FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 1-2-2 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-2
§ 1-2-2. Secretary of state; general duties
Status: in_force

The secretary of state shall:

A. generally supervise all elections by administering the Election Code in its statewide application;

B. prepare instructions for the conduct of election and registration matters in accordance with the laws of the state;

C. advise county clerks, boards of county commissioners and boards of registration as to the proper methods of performing their duties prescribed by the Election Code;

D. report possible violations of the Election Code of which the secretary of state has knowledge to the district attorney or the attorney general for prosecution;

E. cause to be published in book form and distributed to the county clerk of each county for use by precinct boards a sufficient number of copies of the Election Code as it is from time to time amended and supplemented;

F. be responsible for the education and training of county clerks regarding elections;

G. be responsible for the education and training of voting machine technicians; and

H. assist the county clerks in the education and training of registration officers.
N.M. Stat. § 21-22E-5 — NM Code / Chapter 21 / Article 22E / Section 21-22E-5
§ 21-22E-5. Delegation of duties to other state agencies
Status: in_force

The commission [department] may arrange with other agencies for the performance of services required by the provisions of Section 4 of the Teacher Loan for Service Act.
N.M. Stat. § 35-5-3 — NM Code / Chapter 35 / Article 5 / Section 35-5-3
§ 35-5-3. Criminal actions; disposition of complaint, summons and warrant
Status: in_force

In every criminal action in the magistrate court, the original criminal complaint shall be served on the defendant along with the original summons or warrant in the action. Following service of a warrant, the arresting officer shall complete the returns on the other copies of the warrant. The magistrate shall file and retain the second copy of the complaint and summons or warrant with the completed return.
N.M. Stat. § 58-27-4 — NM Code / Chapter 58 / Article 27 / Section 58-27-4
§ 58-27-4. Border authority created; membership
Status: in_force

A. The “border authority” is created. The authority is a state agency and is administratively attached to the economic development department.

B. The authority consists of seven voting members, six of whom shall be appointed by the governor. No more than three of those appointed shall belong to the same political party. The seventh member shall be the secretary of economic development or the secretary's designee. The voting members appointed by the governor shall be confirmed by the senate. The lieutenant governor shall serve as a nonvoting ex-officio member. The chair may appoint a nonvoting advisory committee to provide advice and recommendations on authority matters.

C. The six voting members of the authority appointed by the governor shall be citizens of the state and shall serve for terms of four years except for the initial appointees who shall be appointed so that the terms are staggered after initial appointment. Initial appointees shall serve terms as follows: two members for two years, two members for three years and two members for four years.
N.M. Stat. § 40-10C-9 — NM Code / Chapter 40 / Article 10C / Section 40-10C-9
§ 40-10C-9. Warrant to take physical custody of child
Status: in_force

A. If a petition pursuant to the Uniform Child Abduction Prevention Act contains allegations that the child is imminently likely to be wrongfully removed and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical custody of the child.

B. The respondent on a petition pursuant to Subsection A of this section shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but not later than the next judicial day unless a hearing on that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible.

C. An ex parte warrant pursuant to Subsection A of this section to take physical custody of a child shall:

(1) recite the facts upon which a determination of a credible risk of imminent wrongful removal of the child is based;

(2) direct law enforcement officers to take physical custody of the child immediately;

(3) state the date and time for the hearing on the petition; and

(4) provide for the safe interim placement of the child pending further order of the court.

D. If feasible, before issuing a warrant and before determining the placement of the child after the warrant is executed, the court may order a search of the relevant databases of the national crime information center system and similar state databases to determine if either the petitioner or respondent has a history of domestic violence, stalking or child abuse or neglect.

E. The petition and warrant shall be served on the respondent when or immediately after the child is taken into physical custody.

F. A warrant to take physical custody of a child, issued by this state or another state, is enforceable throughout this state. If the court finds that a less intrusive remedy will not be effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances, the court may authorize law enforcement officers to make a forcible entry at any hour.

G. If the court finds, after a hearing, that a petitioner sought an ex parte warrant pursuant to Subsection A of this section for the purpose of harassment or in bad faith, the court may award the respondent reasonable attorney fees, costs and expenses.

H. The Uniform Child Abduction Prevention Act does not affect the availability of relief allowed pursuant to the law of this state other than that act.
N.M. Stat. § 51-1-37.1 — NM Code / Chapter 51 / Article 1 / Section 51-1-37.1
§ 51-1-37.1. Child support obligations
Status: in_force

A. The division shall notify the human services department [health care authority department] of the name of any individual who files a new claim for unemployment compensation and who is determined to be eligible for benefits.

