reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-7 - Enforcement by appointment of receiver.

A. An assignee is entitled to the appointment of a receiver for the real property subject to the assignment of rents if:
(1) the assignor is in default and:
(a) the assignor has agreed in a signed document to the appointment of a receiver in the event of the assignor's default;
(b) it appears likely that the real property may not be sufficient to satisfy the secured obligation;
(c) the assignor has failed to turn over to the assignee proceeds that the assignee was entitled to collect; or
(d) a subordinate assignee of rents obtains the appointment of a receiver for the real property; or
(2) other circumstances exist that would justify the appointment of a receiver pursuant to the Receivership Act [44-8-1 to 44-8-10 NMSA 1978] or any other law of New Mexico other than the Uniform Assignment of Rents Act.
B. An assignee may file a petition for the appointment of a receiver in connection with an action:
(1) to foreclose the security instrument;
(2) for specific performance of the assignment;
(3) seeking a remedy on account of waste or threatened waste of the real property subject to the assignment; or
(4) otherwise to enforce the secured obligation or the assignee's remedies arising from the assignment.
C. An assignee that files a petition pursuant to Subsection B of this section shall also give a copy of the petition in the manner specified in Section 3 [56-15-3 NMSA 1978] of the Uniform Assignment of Rents Act to any other person that, ten days before the date the petition is filed, held a recorded assignment of rents arising from the real property.
D. If an assignee enforces an assignment of rents pursuant to this section, the date of enforcement is the date on which the court enters an order appointing a receiver for the real property subject to the assignment.
E. From the date of its appointment, a receiver is entitled to collect rents as provided in Subsection B of Section 6 [56-15-6 NMSA 1978] of the Uniform Assignment of Rents Act. The receiver also has the authority provided in the order of appointment, the Receivership Act and any other law of New Mexico other than the Uniform Assignment of Rents Act.
F. The following rules govern priority among receivers:
(1) if more than one assignee qualifies pursuant to this section for the appointment of a receiver, a receivership requested by an assignee entitled to priority in rents pursuant to the Uniform Assignment of Rents Act has priority over a receivership requested by a subordinate assignee, even if a court has previously appointed a receiver for the subordinate assignee; and
(2) if a subordinate assignee obtains the appointment of a receiver, the receiver may collect the rents and apply the proceeds in the manner specified in the order appointing the receiver until a receiver is appointed pursuant to a senior assignment of rents.
History:
Laws 2011, ch. 141, § 7.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-8 - Enforcement by notification to assignor.

A. Upon the assignor's default, or as otherwise agreed by the assignor, the assignee may give the assignor a notification demanding that the assignor pay over the proceeds of any rents that the assignee is entitled to collect pursuant to Section 6 [56-15-6 NMSA 1978] of the Uniform Assignment of Rents Act. The assignee shall also give a copy of the notification to any other person that, ten days before the notification date, held a recorded assignment of rents arising from the real property.
B. If an assignee enforces an assignment of rents pursuant to this section, the date of enforcement is the date on which the assignor receives a notification pursuant to Subsection A of this section.
C. An assignee's failure to give a notification pursuant to Subsection A of this section to any person holding a recorded assignment of rents does not affect the effectiveness of the notification as to the assignor, but the other person is entitled to any relief permitted pursuant to any law of New Mexico other than the Uniform Assignment of Rents Act.
D. An assignee that holds a security interest in rents solely by virtue of Subsection A of Section 4 [56-15-4 NMSA 1978] of the Uniform Assignment of Rents Act shall not enforce the security interest pursuant to this section while the assignor occupies the real property as the assignor's primary residence.
History:
Laws 2011, ch. 141, § 8.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-11 - Effect of enforcement.

The enforcement of an assignment of rents by one or more of the methods identified in Sections 7, 8 and 9 [56-15-7, 56-15-8 and 56-15-9 NMSA 1978] of the Uniform Assignment of Rents Act, the application of proceeds by the assignee pursuant to Section 12 [56-15-12 NMSA 1978] of that act after enforcement, the payment of expenses pursuant to Section 13 [56-15-13 NMSA 1978] of that act or an action pursuant to Subsection D of Section 14 [56-15-14 NMSA 1978] of that act does not:
A. make the assignee a mortgagee in possession of the real property;
B. make the assignee an agent of the assignor;
C. constitute an election of remedies that precludes a later action to enforce the secured obligation;
D. make the secured obligation unenforceable; or
E. limit any right available to the assignee with respect to the secured obligation.
History:
Laws 2011, ch. 141, § 11.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-12 - Application of proceeds.

