FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 21-23-7.1 — NM Code / Chapter 21 / Article 23 / Section 21-23-7.1
§ 21-23-7.1. Surety bond required; alternative surety
Status: in_force

A. A college, university or career school registered or licensed by the department shall post with the department and maintain in effect a surety bond. The bond shall be payable to the department and shall be sufficient in amount to indemnify any student damaged as a result of fraud or misrepresentation by a registered or licensed college, university or career school or as a result of the college, university or career school ceasing operation prior to its students having completed the programs for which they have contracted.

B. The department is authorized to establish the amount of bond required on an individual basis, taking into consideration factors such as the college's, university's or career school's size, number of students and total income and assets of the college, university or career school in the state. In no case shall the bond be less than five thousand dollars ($5,000) nor shall it exceed twenty percent of a college's, university's or career school's gross annual tuition revenue in New Mexico.

C. Surety bonds may be canceled only following delivery of written notice to the department no less than ninety days prior to the date of cancellation. In case of cancellation, the college, university or career school shall provide the department with a like surety or acceptable alternative in order to maintain licensure.

D. As an alternative to a surety bond, a college, university or career school may elect to and the department may require that a college, university or career school establish and maintain a cash deposit escrow account, irrevocable letter of credit or alternative payable to the department in an amount set by the department and subject to rules promulgated by the department. In no case shall the deposit or account required exceed twenty percent of the college's, university's or career school's gross tuition annual revenue in New Mexico.
N.M. Stat. § 1-13-5 — NM Code / Chapter 1 / Article 13 / Section 1-13-5
§ 1-13-5. Post-election duties; county canvass; defective returns; correction
Status: in_force

A. The county canvassing board shall immediately issue a summons directed to the precinct board, commanding them to forthwith appear and make the necessary corrections or supply omissions if:

(1) it appears on the face of the election returns that any certificate has not been properly executed;

(2) it appears that there is a discrepancy within the election returns;

(3) it appears that there is a discrepancy between the number of votes set forth in the certificate for any candidate and the number of electors voting as shown by the election returns; or

(4) it appears that there is any omission, informality, ambiguity, error or uncertainty on the face of the returns.

B. The summons shall be served by the sheriff as in the manner of civil cases, and for each service the sheriff shall be allowed the same mileage as is paid in civil cases. The mileage shall be paid by each member of the precinct board served.

C. After issuing the necessary summonses, the county canvassing board shall proceed with the canvass of all correct election returns.
N.M. Stat. § 56-9-41 — NM Code / Chapter 56 / Article 9 / Section 56-9-41
§ 56-9-41. Time for payment of claims; notice; refusal to pay; penalty; dismissal
Status: in_force

As soon as practicable and not exceeding thirty days after a time for allowance of demands had under this chapter, provided sufficient money shall have then come into his hands, the assignee or assignees shall pay upon the demands allowed, according to their right, as much as the means on hand will permit after reserving enough for proper fees, costs, expenses and demands, including expenses of litigation then pending, and as often thereafter as a dividend of five per centum can be paid upon the demands allowed as aforesaid, the assignee or assignees shall give notice thereof for publication for one week in the same newspaper in which was published the notice for allowance of demands, or in such other newspaper as the court or judge thereof may direct; and if such assignee or assignees shall neglect or refuse to make payment out of such trust fund, as in this section required, for more than three days after the same have become due and have been demanded by the person entitled thereto, his agent or attorney, or if he or they shall in any way neglect or refuse to comply with the provisions of this section, he or they shall for every such neglect or refusal, forfeit and pay to the person or persons aggrieved, five per centum per month interest on such sum as such person or persons were entitled to at the time of such demand, to be recovered by motion in the court having jurisdiction of said assignment; and any judgment rendered by said court on the hearing of said motion shall be against said assignee or assignees and his or their securities on their trust provided for in this chapter, and such assignee or assignees shall in addition to such forfeiture, be subject to be dismissed from his or their trust by said court for such neglect and refusal and on motion and citation for that purpose.
N.M. Stat. § 21-21C-3 — NM Code / Chapter 21 / Article 21C / Section 21-21C-3
§ 21-21C-3. Definitions
Status: in_force

