FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 35-3-7 — NM Code / Chapter 35 / Article 3 / Section 35-3-7
§ 35-3-7. Jurisdiction; disqualification of magistrate
Status: in_force

A. Whenever a party to any civil or criminal action or proceeding of any kind files a statement of disqualification, the magistrate's jurisdiction over the cause terminates immediately. The statement is effective only if filed no later than fifteen days after the date the answer is filed in a civil action or no later than fifteen days after the date the defendant is arraigned in a criminal action.

B. Upon receipt of a notice of disqualification, the magistrate or clerk of the magistrate court shall give written notice to the other parties to the action. Upon failure of counsel for all parties to file a stipulation within ten days of the filing of a statement of disqualification naming another magistrate judge in the district to try the cause, the presiding magistrate judge of the district shall as chosen by random selection designate another judge to try the cause. In the event all magistrates in the district are disqualified under the provisions of this section the disqualified magistrate shall, on the eleventh day thereafter, certify the fact by letter to the district court of the county in which the action is pending, and the district court shall designate another magistrate to conduct any further proceedings. The district court shall send notice of its designation to the parties or their counsel, to the disqualified magistrate and to the designated magistrate.

C. Any magistrate who willfully attempts or presumes to act as magistrate in an action after disqualification is guilty of a petty misdemeanor and shall be removed from office.
N.M. Stat. § 7-1-60 — NM_STATUTES Code / Chapter 7 / Article 1 / Section 7-1-60
§ 7-1-60. Estoppel against state
Status: in_force

In any proceeding pursuant to the provisions of the Tax Administration Act, the department shall be estopped from obtaining or withholding the relief requested if it is shown by the party adverse to the department that the party's action or inaction complained of was in accordance with any regulation effective during the time the asserted liability for tax arose or in accordance with any ruling addressed to the party personally and in writing by the secretary, unless the ruling had been rendered invalid or had been superseded by regulation or by another ruling similarly addressed at the time the asserted liability for tax arose.
N.M. Stat. § 57-1-12 — NM Code / Chapter 57 / Article 1 / Section 57-1-12
§ 57-1-12. Limitations of actions
Status: in_force

A. An action brought under the provisions of Section 57-1-7 or 57-1-8 NMSA 1978 is barred if it is not commenced within four years after the cause of action accrues or within four years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered, the facts relied upon for proof of the cause of action, whichever is later.

B. An action brought under the provisions of Section 57-1-3 NMSA 1978 to recover damages is barred if it is not commenced within four years after the cause of action accrues or within four years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered, the facts relied upon for proof of the cause of action, whichever is later. Provided, however, that a cause of action is not barred if it is commenced within one year after the conclusion of a timely action brought by the state under the provisions of Section 57-1-6 , 57-1-7 or 57-1-8 NMSA 1978 , based in whole or in part on any matter complained of in the action for damages, whichever is later.

C. For the purposes of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of the violation.
N.M. Stat. § 10-7-10 — NM_STATUTES Code / Chapter 10 / Article 7 / Section 10-7-10
§ 10-7-10. Accumulated sick leave; payment of certain excess amounts
Status: in_force

An employee of the state who has accumulated six hundred hours of unused sick leave shall be entitled to be paid for additional unused sick leave at a rate equal to fifty percent of his hourly wage multiplied by the number of hours of unused sick leave over six hundred hours, not to exceed one hundred twenty hours of such sick leave in any one fiscal year. Payment for sick leave as authorized by this section shall be paid only on either the payday immediately following the first full pay period in January or the first full pay period in July. An eligible employee shall notify his agency of his desired payment date and the number of unused sick leave hours he wishes to convert pursuant to this section before payment can be authorized.
N.M. Stat. § 2-8F-15 — NM Code / Chapter 2 / Article 8F / Section 2-8F-15
§ 2-8F-15. Senate district nine
Status: in_force

