reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-28 - Duties of the board; authority of the director.

A. The board is responsible for the administration and enforcement of the provisions of the Petroleum Products Standards Act. The board shall adopt rules and regulations necessary to administer and enforce the provisions of that act. The board shall provide public notice and allow public comment on all proposed rules and regulations.
B. The director shall have the authority to:
(1) inspect, investigate, analyze and take appropriate actions to administer and enforce the provisions of the Petroleum Products Standards Act;
(2) enter any commercial premises from which petroleum products are offered for sale during normal business hours. If the premises are not open to the public, the director shall present the director's credentials and enter only with consent from the commercial entity. If no consent is given, the director shall obtain a search warrant;
(3) collect or cause to be collected samples of petroleum products offered for sale and cause such samples to be tested or analyzed to determine if they are in compliance with the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(4) issue and enforce stop-sale, hold and removal orders with respect to a petroleum product kept, offered or exposed for sale in violation of the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(5) require distributors and retailers to retain records pertaining to petroleum product purchases and sales for a period of not more than one year;
(6) maintain and operate a petroleum product testing laboratory to ensure that all petroleum products offered for sale in New Mexico meet standards prescribed in the Petroleum Products Standards Act and regulations adopted pursuant to that act;
(7) issue and enforce stop-use orders for measuring equipment or vehicle tanks that are used commercially and that do not conform to the provisions of the Petroleum Products Standards Act and regulations adopted pursuant to that act; and
(8) delegate to authorized representatives any of the responsibilities for the proper administration of the Petroleum Products Standards Act.
C. If in consultation with the secretary of energy, minerals and natural resources and pursuant to regular, periodic monitoring, the director determines that sufficient amounts of biodiesel are not available to meet the requirements of Section 57-19-29 NMSA 1978 or that the price of the biodiesel blend significantly exceeds the price of diesel fuel for at least two months, the director shall suspend those requirements for a period of up to six months.
History:
Laws 1993, ch. 98, § 4; 2007, ch. 208, § 2.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsection C.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-29 - Quality standards.

A. Unless modified by regulation of the board, the quality standards, tests and methods of conducting analyses on petroleum products manufactured, kept, stored, sold or offered for sale in New Mexico shall be those last adopted and published by the American society for testing and materials or the society of automotive engineers and shall be used to determine compliance with the Petroleum Products Standards Act and regulations adopted pursuant to that act. In the absence of a petroleum product quality standard, test or method from the American society for testing and materials or the society of automotive engineers, the board may adopt a regulation that establishes a quality standard, test or method to conduct analyses on petroleum products.
B. After July 1, 2010 and before July 1, 2012, all diesel fuel sold to state agencies, political subdivisions of the state and public schools for use in motor vehicles on the streets and highways of this state shall contain five percent biodiesel, except that this standard may be temporarily suspended by the director in accordance with Section 57-19-28 NMSA 1978.
C. On or after July 1, 2012, all diesel fuel sold to consumers for use in motor vehicles on the streets and highways of this state shall contain five percent biodiesel, except that this standard may be temporarily suspended by the director in accordance with Section 57-19-28 NMSA 1978.
History:
Laws 1993, ch. 98, § 5; 2007, ch. 208, § 3.
ANNOTATIONS
The 2007 amendment,
effective June 15, 2007, added Subsections B and C.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-30 - Inspection of measuring devices.

A. The director shall inspect all equipment used commercially in measuring or dispensing petroleum products in the state. The director shall ascertain that all such equipment is correct and accurate. The specifications, tolerances and other requirements for equipment used commercially in measuring petroleum products shall be set by regulations adopted by the board.
B. No person shall refuse to permit the director or his authorized representative to inspect, test and seal as necessary any commercial device designed to measure and dispense petroleum products. No person shall break the seal without permission from the director or his authorized representative. A broken seal on a commercial device designed to measure or dispense petroleum products shall be prima facie evidence of a violation of the Petroleum Products Standards Act.
History:
Laws 1993, ch. 98, § 6.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-31 - Inspection and certification of vehicle tanks used as measures.

