FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 57-2B-2 — NM Code / Chapter 57 / Article 2B / Section 57-2B-2
§ 57-2B-2. Definitions
Status: in_force

As used in the Fire-Safer Cigarette and Firefighter Protection Act:

A. “ agent ” means any person authorized by the taxation and revenue department to purchase and affix stamps on packages of cigarettes;

B. “ cigarette ” means:

(1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or

(2) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance, the type of tobacco used in the filler or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette as described in Paragraph (1) of this subsection;

C. “ manufacturer ” means:

(1) any entity that manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced that are intended to be sold in New Mexico, including cigarettes intended to be sold in New Mexico through an importer; or

(2) any entity that becomes a successor of an entity described in Paragraph (1) of this subsection;

D. “ quality control and assurance program ” means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors and equipment-related problems do not affect the results of the testing and that the testing repeatability remains within the required repeatability values in Subsection C of Section 3 of the Fire-Safer Cigarette and Firefighter Protection Act for all test trials used to certify cigarettes under that act;

E. “ repeatability ” means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time;

F. “ retail dealer ” means any person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products;

G. “ sale ” or “ sell ” means a transfer of or an offer or agreement to transfer title or possession by exchange, barter or any other means. In addition to cash and credit sales, giving cigarettes as samples, prizes or gifts and exchanging cigarettes for any consideration other than money is a “sale”; and

H. “ wholesale dealer ” means any person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale and any person who owns, operates or maintains one or more cigarette or tobacco product vending machines on premises owned or occupied by another person.
N.M. Stat. § 21-7-14 — NM Code / Chapter 21 / Article 7 / Section 21-7-14
§ 21-7-14. Resolution for issuance of building and improvement bonds
Status: in_force

Whenever the said board, by the affirmative vote of a majority of its members, duly entered in the minutes of said board, shall by resolution determine that it is necessary to erect, alter, improve, furnish or equip any building or buildings at said university, or acquire any land for the use thereof, or to retire the whole or any part of any series of bonds previously issued in conformity with the provisions of this act, or for either of said purposes, said board is hereby empowered and authorized to issue and sell, subject to the terms of this act, building and improvement bonds of the university of New Mexico.
N.M. Stat. § 20-12-60 — NM_STATUTES Code / Chapter 20 / Article 12 / Section 20-12-60
§ 20-12-60. Extortion
Status: in_force

Any person subject to Chapter 20 NMSA 1978 who communicates threats to another person with the intention thereby to obtain anything of value or any acquittance, advantage or immunity is guilty of extortion and shall be punished as a court-martial may direct.
N.M. Stat. § 6-14-6 — NM_STATUTES Code / Chapter 6 / Article 14 / Section 6-14-6
§ 6-14-6. Publication of notice after adoption of resolution or ordinance
Status: in_force

A public body, or the state, after having adopted a resolution or ordinance authorizing the issuance of public securities, shall publish notice of the adoption of such resolution once in a newspaper of general circulation within the political subdivision, or in the case of the state, of general statewide circulation. Compliance with the Municipal Code 1 requirements for the publication of ordinances shall constitute compliance by municipalities of the requirements of the Public Securities Limitation of Action Act.
N.M. Stat. § 61-5B-5 — NM Code / Chapter 61 / Article 5B / Section 61-5B-5
§ 61-5B-5. Examination by committee
Status: in_force

A. The examining committee assigned to examine a licensee pursuant to referral by the board shall conduct an examination of the licensee for the purpose of determining the fitness of the licensee to practice dentistry or dental hygiene with reasonable skill and safety to patients, either on a restricted or unrestricted basis, and shall report its findings and recommendations to the board. The findings and recommendations shall be based on findings by the examining committee that the licensee examined possesses one or more of the impairments set forth in the Impaired Dentists and Dental Hygienists Act and such impairment does, in fact, affect the ability of the licensee to skillfully and safely practice dentistry or dental hygiene. The examining committee shall order the licensee to appear before it for hearing and give the licensee fifteen days notice of time and place of the hearing, together with a statement of the cause for such examination. The notice shall be served upon the licensee either personally or by registered or certified mail with return receipt requested.

B. If the examining committee, in its discretion, deems a mental or physical examination of the licensee necessary to its determination of the fitness of the licensee to practice, the examining committee shall order the licensee to submit to such examination. Any person licensed to practice dentistry or dental hygiene in this state shall, by so practicing or by making or filing an annual registration to practice dentistry or dental hygiene in this state, be deemed to have:

(1) given consent to submit to mental or physical examination when so directed by the examining committee; and

(2) waived all objections to the admissibility of the report of the examining committee to the board or the dental hygienists committee on the grounds of privileged communication.

