FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 73-8-45 — NM Code / Chapter 73 / Article 8 / Section 73-8-45
§ 73-8-45. Excluding land
Status: in_force

Any tract of land included within the boundary of such district at or after its organization under this act, may be excluded therefrom, in the manner herein prescribed; but such exclusion of land from the district shall not impair or affect its organization, or its rights in or to property or any of its rights or privileges of whatever kind or nature, nor shall such exclusion affect, impair or discharge any contract, obligation, lien or charge for or upon which it would or might become liable or chargeable, had such land not been excluded from the district.
N.M. Stat. § 6-10-28 — NM_STATUTES Code / Chapter 6 / Article 10 / Section 6-10-28
§ 6-10-28. Investment of bond proceeds
Status: in_force

The state treasurer, upon order of the state board of finance, shall invest the proceeds of state revenue and general obligation bonds until the money is needed for the purpose for which the bonds were authorized and sold. Income from these investments shall be applied to payment of principal of and interest on the bonds, for the purposes for which the bonds were issued or to pay rebate, penalty, interest and other obligations of the state relating to the bonds under the Internal Revenue Code of 1986, as amended, including any regulations applicable under the code.
N.M. Stat. § 3-35-6 — NM_STATUTES Code / Chapter 3 / Article 35 / Section 3-35-6
§ 3-35-6. Hearing and determination of objections; modification, confirmation or setting aside of assessment; levy of assessments on the assessment roll
Status: in_force

A. At the time and place designated for the hearing, the governing body shall:

(1) hear and determine all objections filed in accordance with Section 3-35-5 NMSA 1978 , but it may adjourn from time to time; and

(2) in its discretion, by resolution, revise, correct, confirm or set aside any assessment and order it be made de novo.

B. The governing body shall, by ordinance referring to the assessment roll as modified or confirmed by the resolution, levy the assessments on the roll and the ordinance is a final determination of the regularity, validity and correctness of the proceedings of the assessment roll, each assessment on the roll and the amount levied on each tract or parcel of land and it is conclusive on the owners of the property assessed unless, within fifteen days of publication of the ordinance, any person who filed a written objection files an action in the district court to correct or set aside the determination, and thereafter all such actions are barred.
N.M. Stat. § 11-3A-2 — NM Code / Chapter 11 / Article 3A / Section 11-3A-2
§ 11-3A-2. Finding and declaration of necessity
Status: in_force

It is declared that:

A. unsanitary and unsafe dwelling accommodations exist in the state;

B. low- and moderate-income persons are forced to reside in unsanitary and unsafe accommodations;

C. within the state:

(1) there is a shortage of safe and sanitary dwelling accommodations available at rents that low- and moderate-income persons can afford;

(2) low- and moderate-income persons are forced to occupy overcrowded, congested dwelling accommodations; and

(3) these conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values;

D. excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities are necessitated;

E. private enterprise alone cannot meet the need or resolve the problems inherent in providing appropriate, safe, sanitary and sufficient housing for low- and moderate-income persons, and public participation in construction of low- and moderate-income housing does not compete with private enterprise;

F. demolition, replanning, reconstruction or renovation of unsanitary and unsafe housing and acquisition of land to provide safe and sanitary dwellings for low- and moderate-income persons are in the public interest and are essential state and local governmental functions requiring expenditures of public money; and

G. it is in the public interest that work on projects for demolition, planning, reconstruction, renovation and land acquisition for provision of safe and sanitary dwellings for low- and moderate-income persons be started immediately in order to relieve the housing shortage that has reached emergency status, and it is a necessity that the Regional Housing Law be continued to relieve that emergency.
N.M. Stat. § 59A-12E-5 — NM Code / Chapter 59A / Article 12E / Section 59A-12E-5
§ 59A-12E-5. Accreditation of reinsurers
Status: in_force

Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is accredited by the superintendent as a reinsurer in this state. To be eligible for accreditation, a reinsurer shall:

A. file with the superintendent evidence of its submission to the state's jurisdiction;

B. submit to the superintendent's authority to examine its books and records;

C. be licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer, be entered through and licensed to transact insurance or reinsurance in at least one state;

D. file annually with the superintendent a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and

E. demonstrate to the satisfaction of the superintendent that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers, provided that an assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount not less than twenty million dollars ($20,000,000) and its accreditation has not been denied by the superintendent within ninety days after submission of its application.
N.M. Stat. § 3-30-1 — NM Code / Chapter 3 / Article 30 / Section 3-30-1
§ 3-30-1. Bond elections; findings; qualified electors
Status: in_force

A. The legislature finds that the provisions of Article 9, Section 12 of the constitution of New Mexico regarding nonresident municipal electors violate the rights of property owners who are not qualified electors of the county where such city, town or village is situated compared to nonresident property owners who are qualified electors of the county where such city, town or village is located, and further finds that providing voting rights based on property ownership violates the franchise provisions in Article 7, Section 1 of the constitution of New Mexico .