A. The director shall establish calibration stations to inspect, measure and calibrate the capacity of a vehicle tank used as a measure to deliver petroleum products in New Mexico. The director shall determine where to locate the stations.
B. The owner or operator of a vehicle tank used as a measure to deliver petroleum products in the state shall notify the director before he uses the vehicle tank, and the director shall set a time to inspect and calibrate the vehicle tank at a calibration station. The director may accept calibration certificates from other agencies.
History:
Laws 1993, ch. 98, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-32 - Labeling.

A. No person shall sell, offer for sale or permit the sale of any petroleum product unless there is firmly attached or painted on the container or dispenser from which the petroleum product is offered for sale a sign or label stating the grade or type of product being offered for sale. The sign or label shall be plainly, visibly and prominently displayed in a manner prescribed by regulation of the board.
B. The board may identify petroleum products of a special nature, composition or quality, and it may establish labeling requirements for such products.
C. A sign or label used in connection with automotive motor or lubricating oil shall include the society of automotive engineers viscosity grade classification number preceded by the letters "SAE".
History:
Laws 1993, ch. 98, § 8; 1998, ch. 20, § 1.
ANNOTATIONS
The 1998 amendment,
effective March 5, 1998, deleted "and the American petroleum institute service classification preceded by the words 'API service'" at the end of Subsection C.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-33 - Deceit; petroleum products; purchasers.

No person shall store, sell, offer or advertise for sale a petroleum product that may deceive, tends to deceive or has the effect of deceiving the purchaser of that product about the composition, grade, quantity or price of the product or that the product meets the standards prescribed by the Petroleum Products Standards Act and regulations adopted pursuant to that act.
History:
Laws 1993, ch. 98, § 9.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-35 - Money collected.

All money collected pursuant to the provisions of the Petroleum Products Standards Act shall be deposited with the board of regents of New Mexico state university for use by the department in carrying out the provisions of that act.
History:
Laws 1993, ch. 98, § 11.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-36 - Penalties; administrative procedures; appeals.

A. No person, by himself, by his servant or agent or as the servant or agent of another person shall:
(1) violate the provisions of the Petroleum Products Standards Act;
(2) violate any regulation adopted pursuant to the Petroleum Products Standards Act; or
(3) misrepresent a petroleum product as meeting the standards of the Petroleum Products Standards Act.
B. Any person who violates Subsection A of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
C. The board shall establish a system of administrative penalties for violations of the Petroleum Products Standards Act. The administrative penalties may be assessed by the director in lieu of or in addition to other penalties provided by statute. In establishing the system of administrative penalties, the board, after public notice and public hearing, shall adopt rules that meet the following minimum requirements:
(1) the maximum amount of any administrative penalty shall not exceed one thousand dollars ($1,000) for any one violation of the Petroleum Products Standards Act by any person;
(2) violations for which administrative penalties may be assessed shall be clearly defined, along with a scale of administrative penalties relating the amount of the administrative penalty to the severity and frequency of the violation;
(3) provisions shall be included for due process, including proper notification of administrative proceedings, right to discovery of charges and evidence and appeal procedures; and
(4) prior to assessing administrative penalties pursuant to the provisions of the Petroleum Products Standards Act, the department shall comply with Paragraphs (2) and (3) of this subsection.
D. Appeals from decisions of the director regarding the assessment of an administrative penalty shall be to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
Laws 1993, ch. 98, § 12; 1998, ch. 55, § 51; 1999, ch. 265, § 54.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1" in Subsection D.
The 1998 amendment,
effective September 1, 1998, in Subsection B, substituted "is" for "shall be"; in Subsection C, substituted "rules" for "regulations"; and rewrote Subsection D.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-37 - Injunction.

A. In order to ensure compliance with, and in order to enforce the provisions of, the Petroleum Products Standards Act the director may apply to a court of competent jurisdiction to have a person enjoined from engaging in a practice prohibited by that act.
B. Upon application to a court for the issuance of an injunction against a person who is not complying with the provisions of the Petroleum Products Standards Act, the court may issue an order to restrain the person temporarily from engaging in the prohibited practice. The court shall hear the matter and, upon a preponderance of the evidence that the person is not complying with the provisions of the Petroleum Products Standards Act, the court shall enjoin the person from engaging in the prohibited practice.
History:
Laws 1993, ch. 98, § 13.
ANNOTATIONS
Severability clauses.
— Laws 1993, ch. 98, § 15 provided for the severability of the act if any part or application thereof is held invalid.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19 - Petroleum Products › Section 57-19-38 - Aversive or bittering agent in engine coolant and antifreeze; liability limitation; exceptions; penalty.

