FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 7-1-59 — NM Code / Chapter 7 / Article 1 / Section 7-1-59
§ 7-1-59. Jeopardy assessments
Status: in_force

A. If the secretary at any time reasonably believes that the collection of any tax for which a taxpayer is liable will be jeopardized by delay, the secretary may immediately make a jeopardy assessment of the amount of tax the payment of which to the state the secretary believes to be in jeopardy.

B. A jeopardy assessment is effective upon the delivery, in person or by certified mail, to the taxpayer against whom the liability for tax is asserted, of a document entitled “notice of jeopardy assessment of taxes”, issued in the name of the secretary, stating the nature and amount of the taxes assertedly owed by the taxpayer to the state, demanding of the taxpayer the immediate payment of that amount of tax and briefly informing the taxpayer of the steps that may be taken against the taxpayer as well as of the remedies available to the taxpayer.

C. Notwithstanding any other provision of the Tax Administration Act, if any taxpayer against whom a jeopardy assessment has been made neglects or refuses either to pay the amount of tax demanded of the taxpayer or furnish satisfactory security therefor within five days of the service upon the taxpayer of the notice of jeopardy assessment, the secretary may immediately proceed to collect the tax by levy, as provided in Section 7-1-31 NMSA 1978 , on sufficient property of the taxpayer to satisfy the deficiency, protect the interests of the state by, as provided in Section 7-1-53 NMSA 1978 , enjoining the taxpayer from doing business in New Mexico or both.

D. A taxpayer to whom a jeopardy assessment has been made may cause the procedure of levy or injunction as set forth in Subsection C of this section to be stayed by filing with the department acceptable security in an amount equal to the amount of taxes assessed, as provided in Section 7-1-54 NMSA 1978 . A taxpayer to whom a jeopardy assessment has been made may dispute the jeopardy assessment either by furnishing security and otherwise following the procedures set forth in Section 7-1-24 NMSA 1978 or by paying the tax and claiming a refund as provided by Section 7-1-26 NMSA 1978 .
N.M. Stat. § 29-3-4 — NM Code / Chapter 29 / Article 3 / Section 29-3-4
§ 29-3-4. State agencies; cooperation
Status: in_force

A. It is the duty of the university of New Mexico, the human services department [health care authority department], the department of health and all other state departments, divisions, bureaus, boards, commissions, institutions and officials, free of charge or reward, to cooperate with the law enforcement officers of the state and the New Mexico state police, and to render to them such services and assistance relative to microanalysis, handwriting, toxicology, chemistry, photography, medicine, ballistics and all other sciences and matters relating to or that would aid in controlling crime and the detection, apprehension, identification and prosecution of criminals.

B. Beginning July 1, 2018 and through June 30, 2021, the department of public safety forensic laboratories bureau shall assist a law enforcement agency crime laboratory in a class A county with a population greater than six hundred thousand according to the most recent federal decennial census by processing and testing sexual assault examination kits that consist of one or more samples of biological material collected pursuant to a medical examination of a sexual assault victim for that laboratory. The bureau may charge a laboratory that the bureau assists as provided in this subsection a fee of up to eight hundred dollars ($800) for each sexual assault examination kit that the bureau processes and tests. Fees collected by the bureau in accordance with this subsection shall be deposited in the sexual assault examination kit fund.

C. As used in this section, “ biological material ” means material that is derived from a human body and includes bodily fluids, hair and skin cells.
N.M. Stat. § 76-7-6 — NM Code / Chapter 76 / Article 7 / Section 76-7-6
§ 76-7-6. Public hearing upon petition; consideration by county commissioners
Status: in_force

A. Any person whose land is included in or would be affected by the creation of a noxious weed control district, may upon the day set for the public hearing appear and contest the creation of the proposed district and may offer testimony to show whether or not the district is necessary or would be of benefit to the land included therein.

