FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 63-9H-5 — NM Code / Chapter 63 / Article 9H / Section 63-9H-5
§ 63-9H-5. Certificate required
Status: in_force

A. No rural public telecommunications service shall be offered in this state except in accordance with the provisions of the Rural Telecommunications Act of New Mexico.

B. No rural public telecommunications service shall be offered within this state without the telecommunications carrier first having obtained from the commission a certificate declaring that the operation is in the present or future public convenience and necessity, unless the operation is otherwise authorized by the Rural Telecommunications Act of New Mexico.

C. The commission has full power and authority to determine matters of public convenience and necessity relating to the issuance of a certificate of public convenience and necessity to a provider of rural public telecommunications service, but in keeping with the purposes of the Rural Telecommunications Act of New Mexico and the federal act, the commission shall not deny an applicant a certificate on the grounds of need if it is shown that the applicant possesses adequate financial resources and technical competency to provide the service.

D. For purposes of considering and acting upon applications for certificates pursuant to this section, the commission may adopt rules on a competitively neutral basis and consistent with the provisions of the Rural Telecommunications Act of New Mexico and the federal act, necessary to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of rural public telecommunications services and safeguard the rights of the consumers.

E. In determining whether to issue a certificate to provide rural public telecommunications service, the commission shall consider the following:

(1) whether the applicant has sufficient financial resources to provide the proposed telecommunications service properly and continuously;

(2) whether the applicant has competent and experienced management and personnel to provide the proposed telecommunications service;

(3) whether the applicant is willing and able to conform to all applicable laws and the rules of the commission applicable generally to providers of telecommunications; and

(4) if any exemption, suspension or modification is available to any provider of the subject service in the subject area.

F. All certificates of public convenience and necessity shall:

(1) continue in force, notwithstanding the provisions of this section; and

(2) remain subject to all terms and conditions imposed by statute or commission order at the time of issuance or in connection with any subsequent amendment, notwithstanding the provisions of this section.
N.M. Stat. § 7-14-7 — NM_STATUTES Code / Chapter 7 / Article 14 / Section 7-14-7
§ 7-14-7. Credit against tax
Status: in_force

A. If a vehicle has been acquired through an out-of-state transaction upon which a gross receipts, sales, compensating or similar tax was levied by another state or political subdivision thereof, the amount of the tax paid may be credited against the tax due this state on the same vehicle.

B. If a vehicle has been acquired through a transaction on reservation or trust land within an Indian nation, tribe or pueblo, located wholly or partly in New Mexico, upon which a gross receipts, sales, compensating or similar tax was levied by the Indian nation, tribe or pueblo, the amount of the tax paid may be credited against the tax due this state on the same vehicle.
N.M. Stat. § 56-13-14 — NM Code / Chapter 56 / Article 13 / Section 56-13-14
§ 56-13-14. Liability of secretary of state waived
Status: in_force

The secretary of state shall not be liable to any party for the authenticity of the information provided in an effective financing statement.
N.M. Stat. § 73-9-2 — NM Code / Chapter 73 / Article 9 / Section 73-9-2
§ 73-9-2. Voting power of water users under town or village community ditches
Status: in_force

Nothing in this act shall be construed to in any manner affect the rights of water users under community ditches in towns or villages in this state as to their voting power in determining whether any such ditch shall be included in an irrigation district, and each of said water users shall have the same right and voice in determining such question and in the signing of the statement provided for in the preceding section as he has in the control and management of such ditch.
N.M. Stat. § 46-13-14 — NM Code / Chapter 46 / Article 13 / Section 46-13-14
§ 46-13-14. Disclosure of digital assets to conservator of a protected person
Status: in_force

A. After an opportunity for a hearing under Chapter 45, Article 5 NMSA 1978 , the court may grant a conservator access to the digital assets of a protected person.

B. Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator gives the custodian:

(1) a written request for disclosure in physical or electronic form;

(2) a certified copy of the court order that gives the conservator authority over the digital assets of the protected person; and

(3) if requested by the custodian:

(a) a number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or

(b) evidence linking the account to the protected person.

C. A conservator with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section shall be accompanied by a certified copy of the court order giving the conservator authority over the protected person's property.
N.M. Stat. § 27-5-16 — NM Code / Chapter 27 / Article 5 / Section 27-5-16
§ 27-5-16. Department; payments; cooperation; reporting
Status: in_force

A. The department shall not decrease the amount of any assistance payments made to the hospitals or health care providers of this state pursuant to law because of any financial reimbursement made to ambulance services, hospitals or health care providers for indigent or medicaid eligible patients as provided in the Indigent Hospital and County Health Care Act.

B. The department shall cooperate with each county in furnishing information or assisting in the investigation of any person to determine whether the person meets the qualifications of an indigent patient as defined in the Indigent Hospital and County Health Care Act.

