FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 59A-6-5 — NM Code / Chapter 59A / Article 6 / Section 59A-6-5
§ 59A-6-5. Distribution of office collections
Status: in_force

A. All money received by the office of superintendent of insurance for fees, licenses and penalties shall be paid daily by the superintendent to the state treasurer and credited to the “insurance department suspense fund” except as provided by the Law Enforcement Protection Fund Act. 1

B. The superintendent may authorize the refund of money erroneously paid as fees, licenses or penalties from the insurance department suspense fund upon request for refund, if the request is made within one year after the erroneous payment.

C. The “insurance operations fund” is created in the state treasury. The fund shall consist of the distributions made to it pursuant to Subsection D of this section. The legislature shall annually appropriate from the fund to the division those amounts necessary for the division to carry out its responsibilities pursuant to the Insurance Code and other laws. Any balance in the fund at the end of a fiscal year shall revert to the general fund.

D. At the end of every month, after applicable refunds are made pursuant to Subsection B of this section, the state treasurer shall make the following transfers from the balance remaining in the insurance department suspense fund:

(1) to the “fire protection fund”, that part of the balance derived from property and vehicle insurance business;

(2) to the insurance operations fund, that part of the balance derived from the fees imposed pursuant to Subsections A and E of Section 59A-6-1 NMSA 1978 other than fees derived from property and vehicle insurance business; and

(3) to the general fund, the balance remaining in the insurance department suspense fund derived from all other kinds of insurance business.
N.M. Stat. § 36-3-8 — NM Code / Chapter 36 / Article 3 / Section 36-3-8
§ 36-3-8. Unlawful acts
Status: in_force

Any person who misrepresents the services he may provide in immigration or nationality matters is in violation of the Immigration and Nationality Law Practice Act.
N.M. Stat. § 20-8-3 — NM_STATUTES Code / Chapter 20 / Article 8 / Section 20-8-3
§ 20-8-3. Powers and responsibilities
Status: in_force

The state armory board shall be empowered to:

A. act on behalf of the state in the exercise of its powers and responsibilities;

B. hold title to armories in its name on behalf of the state;

C. employ and maintain or retain technical, legal, administrative and clerical personnel, including an architect or engineer, a construction manager and a finance manager as deemed necessary by the board within its appropriated budget or federal reimbursement funds, as approved by itself and the department of finance and administration;

D. have control and supervision over the acquisition, construction, replacement, repair, alteration, improvement, furnishing, equipping, maintenance and operation of all armories and over all funds appropriated or obtained for those purposes;

E. acquire property deemed necessary for military purposes by purchase, exchange, lease, grant, gift or condemnation;

F. disregard the requirements of Sections 13-6-3 , 15-3-20 and 15-3-23 NMSA 1978;

G. borrow money for acquiring, constructing, replacing, repairing, altering, improving, furnishing, equipping and operating armories, as provided in Chapter 20, Article 8 NMSA 1978;

H. enter into contracts on behalf of the state with the United States or any of its agencies for the purpose of participating in any joint federal-state military construction for the purpose of receiving federal funds for military construction;

I. sell or exchange armory property when it determines the property is no longer necessary or suitable for military purposes; lease the property if its non-necessity or nonsuitability is determined to be temporary, but that any such lease shall be revocable at will should the adjutant general determine and declare military necessity and suitability, without liability against the state or the board being occasioned by the revocation; or to donate all or part of an armory property to the state, to a county or to a municipality pursuant to new or replacement armory acquisition or construction in the state;

J. guide, direct and supervise the local armory boards, the armory board council and the state armory board fund;

K. delegate to local armory boards such powers as it deems appropriate, retaining the responsibility for proper supervision and accountability of the delegated powers;

