FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 21-21-16 — NM_STATUTES Code / Chapter 21 / Article 21 / Section 21-21-16
§ 21-21-16. Definitions
Status: in_force

As used in the Student Loan Guarantee Act:

A. “board” [“commission” [“department”]] means the board of educational finance [commission on higher education [higher education department]];

B. “eligible student” means a resident of New Mexico who has been accepted for enrollment or who is enrolled in a participating institution and who is otherwise eligible for a student loan guaranteed under the Student Loan Guarantee Act. A standard of academic performance higher than the minimum required for continuing enrollment in the participating institution shall not be required, and [but] the student must be meeting the minimum academic requirements of the participating institution at the time any loan is made;

C. “fiscal agent” means the chief financial officer of one of the state higher educational institutions designated by the board;

D. “loans” means loans made by the fiscal agent to residents of this state under Title IV, Part B, of the federal Higher Education Act of 1965, 1 as amended;

E. “participating institution” means any post-high school educational institution within or without the state, public or private including junior colleges and vocational schools, which qualifies as an eligible institution for the federal guaranteed-loan program under the federal Higher Education Act of 1965, 2 as amended, and which is approved by the board for the purposes of the Student Loan Guarantee Act; and

F. “resident” means a person who has established legal residency in New Mexico as defined by the board.
N.M. Stat. § 32A-27-4 — NM Code / Chapter 32A / Article 27 / Section 32A-27-4
§ 32A-27-4. Duty of director to establish appellate division; duty of appellate division
Status: in_force

A. The director shall establish an appellate division within the office. The appellate division shall be led by a chief appellate attorney.

B. The appellate division shall assist the director by providing representation before the court of appeals and the supreme court in appellate proceedings involving persons represented pursuant to the Family Representation and Advocacy Act.
N.M. Stat. § 19-3-1 — NM_STATUTES Code / Chapter 19 / Article 3 / Section 19-3-1
§ 19-3-1. Possessory rights of occupant; notice and record; abandonment
Status: in_force

Any person who has taken or may hereafter take possession of any lands being a part of the public domain of the United States, either for agriculture or stock-raising, may make out a notice setting forth that he has taken possession of such land, giving a description of the same according to legal subdivisions, if known, if not, then the best description possible, which said land shall not exceed three hundred and twenty acres, which said notice shall be dated and acknowledged as conveyances of real estate, and may then be recorded in the record of conveyances in the county where the property is situate, after which it shall be a notice to all persons of the contents thereof. And the person so making and recording the same shall have the right to the possession of said lands described therein, as against every other person except the United States, and those holding or deriving title from the United States, and may maintain an action of ejectment or forcible entry and detainer for the same: provided, that if such person shall not occupy said lands for the period of six months at any one time, he shall be deemed in law to have abandoned the same: and provided, further, that if such person shall fail to occupy said lands for one-half of the time in each year, counting from the date of recording said notice, he shall be deemed in law to have abandoned the same, but if he shall reenter upon the same before anyone else may take possession thereof, then he shall not be held to have abandoned the same.
N.M. Stat. § 14-9-8 — NM Code / Chapter 14 / Article 9 / Section 14-9-8
§ 14-9-8. Lost patent; recording certified copy; effect
Status: in_force

Any person or persons who have acquired and hold any real estate by purchase or otherwise, and have lost or are unable to procure the original patent issued by the United States for such real estate, and such patent never having been recorded in the office of the county clerk of the county wherein such real estate is situated, may procure a certified copy of such patent from the recorder of the general land office of the United States, and have the same recorded in the same manner as the original patent therefor might have been recorded. And the record of such certified copy of the patent issued for such lands shall have the same force and effect as if the original patent therefor had been recorded.
N.M. Stat. § 6-10-34 — NM Code / Chapter 6 / Article 10 / Section 6-10-34
§ 6-10-34. Withdrawal of time deposits subject to federal law or regulation
Status: in_force

