reglab/housing_qa huggingface dataset:
NM Stat § 28-22-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 22 - Religious Freedom Restoration|Section 28-22-1 - Short title.

Sections 1 through 5 [28-22-1 to 28-22-5 NMSA 1978] of this act may be cited as the "New Mexico Religious Freedom Restoration Act". History: Laws 2000 (2nd S.S.), ch. 17, § 1. ANNOTATIONSEffective dates. — Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature. The New Mexico Religious Freedom Restoration Act does not apply to actions between private parties. — Where plaintiff offered wedding photography services to the general public; plaintiff's business was a public accommodation under the Human Rights Act, Section 28-1-1 NMSA 1978 et seq.; plaintiff refused to photograph a same-sex commitment ceremony between defendant and defendant's partner on religious grounds, defendant filed a discrimination complaint against plaintiff with the human rights commission; and the human rights commission determined that plaintiff had violated the act by discriminating against defendant on the basis of defendant's sexual orientation, the New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq., did not apply to the enforcement of the Human Rights Act by the commission, because the commission acted as an administrative tribunal, not as a party to the suit between plaintiff and defendant as private parties. Elane Photography, LLC v. Willock, 2013-NMSC-040, aff'g 2012-NMCA-086, 284 P.3d 428. The New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq. applies only in cases that involve a governmental agency as a adverse party. Elane Photography, LLC v. Willock, 2012-NMCA-086, 284 P.3d 428, cert. granted, 2012-NMCERT-008. The act does not apply in cases that involve non-governmental parties. — Where defendant filed a discrimination claim with the human rights commission alleging that plaintiff violated the Human Rights Act, Section 28-1-1 NMSA 1978 et seq., by refusing on religious and moral grounds to photograph defendant's commitment ceremony with defendant's same-sex partner; and plaintiff claimed that the act violated plaintiff's freedom of religion because the act forced plaintiff to photograph same-sex marriages in violation of plaintiff's owner's religious belief that marriage is the union of one man and one woman, the New Mexico Religious Freedom Restoration Act, Section 28-22-1 NMSA 1978 et seq., did not apply to the litigation between plaintiff and defendant because neither party was a governmental agency. Elane Photography, LLC v. Willock, 2012-NMCA-086, 284 P.3d 428, cert. granted, 2012-NMCERT-008.
NM Stat § 28-22-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 22 - Religious Freedom Restoration|Section 28-22-2 - Definitions.

As used in the New Mexico Religious Freedom Restoration Act: A. "free exercise of religion" means an act or a refusal to act that is substantially motivated by religious belief; and B. "government agency" means the state or any of its political subdivisions, institutions, departments, agencies, commissions, committees, boards, councils, bureaus or authorities. History: Laws 2000 (2nd S.S.), ch. 17, § 2. ANNOTATIONSEffective dates. — Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
NM Stat § 28-22-3 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 22 - Religious Freedom Restoration|Section 28-22-3 - Religious freedom protected; exceptions.

A government agency shall not restrict a person's free exercise of religion unless: A. the restriction is in the form of a rule of general applicability and does not directly discriminate against religion or among religions; and B. the application of the restriction to the person is essential to further a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest. History: Laws 2000 (2nd S.S.), ch. 17, § 3. ANNOTATIONSEffective dates. — Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature. The criminal sexual contact of a minor and contributing to the delinquency of a minor statutes do not violate the Religious Freedom Restoration Act. — Where defendant, who was the spiritual leader of a religious group that lived together, was convicted of criminal sexual contact of a minor and of contributing to the delinquency of a minor based on unclothed experiences with two teenage children; and defendant claimed that because defendant believed that touching the children was a religious act, defendant was not guilty of committing a crime and that the criminal sexual contact of a minor statute, Section 30-9-13 NMSA 1978 and the contributing to the delinquency of a minor statute, Section 30-6-3 NMSA 1978, violate the Religious Freedom Restoration Act, because the statutes are laws of general applicability that do not directly discriminate against or among religions, the protection of minors from sexual abuse and delinquency is a compelling governmental interest, and the statutes are the least restrictive means of achieving the government's goal of protecting minors from sexual abuse and delinquency, the statutes do not violate the act. State v. Bent, 2013-NMCA-108, cert. denied, 2013-NMCERT-012.
NM Stat § 28-22-4 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 22 - Religious Freedom Restoration|Section 28-22-4 - Private remedies.

