Chapter 12 — Chapter 12

The contract entered, subject to approval of the New Mexico legislature, between The Michie Company of Charlottesville, Virginia, and the compilation commission on January 7, 1977, to publish a 1978 compilation of the New Mexico Statutes Annotated is hereby ratified and approved.…

The increased fee levied by this act [12-1-9, 12-1-10 NMSA 1978] shall apply to all actions filed on or after July 1, 1967. History: 1953 Comp., § 1-1-8.1, enacted by Laws 1967, ch. 222, § 2.

The New Mexico compilation commission is authorized to anticipate the proceeds of the collection of any or all of the taxes or fees on civil actions hereinabove provided for by the issuance and sale of New Mexico compilation commission debentures, in such amounts not to exceed ou…

Said debentures shall be sold by the state treasurer to the highest bidder for cash at not less than par and accrued interest at such times and in such amounts as may be determined by the New Mexico compilation commission, after advertising the time and place of sale in such mann…

The issuance and sale of such debentures shall constitute and be an irrevocable and irrepealable contract between the state of New Mexico and the owner of any said debentures, that the taxes or fees pledged for the payment thereof at the rate now provided by this act shall not be…

The proceeds of the sale of said debentures shall be placed to the credit of the New Mexico compilation fund, except such amount as may have been paid as accrued interest, which amount shall be credited to a special interest fund for payment of interest on such debentures. The ex…

The "New Mexico compilation commission" is created. The commission consists of the chief justice of the supreme court or a justice designated by the chief justice, who shall act as president of the commission; the clerk of the supreme court; the attorney general or a deputy or as…

The New Mexico compilation commission, acting on the advice and approval of an advisory committee appointed by the New Mexico supreme court, may: A. provide for official, annotated compilations of the New Mexico statutes and court rules as approved by the supreme court and all ot…

A. The New Mexico compilation commission shall keep current the automated legal databases, known as the official "master database", of the following legal publications, including any revisions, and shall provide free online access to these publications: (1) all appellate court op…

History: 1941 Comp., § 1-122, enacted by Laws 1953, ch. 39, § 4; 1953 Comp., § 1-1- 4; Laws 1969, ch. 277, § 1; 1973, ch. 202, § 1; 1977, ch. 74, § 3; 1978, ch. 130, § 1; repealed by Laws 2019, ch. 74, § 10.

The "New Mexico compilation fund" is created as a nonreverting fund in the state treasury. The fund consists of filing, licensing and other fees; gifts, grants and donations; appropriations; and any other money credited to the fund. The fund shall be administered by the New Mexic…

History: 1941 Comp., § 1-124, enacted by Laws 1953, ch. 39, § 6; 1953 Comp., § 1-1- 6; repealed by Laws 2019, ch. 74, § 10.

Upon the annual certification of the compilation of 1978 by the New Mexico compilation commission, with the advice and approval of the advisory committee of the supreme court, the compilation shall be in force and recognized, referred to and used in all the courts and in all depa…

In carrying out the duties provided by law and contract, absent an expressed contrary legislative intent, the executive director of the New Mexico compilation commission and the advisory committee of the supreme court shall be governed by the following rules: A. if two or more ac…

Each district court clerk shall indicate the sum of twelve dollars ($12.00) from each civil case docket fee paid in the district court for credit to the New Mexico compilation fund, no part of which shall revert at the end of any fiscal year. Vouchers for expenditures from the fu…

In all statutes which: A. use the general term or terms "public officer," "public official," "officer" or any similar term signifying the same class of persons; and B. do not specifically define the term to include those excluded by this section; and C. which limit, prohibit or p…

A. For all medical, legal and statutory purposes, death occurs when an individual has sustained either: (1) irreversible cessation of circulatory or respiratory functions; or (2) irreversible cessation of all functions of the entire brain, including the brain stem. B. A determina…

ANNOTATIONS Repeals. — Laws 1993, ch. 174, § 84 repealed 12-2-5 NMSA 1978, as enacted by Laws 1973, ch. 168, § 2, relating to presumptive decedents, effective July 1, 1993. For provisions of former section, see 1992 NMSA 1978 on NMOneSource.com.

ANNOTATIONS Repeals. — Laws 1997, ch. 173 § 21 repealed 12-2-6 NMSA 1978, as enacted by Laws 1912, ch. 21, § 1, relating to repeal of a repealing act, effective July 1, 1997. For provisions of former section, see 1996 NMSA 1978 on NMOneSource.com. For present comparable provision…

A. This act [12-2A-1 to 12-2A-20 NMSA 1978] may be cited as the "Uniform Statute and Rule Construction Act". B. The Uniform Statute and Rule Construction Act applies to a statute enacted or rule adopted on or after the effective date of that act unless the statute or rule express…

A. If statutes appear to conflict, they must be construed, if possible, to give effect to each. If the conflict is irreconcilable, the later-enacted statute governs. However, an earlier-enacted specific, special or local statute prevails over a later-enacted general statute unles…

publication. If the text of an enrolled and engrossed bill differs from a later publication of the text, the enrolled and engrossed bill prevails. History: Laws 1997, ch. 173, § 11.

A. A statute or rule that incorporates by reference another procedural statute of New Mexico incorporates a later enactment or amendment of the other statute. B. A statute that incorporates by reference a rule of New Mexico does not incorporate a later adoption or amendment of th…

Headings and titles may not be used in construing a statute or rule unless they are contained in the enrolled and engrossed bill or rule as adopted. History: Laws 1997, ch. 173, § 13.

