FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 24-7A-6 — NM Code / Chapter 24 / Article 7A / Section 24-7A-6
§ 24-7A-6. Decisions by guardian
Status: in_force

A. A guardian shall comply with the protected person's individual instructions made while the protected person had capacity and shall not disregard the protected person's preferences contained in an advance health-care directive unless the appointing court expressly so authorizes after notice to the agent, if any, and the protected person. The court may disregard such preferences if it finds by clear and convincing evidence that the preferences do not accurately reflect the free choice of the protected person at the time of making the individual instructions or that the protected person revoked the individual instructions while the protected person had capacity pursuant to Subsection B of Section 24-7A-3 NMSA 1978 . This provision does not affect the court's ability to grant relief pursuant to a petition as provided in Section 24-7A-14 NMSA 1978 .

B. A health-care decision of an agent appointed by a person having capacity takes precedence over that of a guardian, unless the appointing court expressly directs otherwise after notice to the agent and the protected person.

C. Subject to the provisions of Subsections A and B of this section, a health-care decision made by a guardian for the protected person is effective without judicial approval, if the appointing court has expressly authorized the guardian to make health-care decisions for the protected person, in accordance with the provisions of Section 45-5-312 NMSA 1978 , after notice to the protected person and any agent.
N.M. Stat. § 59A-10-12 — NM Code / Chapter 59A / Article 10 / Section 59A-10-12
§ 59A-10-12. Purpose and duration
Status: in_force

The deposit of an alien insurer provided for in Section 171 of this article shall be held in trust for the benefit, security and protection of the policyholders, or policyholders and creditors, of the insurer in the United States, and shall be maintained as long as there is outstanding in the United States any liability of the insurer arising out of its insurance transactions therein.
N.M. Stat. § 7-29B-4 — NM Code / Chapter 7 / Article 29B / Section 7-29B-4
§ 7-29B-4. Application procedures; certification of approval; rules; administration
Status: in_force

A. The operator of a proposed production restoration project or well workover project shall apply to the division for approval of a production restoration project or a well workover project in the form and manner prescribed by the division and shall provide any relevant material and information the division requires for that approval.

B. Upon a determination that the project complies with the provisions of the Natural Gas and Crude Oil Production Incentive Act and rules adopted pursuant to that act, the division shall approve the application and shall issue a certification of approval to the operator and designate the natural gas or oil well as a production restoration project or well workover project, as applicable.

C. In addition to the powers enumerated in Section 70-2-12 NMSA 1978 , the division shall adopt, promulgate and enforce rules to carry out the provisions of the Natural Gas and Crude Oil Production Incentive Act.

D. The division shall consider and approve applications for approval of a production restoration project or well workover project without holding hearings on the applications. If the division denies approval of an application pursuant to such a process, the division, upon the request of the applicant, shall set a hearing of the application before an examiner appointed by the division to conduct the hearing. The hearing shall be conducted in accordance with the provisions of the Oil and Gas Act 1 for such hearings.
N.M. Stat. § 7-42-3 — NM_STATUTES Code / Chapter 7 / Article 42 / Section 7-42-3
§ 7-42-3. Cannabis excise tax
Status: in_force

A. An excise tax is imposed on a cannabis retailer that sells cannabis products in this state. The tax imposed by this section may be referred to as the “cannabis excise tax”.

B. The rate of the cannabis excise tax shall be at the following rates and shall be applied to the price paid for a cannabis product:

(1) prior to July 1, 2025, twelve percent;

(2) beginning July 1, 2025 and prior to July 1, 2026, thirteen percent;

(3) beginning July 1, 2026 and prior to July 1, 2027, fourteen percent;

(4) beginning July 1, 2027 and prior to July 1, 2028, fifteen percent;

(5) beginning July 1, 2028 and prior to July 1, 2029, sixteen percent;

(6) beginning July 1, 2029 and prior to July 1, 2030, seventeen percent; and

(7) beginning July 1, 2030, eighteen percent.