A. A person whose free exercise of religion has been restricted by a violation of the New Mexico Religious Freedom Restoration Act may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government agency, including: (1) injunctive or declaratory relief against a government agency that violates or proposes to violate the provisions of the New Mexico Religious Freedom Restoration Act; and (2) damages pursuant to the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978], reasonable attorney fees and costs. B. Immunity from liability of the government agency and its employees is waived for an action brought pursuant to this section. History: Laws 2000 (2nd S.S.), ch. 17, § 4. ANNOTATIONSEffective dates. — Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
NM Stat § 28-22-5 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 22 - Religious Freedom Restoration|Section 28-22-5 - Construction of act.

Nothing in the New Mexico Religious Freedom Restoration Act authorizes a government agency to burden a person's free exercise of religion. The protection of the free exercise of religion granted in that act is in addition to the protections granted by federal law and the state and federal constitutions. The New Mexico Religious Freedom Restoration Act does not affect the grant of benefits or tax exemptions to religious organizations nor does it impair any other exemptions granted by law. History: Laws 2000 (2nd S.S.), ch. 17, § 5. ANNOTATIONSEffective dates. — Laws 2000 (2nd S.S.), ch. 17 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective July 3, 2000, 90 days after the adjournment of the legislature.
NM Stat § 28-23-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 23 - Fair Pay for Women|Section 28-23-1 - Short title.

This act [28-23-1 to 28-23-6 NMSA 1978] may be cited as the "Fair Pay for Women Act". History: Laws 2013, ch. 12, § 1. ANNOTATIONSEffective dates. — Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature. Fair Pay for Women Act inapplicable on federal enclave. — Congress has exclusive authority over federal enclaves, and therefore plaintiffs' claims were barred by the federal enclave doctrine, where plaintiffs, employees of Sandia corporation (Sandia labs) located on Kirtland air force base, brought state-law employment discrimination claims against Sandia labs, a federally funded research and development contractor operating under contract for the department of energy. Kennicott v. Sandia Corp., 314 F.Supp.3d 1142 (D.N.M. 2018)
NM Stat § 28-23-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 23 - Fair Pay for Women|Section 28-23-2 - Definitions.

As used in the Fair Pay for Women Act: A. "commission" means the human rights commission; B. "director" means the chief of the human rights bureau of the labor relations division of the workforce solutions department; C. "employ" means suffer or permit to work; D. "employee" means any individual employed by an employer; E. "employer" means a person employing four or more employees and any person acting for an employer; F. "unpaid wage" means the difference between the wages paid to the employee and the wages that would have been paid to the employee had the discrimination not occurred; and G. "wage" means compensation for performance of services by an employee for an employer whether paid by the employer or another person, including cash value of all compensation paid in any medium other than cash. History: Laws 2013, ch. 12, § 2. ANNOTATIONSEffective dates. — Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature. The state of New Mexico is an employer subject to claims brought under the Fair Pay for Women Act. — The state, an entity capable of suing and being sued, is a legal entity that falls within the definition of "person" and thus is subject to suit for violating the terms of the Fair Pay for Women Act. Wolinsky v. N.M. Corrections Dep't, 2018-NMCA-071, cert. denied. State employee's right to pursue wage discrimination claims. — Where plaintiff sued her employer, the New Mexico corrections department, for sex-based pay discrimination in violation of the Fair Pay for Women Act (FPWA), alleging that her salary was approximately $8,000 less than that of a male employee in the same position, the district court erred in dismissing plaintiff's case based on the conclusion that defendant, a state agency, was not subject to the FPWA, because the state, an entity capable of suing and being sued, is a legal entity that falls within the definition of "person" and thus is subject to suit for violating the terms of the FPWA; the FPWA provides state employees the same right to pursue sex-based wage discrimination claims that persons employed by private employers possess. Wolinsky v. N.M. Corrections Dep't, 2018-NMCA-071, cert. denied.
NM Stat § 28-23-3 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 23 - Fair Pay for Women|Section 28-23-3 - Prohibition on paying employees less for same work.

