FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 21-4-3 — NM_STATUTES Code / Chapter 21 / Article 4 / Section 21-4-3
§ 21-4-3. Northern New Mexico college; purpose of instruction; academic courses; boarding of students
Status: in_force

A. The courses of instruction at northern New Mexico college shall:

(1) meet the needs of young people of New Mexico who cannot be served adequately by the local public schools in their home communities;

(2) prepare technical and trade students for occupations and vocations that are useful and necessary in the economy of New Mexico; and

(3) provide academic, technical and vocational instruction beyond the high school level and accredited college level academic instruction.

B. The board of regents of northern New Mexico college may provide quarters for the boarding of resident students.

C. Nothing in this section shall preclude the university of New Mexico from continuing to provide upper college level and graduate courses in any areas in which such courses were being offered prior to January 1, 1977.

D. The board of regents of northern New Mexico college may develop, implement and seek accreditation for a baccalaureate degree program in teacher education.
N.M. Stat. § 24-11-6.1 — NM_STATUTES Code / Chapter 24 / Article 11 / Section 24-11-6.1
§ 24-11-6.1. Deceased members of Indian nations, tribes or pueblos; consultation and certification required
Status: in_force

A. The state medical investigator shall make reasonable efforts to determine if a deceased person is a member of a federally recognized Indian nation, tribe or pueblo. If a deceased person has been determined to be a member of a federally recognized Indian nation, tribe or pueblo, the state medical investigator shall use all due diligence to avoid an autopsy except when legally required due to possible criminal acts or omissions, an obscure cause of death or other reasons or pursuant to consent given according to the provisions of Section 24-12-4 NMSA 1978 . The state medical investigator shall use the least invasive means possible to satisfy the investigator's legal duties in conducting an autopsy.

B. If the state medical investigator determines that an autopsy cannot be avoided, the investigator shall attempt to provide advance notice of the autopsy to the surviving spouse or next of kin, or to the Indian nation, tribe or pueblo of the deceased. The state medical investigator shall provide documentation concerning the autopsy upon request of the surviving spouse or next of kin, or if none is identified, to the Indian nation, tribe or pueblo of which the deceased was a member.

C. If requested by the surviving spouse or the next of kin, or if none is identified, by the Indian nation, tribe or pueblo through an official representative designated pursuant to Subsection E of this section, the state medical investigator shall permit a law enforcement officer of the Indian nation, tribe or pueblo of the deceased to be present during the autopsy. The law enforcement officer attending the autopsy may not interfere with the autopsy procedure and shall follow the health regulations governing autopsy procedures.

D. After any legally required autopsy or postmortem examination has been conducted, the state medical investigator shall use all due diligence to consult with the surviving spouse or next of kin of the deceased regarding the disposition of all of the deceased's remains. Unless other treatment of the remains is required by law, the state medical investigator shall replace all body parts and, if requested, shall provide written certification to the surviving spouse or next of kin of the deceased that the investigator has replaced all body parts.

E. The state medical investigator shall request that each Indian nation, tribe and pueblo located in New Mexico designate, and keep current the designation of, an official representative that the state medical investigator shall contact when it is necessary to contact a tribal representative regarding an autopsy or the disposition of the remains of a deceased member of the Indian nation, tribe or pueblo.
N.M. Stat. § 1-13-23 — NM Code / Chapter 1 / Article 13 / Section 1-13-23
§ 1-13-23. Post-election duties; records
Status: in_force

A. The returns and certificates of the result of the county canvass are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978 . The certificate of results of the canvass of the election shall, forty-five days after the election or recount after any contest has been settled by the court, be preserved as a permanent record in the state records center. A copy of the certificate of results of the canvass of the election shall be preserved as a permanent record in the office of the county clerk in a separate book maintained for recording the results of elections.

B. The returns and certificates of the result of the state canvass are public documents, subject to inspection and retention as provided by Section 1-12-69 NMSA 1978 . The certificate of results of the canvass of the election shall, forty-five days after the election or recount after any contest has been settled by the court, be preserved as a permanent record in the state records center. A copy of the certificate of results of the canvass of the election shall be preserved as a permanent record in the office of the secretary of state in a separate book maintained for recording the results of elections.
N.M. Stat. § 50-1-6 — NM Code / Chapter 50 / Article 1 / Section 50-1-6
§ 50-1-6. Free employment agency
Status: in_force

The labor commissioner [director of the labor and industrial division] may, if deemed necessary, maintain and operate a free employment agency for the purpose of supplying labor to all branches of industry.
N.M. Stat. § 31-30-7 — NM Code / Chapter 31 / Article 30 / Section 31-30-7
§ 31-30-7. Conditions of grant
Status: in_force

A. As a condition of each grant made pursuant to the Violence Intervention Program Act, the department shall require each grantee to use at least fifty percent of its grant for the purpose of entering into contracts with one or more community-based service providers.

