FrankGoortani/open-us-law huggingface dataset:
N.M. Stat. § 3-61-1.1 — NM Code / Chapter 3 / Article 61 / Section 3-61-1.1
§ 3-61-1.1. Metropolitan water board
Status: in_force

A. Except as provided in Subsection B of this section, a metropolitan water board shall be composed of the following:

(1) seven elected members as provided in Subsection C of this section;

(2) one member who is a registered voter of the municipality appointed by the governing body of the municipality; and

(3) one member who is a registered voter of the county appointed by the governing body of the county.

B. In addition to the members specified in Subsection A of this section, the members of a metropolitan water board that is located in a class B county and a municipality lying totally or partially within the boundaries of that county shall include one additional member appointed by the primary privately owned water company of that municipality if:

(1) the city has a population of more than fifty thousand but less than one hundred thousand according to the last federal decennial census or any subsequent decennial census; or

(2) the county has a population separate of the city of more than twenty-five thousand but less than sixty thousand according to the last federal decennial census or any subsequent decennial census.

C. Elected members of a metropolitan water board shall be elected at a county-wide special election or at a general election by the registered voters of such county and municipality for such terms as are specified in the respective identical ordinances of the municipality and the county, pursuant to Section 3-61-1 NMSA 1978 . Public employees may be elected to and serve on the board.

D. For the purpose of electing members of the metropolitan water board, the governing bodies of the municipality and the county shall, in the identical such ordinances pursuant to Section 3-61-1 NMSA 1978 , district the county once after each federal decennial census into a number of single-member districts equal to the number of elected board members; provided that in class B counties the board shall consist of no less than seven elected members. The districts shall be of equal populations as nearly as is practicable, and each member of the board shall reside in and be elected from his respective district.

E. Change of residence to a place outside the district from which a metropolitan board member was elected shall automatically terminate the service of that member on the board, and the office shall be declared vacant. The respective governing bodies shall jointly, by appointment, fill any vacancies on the board until the next succeeding regular or special election, other than a school election, which is applicable to the area over which the board has jurisdiction, at which time the position shall be filled by election for the remainder of the unexpired term of the member creating the vacancy.
N.M. Stat. § 57-1-3 — NM Code / Chapter 57 / Article 1 / Section 57-1-3
§ 57-1-3. Contracts for restraint of trade or monopoly void; civil liability of participants; injunctive relief; purchasers relieved from payment
Status: in_force

A. All contracts and agreements in violation of Section 57-1-1 or 57-1-2 NMSA 1978 shall be void, and any person threatened with injury or injured in his business or property, directly or indirectly, by a violation of Section 57-1-1 or 57-1-2 NMSA 1978 may bring an action for appropriate injunctive relief, up to threefold the damages sustained and costs and reasonable attorneys' fees. If the trier of fact finds that the facts so justify, damages may be awarded in an amount less than that requested, but not less than the damages actually sustained.

B. The attorney general may bring an action under Subsection A of this section on behalf of the state, a political subdivision thereof or any public agency.

C. In any action under this section, any defendant, as a partial or complete defense against a damage claim, may, in order to avoid duplicative liability, be entitled to prove that the plaintiff purchaser or seller in the chain of manufacture, production, or distribution who paid any overcharge or received any underpayment, passed on all or any part of such overcharge or underpayment to another purchaser or seller in such chain.

D. For the purposes of this section, “business or property” includes business or nonbusiness purchases and business and nonbusiness injuries.
N.M. Stat. § 59A-1-13 — NM Code / Chapter 59A / Article 1 / Section 59A-1-13
§ 59A-1-13. “Transacting insurance”
Status: in_force

In addition to other aspects of insurance operations to which the Insurance Code by its terms applies, “transacting insurance” with respect to an insurance contract or a business of insurance includes any of the following, by mail or otherwise or whether or not for profit:

A. solicitation or inducement;

B. negotiation;

C. effectuation of an insurance contract;

D. transaction of matters subsequent to effectuation and arising out of such a contract;

E. maintenance in this state of an office or personnel performing any function in furtherance of an insurer's business of insurance; or

F. maintenance by an insurer of assets in trust in this state for the benefit, security or protection of its policyholders or its policyholders and creditors.
N.M. Stat. § 9-16-9 — NM Code / Chapter 9 / Article 16 / Section 9-16-9
§ 9-16-9. Administrative services division; duties
Status: in_force

A. The administrative services division of the department shall provide administrative services to the department, including:

(1) keeping all official records of the department;

(2) providing clerical services in the areas of personnel and budget preparation; and

(3) providing clerical, record-keeping and administrative support to agencies administratively attached to the department.

