FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 3-24-11 — NM Code / Chapter 3 / Article 24 / Section 3-24-11
§ 3-24-11. Short title
Status: in_force

Sections 3-24-11 through 3-24-18 NMSA 1978 may be cited as the “Municipal Electric Generation Act”.
N.M. Stat. § 53-11-44 — NM Code / Chapter 53 / Article 11 / Section 53-11-44
§ 53-11-44. Distributions to shareholders
Status: in_force

A. Subject to any restrictions in the articles of incorporation, the board of directors may authorize and the corporation may make distributions, except that no distribution may be made if, after giving effect thereto, either:

(1) the corporation would be unable to pay its debts as they become due in the usual course of its business; or

(2) the corporation's total assets would be less than the sum of its total liabilities and (unless the articles of incorporation otherwise permit) the maximum amount that then would be payable, in any liquidation, in respect of all outstanding shares having preferential rights in liquidation.

B. Determinations under Paragraph (2) of Subsection A of this section may be based upon:

(1) financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances; or

(2) a fair valuation or other method that is reasonable in the circumstances.

C. In the case of a purchase, redemption or other acquisition of a corporation's shares, the effect of a distribution shall be measured as of the date money or other property is transferred or debt is incurred by the corporation, or as of the date the shareholder ceases to be a shareholder of the corporation with respect to such shares, whichever is earlier. In all other cases, the effect of a distribution shall be measured as of the date of its authorization, or as of the date of payment if payment occurs more than one hundred twenty days following the date of authorization.

D. Indebtedness of a corporation incurred or issued to a shareholder in a distribution in accordance with this section shall be on a parity with the indebtedness of the corporation to its general unsecured creditors except to the extent subordinated by agreement.

E. In circumstances to which this section and related sections of the Business Corporation Act are applicable, such provisions supersede the applicability of any other statutes of this state with respect to the legality of distributions.
N.M. Stat. § 21-21H-5 — NM Code / Chapter 21 / Article 21H / Section 21-21H-5
§ 21-21H-5. Conditions for first year eligibility
Status: in_force

A scholarship may be awarded to a New Mexico high school graduate who:

A. is a resident of New Mexico as determined by the definition of residency for tuition purposes as established by the department;

B. will graduate or has graduated from a New Mexico high school and who enrolls in an eligible institution by the end of the graduate's twenty-first birthday;

C. has met the admission requirements and is accepted for enrollment as a full-time undergraduate student at an eligible institution;

D. has maintained a level of performance in high school reflected by an overall score of at least twenty-five on the American college test or SAT equivalent or a high school class rank in the top five percent of the student's high school graduating class in either the student's junior or senior year;

E. has a total combined family income of no more than sixty thousand dollars ($60,000) per year adjusted annually on January 1 to reflect any change from the previous year's then-current consumer price index for all urban consumers published by the bureau of labor statistics of the United States department of labor in either of the calendar years ending within the student's junior or senior years in high school or in the case of a student whose immediate family has more than one family member enrolled full time in an eligible institution of post-secondary education, a total combined family income of no more than an amount as determined by the department to be equivalent to a sixty-thousand dollar ($60,000) total combined family income;

F. has complied with all the rules adopted by the department for award of the scholarship and the provisions regarding the administration of scholarships adopted pursuant to the New Mexico Scholars Act; and

G. is a citizen of the United States or has a permanent resident visa.
N.M. Stat. § 76-6A-11 — NM Code / Chapter 76 / Article 6A / Section 76-6A-11
§ 76-6A-11. Cotton boll weevil control committees; additional duties and powers
Status: in_force

A. Cotton boll weevil control committees may:

(1) conduct programs to monitor, suppress or eradicate cotton boll weevils within their cotton boll weevil control districts;

(2) cooperate in the administration of the Cotton Boll Weevil Control Act through the use of state or federal personnel and facilities or both;

(3) contract for services or enter into cooperative agreements;

(4) publish information and conduct seminars on the distribution and control of the cotton boll weevil;

(5) levy and collect a special assessment, based on cotton acreage or cotton yield per acre within the cotton boll weevil control districts; and

(6) borrow money or accept grants, donations or contributions for any purpose consistent with the powers and duties of the cotton boll weevil control committee.