B. Each grantee shall report to the appropriate criminal justice coordinating council established pursuant to Section 31-28-3 NMSA 1978 regarding outcomes of the grant.

C. A grant may be awarded to a county or municipality, but shall not be awarded to both a county and a municipality falling within the county.
N.M. Stat. § 4-48A-7 — NM Code / Chapter 4 / Article 48A / Section 4-48A-7
§ 4-48A-7. Board of trustees; qualifications; automatic removal
Status: in_force

Each member of the board of trustees shall be a qualified elector, and each member of the board of trustees elected from a subdistrict or a single-member district shall be a resident of the subdistrict or the single-member district of the special hospital district. The office of any member of the board of trustees who does not continue to reside in the special hospital district, and in the case of a member who is elected from a subdistrict or a single-member district, who does not continue to reside in the subdistrict or the single-member district, is automatically declared vacant.
N.M. Stat. § 18-2-5 — NM_STATUTES Code / Chapter 18 / Article 2 / Section 18-2-5
§ 18-2-5. State library administrative agency
Status: in_force

The library division of the office of cultural affairs is designated a state library administrative agency and is empowered to accept gifts or grants of any nature from federal, state, county, local or private agencies for the purpose of carrying on its work. Any grant of money so received shall be deposited in the state treasury to the credit of the library division and shall be used only for the purpose for which it is given or granted.
N.M. Stat. § 73-2-44 — NM Code / Chapter 73 / Article 2 / Section 73-2-44
§ 73-2-44. Payment for bridges
Status: in_force

For the purpose of constructing such bridges, the respective mayordomos of acequias shall collect from the owners of said ditches, the amount required for the construction of the same, after the same have been constructed, which amount so taxed against the owners of said ditches shall be in proportion of their interests on the same: provided, that neither the county nor the owners of other acequias shall pay anything for the construction of said bridges, but, the owners of each ditch respectively, shall suffer the necessary expense in the construction of said bridges that might be necessary to construct bridges over said ditches.
N.M. Stat. § 44-7A-10 — NM Code / Chapter 44 / Article 7A / Section 44-7A-10
§ 44-7A-10. Initiation of arbitration
Status: in_force

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.

(b) Unless a person objects for lack or insufficiency of notice under Section 16(c) not later than the beginning of the arbitration hearing, the person by appearing at the hearing waives any objection to lack of or insufficiency of notice.
N.M. Stat. § 1-14-14 — NM_STATUTES Code / Chapter 1 / Article 14 / Section 1-14-14
§ 1-14-14. Recounts; rechecks; application
Status: in_force

A. Whenever any candidate believes that any error or fraud has been committed by any precinct board in counting or tallying the ballots, in the verification of the votes cast on the voting machines or in the certifying of the results of any election whereby the results of the election in the precinct have not been correctly determined, declared or certified, the candidate, within six days after completion of the canvass by the proper canvassing board, may have a recount of the ballots, or a recheck of the votes shown on the voting machines, that were cast in the precinct.

B. All applications for recount or recheck shall be filed with the secretary of state.
N.M. Stat. § 1-11-8 — NM_STATUTES Code / Chapter 1 / Article 11 / Section 1-11-8
§ 1-11-8. Voting machines; notice of sealing
Status: in_force

A. At least three days before preparing any type of voting machine for an election, the county clerk shall send notice to the county chair of each political party having a candidate on the ballot in the election. The notice shall state the times when and places where the voting machines will be prepared.

B. Party and organization representatives, election observers and candidates may be present at the preparation, inspection and sealing of the voting machines to ensure compliance with the Election Code.
N.M. Stat. § 32A-3A-7 — NM Code / Chapter 32A / Article 3A / Section 32A-3A-7
§ 32A-3A-7. Voluntary placement; time limitation
Status: in_force

A. A child may remain in voluntary placement for up to one hundred eighty consecutive days.

B. Prior to the expiration of the voluntary placement agreement, if the parent or guardian agrees in writing that the child is to remain in voluntary placement for up to an additional one hundred eighty days, the department shall file a petition to extend the voluntary placement. The department shall provide notice of the hearing on the petition for extension to the parent or guardian.

C. The court shall hold a hearing and enter a written final order within thirty days of the filing of the petition. If the court grants an extension of up to one hundred eighty days, the order shall contain findings that proper notice was given, the parent or guardian consents to the extension of the voluntary placement and the voluntary placement agreement is in the child's best interest. If an extension is denied, the court shall enter a written order denying the extension and directing the department to immediately return the child to the parent or guardian.