B. The board of county commissioners shall approve the petition if, after a public hearing, it finds that the creation of the district would be a public benefit and that a substantial portion of the lands within the proposed district would be benefited by its creation. If the board of county commissioners finds that any lands included within the proposed district would not be benefited by its creation it shall exclude the lands and redefine the boundaries of the district accordingly. If the board of county commissioners should find that the proposed district would not be a public benefit, or of benefit to a substantial portion of the land sought to be included therein, it shall refuse the petition.
N.M. Stat. § 24-7B-1 — NM_STATUTES Code / Chapter 24 / Article 7B / Section 24-7B-1
§ 24-7B-1. Short title
Status: in_force

Chapter 24, Article 7B NMSA 1978 may be cited as the “Mental Health Care Treatment Decisions Act”.
N.M. Stat. § 60-2A-9 — NM Code / Chapter 60 / Article 2A / Section 60-2A-9
§ 60-2A-9. Licenses to conduct professional contests
Status: in_force

A. The commission may issue licenses to conduct, hold or give a professional contest to any promoter under such terms and in accordance with such rules as the commission may adopt.

B. Any application for such a license shall be in writing and shall correctly show the promoter. The application shall be accompanied by the annual fee prescribed by law.

C. Before any license is granted to a promoter, the promoter must file a bond in an amount fixed by the commission but not less than two thousand dollars ($2,000) with good and sufficient surety and conditioned for the faithful performance by the promoter of the provisions of the Professional Athletic Competition Act.
N.M. Stat. § 30-7-2.2 — NM_STATUTES Code / Chapter 30 / Article 7 / Section 30-7-2.2
§ 30-7-2.2. Unlawful possession of a handgun by a person; exceptions; penalty
Status: in_force

A. Unlawful possession of a handgun by a person consists of a person knowingly having a handgun in the person's possession or knowingly transporting a handgun, except when the person is:

(1) in attendance at a hunter's safety course or handgun safety course or participating in a lawful shooting activity;

(2) engaging in the use of a handgun for target shooting at an established range authorized by the governing body of the jurisdiction in which the range is located or in an area where the discharge of a handgun without legal justification is not prohibited by law;

(3) engaging in an organized competition involving the use of a handgun;

(4) participating in or practicing for a performance by an organization that has been granted exemption from federal income tax by the United States commissioner of internal revenue as an organization described in Section 501(c)(3) of the United States Internal Revenue Code of 1986 , as amended or renumbered;

(5) engaging in legal hunting or trapping activities;

(6) traveling, with an unloaded handgun in the person's possession, to or from an activity described in Paragraph (1), (2), (3), (4) or (5) of this subsection; or

(7) on real property under the control of the person's parent, grandparent or legal guardian and the person is being supervised by a parent, grandparent or legal guardian.

B. A person who commits unlawful possession of a handgun by a person is guilty of a misdemeanor.

C. As used in this section:

(1) “ person ” means an individual who is less than nineteen years old; and

(2) “ handgun ” means a loaded or unloaded pistol, revolver or firearm that will or is designed to or may readily be converted to expel a projectile by the action of an explosion and the barrel length of which, not including a revolving, detachable or magazine breech, does not exceed twelve inches.
N.M. Stat. § 52-3-1 — NM Code / Chapter 52 / Article 3 / Section 52-3-1
§ 52-3-1. Name of act
Status: in_force

This act shall be known as the “New Mexico Occupational Disease Disablement Law”.
N.M. Stat. § 60-2E-44 — NM Code / Chapter 60 / Article 2E / Section 60-2E-44
§ 60-2E-44. Machine specifications
Status: in_force

To be eligible for licensure, each gaming machine shall meet all specifications established by regulations of the board and:

A. be unable to be manipulated in a manner that affects the random probability of winning plays or in any other manner determined by the board to be undesirable;

B. have at least one mechanism that accepts coins or currency;

C. be capable of having play suspended through the central system by the executive director until the executive director resets the gaming machine;

D. have electronic meters within a readily accessible locked area of the gaming machine that maintain a record of all money inserted into the machine, all cash payouts of winnings, all refunds of winnings, all credits played for additional games and all credits won by players;

