FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 22-11-35 — NM Code / Chapter 22 / Article 11 / Section 22-11-35
§ 22-11-35. Disability benefit; eligibility; medical examination
Status: in_force

A. A member shall be eligible for disability benefits if the member has acquired ten years or more of earned service credit and if the board certifies the member to be totally disabled to continue the member's employment and unable to obtain and retain other gainful employment commensurate with the member's background, education and experience.

B. Prior to any certification of disability by the board, the board shall require each applicant for disability benefits to submit medical records as required by the board in support of the applicant's disability claim.
N.M. Stat. § 24-10D-1 — NM Code / Chapter 24 / Article 10D / Section 24-10D-1
§ 24-10D-1. Short title
Status: in_force

This act may be cited as the “Sexual Assault Survivors Emergency Care Act”.
N.M. Stat. § 1-25-11 — NM_STATUTES Code / Chapter 1 / Article 25 / Section 1-25-11
§ 1-25-11. Recall; election
Status: in_force

A. Except as otherwise provided in the Recall Act, recall elections shall be conducted and canvassed pursuant to the provisions of the Local Election Act.

B. The date of the recall election shall be set no later than ninety days after the date of the determination by the county clerk; provided that:

(1) the date is not in conflict with the provisions of Section 1-24-1 NMSA 1978; and

(2) if the date of the determination by the county clerk is within ninety days but no less than forty-nine days before a statewide election, the recall election shall be the first ballot question following the election or nomination of candidates on the statewide election ballot; and if the statewide election is a political party primary or the regular local election, ballots containing only the recall ballot question shall be available to voters who do not otherwise qualify to vote in the statewide election.

C. The question to be submitted to the voters at the recall election shall be whether the named official shall be recalled and shall present the voter the choice of voting “for the removal of” the named official or “against the removal of” the named official. The ballot or ballot question shall be in compliance with the federal Voting Rights Act of 1965, as amended.
N.M. Stat. § 9-19-12 — NM Code / Chapter 9 / Article 19 / Section 9-19-12
§ 9-19-12. Sexual assault examination kit processing grant program; powers and duties; sexual assault examination kit processing grant fund created
Status: in_force

A. As used in this section:

(1) “ department ” means the department of public safety; and

(2) “ grant program ” means the sexual assault examination kit processing grant program established pursuant to this section.

B. The department shall establish and administer a grant program to award funds to state and local law enforcement agencies for the processing of sexual assault examination kits.

C. Grant funds may be used only for the processing by a state or municipal crime laboratory of biological evidence that was collected in relation to a sexual assault.

D. The department:

(1) shall establish:

(a) grant program application procedures;

(b) guidelines for the grant amounts to be awarded; and

(c) criteria for evaluating grant program applications; and

(2) may establish additional eligibility criteria for grant program applications.

E. Annually, on or before January 1, the department shall provide a report to the taxation and revenue department detailing the results and performance of the grant program.

F. The “sexual assault examination kit processing grant fund” is created in the state treasury. The fund consists of voluntary tax refund contributions, gifts, grants and donations. Balances remaining in the fund at the end of a fiscal year shall not revert to any other fund. The department shall administer the fund, and money in the fund is subject to appropriation by the legislature to the department to administer the grant program. Disbursements from the fund shall be made by warrant of the secretary of finance and administration pursuant to vouchers signed by the secretary of public safety or the secretary's authorized representative.