C. The cannabis excise tax shall not apply to retail sales of medical cannabis products sold to a qualified patient or a primary caregiver who presents a registry identification card issued pursuant to the Lynn and Erin Compassionate Use Act or a reciprocal participant who presents similar proof from another state, the District of Columbia or a territory or commonwealth of the United States at the time of the sale.
N.M. Stat. § 59A-42-15 — NM Code / Chapter 59A / Article 42 / Section 59A-42-15
§ 59A-42-15. Immunity
Status: in_force

There shall be no liability on the part of, and no cause of action shall arise against, a member insurer or its agents or employees, the association or its agents or employees, members of the board or the superintendent or the superintendent's representatives for an act or omission by them in the performance of their powers and duties pursuant to the Life and Health Insurance Guaranty Association Act. This immunity shall extend to the participation in an organization of one or more other state associations with similar purposes and to that organization and its agents or employees.
N.M. Stat. § 9-23-1 — NM_STATUTES Code / Chapter 9 / Article 23 / Section 9-23-1
§ 9-23-1. Short title
Status: in_force

Sections 1 through 11 of this act may be cited as the “Aging and Long-Term Services Department Act”.
N.M. Stat. § 43-1B-9 — NM Code / Chapter 43 / Article 1B / Section 43-1B-9
§ 43-1B-9. Expeditious appeal
Status: in_force

There shall be a right to an expeditious appeal from a final order in a proceeding under the Assisted Outpatient Treatment Act.
N.M. Stat. § 20-4-10 — NM_STATUTES Code / Chapter 20 / Article 4 / Section 20-4-10
§ 20-4-10. Members of the national guard considered state employees
Status: in_force

Members of the national guard shall be considered to be state employees for the purpose of eligibility to purchase and participate in group insurance coverages afforded other state employees.
N.M. Stat. § 7-16B-9 — NM Code / Chapter 7 / Article 16B / Section 7-16B-9
§ 7-16B-9. Delivery and use of alternative fuel; prohibited acts
Status: in_force

It is a violation of the Alternative Fuel Tax Act to:

A. operate a motor vehicle upon the highways of this state with a connection between a cargo or other tank or container, not considered in the Alternative Fuel Tax Act as being the motor vehicle's fuel supply tank, and a carburetor or other fuel supply device. Fuel supply tanks, including auxiliary fuel supply tanks, shall be separate and apart from cargo tanks or other containers, with no connection by pipe, tube, valve or otherwise;

B. sell or deliver to any person alternative fuel from any alternative fuel supply tank or auxiliary alternative fuel supply tank;

C. deliver alternative fuel from a cargo tank into the alternative fuel supply tank of a motor vehicle; provided, however, delivery of liquefied alternative fuels may be made into the alternative fuel supply tank of a motor vehicle by a registered and licensed alternative fuel distributor when made by that distributor from the cargo tank of a vehicle operated by that distributor, which tank is specially designed to make this type of alternative fuel delivery; or

D. engage in the business of distributing alternative fuel in New Mexico without obtaining an alternative fuel distributor license under the provisions of Section 8 of the Alternative Fuel Tax Act.
N.M. Stat. § 21-2A-10 — NM_STATUTES Code / Chapter 21 / Article 2A / Section 21-2A-10
§ 21-2A-10. Procedure for election
Status: in_force

A. In all elections held under the College District Tax Act, the board shall issue a resolution calling for an election. The resolution shall be filed with each county clerk in the college district.

B. All elections held under the College District Tax Act shall be conducted and canvassed pursuant to the provisions of the Local Election Act.

