reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 23 - Franchise Termination › Section 57-23-6 - Late payment.

If a supplier does not make the payment required by the Franchise Termination Act before the sixty-first day after the day that the supplier received the final shipment of the inventory from the dealer, the supplier shall be liable to the dealer for:
A. the greater of the dealer cost or current price of the inventory;
B. the expenses incurred by the dealer in returning the inventory to the supplier;
C. interest on the greater of the dealer cost or current price of the inventory, at the rate applicable to a judgment of a court of this state, for the period beginning on the sixty-first day after the day the supplier received the inventory;
D. reasonable attorney's fees; and
E. costs.
History:
Laws 1985, ch. 229, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 23 - Franchise Termination › Section 57-23-8 - Application of bulk transfer law.

The provisions of the Uniform Commercial Code - Bulk Transfers [repealed] do not apply to a transaction between a supplier and dealer that is required by the Franchise Termination Act.
History:
Laws 1985, ch. 229, § 8.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 1992, ch. 114, § 237C repealed the Uniform Commercial Code - Bulk Transfers, 55-6-101 to 55-6-110 NMSA 1978, as enacted by Laws 1961, ch. 96, §§ 6-101 to 6-110, effective July 1, 1992. For provisions of former sections,
see
the 1991 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 24 - Food Products Delivery Guarantees › Section 57-24-1 - Short title.

This act [57-24-1 to 57-24-4 NMSA 1978] may be cited as the "Food Products Delivery Guarantee Act".
History:
Laws 1991, ch. 116, § 1.
ANNOTATIONS
Cross references.
— For Food Donors Liability Act,
see
ch. 41, art. 10 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 24 - Food Products Delivery Guarantees › Section 57-24-2 - Food products delivery guarantees; definition.

As used in the Food Products Delivery Guarantee Act, "food products delivery guarantee" means any statement guaranteeing or warranting the time of delivery of any food product or service.
History:
Laws 1991, ch. 116, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 24 - Food Products Delivery Guarantees › Section 57-24-3 - Civil penalty.

Pursuant to a finding by any court that a person made a food products delivery guarantee that proximately resulted in injury or damage to another or another's property, the attorney general, upon petition to the court, may recover, on behalf of the state of New Mexico, a civil penalty not exceeding five thousand dollars ($5,000) for each occurrence of injury or damage.
History:
Laws 1991, ch. 116, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 24 - Food Products Delivery Guarantees › Section 57-24-4 - Civil remedies.

Any person may bring a civil action for injuries or damages proximately caused by any food products delivery guarantee. Damages shall include nominal, compensatory or punitive damages. Costs and attorneys' fees shall be awarded by the court to a prevailing party. The relief provided in this section is in addition to remedies otherwise provided by law.
History:
Laws 1991, ch. 116, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 25 - Carnival Ride Insurance › Section 57-25-1 - Short title.

This act [57-25-1 to 57-25-6 NMSA 1978] may be cited as the "Carnival Ride Insurance Act".
History:
Laws 1993, ch. 284, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, construction, and effect of agreement exempting operator of amusement facility from liability for personal injury or death of patron, 54 A.L.R.5th 513.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 25 - Carnival Ride Insurance › Section 57-25-2 - Definitions.

As used in the Carnival Ride Insurance Act:
A. "carnival ride" means any mechanical device, aquatic device or combination of devices that carries or conveys passengers on, along, around, through or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills or excitement, including bungee jumping facilities and state fair rides, but does not include playground equipment, a single-passenger, coin-operated device secured by a stationary foundation or a small promotional event or operation consisting of fewer than six kiddie rides designed for children twelve years of age or younger, including merry-go-rounds;
B. "department" means the regulation and licensing department;
C. "inspection" means a physical examination of a carnival ride by an inspector of the regulation and licensing department prior to issuing a certificate of inspection, including reinspection;
D. "operator" means a person actually engaged in or directly controlling the operation of a carnival ride; and
E. "owner" means a person, including the state or any political subdivision of the state, who owns or leases a carnival ride.
History:
Laws 1993, ch. 284, § 2; 1995, ch. 79, § 1.
ANNOTATIONS
The 1995 amendment,
effective June 16, 1995, in Subsection A, inserted "aquatic device or combination of devices", substituted "on, along, around, through" for "along, around", inserted "including bungee jumping facilities and state fair rides", substituted a comma for "or" following "equipment" and added the language at the end of the subsection beginning "or a small promotional event"; added Subsection C; and redesignated former Subsections C and D as Subsections D and E.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 25 - Carnival Ride Insurance › Section 57-25-4 - Penalty.

