reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-21 - Pipeline safety fund; created; assessment and collection of fees.

A. The "pipeline safety fund" is created in the state treasury for the purpose of enhancing the staffing and training of the pipeline safety bureau of the commission with the goal of assuming the function of inspection of interstate as well as intrastate pipelines. The fund shall consist of fees collected pursuant to Subsection D of this section, appropriations, gifts, grants, donations and earnings from investment of the fund. Balances in the fund shall not be transferred to the general fund at the end of any fiscal year.
B. The pipeline safety fund shall be administered by the commission. Money in the fund is appropriated to the commission to carry out its duties pursuant to the provisions of the Pipeline Safety Act [70-3-11 to 70-3-20 NMSA 1978] and Chapter 62, Article 14 NMSA 1978. Not more than five percent of the fees collected pursuant to Subsection D of this section shall be used by the commission for administrative purposes.
C. Payments from the pipeline safety fund shall be made upon vouchers issued and signed by the director of the administrative services division of the commission or the director's authorized representative upon warrants drawn by the secretary of finance and administration.
D. The commission shall collect annual pipeline safety fees for the duties relating to inspection of intrastate pipelines from persons subject to the Pipeline Safety Act in accordance with and not to exceed the following amounts:
(1) for the transportation of gas:
(a) two dollars ($2.00) per domestic service line;
(b) thirty-five dollars ($35.00) per commercial service line;
(c) thirty-five dollars ($35.00) per mile of line for the transportation of gas subject to inspection by the pipeline safety bureau, with a minimum assessment of four hundred dollars ($400); and
(d) one hundred dollars ($100) per master meter, direct sales lateral or liquified petroleum gas system; and
(2) for the transportation of oil, thirty-five dollars ($35.00) per mile of transmission line subject to inspection by the pipeline safety bureau, with a minimum assessment of four hundred dollars ($400). A fee shall not be assessed on mileage under the jurisdiction of or inspected by the federal department of transportation.
E. The commission shall annually conduct a public review of the fees collected and payments made from the fund and provide a summary to the legislative finance committee and the department of finance and administration. Based upon its findings, the commission shall adjust the annual fee rates authorized by Subsection D of this section in order to collect only that amount estimated to be necessary to carry out the provisions of the Pipeline Safety Act and Chapter 62, Article 14 NMSA 1978; provided that the fees shall not be greater than the amounts set forth in Subsection D of this section.
History:
Laws 2004, ch. 80, § 1.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 80, § 5 made the act effective July 1, 2004.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3 - Pipelines › Section 70-3-22 - Pipeline safety fee.

A public utility that is assessed a pipeline safety fee shall be entitled to collect the fee from its rate payers without the requirement of a request for a change in rates. The utility shall notify the commission in writing of the imposition and amount of the fee and, if practicable, shall show the fee as a separate line item on its bill statements to consumers.
History:
Laws 2004, ch. 80, § 4.
ANNOTATIONS
Effective dates.
— Laws 2004, ch. 80, § 5 made the act effective July 1, 2004.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3A - Gathering Line Land Acquisition › Section 70-3A-1 - Short title.

Sections 1 through 7 [70-3A-1 to 70-3A-7 NMSA 1978] of this act may be cited as the "Gathering Line Land Acquisition Act".
History:
Laws 1988, ch. 26, § 1.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 61 Am. Jur. 2d Pipelines §§ 20 to 38.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3A - Gathering Line Land Acquisition › Section 70-3A-2 - Definitions.

As used in the Gathering Line Land Acquisition Act:
A. "mineral developer" means a mineral owner, operator, lessee or natural gas or petroleum pipeline company that is engaged in the production or conveyance by pipeline of natural gas or petroleum; and
B. "property owner" means the person who holds an ownership interest in the property to be acquired for the purpose of constructing a natural gas or petroleum gathering line or an associated disposal line, other than the property on which the well to be connected to a natural gas or petroleum gathering line or to be connected to an associated disposal line is to be located.
History:
Laws 1988, ch. 26, § 2; 1993, ch. 338, § 2.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "lessee or natural gas or petroleum pipeline company that" for "or lessee who" and inserted "or conveyance by pipeline" in Subsection A.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3A - Gathering Line Land Acquisition › Section 70-3A-3 - Easement; offer and counterproposal.