A. Engine coolant or antifreeze sold in this state after January 1, 2006 that is manufactured after July 1, 2005 and that contains more than ten percent ethylene glycol shall include denatonium benzoate at a minimum of thirty parts per million and a maximum of fifty parts per million as an aversive or bittering agent within the product so as to render it unpalatable. A manufacturer or packager of engine coolant or antifreeze subject to the provisions of this section shall maintain a record of the trade name, scientific name and active ingredients of an aversive or bittering agent used pursuant to this section. Information and documentation maintained pursuant to this section shall be furnished to a member of the public upon request.
B. The requirements of this section apply only to manufacturers, packagers, distributors, recyclers or sellers of engine coolant or antifreeze.
C. A manufacturer, packager, distributor, recycler or seller of engine coolant or antifreeze that is required to contain an aversive or bittering agent pursuant to this section is not liable to any person for personal injury, death, property damage, damage to the environment or natural resources or economic loss that results from the inclusion of denatonium benzoate in engine coolant or antifreeze.
D. The limitation on liability provided in Subsection B of this section is only applicable if denatonium benzoate is included in engine coolant or antifreeze in the concentrations mandated by this section. The limitation on liability provided in Subsection B of this section does not apply to a particular liability to the extent that the cause of that liability is unrelated to the inclusion of denatonium benzoate in engine coolant or antifreeze.
E. No political subdivision of this state shall have authority to establish or continue in effect a prohibition, limitation, standard or other requirement relating to the inclusion of an aversive or bittering agent in engine coolant or antifreeze, with respect to retail containers containing less than fifty-five gallons of engine coolant or antifreeze, which is different from, or in addition to, the provisions of this section.
F. The provisions of this section do not apply to the sale of a motor vehicle that contains engine coolant or antifreeze.
G. The New Mexico department of agriculture has the authority to inspect, investigate, analyze and take appropriate actions to administer and enforce the provisions of this section.
H. A person who violates the provisions of this section is guilty of a petty misdemeanor and shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978.
History:
Laws 2005, ch. 62, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 62 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19A - Petroleum Products Fair Trade Practices › Section 57-19A-1 - Short title.

Sections 1 through 9 [57-19A-1 to 57-19A-9 NMSA 1978] of this act may be cited as the "Petroleum Products Fair Trade Practices Act".
History:
Laws 1991, ch. 243, § 1.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19A - Petroleum Products Fair Trade Practices › Section 57-19A-2 - Definitions.

As used in the Petroleum Products Fair Trade Practices Act:
A. "person" includes natural persons, corporations, trusts, partnerships, associations, cooperative associations, clubs, companies, firms, joint ventures or syndicates; and
B. "petroleum product" includes liquid fuels, lubricating oils, greases and similar products.
History:
Laws 1991, ch. 243, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19A - Petroleum Products Fair Trade Practices › Section 57-19A-3 - Imitation of design, symbol or trademark.

No person shall knowingly disguise or camouflage his equipment by imitating the design, symbol or trade name under which recognized brands of petroleum products are generally marketed, and no person shall deceive any purchaser of the kind, quality or brand of petroleum products sold or offered for sale.
History:
Laws 1991, ch. 243, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19A - Petroleum Products Fair Trade Practices › Section 57-19A-4 - Pumps and containers for storage or sale; improper marking.

No person shall knowingly possess or use a pump, tank, container or other device or equipment to store, keep, expose for sale, offer for sale or sell any petroleum product other than that manufactured, sold or distributed by the person whose name, trademark or trade name is affixed to the pump, tank, container or other device or equipment.
History:
Laws 1991, ch. 243, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19A - Petroleum Products Fair Trade Practices › Section 57-19A-5 - Adulteration or blending of products sold under different names.

No person shall knowingly expose or offer for sale or sell a petroleum product of a manufacturer or distributor that has been mixed, blended or compounded with the products of other manufacturers or distributors under the trade name, trademark or name or other distinguishing mark of either of the manufacturers or distributors or as the unadulterated product of a manufacturer or distributor. Nothing in this section shall prevent the lawful owner from applying his own trademark, trade name or symbol to any product or material.
History:
Laws 1991, ch. 243, § 5.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19A - Petroleum Products Fair Trade Practices › Section 57-19A-6 - Adulteration of [or] blending of products sold under same name.