A. The department or its authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined that the owner or operator has not acquired a policy of insurance or has not maintained inspections of his carnival rides. The operation of the ride shall not resume until the requisite insurance is in effect, inspections have been made and the requisite certificates have been filed with the department and the local government entity.
B. The department may appear in its own name in the district court of Santa Fe county or any other county having jurisdiction to prevent violations or to enforce the provisions of the Carnival Ride Insurance Act, the orders, rules and regulations, codes and minimum standards made pursuant to this act by injunction, mandamus or any other proper legal proceeding without bond, including an order not to move the carnival ride.
C. The local law enforcement agency shall have the authority to enforce the provisions of the Carnival Ride Insurance Act. Any person who does not maintain liability insurance on a carnival ride, operates a carnival ride or authorizes the operation of a carnival ride that does not have insurance, does not annually have his carnival rides inspected or does not file the proper certificates as set forth in the Carnival Ride Insurance Act is guilty of a misdemeanor and upon conviction the court shall impose a fine of up to one thousand dollars ($1,000) a day for the operation of each ride.
History:
Laws 1993, ch. 284, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 25 - Carnival Ride Insurance › Section 57-25-5 - Liability; limitations.

No provision of the Carnival Ride Insurance Act shall be construed to place any liability on the state or on the department with respect to any claim by any person, firm or corporation relating to a carnival ride or to any injury or damages arising from a carnival ride.
History:
Laws 1993, ch. 284, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-1 - Short title.

Sections 1 through 12 [57-26-1 to 57-26-12 NMSA 1978] of this act may be cited as the "Rental-Purchase Agreement Act".
History:
Laws 1995, ch. 38, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-2 - Definitions.

As used in the Rental-Purchase Agreement Act:
A. "advertisement" means a commercial message in any medium that solicits a consumer to enter a rental-purchase agreement;
B. "cash sale price" means the price stated in a rental-purchase agreement for which the lessor would have sold and the consumer would have bought the goods that are the subject matter of a rental-purchase agreement if the transaction had been a sale for cash and may include any taxes and charges for delivery, installation, servicing, repairs, alterations or improvements;
C. "consumer" means an individual who rents goods under a rental-purchase agreement to be used primarily for personal, family or household purposes;
D. "consummation" means the date on which a consumer enters a rental-purchase agreement;
E. "goods" means personal property of which a consumer acquires use under a rental-purchase agreement;
F. "lessor" means a person who regularly provides the use of goods under rental-purchase agreements and to whom rental payments are initially payable on the face of the rental-purchase agreement; and
G. "rental-purchase agreement" means an agreement for the use of goods by an individual for personal, family or household purposes, for an initial period of four months or less, that is automatically renewable with each payment after the initial period, that does not obligate or require the consumer to continue renting or using the goods beyond the initial period and that permits the consumer to become the owner of the goods.
History:
Laws 1995, ch. 38, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-3 - Exempted transactions; relationship to other laws.

A. The Rental-Purchase Agreement Act does not apply to the following:
(1) rental-purchase agreements made primarily for business, commercial or agricultural purposes;
(2) a lease of a safe deposit box;
(3) a lease or bailment of personal property that is incidental to the lease of real property and provides that the consumer has no option to purchase the leased property;
(4) a lease of a "motor vehicle", as defined in Subsection C of Section 56-1-1 NMSA 1978; or
(5) a lease of a "mobile home", as defined in Subsection D of Section 56-1-1 NMSA 1978.
B. Rental-purchase agreements are not governed by the provisions of:
(1) the Uniform Commercial Code [Chapter 55 NMSA 1978];
(2) Chapter 56, Articles 1 and 8 NMSA 1978; or
(3) Chapter 58, Article 15 NMSA 1978.
History:
Laws 1995, ch. 38, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-4 - General requirements of rental-purchase agreements.