B. The division shall, in addition to its other duties, coordinate long and short-term planning of the department and administer programs and grants which have been assigned generally to the department by the governor or by statute.
N.M. Stat. § 61-28B-15 — NM Code / Chapter 61 / Article 28B / Section 61-28B-15
§ 61-28B-15. Enforcement procedures; investigations
Status: in_force

A. Upon receipt of a complaint or other information suggesting a violation of the 1999 Public Accountancy Act, the board may conduct an investigation to determine whether there is probable cause to institute a proceeding against a person or firm. An investigation is not required when a determination of probable cause can be made without investigation. To aid the investigation, the board or the board's chairman may issue a subpoena to compel a witness to testify or to produce evidence.

B. The board may designate a person to serve as investigating officer to conduct an investigation. The investigating officer shall file a report with the board upon completion of an investigation. The board shall find probable cause or lack of probable cause upon the basis of the report or shall return the report to the investigating officer for further investigation.

C. Upon a finding of probable cause, if the subject of the investigation is a certificate or permit holder, the board shall direct that a notice of contemplated action be issued in accordance with the 1999 Public Accountancy Act. If the subject of the investigation is not a certificate or permit holder, the board shall take appropriate action as provided in that act. Upon a finding of no probable cause, the board shall close the matter.

D. The board may review the publicly available professional work of a certificate or permit holder without any requirement of a formal complaint or suspicion of impropriety on the part of a particular certificate or permit holder. In the event that such review reveals reasonable grounds for a more specific investigation, the board may proceed pursuant to the 1999 Public Accountancy Act.
N.M. Stat. § 59A-33-7 — NM Code / Chapter 59A / Article 33 / Section 59A-33-7
§ 59A-33-7. Assignment of risks by the pool
Status: in_force

When any person makes application to two or more insurers writing workers' compensation insurance for workers' compensation insurance and the insurers in good faith reject in writing the application, that person may file with the pool an application for assignment of the risk to a servicing carrier. If it appears to the pool that the risk is, in good faith, entitled to insurance, the pool shall assign such risk to a servicing carrier.
N.M. Stat. § 12-10B-10 — NM Code / Chapter 12 / Article 10B / Section 12-10B-10
§ 12-10B-10. Liability
Status: in_force

Except as provided in Section 9 of the Intrastate Mutual Aid Act, a person responding to a request for aid by a member jurisdiction and who is under the operational control of that member jurisdiction, as provided in Section 6 of the Intrastate Mutual Aid Act, is considered for the purposes of liability to be an employee of the requesting member jurisdiction.
N.M. Stat. § 42-5A-8 — NM Code / Chapter 42 / Article 5A / Section 42-5A-8
§ 42-5A-8. Partition alternatives
Status: in_force

A. If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to Section 7 of the Uniform Partition of Heirs Property Act or if, after conclusion of the buyout under that section, a cotenant remains that has requested partition in kind, the court shall order partition in kind unless the court, after consideration of the factors listed in Section 9 of the Uniform Partition of Heirs Property Act, finds that partition in kind will result in manifest prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two or more parties to have their individual interests aggregated.

B. If the court does not order partition in kind under Subsection A of this section, the court shall order partition by sale pursuant to Section 10 of the Uniform Partition of Heirs Property Act, or if no cotenant requested partition by sale, the court shall dismiss the action.

C. If the court orders partition in kind pursuant to Subsection A of this section, the court may require that one or more cotenants pay one or more other cotenants' amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.

D. If the court orders partition in kind, the court shall allocate to the cotenants that are unknown, unlocatable or the subject of a default judgment, if their interests were not bought out pursuant to Section 7 of the Uniform Partition of Heirs Property Act, a part of the property representing the combined interests of these cotenants as determined by the court.
N.M. Stat. § 21-21K-2 — NM Code / Chapter 21 / Article 21K / Section 21-21K-2
§ 21-21K-2. Definitions
Status: in_force

As used in the Education Trust Act:

A. “ account ” means an individual trust account pursuant to an education investment agreement entered into pursuant to the education savings program;

B. “ account owner ” means the person who has entered into an education investment agreement with the board and is designated as having the right to withdraw money from the account before the account is disbursed to or for the benefit of the beneficiary;

C. “ beneficiary ” means the person who is designated at the time the account is opened, or the person who replaces a designated beneficiary, as the person whose qualified higher education expenses are expected to be paid from the account;

D. “ board ” means the education trust board;

E. “ education investment agreement ” means an agreement entered into by the board and an account owner to participate in the education savings program and establish an account to be used for the qualified higher education expenses of a beneficiary;

