FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 63-3-39 — NM Code / Chapter 63 / Article 3 / Section 63-3-39
§ 63-3-39. Industrial railroads; hauling for others; not considered common carrier
Status: in_force

No person or persons, and no industrial corporation not incorporated as a common carrier under the laws of this or some other state, and not holding himself, or itself, out as such common carrier, owning or operating industrial railroad tracks in connection with any industry in this state, shall be held or construed to be a common carrier by virtue of, or because of, the hauling of materials or supplies for others upon such industrial tracks, either free or under private contract for compensation for such service, and any and all contracts made for such service shall be lawful.
N.M. Stat. § 42-14-2 — NM Code / Chapter 42 / Article 14 / Section 42-14-2
§ 42-14-2. Definitions
Status: in_force

As used in the Right to Repair Act:

A. “ construction defect ” means a deficiency in the construction of a dwelling that is the result of a failure to exercise that degree of skill a reasonably prudent person skilled in such work would exercise in such circumstances;

B. “ construction professional ” means a contractor or subcontractor performing the construction of a dwelling;

C. “ dwelling ” means a newly constructed single family housing unit designed for residential use. “ Dwelling ” includes the systems and other components and improvements that are part of a single family housing unit at the time of construction;

D. “ dwelling action ” means a complaint in court or the mechanism for dispute resolution in the construction contract between the purchaser and seller involving an alleged construction defect brought by a purchaser against the seller of a dwelling arising out of or related to the construction of the dwelling;

E. “ purchaser ” means a person or entity who was the original purchaser or subsequent owner of a dwelling;

F. “ reasonable detail ” includes all of the following:

(1) an itemized list that describes each alleged construction defect; and

(2) the street address of the dwelling where the alleged construction defect is observed and the location in the dwelling that is the subject of the notice; and

G. “ seller ” means the party responsible for construction of the dwelling.
N.M. Stat. § 73-11-38 — NM Code / Chapter 73 / Article 11 / Section 73-11-38
§ 73-11-38. Delinquent taxes; interest
Status: in_force

On January 1st of each year if the taxes, levies and assessments made the previous year shall not have been paid, one-half thereof shall become delinquent and on July 1st following if not paid, the remaining one-half of said taxes, assessments and levies shall become delinquent and such taxes, assessments and levies from the respective dates of delinquency shall bear interest at the rate of one percent per month until paid.
N.M. Stat. § 74-4A-13 — NM Code / Chapter 74 / Article 4A / Section 74-4A-13
§ 74-4A-13. Interrelationship with task force
Status: in_force

The committee shall meet regularly to review the work of, and work with, the task force. Prior to the state's acceptance of any agreement, the committee shall review and advise the task force of committee concerns and recommendations regarding all agreements negotiated by or in the name of the task force. Executive reports from the task force shall be presented annually at the first committee meeting following the close of the regular legislative session each year.
N.M. Stat. § 60-6C-2 — NM Code / Chapter 60 / Article 6C / Section 60-6C-2
§ 60-6C-2. Hearings; location; open to public; hearing officer
Status: in_force

All hearings held pursuant to the provisions of the Liquor Control Act shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county in which the licensed premises or the business of the person issued an alcoholic beverage delivery permit that is the subject matter of the hearing is located. All such hearings shall be open to the public.
N.M. Stat. § 1-14-25 — NM_STATUTES Code / Chapter 1 / Article 14 / Section 1-14-25
§ 1-14-25. Automatic recounts; expenses
Status: in_force

The secretary of state shall reimburse the counties for the costs of conducting an automatic recount with money appropriated to the secretary. In the event that current year appropriations to the secretary of state do not cover the cost of an automatic recount, the secretary may apply to the state board of finance for an emergency grant to cover those costs pursuant to Section 6-1-2 NMSA 1978 .
N.M. Stat. § 25-1-16 — NM_STATUTES Code / Chapter 25 / Article 1 / Section 25-1-16
§ 25-1-16. Homemade food items; exemption
Status: in_force

