reglab/housing_qa huggingface dataset:
NM Stat § 12-1-13 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 1 - Compilation Commission|Section 12-1-13 - [Pledge of fees levied.]

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 reduced as long as any of said debentures remain outstanding, and unpaid, and that the state will cause said taxes and fees to be promptly collected, remitted and set aside and applied to pay said debentures, and the interest thereon according to the terms thereof. Any holder of any of the debentures issued pursuant to the provisions of this act, or any person or officer being a party in interest may, either at law or in equity, by suit, action or mandamus, enforce and compel the performance of the duties required by this act of any officer or person herein mentioned. History: 1941 Comp., § 1-129, enacted by Laws 1953, ch. 39, § 12; 1953 Comp., § 1-1-12. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Meaning of "this act". — The words "this act" refer to Laws 1953, ch. 39, the compiled provisions of which appear as 12-1-2, 12-1-4 to 12-1-7, 12-1-11 to 12-1-14 NMSA 1978. When all fees are within terms of contract and pledge. — To the extent fees, or any portion thereof, are needed to carry out the provisions of § 1-1-12, (now Section 12-1-13 NMSA 1978) they are fees within the terms of the contract and pledge and hence reversion would not occur. 1958 Op. Att'y Gen. No. 58-134.
NM Stat § 12-1-14 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 1 - Compilation Commission|Section 12-1-14 - Proceeds from sale of debentures.

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 expenses incurred by the state treasurer in the preparation and sale of said debentures shall be paid out of said compilation fund. The proceeds from said debentures shall be used exclusively for the purposes for which said indebtedness is authorized and shall be paid out on warrants drawn by the secretary of finance and administration supported by vouchers of the New Mexico compilation commission. The state treasurer shall keep separate accounts for all moneys collected from the taxes or fees hereby imposed for the payment of the interest and to provide a sinking fund for said debentures respectively, and may from time to time invest the moneys in said sinking fund in any bonds or other securities issued by the United States of America or the state of New Mexico at their market value, provided, such bonds or other securities will mature before the maturity date of the debentures for which the sinking fund is created. History: 1941 Comp., § 1-130, enacted by Laws 1953, ch. 39, § 13; 1953 Comp., § 1-1-13; Laws 1977, ch. 247, § 8.
NM Stat § 12-2-2 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2 - Statutory Construction|Section 12-2-2 - Repealed.

ANNOTATIONSRepeals. — Laws 1997, ch. 173 § 21 repealed 12-2-1 and 12-2-2 NMSA 1978, as enacted or amended by or as compiled as Laws 1865-1866, p. 192, § 4, Laws 1880 ch. 6, § 32, C.L. 1884, §§ 1851, 2610; C.L. 1897, §§ 2900, 3784, Code 1915, §§ 5423, 5424, C.S. 1929, §§ 139-102, 139-401, 1941 Comp., §§ 1-201, 1-202, 1953 Comp., §§ 1-2-1, 1-2-2, Laws 1965, ch. 110, § 1, Laws 1969, ch. 132, § 1 and Laws 1973, ch. 138, § 1, providing that the original act governs and setting forth rules of construction, effective July 1, 1997. For provisions of former sections, see 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 12, Article 2A NMSA 1978.
NM Stat § 12-2-3 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2 - Statutory Construction|Section 12-2-3 - Officer defined for certain statutes.

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 penalize the ability, privilege or right of persons of that class to deal with the state, or any of its agencies or political subdivision [subdivisions], other than an agency or subdivision under the executive control or supervision of that person or a board or commission of which that person is a member, the term or terms shall be construed to mean a salaried public official who receives an annual, monthly or daily salary, or is compensated for his services in the form of fees. The term or terms shall not be construed to mean officers or officials who receive per diem expense and mileage only. History: 1953 Comp., § 1-2-2.1, enacted by Laws 1963, ch. 197, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
NM Stat § 12-2-4 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2 - Statutory Construction|Section 12-2-4 - Determination of death.