A. Each rental-purchase agreement shall be in writing, dated, signed by the consumer and lessor and completed as to all essential provisions.
B. The printed or typed portion of the rental-purchase agreement, other than instructions for completion, shall be in a size equal to at least eight-point type. The rental-purchase agreement shall be designated "rental-purchase agreement".
C. The lessor shall deliver to the consumer, or mail to him at his address shown on the rental-purchase agreement, a copy of the agreement as accepted by the consumer. Until the lessor does so, a consumer who has not received delivery of the rented goods shall have the right to rescind his rental-purchase agreement and receive a refund of all payments made. An acknowledgment by the consumer of delivery of a copy of the rental-purchase agreement shall be in a size equal to at least ten-point bold type and, if contained in the agreement, shall appear directly above the consumer's signature.
D. The rental-purchase agreement shall contain the names of the lessor and consumer, the lessor's business address and the residence or other address of the consumer as specified by the consumer.
E. The lessor shall disclose to the consumer the information required by Section 5 [57-26-5 NMSA 1978] of the Rental-Purchase Agreement Act on the face of the rental-purchase agreement above the line for the consumer's signature. The disclosures shall be made at or before consummation of the rental-purchase agreement. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by the disclosures. If a disclosure becomes inaccurate as a result of any act, occurrence or any agreement by the consumer after delivery of the required disclosures, the resulting inaccuracy is not a violation of the Rental-Purchase Agreement Act.
F. A lessor who provides an advertisement in any language other than English shall have rental-purchase agreements printed in each non-English language of the advertisement and shall make those rental-purchase agreements available to consumers.
History:
Laws 1995, ch. 38, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-5 - Disclosures.

A. For each rental-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable:
(1) whether the periodic payment is weekly, monthly or otherwise, the dollar amount of each payment and the total number and total dollar amount of all periodic payments necessary to acquire ownership of the goods;
(2) a statement that the consumer will not own the goods until the consumer has paid the total amount necessary to acquire ownership;
(3) a statement advising the consumer whether the consumer is liable for loss or damage to the goods and, if so, a statement that the liability will not exceed the fair market value of the goods as of the time they are lost or damaged;
(4) a brief description of the goods, sufficient to identify the goods to the consumer and the lessor, including an identification number, if applicable, and a statement indicating whether the goods are new or used. A statement that indicates new goods are used is not a violation of the Rental-Purchase Agreement Act;
(5) a statement of the cash sale price of the goods, but if one rental-purchase agreement involves a lease of two or more items as a set, a statement of the aggregate cash price of all items shall satisfy this requirement;
(6) the total of initial payments paid or required at or before consummation of the rental-purchase agreement or delivery of the goods, whichever is later;
(7) a statement that the total amount of payments does not include other charges or fees and a statement of all other charges or fees;
(8) a statement clearly summarizing the terms of the consumer's option to purchase, including a statement that the consumer has the right to exercise an early purchase option, and the price, formula or method for determining the early purchase price;
(9) a statement identifying the party responsible for maintaining or servicing the goods while they are being rented, together with a description of that responsibility and a statement that if any part of a manufacturer's express warranty covers the goods at the time the consumer acquires ownership of them, it shall be transferred to the consumer, if allowed by the terms of the warranty;
(10) a statement that the consumer may terminate the rental-purchase agreement without penalty by voluntarily surrendering or returning the goods in good repair, reasonable wear and tear excepted, along with any past due rental payments upon expiration of any rental period;
(11) notice of the right to reinstate a rental-purchase agreement, as provided in the Rental-Purchase Agreement Act; and
(12) the following notice printed or typed in a size equal to at least ten-point bold type:
"NOTICE TO THE CONSUMER
Do not sign this agreement before you read it or if it contains blank spaces. You are entitled to a copy of the agreement you sign."
B. With respect to matters governed by the federal Consumer Credit Protection Act, 15 U.S.C. Sections 1601 et seq., compliance with that act satisfies the requirements of this section.
History:
Laws 1995, ch. 38, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-6 - Prohibited provisions.

A rental-purchase agreement shall not contain:
A. a confession of judgment;
B. a negotiable instrument;
C. a security interest or any other claim of a property interest in any property of the consumer;
D. a wage assignment;
E. a waiver by the consumer of claims or defenses;
F. a provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the consumer's premises unlawfully or to commit any breach of the peace in the repossession of goods;
G. a provision requiring the purchase of insurance or a liability damage waiver from the lessor for goods that are the subject of the rental-purchase agreement;
H. a provision that mere failure to return goods constitutes probable cause for a criminal action;
I. a provision requiring the consumer to make a payment in addition to regular periodic payments in order to acquire ownership of the goods or a provision requiring the consumer to make periodic payments totaling more than the dollar amount necessary to acquire ownership as disclosed pursuant to Section 5 [57-26-5 NMSA 1978] of the Rental-Purchase Agreement Act;
J. a provision for more than one reinstatement fee on any one periodic payment, regardless of the period of time during which it remains unpaid; or
K. a provision for a late charge or any other type of charge or penalty for reinstating a rental-purchase agreement, other than a reinstatement fee; however, a lessor may use the term "late charge" or a similar term to refer to a reinstatement fee.
History:
Laws 1995, ch. 38, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-7 - Reinstatement.