L. regulate and audit armory rentals contracted by local armory boards;

M. submit an annual report to the governor accounting for all state appropriated funds received and disbursed by it; and

N. meet quarterly, or at the more frequent call of the adjutant general. The adjutant general shall prescribe and issue regulations which he and the board deem appropriate for the operations of armories and for the exercise of powers by and the fulfillment of responsibilities of the board stated in Chapter 20, Article 8 NMSA 1978 .
N.M. Stat. § 33-3-3 — NM Code / Chapter 33 / Article 3 / Section 33-3-3
§ 33-3-3. Confinement of prisoners in county where offense committed
Status: in_force

The jail or jails in each county shall be used or be available for the detention of every person who, within the same county, is charged with any crime or properly committed for trial or for the imprisonment of every person who in conformity with sentence, upon conviction of an offense, may have been sentenced, and for the safekeeping of every person who shall be committed by competent authority according to law.
N.M. Stat. § 24-27-7 — NM Code / Chapter 24 / Article 27 / Section 24-27-7
§ 24-27-7. Severability
Status: in_force

If any part or application of the Umbilical Cord Blood Banking Act is held invalid, the remainder or its application to other situations or persons shall not be affected.
N.M. Stat. § 67-12-9 — NM Code / Chapter 67 / Article 12 / Section 67-12-9
§ 67-12-9. Junkyards; license required
Status: in_force

A. No person shall establish, operate or maintain a junkyard, without first obtaining a junkyard license from the commission. The commission shall establish and collect uniform fees for the issuance of junkyard licenses. The fee shall not be more than the actual cost to the commission of enforcement and administration of the Highway Beautification Act, or ten dollars ($10.00) per year per junkyard, whichever is greater. The fees shall be paid to the state treasurer for credit to the state road fund.

B. No junkyard license shall be issued for the establishment, operation or maintenance of a junkyard except for junkyards:

(1) screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main-traveled way of the interstate or primary systems, or otherwise removed from sight, all in conformity with regulations relating thereto promulgated by the commission, if any; or

(2) located within areas zoned for industrial use under authority of law; or

(3) located within unzoned industrial areas as determined by actual land uses and defined by regulations promulgated by the commission; provided that no area shall be deemed to be an unzoned industrial area unless and until the commission has promulgated regulations defining same.

C. Nothing herein to the contrary withstanding, no junkyard lawfully in existence on the effective date of the Highway Beautification Act, which has continued to so exist and has had timely paid therefor all license fees required by the Highway Beautification Act shall be denied a junkyard license, if proper application is made and the requisite fee tendered therefor, until such junkyard has been screened or otherwise removed from sight by the commission at its expense.

D. Any fee for a junkyard license payable for the years 1966 through 1971 inclusive, shall be deemed timely paid if, but only if, the fee is received by the commission prior to July 1, 1971. For the year 1972 and every year thereafter, the license fee shall be deemed timely paid if, but only if, said fee is received by the commission on or before the first day of the year for which said fee is being paid. Failure of timely payment of said fee shall render the junkyard subject to removal, disposal and abatement by the commission without any compensation whatsoever, and at the cost of the owner thereof.
N.M. Stat. § 49-1-4 — NM Code / Chapter 49 / Article 1 / Section 49-1-4
§ 49-1-4. Board of trustees; qualifications
Status: in_force

The board of trustees shall consist of five members. In a land grant-merced with bylaws that include the use of precincts, no more than the apportioned number of members for any given precinct as set forth in the bylaws shall serve on the board of trustees. A person shall be qualified to be a member of the board if the person is a qualified voting member and is not in default of any dues, rent or other payment for the use of any of the common lands of the land grant-merced; provided that no person convicted of a felonious or infamous crime, unless the person has been pardoned or restored to political rights, shall be qualified to be elected or appointed to any board of trustees of a land grant-merced.
N.M. Stat. § 26-2B-1 — NM Code / Chapter 26 / Article 2B / Section 26-2B-1
§ 26-2B-1. Short title
Status: in_force

