_STATUTES Code / Chapter 19 / Article 14 / Section 19-14-2
§ 19-14-2. Waiver of requirements for reservation of rights in leases or conveyance for specific minerals; procedures for waiver
Status: in_force

A. The commissioner of public lands may waive by written order the reservation of rights required under Section 1 of this act in respect to any specific mineral, other than fossil fuels, for which there is no significant consumptive use within the state, but such order may be made only:

(1) after written notice is mailed by certified mail at least twenty days before the hearing required by Paragraph (3) of this subsection to the governor;

(2) after notice of the hearing required by Paragraph (3) of this subsection is posted in the same manner as notice of public sale of mineral leases is required to be posted under Section 19-8-33 NMSA 1978;

(3) after a public hearing on the issue of waiver under this subsection has been held by the commissioner of public lands or his designated representative in accordance with procedures adopted by the commissioner of public lands; and

(4) if the commissioner of public lands finds after considering the evidence produced at the hearing that a waiver of the provision would be in the best interests of the trust beneficiaries considering long-range and short-range benefits.

B. A waiver granted under Subsection A of this section shall be limited to a definite period of time not to exceed five years. Waivers may be renewed by the commissioner but only after following the procedure required under Subsection A of this section.
N.M. Stat. § 9-16-10 — NM Code / Chapter 9 / Article 16 / Section 9-16-10
§ 9-16-10. Organizational units of department; powers and duties specified by law; access to information
Status: in_force

Those organizational units of the department and the officers of those units specified by law shall have all of the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the superintendent, and he shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 22 of this act. The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.
N.M. Stat. § 18-6-8 — NM_STATUTES Code / Chapter 18 / Article 6 / Section 18-6-8
§ 18-6-8. State historic preservation officer; appointment; qualifications; duties
Status: in_force

A. The “historic preservation division” is created within the cultural affairs department.

B. The state historic preservation officer shall be the director of the division and shall be hired by the secretary of cultural affairs with the consent of the governor. The position's qualifications shall be consistent with but not limited to the following:

(1) a graduate degree in American history, anthropology, architecture or historic preservation;

(2) at least five years of professional experience in American history, anthropology, architecture or historic preservation or any combination of these; or

(3) a substantial contribution through research and publication to the body of scholarly knowledge in the field of American history, anthropology, architecture or historic preservation or any combination of these.

C. The state historic preservation officer shall administer the Cultural Properties Act, including being administrative head of all Cultural Properties Act functions assigned to the historic preservation division by law or executive order. In addition, the state historic preservation officer shall coordinate all duties performed by, and cooperate with, the committee, the secretary of cultural affairs and any other entities, public or private, involved with cultural properties.

D. The state historic preservation officer, in conjunction with the secretary of cultural affairs:

(1) shall provide staff to the committee;

(2) shall maintain the state register of cultural properties;

(3) may fund historic site surveys and may fund restorations;

(4) shall administer historic preservation tax benefit programs;

(5) shall review state undertakings to determine their effect upon significant historic properties;

(6) shall adopt and promulgate rules regulating the use of the division's statewide historic and prehistoric site databases and archives, including a fee schedule to cover the reasonable cost of using the databases and archives; and

(7) may solicit and receive funds or property, including federal funds and public and private grants, for programs and activities administered by the state historic preservation officer.

E. Fees collected pursuant to Paragraph (6) of Subsection D of this section shall be used to maintain and administer the division's statewide historic and prehistoric site databases and archives.
N.M. Stat. § 10-16G-14 — NM_STATUTES Code / Chapter 10 / Article 16G / Section 10-16G-14
§ 10-16G-14. Criminal violations; referral
Status: in_force

If the commission finds at any time that a respondent's conduct amounts to a criminal violation, the director shall consult with the attorney general or an appropriate district attorney, and the commission may refer the matter to the attorney general or an appropriate district attorney. The commission may provide the attorney general or district attorney with all evidence collected during the commission's investigation. Nothing in this section prevents the commission from taking any action authorized by the State Ethics Commission Act or deciding to suspend an investigation pending resolution of any criminal charges.
N.M. Stat. § 72-16-42 — NM Code / Chapter 72 / Article 16 / Section 72-16-42
§ 72-16-42. Issuance of warrants
Status: in_force

