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SENATE BILL 318
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Joseph Cervantes
AN ACT
RELATING TO FIREARMS; INCLUDING FIREARMS AND DESTRUCTIVE
DEVICES IN THE UNFAIR PRACTICES ACT; EXPANDING PRIVATE REMEDIES
FOR UNFAIR, DECEPTIVE AND UNCONSCIONABLE TRADE PRACTICES;
MAKING TECHNICAL CHANGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 53-17-2 NMSA 1978 (being Laws 1967,
Chapter 81, Section 104) is amended to read:
"53-17-2. POWERS OF FOREIGN CORPORATION.--A foreign
corporation [which] that has received a certificate of
authority under the Business Corporation Act consents to
general personal jurisdiction in this state and shall, until a
certificate of revocation or of withdrawal has been issued as
provided in the Business Corporation Act, enjoy the same, but
no greater, rights and privileges as a domestic corporation
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organized for the purposes set forth in the application
pursuant to which the certificate of authority is issued; and,
except as otherwise provided in the Business Corporation Act,
is subject to the same duties, restrictions, penalties and
liabilities now or hereafter imposed upon a domestic
corporation of like character."
SECTION 2. Section 57-12-2 NMSA 1978 (being Laws 1967,
Chapter 268, Section 2, as amended) is amended to read:
"57-12-2. DEFINITIONS.--As used in the Unfair Practices
Act:
A. "destructive device" means any:
(1) explosive, incendiary or poison gas:
(a) bomb;
(b) grenade;
(c) rocket having a propellant charge of
more than four ounces;
(d) missile having an explosive or
incendiary charge of more than one-fourth ounce;
(e) mine; or
(f) similar device;
(2) type of weapon by whatever name known that
will, or that may be readily converted to, expel a projectile
by the action of an explosive or other propellant, the barrel
or barrels of which have a bore of more than one-half inch in
diameter, except a shotgun shell that is generally recognized
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as particularly suitable for sporting purposes;
(3) combination of parts either designed or
intended for use in converting a device into a destructive
device as defined in Paragraphs (1) and (2) of this subsection
and from which a destructive device may be readily assembled;
and
(4) device that is designed to convert a
semiautomatic firearm to fire more than one round through the
single activation of a trigger;
B. "destructive device" does not include any device
that is neither designed nor redesigned for use as a weapon or
any device, although originally designed for use as a weapon,
that is redesigned for use as a signaling, pyrotechnic, line-
throwing, safety or similar device;
C. "firearm" means any weapon that will or is
designed to or may readily be converted to expel a projectile
by the action of an explosion; the frame or receiver of any
such weapon; or any firearm muffler or firearm silencer.
"Firearm" includes any handgun, rifle or shotgun; but does not
include an antique firearm as defined in 18 U.S.C. Section
921(16), a powder-actuated tool or other device designed to be
used for construction purposes, an emergency flare or a firearm
in permanently inoperable condition;
D. "firearm accessory" means:
(1) any device specifically adapted to enable:
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(a) the wearing or carrying about one's
person of a firearm; or
(b) the storage or mounting in or on any
conveyance of a firearm; and
(2) any attachment or device specifically
adapted to be inserted into or affixed onto any firearm to
enable, alter or improve the functioning or capabilities of the
firearm;
E. "firearm part" means any component part of a
firearm, including ammunition;
F. "online marketplace" means any person, business
or other entity that hosts, publishes or operates an
electronically accessed platform that facilitates or enables
third-party sellers to transact or engage in the sale,
purchase, payment, storage, shipping or delivery of goods or
services in New Mexico;
[A.] G. "person" means, where applicable, natural
persons, corporations, trusts, partnerships, associations,
cooperative associations, clubs, companies, firms, joint
ventures or syndicates;
H. "seller" means any person, business or other
entity that sells or offers to sell any products or services in
New Mexico or for delivery to New Mexico;
[B.] I. "seller-initiated telephone or internet
sale" means a sale, lease or rental of goods or services in
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which the seller or the seller's representative solicits the
sale by telephoning, [the ] electronic mailing, internet
marketing, soliciting through a website or computer program or
application a prospective purchaser and in which the sale is
