FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 59A-41-55 — NM Code / Chapter 59A / Article 41 / Section 59A-41-55
§ 59A-41-55. Summary proceedings; seizure under superintendent's order
Status: in_force

A. If it appears to the superintendent that the interests of policyholders, creditors or the public will be jeopardized by delay incident to requesting a court seizure order, then on any ground which would justify a court seizure order under Section 59A-41-54 NMSA 1978 , and without notice and without applying to the court, the superintendent may issue a seizure order which must contain a statement verified by him of the grounds for his action. As directed by the seizure order, the superintendent's representatives shall forthwith take possession and control of all or part of the property, books, accounts and records of the insurer and of the premises in this state occupied by the insurer for transaction of its business. The superintendent shall retain possession and control until the order is vacated or is replaced by an order of court pursuant to Subsection B of this section, or pursuant to a formal proceeding under Chapter 59A, Article 41 NMSA 1978 .

B. At any time after seizure under Subsection A of this section, the insurer may apply to the district court for Santa Fe county. The court shall thereupon order the superintendent to appear forthwith and shall thereafter proceed as if the order were a court seizure order issued under Section 59A-41-54 NMSA 1978 .

C. Every peace officer of this state shall assist the superintendent in making and enforcing any such seizure, and every sheriff and police department shall furnish the superintendent with such deputies, patrolmen or officers as may be necessary for the purpose.

D. Entry of a seizure order under this section does not constitute an anticipatory breach of any contract of the insurer.
N.M. Stat. § 9-5B-10 — NM_STATUTES Code / Chapter 9 / Article 5B / Section 9-5B-10
§ 9-5B-10. Fund created; disposition
Status: in_force

A. The “New Mexico youth conservation corps fund” is created in the state treasury. All appropriations, gifts, devises, grants and donations received shall be deposited in the fund. Money in the fund is appropriated to the commission for the purpose of carrying out the provisions of the New Mexico Youth Conservation Corps Act. Any interest accruing to the fund shall remain in the fund. Money in the fund shall not revert at the end of a fiscal year.

B. The fund shall be administered by the department. Disbursements from the fund shall be made only upon warrant drawn by the secretary of finance and administration pursuant to vouchers signed by the chairman of the commission or his designee for the purpose of carrying out the provisions of the New Mexico Youth Conservation Corps Act.
N.M. Stat. § 6-13-7 — NM_STATUTES Code / Chapter 6 / Article 13 / Section 6-13-7
§ 6-13-7. Proceeds from sale of bonds; building and improvement fund; expenditures
Status: in_force

That the proceeds from the sale of said bonds shall be paid to the secretary and treasurer of the board issuing same, and shall by such secretary and treasurer be placed in a separate fund to be known as “building and improvement fund” to be used and paid out only for the specific purposes in this act enumerated upon order of the board, or checks signed by the president or vice-president of the board and by the secretary and treasurer thereof, except such portion thereof as may have been received on account of accrued interest of said bonds to date of delivery, which amount shall be placed in the “interest and retirement fund” for the liquidation of said bonds as hereinafter provided. The cost of preparing, advertising and selling said bonds, including any necessary expense for legal opinions thereon, shall be paid out of the proceeds of the sale of said bonds.
N.M. Stat. § 27-14-8 — NM Code / Chapter 27 / Article 14 / Section 27-14-8
§ 27-14-8. Rights of the parties to qui tam actions
Status: in_force

A. If the department proceeds with the action, it shall have the exclusive responsibility for prosecuting the action and shall not be bound by an act of the person bringing the action. The person bringing the action shall have the right to continue as a nominal party to the action and shall not have the right to participate in the litigation except as a witness.

B. The department may dismiss the action, pursuant to Subsection F of Section 7 of the Medicaid False Claims Act, notwithstanding the objections of the person bringing the action if the person has been notified by the department of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion.

C. The department may settle the action with the defendant, pursuant to Subsection F of Section 7 of the Medicaid False Claims Act, notwithstanding the objections of the person bringing the action if the court determines, after the hearing, that the proposed settlement is fair, adequate and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera.

D. If the state elects not to proceed with the action, the person bringing the action shall have the right to conduct the action. If the department requests, it shall be served with copies of the pleadings filed in the action and shall be supplied with copies of all deposition transcripts at the department's expense. When a person proceeds with the action, the court, without limiting the status and rights of the person bringing the action, may allow the department to intervene at a later date upon a showing of good cause.

