reglab/housing_qa huggingface dataset:
NM Stat § 24-16-10 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-10 - Repealed.

History: Laws 1985, ch. 85, § 10; repealed by Laws 2007, ch. 20, § 13.ANNOTATIONSRepeals. — Laws 2007, ch. 20, § 13 repealed 24-16-10 NMSA 1978, as enacted by Laws 1985, ch. 85, § 10, relating to violations of the Clean Indoor Air Act, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 24-16-11 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-11 - Repealed.

History: Laws 1985, ch. 85, § 11; repealed by Laws 2007, ch. 20, § 13.ANNOTATIONSRepeals. — Laws 2007, ch. 20, § 13 repealed 24-16-11 NMSA 1978, as enacted by Laws 1985, ch. 85, § 11, relating to penalties, effective June 15, 2007. For provisions of former section, see the 2006 NMSA 1978 on NMOneSource.com.
NM Stat § 24-16-13 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-13 - Prohibition of smoking near entrances, windows and ventilation systems.

Smoking is prohibited near entrances, windows and ventilation systems of all workplaces and public places where smoking is prohibited by the Dee Johnson Clean Indoor Air Act. An individual who owns, manages, operates or otherwise controls the use of a premises subject to the provisions of the Dee Johnson Clean Indoor Air Act shall establish a smokefree area that extends a reasonable distance from any entrances, windows and ventilation systems to any enclosed areas where smoking is prohibited. The reasonable distance shall be a distance sufficient to ensure that persons entering or leaving the building or facility shall not be subjected to breathing secondhand smoke and to ensure that secondhand smoke does not enter the building or facility through entrances, windows, ventilation systems or any other means. History: Laws 2007, ch. 20, § 5; 2019, ch. 128, § 3. ANNOTATIONSThe 2019 amendment, effective June 14, 2019, provided that a smokefree area should extend a reasonable distance from building entrances sufficient to ensure that persons entering or leaving the building shall not be subject to secondhand smoke; and after "subjected to breathing", deleted "tobacco" and added "secondhand", and after "to ensure that", deleted "tobacco" and added "secondhand".Severability. Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 24-16-14 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-14 - Responsibilities of employers.

A. Employers shall provide that their places of employment meet the requirements of the Dee Johnson Clean Indoor Air Act. B. An employer shall adopt, implement, post and maintain a written smoking policy pursuant to the Dee Johnson Clean Indoor Air Act. History: Laws 2007, ch. 20, § 6. ANNOTATIONSEffective dates. — Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Severability. Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 24-16-15 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-15 - Posted smokefree and smoking-permitted areas.

A. To advise persons of the existence of smokefree areas or smoking-permitted areas, signs shall be posted as follows: (1) for each indoor workplace or indoor public place where smoking is prohibited pursuant to the Dee Johnson Clean Indoor Air Act, a "NO SMOKING" sign shall be posted where it is clear, conspicuous and easily legible at each public entrance. Posting of "NO SMOKING" signs is the responsibility of the owner, operator, manager or other person having control of the indoor workplace or indoor public place; and (2) for each indoor workplace or indoor public place where smoking is permitted pursuant to the Dee Johnson Clean Indoor Air Act, a "SMOKING PERMITTED" sign shall be posted where it is clear, conspicuous and easily legible at each public entrance, unless an owner, operator or manager chooses to prohibit smoking in all or part of an indoor workplace or indoor public place where smoking is otherwise permitted. B. Nothing in the Dee Johnson Clean Indoor Air Act shall be construed so as to require the posting of signs at a residence, except during the hours of business operation while it is being used commercially to provide child care, adult care or health care or any combination of those activities. History: Laws 2007, ch. 20, § 7. ANNOTATIONSEffective dates. — Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Severability. Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 24-16-16 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-16 - Enforcement.

A. The local fire, police or sheriff's department with appropriate jurisdiction over the location where a violation of the provisions of the Dee Johnson Clean Indoor Air Act occurs shall enforce that act by issuance of a citation. B. A person may register a complaint regarding an alleged violation pursuant to the Dee Johnson Clean Indoor Air Act to initiate enforcement of that act with the department or the local fire, police or sheriff's department. C. The designated enforcement agencies may inspect an establishment for compliance with the Dee Johnson Clean Indoor Air Act. History: Laws 2007, ch. 20, § 8. ANNOTATIONSEffective dates. — Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Severability. Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 24-16-17 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-17 - Violations.

