FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 20-12-38 — NM Code / Chapter 20 / Article 12 / Section 20-12-38
§ 20-12-38. Captured or abandoned property
Status: in_force

A. All persons subject to Chapter 20 NMSA 1978 shall secure all public property taken from the enemy for the service of the United States and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.

B. Any person subject to Chapter 20 NMSA 1978 who:

(1) fails to carry out the duties prescribed in Subsection A of this section;

(2) buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or

(3) engages in looting or pillaging;

shall be punished as a court-martial may direct.
N.M. Stat. § 23-1-4 — NM_STATUTES Code / Chapter 23 / Article 1 / Section 23-1-4
§ 23-1-4. Annual statement of receipts and disbursements
Status: in_force

It is hereby made the duty of the several boards of managers of state charitable or other institutions which receive any money from the state treasury, at the end of each fiscal year to make out an itemized and detailed statement of all receipts and disbursements of such institution up to and including the last day of said fiscal year, which shall be sworn to as correct by the secretary, treasurer or other accounting officer of such institution who draws and receives the state funds and shall be transmitted to the governor of the state within the first thirty days of the new fiscal year; and any failure on the part of any person or officer to perform the duties herein specified shall subject such person to removal from his position and in case he is a bonded officer it shall be considered as a breach of his bond and be a misdemeanor in office, for which he may be fined in any sum not exceeding five hundred [dollars] [($500)] nor less than one hundred dollars [($100)], which shall be recovered from him and the sureties on his bond as a penalty.
N.M. Stat. § 31-11-3 — NM_STATUTES Code / Chapter 31 / Article 11 / Section 31-11-3
§ 31-11-3. Directions following review brought by defendant
Status: in_force

In any criminal case, if the supreme court or court of appeals affirms the judgment of the district court upon review brought by the defendant, it shall direct that the sentence pronounced be executed; and if the judgment is reversed, it shall direct a new trial or that the defendant be absolutely discharged according to the circumstances of the case.
N.M. Stat. § 3-21-12 — NM Code / Chapter 3 / Article 21 / Section 3-21-12
§ 3-21-12. County zoning authority; authority to contract
Status: in_force

A county zoning authority may contract for staff assistance and the service of another body if the other body is a:

A. state agency;

B. federal agency;

C. private planning agency; or

D. planning or zoning commission of a municipality within the county.
N.M. Stat. § 3-21A-7 — NM_STATUTES Code / Chapter 3 / Article 21A / Section 3-21A-7
§ 3-21A-7. Existing ordinances
Status: repealed

The Manufactured Housing and Zoning Act shall apply to all municipalities and counties except that the Manufactured Housing and Zoning Act shall not apply to any ordinance or regulation adopted by a home rule municipality which was adopted prior to January 1, 1987 or an ordinance or regulation adopted by a home rule municipality after January 1, 1987 which is not inconsistent with the Manufactured Housing and Zoning Act. However, if such ordinance or regulation is repealed then the Manufactured Housing and Zoning Act shall apply thereafter to that home rule municipality.
N.M. Stat. § 21-21-16 — NM Code / Chapter 21 / Article 21 / Section 21-21-16
§ 21-21-16. Definitions
Status: in_force

As used in the Student Loan Guarantee Act:

A. “board” [“commission” [“department”]] means the board of educational finance [commission on higher education [higher education department]];

B. “eligible student” means a resident of New Mexico who has been accepted for enrollment or who is enrolled in a participating institution and who is otherwise eligible for a student loan guaranteed under the Student Loan Guarantee Act. A standard of academic performance higher than the minimum required for continuing enrollment in the participating institution shall not be required, and [but] the student must be meeting the minimum academic requirements of the participating institution at the time any loan is made;

C. “fiscal agent” means the chief financial officer of one of the state higher educational institutions designated by the board;

D. “loans” means loans made by the fiscal agent to residents of this state under Title IV, Part B, of the federal Higher Education Act of 1965, 1 as amended;

