FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 59A-41-43 — NM Code / Chapter 59A / Article 41 / Section 59A-41-43
§ 59A-41-43. Fraudulent transfer after petition
Status: in_force

A. After a petition for rehabilitation or liquidation has been filed a transfer of any of the real property of the insurer made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value, or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred. The commencement of a proceeding in rehabilitation or liquidation shall be constructive notice upon the recording of a copy of the petition for or order of rehabilitation or liquidation with the recorder of deeds in the county where any real property in question is located. The exercise by a court of the United States or any state or jurisdiction to authorize or effect a judicial sale of real property of the insurer within any county in any state shall not be impaired by the pendency of such a proceeding unless the copy is recorded in the county prior to the consummation of the judicial sale.

B. After a petition for rehabilitation or liquidation has been filed and before either the receiver takes possession of the property of the insurer or an order of rehabilitation or liquidation is granted:

(1) a transfer of any of the property of the insurer, other than real property, made to a person acting in good faith shall be valid against the receiver if made for a present fair equivalent value, or, if not made for a present fair equivalent value, then to the extent of the present consideration actually paid therefor, for which amount the transferee shall have a lien on the property so transferred;

(2) a person indebted to the insurer or holding property of the insurer may, if acting in good faith, pay the indebtedness or deliver the property, or any part thereof, to the insurer or upon his order, with the same effect as if the petition were not pending;

(3) a person having actual knowledge of the pending rehabilitation or liquidation shall be deemed not to act in good faith; and

(4) a person asserting the validity of a transfer under this section shall have the burden of proof. Except as elsewhere provided in this section, no transfer by or on behalf of the insurer after the date of the petition for liquidation by any person other than the liquidator shall be valid against the liquidator.

C. Nothing in Chapter 59A, Article 41 NMSA 1978 shall impair the negotiability of currency or negotiable instruments.

D. Nothing in this section shall be constructed to give authority to any person to act on behalf of a receiver.
N.M. Stat. § 2-8F-4 — NM Code / Chapter 2 / Article 8F / Section 2-8F-4
§ 2-8F-4. Elections; vacancies
Status: in_force

A. Members of the senate shall be elected for terms of four years.

B. If a vacancy occurs in the office of senator for any reason, the vacancy shall be filled as follows:

(1) for a senate district that is situated wholly within the exterior boundaries of a single county, the board of county commissioners of that county shall appoint the senator to fill the vacancy; and

(2) for a senate district situated within two or more counties:

(a) the board of county commissioners of each county in the senate district shall submit one name to the governor; and

(b) the governor shall appoint the senator to fill the vacancy from the list of names so submitted.

C. All appointments to fill vacancies in the senate shall be for a term ending on December 31 subsequent to the next succeeding general election, at which general election a person shall be elected to fill the remainder of any unexpired term.

D. An appointment to fill a vacancy made before the general election of 2024 shall be made from the district as it was described in Section 2-8E-1 NMSA 1978 , as established by the court in Egolf v. Duran , D-101-CV-2011-02942 (1st Dist. Ct., Judgement and Final Order (State Senate Trial) filed January 25, 2012). On or after the general election of 2024, a vacancy shall be filled by appointment from the district as set out in the 2021 Senate Redistricting Act.
N.M. Stat. § 70-5-17 — NM Code / Chapter 70 / Article 5 / Section 70-5-17
§ 70-5-17. No formal notice required of hearing on application for license; appeal
Status: in_force

The same procedure, rights and penalties as specified in the LPG and CNG Act in the cases of revocation or suspension of licenses are available, where applicable, in cases where the bureau refused to grant a license, except that no formal notice of hearing on an application for license need be given an applicant, other than that he is given a reasonable opportunity to appear in support of his application before the bureau renders its order refusing him a license. Appeal shall be to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 3-21-7 — NM Code / Chapter 3 / Article 21 / Section 3-21-7
§ 3-21-7. Appointment of a zoning commission; duties; preliminary report and hearing
Status: in_force