G. A person may make a gift or donation to the sexual assault examination kit processing grant fund through the department.
N.M. Stat. § 6-13-26 — NM Code / Chapter 6 / Article 13 / Section 6-13-26
§ 6-13-26. Refunding; procedures
Status: in_force

Except as changed or necessarily implied with reference to refunding, all provisions of the Institution Bond Act apply to the authorization and issuance of refunding bonds, including their terms and security, the bond resolution, taxes, the method of bond payment and other provisions. The determination of the governing board of the institution issuing the refunding bonds that the provisions of the Institution Bond Act have been complied with is conclusive in the absence of fraud or arbitrary and gross abuse of discretion.
N.M. Stat. § 41-4A-7 — NM Code / Chapter 41 / Article 4A / Section 41-4A-7
§ 41-4A-7. Statute of limitations and abatement
Status: in_force

A claim made pursuant to the New Mexico Civil Rights Act shall be commenced no later than three years from the date a claim can be brought for the deprivation of a right, privilege or immunity pursuant to the bill of rights of the constitution of New Mexico unless a longer statute of limitations is otherwise provided by state law.
N.M. Stat. § 21-24-8 — NM Code / Chapter 21 / Article 24 / Section 21-24-8
§ 21-24-8. Judicial review
Status: in_force

Any final determination of the commission [department] respecting the issuance, denial or revocation of a registration may be appealed to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 30-3A-4 — NM_STATUTES Code / Chapter 30 / Article 3A / Section 30-3A-4
§ 30-3A-4. Exceptions
Status: in_force

The provisions of the Harassment and Stalking Act do not apply to:

A. picketing or public demonstrations that are lawful or that arise out of a bona fide labor dispute; or

B. a peace officer in the performance of his duties.
N.M. Stat. § 71-9-8 — NM Code / Chapter 71 / Article 9 / Section 71-9-8
§ 71-9-8. Administrative penalty
Status: in_force

A. If a person violates the provisions of the Geothermal Resources Development Act or the rules promulgated pursuant to that act or an order or permit issued pursuant to that act, the division may assess the person a civil penalty of two thousand five hundred dollars ($2,500) for each violation. In the case of a continuing violation, each day of violation shall constitute a separate violation.

B. In determining the amount of the penalty, the division shall consider the person's history of previous violations of the Geothermal Resources Development Act or the Geothermal Resources Act or the rules or permits issued pursuant to those acts, the seriousness of the violation, any hazard to the health or safety of the public or the environment and the demonstrated good faith of the person.

C. The division may assess a civil penalty only after the person charged with a violation has been given an opportunity for a public hearing.

D. After the public hearing is held, or the person has failed to participate in the public hearing, the division shall issue an order requiring that any penalty imposed be paid.

E. If the person fails to pay the civil penalty as ordered by the division, the division may file a civil suit to collect the penalty in the district court of the county in which the defendant resides or in which any defendant resides if there is more than one defendant or in the district court of any county in which the violation occurred.
N.M. Stat. § 25-1-4 — NM Code / Chapter 25 / Article 1 / Section 25-1-4
§ 25-1-4. Board; powers and duties
Status: in_force

The board shall promulgate procedural and substantive regulations consistent with the provisions of Section 74-1-9 NMSA 1978 and shall include provisions for:

A. requiring food service establishments to prepare and serve food in a manner safe for human consumption, free from adulteration, spoilage, contamination and unwholesomeness, and, to accomplish this standard, the following areas of food service establishment operations shall be covered by the regulations:

(1) disease control;

(2) employee hygiene and sanitation;

(3) food service establishment premises sanitation;

(4) all aspects of food service establishment construction relating to food service sanitation, including requirements for food service establishment construction plans and specifications review and approval by the division;

(5) control of pests and infestation by pests;

(6) lavatory and toilet facility placement and sanitation;

(7) lavatory hygiene;

(8) food equipment and utensil design and construction;

(9) food equipment and utensil storage and handling;

(10) liquid and solid waste disposal;

(11) food and drink preparation, handling, display and storage;

(12) food service establishment ventilation;

(13) water supply;

(14) itinerant food service establishment construction and operation; and

(15) any other facet of food service operations that reasonably may be considered to pose an existing or potential hazard to the health of the consuming public; provided that no regulation shall prohibit food service establishments from allowing pet dogs in designated outdoor dining areas;