C. Any person or corporation may institute, in the district court of any county in which the college district affected lies, an action or suit to contest the validity of any proceedings held under the College District Tax Act, but no such suit or action shall be maintained unless it is instituted within ten days after the issuance by the proper official of a certificate or notification of the results of the election.
N.M. Stat. § 61-13-5 — NM Code / Chapter 61 / Article 13 / Section 61-13-5
§ 61-13-5. Organization of board; meetings
Status: in_force

The board shall elect annually from its membership a chairman and such other officers as may be necessary. The board shall meet at least three times a year and at such other times as it deems appropriate. Meetings shall be at the call of the chairman of the board or upon the call of any two members of the board. A majority of the board shall constitute a quorum at any meeting or hearing of the board. Any board member failing to attend three consecutive meetings of the board, at least two of which were regular meetings, shall automatically be dropped as a member of the board.
N.M. Stat. § 1-12-55 — NM_STATUTES Code / Chapter 1 / Article 12 / Section 1-12-55
§ 1-12-55. Paper ballots; marking
Status: in_force

All marks on the paper ballot shall be made only with the recommended or provided marking device.
N.M. Stat. § 52-3-32 — NM Code / Chapter 52 / Article 3 / Section 52-3-32
§ 52-3-32. Occupational diseases; proximate causation
Status: in_force

The occupational diseases defined in Section 52-3-33 NMSA 1978 shall be deemed to arise out of the employment only if there is a direct causal connection between the conditions under which the work is performed and the occupational disease and which can be seen to have followed as a natural incident of the work as a result of the exposure occasioned by the nature of the employment and which can be fairly traced to the employment as the proximate cause. The disease must be incidental to the character of the business and not independent of the relation of employer and employee. The disease need not have been foreseen or expected but after its contraction must appear to have had its origin in a risk connected with the employment and to have flowed from that source as a natural consequence. In all cases where the defendant denies that an alleged occupational disease is the material and direct result of the conditions under which work was performed, the worker must establish that causal connection as a medical probability by medical expert testimony. No award of compensation benefits shall be based on speculation or on expert testimony that as a medical possibility the causal connection exists.
N.M. Stat. § 3-21-21 — NM_STATUTES Code / Chapter 3 / Article 21 / Section 3-21-21
§ 3-21-21. Powers of the commission
Status: in_force

A. The commission shall have power within the district as part of the building and zoning ordinances, regulations and restrictions adopted by it in the manner otherwise provided by law, to regulate and restrict:

(1) the height, number of stories and size of buildings and other structures;

(2) the percentage of a lot that may be occupied;

(3) the size of yards, courts and other open spaces;

(4) the density of populations;

(5) the location and use of buildings and structures; and

(6) the use of lands for trade, industry, residence or other purposes.

B. The commission shall adopt a comprehensive zoning plan or ordinance for the district that includes a master land use plan.
N.M. Stat. § 3-14-6 — NM_STATUTES Code / Chapter 3 / Article 14 / Section 3-14-6
§ 3-14-6. Commission-manager; districts for selection of commissioners; redistricting
Status: in_force

A. The governing body of a municipality organizing under the commission-manager form of government shall district the municipality into five commissioner districts. Each district shall be compact in area and equal in population, as nearly as possible. For all municipalities having a population in excess of ten thousand, a commissioner shall reside in and be elected from each district; provided that the governing body of a municipality having a population of ten thousand or less may provide for single-member districts as provided in this section.

B. The governing body of the municipality may redistrict the municipality whenever redistricting is warranted. Upon petition signed by qualified electors equal in number to the votes cast for the commissioner receiving the greatest number of votes at the last regular municipal election, the governing body of the municipality shall redistrict the municipality.
N.M. Stat. § 69-8-15 — NM Code / Chapter 69 / Article 8 / Section 69-8-15
§ 69-8-15. Construction of act
Status: in_force

Rules and regulations promulgated under the Mining Safety Act shall be construed as “statutory regulations” and any safety devices required by such rules and regulations shall be construed as “safety devices required by law” as such terms are used in the Workmen's Compensation Act.
N.M. Stat. § 21-4-2 — NM_STATUTES Code / Chapter 21 / Article 4 / Section 21-4-2
§ 21-4-2. Use of name “northern New Mexico college” for common convenience
Status: in_force

Except for financial transactions, the use of the name northern New Mexico college is hereby permitted in lieu of northern New Mexico state school, for common convenience.
N.M. Stat. § 7-38-55 — NM Code / Chapter 7 / Article 38 / Section 7-38-55
§ 7-38-55. Surrender of personal property; penalty for refusal
Status: in_force

A. Any person in the possession of personal property subject to claim for delinquent taxes and upon whom service of a demand warrant has been made must surrender the personal property to the county treasurer. However, that part of the personal property which is the subject of a bona fide attachment, execution or other similar process need not be surrendered unless the property is released from the attachment, execution or other similar process.