consummated entirely by telephone, [or ] mail, [but does not
include a transaction:
(1) in which a person solicits a sale from a
prospective purchaser who has previously made an authorized
purchase from the seller's business; or
(2) in which the purchaser is accorded the
right of rescission by the provisions of the federal Consumer
Credit Protection Act, 15 U.S.C. 1635, or regulations issued
pursuant thereto] electronic mail or other online
communication;
J. "third-party seller" means any seller,
independent of an online marketplace, that sells, offers to
sell or contracts to sell a consumer product in New Mexico
through an online marketplace;
[C.] K. "trade" or "commerce" includes the
manufacturing, advertising, offering for sale or distribution,
[of any] distribution or delivery of any goods, products ,
services [and any], property and any other article, commodity
or thing of value, including:
(1) any trade or commerce [directly or
indirectly affecting the people of this state ] with a person in
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New Mexico or to a location within this state; or
(2) any trade or commerce by a person,
business or other entity that systematically serves a market in
New Mexico for the same or similar goods or services at issue
in any action brought in this state whether or not the specific
goods and services were purchased in New Mexico, which shall be
deemed, to the maximum extent permitted under the doctrine of
interstate federalism, to create specific jurisdiction against
a person, business or other entity that has:
(a) enjoyed the benefits and protection
of the laws of New Mexico;
(b) benefited from the ability to
enforce contracts, defend property or form effective markets in
New Mexico; or
(c) sold or otherwise placed a product
of goods into the national market or the stream of commerce;
[D.] L. "unfair or deceptive trade practice" means
an act specifically declared unlawful pursuant to the Unfair
Practices Act, a false or misleading oral or written statement,
visual description or other representation of any kind
knowingly made in connection with the sale, lease, rental or
loan of goods or services or in the extension of credit or in
the collection of debts by a person in the regular course of
the person's trade or commerce, that may, tends to or does
deceive or mislead any person and includes:
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(1) representing goods or services as those of
another when the goods or services are not the goods or
services of another;
(2) representing goods or services as legal to
purchase under the laws of New Mexico or the United States when
the goods or services are not legal to purchase under the laws
of New Mexico or the United States. No action shall be
maintained pursuant to this section based upon representations
or activities authorized under the Lynn and Erin Compassionate
Use Act or the Cannabis Regulation Act;
[(2)] (3) causing confusion or
misunderstanding as to the source, sponsorship, approval or
certification of goods or services;
[(3)] (4) causing confusion or
misunderstanding as to affiliation, connection or association
with or certification by another;
[(4)] (5) using deceptive representations or
designations of geographic origin in connection with goods or
services;
[(5)] (6) representing that goods or services
have sponsorship, approval, characteristics, ingredients, uses,
benefits or quantities that they do not have or that a person
has a sponsorship, approval, status, affiliation or connection
that the person does not have;
[(6)] (7) representing that goods are original
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or new if they are deteriorated, altered, reconditioned,
reclaimed, used or secondhand;
[(7)] (8) representing that goods or services
are of a particular standard, quality or grade, [or ] that the
goods meet the warranty of merchantability or are fit for a
particular purpose or are of a particular style or model if
they are of another;
[(8)] (9) disparaging the goods, services or
business of another by false or misleading representations;
[(9)] (10) offering goods or services with
intent not to supply them in the quantity requested by the
prospective buyer to the extent of the stock available, unless
the purchaser is purchasing for resale;
[(10)] (11) offering goods or services with
intent not to supply reasonable expectable public demand;
[(11)] (12) making false or misleading
statements of fact concerning the price of goods or services,
the prices of competitors or one's own price at a past or
future time or the reasons for, existence of or amounts of
price reduction;
[(12)] (13) making false or misleading
statements of fact for the purpose of obtaining appointments