No person shall knowingly expose for sale, offer for sale or sell any petroleum product as a[n] unadulterated product of a manufacturer or distributor or as the unadulterated product of any other manufacturer or distributor if it has been mixed, blended, compounded or adulterated with a petroleum product of the same manufacturer or distributor that is of a different quality or character from the quality or character of the other petroleum products. Nothing in this section shall prevent the lawful owner of a petroleum product from applying his own trademark, trade name or symbol to any product or material.
History:
Laws 1991, ch. 243, § 6.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19A - Petroleum Products Fair Trade Practices › Section 57-19A-7 - Mislabeling.

No person shall knowingly aid or assist any other person in depositing or delivering into any tank, pump, receptacle or other container or distributing device any petroleum product other than the petroleum product that is intended to be stored in the tank, pump, receptacle or other container or distributing device as indicated by the name of the manufacturer or distributor or by the trademark, trade name or other distinguishing mark of the product displayed on the tank, pump, receptacle or other container or distributing device.
History:
Laws 1991, ch. 243, § 7.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 19A - Petroleum Products Fair Trade Practices › Section 57-19A-8 - Private remedies.

A. A person damaged by a violation of the provisions of the Petroleum Products Fair Trade Practices Act may be granted an injunction under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits or intent to deceive or take unfair advantage of any person is not required.
B. The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this state.
History:
Laws 1991, ch. 243, § 8.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 20 - Beverage Containers › Section 57-20-2 - Definitions.

As used in the Beverage Container Act:
A. "beverage" means beer or other malt beverages, fruit juice, vegetable juice and mineral waters, soda water and similar carbonated soft drinks, in liquid form and intended for human consumption; and
B. "beverage container" means the individual, separate, metal can containing a beverage.
History:
Laws 1981, ch. 289, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 20 - Beverage Containers › Section 57-20-3 - Metal beverage containers; pull tabs; penalty.

A. On and after January 1, 1983, it is unlawful for any person to sell or offer for sale at retail within New Mexico any metal beverage container designed and constructed with a metal opening device that detaches from the container when the container is opened in a manner normally used to empty the contents of the container.
B. Any person violating the provisions of Subsection A of this section is guilty of a misdemeanor and shall be fined not less than fifty dollars ($50.00) nor more than one hundred dollars ($100) provided, however, that no penalty shall be imposed on a retailer who sells or offers to sell any beverage container acquired by the retailer prior to January 1, 1983.
History:
Laws 1981, ch. 289, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 21 - Advertisement of Health Care Services › Section 57-21-1 - Purpose of act.

The purpose of this act [57-21-1 to 57-21-3 NMSA 1978] is to protect the health and welfare of the people of New Mexico.
History:
Laws 1983, ch. 79, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
61 Am. Jur. 2d Physicians, Surgeons, and Other Healers §§ 141 to 143.
70 C.J.S. Physicians, Surgeons, and Other Health-Care Providers §§ 55, 56.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 21 - Advertisement of Health Care Services › Section 57-21-2 - Definition.

As used in this act [57-21-1 to 57-21-3 NMSA 1978], "health care practitioner" means anyone licensed or certified to provide health care services in this state and includes but is not limited to nurses, physicians, dentists, osteopaths, chiropractors, optometrists, podiatrists, acupuncturists, psychiatrists, psychologists and physical therapists; provided that "health care practitioner" shall not include anyone licensed to provide health care services in this state who employs ten or more physicians.
History:
Laws 1983, ch. 79, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 21 - Advertisement of Health Care Services › Section 57-21-3 - Advertising requirements; penalty.

A. Any health care practitioner advertising services to the public shall state in the advertisement his name, address or telephone number and the designation of the profession in which he is licensed or certified to practice.
B. Anyone violating the provisions of Subsection A of this section is guilty of a misdemeanor.
History:
Laws 1983, ch. 79, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-1 - Short title.

