FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 30-31-37 — NM Code / Chapter 30 / Article 31 / Section 30-31-37
§ 30-31-37. Burden of proof
Status: in_force

It is not necessary for the state to negate any exemption or exception in the Controlled Substances Act in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under the Controlled Substances Act. The burden of proof of any exemption or exception is upon the person claiming it.
N.M. Stat. § 2-17-2 — NM Code / Chapter 2 / Article 17 / Section 2-17-2
§ 2-17-2. Membership; appointment; vacancies
Status: in_force

A. The welfare reform oversight committee shall be composed of twelve members. The New Mexico legislative council shall appoint six members from the house of representatives and six members from the senate. At the time of making the appointment, the legislative council shall designate the chairman and vice chairman of the committee.

B. Members shall be appointed from each house so as to give the two major political parties in each house the same proportionate representation on the committee as prevails in each house; however, in no event shall either party have less than one member from each house on the committee. At the request of the committee chairman, members may be removed from the committee by the New Mexico legislative council for nonattendance according to council policy. Vacancies on the committee, however caused, may be filled by the legislative council, or the council may reduce the size of the committee by not making replacement appointments and in that case need not readjust party representation.

C. An action shall not be taken by the committee if a majority of the total membership from either house on the committee rejects that action.
N.M. Stat. § 8-6-3.1 — NM Code / Chapter 8 / Article 6 / Section 8-6-3.1
§ 8-6-3.1. State cash manager; powers and duties
Status: in_force

A. The “office of the state cash manager” is established under the office of the state treasurer. The state treasurer shall appoint the state cash manager, who shall manage efficiently all state cash balances in the custody of the state not otherwise invested or deposited, and in consultation with the state board of finance perform the duties necessary to carry out that management responsibility.

B. The duties of the state cash manager include:

(1) issuance of cash management regulations, procedures and enforcement policy to assure implementation of and compliance with the federal Cash Management Improvement Act of 1990 1 and other provisions of law;

(2) obtaining from each state agency periodic reports of all money from any source in the agency's custody, including detailed information on receipts, disbursements and balances on hand or on deposit in a financial institution;

(3) periodic review of all deposits made and balances on hand to assure that all money received by each state agency is deposited in a timely manner in the state fiscal agent bank and, if applicable, to the state agency's account in the state treasury;

(4) projection of the state's short-term and long-term cash needs to determine the amount available for short-term and long-term investment;

(5) determination and periodic update of the warrant clearance pattern to project the time lag between warrant issuance date and warrant clearance date to facilitate cash management activities; and

(6) preparation of a monthly written report showing state fund balances in each financial institution and sending the report to the state board of finance, the legislative finance committee, the state investment council, the educational retirement board and the retirement board of the public employees retirement association.

C. In addition to the specific duties in Subsection B of this section, the state cash manager shall ensure that non-income producing state cash balances are kept to a minimum in accordance with established guidelines. The state cash manager shall report any actual or anticipated deviations from such established guidelines to the state board of finance, the investing board or council, and the legislative finance committee.

D. The state cash manager shall have access to all accounts, files and other records of funds in the custody of the state. Upon approval of the state board of finance, the state cash manager may conduct any periodic investigation he deems necessary to enable him to perform his duties pursuant to this section.

E. As used in this section, “state agency” means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions, other than state educational institutions designated by Article 12, Section 11 of the constitution of New Mexico , and includes the New Mexico mortgage finance authority and the New Mexico finance authority.
N.M. Stat. § 58-30-5 — NM Code / Chapter 58 / Article 30 / Section 58-30-5
§ 58-30-5. Responsibilities of the department
Status: in_force

A. The department shall adopt rules implementing the provisions of the Individual Development Account Act.

B. The secretary shall make an annual report each November to the governor and to the legislative finance committee.

C. The department shall use no more than five percent of the money appropriated to fund the Individual Development Account Act to administer that act, not including the costs of the program administrator.