C. The department shall provide an annual report to each county and each qualifying hospital on the previous calendar year's payments from the safety net care pool for uncompensated care to qualifying hospitals and estimated payments of enhanced medicaid base rates. The annual report for the previous year shall be provided by July 1 of the succeeding year.
N.M. Stat. § 27-4-5 — NM Code / Chapter 27 / Article 4 / Section 27-4-5
§ 27-4-5. Eligibility requirements
Status: in_force

A person is eligible for medical care under the Special Medical Needs Act if:

A. pursuant to Section 27-4-4 NMSA 1978 , the total amount of his nonexempt income is less than the applicable standard of need; and

B. nonexempt specific and total resources are less than the level of maximum permissible resources established by the board; and

C. he meets all qualifications for persons with special needs, pursuant to Section 27-4-3 NMSA 1978; and

D. within two years immediately prior to the filing of an application for assistance, he has not made an assignment or transfer of real property unless he has received a reasonable return for the real property; or, if he has not received such reasonable return, he is willing to attempt to obtain such return and, if such attempt proves futile, he is willing to attempt to regain title to the property; and

E. he is not an inmate of any public nonmedical institution at the time of receiving assistance; and

F. he is a resident of New Mexico.
N.M. Stat. § 2-3-1 — NM_STATUTES Code / Chapter 2 / Article 3 / Section 2-3-1
§ 2-3-1. New Mexico legislative council created
Status: in_force

There is created a legislative joint committee of the house and senate to be designated “the New Mexico legislative council,” composed of sixteen members, eight from the house and eight from the senate. The president pro tempore and the minority floor leader of the senate and the speaker of the house of representatives and the minority floor leader of the house shall automatically be members of the council. Six of the remaining members shall be appointed from the house of representatives by the speaker; provided that, if the minority is entitled to more than one member, the additional minority members shall be appointed by the speaker only from recommendations made by the minority floor leader, although the speaker shall retain the right to reject any such recommendations; and six of the remaining members shall be appointed from the senate by the committees' committee or, if the appointments are made in the interim, by the president pro tempore after consultation with and agreement of a majority of the members of the committees' committee. If the minority is entitled to more than one member, one of the remaining six members shall be appointed by the senate minority floor leader. The appointed members of the council shall be appointed from each house so as to give the two political parties having the most members in each house the same total proportionate representation on the council as prevails in that house; provided that in the computation, major fractions shall be counted as whole numbers, and in no event shall either of the two major parties have less than one member from each house. The members shall be appointed for terms of two years or less expiring on the first day of the regular session held in odd-numbered years. The term of any member shall terminate when such member ceases to be a member of the legislature. Provided, however, that members of the council reelected to the legislature shall continue to serve as members of the council until their successors are appointed. Vacancies on the council may be filled for the unexpired term by appointment from the house or senate respectively by the respective appointing authority which makes the original appointments and subject to the same recommendations; provided such new members must be from the same body of the legislature and the same party from which their predecessors were appointed. The council shall elect such other officers as may be deemed necessary from among its own members. The officers shall be elected for terms coterminous with their membership on the council. The speaker and the president pro tempore shall be co-chairmen of the council. No action shall be taken by the council if a majority of the total membership from either house on the council rejects such action. This 1978 amendment shall not be construed to cut short the term of any member already appointed to the council.
N.M. Stat. § 41-3-3 — NM Code / Chapter 41 / Article 3 / Section 41-3-3
§ 41-3-3. Judgment against one tortfeasor
Status: in_force

The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors.
N.M. Stat. § 35-12-6 — NM Code / Chapter 35 / Article 12 / Section 35-12-6
§ 35-12-6. Garnishment; unmatured debts
Status: in_force

Debts not yet due to the defendant may be garnished, but no execution shall be awarded against the garnishee for such debts until they become due. The magistrate may order the defendant to deliver the evidence of such indebtedness to the court. If the defendant alleges an endorsement or delivery of the evidence before the court's order came to his knowledge, the court may inquire into the consideration and good faith of the transfer and, if the court determines that the endorsee or transferee holds by fraudulent endorsement or delivery, it may order delivery of the evidence to the court. When any evidence of indebtedness is delivered to the court under this section, the court shall notify any endorsers of its nonpayment at maturity, and the garnishment proceedings shall remain open until it becomes due.
N.M. Stat. § 31-16-8 — NM Code / Chapter 31 / Article 16 / Section 31-16-8
§ 31-16-8. Payment of costs, expenses and attorney fees
Status: in_force

A. Payments of costs, expenses and attorney fees under the Indigent Defense Act shall be made from:

(1) funds appropriated to the supreme court with respect to habeas corpus matters initiated in that court; and

(2) funds appropriated to the district court with respect to all stages of proceedings initiated in the district court.

