reglab/statecodes huggingface dataset:
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-3 - Salute to state flag.

The official salute to the state flag is: "I salute the flag of the state of New Mexico, the Zia symbol of perfect friendship among united cultures."
History:
1953 Comp., § 4-14-2.1, enacted by Laws 1963, ch. 120, § 1.
ANNOTATIONS
Cross references.
— For the Spanish language salute to the state flag,
see
12-3-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-5 - [State song; adoption.]

That the words and music of the song written by Elizabeth Garrett, entitled, "O, Fair New Mexico," as follows:
Under a sky of azure, where balmy breezes blow;
Kissed by the golden sunshine, is Nuevo Mejico.
Home of the Montezuma, with fiery heart aglow,
State of the deeds historic, is Nuevo Mejico.
Chorus
O, fair New Mexico, we love, we love you so
Our hearts with pride o'erflow, no matter where we go,
O, fair New Mexico, we love, we love you so,
The grandest state to know, New Mexico.
Second Verse
Rugged and high sierras, with deep canyons below;
Dotted with fertile valleys, is Nuevo Mejico.
Fields full of sweet alfalfa, richest perfumes bestow,
State of apple blossoms, is Nuevo Mejico.
Chorus
Third Verse
Days that are full of heart-dreams, nights when the moon hangs low;
Beaming its benediction, o'er Nuevo Mejico.
Land with its bright manana, coming through weal and woe;
State of our esperanza, is Nuevo Mejico.
be and the same are hereby adopted and declared to be the state song for the state of New Mexico.
History:
Laws 1917, ch. 108, § 1; C.S. 1929, § 136-101; 1941 Comp., § 3-1304; 1953 Comp., § 4-14-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1937, ch. 67, authorized the governor of the state of New Mexico to purchase the state song, including the copyright thereof, from its author, Elizabeth Garrett, paying the author an annuity of $50.00 per month, during her lifetime, in consideration for said copyright and the royalties accruing thereunder.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-6 - Spanish language state song.

The words and music of "Asi Es Nuevo Mejico," written by Amadeo Lucero, are declared to be the Spanish language state song subject to the state of New Mexico acquiring ownership and copyright of this song. The words are:
Un canto que traigo muy dentro del alma
Lo canto a mi estado - mi tierra natal.
De flores dorada mi tierra encantada
De lindas mujeres - que no tiene igual.
(Chorus)
Asi es Nuevo Mejico
Asi es esta tierra del sol
De sierras y valles de tierras frutales
Asi es Nuevo Mejico
Second Verse
El negro, el hispano, el anglo, el indio
Todos son tus hijos, todos por igual.
Tus pueblos y aldeas - mi tierra encantada
De lindas mujeres que no tiene igual.
(Chorus)
Third Verse
El Rio del Norte, que es el Rio Grande,
Sus aguas corrientes fluyen hasta el mar
Y riegan tus campos
Mi tierra encantada de lindas mujeres
Que no tiene igual.
(Chorus)
Fourth Verse
Tus campos se visten de flores de Mayo
De lindos colores
Que Dios les doto
Tus pajaros cantan mi tierra encantada
Sus trinos de amores
Al ser celestial.
(Chorus)
Fifth Verse
Mi tierra encantada de historia banada
Tan linda, tan bella - sin comparacion.
Te rindo homenaje, te rindo carino
Soldado valiente - te rinde su amor.
(Chorus)
History:
1953 Comp., § 4-14-4.1, enacted by Laws 1971, ch. 178, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-7 - Spanish language salute to the state flag.

The official Spanish language salute to the state flag is: Saludo la bandera del estado de Nuevo Mejico, el simbolo zia de amistad perfecta, entre culturas unidas.
History:
1953 Comp., § 4-14-4.2, enacted by Laws 1973, ch. 185, § 1.
ANNOTATIONS
Cross references.
— For the English language salute to the state flag,
see
12-3-3 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-8 - [State song; filing in office of secretary of state.]

A copy of said [state] song exhibited with this bill shall be filed with the secretary of the state to be by him lodged in the archives of his office.
History:
Laws 1917, ch. 108, § 2; C.S. 1929, § 136-102; 1941 Comp., § 3-1305; 1953 Comp., § 4-14-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— "This bill" refers to Laws 1917, ch. 108, compiled herein as 12-3-5, 12-3-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-9 - State slogan for business, commerce and industry.

