reglab/housing_qa huggingface dataset:
NM Stat § 58-16-13 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 16 - Remote Financial Service Units|Section 58-16-13 - Confidentiality.

A. Every merchant having a POS terminal on its premises and every financial institution contracting for use of or operating a remote financial service unit shall adopt and maintain safeguards to insure the safety of funds of any third party in situations where deposits are accepted or cash advances or withdrawals are made and to insure the safety of items and other information, which safeguards shall include security precautions consistent with the appropriate minimum security requirements specified by applicable federal or state law or by federal or state regulatory agencies having jurisdiction over the POS terminal or remote financial service unit. B. A social security number shall not be used as a PIN or code to activate any remote financial service unit. C. To protect the privacy of persons using remote financial service units, information concerning a cardholder's account that is received by or processed through such units shall be treated and used only in accordance with applicable law relating to the dissemination and disclosure of such information. Any person operating a POS terminal shall take such steps as are reasonably necessary to protect the confidentiality of any information received or obtained about a cardholder's account by any individual manning a POS terminal. D. No person shall use or attempt to use a remote financial service unit for the purpose of obtaining any information concerning the account of a cardholder of a financial institution without prior approval of the cardholder, except where such information is reasonably necessary to complete or prevent the completion of or to reconstruct a transaction initiated through the remote financial service unit. No person shall obtain through the use of a remote financial service unit any information concerning the account of a cardholder other than that reasonably necessary to effect or prevent the transaction that the cardholder seeks to accomplish through its use or to reconstruct a transaction initiated through the remote financial service unit. E. Any transaction shall include the issuance of a receipt to the cardholder. No receipt shall be required, however, in any transaction involving a negotiable instrument that shall itself become a receipt. History: 1978 Comp., § 58-16-13, enacted by Laws 1990, ch. 123, § 13. ANNOTATIONSRepeals and reenactments. — Laws 1990, ch. 123, § 18 repeals the Remote Financial Service Unit Act, as enacted by Laws 1977, ch. 359, §§ 1 to 17 and enacted a new Remote Financial Service Unit Act, effective May 16, 1990.
NM Stat § 58-16-14 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 16 - Remote Financial Service Units|Section 58-16-14 - Issuance of card; liability of cardholder; limits of liability.

A. No card that will actuate a remote financial service unit shall be issued except in response to a request or application therefor. The prohibition does not apply to the issuance of a card in renewal of or in substitution for a card or as an adjunct to an established account. B. A cardholder shall be liable for the unauthorized use of his card due to loss, theft or other action only if the card has been accepted by the cardholder and the unauthorized use occurs before the cardholder has notified the issuer that an unauthorized use has occurred or may occur as a result of the loss, theft or other action. If the cardholder fails to notify the issuer within two business days after learning of the loss, theft or unauthorized use of the card, the cardholder's liability shall not exceed the lesser of five hundred dollars ($500) or the sum of: (1) fifty dollars ($50.00) or the amount of unauthorized EFT that occurs before the close of the two business days, whichever is less; and (2) the amount of unauthorized EFT that the issuer establishes would not have occurred but for the failure of the cardholder to notify the issuer within two business days after the cardholder learns of the loss or theft of the card and that occur after the close of two business days and before notice to the issuer. C. For the purposes of Subsection B of this section, a cardholder shall notify the issuer by taking such steps as may be reasonably required in the ordinary course of business to provide the issuer with the pertinent information whether or not any particular officer, employee or agent of the issuer does in fact receive such information. D. Except for losses due to the unauthorized use of the cardholder's card that are governed by the provisions of Subsection B of this section, no aggrieved cardholder shall be liable for the amount of any unauthorized withdrawal from the cardholder's account or any interest lost on the unauthorized amount withdrawn, if the financial institution is notified by the cardholder of the unauthorized withdrawal within the time period specified in Section 55-4-406 NMSA 1978 of the receipt by the cardholder of a statement from the financial institution listing such withdrawal, unless the cardholder by his negligence contributed to the unauthorized withdrawal. History: 1978 Comp., § 58-16-14, enacted by Laws 1990, ch. 123, § 14. ANNOTATIONSRepeals and reenactments. — Laws 1990, ch. 123, § 18 repeals the Remote Financial Service Unit Act, as enacted by Laws 1977, ch. 359, §§ 1 to 17 and enacted a new Remote Financial Service Unit Act, effective May 16, 1990.
NM Stat § 58-16-14.1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 16 - Remote Financial Service Units|Section 58-16-14.1 - Transaction fee.