The zoning authority, within its jurisdiction, may:

A. act as a zoning commission;

B. designate the planning commission to act as a zoning commission; or

C. appoint a zoning commission, which shall recommend the boundaries of the various original districts and the regulations necessary to enforce the zoning restrictions. The zoning commission shall make a preliminary report and hold a hearing on the preliminary report before the report is submitted to the zoning authority for action.
N.M. Stat. § 10-16-13.3 — NM Code / Chapter 10 / Article 16 / Section 10-16-13.3
§ 10-16-13.3. Prohibited contributions; financial service contractors
Status: in_force

A. A business that contracts with a state agency or local government agency to provide financial services involving the investment of public money or issuance of bonds for public projects shall not knowingly contribute anything of value to a public officer or employee of that state agency or local government agency who has authority over the investment of public money or issuance of bonds, the revenue of which is used for public projects in the state.

B. A public officer or employee of a state agency or local government agency that has authority over the investment of public money or issuance of bonds, the revenue of which is used for public projects in the state, shall not knowingly accept a contribution of anything of value from a business that contracts with that state agency or local government agency to provide financial services involving the investment of public money or issuance of bonds for public projects.

C. For the purposes of this section:

(1) “ anything of value ” means any money, property, service, loan or promise, but does not include food and refreshments with a value of less than one hundred dollars ($100) consumed in a day; and

(2) “ contribution ” means a donation or transfer to a recipient for the personal use of the recipient, without commensurate consideration.
N.M. Stat. § 63-2-13 — NM Code / Chapter 63 / Article 2 / Section 63-2-13
§ 63-2-13. Corporate power under former acts
Status: in_force

All the powers, privileges and exemptions conferred upon corporations organized under the preceding sections of this chapter are conferred upon all corporations incorporated under the laws of this state for the purpose of constructing railroads and also upon all corporations organized for railroad purposes that have registered in the office of the secretary of state the original, or a certified copy, of their articles of incorporation, in accordance with an act entitled, “An act to amend an act entitled an act to create a general incorporation law, permitting persons to associate themselves together as bodies corporate, for mining, manufacturing and other industrial pursuits, and to repeal the sixteenth section of said act, approved January 30th, 1868”.
N.M. Stat. § 12-3-14 — NM Code / Chapter 12 / Article 3 / Section 12-3-14
§ 12-3-14. Commission; funds
Status: in_force

There is created the “statuary hall commission” consisting of the governor as chairman and four other citizens of the state appointed by the governor. The commission shall raise not to exceed twenty thousand dollars ($20,000) by voluntary contributions and cause to be made a marble or bronze likeness of Dennis Chavez. When completed and accepted by the commission, the likeness shall be placed in national statuary hall.
N.M. Stat. § 59A-8-10 — NM Code / Chapter 59A / Article 8 / Section 59A-8-10
§ 59A-8-10. Unearned premium reserve, marine and transportation insurance
Status: in_force

As to marine and transportation insurance, the entire amount of premiums on trip risks not terminated shall be deemed unearned; and the superintendent may require the insurer to carry a reserve equal to one hundred percent of premiums on trip risks written during the month ended as of the date of statement.
N.M. Stat. § 19-7-47 — NM Code / Chapter 19 / Article 7 / Section 19-7-47
§ 19-7-47. Violation; penalty; civil liability
Status: in_force

Any person who shall be guilty of violating the preceding section, upon conviction before any justice of the peace [magistrate court] or district court having jurisdiction of the same shall be punished by a fine of not less than ten [dollars] ($10.00) nor more than twenty-five dollars ($25.00), and shall be liable in a civil action for all costs of clearing the title to said property including a reasonable attorney's fee.
N.M. Stat. § 7-15A-2 — NM Code / Chapter 7 / Article 15A / Section 7-15A-2
§ 7-15A-2. Definitions
Status: in_force