Chapter 57, Article 22 NMSA 1978 may be cited as the "Charitable Solicitations Act".
History:
Laws 1983, ch. 140, § 1; 1999, ch. 124, § 1.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "Chapter 57, Article 22 NMSA 1978" for "This act", and deleted "Organizations and" preceding "Solicitations Act".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
60 Am. Jur. 2d Peddlers, Solicitors, and Transient Dealers §§ 21, 23, 26 et seq.
Validity, as for a charitable purpose, of trust for publication or distribution of particular books or writings, 34 A.L.R.4th 419.
Lack of consideration as barring enforcement of promise to make charitable contribution or subscription - modern cases, 86 A.L.R.4th 241.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-2 - Purpose.

The purpose of the Charitable Solicitations Act is to authorize the attorney general to monitor, supervise and enforce the charitable purposes of charitable organizations and regulate professional fundraisers operating in this state.
History:
Laws 1983, ch. 140, § 2; 1999, ch. 124, § 2.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted the introductory language which read "Whereas charitable organizations which have been granted tax exempt status are required to serve the public interest", deleted "Organizations and" preceding "Solicitations Act", deleted "those" following "purposes of", and inserted "and regulate professional fundraisers".
Role of attorney general.
— The attorney general is not limited to regulating professional fund raisers; it is also authorized to monitor, supervise, and enforce charitable purposes of charitable organizations.
The Coulston Found. v. Madrid
, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
The Coulston foundation is subject to Charitable Solicitations Act.
The Coulston Found. v. Madrid
, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
Federal law does not preempt operation of Act
against the foundation.
The Coulston Found. v. Madrid
, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
Where the foundation does not point to any language in any federal statute expressly displacing the Charitable Solicitations Act, and the foundation has failed to demonstrate Congress' intent to preempt the field covered by the act, the foundation's argument that the act does not apply to it is rejected and the district court had subject matter jurisdiction to enforce the civil investigative demands.
The Coulston Found. v. Madrid
, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-4 - Application of act.

A. The Charitable Solicitations Act shall not apply to a religious organization, even if it is a charitable organization.
B. Exempt from the registration and reporting requirements of the Charitable Solicitations Act are:
(1) educational institutions and organizations defined in Section 6-5A-1 NMSA 1978; and
(2) persons soliciting for an individual or group that has suffered a medical or other catastrophe and:
(a) the individual or group is identified by name at the time of the solicitation;
(b) the purpose for the solicited contribution is clearly stated; and
(c) the gross contributions collected, without any deductions for or by the solicitor or any other person, are deposited directly to an account in the name of the individual or group in a local federally insured financial institution established for that sole purpose and solely used for the direct benefit of the named individual or group as beneficiary.
C. The Charitable Solicitations Act shall apply to charitable organizations and professional fundraisers.
History:
Laws 1983, ch. 140, § 4; 1999, ch. 124, § 4.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, rewrote this section to the extent that a detailed comparison is impracticable.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-5 - Attorney general to maintain register of charitable organizations as public record.

The attorney general shall establish and maintain a register of all documents filed by charitable organizations in accordance with the Charitable Solicitations Act. The register shall be open to public inspection except that the attorney general may withhold from public inspection documents or information obtained in the course of an investigation undertaken pursuant to the provisions of that act or that otherwise may be withheld from public inspection by law.
History:
Laws 1983, ch. 140, § 5; 1999, ch. 124, § 5.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, in the first sentence, deleted "Organizations and" preceding "Solicitations Act" and, in the second sentence, substituted "that" for "which" preceding "otherwise may be withheld".
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-6.1 - Professional fundraisers; registration.

A. Professional fundraisers shall, before entering into a contract with any charitable organization, except a religious organization, to solicit for or on its behalf:
(1) register with the attorney general on a form provided by the attorney general;
(2) file with the attorney general a surety bond pursuant to the Charitable Solicitations Act; and
(3) file with the attorney general a copy of the intended written contract between the professional fundraiser and the charitable organization on whose behalf the professional fundraiser intends to conduct a solicitation campaign.
B. The contract between the professional fundraiser and the charitable organization shall clearly describe the:
(1) compensation and authority of the professional fundraiser;
(2) solicitation campaign;
(3) location and telephone numbers from where solicitations are intended to be conducted;
(4) list of names and addresses of all employees, agents or other persons who are to solicit during the campaign; and
(5) copies of the solicitation literature, including scripts of any written or verbal solicitation.
C. The charitable organization on whose behalf the professional fundraiser is acting shall certify that the contract and solicitation materials filed with the attorney general are true and complete.
D. Within ten business days after receiving a registration pursuant to this section, the attorney general shall notify the professional fundraiser of any deficiencies in the registration, contract or bond; otherwise the filing is deemed approved as filed.
E. A professional fundraiser who fails to register with the attorney general may be assessed a late registration fee of five hundred dollars ($500).
History:
Laws 1999, ch. 124, § 12.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 12 effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-6.2 - Professional fundraisers; bond.

