FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 29-3A-4 — NM_STATUTES Code / Chapter 29 / Article 3A / Section 29-3A-4
§ 29-3A-4. Expungement of records upon release without conviction
Status: in_force

A. One year from the date of the final disposition in the case, a person released without conviction for a violation of a municipal ordinance, misdemeanor, felony, penalty assessments under the Criminal Code and the Motor Vehicle Code or violations and deferred sentences under the Motor Vehicle Code may petition the district court in the district in which the charges against the person originated for an order to expunge arrest records and public records related to that case.

B. A petitioner shall provide notice by first-class United States mail of the filed petition to the following parties, which parties shall be given thirty days in which to provide to the district court any objections to the petition:

(1) the district attorney for that district; and

(2) the department of public safety.

C. A single petition filed pursuant to Subsection A of this section may include a request to expunge multiple arrest records and public records that originated within the jurisdiction of a district. A petition shall be filed under seal or under pseudonym. Petitions brought pursuant to the Criminal Record Expungement Act and all records of proceedings thereunder shall be expunged upon the conclusion of proceedings. The petitioner shall attach to and file with the petition copies of the petitioner's record of arrest and prosecutions from the department of public safety dated no earlier than ninety days prior to the date the petition is filed.

D. A party that seeks to object to a petition on the basis of the contents of a petitioner's record of arrest and prosecutions from the federal bureau of investigation must provide a copy of that record to a petitioner at no charge at the time the party objects.

E. After a hearing on the petition, the court shall issue an order within thirty days of the hearing requiring that all arrest records and public records related to the case be expunged if it finds that no other charge or proceeding is pending against the petitioner and if the petitioner was released without a conviction, including:

(1) an acquittal or finding of not guilty;

(2) a nolle prosequi, a no bill or other dismissal;

(3) a referral to a preprosecution diversion program;

(4) an order of conditional discharge pursuant to Section 31-20-13 NMSA 1978; or

(5) the proceedings were otherwise discharged.

F. The court shall cause a copy of the order to be delivered to all relevant law enforcement agencies and courts. The order shall prohibit all relevant law enforcement agencies and courts from releasing copies of the records to any person, except upon order of the court.
N.M. Stat. § 53-19-36 — NM Code / Chapter 53 / Article 19 / Section 53-19-36
§ 53-19-36. Admission of members
Status: in_force

A. Subject to the provisions of Subsection B of this section, a person may become a member of a limited liability company:

(1) in the case of a person acquiring a membership interest directly from the limited liability company, upon compliance with the articles of organization or an operating agreement or, if neither the articles nor an operating agreement so provides, upon the written consent of all members; and

(2) in the case of an assignee of a member's interest, as provided in Subsection A of Section 33 of the Limited Liability Company Act.

B. The effective time of admission of a member is the later of:

(1) the date the limited liability company is formed; or

(2) the time provided in the articles of organization or an operating agreement or, if no such time is provided in the articles of organization or an operating agreement, then when the person's admission is reflected in the records of the limited liability company.
N.M. Stat. § 22-10A-39 — NM Code / Chapter 22 / Article 10A / Section 22-10A-39
§ 22-10A-39. Noncertified school personnel; salaries
Status: in_force

Notwithstanding the provisions of Section 50-4-22 NMSA 1978 , a local school district shall pay a minimum wage rate of six dollars ($6.00) per hour to all noncertified school personnel.
N.M. Stat. § 76-4-1 — NM Code / Chapter 76 / Article 4 / Section 76-4-1
§ 76-4-1. Title
Status: in_force

This act may be cited as the “Pesticide Control Act.”
N.M. Stat. § 22-8-5.1 — NM_STATUTES Code / Chapter 22 / Article 8 / Section 22-8-5.1
§ 22-8-5.1. Procurement, travel and gas cards
Status: in_force

A. The department shall promulgate rules governing the use of procurement, travel and gas cards by school districts and charter schools. At a minimum, the rules shall require local school boards and governing bodies to adopt policies for the use of procurement, travel or gas cards, including placing limits on the amount and types of purchases that may be made on such cards and procedures to monitor, control and report expenditures.

