FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 13-1C-3 — NM_STATUTES Code / Chapter 13 / Article 1C / Section 13-1C-3
§ 13-1C-3. Definitions
Status: in_force

As used in the State Use Act:

A. “ central nonprofit agency ” means a nonprofit agency approved pursuant to rules of the council to facilitate the equitable distribution of orders for the services of:

(1) qualified individuals; and

(2) community rehabilitation programs;

B. “ community rehabilitation program ” means a nonprofit entity:

(1) that is organized under the laws of the United States or this state, operated in the interest of persons with disabilities and operated so that no part of the income of which inures to the benefit of any shareholder or other person;

(2) that complies with applicable occupational health and safety standards as required by federal or state law; and

(3) that, in the provision of services, whether or not procured under the State Use Act, employs during the state fiscal year at least seventy-five percent persons with disabilities in direct labor for the provision of services;

C. “ council ” means the New Mexico council for purchasing from persons with disabilities;

D. “ direct labor ” means all work directly relating to the provision of services, but not work required for or relating to supervision, administration or inspection;

E. “ local public body ” means a political subdivision of the state and the political subdivision's agencies, instrumentalities and institutions;

F. “ persons with disabilities ” means persons who have a mental or physical impairment that constitutes or results in a substantial impediment to employment as defined by the federal Rehabilitation Act of 1973;

G. “ qualified individual ” means a person with a disability who is a business owner, or a business that is primarily owned and operated by persons with disabilities that employs at least seventy-five percent persons with disabilities in the provision of direct labor, which has been approved by the council to provide services to state agencies and local public bodies. A person who is receiving services pursuant to an individualized plan of employment from the vocational rehabilitation division of the public education department or from the commission for the blind shall be presumed to be a person with disability, as shall a person who is receiving supplemental security income or social security benefits based on disability;

H. “ state agency ” means a department, commission, council, board, committee, institution, legislative body, agency, government corporation, educational institution or official of the executive, legislative or judicial branch of government of this state; and

I. “ state purchasing agent ” means the director of the purchasing division of the general services department.
N.M. Stat. § 21-19A-11 — NM_STATUTES Code / Chapter 21 / Article 19A / Section 21-19A-11
§ 21-19A-11. Audit procedures
Status: in_force

A. All projects funded shall maintain a clear audit trail of all money appropriated for the apprenticeship system of adult vocational education. For each course that is funded, the audit trail in the division shall include the following records:

(1) the name of the sponsoring apprenticeship committee;

(2) the name of the instructor;

(3) the number of students enrolled;

(4) the place and schedule of class meetings;

(5) fiscal accountability as per division requests; and

(6) certification by the apprenticeship council or the bureau for preparatory and related instruction courses that the students enrolled are registered apprentices.

B. Funds appropriated for the apprenticeship system of adult vocational education shall not be commingled with funds appropriated for other purposes.

C. All records, receipts, working papers and other components of the audit trail shall be public records.
N.M. Stat. § 21-21I-1 — NM_STATUTES Code / Chapter 21 / Article 21I / Section 21-21I-1
§ 21-21I-1. Short title
Status: in_force

Chapter 21, Article 21I NMSA 1978 may be cited as the “Minority Doctoral Loan Repayment Assistance Act”.
N.M. Stat. § 61-23-8 — NM Code / Chapter 61 / Article 23 / Section 61-23-8
§ 61-23-8. Removal of members of board
Status: in_force

The governor may remove, after notice and hearing, any member of the board for misconduct, incompetency, neglect of duty, malfeasance in office or for any reason prescribed by law for removal of state officials.
N.M. Stat. § 74-7-2 — NM Code / Chapter 74 / Article 7 / Section 74-7-2
§ 74-7-2. Purpose of act
Status: in_force

