FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 49-3-5 — NM Code / Chapter 49 / Article 3 / Section 49-3-5
§ 49-3-5. Elections; qualifications of electors; canvassing returns; oath
Status: in_force

At all the elections held under the provisions of this article, each actual inhabitant of the community lands of the people of Chaperito and the owners of land therein, who have reached the age of majority, shall be entitled to cast one vote in person, and the persons receiving the highest number of votes cast at any such election shall be the trustees of the community lands of the people of Chaperito for the period of two years as hereinbefore provided and until their successors are elected and qualified. At all elections held under the provisions of this article, the votes shall be canvassed and the result ascertained and determined by the outgoing board of trustees. Elections shall be conducted in a manner as near as possible to that of elections conducted under the Election Code. Each member of the board of trustees shall qualify within ten days after an election by filing with the secretary an oath subscribed by him to the effect that he will faithfully discharge the duties of his office, which oath shall be recorded in the minutes of the proceedings of the board.
N.M. Stat. § 27-11-13 — NM Code / Chapter 27 / Article 11 / Section 27-11-13
§ 27-11-13. Release of suspended payment for services previously rendered; prepayment review; remedial training and education; temporary assistance
Status: in_force

A. The department shall direct the release of a suspended payment to a medicaid provider or subcontractor that is the subject of a referral based upon a determination of a credible allegation of fraud for services previously rendered if the medicaid provider or subcontractor posts a surety bond in the amount of the suspended payment, which posting shall be deemed good cause not to suspend payment.

B. The provisions of this section shall not prevent the department from:

(1) conducting a prepayment review of claims for ongoing services rendered by the medicaid provider or subcontractor;

(2) requiring the medicaid provider or subcontractor or its employees to complete remedial training or education to prevent the submission of claims for payment to which the medicaid provider or subcontractor is not entitled; or

(3) requiring the medicaid provider or subcontractor to engage an independent third party approved by the department to temporarily manage or provide technical assistance to the medicaid provider or subcontractor.

C. The department shall direct that the release of a suspended payment occur no later than ten business days following the earlier of:

(1) the posting of a surety bond by the medicaid provider or subcontractor in the amount of the suspended payment;

(2) notice from the attorney general that the attorney general will not pursue legal action against the medicaid provider or subcontractor arising out of the referral of the medicaid provider or subcontractor based on a determination of a credible allegation of fraud;

(3) the date on which an administrative decision as to the basis for suspending such payments, or portion of such payments, in favor of the medicaid provider or subcontractor becomes final; or

(4) the date on which a judicial decision as to the basis for suspending such payments, or portion of such payments, in favor of the medicaid provider or subcontractor becomes final and not subject to further appeal.
N.M. Stat. § 13-4-14.1 — NM Code / Chapter 13 / Article 4 / Section 13-4-14.1
§ 13-4-14.1. Labor enforcement fund; creation; use
Status: in_force

The “labor enforcement fund” is created in the state treasury. The fund shall consist of contractor and subcontractor registration fees collected by the division and all investment and interest income from the fund. The fund shall be administered by the division, and money in the fund is appropriated to the division for administration and enforcement of the Public Works Minimum Wage Act. Money in the fund shall not revert to the general fund at the end of a fiscal year.
N.M. Stat. § 9-27-25 — NM Code / Chapter 9 / Article 27 / Section 9-27-25
§ 9-27-25. Participation or exclusion of agency, department or institution
Status: in_force

All departments, institutions and agencies of the state government to the extent that it is practical and feasible shall participate in the central telecommunication network. No agreement for any leased or purchased telephone service or for purchase of any telephone equipment shall be entered into by any department, institution or agency of the state participating in the central telecommunication network, except those institutions enumerated in Article 12, Section 11 of the constitution of New Mexico , except upon prior written approval of the secretary or the secretary's designee. If, on the basis of a technical survey, it is found to be infeasible or impractical to include particular agencies, departments or institutions in the central telecommunication network, the secretary or the secretary's designee may exclude them. In the event of exclusion of any agency, department or institution, the secretary or the secretary's designee shall file a written statement, certifying the reasons therefor, with the state records center.
N.M. Stat. § 24-1-43 — NM Code / Chapter 24 / Article 1 / Section 24-1-43
§ 24-1-43. Reporting; medical aid in dying
Status: in_force

A. A health care provider who prescribes medical aid in dying to a qualified individual in accordance with the provisions of the End-of-Life Options Act shall provide, in accordance with department rules, a report of that provider's participation. The department shall adopt and promulgate rules that establish the time frames and forms for reporting pursuant to this section and shall limit the reporting of data relating to qualified individuals who received prescriptions for medical aid in dying medication to the following:

(1) the qualified individual's age at death;

(2) the qualified individual's race and ethnicity;

(3) the qualified individual's gender;

(4) whether the qualified individual was enrolled in hospice at the time of death;

(5) the qualified individual's underlying medical condition; and

(6) whether the qualified individual self-administered the medical aid in dying medication and, if so, the date that this occurred.