As used in the Weight Distance Tax Act:

A. “ bus ” means a motor vehicle designed and used for the transportation of a person and a motor vehicle, other than a taxicab, designed and used for the transportation of a person for compensation;

B. “ declared gross weight ” means the declared gross weight for purposes of the Motor Transportation Act; 1

C. “ department ” means the taxation and revenue department, the secretary of taxation and revenue or an employee of that department exercising authority lawfully delegated to that employee by the secretary;

D. “ gross vehicle weight ” means the weight of a vehicle without load, plus the weight of a load upon the vehicle;

E. “ motor vehicle ” means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from batteries or from overhead trolley wires, but not operated upon rails;

F. “ person ” means:

(1) an individual, estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate or other association; and

(2) to the extent permitted by law, a federal, state or other governmental unit or subdivision or an agency, department or instrumentality of the federal, state or other governmental unit;

G. “ registrant ” means a person who has registered the vehicle pursuant to the laws of this state or another state;

H. “ secretary ” means the secretary of taxation and revenue or the secretary's delegate;

I. “ tax ” means the weight distance tax imposed by the Weight Distance Tax Act;

J. “ vehicle ” means a device in, upon or by which a person or property is or may be transported or drawn upon a highway, including a frame, chassis or body of a vehicle or motor vehicle, except a device moved by human power or used exclusively upon stationary rails or tracks; and

K. “ weight distance tax identification permit ” means an administrative certificate that is issued by the department and that identifies a specific vehicle as subject to the tax imposed pursuant to the Weight Distance Tax Act.
N.M. Stat. § 22-8-1 — NM Code / Chapter 22 / Article 8 / Section 22-8-1
§ 22-8-1. Short title
Status: in_force

Chapter 22, Article 8 NMSA 1978 may be cited as the “Public School Finance Act”.
N.M. Stat. § 58-15-20.1 — NM Code / Chapter 58 / Article 15 / Section 58-15-20.1
§ 58-15-20.1. Installment loans; refund anticipation loans; insufficient funds; permitted charges
Status: in_force

A. If there are insufficient funds to pay a check or other type of debit on the date of presentment by the licensee, a check or debit authorization request shall not be presented to a financial institution by a licensee for payment more than one time per payment due unless the consumer agrees in writing, after a check or other type of debit has been dishonored, to one additional presentment or deposit.

B. A licensee shall not charge a consumer for fees, interest or charges of any kind other than those permitted pursuant to Sections 58-15-16 , 58-15-17 and 58-15-20 NMSA 1978 .
N.M. Stat. § 73-2-59 — NM Code / Chapter 73 / Article 2 / Section 73-2-59
§ 73-2-59. Appraisement; notice to landowners; contents; service; return
Status: in_force

Before proceeding to examine the land or lands over which the new ditch should be opened, the appraisers shall give the owner or owners of such land or lands, not less than three nor more than ten days' notice in writing of the time and place they will meet to examine and appraise said land or lands; such notice shall also contain a description as near as can be ascertained, of such proposed ditch, enlargement, extension or reconstruction, the point of entry and the direction thereof, upon said land or lands, and that at such time and place the said appraisers will hear and consider any evidence the owner or owners may desire to present as to the damages he or they will sustain by reason of his or their land or lands being so ditched. The notice herein provided for shall be served upon such owner or owners, and the returns made thereon by the constable of the precinct, or the sheriff of the county, in the same manner as service is made in civil cases, in justice of the peace courts [magistrate courts]; the notice and returns showing the manner in which the same was served shall be filed by the appraisers with the justice of the peace [magistrate] who appointed them, at the time they file their report.
N.M. Stat. § 61-12C-2.1 — NM Code / Chapter 61 / Article 12C / Section 61-12C-2.1
§ 61-12C-2.1. Scope of practice
Status: in_force