A statute or rule that is revised, whether by amendment or by repeal and reenactment, is a continuation of the previous statute or rule and not a new enactment to the extent that it contains substantially the same language as the previous statute or rule. History: Laws 1997, ch. …

The repeal of a repealing statute or rule does not revive the statute or rule originally repealed or impair the effect of a savings clause in the original repealing statute or rule. History: Laws 1997, ch. 173, § 15.

A. An amendment or repeal of a civil statute or rule does not affect a pending action or proceeding or a right accrued before the amendment or repeal takes effect. B. A pending civil action or proceeding may be completed and a right accrued may be enforced as if the statute or ru…

Citations in the following forms are adequate for all purposes: A. session laws: "Laws 1995, Chapter 1, Section 1" or "L. 1995, Ch. 1, § 1"; and B. annotated statutes: "§ 1-1-1 NMSA 1978" or "Section 1-1-1 NMSA 1978". History: Laws 1997, ch. 173, § 17.

A. A statute or rule is construed, if possible, to: (1) give effect to its objective and purpose; (2) give effect to its entire text; and (3) avoid an unconstitutional, absurd or unachievable result. B. A statute that is intended to be uniform with those of other states is constr…

The text of a statute or rule is the primary, essential source of its meaning. History: Laws 1997, ch. 173, § 19.

Unless a word or phrase is defined in the statute or rule being construed, its meaning is determined by its context, the rules of grammar and common usage. A word or phrase that has acquired a technical or particular meaning in a particular context has that meaning if it is used …

A. In considering the text of a statute or rule in light of Sections 2 through 7 [12-2A-2 to 12-2A-7 NMSA 1978] and Sections 18 and 19 [12-2A-18 and 12-2A-19 NMSA 1978] of the Uniform Statute and Rules Construction Act, and the context in which the statute or rule is applied, the…

In the statutes and rules of New Mexico: A. "annually" means per year; B. "age of majority" begins on the first instant of an individual's eighteenth birthday; C. "child" includes a child by adoption; D. "oath" includes an affirmation; E. "person" means an individual, corporation…

A. "Shall" and "must" express a duty, obligation, requirement or condition precedent. B. "May" confers a power, authority, privilege or right. C. "May not", "must not" and "shall not" prohibit the exercise of a power, authority, privilege or right. History: Laws 1997, ch. 173, § …

A. Use of the singular number includes the plural, and use of the plural number includes the singular. B. Use of a word of one gender includes corresponding words of the other genders. C. Use of a verb in the present tense includes the future tense. History: Laws 1997, ch. 173, §…

A reference to a series of numbers or letters includes the first and last number or letter. History: Laws 1997, ch. 173, § 6.

In computing a period of time prescribed or allowed by a statute or rule, the following rules apply: A. if the period is expressed in days, the first day of the period is excluded and the last day is included; B. if the period is expressed in weeks, the period ends on the day tha…

A statute or rule operates prospectively only unless the statute or rule expressly provides otherwise or its context requires that it operate retrospectively. History: Laws 1997, ch. 173, § 8.

If a provision of a statute or rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the statute or rule that can be given effect without the invalid provision or application, and to this end the …

The coat of arms of the state shall be the Mexican eagle grasping a serpent in its beak, the cactus in its talons, shielded by the American eagle with outspread wings, and grasping arrows in its talons; the date 1912 under the eagles and, on a scroll, the motto: "Crescit Eundo." …

The words and music of "Land of Enchantment - New Mexico", written by Michael Martin Murphy, Chick Raines and Don Cook, are declared to be the official state ballad. The words of the state ballad are as follows: I met a lady in my drifting days I quickly fell under the spell of h…

The poem "A Nuevo Mexico", written by Luis Tafoya in January 1911, is declared to be the official state poem. The poem, with its English translation, is as follows: "Levanta, Nuevo Mexico, esa abatida frente que anubla los encantos de tu serena faz, y alborozado acoje corona refu…

A. The words and music of "New Mexico -- Mi Lindo Nuevo Mexico", written by Pablo Mares, are declared to be the state bilingual song. The words are: I'm singing a song of my homeland Most wonderful place that I've seen. My song cannot fully describe it I call it land of my dreams…

Under the provisions of 40 U.S.C. Section 187, New Mexico designates Senator Dennis Chavez as an illustrious citizen of the state worthy of national commemoration and directs that a marble or bronze statue of his likeness be placed in national statuary hall in Washington. History…

There is created the "statuary hall commission" consisting of the governor as chairman and four other citizens of the state appointed by the governor. The commission shall raise not to exceed twenty thousand dollars ($20,000) by voluntary contributions and cause to be made a marb…

The "statuary hall commission" is created. The commission shall be composed of no more than nine persons, the chairman of which shall be the governor and the membership of which shall include the state treasurer, the state cultural affairs officer, the executive director of the N…

The statuary hall commission shall: A. meet at the call of the governor but shall meet no fewer than four times per year; B. determine the process necessary for New Mexico to have a second statue placed in the national statuary hall; C. develop procedures for the funding of the s…

The Anderson-Abruzzo international balloon museum is the official balloon museum of New Mexico. History: Laws 1999, ch. 2, § 1 and 1999, ch. 3, § 1.

The New Mexico sunrise guitar is adopted as the official guitar of New Mexico. History: Laws 2009, ch. 27, § 1.

The words and music of "Under New Mexico Skies", written by Syd Masters, are declared to be the official state cowboy song. The words of the state cowboy song are as follows: "(first verse) Where the Piñon Mesa rolls And the campfire cures your woes Watchin' the sly roadrunner fl…