B. The department shall promulgate an annual statistical report, containing aggregated data, on the information collected pursuant to Subsection A of this section on the total number of medical aid in dying medication prescriptions written statewide and on the number of health care providers who have issued prescriptions for medical aid in dying medication during that year. Data reported pursuant to this subsection shall not contain individually identifiable health information and are exempt from disclosure pursuant to the Inspection of Public Records Act.

C. As used in this section:

(1) “ health care provider ” means an individual authorized pursuant to the End-of-Life Options Act to prescribe medical aid in dying;

(2) “ medical aid in dying ” means the medical practice wherein a health care provider prescribes medication to a qualified individual who may self-administer that medication to end that individual's life in accordance with the provisions of the End-of-Life Options Act; and

(3) “ qualified individual ” means an individual who has met the requirements to receive medical aid in dying pursuant to the provisions of the End-of-Life Options Act.
N.M. Stat. § 59A-50-6 — NM Code / Chapter 59A / Article 50 / Section 59A-50-6
§ 59A-50-6. Additional security
Status: in_force

A. In addition to the security deposited by a motor club at the time application for certificate of authority is made, the superintendent may require the motor club to establish and maintain reserves out of the receipts from the sale of motor club services under contract. The amount required, if any, may be established from time to time as the superintendent determines is reasonable and necessary for the protection of motor club members but in any event shall not exceed fifty percent of the receipts collected for the period of the service contract. Funds received under this section shall be placed in trust and released as directed by regulation or order of the superintendent.

B. Notwithstanding the provisions of Section 910 of this article and Subsection A of this section the superintendent may require additional general deposits, in a reasonable amount and in admitted assets of the types of securities authorized by law, whenever he deems it necessary.
N.M. Stat. § 25-10-1 — NM_STATUTES Code / Chapter 25 / Article 10 / Section 25-10-1
§ 25-10-1. Short title
Status: in_force

This act may be cited as the “Piñon Nut Act”.
N.M. Stat. § 69-25B-11 — NM Code / Chapter 69 / Article 25B / Section 69-25B-11
§ 69-25B-11. Appeal of director's decision
Status: in_force

Except as provided in Subsection B of Section 8 of the Abandoned Mine Reclamation Act, any party aggrieved by a decision of the director may file a petition for review of the director's decision with the district court of Santa Fe county within thirty days of the date of the decision appealed from. Appeals from the decision of the district court may be taken in the same manner as is provided by law for appeals in civil cases.
N.M. Stat. § 26-2A-1 — NM Code / Chapter 26 / Article 2A / Section 26-2A-1
§ 26-2A-1. Short title
Status: in_force

Sections 1 through 7 of this act may be cited as the “Controlled Substances Therapeutic Research Act”.
N.M. Stat. § 74-4-7 — NM Code / Chapter 74 / Article 4 / Section 74-4-7
§ 74-4-7. Containment and cleanup of hazardous substance incidents; division powers
Status: in_force

The division may:

A. take any action necessary or appropriate to protect persons from injury or other harm which might arise from hazardous substance incidents, including but not limited to providing for cleanup and disposal, coordinating the activities of other public officials and any other action the division deems necessary or appropriate;

B. notify any person who may have incurred or may incur physical injury from a hazardous substance incident that he should undergo medical examination; and

C. assess charges against persons responsible for hazardous substance incidents for costs the division incurs in cleanup of hazardous substance incidents, disposal of hazardous substances and for damage to state property. Amounts received in payment of such assessments shall be deposited in the hazardous waste emergency fund. Any person who is assessed charges pursuant to this subsection may appeal the assessment to the district court within thirty days of receipt of notice of the assessment.
N.M. Stat. § 61-17B-8 — NM Code / Chapter 61 / Article 17B / Section 61-17B-8
§ 61-17B-8. Sterile procedures and sanitation
Status: in_force

The board shall establish by rule requirements for:

A. the use and disposal of equipment and instruments; provided that:

(1) all sharps shall be sterilized prior to use;

(2) single use items shall not be used on more than one client for any reason; and

(3) all body art stencils shall be single use and disposable;

B. the sterilization or sanitation of non-disposable items;

C. the prohibition of off-site sterilization; and

D. procedures to control disease borne by contact with customer or body artist skin mucosa.
N.M. Stat. § 12-1-9 — NM Code / Chapter 12 / Article 1 / Section 12-1-9
§ 12-1-9. Fee levy on actions filed
Status: in_force

Each district court clerk shall indicate the sum of twelve dollars ($12.00) from each civil case docket fee paid in the district court for credit to the New Mexico compilation fund, no part of which shall revert at the end of any fiscal year. Vouchers for expenditures from the fund shall be signed by the secretary of the New Mexico compilation commission.
N.M. Stat. § 67-8-19 — NM Code / Chapter 67 / Article 8 / Section 67-8-19
§ 67-8-19. Procedure; appeal
Status: in_force

A. All hearings held pursuant to this section shall be public and upon not less than fifteen days' written notice of the time, place and purpose of the hearing to each utility whose services or facilities may be affected and to each municipality in which any part of the proposed highway improvement is to be located. Hearings may be held before the commission, any member or any representative designated by it and at the place as is designated in the notice.