E. Whether or not the department proceeds with the action, upon a showing by the department that certain actions of discovery by the person bringing the action would interfere with the department's investigation or prosecution of a civil matter arising out of the same facts, the court may stay such discovery for a period not to exceed sixty days. Such a showing shall be conducted in camera. The court may extend the sixty-day period upon a further showing in camera that the department has pursued the civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing civil investigation or proceedings.
N.M. Stat. § 24-1-18 — NM_STATUTES Code / Chapter 24 / Article 1 / Section 24-1-18
§ 24-1-18. Inspection searches
Status: in_force

A. Upon sufficient showing that consent to an inspectorial search has been refused or is otherwise unobtainable within a reasonable period of time, an inspection officer may make application for an inspection order. Such application shall be made to a district court judge having jurisdiction over the premises or vehicle to be searched or an administrative official authorized by statute or ordinance to issue inspection orders.

B. The application shall be granted and the inspection order issued upon a sufficient showing that inspection in the area in which the premises or vehicles in question are located, or inspection of the particular premises or vehicles, is in accordance with reasonable legislative or administrative standards, and that the circumstances of the particular inspection for which application is made are otherwise reasonable. The issuing authority shall make and keep a record of the proceedings on the application, and enter thereon his finding in accordance with the requirements of this section.

C. The inspection officer executing the order shall, if the premises or vehicle in question are unoccupied at the time of execution, be authorized to use such force as is reasonably necessary to effect entry and make the inspection.

D. The officer conducting the search shall, if authorized by the issuing authority on proper showing, be accompanied by one or more law enforcement officers authorized to serve search warrants who shall assist the inspection officer in executing the order at his direction.

E. After execution of the order or after unsuccessful efforts to execute the order, as the case may be, the inspection officer shall return the order to the issuing authority with a sworn report of the circumstances of execution or failure thereof.
N.M. Stat. § 8-5-18 — NM Code / Chapter 8 / Article 5 / Section 8-5-18
§ 8-5-18. Guadalupe Hidalgo treaty division
Status: in_force

A. The “Guadalupe Hidalgo treaty division” is created within the office of the attorney general. The division shall review, oversee and address concerns relating to the provisions of the Treaty of Guadalupe Hidalgo that have not been implemented or observed in the spirit of Article 2, Section 5 of the constitution of New Mexico and Section 47-1-25 NMSA 1978 .

B. The division shall consist of such personnel and have such duties as the attorney general shall designate.

C. The attorney general shall report the findings and recommendations of the division to the legislature annually.
N.M. Stat. § 9-15-18 — NM Code / Chapter 9 / Article 15 / Section 9-15-18
§ 9-15-18. Proprietary information
Status: in_force

A. Any information obtained by the technology enterprise division that is deemed by the director to be proprietary technical or business information shall be held in confidence. Proprietary technical or business information shall not be deemed a public record under the Public Records Act 1 or be open to inspection under Section 14-2-1 NMSA 1978 . The technology enterprise division shall take such steps as are necessary to safeguard the confidentiality of the information.

B. Notwithstanding Sections 10-15-1 through 10-15-4 NMSA 1978 or any other law requiring meetings of public bodies to be open to the public, meetings of the commission shall be closed when proprietary technical or business information is discussed.
N.M. Stat. § 22-34-5 — NM Code / Chapter 22 / Article 34 / Section 22-34-5
§ 22-34-5. School diabetes care
Status: in_force

A. A governing body shall ensure that all students with diabetes receive appropriate and needed diabetes care as specified in students' diabetes medical management plans. In accordance with the request of a parent or guardian of a student with diabetes and the student's diabetes medical management plan, a school nurse or, in the absence of a school nurse, diabetes care personnel shall perform diabetes care functions that shall include, at a minimum:

(1) checking and recording the student's blood glucose levels and ketone levels or assisting the student with checking and recording these levels;

(2) responding to blood glucose levels that are outside of the student's target range;

(3) administering glucagon and other emergency treatments as prescribed;

(4) administering insulin or assisting a student in administering insulin through the insulin delivery system that the student uses;

(5) providing oral diabetes medications; and

(6) following instructions regarding meals, snacks and physical activity.

B. A school nurse or at least one diabetes care personnel shall be at each school where a student with diabetes is attending and shall be available to provide care to each student with diabetes as provided pursuant to Subsection A of this section during regular school hours and during all school-sponsored activities, trips, extended offsite excursions and extracurricular activities in which a student with diabetes is a participant and on buses where the bus driver has not been trained in diabetes care and a student with diabetes is a passenger.
N.M. Stat. § 3-15-6 — NM_STATUTES Code / Chapter 3 / Article 15 / Section 3-15-6
§ 3-15-6. Gratuitous service by committee; expenses
Status: in_force

The electors shall serve without pay and may expend money for such items as clerical help and stationery in the amount allowed by the municipality.
N.M. Stat. § 59A-54-8 — NM Code / Chapter 59A / Article 54 / Section 59A-54-8
§ 59A-54-8. Examination
Status: in_force

