Chapter 6 — Chapter 6

A. Upon a showing by a prospective grantee that strict compliance with the Public Finance Accountability Act was impractical or impossible due to a flood, hurricane, tornado, earthquake, other declared natural disaster, armed conflict, terrorist attack, riot, pandemic, epidemic o…

A. The department of finance and administration and the general services department shall jointly prepare, amend and maintain a four-year program of major state capital improvement projects recommended to be undertaken by the state or to be undertaken with state aid or under stat…

appropriations; limitations. A. A capital outlay project shall not be reauthorized or reappropriated: (1) more than once; (2) for a time period greater than two years; and (3) unless at least ten percent of the initial appropriation has been encumbered by January 1 of that year, …

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 fisc…

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 Mexi…

As used in Sections 6-4-12 and 6-4-13 NMSA 1978: A. "adjusted for inflation" means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the master settlement agreement; B. "affiliate" means a person who directly or indirectly owns or control…

A. Any tobacco product manufacturer selling cigarettes to consumers within the state (whether directly or through a distributor, retailer or similar intermediary or intermediaries) after the date of enactment of this act shall do one of the following: (1) become a participating m…

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to be unconstitutional, then Paragraph (2) of Subsection B of Section 6-4-13 NMSA 1978 shall be deemed to be repealed in its entirety.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 o…

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.

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.

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 t…

A. No later than April 30 of each year, a tobacco product manufacturer whose cigarettes are sold in this state, whether directly or through a distributor, retailer or similar intermediary, shall execute and deliver to the attorney general, in the manner and on the form prescribed…

brands. A. The attorney general shall develop, maintain and publish on its web site a directory listing all tobacco product manufacturers that have provided current, accurate and complete certifications as required by the Tobacco Escrow Fund Act [6-4-14 to 6-4- 24 NMSA 1978] and …

nonparticipating manufacturers. A. The attorney general may require a nonparticipating manufacturer to post a bond for the first three years of the manufacturer's listing in the directory or for a longer period if the manufacturer has been determined to pose an elevated risk for …

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 manufactur…

There is created a fund to be known as the "general fund" to which the state treasurer shall credit all revenues not otherwise allocated by law. Expenditures from this fund shall be made only in accordance with appropriations authorized by the legislature. History: 1953 Comp., § …

expenditures. A. There is hereby created within the general fund the "general fund operating reserve". Notwithstanding any other provision of law to the contrary, there shall be deposited to the general fund operating reserve cash balances in the fund existing pursuant to Laws 19…

A. The "tax stabilization reserve" is created within the state treasury as a reserve fund of the state. B. The tax stabilization reserve consists of money directed or appropriated to it by law and all income from investment of the reserve. The state investment officer, subject to…

There is created within the general fund the "appropriation contingency fund". The appropriation contingency fund may be expended only: A. upon specific authorization by the legislature; B. as provided in Sections 12-11-23 through 12-11-25 NMSA 1978 in the event there is no surpl…

ANNOTATIONS Repeals. — Laws 2000, ch. 27, § 7, repealed 6-4-2.4 NMSA 1978, as enacted by Laws 1996 (1st S.S.), ch. 3, § 1, relating to the creation and use of the risk reserve account, effective March 6, 2000. For provisions of former section, see the 1999 NMSA 1978 on NMOneSourc…

A. The legislature finds that: (1) the state is not eligible for an increase to the federal medical assistance percentage provided in Subsection (b) or (c) of Section 5001 of the federal American Recovery and Reinvestment Act of 2009 if any amounts attributable, directly or indir…

A. The department of finance and administration, in consultation with the homeland security and emergency management department, shall provide zero-interest reimbursable loans to political subdivisions of the state and electric cooperatives that have been approved for funding fro…

A. The "natural disaster revolving fund" is created in the state treasury. The purpose of the fund is to provide loans to political subdivisions of the state and electric cooperatives that have been approved for funding from the federal emergency management agency for a federally…

disaster revolving fund. Within thirty days after August 1 of each year through 2028, the secretary of finance and administration shall calculate the unexpended and unencumbered balance of the natural disaster revolving fund and, subject to availability of funds, transfer from th…

A. The "federal reimbursement revolving fund" is created as a nonreverting fund in the state treasury. The purpose of the fund is to use reimbursements from the federal government for claims created by the state's response to declared emergencies to ensure recovery for local comm…

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 se…

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 depos…

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 durin…

A. It is unlawful for a person to: (1) affix a tax stamp or otherwise pay the tax due on a package or other container of cigarettes of a tobacco product manufacturer or a brand family that is not included in the directory; or (2) sell, offer for sale or possess for any purpose ot…

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 r…

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 Se…

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 particip…

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 "gasoline and home heating relief fund" is created in the state treasury. The fund consists of appropriations, gifts, grants and donations. Balances in the fund at the end of a fiscal year shall not revert to the general fund. The fund is administered by the department of fin…

The "governor's contingency fund" is created in the state treasury. The governor's office shall administer the fund, and money in the fund shall be expended by the governor's office to pay for expenses directly connected with obligations of the elected office of governor. Expendi…

oil and gas emergency school tax revenue; tax stabilization reserve; early childhood education and care fund; behavioral health trust fund; severance tax permanent fund. A. The "excess extraction taxes suspense fund" is created as a nonreverting fund in the state treasury. Money …

income to the fund. A. The "opioid settlement restricted fund" is created as a nonreverting fund in the state treasury, separate and distinct from the general fund. The opioid settlement restricted fund consists of money, other than attorney fees and costs, paid to the state purs…

the fund. A. The "opioid crisis recovery fund" is created as a nonreverting fund in the state treasury. Money in the fund shall be invested by the state treasurer as provided by law, and income from investment of the fund shall be credited to the fund. B. Money in the opioid cris…

A. The "state revenue-sharing trust fund" is created. There shall be deposited in the state revenue-sharing trust fund all money allotted to the state government pursuant to the State and Local Fiscal Assistance Act of 1972 as may be amended from time to time. B. Money deposited …

A. The "government results and opportunity expendable trust" is created as a nonreverting fund in the state treasury. The trust shall consist of distributions, appropriations, gifts, grants and donations. Income from investment of the trust shall be credited to the trust. Money i…

The "government results and opportunity program fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. The department of finance and administration shall a…

A. The "higher education trust fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants and donations. Income from investment of the fund shall be credited to the fund. Money in the fund shall be expended onl…

The "higher education program fund" is created in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. The higher education department shall administer the fund. Money in the fund is subject to ap…

A. The "innovation in state government fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and bequests made to the fund and income from investment of the fund. The department of finance and a…

A. The "medicaid trust fund" is created as a nonreverting fund in the state treasury. The trust fund consists of distributions, appropriations, gifts, grants and donations. Income from investment of the trust fund shall be credited to the trust fund. Money in the trust fund shall…

The "state-supported medicaid fund" is created in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. The health care authority shall administer the fund. Money in the fund is subject to appropri…

A. The "community benefit fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and bequests made to the fund and income from investment of the fund. The department of finance and administration…

distribution. (Effective July 1, 2026.) A. The "conservation legacy permanent fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and income from investment of the fund. Money in the fund shal…

(Effective July 1, 2026.) A. The "land of enchantment legacy fund" is created as a nonreverting fund in the state treasury. The fund consists of distributions, appropriations, gifts, grants, donations and bequests made to the fund. The department of finance and administration sha…

opportunity expendable trust; transfer from the tax stabilization reserve to the general fund operating reserve. A. If the revenues of the general fund exceed the total of appropriations from the general fund, the excess revenue shall be transferred to the general fund operating …