FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 7-2C-9 — NM Code / Chapter 7 / Article 2C / Section 7-2C-9
§ 7-2C-9. Administrative hearing required of claimant agency; department exempted
Status: in_force

A. The claimant agency shall provide notice and opportunity for hearing, consistent with due process, as required by Subsections F and G of Section 7-2C-6 NMSA 1978 .

B. Notwithstanding any other provision of law, the department, except in its capacity as a claimant agency, is not obligated to grant, and will not grant, a hearing to any debtor or spouse with respect to any action taken or any issue arising under the provisions of the Tax Refund Intercept Program Act.
N.M. Stat. § 76-16-2 — NM Code / Chapter 76 / Article 16 / Section 76-16-2
§ 76-16-2. Declaration
Status: in_force

The purpose of this act is to promote the development of the New Mexico pecan industry; to prevent deception in the packing, marking, shipping or sale of unshelled pecans which are packed, marketed, sold or shipped from this state to other states, or imported from other states into this state, or which are sold in this state in packages or bulk, and to set up and establish standards therefor, and protect from disease and injurious insects the pecan orchards of the state.
N.M. Stat. § 52-3-48 — NM Code / Chapter 52 / Article 3 / Section 52-3-48
§ 52-3-48. Employee to submit to examination and give information regarding self
Status: in_force

A. It is the duty of the employee at the time of his employment or thereafter from time to time at the request of the employer to submit himself to examination by a physician or surgeon duly authorized to practice medicine, who shall be paid by the employer, for the purpose of determining his physical condition.

B. It is also the duty of the employee if requested by his employer to give the names, addresses, relationship and degree of dependency of his dependents, if any, or any subsequent change thereof to the employer, and when the employer or his insurance carrier requires, the employee shall make a detailed verified statement relating to such dependents, matters of employment and other information incident thereto.

C. It is also the duty of the employee, if requested by the employer or his insurance carrier, to make a detailed verified statement as part of an application for employment disclosing specifically a pre-existing permanent physical impairment as that term is defined in Section 52-2-6 NMSA 1978 .
N.M. Stat. § 1-12-8.2 — NM_STATUTES Code / Chapter 1 / Article 12 / Section 1-12-8.2
§ 1-12-8.2. Conduct of election; election day delivery of absentee ballot by voter; procedures
Status: in_force

A. A voter who requested and received an absentee ballot shall be allowed to deliver the official mailing envelope containing the voter's absentee ballot on election day to any polling location in the county in which the voter is registered if the voter presents the official mailing envelope to the presiding judge before the polls close on election day.

B. The judge shall note that the voter delivered the absentee ballot in person on election day. The official mailing envelope shall not be opened but shall be placed in an envelope provided for delivery to the county clerk. The precinct board shall deliver the unopened official mailing envelopes to the county clerk before midnight on election day.

C. If the unopened official mailing envelope is received by the county clerk from a precinct board before the absent voter precinct board has adjourned, it shall be logged and transmitted to the absent voter precinct board to be tallied immediately. If the unopened mailing envelope is received by the county clerk from a precinct board after the absent voter precinct board has adjourned, it shall be logged and transmitted to the county canvassing board to be tallied and included in the canvass of that county for the appropriate precinct.
N.M. Stat. § 72-17-15 — NM Code / Chapter 72 / Article 17 / Section 72-17-15
§ 72-17-15. Records of board
Status: in_force

On all resolutions and orders, the roll shall be called, and the ayes and noes shall be recorded. All resolutions and orders, as soon as may be after their passage, shall be recorded in a book kept for that purpose and be authenticated by the signature of the presiding officer of the board and the secretary. Every legislative act of the board of a general or permanent nature shall be by resolution. The book of resolutions and orders is a public record. A record shall also be made of all other proceedings of the board, minutes of all meetings, certificates, contracts, bonds given by officers, employees, and any other agents of the authority, and all corporate acts, which record is also a public record. The treasurer shall keep strict and accurate accounts of all moneys received by and disbursed for and on behalf of the authority, in a permanent record, which is also a public record. Any permanent record of the authority shall be open for inspection by any qualified elector thereof, by any other interested person, or by any representative of the federal government or any public body. All records are subject to audit as provided by law for political subdivisions.
N.M. Stat. § 9-7-9 — NM_STATUTES Code / Chapter 9 / Article 7 / Section 9-7-9
§ 9-7-9. Bureaus; chiefs
Status: in_force

The secretary shall establish within each division such “bureaus” as he deems necessary to carry out the provisions of the Department of Health Act. He shall employ a “chief” to be the administrative head of each bureau. The chief and all subsidiary employees of the department shall be covered by the Personnel Act unless otherwise provided by law.
N.M. Stat. § 72-12-26 — NM Code / Chapter 72 / Article 12 / Section 72-12-26
§ 72-12-26. Proposal to drill wells or recomplete existing wells; notice; depth and location
Status: in_force