A. A consumer who fails to make a timely rental payment may reinstate the rental-purchase agreement without losing any rights or options that exist under the agreement by the payment of the following charges within five days of the renewal date of an agreement with monthly periodic payments or within two days of the renewal date of an agreement requiring periodic payments more frequently than monthly:
(1) all past due rental charges;
(2) if the goods have been picked up, the reasonable costs of pickup and redelivery; and
(3) any applicable reinstatement fee.
B. If a consumer has paid less than two-thirds of the total of payments necessary to acquire ownership of the goods and has returned or voluntarily surrendered the goods within seven days of the renewal date, other than through judicial process, the consumer may reinstate the rental-purchase agreement during a period of not less than twenty-one days after the date of the return of the goods.
C. If a consumer has paid two-thirds or more of the total of payments necessary to acquire ownership of the goods and has returned or voluntarily surrendered the goods within seven days of the renewal date, other than through judicial process, the consumer may reinstate the rental-purchase agreement during a period of not less than thirty days after the date of the return of the goods.
D. Nothing in this section shall prevent a lessor from attempting to repossess property during the reinstatement period, but such a repossession shall not affect the consumer's right to reinstate. Upon reinstatement, the lessor shall provide the consumer with the same goods, if available, or with substitute goods of comparable quality and condition.
History:
Laws 1995, ch. 38, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-9 - Renegotiations and extensions.

A. A renegotiation occurs when any term of a rental-purchase agreement that is required to be disclosed by Section 5 [57-26-5 NMSA 1978] of the Rental-Purchase Agreement Act is changed by agreement between the lessor and consumer. A renegotiation creates a new rental-purchase agreement requiring the lessor to give all the disclosures required by Section 5 of the Rental-Purchase Agreement Act.
B. A renegotiation shall not include:
(1) reinstatement of a rental-purchase agreement in accordance with Section 7 [57-26-7 NMSA 1978] of the Rental-Purchase Agreement Act;
(2) a lessor's waiver or failure to assert any claim against the consumer;
(3) a deferral, extension or waiver of a portion of a periodic payment or of one or more periodic payments; or
(4) a change, made at the consumer's request, of the day of the week or month on which periodic payments are to be made.
History:
Laws 1995, ch. 38, § 9.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-10 - Advertising.

A. An advertisement that refers to or states the dollar amount of a periodic payment and the right to acquire ownership of a specific item shall also clearly and conspicuously state:
(1) that the transaction advertised is a rental-purchase agreement;
(2) the total number and total amount of periodic payments necessary to acquire ownership of the item; and
(3) that the consumer acquires no ownership rights in the item unless the total amount necessary to acquire is paid.
B. Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated shall not be liable for failure to comply with the provisions of this section.
C. The provisions of Subsection A of this section shall not apply to an advertisement that does not refer to or state the amount of any payment or that is published in the yellow pages of a telephone directory or in any similar directory of business.
D. Every item displayed or offered under a rental-purchase agreement shall bear a tag or card that clearly and conspicuously indicates in Arabic numerals each of the following:
(1) the cash price of the item;
(2) the amount of the periodic payment; and
(3) the total number and total amount of periodic payments necessary to acquire ownership.
E. An advertisement in any language other than English shall contain disclosures as required by this section in the non-English language.
History:
Laws 1995, ch. 38, § 10.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-11 - Enforcement; remedies; limitations.

A. A lessor who fails to comply with the requirements of the Rental-Purchase Agreement Act is liable to the consumer damaged thereby in an amount equal to:
(1) the greater of the actual damages sustained by the consumer as a result of the lessor's failure to comply or twenty-five percent of the total of payments necessary to acquire ownership, but not less than one hundred dollars ($100) or more than one thousand dollars ($1,000); and
(2) the costs of the action and reasonable attorneys' fees as determined by the court.
B. A consumer may not take any action to offset the amount for which a lessor is potentially liable under Subsection A of this section against any amount owed by the consumer, unless the amount of the lessor's liability has been determined by judgment of a court of competent jurisdiction in an action in which the lessor was a party. This subsection does not bar a consumer then in default on an obligation from asserting a violation of the Rental-Purchase Agreement Act as an original action or as a defense or counterclaim to an action brought by a lessor against the consumer.
C. The remedies of a consumer, pursuant to the provisions of this section, are in addition to any other rights or remedies available to a consumer pursuant to applicable laws or regulations.
D. No action under this section may be brought in any court of competent jurisdiction more than one year after the date the consumer made his last rental payment or more than one year after the date of the occurrence of the violation that is the subject of the suit, whichever is later.
History:
Laws 1995, ch. 38, § 11.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 26 - Rental-Purchase Agreements › Section 57-26-12 - Lessor's defenses.

