FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 46-9A-4 — NM Code / Chapter 46 / Article 9A / Section 46-9A-4
§ 46-9A-4. Appropriation for expenditure or accumulation of an endowment fund; rules of construction
Status: in_force

A. Subject to the intent of a donor expressed in the gift instrument, an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes and duration for which the endowment fund is established. Unless stated otherwise in the gift instrument, the assets in an endowment fund are donor-restricted assets until appropriated for expenditure by the institution. In making a determination to appropriate or accumulate, the institution shall act in good faith, with the care that an ordinarily prudent person in a like position would exercise under similar circumstances, and shall consider, if relevant, the following factors:

(1) the duration and preservation of the endowment fund;

(2) the purposes of the institution and the endowment fund;

(3) general economic conditions;

(4) the possible effect of inflation or deflation;

(5) the expected total return from income and the appreciation of investments;

(6) other resources of the institution; and

(7) the investment policy of the institution.

B. To limit the authority to appropriate for expenditure or accumulate pursuant to Subsection A of this section, a gift instrument shall specifically state the limitation.

C. Terms in a gift instrument designating a gift as an endowment, or a direction or authorization in the gift instrument to use only “income”, “interest”, “dividends” or “rents, issues or profits”, or “to preserve the principal intact”, or words of similar import:

(1) create an endowment fund of permanent duration unless other language in the gift instrument limits the duration or purpose of the fund; and

(2) do not otherwise limit the authority to appropriate for expenditure or accumulate pursuant to Subsection A of this section.
N.M. Stat. § 19-8-25 — NM_STATUTES Code / Chapter 19 / Article 8 / Section 19-8-25
§ 19-8-25. Inspection of records; reports
Status: in_force

The commissioner or his representative shall have the right to inspect all records, books or accounts pertaining to the mining, extraction, transportation and returns of ores taken from such leased lands, and at the request of the commissioner the lessee shall furnish such reports, samples, logs, assays or cores within reasonable bounds as he may deem to be necessary to the proper administration of the lands under lease.
N.M. Stat. § 3-21-16 — NM_STATUTES Code / Chapter 3 / Article 21 / Section 3-21-16
§ 3-21-16. Purpose of act
Status: in_force

The purpose of the Special Zoning District Act is to promote the health, safety, morals and general welfare of persons residing in areas outside the boundary limits of incorporated municipalities.
N.M. Stat. § 21-22C-8 — NM Code / Chapter 21 / Article 22C / Section 21-22C-8
§ 21-22C-8. Fund created; method of payment
Status: in_force

The “allied health student loan for service fund” is created in the state treasury. All money appropriated for loans to allied health students pursuant to the provisions of the Allied Health Student Loan for Service Act shall be credited to the fund and all payments of principal and interest on loans made pursuant to that act received by the commission [department] shall be credited to the fund or shall be deposited with the commission’s [department’s] administrative agent. All payments for loans shall be made upon vouchers signed by the designated representative of the commission [department].
N.M. Stat. § 10-7B-6.1 — NM Code / Chapter 10 / Article 7B / Section 10-7B-6.1
§ 10-7B-6.1. Small employer health care coverage
Status: in_force

A. The director may enter into an agreement with a small employer to voluntarily purchase health care coverage offered pursuant to the Group Benefits Act for persons and dependents eligible through the small employer.

B. The director may enter into agreements with an association, cooperative or mutual alliance representing small employers to provide outreach and assistance for small employers to voluntarily purchase health care coverage offered pursuant to the Group Benefits Act for persons and dependents eligible through the small employer.

C. The director shall only permit voluntary purchase of health care coverage by small employers if the small employer has not offered health care coverage to persons and dependents eligible through a small employer for a period of at least twelve months prior to enrollment in the coverage offered pursuant to the Group Benefits Act; provided, however, that the waiting period in this subsection shall not apply to a person having nonprofit status that employs an average of fifty or fewer persons over a twelve-month period.

D. A separate account shall be maintained for small employers that voluntarily elect to purchase health care coverage offered pursuant to the Group Benefits Act to provide separate accounting, payment and private funding of health care coverage for small employers. The funds in the small employers account shall be maintained separately in actuarially sound condition as evidenced by an annual written certification of a qualified actuary, including verification that the premiums charged are actuarially sound in relation to the benefits provided. This certification shall be filed with the superintendent of insurance.
N.M. Stat. § 27-2-12.32 — NM Code / Chapter 27 / Article 2 / Section 27-2-12.32
§ 27-2-12.32. Biomarker testing coverage
Status: in_force

A. In accordance with federal law, the secretary shall adopt and promulgate rules that provide medical assistance coverage for enrollees to receive biomarker testing.

B. A medical assistance plan providing coverage pursuant to this section shall be for the purposes of diagnosis, treatment, appropriate management or ongoing monitoring of an enrollee's disease or condition when the test is supported by medical and scientific evidence, including:

(1) labeled indications for a United States food and drug administration-approved or -cleared test;

(2) indicated tests for a United States food and drug administration-approved drug;

(3) warnings and precautions on United States food and drug administration labels;

(4) federal centers for medicare and medicaid services national coverage determinations or medicare administrative contractor local coverage determinations; or

(5) nationally recognized clinical practice guidelines.

C. Medicaid contractors delivering services to enrollees shall provide biomarker testing at the same scope, duration and frequency as the medical assistance plan otherwise provides to enrollees.

D. A medical assistance plan providing coverage for biomarker testing pursuant to this section shall ensure that:

(1) coverage is provided in a manner that limits disruptions in care, including coverage for multiple biopsies or biospecimen samples; and

(2) a patient and a practitioner who prescribes biomarker testing have clear, readily accessible and convenient processes to request an appeal of a benefit denial by the insurer and that those processes are accessible on the medical assistance division of the department's website.

E. As used in this section:

(1) “ biomarker ” means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered. “Biomarker” includes gene mutations, characteristics of genes or protein expression;

(2) “ biomarker testing ” means analysis of a patient's tissue, blood or other biospecimen for the presence of a biomarker and includes single-analyte tests, multi-plex panel tests, protein expression and whole exome, whole genome and whole transcriptome sequencing; and

(3) “ nationally recognized clinical practice guidelines ” means evidence-based clinical practice guidelines that are:

(a) developed by independent organizations or medical professional societies using a transparent methodology and reporting structure and with a conflict-of-interest policy; and

(b) used to establish standards of care informed by a systematic review of evidence and an assessment of the benefits and risks of alternative care options and include recommendations intended to optimize patient care.
N.M. Stat. § 1-6-16.1 — NM_STATUTES Code / Chapter 1 / Article 6 / Section 1-6-16.1
§ 1-6-16.1. Absentee ballot; conduct of election; when not timely received; emergency procedure for voting and counting
Status: in_force

A. A voter who applies for a mailed ballot or who was sent a mailed ballot pursuant to Section 1-6-22.1 NMSA 1978 but whose voted ballot has not been received by the county clerk as of the date of the election may go to a voter convenience center and, after executing an affidavit stating that the person wishes to void any previous mailed ballot that was issued, shall be permitted to vote.

B. If the county clerk has real-time synchronization between the voter convenience centers and the qualification of ballots received by mail, the voter shall be issued a replacement ballot to be filled out and fed by the voter into the electronic vote tabulator. If the county clerk does not have real-time synchronization between the voter convenience centers and the qualification of ballots received by mail, the voter shall be issued a provisional paper ballot, which shall be counted if no challenge is interposed and once the county clerk has verified that no other ballot from the same voter has been processed in that election.
N.M. Stat. § 76-12-3 — NM Code / Chapter 76 / Article 12 / Section 76-12-3
§ 76-12-3. Definitions
Status: in_force

As used in this act, unless the context or subject matter requires otherwise:

A. the term, “agricultural products” shall include horticultural, viticultural, nut, dairy, livestock, poultry, bee and any other farm products;

B. the term “member” means in addition to those admitted to membership in an association without capital stock, holders of common stock in associations organized with capital stock;

C. the term “association” means any corporation organized under this act or any similar corporation organized under any general or special act of this or any other state as a cooperative association, for the mutual benefit of its members, as agricultural producers, in which the return on the stock or membership capital is limited to an amount not to exceed eight per centum (8%) per annum, and which during any fiscal year does not deal with nonmembers' products to an amount greater in value than members' products;

D. the term “person” shall include: individuals, partnerships, firms, corporations and associations;

E. associations organized hereunder shall be deemed nonprofit, inasmuch as they are not organized to make profit for themselves as such, nor for their members, as such, but only for their members as producers or users of products purchased.
N.M. Stat. § 66-12-21 — NM Code / Chapter 66 / Article 12 / Section 66-12-21
§ 66-12-21. Disposition of fines
Status: in_force

All money collected as fines for the violation of the provisions of the Boat Act, and regulations of the state park and recreation division [state parks division] made pursuant thereto, shall be paid for credit to the current school fund of the state.
N.M. Stat. § 53-19-21 — NM Code / Chapter 53 / Article 19 / Section 53-19-21
§ 53-19-21. Liability for contribution
Status: in_force

A. Except as provided in the articles of organization or an operating agreement, a member's written promise to the limited liability company to contribute cash or property or render services is not excused by reason of the member's death, disability or other inability to perform.

B. The articles of organization or an operating agreement may provide that the interest of a member who fails to make a payment of cash or transfer of property to the limited liability company or fails to render services required by a written promise is subject to specified consequences. Such consequences may take the form of a reduction of the defaulting member's interest in the limited liability company, subordination of the member's interest to that of nondefaulting members, a forced sale of the member's interest, forfeiture of the member's interest, the lending of money to the defaulting member by other members of the amount necessary to meet the defaulting member's commitment, a determination of the value of a defaulting member's interest by appraisal or by formula and redemption or sale of the interest at that value, or any other specified consequence. Unless otherwise provided by the articles of organization or an operating agreement, a member who does not perform a written promise to contribute cash or property or render service shall be obligated, at the option of the limited company, to contribute cash equal to the fair market value of that portion of the promised performance that has not been received by the limited liability company.

C. Unless otherwise provided in the articles of organization or an operating agreement, the obligation of a member to make a contribution may be compromised only with the unanimous consent of the members.
N.M. Stat. § 59A-41-11 — NM Code / Chapter 59A / Article 41 / Section 59A-41-11
§ 59A-41-11. “Insolvency” defined
Status: in_force

“Insolvency” exists as to:

A. any organization, when it is unable to meet its obligations as they mature; or

B. a stock insurer or other stock corporation, when its assets are in amount less than its liabilities, exclusive of paid-in capital stock; or

C. a mutual, reciprocal, or foreign Lloyds insurer, when its assets are in amount less than its liabilities exclusive of the minimum paid-in basic capital required under Section 83 of the Insurance Code for its authority to transact insurance; or

D. a domestic Lloyds insurer, nonprofit health care plan, prepaid dental care plan, motor club, or other corporation other than any referred to in Subparagraphs B or C, above, when its assets are in amount less than its liabilities, exclusive of surplus, guaranty fund or deposit required to be maintained under the Insurance Code for its authority to transact insurance in this state.
N.M. Stat. § 73-25-3 — NM Code / Chapter 73 / Article 25 / Section 73-25-3
§ 73-25-3. Definitions
Status: in_force

As used in the Regional Transit District Act:

A. “ board ” means the board of directors of a district;

B. “ bond ” means a revenue bond;

C. “ combination ” means two or more governmental units that exercise joint authority;

D. “ commission ” means the state transportation commission;

E. “ construct ” or “ construction ” means the planning, designing, engineering, acquisition, installation, construction or reconstruction of a regional transit system;

F. “ district ” means a regional transit district that is a political subdivision of the state created pursuant to the Regional Transit District Act;

G. “ governmental unit ” means the state, a county or a municipality of the state or an Indian nation, tribe or pueblo located within the boundaries of the state;

H. “ regional transit system ” means a property, improvement or system designed to be compatible with established state and local transportation plans that transports or conveys passengers within a region by means of a high-occupancy vehicle, including an automobile, truck, bus, van or railcar; and

I. “ revenues ” means tolls, fees, rates, charges, assessments, grants, contributions or other income and revenues received by the district.
N.M. Stat. § 22-22-1 — NM Code / Chapter 22 / Article 22 / Section 22-22-1
§ 22-22-1. Short title
Status: in_force

This act may be cited as the “Variable School Calendar Act”.
N.M. Stat. § 2-11-3 — NM Code / Chapter 2 / Article 11 / Section 2-11-3
§ 2-11-3. Registration statement to be filed; contents; modification to statement
Status: in_force

A. In the month of January prior to each regular session or before any service covered by the Lobbyist Regulation Act commences, any individual who is initially employed or retained as a lobbyist shall register with the secretary of state by paying an annual filing fee of fifty dollars ($50.00) for each of the lobbyist's employers and by filing a single registration statement under oath in an electronic format as prescribed by the secretary of state that states:

(1) the lobbyist's full name, permanent business address and business address while lobbying; and

(2) the name and address of each of the lobbyist's employers.

B. No registration fee shall be required of individuals receiving only reimbursement of personal expenses and no other compensation or salary for lobbying. Except as required by Subsection D of Section 2-11-6 NMSA 1978 , no expenditure report shall be required if the lobbyist anticipates making or incurring and makes or incurs no expenditures or political contributions under Section 2-11-6 NMSA 1978 . The lobbyist shall indicate in the lobbyist's registration statement whether those circumstances apply to the lobbyist.

C. Upon receipt of the online registration and payment, the secretary of state shall publish the registration information on the secretary of state's lobbying disclosure website.

D. For each employer listed in Paragraph (2) of Subsection A of this section, the lobbyist shall file the following information:

(1) a full disclosure of the sources of funds used for lobbying;

(2) an affirmation from each of the lobbyist's employers authorizing the lobbyist to lobby on the employer's behalf;

(3) a brief description of the matters in reference to which the service is to be rendered; and

(4) the name and address of the person, if other than the lobbyist or the lobbyist's employer, who will have custody of the accounts, bills, receipts, books, papers and documents required to be kept under the provisions of the Lobbyist Regulation Act.

E. For each succeeding year that an individual is employed or retained as a lobbyist by the same employer, and for whom all the information disclosed in the initial registration statement remains substantially the same, the lobbyist shall file a simple annual registration renewal in January and pay the fifty-dollar ($50.00) filing fee for each of the lobbyist's employers together with a short, abbreviated prescribed form for renewal.

F. Whenever there is a modification of the facts required to be set forth by this section or there is a termination of the lobbyist's employment as a lobbyist before the end of the calendar year, the lobbyist shall notify the secretary of state using the electronic registration system within one week of such occurrence and shall furnish full information concerning the modification or termination. If the lobbyist's employment terminates at the end of a calendar year, no separate termination need be reported.
N.M. Stat. § 21-1-27.7 — NM_STATUTES Code / Chapter 21 / Article 1 / Section 21-1-27.7
§ 21-1-27.7. Fund created
Status: in_force

A. There is created in the state treasury the “nurse educators fund”. The state treasurer shall deposit in the fund all amounts appropriated or credited to the fund. The fund shall be administered by the higher education department, which shall charge not more than a five percent administrative fee. Earnings from investment of the fund shall accrue to the credit of the fund. Any balance in the fund at the end of any fiscal year shall remain in the fund for appropriation by the legislature.

B. The purpose of the fund is to enable the attainment of bachelor of science, master of science, doctor of nursing practice and doctor of philosophy degrees in nursing programs by nursing educators employed by a public post-secondary educational institution and registered nurses seeking employment as nursing educators in a public post-secondary educational institution.

C. The higher education department shall develop rules for continuing employment or pay-back provisions for current and future nursing educators who use the fund.
N.M. Stat. § 19-8-1 — NM Code / Chapter 19 / Article 8 / Section 19-8-1
§ 19-8-1. Concealment of returns; defrauding state of royalty; penalty
Status: in_force

Any lessee of mineral lands under this chapter who shall conceal, or attempt to conceal any of such returns, or who shall in any manner defraud, or attempt to defraud, the state out of any such royalty shall be deemed guilty of a felony, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than three years, or both; and his lease shall be forfeited in the manner hereinbefore provided in this chapter.
N.M. Stat. § 59A-53-1 — NM Code / Chapter 59A / Article 53 / Section 59A-53-1
§ 59A-53-1. Short title
Status: in_force

Chapter 59A, Article 53 NMSA 1978 may be cited as the “Fire Protection Fund Law”.
N.M. Stat. § 21-22C-7 — NM Code / Chapter 21 / Article 22C / Section 21-22C-7
§ 21-22C-7. Contracts; legal assistance; enforcement
Status: in_force

The general form of the contract shall be prepared and approved by the attorney general and signed by the student and designated representative of the commission [department] on behalf of the state. The commission [department] is vested with full and complete authority and power to sue in its own name for any balance due the state from any student on any such contract.
N.M. Stat. § 73-1-19 — NM Code / Chapter 73 / Article 1 / Section 73-1-19
§ 73-1-19. Secretary; duties; board of directors; powers; expenses
Status: in_force

The secretary shall be the custodian of the records of the district and of its corporate seal, and shall assist the board in such particulars as it may direct in the performance of its duties. The secretary shall attest, under the corporate seal, all certified copies of the official records and files that may be required of him by this act, or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity.

The board of directors are hereby vested with full power and authority to do and perform every act and thing necessary to carry out, to all intents and purposes, the provisions of this act, purposes and objects for which the district is created, including the power to enter into contracts with, and engage all necessary agents and employees, and to fix their compensation and to require of any such employees bonds for the faithful performance of their duties, as to the directors may seem proper. The members of the board of directors shall receive no salary or other compensation, but shall be allowed their actual expenses incurred in performing their official duties, and not to exceed five ($5.00) dollars for each day's attendance at all regular or called meetings.
N.M. Stat. § 14-4A-4 — NM_STATUTES Code / Chapter 14 / Article 4A / Section 14-4A-4
§ 14-4A-4. Rules affecting small business
Status: in_force

A. Prior to the adoption of a proposed rule that may have an adverse effect on small business, an agency shall provide a copy of the proposed rule to the commission at the same time as persons who have requested advance notice of rulemaking.

B. Prior to the adoption of a proposed rule that the agency deems to have an adverse effect on small business, the agency shall consider regulatory methods that accomplish the objectives of the applicable law while minimizing the adverse effects on small business.
N.M. Stat. § 21-11-3 — NM_STATUTES Code / Chapter 21 / Article 11 / Section 21-11-3
§ 21-11-3. New diplomas for qualified graduates
Status: in_force

That the board of trustees of the New Mexico institute of mining and technology shall within six (6) months, after this act is in full force and effect, issue to all qualified graduates of said school of mines a diploma bearing such words or identifications of said institution as may be hereafter issued by said New Mexico institute of mining and technology.