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 determination of death shall be made in accordance with accepted medical standards. C. Death is to be pronounced pursuant to the provisions of Subsection A of this section before artificial means of supporting circulatory or respiratory functions are terminated and before any vital organ is removed for purposes of transplantation, therapy, research or education in compliance with the provisions of the Jonathan Spradling Revised Uniform Anatomical Gift Act [24-6B-1 to 24-6B-25 NMSA 1978]. D. The definition of death set forth in Subsection A of this section is to be utilized for all purposes in this state, including civil and criminal actions, notwithstanding any other law to the contrary. History: 1978 Comp., § 12-2-4, enacted by Laws 1993, ch. 174, § 1; 2007, ch. 323, § 26. ANNOTATIONSRepeals and reenactments. — Laws 1993, ch. 174, § 1 repealed former 12-2-4 NMSA 1978, as enacted by Laws 1973, ch. 168, § 1, relating to death defined, and enacted a new section, effective July 1, 1993. The 2007 amendment, effective July 1, 2007, provided that death is to be pronounced before any vital organ is removed for purposes of therapy, research or education and changed the name of the act. Law reviews. — For lecture, "Euthanasia and the Right to Die: Nancy Cruzan and New Mexico," see 20 N.M.L. Rev. 675 (1990). Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Homicide § 1.5. Homicide: physician's withdrawal of life supports from comatose patient, 47 A.L.R.4th 18. 25 C.J.S. Death § 1.
NM Stat § 12-2-5 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2 - Statutory Construction|Section 12-2-5 - Repealed.

ANNOTATIONSRepeals. — 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.
NM Stat § 12-2-6 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2 - Statutory Construction|Section 12-2-6 - Repealed.

ANNOTATIONSRepeals. — 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 provisions, see 12-2A-15 NMSA 1978.
NM Stat § 12-2A-3 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-3 - General definitions.

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, business trust, estate, trust, partnership, limited liability company, association, joint venture or any legal or commercial entity; F. "personal property" means property other than real property; G. "personal representative" of a decedent's estate includes an administrator and executor; H. "population" means the number of individuals enumerated in the most recent federal decennial census; I. "property" means real and personal property; J. "real property" means an estate or interest in, over or under land and other things or interests, including minerals, water, structures and fixtures that by custom, usage or law pass with a transfer of land even if the estate or interest is not described or mentioned in the contract of sale or instrument of conveyance and, if appropriate to the context, the land in which the estate or interest is claimed; K. "rule" means a rule, regulation, order, standard or statement of policy, including amendments thereto or repeals thereof, promulgated by an administrative agency, that purports to affect one or more administrative agencies other than the promulgating agency or that purports to affect persons who are not members or employees of the promulgating agency; L. "sign" or "subscribe" includes the execution or adoption of any symbol by a person with the present intention to authenticate a writing; M. "state" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States; N. "swear" includes affirm; O. "will" includes a codicil; and P. "written" and "in writing" includes printing, engraving or any other mode of representing words and letters. History: Laws 1997, ch. 173, § 3. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997. County is body corporate therefore "person". — A county is fairly included as a body politic and corporate, to which the word "person" is extended. Donalson v. County of San Miguel, 1859-NMSC-001, 1 N.M. 263.
NM Stat § 12-2A-5 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-5 - Number, gender and tense.

