Chapter 24 — Chapter 24

History: Laws 1985, ch. 85, § 10; repealed by Laws 2007, ch. 20, § 13.

History: Laws 1985, ch. 85, § 11; repealed by Laws 2007, ch. 20, § 13.

Notwithstanding any other provision of the Dee Johnson Clean Indoor Air Act, smoking-permitted areas include the following: A. a private residence, unless it is used commercially to provide child care, adult care or health care or any combination of those activities; B. a retail …

ventilation systems. Smoking is prohibited near entrances, windows and ventilation systems of all workplaces and public places where smoking is prohibited by the Dee Johnson Clean Indoor Air Act. An individual who owns, manages, operates or otherwise controls the use of a premise…

A. Employers shall provide that their places of employment meet the requirements of the Dee Johnson Clean Indoor Air Act. B. An employer shall adopt, implement, post and maintain a written smoking policy pursuant to the Dee Johnson Clean Indoor Air Act. History: Laws 2007, ch. 20…

A. To advise persons of the existence of smokefree areas or smoking-permitted areas, signs shall be posted as follows: (1) for each indoor workplace or indoor public place where smoking is prohibited pursuant to the Dee Johnson Clean Indoor Air Act, a "NO SMOKING" sign shall be p…

A. The local fire, police or sheriff's department with appropriate jurisdiction over the location where a violation of the provisions of the Dee Johnson Clean Indoor Air Act occurs shall enforce that act by issuance of a citation. B. A person may register a complaint regarding an…

It is unlawful for a person who owns, manages, operates or otherwise controls the use of premises subject to regulation under the Dee Johnson Clean Indoor Air Act to violate its provisions. The owner, manager or operator of premises subject to regulation under the Dee Johnson Cle…

A person eighteen years of age or older who violates a provision of the Dee Johnson Clean Indoor Air Act is subject to: A. a fine not to exceed one hundred dollars ($100) for the first violation of that act; B. a fine not to exceed two hundred dollars ($200) for the second violat…

A. A person or employer shall not discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or patron because that employee, applicant or patron exercises any rights afforded by the Dee Johnson Clean Indoor Air Act or reports or attempts t…

The legislature finds and declares that the smoking of tobacco, or any other weed or plant, is a positive danger to health and a health hazard to those who are present in enclosed places and that smoking in such areas should be confined to designated smoking areas. The legislatur…

Nothing in the Dee Johnson Clean Indoor Air Act shall be construed to preempt or in any manner preclude specific provisions of a county or municipal smoking ordinance; provided that the smokefree provisions of such a county or municipal ordinance are inclusive of all minimum stan…

As used in the Dee Johnson Clean Indoor Air Act: A. "bar" means an establishment that is devoted to the selling or serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of those beverages, …

A. It is unlawful for a person to smoke in any indoor workplace or indoor public place or in buses, taxicabs or other means of public transit not specifically exempted pursuant to the Dee Johnson Clean Indoor Air Act. B. No part of the state capitol or capitol north shall be desi…

History: Laws 1985, ch. 85, § 5; repealed by Laws 2007, ch. 20, § 13.

History: Laws 1985, ch. 85, § 6; repealed by Laws 2007, ch. 20, § 13.

History: Laws 1985, ch. 85, § 7; repealed by Laws 2007, ch. 20, § 13.

History: Laws 1985, ch. 85, § 8; repealed by Laws 2007, ch. 20, § 13.

History: Laws 1985, ch. 85, § 9; repealed by Laws 2007, ch. 20, § 13.

Chapter 24, Article 17 NMSA 1978 may be cited as the "Continuing Care Act". History: Laws 1985, ch. 102, § 1; 2010, ch. 88, § 1.

A. Whenever the attorney general has reasonable belief that any person is violating or is about to violate any provision of the Continuing Care Act, or any regulation promulgated pursuant to that act, and that proceedings would be in the public interest, the attorney general may …

A. The provisions of the Continuing Care Act apply equally to for-profit and nonprofit provider organizations and shall be construed as the minimum requirements to be imposed upon any person offering or providing continuing care. B. The provisions of the Continuing Care Act do no…

A provider shall adopt and follow a written policy establishing the procedure and criteria applicable when deciding to transfer residents from one level of care to another. History: Laws 1991, ch. 263, § 1.

A. Residents have the right to organize a resident association and to engage in concerted activities for the purpose of keeping themselves informed of the operation of the facility or for the purpose of other mutual aid or protection. A provider shall take appropriate steps to en…

Retaliatory conduct by a provider or any person acting on the provider's behalf against a resident for lawful efforts to secure or enforce his legal rights as a resident is a violation of the Continuing Care Act. History: Laws 1991, ch. 263, § 3.

