FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 58-13A-4 — NM Code / Chapter 58 / Article 13A / Section 58-13A-4
§ 58-13A-4. Exempt persons
Status: in_force

The prohibition in Subsection B of Section 3 of the Model State Commodity Code shall not apply to any of the following persons, or any employee, officer or director thereof acting solely in that capacity:

A. a person registered with the commodity futures trading commission as a futures commission merchant or as a leverage transaction merchant whose activities require such registration;

B. a person registered with the securities and exchange commission as a broker-dealer whose activities require such registration;

C. a person affiliated with, and whose obligations and liabilities are guaranteed by, a person referred to in Subsection A or B of this section;

D. a person who is a member of a contract market designated by the commodity futures trading commission or any clearinghouse thereof;

E. a financial institution; or

F. a person registered under the laws of this state as a securities broker-dealer whose activities require such registration.
N.M. Stat. § 24-10B-11 — NM Code / Chapter 24 / Article 10B / Section 24-10B-11
§ 24-10B-11. Summoning emergency vehicle without cause; penalty
Status: in_force

Any person who willfully summons an ambulance or emergency response vehicle or reports that one is needed when that person knows that the ambulance or emergency response vehicle is not needed is guilty of a petty misdemeanor.
N.M. Stat. § 1-21-7 — NM_STATUTES Code / Chapter 1 / Article 21 / Section 1-21-7
§ 1-21-7. Form of presidential ballot
Status: in_force

The form of the absentee presidential ballot for new residents and former residents shall be the same as that specified for absentee ballots in the Election Code.
N.M. Stat. § 59A-38-7 — NM Code / Chapter 59A / Article 38 / Section 59A-38-7
§ 59A-38-7. Determining solvency; investments
Status: in_force

A. In determining solvency of a Lloyds Plan underwriters there shall be considered all funds contributed to the guaranty fund by the underwriters and funds accumulated from insurance business transacted and held for the underwriters by the attorney-in-fact. Underwriters shall be deemed solvent when the admitted assets meet the requirements of this article, after deducting from gross admitted assets all outstanding liabilities, including reserve liabilities; and when the guaranty fund, at least to the minimum required amount, is unimpaired.

B. Funds of underwriters shall be invested in such property and securities as are eligible under Article 9 (investments) of the Insurance Code for investment of funds of a domestic stock insurer authorized to transact the same kind of insurance.
N.M. Stat. § 3-39-14 — NM Code / Chapter 3 / Article 39 / Section 3-39-14
§ 3-39-14. Legal investments
Status: in_force

Bonds are legal investments for savings banks and insurance companies under the laws of this state. They are bonds, notes or other obligations of a municipal subdivision of this state, issued pursuant to a law of this state, for the purposes of investment or purchase by the state investment officer.
N.M. Stat. § 7-1-56 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-56
§ 7-1-56. Sale of or proceedings against security
Status: in_force

If liability for any tax for the payment of which security has been furnished becomes conclusive, the department may:

A. redeem for cash or, as specified in the Tax Administration Act for sale of property levied upon, sell such security; or

B. compel the surety directly to discharge the liability for payment of the principal debtor by serving demand upon him therefor.
N.M. Stat. § 40-10B-5 — NM Code / Chapter 40 / Article 10B / Section 40-10B-5
§ 40-10B-5. Petition; who may file; contents
Status: in_force

A. A petition seeking the appointment of a guardian pursuant to the Kinship Guardianship Act may be filed only by:

(1) a kinship caregiver;

(2) a caregiver, who has reached the age of twenty-one, with whom no kinship with the child exists who has been nominated to be guardian of the child by the child, and the child has reached the age of fourteen;

(3) a caregiver designated formally or informally by a parent in writing if the designation indicates on its face that the parent signing understands:

(a) the purpose and effect of the guardianship;

(b) that the parent has the right to be served with the petition and notices of hearings in the action; and

(c) that the parent may appear in court to contest the guardianship; or

(4) a caregiver with whom the department has placed the child pursuant to the Children's Code.

B. A petition seeking the appointment of a guardian shall be verified by the petitioner and allege the following with respect to the child:

(1) facts that, if proved, will meet the requirements of Subsection B of Section 40-10B-8 NMSA 1978;

(2) the date and place of birth of the child, if known, and if not known, the reason for the lack of knowledge;

(3) the legal residence of the child and the place where the child resides, if different from the legal residence;

(4) the name and address of the petitioner;

(5) the kinship, if any, between the petitioner and the child;

(6) the names and addresses of the parents of the child;

(7) the names and addresses of persons having legal custody of the child;

(8) the existence of any matters pending involving the custody of the child;

(9) a statement that the petitioner agrees to accept the duties and responsibilities of guardianship;