Any person proposing to drill wells or recomplete existing wells to appropriate waters referred to in Section 1 [ 72-12-25 NMSA 1978 ] of this act shall file a notice of intention to drill or recomplete with the office of the state engineer in such form as the engineer shall prescribe, and shall publish a notice in a newspaper of general circulation in the county in which the proposed wells will be located, once a week for three consecutive weeks, stating the location and the proposed depth of such wells, the purpose for which the water shall be used and an estimate of the volume of water to be used. Said wells shall not be drilled or recompleted prior to ten days after the last publication of such notice.
N.M. Stat. § 61-18A-5 — NM Code / Chapter 61 / Article 18A / Section 61-18A-5
§ 61-18A-5. Unlawful to conduct collection agency or engage in the business of a repossessor without license
Status: in_force

A. No person shall conduct within this state a collection agency, act as a collection agency manager or engage within the state in the business of collecting claims for others or of soliciting the right to collect or receive payment from another of any claim or advertise or solicit either in print, by letter, in person or otherwise, the right to collect or receive payment for another of any claim or seek to make collection or obtain payment of any claim on behalf of another without having first applied for and obtained the licenses required by the Collection Agency Regulatory Act.

B. No person shall conduct within this state the business of a repossessor without having first applied for and obtained a repossessor's license.

C. No person shall be considered to be engaged in collection activity within this state if that person's activities regarding this state are limited to collecting debts not incurred in New Mexico from debtors located in this state by means of interstate communications, including telephone, mail or facsimile transmission, from the person's location in another state.
N.M. Stat. § 58-11A-4 — NM Code / Chapter 58 / Article 11A / Section 58-11A-4
§ 58-11A-4. Search procedure upon death of lessee
Status: in_force

A. A lessor shall permit the person named in a court order, or if no order has been served upon the lessor, the spouse, parent, an adult descendant or a person named as a personal representative in a copy of a purported will produced by him, to open and examine the contents of a safe deposit box leased by a decedent or any documents delivered by a decedent for safekeeping, in the presence of an officer of the lessor. The lessor, if so requested by that person, may deliver upon execution of a receipt:

(1) any writing purported to be a will of the decedent;

(2) any writing purported to be a deed to a burial plot or burial instructions to the person making the request for a search; or

(3) any document purported to be an insurance policy on the life of the decedent to the person named as a beneficiary in the policy.

B. No other contents of a safe deposit box shall be removed pursuant to this section, except as provided in the Uniform Probate Code.
N.M. Stat. § 61-33-1 — NM Code / Chapter 61 / Article 33 / Section 61-33-1
§ 61-33-1. Short title
Status: in_force

Chapter 61, Article 33 NMSA 1978 may be cited as the “Utility Operators Certification Act”.
N.M. Stat. § 14-4A-1 — NM Code / Chapter 14 / Article 4A / Section 14-4A-1
§ 14-4A-1. Short title
Status: in_force

This act may be cited as the “Small Business Regulatory Relief Act”.
N.M. Stat. § 58-18-5.3 — NM Code / Chapter 58 / Article 18 / Section 58-18-5.3
§ 58-18-5.3. Authority; multiple-family dwellings, transitional and congregate housing facilities
Status: in_force

In addition to the specific powers of the authority set forth in Section 58-18-5 NMSA 1978 , the authority shall have the power to:

A. subject to the limitations of Subsection X of Section 58-18-5 NMSA 1978 , make project mortgage loans or purchase or contract to purchase project mortgage loans from mortgage lenders or participate with mortgage lenders in project mortgage loans at prices and upon terms and conditions as the authority determines. Each project mortgage loan made or purchased by the authority shall:

(1) be evidenced by a properly executed note or other evidence of indebtedness and be secured by a properly recorded mortgage;

(2) provide for payments sufficient to pay the project mortgage loan in full not later than the expiration of the useful life of the multiple-family dwelling project or transitional or congregate housing facility as determined by the authority; and

(3) not exceed such percentage of such project costs as the authority may determine;

B. make and contract to make loans to mortgage lenders on such terms and conditions as the authority determines, including without limitation requirements relating to collateral for such loans; provided the authority shall require as a condition of any such loan that the mortgage lender make a project mortgage loan or loans to sponsors in an aggregate principal amount at least equal to the amount of the loan received from the authority; and

C. otherwise provide funding for project mortgage loans, including the issuance of bonds or notes in private placements or public offerings. Any bonds or notes issued in a public offering for any purpose authorized by this section shall, at the time of issuance, be rated in at least the third highest rating category by an independent nationally recognized bond rating service.
N.M. Stat. § 24-10C-2 — NM_STATUTES Code / Chapter 24 / Article 10C / Section 24-10C-2
§ 24-10C-2. Findings and purpose
Status: in_force

A. The legislature finds that:

(1) each year more than three hundred fifty thousand Americans die from out-of-hospital sudden cardiac arrest;

(2) the American heart association estimates that more than twenty thousand deaths could be prevented each year if early defibrillation were more widely available. In cardiac arrest the first several minutes are the most crucial time in which performing defibrillation can significantly improve chances for survival;

(3) the reality is that even in the best emergency medical services systems, emergency medical technicians or first responders may not always be able to arrive during that critical window of time; and

(4) virtually all communities in New Mexico have invested in 911 emergency response systems, emergency medical personnel and ambulance vehicles. However, many of them do not have enough defibrillators in their community [communities].

