FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 61-33-2 — NM Code / Chapter 61 / Article 33 / Section 61-33-2
§ 61-33-2. Definitions
Status: in_force

As used in the Utility Operators Certification Act:

A. “ certified operator ” means a person who is certified by the department as being qualified to operate one of the classifications of public water supply systems or public wastewater facilities;

B. “ commission ” means the water quality control commission;

C. “ department ” means the department of environment;

D. “ domestic liquid waste ” means human excreta and water-carried waste from typical residential plumbing fixtures and activities, including waste from toilets, sinks, bath fixtures, clothes or dishwashing machines and floor drains;

E. “ domestic liquid waste treatment unit ” means any system that is designed to discharge less than two thousand gallons per day and that is subject to rules promulgated by the environmental improvement board pursuant to Paragraph (3) of Subsection A of Section 74-1-8 NMSA 1978 or a watertight unit designed, constructed and installed to stabilize only domestic liquid waste and to retain solids contained in such domestic liquid waste, including septic tanks;

F. “ operate ” means performing any activity, function, process control decision or system integrity decision regarding water quality or water quantity that has the potential to affect the proper functioning of a public water supply system or public wastewater facility or to affect human health, public welfare or the environment;

G. “ person ” means any agency, department or instrumentality of the United States and any of its officers, agents or employees, the state or any agency, institution or political subdivision thereof, any public or private corporation, individual, partnership, association or other entity, and includes any officer or governing or managing body of any political subdivision or public or private corporation;

H. “ public wastewater facility ” means a system of structures, equipment and processes designed to collect and treat domestic and industrial waste and dispose of the effluent, but does not include:

(1) any domestic liquid waste treatment unit; or

(2) any industrial facility subject to an industrial pretreatment program regulated by the United States environmental protection agency under the requirements of the federal Clean Water Act of 1977; 1 and

I. “ public water supply system ” means:

(1) a system for the provision through pipes or other constructed conveyances to the public of water for human consumption or domestic purposes if the system:

(a) has at least fifteen service connections; or

(b) regularly serves an average of at least twenty-five individuals at least sixty days of the year; and

(2) includes any water supply source and any treatment, storage and distribution facilities under control of the operator of the system.
N.M. Stat. § 11-1-4 — NM_STATUTES Code / Chapter 11 / Article 1 / Section 11-1-4
§ 11-1-4. Terms and conditions of joint agreements
Status: in_force

A. Every agreement executed by one or more public agencies shall clearly specify the purpose of the agreement or for any power which is to be exercised. The agreement shall provide for the method by which the purpose will be accomplished and the manner in which any power will be exercised under such agreement.

B. The parties to the agreement may provide therein that:

(1) contributions from the funds of the public agencies may be made for the purpose set forth in the agreement; or

(2) payments of public funds may be made to defray cost of such agreement; or

(3) advances of public funds of the public agencies be made for the purpose set forth in the agreement and that such advances be repaid as provided in such agreement.

C. The agreement may provide that funds be paid to and disbursed by the agency agreed upon by the public agencies under the terms of the agreement.

D. The agreement shall provide for strict accountability of all receipts and disbursements.

E. The agreement may be continued for a definite term or until rescinded or terminated, and may provide for the method by which it may be rescinded or terminated by any party.

F. The agreement shall provide for the disposition, division or distribution of any property acquired as the result of the joint exercise of powers, and shall further provide that after the completion of the agreement's purpose any surplus money on hand shall be returned in proportion to the contributions made.

G. If the purpose set forth in [the] agreement is the acquisition, construction or operation of a revenue-producing facility, the agreement may provide:

(1) for the repayment or return to the parties of all or any part of any contributions, payments or advancements made by the parties pursuant to such agreement; and

(2) for payment to the parties of any sum derived from the revenues of such facilities.