A. A financial institution may charge a reasonable foreign transaction fee for use of an automated teller machine if the fee is disclosed: (1) on a sign posted on the automated teller machine or in clear view of the customer while viewing the machine; or (2) electronically during the course of the transaction in a manner that permits a customer to cancel the transaction without incurring the foreign transaction fee. B. For the purpose of this section, "foreign transaction fee" means a fee charged for the use of an automated teller machine to a noncustomer of the financial institution that owns the machine. History: 1978 Comp., § 58-16-14.1, enacted by Laws 1995, ch. 190, § 18.
NM Stat § 58-16-15 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 16 - Remote Financial Service Units|Section 58-16-15 - Civil liability.

A. A cardholder who is authorized to engage in transactions through or by means of remote financial service units may bring a civil action against a person violating the Remote Financial Service Unit Act for an amount equal to the sum of any actual damages sustained by the cardholder. Upon adverse adjudication, the defendant shall be liable for actual damages or fifty dollars ($50.00), whichever is greater, together with court costs and reasonable attorneys' fees incurred by the plaintiff. The court may provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further such violations of the Remote Financial Service Unit Act. If it appears to the court that the suit by the plaintiff was ill founded or brought for purposes of harassment, the plaintiff shall be liable for court costs and reasonable attorneys' fees incurred by the defendant. B. In the case of a class action, no minimum recovery for each member of the class shall be applicable and the total recovery in any such action is limited to the actual damages sustained by the members of the class but shall not exceed the lesser of one hundred thousand dollars ($100,000) or one percent of the net worth of the defendant. History: 1978 Comp., § 58-16-15, enacted by Laws 1990, ch. 123, § 15. ANNOTATIONSRepeals and reenactments. — Laws 1990, ch. 123, § 18 repeals the Remote Financial Service Unit Act, as enacted by Laws 1977, ch. 359, §§ 1 to 17 and enacted a new Remote Financial Service Unit Act, effective May 16, 1990. Am. Jur. 2d, A.L.R. and C.J.S. references. — Bank's liability, under state law, for disclosing financial information concerning depositor or customer, 81 A.L.R.4th 377.
NM Stat § 58-16-16 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 16 - Remote Financial Service Units|Section 58-16-16 - Criminal penalty.

A. Any person who knowingly and willfully violates any of the provisions of Section 14 [58-16-14 NMSA 1978] of the Remote Financial Service Unit Act may be found guilty of a petty misdemeanor. B. Any person who makes an unauthorized withdrawal from the account of another person with a financial institution, or who steals the card of another, or who makes an unauthorized use of the card of another is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978. History: 1978 Comp., § 58-16-16, enacted by Laws 1990, ch. 123, § 16. ANNOTATIONSRepeals and reenactments. — Laws 1990, ch. 123, § 18 repealed the Remote Financial Service Unit Act, as enacted by Laws 1977, ch. 359, §§ 1 to 17 and enacted a new Remote Financial Service Unit Act, effective May 16, 1990. Debit card theft. — Unlike Section 30-16-33 NMSA 1978, this section contemplates prosecution specifically for the unauthorized use of a debit card. Unlike the fraudulent use of a credit card, the fraudulent use of a debit card has immediate consequences for the victim as it causes the victim's checking account to be debited immediately. The separate penalty provisions of these statutes establishes that the legislature intended to punish violations of RFSUA differently than violations of Section 30-16-33 NMSA 1978. State v. Castillo, 2011-NMCA-046, 149 N.M. 536, 252 P.3d 760, cert. denied, 2011-NMCERT-004.
NM Stat § 58-16-17 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 16 - Remote Financial Service Units|Section 58-16-17 - Single subscriber terminals; exemption.

