reglab/housing_qa huggingface dataset:
NM Stat § 59A-58-5 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-5 - Registration requirements.

A. A provider who wishes to issue, sell or offer for sale service contracts in this state must submit to the superintendent:(1) a registration application on a form prescribed by the superintendent;(2) proof that the provider has complied with the requirements for security pursuant to Section 59A-58-6 NMSA 1978;(3) the name, address and telephone number of each administrator with whom the provider intends to contract, if any; and(4) provided that House Bill 248 of the first session of the fifty-fifth legislature:(a) becomes law, the registration renewal fee provided in Section 59A-6-1 NMSA 1978; or(b) does not become law, a fee of five hundred dollars ($500).B. A provider's registration is valid for one year after the date the registration is filed. A provider may renew the provider's registration if, before the registration expires, the provider submits to the superintendent an application on a form prescribed by the superintendent and, provided that House Bill 248 of the first session of the fifty-fifth legislature:(1) becomes law, the registration renewal fee provided in Section 59A-6-1 NMSA 1978; or(2) does not become law, a fee of five hundred dollars ($500).C. The provisions of this section shall not apply to major manufacturing companies' service contracts. D. Service contract forms are not required to be filed with the superintendent. History: Laws 2001, ch. 206, § 5; 2017, ch. 125, § 4; 2021, ch. 108, § 36. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, revised registration requirements to issue, sell or offer for sale service contracts, conditioned on the passage of House Bill 248 of the first session of the fifty-fifth legislature; in Subsection A, added Paragraph A(4); and in Subsection B, after "superintendent and", added "provided that House Bill 248 of the first session of the fifty-fifth legislature", and added Paragraphs B(1) and B(2).The 2017 amendment, effective June 16, 2017, specified that service contract forms are not required to be filed with the superintendent of insurance, and made certain technical changes; in Subsection A, in Paragraph A(2), changed "7 of the Service Contract Regulation Act" to "59A-58-6 NMSA 1978", in Paragraph A(3), after "contract", added "if any"; and added Subsection D.
NM Stat § 59A-58-7 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-7 - Transactions exempt from premium tax.

The premium tax imposed pursuant to Chapter 59A, Article 6 NMSA 1978 does not apply to any business transacted pursuant to the provisions of the Service Contract Regulation Act. History: Laws 2001, ch. 206, § 7. ANNOTATIONSCross references. — For exemption of the Service Contract Regulation Act, see 59A-58-7 NMSA 1978. Effective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 7 effective July 1, 2002.
NM Stat § 59A-58-8 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-8 - Transactions not subject to New Mexico Insurance Code; exceptions.

A. Except as otherwise provided in the Service Contract Regulation Act, the marketing, issuance, sale, offering for sale, making, proposing to make and administration of service contracts are not subject to the provisions of the New Mexico Insurance Code [Chapter 59A NMSA 1978], except, when applicable, the provisions of Chapter 59A, Article 16 NMSA 1978. B. A provider, person who sells service contracts, administrator or any other person is not required to obtain a certificate of authority or license from the superintendent to issue, sell, offer for sale or administer service contracts. History: Laws 2001, ch. 206, § 8. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 8 effective July 1, 2002.
NM Stat § 59A-58-9 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-9 - Right of holder to return service contract for refund.

A. A service contract is void and a provider shall refund to the holder the purchase price of the service contract if the holder has not made a claim under the service contract and the holder returns the service contract to the provider:(1) within twenty days after the date the provider mails a copy of the service contract to the holder;(2) within ten days after the purchaser receives a copy of the service contract if the provider furnishes the holder with the copy at the time the contract is purchased; or(3) within a longer period specified in the service contract.B. The right of a holder to return a service contract pursuant to Subsection A of this section applies only to the original purchaser of the service contract.C. Subsequent to the time period specified in Subsection A of this section, or if a claim was made during that time period, a holder may cancel a service contract and the provider shall refund to the contract holder one hundred percent of the unearned pro rata provider fee, less any claims paid. If the service contract is canceled by the holder, a reasonable administrative fee may be charged by the provider, not to exceed ten percent of the purchase price of the service contract. A provider who cancels a service contract may not impose an administrative fee.D. A service contract must include a provision that clearly states the right of a holder to return a service contract pursuant to this section. Notwithstanding Subsection C of this section, a provider is not required to deduct the amount of any claims paid under a service contract from the amount of a refund a holder is entitled to.E. The provider shall refund to the holder or credit to the account of the holder the purchase price of the service contract within sixty days after a service contract is returned pursuant to Subsection A of this section. If the provider fails to refund the purchase price or credit the account of the holder within that time, the provider shall pay the holder a penalty of ten percent of the purchase price for each thirty-day period or portion thereof that the refund and any accrued penalties remain unpaid. History: Laws 2001, ch. 206, § 9; 2019, ch. 254, § 2. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, revised the procedure for canceling a service contract; in Subsection B, after "contract pursuant to", added "Subsection A"; added a new Subsection C and redesignated former Subsections C and D as Subsections D and E, respectively; and in Subsection D, added the last sentence.
NM Stat § 59A-58-10.1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-10.1 - Automatic renewal; notice.

