reglab/housing_qa huggingface dataset:
NM Stat § 66-13-1 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-1 - Short title.

Sections 1 through 13 [66-13-1 to 66-13-13 NMSA 1978] of this act may be cited as the "Boating While Intoxicated Act". History: Laws 2003, ch. 241, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-2 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-2 - Definitions.

As used in the Boating While Intoxicated Act: A. "bodily injury" means an injury to a person that is not likely to cause death or great bodily harm to the person, but does cause painful temporary disfigurement or temporary loss or impairment of the functions of any member or organ of the person's body; B. "conviction" means an adjudication of guilt and does not include imposition of a sentence; C. "motorboat" means any boat, personal watercraft or other type of vessel propelled by machinery, whether or not machinery is the principle source of propulsion. "Motorboat" includes a vessel propelled or designed to be propelled by a sail, but does not include a sailboard or a windsurf board. "Motorboat" does not include a houseboat or any other vessel that is moored on the water, but not moving on the water; and D. "operate" means to physically handle the controls of a motorboat that is moving on the water. History: Laws 2003, ch. 241, § 2. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-4 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-4 - Guilty pleas; limitations.

When a complaint or information alleges a violation of Section 3 [66-13-3 NMSA 1978] of the Boating While Intoxicated Act, any plea of guilty thereafter entered in satisfaction of the charges shall include at least a plea of guilty to the violation of one of the subsections of Section 3 of that act, and no other disposition by plea of guilty to any other charge in satisfaction of the charge shall be authorized if the results of a test performed pursuant to that act disclose that the blood or breath of the person charged contains an alcohol concentration of eight one hundredths or more. History: Laws 2003, ch. 241, § 4. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-5 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-5 - Municipal and county ordinances; unlawful alcohol concentration level for boating while under the influence of intoxicating liquor or drugs.

No municipal or county ordinance prohibiting the operation of a motorboat while under the influence of intoxicating liquor or drugs shall be enacted that provides for an unlawful alcohol concentration level that is different than the alcohol concentration levels provided in Section 3 [66-13-3 NMSA] of the Boating While Intoxicated Act. History: Laws 2003, ch. 241, § 5. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-6 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-6 - Blood-alcohol tests; persons qualified to perform tests; relief from civil and criminal liability.

Only a physician, licensed professional or practical nurse or laboratory technician or technologist employed by a hospital or physician shall withdraw blood from a person in the performance of a blood-alcohol or drug test. A physician, nurse, technician or technologist who withdraws blood from a person in the performance of a blood-alcohol or drug test that has been directed by a law enforcement officer, or by a judicial or probation officer, shall not be held liable in a civil or criminal action for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence, nor shall a person assisting in the performance of the test, or a hospital wherein blood is withdrawn in the performance of the test, be subject to civil or criminal liability for assault, battery, false imprisonment or any conduct of a law enforcement officer, except for negligence. History: Laws 2003, ch. 241, § 6. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-7 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-7 - Blood-alcohol test; law enforcement, judicial or probation officer unauthorized to make arrest or direct test except in performance of official duties authorized by law.

Nothing in the Boating While Intoxicated Act is intended to authorize a law enforcement officer, or a judicial or probation officer, to make an arrest or direct the performance of a blood-alcohol or drug test, except in the performance of his official duties or as otherwise authorized by law. History: Laws 2003, ch. 241, § 7. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-8 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-8 - Implied consent to submit to chemical test.

A. A person who operates a motorboat within this state shall be deemed to have given consent, subject to the provisions of the Boating While Intoxicated Act, to chemical tests of his blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978 as determined by a law enforcement officer, or for the purposes of determining the drug or alcohol content of his blood if arrested for any offense arising out of acts alleged to have been committed while the person was operating a motorboat while under the influence of an intoxicating liquor or drug. B. The arrested person shall be advised by a law enforcement officer that failure to submit to a chemical test may be introduced into evidence in court and that the court, upon conviction, may impose increased penalties for the person's failure to submit to a chemical test. C. A test of blood or breath or both, approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978, shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating a motorboat while under the influence of an intoxicating liquor or drug. D. A person who operates a motorboat in this state and who is involved in a fatal boating incident shall be deemed to have given consent, subject to the provisions of the Boating While Intoxicated Act, to mandatory chemical tests of his blood or breath or both, as determined by a law enforcement officer and approved by the scientific laboratory division of the department of health pursuant to the provisions of Section 24-1-22 NMSA 1978. History: Laws 2003, ch. 241, § 8. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-9 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-9 - Consent of person incapable of refusal not withdrawn.

