reglab/housing_qa huggingface dataset:
NM Stat § 52-8-9 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-9 - Fund membership termination.

A. The board may recommend to the director that a private employer be terminated as a self-insurer. The director may also terminate a self-insurer at his own initiative. B. In the case of termination, the fund shall remain liable for future compensation for injuries and diseases to workers of the private employer that occurred prior to termination as a qualified self-insurer. History: Laws 1990 (2nd S.S.), ch. 2, § 117. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 117 effective January 1, 1991.
NM Stat § 52-8-10 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-10 - Withdrawal of certification; grounds.

A. If certification of a self-insurer is withdrawn by the director, the private employer shall not be considered a self-insurer during any appeal of that determination. The private employer shall therefore obtain any necessary coverage from other sources pending resolution of the appeal. B. Certification of a self-insurer may be withdrawn by the director in accordance with regulations he adopts. The regulations shall consider the following as grounds for termination: (1) the employer no longer meets the requirements, financial or otherwise, of being a qualified self-insurer; (2) the self-insurer engages in or induces workers to engage in fraudulent practices; (3) the self-insurer fails to comply with rules and regulations of the director; or (4) the self-insurer fails to maintain a sufficient fund balance, in which event certification shall be withdrawn effective the date that the fund balance is insufficient. History: Laws 1990 (2nd S.S.), ch. 2, § 118. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 118 effective January 1, 1991.
NM Stat § 52-8-11 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-11 - Rules and regulations.

The director shall adopt rules and regulations that he determines are necessary or appropriate to fulfill the purposes of and implement the provisions of the Self-Insurers' Guarantee Fund Act including requiring adequate accountability of the collection and disbursement of money in the fund. History: Laws 1990 (2nd S.S.), ch. 2, § 119. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 119 effective January 1, 1991.
NM Stat § 52-8-12 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 8 - Self-Insurers' Guarantee Fund Act|Section 52-8-12 - Regulations remain in effect; initial commission general members.

A. The regulations adopted by the director to determine whether a private employer is financially solvent and does not need insurance coverage under Section 52-1-4 NMSA 1978 shall remain in effect until superceded by regulations adopted by the director pursuant to the Self-Insurers' Guarantee Fund Act. The director may require a self-insurer to provide a bond or other suitable financial instrument. B. The initial general members of the commission shall be private employers certified as of January 1, 1992, as being financially solvent and not needing insurance coverage under Section 52-1-4 NMSA 1978. History: Laws 1990 (2nd S.S.), ch. 2, § 120. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 120 effective January 1, 1991.
NM Stat § 52-9-1 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-1 - Short title.

Sections 121 through 144 [52-9-1 to 52-9-24 NMSA 1978] of this act may be cited as the "Employers Mutual Company Act". History: Laws 1990 (2nd S.S.), ch. 2, § 121. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 121 effective January 1, 1991. Compiler's notes. — The phrase "this act" means Laws 1990 (2nd S.S.), ch. 2, §§ 121 to 144 which appear as 52-9-1 to 52-9-24 NMSA 1978. Constitutionality. — Under existing New Mexico case law, the legislation creating the employers mutual company appears to be an unconstitutional special law chartering or licensing an insurance company. Because the company is intended to be operated as a private entity, it is not clear that the exemption from the prohibition against special laws created by other states' courts for public corporations would save the legislation. 1990 Op. Att'y Gen. No. 90-25. The latest pronouncements of the New Mexico supreme court indicate that a loan of state funds to the employers mutual company, as authorized by the workers' compensation law, violates the antidonation clause of Article IX, Section 14 of the New Mexico Constitution. 1990 Op. Att'y Gen. No. 90-25. The 1990 workers' compensation legislation is constitutionally infirm under N.M. Const., Art. VIII, § 10 to the extent the legislature intends to supplant its judgment for that of the state investment council and the state investment officer in determining whether to invest the severance tax permanent fund in bonds issued by the employers mutual company and to direct that the severance tax permanent fund purchase those bonds. To that extent also, the legislation may constitute a prohibited loan guaranty arrangement under N.M. Const., Art. IX, § 14. However, the legislature has not clearly and unequivocally mandated the purchase. Consequently, it may not be concluded that the legislation is patently unconstitutional on those grounds. 1990 Op. Att'y Gen. No. 90-25. Law reviews. — For survey of 1990-91 workers' compensation law, see 22 N.M.L. Rev. 845 (1992).
NM Stat § 52-9-2 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-2 - Findings and purpose.

