A. Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society, shall upon conviction be fined not less than one hundred dollars ($100) or more than one thousand dollars ($1,000).
B. Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by Chapter 59A, Article 44 NMSA 1978, or of any material fact or thing contained in a sworn statement concerning the death or disability of a member for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.
C. Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state shall upon conviction be fined not less than one hundred dollars ($100) or more than five hundred dollars ($500).
D. Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of Chapter 59A, Article 44 NMSA 1978 for which a penalty is not otherwise prescribed shall upon conviction be subject to a fine not to exceed one thousand dollars ($1,000).
History: 1978 Comp., § 59A-44-39, enacted by Laws 1989, ch. 388, § 39.
Repeals and reenactments. — Laws 1989, ch. 388, § 39, repealed 59A-44-39 NMSA 1978, as enacted by Laws 1984, ch. 127, § 824, relating to discrimination and rebates, and enacted a new section, effective January 1, 1990.
Structure New Mexico Statutes
Article 44 - Fraternal Benefit Societies
Section 59A-44-1 - Fraternal benefit societies.
Section 59A-44-2 - Lodge system.
Section 59A-44-3 - Representative form of government.
Section 59A-44-4 - Definitions.
Section 59A-44-5 - Purposes and powers.
Section 59A-44-6 - Qualifications for membership.
Section 59A-44-7 - Location of office; meetings; communications to members; grievance procedures.
Section 59A-44-8 - No personal liability.
Section 59A-44-10 - Organization.
Section 59A-44-11 - Amendments to laws.
Section 59A-44-12 - Institutions.
Section 59A-44-13 - Reinsurance.
Section 59A-44-14 - Consolidations and mergers.
Section 59A-44-15 - Conversion of society into a mutual life insurance company.
Section 59A-44-17 - Beneficiaries.
Section 59A-44-18 - Benefits not attachable.
Section 59A-44-19 - The benefit contract.
Section 59A-44-21 - Investments.
Section 59A-44-23 - Exemptions.
Section 59A-44-25 - Valuation.
Section 59A-44-27 - Certificates of authority.
Section 59A-44-28 - Examination of societies; no adverse publications.
Section 59A-44-29 - Foreign or alien society.
Section 59A-44-30 - Injunction; liquidation; receivership of domestic society.
Section 59A-44-31 - Suspension, revocation or refusal of license of foreign or alien society.
Section 59A-44-32 - Injunction.
Section 59A-44-33 - Licensing of agents.
Section 59A-44-34 - Unfair methods of competition and unfair and deceptive acts and practices.
Section 59A-44-35 - Service of process.
Section 59A-44-36 - Fee schedule.
Section 59A-44-37 - Carrie Tingley crippled children's hospital fund.
Section 59A-44-39 - Penalties.
Section 59A-44-40 - Exemption of certain societies.
Section 59A-44-41 - Applicability of Insurance Code.
Section 59A-44-42 - Severability.