B. Any person who wrongfully fails or refuses to surrender personal property is personally liable for an amount equal to the value of the personal property not surrendered or the amount of the delinquent taxes, penalties and interest on that property, whichever is less.
N.M. Stat. § 10-4-2 — NM Code / Chapter 10 / Article 4 / Section 10-4-2
§ 10-4-2. Causes for removal of local officers
Status: in_force

The following shall be causes for removal of any officer belonging to the class mentioned in the preceding section:

A. conviction of any felony or of any misdemeanor involving moral turpitude;

B. failure, neglect or refusal to discharge the duties of the office, or failure, neglect or refusal to discharge any duty devolving upon the officer by virtue of his office;

C. knowingly demanding or receiving illegal fees as such officer;

D. failure to account for money coming into his hands as such officer;

E. gross incompetency or gross negligence in discharging the duties of the office;

F. any other act or acts, which in the opinion of the court or jury amount to corruption in office or gross immorality rendering the incumbent unfit to fill the office.
N.M. Stat. § 60-6B-7 — NM Code / Chapter 60 / Article 6B / Section 60-6B-7
§ 60-6B-7. Cancellation of license for failure to engage in business
Status: in_force

A. Any license issued under the provisions of the Liquor Control Act shall be canceled if the licensee fails to commence operation of the licensed business within one hundred twenty days after the license is issued and to continuously operate during customary hours and days of operation for that type of business; provided, however, the director may extend that period for a length of time determined by the director.

B. If after the one-hundred-twenty-day period or additional extension period specified in Subsection A of this section the licensee ceases to operate the licensed business during customary hours and days for that type of business for more than ten days, he shall notify the director in writing within five days of the cessation.

C. The director may grant temporary suspensions in the operation of the licensed business upon receipt of the notice provided in Subsection B of this section. A temporary suspension shall be for a period determined appropriate by the director.

D. The license of any person failing to comply with any provision of this section shall be canceled after notice and hearing complying with the provisions of Section 60-6C-4 NMSA 1978 .
N.M. Stat. § 7-27-5.21 — NM Code / Chapter 7 / Article 27 / Section 7-27-5.21
§ 7-27-5.21. New Mexico lottery revenue bonds
Status: in_force

The severance tax permanent fund may be invested in revenue bonds issued by the New Mexico lottery authority pursuant to the provisions of the New Mexico Lottery Act. 1 The amount invested shall not exceed three million dollars ($3,000,000).
N.M. Stat. § 52-5-17 — NM Code / Chapter 52 / Article 5 / Section 52-5-17
§ 52-5-17. Subrogation
Status: in_force

A. The right of any worker or, in case of his death, of those entitled to receive payment or damages for injuries or disablement occasioned to him by the negligence or wrong of any person other than the employer or any other employee of the employer, including a management or supervisory employee, shall not be affected by the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law, but the claimant shall not be allowed to receive payment or recover damages for those injuries or disablement and also claim compensation from the employer, except as provided in Subsection C of this section.

B. In a circumstance covered by Subsection A of this section, the receipt of compensation from the employer shall operate as an assignment to the employer or his insurer, guarantor or surety of any cause of action, to the extent of payment by the employer to or on behalf of the worker for compensation or any other benefits to which the worker was entitled under the Workers' Compensation Act or the New Mexico Occupational Disease Disablement Law and that were occasioned by the injury or disablement, that the worker or his legal representative or others may have against any other party for the injury or disablement.

