reglab/housing_qa huggingface dataset:
NM Stat § 10-7C-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-8 - Fund created; investment; premiums; appropriation.

A. There is created the "retiree health care fund". All money in the fund shall be invested as provided for in Subsection D of this section. All income earned from investment of the fund shall be credited to the fund. Except as otherwise specifically provided herein, the money in the fund is appropriated to the board to carry out the provisions of the Retiree Health Care Act. Any funds remaining at the end of any fiscal year shall not revert to the general fund. B. The board shall provide for the collection of premiums from eligible retirees and eligible dependents which money when combined with other money appropriated to the fund shall be sufficient to provide the required insurance coverage and to pay the expenses of the authority. All premiums and other money appropriated to the fund shall be credited to the fund. C. All premiums and other money collected by the authority shall be received and disbursed directly by the authority. Receipts and disbursements are subject to audit by the state auditor. D. The board shall determine which money in the fund constitutes the long-term reserves of the authority. The state investment officer shall invest the long-term reserves of the authority in accordance with the provisions of Sections 6-8-1 through 6-8-16 NMSA 1978. The state treasurer shall invest the money in the fund that does not constitute the long-term reserves of the fund in accordance with the applicable provisions of Chapter 6, Article 10. History: Laws 1990, ch. 6, § 8.
NM Stat § 10-7C-10 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-10 - Expulsion from program for falsification.

A. After written notice to the participating employee, eligible retiree or eligible dependent and hearing with a fair opportunity to appear and present the case personally or by counsel, the board may expel from participation in the retiree health care plan or plans any participating employee, eligible retiree or eligible dependent who submits a false claim under, or has falsified or attempted to falsify, any claim for health benefits or life insurance offered by the authority. B. On its motion or on the receipt of a complaint, the board may call and hold a hearing to determine whether a participating employee, eligible retiree or eligible dependent has submitted a false claim under, or has falsified or attempted to falsify any claim for health benefits or life insurance offered under the Retiree Health Care Act. C. If the board, at the conclusion of the hearing, issues a decision that finds that a participating employee, eligible retiree or eligible dependent submitted a false claim or has falsified or attempted to falsify any claim for health benefits or life insurance offered under that act, the board shall expel the participating employee, eligible retiree or eligible dependent from participation in any or all coverage plans or impose conditions upon continued or future participation. History: Laws 1990, ch. 6, § 10.
NM Stat § 10-7C-11 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-11 - Purchase of group insurance.

A. The board shall be designated as the group policyholder for any plans established under the Retiree Health Care Act. B. The group insurance coverages provided under the plans may include but are not limited to life insurance, accidental death and dismemberment, hospital care and benefits, surgical care and treatment, medical care and treatment, dental care, eye care, obstetrical benefits, prescribed drugs, medicines and prosthetic devices, medicare supplement, medicare carveout, medicare coordination and other benefits, supplies and services through the vehicles of indemnity coverages, health maintenance organizations, preferred provider organizations and other health care delivery systems as provided by the Retiree Health Care Act and other coverages considered by the board to be advisable. C. To the extent practicable, each basic plan of benefits shall cover preexisting conditions. D. Any group medical insurance plan offered pursuant to this section shall include effective cost-containment measures to control the growth of health care costs. The board shall report annually by September 1 to appropriate interim legislative committees on the effectiveness of the cost-containment measures required by this subsection. History: Laws 1990, ch. 6, § 11; 1994, ch. 62, § 20. ANNOTATIONSThe 1994 amendment, effective March 4, 1994, deleted "plan or" following "for any" in Subsection A and following "provided under the" near the beginning of Subsection B, and added Subsection D.
NM Stat § 10-7C-12 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-12 - Automatic coverage; effect of preexisting conditions.

A. An eligible retiree who applies for coverage during the initial and subsequent open enrollment periods as established by the board may not be denied any of the group insurance basic coverages provided under the Retiree Health Care Act except as provided in Section 10 [10-7C-10 NMSA 1978] of that act. B. An eligible retiree or an eligible dependent who applies for optional coverage under the program after the first offering to the eligible retiree or eligible dependent is not entitled to coverage for preexisting conditions existing during the six-month period immediately preceding the date on which optional coverage takes effect. History: Laws 1990, ch. 6, § 12.
NM Stat § 10-7C-14 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-14 - Exemption from legal process.