for the demonstration, exhibition or other sales presentation
of goods or services;
[(13)] (14) packaging goods for sale in a
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container that bears a trademark or trade name identified with
goods formerly packaged in the container, without
authorization, unless the container is labeled or marked to
disclaim a connection between the contents and the trademark or
trade name;
[(14)] (15) using exaggeration, innuendo or
ambiguity as to a material fact or failing to state a material
fact if doing so deceives or tends to deceive;
[(15)] (16) stating that a transaction
involves rights, remedies or obligations that it does not
involve;
[(16)] (17) stating that services,
replacements or repairs are needed if they are not needed;
[(17)] (18) failing to deliver the quality or
quantity of goods or services contracted for;
[(18)] (19) violating the Tobacco Escrow Fund
Act; [or]
[(19)] (20) offering or providing unposted or
unadvertised pricing or service based on the buyer's gender or
perceived gender identity; provided, however, that this
provision does not apply to persons regulated by the office of
superintendent of insurance pursuant to the New Mexico
Insurance Code; [and] or
(21) knowingly manufacturing, advertising,
distributing or offering for sale a firearm, destructive
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device, firearm part or firearm accessory contrary to the laws
of New Mexico or the United States; and
[E.] M. "unconscionable trade practice" means an
act or practice in connection with the sale, lease, rental or
loan, or in connection with the offering for sale, lease,
rental or loan, of any goods or services, including goods or
services offered for sale by an online marketplace whether
directly or by a third-party seller, and including services
provided by licensed professionals, or in the extension of
credit or in the collection of debts that to a person's
detriment:
(1) takes advantage of the lack of knowledge,
ability, experience or capacity of a person to a grossly unfair
degree; [or]
(2) results in a gross disparity between the
value received by a person and the price paid; or
(3) violates state or federal law ."
SECTION 3. Section 57-12-3.1 NMSA 1978 (being Laws 1991,
Chapter 28, Section 1) is amended to read:
"57-12-3.1. UNAUTHORIZED USE OF DELIVERY CONTAINER
PROHIBITED.--
A. It [shall be] is an unlawful practice within the
meaning of the Unfair Practices Act for any person to:
(1) remove [the] an owner's container from the
owner's or a recipient's premises or parking area without the
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permission of the owner or recipient;
(2) possess or use [the ] an owner's container
if it has been removed from the owner's or recipient's premises
or parking area without the permission of the owner or
recipient;
(3) alter, convert, destroy or tamper with
[the] an owner's container without permission of the owner or
recipient; or
(4) sell [the] an owner's container to or
purchase [the] an owner's container from someone other than the
owner without the permission of the owner.
B. As used in this section:
(1) "bakery rack" means a metal frame that
holds bakery trays or other bakery products and that is used by
a bakery, distributor or retailer or its agent as a means to
transport, store or carry bakery products;
(2) "bakery tray" means a wire or plastic
receptacle that holds bread, buns or other baked goods and that
is used by a bakery, distributor or retailer or its agent as a
means to transport, store or carry bakery products;
(3) "owner's container" means a bakery rack,
bakery tray, dairy case, egg basket, poultry box, shopping cart
or pallet;
(4) "dairy case" means a plastic receptacle
that holds sixteen quarts or more of beverage and that is used
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by a dairy, distributor or retailer or its agent as a means to
transport, store or carry dairy products;
(5) "pallet" means a wooden or plastic base
that allows stacks of merchandise to be placed upon it and that
provides a space and support beneath the stack for forklift
handling;
(6) "parking area" means a lot or other
property provided by a recipient for the use of its customers
to park vehicles while at the recipient's establishment;
(7) "poultry box" means a permanent type of
container that is used by a processor, distributor, retailer or
food service establishment or an agent of one of those persons
to transport, store or carry poultry;
(8) "recipient" means a person, firm,
corporation or association that is authorized by the owner to
use an owner's container; and
(9) "shopping cart" means a basket that is
mounted on wheels, or a similar device, that is generally used
in a retail establishment by a customer to transport goods of
any kind.