E. “participating institution” means any post-high school educational institution within or without the state, public or private including junior colleges and vocational schools, which qualifies as an eligible institution for the federal guaranteed-loan program under the federal Higher Education Act of 1965, 2 as amended, and which is approved by the board for the purposes of the Student Loan Guarantee Act; and

F. “resident” means a person who has established legal residency in New Mexico as defined by the board.
N.M. Stat. § 7-9E-10 — NM_STATUTES Code / Chapter 7 / Article 9E / Section 7-9E-10
§ 7-9E-10. Coordination between national laboratories
Status: in_force

If more than one national laboratory is eligible for a tax credit pursuant to the Laboratory Partnership with Small Business Tax Credit Act, a national laboratory shall not file a tax credit claim pursuant to the Laboratory Partnership with Small Business Tax Credit Act until:

A. coordination is developed between the national laboratories providing small business assistance pursuant to the Laboratory Partnership with Small Business Tax Credit Act that generates a joint small business assistance operational plan and a plan to ensure that the small business assistance provided by a national laboratory suits the small business's needs and challenges; and

B. a written copy of each plan formed pursuant to this section is provided to the department.
N.M. Stat. § 4-57-2 — NM_STATUTES Code / Chapter 4 / Article 57 / Section 4-57-2
§ 4-57-2. Powers and duties of commission
Status: in_force

A. A county planning commission shall have such powers as are necessary and proper to carry out and promote county planning. Such planning shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the county which will, in accordance with existing and future needs, best promote health, safety, morals, order, convenience, prosperity or the general welfare as well as efficiency and economy in the process of development.

B. A county planning commission may:

(1) make reports and recommendations for the planning and development of the county to any other individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency of the state or any other legal entity or their legal representatives, agents or assigns;

(2) recommend to the administrative and governing officials of the county, programs for public improvements and their financing.
N.M. Stat. § 12-3-17 — NM_STATUTES Code / Chapter 12 / Article 3 / Section 12-3-17
§ 12-3-17. Official balloon museum
Status: in_force

The Anderson-Abruzzo international balloon museum is the official balloon museum of New Mexico.
N.M. Stat. § 24-14A-4.3 — NM_STATUTES Code / Chapter 24 / Article 14A / Section 24-14A-4.3
§ 24-14A-4.3. Agency cooperation
Status: in_force

All state agencies and political subdivisions shall cooperate with and assist the department in carrying out the provisions of the Health Information System Act, including sharing information and joining in any appropriate health information system.
N.M. Stat. § 72-12-28 — NM Code / Chapter 72 / Article 12 / Section 72-12-28
§ 72-12-28. Relief from impairment of existing water rights due to nonpotable water; parties to action
Status: in_force

Any person may bring an action in the district court of the county in which any such well is situated for damages or for injunctive relief with respect to any claimed impairment of existing water rights due to an appropriation of nonpotable water under this act.

When such suit has been filed, the court shall order the joinder of the state engineer as a party thereto on the motion of any party, and if so joined the court shall direct the state engineer to present such evidence bearing upon the issues of the case as is reasonably available to him.
N.M. Stat. § 57-12-26 — NM Code / Chapter 57 / Article 12 / Section 57-12-26
§ 57-12-26. Gift certificates; expiration; fees; penalties
Status: in_force

A. As used in this section, “ gift certificate ” means a writing identified as a gift certificate that is not redeemable in cash and is usable in its face amount in lieu of cash in exchange for goods or services supplied by a seller, but does not include a gift certificate useable with multiple unaffiliated sellers or goods or services. “ Gift certificate ” includes an electronic card with a banked dollar value, a merchandise credit, a certificate where the issuer has received payment for the full face value for the future purchase or delivery of goods or services and any other medium that evidences the giving of consideration in exchange for the right to redeem the certificate, electronic card or other medium for goods or services of at least an equal value. “ Gift certificate ” does not include:

(1) gift certificates, store gift cards or general use prepaid cards distributed to a consumer for promotional, award, incentive, rebate or other similar purposes without any money or other tangible thing of value being given by the consumer in exchange for the gift certificate, store gift card or general use prepaid card;

(2) gift certificates, store gift cards or general use prepaid cards that are sold below face value or at a volume discount to employers or to nonprofit and charitable organizations for fund-raising purposes;

(3) written promises, plastic cards or other electronic devices that are:

(a) used solely for telephone services; or

(b) are associated with a deposit, checking, savings or similar account at a banking or other similarly regulated financial institution and that provide payments solely by debiting such account; and

(4) gift certificates issued by banks, savings and loan associations and their affiliates and subsidiaries, licensed money transmitters or credit unions operating pursuant to the laws of the United States or New Mexico.

B. A gift certificate shall not have an expiration date less than sixty months after the date upon which the gift certificate was issued. If an expiration date is not conspicuously stated on a gift certificate, that gift certificate shall be presumed to have no expiration date and shall be valid until redeemed or replaced.

C. An issuer of a gift certificate shall not charge a fee of any kind in relation to the sale, redemption or replacement of a gift certificate other than an initial charge not exceeding the face value of the gift certificate, nor may a gift certificate be reduced in value by any fee, including a service or dormancy fee.

D. A violation of this section shall constitute an unfair or deceptive trade practice and shall be subject to the penalties set forth in the Unfair Practices Act.
N.M. Stat. § 63-7-1 — NM Code / Chapter 63 / Article 7 / Section 63-7-1
§ 63-7-1. Public regulation commission; term defined; office
Status: in_force

The term “ commission ”, as used in Chapter 63, Article 7 NMSA 1978 , means the public regulation commission. The office of the commission shall be located in the city of Santa Fe, New Mexico.
N.M. Stat. § 40-14-7 — NM Code / Chapter 40 / Article 14 / Section 40-14-7
§ 40-14-7. Petition; content
Status: in_force

A petition for adoption shall be filed and verified by the petitioner and shall allege:

A. the full name, age and place and duration of residence of the petitioner and, if married, the place and date of marriage; the date and place of any prior marriage, separation or divorce; and the name of any present or prior spouse;

B. the date and place of birth of the adoptee;

C. the birth name of the adoptee, any other names by which the adoptee has been known and the adoptee's proposed new name;

D. where the adoptee is residing at the time of the filing of the petition;

E. that the petitioner desires to establish a parent and child relationship between himself and the adoptee;

F. the relationship, if any, of the petitioner to the adoptee;

G. whether the adoptee is foreign born, and if so, copies of the adoptee's passport and United States visa shall be attached as exhibits to the petition;

H. the length and nature of the relationship between the petitioner and the adoptee and the degree of kinship, if any;

I. the reason the adoption is sought;

J. the names and addresses of any living parents or children of the adoptee;

K. a statement as to why the adoption would be in the best interests of the petitioner, the adoptee and the public; and

L. whether the petitioner or the petitioner's spouse has previously adopted any other adult person and, if so, the name of the person and the date and place of the adoption.
N.M. Stat. § 37-2-11 — NM Code / Chapter 37 / Article 2 / Section 37-2-11
§ 37-2-11. Revivor on death of defendant
Status: in_force

Upon the death of a defendant in an action, wherein the right of any part thereof survives against his personal representatives, the revivor shall be against him, and it may also be against the heirs or devisees of the defendant, or both, when the right of action or any part thereof survives against them.
N.M. Stat. § 14-5-4 — NM_STATUTES Code / Chapter 14 / Article 5 / Section 14-5-4
§ 14-5-4. Method of recovery
Status: in_force

Upon determining that a particular public record is not in the hands of the official custodian of such record and upon forming a reasonable belief that those records or copies of them are in the possession of a private party or parties, the public officer shall send a postage prepaid, certified letter, return receipt requested, to the party believed to be in possession of the records or copies of them, making demand for the production of the record if he has it and if he does not have it, any copy of the record. The letter shall:

A. name with particularity the record, the original or copy of which is believed to be in the possession of the private party;

B. allege that the public record is not in the hands of the official custodian of the record;

C. state the grounds on which the public officer believes that the private party is in possession of the public record or a copy of it; and

D. demand that within thirty days of the receipt of the letter, the recipient shall appear at a time and place stated in the letter, bringing the named public record or if the demand is for a copy, the copy with him.
N.M. Stat. § 49-2-15 — NM Code / Chapter 49 / Article 2 / Section 49-2-15
§ 49-2-15. Trespass on common lands or waters; jurisdiction of courts; injunction
Status: in_force

The several courts of this state exercising chancery jurisdiction shall under the practice of courts of chancery entertain bills of complaint filed by any such board of trustees to prevent trespasses upon the common lands and common waters of any such grant, if it shall appear that the complainants are without a plain, speedy and adequate remedy at law, or that the persons committing such trespass are insolvent or unable to respond in damages to such corporation for the injury alleged.
N.M. Stat. § 1-13-20 — NM Code / Chapter 1 / Article 13 / Section 1-13-20
§ 1-13-20. Post-election duties; expense of corrections
Status: in_force

The expense of any proceeding to complete or correct any returns or certificate shall be paid from the county general fund upon voucher signed by the county clerk.
N.M. Stat. § 44-5-5 — NM Code / Chapter 44 / Article 5 / Section 44-5-5
§ 44-5-5. Defense in action by assignee
Status: in_force

The assignment of any bond, bill, note, judgment, conveyance or other security, shall not affect the defense of the person executing the same.
N.M. Stat. § 14-9-9 — NM_STATUTES Code / Chapter 14 / Article 9 / Section 14-9-9
§ 14-9-9. Federal court judgment; county for filing; lien against realty
Status: in_force

A transcript of any money judgment obtained in the United States district court for the district of New Mexico, may be filed in the office of the county clerk of any county, wherein the judgment debtor or debtors have property, and when so filed and entered in the judgment lien record of said county shall be a lien against the real estate of such judgment debtor or debtors within said county from the date of such filing and entry in such judgment lien record.
N.M. Stat. § 3-21-13 — NM_STATUTES Code / Chapter 3 / Article 21 / Section 3-21-13
§ 3-21-13. Zoning enforcement by counties
Status: in_force

A. Counties having authority to regulate building and zoning under Sections 3-21-1 through 3-21-14 NMSA 1978 , may enact ordinances to carry out that authority the same as a municipality, except where inconsistent with statutory or constitutional limitations placed on counties. The ordinances are effective only within the zoning jurisdiction of the county.

B. County ordinances enacted under this section may be enforced by prosecution in the district court of the county. Penalties for violations of these ordinances shall not exceed a fine of three hundred dollars ($300) or imprisonment for ninety days, or both.

C. The district attorney and sheriff shall enforce these ordinances.
N.M. Stat. § 73-1-18 — NM Code / Chapter 73 / Article 1 / Section 73-1-18
§ 73-1-18. Majority to constitute quorum; concurrence of majority
Status: in_force

A majority of the directors shall constitute a quorum, and a concurrence of the majority in any matter within their duties shall be sufficient for its determination.
N.M. Stat. § 20-4-2 — NM Code / Chapter 20 / Article 4 / Section 20-4-2
§ 20-4-2. Administration of oaths
Status: in_force

All commissioned and warrant officers of the national guard and of the active and reserve military forces of the United States are hereby authorized and empowered to administer oaths and affirmations when directed by proper authority in all matters pertaining to and concerning the national guard, including the administration of oaths and affirmations in the enlistment of soldiers therefor.
N.M. Stat. § 5-8-14 — NM Code / Chapter 5 / Article 8 / Section 5-8-14
§ 5-8-14. Requirement for governmental entities to pay fees
Status: in_force