B. The court assigning counsel under the Indigent Defense Act shall pay costs, including the costs of transcripts where appropriate, shall reimburse counsel for direct expenses the court determines to have been properly incurred by him and shall pay to counsel fees:

(1) for services in magistrate courts and district courts where the proceedings are terminated prior to trial in the district court, a sum fixed by the court at not less than one dollar ($1.00) nor more than three hundred dollars ($300);

(2) for services in magistrate courts and district courts which include trial in the district court and, where appropriate, filing notice of appeal, a sum fixed by the court at not less than one dollar ($1.00) nor more than four hundred dollars ($400);

(3) for services in postconviction remedy proceedings in the district court, a sum fixed by the court at not less than one dollar ($1.00) nor more than one hundred fifty dollars ($150);

(4) for services in prosecuting any appeal or review in the court of appeals or the supreme court, a sum fixed by the court at not less than one dollar ($1.00) nor more than five hundred dollars ($500);

(5) for services in habeas corpus proceedings in the supreme court, a sum fixed by the court at not less than one dollar ($1.00) nor more than one hundred fifty dollars ($150); and

(6) for services in any case involving a capital offense, a sum fixed by the court.
N.M. Stat. § 7-12-6 — NM_STATUTES Code / Chapter 7 / Article 12 / Section 7-12-6
§ 7-12-6. Waiver of requirement that stamps be affixed
Status: in_force

The requirement imposed in Section 7-12-5 NMSA 1978 that stamps be affixed to packages or containers of cigarettes is waived if the cigarettes are:

A. distributed by a manufacturer pursuant to federal regulations and are exempt from tax pursuant to 26 U.S.C. 5704 ; and

B. not subsequently imported into New Mexico.
N.M. Stat. § 58-11-44 — NM Code / Chapter 58 / Article 11 / Section 58-11-44
§ 58-11-44. Trust accounts
Status: in_force

A. Share accounts and deposit accounts may be owned by a member in trust for a beneficiary or owned by a non-member in trust for a beneficiary who is a member.

B. Beneficiaries may be minors, but no beneficiary, unless a credit union member, shall be permitted to vote, obtain loans, hold office or be required to pay a membership fee.

C. Payment of part or all of a trust account to the party in whose name the account is held shall, to the extent of that payment, discharge the liability of the credit union to that party and to the beneficiary, and the credit union shall be under no obligation to see to the application of that payment.

D. In the event of the death of the party who owns a trust account, if the credit union has been given no other written notice of the existence or terms of any trust and has not received a court order as to disposition of the account, account funds and any dividends or interest thereon shall be paid to the beneficiary.
N.M. Stat. § 4-56-2 — NM Code / Chapter 4 / Article 56 / Section 4-56-2
§ 4-56-2. County may collect and dispose of all refuse
Status: in_force

A. A county may establish and maintain, manage and supervise a system of storage, collection and disposal of all refuse. The board of county commissioners may appropriate money for:

(1) the lease, purchase or condemnation of such lands or rights-of-way as are necessary for the storage, collection and disposal of refuse;

(2) the planning, construction, improvement, operation and maintenance of such structures and equipment as may be necessary for the storage, collection and disposal of refuse;

(3) the compensation of the necessary employees;

(4) the payment of the cost of contracting on behalf of the county for the collection and disposal of refuse by any firm, corporation or individual.
N.M. Stat. § 67-3-42 — NM Code / Chapter 67 / Article 3 / Section 67-3-42
§ 67-3-42. Bridges considered part of highway
Status: in_force

For the purposes of Chapter 67 NMSA 1978 , necessary bridges, culverts and other appertaining structures on any highway shall be considered a part of such highway. Not more than fifty percent of the cost of all construction or improvement of highways, under the provisions of Chapter 67 NMSA 1978 , shall be paid by the state and not less than fifty percent by the county in which such work is done, except where such work is done by the state transportation commission without the use of county funds.
N.M. Stat. § 24-1-11 — NM_STATUTES Code / Chapter 24 / Article 1 / Section 24-1-11
§ 24-1-11. Reporting of blood tests
Status: in_force

In reporting every birth and stillbirth, physicians and others required to make such reports shall state on the certificate whether a blood test for syphilis has been made upon a specimen of blood taken from the mother of the child for which a birth or stillbirth certificate is filed and the approximate date when the specimen was taken.
N.M. Stat. § 22-8B-1 — NM Code / Chapter 22 / Article 8B / Section 22-8B-1
§ 22-8B-1. Short title
Status: in_force

Chapter 22, Article 8B NMSA 1978 may be cited as the “Charter Schools Act”.
N.M. Stat. § 3-53-3 — NM Code / Chapter 3 / Article 53 / Section 3-53-3
§ 3-53-3. Irrigation; regulation of public acequias
Status: in_force

A municipality may regulate the flow and use of water in public acequias for irrigating purposes.
N.M. Stat. § 9-16-1 — NM_STATUTES Code / Chapter 9 / Article 16 / Section 9-16-1
§ 9-16-1. Short title
Status: in_force

Sections 17 through 29 of this act may be cited as the “Regulation and Licensing Department Act”.
N.M. Stat. § 3-38A-7 — NM Code / Chapter 3 / Article 38A / Section 3-38A-7
§ 3-38A-7. Collection of delinquencies; civil penalty
Status: in_force

A. A proprietor is liable for the payment of any amount of the hospitality fee proceeds the proprietor has failed to remit to the municipality.

