Section 3-29-17.5 - Filing of annual report; supplemental report; extension of time; penalty. - New Mexico Statutes

3-29-17.5. Filing of annual report; supplemental report; extension of time; penalty.

A.     The annual report of the association shall be delivered to the public regulation commission on or before the fifteenth day of the fifth month following the end of its fiscal year.  

B.     A supplemental report shall be filed by the association with the public regulation commission, if, within thirty days after the filing of the annual report required under the Sanitary Projects Act, a change is made in: 

(1)     the name of the association; 

(2)     the mailing address, street address or the geographical location of the association's registered office in this state and the name of the agent upon whom process against the association may be served; or  

(3)     the character of the association's  business and its principal place of business within the state.  

C.     Proof to the satisfaction of the public regulation commission that, prior to the due date of a report required by this section, the report was deposited in the United States mail in a sealed envelope, properly addressed, with postage prepaid, shall be deemed compliance with the requirements of this section.  If the commission finds that the report conforms to the requirements of the Sanitary Projects Act, it shall file the report.  If the commission finds that it does not conform, it shall promptly return the report to the association for necessary corrections.  The penalties prescribed for failure to file the report within the time provided shall not apply if the report is corrected to conform to the requirements of the Sanitary Projects Act and returned to the commission within thirty days from the date on which it was mailed to the association by the commission.  

D.     The public regulation commission may, upon application by the association and for good cause shown, extend, for no more than a total of twelve months, the date on which an annual report required by the provisions of the Sanitary Projects Act must be filed or the date on which the payment of a fee is required.  The commission shall, when an extension of time has been granted an association under the federal Internal Revenue Code of 1986 for the time in which to file a return, grant the association the same extension of time to file the required annual report and to pay the required fees, provided that a copy of the approved federal extension of time is attached to the association's report, and provided further that no such extension shall prevent the accrual of interest as otherwise provided by law.  

E.     Nothing contained in this section prevents the collection of a fee or penalty due upon the failure of an association to submit the required report.  

F.     An annual or supplemental report required to be filed under this section shall not be deemed to have been filed if the fees accompanying the report have been paid by check and the check is dishonored upon presentation.  

G.     An association that fails or refuses to file a report for a year within the time prescribed by the Sanitary Projects Act is subject to a penalty of ten dollars ($10.00) to be assessed by the public regulation commission.  

H.     An association shall file with the department a member accountability report that shall include: 

(1)     a financial statement prepared in accordance with generally accepted accounting principles; and 

(2)     a copy of the Open Meetings Act [10-15-1.1 NMSA 1978] resolution stating what notice for a public meeting is reasonable.  The report shall be signed and sworn to as to accuracy and completeness by all members of the board of directors of the association.  A statement shall be included in the consumer confidence report required for water systems that the member accountability report is available to the public upon request.  The member accountability report shall be filed with the department with the consumer confidence report no later than July 1 of each year.