Unless otherwise agreed, an assignee that collects rents pursuant to the Uniform Assignment of Rents Act or collects upon a judgment in an action pursuant to Subsection D of Section 14 [56-15-14 NMSA 1978] of that act shall apply the sums collected in the following order to:
A. the assignee's reasonable expenses of enforcing its assignment of rents, including, to the extent provided for by agreement and not prohibited by any law of New Mexico other than the Uniform Assignment of Rents Act, reasonable attorney fees and costs incurred by the assignee;
B. reimbursement of any expenses incurred by the assignee to protect or maintain the real property subject to the assignment;
C. payment of the secured obligation;
D. payment of any obligation secured by a subordinate security interest or other lien on the rents if, before distribution of the proceeds, the assignor and assignee receive a notification from the holder of the interest or lien demanding payment of the proceeds; and
E. the assignor.
History:
Laws 2011, ch. 141, § 12.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-13 - Application of proceeds to expenses of protecting real property; claims and defenses of tenant.

A. Unless otherwise agreed by the assignee, and subject to Subsection C of this section, an assignee that collects rents following enforcement pursuant to Section 8 or 9 [56-15-8, 56-15-9 NMSA 1978] of the Uniform Assignment of Rents Act need not apply them to the payment of expenses of protecting or maintaining the real property subject to the assignment.
B. Unless a tenant has made an enforceable agreement not to assert claims or defenses, the right of the assignee to collect rents from the tenant is subject to the terms of the agreement between the assignor and tenant and any claim or defense arising from the assignor's nonperformance of that agreement.
C. The Uniform Assignment of Rents Act does not limit the standing or right of a tenant to request a court to appoint a receiver for the real property subject to the assignment or to seek other relief on the grounds that the assignee's nonpayment of expenses of protecting or maintaining the real property has caused or threatened harm to the tenant's interest in the property. Whether the tenant is entitled to the appointment of a receiver or other relief is governed by any law of New Mexico other than the Uniform Assignment of Rents Act.
History:
Laws 2011, ch. 141, § 13.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-14 - Turnover of rents; commingling and identifiability of rents; liability of assignor.

A. As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
B. If an assignor collects rents that the assignee is entitled to collect pursuant to the Uniform Assignment of Rents Act:
(1) the assignor shall turn over the proceeds to the assignee, less any amount representing payment of expenses authorized by the assignee; and
(2) the assignee continues to have a security interest in the proceeds so long as they are identifiable.
C. For purposes of the Uniform Assignment of Rents Act, cash proceeds are identifiable if they are maintained in a segregated account or, if commingled with other funds, to the extent the assignee can identify them by a method of tracing, including application of equitable principles, that is permitted pursuant to any law of New Mexico other than the Uniform Assignment of Rents Act with respect to commingled funds.
D. In addition to any other remedy available to the assignee pursuant to any law of New Mexico other than the Uniform Assignment of Rents Act, if an assignor fails to turn over proceeds to the assignee as required by Subsection B of this section, the assignee may recover from the assignor in a civil action:
(1) the proceeds, or an amount equal to the proceeds, that the assignor was obligated to turn over pursuant to Subsection B of this section; and
(2) reasonable attorney fees and costs incurred by the assignee to the extent provided for by agreement and not prohibited by any law of New Mexico other than the Uniform Assignment of Rents Act.
E. The assignee may maintain an action pursuant to Subsection D of this section without bringing an action to foreclose any security interest that it may have in the real property. Any sums recovered in the action shall be applied in the manner specified in Section 12 [56-15-12 NMSA 1978] of the Uniform Assignment of Rents Act.
F. Unless otherwise agreed, if an assignee entitled to priority pursuant to Subsection C of Section 5 [56-15-5 NMSA 1978] of the Uniform Assignment of Rents Act enforces its interest in rents after another creditor holding a subordinate security interest in rents has enforced its interest pursuant to Section 8 or 9 [56-15-8, 56-15-9 NMSA 1978] of that act, the creditor holding the subordinate security interest in rents is not obligated to turn over any proceeds that it collects in good faith before the creditor receives notification that the senior assignee has enforced its interest in rents. The creditor shall turn over to the senior assignee any proceeds that it collects after it receives the notification.
History:
Laws 2011, ch. 141, § 14.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-15 - Perfection and priority of assignee's security interest in proceeds.