Senate district nine is composed of Bernalillo county precincts 2, 78, 79, 84, 89, 171 through 173, 179, 200, 232, 248, 624, 627 and 642; and Sandoval county precincts 1 through 6, 11 through 13, 29, 33, 35, 36, 38, 52 through 57, 59, 64, 74, 76, 87 through 90, 92 through 94, 98, 99, 102, 112 through 114, 119, 130 through 133, 140, 141, 153 and 154.
N.M. Stat. § 6-12A-12 — NM Code / Chapter 6 / Article 12A / Section 6-12A-12
§ 6-12A-12. Authority for issuance
Status: in_force

The Short-Term Cash Management Act, without reference to any other statute, shall be full authority for the issuance and sale of anticipation notes and shall have all the qualities of investment securities under the Uniform Commercial Code. 1
N.M. Stat. § 57-1-6 — NM Code / Chapter 57 / Article 1 / Section 57-1-6
§ 57-1-6. Criminal penalty
Status: in_force

A. Any person who violates Section 57-1-1 or 57-1-2 NMSA 1978 shall be guilty of a fourth-degree felony and, for conviction thereof, if a person other than an individual, it shall be punished by a fine not to exceed two hundred fifty thousand dollars ($250,000), or, if an individual, imprisonment in the penitentiary for a determinate term of not less than one year nor more than five years, or by the payment of a fine not to exceed fifty thousand dollars ($50,000), or both such imprisonment and fine in the discretion of the court. An indictment must be found or information or complaint must be filed within three years from the time of the violation.

B. No criminal action may be brought against any person for the same violation for which such person has been convicted in a criminal proceeding for violation of the federal antitrust laws.

C. For the purposes of this section, “individual” means a person other than a corporation, business trust, partnership, association or other governmental or legal entity.
N.M. Stat. § 72-14-29 — NM Code / Chapter 72 / Article 14 / Section 72-14-29
§ 72-14-29. Loans from New Mexico irrigation works construction fund
Status: in_force

The interstate stream commission is authorized to make loans, on such terms and for such length of time not exceeding fifty years as it shall deem proper, to irrigation and similar districts organized under the laws of the state, to acequia and community ditch associations and to municipalities and other political subdivisions of the state, out of any unpledged funds in the New Mexico irrigation works construction fund for any of the following purposes:

A. doing all engineering and design work necessary for a project;

B. construction of a project; or

C. rehabilitation of any existing project.
N.M. Stat. § 74-10-14 — NM Code / Chapter 74 / Article 10 / Section 74-10-14
§ 74-10-14. Election resolution
Status: in_force

The board shall call any election by resolution as prescribed in the Local Election Act. 1 The resolution shall recite the objects and purposes of the election and indicate the general or regular local election on which the ballot question shall appear or specify the date a special election will be held.
N.M. Stat. § 3-28-21 — NM_STATUTES Code / Chapter 3 / Article 28 / Section 3-28-21
§ 3-28-21. New Mexico public regulation commission jurisdiction
Status: in_force

Any association organized under the provisions of Chapter 3, Article 28 NMSA 1978 may elect by resolution adopted by its board of directors to become subject to the jurisdiction of the New Mexico public utility commission [public regulation commission] in matters of rates, security issues, jurisdictional area and industrial service and to all of the terms and provisions of the Public Utility Act, as amended. Provided, any association that so elects shall not be subject to any limits on its power of eminent domain as provided in Section 3-28-19 NMSA 1978 nor shall it be prohibited from providing gas service within an area described in any other gas utility's jurisdictional certificate as provided in Section 3-28-1 NMSA 1978 .
N.M. Stat. § 6-12-12 — NM_STATUTES Code / Chapter 6 / Article 12 / Section 6-12-12
§ 6-12-12. Irrepealable contract; irregularities and defects waived; tax exemption
Status: in_force

