N.M. Stat. § 6-10-17.1
Noncompliance with collateral requirements; withdrawal
of public funds.
When a treasurer, board of finance or board of control finds that a bank or savings
and loan association that has been designated as a depository of public money has not
maintained qualifying securities as collateral for deposits of public money under the
control of that treasurer or board as required by law, the treasurer or board shall request
the depository to substitute or provide additional qualifying securities to meet those
requirements within ten calendar days. If the bank or savings and loan association does
not comply with the request within ten calendar days, the treasurer or board shall
withdraw from that depository within the next ten calendar days all deposits of public
money under the treasurer's or board's control without penalty to the public depositor,
notwithstanding any other provision of law to the contrary.