A. If an easement is sought to be acquired by a mineral developer for the purpose of constructing a natural gas or petroleum gathering line as defined in Subsection B of Section 70-3-5 NMSA 1978 or an associated disposal line and the mineral developer and the property owner cannot agree concerning the terms, including locations, conditions or compensation for that acquisition, the mineral developer may make a written offer to the property owner to include proposed terms, locations, conditions and compensation for the easement. The offer shall be made by mailing a copy thereof by certified mail, return receipt requested, or by service of a copy thereof in the manner provided by the Rules of Civil Procedure for the District Courts for service of summons and complaint. The offer submitted by the mineral developer shall also include notice of the property owner's duty to submit a counterproposal as provided in Subsection B of this section.
B. Within twenty days after receipt of the mineral developer's offer, the property owner shall submit either a notice of acceptance or a counterproposal to each term, including locations, conditions or compensation, in the offer of the mineral developer. The acceptance or counterproposal shall be made in the same manner as set forth in Subsection A of this section for the delivery of the mineral developer's offer.
C. Except as provided in Subsection D of this section, if the parties are unable to negotiate a settlement, the mineral developer may, after ten days from the date of receipt of the counterproposal by the property owner, petition the district court in the county in which the property is located or any part lies to appoint a hearing officer to review the matters relating to the proposed property acquisition and to have the hearing officer submit a report to the district court.
D. If the property owner does not submit an acceptance or a counterproposal to the mineral developer within the time period specified in Subsection B of this section and the mineral developer has complied with all other provisions of the Gathering Line Land Acquisition Act, the mineral developer may file a copy of the offer submitted to the property owner with the district court and that offer shall be binding on all parties.
History:
Laws 1988, ch. 26, § 3.
ANNOTATIONS
Cross references.
— For the Rules of Civil Procedure for the District Courts,
see
Rule 1-001 NMRA et seq.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3A - Gathering Line Land Acquisition › Section 70-3A-6 - Report; appeal.

A. Within forty-five days after the appointment of the hearing officer:
(1) the hearing officer shall prepare a report upon the matters submitted to him by the order of his appointment and shall make findings of fact and conclusions of law. He shall file the report with the clerk of the court and unless waived by the parties he shall file with it a transcript or other authorized recording of any proceedings and of the evidence and the original exhibits. The clerk shall mail notice of the filing to all parties; and
(2) the district court shall accept the hearing officer's findings of fact unless clearly erroneous. Within ten days after being served with notice of the filing of the report, either party may appeal the decision of the hearing officer to the district court. The court, after review, may adopt or modify the report.
B. If the appealing party does not prevail in his appeal, the court shall award the other party reasonable attorneys' fees and court costs incurred on appeal.
C. If an appeal is not filed within ten days of the parties being served with notice of the filing of the report or at the conclusion of any appeal, the district court shall enter a final judgment granting or modifying the easement sought to be acquired including the terms and compensation of the easement.
History:
Laws 1988, ch. 26, § 6.
ANNOTATIONS
Cross references.
— For procedures governing administrative appeals to the district court,
see
Rule 1-074 NMRA.
Standard of review.
— Where a party maintained that the hearing officer made findings incorrectly under 70-3A-5(B) and (C) NMSA 1978, the determination of whether the hearing officer's decision was in accordance with the Gathering Line Land Acquisition Act was a question of law to be decided by the appellate court de novo.
El Paso Field Servs. Co. v. Montoya Sheep & Cattle Co.
, 2003-NMCA-113, 134 N.M. 375, 77 P.3d 279.
Scope of review of district court.
Zamora v. Village of Ruidoso Downs
, 1995-NMSC-072, 120 N.M. 778, 907 P.2d 182.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 3A - Gathering Line Land Acquisition › Section 70-3A-7 - Abandonment of easement.

When an easement is acquired pursuant to the Gathering Line Land Acquisition Act and the use for which the easement is acquired is subsequently abandoned, the easement is extinguished and the property interest reverts to the landowner or his successor in interest of the fee, free from any rights in the mineral developer.
History:
Laws 1988, ch. 26, § 7.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-2 - Labor, hauling and materials considered under continuous contract.

Any labor performed, or materials, machinery, tools, equipment or supplies so furnished or hauled by any person entitled to a lien under the provisions of the Oil and Gas Lien Act for the land, oil and gas permit, leasehold, lease for oil and gas purposes, or oil pipeline, gas pipeline or gasoline pipeline, shall be considered as having been furnished under a single contract regardless of whether or not the same was performed or furnished at different times or on separate orders, provided no more than one hundred twenty days shall have elapsed between the date of performance of the labor or the date of the furnishing or hauling of any part or parts of the material, tools, equipment, machinery or supplies and the date on which labor or materials, tools, equipment, machinery or supplies are next performed, hauled or finished [furnished].
History:
Laws 1931, ch. 11, § 2; 1941 Comp., § 69-402; 1953 Comp., § 65-5-2; Laws 1963, ch. 12, § 2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-3 - Liens of subcontractors.

Any person who furnishes or hauls the material, tools, equipment, machinery or supplies as, or to, a subcontractor, or any person who performs the labor for, or under, a subcontract with a contractor or subcontractor shall have a lien upon the whole of the land, oil and gas permit, leasehold, lease for oil and gas purposes, or oil pipeline, gas pipeline or gasoline pipeline, and the right-of-way therefor, buildings and equipment thereon, and the appurtenances thereto, and upon the materials, tools, machinery, equipment and supplies so furnished or hauled, and upon the oil and gas well for which they were furnished or hauled, and upon all the other oil and gas wells, fixtures, machinery, tools, equipment and appliances used in operating or developing for oil and gas purposes upon the land, oil and gas permit, leasehold, or lease for oil and gas purposes, for which the material, tools, machinery, equipment or supplies were furnished or hauled, or labor performed, to the same extent, with the same preferences and priorities, and on an equality with the lien of an original contractor as provided in Sections 70-4-1 and 70-4-2 NMSA 1978, for the amount due him for the labor, hauling or materials, tools, machinery, equipment or supplies.
History:
Laws 1931, ch. 11, § 3; 1941 Comp., § 69-403; 1953 Comp., § 65-5-3; Laws 1963, ch. 12, § 3.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-4 - Claim of lien; contents and filing.