B. Cotton boll weevil control committees shall provide a complete accounting of the funds collected through the special assessment to all participating cotton producers in the cotton boll weevil control districts.

C. The cotton boll weevil control committee shall send notice of the establishment of a cotton boll weevil control district and its defined boundaries to the New Mexico department of agriculture within fourteen days of its establishment.

D. If the cotton boll weevil control district includes certified organic acreage, the cotton boll weevil control committee shall select an organic cotton producer operating within the district, who shall have all the powers of a committee member, to serve on the cotton boll weevil control committee.
N.M. Stat. § 37-1-13 — NM Code / Chapter 37 / Article 1 / Section 37-1-13
§ 37-1-13. When action deemed commenced
Status: in_force

The filing in the proper clerk's office of the petition, declaration, bill or affidavit, upon the filing of which process is authorized by law to be issued, with intent that process shall issue immediately thereupon, which intent shall be presumed, unless the contrary appear, shall be deemed a commencement of the action.
N.M. Stat. § 58-23-32 — NM Code / Chapter 58 / Article 23 / Section 58-23-32
§ 58-23-32. Liberal construction
Status: in_force

The Hospital Equipment Loan Act shall be liberally construed to accomplish its purposes.
N.M. Stat. § 59A-33-8 — NM Code / Chapter 59A / Article 33 / Section 59A-33-8
§ 59A-33-8. Issuance of policy; annual report
Status: in_force

A. The servicing carriers to which the pool assigns a workers' compensation insurance risk shall issue a policy, upon the payment of the premiums, in a form and for those limits of liability that are approved by the superintendent in accordance with the Workers' Compensation Assigned Risk Pool Law; but the undertakings of any issued policy shall be fully reinsured by all of the members of the pool, and the liability of the member issuing the policy shall be limited to its liability as a reinsurer. On any workers' compensation policy so issued, all members of the pool shall be reinsurers, as among themselves, in proportion to the amount that the net direct commercial line premiums on the insurance written in this state during the corresponding calendar year by the issuing member bears to the total of commercial line premiums written in this state during the corresponding calendar year by all members of the agency, and each policy may be endorsed to reflect the plan of reinsurance described in this section.

B. The superintendent may by regulation establish an incentive program for commercial line insurers to voluntarily write small employers outside of the assigned risk pool. In establishing the program, the superintendent may provide for credits or adjustments to the net direct commercial line premium for the purposes of determining the reinsurance share described in Subsection A of this section.
N.M. Stat. § 9-7-4 — NM Code / Chapter 9 / Article 7 / Section 9-7-4
§ 9-7-4. Department established
Status: in_force

A. There is created in the executive branch the “department of health”. The department shall be a cabinet department and shall include, but not be limited to, the programs and functions of the public health division and the scientific laboratory.

B. All references in the law to the public health division of the health and environment department, the state department of public health, the public health department, the health services division or the state board of health shall be construed as referring to the department.

C. The administrative services division of the department shall provide clerical, recordkeeping and administrative support to the department, including, but not limited to, the areas of personnel, budget, procurement and contracting.

D. The information technology division shall have all those powers and duties conferred upon it by the secretary with the consent of the governor.
N.M. Stat. § 4-53-7 — NM Code / Chapter 4 / Article 53 / Section 4-53-7
§ 4-53-7. Hearings
Status: in_force

At public hearings held pursuant to the Special District Procedures Act, the commission shall hear any interested party having made a written request to be heard, and shall receive any reports on the proposal before it. The commission may make and enforce any rules and regulations as necessary for the orderly and fair hearing on the issues before it.
N.M. Stat. § 29-15A-1 — NM Code / Chapter 29 / Article 15A / Section 29-15A-1
§ 29-15A-1. Short title
Status: in_force