(10) the existence of any matters pending pursuant to the provisions of Chapter 32A, Article 4 NMSA 1978 and, if so, a statement that the department consents to the relief requested in the petition;

(11) whether the child is an Indian child or there is reason to know that the child is an Indian child, and subject to provisions of the Indian Family Protection Act and, if so:

(a) the Indian child's tribe;

(b) the tribal affiliations of the Indian child's parents; and

(c) active efforts made to comply with the notice requirements pursuant to the Indian Family Protection Act, including results of the contact and the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian child's tribe shall be attached as exhibits to the petition; and

(12) other facts in support of the guardianship sought.
N.M. Stat. § 32A-27-7 — NM Code / Chapter 32A / Article 27 / Section 32A-27-7
§ 32A-27-7. Family representation and advocacy commission; member qualifications
Status: in_force

A. A member of the commission shall:

(1) possess significant experience in the representation of children, youth, parents, custodians or guardians in abuse and neglect proceedings;

(2) possess significant experience with the child welfare system as a parent, custodian, guardian or former foster youth; or

(3) demonstrate a commitment to high-quality legal representation or to working with and advocating for the population served by the office.

B. The following persons shall not be appointed to serve on the commission:

(1) current employees of the children, youth and families department;

(2) current employees of the office;

(3) current judges, judicial officials or their employees; and

(4) persons who currently contract with or receive funding from the office or their employees.
N.M. Stat. § 7-14A-4 — NM_STATUTES Code / Chapter 7 / Article 14A / Section 7-14A-4
§ 7-14A-4. Presumption of taxability
Status: in_force

To prevent evasion of the leased vehicle gross receipts tax and the leased vehicle surcharge and to aid in their administration, it is presumed that all receipts of a person engaging in business are subject to the leased vehicle gross receipts tax and that all vehicles leased by that person are subject to the leased vehicle surcharge.
N.M. Stat. § 26-2A-6 — NM_STATUTES Code / Chapter 26 / Article 2A / Section 26-2A-6
§ 26-2A-6. Lynn Pierson therapeutic research program; distribution
Status: in_force

A. The administrator shall obtain marijuana through whatever means he deems most appropriate, consistent with regulations promulgated by the national institute on drug abuse, the food and drug administration and the drug enforcement administration and pursuant to the provisions of the Controlled Substances Therapeutic Research Act.

B. The administrator shall cause such marijuana to be transferred to a certified state-operated licensed pharmacy for distribution to the certified patient pursuant to the Controlled Substances Therapeutic Research Act.
N.M. Stat. § 27-2-14 — NM Code / Chapter 27 / Article 2 / Section 27-2-14
§ 27-2-14. Continuing effect of regulations and standards
Status: in_force

Regulations and standards of the board and department adopted prior to the effective date of the Public Assistance Act are continued in full force and effect, unless modified or revoked.
N.M. Stat. § 30-6-3 — NM_STATUTES Code / Chapter 30 / Article 6 / Section 30-6-3
§ 30-6-3. Contributing to delinquency of minor
Status: in_force

Contributing to the delinquency of a minor consists of any person committing any act or omitting the performance of any duty, which act or omission causes or tends to cause or encourage the delinquency of any person under the age of eighteen years.

Whoever commits contributing to the delinquency of a minor is guilty of a fourth degree felony.
N.M. Stat. § 7-9-15 — NM Code / Chapter 7 / Article 9 / Section 7-9-15
§ 7-9-15. Exemption; compensating tax; certain organizations
Status: in_force

Exempted from the compensating tax is the use of property by organizations that demonstrate to the department that they have been granted exemption from the federal income tax by the United States commissioner of internal revenue as organizations described in Section 501(c)(3) of the United States Internal Revenue Code of 1954 , as amended or renumbered, in the conduct of functions described in Section 501(c)(3) . The use of property as an ingredient or component part of a construction project is not a use in the conduct of functions described in Section 501(c)(3) . This section does not apply to the use of property in an unrelated trade or business as defined in Section 513 of the United States Internal Revenue Code of 1954 , as amended or renumbered.
N.M. Stat. § 77-12-9 — NM Code / Chapter 77 / Article 12 / Section 77-12-9
§ 77-12-9. Fencing of exterior boundaries
Status: in_force

The owners, contract purchasers or lessees of lands, lying next to the exterior boundaries of any such herd law district, may construct a legal fence along the whole or any part of such exterior boundaries including the intersection with the roads which enter such districts, provided they construct automobile runways and cattle guards and gates in such fences where same cross such roads, according to plans and specifications approved by the state highway engineer and such runways, cattle guards and gates when so constructed, provided said gates are closed, shall not be construed to render such fence not a legal fence.
N.M. Stat. § 32A-12-1 — NM Code / Chapter 32A / Article 12 / Section 32A-12-1
§ 32A-12-1. Residential treatment program established
Status: in_force

A. There is established within the children, youth and families department a residential treatment program for youths. The program shall be for the purpose of providing residential treatment or therapeutic group home care to youths. Residential treatment services shall be provided to youths who are determined to be in need of such services pursuant to Section 43-1-16 or 43-1-16.1 NMSA 1978 .