It is unlawful for a person who owns, manages, operates or otherwise controls the use of premises subject to regulation under the Dee Johnson Clean Indoor Air Act to violate its provisions. The owner, manager or operator of premises subject to regulation under the Dee Johnson Clean Indoor Air Act shall not be subject to a penalty if a person on the premises is in violation of the Dee Johnson Clean Indoor Air Act as long as the owner, manager or operator has posted signs, implemented the appropriate policy and informed the person that the person is in violation of the Dee Johnson Clean Indoor Air Act. History: Laws 2007, ch. 20, § 9. ANNOTATIONSEffective dates. — Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Severability. Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 24-16-18 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-18 - Penalties.

A person eighteen years of age or older who violates a provision of the Dee Johnson Clean Indoor Air Act is subject to: A. a fine not to exceed one hundred dollars ($100) for the first violation of that act; B. a fine not to exceed two hundred dollars ($200) for the second violation of that act within any consecutive twelve-month period of the first violation; and C. a fine not to exceed five hundred dollars ($500) for the third and each subsequent violation of that act within any consecutive twelve-month period of a previous violation. History: Laws 2007, ch. 20, § 10. ANNOTATIONSEffective dates. — Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Severability. Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 24-16-19 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-19 - Nonretaliation; nonwaiver.

A. A person or employer shall not discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or patron because that employee, applicant or patron exercises any rights afforded by the Dee Johnson Clean Indoor Air Act or reports or attempts to prosecute a violation of that act. B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. History: Laws 2007, ch. 20, § 11. ANNOTATIONSEffective dates. — Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Severability. Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 24-16-20 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 16 - Dee Johnson Clean Indoor Air|Section 24-16-20 - Explicit nonpreemption.

Nothing in the Dee Johnson Clean Indoor Air Act shall be construed to preempt or in any manner preclude specific provisions of a county or municipal smoking ordinance; provided that the smokefree provisions of such a county or municipal ordinance are inclusive of all minimum standards and provisions for smokefree areas within the Dee Johnson Clean Indoor Air Act. History: Laws 2007, ch. 20, § 12. ANNOTATIONSEffective dates. — Laws 2007, ch. 20, contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2007, 90 days after the adjournment of the legislature. Severability. Laws 2007, ch. 20, § 14, effective June 15, 2007, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 24-17-1 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-1 - Short title.

Chapter 24, Article 17 NMSA 1978 may be cited as the "Continuing Care Act". History: Laws 1985, ch. 102, § 1; 2010, ch. 88, § 1. ANNOTATIONSCross references. — For the Long-Term Care Ombudsman Act, see 28-17-1 NMSA 1978. The 2010 amendment, effective May 19, 2010, at the beginning of the sentence, deleted "Sections 1 through 13 of this act" and added "Chapter 24, Article 17 NMSA 1978". Am. Jur. 2d, A.L.R. and C.J.S. references. — Liability of nursing home for violating statutory duty to notify third party concerning patient's medical condition, 46 A.L.R.5th 821.
NM Stat § 24-17-2 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-2 - Findings and purpose.

A. The legislature finds that continuing care communities are an important and growing alternative for the provision of long-term residential, social and health maintenance needs for the elderly; however, the legislature also finds that severe consequences to residents may result when a provider becomes insolvent or unable to provide responsible care. B. The purpose of the Continuing Care Act is to provide for disclosure and the inclusion of certain information in continuing care contracts in order that residents may make informed decisions concerning continuing care; to provide protection for residents; and to ensure the solvency of communities. History: Laws 1985, ch. 102, § 2; 2010, ch. 88, § 2. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, in Subsection B, after "protection of residents; and", added "to ensure the solvency of".
NM Stat § 24-17-6 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-6 - Requirements for financial reserves.