A. A provider shall not include an automatic renewal provision within a service contract offered in this state unless the provider discloses the terms of the automatic renewal provision in a clear and conspicuous manner, or in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer and the consumer consents to the terms of the automatic renewal provision.B. A provider shall provide notice to a holder specifying, in a clear and conspicuous manner, the procedure by which the holder may cancel the service contract, and such notice shall be provided at least thirty days before the last day on which the holder may give notice of the holder's intention not to renew the service contract but not sooner than sixty days before the last day on which the holder may give notice of the holder's intention not to renew.C. The notice required by Subsection B of this section may be provided by United States mail, postage prepaid, or electronic mail if the consumer consents to receive notice via electronic mail at the inception of the service contract.History: Laws 2019, ch. 254, § 3. ANNOTATIONSEffective dates. — Laws 2019, ch. 254 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
NM Stat § 59A-58-11 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-11 - Receipt for and copy of service contract required.

A. A provider shall provide a receipt for, or other written evidence of, the purchase of a service contract. B. The provider shall furnish a copy of the service contract to the holder within a reasonable time after the contract is purchased. History: Laws 2001, ch. 206, § 11. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 11 effective July 1, 2002.
NM Stat § 59A-58-12 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-12 - Cancellation of service contract.

A. No service contract that has been in effect for at least seventy days may be canceled by the provider before the expiration of the agreed term or one year after the effective date of the service contract, whichever occurs first, except on any of the following grounds: (1) failure by the holder to pay an amount when due; (2) conviction of the holder of a crime that results in an increase in the service required under the service contract; (3) discovery of fraud or material misrepresentation by the holder in obtaining the service contract or in presenting a claim for service thereunder; or (4) discovery of either of the following if it occurred after the effective date of the service contract and substantially and materially increased the service required under the service contract: (a) an act or omission by the holder; or (b) a violation by the holder of any condition of the service contract. B. No cancellation of a service contract may become effective until at least fifteen days after the notice of cancellation is mailed to the holder. History: Laws 2001, ch. 206, § 12. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 12 effective July 1, 2002.
NM Stat § 59A-58-13 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-13 - Business name restrictions.

A. Except as otherwise provided in this section, a provider shall not include in the name of his business: (1) the words "insurance", "casualty", "surety", "mutual" or any other word or term that implies that he is engaged in the business of transacting insurance or is a surety company; or (2) a name that is deceptively similar to the name or description of an insurer or surety company or the name of another provider. B. A provider may include the word "guaranty" or a similar word in the name of his business. C. This section does not apply to a provider who, before January 1, 2002, includes in the name of his business a name that does not comply with the provisions of Subsection A of this section. Such a provider shall include in each service contract he issues, sells or offers for sale a statement that the service contract is not a contract of insurance. History: Laws 2001, ch. 206, § 13. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 13 effective July 1, 2002.
NM Stat § 59A-58-14 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-14 - Prohibition of requiring purchase of service contract as a condition of loan approval or purchase of property.

No person may require the purchase of a service contract as a condition for the approval of a loan or the purchasing of property. History: Laws 2001, ch. 206, § 14. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 14 effective July 1, 2002.
NM Stat § 59A-58-15 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-15 - Records requirements.