H. Payments, repayments or returns to a public agency shall be made at the time and in the manner specified in the agreement.
N.M. Stat. § 60-6A-28 — NM Code / Chapter 60 / Article 6A / Section 60-6A-28
§ 60-6A-28. Nonresident licenses
Status: in_force

Notwithstanding the provisions of Sections 60-6B-1 and 60-6B-2 NMSA 1978 , a person not a citizen of the United States may apply for and be granted, subject to other qualifications required by the Liquor Control Act, any license established by the provisions of the Domestic Winery and Small Brewery Act; provided that the director of the department of alcoholic beverage control, in qualifying such licensees, may investigate the applicant's background by contacting the appropriate state or foreign governmental agencies, including police and international police organizations, and may require the furnishing of such documentation as necessary to determine the applicant's qualifications under the Liquor Control Act.
N.M. Stat. § 40-3-5 — NM Code / Chapter 40 / Article 3 / Section 40-3-5
§ 40-3-5. Disposition of real property without joinder where spouse is prisoner of war/person missing-in-action
Status: in_force

A. If a spouse is reported by the United States department of defense to be a prisoner of war/person missing-in-action, the other spouse may, not less than six months after such report, file a petition of the facts which make it desirable for the petitioning spouse to engage in a transaction for which joinder of both spouses is required by Section 57-4-3 NMSA 1953 .

B. The petition shall be filed in a district court of any county in which real property described in the petition is located.

C. The district court shall appoint a guardian ad litem for the prisoner of war/person missing-in-action and shall allow such guardian a reasonable fee for his services.

D. A notice, stating that the petition has been filed and specifying the date of the hearing, accompanied by a copy of the petition shall be issued and served on the guardian ad litem and shall be published once each week for four successive weeks in a newspaper of general circulation in the county in which the proceeding is pending. The last such publication shall be made at least twenty days before the hearing.

E. After the hearing, the district court may allow the petitioning spouse alone to engage in a transaction for which joinder of both spouses is required by Section 57-4-3 NMSA 1953 upon such terms and conditions as may be appropriate or necessary to protect the interests of the absent spouse.

F. Any sale, lease, conveyance or encumbrance authorized by the district court pursuant to Subsection E of this section shall be confirmed by order of the district court, and that order of confirmation may be recorded in the office of the county clerk of the county where any property affected thereby is situated.
N.M. Stat. § 6-25-11 — NM Code / Chapter 6 / Article 25 / Section 6-25-11
§ 6-25-11. Project revenue bonds legal investments
Status: in_force

Project revenue bonds issued pursuant to the Statewide Economic Development Finance Act shall be legal investments in which all insurance companies, banks and savings and loan associations organized under the laws of the state, public officers and public bodies and all administrators, guardians, executors, trustees and other fiduciaries, including the state investment council, may properly and legally invest funds.
N.M. Stat. § 21-12-9 — NM_STATUTES Code / Chapter 21 / Article 12 / Section 21-12-9
§ 21-12-9. Organization of cadets; cadet commissions; authority of superintendent
Status: in_force

The superintendent of the New Mexico military institute shall have power to organize the cadets of the New Mexico military institute into military units and to appoint cadet officers and noncommissioned officers who shall hold their offices at the pleasure of the superintendent. Commissions shall be issued by the superintendent to cadet officers, and shall be known as cadet commissions. The superintendent shall have power to designate and prescribe the number and rank and duties of cadet officers and noncommissioned officers.
N.M. Stat. § 18-2-7.1 — NM Code / Chapter 18 / Article 2 / Section 18-2-7.1
§ 18-2-7.1. Distribution system; limitation
Status: in_force

The state library depository shall not engage in the direct distribution of state publications to the general public except in those cases where the state library does so in the course of operating as a library or a state extension service.
N.M. Stat. § 13-6-4 — NM Code / Chapter 13 / Article 6 / Section 13-6-4
§ 13-6-4. Definitions
Status: in_force

As used in Chapter 13, Article 6 NMSA 1978:

A. “ local public body ” means all political subdivisions, except municipalities and school districts, of the state and their agencies, instrumentalities and institutions;

B. “ state agency ” means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions other than state educational institutions;

C. “ state educational institutions ” means those institutions designated by Article 12, Section 11 of the constitution of New Mexico ; and

D. “ school districts ” means those political subdivisions of the state established for the administration of public schools, segregated geographically for taxation and bonding purposes and governed by the Public School Code.
N.M. Stat. § 12-9A-2 — NM_STATUTES Code / Chapter 12 / Article 9A / Section 12-9A-2
§ 12-9A-2. Purpose
Status: in_force

The purpose of the Sunrise Act is to assure that an unregulated profession or occupation that is not under the authority of an existing agency and that seeks to create a new board or commission for the public health, safety or welfare complies with the provisions of the Sunrise Act.
N.M. Stat. § 19-5-9 — NM Code / Chapter 19 / Article 5 / Section 19-5-9
§ 19-5-9. Water developed by lessee; credit
Status: in_force

The commissioner may contract with lessees of state lands to develop water thereon, and in consideration of any such improvement the lessee shall be credited with not to exceed one-third of the rental value of the land leased during the term of the lease.
N.M. Stat. § 58-21B-6 — NM Code / Chapter 58 / Article 21B / Section 58-21B-6
§ 58-21B-6. Issuance of license
Status: in_force

The director shall not issue a mortgage loan originator license unless the director makes at a minimum the following findings:

A. the applicant has never had a mortgage loan originator license revoked in any governmental jurisdiction, except that a formal vacation of such revocation shall not be deemed a revocation;

B. the applicant has not been convicted of, or pled guilty or nolo contendere to, a felony in a domestic, foreign or military court, not including a juvenile court:

(1) during the seven-year period preceding the date of the application for licensing and registration; or

(2) at any time preceding the date of application, if the felony involved an act of fraud or dishonesty, a breach of trust or money laundering; and

(3) provided that any pardon of a conviction shall not be a conviction for the purposes of this subsection;

C. the applicant has demonstrated financial responsibility, good character and general fitness so as to command the confidence of the community and to warrant a determination that the mortgage loan originator will operate honestly, fairly and efficiently within the purposes of the New Mexico Mortgage Loan Originator Licensing Act. For the purposes of this subsection, an individual has shown that the individual is not financially responsible when the individual has shown a disregard in the management of the individual's own financial condition. A determination that an individual has not shown financial responsibility may include but is not limited to:

(1) current outstanding judgments, except judgments solely as a result of medical expenses;

(2) current outstanding tax liens or other government liens and filings;

(3) foreclosures within the past three years; or

(4) a pattern of seriously delinquent accounts within the past three years;

D. the applicant has completed the pre-licensing education requirement set forth in Section 7 of the New Mexico Mortgage Loan Originator Licensing Act;

E. the applicant has passed a written test that meets the test requirement set forth in Section 8 of the New Mexico Mortgage Loan Originator Licensing Act; and

F. the applicant has met the surety bond requirements set forth in Section 17 of the New Mexico Mortgage Loan Originator Licensing Act.
N.M. Stat. § 6-31-4 — NM Code / Chapter 6 / Article 31 / Section 6-31-4
§ 6-31-4. Economic development grant program; created; oversight
Status: in_force

A. The “economic development grant program” is created in the department. The commission shall oversee the program, and the department shall provide administrative assistance to the commission as needed.