The authority is authorized to defray the cost of any services, or supplies, equipment or other materials furnished to or for the benefit of the authority by the issuance of warrants to evidence the amount due therefor, without an election, in anticipation of taxes or other revenues, or both.
N.M. Stat. § 1-4-5.6 — NM Code / Chapter 1 / Article 4 / Section 1-4-5.6
§ 1-4-5.6. Unlawful use or disposition of voter data, mailing labels or special voter lists; penalties
Status: in_force

A. Unlawful use of voter data, mailing labels or special voter lists consists of:

(1) the knowing and willful selling, loaning, providing access to or otherwise surrendering of voter data, mailing labels or special voter lists by a person for purposes prohibited by the Election Code; or

(2) causing voter data, mailing labels or special voter lists or any part of the voter data, mailing label or special voter lists that identifies, or that could be used to identify, a specific voter or the voter's name, mailing or residence address to be made publicly available on the internet or through other means.

B. Any person, organization or corporation or agent, officer, representative or employee thereof who commits unlawful use of voter data, mailing labels or special voter lists is guilty of a fourth degree felony and upon conviction shall be fined one hundred dollars ($100) for each line of voter information that was unlawfully used.

C. Each unlawful use of voter data, mailing labels or special voter lists constitutes a separate offense.
N.M. Stat. § 3-59-2 — NM Code / Chapter 3 / Article 59 / Section 3-59-2
§ 3-59-2. Pollution Control Revenue Bond Act; definitions
Status: in_force

Wherever used in the Pollution Control Revenue Bond Act, unless a different meaning clearly appears in the context, the following terms, whether used in the singular or plural, shall be given the following respective interpretations:

A. “municipality” means any incorporated municipality in New Mexico;

B. “project” means any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment or any combination thereof, or any interest in any one or more of the foregoing, whether or not presently in existence or under construction, used by any individual, partnership, firm, company, corporation (including a public utility), association, trust, estate, political subdivision, state agency or any other legal entity, or its legal representative, agent or assigns, substantially for the reduction, abatement or prevention of pollution, including, but not limited to, the removal of pollutants, contaminants or foreign substances from land, air or water, or for the removal or treatment of any substance in a processed material which otherwise would cause pollution when such material is used;

C. “governing body” means the board or body in which the legislative powers of the municipality are vested;

D. “property” means any land, improvements thereon, buildings and any improvements thereto, machinery and equipment of any and all kinds, whether or not presently in existence or under construction, necessary to the project or projects or substantially related to the project or projects, operating capital and any other personal properties deemed necessary or substantially related to the project or projects, in connection with the said project or projects;

E. “mortgage” means a mortgage or a mortgage and deed of trust, or the pledge and hypothecation of any assets as collateral security; and

F. “pollution” means any form of environmental pollution including, but not limited to, water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination or noise pollution.
N.M. Stat. § 3-36-2 — NM_STATUTES Code / Chapter 3 / Article 36 / Section 3-36-2
§ 3-36-2. Effect of filing notice of lien
Status: in_force

After the filing of the notice of the lien in the office of the county clerk, the municipality shall have a lien upon the property described in the notice of lien. The filing of the notice of the lien shall be notice to all the world of the existence of the lien and of the contents of the notice of lien. No such lien shall affect the title or rights to or in any real estate, of any purchaser, mortgagee in good faith or judgment lien creditor, without knowledge of the existence of such lien, unless the notice of the lien is filed in accordance with Section 3-36-1 NMSA 1978 in the office of the county clerk of the county in which the real estate affected thereby is situated. All municipal liens filed in conformity with Sections 3-36-1 through 3-36-6 NMSA 1978 shall be first and prior liens on the property subject only to the lien of general state and county taxes.