C. No civil action shall be maintained pursuant to
this section against any person who returns to its owner within
sixty days after the effective date of this section a container
that was unlawfully obtained."
SECTION 4. Section 57-12-7 NMSA 1978 (being Laws 1967,
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Chapter 268, Section 6, as amended) is amended to read:
"57-12-7. EXEMPTIONS.--Nothing in the Unfair Practices
Act shall apply to actions or transactions:
A. expressly permitted [under laws administered ] by
the laws of the United States or New Mexico or by a regulatory
body of New Mexico or the United States; [but all actions or
transactions forbidden by the regulatory body, and about which
the regulatory body remains silent, are subject to the Unfair
Practices Act]
B. for which a person, business or other entity is
immune from suit under the laws of the United States or New
Mexico or by a regulatory body of New Mexico or the United
States; or
C. without including any allegation or proof
specifically required by the laws of the United States or New
Mexico, including where explicitly required:
(1) proximate cause resulting in harm; or
(2) establishing that the actions or
transactions giving rise to claims made pursuant to the Unfair
Practices Act occurred, in whole or in part, inside New
Mexico."
SECTION 5. Section 57-12-8 NMSA 1978 (being Laws 1967,
Chapter 268, Section 7, as amended) is amended to read:
"57-12-8. RESTRAINT OF PROHIBITED ACTS--REMEDIES FOR
VIOLATIONS.--
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A. Whenever the attorney general has reasonable
belief that [any] a person is using, has used or is about to
use any method, act or practice [which ] that is declared by the
Unfair Practices Act to be unlawful and that proceedings would
be in the public interest, [he ] the attorney general may bring
an action in the name of the state alleging violations of the
Unfair Practices Act. The action may be brought in the
district court of the county in which the person resides or has
[his] the person's principal place of business or in the
district court in [any ] a county in which the person is using,
has used or is about to use the practice [which ] that has been
alleged to be unlawful under the Unfair Practices Act. The
attorney general acting on behalf of the state [of New Mexico ]
shall not be required to post bond when seeking a temporary or
permanent injunction in such action.
B. In [any] an action filed pursuant to the Unfair
Practices Act, including an action with respect to unimproved
real property, the attorney general may petition the district
court for temporary or permanent injunctive relief and
restitution."
SECTION 6. Section 57-12-9 NMSA 1978 (being Laws 1971,
Chapter 240, Section 3, as amended) is amended to read:
"57-12-9. SETTLEMENTS.--
A. In lieu of beginning or continuing an action
pursuant to the Unfair Practices Act, the attorney general may
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accept a written assurance of discontinuance of any practice in
violation of the Unfair Practices Act from the person who has
engaged in the unlawful practice. The attorney general may
require an agreement by the person engaged in the unlawful
practice that, by the date set by the attorney general and
stated in the assurance, [he ] the person will make restitution
to all persons of money, property or other things received from
them in any transaction related to the unlawful practice. All
settlements are a matter of public record but are not
admissible against [any ] a defendant in [any] an action brought
by any other person or public body against [such ] the defendant
under the Unfair Practices Act [and do not constitute a basis
for the introduction of the assurance of discontinuance as
prima facie evidence against such defendant in any action or
proceeding].
B. A person need not accept restitution pursuant to
an assurance. [His] Acceptance of restitution bars recovery of
[any] damages in [any] an action by [him] the person or on
[his] the person's behalf against the same defendant on account
of the same unlawful practice unless the defendant fails to
make restitution as agreed .
C. A violation of an assurance entered into
pursuant to this section is a violation of the Unfair Practices
Act."
SECTION 7. Section 57-12-10 NMSA 1978 (being Laws 1967,
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Chapter 268, Section 8, as amended) is amended to read:
"57-12-10. PRIVATE REMEDIES.--
A. A person likely to be damaged by an unfair or
deceptive trade practice or by an unconscionable trade practice
of another may be granted an injunction against it 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 ] a person is
not required. Relief granted for the copying of an article
shall be limited as to the prevention of confusion or
misunderstanding as to source.