B. the issuance, suspension and revocation of permits required under the Food Service Sanitation Act, which regulations shall provide for prior notice to and a hearing for any applicant for or holder of a permit when the division-proposed action is to deny an application for or suspend or revoke a permit, except in those specified instances under the provisions of the Food Service Sanitation Act when the division is authorized to take any of the foregoing actions without prior notice and hearing; and

C. establishing requirements for inspections of food service establishments, which shall include provisions for inspections at a frequency of at least once every twelve months.
N.M. Stat. § 7-38-27 — NM Code / Chapter 7 / Article 38 / Section 7-38-27
§ 7-38-27. Protest hearings; verbatim record; action by county valuation protests board; time limitations
Status: in_force

A. Except for the rules relating to discovery, the technical rules of evidence and the Rules Civil Procedure for the District Courts do not apply at protest hearings before a county valuation protests board, but the hearing shall be conducted so that an ample opportunity is provided for the presentation of complaints and defenses. All testimony shall be taken under oath. A verbatim record of the hearing shall be made but need not be transcribed unless required for appeal purposes.

B. Final action taken by the board on a petition shall be by written order signed by the chairman or a member of the board designated by the chairman. The order shall be made within thirty days after the date of the hearing, but this time limitation may be extended by agreement of the board and the protestant. A copy of the order shall be sent immediately by certified mail to the property owner. A copy of the order shall also be sent to the director and the county assessor.

C. All protests shall be decided within one hundred eighty days of the date the protest is filed. The protest shall be denied if the property owner or his authorized representative fails, without reasonable justification, to appear at the hearing.

D. The board's order shall be dated, state the changes to be made in the valuation records, if any, and direct the county assessor to take appropriate action. The division shall make any changes in its valuation records required by the order.

E. Changes in the valuation records shall clearly indicate that the prior entry has been superseded by an order of the board.

F. The assessor shall maintain a file of all orders made by the county valuation protests board. The file shall be open for public inspection.

G. If an order of a county valuation protests board is appealed under Section 7-38-28 NMSA 1978 , the director shall immediately notify the appropriate county assessor of the appeal. Notations shall be made in the valuation records of the assessor and the division indicating the pendency of the appeal.
N.M. Stat. § 19-10A-1 — NM_STATUTES Code / Chapter 19 / Article 10A / Section 19-10A-1
§ 19-10A-1. Short title
Status: in_force

This act may be cited as the “State Carbon Dioxide Act.”
N.M. Stat. § 68-4-4 — NM Code / Chapter 68 / Article 4 / Section 68-4-4
§ 68-4-4. Board; division; powers and duties
Status: in_force

A. The board shall:

(1) recommend guidelines, protocols and best management practices for projects;

(2) foster partnerships and cooperation among federal, state and county agencies, tribal entities, political subdivisions of the state, soil and water conservation districts, the forest products industry and other public or private organizations dedicated to forest and watershed conservation and restoration programs or projects or wildlife conservation or habitat improvement programs or projects for the purpose of co-funding or leveraging funding for priority projects; and

(3) evaluate and recommend projects to the division for funding.

B. The division may:

(1) seek and accept all public and private funds and gifts, devises, grants and donations from others to carry out the provisions of the Forest and Watershed Restoration Act;

(2) beginning July 1, 2019, provide partial or full funding for approved projects and facilitate and coordinate funding from multiple sources for projects, when appropriate; and

(3) adopt rules to carry out the purposes of the Forest and Watershed Restoration Act.
N.M. Stat. § 63-9D-2 — NM Code / Chapter 63 / Article 9D / Section 63-9D-2
§ 63-9D-2. Findings and purpose
Status: in_force

A. The legislature finds that:

(1) isolated people, the elderly, the young and victims of crime are often at risk and without help;

(2) children, elderly persons and victims of crime are frequently unable to explain directions to the location of an emergency situation;

(3) life-threatening accidents, fires, crimes and natural disasters occur in the state each year;

(4) an enhanced 911 telephone emergency system provides:

(a) expansion of the benefits of the basic 911 emergency telephone number;

(b) faster response time which minimizes the loss of life and property;

(c) automatic routing to the appropriate emergency response unit;

(d) immediate visual display of the location and telephone number of the caller; and

(e) curtailment of abuses of the emergency system by documenting callers; and

(5) New Mexico communities could make efficient use of the enhanced 911 telephone emergency system if the communities had adequate funding available.