Notwithstanding any other provision of law, no time deposit of public funds in a member of the federal reserve system, as that term is or may be defined by law or regulation of the board of governors of the federal reserve system, or in a bank or savings and loan association which is a member of the federal home loan bank or the federal savings and loan insurance corporation or in a credit union which is chartered or insured by the national credit union administration may be withdrawn before maturity, except under the conditions as the member bank or savings and loan association or credit union is authorized to repay the deposit before maturity under federal law or regulation, and no time deposit of public funds in a nonmember of the federal reserve system, federal home loan bank system or federal savings and loan insurance corporation, as the term “time deposit” is or may be defined by federal law or regulation of the federal deposit insurance corporation, shall be withdrawn before maturity, except under the conditions as a bank not a member of the federal reserve system, but insured by the federal deposit insurance corporation, is authorized to repay the deposit before maturity under federal law or regulation of the federal deposit insurance corporation.
N.M. Stat. § 5-13-12 — NM_STATUTES Code / Chapter 5 / Article 13 / Section 5-13-12
§ 5-13-12. Ordinance requirements
Status: in_force

The ordinance imposing a convention center fee or any ordinance amending the imposition of a convention center fee shall:

A. state:

(1) the rate of the convention center fee to be imposed;

(2) the times, place and method for the payment of the convention center fee proceeds to the local governmental entity;

(3) the accounts and other records to be maintained in connection with the convention center fee;

(4) a procedure for making refunds and resolving disputes relating to the convention center fee;

(5) the procedure for preservation and destruction of records and for their inspection and investigation;

(6) vendor audit requirements;

(7) applicable civil and criminal penalties; and

(8) a procedure of liens, distraint and sales to satisfy those liens; and

B. provide other rights, privileges, powers, immunities and other details relating to the collection of the convention center fee and the remittance of the proceeds thereof to the local governmental entity.
N.M. Stat. § 72-12-25 — NM Code / Chapter 72 / Article 12 / Section 72-12-25
§ 72-12-25. Declaration of basin; nonpotable deep aquifers
Status: in_force

A. An undeclared underground water basin having reasonably ascertainable boundaries that consists of an aquifer, the top of which aquifer is at a depth of two thousand five hundred feet or more below the ground surface at any location at which a well is drilled and which aquifer contains only nonpotable water, is subject to state engineer administration in accordance with Sections 72-12-25 through 72-12-28 NMSA 1978 .

B. If the state engineer declares the type of underground water basin described in Subsection A of this section, all appropriations of nonpotable water from that basin for:

(1) oil and gas exploration and production, prospecting, mining, road construction, agriculture, generation of electricity, use in an industrial process or geothermal use shall remain subject to Sections 72-12-25 through 72-12-28 NMSA 1978; and

(2) all other uses shall be subject to Sections 72-12-1 through 72-12-24 NMSA 1978 .

C. “ Nonpotable water ”, for the purpose of Sections 72-12-25 through 72-12-28 NMSA 1978 , means water containing not less than one thousand parts per million of dissolved solids.
N.M. Stat. § 7-2C-5 — NM Code / Chapter 7 / Article 2C / Section 7-2C-5
§ 7-2C-5. Department to aid in collection of debts through setoff
Status: in_force

Subject to the limitations contained in the Tax Refund Intercept Program Act, the department, upon request, shall render assistance in the collection of any debt owed to a claimant agency or any debt that a claimant agency is obligated by law to collect. This assistance shall be provided by withholding from any refund due to the debtor pursuant to the Income Tax Act 1 the amount of debt meeting the requirements of the Tax Refund Intercept Program Act and paying over to the claimant agency the amount withheld.
N.M. Stat. § 60-7B-5 — NM Code / Chapter 60 / Article 7B / Section 60-7B-5
§ 60-7B-5. Refusal to sell, serve or deliver alcoholic beverages to person unable to produce identity card
Status: in_force

A. A person licensed pursuant to the provisions of the Liquor Control Act or any employee, agent or lessee of that person may refuse to deliver, sell or serve alcoholic beverages to any person who is unable to produce an identity card as evidence that the person is twenty-one years of age or over.

B. An identity document is valid for the purposes of the Liquor Control Act even if it has expired.

C. Except for deliveries of alcoholic beverages pursuant to Section 4 of this 2021 act, it is unnecessary to ask for an identity document if the person clearly looks older than thirty-five years of age.
N.M. Stat. § 10-6-3 — NM Code / Chapter 10 / Article 6 / Section 10-6-3
§ 10-6-3. Permanent abandonment of office, what constitutes
Status: in_force

Any incumbent of any public office or employment of the state of New Mexico, or of any of its departments, agencies, counties, municipalities or political subdivisions whatsoever, who shall accept any public office or employment, whether within or without the state, other than service in the armed forces of the United States of America, for which a salary or compensation is authorized, or who shall accept private employment for compensation and who by reason of such other public office or employment or private employment shall fail for a period of thirty successive days or more to devote his time to the usual and normal extent during ordinary working hours to the performance of the duties of such public office and employment, shall be deemed to have resigned from and to have permanently abandoned his public office and employment.
N.M. Stat. § 61-5A-23 — NM Code / Chapter 61 / Article 5A / Section 61-5A-23
§ 61-5A-23. Reporting of settlements and judgments; professional review actions; immunity from civil damages
Status: in_force

A. All entities that make payments under a policy of insurance, self-insurance or otherwise in settlement or satisfaction of a judgment in a dental malpractice action or claim, all hospitals, all health care entities and all professional review bodies shall report to the board all payments relating to malpractice actions or claims arising in New Mexico and all appropriate professional review actions of licensees.

B. No hospitals, health care entities, insurance carriers or professional review bodies required to report under this section, which provide such information in good faith, shall be subject to suit for civil damages as a result thereof.

C. Any hospital, health care entity, insurance carrier or professional review body failing to comply with the reporting requirements established in this section shall be subject to a civil penalty not to exceed two thousand dollars ($2,000).
N.M. Stat. § 7-25-7 — NM Code / Chapter 7 / Article 25 / Section 7-25-7
§ 7-25-7. Exemption; resources tax
Status: in_force

Exempted from the resources tax is the taxable value of any natural resource that is processed in New Mexico and on whose taxable value the processors tax is paid.
N.M. Stat. § 1-6-11 — NM Code / Chapter 1 / Article 6 / Section 1-6-11
§ 1-6-11. Delivery of absentee ballots to absent voter precincts
Status: in_force

A. Beginning on the Thursday immediately preceding election day, the county clerk may deliver to the special deputy county clerk for delivery to the absent voter precinct board the absentee ballots received prior to the delivery day. The special deputy county clerk shall issue a receipt for all ballots delivered for the county clerk and shall observe the listing of the names on the official mailing envelopes in the signature rosters. The special deputy county clerk shall then obtain a receipt executed by the presiding judge and each election judge and shall return the receipt to the county clerk for filing. The receipts shall specify the number of envelopes received by the special deputy county clerk from the county clerk for the absent voter precinct and the number of envelopes received by the absent voter precinct board from the special deputy county clerk.

B. On election day, the county clerk shall deliver all absentee ballots not yet delivered to the absent voter precinct board but received prior to 7:00 p.m. on election day to the special deputy county clerks for delivery to the absent voter precinct boards. The special deputy county clerk shall issue a receipt for all ballots delivered for the county clerk and shall observe the listing of the names on the official mailing envelope in the signature rosters. The special deputy county clerk shall then obtain a receipt executed by the presiding judge and each election judge and shall return the receipt to the county clerk for filing. The receipts shall specify the number of envelopes received by the special deputy county clerk from the county clerk for each absent voter precinct and the number of envelopes received by the absent voter precinct board from the special deputy county clerk.

C. At 7:00 a.m. on the Thursday prior to election day or on the day the absent voter precinct board begins early processing of absentee ballots, the county clerk shall deliver the electronic voting machines used for absentee voting by mail to the absent voter precinct board. The machines shall not be used to vote on or count additional ballots for that election. A special deputy county clerk shall issue a receipt for each voting machine. Upon delivery of a voting machine, the special deputy shall:

(1) obtain a receipt executed by the presiding judge and each election judge specifying the serial number and the seal number of the machine;

(2) verify the public counter number on the machine; and

(3) return the receipt to the county clerk for filing.
N.M. Stat. § 61-3-16 — NM Code / Chapter 61 / Article 3 / Section 61-3-16
§ 61-3-16. Fees for licensure as a registered nurse
Status: in_force

Except as provided in Section 61-1-34 NMSA 1978 , an applicant for licensure as a registered nurse shall pay the following nonrefundable fees:

A. for licensure without examination, a fee not to exceed one hundred fifty dollars ($150);

B. for licensure by examination when the examination is the first for the applicant in this state, a fee not to exceed one hundred fifty dollars ($150);

C. for licensure by examination when the examination is other than the first examination, a fee not to exceed sixty dollars ($60.00); and

D. for initial licensure as a certified nurse practitioner, certified registered nurse anesthetist or clinical nurse specialist, a fee not to exceed one hundred dollars ($100). This fee shall be in addition to the fee paid for registered nurse licensure.
N.M. Stat. § 59A-22-39 — NM Code / Chapter 59A / Article 22 / Section 59A-22-39
§ 59A-22-39. Coverage for mammograms
Status: in_force

Each individual and group health insurance policy, health care plan and certificate of health insurance delivered or issued for delivery in this state shall provide coverage for low-dose screening mammograms for determining the presence of breast cancer. Such coverage shall make available one baseline mammogram to persons age thirty-five through thirty-nine, one mammogram biennially to persons age forty through forty-nine and one mammogram annually to persons age fifty and over. After July 1, 1992, coverage shall be available only for screening mammograms obtained on equipment designed specifically to perform low-dose mammography in imaging facilities that have met American college of radiology accreditation standards for mammography. The provisions of this section do not apply to excepted benefit plans as provided pursuant to the Short-Term Health Plan and Excepted Benefit Act, catastrophic plans as defined pursuant to 42 USCA Section 18022(e) or tax-favored plans as defined pursuant to 26 USC Section 223(c)(2) .
N.M. Stat. § 61-12B-6 — NM Code / Chapter 61 / Article 12B / Section 61-12B-6
§ 61-12B-6. Department; duties and powers
Status: in_force

A. The department, in consultation with the board, shall:

(1) evaluate the qualifications of applicants and review the required examination results of applicants. The department may recognize the entry level examination written by the national board for respiratory care or a successor board;

(2) promulgate rules in accordance with the State Rules Act to implement the provisions of the Respiratory Care Act;

(3) issue and renew licenses and temporary permits to qualified applicants who meet the requirements of the Respiratory Care Act; and

(4) administer, coordinate and enforce the provisions of the Respiratory Care Act and investigate persons engaging in practices that may violate the provisions of that act in accordance with the Uniform Licensing Act.

B. The department, in consultation with the board, may:

(1) conduct examinations of respiratory care practitioner applicants as required by rules of the department;

(2) reprimand, fine, deny, suspend or revoke a license or temporary permit to practice respiratory care as provided in the Respiratory Care Act in accordance with the provisions of the Uniform Licensing Act;

(3) for the purpose of investigating complaints against applicants and licensees, issue investigative subpoenas prior to the issuance of a notice of contemplated action as set forth in the Uniform Licensing Act;

(4) enforce and administer the provisions of the Impaired Health Care Provider Act and promulgate rules to implement the provisions of that act as it relates to respiratory care practitioners;

(5) promulgate rules, including disciplinary guidelines, relating to impaired practitioners;

(6) promulgate rules to allow the interstate transport of patients; and

(7) promulgate rules to determine and regulate the scope and qualifications for expanded practice for respiratory care practitioners.
N.M. Stat. § 24-22-5 — NM Code / Chapter 24 / Article 22 / Section 24-22-5
§ 24-22-5. Responsibilities of the children, youth and families department
Status: in_force

A. The children, youth and families department shall be deemed to have emergency custody of an infant who has been left at a safe haven site according to the provisions of the Safe Haven for Infants Act.

B. Upon receiving a report of an infant left at a safe haven site pursuant to the provisions of the Safe Haven for Infants Act, the children, youth and families department shall immediately conduct an investigation, pursuant to the provisions of the Abuse and Neglect Act. 1

C. When an infant is taken into custody by the children, youth and families department, the department shall make reasonable efforts to determine whether the infant is an Indian child. If the infant is an Indian child:

(1) the child's tribe shall be notified as required by Section 32A-1-14 NMSA 1978 and the federal Indian Child Welfare Act of 1978; 2 and

(2) pre-adoptive placement and adoptive placement of the Indian child shall be in accordance with the provisions of Section 32A-5-5 NMSA 1978 regarding Indian child placement preferences.

D. The children, youth and families department shall perform public outreach functions necessary to educate the public about the Safe Haven for Infants Act, including developing literature about that act and distributing it to safe haven sites.

E. An infant left at a safe haven site in accordance with the provisions of the Safe Haven for Infants Act shall presumptively be deemed eligible and enrolled for medicaid benefits and services.
N.M. Stat. § 9-5A-3 — NM_STATUTES Code / Chapter 9 / Article 5A / Section 9-5A-3
§ 9-5A-3. Department established
Status: in_force

A. There is created in the executive branch the “energy, minerals and natural resources department”. The department shall be a cabinet department and shall include but not be limited to the following organizational units:

(1) the administrative services division;

(2) the state parks division;

(3) the forestry division;

(4) the energy conservation and management division;

(5) the mining and minerals division; and

(6) the oil conservation division.

B. The state game commission is administratively attached to the department.
N.M. Stat. § 28-19-3 — NM_STATUTES Code / Chapter 28 / Article 19 / Section 28-19-3
§ 28-19-3. Duties of the commission
Status: in_force

The duties and powers of the commission shall include, but not be limited to, the following:

A. to develop a plan for the commemoration and celebration of the official legal holiday honoring Martin Luther King, Jr.;

B. to develop and submit to the governor and the legislature recommendations for specific commemorative activities to be undertaken by the state for the Martin Luther King, Jr. holiday;

C. to coordinate state plans and activities with federal plans and activities for the commemoration and celebration of Martin Luther King, Jr.'s birthday;

D. to develop, with other agencies of the state, an interpretive program that explores the historical, social, political and cultural themes associated with the life and works of Martin Luther King, Jr.;

E. to develop and acquire interpretive materials and publications on the significance of Martin Luther King, Jr.'s work and develop a commemorative program for state employees, school children and the general public;

F. to create a process to facilitate the implementation of the master plan project and other recommendations made by the commission;

G. to prepare and provide to the general public advice, assistance and information on the Martin Luther King, Jr. holiday activities recommended by the commission;

H. to submit other studies, reports and recommendations to the governor and the legislature as are necessary with respect to activities for the continued commemoration and celebration of Martin Luther King, Jr.; and

I. to accept endowments and bequests for the Martin Luther King, Jr. fund.
N.M. Stat. § 73-6-29 — NM Code / Chapter 73 / Article 6 / Section 73-6-29
§ 73-6-29. Commissioners; annual report
Status: in_force

On the first Tuesday of September of each year they shall file in the office of the clerk of the court having jurisdiction in the matter an itemized statement of all their receipts and disbursements and leave said report in such office for examination by parties interested at all times.