As used in the Student Choice Act:

A. “department” means the higher education department;

B. “institution” means any independent nonprofit nonsectarian four-year college or university whose New Mexico campus is accredited by the North Central Accrediting Association;

C. “independent” as used with respect to an institution means any institution which is not a state institution; and

D. “student choice grant” means a grant awarded to a student by the board [commission [department]] pursuant to the provisions of the Student Choice Act.
N.M. Stat. § 36-1A-15 — NM Code / Chapter 36 / Article 1A / Section 36-1A-15
§ 36-1A-15. Federal funds and assistance
Status: in_force

When the provisions of any laws of the United States or any rule, order or regulation of any federal agency or authority providing federal funds for use in the state, either directly or indirectly or as a grant-in-aid, to be matched or otherwise, impose as a condition for the receipt of such funds other or higher personnel standards or different classifications than are provided for by the District Attorney Personnel and Compensation Act, the board shall recommend to the district attorneys adoption of rules and regulations to meet the requirements of such laws, rules, order or regulation.
N.M. Stat. § 59A-9-2 — NM Code / Chapter 59A / Article 9 / Section 59A-9-2
§ 59A-9-2. Eligible investments
Status: in_force

A. Insurers shall invest in or lend their funds on security of, and shall hold as invested assets, only eligible investments as prescribed in this article.

B. Any particular investment held by an insurer on effective date of the Insurance Code, which was a legal investment at time made and which the insurer was legally entitled to possess immediately prior to such effective date, shall be deemed an eligible investment.

C. Eligibility of an investment shall otherwise be determined as of date of making or acquisition.

D. Any investment limitation based upon the amount of the insurer's assets or particular funds shall relate to such assets or funds as shown by the insurer's annual statement as of December 31 next preceding date of acquisition of the investment, or as shown by a more recent financial statement resulting from merger of another insurer, bulk reinsurance or change of capitalization.

E. No insurer shall pay any commission or brokerage for purchase or sale of property in excess of that usual and customary at the time and in the locality where the purchase or sale is made.
N.M. Stat. § 22-11-44 — NM_STATUTES Code / Chapter 22 / Article 11 / Section 22-11-44
§ 22-11-44. Saving clause; retirement benefits; disability benefits
Status: repealed

A. Any person retired pursuant to the provisions of any laws repealed by the Educational Retirement Act shall be considered to have retired pursuant to the Educational Retirement Act and shall continue to receive retirement benefits in the same amount as received prior to the enactment of the Educational Retirement Act.

B. Any person receiving disability benefits pursuant to any laws repealed by the Educational Retirement Act shall continue to receive disability benefits in the same amount as received prior to the enactment of the Educational Retirement Act and shall be considered to have been granted disability benefits pursuant to and be subject to the provisions of the Educational Retirement Act.

C. Nothing in the Educational Retirement Act shall be construed to adversely affect any benefits being paid pursuant to any laws repealed by the Educational Retirement Act or any laws establishing the public employees retirement association.

D. No person who was covered under the provisions of any statute repealed by the Educational Retirement Act shall be retired at a monthly benefit that is less than the person would have received had the person's employment continued to be performed under such repealed provisions.
N.M. Stat. § 26-1-18 — NM Code / Chapter 26 / Article 1 / Section 26-1-18
§ 26-1-18. Promulgating regulations; procedure
Status: in_force

A. The board may promulgate regulations for the efficient enforcement of the New Mexico Drug, Device and Cosmetic Act. The board shall conform the regulations promulgated under the New Mexico Drug, Device and Cosmetic Act, insofar as practical, with regulations promulgated under the federal act as defined in Section 26-1-2 NMSA 1978 .