A. As used in this section:
(1) "Article 9" means Chapter 55, Article 9 NMSA 1978 or, to the extent applicable to any particular issue, Article 9 of the Uniform Commercial Code as adopted by the state whose laws govern that issue pursuant to the choice-of-laws rules contained in Chapter 55, Article 9 NMSA 1978; and
(2) "conflicting interest" means an interest in proceeds, held by a person other than an assignee, that is:
(a) a security interest arising pursuant to Article 9; or
(b) any other interest if Article 9 resolves the priority conflict between that person and a secured party with a conflicting security interest in the proceeds.
B. An assignee's security interest in identifiable cash proceeds is perfected if its security interest in rents is perfected. An assignee's security interest in identifiable noncash proceeds is perfected only if the assignee perfects that interest in accordance with Article 9.
C. Except as otherwise provided in Subsection D of this section, priority between an assignee's security interest in identifiable proceeds and a conflicting interest is governed by the priority rules in Article 9.
D. An assignee's perfected security interest in identifiable cash proceeds is subordinate to a conflicting interest that is perfected by control pursuant to Article 9 but has priority over a conflicting interest that is perfected other than by control.
History:
Laws 2011, ch. 141, § 15.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-16 - Priority subject to subordination.

The Uniform Assignment of Rents Act does not preclude subordination by agreement as to rents or proceeds.
History:
Laws 2011, ch. 141, § 16.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-17 - Uniformity of application and construction.

In applying and construing the Uniform Assignment of Rents Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
Laws 2011, ch. 141, § 17.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-18 - Relation to Federal Electronic Signatures in Global and National Commerce Act.

The Uniform Assignment of Rents Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act but does not modify, limit or supersede Section 101(c) of that act or authorize electronic delivery of any of the notices described in Section 103(b) of that act.
History:
Laws 2011, ch. 141, § 18.
ANNOTATIONS
Cross references.
— For the federal Electronic Signatures in Global and National Commerce Act,
see
15 U.S.C. § 7001.
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 56 - Commercial Instruments and Transactions › Article 15 - Uniform Assignment of Rents › Section 56-15-19 - Application to existing relationships.

A. Except as otherwise provided in this section, the Uniform Assignment of Rents Act governs the enforcement of an assignment of rents and the perfection and priority of a security interest in rents, even if the document creating the assignment was signed and delivered before the effective date of that act.
B. The Uniform Assignment of Rents Act does not affect an action or proceeding commenced before the effective date of that act.
C. Subsection A of Section 4 [56-15-4 NMSA 1978] of the Uniform Assignment of Rents Act does not apply to any security instrument signed and delivered before the effective date of that act.
D. The Uniform Assignment of Rents Act does not affect:
(1) the enforceability of an assignee's security interest in rents or proceeds if, immediately before the effective date of that act, that security interest was enforceable;
(2) the perfection of an assignee's security interest in rents or proceeds if, immediately before the effective date of that act, that security interest was perfected; or
(3) the priority of an assignee's security interest in rents or proceeds with respect to the interest of another person if, immediately before the effective date of that act, the interest of the other person was enforceable and perfected, and that priority was established.
History:
Laws 2011, ch. 141, § 19.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 141, § 20 made §§ 1 through 19, the Uniform Assignment of Rents Act, effective January 1, 2012.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-1.1 - Short title.

Sections 57-1-1 through 57-1-15 NMSA 1978 may be cited as the "Antitrust Act".
History:
1978 Comp., § 57-1-1.1, enacted by Laws 1979, ch. 374, § 2.
ANNOTATIONS
Compiler's notes.
— Although this section defines the Antitrust Act as 57-1-1 through 57-1-15 NMSA 1978, Laws 1987, Chapter 37 seems to add 57-1-16 and 57-1-17 NMSA 1978 to the Antitrust Act.
Law reviews.
— For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-1.2 - Definition.

As used in the Antitrust Act, "person" means an individual, corporation, business trust, partnership, association or any governmental or other legal entity with the exception of the state, except as used in Subsection B of Section 57-1-3 NMSA 1978, and the United States.
History:
1978 Comp., § 57-1-1.2, enacted by Laws 1979, ch. 374, § 3; 1987, ch. 37, § 2.
ANNOTATIONS
Compiler's notes.
— Although this section defines the Antitrust Act as 57-1-1 through 57-1-15 NMSA 1978, Laws 1987, Chapter 37 seems to add 57-1-16 and 57-1-17 NMSA 1978 to the Antitrust Act.
The 1987 amendment,
effective June 19, 1987, substituted "except as used in Subsection B of Section 57-1-3 NMSA 1978" for "of New Mexico" following "with the exception of the state."
Law reviews.
— For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-4 - Organizations exempted.

