FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 42-8-19 — NM Code / Chapter 42 / Article 8 / Section 42-8-19
§ 42-8-19. Motion to dissolve; damages
Status: in_force

A. Upon the defendant's motion before trial, the district court shall determine the truth of the facts stated in the plaintiff's affidavit at a hearing, to be held without delay. If the plaintiff fails to prove the truth of the facts stated, the writ shall be dissolved, the plaintiff shall be ordered to return the property to the defendant and an order shall be entered for the defendant against the plaintiff and his sureties for the attorney's fees incurred in the dissolution of the writ and for double damages for the use of the property from the time of its delivery to the plaintiff.

B. If the writ of replevin is dissolved, the action shall then proceed as if no writ had been issued.
N.M. Stat. § 11-8-10 — NM Code / Chapter 11 / Article 8 / Section 11-8-10
§ 11-8-10. Construction and severability; Article IX
Status: in_force

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States, or the applicability thereof to any government, agency, person or circumstances is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.
N.M. Stat. § 22-10B-3 — NM Code / Chapter 22 / Article 10B / Section 22-10B-3
§ 22-10B-3. Teacher residency program; created
Status: in_force

A. On or before July 1 of each year, the secretary, in partnership with a department-approved teacher preparation program, shall establish and maintain department-approved New Mexico teacher residency programs at public post-secondary educational institutions and tribal colleges that have a department-approved teacher preparation program and have developed a commitment to investing in teacher education. The secretary shall ensure that the department-approved New Mexico teacher residency programs include representation from rural, urban and suburban areas across the state.

B. The public post-secondary educational institution or tribal college shall form a partnership with one or more school districts or charter schools to coadminister the teacher residency program and to provide employment to residents in the program following completion of all licensure requirements.

C. The program shall be designed to:

(1) diversify the teaching profession with teaching residents that reflect the diversity of students in the public schools in the state or the geographic area where the school is located;

(2) fill high-need teaching positions within the state and ensure that teaching residents are prepared for a department-issued teaching license at the end of the program; and

(3) provide at least one full academic year of rigorous department-approved teacher preparation program coursework while concurrently providing a full academic year of guided apprenticeship in the classroom of a level two or level three teacher at the partner area school district or charter school.

D. The public post-secondary educational institution or tribal college shall ensure faculty or university supervisors who work with the teacher residency program visit residency sites no less than one time per month to monitor teacher residents' programs.
N.M. Stat. § 6-18-14 — NM_STATUTES Code / Chapter 6 / Article 18 / Section 6-18-14
§ 6-18-14. Interest; refunding; approval by local government; additional findings
Status: in_force

Bonds issued under the Public Securities Short-Term Interest Rate Act are not subject to any limitations on interest rates or net effective interest rates or interest rate approval requirements contained in any other laws of this state provided that:

A. the bond legislation shall contain findings by the governing body that any fixed rate or rates of interest or discount on the bonds, or in the case of a variable rate or rates of interest, that the maximum rate or method of determining the maximum rate, and that the maximum net effective interest rate on the bonds, are reasonable under existing or anticipated bond market conditions and necessary and advisable for the marketing and sale of the bonds. The bond legislation shall declare that the governing body has considered all relevant information and data in making its findings. The findings and declarations in the bond legislation shall constitute conclusive authority for the public body to issue the bonds within the interest rate limitations set forth herein and in the bond legislation; and

B. any bonds issued pursuant to the Public Securities Short-Term Interest Rate Act to renew, or fund or refund, any prior issue of bonds, in whole or in part, may be issued notwithstanding the provisions of any other laws of the state, provided that bond legislation pertinent to the bonds shall contain findings that the issuance of such bonds is necessary or advisable, and the amount of such bonds which it is deemed necessary and advisable to issue. The determination of necessity or advisability contained in the bond legislation shall constitute conclusive authority for the public body to issue any such renewal, funding or refunding bonds and no additional approval of any department, board or other officer of the state or any other official approval is required.
N.M. Stat. § 52-5-1 — NM Code / Chapter 52 / Article 5 / Section 52-5-1
§ 52-5-1. Purpose
Status: in_force