Every original contractor, within two hundred ten days after the performance of the last labor or the furnishing or hauling of the last item of material, tools, machinery, equipment or supplies, and every person, except the original contractor, claiming the benefits of the Oil and Gas Lien Act within one hundred eighty days after the performance of the last labor or the furnishing or hauling of the last item or material, tools, machinery, equipment or supplies shall file for record with the county clerk of the county in which the property upon which the lien is claimed or situated, a claim setting forth the name and residence of the claimant, the amount and the items claimed, the name of the person to whom the materials, tools, machinery, equipment or supplies were furnished or hauled or for whom the labor was performed, the name of the owner and a description of the property upon which the lien is claimed, verified by affidavit.
History:
Laws 1931, ch. 11, § 4; 1941 Comp., § 69-404; 1953 Comp., § 65-5-4; Laws 1963, ch. 12, § 4; 1993, ch. 6, § 1.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "two hundred ten days" for "one hundred twenty days" and "one hundred eighty days" for "ninety days", and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gas and Oil § 139.
58 C.J.S. Mines and Minerals § 264.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-5 - Recording; index; fees.

The county clerk shall record the claim in a book kept by him for that purpose, and shall index such record as deeds and other conveyances are required by law to be indexed, and for which he may receive the same fees as are allowed by law for recording deeds and other conveyances.
History:
Laws 1931, ch. 11, § 5; 1941 Comp., § 69-405; 1953 Comp., § 65-5-5.
ANNOTATIONS
Cross references.
— For recording fees,
see
14-8-12 NMSA 1978.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-6 - Liability of owner limited to contract price.

Nothing in the Oil and Gas Lien Act shall be deemed to fix a greater liability upon an owner than the amount contracted by the owner to be paid the original contractor; provided that the risk of all payments made to the original contractor shall be upon the owner until the expiration of the one hundred eighty days specified in Section 70-4-4 NMSA 1978 within which persons other than the original contractor may fix their liens by the filing of the claim as provided in that section, and no owner shall be liable to an action by the contractor until the expiration of the one hundred eighty day period. Owners may pay subcontractors the specific contract or agreed upon charge due them from the original contractor for work, labor, material, tools, machinery, equipment and supplies, and the amount so paid shall be held and deemed a payment of that amount to the original contractor.
History:
Laws 1931, ch. 11, § 6; 1941 Comp., § 69-406; 1953 Comp., § 65-5-6; Laws 1963, ch. 12, § 5; 1965, ch. 184, § 2; 1993, ch. 6, § 2.
ANNOTATIONS
The 1993 amendment,
effective June 18, 1993, substituted "one hundred eighty days specified in Section 70-4-4 NMSA 1978" for "ninety (90) days hereinbefore" and "the one hundred eighty day period" for "said ninety (90) days" in the first sentence, and made minor stylistic changes.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 C.J.S. Mines and Minerals § 263.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-7 - Limitation of action to enforce.

No lien provided for in this act shall bind any property subject thereto for a longer period than one year after the date on which the same is filed, unless proceedings be commenced in the district court within that time to enforce the same, or, if a credit be given, then one year after the expiration of such credit, but no such lien shall continue in force for a longer time than two years from the time the lien is filed by any agreement to give credit unless action to enforce the same shall have been commenced within that time.
History:
Laws 1931, ch. 11, § 7; 1941 Comp., § 69-407; 1953 Comp., § 65-5-7.
ANNOTATIONS
Cross references.
— For sales under execution and foreclosure,
see
39-5-1 NMSA 1978 et seq.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 58 C.J.S. Mines and Minerals § 269.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-8 - Enforcement of lien.

The liens herein created may be enforced by proper action in the district court in the county in which the property is situate to which the lien attaches, provided that if the property to which the lien attaches is situate in more than one county the action may be brought in any county where a part of the property is situate. If the lien is foreclosed there shall be no redemption, and the sheriff or other officer shall make a formal conveyance of the property sold under foreclosure to the purchaser as provided by law.
History:
Laws 1931, ch. 11, § 8; 1941 Comp., § 69-408; 1953 Comp., § 65-5-8.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-9 - Joinder of actions; attorney's fees; costs.

Any number of persons claiming liens may join in the same action, and when separate actions are commenced the court may consolidate them. The court may also allow as a part of the costs the moneys paid for filing and recording the lien, and reasonable attorney's fees in the trial and appellate courts.
History:
Laws 1931, ch. 11, § 9; 1941 Comp., § 69-409; 1953 Comp., § 65-5-9.
ANNOTATIONS
Cross references.
— For joinder of parties,
see
Rule 1-020A NMRA.
For consolidation of actions,
see
Rule 1-042C NMRA.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-10 - Definition of words "person" and "subcontractor".