B. It is the purpose of the Cardiac Arrest Response Act to encourage greater acquisition, deployment and use of automated external defibrillators in communities across the state.
N.M. Stat. § 17-3-13.3 — NM Code / Chapter 17 / Article 3 / Section 17-3-13.3
§ 17-3-13.3. Big game depredation damage stamp required; disposition of receipts
Status: in_force

A. Each license to hunt big game shall include a big game depredation damage stamp. The department of game and fish shall, by rule, set the fee for the stamp; provided that the fee shall not exceed five dollars ($5.00) for each resident license or ten dollars ($10.00) for each nonresident license.

B. No license to hunt big game shall be considered to be a proper and valid license unless it indicates, by a stamp, check off or other official mark, that the fee for the big game depredation damage stamp has been paid.

C. Revenues received by the department of game and fish from the sale of big game depredation damage stamps shall be deposited to the credit of the big game depredation damage fund.
N.M. Stat. § 1-2-12 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-12
§ 1-2-12. Election board; positions on each board
Status: in_force

A. Each election board shall consist of:

(1) a presiding judge;

(2) two election judges; and

(3) election clerks who are appointed to assist the presiding judge and election judges.

B. The county clerk shall appoint presiding judges and election judges so that not more than two of the three judges belong to the same political party at the time of their appointment; provided that:

(1) a judge of an election board shall not have changed party registration in the two years next preceding the judge's appointment in such a manner that the judge's prior party registration would make the judge ineligible to serve on the assigned election board; and

(2) a judge of an election board shall not continue to serve on an election board if the judge changes party registration after the date of appointment in such a manner to make the judge ineligible to serve on the assigned election board.

C. The county clerk may appoint teams of election judges under the supervision of one or more presiding judges for absent voter precincts, recounts and special elections; provided that each team shall consist of two election judges and that each election judge on a team shall not belong to the same political party as any other election judge on the team at the time of the appointment; and provided further that an election judge shall not have changed party registration in the two years next preceding the judge's appointment in such manner that the judge's prior party registration would make the judge ineligible to serve on the assigned team.

D. The county clerk may appoint election clerks to an election board as necessary to assist the presiding judge and election judges if the county clerk determines that additional election board members are needed.

E. County clerk employees may be assigned by the county clerk to provide support to an election board or polling location.
N.M. Stat. § 2-8F-37 — NM_STATUTES Code / Chapter 2 / Article 8F / Section 2-8F-37
§ 2-8F-37. Senate district thirty-one
Status: in_force

Senate district thirty-one is composed of Dona Ana county precincts 11 through 13, 15, 74 through 76, 80, 81, 97, 104, 114, 120, 152, 157 through 170, 188 and 189; and Otero county precincts 1 and 41 through 45.
N.M. Stat. § 2-3-14 — NM Code / Chapter 2 / Article 3 / Section 2-3-14
§ 2-3-14. Quarters; files and indexes; cooperation with and by other agencies; cooperation with other states
Status: in_force

The legislative council and legislative council service shall be provided with adequate quarters at the state capitol where the council service will be conveniently accessible to the members of the legislature and to other persons having official business with it. The council service shall be kept open during the time provided by law for other state offices and when the legislature is in session, at such hours, day and night, as are most convenient to the legislators. It shall keep and file copies of all bills, resolutions, amendments, memorials, reports of committees, journals and other documents printed by order of either house of the legislature unless readily available elsewhere; and collect, catalog and index the same as soon as practicable after they have been printed; if appropriations are made therefor, keep an index of the action on each bill, resolution, memorial [and] amendment by each house of the legislature, by any committee of the legislature and by the governor. Such digests and indexes shall be printed and distributed at such intervals as the director may deem practicable.

The facilities of the state supreme court library, and of any other library maintained by the state, shall be available for the use of the council service, subject to the rules of such libraries. Each state department and all other state institutions shall, to a reasonable extent and upon request, furnish to the legislative council service such documents, material or information as may be requested by the members of the legislative council or by the director of the legislative council service, which are not made confidential by law. The legislative council service shall cooperate with the legislative service agencies of other states, and shall interchange information and research material with them.
N.M. Stat. § 22-5-4.11 — NM Code / Chapter 22 / Article 5 / Section 22-5-4.11
§ 22-5-4.11. Psychotropic medication; prohibition on compulsion
Status: in_force

A. Each local school board or governing body shall develop and promulgate policies that prohibit school personnel from denying any student access to programs or services because the parent or guardian of the student has refused to place the student on psychotropic medication.