B. Voting for all purposes in all public elections in a municipality shall be based exclusively on voter registration by qualified electors of the municipality as provided in the Municipal Code and Election Code.
N.M. Stat. § 17-4-24 — NM Code / Chapter 17 / Article 4 / Section 17-4-24
§ 17-4-24. Series of lakes may be included in one license
Status: in_force

A series or group of lakes under one proprietorship or lease and situated in a reasonable proximity to each other may be included in one license, either as a private lake or licensed preserve.
N.M. Stat. § 61-18A-27 — NM Code / Chapter 61 / Article 18A / Section 61-18A-27
§ 61-18A-27. Renewal of license; fee
Status: in_force

A. A licensee desiring renewal of the licensee's license shall, on or before November 30 of each year, file with the director an application for renewal on forms as may be designated by the director. The application shall be accompanied by the renewal fee.

B. The director shall issue a renewal license that shall be dated January 1 next ensuing and shall bear the date to and including which the license is renewed.
N.M. Stat. § 6-21-28 — NM Code / Chapter 6 / Article 21 / Section 6-21-28
§ 6-21-28. Liberal interpretation
Status: in_force

The New Mexico Finance Authority Act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of that act.
N.M. Stat. § 30-45-3 — NM Code / Chapter 30 / Article 45 / Section 30-45-3
§ 30-45-3. Computer access with intent to defraud or embezzle
Status: in_force

A person who knowingly and willfully accesses or causes to be accessed a computer, computer system, computer network or any part thereof with the intent to obtain, by means of embezzlement or false or fraudulent pretenses, representations or promises, money, property or anything of value, when the:

A. money, property or other thing has a value of two hundred fifty dollars ($250) or less, is guilty of a petty misdemeanor;

B. money, property or other thing has a value of more than two hundred fifty dollars ($250) but not more than five hundred dollars ($500), is guilty of a misdemeanor;

C. money, property or other thing has a value of more than five hundred dollars ($500) but not more than two thousand five hundred dollars ($2,500), is guilty of a fourth degree felony;

D. money, property or other thing has a value of more than two thousand five hundred dollars ($2,500) but not more than twenty thousand dollars ($20,000), is guilty of a third degree felony; or

E. money, property or other thing has a value of more than twenty thousand dollars ($20,000), is guilty of a second degree felony.
N.M. Stat. § 59A-49-8 — NM Code / Chapter 59A / Article 49 / Section 59A-49-8
§ 59A-49-8. Criminal penalties
Status: in_force

Any seller of prearranged funeral plans who sells any such plan without having been properly licensed to do so, or who violates any of the requirements of this article or any lawful regulation or order of the superintendent in connection with the sale of funeral plans, is guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). Each sale of each instrument shall be considered a separate offense, and each day in which any seller fails to comply with a lawful order of the superintendent is a separate offense. The penalties contained in this section shall be in addition to and not in lieu of any other penalties which may apply.
N.M. Stat. § 9-11-10 — NM Code / Chapter 9 / Article 11 / Section 9-11-10
§ 9-11-10. Personnel Act coverage
Status: in_force

All employment positions in the department, except for the positions of secretary and division director, are covered by and subject to the provisions of the Personnel Act. 1 The secretary is the appointing authority.
N.M. Stat. § 66-3-1010.2 — NM Code / Chapter 66 / Article 3 / Section 66-3-1010.2
§ 66-3-1010.2. Off-highway motor vehicle safety permit; requirements; issuance
Status: in_force

A person under the age of eighteen shall be required to successfully complete an off-highway motor vehicle safety training course for which the person shall have parental permission. The course shall be conducted by an off-highway motor vehicle safety training organization that is approved and certified by the department. Upon successful completion of the course, the person shall receive an off-highway motor vehicle safety permit issued by the organization.
N.M. Stat. § 7-9F-4 — NM Code / Chapter 7 / Article 9F / Section 7-9F-4
§ 7-9F-4. Administration of act
Status: in_force

