FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 7-31-11 — NM_STATUTES Code / Chapter 7 / Article 31 / Section 7-31-11
§ 7-31-11. Purchaser's report; tax remittance; additional information
Status: in_force

Each purchaser shall in the form and manner required by the division make a return to the division showing the total value, volume and kind of products purchased by him from each production unit for each calendar month. All taxes due or to be remitted by the purchaser shall accompany this return. The return shall be filed on or before the twenty-fifth day of the second month after the calendar month for which the return is required. Any additional reports or information the division may deem necessary for the proper administration of the Oil and Gas Emergency School Tax Act may be required.
N.M. Stat. § 58-27-6 — NM Code / Chapter 58 / Article 27 / Section 58-27-6
§ 58-27-6. Officers of the authority
Status: in_force

The secretary of economic development shall serve as the chairman of the authority. Authority members shall elect any other officers from the membership that the authority determines appropriate.
N.M. Stat. § 15-5A-4 — NM Code / Chapter 15 / Article 5A / Section 15-5A-4
§ 15-5A-4. Arts and cultural districts; creation
Status: in_force

A. A state-authorized arts and cultural district may be created by the municipality in which the proposed arts and cultural district will be located only if the proposed district is approved by the commission.

B. A municipally authorized arts and cultural district may be created by a municipality with a population greater than fifty thousand in which the proposed arts and cultural district will be located if the proposed district meets the criteria set forth in Subsection C of this section.

C. An arts and cultural district shall:

(1) be in a geographically contiguous area that ranges in size from a portion of a municipality to a regional district with a special coherence;

(2) be distinguished by physical and cultural resources that play a vital role in the life and development, including economic and cultural development, of a community;

(3) focus on a cultural compound, a major art institution, art and entertainment businesses, an area with arts and cultural activities or cultural or artisan production; and

(4) be engaged in promotion, preservation and educational aspects of the arts and culture of that locale and contribute to the public through interpretive, educational and recreational uses.
N.M. Stat. § 7-24-1 — NM_STATUTES Code / Chapter 7 / Article 24 / Section 7-24-1
§ 7-24-1. License tax imposed by municipalities
Status: in_force

Municipalities within or composing local option districts may, by duly adopted ordinance, impose an annual, nonprohibitive municipal license tax upon the privilege of persons holding state licenses under the provisions of the Liquor Control Act 1 to operate within such municipalities as retailers, dispensers, canopy licensees, restaurant licensees or club licensees. The amount of the license tax, which shall not exceed two hundred fifty dollars ($250), and the dates and manner of payment shall be fixed on or before June 1 of each year by the ordinance imposing the tax. In case any municipality permits the payment in installments, no bond shall be required to secure the payment of the deferred installments, but the remedy for the collection shall be that provided in Section 7-24-3 NMSA 1978 .
N.M. Stat. § 30-28-3 — NM Code / Chapter 30 / Article 28 / Section 30-28-3
§ 30-28-3. Criminal solicitation; penalty
Status: in_force

A. Except as to bona fide acts of persons authorized by law to investigate and detect the commission of offenses by others, a person is guilty of criminal solicitation if, with the intent that another person engage in conduct constituting a felony, he solicits, commands, requests, induces, employs or otherwise attempts to promote or facilitate another person to engage in conduct constituting a felony within or without the state.

B. In any prosecution for criminal solicitation, it is an affirmative defense that under circumstances manifesting a voluntary and complete renunciation of criminal intent, the defendant:

(1) notified the person solicited; and

(2) gave timely and adequate warning to law enforcement authorities or otherwise made a substantial effort to prevent the criminal conduct solicited.

The burden of raising this issue is on the defendant, but does not shift the burden of proof of the state to prove all of the elements of the crime of solicitation beyond a reasonable doubt.