It is the intent of the legislature in creating the workers' compensation administration that the laws administered by it to provide a workers' benefit system be interpreted to assure the quick and efficient delivery of indemnity and medical benefits to injured and disabled workers at a reasonable cost to the employers who are subject to the provisions of the Workers' Compensation Act and the New Mexico Occupational Disease Disablement Law. It is the specific intent of the legislature that benefit claims cases be decided on their merits and that the common law rule of “liberal construction” based on the supposed “remedial” basis of workers' benefits legislation shall not apply in these cases. The workers' benefit system in New Mexico is based on a mutual renunciation of common law rights and defenses by employers and employees alike. Accordingly, the legislature declares that the Workers' Compensation Act and the New Mexico Occupational Disease Disablement Law are not remedial in any sense and are not to be given a broad liberal construction in favor of the claimant or employee on the one hand, nor are the rights and interests of the employer to be favored over those of the employee on the other hand.
N.M. Stat. § 57-16A-6 — NM Code / Chapter 57 / Article 16A / Section 57-16A-6
§ 57-16A-6. Informal dispute resolution
Status: in_force

If a manufacturer has established or participates in a fair and impartial informal dispute settlement procedure which substantially complies with the substantive requirements of Title 16, Part 703 of the Code of Federal Regulations , the provisions of Subsection B of Section 3 of the Motor Vehicle Quality Assurance Act concerning refunds or replacement shall not apply to any consumer who has not first resorted to that procedure. The state attorney general may investigate and determine that the informal dispute settlement procedure is fair and impartial and conforms with the requirements of Title 16, Part 703 of the Code of Federal Regulations .
N.M. Stat. § 14-14A-28 — NM Code / Chapter 14 / Article 14A / Section 14-14A-28
§ 14-14A-28. Fees
Status: in_force

A. A notarial officer may charge the maximum fee specified in this section, charge less than the maximum fee or waive the fee.

B. An employer shall not establish fees for notarial services that are in excess of those specified in this section nor on the attributes of the principal as delineated.

C. The maximum fees that may be charged by a notarial officer for notarial acts are:

(1) for acknowledgments, five dollars ($5.00) per acknowledgment;

(2) for oaths or affirmations without a signature, five dollars ($5.00) per person;

(3) for jurats, five dollars ($5.00) per jurat; and

(4) for copy certifications, fifty cents ($.50) per page with a minimum total charge of five dollars ($5.00).

D. A notarial officer may charge a travel fee when traveling to perform a notarial act if:

(1) the notarial officer and the person requesting the notarial act agree upon the travel fee in advance of the travel; and

(2) the notarial officer explains to the person requesting the notarial act that the travel fee is separate from the notarial fees and not mandated by law.

E. In addition to the fees prescribed in Subsections C and D of this section, a notarial officer may charge a technology fee not to exceed twenty-five dollars ($25.00) or other amount established by rule by the secretary of state per notarial act performed with respect to an electronic record.
N.M. Stat. § 37-2-3 — NM Code / Chapter 37 / Article 2 / Section 37-2-3
§ 37-2-3. Marriage; conviction of crime; suit against prisoner
Status: in_force

No action shall abate by the marriage or conviction of crime of a party, if the cause of action survive or continue, but the court may order the same to proceed, and an action may be brought or prosecuted to final judgment against any person in prison for crime, regardless of such imprisonment.
N.M. Stat. § 4-58-1 — NM Code / Chapter 4 / Article 58 / Section 4-58-1
§ 4-58-1. Short title
Status: in_force

This act may be cited as the “Planning District Act”.
N.M. Stat. § 20-4-7.1 — NM_STATUTES Code / Chapter 20 / Article 4 / Section 20-4-7.1
§ 20-4-7.1. Servicemembers Civil Relief Act benefits; Uniformed Services Employment and Reemployment Rights Act; federal or state active duty
Status: in_force

A. The rights, benefits and protections of the federal Servicemembers Civil Relief Act shall apply to a member of the national guard of this state or any other state or territory of the United States ordered to state active duty for a period of thirty or more consecutive state duty days or to any federally funded duty performed in an operational role for homeland security in accordance with 32 U.S.C. 502 . The federally funded duty is in addition to and different from any federally funded unit training, assembly or drill pursuant to Section 20-4-7 NMSA 1978 .