The labor of a human being is not a commodity or article of commerce. No law against monopolies or combinations in restraint of trade shall be held or construed to forbid the existence and operation of natural gas marketing, labor, agricultural or horticultural organizations instituted for purposes of mutual help and not having capital stock or conducted for profit to the organization or to forbid or restrain individual members of such organizations from lawfully carrying out the objects thereof; nor shall such organizations or the members thereof be held or construed to be illegal combinations or conspiracies in restraint of trade under any law against monopolies or combinations in restraint of trade. No natural gas marketing organization exempted herein shall be organized in such a manner so as to control more than ten percent of the natural gas market. Nothing in this section shall be held or construed to justify any restraint of trade or restriction of competition except such as is incident to the protection and promotion of the interests of the members of such organizations, in view of their situation and circumstances, but such organizations and their objects and the effectuation thereof shall prima facie be presumed to be in reasonable restraint of trade or restriction of competition.
History:
Laws 1923, ch. 37, § 1; C.S. 1929, § 35-2904; 1941 Comp., § 51-1104; 1953 Comp., § 49-1-4; 1987, ch. 243, § 1.
ANNOTATIONS
The 1987 amendment,
effective June 19, 1987, inserted "natural gas marketing" preceding "labor" in the second sentence, added the third sentence, and made minor stylistic changes throughout the section.
Monopoly is not purpose of cooperative marketing associations.
Elephant Butte Alfalfa Ass'n v. Rouault
, 1926-NMSC-009, 33 N.M. 136, 262 P. 185.
Cooperative marketing associations may enforce exclusive sales contracts.
— A cooperative marketing association without capital stock, and operated for a mutually beneficial purpose, may enforce performance of a grower's contract to sell his alfalfa to it exclusively.
Elephant Butte Alfalfa Ass'n v. Rouault
, 1926-NMSC-009, 33 N.M. 136, 262 P. 185.
Law reviews.
— For article, "New Mexico Restraint of Trade Statutes - A Legislative Proposal," see 9 N.M.L. Rev. 1 (1978-79).
For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Refusal of labor union to work on materials produced or transported by nonunion labor, 52 A.L.R. 1147, 54 A.L.R. 806.
58 C.J.S. Monopolies §§ 145 to 149, 167 to 169.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-6 - Criminal penalty.

A. Any person who violates Section 57-1-1 or 57-1-2 NMSA 1978 shall be guilty of a fourth-degree felony and, for conviction thereof, if a person other than an individual, it shall be punished by a fine not to exceed two hundred fifty thousand dollars ($250,000), or, if an individual, imprisonment in the penitentiary for a determinate term of not less than one year nor more than five years, or by the payment of a fine not to exceed fifty thousand dollars ($50,000), or both such imprisonment and fine in the discretion of the court. An indictment must be found or information or complaint must be filed within three years from the time of the violation.
B. No criminal action may be brought against any person for the same violation for which such person has been convicted in a criminal proceeding for violation of the federal antitrust laws.
C. For the purposes of this section, "individual" means a person other than a corporation, business trust, partnership, association or other governmental or legal entity.
History:
1978 Comp., § 57-1-6, enacted by Laws 1979, ch. 374, § 7.
ANNOTATIONS
Recompilations.
— Laws 1979, ch. 374, § 18, recompiled former 57-1-6 NMSA 1978, relating to penalties, as 57-1-19 NMSA 1978.
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-7 - Civil penalty.

A. The attorney general may bring an action for civil penalties in the name of the state against any person for violation of Section 57-1-1 or 57-1-2 NMSA 1978. Any individual who violates Section 57-1-1 or 57-1-2 NMSA 1978 shall be subject to a civil penalty of not more than fifty thousand dollars ($50,000), or, if a person other than an individual, not to exceed two hundred fifty thousand dollars ($250,000).
B. Any person who fails to comply with a final judgement or decree of a court of this state issued for a violation of the Antitrust Act shall be subject to a civil penalty; if an individual, the penalty shall be not more than fifty thousand dollars ($50,000), or, if a person other than an individual, the penalty shall be not more than two hundred fifty thousand dollars ($250,000).
C. No action for a civil penalty may be brought against any person for the same violation for which such person has been convicted in a criminal proceeding for violation of the federal antitrust laws.
D. For the purposes of Subsections A and B of this section, "individual" means a person other than a corporation, business trust, partnership, association or other governmental or legal entity.
History:
1978 Comp., § 57-1-7, enacted by Laws 1979, ch. 374, § 8.
ANNOTATIONS
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-8 - Attorney general; injunctive relief.