All insurance benefit payments, participating employee and participating employer contributions, eligible retiree and eligible dependent contributions, optional benefits payments and any rights, benefits or payments accruing to any person under the Retiree Health Care Act, as well as all money in the fund created by that act, are exempt from execution, attachment, garnishment or any other legal process and may not be assigned except as specifically provided by that act. History: Laws 1990, ch. 6, § 14. ANNOTATIONSCross references. — For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts, see Rules 1-065.1, 2-801, and 3-801 NMRA, respectively. For form for claim of exemptions on executions, see Rule 4-803 NMRA. For form for order on claim of exemption and order to pay in execution proceedings, see Rule 4-804 NMRA. For form for application for writ of garnishment and affidavit, see Rule 4-805 NMRA. For form for notice of right to claim exemptions from execution, see Rule 4-808A NMRA. For form for claim of exemption from garnishment, see Rule 4-809 NMRA.
NM Stat § 10-7C-16 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-16 - Retiree health care fund; budget.

Expenditures for the administration of the Retiree Health Care Act shall be made as provided by an operating budget adopted by the board and approved by the state budget division of the department of finance and administration as provided by law and pursuant to appropriation by the legislature. History: Laws 1990, ch. 6, § 16; 1995, ch. 29, § 1; 1998, ch. 45, § 5. ANNOTATIONSThe 1998 amendment, effective May 20, 1998, deleted the second sentence. The 1995 amendment, effective June 16, 1995, rewrote the section, deleting provisions pertaining to staffing and administration of the retiree health care authority.
NM Stat § 10-7C-17 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-17 - Repealed.

History: Laws 2002, ch. 75, § 2; 2002, ch. 80, § 2; 2003, ch. 382, § 2; 2006, ch. 26, § 1; repealed by Laws 2021, ch. 23, § 3. ANNOTATIONSRepeals. — Laws 2021, ch. 23, § 3 repealed 10-7C-17 NMSA 1978, as enacted by Laws 2002, ch. 75, § 2 and Laws 2002, ch. 80, § 2, relating to creation of discount prescription drug program, effective July 1, 2021. For provisions of former section, see the 2020 NMSA 1978 on NMOneSource.com.
NM Stat § 10-7C-18 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-18 - Repealed.

History: Laws 2002, ch. 75, § 3; 2002, ch. 80, § 3; 2006, ch. 26, § 2; repealed by Laws 2021, ch. 23, § 3. ANNOTATIONSRepeals. — Laws 2021, ch. 23, § 3 repealed 10-7C-18 NMSA 1978, as enacted by Laws 2002, ch. 75, § 3 and Laws 2002, ch. 80, § 3, relating to fund created, effective July 1, 2021. For provisions of former section, see the 2020 NMSA 1978 on NMOneSource.com.
NM Stat § 10-7C-19 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7C - Retiree Health Care|Section 10-7C-19 - Repealed.

History: Laws 2002, ch. 75, § 4; 2002, ch. 80, § 4; 2006, ch. 26, § 3; repealed by Laws 2021, ch. 23, § 3. ANNOTATIONSRepeals. — Laws 2021, ch. 23, § 3 repealed 10-7C-19 NMSA 1978, as enacted by Laws 2002, ch. 75, § 4 and Laws 2002, ch. 80, § 4, relating to audit, fee recommendation, effective July 1, 2021. For provisions of former section, see the 2020 NMSA 1978 on NMOneSource.com.
NM Stat § 10-7D-1 to 10-7D-26 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7D - Public Employee Bargaining (Repealed.)|Section 10-7D-1 to 10-7D-26 - Repealed.

ANNOTATIONSRepeals. — Laws 1992, ch. 9, § 30 repealed 10-7D-1 to 10-7D-26 NMSA 1978, as enacted by Laws 1992, ch. 9, §§ 1 to 3, 5 to 22, and 24 to 26, and as amended by Laws 1997, ch. 212, § 1 and Laws 1998, ch. 55, § 20, relating to public employee bargaining, effective July 1, 1999. For provisions of former sections, see the 1991 NMSA 1978 on NMOneSource.com. For similar provisions, see 10-7E-1 NMSA 1978 et seq. Compiler's notes. — Laws 1999, ch. 265, § 20 purported to amend 10-7D-23 NMSA 1978, effective July 1, 1999, however, it could not be given effect because of the previous repeal of Chapter 10, Article 7D NMSA 1978 by Laws 1992, ch. 9, § 30.
NM Stat § 10-7E-2 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-2 - Purpose of act.