A. A provider shall maintain records of the transactions governed by the Service Contract Regulation Act. The records of a provider shall include: (1) a copy of each type of service contract that the provider issues, sells or offers for sale; (2) the name and address of each holder who possesses a service contract under which the provider has a duty to perform, to the extent that the provider knows the name and address of each holder; (3) a list that includes each location where the provider issues, sells or offers for sale service contracts; and (4) the date and a description of each claim made by a holder under a service contract. B. Except as otherwise provided in this subsection, a provider shall retain all records relating to a service contract for at least one year after the contract has expired. A provider who intends to discontinue doing business in this state shall provide the superintendent with satisfactory proof that he has discharged his duties to the holders in this state and shall not destroy his records without the prior approval of the superintendent. C. The records required to be maintained pursuant to this section may be stored on a computer disk or other storage device for a computer from which the records can be readily printed. D. The provisions of this section shall not apply to major manufacturing companies' service contracts. History: Laws 2001, ch. 206, § 15. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 15 effective July 1, 2002.
NM Stat § 59A-58-16 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-16 - Examinations and inspection of books by superintendent.

A. The superintendent may conduct examinations to enforce the provisions of the Service Contract Regulation Act pursuant to Chapter 59A, Article 4 NMSA 1978 at such times as he deems necessary. B. A provider shall, upon the request of the superintendent, make available to the superintendent for inspection any accounts, books and records concerning any service contract issued, sold or offered for sale by the provider that are reasonably necessary to enable the superintendent to determine whether the provider is in compliance with the provisions of the Service Contract Regulation Act. C. The provisions of this section shall not apply to major manufacturing companies' service contracts. History: Laws 2001, ch. 206, § 16. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 16 effective July 1, 2002.
NM Stat § 59A-58-17 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-17 - Civil penalty for violation.

A person who violates any provision of the Service Contract Regulation Act or an order or rule of the superintendent issued or adopted pursuant thereto may be assessed a civil penalty by the superintendent of not more than five thousand dollars ($5,000) for each act or violation, not to exceed an aggregate amount of one hundred thousand dollars ($100,000) for violations of a similar nature. For the purposes of this section, violations shall be deemed to be of a similar nature if the violations consist of the same or similar conduct, regardless of the number of times the conduct occurred. History: Laws 2001, ch. 206, § 17. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 17 effective July 1, 2002.
NM Stat § 59A-58-18 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 58 - Service Contract Regulation|Section 59A-58-18 - Rulemaking.

The superintendent may adopt rules necessary to carry out the provisions of the Service Contract Regulation Act. History: Laws 2001, ch. 206, § 18. ANNOTATIONSEffective dates. — Laws 2001, ch. 206, § 20 made Laws 2001, ch. 206, § 18 effective July 1, 2002.
NM Stat § 59A-59-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 59 - Prescription Drug Uniform Information Card|Section 59A-59-1 - Short title.

This act [59A-59-1 to 59A-59-4 NMSA 1978] may be cited as the "Prescription Drug Uniform Information Card Act". History: Laws 2003, ch. 373, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 373, § 5 made the Prescription Drug Uniform Information Card Act effective July 1, 2003.
NM Stat § 59A-59-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 59 - Prescription Drug Uniform Information Card|Section 59A-59-2 - Intent of legislature.

It is the intent of the legislature to improve care for patients by enacting the Prescription Drug Uniform Information Card Act to minimize confusion, eliminate unnecessary paperwork, decrease administrative burdens and streamline dispensing of prescription products paid for by third party payors. History: Laws 2003, ch. 373, § 2. ANNOTATIONSEffective dates. — Laws 2003, ch. 373, § 5 made the Prescription Drug Uniform Information Card Act effective July 1, 2003.
NM Stat § 59A-59-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 59 - Prescription Drug Uniform Information Card|Section 59A-59-4 - Applicability.

A. All health benefit plans issued or renewed on or after July 1, 2003 shall comply with the Prescription Drug Uniform Information Card Act no later than two years after July 1, 2003. For purposes of that act, renewal of a health benefit policy, contract or plan is presumed to occur on each anniversary of the date on which coverage was first effective for the persons covered by the health benefit plan. B. The Prescription Drug Uniform Information Card Act shall not apply to the medicaid fee-for-service prescription drug program. History: Laws 2003, ch. 373, § 4. ANNOTATIONSEffective dates. — Laws 2003, ch. 373, § 5 made the Prescription Drug Uniform Information Card Act effective July 1, 2003.
NM Stat § 59A-60-1 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 60 - Portable Electronics Insurance|Section 59A-60-1 - Short title.