The practice of massage therapy consists of the assessment of the soft tissue structures of the body; the treatment and prevention of physical dysfunction and pain of soft tissue; and joint movement within normal physiologic range of motion to relieve pain or to develop, maintain, rehabilitate or augment physical function.
N.M. Stat. § 4-55D-4 — NM_STATUTES Code / Chapter 4 / Article 55D / Section 4-55D-4
§ 4-55D-4. Approval of special assessment
Status: in_force

A. Prior to entering into a special assessment agreement, a property owner shall submit a project application to the program administrator in a form consistent with the program guidebook. The application shall include:

(1) for an existing eligible property:

(a) where energy efficiency improvements, water conservation improvements or renewable energy improvements are proposed, certification by a licensed professional engineer or other professional listed in the program guidebook stating that the proposed eligible improvements will either result in more efficient use or conservation of energy or water, the reduction of greenhouse gas emissions or the addition of renewable sources of energy or water; or

(b) where resiliency improvements are proposed, certification by a licensed professional engineer or other professional listed in the program guidebook stating that the qualified improvements will result in improved resilience;

(2) for construction of a new eligible property, certification by a licensed professional engineer or other professional listed in the program guidebook stating that the proposed eligible improvements will enable the property to exceed the energy efficiency, water conservation, renewable energy, renewable water or resilience requirements of the applicable building code;

(3) certification that the property owner requesting the proposed eligible improvements is the owner of record of the property on which the special assessment will be imposed and that there are no delinquent taxes or assessments on the property;

(4) the name of the capital provider providing the special assessment financing and the proposed terms of the special assessment financing agreement, including:

(a) the special assessment financing amount;

(b) the interest rate;

(c) administrative fees paid to the county;

(d) a schedule of the installments of the special assessment;

(e) the number of years the special assessment shall be imposed on the property;

(f) delinquent interest or penalties; and

(g) the conditions by which the property owner may prepay and permanently satisfy the debt owed pursuant to the special assessment financing agreement and remove the special assessment lien from the property; and

(5) written consent from any holder of a lien, mortgage or security interest in the real property that the property may participate in the program and that the special assessment lien shall have priority superior to all liens, claims and titles except a lien for general ad valorem property taxes or an improvement district lien that is coequal to property taxes.

B. Prior to entering into a special assessment agreement, the county shall receive from the program administrator certification that the proposed eligible improvements, eligible property and property owner qualify for financing pursuant to the program.
N.M. Stat. § 18-6A-4 — NM_STATUTES Code / Chapter 18 / Article 6A / Section 18-6A-4
§ 18-6A-4. Administration; regulatory authority
Status: in_force

A. The officer shall administer the provisions of the Cultural Properties Protection Act and shall adopt rules, regulations and criteria for reviewing and awarding grants as necessary to carry out the provisions of that act.

B. Rules and regulations shall include:

(1) the method to be used to determine the eligibility of a state agency to receive grants from the fund;

(2) a procedure for application, approval and rejection of grant proposals;

(3) a requirement that an interpretation, restoration, preservation, stabilization or protection project be undertaken in accordance with specifications approved by the officer; and

(4) a requirement that a cultural property assisted by a grant be preserved and protected for a specified period of time, but in no case less than ten years.

C. Criteria for reviewing and awarding grants shall include the:

(1) degree of physical damage or deterioration of the cultural property;

(2) special status of the cultural property, including whether the property is listed on a national, state or local register of historic places; and

(3) suitability of the cultural property for interpretation.

D. At least annually, the officer, in consultation with the committee and with the approval of the officials having jurisdiction over cultural properties being considered, shall select:

(1) cultural properties to be restored, preserved, stabilized and protected; and

(2) programs for interpretation.