A person who is dead, unconscious or otherwise in a condition rendering him incapable of refusal shall be deemed not to have withdrawn the consent provided by the Boating While Intoxicated Act, and the test designated by the law enforcement officer may be administered. History: Laws 2003, ch. 241, § 9. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-10 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-10 - Administration of chemical test; payment of costs; additional tests.

A. Only the persons authorized by the Boating While Intoxicated Act shall withdraw blood from a person for the purpose of determining its alcohol or drug content. This limitation does not apply to the taking of samples of breath. B. The person tested shall be advised by the law enforcement officer of the person's right to be given an opportunity to arrange for a physician, licensed professional or practical nurse or laboratory technician or technologist who is employed by a hospital or physician of his own choosing to perform a chemical test in addition to a test performed at the direction of a law enforcement officer. C. Upon the request of the person tested, full information concerning the test performed at the direction of the law enforcement officer shall be made available to him as soon as it is available from the person performing the test. D. The agency represented by the law enforcement officer at whose direction the chemical test is performed shall pay for the chemical test. E. If a person exercises his right under Subsection B of this section to have a chemical test performed upon him by a person of his own choosing, the cost of that test shall be paid by the agency represented by the law enforcement officer at whose direction a chemical test was administered pursuant to Section 8 [66-13-8 NMSA 1978] of the Boating While Intoxicated Act. History: Laws 2003, ch. 241, § 10. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-11 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-11 - Use of tests in criminal or civil actions; levels of intoxication; mandatory charging.

A. The results of a test performed pursuant to the Boating While Intoxicated Act may be introduced into evidence in a civil action or criminal action arising out of the acts alleged to have been committed by the person tested for operating a motorboat while under the influence of intoxicating liquor or drugs. B. When the blood or breath of the person tested contains: (1) an alcohol concentration of five one hundredths or less, it shall be presumed that the person was not under the influence of intoxicating liquor; or (2) an alcohol concentration of more than five one hundredths but less than eight one hundredths, no presumption shall be made that the person either was or was not under the influence of intoxicating liquor. However, the amount of alcohol in the person's blood or breath may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor. C. When the blood or breath of the person tested contains an alcohol concentration of eight one hundredths or more, the arresting officer shall charge him with a violation of Section 3 [66-13-3 NMSA 1978] of the Boating While Intoxicated Act. D. The determination of alcohol concentration shall be based on the grams of alcohol in one hundred milliliters of blood or the grams of alcohol in two hundred ten liters of breath. E. The alcohol concentration in a person's blood or breath shall be determined by a chemical test administered to the person within three hours of the alleged boating while under the influence of intoxicating liquor. In a prosecution pursuant to the provisions of the Boating While Intoxicated Act, it is a rebuttable presumption that a person is in violation of the provisions of that act if he has an alcohol concentration of eight one hundredths or more in his blood or breath as determined by a chemical test administered to the person within three hours of the alleged boating while under the influence of intoxicating liquor. If the chemical test is administered more than three hours after the alleged boating while under the influence of intoxicating liquor, the test result is admissible as evidence of the alcohol concentration in the person's blood or breath at the time of the alleged boating and the trier of fact shall determine what weight to give the test result. F. The presumptions in Subsection B of this section do not limit the introduction of other competent evidence concerning whether the person was under the influence of intoxicating liquor. G. If a person is convicted of operating a motorboat while under the influence of intoxicating liquor or drugs, the trial judge shall be required to inquire into past convictions of the person for operating a motorboat while under the influence of intoxicating liquor or drugs before sentence is entered in the matter. History: Laws 2003, ch. 241, § 11. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-12 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-12 - Motorboats; influence of intoxicating liquor or drugs; fee upon conviction.

A. A person convicted of a violation of the Boating While Intoxicated Act shall be assessed by the court, in addition to any other fee or fine, a fee of sixty-five dollars ($65.00) to defray the costs of chemical and other tests used to determine the influence of intoxicating liquor or drugs. B. All fees collected pursuant to the provisions of this section shall be transmitted monthly to the crime laboratory fund. All balances in the crime laboratory fund collected pursuant to this section are appropriated to the administrative office of the courts for payment upon invoice to the scientific laboratory division of the department of health for the costs of chemical and other tests used to determine the influence of intoxicating liquor or drugs. C. Payment of funds out of the crime laboratory fund of fees collected pursuant to this section shall be made upon vouchers issued and signed by the director of the administrative office of the courts upon warrants drawn by the department of finance and administration. History: Laws 2003, ch. 241, § 12. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 66-13-13 (2021)
2021 New Mexico Statutes|Chapter 66 - Motor Vehicles|Article 13 - Boating While Intoxicated|Section 66-13-13 - Educational program.