A. Any deposits or entrance fees paid by or for a resident shall be held in trust for the benefit of the resident in a federally insured New Mexico bank until the resident has occupied the resident's unit or the resident's contract cancellation period has ended, whichever occurs later. B. In addition to the amounts held in trust for specific residents under Subsection A of this section, a community that provides a type A agreement shall maintain at all times liquid reserves equal to the principal and interest payments due for a twelve-month period on all accounts of any mortgage loan and other long-term debt, as well as three months' worth of net operating expenses. C. A community that provides a type A or type B agreement shall keep the funds maintained under Subsection A of this section in federally insured bank accounts that are separate from the community's operating accounts. D. For communities that provide type B agreements, reserves shall be calculated on a prorated basis for residents who fall under type B agreements. History: Laws 1985, ch. 102, § 6; 2005, ch. 215, § 4; 2010, ch. 88, § 6. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, in Subsection A, at the end of the sentence, added "whichever occurs later"; and added Subsections B, C and D. The 2005 amendment, effective June 17, 2005, deleted the former requirements that payments be held in trust in a cash escrow account in a New Mexico trust company on a trust department of a federally insured New Mexico bank and that after the resident has notified the trustee that he has occupied his unit, the money, including interest, be released to the provider; and added the provision that the trust be held for the benefit of the resident until the resident's contract cancellation period has ended.
NM Stat § 24-17-7 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-7 - Disclosure statements filed with the aging and long-term services department for public inspection.

No later than July 1, 2022 and each year thereafter, within one hundred eighty days after the end of a community's fiscal year, a provider shall provide a copy of the disclosure statement and any amendments to that statement to the aging and long-term services department for public inspection during regular working hours. History: Laws 1985, ch. 102, § 7; 2021, ch. 56, § 3. ANNOTATIONSCross references. — For the aging and long-term services department, see 28-4-4 NMSA 1978. The 2021 amendment, effective June 18, 2021, required the provider of continuing care to submit a copy of the disclosure statement to the aging and long-term services department no later than July 1, 2022 and each year thereafter, within 180 days after the end of the community's fiscal year; and after "filed with the", deleted "state agency on", and after "aging", added "and long-term services department"; added "No later than July 1, 2022 and each year thereafter, within one hundred eighty days after the end of a community's fiscal year", after "shall", deleted "file" and added "provide", after "statement to the", deleted "state agency on", and after "aging", added "and long-term services department".
NM Stat § 24-17-8 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-8 - Consumer's guide to continuing care communities.

The office of the attorney general and the aging and long-term services department may publish and distribute a consumer's guide to continuing care communities and may publish an annual directory of communities in New Mexico. History: Laws 1985, ch. 102, § 8; 2005, ch. 215, § 5. ANNOTATIONSCross references. — For aging and long-term services department, see 28-4-4 NMSA 1978. The 2005 amendment, effective June 17, 2005, changed the publication requirements from "shall" to "may".
NM Stat § 24-17-9 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-9 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 263, § 11 repealed 24-17-9 NMSA 1978, as enacted by Laws 1985, ch. 102, § 9, relating to civil liability, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.
NM Stat § 24-17-10 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-10 - Restraint of prohibited acts; remedies.

A. Whenever the attorney general has reasonable belief that any person is violating or is about to violate any provision of the Continuing Care Act, or any regulation promulgated pursuant to that act, and that proceedings would be in the public interest, the attorney general may bring an action in the name of the state to restrain or prevent violations of that act or regulations promulgated pursuant to that act. The action may be brought in the district court of the county in which the person resides or has the person's principal place of business or in the district court for Santa Fe county. The attorney general acting on behalf of the state shall not be required to post bond when seeking a temporary or permanent injunction in such action. B. In any action filed pursuant to this section of the Continuing Care Act, including an action with respect to unimproved real property, the attorney general may petition the district court for temporary or permanent injunctive relief, and restitution or remedies available pursuant to Section 24-17-15 NMSA 1978. C. Any person who is the subject of an action brought under this section shall have the right to demand a jury trial. History: Laws 1985, ch. 102, § 10; 1991, ch. 263, § 10; 2010, ch. 88, § 7. ANNOTATIONSThe 2010 amendment, effective May 19, 2010, in Subsection A, in the first sentence, after "Continuing Care Act", added "or any regulation promulgated pursuant to that act" and at the end of the sentence, added "or regulations promulgated pursuant to that act"; and in Subsection B, at the end of the sentence, added "or remedies available pursuant to Section 24-17-15 NMSA 1978". The 1991 amendment, effective June 14, 1991, deleted "has violated" following "violating" and substituted "to restrain or prevent" for "alleging" in the first sentence in Subsection A; inserted "this section of" in Subsection B; deleted former Subsection C, which read "In any action brought under this section, if the court finds that a person is willfully violating or has willfully violated the Continuing Care Act, the attorney general, upon petition to the court, may recover on behalf of the state, a civil penalty of not exceeding five thousand dollars ($5,000) per violation"; and redesignated former Subsection D as present Subsection C.
NM Stat § 24-17-11 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-11 - Applicability.