B. Any person who suffers any loss of money or
property, real or personal, as a result of any employment by
another person of a method, act or practice declared unlawful
by the Unfair Practices Act may bring an action to recover
actual damages or the sum of [one hundred dollars ($100) ] ten
thousand dollars ($10,000) , whichever is greater. Where the
trier of fact finds that the party charged with an unfair or
deceptive trade practice or an unconscionable trade practice
has willfully engaged in the trade practice, the court may
award up to three times actual damages or [three hundred
dollars ($300)] ten thousand dollars ($10,000) , whichever is
greater, to the party complaining of the practice.
C. A person aware of an unfair or deceptive trade
practice or an unconscionable trade practice of another
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involving the manufacture, marketing, distributing, sale or
offering for sale of a firearm, destructive device, firearm
part or firearm accessory that violates New Mexico or federal
law may be granted an injunction against the practice under the
principles of equity and on terms that the court considers
reasonable and shall be awarded two hundred fifty thousand
dollars ($250,000) per violation.
D. Proof of a claim involving the manufacture,
marketing, distributing, sale or offering for sale of a
firearm, destructive device, firearm part or firearm accessory
or other unfair trade practice or an unconscionable trade
practice shall comply with the specific requirements placed on
such a claim by the Unfair Practices Act. Beyond those
specific requirements, proof of monetary damage, loss of
profits or intent to deceive or take unfair advantage of any
person is not required.
[C.] E. The court shall award attorney fees and
costs to the party complaining of an unfair or deceptive trade
practice or unconscionable trade practice if the party
prevails. The court shall award attorney fees and costs to the
party charged with an unfair or deceptive trade practice or an
unconscionable trade practice if it finds that the party
complaining of such trade practice brought an action that the
party knew was groundless at the time it was initiated .
[D.] F. The relief provided in this section is in
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addition to remedies otherwise available against the same
conduct under the common law or other statutes of this state.
[E.] G. In [any] a class action filed under this
section, the court may award damages to the named plaintiffs as
provided in Subsection B of this section and may award members
of the class such actual damages as were suffered by each
member of the class as a result of the unlawful method, act or
practice.
[F. A party to a court action for a private remedy
pursuant to this section may request in writing during the
thirty-day period following service of the summons and
complaint on all parties named in the action that the parties
attempt to settle the claim in early mediation. If a request
for mediation is made, the parties shall choose a mutually
acceptable mediator and enter into mediation within sixty days
of the appointment of an acceptable mediator unless otherwise
agreed by the parties. A request for mediation may be
rescinded at any time if agreed to by all parties.
G. If the parties do not agree on a mutually
acceptable mediator, the court shall appoint the mediator. If
the early mediation pursuant to this section is entered into
within sixty days following the appointment of the mediator,
the parties suing on the basis of unfair, deceptive or
unconscionable trade practices or acts under the Unfair
Practices Act shall be required to pay no more than fifty
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dollars ($50.00) toward the cost of the mediation and the other
party shall pay the remainder of such cost, unless otherwise
agreed by the parties. If a person is seeking injunctive
relief in accordance with Subsection A of this section, the
person may pursue the claim for injunctive relief without
following the mediation requirements of this subsection and
Subsection F of this section. ]
H. Multiple parties acting in concert to
manufacture, advertise, distribute or offer for sale a firearm,
destructive device, firearm part or firearm accessory, which
would violate the laws of New Mexico or the United States,
shall be jointly and severally liable for any violations of the
Unfair Practices Act.
I. An online marketplace that offers for sale or
allows third-party sellers to offer for sale a firearm,
destructive device, firearm part or firearm accessory, the
manufacture, advertising, distribution or sale of which would
violate the laws of New Mexico or the United States, shall be
jointly and severally liable for any violations of the Unfair
Practices Act that occurred on the online marketplace.