Sections 4 through 10 [59A-60-1 to 59A-60-7 NMSA 1978] of this act may be cited as the "Portable Electronics Insurance Act". History: Laws 2013, ch. 140, § 4. ANNOTATIONSEffective dates. — Laws 2013, ch. 140, § 14 made Laws 2013, ch. 140, § 4 effective July 1, 2013.
NM Stat § 59A-60-2 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 60 - Portable Electronics Insurance|Section 59A-60-2 - Definitions.

As used in the Portable Electronics Insurance Act: A. "customer" means a person who purchases portable electronics or services; B. "enrolled customer" means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics; C. "location" means any physical location in the state of New Mexico or any web site, call center site or similar location directed to residents of the state of New Mexico; D. "portable electronics" means electronic devices that are portable in nature and their accessories; E. "portable electronics insurance" means insurance providing coverage for the repair or replacement of portable electronics that may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage or other similar causes of loss. "Portable electronics insurance" also includes any agreement whereby a person or any legal entity, in exchange for consideration paid, agrees to provide for the future repair, replacement or provision of portable electronics. "Portable electronics insurance" does not include: (1) a service contract governed by the Service Contract Regulation Act [Chapter 59A, Article 58 NMSA 1978]; (2) a policy of insurance covering a seller's or a manufacturer's obligations under a warranty; or (3) a homeowner's, renter's, private passenger automobile, commercial multiperil or similar policy; F. "portable electronics transaction" means: (1) the sale or lease of portable electronics by a vendor to a customer; or (2) the sale of a service related to the use of portable electronics by a vendor to a customer; G. "superintendent" means the superintendent of insurance; H. "supervising entity" means a business entity that is a licensed insurer or insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program; and I. "vendor" means a person in the business of engaging in portable electronics transactions directly or indirectly. History: Laws 2013, ch. 140, § 5. ANNOTATIONSEffective dates. — Laws 2013, ch. 140, § 14 made Laws 2013, ch. 140, § 5 effective July 1, 2013.
NM Stat § 59A-60-3 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 60 - Portable Electronics Insurance|Section 59A-60-3 - Licensure of vendors.

A. A vendor is required to hold a limited agent's license pursuant to Section 59A-12-18 NMSA 1978 to sell or offer coverage under a policy of portable electronics insurance. B. A limited agent's license issued to a vendor shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to a customer at each location at which the vendor engages in portable electronics transactions. C. The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the superintendent and with reasonable notice to the supervising entity, the registry shall be open to inspection and examination by the superintendent during regular business hours of the supervising entity. D. Notwithstanding any other provision of law, a limited agent's license issued to a vendor shall authorize the licensee and its employees or authorized representatives to engage in those activities that are permitted by the Portable Electronics Insurance Act. History: Laws 2013, ch. 140, § 6. ANNOTATIONSEffective dates. — Laws 2013, ch. 140, § 14 made Laws 2013, ch. 140, § 6 effective July 1, 2013.
NM Stat § 59A-60-4 (2021)
2021 New Mexico Statutes|Chapter 59A - Insurance Code|Article 60 - Portable Electronics Insurance|Section 59A-60-4 - Requirements for sale of portable electronics insurance.

A. At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer that: (1) disclose that portable electronics insurance may provide a duplication of coverage already provided by a customer's homeowner's insurance policy, renter's insurance policy or other source of coverage; (2) state that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (3) summarize the material terms of the insurance coverage, including: (a) the identity of the insurer; (b) the identity of the supervising entity; (c) the amount of any applicable deductible and how it is to be paid; (d) benefits of the coverage; and (e) key terms and conditions of coverage, including whether portable electronics may be repaired or replaced with similar make and model reconditioned or nonoriginal manufacturer parts or equipment; (4) summarize the process for filing a claim, including a description of how to return portable electronics, and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and (5) state that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. B. The written materials required by this section shall not be subject to filing or approval requirements with the superintendent. C. Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor for its enrolled customers. D. Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program. History: Laws 2013, ch. 140, § 7. ANNOTATIONSEffective dates. — Laws 2013, ch. 140, § 14 made Laws 2013, ch. 140, § 7 effective July 1, 2013.