Other than enforcement actions pursuant to Section 25-1-10 NMSA 1978 , the provisions of the Food Service Sanitation Act shall not apply to homemade food items produced or sold pursuant to the Homemade Food Act.
N.M. Stat. § 21-23-6.3 — NM Code / Chapter 21 / Article 23 / Section 21-23-6.3
§ 21-23-6.3. Fee authorization
Status: in_force

A. The department may establish initial application fees for all colleges, universities or career schools seeking to operate in New Mexico. The initial application fee shall be not less than two hundred dollars ($200) or more than five thousand dollars ($5,000). In setting the fee, the department shall consider the projected revenue of the institution and the projected cost of performing the review.

B. The department may establish an annual licensing fee for all career schools or nonregionally accredited colleges or universities licensed by the department. The licensing fee shall be proportionate to each school's gross annual tuition revenue; provided the fee shall be not less than two hundred dollars ($200) or more than five thousand dollars ($5,000).

C. The department may charge a reasonable administrative fee not to exceed the actual cost of providing the administrative service.

D. All fees imposed and collected by the department shall be deposited in the post-secondary educational institution fund.
N.M. Stat. § 34-2-1 — NM_STATUTES Code / Chapter 34 / Article 2 / Section 34-2-1
§ 34-2-1. Supreme court justices; number; election by position; election of chief justice
Status: in_force

A. There shall be five justices of the supreme court.

B. In any election where more than one justice is to be nominated or elected for a term of the same length, the officer issuing the election proclamation shall designate as many positions, numbered consecutively, as there are places to be filled for terms of the same length. Each of these places shall be identified by the position number in all nominations and elections.

C. At their first meeting in April of each even-numbered year, the justices of the supreme court shall, by a majority vote, designate one of their number, not appointed, to serve as chief justice. In the absence of the chief justice, the senior justice present at the seat of government shall exercise the powers of chief justice. Seniority shall be determined by the length of present continuous service on the supreme court. In the event of a vacancy in the office of chief justice, the justices shall, by majority vote, designate one of their eligible number to serve for the remainder of the term.
N.M. Stat. § 6-29-2 — NM Code / Chapter 6 / Article 29 / Section 6-29-2
§ 6-29-2. Findings and purpose
Status: in_force

A. The legislature finds that:

(1) tribes lack basic infrastructure resulting in poor social, health and economic conditions of tribal communities;

(2) adequate infrastructure such as water and wastewater systems, major water systems, electrical power lines, communications, roads, health and emergency response facilities and infrastructure needed for economic development are essential to improved health, safety and welfare of all New Mexicans, including residents of tribal communities;

(3) local tribal efforts and resources have been insufficient to develop and maintain a consistent and adequate level of infrastructure in tribal communities;

(4) addressing the urgent need of replacing, improving and developing tribal infrastructure through the use of an alternative financing mechanism is a long-term cost savings benefit to both the state and the tribes; and

(5) adequate infrastructure development on tribal land will allow tribal members to achieve the basic conditions necessary to improve the quality of their lives.

B. The purposes of the Tribal Infrastructure Act are to:

(1) ensure adequate financial resources for infrastructure development for tribal communities;

(2) provide for the planning and development of infrastructure in an efficient and cost-effective manner; and

(3) develop infrastructure in tribal communities to improve the quality of life and encourage economic development.
N.M. Stat. § 20-2-5 — NM_STATUTES Code / Chapter 20 / Article 2 / Section 20-2-5
§ 20-2-5. Fresh pursuit
Status: in_force

A. In case the United States is at war or in case of any other emergency declared by the president or the congress of the United States or by the governor or the legislature of this state, any organization, unit or detachment of the military forces of this state by direction of the governor and upon order of the officer in immediate command thereof may continue in fresh pursuit of insurrectionists, saboteurs, perpetrators of felony, enemies or enemy forces beyond the borders of this state into another state of the United States until they are apprehended or captured by such organization, unit or detachment or until the military or police forces of such other state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons pursued, provided such other state shall have given authority by law for such pursuit by such forces of this state. Except as otherwise provided by law, any person who shall be apprehended or captured in another state of the United States by any of the forces of this state shall without unnecessary delay be surrendered to the military or police forces of the state in which he is taken or to the United States, but such surrender shall not constitute a waiver by this state of its right to extradite or prosecute such person for any crime committed in this state.