The word "person" as used in this act [70-4-1 to 70-4-15 NMSA 1978] shall include one or more individuals and corporations and copartnerships.
The word "subcontractor" as used in this act shall include every person entitled to the benefits thereof other than an original contractor.
History:
Laws 1931, ch. 11, § 10; 1941 Comp., § 69-410; 1953 Comp., § 65-5-10.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-11 - Preference to laborers; no preference to first contractors.

Upon all questions arising between different persons having liens under the Oil and Gas Lien Act, no preference shall be given to him who first performed labor or furnished, or hauled, materials, tools, machinery, equipment or supplies, except that the claim of any person for labor by him personally performed is a preferred lien.
History:
Laws 1931, ch. 11, § 11; 1941 Comp., § 69-411; 1953 Comp., § 65-5-11; Laws 1963, ch. 12, § 6.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gas and Oil § 140.
58 C.J.S. Mines and Minerals § 268.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-12 - Materials exempt from attachment.

Whenever materials, tools, machinery, equipment or oil and gas supplies shall have been furnished for use or employment in the digging, drilling, torpedoing, completing, operating or repairing of any oil or gas well, or in the construction, operation or repairing of any gas pipeline, oil pipeline or gasoline pipeline, such materials, machinery, equipment or oil and gas supplies shall not be subject to attachment, execution or other legal process to enforce any debt due by the purchaser of such materials, machinery, tools, equipment or supplies, except a debt due for the purchase price thereof so long as such purchase price, or any part thereof, remains unpaid, and such materials, tools, machinery, equipment or supplies are in good faith about to be used for the purposes for which they were so furnished, until after the expiration of the time for filing a lien for such purchase price under the provisions of this act [70-4-1 to 70-4-15 NMSA 1978].
History:
Laws 1931, ch. 11, § 12; 1941 Comp., § 69-412; 1953 Comp., § 65-5-12.
ANNOTATIONS
Cross references.
— For rules governing garnishment and writs of execution in the district, magistrate, and metropolitan courts,
see
Rules 1-065.1, 2-801, and 3-801 NMRA, respectively.
For form for claim of exemptions on executions,
see
Rule 4-803 NMRA.
For form for order on claim of exemption and order to pay in execution proceedings,
see
Rule 4-804 NMRA.
For form for application for writ of garnishment and affidavit,
see
Rule 4-805 NMRA.
For form for notice of right to claim exemptions from execution,
see
Rule 4-808A NMRA.
For form for claim of exemption from garnishment,
see
Rule 4-809 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 38 Am. Jur. 2d Gas and Oil § 137.
58 C.J.S. Mines and Minerals § 262.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-13 - Personal liability.

Nothing in the Oil and Gas Lien Act shall be construed to impair or affect the right of any person, to whom any debt may be due for work done or materials, tools, machinery, equipment or supplies furnished or hauled, to maintain a personal action to recover the debt against the person liable therefor.
History:
Laws 1931, ch. 11, § 13; 1941 Comp., § 69-413; 1953 Comp., § 65-5-13; Laws 1963, ch. 12, § 7.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-14 - Name of act.

This act [70-4-1 to 70-4-15 NMSA 1978] shall be known as the Oil and Gas Lien Act.
History:
Laws 1931, ch. 11, § 15; 1941 Comp., § 69-414; 1953 Comp., § 65-5-14.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 4 - Liens on Wells and Pipelines › Section 70-4-15 - Conflicting laws repealed, Chapter 82, "1929 New Mexico Statutes Annotated" excepted.

This act [70-4-1 to 70-4-15 NMSA 1978] shall not in any way affect, modify or repeal Chapter 82 of the "1929 New Mexico Statutes Annotated." All other laws in conflict with the provisions of this act are hereby repealed.
History:
Laws 1931, ch. 11, § 16; 1941 Comp., § 69-415; 1953 Comp., § 65-5-15.
ANNOTATIONS
Compiler's notes.
— Chapter 82 of the 1929 Compilation referred to in this section is presently compiled as 48-2-1 to 48-2-8, 48-2-10 to 48-2-16, 48-3-1, 48-3-2, 48-3-4, 48-3-5, 48-3-7 to 48-3-15, 48-5-1 to 48-5-3 and 48-6-1 to 48-6-16 NMSA 1978.
Purpose of declaration of cumulative effect
was not to make other statutory provisions applicable to those things covered by this act itself, but to show that the things for which liens were given by this act were not intended to nullify other lien statutes in favor of mechanics, laborers, clerks and others performing services in the oil industry, and materialmen who might furnish material in the oil or mining industry not covered by the act.
Butt v. Vermejo Park Corp.
, 1976-NMSC-075, 89 N.M. 679, 556 P.2d 835.
Lien on fee owner's interest.
— Under the Mechanics' Lien Act (48-2-1 NMSA 1978 et seq.), a lien may be imposed upon fee owner's interest if he has knowledge of the construction and fails to disclaim responsibility therefor in manner and within time therein provided, while under this act, fee owner's interest is subject to lien only if he expressly so contracts, an obvious conflict, and it was held that company which built roads, leveled land, hauled water and provided gravel and load pipe in connection with certain oil and gas exploration and drilling were entitled to assert a lien only under this act.
Butt v. Vermejo Park Corp.
, 1976-NMSC-075, 89 N.M. 679, 556 P.2d 835.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-2 - Short title.

