Chapter 57 — Chapter 57

History: Laws 2001, ch. 68, § 6; repealed by Laws 2007, ch. 213, § 6.

All material and work covered by partial payments become the property of the owner, but the contractor and subcontractor are not relieved from the sole responsibility for the care and protection of materials and work for which payments have been made; provided, however, the contr…

Ten days after certification of completion, any amounts remaining due the contractor or subcontractor under the terms of the contract shall be paid upon the presentation of the following: A. a properly executed release and duly certified voucher for payment; B. a release, if requ…

History: Laws 2001, ch. 68, § 9; repealed by Laws 2007, ch. 213, § 6.

A. A provision of a construction contract, agreement, understanding, specification or other documentation that is made part of a construction contract for an improvement to real property in New Mexico is void, unenforceable and against the public policy of the state if the provis…

A contract, agreement or arrangement between a pharmacy and a wholesaler, distributor or pharmacy benefit manager for the provision of prescription drugs for resale shall not include a provision requiring the pharmacy to enter into any other contract, agreement or arrangement wit…

Chapter 57, Article 30 NMSA 1978 may be cited as the "Sale of Recycled Metals Act". History: Laws 2008, ch. 29, § 1; 2012, ch. 29, § 1; 2012, ch. 33, § 1.

The superintendent has authority to promulgate reasonable regulations for the administration and enforcement of the Sale of Recycled Metals Act and is expressly authorized to make regulations regarding records of purchase of regulated material and the database required pursuant t…

A secondhand metal dealer shall not process or permit to be removed from the dealer's premises regulated material until at least twenty-four hours have elapsed since the dealer acquired the regulated material. History: Laws 2008, ch. 29, § 11; 2012, ch. 29, § 10; 2012, ch. 33, § …

A person shall not, with the intent to deceive: A. display to a secondhand metal dealer a false or invalid personal identification document in connection with the person's attempted sale of regulated material; B. make a false material statement or representation to a secondhand m…

A. A person who violates any provision of the Sale of Recycled Metals Act may be assessed a civil penalty by the superintendent not to exceed one thousand dollars ($1,000) per violation. B. The superintendent may suspend or revoke the registration of a secondhand metal dealer whe…

The provisions of the Sale of Recycled Metals Act shall not apply to a purchase of regulated material from a manufacturing, industrial or other commercial vendor that sells regulated material in the ordinary course of the vendor's business. History: Laws 2008, ch. 29, § 15.

As used in the Sale of Recycled Metals Act: A. "aluminum material" means a product made from aluminum, an aluminum alloy or an aluminum byproduct. "Aluminum material" includes an aluminum beer keg but does not include other types of aluminum cans used to contain a food or beverag…

The department is authorized to issue registrations to secondhand metal dealers that buy or sell regulated material. Original and renewed registrations shall be valid for a period of three years from the date of issuance, unless the registration is suspended or revoked. History: …

application; fee. A. A secondhand metal dealer shall not buy or sell regulated material without a valid registration issued by the department. B. An application for registration shall be completed, under penalty of perjury, on a form designed and provided by the department and sh…

A. A secondhand metal dealer shall: (1) maintain a valid registration, issued by the department, and comply with the requirements of the Sale of Recycled Metals Act and rules promulgated pursuant to that act; (2) comply with all federal requirements for scrap metal dealers, inclu…

required; required record for catalytic converters. A. A secondhand metal dealer shall not knowingly purchase or otherwise receive any of the following without written documentation indicating that the seller or offeror is the rightful owner or has permission from the rightful ow…

A. A secondhand metal dealer shall at all times maintain in a prominent place in the dealer's place of business, in open view to a seller of regulated material, a notice in two- inch lettering that: (1) includes the following language: "A PERSON ATTEMPTING TO SELL REGULATED MATER…

A. A person attempting to sell regulated material to a secondhand metal dealer shall: (1) display to the secondhand metal dealer the person's personal identification document; (2) sign a written statement provided by the secondhand metal dealer that the person is the legal owner …

A. A secondhand metal dealer in this state shall keep an accurate and legible written record, in a form approved by the department, of each purchase made in the course of the dealer's business of: (1) copper or brass material; (2) bronze material; (3) lead material; (4) aluminum …

A secondhand metal dealer shall preserve each record required by Section 57-30-5 NMSA 1978 until the first anniversary of the date the record was made. History: Laws 2008, ch. 29, § 6; 2012, ch. 29, § 5; 2012, ch. 33, § 5.