E. be capable of printing out, at the request of the executive director, readings on the electronic meters of the machine;

F. for machines that do not dispense coins or tokens directly to players, be capable of printing a ticket voucher stating the value of a cash prize won by the player at the completion of each game, the date and time of day the game was played in a twenty-four-hour format showing hours and minutes, the machine serial number, the sequential number of the ticket voucher and an encrypted validation number for determining the validity of a winning ticket voucher;

G. be capable of being linked to the board's central system for the purpose of being monitored continuously as required by the board;

H. provide for a payback value for each credit wagered, determined over time, of not less than eighty percent;

I. meet the standards and specifications set by laws or regulations of the states of Nevada and New Jersey for gaming machines, whichever are more stringent;

J. offer only games authorized and examined by the board; and

K. display the gaming machine license issued for that machine in an easily accessible place, before and during the time that a machine is available for use.
N.M. Stat. § 22-2-2.3 — NM Code / Chapter 22 / Article 2 / Section 22-2-2.3
§ 22-2-2.3. Department; additional duties; closing a school; consultations with tribal leaders and members and families of students
Status: in_force

A. Whenever the department is contemplating closing a public school on tribal land for any reason, it shall consult with tribal leaders and members and families of students attending the public school.

B. Consultation shall include, among other actions, meetings in which the department explains:

(1) the reasons for closing the public school;

(2) the reasons why the department has not or cannot provide additional resources to keep the public school open;

(3) locations of other public schools in the vicinity to which students will be sent and the plan to transport students to those schools;

(4) how the public school receiving new students will consult with tribal leaders and members and families of students attending the public school related to:

(a) culturally and linguistically responsive school policies;

(b) rigorous and culturally meaningful curricula and instructional materials;

(c) sensitivity to the tribe's calendar of religious and other tribal obligations when making the school calendar; and

(d) professional development for school personnel at the public school to ensure that the best practices used in teaching, mentoring, counseling and administration are culturally and linguistically responsive to students;

(5) how the educational outcomes for the Indian students will be improved by attending another public school;

(6) plans for the public school buildings that will be left empty by the closure; and

(7) any other matters the department believes provide an adequate explanation of the reasons for closing the public school on tribal lands.
N.M. Stat. § 76-11-13 — NM Code / Chapter 76 / Article 11 / Section 76-11-13
§ 76-11-13. Rules
Status: in_force

For the enforcement of the New Mexico Fertilizer Act, the board may prescribe and, after public hearing following due public notice, adopt the rules relating to the distribution of fertilizers and soil conditioners that it may find necessary to carry into effect the full intent and meaning of the New Mexico Fertilizer Act. Under this section, the board may promulgate rules for the storing, hauling and handling of anhydrous ammonia and other gaseous or liquid fertilizers, and they shall have the same effect as law.
N.M. Stat. § 44-10-5 — NM Code / Chapter 44 / Article 10 / Section 44-10-5
§ 44-10-5. Required medium
Status: in_force

If a law of New Mexico requires that a sworn declaration be presented in a particular medium, an unsworn declaration shall be presented in that medium.
N.M. Stat. § 6-5-11 — NM Code / Chapter 6 / Article 5 / Section 6-5-11
§ 6-5-11. “Annual” defined for payroll administration
Status: in_force

For the purpose of administering payroll for all branches of government, “ annual ” means fifty-two calendar weeks.
N.M. Stat. § 7-1-71.4 — NM Code / Chapter 7 / Article 1 / Section 7-1-71.4
§ 7-1-71.4. Tax return preparer; electronic filing requirement; penalty
Status: in_force

A. In taxable years beginning on or after January 1, 2008, a tax return preparer who prepares over twenty-five personal income tax returns for a taxable year shall ensure that each return is submitted to the department by a department-approved electronic media, unless a person for whom the preparer files a return requests, in a form prescribed by the department, that the return be filed by other means in accordance with department rule.