B. As used in this section:

(1) “ charter school ” means a school organized as a charter school pursuant to the provisions of the Charter Schools Act; and

(2) “ governing body ” means the governing structure of a charter school as set forth in the school's charter.
N.M. Stat. § 29-15-9 — NM Code / Chapter 29 / Article 15 / Section 29-15-9
§ 29-15-9. Cross-checking and matching
Status: in_force

A. The clearinghouse shall cross-check and attempt to match unidentified human remains with descriptions of missing persons. When the clearinghouse discovers a possible match between unidentified human remains and a missing person description, the clearinghouse shall notify the appropriate law enforcement agencies.

B. Law enforcement agencies that receive notice of a possible match shall make arrangements for positive identification. If a positive identification is made, the law enforcement agency shall complete and close the investigation with written notification to the clearinghouse.

C. Law enforcement agencies that receive notice of a possible match between human remains and a missing person description shall notify the office of the state medical investigator.
N.M. Stat. § 6-21-22 — NM Code / Chapter 6 / Article 21 / Section 6-21-22
§ 6-21-22. Corporate existence
Status: in_force

The authority and its corporate existence shall continue until terminated by law, provided that no such law shall take effect so long as the authority has bonds or other obligations outstanding, unless adequate provision has been made for the payment of such obligations. Upon termination of the existence of the authority, all its rights and properties in excess of its obligations shall pass to and be vested in the state.
N.M. Stat. § 19-7-50 — NM Code / Chapter 19 / Article 7 / Section 19-7-50
§ 19-7-50. Violation of lease or instrument covering state lands; notice; forfeiture for noncompliance with demand
Status: in_force

The violation of any of the terms, covenants or conditions of any lease or instrument in writing executed by the commissioner covering state lands, or the nonpayment by any lessee of such lands of rental when due, shall, at the option of the commissioner, work a forfeiture of any such lease or instrument in writing after thirty days' notice thereof to the lessee and the holders of any collateral assignments by registered mail, addressed to his or their last known post-office address of record in the state land office; provided, if within said thirty days the lessee or the holders of any collateral assignments shall comply with the demand made in any such notice, cancellation shall not be made.
N.M. Stat. § 35-3-9 — NM Code / Chapter 35 / Article 3 / Section 35-3-9
§ 35-3-9. Jurisdiction; contempt
Status: in_force

A magistrate has jurisdiction to punish for contempt only for disorderly behavior or breach of the peace tending to interrupt or disturb a judicial proceeding in progress before the magistrate or for disobedience of any lawful order or process of his court. No person shall be punished for contempt of the magistrate court until given an opportunity to be heard in his defense. Any person convicted under this section may appeal to the district court in the same manner as in other criminal actions in the magistrate court.
N.M. Stat. § 66-8-105 — NM Code / Chapter 66 / Article 8 / Section 66-8-105
§ 66-8-105. Implied Consent Act; short title
Status: in_force

Sections 66-8-105 through 66-8-112 NMSA 1978 may be cited as the “Implied Consent Act.”
N.M. Stat. § 30-15-5 — NM Code / Chapter 30 / Article 15 / Section 30-15-5
§ 30-15-5. Damaging caves or caverns unlawful
Status: in_force

It shall be unlawful for any person, without prior permission of the federal, state or private land owner, to willfully or knowingly break, break off, crack, carve upon, write or otherwise mark upon, or in any manner destroy, mutilate, injure, deface, remove, displace, mar or harm any natural material found in any cave or cavern, such as stalactites, stalagmites, helictites, anthodites, gypsum flowers or needles, flowstone, draperies, columns, tufa dams, clay or mud formations or concretions, or other similar crystalline mineral formations or otherwise; to kill, harm or in any manner or degree disturb any plant or animal life found therein; to otherwise disturb or alter the natural conditions of such cave or cavern through the disposal therein of any solid or liquid materials such as refuse, food, containers or fuel of any nature, whether or not malice is intended; to disturb, excavate, remove, displace, mar or harm any archaeological artifacts found within a cave or cavern including petroglyphs, projectile points, human remains, rock or wood carvings or otherwise, pottery, basketry or any handwoven articles of any nature, or any pieces, fragments or parts of any of the such articles; or to break, force, tamper with, remove or otherwise disturb a lock, gate, door or other structure or obstruction designed to prevent entrance to a cave or cavern, without the permission of the owner thereof, whether or not entrance is gained. For purposes of this section, “cave” means any natural geologically formed void or cavity beneath the surface of the earth, not including any mine, tunnel, aqueduct or other manmade excavation, which is large enough to permit a person to enter.
N.M. Stat. § 7-9-56.3 — NM Code / Chapter 7 / Article 9 / Section 7-9-56.3
§ 7-9-56.3. Deduction; gross receipts; trade-support company in a border zone
Status: in_force