A. Upon request, a secondhand metal dealer shall produce to a peace officer during the dealer's usual business hours the requested record of purchase as required by Section 57-30-5 NMSA 1978. B. If a peace officer determines, through an investigation or examination of the records…

A. As of January 1, 2014, a secondhand metal dealer shall, not later than the second business day after the date of the purchase or other acquisition of regulated material for which a record is required pursuant to Section 57-30-5 NMSA 1978, upload to the database maintained by t…

The department shall establish and maintain an electronic database containing the records required to be preserved pursuant to Section 57-30-6 NMSA 1978, which database shall be accessible to law enforcement agencies and the department. Records received by the department pursuant…

Sections 1 through 5 [57-31-1 to 57-31-5 NMSA 1978] of this act may be cited as the "Distributed Generation Disclosure Act". History: Laws 2017, ch. 102, § 1.

As used in the Distributed Generation Disclosure Act: A. "annual percentage rate" means the cost of credit, expressed as a yearly rate, that relates the amount and timing of value received by the consumer to the amount and timing of payments made; B. "business day" means any day …

exception. A. Beginning thirty days after publication in the New Mexico register of the form disclosure statements issued by the attorney general pursuant to Section 5 [57-31-5 NMSA 1978] of the Distributed Generation Disclosure Act, any agreement governing the financing, sale or…

A. Recurring payments under a distributed energy generation system lease or purchase agreement shall not begin until the distributed energy generation system is energized and interconnected. B. The Distributed Generation Disclosure Act does not apply to an individual or company, …

A. The attorney general shall adopt rules necessary to implement and enforce the provisions of the Distributed Generation Disclosure Act. The attorney general shall, by January 1, 2018, issue form disclosure statements that may be used to provide the disclosures required by the D…

Sections 1 through 10 [57-32-1 to 57-32-10 NMSA 1978] of this act may be cited as the "Patients' Debt Collection Protection Act". History: Laws 2021, ch. 31, § 1.

A. The attorney general shall enforce the provisions of the Patients' Debt Collection Protection Act and shall adopt rules in accordance with that act to provide for the protection of patients and their families and to assist market participants in interpreting that act. B. The a…

As used in the Patients' Debt Collection Protection Act: A. "collection action" means any of the following: (1) selling a person's medical debt to another party, including a medical debt collector, but not including medical debt as part of the assets and liabilities when selling …

program eligibility. A. In addition to any other actions required by applicable state or federal law or local government ordinance, health care facilities shall take the following steps before seeking payment for emergency or medically necessary care: (1) offer to and, if request…

A. For patients who are determined to be indigent patients, charges for health care services and medical debt shall not be pursued through collection actions. All collection actions through which charges for health care services and medical debt are pursued shall be terminated up…

screening. The department shall provide health care facilities and third-party health care providers with guidance on accessing available sources of funding for care that maximizes the use of funds in the following order of priority: A. federal funds; B. state funds; and C. other…

A. All bills sent from a health care facility, third-party health care provider or medical creditor to a patient shall include a complete and plain-language description of the date, amount and nature of all charges; if the patient is verified as having health insurance; if the he…

A. Within thirty business days of receipt of a payment on a medical debt, the health care facility, third-party health care provider, medical creditor, medical debt collector or their agents receiving the payment shall send a receipt to the person who made the payment. The receip…

A. Health care facilities and third-party health care providers shall annually report to the department how the following funds are used: (1) indigent care funds and safety net care pool funds pursuant to the Indigent Hospital and County Health Care Act [Chapter 27, Article 5 NMS…

A. A consumer shall not be required to exhaust any administrative remedies provided by the provisions of the Patients' Debt Collection Protection Act or other applicable law before seeking legal or equitable relief. B. A financial assistance policy or agreement between a patient …