A. The provisions of the Continuing Care Act apply equally to for-profit and nonprofit provider organizations and shall be construed as the minimum requirements to be imposed upon any person offering or providing continuing care. B. The provisions of the Continuing Care Act do not apply to closed-membership organizations that operate communities solely for the benefit of their members. History: Laws 1985, ch. 102, § 11. ANNOTATIONSSaving clauses. — Laws 1985, ch. 102, § 12 provided that nothing in the Continuing Care Act shall be construed in any way to impair contracts in effect prior to the effective date of that act, June 14, 1985.
NM Stat § 24-17-12 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-12 - Right to a written transfer policy.

A provider shall adopt and follow a written policy establishing the procedure and criteria applicable when deciding to transfer residents from one level of care to another. History: Laws 1991, ch. 263, § 1.
NM Stat § 24-17-13 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-13 - Right to organize and participate.

A. Residents have the right to organize a resident association and to engage in concerted activities for the purpose of keeping themselves informed of the operation of the facility or for the purpose of other mutual aid or protection. A provider shall take appropriate steps to encourage and facilitate the establishment of a resident association in each facility. At a minimum, these steps shall include the posting in conspicuous places of written notices of the right of residents to organize into a resident association and to use the facility for association meetings. B. The administration of an operating facility shall meet at least quarterly with the resident association, if one exists, or with interested residents if there is no resident association. The following procedures shall apply: (1) the provider shall notify all residents at least seven days in advance of each meeting; (2) the provider shall post the meeting agenda in a conspicuous place and make copies of it available; and (3) if the resident association requests, the provider shall ensure that a member or an authorized representative of the board of directors, a general partner or a principal owner attends the meeting. History: Laws 1991, ch. 263, § 2.
NM Stat § 24-17-14 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-14 - Right to protection against retaliatory conduct.

Retaliatory conduct by a provider or any person acting on the provider's behalf against a resident for lawful efforts to secure or enforce his legal rights as a resident is a violation of the Continuing Care Act. History: Laws 1991, ch. 263, § 3.
NM Stat § 24-17-15 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-15 - Right to civil action for damages.

A. Residents, as a class or otherwise, may bring an action in a court of competent jurisdiction to recover actual and punitive damages for injury resulting from a violation of the Continuing Care Act. B. The court may award reasonable attorneys' fees and costs to the prevailing party in an action brought under this section. C. The right of a resident to bring an action pursuant to this section is in addition to any other rights or remedies the resident may have by statute or common law. History: Laws 1991, ch. 263, § 4.
NM Stat § 24-17-17 (2021)
2021 New Mexico Statutes|Chapter 24 - Health and Safety|Article 17 - Continuing Care|Section 24-17-17 - Rules and regulations authorized.

The aging and long-term services department shall promulgate all rules and regulations necessary or appropriate to administer the provisions of the Continuing Care Act. History: Laws 1991, ch. 263, § 6; 2010, ch. 88, § 8; 2021, ch. 56, § 5. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, removed a provision related to the promulgation of certain rules and regulations; and after "Continuing Care Act", deleted "including but not limited to requirements regarding financial reserves, disclosure and actuarial studies".The 2010 amendment, effective May 19, 2010, at the beginning of the sentence, after "The", deleted "state agency on aging" and added "aging and long-term services department"; and after "Continuing Care Act", added the remainder of the sentence.