D. In no event shall a child remain in voluntary placement for a period in excess of three hundred sixty-five days in any two-year period.

E. Any placement described in this section shall not be considered abandonment by a parent, guardian or custodian or other family member.
N.M. Stat. § 31-15-8 — NM_STATUTES Code / Chapter 31 / Article 15 / Section 31-15-8
§ 31-15-8. Duty of chief public defender to establish appellate division; duty of appellate division
Status: in_force

A. The chief shall establish within the department an appellate division. The appellate division shall be headed by the appellate defender.

B. The appellate division shall assist the chief and district public defenders by providing representation before the court of appeals and the supreme court in appellate, review and postconviction proceedings involving persons represented under the Public Defender Act.

C. The appellate division shall assist private counsel not employed under the Public Defender Act in any appellate, review or postconviction remedy proceeding by providing representation for persons entitled to representation under the Indigent Defense Act. 1
N.M. Stat. § 17-4-19 — NM_STATUTES Code / Chapter 17 / Article 4 / Section 17-4-19
§ 17-4-19. Copy of invoice to be furnished purchaser upon resale
Status: in_force

In case of a sale or disposition of such game or game fish or any part thereof the vendor shall at the same time make a copy of such invoice and endorse thereon the date of sale, the number and kind of game or fish so disposed of and the name of the purchaser, and sign and deliver the same to the purchaser or donee, who shall keep it attached as aforesaid until the game or fish is prepared for consumption, and the same shall have the same force and effect as the original invoice.
N.M. Stat. § 40-3A-3 — NM Code / Chapter 40 / Article 3A / Section 40-3A-3
§ 40-3A-3. Formalities
Status: in_force

A premarital agreement must be in writing, signed by both parties and acknowledged. It is enforceable without consideration.
N.M. Stat. § 9-7-8 — NM_STATUTES Code / Chapter 9 / Article 7 / Section 9-7-8
§ 9-7-8. Directors
Status: in_force

The secretary shall appoint with the approval of the governor “directors” of divisions established within the department. The positions so appointed are exempt from the Personnel Act. 1
N.M. Stat. § 32A-28-19 — NM Code / Chapter 32A / Article 28 / Section 32A-28-19
§ 32A-28-19. Termination of parental rights
Status: in_force

A. In a termination of parental rights proceeding, with respect to an Indian child, the court shall consider whether an alternative to termination of parental rights, including permanent guardianship of the child, would best support the Indian child.

B. In a termination of parental rights proceeding in court, when the court knows an Indian child is involved, the party seeking to effectuate the termination of parental rights shall notify the Indian child's tribe by certified mail, with return receipt requested, of the pending proceedings and of its right to intervene. The court shall not order a termination of parental rights proceeding until the department files documentation with the court that the Indian child's tribe received notice of the proceeding.

C. In a termination of parental rights proceeding, bonding between the Indian child and the Indian child's foster parent shall not be considered as a factor in terminating parental rights.

D. In a termination of parental rights proceeding, a termination shall not be ordered unless:

(1) the Indian child's tribe was provided timely notice of the proceeding in accordance with the Indian Family Protection Act and provided an opportunity to state whether it opposes the termination; and

(2) the Indian child's tribe proposes an alternate permanency plan, unless the department can show good cause supported by clear and convincing evidence why the alternate permanency plan should not be ordered.

E. In a proceeding involving an Indian child, the grounds for any attempted termination shall be proved beyond a reasonable doubt and shall meet the requirements set forth in the Indian Family Protection Act.

F. In a termination proceeding involving an Indian child, the court shall, in any termination order, make specific findings of all active efforts and ensure that all of the requirements of the Indian Family Protection Act have been met.

G. After the entry of a final decree of adoption of an Indian child in a court that is made pursuant to the Adoption Act, the parent may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding that the consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent. An adoption that has been in effect for at least two years shall not be invalidated except as otherwise provided by law.

H. In an adoption proceeding involving a child who is an Indian child, the court-ordered mediation pursuant to Section 32A-4-29 NMSA 1978 shall not be waived and the Indian child's tribe shall be allowed to participate, whether or not the Indian child's tribe intervenes.
N.M. Stat. § 73-10-24 — NM Code / Chapter 73 / Article 10 / Section 73-10-24
§ 73-10-24. Water supply inadequate; distribution on alternate days
Status: in_force

In case the volume of water in any canal, reservoir or other works in any district shall not be sufficient to supply the continual wants of the entire district and susceptible of irrigation therefrom, then it shall be the duty of the board of directors to distribute all available water upon certain or alternate days to different localities, as they may in their judgment think best for the interests of all parties concerned.