The purpose of the Environmental Compliance Act is to foster a sensitivity to the environment, to improve industry's compliance with environmental regulations that seek to maintain the delicate ecological balance while still pursuing the industrial and technological development of New Mexico, to implement a systematic procedure to review compliance with environmental regulations and to improve the environmental regulatory process by enhancing communication between industry and regulatory agencies.
N.M. Stat. § 17-2-18 — NM_STATUTES Code / Chapter 17 / Article 2 / Section 17-2-18
§ 17-2-18. Menu as evidence of possession of game or fish
Status: in_force

The naming of game and fish upon any menu or bill of fare as food for patrons shall be prima facie evidence of the possession of the same by the proprietor of such hotel, restaurant, cafe or boardinghouse.
N.M. Stat. § 59A-60-6 — NM Code / Chapter 59A / Article 60 / Section 59A-60-6
§ 59A-60-6. Penalties; suspension or revocation of license
Status: in_force

A person who violates any provision of the Portable Electronics Insurance Act may, after notice and hearing, be subject to:

A. fines not to exceed one thousand dollars ($1,000) per violation and not to exceed a total of ten thousand dollars ($10,000); or

B. as the superintendent deems necessary:

(1) suspension of the privilege of transacting portable electronics insurance at specific locations where violations have occurred; or

(2) suspension or revocation of the ability of individual employees or authorized representatives of a vendor to act under the license.
N.M. Stat. § 9-19-7 — NM Code / Chapter 9 / Article 19 / Section 9-19-7
§ 9-19-7. Organizational units of department; powers and duties specified by law; access to information
Status: in_force

A. The organizational units of the department and the officers of those units specified by law shall have all the powers and duties enumerated in the specific laws involved. However, the carrying out of those powers and duties shall be subject to the direction and supervision of the secretary, who shall retain the final decision-making authority and responsibility for the administration of any such laws as provided in Subsection B of Section 9-19-6 NMSA 1978 . The department shall have access to all records, data and information of other state departments, agencies and institutions, including its own organizational units, not specifically held confidential by law.

B. The New Mexico state police division shall consist of the commissioned officers and civilian personnel of the New Mexico state police and such other personnel as may be assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The New Mexico state police division shall also include:

(1) the special investigations unit, which shall consist of the enforcement personnel of the former special investigations division and civilian personnel as may be assigned by the secretary or by the governor pursuant to an executive order as authorized in the Department of Public Safety Act. The unit is responsible for the enforcement of the New Mexico Bingo and Raffle Act 1 and the Liquor Control Act; 2

(2) the training and recruiting bureau, which shall consist of the personnel of the New Mexico state police training division and all civilian personnel and functions of the department as the secretary may transfer to the bureau;

(3) the motor transportation police bureau, which shall consist of the enforcement and civilian personnel of the former motor transportation division. The bureau is responsible for enforcing the Motor Carrier Act, 3 the Motor Transportation Act, 4 the Motor Vehicle Code 5 and the Criminal Code; 6 and

(4) civilian employees of the former motor transportation division or the former special investigations division, who shall be subject to the provisions of the Personnel Act.

C. The New Mexico law enforcement academy shall consist of personnel of the New Mexico law enforcement academy and such other functions as the secretary may transfer to it.

D. The technical support division shall consist of functions such as crime laboratory and records.

E. The administrative services division shall consist of the administrative services as the secretary deems necessary.

F. The information technology division shall consist of such functions as computer and technology support as the secretary deems necessary.
N.M. Stat. § 4-62-2 — NM Code / Chapter 4 / Article 62 / Section 4-62-2
§ 4-62-2. Use of proceeds of bond issue
Status: in_force

It is unlawful to divert, use or expend any money received from the issuance of bonds for any purpose other than the purpose for which the bonds were issued.
N.M. Stat. § 1-21A-1 — NM_STATUTES Code / Chapter 1 / Article 21A / Section 1-21A-1
§ 1-21A-1. Short title
Status: in_force

Chapter 1, Article 21A NMSA 1978 may be cited as the “Native American Voting Rights Act”.
N.M. Stat. § 59A-23-29 — NM Code / Chapter 59A / Article 23 / Section 59A-23-29
§ 59A-23-29. Coordination of care
Status: in_force