B. Services shall be provided through a grant or contract with local community providers who have demonstrated the capability of providing such services. All program facilities used for provision of residential treatment or therapeutic group home care shall meet all applicable licensing requirements.

C. Contracts may be let to out-of-state providers only upon a finding by the secretary of children, youth and families that appropriate in-state providers are not available.

D. The secretary of human services and the secretary of children, youth and families shall execute an agreement specifying the manner in which clients and funds in the custody of the human services department [health care authority department] shall be transferred to the children, youth and families department for treatment and the ongoing responsibilities of each agency toward the clients served.
N.M. Stat. § 22-1-15 — NM Code / Chapter 22 / Article 1 / Section 22-1-15
§ 22-1-15. Free menstrual products in public schools
Status: in_force

A. Menstrual products shall be provided at no charge to students in:

(1) each women's bathroom and gender-neutral bathroom and at least one men's bathroom in every public middle school, junior high school, secondary school and high school; and

(2) at least one women's bathroom, one men's bathroom and one gender-neutral bathroom in every public elementary school.

B. For the purpose of this section, “ menstrual product ” means a sanitary pad or tampon.
N.M. Stat. § 1-22-10 — NM_STATUTES Code / Chapter 1 / Article 22 / Section 1-22-10
§ 1-22-10. Candidate qualification; challenges; ballots
Status: in_force

A. The proper filing officer shall determine whether a candidate filing a declaration of candidacy is registered to vote within the area to be elected to represent and, if required for the office being sought, whether the candidate's nominating petition for that office has been filed with a number of signatures that is equal to or greater than the number required for that office. If the candidate is so qualified and no withdrawal of candidacy has been filed as provided in the Local Election Act, the proper filing officer shall place the candidate's name on the ballot for the position specified in the declaration of candidacy and notify each candidate in writing no later than the sixty-seventh day before the local election.

B. Any voter may challenge the candidacy of any person seeking election at the regular local election for the reason that the person does not meet the requirements for the office sought by filing a petition in the district court within seven days after the day for filing a declaration of candidacy. The district court shall hear and render a decision on the matter within ten days after the filing of the petition. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith.

C. Ballots for the regular local election shall be prepared by the proper filing officer and printed in accordance with the provisions of Section 1-10-5 NMSA 1978 .

D. The printed ballot shall contain the name of each person who is a candidate and the position for which the person is a candidate.

E. The ballot shall also contain all ballot questions that are to be submitted to the voters as certified by a local governing body to the county clerk in each county in which the local government is situate and shall conform to the requirements for ballot questions on the regular local election ballot as provided in Chapter 1, Article 16 NMSA 1978 .
N.M. Stat. § 59A-52-2 — NM Code / Chapter 59A / Article 52 / Section 59A-52-2
§ 59A-52-2. State fire marshal to administer article
Status: in_force

The state fire marshal shall administer the provisions of Chapter 59A, Article 52 NMSA 1978 .
N.M. Stat. § 1-1-27 — NM Code / Chapter 1 / Article 1 / Section 1-1-27
§ 1-1-27. Public records; disclosure; procedure
Status: in_force

A. Where the Election Code provides for disclosure or nondisclosure of public records relating to elections, the provisions of the Election Code shall apply, and the provisions of the Inspection of Public Records Act shall not be applicable to the disclosure or nondisclosure.

B. For any public records relating to elections where the Election Code does not provide for disclosure or nondisclosure of the public records, the provisions of the Inspection of Public Records Act shall apply.
N.M. Stat. § 61-6-34 — NM Code / Chapter 61 / Article 6 / Section 61-6-34
§ 61-6-34. Protected actions; communication
Status: in_force

A. No current or former member of the board, officer, administrator, staff member, committee member, examiner, representative, agent, employee, consultant, witness or any other person serving or having served the board shall bear liability or be subject to civil damages or criminal prosecutions for any action or omission undertaken or performed within the scope of the board's duties.

B. All written and oral communications made by any person to the board relating to actual and potential disciplinary action shall be confidential communications and are not public records for the purposes of the Inspection of Public Records Act. All data, communications and information acquired by the board relating to actual or potential disciplinary action shall not be disclosed except to the extent necessary to carry out the board's purposes or in a judicial appeal from the board's actions.