Provided: that all water the right to the use of which is acquired by the district under any contract with the United States, shall be distributed and apportioned by the district in accordance with the acts of congress, and rules and regulations of the secretary of interior and provisions of such contract in relation thereto.
N.M. Stat. § 65-2A-11 — NM Code / Chapter 65 / Article 2A / Section 65-2A-11
§ 65-2A-11. Temporary authority
Status: in_force

A. The department may without notice grant temporary authority to an applicant for a certificate or for amendment, lease or transfer of all or part of a certificate for a period not to exceed the duration of the application process, if it finds that:

(1) the notice period for such application has not yet expired, the application is one directly involving public safety, a governmental program or a specific public event, there is an urgent and immediate public need for such service and the public may be harmed by waiting for the notice period to expire;

(2) the applicant for temporary authority has a complete application for a certificate or for amendment, lease or transfer of all or part of a certificate pending before the department;

(3) the applicant is fit to provide the transportation service requested, is able to provide any certificated service requested and is in compliance with the safety and financial responsibility requirements of the Motor Carrier Act and the rules of the department; and

(4) satisfactory proof of urgent and immediate need has been made by verified proof as the department shall by rule prescribe.

B. An applicant for temporary authority as a tariffed service carrier shall file tariffs covering the transportation services for which temporary authority is being sought.

C. If a hearing is held before a hearing examiner for any reason on an application for a certificate or for amendment, lease or transfer of all or part of a certificate or for a tariff rate increase, the applicant may move in such proceeding for a grant of temporary authority or rate approval for a period not to exceed the duration of the application process, and any protesting carrier or the traffic safety bureau of the department may move in such proceeding for reconsideration or modification of any grant of temporary authority previously granted by the department or the hearing examiner. The hearing examiner in the proceeding shall hold an expedited preliminary public hearing on the grant of temporary authority on the issues in the proceeding and the testimony evidence presented in the hearing on such procedural basis as the department shall by rule prescribe.

D. Motor carriers operating under temporary authority shall comply with the requirements of the Motor Carrier Act and the rules of the department.

E. A grant of temporary authority shall not create a presumption that permanent authority will be granted.
N.M. Stat. § 29-2-10 — NM Code / Chapter 29 / Article 2 / Section 29-2-10
§ 29-2-10. Promotions
Status: in_force

All promotions in the New Mexico state police to the rank of sergeant shall be made after written examinations. All promotions above the rank of sergeant shall be made by the chief after concurrence and approval by the secretary. The ranks of sergeant, lieutenant and captain shall be permanent unless established as an exempt rank by the chief with the concurrence of the secretary. All promotions above the rank of captain are by executive appointment of the chief with concurrence of the secretary, and those persons shall serve at the pleasure of the chief with the concurrence of the secretary.
N.M. Stat. § 59A-16-26 — NM Code / Chapter 59A / Article 16 / Section 59A-16-26
§ 59A-16-26. Insurer name; deceptive use prohibited
Status: in_force

No person who is not an insurer shall assume or use in this state any name which deceptively implies or suggests that it is an insurer.
N.M. Stat. § 35-12-12 — NM Code / Chapter 35 / Article 12 / Section 35-12-12
§ 35-12-12. Garnishment; defense to claim against garnishee
Status: in_force

In any action by a defendant against a garnishee based on any indebtedness of the garnishee or on possession of any personal property, it is a conclusive defense for the garnishee to show that the indebtedness was paid or the personal property delivered under judgment of the magistrate court in a garnishment proceeding.
N.M. Stat. § 6-15-14 — NM_STATUTES Code / Chapter 6 / Article 15 / Section 6-15-14
§ 6-15-14. Levy of taxes to pay annual installments and interest
Status: in_force

The governing body of any county, municipality or school district which shall have issued refunding bonds under the provisions of Sections 6-15-11 to 6-15-22 NMSA 1978 , shall, during each year in which any of said bonds shall be outstanding, cause an annual tax to be levied on all property in the county, municipality or school district subject to taxation, sufficient to produce one year's interest on all of said bonds then outstanding, and to pay the annual installment of the principal of said bonds that will become due and payable in the next ensuing year or the annual mandatory sinking fund requirement if the principal is to be paid from a sinking fund. Such taxes shall be levied, assessed and collected at the times and in the manner that other county, municipal or school district taxes are levied, assessed and collected, and the proceeds of such taxes shall be kept in a special fund or sinking fund to be used only for the payment of the interest on and for the redemption of such bonds.