Chapter 70, Article 5 NMSA 1978 may be cited as the "LPG and CNG Act".
History:
1953 Comp., § 65-7-1.1, enacted by Laws 1973, ch. 362, § 2; 1993, ch. 186, § 2.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, substituted "Chapter 70, Article 5 NMSA 1978" for "Sections 65-7-1 through 65-7-23 NMSA 1953" and inserted "and CNG".
Liquefied Petroleum Gas Act is for protection of public
from the dangers which are inherent in liquefied petroleum gas if it is not properly handled. 1963 Op. Att'y Gen. No. 63-53.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-3 - Rules and regulations for design, construction, assembling, equipping and installing of containers and equipment.

All containers and pertinent equipment used or to be used in this state for CNG equipment when attached to motor vehicles or for the storage, transporting or dispensing of LP gases or CNG by industrial, commercial or domestic users, together with appliances used or to be used in this state with LP gases as fuel, shall be designed, constructed, assembled, equipped and installed as specified by the rules and regulations of the commission, adopted and promulgated as provided in the LPG and CNG Act [this article].
History:
1941 Comp., § 71-805, enacted by Laws 1947, ch. 214, § 2; 1953 Comp., § 65-7-2; Laws 1955, ch. 97, § 2; 1973, ch. 362, § 3; 1977, ch. 245, § 125; 1989, ch. 6, § 51; 1993, ch. 186, § 3.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted "for CNG equipment when attached to motor vehicles or" near the beginning of the section, "or CNG" near the middle of the section, and "and CNG" near the end of the section.
The 1989 amendment,
effective July 1, 1989, substituted "commission" for "committee" near the end of the section.
Persons or firms selling house trailers equipped with liquefied petroleum
appliances and piping are covered by act and fully subject to all license fees and regulations promulgated by the public service commission. 1953 Op. Att'y Gen. No. 53-5627.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 63 Am. Jur. 2d Products Liability § 834.
Products liability: sufficiency of evidence to support product misuse defense in actions concerning bottles, cans, storage tanks, or other containers, 58 A.L.R.4th 160.
Products liability: recovery for injury or death resulting from intentional inhalation of product's fumes or vapors to produce intoxicating or similar effect, 50 A.L.R.5th 275.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-4 - Acts concerning LP gas or CNG subject to commission rules and regulations.

The selling, offering for sale, constructing, assembling, repairing, equipping, installing, filling with fuel, storage of fuel within, dispensing of fuel from or transporting fuel within containers described in Section 70-5-3 NMSA 1978 without the containers having been designed, constructed, assembled, equipped, maintained, tested and inspected as specified by the rules and regulations of the commission pursuant to the LPG and CNG Act shall be a violation of the LPG and CNG Act and shall be subject to the fines, penalties and restrictions provided.
History:
1941 Comp., § 71-806, enacted by Laws 1947, ch. 214, § 3; 1953 Comp., § 65-7-3; Laws 1973, ch. 362, § 4; 1977, ch. 245, § 126; 1989, ch. 6, § 52; 1993, ch. 186, § 4.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, rewrote the section heading, substituted "offering" for "exposing" near the beginning of the section, and inserted "and CNG" twice near the end of the section.
The 1989 amendment,
effective July 1, 1989, substituted "commission" for "committee" in the section heading and near the end of the section, inserted "described in Section 70-5-3 NMSA 1978" near the middle of the section, and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-7 - Requiring competent employees in transporting, dispensing, installation, service or repair.

A. The bureau may require each person, firm or corporation that transports or dispenses LP gas or that installs, repairs or services appliances, containers, equipment or piping for the use of LP gas to have all persons who perform these activities pass an appropriate examination based on the safety requirements of the commission.
B. A trainee employee shall be exempt from such examination for a period of forty-five working days and until examined by a representative of the bureau. A trainee employee, during the forty-five day period, shall be under supervision of a qualified instructor. Any LP or CNG gas licensee hiring a trainee shall, within forty-five days of the commencement of employment, notify the bureau of this fact so that an examination may be scheduled. If the trainee fails to pass the examination, he may retake it after additional instruction.
C. The bureau shall set a reasonable fee for administering an examination.
History:
1953 Comp., § 65-7-6, enacted by Laws 1970, ch. 65, § 1; 1973, ch. 362, § 7; 1977, ch. 245, § 129; 1989, ch. 6, § 55; 1993, ch. 186, § 7.
ANNOTATIONS
Repeals and reenactments.
— Laws 1970, ch. 65, § 1, repealed former 65-7-6, 1953 Comp., relating to the requirement of competent employees and enacted a new 70-5-7 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, inserted "or CNG" in the next-to-last sentence of Subsection B.
The 1989 amendment,
effective July 1, 1989, substituted "commission" for "committee" at the end of Subsection A and deleted "such" preceding "employment" in the next-to-last sentence of Subsection B.
Substitution of names in examination application.
— Liquefied petroleum gas commission (now liquefied petroleum gas bureau) has no authority to permit substitution of names in application for examination by licensee for his employees, unless commission (division) requires payment of additional application fee. 1961 Op. Att'y Gen. No. 61-11.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-8 - Authority of inspectors.