A. The legislature finds that the cost, service and benefits of workers' compensation and occupational disease disablement insurance are of utmost importance to the health, welfare and economic well-being of all the citizens of New Mexico. To help provide competitive workers' compensation insurance coverage, the legislature enacts the Employers Mutual Company Act. B. The legislature finds that, based on the relative amounts of premiums paid, small and medium-sized employers who are good risks for workers' compensation and occupational disease disablement insurance nevertheless can face serious obstacles in securing insurance at reasonable rates in the private voluntary market. A primary purpose of the Employers Mutual Company Act is to create an insurance entity that will provide, consistent with sound underwriting practices, assistance and competitively priced workers' compensation and occupational disease disablement insurance to those small and medium-sized employers. C. The legislature finds that employers of all sizes should benefit from the availability of competitively priced insurance from the employers mutual company. A purpose of the Employers Mutual Company Act is to create an insurance entity that will provide assistance and competitively priced workers' compensation and occupational disease disablement insurance to all employers; provided, however, that priority attention is reserved for small and medium-sized employers. D. The legislature finds that workers' compensation and occupational disease disablement insurance premiums and costs are at a critically high level that threatens the health of New Mexico's economy. A purpose of the Employers Mutual Company Act is to improve and stimulate the state's economy, including critical industries relating to oil and gas production in the state. The legislature further finds that improving the workers' compensation and occupational disease disablement system in New Mexico by creating the employers mutual company will enhance the performance of industries relating to oil and gas production and increase severance tax revenues. For these reasons, the legislature finds investment of the severance tax permanent fund in revenue bonds issued by the employers mutual company is a prudent investment and provides adequate legal consideration for the state. E. The legislature finds a serious lack of relevant data based on New Mexico experience alone that can be used to assess the impact of workers' compensation and occupational disease disablement laws in the state. A purpose of the Employers Mutual Company Act is to generate data on New Mexico experience alone to assess more accurately the performance of New Mexico's workers' compensation and occupational disease disablement system and the impact of New Mexico's laws. History: Laws 1990 (2nd S.S.), ch. 2, § 122. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 122 effective January 1, 1991.
NM Stat § 52-9-3 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-3 - Definitions.

As used in the Employers Mutual Company Act: A. "benefits" means any benefits to which a worker may be entitled under the provisions of the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978], the Subsequent Injury Act and the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978]; B. "board" means the board of directors of the employers mutual company created under the Employers Mutual Company Act; C. "claim" means the assertion by or on behalf of a worker of a right to benefits; D. "company" means the employers mutual company created and authorized under the Employers Mutual Company Act; E. "director" or "member" means a member of the board; F. "president" means the president of the employers mutual company; and G. "worker" means an individual who is included in the definition of "worker" under Section 52-1-16 NMSA 1978 or "employee" under Section 52-3-3 NMSA 1978. History: Laws 1990 (2nd S.S.), ch. 2, § 123. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 123 effective January 1, 1991. Compiler's notes. — For the Subsequent Injury Act, see 52-2-1 NMSA 1978 and notes thereto.
NM Stat § 52-9-4 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-4 - Employers mutual company created; organized as a domestic mutual insurance company.

The "employers mutual company" is created as a nonprofit, independent, public corporation for the purpose of insuring employers against the risk of liability for payment of benefits claims to workers. The company shall be organized as a domestic mutual insurance company and shall be domiciled in a class A county. History: Laws 1990 (2nd S.S.), ch. 2, § 124. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 124 effective January 1, 1991.
NM Stat § 52-9-6 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-6 - Board; directors as appointed public officials of state; excluded from personal liability.