Chapter 26, Article 2B NMSA 1978 may be cited as the “Lynn and Erin Compassionate Use Act” in honor of Lynn Pierson and Erin Armstrong.
N.M. Stat. § 19-10-63 — NM_STATUTES Code / Chapter 19 / Article 10 / Section 19-10-63
§ 19-10-63. Validation of oil and gas leases; 1967 act
Status: in_force

All oil and gas leases issued by the commissioner of public lands prior to the effective date of this section are declared to be valid and existing contracts with the state according to their terms and provisions where:

A. made in substantial conformity with law;

B. the terms have not expired;

C. all rentals have been paid and accepted by the commissioner of public lands; and

D. the leases have not been canceled by the commissioner of public lands for nonperformance by the lessee or any assignee.

The obligations of the state and the commissioner to observe and conform to the terms and provisions of these leases are recognized.
N.M. Stat. § 7-13A-1 — NM_STATUTES Code / Chapter 7 / Article 13A / Section 7-13A-1
§ 7-13A-1. Short title
Status: in_force

Chapter 7, Article 13A NMSA 1978 may be cited as the “Petroleum Products Loading Fee Act”.
N.M. Stat. § 7-24-16 — NM Code / Chapter 7 / Article 24 / Section 7-24-16
§ 7-24-16. Interpretation of act; administration and enforcement of the tax
Status: in_force

A. The department shall interpret the provisions of the Local Liquor Excise Tax Act.

B. The department shall administer and enforce the Local Liquor Excise Tax Act, and the Tax Administration Act 1 applies to the collection and enforcement of the local liquor excise tax.
N.M. Stat. § 14-1-5 — NM Code / Chapter 14 / Article 1 / Section 14-1-5
§ 14-1-5. Authorization
Status: in_force

Any public officer of the state may cause any or all records, papers or documents kept by the officer to be photographed, microfilmed, microphotographed, maintained as an electronic record or reproduced on film. The electronic record, photographic film and the device used to reproduce the records on film shall be one that accurately reproduces the original in all details.
N.M. Stat. § 7-2-30.1 — NM Code / Chapter 7 / Article 2 / Section 7-2-30.1
§ 7-2-30.1. Optional designation of tax refund contribution; amyotrophic lateral sclerosis research fund
Status: in_force

A. Except as otherwise provided in Subsection C of this section, any individual whose state income tax liability after application of allowable credits and tax rebates in any year is lower than the amount of money held by the department to the credit of such individual for that tax year may designate any portion of the income tax refund due to the individual to be paid to the amyotrophic lateral sclerosis research fund. In the case of a joint return, both individuals must make such a designation.

B. The department shall revise the state income tax form to allow the designation of such contributions in the following form:

“Amyotrophic Lateral Sclerosis Research Fund--Check ☐ if you wish to contribute a part or all of your tax refund to the amyotrophic lateral sclerosis research fund for amyotrophic lateral sclerosis (Lou Gehrig's disease) research. Enter here $___ the amount of your contribution.”.

C. The provisions of this section do not apply to income tax refunds subject to interception under the provisions of the Tax Refund Intercept Program Act, and any designation made under the provisions of this section to such refunds is void.
N.M. Stat. § 23-9-1 — NM_STATUTES Code / Chapter 23 / Article 9 / Section 23-9-1
§ 23-9-1. Short title
Status: in_force

This act may be cited as the “Adolescent Treatment Hospital Act”.
N.M. Stat. § 62-9-3.1 — NM Code / Chapter 62 / Article 9 / Section 62-9-3.1
§ 62-9-3.1. Limited regulation of certain jointly owned generation facilities
Status: in_force

No municipality or H class county shall hereafter begin construction or operation of any jointly owned generating facility within this state without first obtaining from the commission a certificate that public convenience and necessity require or will require such construction or operation; provided, however, that the commission's regulation shall be limited to such determination unless the municipality or H class county has elected to come under the general supervision of the commission as provided by law.
N.M. Stat. § 1-15-3 — NM_STATUTES Code / Chapter 1 / Article 15 / Section 1-15-3
§ 1-15-3. Presidential electors; nomination
Status: in_force

A. Any qualified political party in New Mexico desiring to have candidates for president and vice president on the general election ballot in a presidential election year shall, at a state party convention held in the year of such election, choose from the voters of the party the number of presidential electors required by law and no more.