A. If a lessor establishes by a preponderance of evidence that a violation of the Rental-Purchase Agreement Act was unintentional or the result of a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid such errors, the lessor shall not be subject to the provisions of Section 11 [57-26-11 NMSA 1978] of the Rental-Purchase Agreement Act and the validity of the transaction is not affected. Examples of bona fide errors are clerical errors, calculation errors, errors due to unintentionally improper computer programming or data entry and printing errors, but do not include errors of legal judgment with respect to a lessor's obligations under the Rental-Purchase Agreement Act.
B. A lessor is not subject to the provisions of Section 11 of the Rental-Purchase Agreement Act if, within sixty days after discovering a failure to comply with a requirement of the Rental-Purchase Agreement Act and prior to the institution of an action for noncompliance and prior to the receipt of written notice of the noncompliance from the consumer, the lessor notifies the consumer of the noncompliance and makes whatever adjustments in the appropriate account are necessary to correct the noncompliance.
C. No provision of Section 11 of the Rental-Purchase Agreement Act applies to any action done or omitted in good faith in conformity with some provision of that act, notwithstanding that after the action or omission has occurred the provision is amended, rescinded or determined by judicial or other competent authority to be invalid for any reason.
History:
Laws 1995, ch. 38, § 12.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 27 - Assistive Device Lemon Law › Section 57-27-1 - Short title.

This act [57-27-1 to 57-27-5 NMSA 1978] may be cited as the "Assistive Device Lemon Law".
History:
Laws 1998, ch. 29, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 27 - Assistive Device Lemon Law › Section 57-27-4 - Attorney general rules; arbitration.

The attorney general may adopt and promulgate rules necessary to carry out the provisions of the Assistive Device Lemon Law, including rules concerning arbitration of disputes arising from nonconforming assistive devices and failures to comply with the Assistive Device Lemon Law.
History:
Laws 1998, ch. 29, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 27 - Assistive Device Lemon Law › Section 57-27-5 - Consumer rights; actions; treble damages.

A. This section shall not be construed to limit rights and remedies available to a consumer under any other law.
B. In addition to pursuing any other remedy, a consumer may bring an action to recover actual damages or the sum of one hundred dollars ($100), whichever is greater. Where the trier of fact finds that the party charged with a violation of the Assistive Device Lemon Law has willfully engaged in the violation, the court may award up to three times actual damages or three hundred dollars ($300), whichever is greater, to the party complaining of the violation.
C. The court shall award attorney fees and costs to the party complaining of a violation of the Assistive Device Lemon Law if he prevails. The court shall award attorney fees and costs to the party charged with a violation of the Assistive Device Lemon Law if it finds that the party complaining of the violation brought an action that was an action that is frivolous or brought in bad faith.
D. In any class action filed under this section, the court may award damages to the named plaintiffs as provided in Subsection B of this section and may award members of the class such actual damages as were suffered by each member of the class as a result of a violation of the Assistive Device Lemon Law.
History:
Laws 1998, ch. 29, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-1 - Short title.

Chapter 57, Article 28 NMSA 1978 may be cited as the "Prompt Payment Act".
History:
Laws 2001, ch. 68, § 1; 2007, ch. 213, § 1.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the title of the act from the "Retainage Act" to the "Prompt Payment Act" and the statutory reference to the act.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-2 - Definitions

As used in the Prompt Payment Act:
A. "construction" means building, altering, repairing, installing or demolishing in the ordinary course of business any:
(1) road, highway, bridge, parking area or related project;
(2) building, stadium or other structure;
(3) airport, subway or similar facility;
(4) park, trail, athletic field, golf course or similar facility;
(5) dam, reservoir, canal, ditch or similar facility;
(6) sewage or water treatment facility, power generating plant, pump station, natural gas compression station or similar facility;
(7) sewage, water, gas or other pipeline;
(8) transmission line;
(9) radio, television or other tower;
(10) water, oil or other storage tank;
(11) shaft, tunnel or other mining appurtenance;
(12) electrical wiring, plumbing or plumbing fixture, gas piping, gas appliances or water conditions;
(13) air conditioning conduit, heating or other similar mechanical work;
(14) leveling or clearing land;
(15) excavating earth;
(16) drilling wells of any type, including seismographic shot holes or core drilling; and
(17) similar work, structures or installations;
B. "contractor" means a person performing construction through a contract with an owner;
C. "owner" means a person, local public body or state agency other than the department of transportation;
D. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or similar legal entity; and
E. "subcontractor" means a person performing construction for the owner not through a contract with the owner.
History:
Laws 2001, ch. 68, § 2; 2007, ch. 213, § 2.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the title of the act and eliminates the definition of "retainage".
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-3 - Applicability of act.