B. The commission shall:

(1) establish and publish deadlines and guidelines for the submission of grant applications;

(2) develop procedures for receipt, review and approval of grant applications;

(3) receive, review and approve grant applications;

(4) award grants to local and regional economic development agencies for up to fifty percent of the cost to the agencies to hire economic development professionals;

(5) monitor local and regional economic development agencies' use of grant money by reviewing annual reports submitted by those agencies to the commission to ensure that grants are used consistently with the agencies' grant applications; and

(6) perform other duties as necessary to carry out the provisions of the Economic Development Grant Act.
N.M. Stat. § 5-3-15 — NM_STATUTES Code / Chapter 5 / Article 3 / Section 5-3-15
§ 5-3-15. Supervision and control of auditorium
Status: in_force

Any auditorium constructed pursuant hereto shall be under the supervision and control of the board of county commissioners of the county wherein it is located, and shall be maintained and used for such purposes as the boards of county commissioners may from time to time determine.
N.M. Stat. § 12-12A-13 — NM_STATUTES Code / Chapter 12 / Article 12A / Section 12-12A-13
§ 12-12A-13. Uniformity of application and construction
Status: in_force

In applying and construing the Uniform Emergency Volunteer Health Practitioners Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
N.M. Stat. § 18-6-10 — NM Code / Chapter 18 / Article 6 / Section 18-6-10
§ 18-6-10. Cultural properties on private land
Status: in_force

A. It is the declared intent of the legislature that field archeology on privately owned lands should be discouraged except in accordance with the provisions and spirit of the Cultural Properties Act; and persons having knowledge of the location of archeological sites are encouraged to communicate such information to the committee.

B. It shall be deemed an act of trespass and a misdemeanor for any person to remove, injure or destroy registered cultural properties situated on private lands or controlled by a private owner without the owner's prior permission. Where the owner of a registered cultural property has submitted his acceptance in writing to the committee's registration of that cultural property, the provisions of Section 8 of the Cultural Properties Act shall apply to that registered cultural property.

C. Where a cultural property is on private land or is otherwise privately owned and the committee determines that such cultural property is worthy of preservation and inclusion on the official register, the committee may recommend the procedure best calculated to ensure preservation. Such procedures may include:

(1) providing technical assistance to the owner who is willing to restore, preserve and maintain the cultural property;

(2) acquiring the property or an easement or other right therein by gift or purchase;

(3) advising the county or municipality within which the cultural property is located on zoning the property as an historic area or district in accordance with the Historic District Act;

(4) advising the county or municipality within which the cultural property is located on the use of agreements, purchases or the right of eminent domain to obtain control of the cultural property in accordance with the Historic District Act; and

(5) acquiring the property for the state by use of the right of eminent domain.
N.M. Stat. § 27-8-8 — NM Code / Chapter 27 / Article 8 / Section 27-8-8
§ 27-8-8. Regulations
Status: in_force

The secretary shall adopt such rules and regulations as may be necessary to carry out the provisions of the Community Action Act.
N.M. Stat. § 7-2-18.14 — NM_STATUTES Code / Chapter 7 / Article 2 / Section 7-2-18.14
§ 7-2-18.14. Solar market development tax credit; residential and small business solar thermal and photovoltaic market development tax credit
Status: in_force

A. Except as provided in Subsection C of this section, a taxpayer who files an individual New Mexico income tax return for a taxable year beginning on or after January 1, 2006 and who purchases and installs after January 1, 2006 but before December 31, 2016 a solar thermal system or a photovoltaic system in a residence, business or agricultural enterprise in New Mexico owned by that taxpayer may apply for, and the department may allow, a solar market development tax credit of up to ten percent of the purchase and installation costs of the system.

B. The total solar market development tax credit allowed for either a photovoltaic system or a solar thermal system shall not exceed nine thousand dollars ($9,000). The department shall allow solar market development tax credits only for solar thermal systems and photovoltaic systems certified by the energy, minerals and natural resources department.

C. Solar market development tax credits may not be claimed or allowed for:

(1) a heating system for a swimming pool or a hot tub; or

(2) a commercial or industrial photovoltaic system other than an agricultural photovoltaic system on a farm or ranch that is not connected to an electric utility transmission or distribution system.

D. The department may allow a maximum annual aggregate of:

(1) two million dollars ($2,000,000) in solar market development tax credits for solar thermal systems; and

(2) three million dollars ($3,000,000) in solar market development tax credits for photovoltaic systems.

