FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 32A-2-6 — NM Code / Chapter 32A / Article 2 / Section 32A-2-6
§ 32A-2-6. Transfer of jurisdiction over child from other tribunals to court
Status: in_force

A. If it appears to a tribunal in a criminal matter that the defendant was under the age of eighteen years at the time the offense charged was alleged to have been committed and the offense charged is a delinquent act pursuant to the provisions of the Delinquency Act, the tribunal shall promptly transfer jurisdiction of the matter and the defendant to the court together with a copy of the accusatory pleading and other papers, documents and transcripts of testimony relating to the case. The tribunal shall not transfer a serious youthful offender.

B. Upon transfer the court shall have exclusive jurisdiction over the proceedings and the defendant. The transferring tribunal shall order that the defendant promptly be taken to the court, or taken to a place of detention designated by the court, or released to the custody of a parent, guardian, custodian or other person legally responsible for the defendant to be brought before the court at a time designated by the court. Upon transfer to the court a petition shall be prepared and filed in the court in accordance with the provisions of the Delinquency Act. If the defendant is not a child at the time of transfer the court retains jurisdiction over the matter only until disposition is made by the court.
N.M. Stat. § 61-14D-9 — NM Code / Chapter 61 / Article 14D / Section 61-14D-9
§ 61-14D-9. Board powers and duties
Status: in_force

The board:

A. shall select and provide for the administration of examinations for licensure no less often than semiannually;

B. shall establish the passing scores for the New Mexico laws and regulation examinations;

C. shall determine eligibility of individuals for licensure;

D. shall set fees for administrative services and licenses as authorized by the Athletic Trainer Practice Act, and authorize all disbursements necessary to carry out the provisions of that act;

E. shall review license applications and recommend approval or disapproval;

F. may adopt and file, in accordance with the State Rules Act, rules and regulations necessary to carry out the provisions of the Athletic Trainer Practice Act;

G. may take any disciplinary action allowed by and in accordance with the provisions of the Uniform Licensing Act;

H. may conduct hearings upon charges relating to the discipline of licensees, including the denial, suspension or revocation of a license;

I. may adopt a code of ethics; and

J. may require and establish criteria for continuing education.
N.M. Stat. § 59A-9-15 — NM Code / Chapter 59A / Article 9 / Section 59A-9-15
§ 59A-9-15. Policy loans
Status: in_force

A life insurer may lend to its policyholder or annuity contract holder, upon pledge of the policy or contract as collateral security, any sum not exceeding the cash surrender value of the policy or contract, or may lend against pledge or assignment of any of its supplementary contracts or other contracts or obligations, so long as the loan is adequately secured by such pledge or assignment.
N.M. Stat. § 1-2-19 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-19
§ 1-2-19. Oral assistance for language minority voters
Status: in_force

A. In those polling places designated by the secretary of state as being subject to the provisions of the 1975 amendments to the federal Voting Rights Act of 1965, 1 oral assistance shall be made available to assist language minority voters who cannot read sufficiently well to exercise the elective franchise. As used in the Election Code, “language minority” means a person who is an American Indian or of Spanish heritage and “inability to read well enough to exercise the elective franchise” means inability to read the languages in which the ballot is printed or the inability to understand instructions for operating the voting machine.

B. In those precincts where oral assistance is required, the position of election translator is created. The election translator shall be an additional member of the regular precinct board unless oral assistance to language minorities can otherwise be rendered by a member of the regular precinct board. The election translator shall be appointed by the county clerk in the same manner as other precinct board members are appointed, except that the county clerk in appointing American Indian election translators shall seek the advice of the pueblo or tribal officials residing in that county. The election translator shall take the oath required of precinct board members and shall meet the same qualifications as other precinct board members. In precincts where election translators are required, an election translator shall represent each political party as required by law for precinct boards.

C. Each county clerk shall compile and maintain a list of standby election translators to serve in those precincts on election day when the appointed election translator is unavailable for such service.

D. Each county clerk shall provide to the secretary of state no later than thirty days before any election a list of appointed election translators and a list of appointed standby election translators, together with the precinct numbers to which each election translator has been appointed.
N.M. Stat. § 59A-6-3 — NM Code / Chapter 59A / Article 6 / Section 59A-6-3
§ 59A-6-3. Insurer must pay tax on withdrawal from state
Status: in_force

Any insurer holding certificate of authority to transact insurance in New Mexico that ceases to do business in the state shall thereupon file with the secretary of taxation and revenue a report of its premiums collected to date of such cessation of business that are subject to the premium tax or the health insurance premium surtax and not theretofore reported, and forthwith pay to the secretary the tax thereon and surrender its certificate of authority to the superintendent. Upon receipt, the secretary shall submit a copy of the report to the superintendent and shall certify that all tax obligations have been satisfied by the withdrawing insurer.
N.M. Stat. § 52-1-8 — NM Code / Chapter 52 / Article 1 / Section 52-1-8
§ 52-1-8. Defenses to action by employee
Status: in_force