C. It is not a defense that the person solicited could not be guilty of the offense solicited due to insanity, minority or other lack of criminal responsibility or incapacity. It is not a defense that the person solicited is unable to commit the crime solicited because of lack of capacity, status or other characteristic needed to commit the crime solicited, so long as the person soliciting or the person solicited believes that he or they have such capacity, status or characteristics.

D. A person is not liable for criminal solicitation when his solicitation constitutes conduct of a kind that is necessarily incidental to the commission of the offense solicited. When the solicitation constitutes a felony offense other than criminal solicitation, which is related to but separate from the offense solicited, the defendant is guilty of such related felony offense and not of criminal solicitation. Provided, a defendant may be prosecuted for and convicted of both the criminal solicitation as well as any other crime or crimes committed by the defendant or his accomplices or coconspirators, or the crime or crimes committed by the person solicited.

E. Any person convicted of criminal solicitation shall be punished as follows:

(1) if the highest crime solicited is a capital or first degree felony, the person soliciting such felony is guilty of a second degree felony;

(2) if the highest crime solicited is a second degree felony, the person soliciting such a felony is guilty of a third degree felony; and

(3) if the highest crime solicited is a third degree felony or a fourth degree felony, the person soliciting such felony is guilty of a fourth degree felony.
N.M. Stat. § 72-19-69 — NM Code / Chapter 72 / Article 19 / Section 72-19-69
§ 72-19-69. Repurchase of securities
Status: in_force

The securities may be repurchased by the authority out of any funds available for such purpose from the project to which they pertain at a price of not more than the principal amount thereof and accrued interest, plus the amount of the premium, if any, which might, on the next redemption date of such securities, be paid to the holders thereof if such securities should be called for redemption on such date pursuant to their terms, and all securities so repurchased shall be canceled.
N.M. Stat. § 19-7-59 — NM Code / Chapter 19 / Article 7 / Section 19-7-59
§ 19-7-59. Repayment of money erroneously paid on lease or purchase contract after distribution
Status: in_force

A. The duties, responsibilities and activities of the commissioner of public lands and lessees of state trust land and minerals set out in this section shall be performed in a timely manner.

B. Money erroneously paid on account of a lease or sale of state lands, which money is not carried in a suspense fund but has been distributed to the proper income or permanent fund, shall be repaid in the manner prescribed in this section.

C. If the money erroneously paid was for royalty due under a lease, then, subject to a subsequent audit by the commissioner of public lands or the commissioner's agent, the lessee may either request a refund or may recoup the money by deducting an equivalent amount from subsequent royalty payments due for the same lease and any other lease with the same trust beneficiary; provided that if the amount erroneously paid pursuant to this subsection is greater than fifty thousand dollars ($50,000) for a lease, no deduction from subsequent payments shall be made without the prior approval of the commissioner of public lands; and, provided further that, no initial claim for recoupment shall be made after six years from the date on which the initial royalty obligation became due.

D. If the amount of money erroneously paid is less than ten thousand dollars ($10,000), then, after a claim for a refund has been filed pursuant to Section 19-7-60 NMSA 1978 and approved by the commissioner of public lands, no court action shall be necessary and a refund shall be made under Section 19-7-62 or 19-7-63 NMSA 1978 .

E. All other money erroneously paid shall be refunded pursuant to the provisions of Sections 19-7-60 through 19-7-63 NMSA 1978 .
N.M. Stat. § 14-3-15.1 — NM Code / Chapter 14 / Article 3 / Section 14-3-15.1
§ 14-3-15.1. Records of state agencies; public records; copy fees; computer databases; criminal penalty
Status: in_force

A. Except as otherwise provided by federal or state law, information contained in information systems databases shall be a public record and shall be subject to disclosure in printed or typed format by the state agency that has inserted that information into the database, in accordance with the Public Records Act, upon the payment of a reasonable fee for the service.

B. The administrator shall recommend to the commission the procedures, schedules and technical standards for the retention of computer databases.