E. The officer may contract with state agencies, architectural and engineering firms, private nonprofit organizations or individuals for interpretation, restoration, preservation, stabilization and protection.
N.M. Stat. § 59A-54-11 — NM Code / Chapter 59A / Article 54 / Section 59A-54-11
§ 59A-54-11. Pool administrator; selection; duties
Status: in_force

A. The board shall select a pool administrator through a competitive bidding process. The board shall evaluate bids based on criteria established by the board, which shall include:

(1) proven ability to handle accident and health insurance;

(2) efficiency of claim paying procedures;

(3) an estimate of total charges for administering the plan; and

(4) ability to administer the pool in a cost-efficient manner.

B. The pool administrator shall serve for a period not to exceed that provided in Subsection B of Section 13-1-150 NMSA 1978 , subject to removal for cause. At least one year prior to the expiration of the pool administrator's contract, the board shall invite all interested parties, including the current administrator, to submit bids to serve as the pool administrator for the succeeding contract period. Selection of the administrator for a succeeding period shall be made at least six months prior to the expiration of the pool administrator's current contract.

C. The pool administrator shall:

(1) perform all eligibility and administrative claim payment functions relating to the pool;

(2) establish a premium billing procedure for collection of premiums from insured persons. Billings shall be made on a periodic basis, not less than monthly, as determined by the board;

(3) perform all necessary functions to assure timely payment of benefits to persons covered under the pool, including:

(a) making information available relating to the proper manner of submitting a claim for benefits to the pool and distributing forms upon which submission shall be made; and

(b) evaluating the eligibility of each claim for payment by the pool;

(4) submit regular reports to the board regarding the operation of the pool. The frequency, content and form of the report shall be as determined by the board; and

(5) following the close of each fiscal year, determine net written and earned premiums, the expense of administration and the paid and incurred losses for the year and report this information to the board and the superintendent on a form prescribed by the superintendent.

D. The administrator shall be paid as provided in the contract negotiated pursuant to the process for selection of the administrator established by the board.
N.M. Stat. § 5-5-19 — NM Code / Chapter 5 / Article 5 / Section 5-5-19
§ 5-5-19. Application of proceeds
Status: in_force

All moneys received from the issuance of any bonds herein authorized shall be used solely for the purpose (or purposes) for which issued, including without limiting the generality of the foregoing, the payment of preliminary expenses; provided, however, that any unexpended balance of such bond proceeds remaining after the completion of the acquisition of [or] improvement of the project or part thereof for which such bonds were issued shall be paid immediately into the fund created for the payment of the principal of said bonds and shall be used therefor. The validity of said bonds shall not be dependent on or affected by the validity or regularity of any proceedings relating to the acquisition or improvement of the project for which the bonds are issued; and the purchaser or purchasers of the bonds shall in no manner be responsible for the application of the proceeds of the bonds by the municipality or any of its officers, agents and employees.
N.M. Stat. § 7-9-41.1 — NM Code / Chapter 7 / Article 9 / Section 7-9-41.1
§ 7-9-41.1. Exemption; gross receipts tax and governmental gross receipts tax; athletic facility surcharge
Status: in_force

Exempted from the gross receipts tax and from the governmental gross receipts tax are the receipts of a university from an athletic facility surcharge imposed pursuant to the University Athletic Facility Funding Act.
N.M. Stat. § 22-25-5 — NM Code / Chapter 22 / Article 25 / Section 22-25-5
§ 22-25-5. Conduct of election; notice; ballot
Status: in_force

A. An election on the question of imposing a tax under the Public School Capital Improvements Act shall be conducted as prescribed in the Local Election Act.

B. The proclamation authorizing the ballot question or calling for a special election shall include as the question to be submitted to the voters whether a property tax at a rate not to exceed the rate specified in the authorizing resolution should be imposed for the specified number of property tax years not exceeding six years upon the net taxable value of all property allocated to the school district for the capital improvements specified in the authorizing resolution.

C. The ballot shall include the information specified in Subsection B of this section and shall present the voter the choice of voting “for the public school capital improvements tax” or “against the public school capital improvements tax”.