reglab/housing_qa huggingface dataset:
NM Stat § 6-26-5 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 26 - Behavioral Health Capital Funding Act|Section 6-26-5 - Department; authority; rules.

The department, in conjunction with the authority, shall adopt rules to administer and implement the provisions of the Behavioral Health Capital Funding Act, including provisions: A. establishing procedures and forms for applying for loans for capital projects; B. specifying the documentation required to be provided by the applicant to justify the need for the capital project; C. specifying the documentation required to be provided by the applicant to demonstrate that the applicant is an eligible entity; D. establishing procedures for review, evaluation and approval of loans, including the programmatic, organizational and financial information necessary to review, evaluate and approve an application; E. for evaluating the ability and competence of an applicant to provide efficiently and adequately for the completion of a proposed capital project; F. for the approval of loan applications, including provisions that accord priority attention to areas with the greatest need for behavioral health services; G. that ensure fair geographic distribution of loans; H. establishing requirements for repayment of loans, including payment schedules, interest rates, loan terms and other requirements; I. for ensuring the state's interest in any capital project by the filing of a lien equal to the total of the state's financial participation in the project; and J. for such other requirements deemed necessary by the department and the authority to ensure that the state receives the behavioral health services for which the legislature appropriates money and that the state's interest in a capital project is protected. History: Laws 2004, ch. 71, § 5. ANNOTATIONSEffective dates. — Laws 2004, ch. 71 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 § 6-26-6 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 26 - Behavioral Health Capital Funding Act|Section 6-26-6 - Department; authority; powers and duties.

A. The department and the authority shall administer the loan programs established pursuant to the provisions of the Behavioral Health Capital Funding Act. The department and the authority shall: (1) enter into joint powers agreements with each other or other appropriate public agencies to carry out the provisions of that act; and (2) apply to any appropriate federal, state or local governmental agency or private organization for grants and gifts to carry out the provisions of that act. B. The department and the authority may: (1) make and enter into contracts and agreements necessary to carry out their powers and duties pursuant to the provisions of the Behavioral Health Capital Funding Act; and (2) do all things necessary or appropriate to carry out the provisions of the Behavioral Health Capital Funding Act. C. The authority is responsible for all financial duties of the programs, including: (1) administering the fund; (2) accounting for all money received, controlled or disbursed for capital projects in accordance with the provisions of the Behavioral Health Capital Funding Act; (3) evaluating and approving loans, including determining the financial capacity of an eligible entity; (4) enforcing contract provisions of loans, including the ability to sue to recover money or property owed the state; (5) determining interest rates and other financial aspects of a loan and relevant terms of a contract for services; and (6) performing other duties in accordance with the provisions of the Behavioral Health Capital Funding Act, rules promulgated pursuant to that act or joint powers agreements entered into with the department. D. The department is responsible for the following duties: (1) defining sick and medically indigent persons for purposes of the Behavioral Health Capital Funding Act; (2) establishing priorities for loans; (3) determining the appropriateness of a capital project; (4) evaluating the capability of an applicant to provide and maintain behavioral health services; (5) selecting recipients of loans; and (6) determining that capital projects comply with all state and federal licensing and procurement requirements. E. The authority may make a loan to an eligible entity to acquire, construct, renovate or otherwise improve a capital project, provided there is a finding: (1) by the department that the project will provide behavioral health services to sick and indigent persons as defined by the department; and (2) by the authority that there is adequate protection, including loan guarantees, real property liens, title insurance, security interests in or pledges of accounts and other assets, loan covenants and warranties or restrictions or other encumbrances and pledges for the state funds extended for the loan. History: Laws 2004, ch. 71, § 6. ANNOTATIONSEffective dates. — Laws 2004, ch. 71 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 § 6-26-7 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 26 - Behavioral Health Capital Funding Act|Section 6-26-7 - Eligible entity; change in status.

If an eligible entity that has received a loan for a capital project ceases to maintain its nonprofit status or ceases to deliver behavioral health services at the site of the capital project for twelve consecutive months, the state may pursue the remedies provided in the loan agreement or as provided by law. History: Laws 2004, ch. 71, § 7. ANNOTATIONSEffective dates. — Laws 2004, ch. 71 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 § 6-26-8 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 26 - Behavioral Health Capital Funding Act|Section 6-26-8 - Report.