B. The division shall deduct and withhold from any unemployment compensation otherwise payable to an individual who owes child support obligations:

(1) the amount specified by the individual to be deducted and withheld, if an amount is not specified under Paragraph (2) or (3) of this subsection;

(2) the amount specified in an agreement between the individual and the child support enforcement bureau of the human services department [health care authority department], pursuant to Section 454(20)(B)(i) of the Social Security Act, 1 a copy of which has been provided to the division by the child support enforcement bureau; or

(3) any amount otherwise required to be so deducted and withheld from such unemployment compensation pursuant to a writ of garnishment or other legal process for enforcement of judgments issued by any court or administrative agency of competent jurisdiction in any state, territory or possession of the United States or any foreign country with which the United States has an agreement to honor such process directed to the human services department [health care authority department] for the purpose of enforcing an individual's obligation to provide child support.

C. Any amount withheld from the unemployment compensation benefits due a claimant shall be considered as payment of unemployment compensation benefits to the claimant and paid by the individual in satisfaction of his child support obligations.

D. The amount of child support obligations withheld by the division pursuant to this section shall be paid to the human services department [health care authority department].

E. As used in this section, “ unemployment compensation benefits ” means benefits payable under the Unemployment Compensation Law and amounts payable by or through the division pursuant to an agreement under any federal law providing for compensation, assistance or allowance with respect to unemployment.

F. As used in this section, “ child support obligations ” includes only obligations that are being enforced pursuant to a plan described in Section 454 of the Social Security Act that has been approved by the United States secretary of health and human services under Part D of Title 4 of the Social Security Act. 2

G. The human services department [health care authority department] shall reimburse the division for the administrative costs incurred by it that are attributable to the child support obligations being enforced by the human services department [health care authority department]. If the human services department [health care authority department] and the division fail to agree on the amount of such administrative costs, the state budget division of the department of finance and administration shall prescribe the amount of administrative costs to be reimbursed.
N.M. Stat. § 13-4-15 — NM_STATUTES Code / Chapter 13 / Article 4 / Section 13-4-15
§ 13-4-15. Appeals
Status: in_force

A. Any interested person may appeal any determination, finding or action of the director made pursuant to the Public Works Minimum Wage Act to the labor and industrial commission sitting as the appeals board by filing notice of the appeal with the director within fifteen days after the determination has been issued or notice of the finding or action has been given as provided in the Public Works Minimum Wage Act.

B. The labor and industrial commission, sitting as the appeals board, shall adopt rules as it deems necessary for the prompt disposition of appeals. A copy of the rules shall be filed with the librarian of the supreme court law library.

C. The appeals board, within ten days after the filing of the appeal, shall set the matter for an oral hearing within thirty days and, following the hearing, shall enter a decision within ten days after the close of the hearing and promptly mail copies of the decision to the parties.

D. Decisions of the appeals board may be appealed pursuant to the provisions of Section 39-3-1.1 NMSA 1978 .
N.M. Stat. § 20-9-5 — NM Code / Chapter 20 / Article 9 / Section 20-9-5
§ 20-9-5. Security for property
Status: in_force

The adjutant general may prescribe regulations for the obtaining of collateral to guarantee the return of arms, uniforms, equipment or other military property issued to members of the national guard or the state defense force in an amount at least equal to the value of the property issued and for such duration as is deemed appropriate. Such collateral may include cash, surety bonds, certificates of title or other good and valuable consideration. Property with investment value shall be deposited at interest, that interest to be paid to the member with return of the collateral upon proper return of the property in serviceable condition, fair wear and tear excepted.
N.M. Stat. § 35-14-6 — NM Code / Chapter 35 / Article 14 / Section 35-14-6
§ 35-14-6. Duties of temporary municipal judge
Status: in_force

The requirements of law relating to money collected, monthly reports, itemized statements and penalties apply to temporary municipal judges.
N.M. Stat. § 66-4-9 — NM Code / Chapter 66 / Article 4 / Section 66-4-9
§ 66-4-9. Penalty for destroying or dismantling in violation of certain sections of the Motor Vehicle Code
Status: in_force

A. Any person violating any provision of Sections 66-3-119 , 66-3-121 , 66-3-123 through 66-3-125 , 66-4-1 through 66-4-7 and 66-4-9 NMSA 1978 or Section 1 of this 2018 act is guilty of a misdemeanor and shall be punished by a fine of three hundred dollars ($300) or by imprisonment for not less than thirty days or both.