F. “ department ” means the higher education department;

G. “ eligible educational institution ” means any college, university, vocational school or other post-secondary institution recognized by the United States department of education;

H. “ financial institution ” means a bank, broker-dealer, insurance company, mutual fund, savings and loan association or other financial entity;

I. “ Internal Revenue Code ” means the federal Internal Revenue Code of 1986, as amended;

J. “ manager ” means a financial institution under contract with the board to serve as manager of an education savings plan in the education savings program and receive contributions on behalf of the program; and

K. “ qualified higher education expenses ” means federally allowable qualified expenses set out in the Internal Revenue Code Section 529 and includes other expenses allowed under that section as qualified education expenses.
N.M. Stat. § 71-10-2 — NM Code / Chapter 71 / Article 10 / Section 71-10-2
§ 71-10-2. Definitions
Status: in_force

As used in the Electric Generating Facility Economic District Act:

A. “ authority ” means the governing body of a district; and

B. “ district ” means an electric generating facility economic district governed by an authority.
N.M. Stat. § 25-8-3 — NM_STATUTES Code / Chapter 25 / Article 8 / Section 25-8-3
§ 25-8-3. Penalty; civil
Status: in_force

Any person who violates any provision of Section 1 of this act or any regulation issued thereunder is liable to a civil penalty not to exceed one hundred dollars ($100) for each violation.
N.M. Stat. § 14-14A-9 — NM Code / Chapter 14 / Article 14A / Section 14-14A-9
§ 14-14A-9. Notarial acts in this state
Status: in_force

A. A notarial act may be performed in this state by:

(1) a notary public of this state; or

(2) an automatic notarial officer of this state.

B. The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.

C. The signature and title of a notarial officer described in Subsection A of this section conclusively establish the authority of the officer to perform the notarial act. An official stamp is required unless a state law specifies that an official stamp is not required for that notarial act.
N.M. Stat. § 9-15-49 — NM_STATUTES Code / Chapter 9 / Article 15 / Section 9-15-49
§ 9-15-49. Military base planning commission created; composition
Status: in_force

A. The “military base planning commission” is created, which is administratively attached to the economic development department. The department shall provide administrative services to the commission.

B. The commission consists of twelve members, eleven of whom are appointed by the governor with the advice and consent of the senate. The commission shall include the lieutenant governor and nine appropriate representatives from the counties, or adjoining counties, in which military bases are located. Two additional members shall be appointed at large from other counties.

C. The governor shall appoint a chair from among the members of the commission. The commission shall meet at the call of the chair and shall meet not less than quarterly. Members of the commission shall not be paid but shall receive per diem and mileage expenses as provided in the Per Diem and Mileage Act.

D. Notwithstanding the provisions of the Open Meetings Act, meetings of the commission shall be closed to the public when proprietary alternative New Mexico military base realignment or closure strategies or any information regarding relocation of military units is discussed.

E. Information developed or obtained by the commission that pertains to proprietary commission strategies or related to the relocation of military units shall be confidential and not subject to inspection pursuant to the Inspection of Public Records Act.
N.M. Stat. § 29-11A-8 — NM_STATUTES Code / Chapter 29 / Article 11A / Section 29-11A-8
§ 29-11A-8. Immunity
Status: in_force

Nothing in the Sex Offender Registration and Notification Act creates a cause of action on behalf of a person against a public employer, public employee or public agency responsible for enforcement of the provisions of that act, so long as the public employer, public employee or public agency complies with the provisions of that act.
N.M. Stat. § 69-27-4 — NM Code / Chapter 69 / Article 27 / Section 69-27-4
§ 69-27-4. Gas or other serious condition; operator to report promptly to mine inspector
Status: in_force

The operator shall report promptly to the mine inspector by telegraph or telephone the occurrence in and about the mines of serious outbursts of gas or other serious conditions threatening to cause the loss of lives.
N.M. Stat. § 22-3B-12 — NM_STATUTES Code / Chapter 22 / Article 3B / Section 22-3B-12
§ 22-3B-12. Public education commission district seven
Status: in_force

Public education commission district seven is composed of Dona Ana county precincts 5 through 20, 22 through 59, 61, 62, 65 through 94, 96 through 99, 101 through 104, 106, 108 through 110, 112 through 114, 116 through 120, 122, 124 through 170, 173 through 181, 183, 184 and 186 through 190; and Otero county precincts 1, 41 through 46 and 66.
N.M. Stat. § 1-2-27 — NM_STATUTES Code / Chapter 1 / Article 2 / Section 1-2-27
§ 1-2-27. Watchers; appointment
Status: in_force

A. An election-related organization may in a statewide or special election appoint watchers in a county if the organization provides a written notice to the secretary of state at least seven days prior to serving as a watcher during early voting, the election date or the ballot qualification period for mailed ballots in a statewide or a special election and specifies the names of the qualified appointees. The secretary of state shall notify the county clerk of the qualified appointees at least five days before the election.