This act may be cited as the “AMBER Alert Law”.
N.M. Stat. § 14-9-7 — NM Code / Chapter 14 / Article 9 / Section 14-9-7
§ 14-9-7. Conveyances to state and public corporations; recording; filing in lieu of recording; maximum fee
Status: in_force

A. The state, the public boards and commissions thereof, municipalities, districts and subdivisions of the state, including conservancy and irrigation districts, shall be entitled to have instruments affecting real estate which have been made to them as grantees or vendees, including rights-of-way for roads, easements or other instruments affecting real estate, to be duly recorded in the offices of the county clerks and ex officio recorders of the various counties in which the real estate is situated.

B. The state, the public boards or commissions thereof, municipalities, districts or subdivisions of the state, including conservancy and irrigation districts, may file the original instruments affecting such real estate with the county clerk and ex officio recorder in the county where the property is situated, and such filings shall be properly indexed by the county clerk and ex officio recorder in the county, and such filings shall have the full legal effect of recording and be legal notice of the rights of the public entities or districts in and to said rights-of-way, easements or other interests conveyed or granted by the instruments affecting the real estate.

C. The county clerks and ex officio recorders shall be paid the statutory recording fee for each instrument recorded or filed and indexed under the terms of this section.
N.M. Stat. § 30-22-4 — NM Code / Chapter 30 / Article 22 / Section 30-22-4
§ 30-22-4. Harboring or aiding a felon
Status: in_force

Harboring or aiding a felon consists of any person, not standing in the relation of husband or wife, parent or grandparent, child or grandchild, brother or sister by consanguinity or affinity, who knowingly conceals any offender or gives such offender any other aid, knowing that he has committed a felony, with the intent that he escape or avoid arrest, trial, conviction or punishment.

In a prosecution under this section it shall not be necessary to aver, nor on the trial to prove, that the principal felon has been either arrested, prosecuted or tried.

Whoever commits harboring or aiding a felon is guilty of a fourth degree felony.
N.M. Stat. § 72-19-74 — NM Code / Chapter 72 / Article 19 / Section 72-19-74
§ 72-19-74. Use of unexpended proceeds
Status: in_force

Any unexpended balance of such security proceeds remaining after the completion of the acquisition or improvement and equipment of the project or the completion of the purpose for which such securities were issued shall be paid immediately into the fund created for the payment of the principal of such securities and shall be used therefor, subject to the provisions as to the times and methods for their payment as stated in the securities and the proceedings authorizing or otherwise appertaining to their issuance, or so paid into a reserve therefor.
N.M. Stat. § 3-60A-41 — NM_STATUTES Code / Chapter 3 / Article 60A / Section 3-60A-41
§ 3-60A-41. Option to purchase
Status: in_force

A. A lease may grant the user of a project an option to purchase all or a part of the project at a stipulated purchase price or at a price to be determined upon appraisal as is provided in the lease.

B. The option may be exercised at a time as the lease may provide.

C. The local government and the user may agree and provide in the lease that all or a part of the rentals paid by the user prior to and at the time of the exercise of the option shall be applied toward the purchase price and shall be in full or partial satisfaction of the purchase price.
N.M. Stat. § 57-18-14 — NM Code / Chapter 57 / Article 18 / Section 57-18-14
§ 57-18-14. Scale used
Status: in_force

When making a weight determination as provided for by the Weighmaster Act, a weighmaster shall use a proper weighing device. A proper weighing device is one suitable for weighing the amount and kind of material to be weighed. A proper weighing device is one that has been inspected and approved for use by a weights and measures officer of this state within a period of twelve months immediately preceding the date of the weighing.
N.M. Stat. § 22-23B-5 — NM Code / Chapter 22 / Article 23B / Section 22-23B-5
§ 22-23B-5. Hispanic education advisory council
Status: in_force

A. The “Hispanic education advisory council” is created as an advisory council to the secretary. The council shall advise the secretary on matters related to improving public school education for Hispanic students, increasing parent involvement and community engagement in the education of Hispanic students and increasing the number of Hispanic high school graduates who succeed in post-secondary academic, professional or vocational education.