Directors are appointed public officials of the state while carrying out their duties and activities under the Employers Mutual Company Act. The directors and the employees of the company are not liable personally, either jointly or severally, for any debt or obligation created or incurred by the company or for any act performed or obligation entered into in an official capacity when done in good faith, without intent to defraud and in connection with the administration, management or conduct of the company or affairs relating to it. History: Laws 1990 (2nd S.S.), ch. 2, § 126. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 126 effective January 1, 1991.
NM Stat § 52-9-7 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-7 - President.

The company is under the administrative control of the president. He shall be in charge of the day-to-day operation and management of the company. The board shall appoint the president, and he shall serve at the pleasure of the board. He shall receive compensation as set by the board. The president shall have proven successful experience as an executive at the general management level in the insurance, or self-insurance, business. History: Laws 1990 (2nd S.S.), ch. 2, § 127. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 127 effective January 1, 1991.
NM Stat § 52-9-8 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-8 - Exclusion of state's liability.

The state shall not be liable for any obligations incurred by the company. History: Laws 1990 (2nd S.S.), ch. 2, § 128. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 128 effective January 1, 1991.
NM Stat § 52-9-9 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-9 - Use of company assets.

The assets of the company shall be applicable to the payment of losses sustained on account of insurance issued by it and to the payment of salaries, dividends as provided in Sections 131 and 132 [52-9-11, 52-9-12 NMSA 1978] of this act and other expenses. History: Laws 1990 (2nd S.S.), ch. 2, § 129. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 129 effective January 1, 1991.
NM Stat § 52-9-10 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-10 - Company to be competitive; safety incentives and penalties; loss control, case management and utilization review.

A. The company shall be competitive with other insurers of workers' compensation and occupational disease disablement insurance. It is the expressed intent of the legislature that the company shall ultimately become self-supporting. For that purpose, loss experience and expense shall be ascertained, and dividends, credits or rate deviations may be made, as provided in the Employers Mutual Company Act. In order to control costs, the company shall provide as many of its services in-house as practicable. B. The company shall be liable to the same extent as any private insurance company for the payments that are required to be made under Chapter 59A, Article 43 NMSA 1978 to protect against the insolvency of any other insurer of workers' compensation or occupational disease disablement. Likewise, the company shall receive the same benefits under those provisions as any other insurer of workers' compensation or occupational disease disablement. C. The company shall provide necessary assistance to its policyholders regarding workplace safety. The company may reward or penalize policyholders depending upon their participation in workplace safety programs, actual loss reduction and safety performance. The company shall notify its policyholders of all safety services provided at the time of issuance or renewal of a policy. D. The company shall provide its policyholders with loss-control services to prevent accidents from occurring, case management review to monitor the status, progress and appropriateness of each claim filed and to help workers return to work, and utilization review to determine the appropriateness of medical services charged. History: Laws 1990 (2nd S.S.), ch. 2, § 130. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 130 effective January 1, 1991.
NM Stat § 52-9-11 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-11 - Annual accountings; possible dividends and credits.

The incurred loss experience and expense of the company shall be ascertained each year. If there is an excess of assets over liabilities, necessary reserves and a reasonable surplus for the catastrophe hazard, then a cash dividend may be declared to or a credit allowed to an employer who has been insured with the company in accordance with criteria approved by the board, which may account for the employer's safety record and performance. History: Laws 1990 (2nd S.S.), ch. 2, § 131. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 131 effective January 1, 1991.
NM Stat § 52-9-12 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-12 - Amount of dividends or credits.

The cash dividend or credit to an employer shall be an amount that the board in its discretion considers appropriate. History: Laws 1990 (2nd S.S.), ch. 2, § 132. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 132 effective January 1, 1991.
NM Stat § 52-9-13 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-13 - Ability of company to transact workers' benefits insurance.

Effective no later than January 1, 1992, the company shall transact insurance business to provide coverage for workers' benefits and employers' liability. History: Laws 1990 (2nd S.S.), ch. 2, § 133. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 133 effective January 1, 1991.
NM Stat § 52-9-14 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-14 - Investment counsel.