C. The state agency that has inserted data in a database may authorize a copy to be made of a computer tape or other medium containing a computerized database of a public record for any person if the person agrees:

(1) not to make unauthorized copies of the database;

(2) not to use the database for any political or commercial purpose unless the purpose and use is approved in writing by the state agency that created the database;

(3) not to use the database for solicitation or advertisement when the database contains the name, address or telephone number of any person unless such use is otherwise specifically authorized by law;

(4) not to allow access to the database by any other person unless the use is approved in writing by the state agency that created the database; and

(5) to pay a royalty or other consideration to the state as may be agreed upon by the state agency that created the database.

D. If more than one state agency is responsible for the information inserted in the database, the agencies shall enter into an agreement designating a lead agency. If the agencies cannot agree as to the designation of a lead state agency, the commission shall designate one of the state agencies as the lead agency to carry out the responsibilities set forth in this section.

E. Subject to any confidentiality provisions of law, any state agency may permit another state agency access to all or any portion of a computerized database created by a state agency.

F. If information contained in a database is searched, manipulated or retrieved or a copy of the database is made for any private or nonpublic use, a fee shall be charged by the state agency permitting access or use of the database.

G. Except as authorized by law or rule of the commission, any person who reveals to any unauthorized person information contained in a computer database or who uses or permits the unauthorized use or access of any computer database is guilty of a misdemeanor, and upon conviction the court shall sentence that person to jail for a definite term not to exceed one year or to payment of a fine not to exceed five thousand dollars ($5,000) or both. That person shall not be employed by the state for a period of five years after the date of conviction.
N.M. Stat. § 59A-23-12 — NM Code / Chapter 59A / Article 23 / Section 59A-23-12
§ 59A-23-12. Prescription drug prior authorization protocols
Status: in_force

A. After January 1, 2014, an insurer shall accept the uniform prior authorization form developed pursuant to Sections 2 and 3 of this 2013 act as sufficient to request prior authorization for prescription drug benefits.

B. No later than twenty-four months after the adoption of national standards for electronic prior authorization, a health insurer shall exchange prior authorization requests with providers who have e-prescribing capability.

C. If an insurer fails to use or accept the uniform prior authorization form or fails to respond within three business days upon receipt of a uniform prior authorization form, the prior authorization request shall be deemed to have been granted.

D. As used in this section, “insurer”:

(1) means:

(a) an insurer;

(b) a nonprofit health service provider;

(c) a health maintenance organization;

(d) a managed care organization; or

(e) a provider service organization; and

(2) does not include:

(a) a person that delivers, issues for delivery or renews an individual policy intended to supplement major medical group-type coverages such as medicare supplement, long-term care, disability income, specified disease, accident-only, hospital indemnity or other limited-benefit health insurance policy;

(b) a physician or a physician group to which a health insurer has delegated financial risk for prescription drugs and that does not use a prior authorization process for prescription drugs; or

(c) an insurer or its affiliated providers, if the insurer owns and operates its pharmacies and does not use a prior authorization process for prescription drugs.
N.M. Stat. § 32A-28-32 — NM Code / Chapter 32A / Article 28 / Section 32A-28-32
§ 32A-28-32. Termination procedures in independent adoptions; notice of petition; burden of proof; required findings
Status: in_force

A. In addition to the requirements of the Adoption Act, a petition for termination of parental rights involving an Indian child shall set forth:

(1) the tribal affiliations of the Indian child's parents;

(2) the specific actions taken by the moving party to notify the parents' Indian tribe and the results of the contacts, including the names, addresses, titles and telephone numbers of the persons contacted. Copies of any correspondence with the Indian tribe shall be attached as exhibits to the petition; and

(3) the specific active efforts made to comply with the placement preferences of the Indian Family Protection Act.

B. Notice of the filing of the petition, accompanied by a copy of the petition, shall be served by the petitioner by certified or registered mail with return receipt requested on the Indian child's tribe and on the Indian child's parents or guardians.