B. The presidential electors shall be nominated by the state convention according to the rules of that party on file with the secretary of state.

C. Upon the nomination of presidential electors, the chair and secretary of the convention shall certify the names and addresses of the nominees not less than sixty-three days prior to the election to the secretary of state. The secretary of state shall record the nominees' names in the secretary's office as the presidential elector nominees of that party.
N.M. Stat. § 52-8-6 — NM Code / Chapter 52 / Article 8 / Section 52-8-6
§ 52-8-6. Board powers and duties; liability
Status: in_force

A. The board may:

(1) purchase insurance or reinsurance as is necessary to insure any potential liabilities to the fund;

(2) provide for the imposition of assessments to ensure the financial stability of the fund; and

(3) adopt bylaws and rules necessary to carry out the functions of the commission.

B. Except for intentional acts or acts of gross negligence, neither board members nor general members of the commission shall be liable for their acts or omissions in the administration of the Self-Insurers' Guarantee Fund Act.
N.M. Stat. § 44-7A-15 — NM Code / Chapter 44 / Article 7A / Section 44-7A-15
§ 44-7A-15. Immunity of arbitrator; competency to testify; attorney's fees and costs
Status: in_force

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.

(b) The immunity afforded by this section supplements any immunity under other law.

(c) The failure of an arbitrator to make a disclosure required by Section 13 does not cause any loss of immunity under this section.

(d) In a judicial, administrative or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and may not be required to produce records as to any statement, conduct, decision or ruling occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection does not apply:

(1) to the extent necessary to determine the claim of an arbitrator, arbitration organization or representative of the arbitration organization against a party to the arbitration proceeding; or

(2) to a hearing on a motion to vacate an award under Section 24(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists.

(e) If a person commences a civil action against an arbitrator, arbitration organization or representative of an arbitration organization arising from the services of the arbitrator, organization or representative or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of Subsection (d), and the court decides that the arbitrator, arbitration organization or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, the court shall award to the arbitrator, organization or representative reasonable attorney's fees and other reasonable expenses of litigation.
N.M. Stat. § 12-3-3 — NM_STATUTES Code / Chapter 12 / Article 3 / Section 12-3-3
§ 12-3-3. Salute to state flag
Status: in_force

The official salute to the state flag is: “I salute the flag of the state of New Mexico, the Zia symbol of perfect friendship among united cultures.”
N.M. Stat. § 59A-20-20 — NM Code / Chapter 59A / Article 20 / Section 59A-20-20
§ 59A-20-20. Annuities, entire contract
Status: in_force

In an annuity or pure endowment contract, other than a reversionary, survivorship or group annuity, there shall be a provision that the contract shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the contract when issued, a provision that the contract and the application therefor shall constitute the entire contract between the parties.
N.M. Stat. § 61-8-4 — NM Code / Chapter 61 / Article 8 / Section 61-8-4
§ 61-8-4. Persons exempted
Status: in_force

The Podiatry Act shall not apply to:

A. gratuitous services rendered in cases of emergency;

B. the domestic administration of family remedies not involving remuneration;

C. medical officers of the United States service in the actual performance of their official duties. The provisions of the Podiatry Act do not conflict with existing laws regulating the practice of the healing arts in this state; and

D. the fitting, recommending or sale of corrective shoes, arch supports or similar mechanical devices by retail dealers or manufacturers, provided that the representatives, agents or employees of such dealers or manufacturers do not diagnose, treat or prescribe mechanically or otherwise for any ailment, disease or deformity of the foot or leg.
N.M. Stat. § 10-2-10 — NM_STATUTES Code / Chapter 10 / Article 2 / Section 10-2-10
§ 10-2-10. Action on bond; use of certified copy
Status: in_force