B. The rights, benefits and protections of the federal Uniformed Services Employment and Reemployment Rights Act of 1994 shall apply to a member of the national guard of this state or any other state or territory of the United States ordered to federal or state active duty.
N.M. Stat. § 35-1-9 — NM Code / Chapter 35 / Article 1 / Section 35-1-9
§ 35-1-9. Magistrate court; DeBaca district
Status: in_force

There shall be one magistrate in DeBaca magistrate district with a court in Fort Sumner.
N.M. Stat. § 7-2H-4 — NM Code / Chapter 7 / Article 2H / Section 7-2H-4
§ 7-2H-4. Duties of the secretary
Status: in_force

A. The secretary of veterans' services shall conduct a study in cooperation with the taxation and revenue department to determine whether Native American veterans who were domiciled within the boundaries of their tribal lands or their spouse's tribal lands during the period of their active military duty had state personal income taxes withheld from their military income and if so, to determine the amount of such state personal income taxes withheld and the number and identity of Native American veterans or their survivors affected by the withholding of such state personal income taxes.

B. The secretary of taxation and revenue and the secretary of veterans' services shall promulgate rules for a state program to compensate Native American veterans or their survivors for state personal income taxes withheld from military income while on active military duty and domiciled within the boundaries of the veteran's or the veteran's spouse's tribal lands.

C. The secretary of taxation and revenue shall report to the appropriate interim legislative committee no later than October 1 of each year regarding estimates of the amount of state personal income taxes withheld from the military income of Native American veterans domiciled on their respective tribal lands, the number of Native American veterans or their survivors affected by such withholding of state personal income taxes, total expenditures from the fund for the previous fiscal year and the anticipated appropriations to the fund needed to pay for settlements to be entered into for the next fiscal year.
N.M. Stat. § 7-9-65 — NM Code / Chapter 7 / Article 9 / Section 7-9-65
§ 7-9-65. Deduction; gross receipts tax; chemicals and reagents
Status: in_force

Receipts from selling chemicals or reagents to any mining, milling or oil company for use in processing ores or oil in a mill, smelter or refinery or in acidizing oil wells, and receipts from selling chemicals or reagents in lots in excess of eighteen tons to any hard-rock mining or milling company for use in any combination of extracting, leaching, milling, smelting, refining or processing ore at a mine site, may be deducted from gross receipts. Receipts from selling explosives, blasting powder or dynamite may not be deducted from gross receipts.
N.M. Stat. § 58-21-17 — NM Code / Chapter 58 / Article 21 / Section 58-21-17
§ 58-21-17. Escrow services
Status: in_force

Any licensee under the Mortgage Loan Company Act who also performs any acts that are within the scope of activities regulated by any statutes of the state relating to escrow agents shall also comply with all provisions of those statutes, and the issuance of a license under the Mortgage Loan Company Act shall not serve to relieve the licensee from compliance with the provisions of such other statutes.
N.M. Stat. § 30-15-5 — NM_STATUTES Code / Chapter 30 / Article 15 / Section 30-15-5
§ 30-15-5. Damaging caves or caverns unlawful
Status: in_force

It shall be unlawful for any person, without prior permission of the federal, state or private land owner, to willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, remove, displace, mar or harm any natural material found in any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions, or other similar crystalline mineral formations or otherwise; to kill, harm or in any manner or degree disturb any plant or animal life found therein; to otherwise disturb or alter the natural conditions of such cave or cavern through the disposal therein of any solid or liquid materials such as refuse, food, containers or fuel of any nature, whether or not malice is intended; to disturb, excavate, remove, displace, mar or harm any archaeological artifacts found within a cave or cavern including petroglyphs, projectile points, human remains, rock or wood carvings or otherwise, pottery, basketry or any handwoven articles of any nature, or any pieces, fragments or parts of any of the such articles; or to break, force, tamper with, remove or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, without the permission of the owner thereof, whether or not entrance is gained. For purposes of this section, “cave” means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct or other manmade excavation, which is large enough to permit a person to enter.
N.M. Stat. § 63-9D-13 — NM Code / Chapter 63 / Article 9D / Section 63-9D-13
§ 63-9D-13. Definitions
Status: in_force

As used in the Enhanced 911 Bond Act:

A. “ board ” means the state board of finance;

B. “ division ” means the local government division of the department of finance and administration;

C. “ enhanced 911 bonds ” means the bonds authorized in the Enhanced 911 Bond Act;

D. “ enhanced 911 project ” means actions authorized under Section 63-9D-14 NMSA 1978 that pertain to a specific component of the enhanced 911 system; and