B. A record of the testimony shall be taken at the hearing and a transcript furnished to anyone upon request and payment of the cost.

C. The findings and orders shall be in writing and a copy served upon each party.

D. The commission may promulgate rules to govern its proceedings pursuant to this section.

E. A party aggrieved by an order may appeal to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 71-9-11 — NM Code / Chapter 71 / Article 9 / Section 71-9-11
§ 71-9-11. Transfer of administration of rules, orders and permits
Status: repealed

All rules, orders, permits and administrative determinations of the oil conservation division of the energy, minerals and natural resources department or oil conservation commission issued pursuant to the Geothermal Resources Conservation Act that existed prior to the effective date of the Geothermal Resources Development Act shall be administered by the energy conservation and management division of the department and shall remain in full force and effect after that date until repealed or amended, unless in conflict with, prohibited by or inconsistent with the provisions of the Geothermal Resources Development Act.
N.M. Stat. § 60-6A-17 — NM Code / Chapter 60 / Article 6A / Section 60-6A-17
§ 60-6A-17. Issuance of licenses and collection of fees
Status: in_force

All licenses provided for pursuant to the Liquor Control Act shall be issued by the director in strict compliance with the provisions of that act, and license fees shall be collected by the director and remitted to the state treasurer.
N.M. Stat. § 73-12-6 — NM Code / Chapter 73 / Article 12 / Section 73-12-6
§ 73-12-6. Canvass of votes, by board of county commissioners
Status: in_force

The said board of county commissioners shall meet on the second Monday next after such election and canvass the votes cast thereat; and if it appears upon such canvass that at least two-thirds of the qualified electors voting at said election have voted “Electrical Irrigation District ․․․․․․․․․․ Yes,” the said board shall, by order duly entered upon the records, declare such territory duly organized as an irrigation district under the name and style theretofore designated, and shall declare the persons receiving respectively the highest number of votes for director to be duly elected to such office. Said board shall cause a copy of such order, including a plat of said district, duly certified by the clerk of the board of county commissioners, to be immediately filed for record in the office of the county clerk of each county in which any portion of such lands are situated, and no board of county commissioners of any county including any portion of such district shall, after the date of organization of such district, allow another district to be formed including any of the lands of such district, without the consent of the board of directors thereof; and from and after the date of such filing the organization of such district shall be complete and the officers thereof shall immediately enter upon the duties of their respective office [offices] qualifying in accordance with law, and shall hold such offices, respectively, until their successors are elected and qualified. The boundaries of said divisions and the voting precincts and polling places in any such district may, after such first election, be changed by order of the board of directors of the district; provided that the polling places shall be designated in the notice published for every election in the district.
N.M. Stat. § 59A-21-22 — NM Code / Chapter 59A / Article 21 / Section 59A-21-22
§ 59A-21-22. Conversion privilege; extension by failure to give notice
Status: in_force

If any individual insured under a group life insurance policy hereafter delivered in this state becomes entitled under the terms of such policy to have an individual policy of life insurance issued to him without evidence of insurability, subject to making of application and payment of the first premium within the period specified in such policy, and if such individual is not given notice of the existence of such right at least fifteen (15) days prior to the expiration date of such period, then in such event the individual shall have an additional period within which to exercise such right, but nothing herein contained shall be construed to continue any insurance beyond the period provided in such policy. This additional period shall expire fifteen (15) days next after the individual is given such notice but in no event shall such additional period extend beyond sixty (60) days next after the expiration date of the period provided in such policy. Written notice presented to the individual or mailed by the policyholder to the last known address of the individual or mailed by the insurer to the last known address of the individual as furnished by the policyholder shall constitute notice for the purpose of this section.
N.M. Stat. § 47-7-25 — NM Code / Chapter 47 / Article 7 / Section 47-7-25
§ 47-7-25. Joint and several liability of grantor and grantee for unpaid common expenses
Status: in_force

In a voluntary conveyance the grantee of a unit shall be jointly and severally liable with the grantor for all unpaid assessments against the grantor for his share of the common expenses to the time of grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee. However, any grantee shall be entitled to a statement from the manager or board of directors, setting forth the amount of the unpaid assessments against the grantor and the grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth.
N.M. Stat. § 29-16-8 — NM_STATUTES Code / Chapter 29 / Article 16 / Section 29-16-8
§ 29-16-8. Confidentiality; disclosure and dissemination of DNA records
Status: in_force

A. DNA records and samples are confidential and shall not be disclosed except as authorized in the DNA Identification Act pursuant to the rules and regulations developed and adopted by the DNA oversight committee.

