FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 30-12-11 — NM Code / Chapter 30 / Article 12 / Section 30-12-11
§ 30-12-11. Right of privacy; damages
Status: in_force

A. Any person whose wire or oral communication is intercepted, disclosed or used in violation of this act shall:

(1) have a civil cause of action against any person who intercepts, discloses or uses, or procures any other person to intercept, disclose or use such communications; and

(2) be entitled to recover from any such person actual damages, but not less than liquidated damages computed at the rate of one hundred dollars ($100) for each day of violation or one thousand dollars ($1,000), whichever is higher; punitive damages; and a reasonable attorney's fee and other litigation costs reasonably incurred.

B. A good faith reliance on a court order or on the provisions of this act shall constitute a complete defense to any civil or criminal action.

C. Any communications common carrier which in good faith acts in reliance upon a court order or in compliance with any of the provisions of this act shall not be liable for any civil or criminal action.
N.M. Stat. § 30-4-1 — NM Code / Chapter 30 / Article 4 / Section 30-4-1
§ 30-4-1. Kidnapping
Status: in_force

A. Kidnapping is the unlawful taking, restraining, transporting or confining of a person, by force, intimidation or deception, with intent:

(1) that the victim be held for ransom;

(2) that the victim be held as a hostage or shield and confined against his will;

(3) that the victim be held to service against the victim's will; or

(4) to inflict death, physical injury or a sexual offense on the victim.

B. Whoever commits kidnapping is guilty of a first degree felony, except that he is guilty of a second degree felony when he voluntarily frees the victim in a safe place and does not inflict physical injury or a sexual offense upon the victim.
N.M. Stat. § 14-5-8 — NM Code / Chapter 14 / Article 5 / Section 14-5-8
§ 14-5-8. Replacement of recovered document
Status: in_force

Records recovered by any public officer or duplicated by the public officer pursuant to the Public Records Recovery Act shall immediately be returned to the official custodian entitled to possession of the record. Prior to replacing the recovered documents, the public officer shall attach a certificate to each of them in a manner that it cannot be removed without destruction of the document stating the date on which the documents were recovered and the name of the person who had possession of the original or copy, the statement under oath of the person who had possession as to the authenticity of the original or copy, and if possible attesting to the belief of the public officer that the recovered documents are previously missing public records, or true copies of them.
N.M. Stat. § 59A-45-8 — NM Code / Chapter 59A / Article 45 / Section 59A-45-8
§ 59A-45-8. Additional requirements
Status: in_force

The following additional provisions shall be applicable to an insurance premium finance agreement:

A. a premium finance company shall not charge, contract for, receive or collect a rate other than permitted pursuant to this article;

B. the rate is to be computed on the balance of the premium due, after subtracting the down payment made by the insured in accordance with the premium finance agreement, from the effective date of the insurance coverage for which premiums are being advanced, to and including the date when the final installment of the premium finance agreement is payable;

C. nothing contained in this article shall limit or restrict the manner of calculating the interest charges whether by way of add-on, discount, simple annual rate or otherwise, so long as the rate of interest charge does not exceed that permitted pursuant to this article. If the loan is a precomputed loan transaction:

(1) the interest charge may be calculated on the assumption that all scheduled payments will be made when due; and

(2) the effect of prepayment is governed by the provisions on rebate upon prepayment in this section;

D. if the entire unpaid balance outstanding on a precomputed loan transaction is paid by cash, renewal or otherwise, at any time prior to maturity, the premium finance company shall give a refund or credit of the unearned portion of such charge, according to the rule commonly known as “the rule of 78's”, which refund or credit shall represent at least as great a portion of the original charge as the sum of the consecutive balances of the contract scheduled to be outstanding after the date of prepayment bears to the sum of all the consecutive monthly balances of the contract scheduled to be outstanding under the schedule of payments in the original instrument or instruments evidencing the loan; except, that if the contract is prepaid in cash rather than renewed or refinanced, the premium finance company shall not be required to make a refund or credit if the amount, computed as herein set forth, would be less than one dollar ($1) for each loan prior to the maturity;

E. in precomputed loan transactions where the insurer and the premium finance company execute an extension agreement for the deferral of an installment payment, the premium finance company may make an interest charge on the monthly installment that is deferred at a rate not exceeding one percent per month for each month or portion thereof that the payment has been deferred; and

F. for repayment in greater or lesser periods or amounts, or in unequal, irregular or other than monthly installment, the rate may be computed at an equivalent effective rate having due regard for the installments as scheduled.
N.M. Stat. § 27-2C-7 — NM_STATUTES Code / Chapter 27 / Article 2C / Section 27-2C-7
§ 27-2C-7. Rulemaking
Status: in_force