J. In any action brought pursuant to the Unfair
Practices Act against a third-party seller on an online
marketplace, the online marketplace shall comply with validly
issued subpoenas that seek information about a third-party
seller.
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K. A willful failure or refusal to respond to a
subpoena described in Subsection J of this section shall itself
be a violation of the Unfair Practices Act, for which the court
shall award the requesting party statutory damages of:
(1) two hundred fifty thousand dollars
($250,000) and attorney fees and costs if the subpoena was
issued in an action involving an allegation that a third-party
seller violated the Unfair Practices Act while manufacturing,
advertising, distributing or selling a firearm, destructive
device, firearm part or firearm accessory in violation of the
laws of New Mexico or the United States; or
(2) ten thousand dollars ($10,000) and
attorney fees and costs if the subpoena was issued in an action
involving any other allegations actionable under the Unfair
Practices Act.
L. An online marketplace, seller or third-party
seller that does not maintain a place of business in the United
States or that conceals its place of business and offers goods
or services for sale inside New Mexico shall be deemed, such
that a suit may be maintained against the online marketplace,
seller or third-party seller without violating the standards of
fair play and substantial justice, to have:
(1) minimum contacts with New Mexico;
(2) invoked the benefits and protections of
the laws of New Mexico;
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(3) purposely availed itself of the privileges
of conducting activities within New Mexico; and
(4) reasonably anticipated being haled into a
court within New Mexico. "
SECTION 8. Section 57-12-11 NMSA 1978 (being Laws 1970,
Chapter 38, Section 2) is amended to read:
"57-12-11. CIVIL PENALTY.--In any action brought under
Section [49-15-7 NMSA 1953 ] 57-12-8 NMSA 1978, if the court
finds that a person is willfully using or has willfully used a
method, act or practice declared unlawful by the Unfair
Practices Act, the attorney general, upon petition to the
court, may recover on behalf of the state [of New Mexico ] a
civil penalty [of] not exceeding [five thousand dollars
($5,000)] twenty-five thousand dollars ($25,000) per violation,
unless the violation involved the manufacturing, advertising,
distribution or sale of a firearm, in which case the attorney
general may petition the court for a civil penalty not
exceeding two hundred fifty thousand dollars ($250,000) per
violation."
SECTION 9. Section 57-12-12 NMSA 1978 (being Laws 1967,
Chapter 268, Section 10) is amended to read:
"57-12-12. CIVIL INVESTIGATIVE DEMAND.--
A. Whenever the attorney general has reason to
believe that [any] a person may be in possession, custody or
control of an original or copy of [any ] a book, record, report,
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memorandum, paper, communication, tabulation, map, chart,
photograph, mechanical transcription or other tangible document
or recording [which he ] that the attorney general believes to
be relevant to the subject matter of an investigation of a
probable violation of the Unfair Practices Act, [he ] the
attorney general may, prior to the institution of a civil
proceeding, execute in writing and cause to be served upon the
person a civil investigative demand requiring [such ] the person
to produce documentary material and permit the inspection and
copying of the material. The demand of the attorney general
shall not be a matter of public record and shall not be
published by [him] the attorney general except by order of the
court.
B. Each demand shall:
(1) state the general subject matter of the
investigation;
(2) describe the classes of documentary
material to be produced with reasonable certainty; and
(3) prescribe the return date within which the
documentary material is to be produced, which in no case shall
be less than ten days after the date of service. [and
(4) identify the members of the attorney
general's staff to whom such documentary material is to be made
available for inspection and copying. ]
C. No demand shall:
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(1) contain [any] a requirement [which] that
would be unreasonable or improper if contained in a subpoena
duces tecum issued by a court of this state; [or ]
(2) require the disclosure of any documentary
material [which] that would be privileged or [which ] that for
any other reason would not be required by a subpoena duces
tecum issued by a court of this state; or
(3) require the removal of any documentary
material from the custody of the person upon whom the demand is
served except in accordance with the provisions of Subsection E
of this section.