A. No employer shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex by paying wages to employees in the establishment at a rate less than the rate that the employer pays wages to employees of the opposite sex in the establishment for equal work on jobs the performance of which requires equal skill, effort and responsibility and that are performed under similar working conditions, except where the payment is made pursuant to a: (1) seniority system; (2) merit system; or (3) system that measures earnings by quantity or quality of production. B. An employer shall not reduce the wage of an employee to comply with this section. C. No agreement between an employer and an employee for a specific wage in violation of the Fair Pay for Women Act shall prevent the employee from raising a claim based on a violation of the Fair Pay for Women Act. History: Laws 2013, ch. 12, § 3. ANNOTATIONSEffective dates. — Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature. Fair Pay for Women Act inapplicable on federal enclave. — Congress has exclusive authority over federal enclaves, and therefore plaintiffs' claims were barred by the federal enclave doctrine, where plaintiffs, employees of Sandia corporation (Sandia labs) located on Kirtland air force base, brought state-law employment discrimination claims against Sandia labs, a federally funded research and development contractor operating under contract for the department of energy. Kennicott v. Sandia Corp., 314 F.Supp.3d 1142 (D.N.M. 2018) The state of New Mexico is an employer subject to claims brought under the Fair Pay for Women Act. — The state, an entity capable of suing and being sued, is a legal entity that falls within the definition of "person" and thus is subject to suit for violating the terms of the Fair Pay for Women Act. Wolinsky v. N.M. Corrections Dep't, 2018-NMCA-071, cert. denied. State employee's right to pursue wage discrimination claims. — Where plaintiff sued her employer, the New Mexico corrections department, for sex-based pay discrimination in violation of the Fair Pay for Women Act (FPWA), alleging that her salary was approximately $8,000 less than that of a male employee in the same position, the district court erred in dismissing plaintiff's case based on the conclusion that defendant, a state agency, was not subject to the FPWA, because the state, an entity capable of suing and being sued, is a legal entity that falls within the definition of "person" and thus is subject to suit for violating the terms of the FPWA; the FPWA provides state employees the same right to pursue sex-based wage discrimination claims that persons employed by private employers possess. Wolinsky v. N.M. Corrections Dep't, 2018-NMCA-071, cert. denied.
NM Stat § 28-23-4 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 23 - Fair Pay for Women|Section 28-23-4 - Grievance procedure.

A. A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act may: (1) maintain an action to establish liability and recover damages and injunctive relief in any court of competent jurisdiction by any one or more employees on behalf of the employee or employees or on behalf of other employees similarly situated; or (2) seek relief under the Human Rights Act [Chapter 28, Article 1 NMSA 1978] pursuant to the process set out in Sections 28-1-10 through 28-1-13 NMSA 1978. B. The court in any action brought under this section shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable attorney fees to be paid by the defendant. In any proceedings brought pursuant to the provisions of this section, the employee shall not be required to pay any filing fee or other court costs necessarily incurred in such proceedings. C. The court in any action brought under this section may order appropriate injunctive relief, including requiring an employer to post in the place of business a notice describing violations by the employer as found by the court or a copy of a cease and desist order applicable to the employer. D. An action arising under the Fair Pay for Women Act shall be brought no later than two years from the last date of the employee's employment. E. A person claiming to be aggrieved by an unlawful discriminatory practice in violation of the Fair Pay for Women Act need not exhaust state administrative remedies. F. The initiation of an administrative process under the Human Rights Act pursuant to the process set out in Sections 28-1-10 through 28-1-13 NMSA 1978 shall toll the statute of limitations for initiating a claim under the Fair Pay for Women Act. History: Laws 2013, ch. 12, § 4. ANNOTATIONSEffective dates. — Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 28-23-5 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 23 - Fair Pay for Women|Section 28-23-5 - Retaliation prohibited.

It is a violation of the Fair Pay for Women Act for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to the Fair Pay for Women Act or assisting another person to do so, or for informing another person about employment rights or other rights provided by law. History: Laws 2013, ch. 12, § 5. ANNOTATIONSEffective dates. — Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 28-23-6 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 23 - Fair Pay for Women|Section 28-23-6 - Enforcement; penalties; remedies.

A. An employer who violates a provision of the Fair Pay for Women Act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement and promotion. Damages shall be calculated on the basis of: (1) the affected employee's unpaid wages and the damages from retaliation; (2) all other actual damages; and (3) treble damages. B. The court may, in its sound discretion, not award treble damages or award any amount thereof not to exceed the amount specified in this section if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that the employer's act or omission was not a violation of the Fair Pay for Women Act. C. An employer who violates a provision of the Fair Pay for Women Act may also be liable to the employee for punitive damages. D. Recovery of unpaid wages is limited to six years prior to the date of the last violation of the Fair Pay for Women Act. History: Laws 2013, ch. 12, § 6. ANNOTATIONSEffective dates. — Laws 2013, ch. 12 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.
NM Stat § 28-24-1 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 24 - Gender-Free Restrooms|Section 28-24-1 - Short title.