A. The receipts of a trade-support company may be deducted from gross receipts if:

(1) the trade-support company first locates in New Mexico within twenty miles of a port of entry on New Mexico's border with Mexico on or after July 1, 2003 but before July 1, 2013 or on or after January 1, 2016 but before January 1, 2021;

(2) the receipts are received by the company within a five-year period beginning on the date the trade-support company locates in New Mexico and the receipts are derived from its business activities and operations at its border zone location; and

(3) the trade-support company employs at least two employees in New Mexico.

B. A taxpayer allowed a deduction pursuant to this section shall report the amount of the deduction separately in a manner required by the department.

C. The department shall compile an annual report on the deduction created pursuant to this section that shall include the number of taxpayers approved by the department to receive the deduction, the aggregate amount of deductions approved and any other information necessary to evaluate the effectiveness of the deduction. Beginning in 2016 and every four years thereafter that the deduction is in effect, the department shall compile and present the annual reports to the revenue stabilization and tax policy committee and the legislative finance committee with an analysis of the effectiveness and cost of the deduction.

D. As used in this section:

(1) “ dependent ” means “dependent” as defined in 26 U.S.C. 152(a) , as that section may be amended or renumbered;

(2) “ employee ” means an individual, other than an individual who:

(a) is a dependent of the employer;

(b) if the employer is an estate or trust, is a grantor, beneficiary or fiduciary of the estate or trust or is a dependent of a grantor, beneficiary or fiduciary of the estate or trust;

(c) if the employer is a corporation, is a dependent of an individual who owns, directly or indirectly, more than fifty percent in value of the outstanding stock of the corporation; or

(d) if the employer is an entity other than a corporation, estate or trust, is a dependent of an individual who owns, directly or indirectly, more than fifty percent of the capital and profits interests in the entity;

(3) “ port of entry ” means an international port of entry in New Mexico at which customs services are provided by United States customs and border protection; and

(4) “ trade-support company ” means a customs brokerage firm or a freight forwarder.
N.M. Stat. § 76-3-5 — NM Code / Chapter 76 / Article 3 / Section 76-3-5
§ 76-3-5. Foreclosure; deficiency judgment
Status: in_force

If said lien is not discharged and paid within sixty days from the date of its filing with the county clerk, the county board of horticultural commissioners shall in its official capacity and name institute suit in the district court for the foreclosure of said lien, and the procedure therefor shall be the same as is provided by law for the foreclosure of a materialman's or mechanic's lien on real estate, and if said property does not bring enough to satisfy said lien claim, a deficiency judgment shall be had against the defendant, upon which execution shall issue. The lien claim herein provided for shall take priority over any mortgage, attachment, other lien or other claim against the premises against which such lien is filed.
N.M. Stat. § 21-7-22 — NM_STATUTES Code / Chapter 21 / Article 7 / Section 21-7-22
§ 21-7-22. Restrictions on use of building and improvement bond proceeds
Status: in_force

None of the funds derived from the sale of said bonds, except so much thereof as shall be necessary to defray the cost of the issuance thereof and the accrued interest from the date thereof to the time of delivery, shall ever be used or expended by said board for any other purposes than those for which authority is herein given to issue the same, as set forth in Section 1 hereof.
N.M. Stat. § 4-13-2 — NM_STATUTES Code / Chapter 4 / Article 13 / Section 4-13-2
§ 4-13-2. County seat; buildings
Status: in_force