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, § 5. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997. Singular includes the plural. — Courts have consistently construed enhancement statutes that are written in the singular as authorizing the imposition of multiple enhancements. State v. McClendon, 2001-NMSC-023, 130 N.M. 551, 28 P.3d 1092. When singular appears it can be construed as plural, and vice versa. New Mexico & S. Pac. R.R. Co. v. Madden, 1893-NMSC-018, 7 N.M. 215, 34 P. 50. Where intent determined it is appropriate to transpose words. — This section provides that words importing the plural number may be applied to one person or thing, for it is appropriate to transpose words and phrases to carry out the manifest intent where the purpose and intent of a statute has been determined. State ex rel. Dresden v. District Court, 1941-NMSC-013, 45 N.M. 119, 112 P.2d 506. Person includes persons. — While effect of a former statute similar to this section was that use of word "person" in statute included plural "persons," the homestead exemption statute could not be construed so as to permit individual partners an exemption of partnership assets equivalent to their homestead. In re Spitz Bros., 1896-NMSC-025, 8 N.M. 622, 45 P. 1122. Construing the term "owner". — Construing the term "owner" in 30-31-34G(2) NMSA 1978 to protect innocent co-owners as well as sole owners from forfeiture of their vehicles for drug use is not contrary to the legislature's intent and is a permissible extension of a singular term to include the plural under this rule of statutory construction. In re Forfeiture of One 1970 Ford Pickup, 1991-NMCA-124, 113 N.M. 97, 823 P.2d 339.
NM Stat § 12-2A-6 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-6 - Reference to series.

A reference to a series of numbers or letters includes the first and last number or letter. History: Laws 1997, ch. 173, § 6. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
NM Stat § 12-2A-9 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-9 - Severability.

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 provisions of the statute or rule are severable. History: Laws 1997, ch. 173, § 9. ANNOTATIONSEffective dates. — Laws 1997, ch. 173, § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997. When valid portion of partially invalid statute remains in force. — A part of the law may be unconstitutional and the remainder of it valid, where the objectionable part may be properly separated from the other without impairing the force and effect of the portion which remains, and where the legislative purpose as expressed in such valid portion can be accomplished and given effect, independently of the void provisions, and where if the entire act is taken into consideration it cannot be said that the enacting power would not have passed the portion retained had it known that the void provisions must fall. State v. Frawley, 2007-NMSC-057, 143 N.M. 7, 172 P.3d 144; Barber's Super Mkts., Inc. v. City of Grants, 1969-NMSC-115, 80 N.M. 533, 458 P.2d 785. Effect of partially invalid statute. — Before a partially invalid statute can be held to still be in force it must satisfy three tests: first, the invalid portion must be able to be separated from the other portions without impairing their effect; second, the legislative purpose expressed in the valid portion of the act must be able to be given effect without the invalid portion; and, thirdly, it cannot be said, on a consideration of the whole act, that the legislature would not have passed the valid part if it had known that the objectionable part was invalid. State v. Spearman, 1972-NMCA-150, 84 N.M. 366, 503 P.2d 649. Interdependence of both valid and invalid provisions is controlling factor. — The invalidity of a portion of a legislative enactment does not operate to invalidate those portions of the act which are free from objection unless there is such interdependence of all provisions so as to make it reasonably certain that absent the part determined to be invalid, the legislature would not have enacted the valid portion. Clovis Nat'l Bank v. Callaway, 1961-NMSC-129, 69 N.M. 119, 364 P.2d 748. Where saving clause used valid portion given effect, if possible. — Where a section has been incorporated expressly stating the legislative intent that the valid portion of the enactment should stand even though other parts may be determined to be invalid, there can be no question of legislative intent and if possible the portion of the legislation free from objection should be given effect. Clovis Nat'l Bank v. Callaway, 1961-NMSC-129, 69 N.M. 119, 364 P.2d 748.
NM Stat § 12-2A-11 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-11 - Enrolled and engrossed bill controls over subsequent 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. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
NM Stat § 12-2A-12 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-12 - Incorporation by reference.

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 the rule. C. A rule that incorporates by reference another rule of New Mexico incorporates a later adoption or amendment of the other rule. History: Laws 1997, ch. 173, § 12. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
NM Stat § 12-2A-13 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-13 - Headings and titles.