The attorney general may bring an action in the name of the state against any person to enjoin, restrain and prevent the doing in this state of any act declared unlawful under Section 57-1-1 or 57-1-2 NMSA 1978.
History:
1978 Comp., § 57-1-8, enacted by Laws 1979, ch. 374, § 9.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-9 - Election of remedies.

The obtaining of a judgement under the Antitrust Act to assess a civil penalty against a person shall be an election of remedies to not bring a criminal prosecution against such person under the Antitrust Act. The institution of a criminal prosecution under that act against a person by filing an information or complaint or returning an indictment shall be an election of remedies not to bring suit to assess a civil penalty against such person under that act.
History:
1978 Comp., § 57-1-9, enacted by Laws 1979, ch. 374, § 10.
ANNOTATIONS
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-10 - District attorneys; enforcement.

In order to promote the uniform administration of the Antitrust Act in New Mexico, the attorney general is to be responsible for its enforcement, but he may, on a case-by-case basis, delegate this authority to the district attorneys of the state and when this is done, the district attorneys shall have every power and duty conferred upon the attorney general by this act [57-1-1 to 57-1-3, 57-1-5 to 57-1-19 NMSA 1978].
History:
1978 Comp., § 57-1-10, enacted by Laws 1979, ch. 374, § 11.
ANNOTATIONS
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-11 - Judgment in favor of state as prima facie evidence.

A. A final judgment or decree in a civil or criminal proceeding determining that a person has violated Section 57-1-1 or 57-1-2 NMSA 1978 in an action brought by the state is prima facie evidence against such person in any other action against him under the provisions of Section 57-1-3 NMSA 1978 as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto. This section does not affect the application of collateral estoppel or issue preclusion.
B. For the purposes of Subsection A of this section, "final judgment" or "decree" shall not include a consent judgment or decree entered before any testimony has been taken at trial in a civil proceeding or a judgment based upon a plea of nolo contendere in a criminal proceeding.
History:
1978 Comp., § 57-1-11, enacted by Laws 1979, ch. 374, § 12.
ANNOTATIONS
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-12 - Limitations of actions.

A. An action brought under the provisions of Section 57-1-7 or 57-1-8 NMSA 1978 is barred if it is not commenced within four years after the cause of action accrues or within four years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered, the facts relied upon for proof of the cause of action, whichever is later.
B. An action brought under the provisions of Section 57-1-3 NMSA 1978 to recover damages is barred if it is not commenced within four years after the cause of action accrues or within four years after the plaintiff discovered, or by the exercise of reasonable diligence should have discovered, the facts relied upon for proof of the cause of action, whichever is later. Provided, however, that a cause of action is not barred if it is commenced within one year after the conclusion of a timely action brought by the state under the provisions of Section 57-1-6, 57-1-7 or 57-1-8 NMSA 1978, based in whole or in part on any matter complained of in the action for damages, whichever is later.
C. For the purposes of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of the violation.
History:
1978 Comp., § 57-1-12, enacted by Laws 1979, ch. 374, § 13.
ANNOTATIONS
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Time when cause of action accrues for civil action under state antitrust, monopoly, or restraint of trade statutes, 90 A.L.R.4th 1102.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-13 - Actions involving interstate or foreign commerce.

No action under the Antitrust Act shall be barred on the ground that the activity or conduct complained of in any manner affects or involves interstate or foreign commerce.
History:
1978 Comp., § 57-1-13, enacted by Laws 1979, ch. 374, § 14.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-14 - Remedies cumulative.

Subject to Section 57-1-9 NMSA 1978, the remedies afforded the state under the Antitrust Act shall be cumulative.
History:
1978 Comp., § 57-1-14, enacted by Laws 1979, ch. 374, § 15.
ANNOTATIONS
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-15 - Construction.