B. A municipality shall provide by ordinance for a civil penalty for failure to remit the hospitality fee due in an amount equal to the greater of ten percent of the amount of the hospitality fee that was not remitted to the municipality or one hundred dollars ($100).

C. The municipality may bring an action in law or equity in the district court for the collection of any amount of hospitality fee due, including without limitation penalties on that amount, interest on the unpaid principal amount at a rate of not exceeding one percent a month, the costs of collection and reasonable attorney fees incurred in connection with such an action.
N.M. Stat. § 22-14-29 — NM Code / Chapter 22 / Article 14 / Section 22-14-29
§ 22-14-29. Hearings
Status: in_force

The commission shall provide an opportunity for a fair hearing to any licensed vending stand operator dissatisfied with any action arising from the operation or administration of the vending stand program.
N.M. Stat. § 66-12-6.7 — NM Code / Chapter 66 / Article 12 / Section 66-12-6.7
§ 66-12-6.7. Dealer license denial, suspension and revocation
Status: in_force

The motor vehicle division of the taxation and revenue department may deny, suspend or revoke a dealer license for:

A. a material misrepresentation communicated by a dealer to the motor vehicle division;

B. a lack of fitness as proscribed by rule of the motor vehicle division; or

C. a willful violation of a federal or state law relating to the sale, distribution, financing, registration, taxing or insuring of motorboats.
N.M. Stat. § 56-1-11 — NM Code / Chapter 56 / Article 1 / Section 56-1-11
§ 56-1-11. Consent to discontinuance
Status: in_force

In the enforcement of this act, the attorney general of the state of New Mexico or with his consent a district attorney may accept an assurance of discontinuance of any act or practice deemed in violation of this act, from any person engaging in, or who has engaged in, such act or practice. Any such assurance shall be in writing and be filed with and subject to the approval of the district court of the county in which the alleged violator resides or has his principal place of business. Failure to perform the terms of any such assurance shall constitute prima facie proof of a violation of this act for the purpose of securing any injunction as provided in Section 10 of this act and for the purpose of Section 9 hereof. After commencement of any action by a district attorney, the attorney general may not accept an assurance of discontinuance without the consent of the district attorney.
N.M. Stat. § 4-23-1 — NM Code / Chapter 4 / Article 23 / Section 4-23-1
§ 4-23-1. County boundaries
Status: in_force

That there be and is hereby created a county, to be known as and called the county of Sandoval, out of that portion of the territory of New Mexico included within the following boundaries, to wit:

beginning at a point three miles north of the southwest corner of township twenty-three north, of range seven west of the New Mexico principal meridian, according to the public land surveys of the United States, and running thence east along the line three miles north of the line between townships twenty-two and twenty-three north to the said principal meridian, which line shall form a part of the southern boundary of Rio Arriba county; thence south along said principal meridian to the fifth standard parallel north; thence east along said fifth standard parallel north to the range line between ranges six and seven east at the northwest corner of township twenty north in range seven east; thence south along said range line between ranges six and seven east; the same being the western boundary of Santa Fe county, to the southeast corner of township twelve north in range six east of said principal meridian; thence west along the township line between townships eleven and twelve north, said line being the northern boundary of Bernalillo county, to the boundary line of Valencia county at the northwestern corner of Bernalillo county; thence in a northwesterly direction along the boundary line of Valencia county to the third standard parallel north; thence west along said third standard parallel north, to the southeastern corner of McKinley county; thence north and along the eastern boundary line of McKinley county to the fifth standard parallel north at the southwest [northwest] corner of township twenty-one [twenty] north in range four west; thence west along said fifth standard parallel north to the southeast corner of San Juan county at the southwest corner of township twenty-one north in range seven west, and thence north along the range line between ranges seven and eight west, said line being the easterly boundary of San Juan county, to the place of beginning.
N.M. Stat. § 57-2B-10 — NM Code / Chapter 57 / Article 2B / Section 57-2B-10
§ 57-2B-10. Sale outside of New Mexico
Status: in_force

Nothing in the Fire-Safer Cigarette and Firefighter Protection Act shall be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 3 of that act if the cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in New Mexico.