B. The board shall, by regulation, declare a substance a “dangerous drug” when necessary, and notification shall be sent to all registered pharmacies in the state within sixty days of the adoption of the regulation.

C. The board shall promulgate the requirements for a pedigree.

D. All regulations promulgated by the board shall be in accordance with the Uniform Licensing Act. 1
N.M. Stat. § 29-15-12 — NM_STATUTES Code / Chapter 29 / Article 15 / Section 29-15-12
§ 29-15-12. Attorney general to require compliance; removal or discipline
Status: in_force

A. The attorney general shall enforce state agency compliance with the provisions of the Missing Persons Information and Reporting Act as appropriate to assure the immediate response to a report of a missing person.
N.M. Stat. § 61-34-16 — NM Code / Chapter 61 / Article 34 / Section 61-34-16
§ 61-34-16. Criminal Offender Employment Act
Status: in_force

The provisions of the Criminal Offender Employment Act shall govern any consideration of criminal records required or permitted by the Signed Language Interpreting Practices Act.
N.M. Stat. § 20-12-61 — NM_STATUTES Code / Chapter 20 / Article 12 / Section 20-12-61
§ 20-12-61. Burglary
Status: in_force

Any person subject to Chapter 20 NMSA 1978 who, with intent to commit an offense punishable under Sections 20-12-49 through 20-12-60 NMSA 1978 breaks and enters, in the nighttime, the dwelling house of another, is guilty of burglary and shall be punished as a court-martial may direct.
N.M. Stat. § 73-13-6 — NM Code / Chapter 73 / Article 13 / Section 73-13-6
§ 73-13-6. Assessments on transfer of water rights
Status: in_force

Whenever water rights shall be transferred, under the provisions of this act, from lands which are subject to any assessment for the payment of any outstanding bonds or other obligations of the district, the lands to which such water rights are transferred shall be subject to the same assessment or assessments from the date of such transfer. Such lands shall also be charged, from the date of transfer with assessments levied for the maintenance of the irrigation system or systems of the district, and for the general expenses of the district, in the same proportion as other lands in the district.
N.M. Stat. § 60-3A-2 — NM Code / Chapter 60 / Article 3A / Section 60-3A-2
§ 60-3A-2. Liquor policy of state; investigation of applicants; responsibility of licensees
Status: in_force

A. It is the policy of the Liquor Control Act that the sale, service and public consumption of alcoholic beverages in the state shall be licensed, regulated and controlled so as to protect the public health, safety and morals of every community in the state; and it is the responsibility of the director to investigate the qualifications of all applicants for licenses under that act, to investigate the conditions existing in the community in which the premises for which any license is sought are located before the license is issued, to the end that licenses shall not be issued to persons or for locations when the issuance is prohibited by law or contrary to the public health, safety or morals.

B. It is the intent of the Liquor Control Act that each person to whom a license is issued shall be fully liable and accountable for the use of the license, including but not limited to liability for all violations of the Liquor Control Act and for all taxes charged against the license.
N.M. Stat. § 59A-46-55 — NM Code / Chapter 59A / Article 46 / Section 59A-46-55
§ 59A-46-55. Coverage exclusion
Status: in_force

Coverage of vasectomy and male condoms pursuant to Section 7 of this 2019 act is excluded for high-deductible individual or group health maintenance organization contracts with health savings accounts delivered or issued for delivery in this state until an enrollee's deductible has been met.
N.M. Stat. § 10-7E-13 — NM Code / Chapter 10 / Article 7E / Section 10-7E-13
§ 10-7E-13. Appropriate bargaining units
Status: in_force

A. The board or local board shall, upon receipt of a petition for a representation election filed by a labor organization, designate the appropriate bargaining units for collective bargaining. Appropriate bargaining units shall be established on the basis of occupational groups or clear and identifiable communities of interest in employment terms and conditions and related personnel matters among the public employees involved. Occupational groups shall generally be identified as blue-collar, secretarial clerical, technical, professional, paraprofessional, police, fire and corrections. The parties, by mutual agreement, may further consolidate occupational groups. Essential factors in determining appropriate bargaining units shall include the principles of efficient administration of government, the history of collective bargaining and the assurance to public employees of the fullest freedom in exercising the rights guaranteed by the Public Employee Bargaining Act.