A. Residents, as a class or otherwise, may bring an action in a court of competent jurisdiction to recover actual and punitive damages for injury resulting from a violation of the Continuing Care Act. B. The court may award reasonable attorneys' fees and costs to the prevailing p…

A. The aging and long-term services department shall review disclosure statements filed pursuant to the Continuing Care Act for compliance with that act. B. If the aging and long-term services department determines that a person or an organization has engaged in or is about to en…

The aging and long-term services department shall promulgate all rules and regulations necessary or appropriate to administer the provisions of the Continuing Care Act. History: Laws 1991, ch. 263, § 6; 2010, ch. 88, § 8; 2021, ch. 56, § 5.

A. A person may report an alleged violation of the Continuing Care Act or rules promulgated pursuant to that act to the attorney general or to the aging and long-term services department. B. Any time after the aging and long-term services department issues a notice of violation, …

A. The legislature finds that continuing care communities are an important and growing alternative for the provision of long-term residential, social and health maintenance needs for the elderly; however, the legislature also finds that severe consequences to residents may result…

As used in the Continuing Care Act: A. "affiliate" means a person having a five percent or greater interest in a provider; B. "community" means a retirement home, retirement community, home for the aged or other place that undertakes to provide continuing care; C. "continuing car…

A. A provider shall furnish a current annual disclosure statement that meets the requirements set forth in Subsection B of this section and the aging and long-term services department's and attorney general's consumer's guide to continuing care communities to each actual resident…

A. A provider is responsible for ensuring that a continuing care contract is written in clear and understandable language. B. A continuing care contract shall, at a minimum: (1) describe the community's admission policies, including age, health status and minimum financial requir…

A. Any deposits or entrance fees paid by or for a resident shall be held in trust for the benefit of the resident in a federally insured New Mexico bank until the resident has occupied the resident's unit or the resident's contract cancellation period has ended, whichever occurs …

services department for public inspection. No later than July 1, 2022 and each year thereafter, within one hundred eighty days after the end of a community's fiscal year, a provider shall provide a copy of the disclosure statement and any amendments to that statement to the aging…

The office of the attorney general and the aging and long-term services department may publish and distribute a consumer's guide to continuing care communities and may publish an annual directory of communities in New Mexico. History: Laws 1985, ch. 102, § 8; 2005, ch. 215, § 5.

ANNOTATIONS Repeals. — Laws 1991, ch. 263, § 11 repealed 24-17-9 NMSA 1978, as enacted by Laws 1985, ch. 102, § 9, relating to civil liability, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

History: Laws 1998, ch. 82, § 1; § 24-17A-1, recompiled and amended as § 24A-5-1 by Laws 2024, ch. 39, § 46.

History: Laws 1998, ch. 82, § 2; § 24-17A-2, recompiled as § 24A-5-2 by Laws 2024, ch. 39, § 132.

History: Laws 1998, ch. 82, § 3; § 24-17A-3, recompiled and amended as § 24A-5-3 by Laws 2024, ch. 39, § 47.

History: Laws 1998, ch. 82, § 4; § 24-17A-4, recompiled as § 24A-5-4 by Laws 2024, ch. 39, § 132.

History: Laws 1998, ch. 82, § 5; § 24-17A-5, recompiled as § 24A-5-5 by Laws 2024, ch. 39, § 132.

A. The aging and long-term services department shall permit any senior center to coordinate the planting, cultivation, growing, tending and harvesting by senior center staff and senior participants of edible fruits and vegetables on the senior center's premises for inclusion in f…

History: Laws 2021, ch. 111, § 1; § 24-17B-1, recompiled and amended as § 24A-6-1 by Laws 2024, ch. 39, § 48.

History: Laws 2021, ch. 111, § 2; 2023, ch. 163, § 1; § 24-17B-2, recompiled and amended as § 24A-6-2 by Laws 2024, ch. 39, § 49.

History: Laws 2021, ch. 111, § 3; 2023, ch. 163, § 2; § 24-17B-3, recompiled and amended as § 24A-6-3 by Laws 2024, ch. 39, § 50.

History: Laws 2021, ch. 111, § 4; 2023, ch. 163, § 3; § 24-17B-4, recompiled and amended as § 24A-6-4 by Laws 2024, ch. 39, § 51.

History: Laws 2021, ch. 111, § 5; 2023, ch. 163, § 4; § 24-17B-5, recompiled and amended as § 24A-6-5 by Laws 2024, ch. 39, § 52.

Chapter 24, Article 19 NMSA 1978 may be cited as the "Children's Trust Fund Act". History: Laws 1986, ch. 15, § 1; 2005, ch. 65, § 1.

A. The "next generation fund" is created in the state treasury. The next generation fund may be used for any purpose enumerated in Section 24-19-2 NMSA 1978. All income received from investment of the fund shall be credited to the fund. No money appropriated to the fund or otherw…