B. The secretary shall appoint no more than twenty-three members to the council who are knowledgeable about and interested in the education of Hispanic students, including representatives of public schools; post-secondary education and teacher preparation programs; parents; Hispanic cultural, community and business organizations; other community and business organizations; and other interested persons. The secretary shall give due regard to geographic representation. Members shall serve at the pleasure of the secretary.

C. The council shall elect a chairperson and such other officers as it deems necessary.

D. The council shall meet as necessary, but at least twice each year.

E. The council shall advise the secretary on matters related to Hispanic education in New Mexico.

F. Members of the council shall not receive per diem and mileage or other compensation for their services.
N.M. Stat. § 72-4-2 — NM Code / Chapter 72 / Article 4 / Section 72-4-2
§ 72-4-2. Authority to acquire water rights for development of county water supply system
Status: in_force

Each board of county commissioners of any of the several counties of the state, in addition to all other powers vested in it, is empowered to acquire, by purchase or exchange upon such terms and conditions and in such manner as a commission may deem proper and to acquire by condemnation in accordance with and subject to the provisions of any and all existing laws applicable to the condemnation of property for public use any water rights or any portion thereof within its county limits deemed necessary or proper for public use for the development of a county water supply system. Title to property so acquired or condemned shall be taken in the name of the county.
N.M. Stat. § 59A-32-19 — NM Code / Chapter 59A / Article 32 / Section 59A-32-19
§ 59A-32-19. Discounts or reductions in premiums
Status: in_force

Nothing in Sections 59A-32-14 through 59A-32-18 NMSA 1978 shall prohibit an insurer offering private passenger motor vehicle insurance to New Mexico residents from providing a minimum twenty percent premium discount for bodily injury liability, property damage liability and collision coverages.
N.M. Stat. § 76-4-9.1 — NM Code / Chapter 76 / Article 4 / Section 76-4-9.1
§ 76-4-9.1. State preemption
Status: in_force

Except as otherwise authorized in the Pesticide Control Act, no city, county or other political subdivision of the state and no home rule municipality shall adopt or continue in effect any ordinance, rule, regulation or statute regarding the registration, labeling, distribution, sale, handling, use, application, transportation or disposal of pesticides.
N.M. Stat. § 10-16H-2 — NM Code / Chapter 10 / Article 16H / Section 10-16H-2
§ 10-16H-2. Definitions
Status: in_force

As used in the Public Employee Caregiver Leave Act:

A. “ eligible employee ” means, except as provided pursuant to Section 8 of this 2019 act, an individual who is an officer or employee of the state or of a public school and who, in accordance with the policies of the state agency or public school employing the officer or employee, is eligible to accrue sick leave;

B. “ family member ” means an individual who is the spouse or domestic partner of or is by blood, marriage or legal adoption a parent, grandparent, great-grandparent, child, grandchild, great-grandchild, brother, sister, niece, nephew, aunt or uncle, or is living in the household of an eligible employee;

C. “ sick leave ” means a leave of absence from employment for which a state agency or public school pays an eligible employee due to illness or injury or to receive care from a licensed or certified health professional. “Sick leave” does not include leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993, regardless of whether the employee uses sick leave during that leave; and

D. “ state ” or “ state agency ” means the state of New Mexico or any of its branches, agencies, departments, boards, instrumentalities or institutions.
N.M. Stat. § 7-29-1 — NM_STATUTES Code / Chapter 7 / Article 29 / Section 7-29-1
§ 7-29-1. Title
Status: in_force

Chapter 7, Article 29 NMSA 1978 may be cited as the “Oil and Gas Severance Tax Act”.
N.M. Stat. § 11-6-2 — NM Code / Chapter 11 / Article 6 / Section 11-6-2
§ 11-6-2. Legislative findings and statement of purpose
Status: in_force

A. The development of infrastructure needs of local communities, including but not limited to water, sewage treatment, power, transportation and communication, is a prerequisite to economic development in all areas of the state. Local communities cannot finance these infrastructure needs alone because of inadequate bonding capacity, lag time between development and the generation of revenue and the dependency of economic development on an adequate infrastructure.