A professional fundraiser shall file a surety bond at the time of the registration with the attorney general in an amount and on a form provided by the attorney general. The professional fundraiser shall maintain the surety bond, or alternative financial assurances approved by the attorney general, as long as the professional fundraiser solicits in the state.
History:
Laws 1999, ch. 124, § 13.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 13 effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-6.3 - General provisions; charitable organizations; professional fundraisers; prohibited practices.

A charitable organization or a professional fundraiser shall not:
A. engage in deceptive fundraising practices, meaning any false or misleading verbal or written statement, description or representation of any kind knowingly made in connection with a solicitation and that may, tends to or does deceive or mislead any person and includes:
(1) using the name or likeness of any person in solicitation literature without the express written consent of the person; provided that publication of previous contributors' names to acknowledge their contributions shall not require their express written consent;
(2) using a name, symbol or statement that is so closely related or similar to that used by another charitable organization or governmental agency that the use would tend to confuse or mislead the public; and
(3) misrepresenting, confusing or misleading any person to reasonably believe incorrectly that the contributions being solicited are or will be used for purposes, persons or programs in the state; or
B. collect or attempt to collect a contribution in person or by courier unless:
(1) the solicitation and collection or attempt to collect occur contemporaneously; or
(2) the solicitation includes the sale of goods or items and the collection or attempt to collect occurs contemporaneously with the delivery of the goods or items agreed to be purchased by the contributor.
History:
Laws 1999, ch. 124, § 14.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 14 effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-6.4 - Professional fundraiser; records and reports.

A. At least every six months, the professional fundraiser shall account in writing to the charitable organization for all contributions received and all expenses incurred under their contract. The charitable organization shall maintain a copy of the accounting of contributions and expenses for three years and make it available to the attorney general upon request.
B. All contributions of money received by the professional fundraiser shall be deposited in an account at a federally insured financial institution within two days after receipt. The account shall be established and maintained in the name of the charitable organization. Disbursements from the account shall be made upon warrants signed by an authorized representative of the charitable organization and may also be signed by the professional fundraiser.
C. The professional fundraiser shall include the following information in its accounting required by Subsection A of this section to the charitable organization:
(1) the name and address of each person contributing to the charitable organization and the date and amount of the contribution. This information shall not be publicly disclosed and shall be used only for law enforcement purposes;
(2) the name and residence address of each employee, agent or other person involved in the solicitation;
(3) the script or other instructional information provided by the charitable organization or professional fundraiser to employees, agents or other persons conducting solicitations;
(4) a record of expenses incurred by the professional fundraiser that the charitable organization paid; and
(5) the name and address of each financial institution and the account number of each account in which the professional fundraiser deposited contributions received from the solicitation.
D. The professional fundraiser and the employees of the professional fundraiser shall disclose the following in solicitations:
(1) the name of the charitable organization; and
(2) the fact that the solicitation is made by or through a professional fundraiser.
E. Every professional fundraiser and charitable organization shall have either a registered agent in the state or shall file a consent to service of process with the attorney general. The consent to service shall be in the form prescribed by the attorney general and shall be irrevocable.
History:
Laws 1999, ch. 124, § 15.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 15 effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-7 - Restriction on use of fact of filing in solicitation.

No solicitation for charitable purposes shall use the fact or requirement of registration or of the filing of any report with the attorney general pursuant to the Charitable Solicitations Act with the intent to cause or in a manner tending to cause any person to believe that the solicitation, the manner in which it is conducted, its purposes, any use to which the proceeds will be applied or the person or organization conducting it has been or will be in any way endorsed, sanctioned or approved by the attorney general or any governmental agency or office.
History:
Laws 1983, ch. 140, § 7; 1999, ch. 124, § 7.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "of funds" following "No solicitation", deleted "Organizations and" preceding "Solicitations Act", and made two stylistic changes.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-8 - Disclosure of fundraising costs.