B. Any group of three candidates for elected office in a statewide election may appoint watchers in a county if the candidates provide a written notice to the secretary of state at least seven days prior to serving as a watcher during early voting, the election date or the ballot qualification period for mailed ballots in a statewide or special election and specify the names of the qualified appointees. The secretary of state shall notify the county clerk of the qualified appointees at least five days before the election.
N.M. Stat. § 7-38-6 — NM Code / Chapter 7 / Article 38 / Section 7-38-6
§ 7-38-6. Presumption of correctness
Status: in_force

Values of property for property taxation purposes determined by the division or the county assessor are presumed to be correct. Determinations of tax rates, classification, allocations of net taxable values of property to governmental units and the computation and determination of property taxes made by the officer or agency responsible therefor under the Property Tax Code are presumed to be correct.
N.M. Stat. § 61-9A-6 — NM Code / Chapter 61 / Article 9A / Section 61-9A-6
§ 61-9A-6. Exemptions
Status: in_force

A. Nothing in the Counseling and Therapy Practice Act shall be construed to prevent:

(1) a person who is licensed, certified or regulated under the laws of this state from engaging in activities consistent with the standards and ethics of the person's profession or practice; or

(2) an alternative, metaphysical or holistic practitioner from engaging in nonclinical activities consistent with the standards and codes of ethics of that practice.

B. Specifically exempted from the Counseling and Therapy Practice Act are:

(1) elementary and secondary school counselors acting on behalf of their employer who are otherwise regulated;

(2) peer counselors of domestic violence or independent-living peer counselors working under appropriate supervision in a nonprofit corporation, association or similar entity;

(3) duly ordained, commissioned or licensed ministers of a church providing pastoral services on behalf of a church;

(4) a person who is enrolled in an internship or practicum under appropriate supervision and is in the internship or practicum for the sole purpose of acquiring an advanced degree in mental health counseling, marriage and family therapy or art therapy or a degree in substance abuse counseling;

(5) practitioners of Native American healing arts; and

(6) individuals who serve as peer counselors for a twelve-step recovery program or a similar self-help chemical dependency recovery program that:

(a) does not offer chemical dependency treatment;

(b) does not charge program participants a fee; and

(c) allows program participants to maintain anonymity.

C. Nothing in this section shall be construed to allow an individual whose license has been lost or suspended by the New Mexico counseling and therapy practice board or the New Mexico state board of psychology examiners to avoid such loss or suspension by utilizing this exemption.
N.M. Stat. § 22-26-2 — NM Code / Chapter 22 / Article 26 / Section 22-26-2
§ 22-26-2. Definition
Status: in_force

As used in the Public School Buildings Act, “ capital improvements ” means expenditures, including payments made with respect to lease-purchase arrangements as defined in the Education Technology Equipment Act 1 but excluding any other debt service expenses, for:

A. erecting, remodeling, making additions to, providing equipment for or furnishing public school buildings, including teacher housing and pre-kindergarten classrooms belonging to the school district or charter school located in the school district;

B. payments made pursuant to a financing agreement entered into by a school district or a charter school for the leasing of a building or other real property with an option to purchase for a price that is reduced according to payments made;

C. purchasing or improving public school grounds;

D. purchasing activity vehicles for transporting students to and from extracurricular school activities; provided that this authorization for expenditure does not apply to school districts with a student MEM greater than sixty thousand;

E. administering the projects undertaken pursuant to Subsections A and C of this section, including expenditures for facility maintenance software, project management software, project oversight and district personnel specifically related to administration of projects funded by the Public School Buildings Act; provided that expenditures pursuant to this subsection shall not exceed five percent of the total project costs; and

F. purchasing and installing education technology improvements, excluding salary expenses of school district employees, but including tools used in the educational process that constitute learning and administrative resources, and that may also include:

(1) satellite, copper and fiber-optic transmission; computer and network connection devices; digital communication equipment, including voice, video and data equipment; servers; switches; portable media devices, such as discs and drives to contain data for electronic storage and playback; and purchase or lease of software licenses or other technologies and services, maintenance, equipment and computer infrastructure information, techniques and tools used to implement technology in schools and related facilities; and

(2) improvements, alterations and modifications to, or expansions of, existing buildings or tangible personal property necessary or advisable to house or otherwise accommodate any of the tools listed in this subsection.