The county seat of the said county of Lea shall be established at the town of Lovington, in said county; and the board of county commissioners of said county, to be appointed as hereinafter provided, shall select and designate the plat of ground known as the public square in said town, being described on the recorded plat of said town of Lovington as block ten (10) thereof, as the place in said town upon which shall be built the courthouse and public buildings of the said county of Lea.
N.M. Stat. § 51-1-27 — NM Code / Chapter 51 / Article 1 / Section 51-1-27
§ 51-1-27. Records and papers
Status: in_force

Each employing unit shall keep accurate work records for periods of time and containing information prescribed by regulation. The records shall be open to inspection and subject to being copied by the secretary at any reasonable time and as often as necessary. The secretary may require from any employing unit any sworn or unsworn reports with respect to persons employed by it which are deemed necessary for effective administration of the Unemployment Compensation Law.
N.M. Stat. § 24-6B-9.2 — NM Code / Chapter 24 / Article 6B / Section 24-6B-9.2
§ 24-6B-9.2. Death record reviews
Status: in_force

Every hospital shall work jointly with the appropriate procurement organization to conduct death record reviews at least annually. The procurement organization shall compile the results of the death record reviews and provide a report to the department of health by September 1 of each year; provided that the report to the department shall not identify hospitals, donors or recipients.
N.M. Stat. § 35-14-5 — NM Code / Chapter 35 / Article 14 / Section 35-14-5
§ 35-14-5. Temporary incapacity or absence of a municipal judge
Status: in_force

Any registered voter of a municipality in which a municipal judge is incapacitated or absent may be appointed to the office of the municipal judge during his temporary incapacity or absence, and he shall hear and determine cases arising under municipal ordinances while sitting as municipal judge. The governing body may establish a procedure by ordinance for appointment.
N.M. Stat. § 10-11-54 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-54
§ 10-11-54. Municipal general member coverage plan 2; member contribution rate
Status: in_force

A member under municipal general member coverage plan 2 shall contribute nine and fifteen-hundredths percent of salary starting with the first full pay period in the calendar month in which municipal general member coverage plan 2 becomes applicable to the member, except that a member whose annual salary is greater than twenty-five thousand dollars ($25,000) shall contribute:

A. prior to July 1, 2022, ten and sixty-five hundredths percent of salary;

B. beginning July 1, 2022 and continuing through June 30, 2023, eleven and fifteen-hundredths percent of salary;

C. beginning July 1, 2023 and continuing through June 30, 2024, eleven and sixty-five hundredths percent of salary;

D. beginning July 1, 2024 and continuing through June 30, 2025, twelve and fifteen-hundredths percent of salary; and

E. beginning July 1, 2025 and thereafter, twelve and sixty-five hundredths percent of salary.
N.M. Stat. § 22-18B-1 — NM Code / Chapter 22 / Article 18B / Section 22-18B-1
§ 22-18B-1. Short title
Status: in_force

Sections 1 through 5 of this act may be cited as the “Qualified School Bonds Act”.
N.M. Stat. § 21-10-8 — NM_STATUTES Code / Chapter 21 / Article 10 / Section 21-10-8
§ 21-10-8. Organizational structure and operating policies
Status: in_force

The organizational structure, operating policies and program directors of the institutes shall be established by the presidents of New Mexico state university and the university of New Mexico, who shall jointly designate and coordinate program responsibility areas for each institute.
N.M. Stat. § 28-1-14 — NM Code / Chapter 28 / Article 1 / Section 28-1-14
§ 28-1-14. Posting of law and information
Status: in_force

Every person who is subject to the Human Rights Act, except an individual selling houses, shall keep posted in a conspicuous place on his premises notices prepared by the division which shall set forth excerpts of the Human Rights Act and other relevant information as determined by the secretary.
N.M. Stat. § 60-8A-10 — NM Code / Chapter 60 / Article 8A / Section 60-8A-10
§ 60-8A-10. Franchises; actions; defense
Status: in_force