B. It is the purpose of the Enhanced 911 Act to further the public interest and protect the safety, health and welfare of the people of New Mexico by enabling the development, installation and operation of enhanced 911 emergency reporting systems to be operated under shared state and local governmental management and control.
N.M. Stat. § 10-2-4 — NM Code / Chapter 10 / Article 2 / Section 10-2-4
§ 10-2-4. Public officer becoming surety; misdemeanor in office
Status: in_force

Any violation of the preceding section shall constitute a misdemeanor in office.
N.M. Stat. § 22-12A-13 — NM_STATUTES Code / Chapter 22 / Article 12A / Section 22-12A-13
§ 22-12A-13. Reporting requirements
Status: in_force

A. For each reporting date and at the end of the year, each school district shall report:

(1) the total number of days missed for excused and unexcused absences for each student in each public school, the total number of days each student was enrolled and in which tier each student with absences fell during the reporting period, along with the student's demographics; and

(2) the number of students at each public school who were referred to the children, youth and families department because of excessive absences, in the aggregate and disaggregated by subgroups.

B. The department shall compile a report by public school and school district that includes:

(1) the total number and percent of students who were in each tier of chronic absenteeism or were excessively absent at each public school and school district in the aggregate for each public school and school district and disaggregated by subgroups;

(2) the average number of excused and unexcused absences per student for all students and subgroups, not including interscholastic extracurricular activities; and

(3) a calculated chronic absenteeism rate for the school district for all students and for each subgroup.
N.M. Stat. § 19-13-14 — NM Code / Chapter 19 / Article 13 / Section 19-13-14
§ 19-13-14. Cooperative development or operation
Status: in_force

For the purpose of more properly conserving the natural resources of any geothermal resources lands, or any part thereof, the holders of leases may unite with each other or with others in collectively adopting and operating under a cooperative or unit plan of development or operation of such geothermal resources lands whenever determined and certified by the commissioner to be necessary or advisable in the public interest. The commissioner may, with the consent of the holders of leases involved, establish, alter, change or revoke any drilling and production requirement of such leases, permit apportionment of production, and may make such regulations with reference to such leases, with like consent on the part of the persons holding the leases, in connection with the institution and operation of any such cooperative or unit plan, as the commissioner deems necessary or proper to secure the proper protection of the interests of the state.
N.M. Stat. § 29-2-8 — NM_STATUTES Code / Chapter 29 / Article 2 / Section 29-2-8
§ 29-2-8. New Mexico state police; commissioned officers; examination
Status: in_force

The New Mexico state police shall conduct a written examination of all applicants for the position of commissioned officer for the purpose of determining their mental qualifications and knowledge of the laws of New Mexico and their ability to render assistance in case of accidents upon the public highways. No applicant shall be appointed a member of the New Mexico state police, other than the chief, until the applicant has passed the written examination with a grade of not less than seventy-two percent. This section shall not apply to officers who are certified and commissioned as of June 30, 2015 in the former motor transportation division or the former special investigations division.
N.M. Stat. § 53-17-14 — NM Code / Chapter 53 / Article 17 / Section 53-17-14
§ 53-17-14. Amended certificate of authority
Status: in_force