B. The penalty upon second conviction of such offense shall be that provided for a fourth degree felony.
N.M. Stat. § 2-2-1 — NM_STATUTES Code / Chapter 2 / Article 2 / Section 2-2-1
§ 2-2-1. Advance certified copies of enactments
Status: in_force

That upon approval by the governor of the state of New Mexico of any act passed by the legislature the secretary of state shall forthwith cause to be printed typewritten or multigraphed copies of such act and immediately shall after having certified same, as true copies, transmit one such copy to each county clerk of the state.
N.M. Stat. § 70-2-8 — NM Code / Chapter 70 / Article 2 / Section 70-2-8
§ 70-2-8. Subpoena power; immunity of natural persons required to testify
Status: in_force

The commission, or any member thereof, or the director of the division or his authorized representative, is hereby empowered to subpoena witnesses, to require their attendance and giving of testimony before it, and to require the production of books, papers and records in any proceeding before the commission or the division. No person shall be excused from attending and testifying or from producing books, papers and records before the commission or the division, or from obedience to the subpoena of the said commission or division, whether such subpoena be signed or issued by one or more of the members of the said commission, or the director of the division, in any hearing, investigation or proceeding held by or before the said commission or division or in any cause or proceeding in any court by or against the said commission or division, relative to matters within the jurisdiction of said commission or division, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; provided that nothing herein contained shall be construed as requiring any person to produce any books, papers or records, or to testify in response to any inquiry, not pertinent to some question lawfully before such commission or division or court for determination. No natural person shall be subjected to criminal prosecution, or to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may be required to testify, or produce evidence, documentary or otherwise before said commission or division, or in obedience to its subpoena, or in any cause or proceeding, provided, that no person testifying shall be exempted from prosecution and punishment for perjury committed in so testifying.
N.M. Stat. § 7-12A-10 — NM_STATUTES Code / Chapter 7 / Article 12A / Section 7-12A-10
§ 7-12A-10. Prohibition
Status: in_force

The provisions of the Tobacco Products Tax Act shall not apply in any case in which New Mexico is prohibited from taxing under the constitution of New Mexico or the constitution or laws of the United States.
N.M. Stat. § 61-1-16 — NM Code / Chapter 61 / Article 1 / Section 61-1-16
§ 61-1-16. Contents of decision
Status: in_force

The final decision and order of the board shall contain findings of fact made by the board, conclusions of law reached by the board, the order of the board based upon these findings of fact and conclusions of law and a statement informing the applicant or licensee of the applicant's or licensee's right to judicial review and the time within which such review shall be sought.
N.M. Stat. § 5-9-9 — NM Code / Chapter 5 / Article 9 / Section 5-9-9
§ 5-9-9. State agency cooperation; business incentives
Status: in_force

A. State agencies shall cooperate with, assist, and where possible, give preference in selection to a business located within an enterprise zone for any statutorily authorized state-administered grant and loan programs including, but not limited to, investments and loans through the severance tax permanent fund at market rates, in-plant training program instruction and job training through the federal Job Training Partnership Act, 1 matching funds through community development block grants and such other incentives that are or become available through the economic development department or through any other sources at the state level.

B. The economic development department shall conduct workshops throughout the state for the purpose of explaining the provisions of the Enterprise Zone Act to local governments.
N.M. Stat. § 16-6-19 — NM Code / Chapter 16 / Article 6 / Section 16-6-19
§ 16-6-19. Validity of bonds
Status: in_force

The bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all the persons whose signatures appear thereon shall have ceased to be commissioners. The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings to acquire the project financed by the bonds or taken in connection therewith.
N.M. Stat. § 74-4-4.1 — NM Code / Chapter 74 / Article 4 / Section 74-4-4.1
§ 74-4-4.1. Hazardous agricultural waste; duties and responsibilities of the department of agriculture
Status: in_force

A. The department of agriculture shall be responsible for the enforcement of all board regulations adopted pursuant to the Hazardous Waste Act regarding generators of hazardous agricultural waste. The division shall enforce those board regulations pertaining to transporters, treaters, storers and disposers of hazardous agricultural waste.

B. In the exercise of the responsibility prescribed in Subsection A of this section, the department of agriculture shall have the same authority as that delegated to the division, including the director.