In any action brought by a wholesaler against a supplier for termination, cancellation or failure to renew a franchise in violation of Sections 60-8A-7 through 60-8A-11 NMSA 1978 , it is a complete defense for the supplier to prove that the termination, cancellation or failure to renew was done in good faith and for good cause. It shall not be a defense to any action brought by a wholesaler against a supplier under the provisions of Sections 60-8A-7 through 60-8A-11 NMSA 1978 for the supplier to claim that the laws of another state control over those provisions or in any way make the cited provisions not applicable.
N.M. Stat. § 76-7-28 — NM Code / Chapter 76 / Article 7 / Section 76-7-28
§ 76-7-28. Unlawful actions
Status: in_force

After any weed is declared to be noxious by the board, it shall be unlawful to sell, give away or plant any noxious weed seed in this state or in that part of the state designated by the rules and regulations of the board. This section shall not apply to materials not sold as seed, in which noxious weed seed may incidentally be found.
N.M. Stat. § 29-7C-4.1 — NM_STATUTES Code / Chapter 29 / Article 7C / Section 29-7C-4.1
§ 29-7C-4.1. Public safety telecommunicator training
Status: in_force

The curriculum of each basic telecommunicator training class and in-service training each year for telecommunicators shall include:

A. crisis management and intervention;

B. dealing with individuals who are experiencing mental health issues;

C. methods of de-escalation;

D. peer-to-peer intervention;

E. stress management;

F. racial sensitivity; and

G. reality-based situational training.
N.M. Stat. § 62-19-2 — NM Code / Chapter 62 / Article 19 / Section 62-19-2
§ 62-19-2. Definitions
Status: in_force

As used in the Public Regulation Commission Act:

A. “ commission ” means the public regulation commission;

B. “ commissioner ” means a person appointed to the public regulation commission; and

C. “ person ” means an individual, corporation, firm, partnership, association, joint venture or similar legal entity.
N.M. Stat. § 10-7-16 — NM Code / Chapter 10 / Article 7 / Section 10-7-16
§ 10-7-16. Cafeteria plan; optional
Status: in_force

Notwithstanding any other benefit plan or group insurance plan offered to an eligible public employee, any agency may adopt a cafeteria plan, as defined in 26 U.S.C. 125 et seq. and regulations made thereunder, for the benefit of eligible public employees and their dependents.
N.M. Stat. § 1-13-14 — NM_STATUTES Code / Chapter 1 / Article 13 / Section 1-13-14
§ 1-13-14. Post-election duties; opening the ballot box
Status: in_force

Once the ballot box has been locked by the precinct board after its first count and tally, no person shall open the ballot box or remove its contents except by court order or as otherwise provided by the Election Code.
N.M. Stat. § 32A-1-18 — NM Code / Chapter 32A / Article 1 / Section 32A-1-18
§ 32A-1-18. Procedural matters
Status: in_force

A. When it appears from the facts during the course of any proceeding under the Children's Code that some finding or remedy other than or in addition to those indicated by the petition or motion are appropriate, the court may, either on motion by the children's court attorney or that of counsel for the child, amend the petition or motion and proceed to hear and determine the additional or other issues, findings or remedies as though originally properly sought.

B. Upon application of a party, the court shall issue, and upon its own motion the court may issue, subpoenas requiring attendance and testimony of witnesses and the production of records, documents or other tangible objects at any hearing.

C. Subject to the laws relating to the procedures therefor and the limitations thereon, the court may punish a person for contempt of court for disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders.

D. In any proceeding under the Children's Code, either on motion of a party or on the court's own motion, the court may make an order restraining the conduct of any party over whom the court has obtained jurisdiction if:

(1) the court finds that the person's conduct is or may be detrimental or harmful to the child and will tend to defeat the execution of any order of the court; and

(2) due notice of the motion and the grounds therefor and an opportunity to be heard thereon have been given to the person against whom the order is directed.

E. In any proceeding under the Children's Code, the court may allow a party or witness to the proceeding to participate by the use of electronic communications, consistent with the rights of all parties to the proceeding and pursuant to rules promulgated by the supreme court.