A. An inspector of the bureau may enter any building or proceed on to any premises at any reasonable time in the discharge of his official duties for the purpose of making an inspection of work performed or of testing any installation within the jurisdiction of the bureau.
B. An inspector may cause immediate discontinuance of service to any installation or device, appliance or equipment found to be dangerous to life or property because it is defective, of faulty design, not properly qualified or incorrectly installed, until the installation, device, appliance or equipment is made safe. Any device, appliance or equipment that is dangerous to life or property and cannot be made safe shall be removed by the bureau and properly disposed of.
C. The inspector shall order the correction of any defects or of any incorrect installation and shall issue a notice to the owner, lessee or renter outlining the corrections to be made in order to meet bureau requirements.
D. Any authorized representative of the bureau may enter any building or proceed on to any premises for investigation where an accident has occurred in which LP gas may have been a factor. The representative may remove any item which may have been a factor in the accident, and the item shall be retained by the bureau until all questions regarding the accident are resolved.
History:
1953 Comp., § 65-7-7, enacted by Laws 1973, ch. 362, § 8; 1977, ch. 245, § 130; 1993, ch. 186, § 8.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 362, § 8, repealed former 65-7-7, 1953 Comp., relating to licensing of operators and dealers and enacted a new 70-5-8 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, deleted "LP gas" preceding "bureau" in Subsection A; added the second sentence in Subsection B; and in Subsection D, deleted "LP gas" preceding "bureau" in the first sentence and substituted "the" for "such" twice in the second sentence.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-10 - Revenue; suspense fund.

All fees and money collected under the provisions of the LPG and CNG Act shall be remitted by the bureau to the director of the division to be deposited in the general fund of the state. The bureau may maintain a "special suspense fund" with the division in an amount of one thousand dollars ($1,000) budgeted by the bureau for the purpose of making any necessary refunds. The bureau shall, with the advice and consent of the director of the division, employ inspectors, assistants and other necessary help as may be required to carry out its lawful duties.
History:
1941 Comp., § 71-812, enacted by Laws 1947, ch. 214, § 9; 1953 Comp., § 65-7-9; Laws 1957, ch. 221, § 4; 1973, ch. 362, § 10; 1977, ch. 245, § 132; 1993, ch. 186, § 10.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, deleted "LP gas" preceding "Revenue" in the section heading; in the first sentence, substituted "money" for "moneys", inserted "and CNG", and deleted "forthwith" following "remitted"; and deleted "and" preceding "inspectors" in the third sentence.
Refund of fee denied.
— A license fee paid by a company that was illegally operating in the state without a license prior to the time fee was paid should not be refunded when licensee chooses not to operate in the state. 1961 Op. Att'y Gen. No. 61-101.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-11 - Proof of responsibility.

A. The bureau shall require each licensee to have combined single limit public liability insurance of a reasonable amount determined by the commission. Such coverage shall be filed on a certificate to be prescribed by the commission, and the coverage shall be effective until canceled by either the carrier or the licensee. The provisions of this subsection do not apply to manufacturers of LP gas.
B. The licensee may file as an alternative to insurance described in Subsection A of this section a corporate surety bond of a reasonable amount determined by the commission.
C. The insurance or the surety bond shall be purchased from a company licensed to do business in New Mexico.
D. The certificate of insurance or the surety bond filed with the bureau shall continue to be effective until thirty days after the date the bureau is notified in writing of the cancellation of the insurance or surety bond.
History:
1953 Comp., § 65-7-11, enacted by Laws 1973, ch. 362, § 11; 1977, ch. 245, § 133; 1989, ch. 6, § 56.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 362, § 11, repealed former 65-7-11, 1953 Comp., relating to proof of financial responsibility, and enacted a new 70-5-11 NMSA 1978.
The 1989 amendment,
effective July 1, 1989, substituted "commission" for "committee" and made minor stylistic changes throughout Subsections A and B, and inserted "described in Subsection A of this section" in Subsection B.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-12 - Power of bureau and commission to refuse to grant, suspend or cancel a license.