Single subscriber terminals shall be exempted from: A. ownership limitations otherwise imposed on off-premises ATMs; B. restricted geographic location; C. consideration as a financial institution branch office; and D. requirements for notice to the director. History: 1978 Comp., § 58-16-17, enacted by Laws 1990, ch. 123, § 17. ANNOTATIONSRepeals and reenactments. — Laws 1990, ch. 123, § 18 repeals the Remote Financial Service Unit Act, as enacted by Laws 1977, ch. 359, §§ 1 to 17 and enacted a new Remote Financial Service Unit Act, effective May 16, 1990.
NM Stat § 58-16-18 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 16 - Remote Financial Service Units|Section 58-16-18 - Repealed.

ANNOTATIONSRepeals. — Laws 1990, ch. 123, § 18 repealed 58-16-18 NMSA 1978, as enacted by Laws 1983, ch. 33, § 7, relating to exemption of single subscriber terminals, effective May 16, 1990. For provisions of former section, see the 1989 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 58-16-17 NMSA 1978.
NM Stat § 58-17-1 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 17 - Endowed Care of Cemeteries|Section 58-17-1 - Declaration of policy.

It is declared to be necessary in the public interest that cemeteries advertising or selling "endowed care or perpetual care" in connection with the sale of cemetery lots or burial spaces be subject to sufficient regulation by the state to ensure the establishment of sound business practices necessary to furnish the endowed care or perpetual care guaranteed. The provisions of the Endowed Care Cemetery Act [Chapter 58, Article 17 NMSA 1978] shall be liberally construed to carry out its purposes. History: 1953 Comp., § 67-29-1, enacted by Laws 1961, ch. 156, § 1; 2001, ch. 149, § 1. ANNOTATIONSCross references. — For regulation of municipal cemeteries, see 3-40-1 to 3-40-9 NMSA 1978. The 2001 amendment, effective July 1, 2001, substituted "endowed" for "endowment" at the end of the first sentence, deleted "of 1961" following "the Endowed Care Cemetery Act" and made stylistic changes throughout the section. Permission to invest trust funds in securities. — The state bank examiner (now the director of the financial institutions division of the regulation and licensing department) has the authority to require trustees of perpetual care cemetery trust funds to obtain his permission before investing the trust funds in certain securities. 1960 Op. Att'y Gen. No. 60-128. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Cemeteries §§ 6, 20. Duty to use proceeds of sale of cemetery lots for care, maintenance or improvement of cemetery as affected by statute, 124 A.L.R. 279. Liability of cemetery in connection with conducting or supervising burial services, 42 A.L.R.4th 1059. Dead bodies: liability for improper manner of reinterment, 53 A.L.R.4th 394. Validity, construction, and application of statutes or ordinances regulating perpetual-care trust funds of cemeteries and mausoleums, 54 A.L.R.5th 681. 14 C.J.S. Cemeteries §§ 3, 26, 27.
NM Stat § 58-17-2 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 17 - Endowed Care of Cemeteries|Section 58-17-2 - Short title.

Chapter 58, Article 17 NMSA 1978 may be cited as the "Endowed Care Cemetery Act". History: 1953 Comp., § 67-29-2, enacted by Laws 1961, ch. 156, § 2; 2001, ch. 149, § 2. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, substituted "Chapter 58, Article 17 NMSA 1978" for "This act" and deleted "of 1961" following "the Endowed Care Cemetery Act".
NM Stat § 58-17-5 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 17 - Endowed Care of Cemeteries|Section 58-17-5 - Loans by cemeteries.