Unless otherwise provided in the Antitrust Act, the Antitrust Act shall be construed in harmony with judicial interpretations of the federal antitrust laws. This construction shall be made to achieve uniform application of the state and federal laws prohibiting restraints of trade and monopolistic practices.
History:
1978 Comp., § 57-1-15, enacted by Laws 1979, ch. 374, § 16.
ANNOTATIONS
Compliance with federal substantive law as it relates to oligopolies.
— To ensure uniform application of federal and state laws in antitrust actions under the Antitrust Act, 57-1-1 to 57-1-15 NMSA 1978, involving oligopolies, such as the tobacco industry, which are by nature interdependent such that it is likely that when one company acts in a certain manner, the other firms will determine whether it is in their best interest to follow the leader's action, plaintiffs must meet the standard of federal substantive law, which requires that to show that there was an unlawful agreement, plaintiffs must present evidence that tends to exclude the possibility that defendants acted independently or plaintiffs cannot meet their burden of establishing a genuine issue of material fact to withstand summary judgment for defendants.
Romero v. Philip Morris, Inc.
, 2010-NMSC-035, 148 N.M. 713, 242 P.3d 280,
rev'g
, 2009-NMCA-022, 145 N.M. 658, 203 P.3d 873.
New Mexico looks to federal decisions to determine meaning of "restraint of trade".
State v. Ray Bell Oil Co.
, 1983-NMCA-068, 101 N.M. 368, 683 P.2d 50, cert. denied, 101 N.M. 362, 683 P.2d 44, appeal dismissed, 469 U.S. 1030, 105 S. Ct. 498, 83 L. Ed. 2d 391 (1984).
Determining allegations of antitrust arrangements.
— In the absence of New Mexico decisions directly on point, New Mexico courts look to federal cases involving allegations of antitrust arrangements under § 1 of the Sherman Act (15 U.S.C. § 1).
Smith Mach. Corp. v. Hesston, Inc.
, 1985-NMSC-004, 102 N.M. 245, 694 P.2d 501.
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-16 - [Lawful activities.]

Nothing contained in the Antitrust Act is intended to prohibit actions which are:
A. clearly and expressly authorized by any state agency or regulatory body acting under a clearly articulated and affirmatively expressed state policy to displace competition with regulation; and
B. actively supervised by the state agency or regulatory body which is constitutionally or statutorily granted the authority to supervise such actions when the agency or regulatory body does not have any proprietary interest in the actions.
History:
1978 Comp., § 57-1-16, enacted by Laws 1987, ch. 37, § 3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Repeals and reenactments.
— Laws 1987, ch. 37, § 3, effective June 19, 1987, repeals 57-1-16 NMSA 1978, as enacted by Laws 1979, ch. 374, § 17, and enacts the present section, effective June 19, 1987. For provisions of the former section,
see
1985 Cumulative Supplement.
Because collect call telephone rates are under the primary jurisdiction of the New Mexico public regulation commission,
a regulatory agency, the rates are expressly permitted under the statute and, therefore, are not subject to claims under the New Mexico Unfair Practices Act, 57-12-1 NMSA 1978 et seq., and New Mexico Antitrust Act, Chapter 57, Article 1 NMSA 1978.
Valdez v. State
, 2002-NMSC-028, 132 N.M. 667, 54 P.3d 71.
Law reviews.
— For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-17 - Limitation on recovery of damages.

A. Notwithstanding the provisions of Section 57-1-3 NMSA 1978:
(1) no damages or interest on damages may be recovered under the Antitrust Act from any local government or official or employee thereof acting in an official capacity; provided, however, that in an action for a permanent injunction brought against a local government or official or employee thereof acting in an official capacity, costs and reasonable attorneys' fees may be granted to the prevailing party; and
(2) no damages or interest on damages may be recovered under the Antitrust Act in any claim against a person based on any official action directed by a local government or official or employee thereof acting in an official capacity; provided, however, that in an action for permanent injunction brought against a person based on any official action directed by a local government or official or employee thereof acting in an official capacity, costs and reasonable attorneys' fees may be granted to the prevailing party.
B. As used in this section:
(1) "local government" means:
(a) a city, county or any other general function governmental unit established by state law; or
(b) a school district, sanitary district or any other special function governmental unit established by state law; and
(2) "person" has the meaning given it in Section 57-1-1.2 NMSA 1978 but does not include any local government as defined in Paragraph (1) of this subsection.
History:
1978 Comp., § 57-1-17, enacted by Laws 1987, ch. 37, § 4.
ANNOTATIONS
Antitrust Act.
—
See
57-1-1.1 NMSA 1978 and notes thereto.
Immunity from liability for antitrust damages.
— An association that is organized under the Sanitary Projects Act, 3-29-1 NMSA 1978, is a special function governmental unit, established by state law, and is immune from damages for liability under the New Mexico Antitrust Act, 57-1-1 NMSA 1978. Moongate Water Co., Inc. v. Dona Ana Mut. Domestic Water Consumers Assn., 2008-NMCA-143, 145 N.M. 140, 194 P.3d 755.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-18 - Limitation of retail purchases unlawful.