At the request of an insured, an insurer may facilitate communication between mental health or substance use disorder services providers and the insured's designated primary care provider to ensure coordination of care to prevent any conflicts of care that could be harmful to the insured.
N.M. Stat. § 32A-28-26 — NM Code / Chapter 32A / Article 28 / Section 32A-28-26
§ 32A-28-26. Abuse or neglect predisposition studies; reports and examinations
Status: in_force

If the child is an Indian child, all predispositional studies and reports shall follow the requirements listed in Section 32A-4-21 NMSA 1978 and shall also document:

A. whether the placement preferences set forth in the Indian Family Protection Act or the placement preferences of the Indian child's tribe were followed;

B. whether the Indian child's case plan provides for maintaining the Indian child's cultural ties as well as the plan detailing how the department shall establish and maintain the Indian child's cultural connections, in conjunction with the Indian child's tribe and family;

C. whether active efforts were made by the department to prevent removal of the Indian child from the home prior to placement in substitute care and whether active efforts were made to attempt reunification of the Indian child with the natural parent;

D. whether active efforts were made by the department to place siblings in custody together, unless such joint placement would be contrary to the safety or well-being of any of the siblings in custody, and whether any siblings not jointly placed have been provided reasonable visitation or other ongoing interaction, unless visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings; and

E. whether the department has provided notification to the Indian child's tribe consistent with the requirements of the Indian Family Protection Act.
N.M. Stat. § 21-16-16 — NM Code / Chapter 21 / Article 16 / Section 21-16-16
§ 21-16-16. Alternate procedures permitted
Status: in_force

In addition to the election procedures provided in Chapter 21, Article 16 NMSA 1978 for an election for the approval or disapproval of a tax levy of not to exceed five mills for current operations and retirement of bonds of a technical and vocational institute, the election procedures set out in the Technical and Vocational Institute Act may be used for those purposes.
N.M. Stat. § 7-3-14 — NM Code / Chapter 7 / Article 3 / Section 7-3-14
§ 7-3-14. Composite returns
Status: in_force

A. A pass-through entity may file a composite income tax return on behalf of electing nonresident members reporting and paying income tax at the highest marginal rate provided in Section 7-2A-5 NMSA 1978 on the members' pro rata or distributive shares of income of the pass-through entity from doing business in, or deriving income from sources within, this state.

B. A nonresident member whose only source of income within a state is from one or more pass-through entities may elect to be included in a composite income tax return filed pursuant to this section.

C. A nonresident member that has been included in a composite income tax return may file an individual income tax return and shall receive credit for tax paid on the member's behalf by the pass-through entity.

D. As used in this section:

(1) “ pass-through entity ” means a corporation that for the applicable tax year is treated as an S corporation pursuant to Section 1362(a) of the Internal Revenue Code and any entity with one or more members that is not taxed as a corporation pursuant to Subchapter C of the Internal Revenue Code;

(2) “ member ” means a shareholder of an S corporation; a partner in a general partnership, a limited partnership or a limited liability partnership; a member of a limited liability company; or a beneficiary of a trust; and

(3) “ nonresident ” means an individual who is not a resident of or domiciled in the state, a business entity that does not have its commercial domicile in the state or a trust not organized in the state.
N.M. Stat. § 7-1-45 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-45
§ 7-1-45. Manner of sale or conversion to money
Status: in_force

All property levied upon, not consisting of money, shall be sold at public auction at one o'clock in the afternoon on the steps or in front of the courthouse of the county in which the property was located when levied upon or may be consigned to an auctioneer for sale. Payment may be accepted only in full and immediately after the acceptance of a bid for the property. Stocks, bonds, securities and similar property may be negotiated or surrendered for money in accordance with uniform regulations issued by the secretary, notwithstanding the above.
N.M. Stat. § 1-11-14 — NM_STATUTES Code / Chapter 1 / Article 11 / Section 1-11-14
§ 1-11-14. Tally sheets and statements of canvass; preparation
Status: in_force