D. A program administrator shall use no more than twelve percent of the funds allocated to the program administrator for implementation and administration of the program.
N.M. Stat. § 34-2-17 — NM_STATUTES Code / Chapter 34 / Article 2 / Section 34-2-17
§ 34-2-17. Working interdisciplinary network of guardianship stakeholders; created
Status: in_force

A. The supreme court shall establish the “working interdisciplinary network of guardianship stakeholders” to provide ongoing evaluation of New Mexico laws, services and practices related to adult guardianship and conservatorship.

B. The network shall consist of the following members appointed by the chief justice of the supreme court in a manner that reflects a geographic balance:

(1) one or more members of the judiciary;

(2) the secretary of aging and long-term services or the secretary's designee;

(3) the executive director of the developmental disabilities planning council or the executive director's designee;

(4) the chief executive officer of the interagency behavioral health purchasing collaborative or the chief executive officer's designee;

(5) the state auditor or the state auditor's designee;

(6) the attorney general or the attorney general's designee;

(7) one or more members of the legislature;

(8) the chief executive officer of disability rights New Mexico or the chief executive officer's designee;

(9) a professional guardian;

(10) a professional conservator;

(11) a family guardian;

(12) a family member, who is not a guardian or conservator, of a protected person;

(13) an attorney;

(14) a health care provider with experience in working with patients in need of guardianship;

(15) one or more members of an Indian nation, tribe or pueblo located wholly or partly in New Mexico;

(16) two protected persons;

(17) a representative of the administrative office of the courts;

(18) a representative of the American association of retired persons; and

(19) any other stakeholder the chief justice deems appropriate.

C. The chief justice shall appoint the network chair and an executive committee from the network membership.

D. After the initial appointments, members shall serve staggered four-year terms and may be reappointed. Initial appointments shall be for terms of at least two years.

E. The network shall meet at least four times each year. Members may be reimbursed for travel expenses in accordance with the Per Diem and Mileage Act. The network shall provide reasonable accommodations to make the meetings accessible to its members.
N.M. Stat. § 6-28-6 — NM Code / Chapter 6 / Article 28 / Section 6-28-6
§ 6-28-6. Tribal Infrastructure Act
Status: in_force

The provisions of this act also may be used to implement the provisions of the Tribal Infrastructure Act.
N.M. Stat. § 3-65-5 — NM Code / Chapter 3 / Article 65 / Section 3-65-5
§ 3-65-5. Collection of surcharge; remittance to the municipality
Status: in_force

A. Every vendor shall collect the stadium surcharge on behalf of the municipality and shall act as a trustee therefor.

B. The stadium surcharge shall be collected by vendors from the users of products or services subject to the surcharge. Users shall be charged separately for the stadium surcharge from the cost of the product or service subject to the surcharge or the vendor shall institute accounting controls or procedures sufficient to identify the amount of the surcharge owed to a municipality for each sale, transaction or exchange subject to the surcharge.

C. All receipts from the stadium surcharge shall be remitted by vendors to the treasurer of the municipality no later than the tenth day of the month following collection of the receipts. The treasurer of the municipality shall deposit the receipts in a separate account and shall act as trustee of the receipts on behalf of the authority so long as any loan is unpaid.
N.M. Stat. § 22-30-7 — NM Code / Chapter 22 / Article 30 / Section 22-30-7
§ 22-30-7. Distance learning and computer-based courses
Status: in_force

Public schools that offer distance learning and computer-based courses of study shall provide accompanying electronic formats that are usable by a person with a disability using assistive technology, and those formats shall be based on the American standard code for information interchange, hypertext markup language and extensible markup language.
N.M. Stat. § 3-14-11 — NM Code / Chapter 3 / Article 14 / Section 3-14-11
§ 3-14-11. Commission meetings; disclosure
Status: in_force

The commission shall meet at least twice each month. Meetings shall be open to the public and the official records of the meetings shall be open to inspection at all times.
N.M. Stat. § 13-4C-4 — NM_STATUTES Code / Chapter 13 / Article 4C / Section 13-4C-4
§ 13-4C-4. Mediation requirement; exemptions
Status: in_force

A. Except as provided in Subsections B, C and D of this section, a person who seeks to resolve a dispute related to the performance of a public works project shall exhaust the mediation procedures set forth in the Public Works Mediation Act before seeking judicial relief in a court of law.