The official state slogan for business, commerce and industry in New Mexico is: "Everybody is somebody in New Mexico."
History:
1953 Comp., § 4-14-6, enacted by Laws 1975, ch. 129, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-10 - State ballad.

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 her loving ways
A rose in the desert I loved her so
In the Land of Enchantment, New Mexico
As we watched the sunset by the Rio Grande
A mission bell rang farewell she took my hand
She said "come back amigo no matter where you go"
To the Land of Enchantment, New Mexico
From her arms I wandered, far across the sea
I often heard her gentle words haunting me
"Come back amigo, I miss you so"
To the Land of Enchantment, New Mexico
So come back amigo no matter where you go
To the Land of Enchantment, New Mexico.
History:
Laws 1989, ch. 120, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-11 - State poem.

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 refulgente,
simbolo de gloria y de ventura y paz.
Despues de tantos anos de lucha y de porfia,
tu suerte se ha cambiado y ganas la victoria,
llegando a ver por fin el venturoso dia
que es colmo de tu dicha y fuente de tu gloria.
Has sido un gran imperio, colmado de riqueza,
y grandes contratiempos tuviste que sufrir,
mas ahora triunfo pleno alcanza tu entereza,
y el premio a tu constancia pudiste conseguir.
Tu pueblo por tres siglos aislado y solitario,
de nadie tuvo ayuda, de nadie proteccion,
lucho por su existencia osado y temerario,
sellando con su sangre dominio y posesion.
Tras tan heroico esfuerzo por fin has merecido
el bien que procurabas con insistencia tanta
de que en la Union de Estados fueses admitido
con la soberania que al hombre libre encanta.
Obstaculos y estorbos del todo desaparecen,
y entrada libre tienes a la gloriosa Union,
en donde los ciudadanos prosperan y florecen,
con tantas garantias y tanta proteccion.
Por tan pasmosa dicha el parabien te damos,
a ti como a tus hijos, de honor tan senalado,
y que en tu nueva esfera de veras esperamos
que a fuer de gran imperio seras un gran estado.
TO NEW MEXICO
Lift, New Mexico, your tired forehead
That clouds the enchantment of your peaceful face,
And joyfully receive the bright crown,
Symbol of glory, venture, and peace.
After so many years of fight and persistence
Your luck has changed and you gain victory,
Reaching up to see your fortunate day at last
That is an overflow of happiness and the fountain of your glory.
You have been a great empire filled with riches,
And many mishaps you had to suffer,
But now complete triumph reach up to your integrity,
And reward for your constancy, you were able to achieve.
Your people for three centuries, isolated and lonely,
With help or protection from nobody,
They fought for their existence, reckless and daring
Sealing with their blood their dominion and possession.
After such heroic effort finally you deserve
The goodness with such an insistence you procure,
To be admitted in the state of the union
With the sovereignty that is a free man's enchantment.
Obstacles and hindrance for good they disappear,
And free admittance you have to the glorious union,
Where the people prosper and flourish
With so many guarantees and great protection.
For that marvelous satisfaction we welcome you,
You and your children such a deserved honor,
And in your new sphere we truly hope
That by dint of imperiousness a great state you will become".
History:
Laws 1991, ch. 202, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-12 - State bilingual song.

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.
New Mexico,
Land of the sun
Where yucca blooms
The sunset sighs.
New Mexico,
Your starry nights,
Your music sweet as daylight dies.
My heart returns
It ever yearns
To hear the desert breezes blow,
Your snow, your rain, your rainbows' blend,
I'm proud of my New Mexico.
(Translation)
Yo canto de un pais lindo
Mas bello no he visto yo,
Mi cancion no puede decirlo,
Como mi corazon.
Nuevo Mexico,
Pais del sol
Palmillas floreciendo alli.
Nuevo Mexico,
Tus noches lindas
Traen recuerdos para mi.
Mi corazon
Llora por ti me dice a mi
Te quiero yo.
Tus sierras y tus valles
Son mi lindo Nuevo Mexico.
B. A copy of the state bilingual song exhibited with this bill shall be filed with the secretary of state to be lodged in the archives of his office.
History:
Laws 1995, ch. 7, § 1.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-13 - Statuary hall designation.