B. The administrative center shall make DNA records available for identification, comparison and investigative purposes to local, state and federal law enforcement agencies and the state medical investigator pursuant to the rules developed and adopted by the DNA oversight committee. The administrative center may disseminate statistical or research information derived from samples and DNA testing if all personal identification is removed pursuant to the rules developed and adopted by the DNA oversight committee.

C. To minimize duplicate sample collection and testing, the administrative center may make information available, by secure electronic methods, to local, state and federal law enforcement agencies, the corrections department, jails and detention facilities for the purpose of verifying whether a sample has been collected from a specific individual. Information provided under this subsection shall not include DNA testing results.
N.M. Stat. § 77-15-14 — NM Code / Chapter 77 / Article 15 / Section 77-15-14
§ 77-15-14. Program in addition to all other programs
Status: in_force

The county predator control program established under this County Predator Control Act shall be in addition to other state and federal programs, and shall not be construed to be in lieu of those programs.
N.M. Stat. § 28-19-2 — NM Code / Chapter 28 / Article 19 / Section 28-19-2
§ 28-19-2. Martin Luther King, Jr. fund; created
Status: in_force

A. There is created within the state treasury for the commission a fund that shall be designated as the “Martin Luther King, Jr. fund” that shall consist of appropriations, endowments and bequests.

B. Money from the fund shall be disbursed upon warrant of the secretary of finance and administration pursuant to vouchers submitted by the executive director of the commission for the purpose of carrying out the provisions of this act.
N.M. Stat. § 11-18-2 — NM_STATUTES Code / Chapter 11 / Article 18 / Section 11-18-2
§ 11-18-2. Definitions
Status: in_force

As used in the State-Tribal Collaboration Act:

A. “ American Indian or Alaska Native ” means:

(1) individuals who are members of any federally recognized Indian tribe, nation or pueblo;

(2) individuals who would meet the definition of “Indian” pursuant to 18 USC 1153 ; or

(3) individuals who have been deemed eligible for services and programs provided to American Indians and Alaska Natives by the United States public health service, the bureau of Indian affairs or other federal programs;

B. “ Indian nation, tribe or pueblo ” means any federally recognized Indian nation, tribe or pueblo located wholly or partially in New Mexico; and

C. “ state agency ” means an agency, department or office of the state of New Mexico that is cabinet-level.
N.M. Stat. § 10-11-18 — NM Code / Chapter 10 / Article 11 / Section 10-11-18
§ 10-11-18. State general member coverage plan 1; final average salary
Status: in_force

Under state general member coverage plan 1, final average salary is one thirty-sixth of the greatest aggregate amount of salary paid a member for thirty-six consecutive months of credited service. Under state general member coverage plan 1, if a member has less than thirty-six months of credited service, final average salary is the aggregate amount of salary paid a member for the member's period of credited service divided by the member's credited service.
N.M. Stat. § 33-2-31 — NM Code / Chapter 33 / Article 2 / Section 33-2-31
§ 33-2-31. Suppressing disorder; escape and arrest; when wounding or killing justified
Status: in_force

It shall be the duty of all the officers and other citizens of the state, by every means in their power, to suppress any insurrection, mutiny or disorder among convicts sentenced to the penitentiary and to prevent the escape or rescue of any such convicts therefrom, or from any other legal confinement, or from any person in whose legal custody they may be, and if in so doing or arresting any convict who may have escaped, such officer or other person should wound or kill such convict or other person aiding or assisting such convict, they shall be justified and held guiltless, but they shall not be excusable for using greater force than the emergency of the case demands.
N.M. Stat. § 61-9-11.2 — NM Code / Chapter 61 / Article 9 / Section 61-9-11.2
§ 61-9-11.2. Criminal background checks
Status: in_force

A. The board may adopt rules that provide for criminal background checks for all licensees to include:

(1) requiring criminal history background checks of applicants for licensure pursuant to the Professional Psychologist Act;

(2) requiring applicants for licensure to be fingerprinted only upon initial licensure;

(3) providing for an applicant who has been denied licensure to inspect or challenge the validity of the background check record;

(4) establishing a fingerprint and background check fee not to exceed seventy-five dollars ($75.00) to be paid by the applicant; and

(5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history check.

B. Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.

C. Electronic live fingerprint scans may be used when conducting criminal history background checks.