The department shall adopt rules to implement the provisions of the Pharmaceutical Supplemental Rebate Act.
N.M. Stat. § 28-1-7.1 — NM Code / Chapter 28 / Article 1 / Section 28-1-7.1
§ 28-1-7.1. Prohibiting discrimination against seniors in certain volunteer service
Status: in_force

The state or a political subdivision of the state shall not exclude a person older than sixty years of age from volunteer service as long as the person is physically, mentally and professionally capable of performing the services involved. For the purposes of this section, “ professionally capable ” means having the ability to demonstrate reasonable proficiency and having any relevant certification in accordance with the laws, rules or technical standards that may govern the particular profession.
N.M. Stat. § 6-21-16 — NM_STATUTES Code / Chapter 6 / Article 21 / Section 6-21-16
§ 6-21-16. Bond anticipation notes
Status: in_force

The authority is authorized to issue negotiable bond anticipation notes and may renew the same from time to time, but the maximum maturity of such notes, including renewals of such notes, shall not exceed ten years from the date of issue of the original notes. The notes shall be payable from any money of the authority available for them and not otherwise pledged from loans to or securities issued by a qualified entity or from the proceeds of sale of the bonds of the authority, the state or a qualified entity in anticipation of which such notes were issued. The notes may be issued for any purpose of the authority. All such notes shall be issued and secured and shall be subject to the provisions of the New Mexico Finance Authority Act in the same manner and to the same extent as bonds issued pursuant to the New Mexico Finance Authority Act.
N.M. Stat. § 73-12-38 — NM Code / Chapter 73 / Article 12 / Section 73-12-38
§ 73-12-38. Authority to sign petition of protest
Status: in_force

A guardian, conservator or personal representative of an estate, who is appointed as such under the laws of this state, and who, as such guardian, conservator or personal representative is entitled to the possession of the lands belonging to the estate which he represents, may on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign any petition or protest in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the district should not be changed or additional lands included therein.
N.M. Stat. § 12-5-7 — NM_STATUTES Code / Chapter 12 / Article 5 / Section 12-5-7
§ 12-5-7. Bataan Day
Status: in_force

In honor of the brave and patriotic New Mexicans composing the 200th and 515th Coast Artillery Regiments (anti-aircraft) who served in the Philippine Islands during World War Two, fighting insuperable odds and enduring every deprivation, and who, following surrender, entered upon a tragic “death march,” the day of April 9 is designated “Bataan Day.”
N.M. Stat. § 21-30-6 — NM Code / Chapter 21 / Article 30 / Section 21-30-6
§ 21-30-6. Authorization of surcharge and other fees; use of proceeds; transfer
Status: in_force

A. The board may establish by resolution an athletic facility surcharge of not less than five percent but not to exceed twenty-five percent of the revenues received by a vendor pursuant to each vendor contract entered into by the university.

B. The athletic facility surcharge shall be imposed only for the period necessary for payment of principal and interest on the bonds issued to accomplish the purpose for which the revenue is dedicated, but the period shall not exceed thirty years from the date of the resolution imposing the surcharge.

C. A university that has established an athletic facility surcharge shall include the surcharge in the terms of each vendor contract into which it enters.

D. A university may establish charges and fees deemed necessary by the board or the president for the use, operation or management of a university athletic facility by a person other than the university.
N.M. Stat. § 7-7-17 — NM Code / Chapter 7 / Article 7 / Section 7-7-17
§ 7-7-17. Payment of estate tax in works of art
Status: in_force

A decedent's estate may pay all or part of any tax owed by the decedent's estate to the state by payment in the form of one or more works of art in the manner provided by the Art Acceptance Act, provided:

A. the decedent has so directed by a will; or

B. in the absence of a direction in the decedent's will, the personal representative finds that this method of payment is advantageous to the estate.
N.M. Stat. § 72-8-5 — NM Code / Chapter 72 / Article 8 / Section 72-8-5
§ 72-8-5. Diversion of water to other valleys; penalty
Status: in_force

It shall be unlawful for any person, company or corporation to divert the waters of any public stream in New Mexico for use for reservoirs or other purposes in a valley other than that of any such stream, to the impairment of valid and subsisting prior appropriations of such waters.