In an action to recover damages for a personal injury sustained by an employee while engaged in the line of his duty as such or for death resulting from personal injuries so sustained in which recovery is sought upon the ground of want of ordinary care of the employer, or of the officer, agent or servant of the employer, it shall not be a defense:

A. that the employee, either expressly or impliedly, assumed the risk of the hazard complained of as due to the employer's negligence;

B. that the injury or death was caused, in whole or in part, by the want of ordinary care of a fellow servant; and

C. that the injury or death was caused, in whole or in part by the want of ordinary care of the injured employee where such want of care was not willful.

Any employer who has complied with the provisions of the Workers' Compensation Act relating to insurance or any of the employees of the employer, including management and supervisory employees, shall not be subject to any other liability whatsoever for the death of or personal injury to any employee, except as provided in the Workers' Compensation Act, and all causes of action, actions at law, suits in equity, and proceedings whatever, and all statutory and common-law rights and remedies for and on account of such death of, or personal injury to, any such employee and accruing to any and all persons whomsoever, are hereby abolished except as provided in the Workers' Compensation Act.
N.M. Stat. § 26-2B-8 — NM Code / Chapter 26 / Article 2B / Section 26-2B-8
§ 26-2B-8. THC content; no limitation
Status: in_force

The department shall not limit the amount of THC concentration in a cannabis product; provided that the department may by rule adopt requirements for apportionment and packaging of cannabis products.
N.M. Stat. § 22-8-36 — NM Code / Chapter 22 / Article 8 / Section 22-8-36
§ 22-8-36. Certification of allocations; fund accounts
Status: in_force

The secretary 1 shall certify periodically to each county treasurer the allocations of funds to each school district in the county. The chief [secretary] shall certify to the county treasurer the names and purposes of the separate funds the county treasurer shall establish and maintain for each school district.
N.M. Stat. § 57-9-4 — NM Code / Chapter 57 / Article 9 / Section 57-9-4
§ 57-9-4. Inspection of record
Status: in_force

The record as provided in Section 3 of the Used Merchandise Act shall be open to inspection of law enforcement officers of the county, municipality and state at all times.
N.M. Stat. § 59A-50-11 — NM Code / Chapter 59A / Article 50 / Section 59A-50-11
§ 59A-50-11. Violation hearings
Status: in_force

A. If as a result of investigation or examination the superintendent has cause to believe that any person is violating any provision of this article, he shall send notice of the violation by certified mail to the person so believed to be in violation. The notice shall state the time and place for a hearing to be held on the alleged violation, within not less than thirty (30) days from the date of the notice.

B. The hearing shall be conducted and be subject to provisions relative to hearings of the superintendent in general under Article 4 of the Insurance Code.
N.M. Stat. § 40-17-6 — NM Code / Chapter 40 / Article 17 / Section 40-17-6
§ 40-17-6. Petition for temporary extreme risk firearm protection order; temporary orders; proceedings
Status: in_force

A. Upon the filing of a petition pursuant to the Extreme Risk Firearm Protection Order Act, the court may enter a temporary extreme risk firearm protection order if the court finds from specific facts shown by the petition that there is probable cause to believe that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm before notice can be served and a hearing held.

B. If the court finds probable cause pursuant to Subsection A of this section, the court shall issue a temporary extreme risk firearm protection order enjoining the respondent from having in the respondent's possession, custody or control a firearm and shall further enjoin the respondent from purchasing, receiving or attempting to purchase or receive a firearm while the order is in effect.

C. The court shall conduct a hearing within ten days of the issuance of a temporary extreme risk firearm protection order to determine if a one-year extreme risk firearm protection order should be issued pursuant to this section.

D. A temporary extreme risk firearm protection order shall include:

(1) a statement of the grounds supporting the issuance of the order;

(2) the date and time the order was issued;

(3) a statement that the order shall continue until the earlier of ten days or such time as a court considers the petition at a hearing, unless an extension is granted at the request of the respondent pursuant to Subsection E of this section;

(4) the address of the court that issued the order and in which any responsive pleading should be filed; and

(5) the date and time of the scheduled hearing, to be held within ten days of the issuance of the order.

E. The court may continue the hearing at the request of the respondent, but the hearing shall be set within thirty days of the respondent's request for continuance.

F. A temporary extreme risk firearm protection order shall be served by the petitioner along with supporting documents that formed the basis of the order, the notice of hearing and the petition for a one-year extreme risk firearm protection order.