The pool shall be subject to and responsible for examination by the superintendent. Not later than June 1 of each year, the board shall submit to the superintendent an audited financial report for the preceding calendar year in a form approved by the superintendent.
N.M. Stat. § 9-7A-13 — NM_STATUTES Code / Chapter 9 / Article 7A / Section 9-7A-13
§ 9-7A-13. Water quality control commission; exemptions from authority of secretary of environment
Status: in_force

The water quality control commission shall receive staff support from the department of environment. All powers, duties and responsibilities of the water quality control commission under Sections 47-6-11 , 74-6-3 through 74-6-8 , 74-6-10 and 74-6-12 NMSA 1978 are hereby explicitly exempted from the authority of the secretary under provisions of Subsection B of Section 6 of the Department of Environment Act.
N.M. Stat. § 14-4-10 — NM Code / Chapter 14 / Article 4 / Section 14-4-10
§ 14-4-10. State publications for sale or issue by state agencies; listing by state records administrator
Status: in_force

The state records administrator shall maintain a file of all state publications which are for sale or issue by agencies of the state. He shall prepare and publish a list of all such publications which are current and effective. The list shall include such documents as books, manuals, pamphlets, bulletins, monographs and periodicals designed to instruct, inform or direct either the general public or public officers and employees. Correspondence and those documents developed by agencies for their own internal administration are excluded.
N.M. Stat. § 7-4-21 — NM_STATUTES Code / Chapter 7 / Article 4 / Section 7-4-21
§ 7-4-21. Construction of act
Status: in_force

The Uniform Division of Income for Tax Purposes Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
N.M. Stat. § 73-7-2 — NM Code / Chapter 73 / Article 7 / Section 73-7-2
§ 73-7-2. Commissioners; power over plans
Status: in_force

The commissioners shall not be confined to the points of commencement, routes or termini of the drains or ditches, or the number, extent or size of the same or the location, plan or extent of any drain, ditch or other work, as proposed by the petitioners, but shall locate, design, lay out and plan the same in such manner as to them shall seem best, to promote the agricultural interests and to drain, or to protect the lands of the parties interested with the least damage and the greatest benefit to all lands affected thereby. And any plan proposed by the commissioners, may on the application of any person interested, on the hearing hereinafter provided for, or on the application of the commissioners, be altered by the court, by written order, in such manner as shall appear to the court to be just.
N.M. Stat. § 28-16A-2 — NM Code / Chapter 28 / Article 16A / Section 28-16A-2
§ 28-16A-2. Legislative authorization
Status: in_force

The Developmental Disabilities Act authorizes the department to plan, provide and coordinate support and services to persons with developmental disabilities.
N.M. Stat. § 32A-28-33 — NM Code / Chapter 32A / Article 28 / Section 32A-28-33
§ 32A-28-33. Persons whose consents or relinquishments are required in an independent adoption
Status: in_force

In an independent adoption, consent from the parent or guardian of an Indian child to adoption by the petitioner or relinquishment of parental rights shall be obtained in the manner required by the Indian Family Protection Act.
N.M. Stat. § 3-33-1 — NM Code / Chapter 3 / Article 33 / Section 3-33-1
§ 3-33-1. Improvement district; authorization
Status: in_force

A. Whenever a governing body determines that the creation of an improvement district is necessary for the public safety, health or welfare, the governing body may create an improvement district for any one or any combination of projects authorized in Chapter 3, Article 33 NMSA 1978 by the:

(1) provisional order method; or

(2) petition method.

B. The governing body may adopt any ordinance or resolution necessary or proper to accomplish the purposes of Chapter 3, Article 33 NMSA 1978 .

C. The improvement district shall include, for the purpose of assessment or imposition of an improvement district property tax, all the property that the governing body determines is benefitted by the improvement, including property lying without the municipality creating the improvement district if such property abuts or is served by improvements authorized by Chapter 3, Article 33 NMSA 1978 and including property utilized for public, governmental, charitable or religious purposes, except that of the United States or any agency, instrumentality or corporation thereof, in the absence of a consent of congress.
N.M. Stat. § 22-15-11 — NM Code / Chapter 22 / Article 15 / Section 22-15-11
§ 22-15-11. Record of instructional material
Status: in_force

Each school district, state institution or private school shall keep accurate records of all instructional material, including cost records, on forms and by procedures prescribed by the bureau.
N.M. Stat. § 3-18-10 — NM Code / Chapter 3 / Article 18 / Section 3-18-10
§ 3-18-10. Power of eminent domain; purposes; proceedings
Status: in_force

A. Both within the municipal boundary and for a distance not extending beyond the planning and platting jurisdiction of the municipal boundary, a municipality has the power and right of condemnation of private property for public use for the purpose of:

(1) laying out, opening and widening streets, alleys and highways or their approaches; or

(2) constructing, maintaining and operating:

(a) storm drains; or

(b) garbage and refuse disposal areas and plants.