B. A tax return preparer shall pay to the department a penalty not to exceed five dollars ($5.00) for each tax return filed in violation of this section.
N.M. Stat. § 31-1-2 — NM Code / Chapter 31 / Article 1 / Section 31-1-2
§ 31-1-2. Definitions
Status: in_force

Unless a specific meaning is given, as used in the Criminal Procedure Act:

A. “ accused ” means any person charged with the violation of any law of this state imposing a criminal penalty;

B. “ bail bond ” is a contract between surety and the state to the effect that the accused and the surety will appear in court when required and will comply with all conditions of the bond;

C. “ defendant ” means any person accused of a violation of any law of this state imposing a criminal penalty;

D. “ felony ” means any crime so designated by law or if upon conviction thereof a sentence of death or of imprisonment for a term of one year or more is authorized;

E. “ person ”, unless a contrary intention appears, means any individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other entity;

F. “ police officer ”, “ law enforcement officer ”, “ peace officer ” or “ officer ” means any full-time salaried or certified part-time salaried officer who by virtue of office or public employment is vested by law with the duty to maintain the public peace;

G. “ recognizance ” means any obligation of record entered into before a court requiring the accused to appear at all appropriate times or forfeit any bail and be subject to criminal penalty for failure to appear;

H. “ release on personal recognizance ” or “ release on own recognizance ” means the release of a defendant without bail, bail bond or sureties upon the defendant's promise to appear at all appropriate times;

I. “ rules of civil procedure ” means rules of civil procedure for the district courts of the state of New Mexico, as may be amended from time to time;

J. “ rules of criminal procedure ” means rules of criminal procedure for the district courts, magistrate courts and municipal courts adopted by the New Mexico supreme court, as may be amended from time to time;

K. “ misdemeanor ” means any offense for which the authorized penalty upon conviction is imprisonment in excess of six months but less than one year; and

L. “ petty misdemeanor ” means any offense so designated by law or if upon conviction a sentence of imprisonment for six months or less is authorized.
N.M. Stat. § 1-11-4.1 — NM Code / Chapter 1 / Article 11 / Section 1-11-4.1
§ 1-11-4.1. Voter notification
Status: in_force

A. At least forty-two days prior to each statewide election, the secretary of state, on behalf of each county clerk, shall mail a voter notification of the election. The voter notification shall include:

(1) the date and purpose of the election;

(2) an internet address where a voter may apply for a mailed ballot;

(3) a telephone number where a voter may call to request the paper form of the mailed ballot application;

(4) a list of the days and times and addresses of early voting locations and voter convenience centers where a voter may vote in person; and

(5) a list of the locations of monitored secured containers where a voter may return a mailed ballot.

B. At least forty-nine days prior to each special election, the county clerk shall mail a voter notification of the election. The voter notification shall include:

(1) the date and purpose of the election;

(2) notification that the election will be conducted by mail and that no polling places will be available for the special election;

(3) the deadline for voted mailed ballots to be received by the county clerk and the recommended deadline to deposit the voted mailed ballot with the United States postal service for return by mail, which shall be seven days before the election;

(4) the address and the telephone number of the county clerk's office for a voter requiring a replacement ballot or returning a mailed ballot; and

(5) a list of the monitored secured containers where a voter may return a mailed ballot.

C. The voter notification shall be sent to each voter, except the voter notification shall not be sent to a voter whose:

(1) election mail has been returned as undeliverable and who has not updated the voter's certificate of registration with a new address;

(2) ballot is delivered pursuant to the provisions of the Uniform Military and Overseas Voters Act;

(3) ballot is delivered pursuant to the provisions of the Intimate Partner Violence Survivor Suffrage Act; or

(4) ballot, in a statewide election, is delivered pursuant to the provisions of Section 1-6-22.1 NMSA 1978 .
N.M. Stat. § 44-1-22 — NM Code / Chapter 44 / Article 1 / Section 44-1-22
§ 44-1-22. Notice of hearing
Status: in_force