The provisions of the Prompt Payment Act do not apply to construction contracts for residential property containing four or fewer dwelling units.
History:
Laws 2001, ch. 68, § 3; 2007, ch. 213, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the title of the act.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-4 - Repealed.

History:
Laws 2001, ch. 68, § 4; repealed by Laws 2007, ch. 213, § 6.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 213, § 6 repealed 57-28-4 NMSA 1978, as enacted by Laws 2001, ch. 68, § 4, relating to retainage in absence of escrow agreement, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-6 - Repealed.

History:
Laws 2001, ch. 68, § 6; repealed by Laws 2007, ch. 213, § 6.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 213, § 6 repealed 57-28-6 NMSA 1978, as enacted by Laws 2001, ch. 68, § 6, relating to escrow accounts, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-7 - Care and protection of work.

All material and work covered by partial payments become the property of the owner, but the contractor and subcontractor are not relieved from the sole responsibility for the care and protection of materials and work for which payments have been made; provided, however, the contractor and subcontractor have no duty for the care and protection of materials and work after the owner has assumed occupancy or use of the work.
History:
Laws 2001, ch. 68, § 7.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-8 - Final payment.

Ten days after certification of completion, any amounts remaining due the contractor or subcontractor under the terms of the contract shall be paid upon the presentation of the following:
A. a properly executed release and duly certified voucher for payment;
B. a release, if required, of all claims and claims of lien against the owner arising under and by virtue of the contract other than such claims of the contractor, if any, as may be specifically excepted by the contractor or subcontractor from the operation of the release in stated amounts to be set forth in the release; and
C. proof of completion.
History:
Laws 2001, ch. 68, § 8.
ANNOTATIONS
Effective dates.
— Laws 2001, ch. 68 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-9 - Repealed.

History:
Laws 2001, ch. 68, § 9; repealed by Laws 2007, ch. 213, § 6.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 213, § 6 repealed 57-28-9 NMSA 1978, as enacted by Laws 2001, ch. 68, § 9, relating to disputes, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-10 - Repealed.

History:
Laws 2001, ch. 68, § 10; repealed by Laws 2007, ch. 213, § 6.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 213, § 6 repealed 57-28-10 NMSA 1978, as enacted by Laws 2001, ch. 68, § 10, relating to failure to deposit or release retainage, effective June 15, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28 - Retainage › Section 57-28-11 - Attorney fees.

In an action to enforce the provisions of the Prompt Payment Act, the court may award court costs and reasonable attorney fees.
History:
Laws 2001, ch. 68, § 11; 2007, ch. 213, § 5.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, changed the title of the act.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 28A - Construction Contracts › Section 57-28A-1 - Construction contracts; provisions void.

A. A provision of a construction contract, agreement, understanding, specification or other documentation that is made part of a construction contract for an improvement to real property in New Mexico is void, unenforceable and against the public policy of the state if the provision:
(1) makes the construction contract subject to the laws of another state; or
(2) requires any litigation arising from the construction contract to be conducted in another state.
B. Any mediation, arbitration or other dispute resolution proceeding arising from or relating to a construction contract for work performed in this state shall be conducted in this state.
C. As used in this section, "construction contract" means a public, private, foreign or domestic contract or agreement relating to construction, alteration, repair or maintenance of any real property in New Mexico and includes agreements for architectural services, demolition, design services, development, engineering services, excavation or other improvement to real property, including buildings, shafts, wells and structures, whether on, above or under real property.
History:
Laws 2011, ch. 28, § 1.
ANNOTATIONS
Effective dates.
— Laws 2011, ch. 28, § 3 made Laws 2011, ch. 28, § 1 effective July 1, 2011.
Applicability.
— Laws 2011, ch. 28, § 2 provided that the provisions of Laws 2011, ch. 28, § 1 apply to contracts entered into on or after July 1, 2011.
Statute inapplicable to franchise agreement.
— Where plaintiff, a hotel franchisee, brought an action against the franchisor, alleging that the franchisor fraudulently induced plaintiff into entering into a franchise agreement, and where the franchisor moved to transfer the action to another state pursuant to a forum selection clause in the franchise agreement, and where plaintiff argued that 57-28A-1 NMSA 1978 voided forum selection clauses in construction contracts, the court upheld the franchise agreement's forum selection clause, holding that this section prohibits forum selection clauses in construction contracts, but the franchise agreement in this case was not a construction contract. The franchise agreement, which gave plaintiff the license to use registered trademarks, trade names and service marks, was characterized as a license agreement and not a contractor agreement, and therefore this section did not void the forum selection clause in the franchise agreement.
Presidential Hospitality, LLC v. Wyndham Hotel Group, LLC
, 333 F. Supp.3d 1179 (D. N.M. 2018).
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 29 - Pharmacies › Section 57-29-1 - Pharmacy freedom of choice.