C. No person or legal entity providing information to the board, whether as a report, a complaint or testimony, shall be subject to civil damages or criminal prosecutions.
N.M. Stat. § 38-5-15 — NM Code / Chapter 38 / Article 5 / Section 38-5-15
§ 38-5-15. Mileage and compensation for jurors
Status: in_force

Persons summoned for jury service and jurors shall be reimbursed for travel in excess of forty miles round trip from their place of actual residence to the courthouse when their attendance is ordered at the rate allowed public officers and employees per mile of necessary travel. Persons summoned for jury service and jurors shall be compensated for their time in attendance and service at the highest prevailing state minimum wage rate.
N.M. Stat. § 24-8-2 — NM_STATUTES Code / Chapter 24 / Article 8 / Section 24-8-2
§ 24-8-2. Definitions
Status: in_force

As used in the Family Planning Act:

A. “contraceptive procedures” means any medically accepted procedure to prevent pregnancy;

B. “family planning services” includes contraceptive procedures and services (diagnosis, treatment, supplies and follow-up), social services, educational and informational services;

C. “health facility” means a hospital, clinic, nursing home, intermediate care facility or pharmacy;

D. “medically indigent” means a person who has insufficient funds to pay for family planning services;

E. “local governmental units” means counties, municipalities and public school districts and any of their agencies, departments, commissions, committees, institutions and educational institutions;

F. “physician” means a person licensed or authorized to practice medicine or osteopathy under the provisions of Sections 61-6-1 through 61-6-28 and 61-10-1 through 61-10-21 NMSA 1978; and

G. “state” means the state and its agencies, departments, commissions, committees, institutions and educational institutions.
N.M. Stat. § 59A-52-1 — NM Code / Chapter 59A / Article 52 / Section 59A-52-1
§ 59A-52-1. State fire marshal's office created; state fire marshal created
Status: in_force

A. The “state fire marshal's office” is created as a division under the homeland security and emergency management department.

B. The position of “state fire marshal” is created as the director of the state fire marshal's office.

C. The office consists of the:

(1) firefighter training academy program;

(2) fire service support program;

(3) fire investigations program; and

(4) fire code enforcement program.
N.M. Stat. § 31-11-1 — NM_STATUTES Code / Chapter 31 / Article 11 / Section 31-11-1
§ 31-11-1. Stay of execution; release
Status: in_force

A. All appeals and writs of error in criminal cases have the effect of a stay of execution of the sentence of the district court until the decision of the supreme court or court of appeals.

B. If a defendant is convicted of a capital or violent offense and is sentenced to death or a term of imprisonment not suspended in whole, he shall not be entitled to release pending appeal.

C. If a defendant is convicted of a noncapital offense other than a violent offense and is sentenced to a term of imprisonment not suspended in whole, he shall not be entitled to release pending appeal unless the court finds:

(1) by clear and convincing evidence that the person is not likely to flee or pose a danger to the safety of any other person or the community if released; and

(2) that the appeal is not for the purpose of delay and raises a substantial question of law or fact likely to result in reversal or an order for a new trial.

D. As used in Subsections B and C of this section, “violent offense” means:

(1) kidnaping;

(2) criminal sexual penetration in the first or second degree;

(3) armed robbery;

(4) murder in the second degree;

(5) aggravated burglary;

(6) aggravated arson; or

(7) assault with intent to commit violent felony upon peace officer.

E. In all parole and probation revocation proceedings, where the alleged violation by the parolee or probationer of the conditions of release poses a threat to himself or others, the defendant shall not be entitled to be released on bail pending the decision on revocation. In those instances where the state has failed to conduct a preliminary parole revocation hearing on a parolee held for parole violations within sixty days of arrest, the parolee shall be eligible for bail. In all cases, the final parole revocation hearing shall be scheduled for hearing within sixty days of the parolee's return to the penitentiary. In the case of probation violation, if the final probation revocation hearing is not brought before the court within sixty days, then the probationer shall be eligible for bail.
N.M. Stat. § 12-12-16 — NM Code / Chapter 12 / Article 12 / Section 12-12-16
§ 12-12-16. Right of action; injunction; damages
Status: in_force

Whenever the attorney general of New Mexico, after complaint has been filed by any person alleging injury hereunder or upon his own initiative after investigation made, believes any supplier has violated, or is knowingly in violation of, the provisions of the Emergency Petroleum Products Supply Act, the attorney general shall bring an action to enjoin the violation in any district court of the state. Additionally, any person who shall be injured in his business or property by a violation of this act may bring an action to enjoin the violation and to recover all damages sustained thereby, including cost of suit and a reasonable attorney's fee, in any district court of the state. In an action for money damages, the court or jury may award punitive damages not to exceed three times the actual damages, if the violation is found to be willful.