Prior to election day, the secretary of state shall cause to be printed in the tally sheets and statements of canvass, in the proper places and under the proper designations, the names of all candidates appearing on the official ballot. The secretary shall approve a county's use of computer-based tally sheets upon recommendation of the voting system certification committee if the county submits the software program to be used for tallying to the secretary of state at least ninety days prior to the election and the voting system certification committee determines that the program is acceptable for the proposed use.
N.M. Stat. § 12-12-23 — NM_STATUTES Code / Chapter 12 / Article 12 / Section 12-12-23
§ 12-12-23. Hazardous materials emergency response administrator; created; duties
Status: in_force

The position of “hazardous materials emergency response administrator” is created within the homeland security and emergency management department. The state director shall assign the administrator's duties.
N.M. Stat. § 61-37-5 — NM Code / Chapter 61 / Article 37 / Section 61-37-5
§ 61-37-5. Manufacturer license requirements; application and renewal requirements; fees
Status: in_force

A. A person shall not manufacture tobacco products at any location in the state without first obtaining a manufacturer license issued by the division to that person for that location.

B. An application for a manufacturer license or manufacturer license renewal shall be submitted on a form prescribed by the division and shall include:

(1) the name, telephone number, mailing address and email address of the applicant and:

(a) if the applicant is a firm, partnership or association, the name and address of each of its members contributing ten percent or more of the total value of contributions made to the firm, partnership or association and each member entitled to ten percent or more of the profits earned by the firm, partnership or association; or

(b) if the applicant is a corporation, the name and address of its registered agent, the names and addresses of all officers and directors and those stockholders owning ten percent or more of the voting stock of the corporation;

(2) the address of the applicant's principal place of business and every location where the applicant manufactures tobacco products;

(3) documentation as required by the division affirming that the applicant will comply with applicable and proper tobacco products manufacturing practices as required pursuant to 21 USCA Section 387d(a) and will comply with any applicable health directives issued by the department of health pursuant to the Public Health Act;

(4) documentation as required by the division affirming that the applicant will submit the applicable ingredient listing to the federal secretary of health and human services as required pursuant to 21 USCA Section 387d(a)(1) ; and

(5) a nonrefundable application fee not to exceed seven hundred fifty dollars ($750) per location or a renewal fee not to exceed four hundred dollars ($400) per location.
N.M. Stat. § 27-2C-3 — NM Code / Chapter 27 / Article 2C / Section 27-2C-3
§ 27-2C-3. Medicaid formulary for prescription drugs
Status: in_force

A. The department shall develop or implement a formulary or preferred drug list, taking into consideration the clinical efficacy, safety and cost effectiveness of a product.

B. The department shall ensure that the administration or delivery of health care services and products under the medicaid program includes a formulary that will provide medically appropriate drug therapies for patients.

C. The department shall require a prior authorization before a drug not listed on the medicaid program formulary may be dispensed unless otherwise provided pursuant to Subsection C of Section 27-2C-4 NMSA 1978 .

D. The department shall ensure that atypical antipsychotic medications are available in the same manner as conventional antipsychotic medications for medicaid patients for the treatment of severe mental illnesses that are listed in a current national diagnostic and statistical manual of mental disorders published by a national psychiatric association, including schizophrenia, clinical depression, bipolar disorder, anxiety-panic attack disorder and obsessive compulsive disorder.
N.M. Stat. § 9-6-2 — NM_STATUTES Code / Chapter 9 / Article 6 / Section 9-6-2
§ 9-6-2. Purpose
Status: in_force

The purpose of the Department of Finance and Administration Act is to make state government more efficient and responsive through consolidating, and eliminating the overlapping of, certain state government functions; and to establish a single, unified department to administer laws relating to finance of state government; and to perform other duties as provided by law.
N.M. Stat. § 19-10-46 — NM_STATUTES Code / Chapter 19 / Article 10 / Section 19-10-46
§ 19-10-46. Cooperative agreements; requisites for approval
Status: in_force

No such agreement shall be consented to or approved by the commissioner unless he finds that:

A. such agreement will tend to promote the conservation of oil or gas and the better utilization of reservoir energy;

B. under the operations proposed the state and each beneficiary of the lands involved will receive its fair share of the recoverable oil or gas in place under its lands in the area affected; and

C. the agreement is in other respects for the best interests of the state.
N.M. Stat. § 24-1F-5 — NM_STATUTES Code / Chapter 24 / Article 1F / Section 24-1F-5
§ 24-1F-5. Independent constituent service program; duties
Status: in_force

An independent “constituent services program” is created. The program shall review all fiscal matters and record and review all complaints and requests for services that come to its attention about public programs and services for persons living with the human immunodeficiency virus and acquired immune deficiency syndrome statewide. The program shall make an annual report to the department of health by November 1 of each year on its activities and recommendations.
N.M. Stat. § 7-1-58 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-58
§ 7-1-58. Permanence of tax debt; civil actions to collect tax
Status: in_force

The total amount of all taxes due and assessed is a personal debt of the taxpayer to the state of New Mexico until paid and may be collected by civil action to that end commenced subject to the limitations in Section 7-1-19 NMSA 1978 by the secretary or attorney general in district court or in federal courts. Final judgments for taxes may be enforced in appropriate courts of other states by the secretary or the attorney general pursuant to agreement between the other state and this state or by attorneys or other agents in that state retained by the department or the attorney general. This remedy is in addition to any other remedy provided by law.
N.M. Stat. § 19-1-17 — NM_STATUTES Code / Chapter 19 / Article 1 / Section 19-1-17
§ 19-1-17. Permanent, income and current funds; creating deposits
Status: in_force

A. The following funds are created.

B. To the credit of these funds, in the respective proportions to which they are by law entitled, all money derived from state lands shall be deposited by the commissioner with the state treasurer, as nearly as possible, on the first day of each calendar month. The commissioner shall keep an accurate record of all such deposits. The funds are:

(1) common school current fund;

(2) common school permanent fund;

(3) university income fund;

(4) university permanent fund;

(5) university saline income fund;

(6) New Mexico state university income fund;

(7) New Mexico state university permanent fund;

(8) western New Mexico university income fund;

(9) western New Mexico university permanent fund;

(10) New Mexico highlands university income fund;

(11) New Mexico highlands university permanent fund;

(12) northern New Mexico state school income fund;

(13) northern New Mexico state school permanent fund;

(14) eastern New Mexico university income fund;

(15) eastern New Mexico university permanent fund;

(16) New Mexico institute of mining and technology income fund;

(17) New Mexico institute of mining and technology permanent fund;

(18) New Mexico military institute income fund;

(19) New Mexico military institute permanent fund;

(20) New Mexico boys' school income fund;

(21) New Mexico boys' school permanent fund;

(22) miners' hospital income fund;

(23) miners' hospital permanent fund;

(24) New Mexico behavioral health institute at Las Vegas income fund;

(25) New Mexico behavioral health institute at Las Vegas permanent fund;

(26) penitentiary income fund;

(27) penitentiary permanent fund;

(28) state charitable, penal and reformatory institutions income fund;

(29) state charitable, penal and reformatory institutions permanent fund; to be equally distributed among the institutions as defined in Article 14, Section 1 of the constitution of New Mexico ;

(30) New Mexico school for the blind and visually impaired income fund;

(31) New Mexico school for the blind and visually impaired permanent fund;

(32) New Mexico school for the deaf income fund;

(33) New Mexico school for the deaf permanent fund;

(34) permanent reservoirs for irrigation purposes income fund;

(35) permanent reservoirs for irrigation purposes permanent fund;

(36) improvement of Rio Grande income fund;

(37) improvement of Rio Grande permanent fund;

(38) public buildings at capital income fund;

(39) public buildings at capital permanent fund;

(40) Santa Fe and Grant county railroad bond fund, to be applied as provided by Article 9, Section 4 of the constitution of New Mexico ; and

(41) state lands maintenance fund.