A contract, agreement or arrangement between a pharmacy and a wholesaler, distributor or pharmacy benefit manager for the provision of prescription drugs for resale shall not include a provision requiring the pharmacy to enter into any other contract, agreement or arrangement with the contracting wholesaler, distributor or pharmacy benefit manager to purchase prescription drugs on different terms.
History:
Laws 2002, ch. 75, § 5 and Laws 2002, ch. 80, § 5.
ANNOTATIONS
Cross references.
— For pharmacies and the sale of drugs,
see
61-11-15 NMSA 1978.
Compiler's notes.
— Laws 2002, ch. 75, § 5 and Laws 2002, ch. 80, § 5 enacted identical new sections of the law, effective May 15, 2002. The section was set out as enacted by Laws 2002, ch. 80, § 5.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 30 - Sale of Recycled Metals › Section 57-30-1 - Short title.

Chapter 57, Article 30 NMSA 1978 may be cited as the "Sale of Recycled Metals Act".
History:
Laws 2008, ch. 29, § 1; 2012, ch. 29, § 1; 2012, ch. 33, § 1.
ANNOTATIONS
The 2012 amendment,
effective July 1, 2012, changed the statutory reference to the act and at the beginning of the sentence, deleted "This act" and added "Chapter 57, Article 30 NMSA 1978".
Laws 2012, ch. 29, § 1 and Laws 2012, ch. 33, § 1 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 30 - Sale of Recycled Metals › Section 57-30-2.1 - Issuance of registration; period of registration.

The department is authorized to issue registrations to secondhand metal dealers that buy or sell regulated material. Original and renewed registrations shall be valid for a period of three years from the date of issuance, unless the registration is suspended or revoked.
History:
Laws 2012, ch. 29, § 13 and Laws 2012, ch. 33, § 13.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 13 effective July 1, 2012.
Compiler's notes.
— Laws 2012, ch. 29, § 13 and Laws 2012, ch. 33, § 13 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 13.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 30 - Sale of Recycled Metals › Section 57-30-2.2 - Secondhand metal dealers; registration required; application; fee.

A. A secondhand metal dealer shall not buy or sell regulated material without a valid registration issued by the department.
B. An application for registration shall be completed, under penalty of perjury, on a form designed and provided by the department and shall include:
(1) the full name and business address of the applicant;
(2) a list of all locations at which the applicant engages or will engage in the business of buying or selling regulated material; and
(3) any other information the department may require by rule.
C. An application for registration or for renewal of a registration shall be accompanied by a nonrefundable application fee in an amount not to exceed twenty-five dollars ($25.00).
History:
Laws 2012, ch. 29, § 14 and Laws 2012, ch. 33, § 14.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 14 effective July 1, 2012.
Compiler's notes.
— Laws 2012, ch. 29, § 14 and Laws 2012, ch. 33, § 14 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 14.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 30 - Sale of Recycled Metals › Section 57-30-2.3 - Duties of secondhand metal dealers.

A. A secondhand metal dealer shall:
(1) maintain a valid registration, issued by the department, and comply with the requirements of the Sale of Recycled Metals Act and rules promulgated pursuant to that act;
(2) comply with all federal requirements for scrap metal dealers, including maintaining storm water permits;
(3) register for the metal theft alert system, maintained by the institute of scrap recycling industries or its successor organization; and
(4) keep all employees who are involved in the purchasing or receiving of regulated material apprised of alerts received on theft of regulated material in the geographic area.
B. A secondhand metal dealer who becomes aware that the dealer is in possession of regulated material that was stolen or unlawfully obtained shall not remove the material from the dealer's premises and shall report the same to a local law enforcement agency within twenty-four hours.
History:
Laws 2012, ch. 29, § 15 and Laws 2012, ch. 33, § 15.
ANNOTATIONS
Effective dates.
— Laws 2012, ch. 33, § 17 made Laws 2012, ch. 33, § 15 effective July 1, 2012.
Compiler's notes.
— Laws 2012, ch. 29, § 15 and Laws 2012, ch. 33, § 15 enacted identical new sections. The section was set out as enacted by Laws 2012, ch. 33, § 15.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 30 - Sale of Recycled Metals › Section 57-30-3 - Notice to sellers.