C. Any licensee who submits to a diagnostic mental or physical examination as ordered by the examining committee shall have a right to designate an accompanying individual to be present at the examination and make an independent report to the board.

D. Failure of a licensee to comply with an examining committee order under Subsection B of this section to appear before it for hearing or to submit to mental or physical examination under this section shall be reported by the examining committee to the board or dental hygienists committee and, unless due to circumstances beyond the control of the licensee, shall be grounds for the immediate and summary suspension by the board of the licensee to practice dentistry or dental hygiene in this state until further order of the board.
N.M. Stat. § 22-8B-5.1 — NM_STATUTES Code / Chapter 22 / Article 8B / Section 22-8B-5.1
§ 22-8B-5.1. Governing body training
Status: in_force

The department shall develop a mandatory training course for all governing body members that explains department rules, policies and procedures, statutory powers and duties of governing boards, legal concepts pertaining to public schools, finance and budget and other matters deemed relevant by the department. The department shall notify the governing body members of the dates of the training courses.
N.M. Stat. § 59A-46-52 — NM Code / Chapter 59A / Article 46 / Section 59A-46-52
§ 59A-46-52. Prescription drug prior authorization protocols
Status: in_force

A. After January 1, 2014, a health maintenance organization shall accept the uniform prior authorization form developed pursuant to Sections 2 and 3 of this 2013 act as sufficient to request prior authorization for prescription drug benefits.

B. No later than twenty-four months after the adoption of national standards for electronic prior authorization, a health insurer shall exchange prior authorization requests with providers who have e-prescribing capability.

C. If a health maintenance organization fails to use or accept the uniform prior authorization form or fails to respond within three business days upon receipt of a uniform prior authorization form, the prior authorization request shall be deemed to have been granted.

D. As used in this section, “health maintenance organization”:

(1) means:

(a) a health maintenance organization; or

(b) a managed care organization; and

(2) does not include:

(a) a person that delivers, issues for delivery or renews an individual policy intended to supplement major medical group-type coverages such as medicare supplement, long-term care, disability income, specified disease, accident-only, hospital indemnity or other limited-benefit health insurance policy;

(b) a physician or a physician group to which a health maintenance organization has delegated financial risk for prescription drugs and that does not use a prior authorization process for prescription drugs; or

(c) a health maintenance organization or its affiliated providers if the health maintenance organization owns and operates its pharmacies and does not use a prior authorization process.
N.M. Stat. § 2-8F-48 — NM_STATUTES Code / Chapter 2 / Article 8F / Section 2-8F-48
§ 2-8F-48. Senate district forty-two
Status: in_force

Senate district forty-two is composed of Chaves county precinct 47; Eddy county precincts 5, 12, 19, 20, 24, 27, 28, 36, 37, 39, 42, 45 through 48 and 54; and Lea county precincts 10, 13, 18 through 30, 33, 37 through 44, 56 and 57.
N.M. Stat. § 7-9-110.2 — NM_STATUTES Code / Chapter 7 / Article 9 / Section 7-9-110.2
§ 7-9-110.2. Deduction; compensating tax; locomotive engine fuel
Status: in_force

The value of fuel to be loaded or used by a common carrier in a locomotive engine may be deducted in computing the compensating tax due. For the purposes of this section, “ locomotive engine ” means a wheeled vehicle consisting of a self-propelled engine that is used to draw trains along railway tracks.
N.M. Stat. § 64-2-2 — NM Code / Chapter 64 / Article 2 / Section 64-2-2
§ 64-2-2. Powers and duties of board
Status: in_force

To protect the lives and property of the users of the airport and the occupants of the territory adjacent to the airport, the joint airport zoning board may exercise those powers and duties granted legislative bodies under the Municipal Airport Zoning Law in conformity with the provisions of the Municipal Airport Zoning Law or Sections 3-21-1 , 3-21-2 and 3-21-5 through 3-21-11 NMSA 1978 insofar as it relates to compatible land use zoning around the airport. The area eligible for height, hazard and compatible land use zoning around the airport may not extend more than fifty thousand feet beyond any point on the perimeter of the area of land for the airport which is owned by the political subdivision which operates the airport.
N.M. Stat. § 18-6-17 — NM Code / Chapter 18 / Article 6 / Section 18-6-17
§ 18-6-17. Designation of state historic sites; reservation of lands for historic site care and management
Status: in_force

The governor is authorized, upon the recommendation of the committee and the board of regents of the museum of New Mexico, to declare by public proclamation that any cultural property situated on lands owned or controlled by the state shall be a state historic site and may reserve as a part thereof such parcels of land as may be necessary for the proper care and management of the cultural property to be protected. In the case of proposed state historic sites situated on state trust lands, the federal laws granting same shall be complied with. Any such historic site shall be administered by the state historic sites division of the cultural affairs department in accordance with the provisions of Section 18-6-6 NMSA 1978 .
N.M. Stat. § 12-9A-3 — NM Code / Chapter 12 / Article 9A / Section 12-9A-3
§ 12-9A-3. Criteria for licensure and regulation
Status: in_force