B. A dispute that arises under an arbitration clause of a contract for a public works project that includes a clause in the contract that requires arbitration is exempt from the provisions of the Public Works Mediation Act.

C. The provisions of the Public Works Mediation Act shall not apply to:

(1) any disputes between employers and employees, including disputes arising pursuant to the provisions of the Public Works Minimum Wage Act or the Workers' Compensation Act; or

(2) any disputes regarding an apprenticeship, including disputes arising pursuant to the provisions of Sections 50-7-1 through 50-7-7 NMSA 1978 .

D. All contractual alternative dispute resolution remedies shall be exhausted prior to application of the provisions of the Public Works Mediation Act.
N.M. Stat. § 59A-32-8 — NM Code / Chapter 59A / Article 32 / Section 59A-32-8
§ 59A-32-8. Failure to file plan; assigned risk plan prescribed
Status: in_force

If no plan which meets the requirements of Section 523 of this article above has been filed with the superintendent within ninety (90) days after June 30, 1959, or within the period stated in any order which disapproves an existing plan, the superintendent may formulate and prescribe a plan which does meet such requirements, after hearing or consultation with insurers authorized to transact in this state the business of automobile and motor vehicle bodily injury and property damage liability insurance. When any plan or plans or amendment thereto has or have been approved or prescribed, no insurer to which such plan is applicable shall thereafter issue any policy of such insurance, or undertake to transact such business in this state, unless the insurer participates in such plan.
N.M. Stat. § 13-4C-10 — NM_STATUTES Code / Chapter 13 / Article 4C / Section 13-4C-10
§ 13-4C-10. Mediation clause in a contract; application of federal law
Status: in_force

A. When persons include a mediation clause in a contract for performance of a public works project, the provisions of the mediation clause shall not conflict with the provisions of the Public Works Mediation Act. Any language in a mediation clause that conflicts with the provisions of the Public Works Mediation Act shall be unenforceable at law.

B. When a public works project involves the expenditure of federal funds, the mediation process shall be conducted in accordance with mandatory applicable federal law and regulations. When mandatory applicable federal law or regulations are inconsistent with the provisions of the Public Works Mediation Act, compliance with federal law or regulations shall constitute compliance with the Public Works Mediation Act.
N.M. Stat. § 14-4-5.3 — NM Code / Chapter 14 / Article 4 / Section 14-4-5.3
§ 14-4-5.3. Public participation, comments and rule hearings
Status: in_force

A. The notice of proposed rulemaking shall specify a public comment period of at least thirty days after publication in the New Mexico register during which a person may submit information and comment on the proposed rule. The information or comment may be submitted in an electronic or written format or at a public rule hearing pursuant to Subsection B of this section. The agency shall consider all information and comment on a proposed rule that is submitted within the comment period.

B. At the public rule hearing, members of the public shall be given a reasonable opportunity to submit data, views or arguments orally or in writing. Each agency shall determine, in accordance with governing statutory and case law, the manner in which parties to the proceeding and members of the public will be able to participate in public hearings. All public hearings shall be conducted in a fair and equitable manner. Except as otherwise provided by law, an agency representative or hearing officer shall preside over a public rule hearing.