The company may retain an independent investment counsel. The board shall periodically review and appraise the investment strategy being followed and the effectiveness of such services. Any investment counsel retained or hired shall report at least once a month to the board on investment results and related matters. History: Laws 1990 (2nd S.S.), ch. 2, § 134. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 134 effective January 1, 1991.
NM Stat § 52-9-15 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-15 - Powers of company.

The company may: A. insure any New Mexico employer for workers' compensation and employer's liability coverage to the same extent as any other insurer; B. indemnify a New Mexico employer against his liability for workers' compensation and employer's liability coverage under the laws of any other state for New Mexico employees temporarily working outside this state if the company insures the employer's workers who work within this state; C. sue and be sued in all actions arising out of any act or omission in connection with its business or affairs; D. enter into any contracts or obligations relating to the company that are authorized or permitted by law; E. issue revenue bonds as authorized pursuant to the Employers Mutual Company Act; F. invest and reinvest money belonging to the company as provided in the Employers Mutual Company Act; and G. conduct all business and affairs and perform all acts in carrying out its function whether or not specifically designated in the Employers Mutual Company Act. History: Laws 1990 (2nd S.S.), ch. 2, § 135. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 135 effective January 1, 1991.
NM Stat § 52-9-16 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-16 - Powers of president.

In conducting the business and affairs of the company, the president may, subject to restrictions imposed by the board, carry out the policies and procedures established by the board and may: A. enter into contracts of workers' compensation and employer's liability insurance; B. sell annuities covering workers' compensation and employer's liability insurance; C. decline to insure any risk that does not meet the minimum underwriting standards established by the board; D. reinsure any risk or a part of a risk; E. cause the payrolls or other operations of employers applying for insurance to the company to be inspected and audited; F. make rules for the settlement of claims against the company; G. contract, on the same basis as insurers, with health care providers, as defined in Section 52-4-1 NMSA 1978, for the treatment and care of workers entitled to benefits from the company; H. make safety inspections of risks and furnish advisory services to employers on safety and health measures; I. act for the company in collecting and disbursing money necessary to administer the company and conduct its business; J. sign contracts and incur obligations, including revenue bonds, on behalf of the company; K. perform all acts necessary to exercise power, authority or jurisdiction over the company to discharge its functions and fulfill its responsibilities, including the establishment of premium rates; and L. conduct all business and affairs and perform all acts in carrying out his duties whether or not specifically designated in the Employers Mutual Company Act. History: Laws 1990 (2nd S.S.), ch. 2, § 136. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 136 effective January 1, 1991.
NM Stat § 52-9-17 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-17 - Company audit.

The board shall cause an annual audit of the books of accounts, funds and securities of the company to be made by a competent and independent firm of certified public accountants, the cost of the audit to be a charge against the company. A copy of the audit report shall be filed with the superintendent of insurance and the president. The audit shall be open to the public for inspection. History: Laws 1990 (2nd S.S.), ch. 2, § 137. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 137 effective January 1, 1991.
NM Stat § 52-9-18 (2021)
2021 New Mexico Statutes|Chapter 52 - Workers' Compensation|Article 9 - Employers Mutual Company|Section 52-9-18 - Company assets.

In addition to other provisions of law governing regulation of insurance companies, if the superintendent of insurance finds that the company does not own assets at least equal to all liabilities and required reserves together with the minimum basic surplus and free surplus required of a mutual casualty insurer by the Insurance Code, or that its condition is such as to render the continuance of its business hazardous to the public or to the holders of its policies or certificates of insurance, the superintendent shall: A. notify the president and chairman of the board of that determination; B. furnish the company with a written list of the superintendent's recommendations to abate the determination; and C. notify the governor, the president pro tempore of the senate, the speaker of the house of representatives and the legislative finance committee of the recommendations of the superintendent and any actions taken in response by the company. History: Laws 1990 (2nd S.S.), ch. 2, § 138. ANNOTATIONSEffective dates. — Laws 1990 (2nd S.S.), ch. 2, § 153 made Laws 1990 (2nd S.S.), ch. 2, § 138 effective January 1, 1991. Cross references. — For the Insurance Code, see 59A-1-1 NMSA 1978 and notes thereto.