The state parks division of the energy, minerals and natural resources department shall develop and implement a program to advertise and further educate the boating public about the dangers of boating while under the influence of alcohol or drugs and the penalties associated with a conviction pursuant to the provisions of the Boating While Intoxicated Act. History: Laws 2003, ch. 241, § 13. ANNOTATIONSEffective dates. — Laws 2003, ch. 241, § 16 made the act effective July 1, 2003.
NM Stat § 67-1-1 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 1 - Highway Department Organization|Section 67-1-1 - Short title.

This act [67-1-1 to 67-1-3 NMSA 1978] may be cited as the "Highway Department Organization Act." History: Laws 1977, ch. 251, § 1. ANNOTATIONSHighway Department Organization Act. — Highway Department Organization Act refers to Laws 1977, ch. 251, the provisions of which are presently compiled as 67-1-1, 67-1-3, 67-2-4, 67-3-7, 67-3-8 and 67-3-23 NMSA 1978.
NM Stat § 67-1-2 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 1 - Highway Department Organization|Section 67-1-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1983, ch. 100, § 1, repeals 67-1-2 NMSA 1978, relating to the termination of the highway department. Laws 1983, ch. 100, contains no effective date provision, but was enacted at the session which adjourned on March 19, 1983. See N.M. Const., art. IV, § 23.
NM Stat § 67-1-3 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 1 - Highway Department Organization|Section 67-1-3 - Effective date.

The effective date of the provisions of the Highway Department Organization Act is March 31, 1978. History: Laws 1977, ch. 251, § 7. ANNOTATIONSHighway Department Organization Act. — See 67-1-1 NMSA 1978 and notes thereto.
NM Stat § 67-2-3 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 2 - General Provisions|Section 67-2-3 - Post roads and mail routes declared to be public roads.

Where as the congress of the United States has declared all post roads over which the mails of the United States are carried to be public roads. It is likewise declared by this section that all such roads are public roads; provided, however, that discontinuance of mail service, and nonuser [nonuse] by the public for three years shall constitute abandonment and vacation of such roads for such roads for such public purpose. History: Laws 1903, ch. 58, § 1; Code 1915, § 2628; C.S. 1929, § 64-103; 1941 Comp., § 58-103; Laws 1945, ch. 31, § 1; 1953 Comp., § 55-1-3. ANNOTATIONSCross references. — For definition of public highways, see 67-2-1 NMSA 1978. Implied dedication. — The law of implied dedication gives the public greater rights than the legislature has provided under this section. Luevano v. Maestas, 1994-NMCA-051, 117 N.M. 580, 874 P.2d 788. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 43. 39A C.J.S. Highways § 1.
NM Stat § 67-2-4 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 2 - General Provisions|Section 67-2-4 - Definitions.

As used in Chapter 67 NMSA 1978: A. "state highway" shall include any highway declared to be a state highway by an act of the legislature or designated as such by the state highway engineer; B. "department" means the department of transportation; and C. "secretary" means the secretary of transportation. History: Laws 1929, ch. 77, § 1; C.S. 1929, § 64-1901; 1941 Comp., § 58-104; 1953 Comp., § 55-1-4; Laws 1977, ch. 251, § 2; 1987, ch. 268, § 34; 2003, ch. 142, § 25. ANNOTATIONSThe 2003 amendment, effective July 1, 2003, deleted Subsection B, defining "state highway engineer" or "chief highway administrator", and redesignated the remaining subsections accordingly; and deleted "highway and" preceding "transportation" in Subsection C. The 1987 amendment, effective July 1, 1987, in Subsection B, substituted "or the 'chief highway administrator' means the secretary" for "means the 'chief highway administrator'"; added Subsections C and D; and updated the statutory reference. The 1977 amendment rewrote this section which formerly defined state highway. Consent of county commissioners unnecessary. — The commission can acquire a right of way or lay out and establish a state highway in a county without the consent of the county commissioners. Gallegos v. Conroy, 1934-NMSC-007, 38 N.M. 154, 29 P.2d 334. When underpass not to be designated state highway. — The commission is not authorized by this section, 67-3-15, 67-3-16 or 67-3-41 NMSA 1978 to designate as a state highway, an underpass not connected with or intended to be a part of a state highway. Springer Transfer Co. v. City of Albuquerque, 1940-NMSC-039, 44 N.M. 407, 103 P.2d 129. On abandonment of portion of public highway, the adjoining landowner is revested with the fee without any limitation. 1945 Op. Att'y Gen. No. 45-4644. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 1, 2. 39A C.J.S. Highways § 1.
NM Stat § 67-2-5 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 2 - General Provisions|Section 67-2-5 - [Rights-of-way vest in state after use as highway for a year.]

