reglab/housing_qa huggingface dataset:
NM Stat § 6-4-6 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-6 - Expenditures authorized to maintain cash flow.

For cash flow purposes all amounts that have been appropriated for general government purposes may be used to pay current expenses and obligations of state government regardless of the specific fund or account to which the accounting records of the state government may show those funds or accounts allocated or appropriated. Nothing in this section authorizes: A. the payment of expenses or obligations of state government from any fund or account unless it may reasonably be expected that at the end of the fiscal year the balances in that fund or account will be fully restored; or B. the transfer or use of the following amounts to pay current expenses or obligations of state government unless there is a specific authorization for such a transfer or payment in a current law other than this section: (1) revenues deposited for credit to any permanent fund; (2) revenues deposited and pledged for the payment of principal and interest on any evidence of indebtedness of the state; (3) federal revenues deposited for payment for a specific program; and (4) any income from the permanent fund or from any other fund if the expenditure or transfer of that income would violate a constitutional, enabling act or trust provision. History: Laws 1991, ch. 132, § 1.
NM Stat § 6-4-7 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-7 - Computer systems enhancement fund; created.

There is created in the state treasury the "computer systems enhancement fund". The state treasurer shall deposit in the fund all amounts appropriated to the fund. The department of finance and administration shall administer the fund for the purpose of enhancing computer programs and systems and providing personnel support for those systems. The department is authorized to transfer any necessary federal or other state funds to serve as matching funds to carry out the purposes of the fund. History: Laws 1992, ch. 112, § 2. ANNOTATIONSFund transfers valid. — The fees assessed against employers and employees and paid into the workers' compensation administration fund may be diverted to another fund, like the computer systems enhancement fund, even though the other purposes are not specified in the statute creating the workers' compensation administration fund. The general rule permits the transfer to the different fund or purpose as long as the money remains subject to legislative control. 1994 Op. Att'y Gen. No. 94-05.
NM Stat § 6-4-8 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-8 - Repealed.

History: Laws 1993, ch. 65, § 20; repealed by Laws 2007, ch. 190, § 2.ANNOTATIONSRepeals. — Laws 2007, ch. 190, § 2 repealed 6-4-8 NMSA 1978, as enacted by Laws 1993, ch. 65, § 20, relating to DWI program fund, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com. Compiler's notes. — Laws 2007, ch. 190, § 1, effective June 15, 2007, appropriated the balance of the DWI program fund as of July 1, 2007 to the department of finance and administration for expenditure in fiscal years 2008 and 2009 for enforcement of laws related to driving while intoxicated and a study of DWI-drug courts.
NM Stat § 6-4-10 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-10 - Tobacco settlement program fund created; purpose.

A. The "tobacco settlement program fund" is created in the state treasury and shall consist of distributions made to the fund from the tobacco settlement permanent fund. Income from investment of the tobacco settlement program fund shall be credited to the fund. Beginning in fiscal year 2002, money in the tobacco settlement program fund may be appropriated by the legislature for any of the purposes specified in Subsection B of this section and after receiving the recommendations of the tobacco settlement revenue oversight committee. Balances in the tobacco settlement program fund at the end of any fiscal year shall remain in the fund. B. Money may be appropriated from the tobacco settlement program fund for health and educational purposes, including: (1) support of additional public school programs, including extracurricular and after-school programs designed to involve students in athletic, academic, musical, cultural, civic, mentoring and similar types of activities; (2) any health or health care program or service for prevention or treatment of disease or illness; (3) basic and applied research conducted by higher educational institutions or state agencies addressing the impact of smoking or other behavior on health and disease; (4) public health programs and needs; and (5) tobacco use cessation and prevention programs, including statewide public information, education and media campaigns. History: Laws 1999, ch. 207, § 2; 2000 (2nd S.S.), ch. 9, § 2. ANNOTATIONSRepeals. — Laws 2009, ch. 3, § 12 repealed Laws 2008, ch. 50, § 1, relating to tobacco settlement program fund appropriations, effective February 6, 2009. The 2000 amendment, effective April 12, 2000, changed the "tobacco settlement income fund" to the "tobacco settlement program fund" in the section heading and in the beginning of Subsections A and B; in Subsection A, substituted "distributions" for "appropriations", added the second sentence, inserted "Beginning in fiscal year 2002" and "and after receiving the recommendations of the tobacco settlement revenue oversight committee" in the third sentence and added the fourth sentence; and inserted "statewide" in Subsection B(5).
NM Stat § 6-4-11 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-11 - Tobacco settlement distributions to state; transfer to tobacco settlement permanent fund.