B. Within thirty days of a disagreement arising between a public employer and a labor organization concerning the composition of an appropriate bargaining unit, the board or local board shall hold a hearing concerning the composition of the bargaining unit before designating an appropriate bargaining unit.

C. The board or local board shall not include in an appropriate bargaining unit supervisors, managers or confidential employees.

D. Jobs included within a bargaining unit pursuant to a local ordinance in effect on January 1, 2020 shall remain in that bargaining unit.
N.M. Stat. § 10-16H-3 — NM Code / Chapter 10 / Article 16H / Section 10-16H-3
§ 10-16H-3. Accumulated sick leave; application to family caregiving
Status: in_force

A. A state agency or public school that provides eligible employees with sick leave for an eligible employee’s own illness or injury or to receive health care shall permit its eligible employees to use accrued sick leave to care for their family members in accordance with the same terms and procedures that the state agency or public school imposes for any other use of sick leave by eligible employees.

B. A state agency or public school employing an eligible employee shall not discharge or threaten to discharge, demote, suspend or retaliate or discriminate in any manner, including using the employee’s use of caregiver leave as a factor in the employee’s performance evaluation, against an eligible employee because that employee requests or uses caregiver leave in accordance with the state agency’s or public school’s general sick leave policy, files a grievance for violation of the Public Employee Caregiver Leave Act, cooperates in an investigation or prosecution of an alleged violation of that act or opposes any policy or practice established pursuant to that act.

C. Nothing in this section shall require a state agency or public school to provide sick leave to its employees.

D. The provisions of the Public Employee Caregiver Leave Act are nonexclusive and cumulative and are in addition to any other rights or remedies afforded by contract or under other provision of law. The Public Employee Caregiver Leave Act does not prohibit a state agency or public school from providing greater sick leave benefits than are provided pursuant to that act.

E. Each state agency director and public school administrator shall adopt and promulgate policies to implement the provisions of the Public Employee Caregiver Leave Act. These policies shall include, at a minimum, grievance procedures for according eligible employees recourse for violations of the Public Employee Caregiver Leave Act. As used in this section, “ state agency director ” means:

(1) the director of the state personnel office for those state agencies to which the provisions of the Personnel Act 1 apply; and

(2) the director of a state agency to which the provisions of the Personnel Act do not apply.
N.M. Stat. § 18-2-9 — NM_STATUTES Code / Chapter 18 / Article 2 / Section 18-2-9
§ 18-2-9. Types of certificates
Status: in_force

The types of certificates issued by the state librarian shall be:

A. permanent professional librarian;

B. grade I librarian;

C. grade II librarian; and

D. temporary librarian.
N.M. Stat. § 9-7A-4 — NM Code / Chapter 9 / Article 7A / Section 9-7A-4
§ 9-7A-4. Department established
Status: in_force

There is created in the executive branch the “department of environment”. The department shall be a cabinet department and shall include, but not be limited to, an information technology division and the programs and functions of the environmental improvement division. All references in the law to the environmental improvement agency or the environmental improvement division of the health and environment department shall be construed to mean the department. All references to the director of the environmental improvement division shall be construed to mean the secretary. The department shall consist of the staff of the environmental improvement division and such other powers, duties and personnel of the former health and environment department as may be assigned by the governor pursuant to executive order.
N.M. Stat. § 21-13-1 — NM Code / Chapter 21 / Article 13 / Section 21-13-1
§ 21-13-1. Short title
Status: in_force

Chapter 21, Article 13 NMSA 1978 shall be known as the “Community College Act”.
N.M. Stat. § 25-6-16 — NM_STATUTES Code / Chapter 25 / Article 6 / Section 25-6-16
§ 25-6-16. Penalties
Status: in_force

A. Any person violating any provisions of the Egg Grading Act or any rule or regulation promulgated by the board or their authorized inspectors is guilty of a misdemeanor and upon conviction thereof shall be imprisoned in the county jail for not more than ninety days, or shall be fined not more than one hundred dollars ($100), or both such fine and imprisonment in the discretion of the court.