The purpose of the Public Employee Bargaining Act is to guarantee public employees the right to organize and bargain collectively with their employers, to promote harmonious and cooperative relationships between public employers and public employees and to protect the public interest by ensuring, at all times, the orderly operation and functioning of the state and its political subdivisions. History: Laws 2003, ch. 4, § 2 and by Laws 2003, ch. 5, § 2. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 2 and Laws 2003, ch. 5, § 2 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-2 NMSA 1978. Consistency of local ordinance with act's purpose. — City ordinance that allows a public employer to select two members of the three-member local board to adjudicate labor-management disputes does not productively allow employees to collectively bargain, and, as such, violates the purpose of the Public Employee Bargaining Act as stated in Section 10-7E-2 NMSA 1978. City of Deming v. Deming Firefighters Local 4521, 2007-NMCA-069, 141 N.M. 686, 160 P.3d 595.
NM Stat § 10-7E-3 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-3 - Conflicts.

In the event of conflict with other laws, the provisions of the Public Employee Bargaining Act shall supersede other previously enacted legislation and rules; provided that the Public Employee Bargaining Act shall not supersede the provisions of the Bateman Act [6-6-11 NMSA 1978], the Personnel Act [Chapter 10, Article 9 NMSA 1978], the Group Benefits Act [Chapter 10, Article 7B NMSA 1978], the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978], the Retiree Health Care Act [10-7C-1 to 10-7C-16 NMSA 1978], public employee retirement laws or the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978]. History: Laws 2003, ch. 4, § 3; 2003, ch. 5, § 3; 2020, ch. 48, § 1. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, removed a provision providing that, in the event of a conflict, the provisions of the Public Employee Bargaining Act shall not supersede the provisions of Sections 10-7-1 through 10-7-19 NMSA 1978; after "legislation and", deleted "regulations" and added "rules"; and after "the Personnel Act", deleted "Sections 10-7-1 through 10-7-19 NMSA 1978".
NM Stat § 10-7E-5 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-5 - Rights of public employees.

A. Public employees, other than management employees and confidential employees, may form, join or assist a labor organization for the purpose of collective bargaining through representatives chosen by public employees without interference, restraint or coercion and shall have the right to refuse those activities.B. Public employees have the right to engage in other concerted activities for mutual aid or benefit. This right shall not be construed as modifying the prohibition on strikes set forth in Section 10-7E-21 NMSA 1978.History: Laws 2003, ch. 4, § 5; 2003, ch. 5, § 5; 2020, ch. 48, § 3. ANNOTATIONSThe 2020 amendment, effective July 1, 2020, provided public employees the right to engage in concerted activities for mutual aid or benefit; and added Subsection B.Am. Jur. 2d, A.L.R. and C.J.S. references. — Right of public defenders to join collective bargaining unit, 108 A.L.R.5th 241.
NM Stat § 10-7E-6 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-6 - Rights of public employers.

Unless limited by the provisions of a collective bargaining agreement or by other statutory provision, a public employer may: A. direct the work of, hire, promote, assign, transfer, demote, suspend, discharge or terminate public employees; B. determine qualifications for employment and the nature and content of personnel examinations; C. take actions as may be necessary to carry out the mission of the public employer in emergencies; and D. retain all rights not specifically limited by a collective bargaining agreement or by the Public Employee Bargaining Act. History: Laws 2003, ch. 4, § 6 and by Laws 2003, ch. 5, § 6. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 6 and Laws 2003, ch. 5, § 6 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-6 NMSA 1978.
NM Stat § 10-7E-7 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-7 - Appropriate governing body; public employer.

The appropriate governing body of a public employer is the policymaking individual or body representing the public employer. In the case of the state, the appropriate governing body is the governor or his designee or, in the case of a constitutionally created body, the constitutionally designated head of that body. At the local level, the appropriate governing body is the elected or appointed representative body or individual charged with management of the local public body. In the event of dispute, the board shall determine the appropriate governing body. History: Laws 2003, ch. 4, § 7 and by Laws 2003, ch. 5, § 7. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 7 and Laws 2003, ch. 5, § 7 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-7 NMSA 1978.
NM Stat § 10-7E-8 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-8 - Public employee labor relations board; created; terms; qualifications.