B. Military forces of other states of the United States may enter this state. Any military forces of another state of the United States who are in fresh pursuit of insurrectionists, saboteurs, perpetrators of felony, enemies or enemy forces may continue such pursuit into this state until the military or police forces of this state or the forces of the United States have had a reasonable opportunity to take up the pursuit or to apprehend or capture the persons pursued and the pursuing forces may arrest or capture such persons within this state while in fresh pursuit. Any such person who shall be captured or arrested by the military forces of such other state while in this state shall without unnecessary delay be surrendered to the military or police forces of this state to be dealt with according to law.

C. This section shall not be construed so as to make unlawful any arrest in this state which would otherwise be lawful or to repeal or prevent the application of any of the provisions of the Uniform Act on Fresh Pursuit.
N.M. Stat. § 68-2-6 — NM Code / Chapter 68 / Article 2 / Section 68-2-6
§ 68-2-6. Division to serve as contracting agency for state; contracting authority
Status: in_force

For the purposes of the Forest Conservation Act, the forestry division of the energy, minerals and natural resources department is designated as the agent of the state and is authorized to enter into contracts and cooperative agreements with the secretary of agriculture of the United States of America, private landowners, the commissioner of public lands of the state, individuals, corporations or other local, state, federal and private agencies or organizations to carry out the provisions of the Forest Conservation Act and to do all other acts necessary to take advantage of and carry out the provisions of the acts of congress promulgated for the purposes of the Forest Conservation Act and the federal Cooperative Forestry Assistance Act of 1978, as amended.
N.M. Stat. § 58-18-7.2 — NM Code / Chapter 58 / Article 18 / Section 58-18-7.2
§ 58-18-7.2. Secondary market facility; findings and purposes; establishment
Status: in_force

A. The legislature finds and declares that it is necessary and in the public interest that the authority be authorized to create, operate, fund, administer and maintain a secondary market facility for mortgage loans and to otherwise act as a conduit for public and private funds to provide an increased degree of liquidity for mortgage investments, thereby improving the distribution and availability of investment capital for use in mortgage investments in this state and promoting the economic well-being of the state through increased opportunity for employment, all of which are expressly declared to be valid public purposes and corporate purposes that may be exercised by the authority.

B. In connection with the establishment and implementation of a secondary market facility, the authority may issue pass-through securities and may purchase and contract to purchase mortgage loans, pass-through securities, obligations secured by mortgage loans, or revenues therefrom or interests therein, at the prices and upon the terms and conditions as the authority shall determine. All mortgage lenders are authorized to sell mortgage loans, pass-through securities and such obligations to the secondary market facility in accordance with the provisions of this section and the rules and regulations of the authority.

C. To provide funding for the secondary market facility, the authority or the secondary market facility may enter into agreements to administer funds made available to the secondary market facility, at such prices and upon such terms and conditions as the authority shall determine, and may issue its bonds, notes, other obligations, pass-through securities and guarantees in the same manner and on the same terms and conditions as the authority may issue its bonds and notes pursuant to Section 58-18-11 NMSA 1978 or on such other terms and conditions as the authority shall determine. In no event shall any bonds, notes, other obligations, pass-through securities or guarantees constitute an obligation, either general or special, of the state or any political subdivision thereof or constitute pecuniary liability of the state or any political subdivision thereof.