When any state highway in the state of New Mexico, is continuously used by, or open for use to the public, as such, for a period of one year from and after the time this act [67-2-4, 67-2-5 NMSA 1978] goes into effect, or for a period of one year at any time thereafter, and the same has not been so used or occupied under any lease, contract or agreement recognizing the ownership of the right-of-way thereof in any person, firm or corporation, other than the state, such right-of-way shall be and become the property of and fee thereto shall vest in the state of New Mexico for such highway purposes, and the title thereto shall not thereafter be divested by adverse possession or in any other manner except with the consent of the state of New Mexico, so long as such right-of-way is so used for highway purposes. History: Laws 1929, ch. 77, § 2; C.S. 1929, § 64-1902; 1941 Comp., § 58-105; 1953 Comp., § 55-1-5. ANNOTATIONSStanding to appeal annexation proceeding. — The state's interest in highway property granted by this section satisfied the requirement for standing of the department to appeal an annexation proceeding under 3-7-17C NMSA 1978. State ex rel. State Highway & Transp. Dep't v. City of Sunland Park, 1999-NMCA-143, 128 N.M. 371, 993 P.2d 85. On abandonment of portion of public highway, the adjoining landowner is revested with the fee without any limitation. 1945 Op. Att'y Gen. No. 45-4644. Title to be conditional fee for public purposes only. — A public highway, even though acquired only by virtue of the one-year limitation statute, should be used only for public purposes. The state is only authorized to take private property for such purposes and even though the statute purports to place the fee thereof in the state of New Mexico, such title would appear to be a conditional fee for public purposes only. 1954 Op. Att'y Gen. No. 54-5884. Erection of telephone line on public right-of-way. — If a telephone line is strictly a private one, then neither the county nor the state could consent to its erection on a public right-of-way. If, however, it is also devoted to a public use and the county authorized its erection, the commission might grant it a permit. 1954 Op. Att'y Gen. No. 54-5884. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges §§ 192 to 194. 39A C.J.S. Highways § 136.
NM Stat § 67-2-7 (2021)
2021 New Mexico Statutes|Chapter 67 - Highways|Article 2 - General Provisions|Section 67-2-7 - Petition for determination of abandonment or vacation.

Any owner of lands abutting any highway, street or road, his heirs or assigns may petition the state or any commission, department, bureau, agency or political subdivision thereof, who believes a section of any public road, street or highway is not [no] longer needed for public purposes, [and] may petition the state or any commission, department, bureau, agency or political subdivision thereof for a formal determination of abandonment or vacation. History: 1953 Comp., § 55-1-7, enacted by Laws 1959, ch. 192, § 2. ANNOTATIONSBracketed material. — The bracketed material in this section was inserted by the compiler for purposes of clarity; it was not enacted by the legislature and is not a part of the law. County commissioners proper body to vacate or abandon roads. — Sections 67-2-4, 67-2-6 and 67-2-7 NMSA 1978 all relate to the vacation or abandonment of public highways, streets or roads by formal declaration, determination or order of the state or the appropriate commission, department, institution, bureau or political subdivision thereof. Being in pari materia, these statutes should be construed so as to give effect to every provision. They evince an intent on the part of the legislature to provide a formal procedure for the abandonment or vacation of public roads, streets and highways, and the district courts are not vested with this power. The county commission is the proper body to abandon or vacate roads in suit to quiet title. Chavez v. County of Valencia, 1974-NMSC-035, 86 N.M. 205, 521 P.2d 1154. Subject-matter jurisdiction not conferred by consent. — Although the county entered an appearance in the quiet title suit and participated in the proceedings therein conducted by the district court, this did not confer jurisdiction or power in the district court over the subject matter of the suit, insofar as the subject matter of the suit was concerned with the quieting of title in the roads as subject-matter jurisdiction cannot be conferred by consent of the parties. Chavez v. County of Valencia, 1974-NMSC-035, 86 N.M. 205, 521 P.2d 1154. Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Highways, Streets and Bridges § 148. 39A C.J.S. Highways §§ 130 to 135.