The bureau may refuse to grant a license to any applicant and may request the commission to suspend or cancel the license of any licensee if it appears to the bureau upon hearing, as provided in the LPG and CNG Act, that an applicant or licensee has violated or failed to comply with any provision of law relating to LP gas or CNG or with any rule, regulation or order of the bureau or commission or that any licensee has demonstrated that he is incompetent or lacks knowledge in matters relevant to a license to such an extent that, in the judgment of the bureau, it would endanger the public safety to allow the licensee to continue to engage in LP gas or CNG activities or operations.
History:
1941 Comp., § 71-815, enacted by Laws 1947, ch. 214, § 12; 1953 Comp., § 65-7-12; Laws 1957, ch. 221, § 7; 1973, ch. 362, § 12; 1977, ch. 245, § 134; 1989, ch. 6, § 57; 1993, ch. 186, § 11.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted "and CNG" near the beginning of the section, "or CNG" near the middle of the section, and "or CNG" near the end of the section.
The 1989 amendment,
effective July 1, 1989, substituted "commission" for "committee" in the section heading and throughout the section, and "as provided in the LPG Act" for "as herein provided" near the middle of the section, and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-13 - Provisions for hearings.

Upon receipt of written complaint from one of its representatives or by any person or party affected, the bureau may, if it finds probable cause for such complaint, request the commission to hold a hearing to consider the complaint under the provisions of the LPG and CNG Act and under such rules and regulations not inconsistent with that act. If at the hearing the commission finds that the licensee has violated or failed to comply with any of the provisions of the LPG and CNG Act or the rules and regulations of the bureau or commission, then the commission may revoke or suspend the license of the licensee. The bureau may investigate on its own motion any matters pertaining to the subject of the LPG and CNG Act and may hold such hearings as it deems necessary. The bureau may also summon and compel the attendance of witnesses, require the production of any records or documents deemed by it to be pertinent to the subject matter of any investigation and provide for the taking of depositions of witnesses under such rules as it may prescribe.
History:
1941 Comp., § 71-816, enacted by Laws 1947, ch. 214, § 13; 1953 Comp., § 65-7-13; Laws 1973, ch. 362, § 13; 1977, ch. 245, § 135; 1989, ch. 6, § 58; 1993, ch. 186, § 12.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted "and CNG" in the first, second, and third sentences.
The 1989 amendment,
effective July 1, 1989, substituted "commission" for "committee" and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 261 et seq.
73A C.J.S. Public Administrative Law and Procedure § 115 et seq.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-14 - Notice; hearing.

Notice of any hearing and of its time and place shall be given by certified mail not less than ten days, exclusive of the day of mailing, before the hearing. The notice shall be sent to the licensee and all persons involved. Any licensee against whom a complaint has been filed shall have the right to file answer, appear at the hearing, introduce evidence and be heard both in person and by counsel. In the hearing before the commission, the rules of civil procedure and the technical rules of evidence shall not apply, but the hearing shall be conducted so that both complaints and defenses are amply and fairly presented.
History:
1941 Comp., § 71-817, enacted by Laws 1947, ch. 214, § 14; 1953 Comp., § 65-7-14; Laws 1973, ch. 362, § 14; 1977, ch. 245, § 136; 1989, ch. 6, § 59.
ANNOTATIONS
The 1989 amendment,
effective July 1, 1989, substituted "commission" for "committee" in the last sentence and made minor stylistic changes throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 283 et seq.
73A C.J.S. Public Administrative Law and Proceedings §§ 134, 135, 139, 142.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-15 - Finding; record.

At the conclusion of any hearing held to consider a complaint filed against any licensee under the LPG and CNG Act, the commission shall enter its finding and order in writing, and the finding and order shall be recorded in a permanent record to be kept by the division. A copy of the commission's finding and order shall be furnished to the licensee complained of.
History:
1953 Comp., § 65-7-15, enacted by Laws 1973, ch. 362, § 15; 1977, ch. 245, § 137; 1989, ch. 6, § 60; 1993, ch. 186, § 13.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 362, § 15, repealed former 65-7-15, 1953 Comp., relating to findings, judgment and appeals and enacted a new 70-5-15 NMSA 1978.
The 1993 amendment,
effective July 1, 1993, inserted "and CNG" in the first sentence.
The 1989 amendment,
effective July 1, 1989, substituted "under the LPG Act" for "hereunder" and "commission" for "committee" in the first sentence and "commission's finding" for "committee's finding" in the second sentence.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 376 et seq.
73A C.J.S. Public Administrative Law and Proceedings §§ 151, 160.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-16 - Appeal.