C. The grounds for any termination shall be proved beyond a reasonable doubt.

D. A judgment of the court terminating parental rights shall include findings establishing that each requirement of the Indian Family Protection Act was met.
N.M. Stat. § 7-2-5.5 — NM Code / Chapter 7 / Article 2 / Section 7-2-5.5
§ 7-2-5.5. Exemption; earnings by Indians, their Indian spouses and Indian dependents on Indian lands
Status: in_force

Income earned by a member of a New Mexico federally recognized Indian nation, tribe, band or pueblo, the member's spouse or dependent, who is a member of a New Mexico federally recognized Indian nation, tribe, band or pueblo, is exempt from state income tax if the income is earned from work performed within and the member, spouse or dependent is domiciled within the boundaries of the Indian member's or the spouse's reservation or pueblo grant or within the boundaries of land defined as “Indian country” pursuant to 18 U.S.C. Section 1151 , as that section may be amended or renumbered, for that nation, tribe, band or pueblo.
N.M. Stat. § 10-2-2 — NM_STATUTES Code / Chapter 10 / Article 2 / Section 10-2-2
§ 10-2-2. County or district officer not to be surety for another official
Status: in_force

No county or district officer shall be in future surety on the official bond of another county officer, and no such officer who shall be required to give bond shall be considered as qualified, if any other of the officers above mentioned shall give such bond.
N.M. Stat. § 73-10-39 — NM Code / Chapter 73 / Article 10 / Section 73-10-39
§ 73-10-39. Hearing on petition for excluding lands; objections
Status: in_force

The board of directors at the time and place mentioned in the notice, or at the time or times to which the hearing of said petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any persons, showing cause as aforesaid why the prayer of said petition should not be granted. The filing of such petition with the board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof.
N.M. Stat. § 9-26-14 — NM_STATUTES Code / Chapter 9 / Article 26 / Section 9-26-14
§ 9-26-14. Disclosure of information
Status: in_force

To the extent permitted by federal law, upon the written request of a corporation organized pursuant to the Educational Assistance Act, the department shall furnish the last known address and the date of that address of every person certified to the department as being an absent obligor of an educational debt that is due and owed to the corporation or that the corporation has lawfully contracted to collect. The corporation and its officers and employees shall use such information only for the purpose of enforcing the educational debt obligation of such absent obligors and shall not disclose that information or use it for any other purpose.
N.M. Stat. § 24-26-7 — NM Code / Chapter 24 / Article 26 / Section 24-26-7
§ 24-26-7. Immunity; unauthorized use
Status: in_force

A. In any civil action against the facility, material obtained through the use of a monitoring device may not be used if the monitoring device was installed or used without the knowledge of the facility or without the prescribed form.

B. Compliance with the provisions of the Patient Care Monitoring Act shall be a complete defense against any civil or criminal action brought against the patient, surrogate or facility for the use or presence of a monitoring device.
N.M. Stat. § 53-19-1 — NM Code / Chapter 53 / Article 19 / Section 53-19-1
§ 53-19-1. Short title
Status: in_force

Chapter 53, Article 19 NMSA 1978 may be cited as the “Limited Liability Company Act”.
N.M. Stat. § 52-3-36 — NM Code / Chapter 52 / Article 3 / Section 52-3-36
§ 52-3-36. Conversion to lump-sum payment
Status: in_force

The workers' compensation judge may approve an agreement for the conversion of disease disablement benefits into a lump-sum payment.
N.M. Stat. § 72-17-66 — NM Code / Chapter 72 / Article 17 / Section 72-17-66
§ 72-17-66. Facsimile seal
Status: in_force

The secretary of the authority may cause the seal of the district to be printed, engraved, stamped or otherwise placed in facsimile on any security. The facsimile seal has the same legal effect as the impression of the seal.
N.M. Stat. § 67-5-20 — NM Code / Chapter 67 / Article 5 / Section 67-5-20
§ 67-5-20. Establishment on petition of all owners
Status: in_force