A. All charitable organizations subject to the Charitable Solicitations Act shall disclose upon request the percentage of the funds solicited that are spent on the costs of fundraising. For purposes of this section, costs of fundraising shall include all money directly expended on fundraising and that portion of all administrative expenses and salaries of the charitable organization attributable to fundraising activities.
B. Whenever a solicitation on behalf of a charitable organization subject to the Charitable Solicitations Act is undertaken by a professional fundraiser, the professional fundraiser shall disclose that fact to prospective contributors.
History:
Laws 1983, ch. 140, § 8; 1999, ch. 124, § 8.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, deleted "Organizations and" preceding "Solicitations Act" in Subsections A and B; in Subsection B, deleted the final sentence, which read: "For purposes of this section, a professional fundraiser shall mean any individual, corporation, association or other enitity employed or retained or otherwise compensated by or on behalf of a charitable organization to solicit funds"; and made stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-9 - Authority of the attorney general.

A. The attorney general may, on behalf of the state, examine and investigate any charitable organization subject to the Charitable Solicitations Act to ascertain the conditions of its affairs and to what extent, if at all, it fails to comply with the trusts that it has assumed or if it has departed from the purposes for which it was formed. In the case of failure or departure, the attorney general may institute, in the name of the state, a proceeding necessary to correct the noncompliance or departure by any remedy available under the common law.
B. The attorney general may, in the name of the state, seek injunctive relief, civil penalties, financial accounting or restitution from any person who has failed to comply with the registration, filing or disclosure provisions of the Charitable Solicitations Act or who has otherwise violated the provisions of that act.
C. The attorney general, in the name of the state, may initiate appropriate proceedings to seek compliance with the provisions of the Charitable Solicitations Act and with any rules promulgated by the attorney general pursuant to that act. The attorney general may promulgate rules for the proper administration of that act.
D. Nothing in this section shall be construed to preclude a person or group of persons from asserting a private cause of action against a charitable organization or professional fundraiser.
History:
Laws 1983, ch. 140, § 9; 1999, ch. 124, § 9.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, rewrote Subsection B; in Subsection C, deleted "and regulations duly" preceding "promulgated", substituted "pursuant to that act" for thereunder", and added the final sentence; In Subsection D, deleted "they might have" following "cause of action", and added "or professional fundraiser"; and throughout the section, substituted "may" for "is authorized", deleted "Organizations and" following "Charitable", and made stylistic changes.
Authority to investigate and enforce are separate.
— The attorney general's authority to investigate possible violations of the Charitable Solicitations Act, and in that capacity, to issue civil investigative demands and its authority to enforce the act are two separate powers and functions.
The Coulston Found. v. Madrid
, 2004-NMCA-060, 135 N.M.667, 92 P.3d 679.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-9.2 - Exchange of information with other states.

The attorney general may exchange information obtained by the civil investigative demand with comparable authorities of other states or the federal government regarding charitable organizations, professional fundraisers and professional fundraising counsel. Information acquired by exchange with other states or the federal government shall be exempt from inspection pursuant to the Inspection of Public Records Act [Chapter 14, Article 2 NMSA 1978]. Information shall not be exchanged with comparable authorities of other states or the federal government unless the information is similarly exempt from inspection pursuant to applicable laws of such other states or the federal government.
History:
Laws 1999, ch. 124, § 17.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 124, § 18 made Laws 1999, ch. 124, § 17 effective July 1, 1999.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-10 - Standard of care.

All officers, directors, managers, trustees, professional fundraisers, professional fundraising counsel or other persons having access to the money of a charitable organization intended for use for charitable purposes shall be held to the standard of care defined for fiduciary trustees under common law.
History:
Laws 1983, ch. 140, § 10; 1999, ch. 124, § 10.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, inserted "professional fundraisers, professional fundraising counsel", and substituted "money" for "funds".
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 22 - Charitable Solicitations › Section 57-22-11 - Exemptions from state and local taxation.