G. If the court declines to issue a temporary extreme risk firearm protection order, the court shall enter an order that includes the reasons for the denial.
N.M. Stat. § 5-5-24 — NM_STATUTES Code / Chapter 5 / Article 5 / Section 5-5-24
§ 5-5-24. Pledging of occupation taxes
Status: in_force

Occupation taxes authorized by Section 3-38-3 NMSA 1978 may be pledged for the retirement of revenue bonds issued pursuant to the Joint City-County Building Law.
N.M. Stat. § 1-21-10 — NM Code / Chapter 1 / Article 21 / Section 1-21-10
§ 1-21-10. Delivery of presidential ballots to absent voter precincts
Status: in_force

The county clerk shall deliver presidential ballots to the absent voter precincts at the same time and in the same manner as that specified for absentee ballots in the Election Code except that all presidential ballots received by the county clerk not later than the time of closing of the polls shall be delivered to the absent voter precincts and processed the same as any other absentee ballot.
N.M. Stat. § 12-16-3 — NM_STATUTES Code / Chapter 12 / Article 16 / Section 12-16-3
§ 12-16-3. Intertribal Indian ceremonial association created; powers and duties; intertribal Indian ceremonial association board created
Status: in_force

A. The “intertribal Indian ceremonial association” is created. The association is administratively attached to the local government division of the department of finance and administration.

B. The county shall appoint a director, who shall serve at the pleasure of the county. The director shall hire and terminate other necessary employees, who shall be subject to the provisions of the Personnel Act.

C. The director shall:

(1) work with private, local, state and federal entities to establish steady funding for the intertribal Indian ceremonial;

(2) supervise the activities of the association;

(3) work with the county to promote the intertribal Indian ceremonial; and

(4) prepare an annual budget and an annual report on the activities of the association.

D. The association shall:

(1) administer an annual intertribal Indian ceremonial;

(2) cooperate with and assist public and private entities that seek to promote recognition of ceremonies significant to Indian nations, tribes and pueblos;

(3) function as the coordinating association for all services and activities pertaining to the intertribal Indian ceremonial;

(4) adopt rules in accordance with the State Rules Act to carry out the duties of the association;

(5) accept gifts, grants, donations, bequests and devises from any source to be used to carry out its duties;

(6) enter into contracts; and

(7) charge admission, parking and concessions fees, give prizes and premiums, create sponsorships and other forms of advertising, arrange entertainments and do all things the association may consider proper for the conduct of the intertribal Indian ceremonial and not otherwise prohibited by law.

E. The “intertribal Indian ceremonial association board” is created. The board shall consist of nine members, including the director, who shall serve ex officio, and eight members, appointed by the county, who shall serve terms of five years each. All intertribal Indian ceremonial association board members shall be bona fide residents of the county or surrounding counties, and at least a majority of the members shall be Native American. A board member shall not be removed during the term of office except for cause, following notice and an opportunity for a hearing.
N.M. Stat. § 10-12B-17 — NM Code / Chapter 10 / Article 12B / Section 10-12B-17
§ 10-12B-17. Suspension or forfeiture of benefits
Status: in_force

A. If a member retires and is subsequently employed by any employer covered by any state system or the educational retirement system, the retired member's pension shall be suspended effective the first day of the month following the month in which the subsequent employment begins. The suspended pension of a previously retired member shall resume and be effective the first day of the month following the month in which the member leaves office or terminates the subsequent employment.

B. The right to receive a pension pursuant to the provisions of the Judicial Retirement Act shall be forfeited if the member is removed from office pursuant to the provisions of Article 6, Section 32 of the constitution of New Mexico and the member's only entitlement from the fund shall be the refund of the member's own contributions.
N.M. Stat. § 42-3-15 — NM Code / Chapter 42 / Article 3 / Section 42-3-15
§ 42-3-15. Contingent authority of act
Status: in_force

The provisions of the Relocation Assistance Act are effective so long as the congress of the United States authorizes and appropriates money for the payments and services set forth in Section 211 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 1 for federal aid programs, that act providing for federal reimbursement of the payments and services arising out of relocation assistance as a part of the cost of construction of a project under any federal aid program.
N.M. Stat. § 22-8-4 — NM_STATUTES Code / Chapter 22 / Article 8 / Section 22-8-4
§ 22-8-4. Department; duties
Status: in_force

In addition to other duties provided by law, the department shall:

A. prescribe the forms for and supervise and control the preparation of all budgets of all public schools and school districts; and

B. compile accurate information concerning public school finance and administration.
N.M. Stat. § 58-23-1 — NM Code / Chapter 58 / Article 23 / Section 58-23-1
§ 58-23-1. Short title
Status: in_force

Chapter 58, Article 23 NMSA 1978 may be cited as the “Hospital Equipment Loan Act”.
N.M. Stat. § 24-1-44 — NM Code / Chapter 24 / Article 1 / Section 24-1-44
§ 24-1-44. School-based health centers; creation and operation
Status: in_force

A. The department shall provide funding, technical assistance, clinical oversight and other necessary support for the creation and operation of school-based health centers.