The state treasurer shall deposit in the tobacco settlement permanent fund all amounts distributed to the state pursuant to the master settlement agreement entered into between tobacco product manufacturers and various states, including New Mexico, and executed November 23, 1998 or any money released to the state from a qualified escrow fund or otherwise paid to the state as authorized under the model state statute, Sections 6-4-12 and 6-4-13 NMSA 1978, enacted pursuant to the master settlement agreement. History: Laws 1999, ch. 207, § 3; 2000 (2nd S.S.), ch. 9, § 3. ANNOTATIONSThe 2000 amendment, effective April 12, 2000, inserted "any money released to the state" preceding "1998" and substituted "or otherwise paid to the state as authorized under the model state statute, Sections 6-4-12 and 6-4-13 NMSA 1978" for "authorized by a qualifying state statute".
NM Stat § 6-4-13.1 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-13.1 - Severability.

If the 2004 amendment to Paragraph (2) of Subsection B of Section 6-4-13 NMSA 1978 is held by a court of competent jurisdiction to be unconstitutional, then Paragraph (2) of Subsection B of Section 6-4-13 NMSA 1978 shall be deemed to be repealed in its entirety. If Subsection B of Section 6-4-13 NMSA 1978 is thereafter held by a court of competent jurisdiction to be unconstitutional, then the 2004 amendment shall be deemed repealed and Paragraph (2) of Subsection B of Section 6-4-13 NMSA 1978 shall be restored as if no such amendment had been made. Neither a holding of unconstitutionality nor the repeal of Paragraph (2) of Subsection B of Section 6-4-13 NMSA 1978 shall affect, impair or invalidate any other portion of Sections 6-4-12 and 6-4-13 NMSA 1978, or the application of such sections to any other person or circumstance, and such remaining portions of Sections 6-4-12 and 6-4-13 NMSA 1978 shall at all times continue in full force and effect. History: Laws 2004, ch. 90, § 2. ANNOTATIONSEffective dates. — Laws 2004, ch. 90 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 19, 2004, 90 days after adjournment of the legislature.
NM Stat § 6-4-14 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-14 - Short title.

Sections 6-4-14 through 6-4-24 NMSA 1978 may be cited as the "Tobacco Escrow Fund Act". History: Laws 2003, ch. 114, § 1; 2009, ch. 197, § 2. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, changed the reference of the act to Sections 6-4-14 through 6-4-24 NMSA 1978.
NM Stat § 6-4-15 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-15 - Findings and purpose.

The legislature finds that violations of Section 6-4-13 NMSA 1978 threaten the integrity of the master settlement agreement and that enacting procedural requirements will safeguard the agreement and aid in its enforcement. History: Laws 2003, ch. 114, § 2. ANNOTATIONSEmergency clauses. — Laws 2003, ch. 114, § 12 contained an emergency clause and was approved April 2, 2003.
NM Stat § 6-4-16 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-16 - Definitions.

As used in the Tobacco Escrow Fund Act [6-4-14 to 6-4-24 NMSA 1978]: A. "brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers such as "menthol", "lights", "kings" and "100s", and includes the use of a brand name, trademark, logo, symbol, motto, selling message, recognizable pattern of colors or other indicia similar to or identifiable with a previously known brand of cigarettes; B. "cigarette" means "cigarette" as defined in Subsection D of Section 6-4-12 NMSA 1978; C. "department" means the taxation and revenue department; D. "directory" means a listing of tobacco product manufacturers and brand families that is developed, maintained and published by the attorney general; E. "distributor" means a person required to affix stamps on cigarette packages pursuant to Section 7-12-5 NMSA 1978 or required to pay excise tax imposed on cigarettes pursuant to Section 7-12A-3 NMSA 1978. "Distributor" does not include a retailer of cigarette packages upon which stamps were already affixed when the packages were received by that retailer; F. "master settlement agreement" means the settlement agreement and related documents entered into on November 23, 1998 by the state and leading United States tobacco product manufacturers; G. "nonparticipating manufacturer" means a tobacco product manufacturer that is not a participating manufacturer; H. "participating manufacturer" means a tobacco product manufacturer that is a "participating manufacturer" as defined in Section II(jj) of the master settlement agreement and subsequent amendments to that section; I. "qualified escrow fund" means "qualified escrow fund" as defined in Subsection F of Section 6-4-12 NMSA 1978; J. "secretary" means the secretary of taxation and revenue; K. "tobacco product manufacturer" means "tobacco product manufacturer" as defined in Subsection I of Section 6-4-12 NMSA 1978; and L. "units sold" means "units sold" as defined in Subsection J of Section 6-4-12 NMSA 1978. History: Laws 2003, ch. 114, § 3. ANNOTATIONSEmergency clauses. — Laws 2003, ch. 114, § 12 contained an emergency clause and was approved April 2, 2003.
NM Stat § 6-4-19 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-19 - Maintenance of directory; notice.