The department shall administer the Technology Jobs and Research and Development Tax Credit Act pursuant to the Tax Administration Act. 1
N.M. Stat. § 1-1-10 — NM Code / Chapter 1 / Article 1 / Section 1-1-10
§ 1-1-10. Qualified political party
Status: in_force

As used in the Election Code, “qualified political party” means a political party that has complied with the provisions of Section 1-7-2 NMSA 1978 .
N.M. Stat. § 33-2-17 — NM Code / Chapter 33 / Article 2 / Section 33-2-17
§ 33-2-17. Id.; accounts; paying over funds
Status: in_force

The superintendent [warden] shall keep, or cause to be kept, in suitable books, regular and complete accounts of all income, business and concerns of the penitentiary, a true account of all money received for labor, or from other sources, and shall turn over said moneys to the state treasurer to be placed to the credit of the penitentiary convicts' earning fund.
N.M. Stat. § 7-38-41 — NM Code / Chapter 7 / Article 38 / Section 7-38-41
§ 7-38-41. Protested property taxes; suspense fund; refunds; interest
Status: in_force

A. Each county treasurer shall establish a fund to be known as the “property tax suspense fund.” The portion of any property taxes paid to the county treasurer that is not admitted to be due and is the subject of a claim for refund shall be deposited in this fund.

B. The fund shall be invested in interest-earning securities, accounts or deposits that are legal investments for county funds under the law and regulations of the department of finance and administration. The county treasurer shall keep records of interest earned by the investment of the fund.

C. If a property owner's property taxes are reduced as a result of a decrease in value of the property taxed, a change in the classification, a change in the allocation of the value of the property to a particular governmental unit or granting of a claim for an exemption ordered by a court after a claim for refund, the portion of the property taxes in controversy found to be in excess of the amount legally due and paid shall be refunded by the county treasurer to the property owner. The refund shall be made within fifteen days after the county treasurer receives a copy of the final order relating to the protest. The amount of property taxes in controversy found to be legally due and paid shall be distributed to the appropriate governmental units in accordance with the distribution regulations of the department of finance and administration. All payments authorized under this section shall be made from the property tax suspense fund.

D. In addition to the payments authorized under Subsection C of this section, the county treasurer shall pay to the property owner and the governmental units their pro rata share of interest earned by the protested taxes computed by applying the earned interest rate of the fund to the principal amounts of refund and distribution for the period of time from the date of payment into the fund until a date not more than thirty days prior to the date the actual refund payment and distribution payment are made. Payments are considered made on the date a refund payment is mailed or delivered to the property owner and on the date a transfer occurs on the county treasurer's books showing a distribution payment.

E. The department of finance and administration may authorize the transfer of any surplus interest accruing in the property tax suspense fund to the county general fund at the close of the fiscal year.
N.M. Stat. § 5-18-6 — NM Code / Chapter 5 / Article 18 / Section 5-18-6
§ 5-18-6. Hearing; formation of a district
Status: in_force

A. At the hearing on formation of a district, the governing body shall accept and pass on written and oral testimony and evidence presented in support of or in opposition to the formation of the district. After hearing the written and oral testimony, the governing body shall determine whether the district should be formed based on the interests, convenience or necessity of the owners of property in the proposed district and the citizens of the municipality or county in which the proposed district would be located.

B. If the governing body determines that the district should be formed, it shall adopt an ordinance ordering that the district be formed and identifying the method by which property owners can execute agreements to have their property included in the district. The ordinance shall state that the district will be governed by a district board consisting of members of the governing body, or upon determination of the governing body, five directors appointed by the governing body. The ordinance shall state that one or more resolutions shall be adopted by the district board to identify the property to be included in the district and the special assessment to be imposed on that property.

C. The governing body shall cause a copy of the ordinance ordering formation of the district to be delivered to the county assessor and county treasurer of the county in which the district is located, the taxation and revenue department and the local government division of the department of finance and administration.

D. Subsequent to the formation of the district, property may be included in the district by execution of an agreement by the owner of the property and the district board, agreeing to the inclusion of the property and the imposition of a special assessment on the property, and the district board shall adopt a resolution to this effect. The district shall deliver a copy of the resolution to the county assessor and county treasurer of the county in which the district is located. A copy of the resolution and a description of the property included in the district shall be recorded with the county clerk of the county in which the district is located.
N.M. Stat. § 22-8-42 — NM Code / Chapter 22 / Article 8 / Section 22-8-42
§ 22-8-42. Violation of act; penalties
Status: in_force

A. Any person violating any provision of the Public School Finance Act is guilty of a petty misdemeanor.

B. Any person diverting or expending any public school money contrary to the approved budget is, in addition to being subject to any other civil or criminal action, liable along with his sureties to the state for the amount diverted or expended.