A. The "public employee labor relations board" is created. The board consists of three members appointed by the governor. The governor shall appoint one member recommended by organized labor representatives actively involved in representing public employees, one member recommended by public employers actively involved in collective bargaining and one member jointly recommended by the other two appointees. B. Except for appointments made in 2003, board members shall serve for a period of three years with terms commencing on July 1. Vacancies shall be filled by appointment by the governor in the same manner as the original appointment, and such appointments shall only be made for the remainder of the unexpired term. A board member may serve an unlimited number of terms. C. During the term for which he is appointed, a board member shall not hold or seek any other political office or public employment or be an employee of a labor organization or an organization representing public employees or public employers. D. Each board member shall be paid per diem and mileage in accordance with the provisions of the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978]. E. For the purpose of making initial appointments to the board in 2003, the governor shall designate one member to serve a one-year term, one member to serve a two-year term and one member to serve a three-year term. Thereafter, all members shall be appointed for three-year terms. History: Laws 2003, ch. 4, § 8 and by Laws 2003, ch. 5, § 8. ANNOTATIONSCompiler's notes. — Laws 2003, ch. 4, § 8 and Laws 2003, ch. 5, § 8 enacted identical new sections of law, effective July 1, 2003. Both were compiled as 10-7E-8 NMSA 1978. Removal of board members. — The governor does not have authority under Article V, Section 5 of the New Mexico Constitution to remove members of the public employee labor relations board created by Section 10-7E-8 NMSA 1978. AFSCME v. Martinez, 2011-NMSC-018, 150 N.M. 132, 257 P.3d 952.
NM Stat § 10-7E-11 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-11 - Repealed.

History: Laws 2003, ch. 4, § 11; 2003, ch. 5, § 11; repealed by Laws 2020, ch. 48, § 13. ANNOTATIONSRepeals. — Laws 2020, ch. 48, § 13 repealed 10-7E-11 NMSA 1978, as enacted by Laws 2003, ch. 4, § 11 and Laws 2003, ch. 5, § 11, relating to local board, powers and duties, effective July 1, 2020. For provisions of former section, see the 2019 NMSA 1978 on NMOneSource.com.
NM Stat § 10-7E-12 (2021)
2021 New Mexico Statutes|Chapter 10 - Public Officers and Employees|Article 7E - Public Employee Bargaining|Section 10-7E-12 - Hearing procedures.

A. The board or local board may hold hearings for the purposes of: (1) information gathering and inquiry; (2) adopting rules; and (3) adjudicating disputes and enforcing the provisions of the Public Employee Bargaining Act and rules adopted pursuant to that act. B. The board or local board shall adopt rules setting forth procedures to be followed during hearings of the board or local board. The procedures adopted for conducting adjudicatory hearings shall meet all minimal due process requirements of the state and federal constitutions. C. The board or local board may appoint a hearing examiner to conduct any adjudicatory hearing authorized by the board or local board. At the conclusion of the hearing, the examiner shall prepare a written report, including findings and recommendations, all of which shall be submitted to the board or local board for its decision. D. A rule proposed to be adopted by the board or local board that affects a person or governmental entity outside of the board or local board and its staff shall not be adopted, amended or repealed without public hearing and comment on the proposed action before the board or local board. The public hearing shall be held after notice of the subject matter of the rule, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed rule, proposed amendment or repeal of an existing rule may be obtained. All meetings of the board shall be held in New Mexico. All meetings of local boards shall be held in the county of residence of the local public employer. Notice shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation in the state or, in the case of a local board hearing, in a newspaper of general circulation in the county, and notice shall be mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearings. E. All adopted rules shall be filed in accordance with applicable state statutes. F. A verbatim record made by electronic or other suitable means shall be made of every rulemaking and adjudicatory hearing. The record shall not be transcribed unless required for judicial review or unless ordered by the board or local board. History: Laws 2003, ch. 4, § 12 and by Laws 2003, ch. 5, § 12; 2005, ch. 137, § 1. ANNOTATIONSThe 2005 amendment, effective June 17, 2005, deleted the requirement that all board meetings be held in Santa Fe. As amended, the section provides in Subsection D that the public employee labor relations board may hold meetings in Albuquerque.