It is unlawful for any merchant to advertise or offer for sale any item of merchandise with a limitation upon the number of the item that any retail purchaser may purchase at the advertised price. It is further unlawful for any merchant offering or advertising any item of merchandise in his place of business at any given price to refuse to sell to any prospective retail purchaser for cash the whole or any part of his stock of such item at such price. However, this section shall not be applicable to a purchaser purchasing for resale.
History:
1953 Comp., § 49-1-5, enacted by Laws 1955, ch. 250, § 1; 1957, ch. 30, § 1; 1961, ch. 52, § 1; 1978 Comp., § 57-1-5, recompiled as 1978 Comp., § 57-1-18 by Laws 1979, ch. 374, § 18; 1995, ch. 18, § 1.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, inserted "retail" in the section heading and in the first and second sentences, added the final sentence, and made stylistic changes.
Advertising different prices for small and unlimited quantities not violative.
— Where the advertised price was one or two items at one price and additional items at a higher price and where the informations charged neither a limitation upon the number of items which any purchaser might buy at the advertised price nor a refusal to sell to any prospective purchaser the whole or any part of such items of merchandise at the advertised price, the information in each case failed to charge an offense within the meaning of the words used in this section and orders quashing the informations would be properly entered.
State v. Shop Rite Foods, Inc.
, 1964-NMSC-048, 74 N.M. 55, 390 P.2d 437.
Law reviews.
— For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 C.J.S. Monopolies §§ 62 to 69, 73, 84.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 1 - Restraints of Trade › Section 57-1-19 - [Violation of act; penalty.]

Any person convicted of violating this act [57-1-18, 57-1-19 NMSA 1978] shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment of not more than ninety days, or by both such fine and imprisonment.
History:
1953 Comp., § 49-1-6, enacted by Laws 1955, ch. 250, § 2; 1978 Comp., § 57-1-6, recompiled as 1978 Comp., § 57-1-19 by Laws 1979, ch. 374, § 18.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Law reviews.
— For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
58 C.J.S. Monopolies § 113.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2 - Cigarettes › Section 57-2-1 to 57-2-13 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1983, ch. 211, § 42, repealed 57-2-1 to 57-2-13 NMSA 1978, the Cigarette Fair Trade Practices Act, effective July 1, 1983.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2 - Cigarettes › Section 57-2-14 - Clove cigarettes; prohibit.

No person shall knowingly sell or offer for sale in New Mexico any clove cigarettes.
History:
Laws 1985, ch. 136, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Civil liability for tobacco sales to minors, 55 A.L.R.4th 1238.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2 - Cigarettes › Section 57-2-15 - Penalty.

Any person who violates the provisions of Section 1 [57-2-14 NMSA 1978] of this act is guilty of a petty misdemeanor.
History:
Laws 1985, ch. 136, § 2.
ANNOTATIONS
Cross references.
— For sentencing for misdemeanors,
see
31-19-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-1 - Short title.

This act [57-2A-1 to 57-2A-10 NMSA 1978] may be cited as the "Cigarette Enforcement Act".
History:
Laws 2000, ch. 77, § 1.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
Law reviews.
— For article, "Public Health Protection and the Commerce Clause: Controlling Tobacco in the Internet Age", see 35 N.M.L. Rev. 81 (2005).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-2 - Definitions.

As used in the Cigarette Enforcement Act:
A. "cigarette" means any roll of tobacco or any substitute therefor wrapped in paper or any substance other than tobacco;
B. "department" means the taxation and revenue department, the secretary of taxation and revenue or any employee of the department exercising authority lawfully delegated to that employee by the secretary;
C. "importer" means "importer" as that term is defined in 26 USCA 5702(1);
D. "package" means "package" as that term is defined in 15 USCA 1332(4); and
E. "secretary" means the secretary of taxation and revenue.
History:
Laws 2000, ch. 77, § 2.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-3 - Prohibited conduct.