A. If the attorney general determines to remove from or to not include a tobacco product manufacturer or brand family in the directory, the attorney general shall provide by email or other practicable means notice of the preliminary determination to the tobacco product manufacturer's registered agent for service of process in the state; provided, however, that if one of the bases of removal or non-inclusion in the directory is the failure to satisfy Section 7 [6-4-20 NMSA 1978] of the Tobacco Escrow Fund Act [6-4-14 to 6-4-24 NMSA 1978], the determination shall be final and no preliminary notice shall be necessary. The tobacco product manufacturer shall have ten business days from the date of the attorney general's notice of the preliminary determination to the registered agent for service of process in the state to establish, to the attorney general's satisfaction, compliance with Section 6-4-13 NMSA 1978 and the Tobacco Escrow Fund Act. B. If the tobacco product manufacturer fails to establish said compliance within the ten-day period set forth above, the attorney general shall remove from or not include the tobacco product manufacturer or brand family in the directory. The determination to remove from or to not include a tobacco product manufacturer or brand family in the directory may be appealed to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: Laws 2003, ch. 114, § 6. ANNOTATIONSEmergency clauses. — Laws 2003, ch. 114, § 12 contained an emergency clause and was approved April 2, 2003.
NM Stat § 6-4-20 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-20 - Agent for service of process.

A. A nonparticipating manufacturer not registered to do business in the state shall, as a condition precedent to having its name or its brand families listed and retained in the directory, appoint and continually engage without interruption a registered agent in this state for service of process on whom all process and any action or proceeding arising out of the enforcement of the Tobacco Escrow Fund Act [6-4-14 to 6-4-24 NMSA 1978] or Section 6-4-13 NMSA 1978 may be served. The nonparticipating manufacturer shall provide to the attorney general the name, address and telephone number of its agent for service of process and shall provide any other information relating to its agent as may be requested by the attorney general. B. A nonparticipating manufacturer located outside of the United States shall, as an additional condition precedent to having its brand families listed or retained in the directory, cause each of its importers of any of its brand families to be sold in New Mexico to appoint, and continually engage without interruption, the services of an agent in the state in accordance with the provisions of this section. All obligations of a nonparticipating manufacturer imposed by this section with respect to appointment of its agent shall also apply to the importers with respect to appointment of their agents. C. A nonparticipating manufacturer shall provide written notice to the attorney general thirty calendar days prior to the termination of the authority of an agent appointed pursuant to Subsections A and B of this section. No less than five calendar days prior to the termination of an existing agent appointment, a nonparticipating manufacturer shall provide to the attorney general the name, address and telephone number of its newly appointed agent for service of process and shall provide any other information relating to the new appointment as may be requested by the attorney general. In the event an agent terminates an agency appointment, the nonparticipating manufacturer shall notify the attorney general of the termination within five calendar days and shall include proof to the satisfaction of the attorney general of the appointment of a new agent. D. A nonparticipating manufacturer whose products are sold in this state without appointing or designating an agent as required by this section shall be deemed to have appointed the secretary of state as agent and may be proceeded against in the courts of this state by service of process upon the secretary of state; provided that the appointment of the secretary of state as agent shall not satisfy any other requirement of the Tobacco Escrow Fund Act. History: Laws 2003, ch. 114, § 7; 2009, ch. 197, § 6. ANNOTATIONSThe 2009 amendment, effective July 1, 2009, added Subsection B; and in Subsection C, after "agent appointed pursuant to" changed "Subsection A" to "Subsections A and B".
NM Stat § 6-4-20.1 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-20.1 - Joint and several liability.

For each nonparticipating manufacturer located outside the United States, each importer into the United States of the nonparticipating manufacturer's brand families that are sold in New Mexico shall bear joint and several liability with the nonparticipating manufacturer for deposit of all escrow amounts due under Section 6-4-13 NMSA 1978, payment of all penalties imposed in accordance with Section 6-4-13 NMSA 1978 and payment of all costs and attorney fees imposed in accordance with the Tobacco Escrow Fund Act [6-4-14 to 6-4-24 NMSA 1978]. History: 1978 Comp., § 6-4-20.1, as enacted by Laws 2009, ch. 197, § 7. ANNOTATIONSEffective dates. — Laws 2009, ch. 197, § 26 made Laws 2009, ch. 197, § 7 effective July 1, 2009.
NM Stat § 6-4-21 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-21 - Reporting of information; escrow installments.