A licensee whose license is canceled or suspended by order of the commission may appeal the decision by filing an appeal with the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1953 Comp., § 65-7-16, enacted by Laws 1973, ch. 362, § 16; 1977, ch. 245, § 138; 1989, ch. 6, § 61; 1998, ch. 55, § 86; 1999, ch. 265, § 88.
ANNOTATIONS
Repeals and reenactments.
— Laws 1973, ch. 362, § 16, repealed former 65-7-16, 1953 Comp., relating to appeals to the supreme court, and enacted a new 70-5-16 NMSA 1978.
Cross references.
— For Rules of Appellate Procedure,
see
Rule 12-101 NMRA et seq.
The 1999 amendment,
effective July 1, 1999, substituted "Section 39-3-1.1" for "Section 12-8A-1".
The 1998 amendment,
effective September 1, 1998, rewrote this section.
The 1989 amendment,
effective July 1, 1989, in the undesignated introductory paragraph, substituted "canceled" for "cancelled" in the first sentence and "commission" for "committee" throughout the paragraph.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 2 Am. Jur. 2d Administrative Law § 415 et seq.
73A C.J.S. Public Administrative Law and Proceedings §§ 172 to 201.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-17 - No formal notice required of hearing on application for license; appeal.

The same procedure, rights and penalties as specified in the LPG and CNG Act in the cases of revocation or suspension of licenses are available, where applicable, in cases where the bureau refused to grant a license, except that no formal notice of hearing on an application for license need be given an applicant, other than that he is given a reasonable opportunity to appear in support of his application before the bureau renders its order refusing him a license. Appeal shall be to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978.
History:
1941 Comp., § 71-820, enacted by Laws 1947, ch. 214, § 17; 1953 Comp., § 65-7-17; Laws 1973, ch. 362, § 17; 1977, ch. 245, § 139; 1993, ch. 186, § 14; 1998, ch. 55, § 87; 1999, ch. 265, § 89.
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 the last sentence.
The 1998 amendment,
effective September 1, 1998, inserted "; appeal" in the section heading and rewrote the second sentence.
The 1993 amendment,
effective July 1, 1993, substituted "as specified in the LPG and CNG Act in the cases" for "as herein specified in the cases" and substituted "he is given" for "he be given" in the first sentence, and "a license under the LPG and CNG Act is denied" for "a license hereunder is denied" in the second sentence.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-18 - Civil penalty for failure to comply with act or any order, rule or regulation.

The failure of any person, firm or corporation or any association engaged in any LP gas or CNG activity or operation requiring a license by the bureau to comply, within forty-eight hours after the receipt of any certified order of the bureau or commission requiring compliance, with the laws relating to LP gases or CNG or any order, rule or regulation of the bureau or commission shall subject the person or the officers of the corporation to a civil penalty of one hundred dollars ($100) for each day the violation continues, and the attorney general may institute civil actions in the district court of the county in which the violation occurs to recover penalties in the name and on behalf of the state.
History:
1941 Comp., § 71-821, enacted by Laws 1947, ch. 214, § 18; 1953 Comp., § 65-7-18; Laws 1957, ch. 221, § 8; 1973, ch. 362, § 18; 1977, ch. 245, § 140; 1989, ch. 6, § 62; 1993, ch. 186, § 15.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted "or CNG" following both "any LP gas" and "to LP gases".
The 1989 amendment,
effective July 1, 1989, inserted "to comply" near the beginning of the section, twice substituted "commission" for "committee", and made minor stylistic changes throughout the section.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-19 - Municipalities; taxes; license fees.

Nothing contained in the LPG and CNG Act shall be construed as preventing any municipality from collecting local occupation taxes or license fees under the provisions of any local ordinance, but licensees under the LPG and CNG Act are specifically exempted from application of the Construction Industries Licensing Act [Chapter 60, Article 13 NMSA 1978], the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978] and the Manufactured Housing Act [Chapter 60, Article 14 NMSA 1978] insofar as their LP gas operations or CNG equipment attached to or to be attached to motor vehicles are concerned.
History:
1941 Comp., § 71-823, enacted by Laws 1947, ch. 214, § 20; 1953 Comp., § 65-7-20; Laws 1973, ch. 362, § 19; 1993, ch. 186, § 16.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, inserted "and CNG" preceding "Act" near the beginning and near the middle of the section, and substituted the language beginning "the Uniform Licensing Act" for "insofar as their LP gas operations are concerned" at the end of the section.
2023 New Mexico Statutes › Chapter 70 - Oil and Gas › Article 5 - Liquefied and Compressed Gases › Section 70-5-20 - Enforcement.

The bureau may enforce the laws relating to LP gases and CNG and any rules, regulations or orders adopted by it or the commission pursuant to those laws by injunction in the district courts, which remedy shall be in addition to the civil and criminal penalties provided in the LPG and CNG Act. The chief and the inspectors of the bureau may issue citations for violation of the LPG and CNG Act.
History:
1941 Comp., § 71-824, enacted by Laws 1947, ch. 214, § 21; 1953 Comp., § 65-7-21; Laws 1957, ch. 221, § 9; 1973, ch. 362, § 20; 1977, ch. 245, § 141; 1989, ch. 6, § 63; 1993, ch. 186, § 17.
ANNOTATIONS
The 1993 amendment,
effective July 1, 1993, in the first sentence, inserted "and CNG", substituted "adopted" for "promulgated" and inserted "and CNG"; and inserted "and CNG" in the second sentence.
The 1989 amendment,
effective July 1, 1989, substituted "commission pursuant to those laws" for "committee pursuant thereto" in the first sentence.