Every officer, agency, board or commission of this state, or political subdivision of this state receiving applications for exemption from taxation shall provide to the attorney general copies of all the applications, supporting documents and official responses.
History:
Laws 1983, ch. 140, § 11; 1999, ch. 124, § 11.
ANNOTATIONS
The 1999 amendment,
effective July 1, 1999, substituted "of this state" for "thereof" and substituted "the" for "such" preceding "applications".
Am. Jur. 2d, A.L.R. and C.J.S. references. —
Validity, as for a charitable purpose, of trust for publication or distribution of particular books or writings, 34 A.L.R.4th 419.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 23 - Franchise Termination › Section 57-23-1 - Short title.

This act [57-23-1 to 57-23-8 NMSA 1978] may be cited as the "Franchise Termination Act".
History:
Laws 1985, ch. 229, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references. —
62B Am. Jur. 2d Private Franchise Contracts §§ 506 to 748.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 23 - Franchise Termination › Section 57-23-2 - Definitions.

As used in the Franchise Termination Act:
A. "current price" means an amount equal to the price listed in the supplier's printed price list in effect when the franchise is terminated, less applicable trade and cash discounts;
B. "dealer cost" means an amount equal to the sum of the original invoice price that the dealer paid for inventory and the cost to the dealer of its delivery from the supplier to the dealer, less applicable discounts;
C. "dealer" means a person in the business of the retail sale of farm tractors, farm implements or the attachments to or repair parts for farm tractors or farm implements;
D. "franchise" means a written or oral contract or agreement between a supplier and a dealer, that may be called a "dealership" or by any other name, by which the dealer is authorized to engage in the business of the retail sale of inventory according to the methods and procedures prescribed by the supplier;
E. "inventory" means new or unused farm tractors, farm implements, utility tractors, industrial tractors, attachments and repair parts that are provided by a supplier to a dealer under a franchise agreement and that were purchased within thirty-six months of the termination of the franchise or were listed in the supplier's current sales manual at the time of termination; and
F. "supplier" means a manufacturer, wholesaler or distributor of farm tractors, farm implements, utility tractors or industrial tractors or the attachments to or repair parts for that equipment.
History:
Laws 1985, ch. 229, § 2.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 23 - Franchise Termination › Section 57-23-3 - Termination of franchise; return of inventory.

A. If on termination of a franchise, the dealer delivers to the supplier the inventory that was purchased from the supplier and that is held by the dealer on the date of termination, the supplier shall pay to the dealer:
(1) the dealer cost of the new, unsold, undamaged and complete farm tractors, farm implements, utility tractors, industrial tractors and attachments returned by the dealer;
(2) an amount equal to ninety percent of the current price of new, undamaged repair parts returned by the dealer; and
(3) an amount equal to an additional five percent of the current price of new, undamaged repair parts returned by the dealer, unless the supplier performs the handling, packing and loading of the parts, in which case no additional amount is required under this paragraph.
B. The supplier may subtract from the sum due under Subsection A of this section the amount of debts owed by the dealer to the supplier. The supplier and dealer are each responsible for one-half of the cost of delivering the inventory to the supplier.
C. The supplier shall pay the amount due under this section before the sixty-first day after the day that the supplier receives inventory from the dealer and after the dealer has furnished proof that the inventory was purchased from the supplier.
D. On payment of the amount due under this section, title to the inventory is transferred to the supplier.
History:
Laws 1985, ch. 229, § 3.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 23 - Franchise Termination › Section 57-23-4 - Exceptions.

A supplier is not required to repurchase:
A. inventory:
(1) that the dealer orders after the dealer receives notice of the termination of the franchise from the supplier; or
(2) for which the dealer cannot furnish evidence of clear title that is satisfactory to the supplier; or
B. a repair part that:
(1) has a limited storage life;
(2) is in a broken or damaged package;
(3) is usually sold as part of a set, if the part is separated from the set; or
(4) cannot be sold without reconditioning or repackaging.
History:
Laws 1985, ch. 229, § 4.
2023 New Mexico Statutes › Chapter 57 - Trade Practices and Regulations › Article 23 - Franchise Termination › Section 57-23-5 - Warranty claim.

If after the termination of a franchise, the dealer submits a warranty claim to the supplier for work performed prior to the effective date of the termination, the supplier shall accept or reject the claim not later than the forty-fifth day after the day that the supplier receives the claim. A claim not rejected before the deadline shall be deemed accepted. The supplier shall pay an accepted claim not later than the sixtieth day after the day that the supplier receives the claim.
History:
Laws 1985, ch. 229, § 5.