C. In the adoption of regulations pertaining to hazardous agricultural waste, the board shall make a reasonable effort to consult with the department of agriculture prior to the adoption of the regulations. The department of agriculture shall serve as the technical consultant to the board on matters concerning hazardous agricultural waste.
N.M. Stat. § 7-9-54.1 — NM Code / Chapter 7 / Article 9 / Section 7-9-54.1
§ 7-9-54.1. Deduction; gross receipts from sale of aerospace services to certain organizations
Status: in_force

A. Receipts from performing or selling an aerospace service for resale may be deducted from gross receipts if the sale is made to a buyer who delivers a nontaxable transaction certificate or provides alternative evidence pursuant to Section 7-9-43 NMSA 1978 . The buyer shall separately state the value of the aerospace service purchased in the buyer's charge for the aerospace service on its subsequent sale to an organization or, if the buyer is an organization, on the organization's subsequent sale to the United States, and the subsequent sale shall be in the ordinary course of business of selling aerospace services to an organization or to the United States.

B. As used in this section:

(1) “ aerospace services ” means research and development services sold to or for resale to an organization for resale by the organization to the United States air force; and

(2) “ organization ” means an organization described in Subsection A of Section 7-9-29 NMSA 1978 other than a prime contractor operating facilities in New Mexico designated as a national laboratory by act of congress.
N.M. Stat. § 3-38A-10 — NM_STATUTES Code / Chapter 3 / Article 38A / Section 3-38A-10
§ 3-38A-10. Penalties; criminal
Status: in_force

A. It is a violation of the municipal ordinance imposing a hospitality fee and providing for collection and administration of the fee pursuant to the Hospitality Fee Act for any proprietor subject to the fee to fail to pay the hospitality fee, to fail to remit the proceeds of the fee to the municipality or to fail to account properly for a tourist accommodation and the proceeds of the fee pertaining to the accommodation.

B. The governing body of the municipality shall provide by ordinance that a violation of an ordinance imposing and providing for collection and enforcement of the hospitality fee pursuant to the Hospitality Fee Act is a misdemeanor subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more than ninety days, or both.
N.M. Stat. § 7-2-12 — NM_STATUTES Code / Chapter 7 / Article 2 / Section 7-2-12
§ 7-2-12. Taxpayer returns; payment of tax
Status: in_force

A. Every resident of this state and every individual deriving income from any business transaction, property or employment within this state and not exempt from tax under the Income Tax Act who is required by the laws of the United States to file a federal income tax return shall file a complete tax return with the department in form and content as prescribed by the secretary. Except as provided in Subsection B of this section, a resident or any individual who is required by the provisions of the Income Tax Act to file a return or pay a tax shall, on or before the due date of the resident's or individual's federal income tax return for the taxable year, file the return and pay the tax imposed for that year.

B. When the department approves electronic media for use by a taxpayer whose taxable year is a calendar year, the taxpayer who uses electronic media for both filing and payment must submit the required return and the tax imposed on residents and individuals under the Income Tax Act on or before the last day of the month in which the resident's or individual's federal income tax return is originally due for the taxable year. The due date provided in this subsection does not apply to residents or individuals who have received a filing extension from New Mexico or an automatic extension from the federal internal revenue service for the same taxable year.
N.M. Stat. § 4-8-3 — NM Code / Chapter 4 / Article 8 / Section 4-8-3
§ 4-8-3. Western boundary of Eddy county
Status: in_force

That the western boundary line of the county of Eddy, in the territory of New Mexico, shall be and the same is hereby established as follows, to wit: commencing at the closing corner to township sixteen south, between ranges twenty and twenty-one east, on the third standard parallel south of the New Mexico principal meridian; thence south between said ranges twenty and twenty-one east, to the fourth standard parallel south; thence west along said parallel to the point where the line between ranges twenty and twenty-one east, south of said parallel, intersects said parallel, and thence south, on the range line between ranges twenty and twenty-one east, to the south boundary line of the territory of New Mexico.
N.M. Stat. § 9-15A-4.1 — NM Code / Chapter 9 / Article 15A / Section 9-15A-4.1
§ 9-15A-4.1. Tourism enterprise fund created; fund administration
Status: in_force

A. The “tourism enterprise fund” is created in the state treasury. Money appropriated to the fund or accruing to it through sales of souvenirs and sundries at visitors centers, web-site-related sales, television special program rights, gifts, grants, fees, penalties, bequests or any other source shall be delivered to the state treasurer and deposited in the fund. Money in the fund is appropriated to the tourism department for the purpose of carrying out the duties of the department. Money in the fund shall not revert to the general fund at the end of a fiscal year.

B. The fund shall be administered by the tourism department. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the secretary of tourism.