In criminal cases, notice of the time and place at which the writ is made returnable shall be given to the district attorney, if he is within the county; in other cases like notice shall be given to any person interested in continuing the custody or restraint of the party seeking the aid of said writ.
N.M. Stat. § 77-2-5 — NM Code / Chapter 77 / Article 2 / Section 77-2-5
§ 77-2-5. Report of board
Status: in_force

It shall be the duty of the board during the first week in December of each year to transmit to the governor a report of its activities for the previous calendar year. This report shall contain a detailed account of all of the receipts and expenditures of money by the board, together with other facts relating to the livestock industry in New Mexico which may be of public interest. The report of the board shall be transmitted by the governor to the legislature.
N.M. Stat. § 7-1-6.19 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-6.19
§ 7-1-6.19. Distribution; county government road fund created
Status: in_force

A. There is created in the state treasury the “county government road fund”.

B. A distribution pursuant to Section 7-1-6.1 NMSA 1978 shall be made to the county government road fund in an amount equal to five and seventy-six hundredths percent of the net receipts attributable to the gasoline tax.
N.M. Stat. § 29-4-11 — NM Code / Chapter 29 / Article 4 / Section 29-4-11
§ 29-4-11. Effective date of act and pension program; approval of governor, police board and insurance department
Status: in_force

The powers conferred upon the board of supervisors of the New Mexico state police [secretary of public safety] by the provisions of this act shall be possessed and may be exercised from and after the first day of July, 1939, and this act shall be in full force and effect from and after that date. The pension program authorized in this act may become operative at any time after the passage of this act upon the approval of the governor of New Mexico, the board of supervisors of the New Mexico state police [secretary of public safety] and the insurance department of the state of New Mexico.
N.M. Stat. § 57-25-5 — NM Code / Chapter 57 / Article 25 / Section 57-25-5
§ 57-25-5. Liability; limitations
Status: in_force

No provision of the Carnival Ride Insurance Act shall be construed to place any liability on the state or on the department with respect to any claim by any person, firm or corporation relating to a carnival ride or to any injury or damages arising from a carnival ride.
N.M. Stat. § 2-7F-55 — NM_STATUTES Code / Chapter 2 / Article 7F / Section 2-7F-55
§ 2-7F-55. Representative district forty-nine
Status: in_force

Representative district forty-nine is composed of Catron county precincts 1, 2 and 4 through 9; Sierra county precincts 1, 3 through 5, 9, 11 and 12; Socorro county precincts 9, 12 through 14, 16 and 19 through 27; and Valencia county precincts 20, 27, 29 through 31, 33 through 35, 38, 39 and 46 through 48.
N.M. Stat. § 7-5-5 — NM_STATUTES Code / Chapter 7 / Article 5 / Section 7-5-5
§ 7-5-5. Counsel to be designated
Status: in_force

The member of the commission for New Mexico shall designate either the attorney general, one of the attorney general's assistants, or special counsel working for the agency of which the member is head, as his counsel in respect to his functions as a member of the multistate tax commission.
N.M. Stat. § 22-13-3.1 — NM Code / Chapter 22 / Article 13 / Section 22-13-3.1
§ 22-13-3.1. Even start family literacy program; created; guidelines; benchmarks, performance standards and evaluations
Status: in_force

A. The “even start family literacy program” is created in the department to provide funding for preschool reading readiness and parenting education. The purpose of the program is to support the educational and developmental needs of students in preschool; address cultural diversity; and provide family support that leads to improved literacy, improved ability for students to succeed in school and economic self-sufficiency. Priority for funding shall be provided to those public schools that have the highest proportion of limited English proficient students, students living in poverty and Native American students.

B. The department shall develop even start family literacy program benchmarks and performance standards, guidelines for program approval and funding approval criteria. The department shall disseminate the program information in all public schools and shall provide technical assistance to public schools in developing proposals.

C. The department shall distribute money to public schools with approved even start family literacy programs that meet the specified criteria based upon actual program costs to ensure the implementation of performance based budgeting measures.