The department and the authority shall report jointly to the governor and the legislature by December 1 of each year on the behavioral health capital funding program. History: Laws 2004, ch. 71, § 8. ANNOTATIONSEffective dates. — Laws 2004, ch. 71 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 § 6-27-1 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 27 - Affordable Housing Act|Section 6-27-1 - Short title.

Chapter 6, Article 27 NMSA 1978 may be cited as the "Affordable Housing Act". History: Laws 2004, ch. 104, § 1; 2015, ch. 69, § 1. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, changed the statutory reference of the Affordable Housing Act from "This act" to "Chapter 6, Article 27 NMSA 1978".
NM Stat § 6-27-2 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 27 - Affordable Housing Act|Section 6-27-2 - Purpose.

The purpose of the Affordable Housing Act is to implement the provisions of Subsections E and F of Article 9, Section 14 of the constitution of New Mexico. History: Laws 2004, ch. 104, § 2; 2015, ch. 69, § 2. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, amended the citation of the Affordable Housing Act in this section; after "Subsections E and F of", deleted "Section 14 of", and after "Article 9", added "Section 14".
NM Stat § 6-27-4 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 27 - Affordable Housing Act|Section 6-27-4 - Eligibility requirements; non-individual and individual qualifying grantees.

A. To be eligible to receive lands, buildings and infrastructure pursuant to Article 9, Section 14 of the constitution of New Mexico, a nonindividual qualifying grantee shall: (1) have a functioning accounting system that is operated in accordance with generally accepted accounting principles or shall designate an entity that will maintain such an accounting system consistent with generally accepted accounting principles; (2) have among its purposes significant activities related to providing housing or services to low- or moderate-income persons or households; and (3) if it has significant outstanding or unresolved monitoring findings from either the authority or its most recent independent financial audit, have a certified letter from the authority or auditor stating that the findings are in the process of being resolved. B. To be eligible to receive lands, buildings and infrastructure pursuant to Article 9, Section 14 of the constitution of New Mexico, an individual qualifying grantee shall meet the requirements established by the authority pursuant to the Affordable Housing Act. History: Laws 2004, ch. 104, § 4; 2015, ch. 69, § 4. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, made technical changes to the citation; in the introductory sentence of Subsection A, after "pursuant to", deleted "Section 14 of", and after "Article 9", added "Section 14"; in Subsection A, Paragraph (1), after "principles or", deleted "has designated" and added "shall designate"; and in Subsection B, after "pursuant to", deleted "Section 14 of", and after "Article 9", added "Section 14".
NM Stat § 6-27-5 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 27 - Affordable Housing Act|Section 6-27-5 - State, county, municipalities, instrumentalities of the state and the authority; authorization for affordable housing.

The state, including any agency or instrumentality of the state, or a county, a municipality or the authority may: A. donate, provide or pay all, or a portion, of the costs of land for the construction on the land of affordable housing; B. donate, provide or pay all or a portion of the costs of conversion or renovation of existing buildings into affordable housing; C. provide or pay the costs of financing or infrastructure necessary to support affordable housing projects; or D. provide or pay all or a portion of the costs of acquisition, development, construction, financing, operating or owning affordable housing. History: Laws 2004, ch. 104, § 5; 2007, ch. 49, § 2; 2015, ch. 69, § 5. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, authorized instrumentalities of the state to provide for affordable housing; in the catchline, after "municipalities", added "instrumentalities of the state"; and in the introductory sentence, after "The state", added "including any agency or instrumentality of the state, or". The 2007 amendment, effective June 15, 2007, permitted governmental entities to donate land and buildings and pay the cost of affordable housing.
NM Stat § 6-27-6 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 27 - Affordable Housing Act|Section 6-27-6 - Requirement for specific law authorizing a housing assistance grant from state.

A. The specific grant of authority created in the Affordable Housing Act is the prior approval required pursuant to Article 9, Section 14 of the constitution of New Mexico to allow the state to provide affordable housing assistance. B. Funding pursuant to this grant of authority shall be appropriated to the department of finance and administration for disbursement by the authority to a qualifying grantee in accordance with rules promulgated by the authority. C. Rules adopted by the authority may include provisions for matching or using local, private or federal funds in connection with a specific grant, but matching or using federal funds shall not be prohibited. D. The authority shall seek comment from the Mortgage Finance Authority Act [Chapter 58, Article 18 NMSA 1978] oversight committee prior to its adoption of rules pursuant to this section. History: Laws 2004, ch. 104, § 6; 2015, ch. 69, § 6. ANNOTATIONSThe 2015 amendment, effective July 1, 2015, corrected a reference to the New Mexico constitution; and in Subsection A, after "Article", changed "4" to "9".
NM Stat § 6-27-9 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 27 - Affordable Housing Act|Section 6-27-9 - Investigation of Affordable Housing Act violations; penalties; remedies.