Except upon written approval of the director, no loan or investment of care funds accepted by a cemetery authority shall be made: A. to any officer, director or trustee of the cemetery authority or to any person in which any officer, director or trustee of the cemetery authority has a controlling interest; B. on or in real estate or in a note, bond, mortgage or deed of trust in which any officer, director or trustee of the cemetery authority has any financial interest; or C. on or in any unproductive real estate or real estate outside this state or permanent improvements of the cemetery or any of its facilities unless specifically authorized by the instrument by which the principal fund was created. No commission or brokerage fee for the purchase or sale of property shall be paid in excess of that usual and customary at the time and in the locality where the purchase or sale is made, and all commissions and brokerage fees shall be fully reported in the next annual statement of the cemetery authority or trustee. History: 1953 Comp., § 67-29-5, enacted by Laws 1961, ch. 156, § 5; 2001, ch. 149, § 5. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, in the introductory language, substituted "director" for "state bank examiner", substituted "no loan or investment of care funds accepted by a cemetery authority shall be made" for "no loan or investment of any care funds by any cemetery authority owning, operating, controlling or managing a cemetery or by any trustee shall be made"; and substituted "person" for "firm, corporation, association or partnership" in Subsection A. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 C.J.S. Cemeteries § 10.
NM Stat § 58-17-7 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 17 - Endowed Care of Cemeteries|Section 58-17-7 - Representations regarding care and maintenance to be furnished.

A cemetery authority, agent, servant or employee of it or another person shall not advertise, represent, guarantee, promise or contract that perpetual care, permanent care, perpetual or permanent maintenance, care forever, continuous care, eternal care, everlasting care, endowed care or any similar or equivalent care or care for any number of years of any cemetery or of any lot, grave, crypt or niche or of any family mausoleum, memorial, marker or monument will be furnished until he has complied with the provisions of the Endowed Care Cemetery Act. History: 1953 Comp., § 67-29-7, enacted by Laws 1961, ch. 156, § 7; 2001, ch. 149, § 7. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, deleted "of 1961" following "Endowed Care Cemetery Act" and made stylistic changes throughout the section.
NM Stat § 58-17-8 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 17 - Endowed Care of Cemeteries|Section 58-17-8 - Care funds not subject to tax.

The care funds authorized in the Endowed Care Cemetery Act and all sums paid into those funds or contributed to those funds are expressly permitted and are for charitable and eleemosynary purposes. Care funds are provided for the discharge of the duty due from the person contributing to those funds to the persons interred and to be interred in the cemetery and likewise are a provision for the benefit and protection of the public by preserving and keeping cemeteries from becoming places of disorder, reproach and desolation in the communities in which they are situated. The care funds authorized in the Endowed Care Cemetery Act and the income from those funds and funds received under a contract to furnish care of burial space shall be exempt from taxation. No payment, gift, grant, bequest or other contribution for general endowed care is invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instruments creating the trust nor shall care funds or a contribution to them be deemed to be invalid as violating any law against perpetuities or the suspension of the power of alienation of title to property. History: 1953 Comp., § 67-29-8, enacted by Laws 1961, ch. 156, § 8; 2001, ch. 149, § 8. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, substituted "in the Endowed Care Cemetery Act" for "herein" in two places; deleted "endowed" preceding "care funds" in two places; and made stylistic changes throughout the section.
NM Stat § 58-17-9 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 17 - Endowed Care of Cemeteries|Section 58-17-9 - Compliance with law required.