B. School-based health centers receiving funding from the department shall be regulated by the department to provide services pursuant to Subsection E of this section.

C. School-based health centers shall be established in schools, within the boundaries of school campuses or within safe walking distances from school campuses as determined by the school and the school-based health center operator, in communities based on:

(1) need for services;

(2) operator availability; and

(3) support from local educational authorities.

D. School-based health centers shall work in cooperation with schools and school districts and be operated by licensed health care providers, including hospitals, federally qualified health centers, the department's public health nurses and other qualified health care providers.

E. School-based health centers shall provide services through licensed providers, including:

(1) primary health care;

(2) preventive health care, including comprehensive health assessments and diagnosis;

(3) treatment of minor, acute and chronic conditions;

(4) mental health care;

(5) substance use disorder assessments, treatment and referral;

(6) crisis intervention; or

(7) referrals as necessary for additional treatment, including inpatient care, specialty care, emergency psychiatric care, oral health care and vision health care services.

F. The department shall adopt and promulgate rules for the regulation, operation and oversight of school-based health centers receiving funding from the department.

G. For purposes of this section:

(1) “ department ” means the department of health;

(2) “ mental health care ” means services related to emotional, psychological and social well-being;

(3) “ preventive health care ” means services that include screenings, checkups and patient counseling to stop or slow the progression of illness, diseases and other health problems; and

(4) “ primary health care ” means health care services that include providing preventive care, promoting wellness and treating common illnesses.
N.M. Stat. § 3-25-5 — NM_STATUTES Code / Chapter 3 / Article 25 / Section 3-25-5
§ 3-25-5. Gas or geothermal utility; eminent domain power; procedure
Status: in_force

Any municipality acquiring a natural gas or geothermal utility may exercise the power of eminent domain within or without the municipality boundary for the purpose of acquiring property or interest in property for the location of or for the extension of the facilities of a natural gas or geothermal utility. Proceedings to obtain such condemnation shall be in the manner provided by the Eminent Domain Code.
N.M. Stat. § 7-14-11 — NM_STATUTES Code / Chapter 7 / Article 14 / Section 7-14-11
§ 7-14-11. Administration by department; authority of department
Status: in_force

A. The department has the authority and duty to administer the Motor Vehicle Excise Tax Act and to impose, collect and enforce the motor vehicle excise tax.

B. The department has the authority to interpret the provisions of the Motor Vehicle Excise Tax Act and to promulgate regulations with respect to that act. The extent to which regulations will have retroactive effect shall be stated and, if no such statement is made, they will be applied prospectively only.
N.M. Stat. § 10-4-14 — NM Code / Chapter 10 / Article 4 / Section 10-4-14
§ 10-4-14. Judgment of removal; entry
Status: in_force

Upon a conviction the court must pronounce judgment that the defendant be removed from office; and the judgment must be entered upon the minutes assigning therein the causes of removal.
N.M. Stat. § 59A-41-54 — NM Code / Chapter 59A / Article 41 / Section 59A-41-54
§ 59A-41-54. Summary proceedings; seizure under court order
Status: in_force

A. Upon filing by the superintendent in the district court for Santa Fe county or the county in which the insurer has its principal office of his verified petition alleging any ground for a formal delinquency proceeding against an insurer under this article and that the interests of the insurer's policyholders or creditors or the public will be jeopardized by delay, and setting forth the order deemed necessary by the superintendent, the court shall, ex parte and without notice or hearing, issue the requested order. The requested order may:

(1) direct the superintendent to take possession and control of all or part of the property, books, accounts and records of the insurer and the premises occupied by it for transaction of its business in this state; and

(2) until further order of the court, enjoin the insurer and its officers, managers, agents and employees from removal, concealment or other disposition of its property, and from transaction of its business, except with the superintendent's written consent.

B. The court's order shall be for such duration, specified in the order, as the court deems necessary to enable the superintendent to ascertain the insurer's condition. On motion of any party or on its own motion, the court may hold such hearings as it deems desirable after such notice as it deems appropriate, and extend or shorten the duration or modify the terms of the order. The court shall vacate the seizure order if the superintendent fails to commence a formal proceeding under this article after reasonable opportunity to do so; and a seizure order is automatically terminated by issuance of the court's order pursuant to formal delinquency proceedings under this article.

C. Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.