Any violator of this section, shall upon conviction be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisonment in the county jail for not less than one month nor more than three months, or both, in the discretion of the court.
N.M. Stat. § 60-6E-12 — NM Code / Chapter 60 / Article 6E / Section 60-6E-12
§ 60-6E-12. Advisory committee; duties
Status: in_force

The alcohol server education advisory committee shall assist the division with development of:

A. standards, course requirements and materials for the program;

B. procedures attendant to the program;

C. certification standards for providers and instructors; and

D. certification of alcohol server education programs that meet the minimum standards of the alcohol server education advisory committee.
N.M. Stat. § 68-2-8 — NM Code / Chapter 68 / Article 2 / Section 68-2-8
§ 68-2-8. Forestry division responsibility for statewide forest fire protection and forest conservation; authority; police power
Status: in_force

A. The forestry division of the energy, minerals and natural resources department is responsible for the conservation of forests and forest resources and the prevention and suppression of forest fires on all nonfederal, nonmunicipal lands in the state. The division, whether independently or in cooperation with federal, state or local agencies, is authorized to:

(1) conserve forests and forest resources;

(2) maintain and improve forest health;

(3) prevent, control and suppress forest fires;

(4) conduct forest fire suppression rehabilitation and repair;

(5) conduct post-fire slope stabilization, erosion control, riparian restoration, seeding and reforestation of burned areas;

(6) research forestry and forest fires;

(7) prescribe uses of fires;

(8) conduct urban and community forestry;

(9) establish and support nurseries;

(10) furnish forestry and forest fire-related technical advice to the people of the state, including technical advice and projects related to the mitigation of or adaptation to changing climatic conditions; and

(11) provide financial, technical and related assistance to local governments to organize, train and equip local firefighters to prevent, control and suppress forest fires threatening the natural resources of rural forest areas or communities.

B. The forestry division and the division's agents:

(1) shall have unrestricted access to private and state lands, including the use of roads and trails to carry out forest fire suppression work; and

(2) shall not be liable to civil action for trespass or for damages for acts done in the course of their official duties unless otherwise expressly provided by contract or agreement with the landowner, which contract or agreement is made pursuant to the provisions of the Forest Conservation Act.

C. The police power of the state shall extend to such control of private forest lands as is necessary for the suppression of forest fires.

D. The authorization provided in Subsection A of this section with respect to forest conservation, fire prevention and post-fire forest rehabilitation activities, but not forest fire suppression activities, is to be exercised in cooperation and pursuant to an agreement with the underlying landowner or land manager.
N.M. Stat. § 12-10A-17 — NM_STATUTES Code / Chapter 12 / Article 10A / Section 12-10A-17
§ 12-10A-17. Rulemaking
Status: in_force

The secretary of public safety, the secretary of health, the state director and, where appropriate, other affected state agencies in consultation with the secretaries and state director, shall promulgate and implement rules that are reasonable and necessary to implement and effectuate the Public Health Emergency Response Act.
N.M. Stat. § 7-9-9 — NM Code / Chapter 7 / Article 9 / Section 7-9-9
§ 7-9-9. Liability of user for payment of compensating tax
Status: in_force

Any person in New Mexico using property on the value of which compensating tax is payable but has not been paid is liable to the state for payment of the compensating tax, but this liability is discharged if the buyer has paid the compensating tax to the seller for payment over to the department.
N.M. Stat. § 30-38-1 — NM Code / Chapter 30 / Article 38 / Section 30-38-1
§ 30-38-1. Outdoor motion picture theatres; prohibited from showing obscene films
Status: in_force

A. It is unlawful for the owner or operator of an outdoor motion picture theatre to exhibit any obscene film in an outdoor theatre.

B. For purposes of this section, “obscene film” means a film that:

(1) the average person applying contemporary community standards would find that, when considered or taken as a whole, appeals to the prurient interests;

(2) the material depicts or describes sexual conduct in a patently offensive way by representations of ultimate sexual acts, normal or perverted, actual or simulated; masturbation, excretory functions or lewd exhibitions of the genitals of oneself or another; tactile stimulation of the genitals of oneself or another; and

(3) the work when considered or taken as a whole lacks serious literary, artistic, political or scientific value.

C. It is unlawful for any person to violate the provisions of Subsection A of this section. In the event a person violates the provisions of Subsection A of this section any representative of the local government involved may, upon notice to the offending person, seek an injunction in the district court to enjoin the showing of the offending film.
N.M. Stat. § 47-1-32 — NM Code / Chapter 47 / Article 1 / Section 47-1-32
§ 47-1-32. “Grant” effective as a word of conveyance
Status: in_force

In a conveyance of real estate the word “grant” shall be a sufficient word of conveyance without the use of the words “give, bargain, sell and convey” and no covenant shall be implied from the use of the word, “grant.”
N.M. Stat. § 1-11-6 — NM Code / Chapter 1 / Article 11 / Section 1-11-6
§ 1-11-6. Voting machines; manner of preparing
Status: in_force

When preparing, inspecting and sealing voting machines, the county clerk shall:

A. certify to the secretary of state and the county chair of each political party participating in the election the type and serial number of each voting machine intended to be used in each polling location, by precinct number, where applicable;

B. prepare, in the presence of those persons entitled to be present, the electronic voting machines for the election as follows:

(1) all public, candidate and question counters shall be set at zero;

(2) each such counter shall be tested for accuracy by casting votes upon it until it correctly registers each vote cast;

(3) each such counter shall be reset at zero and the voting machine shall be immediately sealed with a numbered metal seal so as to prevent operation of the machine or its registering counters without breaking the seal; and

(4) on the certificate for that voting machine there shall be recorded:

(a) the number on the seal; and

(b) the reading shown on the protective counter; and

C. seal and retain the logic and accuracy test printout, known as the internal audit trail, until it may be disposed of pursuant to Section 1-12-69 NMSA 1978 .
N.M. Stat. § 61-3-24 — NM Code / Chapter 61 / Article 3 / Section 61-3-24
§ 61-3-24. Renewal of licenses
Status: in_force

A. Any person licensed pursuant to the provisions of the Nursing Practice Act who intends to continue practice shall renew the license every two years by the end of the applicant's renewal month and shall show proof of continuing education as required by the board except when on active military duty during a military action.

B. Upon receipt of the application and, except as provided in Section 61-1-34 NMSA 1978 , a fee, in an amount not to exceed one hundred ten dollars ($110), a license valid for two years shall be issued.

C. Upon receipt of the application and any required fee, the board shall verify the licensee's eligibility for continued licensure and issue to the applicant a renewal license for two years.

D. A person who allows a license to lapse shall be reinstated by the board on payment of any required fee for the current two years plus a reinstatement fee not to exceed two hundred dollars ($200), provided that all other requirements are met.
N.M. Stat. § 59A-30A-11 — NM Code / Chapter 59A / Article 30A / Section 59A-30A-11
§ 59A-30A-11. Nonduplication of recovery
Status: in_force

A person having a claim under any other title insurance policy that is not an insolvent insurer's policy, which is also a covered claim, shall first exhaust his rights under such other title insurance policy. An amount payable for a covered claim shall be reduced by the amount of any recovery under such other title insurance policy.
N.M. Stat. § 14-3-8 — NM_STATUTES Code / Chapter 14 / Article 3 / Section 14-3-8
§ 14-3-8. Records center
Status: in_force

A records center is established in Santa Fe under the supervision and control of the administrator. The center, in accordance with the regulations established by the administrator and the commission, shall be the facility for the receipt, storage or disposition of all inactive and infrequently used records of present or former state agencies or former territorial agencies which at or after the effective date of this act may be in custody of any state agency or instrumentality, and which are not required by law to be kept elsewhere, or which are not ordered destroyed by the commission.

Records required to be confidential by law and which are stored in the center shall be available promptly when called for by the originating agency, but shall not be made available for public inspection except as provided by law. All other records retained by the center shall be open to the inspection of the general public, subject to reasonable rules and regulations prescribed by the administrator. Facilities for the use of these records in research by the public shall be provided in the center.
N.M. Stat. § 24-6B-12 — NM Code / Chapter 24 / Article 6B / Section 24-6B-12
§ 24-6B-12. Search and notification
Status: in_force

A. The following persons shall make a reasonable search of an individual who the person reasonably believes is dead or near death for a document of gift or other information identifying the individual as a donor or as an individual who made a refusal:

(1) a law enforcement officer, firefighter, paramedic or other emergency rescuer finding the individual; and

(2) if no other source of the information is immediately available, a hospital, as soon as practical after the individual's arrival at the hospital.

B. If a document of gift or a refusal to make an anatomical gift is located by the search required by Paragraph (1) of Subsection A of this section and the individual or deceased individual to whom it relates is taken to a hospital, the person responsible for conducting the search shall send the document of gift or refusal to the hospital.

C. A person is not subject to criminal or civil liability for failing to discharge the duties imposed by this section but may be subject to administrative sanctions.
N.M. Stat. § 10-11-14.6 — NM_STATUTES Code / Chapter 10 / Article 11 / Section 10-11-14.6
§ 10-11-14.6. Calculation of final average salary
Status: in_force

Under the Public Employees Retirement Act:

A. for a member who was a member on June 30, 2013, the final average salary is one thirty-sixth of the greatest aggregate amount of salary paid a member for thirty-six consecutive, but not necessarily continuous, months of service credit; and

B. for a member who was not a member on June 30, 2013, the final average salary is one-sixtieth of the greatest aggregate amount of salary paid a member for sixty consecutive, but not necessarily continuous, months of service credit.