Governmental entities shall pay all impact fees imposed under the Development Fees Act.
N.M. Stat. § 24-2D-5.1 — NM_STATUTES Code / Chapter 24 / Article 2D / Section 24-2D-5.1
§ 24-2D-5.1. Pain management continuing education
Status: in_force

A board shall require non-cancer pain management continuing education as determined by its rules for health care providers under the board's jurisdiction who hold a federal drug enforcement administration registration and licensure to prescribe opioids.
N.M. Stat. § 60-2C-7 — NM Code / Chapter 60 / Article 2C / Section 60-2C-7
§ 60-2C-7. Permissible fireworks
Status: in_force

A. Permissible fireworks are:

(1) ground and hand-held sparkling devices:

(a) cone fountains;

(b) crackling devices;

(c) cylindrical fountains;

(d) flitter sparklers;

(e) ground spinners;

(f) illuminating torches; and

(g) wheels;

(2) aerial devices:

(a) aerial shell kit-reloadable tubes;

(b) aerial spinners;

(c) helicopters;

(d) mines;

(e) missile-type rockets;

(f) multiple tube devices;

(g) roman candles;

(h) shells; and

(i) stick-type rockets, except as provided in Subsection B of this section; and

(3) ground audible devices:

(a) chasers; and

(b) firecrackers.

B. The following types of fireworks are not permissible fireworks:

(1) stick-type rockets having a tube less than five-eighths inch outside diameter and less than three and one-half inches in length; and

(2) fireworks intended for sale to the public that produce an audible effect, other than a whistle, by a charge of more than one hundred thirty milligrams of explosive composition per report.

C. A municipality or county shall not by ordinance regulate and prohibit the sale or use of any permissible firework except aerial devices and ground audible devices.
N.M. Stat. § 27-2-16 — NM Code / Chapter 27 / Article 2 / Section 27-2-16
§ 27-2-16. Compliance with federal law
Status: in_force

A. Subject to the availability of state funds, the human services [health care authority] department may provide assistance to aged, blind or disabled individuals in the amounts consistent with federal law to enable the state to be eligible for medicaid funding. Individuals shall be determined to be aged, blind or disabled according to regulations of the human services [health care authority] department.

B. If drug product selection is permitted by Section 26-3-3 NMSA 1978 , reimbursement by the medicaid program shall be limited to the wholesale cost of the lesser expensive therapeutic equivalent drug generally available in New Mexico plus a reasonable dispensing fee of at least three dollars sixty-five cents ($3.65).
N.M. Stat. § 66-3-118 — NM Code / Chapter 66 / Article 3 / Section 66-3-118
§ 66-3-118. Manufacturer's certificate of origin; transfer of vehicle not previously registered
Status: in_force

A. Whenever a manufacturer or the agent or distributor of a manufacturer transfers a vehicle, not previously registered, to a dealer in this state, the manufacturer, agent or distributor at the time of transfer of the vehicle shall deliver to the dealer a manufacturer's certificate of origin. The certificate shall be signed by the manufacturer and shall specify that the vehicle described has been transferred to the dealer named and that the transfer is the first transfer of the vehicle in ordinary trade and commerce.

B. The certificate shall contain a description of the vehicle, number of cylinders, type of body, engine number, serial number or other standard identification number provided by the manufacturer of the vehicle and space for proper reassignment to a New Mexico dealer or to a dealer duly licensed or recognized as such in another state, territory or possession of the United States.

C. Any dealer when transferring a vehicle, not previously registered, to another dealer shall, at the time of transfer, give the transferee the proper manufacturer's certificate of origin fully assigned to the transferee.

D. When a vehicle not previously registered is transferred to a dealer who does not hold a franchise granted by the manufacturer of the vehicle to sell that type or model of vehicle, the transferee must obtain a registration of the vehicle and certificate of title but shall not be required to pay the excise tax imposed by Section 7-14-3 NMSA 1978 .