In all actions at law upon the bond of any officer in this state wherein the original bond of such officer cannot be produced in court, the certified copy thereof, under the seal of the officer making the record, shall be received by any court for the same uses and purposes as the original bond; and any judgment rendered and execution issued against the principal and sureties therein shall be as valid and binding and of as full force and effect as if the original bond had been produced in court in said action at law.
N.M. Stat. § 73-7-8 — NM Code / Chapter 73 / Article 7 / Section 73-7-8
§ 73-7-8. Report; how modified
Status: in_force

If the court finds that the report requires modification the same may by order of the court be referred back to the commissioners, who may be required to modify it in any respect.
N.M. Stat. § 61-14B-22 — NM Code / Chapter 61 / Article 14B / Section 61-14B-22
§ 61-14B-22. Penalties
Status: in_force

A. Any person who fails to furnish the board, its investigators or representatives with information requested by the board is guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period of one year or both.

B. Any person who violates any provision of the Speech-Language Pathology, Audiology and Hearing Aid Dispensing Practices Act is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000) or imprisonment for a period of one year or both.
N.M. Stat. § 21-21A-21 — NM Code / Chapter 21 / Article 21A / Section 21-21A-21
§ 21-21A-21. Dissolution of foundation
Status: in_force

Upon termination or dissolution, all rights and properties of the foundation shall pass to and be vested in the state, subject to the rights of any bondholders, lienholders and other creditors.
N.M. Stat. § 42-2-16 — NM Code / Chapter 42 / Article 2 / Section 42-2-16
§ 42-2-16. Proof of payment; recording judgment
Status: in_force

After the petitioner has made payment in full to the clerk of the district court in accordance with the judgment in the condemnation action, the clerk shall certify upon the judgment that payment has been made thereon.

A copy of this judgment showing payment shall be recorded in the office of the county clerk of the county in which the property is situate, and thereupon the title or interest in the property affected shall vest in the petitioner.
N.M. Stat. § 18-9-6 — NM_STATUTES Code / Chapter 18 / Article 9 / Section 18-9-6
§ 18-9-6. Violations; civil liability
Status: in_force

Any person who violates Section 4 of the Library Privacy Act shall be subject to civil liability to the person identified in the released records for damages and costs of the action as determined by the court.
N.M. Stat. § 1-8-26 — NM Code / Chapter 1 / Article 8 / Section 1-8-26
§ 1-8-26. Primary election law; time of filing; documents necessary to qualify for ballot; challenge
Status: in_force

A. Declarations of candidacy by preprimary convention designation for any statewide office or for the office of United States representative shall be filed with the proper filing officer on the first Tuesday in February of each even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.

B. Declarations of candidacy for any other office to be nominated in the primary election shall be filed with the proper filing officer on the second Tuesday of March of each even-numbered year between the hours of 9:00 a.m. and 5:00 p.m.

C. Certificates of designation shall be submitted to the secretary of state on the first Tuesday following the preprimary convention at which the candidate's designation took place between the hours of 9:00 a.m. and 5:00 p.m.

D. No name shall be placed on the ballot until the person has been notified in writing by the proper filing officer that the certificate of registration on file, the declaration of candidacy and the petition, if required, are in proper order and that the person, based on those documents, is qualified to be a candidate. The proper filing officer shall mail the notice no later than 5:00 p.m. on the Tuesday following the filing date.

E. If a person is notified by the proper filing officer that the person is not qualified to be a candidate, the person may challenge that decision by filing a petition with the district court within ten days of the notification. The district court shall hear and render a decision on the matter within ten days after the petition is filed. The decision of the district court may be appealed to the supreme court within five days after the decision is rendered. The supreme court shall hear and render a decision on the appeal forthwith.