D. Notwithstanding any other provisions of the Mortgage Finance Authority Act, the state shall have the power, out of funds legally available therefor, to purchase and to contract to purchase from the authority pass-through securities or participations therein and mortgage loans or participations therein.
N.M. Stat. § 9-1-6 — NM Code / Chapter 9 / Article 1 / Section 9-1-6
§ 9-1-6. Adjunct agencies
Status: in_force

“Adjunct agencies” are those agencies, boards, commissions, offices or other instrumentalities of the executive branch, not assigned to the elected constitutional officers, which are excluded from any direct or administrative attachment to a department, which retain policymaking and administrative autonomy separate from any other instrumentality of state government.
N.M. Stat. § 40-2-9 — NM Code / Chapter 40 / Article 2 / Section 40-2-9
§ 40-2-9. Consideration in separation contract
Status: in_force

The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section.
N.M. Stat. § 10-11-100 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-100
§ 10-11-100. Municipal fire member coverage plan 3; amount of pension; form of payment A
Status: in_force

Under municipal fire member coverage plan 3:

A. for a member with age and service requirements provided under Subsection A of Section 10-11-99 NMSA 1978 , the amount of pension under form of payment A is equal to two and one-half percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary; and

B. for a member with age and service requirements provided under Subsection B of Section 10-11-99 NMSA 1978 , the amount of pension under form of payment A is equal to two percent of the final average salary multiplied by credited service. The amount shall not exceed one hundred percent of the final average salary.
N.M. Stat. § 9-7A-10 — NM_STATUTES Code / Chapter 9 / Article 7A / Section 9-7A-10
§ 9-7A-10. Advisory committees
Status: in_force

A. Advisory committees may be created. “Advisory” means furnishing advice, gathering information, making recommendations and performing such other activities as may be instructed or delegated and as may be necessary to fulfill advisory functions or to comply with federal or private funding requirements and does not extend to administering a program or function or setting policy unless specified by law. Advisory committees shall be appointed in accordance with the provisions of the Executive Reorganization Act. 1

B. All members of advisory committees appointed under the authority of this section shall receive as their sole remuneration for services as a member those amounts authorized under the Per Diem and Mileage Act. 2
N.M. Stat. § 7-1-6.18 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-6.18
§ 7-1-6.18. Distribution; veterans' state cemetery fund
Status: in_force

A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the veterans' state cemetery fund of the amounts designated pursuant to Section 7-2-28 NMSA 1978 as contributions to that fund after the city of Santa Fe has received the balance of tax refund contributions in the amount of one million seventy thousand dollars ($1,070,000).
N.M. Stat. § 4-33-1 — NM_STATUTES Code / Chapter 4 / Article 33 / Section 4-33-1
§ 4-33-1. Annexation of a portion of a county to another county; reasons
Status: in_force

Whenever, because of the location and conditions of roads, or the existence or nonexistence of transportation facilities, it will be more convenient for the residents of any portion of a county to travel to the county seat of some other contiguous county, and because of such location and condition of roads or the existence or nonexistence of transportation facilities, it will be more convenient and economical for such other county to render governmental services to such portion of such other county, the portion of the county so affected may be annexed to such other county in the following manner.
N.M. Stat. § 18-2-10 — NM Code / Chapter 18 / Article 2 / Section 18-2-10
§ 18-2-10. Permanent professional certificate
Status: in_force

A permanent professional librarian's certificate shall be issued without examination to an applicant, otherwise qualified under the rules and regulations of the state librarian who is a graduate of a library school accredited by the American library association.
N.M. Stat. § 9-26-8 — NM_STATUTES Code / Chapter 9 / Article 26 / Section 9-26-8
§ 9-26-8. Division directors
Status: in_force

The secretary shall appoint, with the approval of the governor, directors of such divisions as are established within the department. The positions so appointed are exempt from the Personnel Act.
N.M. Stat. § 21-21A-1 — NM Code / Chapter 21 / Article 21A / Section 21-21A-1
§ 21-21A-1. Short title
Status: in_force