B. School personnel may share school-based observations of a student's academic, functional and behavioral performance with the student's parent or guardian and offer program options and other forms of assistance that are available to the parent or guardian and the student based on those observations. However, an employee or agent of a school district or governing body shall not compel or attempt to compel any specific actions by the parent or guardian or require that a student take a psychotropic medication.

C. School personnel shall not require a student to undergo psychological screening unless the parent or guardian of that student gives prior written consent before each instance of psychological screening.

D. Nothing in this act shall be construed to create a prohibition against a teacher or other school personnel from consulting or sharing a classroom-based observation with a parent or guardian regarding:

(1) a student's academic and functional performance;

(2) a student's behavior in the classroom or school; or

(3) the need for evaluation for special education or related services.

E. As used in this section:

(1) “ psychotropic medication ” means a drug that shall not be dispensed or administered without a prescription, whose primary indication for use has been approved by the federal food and drug administration for the treatment of mental disorders and that is listed as a psychotherapeutic agent in drug facts and comparisons or in the American hospital formulary service; and

(2) “ school personnel ” means school personnel that the department has licensed.
N.M. Stat. § 62-1-1.1 — NM Code / Chapter 62 / Article 1 / Section 62-1-1.1
§ 62-1-1.1. Foreign corporations; powers
Status: in_force

Foreign corporations for the generation, production, transmission, distribution, sale or utilization of gas, electricity or steam for lighting, heating, power, manufacturing or other purposes, which are duly qualified to do business in this state and are public utilities under the New Mexico Public Utility Act, Section 62-3-1, et seq., 1978, Annotated, shall have the same rights and privileges including the power of eminent domain as domestic corporations of like character.
N.M. Stat. § 74-1-6 — NM Code / Chapter 74 / Article 1 / Section 74-1-6
§ 74-1-6. Department; powers
Status: in_force

The department shall have power to:

A. sue and be sued;

B. make contracts to carry out its delegated duties;

C. enter into agreements with environmental and consumer protection agencies of other states and the federal government pertaining to duties of the department;

D. enter into investigation and remediation agreements with persons potentially responsible for sites within New Mexico subject to the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 1 and such agreements shall not duplicate or take any authority from the oil conservation commission;

E. serve as agent of the state in matters of environmental management and consumer protection not expressly delegated by law to another department, commission or political subdivision in which the United States is a party;

F. enforce the rules, regulations and orders promulgated by the board and environmental management and consumer protection laws for which the department is responsible by appropriate action in courts of competent jurisdiction;

G. collect civil penalties pursuant to law, including reduction or elimination of penalties for violations from persons that:

(1) within sixty days of the discovery of a potential violation, voluntarily report to the department potential violations of law enforced by the department;

(2) initiate corrective action for the potential violation;

(3) have not previously violated the same provision of law; and

(4) do not present an imminent and substantial endangerment to health or the environment by the potential violation.

H. on the same basis as any other person, recommend and propose regulations for promulgation by the board;

I. on the same basis as any other person, present data, views or arguments and examine witnesses and otherwise participate at all hearings conducted by the board or any other administrative agency with responsibility in the areas of environmental management or consumer protection, but shall not be given any special status over any other party; and

J. have such other powers as may be necessary and appropriate for the exercise of the powers and duties delegated to the department.
N.M. Stat. § 32A-3A-21 — NM_STATUTES Code / Chapter 32A / Article 3A / Section 32A-3A-21
§ 32A-3A-21. Financial subsidies; guardianship assistance agreement
Status: in_force

A. In order for a prospective guardian to receive guardianship assistance payments, the department shall negotiate and enter into a written guardianship assistance agreement before the guardianship is finalized with the prospective guardian of an eligible child. The agreement shall specify the following:

(1) the amount of and manner in which guardianship assistance payments will be provided;

(2) additional services and assistance for which the child and the prospective guardian will be eligible;

(3) a procedure by which the prospective guardian may apply for additional services;

(4) the responsibility of the prospective guardian to report changes in the needs of the child or the circumstances of the prospective guardian that affect guardianship assistance payments;

(5) reasonable and verified nonrecurring expenses associated with establishing a subsidized guardianship pursuant to the provisions of Section 14 of this 2023 act; and

(6) terms by which the guardianship assistance agreement may be terminated and the ability of the department to recoup funds received due to improper payment.

B. A copy of the fully executed guardianship assistance agreement shall be given to the prospective guardian and to the department.