C. Any person diverting any public school funds from the purpose for which the funds were raised or acquired, or embezzling public school funds, shall be removed from office by the court imposing the criminal penalty.

D. Any person falsifying any record, account or report required to be kept or filed pursuant to the Public School Finance Act or knowingly using any money budgeted or appropriated for public school use or for any other purposes than that provided in the appropriation or budget is guilty of a petty misdemeanor and shall, in addition to all other civil or criminal penalties, forfeit his office or employment.

E. Legal proceedings for violation of the Public School Finance Act shall be instituted by the state superintendent [secretary].

F. A certified school instructor or certified school administrator guilty of any of the violations provided by this section shall, upon conviction, have his certificate revoked by the state board [department].

G. Nothing in this section shall be interpreted to prevent the enforcement of any provision of the Public School Finance Act by means of mandamus or injunction.
N.M. Stat. § 6-4-7 — NM Code / Chapter 6 / Article 4 / Section 6-4-7
§ 6-4-7. Computer systems enhancement fund; created
Status: in_force

There is created in the state treasury the “computer systems enhancement fund”. The state treasurer shall deposit in the fund all amounts appropriated to the fund. The department of finance and administration shall administer the fund for the purpose of enhancing computer programs and systems and providing personnel support for those systems. The department is authorized to transfer any necessary federal or other state funds to serve as matching funds to carry out the purposes of the fund.
N.M. Stat. § 72-16-89 — NM Code / Chapter 72 / Article 16 / Section 72-16-89
§ 72-16-89. Issuance of interim debentures and pledge of bonds as collateral security
Status: in_force

Notwithstanding any limitation or other provision herein, whenever a majority of the qualified electors of the authority voting on a proposal to issue bonds has authorized the authority to issue bonds for any purpose herein authorized, the authority is authorized to borrow money without any other election in anticipation of taxes, the proceeds of the bonds or any other revenues of the authority, or any combination thereof, and to issue interim debentures to evidence the amount so borrowed. Interim debentures may mature at such time not exceeding a period of time equal to the estimated time needed to effect the purpose for which the bonds are so authorized to be issued, plus two years, as the board may determine. Except as otherwise provided in this section and in Sections 72-16-90 and 72-16-91 NMSA 1978 , interim debentures shall be issued as provided herein for securities in Sections 72-16-47 through 72-16-80 NMSA 1978 . Taxes, other revenues of the authority, including without limiting the generality of the foregoing, proceeds of bonds to be thereafter issued or reissued or bonds issued for the purpose of securing the payment of interim debentures may be pledged for the purpose of securing the payment of the interim debentures. Any bonds pledged as collateral security for the payment of any interim debentures shall mature at such time as the board may determine, but in no event exceeding forty years from the date of either any of such bonds or any of such interim debentures, whichever date is the earlier. Any such bonds pledged as collateral security shall not be issued in an aggregate principal amount exceeding the aggregate principal amount of the interim debenture secured by a pledge of such bonds, nor shall they bear interest at any time that with any interest accruing at the same time on the interim debenture so secured exceeds six percent per year.
N.M. Stat. § 7-38-62 — NM_STATUTES Code / Chapter 7 / Article 38 / Section 7-38-62
§ 7-38-62. Authority of department to collect delinquent property taxes after receipt of tax delinquency list; allowing an authorized county treasurer to act as an agent of the department; use of penalties, interest and costs
Status: in_force

A. After the receipt of the tax delinquency list, the department has the responsibility and exclusive authority to take all action necessary to collect delinquent taxes shown on the list. This authority includes bringing collection actions in the district courts based upon the personal liability of the property owner for taxes as well as the actions authorized in the Property Tax Code for proceeding against the property subject to the tax for collection of delinquent taxes.

B. Payment of delinquent taxes listed and any penalty, interest or costs due in connection with those taxes shall be made to the department if occurring after the receipt by the department of the tax delinquency list; however, the department may authorize county treasurers to act as its agents in accepting payments of taxes, penalties, interest or costs due to the department, including payments made pursuant to an installment agreement authorized by Section 7-38-68 NMSA 1978 .

C. Penalties, interest and costs due received by the department pursuant to Subsection B of this section shall be retained by the department for use, subject to appropriation by the legislature, in the administration of the Property Tax Code.