The provisions of this act shall constitute an irrepealable contract with the holders of any of the bonds and coupons issued pursuant to this act, for the faithful performance of which the full faith and credit of the state of New Mexico is hereby pledged. The bonds issued under this act and the coupons thereto attached shall have all the qualities of negotiable paper under the Uniform Commercial Code, 1 except that bonds, with attached coupons, issued prior to the passage of that code shall have the qualities of negotiable paper under the existing law at the time of issue. Bonds issued under this act and the attached coupons shall not be invalid for any irregularity or defect in the proceedings for the issue and sale thereof, and shall be incontestable in the hands of bona fide purchasers or holders thereof for value. All bonds issued under the provisions of this act shall be exempt from taxation.
N.M. Stat. § 46-14-2 — NM Code / Chapter 46 / Article 14 / Section 46-14-2
§ 46-14-2. Definitions
Status: in_force

As used in the Uniform Directed Trust Act:

A. “ breach of trust ” includes a violation by a trust director or trustee of a duty imposed on that director or trustee by the terms of the trust, by the Uniform Directed Trust Act or by another law of New Mexico pertaining to trusts;

B. “ directed trust ” means a trust for which the terms of the trust grant a power of direction;

C. “ directed trustee ” means a trustee that is subject to a trust director's power of direction;

D. “ person ” means an individual; estate; business or nonprofit entity; public corporation; government; governmental subdivision, agency or instrumentality; or other legal entity;

E. “ power of direction ”:

(1) means a power over a trust granted to a person by the terms of the trust to the extent the power is exercisable while the person is not serving as a trustee;

(2) includes a power over the investment, management or distribution of trust property or other matters of trust administration; and

(3) excludes the powers described in Subsection B of Section 5 of the Uniform Directed Trust Act;

F. “ settlor ” means a person, including a testator, that creates, or contributes property to, a trust. If more than one person creates or contributes property to a trust, each person is a settlor of the portion of the trust property attributable to that person's contribution except to the extent another person has the power to revoke or withdraw that portion;

G. “ state ” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any other territory or possession subject to the jurisdiction of the United States;

H. “ terms of a trust ” means:

(1) except as otherwise provided in Paragraph (2) of this subsection, the manifestation of the settlor's intent regarding a trust's provisions as:

(a) expressed in the trust instrument; or

(b) established by other evidence that would be admissible in a judicial proceeding; or

(2) the trust's provisions as established, determined or amended by:

(a) a trustee or trust director in accordance with applicable law;

(b) court order; or

(c) a nonjudicial settlement agreement under Section 46A-1-111 NMSA 1978;

I. “ trust director ” means a person that is granted a power of direction by the terms of a trust to the extent the power is exercisable while the person is not serving as a trustee. The person is a trust director whether or not the terms of the trust refer to the person as a trust director and whether or not the person is a beneficiary or settlor of the trust; and

J. “ trustee ” includes an original, additional and successor trustee and a co-trustee.
N.M. Stat. § 7-2A-31 — NM_STATUTES Code / Chapter 7 / Article 2A / Section 7-2A-31
§ 7-2A-31. Deduction; income from leasing a liquor license
Status: in_force

A. Prior to January 1, 2026, a taxpayer that is a liquor license lessor and that held the license on June 30, 2021 may claim a deduction from taxable income in an amount equal to the gross receipts from sales of alcoholic beverages made by each liquor license lessee in an amount, if the liquor license is a dispenser's license and sales of alcoholic beverages for consumption off premises are less than fifty percent of total alcoholic beverage sales, not to exceed fifty thousand dollars ($50,000) for each of four taxable years.

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

C. The department shall compile an annual report on the deduction provided by this section that shall include the number of taxpayers that claimed the deduction, the aggregate amount of deductions claimed and any other information necessary to evaluate the cost of the deduction. The department shall provide the report to the revenue stabilization and tax policy committee and the legislative finance committee with an analysis of the cost of the deduction.