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:
Laws 1963, ch. 64, § 1.
ANNOTATIONS
Compiler's notes.
— Although this section was enacted in 1963, it was not compiled in the 1953 Comp., and was not compiled in the NMSA 1978 until 1997.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-14 - Commission; funds.

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 marble or bronze likeness of Dennis Chavez. When completed and accepted by the commission, the likeness shall be placed in national statuary hall.
History:
Laws 1963, ch. 64, § 2.
ANNOTATIONS
Compiler's notes.
— Although this section was enacted in 1963, it was not compiled in the 1953 Comp., and was not compiled in the NMSA 1978 until 1997.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-15 - [Statuary hall] commission created.

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 New Mexico office of Indian affairs [Indian affairs department] and no fewer than four members appointed by the governor from a list of names that have been submitted to him by the Indian nations, tribes or pueblos in New Mexico, containing names of members of those Indian nations, tribes or pueblos who would be appropriate to serve on the commission. Terms of the members shall extend until a second statue from New Mexico is emplaced in the national statuary hall in Washington, D.C. The governor shall fill any vacancy on the statuary hall commission within three months from the date that the vacancy occurs in the same manner as original members were appointed.
History:
Laws 1997, ch. 177, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Laws 2004, ch. 24, § 17 provided that references to the "New Mexico office of Indian affairs" be changed to the "Indian affairs department" pursuant to an executive order issued in accordance with Laws 2003, Chapter 403.
Emergency clauses.
— Laws 1997, ch. 177 § 4 contained an emergency clause and was approved April 10, 1997.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-16 - Duties.

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 second statue and raise funds to commission the design, creation and transport of a statue to be placed in the national statuary hall through the creation of a foundation for the acceptance of gifts, donations, bequests and proceeds from appropriate fundraising events in accordance with the provisions of the act of July 2, 1864 (40 U.S.C. 187); and
D. commission the design and creation of a statue of the illustrious San Juan pueblo Indian strategist and warrior Pope, who was renowned, respected and revered by the Native Americans of New Mexico as the leader of the pueblo revolt of 1680 and who would be the second Native American to be honored with placement of a statue in the national statuary hall.
History:
Laws 1997, ch. 177, § 2.
ANNOTATIONS
Emergency clauses.
— Laws 1997, ch. 177 § 4 contained an emergency clause and was approved April 10, 1997.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-17 - Official balloon museum.

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.
ANNOTATIONS
Duplicate laws.
— Laws 1999, ch. 2, § 1 and Laws 1999, ch. 3, § 1, both effective June 18, 1999, enacted identical provisions of law. The section was set out as enacted by Laws 1999, ch. 2, § 1.
See
12-1-8 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-18 - Official state guitar.

The New Mexico sunrise guitar is adopted as the official guitar of New Mexico.
History:
Laws 2009, ch. 27, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 27 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 3 - State Seal, Song and Symbols › Section 12-3-19 - State cowboy song.

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 Pi on Mesa rolls
And the campfire cures your woes
Watchin' the sly roadrunner flee
On the tail of an autumn breeze
I'm leanin' against a juniper bole
As the creek water takes a stroll
(chorus)
That's where you'll find me
Where the big back country lies
There the cowboy's free to ride
Out under New Mexico skies
(second verse)
Where the lean jack hops along
And the coyote sings his song
Up high the rocky spires shade
The sunny desert days
I'm leanin' against adobe walls of old
Their stories to be told
(chorus)
That's where you'll find me
Where the big back country lies
There the cowboy's free to ride
Out under New Mexico skies
(third verse)
Just me and a covey of gamblin' quail
Lopin' down the Turquoise Trail
(chorus)
That's where you'll find me
Where the big back country lies
There the cowboy's free to ride
Out under New Mexico skies."
History:
Laws 2009, ch. 28, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 28 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 4 - Public Policy Regarding Communism › Section 12-4-1 - [Policy.]