This act [28-24-1 to 28-24-3 NMSA 1978] may be cited as the "Gender-Free Restrooms Act".History: Laws 2019, ch. 109, § 1. ANNOTATIONSEffective dates. — Laws 2019, ch. 109, § 4 made Laws 2019, ch. 109 effective July 1, 2019.
NM Stat § 28-24-2 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 24 - Gender-Free Restrooms|Section 28-24-2 - Definitions.

As used in the Gender-Free Restrooms Act:A. "gender identity" means a person's self-perception, or perception of that person by another, of the person's identity as a male or female based upon the person's appearance, behavior or physical characteristics that are in accord with or opposed to the person's physical anatomy, chromosomal sex or sex at birth;B. "gender-neutral signage" means a sign that indicates a restroom without preference or distinction to a specific gender identity or sex;C. "public accommodation" means any establishment that provides or offers its services, facilities, accommodations or goods to the public, but does not include a bona fide private club or other place or establishment that is by its nature and use distinctly private; andD. "single-user toilet facility" means a single- occupancy restroom with an outer door that can be locked by the occupant.History: Laws 2019, ch. 109, § 2. ANNOTATIONSEffective dates. — Laws 2019, ch. 109, § 4 made Laws 2019, ch. 109 effective July 1, 2019.
NM Stat § 28-24-3 (2021)
2021 New Mexico Statutes|Chapter 28 - Human Rights|Article 24 - Gender-Free Restrooms|Section 28-24-3 - Public facility availability.

A. A single-user toilet facility that exists or is constructed on or after July 1, 2019 in a public accommodation shall be:(1) made available to any person regardless of gender identity or sex;(2) designated for use by not more than one occupant at a time or for family or assisted use; and(3) identified with gender-neutral signage.B. Nothing in this section shall be construed to require construction of a new, single-user toilet facility if one does not exist in a public accommodation.History: Laws 2019, ch. 109, § 3. ANNOTATIONSEffective dates. — Laws 2019, ch. 109, § 4 made Laws 2019, ch. 109 effective July 1, 2019.
NM Stat § 29-1-2 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-2 - [Stolen livestock and other property; duties.]

That it shall be the duty of all sheriffs, deputy sheriffs and constables, in their respective counties, to employ all lawful means to immediately trace and discover all livestock and other property which may have been stolen or unlawfully taken from the possession of the true owner thereof. History: Laws 1921, ch. 109, § 1; C.S. 1929, § 4-201; 1941 Comp., § 40-102; 1953 Comp., § 39-1-2. ANNOTATIONSCross references. — For livestock board inspector's duties, see 77-9-33 NMSA 1978. For motor or other vehicle transporting livestock stopped for purpose of examining certificate, see 77-9-46 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 46, 48, 49 to 51, 54. 80 C.J.S. Sheriffs and Constables § 52 et seq.
NM Stat § 29-1-3 (2021)
2021 New Mexico Statutes|Chapter 29 - Law Enforcement|Article 1 - Peace Officers in General|Section 29-1-3 - [Arrest and detention of escaped prisoners.]

All persons [Any person] who shall have been committed to jail, under any criminal charge, and shall before the final trial of the cause for which he was imprisoned, or before the completion of the sentence, in case he shall be convicted in the court in which the charge may be pending, escape from jail, and any time thereafter shall be found in any county, precinct or demarcation of this state, he shall be arrested and imprisoned again, until the judgment of the court may be had or the sentence fully complied with. History: Laws 1861-1862, p. 14; C.L. 1865, ch. 61, § 48; C.L. 1884, § 832; C.L. 1897, § 1226; Code 1915, § 3060; C.S. 1929, § 75-129; 1941 Comp., § 40-103; 1953 Comp., § 39-1-3. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For penalty for permitting prisoner to escape, see 30-22-11 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Extradition of escaped convict, 78 A.L.R. 419. 62 C.J.S. Municipal Corporations §§ 563, 574, 575; 80 C.J.S. Sheriffs and Constables § 66 et seq.