C. The public rule hearing shall be open to the public and be recorded.
N.M. Stat. § 4-42-15 — NM Code / Chapter 4 / Article 42 / Section 4-42-15
§ 4-42-15. County surveys
Status: in_force

The board of county commissioners is authorized to have the lands of the county, or any portion thereof, surveyed by a licensed land surveyor under the direction and in accordance with the instructions of the board of county commissioners. The board of county commissioners is authorized to purchase from any licensed professional surveyor any survey and the related plats, maps and field notes with payment to be made from the county general fund.
N.M. Stat. § 20-13-1 — NM_STATUTES Code / Chapter 20 / Article 13 / Section 20-13-1
§ 20-13-1. Short title
Status: in_force

This act may be cited as the “Senior Master Sergeant Jessey Baca Military Airborne Hazards and Open Burn Pit Registry Act”.
N.M. Stat. § 32A-4-4 — NM_STATUTES Code / Chapter 32A / Article 4 / Section 32A-4-4
§ 32A-4-4. Complaints; referral; preliminary inquiry
Status: in_force

A. Reports alleging neglect or abuse shall be referred to the department, which shall conduct an investigation to determine the best interests of the child with regard to any action to be taken. The name and information regarding the person making the report shall not be disclosed absent the consent of the informant or a court order.

B. If a report alleging neglect or abuse meets the criteria established pursuant to Section 32A-4-4.1 NMSA 1978 , the department may assign the case to the multilevel response system.

C. During the investigation of a report alleging neglect or abuse, the matter may be referred to another appropriate agency and conferences may be conducted for the purpose of effecting adjustments or agreements that will obviate the necessity for filing a petition. A representative of the department shall, at the initial time of contact with the party subject to the investigation, advise the party of the reports or allegations made, in a manner that is consistent with laws protecting the rights of the informant. The parties shall be advised of their basic rights and no party may be compelled to appear at any conference, to produce any papers or to visit any place. The investigation shall be completed within a reasonable period of time from the date the report was made.

D. After completion of the investigation on a neglect or abuse report, the department shall either recommend or refuse to recommend the filing of a petition.

E. When a child is taken into custody, the department shall file a petition within three days, unless the provisions of Subsection F of Section 32A-4-7 NMSA 1978 apply, in which case the petition shall be filed within five days.

F. When the department files a petition, it shall simultaneously provide to the office of family representation and advocacy, and if a child is an Indian child, to the child's Indian nation, tribe or pueblo:

(1) the petition;

(2) the name, telephone numbers and addresses of each respondent; and

(3) the names, dates of birth and placement information for each child who is a subject of the petition, including:

(a) the type of placement; and

(b) the name, telephone number and address for the person or entity that holds the license for each child's placement.

G. If a petition is not filed in a timely manner, the child shall be released to the child's parent, guardian or custodian.
N.M. Stat. § 7-7-6 — NM Code / Chapter 7 / Article 7 / Section 7-7-6
§ 7-7-6. Date payment due
Status: in_force

The taxes imposed by the Estate Tax Act shall be paid by the personal representative on or before the date the return for the taxes is required by Section 7-7-5 NMSA 1978 to be filed.
N.M. Stat. § 17-8-5 — NM_STATUTES Code / Chapter 17 / Article 8 / Section 17-8-5
§ 17-8-5. Local government authority
Status: in_force

The provisions of the Sport Shooting Range Act shall not prohibit a local government from regulating the location and construction of sport shooting ranges after July 1, 2002.
N.M. Stat. § 7-13-18 — NM_STATUTES Code / Chapter 7 / Article 13 / Section 7-13-18
§ 7-13-18. Dyed gasoline; permissible uses; penalties for misuse
Status: in_force

A. Gasoline distributors and wholesalers who are registered as distributors or wholesalers with the department may sell gasoline to be used other than in motor boats or in vehicles licensed to operate on the highways. These distributors and wholesalers shall mix with the gasoline an identifying dye in a manner consistent with state and federal law and regulations. The department shall furnish without charge the dye upon request. Such dyed gasoline may not be used in motor boats or in vehicles registered to be operated upon the highways of this state.