E. “ enhanced 911 revenue ” means the revenue to and the income of the enhanced 911 fund that are pledged to the payment of enhanced 911 bonds under the Enhanced 911 Bond Act.
N.M. Stat. § 5-8-40 — NM_STATUTES Code / Chapter 5 / Article 8 / Section 5-8-40
§ 5-8-40. Prior impact fees replaced by fees under Development Fees Act
Status: in_force

An impact fee that is in place on the effective date of the Development Fees Act shall be replaced by an impact fee imposed under that act by July 1, 1995. Any municipality or county having an impact fee that has not been replaced under that act by July 1, 1995 shall be liable to any party who, after the effective date of that act, pays an impact fee that exceeds the maximum permitted under that act by more than ten percent for an amount equal to two times the difference between the maximum impact fee allowed and the actual impact fee imposed, plus reasonable attorneys' fees and court costs.
N.M. Stat. § 27-11-10 — NM_STATUTES Code / Chapter 27 / Article 11 / Section 27-11-10
§ 27-11-10. Qualifications and selection of hearing officer for expedited adjudicatory proceedings
Status: in_force

A. The hearing officer presiding over the expedited adjudicatory proceeding held pursuant to the Medicaid Provider and Managed Care Act shall:

(1) be licensed and in good standing to practice law in New Mexico or another state;

(2) have at least three years' cumulative experience in one or more of the following areas: the health insurance industry, the medicaid program, health care regulatory compliance, medical claims administration or health law;

(3) not currently be employed by or represent, or belong to a law firm that currently represents, the department or a medicaid provider or managed care organization or third-party administrator currently doing business with the department; and

(4) not be related within the third degree of consanguinity to a person currently employed by the department, currently doing business with the department or currently employed by an organization doing business with the department.

B. The hearing officer shall not be:

(1) a lobbyist registered under the Lobbyist Regulation Act who currently represents, or has in the prior calendar year represented, a client in matters before the department; or

(2) affiliated with, or the spouse of, a lobbyist registered under the Lobbyist Regulation Act who currently represents, or has in the prior calendar year represented, a client in matters before the department.

C. The chief hearing officer of the administrative hearings office shall select the hearing officer to preside over an expedited adjudicatory proceeding held pursuant to the Medicaid Provider and Managed Care Act and the Administrative Procedures Act.
N.M. Stat. § 10-11-45 — NM Code / Chapter 10 / Article 11 / Section 10-11-45
§ 10-11-45. Municipal general member coverage plan 1; age and service requirements for normal retirement
Status: in_force

Under municipal general 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 service credit;

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

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

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

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

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

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

(2) any age if the member has five or more years of service credit and the sum of the member's age and years of service credit equals at least eighty-five.
N.M. Stat. § 9-7-11 — NM_STATUTES Code / Chapter 9 / Article 7 / Section 9-7-11
§ 9-7-11. 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. § 21-1-42 — NM Code / Chapter 21 / Article 1 / Section 21-1-42
§ 21-1-42. Public post-secondary educational institutions; student identification number
Status: in_force

A. The higher education department shall, in collaboration with public post-secondary educational institutions, use the same student identification number issued to a New Mexico public school student pursuant to Section 22-2C-11 NMSA 1978 for a student enrolled in a public post-secondary educational institution, including an off-campus instructional program or learning center.

B. In collaboration with the public education department, the higher education department shall:

(1) develop a system for assigning a unique student identifier to a student who did not attend a New Mexico public school;

(2) add an additional identifier to the student identification number for those students who enter a teacher preparation program; and

(3) adopt the format to report individual student data into the public education department's student teacher accountability reporting system.

C. The higher education department shall promulgate rules to carry out the provisions of this section.
N.M. Stat. § 5-5-4 — NM Code / Chapter 5 / Article 5 / Section 5-5-4
§ 5-5-4. Jointly owned projects
Status: in_force

Any county and city shall have the power, if so authorized by a resolution adopted at any regular or special meeting by at least two-thirds of all commissioners and by an ordinance adopted at any regular or special meeting by at least three-fifths of all councilmen, to acquire a building or buildings and a site or sites therefor wholly within the county and wholly within the city.
N.M. Stat. § 25-2-18 — NM Code / Chapter 25 / Article 2 / Section 25-2-18
§ 25-2-18. Personnel
Status: in_force

The division shall employ such personnel for the administration and enforcement of the provisions of the New Mexico Food Act, in the same manner that other public health personnel are now employed, as may be necessary and required.