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. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997. Legislative intent. — While a statutory heading cannot be used to produce ambiguity in a statute that is otherwise clearly drafted, a legislatively drafted section heading may be useful in determining legislative intent. Serrano v. State, Dep't of Alcoholic Beverage Control, 1992-NMCA-015, 113 N.M. 444, 827 P.2d 159. Headings not law. — The headings on each section of the statutes appearing in the 1953 statutes annotated are not part of the law. They were added by the editors and are merely descriptive and intended as aids in the use of the statutes. City of Albuquerque v. Campbell, 1960-NMSC-138, 68 N.M. 75, 358 P.2d 698. Title of statute may be referred to for resolving doubts concerning statute's meaning. State ex rel. Sedillo v. Sargent, 1918-NMSC-042, 24 N.M. 333, 171 P. 790.
NM Stat § 12-2A-14 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-14 - Continuation of previous statute or rule.

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. 173, § 14. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997. Reenactment of statute. — The amendment or reenactment of a statute in substantially the same language as that contained in the original enactment amounts to a continuation of the original statute and not a new enactment. Rodgers v. City of Loving, 1977-NMCA-132, 91 N.M. 306, 573 P.2d 240; Granito v. Grace, 1952-NMSC-088, 56 N.M. 652, 248 P.2d 210; Dietz v. Hughes, 1935-NMSC-055, 39 N.M. 349, 47 P.2d 417; State v. Thompson, 1933-NMSC-021, 37 N.M. 229, 20 P.2d 1030. Reenactment of statute in substantially same language in which it was originally phrased constitutes the latter statute merely a continuation of the former. State v. Thompson, 1933-NMSC-021, 37 N.M. 229, 20 P.2d 1030.
NM Stat § 12-2A-17 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-17 - Citation forms.

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. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
NM Stat § 12-2A-19 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 2A - Uniform Statute and Rule Construction Act|Section 12-2A-19 - Primacy of text.

The text of a statute or rule is the primary, essential source of its meaning. History: Laws 1997, ch. 173, § 19. ANNOTATIONSEffective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
NM Stat § 12-3-1 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 3 - State Seal, Song and Symbols|Section 12-3-1 - [State seal; design.]

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 great seal of the state shall be a disc bearing the coat of arms and having around the edge the words "Great Seal of the State of New Mexico." History: Laws 1887, ch. 70, § 1; C.L. 1897, § 3798; Code 1915, § 5422; C.S. 1929, § 135-101; 1941 Comp., § 3-1301; 1953 Comp., § 4-14-1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — The seal below has not been amended or altered in any way. The seal as described above was apparently selected by the commission named to provide a state seal according to Joint Resolution No. 11, March 13, 1913 (Laws 1913, p. 172). See also N.M. Const., art. XXII, § 9, providing for continuance of territorial seal until changed. Use by anyone other than state prohibited. — Use of the great seal of the state by anyone other than by the state of New Mexico, for any purpose, is not permitted. 1952 Op. Att'y Gen. No. 52-5569. Am. Jur. 2d, A.L.R. and C.J.S. references. — 81A C.J.S. States § 39.
NM Stat § 12-3-2 (2021)
2021 New Mexico Statutes|Chapter 12 - Miscellaneous Public Affairs Matters|Article 3 - State Seal, Song and Symbols|Section 12-3-2 - [Adoption of flag for state of New Mexico.]

That a flag be and the same is hereby adopted to be used on all occasions when the state is officially and publicly represented, with the privilege of use by all citizens upon such occasions as they may deem fitting and appropriate. Said flag shall be the ancient Zia sun symbol of red in the center of a field of yellow. The colors shall be the red and yellow of old Spain. The proportion of the flag shall be a width of two-thirds its length. The sun symbol shall be one-third of the length of the flag. Said symbol shall have four groups of rays set at right angles; each group shall consist of four rays, the two inner rays of the group shall be one-fifth longer than the outer rays of the group. The diameter of the circle in the center of the symbol shall be one-third of the width of the symbol. Said flag shall conform in color and design described herein. History: Laws 1925, ch. 115, § 1; C.S. 1929, § 128-101; 1941 Comp., § 3-1302; 1953 Comp., § 4-14-2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law.