A. The attorney general shall investigate an alleged violation of the Affordable Housing Act reported by the authority. If the attorney general has reasonable belief that a person is in possession, custody or control of an original or copy of a document or recording, including a record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription or other tangible document or recording that the attorney general believes to be relevant to the subject matter of an investigation of a probable violation of the Affordable Housing Act, the attorney general may, prior to the institution of a civil proceeding, execute in writing and cause to be served upon the person a civil investigative demand requiring the person to produce for inspection or copying the document or recording. B. If the attorney general has reasonable belief that a person has violated a provision of the Affordable Housing Act and that instituting a proceeding against that person would be in the public interest, the attorney general may bring a civil action on behalf of the state alleging a violation of the Affordable Housing Act. The action may be brought in the district court of the county in which the person alleged to have violated that act resides or in which the person's principal place of business is located. The attorney general shall not be required to post bond when seeking a temporary or permanent injunction in the civil action. C. The attorney general may, in addition to or as an alternative to pursuing a civil action, as provided in this section, pursue criminal charges against a person for an alleged violation of the Affordable Housing Act under the applicable provisions of the Criminal Code. Venue for any criminal action shall be in the judicial district where the violation occurred. D. In a civil action brought under this section for an alleged violation of the Affordable Housing Act, if a court finds that a person willfully committed an act in violation of the Affordable Housing Act, the attorney general may seek to recover a civil penalty not exceeding the amount of five thousand dollars ($5,000) per violation, in addition to any equitable relief imposed by the court. E. As used in this section, "person" means an individual, including a municipal or county government employee or elected official, or a corporate entity, including any organization formed under state law to carry out business or other activities. History: Laws 2015, ch. 69, § 9. ANNOTATIONSEffective dates. — Laws 2015, ch. 69, § 10 provided that Laws 2015, ch. 69, § 9 was effective July 1, 2015.
NM Stat § 6-28-1 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 28 - Indian Capital Outlay|Section 6-28-1 - Legislative findings and purpose.

A. The legislature finds that many residents of this state living within Indian country are impoverished and are involuntarily living without electric service, indoor plumbing, adequate potable water, telecommunications or related infrastructure due to federal government policies over the decades. This finding is based upon federal decennial census data showing that Native Americans living in Indian country have a long history of income below federal poverty levels and a lack of basic domestic amenities. Living under such adverse circumstances has a negative impact on the education of children at the elementary and secondary school levels and on the health and welfare of Native Americans in general. B. Since the nineteenth century, the federal government has assumed a trust responsibility for Native Americans, but since New Mexico attained statehood, it has had a responsibility for its Native American residents. C. The legislature finds it is the policy of the state of New Mexico to improve the basic quality of life of residents within Indian country through the use of any means available. D. The purpose of this act is in part to enable the state, in compliance with the provisions of the constitution of New Mexico, to provide financial assistance to residents within Indian country so that they may be served by basic residential services such as electric service, indoor plumbing, sewer, adequate potable water, telecommunications and related infrastructure. E. The state has developed government-to-government relationships and agreements with the twenty-two Indian nations, tribes and pueblos in New Mexico regarding education and other topics. To better provide services to Native Americans, many state agencies have designated divisions or liaisons to work with the nations, tribes and pueblos. F. The state has worked with Indian nations, tribes and pueblos, of which the Navajo Nation is the largest tribal government, and recognizes that the Navajo Nation is divided into political subdivisions designated as chapters. G. Due to federal, state and tribal policies related to the implementation of capital outlay and other projects, delays in implementation due to bureaucratic red tape have resulted in the reversion of millions of dollars in capital outlay funds designated for projects in Indian country. H. Tribal governments and their subdivisions have, through the years, organized nonprofit entities to assist in the provision of education and other basic services. History: Laws 2006, ch. 105, § 1. ANNOTATIONSCross references. — For the Indian Affairs Department, see 9-21-1 NMSA 1978. For the Tribal Infrastructure Act, see 6-29-1 NMSA 1978. Emergency clauses. — Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
NM Stat § 6-28-2 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 28 - Indian Capital Outlay|Section 6-28-2 - Fiscal agents for Navajo Nation projects.