D. As used in this section:

(1) “ alcoholic beverage ” means alcoholic beverage as defined in the Liquor Control Act;

(2) “ dispenser's license ” means a license issued pursuant to the provisions of the Liquor Control Act allowing the licensee to sell, offer for sale or have in the person's possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages, including growlers, for consumption and not for resale off the licensed premises;

(3) “ growler ” means a clean, refillable, resealable container that has a liquid capacity that does not exceed one gallon and that is intended and used for the sale of beer, wine or cider;

(4) “ liquor license ” means a dispenser's license issued pursuant to Section 60-6A-3 NMSA 1978 or a dispenser's license issued pursuant to Section 60-6A-12 NMSA 1978 issued prior to July 1, 2021;

(5) “ liquor license lessee ” means a person that leases a liquor license from a liquor license lessor; and

(6) “ liquor license lessor ” means a person that leases a liquor license to a third party.
N.M. Stat. § 5-8-3 — NM Code / Chapter 5 / Article 8 / Section 5-8-3
§ 5-8-3. Authorization of fee
Status: in_force

A. Unless otherwise specifically authorized by the Development Fees Act, no municipality or county may enact or impose an impact fee.

B. If it complies with the Development Fees Act, a municipality or county may enact or impose impact fees on land within its respective corporate boundaries.

C. A municipality and county may enter into a joint powers agreement to provide capital improvements within an area subject to both county and municipal platting and subdivision jurisdiction or extraterritorial jurisdiction and may charge an impact fee under the agreement, but if an impact fee is charged in that area, the municipality and county shall comply with the Development Fees Act.

D. A municipality or county may waive impact fee requirements for affordable housing projects.
N.M. Stat. § 7-9E-2 — NM 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. § 58-12-1 — NM Code / Chapter 58 / Article 12 / Section 58-12-1
§ 58-12-1. Short title
Status: in_force

This act may be cited as the “Credit Union Share Insurance Corporation Act”.
N.M. Stat. § 7-38-11 — NM_STATUTES Code / Chapter 7 / Article 38 / Section 7-38-11
§ 7-38-11. Property reported in the wrong county
Status: in_force

If property is reported for valuation for property taxation purposes in a county different from the county in which it is required to be reported by law and the regulations of the department, the county assessor to whom the erroneous report is made shall send a copy of the report to the county assessor of the county in which the report is required to be made and shall, at the same time, notify the person making the erroneous report of his obligation to make the required report to the appropriate county. A person making a report to the wrong county assessor is not relieved of his responsibility to make the required report to the correct county assessor because of the provisions of this section.
N.M. Stat. § 10-4-15 — NM_STATUTES Code / Chapter 10 / Article 4 / Section 10-4-15
§ 10-4-15. Attendance of witnesses
Status: in_force

The district attorney and the defendant are respectively entitled to such process as may be necessary to enforce the attendance of witnesses as upon a trial of an information or indictment.
N.M. Stat. § 3-57-2 — NM_STATUTES Code / Chapter 3 / Article 57 / Section 3-57-2
§ 3-57-2. Purpose of act
Status: in_force

The purpose of this act is to provide for the orderly extension of municipal boundaries, to control the formation of new local public bodies, and to minimize the overlapping of a 1 local governmental services, within class A counties.
N.M. Stat. § 20-4-9 — NM Code / Chapter 20 / Article 4 / Section 20-4-9
§ 20-4-9. Members of the national guard, state hiring preference
Status: in_force

While serving in the national guard, applicants for state employment shall be awarded veterans' preference status and points to the same extent as discharged veterans of federal military service.
N.M. Stat. § 27-11-13 — NM_STATUTES Code / Chapter 27 / Article 11 / Section 27-11-13
§ 27-11-13. Release of suspended payment for services previously rendered; prepayment review; remedial training and education; temporary assistance
Status: in_force

A. The department shall direct the release of a suspended payment to a medicaid provider or subcontractor that is the subject of a referral based upon a determination of a credible allegation of fraud for services previously rendered if the medicaid provider or subcontractor posts a surety bond in the amount of the suspended payment, which posting shall be deemed good cause not to suspend payment.