Whenever a petition shall be presented to the board of county commissioners of any county of this state praying for a public highway, and the names of all the owners of all the land through which said road is to be laid out, shall be signed by the owners thereof to said petition, giving the right-of-way through the land, and accompanied by a plat of the road, it shall be the duty of the board of county commissioners, if in their opinion, the public good requires it, to declare the same a public highway, and thereupon a plat shall be filed and recorded and the said road shall become a public highway from and after that date.
N.M. Stat. § 22-23C-6 — NM Code / Chapter 22 / Article 23C / Section 22-23C-6
§ 22-23C-6. Additional duties of liaison and council; report to secretary and others
Status: in_force

A. As part of their duties pursuant to the Black Education Act, the liaison and the council shall study and prepare white papers on current research on methods and practices that will improve educational outcomes and school experiences for Black students by:

(1) identifying best practices for strengthening educational outcomes for Black students;

(2) addressing the Black student achievement gap in a holistic and systemic manner that includes clearly articulated measures to improve public education for Black students that result in substantially improved graduation rates, college or career readiness and higher education completion rates at the undergraduate and graduate levels;

(3) combating discrimination and racism in the public school system, including creating and sustaining equitable and culturally responsive learning environments;

(4) recommending curricula and instructional materials that include the history and culture of Black people in New Mexico, America and the world; and

(5) providing mechanisms for parents, community and business organizations, public schools, public post-secondary educational institutions and state and local policymakers to work together to improve educational opportunities for Black students.

B. The liaison and advisory council shall develop or recommend anti-racism and cultural sensitivity training and professional development programs for all school personnel.

C. The department, through the liaison and advisory council, shall establish a formal cooperative relationship with the higher education department and public post-secondary educational institutions in the state to help:

(1) improve the education of Black students in the kindergarten through sixteen educational system in New Mexico, including the recruitment and retention of Black teachers, educational support providers, faculty and educational and administrative leaders in the system; and

(2) improve teacher preparation programs by recruiting Black students and including curricula that demonstrate cultural awareness and sensitivity to matters of race and promote anti-racism.

D. White papers shall be submitted to the secretary, the council, the governor, the legislature, school districts, charter schools, the higher education department, public post-secondary educational institutions and interested persons.
N.M. Stat. § 18-8-3 — NM Code / Chapter 18 / Article 8 / Section 18-8-3
§ 18-8-3. Definitions
Status: in_force

As used in the New Mexico Prehistoric and Historic Sites Preservation Act:

A. “ corporation ” means a nonprofit corporation, formally recognized as tax exempt under Section 501(c)3 of the Internal Revenue Code of 1986 , whose declared purposes include the investigation, preservation or conservation of significant prehistoric or historic sites;

B. “ division ” means the historic preservation division of the cultural affairs department; and

C. “ significant prehistoric or historic sites ” means properties listed in the state register of cultural properties or national register of historic places.
N.M. Stat. § 21-28-15 — NM Code / Chapter 21 / Article 28 / Section 21-28-15
§ 21-28-15. Rights of holders of bonds
Status: in_force

Any holder of bonds issued under the provisions of the University Research Park and Economic Development Act or any coupons appertaining thereto, and the trustee under any trust agreement or resolution authorizing the issuance of those bonds, except as the rights given pursuant to that act may be restricted by a trust agreement or resolution, may, either at law or in equity, by suit, mandamus or other proceeding, protect and enforce any and all rights under the laws of this state or granted by that act or under the trust agreement or resolution or under any other contract executed by the research park corporation pursuant to that act, and may enforce and compel the performance of all duties required by that act or by the trust agreement or resolution to be performed by the research park corporation or by any officer thereof.
N.M. Stat. § 14-14A-8 — NM_STATUTES Code / Chapter 14 / Article 14A / Section 14-14A-8
§ 14-14A-8. Signature if individual is unable to sign
Status: in_force

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert “Signature affixed by (name of other individual) at the direction of (name of individual)” or words of similar import.