B. A municipality may acquire by eminent domain any property within the municipality:

(1) for park purposes;

(2) to establish cemeteries or mausoleums or to acquire existing cemeteries or mausoleums; or

(3) for the purpose of correcting obsolete or impractical planning and platting of subdivisions. For the purpose of this paragraph, “obsolete or impractical planning and platting” applies only to property that:

(a) was platted prior to 1971;

(b) has remained vacant and unimproved; and

(c) threatens the health, safety and welfare of persons or property due to erosion, flooding and inadequate drainage.

C. Condemnation proceedings pursuant to this section shall be in the manner provided by law.
N.M. Stat. § 74-12-10 — NM Code / Chapter 74 / Article 12 / Section 74-12-10
§ 74-12-10. Violations; penalty
Status: in_force

Any person, firm or corporation violating the provisions of the Night Sky Protection Act shall be punished as follows:

A. for a first offense, the offender may be issued a warning; and

B. for a second offense or offense that continues for thirty days from the date of the warning, twenty-five dollars ($25.00) minus the replacement cost for each offending fixture.
N.M. Stat. § 51-1-9 — NM Code / Chapter 51 / Article 1 / Section 51-1-9
§ 51-1-9. Contributions; computation; payment
Status: in_force

A. Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to the payments of contributions under the Unemployment Compensation Law, with respect to wages for employment as provided in Subsection T of Section 51-1-42 NMSA 1978 . Such contributions shall become due and be paid by each employer to the department for the fund in accordance with such regulations and at such times as the secretary may prescribe and shall not be deducted, in whole or in part, from the wages of individuals in his employ.

B. In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent ($.005) or more, in which case it shall be increased to one cent ($.01).
N.M. Stat. § 72-7-3 — NM Code / Chapter 72 / Article 7 / Section 72-7-3
§ 72-7-3. Decision of district court; compliance by state engineer; return of papers and data
Status: in_force

The decision of the district court shall be binding on the state engineer who shall thereafter act in accordance with such decision unless within sixty days after the entry of such decision or judgment of the district court, an appeal shall be taken from the decision of the said district court. Appeals so taken shall be governed by the provisions of Chapter 43 of the Session Laws of 1917 relating to appeals taken from final judgments of the district court. A certified copy of the decision of the court, together with all original papers, maps, plats, field notes and other data transmitted by the state engineer to such court after the final determination of said cause shall be forthwith returned to said state engineer.
N.M. Stat. § 7-9-1 — NM Code / Chapter 7 / Article 9 / Section 7-9-1
§ 7-9-1. Short title
Status: in_force

Chapter 7, Article 9 NMSA 1978 may be cited as the “Gross Receipts and Compensating Tax Act”.
N.M. Stat. § 31-4-18 — NM Code / Chapter 31 / Article 4 / Section 31-4-18
§ 31-4-18. Forfeiture of bail
Status: in_force

If the prisoner is admitted to bail, and fails to appear and surrender himself according to the conditions of his bond, the judge, or magistrate, by proper order, shall declare the bond forfeited and order his immediate arrest without warrant if he be within this state. Recovery may be had on such bond in the name of the state as in the case of other bonds given by the accused in criminal proceedings within this state.
N.M. Stat. § 3-14-1 — NM_STATUTES Code / Chapter 3 / Article 14 / Section 3-14-1
§ 3-14-1. Commission-manager; application to municipalities over three thousand
Status: in_force

Any municipality having a population of three thousand or more persons according to the last federal census or any other official census may be organized and governed as a commission-manager municipality if the qualified electors of the municipality elect to be governed under the commission-manager form of government. If the qualified electors of the municipality do not elect to be governed under the commission-manager form of government, the municipality shall be governed under the form of government in existence on the day the election rejecting the commission-manager form was held.
N.M. Stat. § 12-10B-9 — NM Code / Chapter 12 / Article 10B / Section 12-10B-9
§ 12-10B-9. Benefits
Status: in_force

A. If a person is an employee of a member jurisdiction that responds to a request for aid under the system and the person sustains injury in the course of providing the requested aid, the person is entitled to all applicable benefits, including workers' compensation benefits, that are normally available to the person as an employee of the member jurisdiction that employs the person.

B. If a person described in Subsection A of this section sustains injury that results in death, the person's estate shall receive additional state and federal benefits that may be available for death in the line of duty.