B. The legislature finds and declares that, to aid local communities in providing adequate, safe and sanitary services, a community assistance program is needed, particularly for those communities faced with rapid growth or loss of their tax base. A council should be created to review proposals submitted by political subdivisions and to allocate funding from several sources, including severance tax bonds as approved and issued by the state board of finance, community development block grants from the federal government and such other sources of funding as the legislature may specify from time to time for financing needed projects for local community infrastructure development.

C. In order to maximize the utilization of various sources of funding, the legislature designates the local government division of the department of finance and administration as the central clearinghouse and administering and coordinating agency for state and federally funded programs for local community infrastructure development to provide for a common application and funding cycle, promote efficiency, prevent confusion and duplication and limit paperwork for communities seeking assistance.
N.M. Stat. § 5-3-12 — NM_STATUTES Code / Chapter 5 / Article 3 / Section 5-3-12
§ 5-3-12. Application of courthouse building laws
Status: in_force

The proceedings for calling, holding and canvassing the results of an election to determine whether such bonds are to be issued, the manner of issuance and the terms and provisions of such bonds, the sale thereof, the levy of taxes for the payment thereof, and the manner and time of payment thereof shall all be the same as is now or may hereafter be provided by law with respect to bonds issued for the purpose of building courthouses, and, in general, all of the provisions of law with respect to county courthouse bonds shall, so far as applicable, apply to the bonds herein authorized.
N.M. Stat. § 73-16-28 — NM Code / Chapter 73 / Article 16 / Section 73-16-28
§ 73-16-28. Surplus funds and annual reports
Status: in_force

A. Any surplus funds in the treasury of the district may be used for retiring bonds, reducing the rate of assessment or for accomplishing any other of the legitimate objects of the district.

B. At least once a year, or oftener if the court shall so order, the board shall make a report to the court of its proceedings and an accounting of receipts and disbursements to that date, which shall be filed with the clerk. Thereupon the court shall order the auditing of said accounts by competent public accountants, who shall file their reports thereon with the clerk, which audit shall be in lieu of and fulfill all purposes of any audit now required by law for any similar political subdivision of the state.
N.M. Stat. § 38-1-3 — NM Code / Chapter 38 / Article 1 / Section 38-1-3
§ 38-1-3. Common law is rule of practice and decision
Status: in_force

In all the courts in this state the common law as recognized in the United States of America, shall be the rule of practice and decision.
N.M. Stat. § 28-21-4 — NM_STATUTES Code / Chapter 28 / Article 21 / Section 28-21-4
§ 28-21-4. Fund created; administration
Status: in_force

The “office on African American affairs fund” is created in the state treasury. The fund shall consist of gifts, grants, donations and bequests. Money in the fund at the end of any fiscal year shall not revert. The fund shall be administered by the office, and disbursements from the fund shall be made on warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the director of the office or his authorized representative.
N.M. Stat. § 7-15A-13 — NM_STATUTES Code / Chapter 7 / Article 15A / Section 7-15A-13
§ 7-15A-13. Weight distance tax identification permit administrative fee
Status: in_force

A. A person that obtains a weight distance tax identification permit shall pay an administrative fee to the department for the reasonable and necessary expense that the department incurs for processing and issuing a weight distance tax identification permit. The fee shall be paid in addition to a weight distance tax, special fuel excise tax and other use fee imposed for the use of public highways of this state. The department shall determine the amount of the fee pursuant to regulation. The fee shall not exceed ten dollars ($10.00).

B. The department shall deposit to the weight distance tax identification permit administration fund all proceeds from administrative fees collected by the department pursuant to this section.