In determining whether to enact legislation to create a new board or commission to provide for licensure or regulation of a profession or occupation that is currently not subject to state licensure or regulation, the legislature shall consider whether the following criteria are met:

A. unregulated practice of the profession or occupation will clearly harm or endanger the health, safety or welfare of the public, and the potential for harm is easily recognizable and not remote;

B. regulation of the profession or occupation does not impose significant new economic hardship on the public, significantly diminish the supply of qualified practitioners or otherwise create barriers to service that are not consistent with the public welfare or interest;

C. existing protections available to the consumer are insufficient, no alternatives to regulation will adequately protect the public and this licensure or regulation will provide that protection and mitigate the problems;

D. functions and tasks of the occupation or profession are clearly defined and the occupation or profession is clearly distinguishable from others already licensed or regulated;

E. the occupation or profession requires possession of knowledge, skills and abilities that are both teachable and testable and the practitioners operate independently and make decisions of consequence;

F. the public needs and can reasonably be expected to benefit from the assurance from the state of initial and continuing professional competence; and

G. the public cannot be effectively protected by other means in a more cost-effective manner.
N.M. Stat. § 3-39-17 — NM Code / Chapter 3 / Article 39 / Section 3-39-17
§ 3-39-17. Definitions
Status: in_force

As used in the Municipal Airport Zoning Law, unless the context otherwise requires:

A. “airport” means any area of land or water designated for the landing and taking-off of aircraft and utilized or to be utilized by the public as a point of arrival or departure by air;

B. “airport hazard” means any overhead power line which interferes with radio communication between a publicly owned airport and aircraft approaching or leaving same; or any structure or tree which obstructs the aerial approaches of such an airport or is otherwise hazardous to its use for landing or taking off;

C. an airport is “publicly owned” if the portion thereof used for landing and taking-off of aircraft is owned by a governmental body, political subdivision, public agency or other public corporation;

D. “legislative body” means the legislative or governing body of any county or municipal or political subdivision of the state of New Mexico, having or acquiring a publicly owned airport within its corporate or political limits;

E. “person” means any individual, firm, copartnership, corporation, company, association, joint stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof;

F. “structure” means any object constructed or installed by man, including, but without limitation, buildings, towers, smokestacks and overhead transmission lines; and

G. “tree” means any object of natural growth.
N.M. Stat. § 31-4-20 — NM Code / Chapter 31 / Article 4 / Section 31-4-20
§ 31-4-20. Guilt or innocence of accused, when inquired into
Status: in_force

The guilt or innocence of the accused as to the crime of which he is charged may not be inquired into by the governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as above provided shall have been presented to the governor, except as it may be involved in identifying the person held as the person charged with the crime.
N.M. Stat. § 72-5-12 — NM Code / Chapter 72 / Article 5 / Section 72-5-12
§ 72-5-12. Failure to comply with state engineer order; penalty
Status: in_force

Any owner of works for the diversion, storage, carriage or impoundment of water, his agent or employees, who, following notice to place such works in a safe condition as provided in Section 72-5-11 NMSA 1978 , fails to take action specified by the state engineer within the time allowed, shall be guilty of a misdemeanor. Any violation of this section shall be punishable by a fine of not more than two hundred fifty dollars ($250) for each offense or by imprisonment for a definite term not to exceed six months, or both. It is the duty of the state engineer to give prompt notice to the district attorney of the county in which the works are located in case of such violation. The district attorney shall at once proceed against the owner and all parties responsible therefor.
N.M. Stat. § 10-12C-7 — NM_STATUTES Code / Chapter 10 / Article 12C / Section 10-12C-7
§ 10-12C-7. Funds not subject to legal process; division of funds as community property; legal process to satisfy child support obligations
Status: in_force

A. Except as provided in Subsections B and C of this section, none of the money, pensions or other benefits provided pursuant to the provisions of the Magistrate Retirement Act shall be assignable either in law or in equity or be subject to execution, levy, attachment, garnishment or other legal process.

B. A court of competent jurisdiction, solely for the purposes of effecting a division of community property in a divorce or legal separation proceeding, may provide by appropriate order for a determination and division of a community interest in the pensions or other benefits provided for in the Magistrate Retirement Act. The court shall fix the manner in which warrants are issued, may order direct payments to a person with a community interest in the pensions or other benefits, may require the election of a specific form of payment and designation of a specific survivor beneficiary or refund beneficiary and may restrain the refund of accumulated member contributions. Payments made pursuant to such orders shall only be made when member contributions are refunded or a pension is payable in accordance with the provisions of the Magistrate Retirement Act. The court shall not alter the manner in which the amount of pensions or other benefits is calculated by the association or cause any increase in the actuarial present value of the pensions or other benefits to be paid by the association.