C. The worker or his legal representative may retain any compensation due under the uninsured motorist coverage provided in Section 66-5-301 NMSA 1978 if the worker paid the premium for that coverage. If the employer paid the premium, the worker or his legal representative may not retain any compensation due under Section 66-5-301 NMSA 1978 , and that amount shall be due to the employer. For the purposes of this section, the employer shall not be deemed to pay the premium for uninsured motorist coverage in a lease arrangement in which the employer pays the worker an expense or mileage reimbursement amount that may include as one factor an allowance for insurance coverage.
N.M. Stat. § 52-6-24 — NM Code / Chapter 52 / Article 6 / Section 52-6-24
§ 52-6-24. Notice and hearing; appeal
Status: in_force

Notice and hearing required by the provisions of Sections 52-6-21 , 52-6-22 and 52-6-23 NMSA 1978 shall be given and held pursuant to the applicable provisions of Chapter 59A, Article 4 NMSA 1978 . A party may appeal from an order of the director made after a hearing, pursuant to Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 9-24-9 — NM Code / Chapter 9 / Article 24 / Section 9-24-9
§ 9-24-9. Public education commission
Status: in_force

A. The “public education commission” is created pursuant to Article 12, Section 6 of the constitution of New Mexico . The commission shall be administratively attached to the department, with administrative staff provided by the department. Additional requests for staff services shall be made through the secretary. The commission shall advise the department on policy matters and shall perform other functions as provided by law.

B. The commission shall consist of ten members elected from public education districts as provided in the decennial educational redistricting act. Members shall be entitled to receive per diem and mileage as provided in the Per Diem and Mileage Act, but shall receive no other perquisite, compensation or allowance.

C. The commission shall annually elect a chairman, vice chairman and secretary from among its membership. A majority of the members constitutes a quorum for the conduct of business. The commission shall keep a record of all proceedings of the commission.

D. The commission shall meet at the call of the chairman at least quarterly. Meetings of the commission shall be held in Santa Fe and at other sites within the state at the direction of the commission. The chairman in consultation with the secretary shall call a meeting at the request of a majority of the members. Commission members shall not vote by proxy.

E. No member of the commission shall be appointed secretary or be employed by the department on either a full- or part-time basis.
N.M. Stat. § 12-1-10 — NM Code / Chapter 12 / Article 1 / Section 12-1-10
§ 12-1-10. Applicability of increased fee
Status: in_force

The increased fee levied by this act shall apply to all actions filed on or after July 1, 1967.
N.M. Stat. § 21-1-20 — NM_STATUTES Code / Chapter 21 / Article 1 / Section 21-1-20
§ 21-1-20. Power to hold property
Status: in_force

All of the said institutions, including the New Mexico military institute, shall be entitled to receive all the benefits and donations made and given to similar institutions of learning and charity in other states and territories of the United States, by the legislation of the congress of the United States, or from private individuals or corporations, and for the benefit of said institutions they shall have power to buy and sell or lease or mortgage realty, and do all things that, in the opinion of the several boards, will be for the best interests of said institutions, and are in the line of its object.
N.M. Stat. § 28-17-15 — NM Code / Chapter 28 / Article 17 / Section 28-17-15
§ 28-17-15. Conflict of interest
Status: in_force

The agency shall ensure that:

A. no individual or a member of the immediate family of an individual involved in the designation of the ombudsman or the designation of a regional or local ombudsman is subject to a conflict of interest;

B. no officer or employee of the office, ombudsman coordinator or representative, or a member of their immediate family, is subject to a conflict of interest; and

C. any ombudsman:

(1) does not have a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service;

(2) does not have an ownership or investment interest, represented by equity, debt or other financial relationship, in a long-term care facility or a long-term care service;

(3) is not employed by, or participating in the management of, a long-term care facility; and

(4) does not receive, or have the right to receive, directly or indirectly, remuneration in cash or in kind under a compensation arrangement with an owner or operator of a long-term care facility.