B. Any person who uses dyed gasoline in a motor boat or in a vehicle registered to be operated upon the highways of this state is liable for a civil penalty for each occurrence in an amount equal to the greater of one hundred dollars ($100) or the rate of the gasoline tax multiplied by the capacity in gallons of the fuel supply tank or tanks of the motor boat or vehicle.
N.M. Stat. § 60-8A-14 — NM Code / Chapter 60 / Article 8A / Section 60-8A-14
§ 60-8A-14. Form of schedule
Status: in_force

The schedule of prices and discounts shall be in writing, duly verified and filed in the number of copies, form and at such time as required by the director. It shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents and age and proof where stated on the label; the number of bottles contained in each case; the bottle and case price to wholesalers, which shall be individual for each item; the discounts for quantity, if any; and the discounts for time of payment, if any.
N.M. Stat. § 50-9-2 — NM Code / Chapter 50 / Article 9 / Section 50-9-2
§ 50-9-2. Purpose
Status: in_force

It is the purpose of the Occupational Health and Safety Act to assure every employee safe and healthful working conditions by providing for:

A. the establishment of occupational health and safety regulations applicable to places of employment in this state;

B. the effective enforcement of the health and safety regulations;

C. education and training programs for employers and employees in recognition of their responsibilities under the Occupational Health and Safety Act and advice and assistance to them about effective means of preventing occupational injuries and illnesses; and

D. appropriate job-related accident and illness reporting procedures that will help achieve the objectives of the Occupational Health and Safety Act.
N.M. Stat. § 58-21-9 — NM Code / Chapter 58 / Article 21 / Section 58-21-9
§ 58-21-9. Powers and duties of director
Status: in_force

A. The director shall exercise general supervision and control over mortgage loan companies doing business in New Mexico. In addition to the other duties imposed on the director by law, the director shall:

(1) make reasonable rules necessary for the implementation of the Mortgage Loan Company Act; provided that promulgated rules shall be subject to judicial review in the manner set forth in Section 12-8-8 NMSA 1978;

(2) conduct investigations necessary to determine whether a person has engaged in or is about to engage in an act or practice constituting a violation of a provision of the Mortgage Loan Company Act; and

(3) conduct examinations, investigations and hearings in addition to those specifically provided for by law necessary and proper to the efficient administration of the Mortgage Loan Company Act.

B. The director may conduct an investigation upon complaint when it appears that a mortgage loan company is conducting business in a manner injurious to persons or when it appears that a person has improperly claimed an exemption pursuant to Section 58-21-6 NMSA 1978 .
N.M. Stat. § 67-1-3 — NM Code / Chapter 67 / Article 1 / Section 67-1-3
§ 67-1-3. Effective date
Status: in_force

The effective date of the provisions of the Highway Department Organization Act is March 31, 1978.
N.M. Stat. § 46-8-1 — NM Code / Chapter 46 / Article 8 / Section 46-8-1
§ 46-8-1. Short (long) 1] title
Status: in_force

Sections 1 through 10 of this act may be cited as the “Uniform Act for Simplification of Fiduciary Security Transfers”.
N.M. Stat. § 57-30-1 — NM Code / Chapter 57 / Article 30 / Section 57-30-1
§ 57-30-1. Short title
Status: in_force

Chapter 57, Article 30 NMSA 1978 may be cited as the “Sale of Recycled Metals Act”.
N.M. Stat. § 3-27-5 — NM Code / Chapter 3 / Article 27 / Section 3-27-5
§ 3-27-5. Potable; contracts for acquiring and supplementing supply; storage; payments from water charges; joint water supply contracts between two or more municipalities
Status: in_force

A. For the purpose of obtaining, securing or supplementing its water supply and providing for the storage, treatment, distribution and transportation of water, a municipality may by ordinance:

(1) contract over a period of years with:

(a) the United States government or any of its agencies;

(b) the state of New Mexico or any of its agencies, boards or instrumentalities; or

(c) any person or association;

(2) agree to accept any pay for a specified amount of water per annum during the term of the contract; and

(3) adopt and enforce water charges sufficient to meet the payments required by the contract.

B. Payments required by a contract authorized by this section shall be made from any funds of the municipality other than the proceeds from an ad valorem tax and shall be considered an expense of the operation and maintenance of the water utility. In no event shall the obligation to make such payments be considered a general obligation or indebtedness of the municipality within the meaning of any constitutional or statutory provision.

C. Two or more municipalities may become parties to any contract authorized by this section.