E. A portion of the solar market development tax credit that remains unused in a taxable year may be carried forward for a maximum of ten consecutive taxable years following the taxable year in which the credit originates until fully expended.

F. Prior to July 1, 2006, the energy, minerals and natural resources department shall adopt rules establishing procedures to provide certification of solar thermal systems and photovoltaic systems for purposes of obtaining a solar market development tax credit. The rules shall address technical specifications and requirements relating to safety, code and standards compliance, solar collector orientation and sun exposure, minimum system sizes, system applications and lists of eligible components. The energy, minerals and natural resources department may modify the specifications and requirements as necessary to maintain a high level of system quality and performance.

G. As used in this section:

(1) “ photovoltaic system ” means an energy system that collects or absorbs sunlight for conversion into electricity; and

(2) “ solar thermal system ” means an energy system that collects or absorbs solar energy for conversion into heat for the purposes of space heating, space cooling or water heating.
N.M. Stat. § 47-9-4 — NM Code / Chapter 47 / Article 9 / Section 47-9-4
§ 47-9-4. Contracts; agreements
Status: in_force

The Right to Farm Act shall not invalidate any contracts made prior to the enactment of that act but shall be applicable only to contracts and agreements after the effective date of that act. This section shall not be construed to invalidate or supercede land uses and related powers of counties and municipalities.
N.M. Stat. § 21-21N-5 — NM Code / Chapter 21 / Article 21N / Section 21-21N-5
§ 21-21N-5. Lottery tuition fund created; purpose
Status: in_force

A. The “lottery tuition fund” is created in the state treasury. The fund shall be administered by the department. Earnings from investment of the fund shall accrue to the credit of the fund. The fund shall maintain an annual average balance of two million dollars ($2,000,000), and any balance in the fund at the end of any fiscal year shall remain in the fund for appropriation by the legislature as provided in this section.

B. Money in the fund shall be appropriated by the legislature to the department for distribution to New Mexico's public post-secondary educational institutions and tribal colleges to provide tuition assistance for qualified students and legacy students as provided in the Legislative Lottery Tuition Scholarship Act.
N.M. Stat. § 7-27-3 — NM_STATUTES Code / Chapter 7 / Article 27 / Section 7-27-3
§ 7-27-3. Severance tax permanent fund created
Status: in_force

There is created in the state treasury the “severance tax permanent fund”.
N.M. Stat. § 21-1-47 — NM Code / Chapter 21 / Article 1 / Section 21-1-47
§ 21-1-47. Statewide advanced placement policy
Status: in_force

A. Beginning with the 2019-2020 academic year, public post-secondary educational institutions shall accept a score of three or higher on the advanced placement examination for post-secondary level course credit. Institutions that offer a corresponding course for a particular advanced placement examination as a part of their general education degree requirements shall accept a score of three or higher on the advanced placement examination for course credit as part of their general education degree requirements. If an institution does not offer a corresponding course for a particular advanced placement examination, the institution shall award, at a minimum, elective post-secondary level course credit for those students who receive a score of three or higher on that advanced placement examination.

B. An institution shall not require an examination score of more than three unless the chief academic officer provides evidence-based research to the higher education department that the higher score is necessary for a student to be successful in a related or more advanced course for which the lower-division course is a prerequisite. Each institution shall publish its updated course-granting policy for advanced placement in accordance with the requirements of this subsection on its website before the beginning of the 2019-2020 academic year.

C. The higher education department, in cooperation with all public post-secondary educational institutions, shall collect and report the course-granting policy for advanced placement of each institution and the research used by each institution to determine the level of credit and the number of credits provided for the advanced placement examination scores and file a report that includes findings and recommendations to the legislature and the governor. Each institution shall provide the department with all necessary data, in accordance with the federal Family Educational Rights and Privacy Act of 1974, to allow the department to conduct its analysis.