D. Service of the demand may be made by:
(1) delivering a duly executed copy [thereof ]
to the person to be served or, if the person is not a natural
person, to the statutory agent for the person or to [any ] an
officer of the person to be served; [or ]
(2) delivering a duly executed copy [thereof ]
to the principal place of business in this state of the person
to be served; or
(3) mailing by registered or certified mail a
duly executed copy of the demand addressed to the person to be
served at [his] the person's principal place of business in
this state or, if the person has no place of business in this
state, to [his] the person's principal office or place of
business.
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E. Documentary material demanded pursuant to the
provisions of this section shall be produced for inspection and
copying during normal business hours at the principal office or
place of business of the person served or may be inspected and
copied at such other times and places as may be agreed upon by
the person served and the attorney general.
F. [No] Documentary material produced pursuant to a
demand, or copies thereof, shall, unless otherwise ordered by
the district court in the county in which the person resides or
has [his] the person's principal place of business or is about
to perform or is performing the practice [which ] that is
alleged to be unlawful under the Unfair Practices Act, [for
good cause shown] be [produced for inspection or copying by
anyone other than an authorized employee of the attorney
general nor shall the contents thereof be disclosed to anyone
other than an authorized employee of the attorney general or in
court in an action relating to a violation of the ] subject to
the Inspection of Public Records Act and discoverable by any
party to an action brought pursuant to the Unfair Practices
Act.
G. At any time before the return date of the
demand, a petition to set aside the demand, modify the demand
or extend the return date [thereon ] on the demand may be filed
in the district court in the county in which the person resides
or has [his] the person's principal place of business or is
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about to perform or is performing the practice [which ] that is
alleged to be unlawful under the Unfair Practices Act, and the
court upon a showing of good cause may set aside the demand,
modify it or extend the return date of the demand.
H. After service of the investigative demand upon
[him] the person, if [any] the person neglects or refuses to
comply with the demand, the attorney general may invoke the aid
of the court in the enforcement of the demand. In appropriate
cases, the court shall issue its order requiring the person to
appear and produce the documentary material required in the
demand and may, upon failure of the person to comply with the
order, punish the person for contempt.
I. This section shall not be applicable to criminal
prosecutions."
SECTION 10. Section 57-12-15 NMSA 1978 (being Laws 1967,
Chapter 268, Section 12) is amended to read:
"57-12-15. ENFORCEMENT.--In order to promote the uniform
administration of the Unfair Practices Act in New Mexico, the
attorney general is to be responsible for its enforcement, but
[he] the attorney general may in appropriate cases delegate
this authority to the district attorneys of the state, and when
this is done, the district attorneys shall have every power
conferred upon the attorney general by the Unfair Practices
Act."
SECTION 11. Section 57-12-16 NMSA 1978 (being Laws 1967,
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Chapter 268, Section 13, as amended) is amended to read:
"57-12-16. ADVERTISING MEDIA EXCLUDED.--The Unfair
Practices Act does not apply to publishers, broadcasters,
printers or other persons engaged in the dissemination of
information or reproduction of printed or pictorial matters who
publish, broadcast or reproduce material without knowledge of
its deceptive or unconscionable character, unless the
publication, broadcast or reproduction violates the laws of New
Mexico or the United States ."
SECTION 12. A new section of the Unfair Practices Act,
Section 57-12-3.2 NMSA 1978, is enacted to read:
"57-12-3.2. [NEW MATERIAL ] UNLAWFUL MANUFACTURE,
ADVERTISING, DISTRIBUTION OR SALE OF A FIREARM PROHIBITED.--It
shall be an unlawful practice within the meaning of the Unfair
Practices Act for any person to violate:
A. the provisions of Section 30-7-7 NMSA 1978; or
B. the laws of New Mexico or the United States
controlling the manufacture, advertising, distribution or sale
of firearms."
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