A. A secondhand metal dealer shall at all times maintain in a prominent place in the dealer's place of business, in open view to a seller of regulated material, a notice in two-inch lettering that:
(1) includes the following language:
"A PERSON ATTEMPTING TO SELL REGULATED MATERIAL MUST PRESENT SUFFICIENT IDENTIFICATION AS REQUIRED BY STATE LAW.
WARNING: STATE LAW PROVIDES A CIVIL FINE FOR A PERSON WHO INTENTIONALLY PROVIDES A FALSE DOCUMENT OF IDENTIFICATION OR OTHER FALSE INFORMATION TO A SECONDHAND METAL DEALER WHILE ATTEMPTING TO SELL REGULATED MATERIAL."; and
(2) states the secondhand metal dealer's usual business hours.
B. The notice required by this section may be contained on a sign that contains another notice if the secondhand metal dealer is required to display another notice pursuant to applicable law.
History:
Laws 2008, ch. 29, § 3.
ANNOTATIONS
Effective dates.
— Laws 2008, ch. 29, § 16 made the Sale of Recycled Metals Act effective January 1, 2009.
Applicability.
— Laws 2008, ch. 29, § 15 provided that the provisions of the Sale of Recycled Metals Act shall not apply to a purchase of regulated material from a manufacturing, industrial or other commercial vendor that sells regulated material in the ordinary course of the vendor's business.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 30 - Sale of Recycled Metals › Section 57-30-4 - Information provided by seller.

A. A person attempting to sell regulated material to a secondhand metal dealer shall:
(1) display to the secondhand metal dealer the person's personal identification document;
(2) sign a written statement provided by the secondhand metal dealer that the person is the legal owner of or is lawfully entitled to sell the regulated material offered for sale;
(3) provide to the secondhand metal dealer the year, make, model and license plate number of the motor vehicle used to transport the regulated material; and
(4) allow the secondhand metal dealer to take a photograph of the seller and the regulated material.
B. The secondhand metal dealer or the dealer's agent shall visually verify the accuracy of the personal identification document and vehicle identification presented by the seller at the time of the dealer's purchase of regulated material.
History:
Laws 2008, ch. 29, § 4; 2012, ch. 29, § 3; 2012, ch. 33, § 3.
ANNOTATIONS
The 2012 amendment,
effective July 1, 2012, required the seller to permit the secondhand metal dealer to photograph the seller and the regulated material, and in Subsection A, added Paragraph (4).
Laws 2012, ch. 29, § 3 and Laws 2012, ch. 33, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2012, ch. 33, § 3.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 30 - Sale of Recycled Metals › Section 57-30-5 - Record of purchase.

A. A secondhand metal dealer in this state shall keep an accurate and legible written record, in a form approved by the department, of each purchase made in the course of the dealer's business of:
(1) copper or brass material;
(2) bronze material;
(3) lead material;
(4) aluminum material in excess of ten pounds; or
(5) steel material in excess of one ton, except that a written record shall be kept of each purchase of a stainless steel beer keg.
B. The record shall be in English and shall include:
(1) the place and date of the purchase;
(2) the name and address of each person from whom the regulated material is purchased or obtained;
(3) the identifying number of the personal identification document of each person from whom the regulated material is purchased or obtained;
(4) the year, make, model and license plate number of the motor vehicle used to transport the regulated material;
(5) a description made in accordance with the custom of the trade of the type and quantity of regulated material purchased;
(6) the statement required by Paragraph (2) of Subsection A of Section 57-30-4 NMSA 1978; and
(7) the written documentation required for certain transactions pursuant to Section 57-30-2.4 NMSA 1978, if applicable.
C. A secondhand metal dealer may take a digital photograph, with a date and time stamp, of:
(1) the seller of the regulated material; and
(2) the regulated material in the form in which it was purchased or obtained by the secondhand metal dealer.
History:
Laws 2008, ch. 29, § 5; 2012, ch. 29, § 4; 2012, ch. 33, § 4; 2016, ch. 51, § 2.
ANNOTATIONS
The 2016 amendment,
effective May 18, 2016, amended the Sale of Recycled Metals Act to include "lead material"; in Subsection A, added new Paragraph (3) and redesignated the succeeding paragraphs accordingly; and in Subsection B, Paragraph (7), after "Section", deleted "16 of this 2012 act" and added "57-30-2.4 NMSA 1978".
The 2012 amendment,
effective July 1, 2012, required secondhand metal dealers to maintain written documentation indicating that the seller is the owner of or has permission from the owner to sell certain regulated material; authorized secondhand metal dealers to take photographs of sellers and the regulated material; in Subsection A, after "dealer's business", deleted "from a person"; in Subsection B, added Paragraph (7); and added Subsection C.