A. A distributor shall submit to the department by the twenty-fifth day of each month a list by brand family of the total number of cigarettes, or equivalent stick count in the case of roll-your-own, for which the distributor affixed tax stamps or otherwise paid the tax due during the previous calendar month, and any other information that the department or attorney general may require. A distributor shall maintain and make available to the department and attorney general all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the department and attorney general for a period of five years. B. The department and attorney general shall share information received pursuant to the Tobacco Escrow Fund Act [6-4-14 to 6-4-24 NMSA 1978], and may share information with other federal, state or local agencies for purposes of enforcement of that act, enforcement of Section 6-4-13 NMSA 1978 or enforcement of corresponding laws of other states. C. The attorney general may require proof from a nonparticipating manufacturer that it has established a qualified escrow fund with verification of the amount of money in the fund exclusive of interest, including the balance, dates and amounts of deposits and dates and amounts of withdrawals. D. The attorney general and the department may require a distributor or tobacco product manufacturer to submit additional information as necessary to determine compliance with the Tobacco Escrow Fund Act, including samples of the packaging or labeling of each brand family. E. The attorney general may require a nonparticipating manufacturer to make escrow fund deposits quarterly and may require information sufficient to determine the adequacy of the amount of the quarterly deposit. F. The attorney general or the department may seek an injunction to compel compliance with this section. In any action brought pursuant to this subsection, the state shall be entitled to recover the costs of investigation, costs of the action and reasonable attorney fees. History: Laws 2003, ch. 114, § 8; 2004, ch. 103, § 1. ANNOTATIONSThe 2004 amendment, effective May 19, 2004, amended Subsection E to permit the attorney general to require quarterly rather than annual escrow fund deposits and information.
NM Stat § 6-4-23 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-23 - General provisions.

A. The attorney general and the secretary shall promulgate rules to effectuate the purposes of the Tobacco Escrow Fund Act [6-4-14 to 6-4-24 NMSA 1978]. B. In an action brought by the state to enforce the provisions of the Tobacco Escrow Fund Act, the state shall be entitled to recover the costs of investigation, costs of the action and reasonable attorney fees, if the state prevails. C. If a court determines that a person has violated a provision of the Tobacco Escrow Fund Act, the court shall order any profits, gain, gross receipts or other benefit from the violation to be disgorged and paid to the state treasurer for deposit in the general fund. D. The remedies and penalties provided in the Tobacco Escrow Fund Act are cumulative to each other and to penalties and remedies available under other laws. History: Laws 2003, ch. 114, § 10. ANNOTATIONSEmergency clauses. — Laws 2003, ch. 114, § 12 contained an emergency clause and was approved April 2, 2003.
NM Stat § 6-4-24 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-24 - Construction of act.

If a court finds that a provision of the Tobacco Escrow Fund Act [6-4-14 to 6-4-24 NMSA 1978] and of Sections 6-4-12 and 6-4-13 NMSA 1978 conflict and cannot be harmonized, Sections 6-4-12 and 6-4-13 NMSA 1978 shall control. If a provision of the Tobacco Escrow Fund Act causes Sections 6-4-12 and 6-4-13 NMSA 1978 to no longer constitute a qualifying or model statute as those terms are defined in the master settlement agreement, that provision shall be invalid. History: Laws 2003, ch. 114, § 11. ANNOTATIONSEmergency clauses. — Laws 2003, ch. 114, § 12 contained an emergency clause and was approved April 2, 2003.
NM Stat § 6-4-24.1 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-24.1 - Attorney general authority; audit and investigation.

The attorney general or the attorney general's authorized representative may conduct audits and investigations of: A. a nonparticipating tobacco product manufacturer and its importers; B. a tobacco product manufacturer as defined in Section 6-4-12 NMSA 1978 that became a participating manufacturer after the master settlement agreement execution date, as defined at section II(aa) of the master settlement agreement, and its importers; C. exclusive distributors, retail dealers, stamping agents and wholesale dealers; and D. persons or entities engaged in delivery sales. History: 1978 Comp., § 6-4-24.1, as enacted by Laws 2009, ch. 197, § 9. ANNOTATIONSEffective dates. — Laws 2009, ch. 197, § 26 made Laws 2009, ch. 197, § 9 effective July 1, 2009.
NM Stat § 6-4-24.2 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 4 - State Funds and Capital Programs|Section 6-4-24.2 - Presumption.

In any action under Section 6-4-13 NMSA 1978, reports of numbers of cigarettes stamped submitted pursuant to Subsection A of Section 6-4-21 NMSA 1978 shall be admissible evidence and shall be presumed to state accurately the number of cigarettes stamped during the time period by the stamping agent that submitted the report, absent a contrary showing by the nonparticipating manufacturer or importer. Nothing in this section shall be construed as limiting or otherwise affecting the state's right to maintain that such reports are incorrect or do not accurately reflect a nonparticipating manufacturer's sales in the state during the time period in question, and the presumption shall not apply in the event that the state does so maintain. History: 1978 Comp., § 6-4-24.2, as enacted by Laws 2009, ch. 197, § 10. ANNOTATIONSEffective dates. — Laws 2009, ch. 197, § 26 made Laws 2009, ch. 197, § 10 effective July 1, 2009.