The state recognizes the chapters of the Navajo Nation as local tribal entities having the capability and capacity to apply for and implement capital improvement projects. The state also recognizes as local tribal entities those nonprofit entities organized under the supervision of tribal governments whose mission or objective is to provide education and other basic services and who may apply for and implement capital improvement projects. Therefore, the state may contract through a fiscal agent other than the Navajo Nation for the expenditure of state funds on behalf of local tribal entities of the Navajo Nation. Unless otherwise negotiated, an administrative fee of no more than five percent of a project's cost may be charged by the entity that serves as fiscal agent. History: Laws 2006, ch. 105, § 2. ANNOTATIONSCross references. — For rights-of-way agreements with the Navajo Nation, see 11-17-1 NMSA 1978. Emergency clauses. — Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
NM Stat § 6-28-3 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 28 - Indian Capital Outlay|Section 6-28-3 - Public employment programs.

Local tribal entities may be considered as vendors when they utilize their own resources to implement capital improvement projects. History: Laws 2006, ch. 105, § 3. ANNOTATIONSEmergency clauses. — Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
NM Stat § 6-28-4 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 28 - Indian Capital Outlay|Section 6-28-4 - Direct payments.

A. In the case of capital outlay projects located within Indian country and authorized to the Indian affairs department or other state agencies, the state may make payments directly to third-party contractors for services rendered or goods supplied regarding such projects. Upon approval by the Indian affairs department or other state agency of a billing statement submitted on behalf of a vendor by a tribal government or a local tribal entity, the department may arrange for payment of that statement directly to the vendor. Capital outlay projects may be invoiced and paid in phases. B. The department of finance and administration is authorized to make payments directly to third-party contractors for services rendered or goods supplied regarding capital outlay projects located within Indian country and authorized to the Indian affairs department or other state agency. History: Laws 2006, ch. 105, § 4. ANNOTATIONSEmergency clauses. — Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
NM Stat § 6-28-5 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 28 - Indian Capital Outlay|Section 6-28-5 - Navajo Nation projects; general fund appropriations.

Money appropriated from the general fund to several chapters of the Navajo Nation located in New Mexico for the same or similar purposes may be pooled by those chapters to create a regional or centralized project upon review of the Indian affairs department and approval by the state board of finance. History: Laws 2006, ch. 105, § 5. ANNOTATIONSEmergency clauses. — Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
NM Stat § 6-28-6 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 28 - Indian Capital Outlay|Section 6-28-6 - Tribal Infrastructure Act.

The provisions of this act [6-28-1 to 6-28-8 NMSA 1978] also may be used to implement the provisions of the Tribal Infrastructure Act [6-29-1 to 6-29-9 NMSA 1978]. History: Laws 2006, ch. 105, § 6. ANNOTATIONSEmergency clauses. — Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
NM Stat § 6-28-7 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 28 - Indian Capital Outlay|Section 6-28-7 - Presumption of indigency.

For the purposes of capital outlay projects located within Indian country and authorized to the Indian affairs department, pursuant to Subsection A of Section 14 of Article 9 of the constitution of New Mexico, persons who reside in Indian country who are not served by electric service, water service, indoor plumbing, sewers, telecommunications or related infrastructure are presumed to be indigent. State agencies may contract with and make payment to local tribal entities to assist the indigent in local tribal entities. History: Laws 2006, ch. 105, § 7. ANNOTATIONSEmergency clauses. — Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
NM Stat § 6-28-8 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 28 - Indian Capital Outlay|Section 6-28-8 - Rulemaking authority.

The department of finance and administration or the Indian affairs department [9-21-1 to 9-21-15 NMSA 1978] shall promulgate rules necessary to implement the provisions of this act [6-28-1 to 6-28-8 NMSA 1978]. History: Laws 2006, ch. 105, § 8. ANNOTATIONSEmergency clauses. — Laws 2006, ch. 105, § 9 contained an emergency clause and was approved March 7, 2006.
NM Stat § 6-29-1 (2021)
2021 New Mexico Statutes|Chapter 6 - Public Finances|Article 29 - Tribal Infrastructure Act|Section 6-29-1 - Short title.

This act [6-29-1 to 6-29-9 NMSA 1978] may be cited as the "Tribal Infrastructure Act". History: 1978 Comp., § 9-21-17, enacted by Laws 2005, ch. 146, § 1; recompiled as § 6-29-1 by Laws 2008, ch. 81, § 4. ANNOTATIONS