It is unlawful for a person to:
A. sell or distribute in this state; acquire, hold, own, possess or transport for sale or distribution in this state; or to import, or cause to be imported, into this state for sale or distribution in this state:
(1) cigarettes, the package of which:
(a) bears a statement, label, stamp, sticker or notice indicating that the manufacturer did not intend the cigarettes to be sold, distributed or used in the United States, including labels that state: "for export only", "U.S. tax exempt", "for use outside U.S." or similar wording; or
(b) does not comply with: 1) all requirements imposed by or pursuant to federal law regarding warnings and other information on packages of cigarettes manufactured, packaged or imported for sale, distribution or use in the United States, including the precise warning labels specified in 15 USCA 1333; and 2) all federal trademark and copyright laws;
(2) cigarettes imported into the United States on or after January 1, 2000 in violation of 26 USCA 5754, any other federal law or federal implementing regulations;
(3) cigarettes that the person acting in regard thereto otherwise knows or has reason to know the manufacturer did not intend to be sold, distributed or used in the United States; or
(4) cigarettes for which there has not been submitted to the secretary of the United States department of health and human services the list or lists of the ingredients added to tobacco in the manufacture of those cigarettes as required by 15 USCA 1335A;
B. alter the package of any cigarettes prior to sale or distribution to the ultimate consumer by removing, concealing or obscuring:
(1) a statement, label, stamp, sticker or notice described in Subparagraph (a) of Paragraph (1) of Subsection A of this section; or
(2) a health warning that is not specified in, or does not conform with the requirements of, 15 USCA 1333; or
C. affix a stamp required pursuant to the Cigarette Tax Act [7-12-1 NMSA 1978] to a package of cigarettes described in Subsection A of this section or altered in violation of Subsection B of this section.
History:
Laws 2000, ch. 77, § 3.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-5 - Violation of act constitutes an unfair trade practice.

A violation of Section 3 or 4 [57-2A-3 or 57-2A-4 NMSA 1978] of the Cigarette Enforcement Act constitutes an unfair trade practice pursuant to the Unfair Practices Act [57-12-1 NMSA 1978].
History:
Laws 2000, ch. 77, § 5.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-6 - Unfair cigarette sales.

For the purposes of the Cigarette Enforcement Act, cigarettes imported or reimported into the United States for sale or distribution under a trade name, trade dress or trademark that is the same as, or is confusingly similar to, a trade name, trade dress or trademark used for cigarettes manufactured in the United States for sale or distribution in the United States is presumed to have been purchased outside of the ordinary channels of trade.
History:
Laws 2000, ch. 77, § 6.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-7 - Criminal penalties for violation.

A. A person who knowingly commits an act prohibited by Section 3 [57-2A-3 NMSA 1978] of the Cigarette Enforcement Act is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with Section 31-18-15 NMSA 1978.
B. A person who fails to comply with a requirement of Section 4 [57-2A-4 NMSA 1978] of the Cigarette Enforcement Act is guilty of a fourth degree felony and upon conviction shall be sentenced in accordance with Section 31-18-15 NMSA 1978.
History:
Laws 2000, ch. 77, § 7.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-8 - Administrative penalties for violation.

A. The secretary may revoke or suspend the registration or license of a person licensed or registered pursuant to Section 7-12-9 NMSA 1978 who violates Section 3 or 4 [57-2A-3 or 57-2A-4 NMSA 1978] of the Cigarette Enforcement Act. The decision to revoke or suspend shall be taken and is subject to review in accordance with the Tax Administration Act [7-1-1 NMSA 1978].
B. Cigarettes acquired, held, owned, possessed, transported in, imported into or sold or distributed in this state in violation of the Cigarette Enforcement Act are contraband and are subject to seizure, forfeiture and destruction by the department or a law enforcement agency.
History:
Laws 2000, ch. 77, § 8.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 2A - Cigarette Enforcement › Section 57-2A-9 - Applicability.

The provisions of the Cigarette Enforcement Act do not apply to:
A. cigarettes allowed to be imported or brought into the United States for personal use free of federal tax or duty or voluntarily abandoned to the federal secretary of the treasury at the time of entry; and
B. cigarettes sold or intended to be sold as duty-free merchandise by a duty-free sales enterprise in accordance with the provisions of 19 USCA 1555(b) and implementing regulations, but if the cigarettes are brought back in customs territory for resale within the customs territory, the provisions of that act apply.
History:
Laws 2000, ch. 77, § 9.
ANNOTATIONS
Effective dates.
— Laws 2000, ch. 77, § 11 made the Cigarette Enforcement Act effective July 1, 2000.