A foreign corporation authorized to transact business in this state shall procure an amended certificate of authority in the event it changes its corporate name or desires to pursue in this state other or additional purposes than those set forth in its prior application for a certificate of authority by making application therefor to the commission [secretary of state]. The requirements in respect to the form and contents of the application, the manner of its execution, the filing of an original and a copy, which may be a photocopy of the original after it was signed or a photocopy that is conformed to the original, with the commission [secretary of state], the issuance of an amended certificate of authority and the effect thereof shall be the same as in the case of an original application for a certificate of authority.
N.M. Stat. § 17-2-46 — NM_STATUTES Code / Chapter 17 / Article 2 / Section 17-2-46
§ 17-2-46. Enforcement; powers of conservation officers
Status: in_force

A. The director, each conservation officer, each sheriff in his respective county and each member of the New Mexico state police shall enforce the Wildlife Conservation Act and with probable cause shall:

(1) seize any wildlife, including any wild mammal, bird, amphibian, reptile, fish, mollusk or crustacean held in violation of the Wildlife Conservation Act;

(2) arrest any person whom he knows to be guilty of a violation of the Wildlife Conservation Act; and

(3) open, enter and examine all camps, cars, vehicles, tents, packs, boxes, barrels and packages where he has reason to believe any game or fish taken or held in violation of the Wildlife Conservation Act is to be found, and seize it.

B. Any warrant for the arrest of a person shall be issued upon sworn complaint, the same as in other criminal cases, and any search warrant shall issue upon a written showing of probable cause, supported by oath or affirmation, describing the places to be searched or the persons or things to be seized.

C. Conservation officers under the direction of the director may establish checking stations at points along established roads as needed.
N.M. Stat. § 42A-1-18 — NM Code / Chapter 42A / Article 1 / Section 42A-1-18
§ 42A-1-18. Notice of condemnation
Status: in_force

A. Upon filing a petition in condemnation in the district court, the clerk shall issue and give notice of condemnation which shall contain:

(1) a copy of the petition and the appraisal, if one was prepared pursuant to Section 42A-1-5 NMSA 1978;

(2) the title of the action;

(3) the name or designation of the court and county in which the action is brought as well as the cause number;

(4) a direction that the condemnee appear and answer to the petition within thirty days after service of notice, and a statement that unless the condemnee appears and answers, the petitioner will apply to the court for the relief demanded in the petition;

(5) the name and address of the petitioner's attorney shall appear on every notice; and

(6) a general statement of the nature of the action and a general description of the property involved in the action.

B. If the condemnor in his petition requests an order for immediate possession, notice of such request shall be incorporated in the notice provided for pursuant to Subsection A of this section.

C. If an appraisal has been prepared pursuant to Section 42A-1-5 NMSA 1978 , the condemnor shall file a copy of it at the time the petition is filed and shall deposit with the clerk of the court the amount determined by the appraisers pursuant to Section 42A-1-5 NMSA 1978 . The deposit shall be managed pursuant to the provisions of Subsections E through G of Section 42A-1-19 NMSA 1978 .
N.M. Stat. § 59A-50-10 — NM Code / Chapter 59A / Article 50 / Section 59A-50-10
§ 59A-50-10. Name, trademarks, emblems
Status: in_force

The superintendent may disapprove the name, trademarks and emblems which a motor club employs or proposes to employ in connection with its business. If such a name, trademarks or emblems are distinctive and are not similar to or in conflict with a local organization or a nationally registered or copyrighted name, emblem or insignia and not likely to confuse or mislead the public as to the nature or identity of the motor club using or proposing to use it, and will not interfere with the transactions of a motor club already operating in this state, then they shall be approved. Otherwise, the superintendent may disapprove their use and order that the motor club cease to use them.
N.M. Stat. § 57-12-3 — NM Code / Chapter 57 / Article 12 / Section 57-12-3
§ 57-12-3. Unfair or deceptive and unconscionable trade practices prohibited
Status: in_force

Unfair or deceptive trade practices and unconscionable trade practices in the conduct of any trade or commerce are unlawful.