C. A court of competent jurisdiction, solely for the purposes of enforcing current or delinquent child-support obligations, may provide by appropriate order for withholding amounts due in satisfaction of current or delinquent child-support obligations from the pensions or other benefits provided for in the Magistrate Retirement Act and for payment of such amounts to third parties. The court shall not alter the manner in which the amount of pensions or other benefits is calculated by the association. The court shall not cause any increase in the actuarial present value of the pensions or other benefits to be paid from the fund. Payments made pursuant to such orders shall only be made when member contributions are refunded or when a pension is payable in accordance with the provisions of the Magistrate Retirement Act. In no case shall more money be paid out, either in a lump sum or in monthly pension payments, of the fund in enforcement of current or delinquent child-support obligations than would otherwise be payable at that time.
N.M. Stat. § 13-4-43 — NM Code / Chapter 13 / Article 4 / Section 13-4-43
§ 13-4-43. Dispute resolution
Status: in_force

Once the using agency has determined the existence of a valid claim under the provisions of the Subcontractors Fair Practices Act, the using agency or agent of the using agency may:

A. hold a public hearing for the purpose of providing an informal resolution of the dispute by preparing a “form of dispute” which shall be available to all parties. The form shall state concisely, in numbered paragraphs, the matter at issue or dispute which the complainant expects to be determined. The agent or the using agency shall evaluate the issues presented by both sides of the dispute and render a decision within ten days after the hearing, and provide the parties with a written copy of the decision by certified mail, return receipt requested; or

B. refer the matter in dispute to be resolved through arbitration.
N.M. Stat. § 74-6A-4.1 — NM Code / Chapter 74 / Article 6A / Section 74-6A-4.1
§ 74-6A-4.1. Clean water administrative fund; created; use
Status: in_force

A. The “clean water administrative fund” is created in the state treasury and shall be administered by the department as agent for the commission. The clean water administrative fund shall be a dedicated fund, and all money in the clean water administrative fund is appropriated to the department to be used solely to administer the wastewater facility construction loan fund, which may include water quality planning and water quality analysis and protection studies if authorized by the department and, if necessary, the United States environmental protection agency. The commission may establish procedures, adopt regulations and set fees as required to administer the clean water administrative fund in accordance with the Clean Water Act and state law. The clean water administrative fund shall consist of money deposited from:

(1) loan administration fees collected by the department after the effective date of this section on loans made from the wastewater facility construction loan fund;

(2) interest earned on investment of the clean water administrative fund;

(3) grants from the federal government allotted to the state for the clean water administrative fund;

(4) funds as appropriated by the legislature for administration to implement the provisions of the Clean Water Act; and

(5) any other public or private money dedicated to the clean water administrative fund.

B. Money in the clean water administrative fund not currently needed for the operation of the fund or otherwise dedicated may be invested according to the provisions of Chapter 6, Article 10 NMSA 1978 , and all interest earned on such investments shall be credited to the clean water administrative fund. Money remaining in the clean water administrative fund at the end of any fiscal year shall not revert to the general fund but shall accrue to the credit of the clean water administrative fund.

C. The department shall establish fiscal controls and accounting procedures that are sufficient to ensure proper accounting for clean water administrative fund payments, disbursements and balances and shall provide an annual report and an annual independent audit on the clean water administrative fund to the governor and to the United States environmental protection agency as required by the Clean Water Act.
N.M. Stat. § 21-3-17 — NM_STATUTES Code / Chapter 21 / Article 3 / Section 21-3-17
§ 21-3-17. Disposition of proceeds of New Mexico highlands university bonds; building and improvement fund; interest and retirement fund; disbursement; sale expenses
Status: in_force

That the proceeds from the sale of said bonds shall be paid to the secretary and treasurer of the board of regents issuing same, and shall by such secretary and treasurer be placed in a separate fund to be known as “building and improvement fund” to be used and paid out only for the specific purposes in this act [ 21-3-13 , 21-3-14 , 21-3-16 through 21-3-28 NMSA 1978 ] enumerated upon order of the board, or checks signed by the president of the board of regents and by the secretary and treasurer thereof, except such portion thereof as may have been received on account of accrued interest on said bonds to date of delivery, which amount shall be placed in the “interest and retirement fund” for the liquidation of said bonds as hereinafter provided. The cost of preparing, advertising and selling said bonds, including any necessary expense for legal services thereon, shall be paid out of the proceeds of the sale of said bonds.