B. The licenses of third and subsequent violators may be revoked by the board.

C. In addition to all other fees prescribed by the Egg Grading Act, a penalty fee of ten percent shall be added for delinquent filing of any report or the delinquent paying of any inspection fee, and if the report and payment are not made within ten days of notification of delinquency, penalty shall be twenty-five percent of the inspection fee. Persons filing a false report shall be penalized fifty percent of the amount due for inspection fees.
N.M. Stat. § 61-37-11 — NM Code / Chapter 61 / Article 37 / Section 61-37-11
§ 61-37-11. Tobacco products administration fund; created; purpose
Status: in_force

The “tobacco products administration fund” is created as a nonreverting fund in the state treasury. The fund consists of fees and administrative penalties collected by the division pursuant to the Tobacco Products Act, appropriations by the legislature, gifts, grants and donations. Money in the fund at the end of a fiscal year shall not revert to any other fund. The division shall administer the fund, and money in the fund is subject to appropriation by the legislature to the division for the administration of the Tobacco Products Act. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the superintendent of regulation and licensing or the superintendent's authorized representative.
N.M. Stat. § 32A-3B-20 — NM Code / Chapter 32A / Article 3B / Section 32A-3B-20
§ 32A-3B-20. Parental responsibility
Status: in_force

A. The court shall order the parent to pay the reasonable costs of support and maintenance of the child that the parent is financially able to pay if a child is adjudicated to be a child of a family in need of court-ordered services and the court orders the child placed with an agency or individual other than the parent. The court may use the child support guidelines set forth in Section 40-4-11.1 NMSA 1978 to calculate a reasonable payment.

B. The court may enforce any of its orders issued pursuant to this section by use of its contempt power.
N.M. Stat. § 6-25-28 — NM_STATUTES Code / Chapter 6 / Article 25 / Section 6-25-28
§ 6-25-28. Application of other laws
Status: in_force

The Statewide Economic Development Finance Act shall be deemed to provide additional and alternative methods of financing projects authorized in that act and shall be deemed supplemental and additional to powers conferred by other laws.
N.M. Stat. § 5-13A-12 — NM Code / Chapter 5 / Article 13A / Section 5-13A-12
§ 5-13A-12. Ordinance requirements
Status: in_force

The ordinance imposing a sports and recreation facility fee or any ordinance amending the imposition of a sports and recreation facility fee:

A. shall state:

(1) the rate of the sports and recreation facility fee to be imposed;

(2) the time, place and method for the payment of the sports and recreation facility fee proceeds to the local governing body;

(3) the accounts and other records to be maintained in connection with the sports and recreation facility fee;

(4) a procedure for making refunds and resolving disputes relating to the sports and recreation facility fee;

(5) the procedures for preservation, destruction, inspection and investigation of records;

(6) vendor audit requirements;

(7) applicable civil penalties;

(8) a procedure for liens and sales to satisfy those liens;

(9) that the ordinance is not effective until the imposition of the sports and recreation facility fee has been approved pursuant to a referendum in which a majority of voters voting within the qualified municipality votes in favor of imposition of the sports and recreation facility fee; and

(10) that the sports and recreation facility fee shall be imposed for a period not exceeding twenty years from the effective date of the ordinance imposing the sports and recreation facility fee; and

B. shall provide other rights, privileges, powers, immunities and details relating to the collection of the sports and recreation facility fee and the remittance of the proceeds of that fee to the local governing body.