A. It is unlawful for a cemetery to hold out to the public or sell endowed care in connection with the sale of burial space until it has complied with the requirements of the Endowed Care Cemetery Act. Endowed care cemeteries shall establish and maintain with a state or federally chartered depository institution or trust company doing business in the state an irrevocable trust fund, the income only of that fund to be available to the cemetery in the furnishing of endowed care. Provided, however, that when the cemetery authority certifies to the director that the services of a state or federally chartered depository institution or trust company are not available, the cemetery may appoint as trustee one or more individuals, none of whom shall be an officer, director, representative, employee or relative of an officer, director or employee of the cemetery authority, which trustee shall have all powers of investment as provided in this section. Endowed care cemeteries may pool their care funds pursuant to Subsection D of Section 58-17-4 NMSA 1978 as approved by the director upon request by the cemeteries. The net income from the investment of care funds shall never be used for the improvement or embellishment of unsold property to be offered for sale. B. In establishing its care funds, the cemetery authority may from time to time adopt plans for the general care, maintenance and embellishment of its cemetery, and if the cemetery originally sold cemetery lots without provision for endowed care, it shall have the right to accept deposits from those lot owners for the purpose of establishing endowed care on those lots, provided that the deposits are disposed of in the same manner as regular care funds. History: 1953 Comp., § 67-29-9, enacted by Laws 1961, ch. 156, § 9; 2001, ch. 149, § 9. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, inserted Subsection designations A and B; in Subsection A, substituted "federally chartered depository institution" for "national bank" in the second and third sentences, substituted "director" for "state bank examiner" in the third sentence, and inserted the fourth sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Cemeteries § 24. Duty to use proceeds of sale of cemetery lots for care, maintenance or improvement of cemetery as affected by statute, 124 A.L.R. 279. 14 C.J.S. Cemeteries § 10.
NM Stat § 58-17-11 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 17 - Endowed Care of Cemeteries|Section 58-17-11 - Deposit or bond of endowed care cemeteries.

If a cemetery authority is duly organized and desires to accept care funds authorized by the Endowed Care Cemetery Act, it shall make an initial deposit to the care fund of twenty-five thousand dollars ($25,000). In lieu of the initial deposit, the cemetery authority may furnish a surety bond issued by a bonding company or insurance company authorized to do business in this state in the face amount of thirty-five thousand dollars ($35,000), and the bond shall run to the trustee for the benefit of the care funds held by the trustee. This bond shall be for the purpose of guaranteeing an accumulation of twenty-five thousand dollars ($25,000) in the care fund and also for the purpose of assuring that the cemetery authority shall provide annual endowed care in an amount equal to the annual reasonable return on a secured cash investment of twenty-five thousand dollars ($25,000) until that amount is accumulated in the care funds, and these shall be the conditions of the surety bond; provided, however, the liability of the principal and surety on the bond shall in no event exceed thirty-five thousand dollars ($35,000). Provided further that whenever a cemetery authority which has made an initial deposit to the care fund demonstrates to the satisfaction of the director that more than twenty-five thousand dollars ($25,000) has been accumulated in the care fund, the cemetery authority may petition the director for an order allowing the cemetery authority to begin to withdraw its deposit from the care fund, so long as at least twenty-five thousand dollars ($25,000) always remains in the care fund. History: 1953 Comp., § 67-29-11, enacted by Laws 1961, ch. 156, § 11; 1981, ch. 192, § 3; 2001, ch. 149, § 11. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, increased all dollar amounts in the section by five thousand; and in the third sentence, substituted "annual endowed care" for "annual perpetual or endowment care". Am. Jur. 2d, A.L.R. and C.J.S. references. — 14 Am. Jur. 2d Cemeteries § 6. 14 C.J.S. Cemeteries § 10.
NM Stat § 58-17-12 (2021)
2021 New Mexico Statutes|Chapter 58 - Financial Institutions and Regulations|Article 17 - Endowed Care of Cemeteries|Section 58-17-12 - Display of signs.

A cemetery authority authorized to accept care funds shall post in a conspicuous place at or near each entrance of the cemetery a clearly legible sign containing letters not less than six inches in height stating "Endowed Care Cemetery". Those cemeteries that furnish endowed care to some portions and no endowed care to other portions shall display appropriate signs of the same size letters designating which part is subject to endowed care and which part is not. Cemeteries that do not furnish endowed care shall display a sign containing letters not less than six inches in height stating "No Endowed Care". History: 1953 Comp., § 67-29-12, enacted by Laws 1961, ch. 156, § 12; 2001, ch. 149, § 12. ANNOTATIONSThe 2001 amendment, effective July 1, 2001, made stylistic changes throughout the section.