Chapter 21, Article 21A NMSA 1978 may be cited as the “Educational Assistance Act”.
N.M. Stat. § 10-11-87 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-87
§ 10-11-87. Municipal fire member coverage plan 1; age and service requirements for normal retirement
Status: in_force

Under municipal fire member coverage plan 1:

A. for a member who was a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

(1) age sixty-five years or older and five or more years of credited service;

(2) age sixty-four years and eight or more years of credited service;

(3) age sixty-three years and eleven or more years of credited service;

(4) age sixty-two years and fourteen or more years of credited service;

(5) age sixty-one years and seventeen or more years of credited service;

(6) age sixty years and twenty or more years of credited service; or

(7) any age and twenty-five or more years of credited service; and

B. for a member who was not a retired member or a member on June 30, 2013, the age and service requirements for normal retirement are:

(1) age sixty years or older and five or more years of service credit; or

(2) any age and twenty-five or more years of service credit.
N.M. Stat. § 59A-39-22 — NM Code / Chapter 59A / Article 39 / Section 59A-39-22
§ 59A-39-22. Aggregate liability
Status: in_force

No one policy or subscriber to such policy, shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by a domestic reciprocal insurer in any one calendar year, in excess of the amount provided for in the power of attorney or in the subscribers' agreement, computed solely upon the premium earned on such policy during that year.
N.M. Stat. § 36-2-30 — NM Code / Chapter 36 / Article 2 / Section 36-2-30
§ 36-2-30. Solicitation of damage claims; injunction
Status: in_force

The attorney general or the board of bar commissioners of the New Mexico state bar association or any person, firm, corporation or association against whom any claim for damage to property or damages for personal injuries or for death resulting therefrom, is or has been asserted, may file an action for an injunction in the district court against any person, firm, corporation or association who has solicited employment for himself or itself or another, or for whom employment has been solicited, to collect or prosecute such claim, and in any such action the court, upon finding that such employment was solicited in violation of this act [section], whether such solicitation was successful or unsuccessful, may enjoin and permanently restrain such person, firm, corporation or association, his or its agents, representatives and principals from soliciting any such claims against any person, firm, corporation or association subsequent to the date of the injunction.
N.M. Stat. § 40-4A-1 — NM Code / Chapter 40 / Article 4A / Section 40-4A-1
§ 40-4A-1. Short title
Status: in_force

This act may be cited as the “Support Enforcement Act”.
N.M. Stat. § 61-37-9 — NM Code / Chapter 61 / Article 37 / Section 61-37-9
§ 61-37-9. Issuance of licenses; reasons for denial
Status: in_force

A. Beginning January 1, 2021, the division shall begin issuing licenses.

B. The division shall grant or deny an application for a license or for a license renewal made pursuant to the Tobacco Products Act after the complete application is submitted to the division. The division shall approve the application for issuance of a license or for a license renewal if the division determines that the applicant meets the requirements of the Tobacco Products Act and the rules promulgated pursuant to that act.

C. If a complete application for a license or for a license renewal is denied, the division shall state the reasons for the denial. The applicant may reapply within thirty days after the date of the denial. The division shall not charge a fee for a reapplication made within that period.
N.M. Stat. § 50-4-18 — NM Code / Chapter 50 / Article 4 / Section 50-4-18
§ 50-4-18. Disposition of fines
Status: in_force

All fines collected for violation of this act shall be deposited with the state treasurer, and be covered in the free textbook fund.
N.M. Stat. § 32A-7A-7 — NM Code / Chapter 32A / Article 7A / Section 32A-7A-7
§ 32A-7A-7. Board; compensation
Status: in_force

The members of the juvenile public safety advisory board shall receive per diem and mileage as provided for nonsalaried public officers in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance.