FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 61-12B-12 — NM Code / Chapter 61 / Article 12B / Section 61-12B-12
§ 61-12B-12. Denial, suspension, revocation and reinstatement of licenses
Status: in_force

A. The superintendent in consultation with the board and in accordance with the rules set forth by the department and the procedures set forth in the Uniform Licensing Act may take disciplinary action against a license or temporary permit held or applied for pursuant to the Respiratory Care Act for the following causes:

(1) fraud or deceit in the procurement of or attempt to procure a license or temporary permit;

(2) imposition of any disciplinary action for an act that would be grounds for disciplinary action by the department pursuant to the Respiratory Care Act or as set forth by rules of the department upon a person by an agency of another jurisdiction that regulates respiratory care;

(3) conviction of a crime that substantially relates to the qualifications, functions or duties of a respiratory care practitioner. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction;

(4) impersonating or acting as a proxy for an applicant in an examination given pursuant to provisions of the Respiratory Care Act;

(5) habitual or excessive use of intoxicants or drugs;

(6) gross negligence as defined by rules of the department in the practice of respiratory care;

(7) violating a provision of the Respiratory Care Act or a rule duly adopted pursuant to that act or aiding or abetting a person to violate a provision of or a rule adopted pursuant to that act;

(8) engaging in unprofessional conduct as defined by rules set forth by the department;

(9) committing a fraudulent, dishonest or corrupt act that is substantially related to the qualifications, functions or duties of a respiratory care practitioner;

(10) practicing respiratory care without a valid license or temporary permit;

(11) aiding or abetting the practice of respiratory care by a person who is not licensed or who has not been issued a temporary permit by the department;

(12) conviction of a felony. The record of conviction or a certified copy thereof shall be conclusive evidence of the conviction;

(13) violating a provision of the Controlled Substances Act;

(14) failing to furnish the department or its investigators or representatives with information requested by the department in the course of an official investigation;

(15) practicing beyond the scope of respiratory care as defined in the Respiratory Care Act or as set forth by rules of the department; or

(16) surrendering a license, certificate or permit to practice respiratory care in another jurisdiction while an investigation or disciplinary proceeding is pending for an act or conduct that would constitute grounds for disciplinary action under the Respiratory Care Act.

B. The department, in consultation with the board, may impose conditions on and promulgate rules relating to the reapplication or reinstatement of applicants, licensees or temporary permittees who have been subject to disciplinary action by the department.
N.M. Stat. § 46-4-8 — NM Code / Chapter 46 / Article 4 / Section 46-4-8
§ 46-4-8. Contractual character; duration of trust
Status: in_force

Upon the acceptance of the beneficial interest by the beneficiary as hereinabove authorized and provided, the same shall be and constitute a binding contract between the state of New Mexico, the beneficiary and the grantor or grantors, or the executor of the estate of the testator, for the acceptance of the beneficial interest in the trust property by the designated beneficiary and the application of the proceeds of the trust property and its operation for the purposes, and in accordance with the stipulations specified by the trustor or trustors. Such trusts shall have duration for the term of duration of the beneficiary, or such shorter length of time as shall be specified in the instrument or will creating said trust.
N.M. Stat. § 77-2-7 — NM Code / Chapter 77 / Article 2 / Section 77-2-7
§ 77-2-7. Additional powers of the board
Status: in_force

In addition to the powers transferred from the cattle and sheep sanitary boards, the board may:

A. exercise general regulatory supervision over the livestock industry of this state in order to protect the industry from theft and diseases and in order to protect the public from diseased or unwholesome meat or meat products;

B. appoint and fix the salary of an executive director who shall file an oath and be bonded in an amount fixed by the board. The director shall manage the affairs of the board under the direction of the board. He shall be chosen solely on qualifications and fitness for the office. He shall devote his entire time to the duties of the office;

C. employ clerical help, provide office space and purchase equipment, including vehicles;

D. employ livestock inspectors and brand inspectors and other personnel necessary to carry out the purposes of The Livestock Code. All livestock inspectors appointed by the board shall have the same powers as any other peace officer in the enforcement of that code;

E. appoint a state veterinarian and subordinate veterinarians as are necessary to carry out the duties of the board;

F. adopt and promulgate rules to control the importation and exportation of animals;

G. establish livestock inspection districts;

H. establish quarantine, provide its boundaries and give notice of the quarantine and do all other things necessary to effect the object of the quarantine and to protect the livestock industry of this state from disease and prevent the spread of disease;

I. adopt and promulgate rules for meat inspection, including the slaughter and disposition of the carcasses of livestock affected with diseases when the action appears necessary to prevent the spread of any contagion or infection among livestock;

J. adopt and promulgate rules governing the importation, manufacture, sale, distribution or use within the state of serums, vaccine and other biologicals intended for diagnostic or therapeutic uses with livestock and regulate the importation, manufacture or use of virulent blood or living virus of any diseases affecting livestock;

K. set fees or charges, not to exceed one hundred dollars ($100) per call, for any services rendered by the board or its employees that are deemed necessary by the board and for which no fee has been set by statute;

L. consider the views of the livestock industry in the administration of The Livestock Code;

M. adopt and promulgate rules to otherwise carry out the purposes of The Livestock Code;

N. hold hearings and subpoena witnesses for the purpose of investigating or enforcing The Livestock Code or rules established pursuant to that code; and

O. enter into joint powers agreements with Indian nations, tribes or pueblos to promote cooperation in carrying out the provisions of The Livestock Code.
N.M. Stat. § 57-17-11 — NM Code / Chapter 57 / Article 17 / Section 57-17-11
§ 57-17-11. Methods of sale of commodities; general
Status: in_force

A commodity in liquid form shall be sold only by liquid measure or by weight, and a commodity not in liquid form shall be sold only by weight, by measure of length or area or by count; provided, that the provisions of this section shall not apply to a commodity sold for immediate consumption on the premises of sale, to vegetables sold by the head or bunch, to cotton seed sold to cotton gins or to a commodity when in package or container form standardized by law. The board shall issue such regulations as are required to carry out the provisions of this section.
N.M. Stat. § 7-9E-2 — NM_STATUTES Code / Chapter 7 / Article 9E / Section 7-9E-2
§ 7-9E-2. Purpose of act
Status: in_force

It is the purpose of the Laboratory Partnership with Small Business Tax Credit Act to bring the technology and expertise of the national laboratories to small businesses in New Mexico to promote economic development in the state, with an emphasis on rural areas.
N.M. Stat. § 5-9-14 — NM Code / Chapter 5 / Article 9 / Section 5-9-14
§ 5-9-14. Tax increment method; base value for distribution
Status: in_force

If the tax increment method of financing enterprise zone projects is used, the base value shall be the value used in calculating the limit of general obligation indebtedness imposed by the constitution of New Mexico and the statutes of New Mexico.
N.M. Stat. § 22-13-3.5 — NM_STATUTES Code / Chapter 22 / Article 13 / Section 22-13-3.5
§ 22-13-3.5. Definitions
Status: in_force

As used in the Literacy For Children At Risk Act:

A. “child at risk” means a child who attends public school in New Mexico and whose reading, writing or math literacy level, as determined by his school district, falls in the forty-ninth percentile or lower; and

B. “department” means the state department of public education.
N.M. Stat. § 10-17-3 — NM_STATUTES Code / Chapter 10 / Article 17 / Section 10-17-3
§ 10-17-3. Publication of list of expenditures monthly
Status: in_force

On or before the tenth day of each month there may be published in a legal newspaper published in the county where such board or commission is situated, by the council, commission or trustees of every city, town or village in this state, and by every board of education in this state, a summary of expenditures made during the preceding calendar month, which shall include a list of the total expenditures during the month and the amount spent in connection with each budgetary item and a summary of all receipts; provided, however, that the publication herein mentioned shall be made only at the discretion of the council, commission or trustee of every city, town or village, and board of education in this state if they shall deem the said publication necessary in the public interest.
N.M. Stat. § 24-1C-9 — NM Code / Chapter 24 / Article 1C / Section 24-1C-9
§ 24-1C-9. Eligible entity; change in status
Status: in_force

If an eligible entity that has received a loan or contract for services for a capital project ceases to maintain its nonprofit status or ceases to deliver primary care services at the site of the capital project for twelve consecutive months, the authority may pursue the remedies provided in the loan agreement or contract for services or as provided by law.
N.M. Stat. § 24-9A-3 — NM_STATUTES Code / Chapter 24 / Article 9A / Section 24-9A-3
§ 24-9A-3. Fetus
Status: in_force

A. No fetus shall be involved as a subject in any clinical research activity unless the purpose of the activity is to meet the health needs of the particular fetus and the fetus will be placed at risk only to the minimum extent necessary to meet such needs or no significant risk to the fetus is imposed by the research activity.

B. An activity permitted under Subsection A of this section shall be conducted only if the mother is legally competent and has given her informed consent.
N.M. Stat. § 32A-3A-10 — NM Code / Chapter 32A / Article 3A / Section 32A-3A-10
§ 32A-3A-10. Voluntary placement; rights of parent
Status: in_force

The parent or guardian whose child is in voluntary placement shall have the following rights to:

A. have visitation with the child;

B. be informed of changes in the child's school or of changes in the child's placement by the department;

C. authorize decisions regarding medical and dental care and behavioral health services, including decisions that affect the daily care, support, safety and well-being of the child;

D. permit the department to consent to emergency services to ensure the safety and well-being of the child, including medical, dental or behavioral health treatment, if the department is unable to make immediate prior contact with the parent or guardian. The department shall notify the parent or guardian within two hours of making emergency decisions due to inability to make prior contact;

E. consent to all nonemergency and nonroutine medical care provided for the child;

F. make decisions regarding participation and attendance in cultural and religious events;

G. make decisions of substantial legal significance; and

H. serve as the educational decision maker unless the department determines that doing so would be contrary to the best interests of the child, in which case the foster parent or other substitute care provider will serve as the educational decision maker.
N.M. Stat. § 22-11-9 — NM_STATUTES Code / Chapter 22 / Article 11 / Section 22-11-9
§ 22-11-9. Actuary; fees
Status: in_force

A. The board shall employ the services of an actuary. The actuary shall prepare a table of actuarial equivalents for use of the board and the director in computing the value of advanced, deferred or optional payment of benefits pursuant to the Educational Retirement Act. The actuary shall also study the financial operations of the Educational Retirement Act and shall make written reports thereon to the board.

B. The board shall pay the actuary a reasonable fee for professional services.

C. Unless otherwise required by the governmental accounting standards board of the American institute of certified public accountants, an actuarial report shall be conducted at least once every three years.
N.M. Stat. § 29-3-3 — NM Code / Chapter 29 / Article 3 / Section 29-3-3
§ 29-3-3. New Mexico state police; cooperation; federal
Status: in_force

It shall be the duty of the New Mexico state police and it is hereby granted the power to cooperate with agencies of other states and of the United States having similar powers to develop and carry on a complete interstate, national and international system of criminal identification and investigation, and also to furnish upon request any information in their possession concerning any person charged with crime to any court, district attorney or police officer or any peace officer of this state, or of any other state or the United States.
N.M. Stat. § 3-50-3 — NM_STATUTES Code / Chapter 3 / Article 50 / Section 3-50-3
§ 3-50-3. Definitions
Status: in_force

As used in the Municipal Parking Law:

A. “city” means any municipality having a population of five thousand or more. “The city” means the particular city for which a particular authority is created;

B. “authority” or “parking authority” means any agent or agency of a city created pursuant to the Municipal Parking Law;

C. “governing body” means, in the case of a city, that body in which the legislative powers of the city are vested;

D. “bonds” means any obligation issued by a city pursuant to the Municipal Parking Law;

E. “obligee” includes any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority or city property used in connection with a parking facility or any assignee or assignees of such lessor's interest, or any part thereof, and the state or the United States or any agency of either, when a party to any contract with an authority or city by which aid or a loan is given or made to the city;

F. “project” means any acquisition, improvement, construction or undertaking of any kind authorized in the Municipal Parking Law;

G. “ordinance” means ordinance or resolution which may be passed, adopted or entered into by the governing body of a city;

H. “parking facilities” means any space on the streets or off the streets used for the purpose of parking motor vehicles, and includes buildings erected above or below the land when used for the purpose of increasing accommodations for parking motor vehicles;

I. “federal government” includes the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America; and

J. “real property” includes all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years.
N.M. Stat. § 6-15-11 — NM_STATUTES Code / Chapter 6 / Article 15 / Section 6-15-11
§ 6-15-11. Refunding bonds of county, municipality or school district; approval of issuance; purpose
Status: in_force

The governing body of any county, municipality or school district in this state may, with the approval of the department of finance and administration, issue bonds in such form as the governing body may determine, to be denominated refunding bonds, for the purpose of refunding any of the general obligation bonded indebtedness of the county, municipality or school district which has or will become due and payable or which has or will become payable at the option of the county, municipality or school district or by consent of the bondholders or by any lawful means.
N.M. Stat. § 3-51-36 — NM Code / Chapter 3 / Article 51 / Section 3-51-36
§ 3-51-36. Form and sale of bonds
Status: in_force

A. Bonds of a city issued hereunder, shall be authorized by its ordinance and may be issued in one or more series and shall bear the date or dates, mature at such time or times, not exceeding thirty years from the date of issue, bear interest at any coupon rate or rates, of not exceeding the maximum coupon rate permitted by the Public Securities Act, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium, as such ordinance, its trust indenture, or the bonds so issued may provide.

B. Any bonds issued under the authority of the Greater Municipality Parking Law may be sold at public or private sale at, above or below par in such manner and at a price which shall result in a net effective interest rate of not exceeding that permitted by the Public Securities Act, and from time to time as may be determined by the governing body to be most advantageous.

C. In case any of the officers of the city whose signatures appear on any bonds or coupons shall cease to be such officers before the delivery of such bonds, the signatures shall nevertheless be valid and sufficient for all purposes, the same as if such officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding any bonds issued pursuant to the Greater Municipality Parking Law shall be fully negotiable.

D. In any suit, action or proceedings involving the validity or enforceability of any bond of a city or the security therefor, any such bond reciting in substance that it has been issued by the city to aid in financing a parking facility project to provide additional facilities for parking motor vehicles shall be conclusively presumed to have been issued for a parking facility project of such character, and said project shall be conclusively deemed to have been planned, located and constructed in accordance with the purposes and provisions of the Greater Municipality Parking Law.
N.M. Stat. § 1-19A-17 — NM_STATUTES Code / Chapter 1 / Article 19A / Section 1-19A-17
§ 1-19A-17. Penalties
Status: in_force

A. In addition to other penalties that may be applicable, a person who violates a provision of the Voter Action Act is subject to a civil penalty of up to ten thousand dollars ($10,000) per violation. In addition to a fine, a certified candidate found in violation of that act may be required to return to the fund all amounts distributed to the candidate from the fund. If the state ethics commission makes a determination that a violation of that act has occurred, the state ethics commission shall impose a fine and, if the violation is willful or knowing, transmit the finding to the attorney general for criminal prosecution pursuant to Subsection B of this section. In determining whether a certified candidate is in violation of the expenditure limits of that act, the state ethics commission may consider as a mitigating factor any circumstances out of the candidate's control.

B. A person who willfully or knowingly violates the provisions of the Voter Action Act or knowingly makes a false statement in a report required by that act is guilty of a fourth degree felony and, if the person is a certified candidate, shall return to the fund all money distributed to that candidate.
N.M. Stat. § 2-7F-73 — NM_STATUTES Code / Chapter 2 / Article 7F / Section 2-7F-73
§ 2-7F-73. Representative district sixty-seven
Status: in_force

Representative district sixty-seven is composed of Colfax county precincts 10, 17, 18, 21 and 22; Curry county precincts 1, 3, 10 through 16, 21, 31, 32, 34, 40 and 43; Harding county; Quay county; San Miguel county precinct 15; and Union county.
N.M. Stat. § 27-2-12.17 — NM_STATUTES Code / Chapter 27 / Article 2 / Section 27-2-12.17
§ 27-2-12.17. Qualified state long-term care insurance partnership program; establishment; rulemaking
Status: in_force

A. Consistent with the federal act and subject to the appropriation and availability of federal and state funds, the secretary shall amend the state medicaid plan to establish a qualified state long-term care insurance partnership program pursuant to Section 1917(b) of the federal act. The program shall:

(1) provide incentives for an individual to obtain or maintain qualified insurance to cover the cost of long-term care; and

(2) provide a mechanism for an individual to qualify for medical assistance for institutional care or a medical assistance home- and community-based long-term care program on the basis of countable resources. Pursuant to the qualified state long-term care insurance partnership program:

(a) an individual who otherwise qualifies for medical assistance for institutional care or a medical assistance home- and community-based long-term care program shall qualify on the basis of countable resources when the individual is the beneficiary of a qualified insurance policy, insurance plan, certificate of insurance or rider; and

(b) for purposes of determining eligibility, the individual's total countable resources shall be reduced by an amount equal to the qualified insurance benefits that are made to or on behalf of the individual.

B. The secretary shall consult with the superintendent of insurance in the adoption and promulgation of rules regarding the implementation and operation of the qualified state long-term care partnership insurance program. These rules shall provide for reciprocity with respect to individuals who have purchased qualified insurance in another state participating in a qualified state long-term care insurance partnership program and shall provide that the amount of that individual's countable resources shall be disregarded with respect to that qualified insurance.

C. As used in this section:

(1) “ qualified insurance ” means an insurance policy, insurance plan, certificate of insurance or rider that the superintendent has certified as qualified long-term care partnership program insurance pursuant to Section 4 of this 2013 act; and

(2) “ rider ” means a long-term care coverage provision added to any type of insurance plan, insurance policy or certificate of insurance.
N.M. Stat. § 28-19-4 — NM_STATUTES Code / Chapter 28 / Article 19 / Section 28-19-4
§ 28-19-4. Commission report
Status: in_force

The commission shall make an initial report to the governor and the legislature of its findings, conclusions, proposals and recommendations for the observance of the Martin Luther King, Jr. holiday within ninety days of the effective date of this act. The commission shall submit an annual report of its activities to the legislature no later than December 1 of each year. The first annual report shall be submitted no later than December 1, 1989.
N.M. Stat. § 1-11-15 — NM_STATUTES Code / Chapter 1 / Article 11 / Section 1-11-15
§ 1-11-15. Signature rosters; checklist of registered voters; tally sheets; form
Status: in_force

Signature rosters, checklists of registered voters and tally sheets shall be in the form prescribed by the secretary of state.