B. The provisions of this section shall not prevent the department from:

(1) conducting a prepayment review of claims for ongoing services rendered by the medicaid provider or subcontractor;

(2) requiring the medicaid provider or subcontractor or its employees to complete remedial training or education to prevent the submission of claims for payment to which the medicaid provider or subcontractor is not entitled; or

(3) requiring the medicaid provider or subcontractor to engage an independent third party approved by the department to temporarily manage or provide technical assistance to the medicaid provider or subcontractor.

C. The department shall direct that the release of a suspended payment occur no later than ten business days following the earlier of:

(1) the posting of a surety bond by the medicaid provider or subcontractor in the amount of the suspended payment;

(2) notice from the attorney general that the attorney general will not pursue legal action against the medicaid provider or subcontractor arising out of the referral of the medicaid provider or subcontractor based on a determination of a credible allegation of fraud;

(3) the date on which an administrative decision as to the basis for suspending such payments, or portion of such payments, in favor of the medicaid provider or subcontractor becomes final; or

(4) the date on which a judicial decision as to the basis for suspending such payments, or portion of such payments, in favor of the medicaid provider or subcontractor becomes final and not subject to further appeal.
N.M. Stat. § 9-16-16 — NM Code / Chapter 9 / Article 16 / Section 9-16-16
§ 9-16-16. State financial regulation fund; created; purpose
Status: in_force

The “state financial regulation fund” is created as a nonreverting fund in the state treasury. The fund consists of money distributed to the financial institutions division of the regulation and licensing department pursuant to the consent judgment entered by the court in litigation between mortgage lenders and various states, including New Mexico, and filed April 4, 2012 in the United States district court for the District of Columbia and of income from the investment of the fund. The fund shall be administered by the financial institutions division of the regulation and licensing department. Money in the fund is subject to appropriation by the legislature to the financial institutions division to support and improve state financial regulation and supervision as provided in the consent judgment. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the director of the financial institutions division or the director's authorized representative.
N.M. Stat. § 59A-40-5 — NM Code / Chapter 59A / Article 40 / Section 59A-40-5
§ 59A-40-5. Reports
Status: in_force

The insurer shall pay any applicable fees and charges as are required under the Insurance Code to be paid by other authorized insurers transacting in New Mexico the same kind of insurance. The insurer shall make the same reports to the superintendent and the national association of insurance commissioners as are required of such other authorized insurers, but in such adapted forms as may for the purpose be prescribed by the superintendent.
N.M. Stat. § 6-10-36.1 — NM Code / Chapter 6 / Article 10 / Section 6-10-36.1
§ 6-10-36.1. Receipts of public money; disposition by certain municipalities
Status: in_force

A municipality or village having within its boundaries no suitable banking facility in which to deposit collected receipts of public money shall deposit receipts within a period not to exceed five days from the date of collection, except when inclement weather or natural disaster conditions exist, in which case the period is extended to ten days; provided the municipality or village adopts a reasonable administrative policy approved by the local government division of the department of finance and administration establishing procedures for the safeguarding of the public funds prior to deposit.
N.M. Stat. § 59A-22-9 — NM Code / Chapter 59A / Article 22 / Section 59A-22-9
§ 59A-22-9. Claim forms
Status: in_force

There shall be a provision as follows:

The insurance company, upon receipt of a notice of claim, will furnish to the claimant such forms as are usually furnished by it for filing proofs of loss. If such forms are not furnished within fifteen days after the giving of such notice the claimant shall be deemed to have complied with the requirements of this policy as to proof of loss upon submitting, within the time fixed in the policy for filing proofs of loss, written proof covering the occurrence, the character and the extent of the loss for which claim is made.