That it is the public policy of the state of New Mexico that no communist organization, affiliate of the communist party or supporter or advocate of communistic doctrine or any person or organization which believes in, teaches or advocates the overthrow of the government of the United States or of the state of New Mexico by force or by any illegal or unconstitutional method or means, shall remain within the state and be unknown or unrecognized.
History:
1941 Comp., § 3-107, enacted by Laws 1951, ch. 157, § 1; 1953 Comp., § 4-15-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Cross references.
— For employment of persons advocating sabotage, sedition or treason being prohibited,
see
10-1-12 NMSA 1978.
Secretary's office is only for registration enforcement for local responsibility.
— This article quite obviously contemplates that the secretary of state's office shall be merely the office of registration of such persons and organizations, and the secretary of state has no specific duty to enforce the registration of such persons and organizations. The obligation to require the persons defined in this article to register and to prosecute them for failure so to do would lie with the law enforcement authorities of the various districts in which those persons resided and with all law enforcement officials of this state. 1954 Op. Att'y Gen. No. 54-5925.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 70 Am. Jur. 2d Sedition, Subversive Activities and Treason §§ 101 to 110.
Right of witness to refuse to answer, on the ground of self-incrimination, as to membership in or connection with party, society, or similar organization or group, 19 A.L.R.2d 388.
Defamatory nature of statements reflecting on plaintiff's religious beliefs, standing, or activities, 33 A.L.R.2d 1196.
Libel and slander: public officer's privilege in connection with accusation that another has been guilty of sedition, subversion, espionage, or similar behavior, 33 A.L.R.3d 1330.
Imputation of allegedly objectionable political or social beliefs or principles as defamation, 62 A.L.R.4th 314.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 4 - Public Policy Regarding Communism › Section 12-4-2 - [Registration.]

That to effectuate the public policy as set out in Section 1 [12-4-1 NMSA 1978] hereinabove every communist organization, affiliate of the communist party or supporter or advocate of communistic doctrine, or any person or organization which believes in, teaches or advocates the overthrow of the government of the United States or of the state of New Mexico by force or by any illegal or unconstitutional methods or means, shall register with the secretary of state of New Mexico. Such registration shall be accomplished in such manner and on such forms as may be prescribed by the secretary of state. All organized groups or associations falling into the category required to register under this act [12-4-1 to 12-4-3 NMSA 1978], shall file a list of all of the members of such organization with the secretary of state, such list to show the names of all members, their addresses and designation of all officials of such organization. All individuals required by this act to register shall file their name [names], address [addresses] and the names of the organizations or associations to which they belong as members.
Registration under this act shall be completed within six calendar months after the passage of this act, and registrants shall reregister annually thereafter, such reregistration period to begin on April 1st and ending on May 1st of each year.
History:
1941 Comp., § 3-108, enacted by Laws 1951, ch. 157, § 2; 1953 Comp., § 4-15-2.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act", referred to in this section, means Laws 1951, Chapter 157, which appears as 12-4-1 to 12-4-3 NMSA 1978.
Laws 1951, ch. 157 was approved March 15, 1951.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 C.J.S. Insurrection and Sedition § 2.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 4 - Public Policy Regarding Communism › Section 12-4-3 - [Violations; penalties.]

That the officers of any organization, association, party or group which shall fail to register under the provisions of this act [12-4-1 to 12-4-3 NMSA 1978], or any person who shall knowingly fail to comply with the provisions of this act, shall be guilty of a felony and on conviction thereof shall be punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or by imprisonment for not less than three (3) years nor more than ten (10) years, or by both such fine and imprisonment.
History:
1941 Comp., § 3-109, enacted by Laws 1951, ch. 157, § 3; 1953 Comp., § 4-15-3.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— The term "this act", referred to in this section, means Laws 1951, Chapter 157, which appears as 12-4-1 to 12-4-3 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 46 C.J.S. Insurrection and Sedition § 2.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-1 - [Arbor Day; establishment; observance.]

The second Friday in March of each year shall be set apart and known as Arbor Day, to be observed by the people of this state in the planting of forest trees for the benefit and adornment of public and private grounds, places and ways, and in such other efforts and undertakings as shall be in harmony with the general character of the day so established; provided, that the actual planting of trees may be done on the day designated or at such other most convenient times as may best conform to local climatic conditions, such other time to be designated and due notice thereof given by the several county superintendents of schools for their respective counties.
The day as above designated shall be a holiday in all public schools of the state, and school officers and teachers are required to have the schools, under their respective charge, observe the day by planting of trees or other appropriate exercises.
Annually, at the proper season, the governor shall issue a proclamation, calling the attention of the people to the provisions of this section and recommending and enjoining its due observance. The respective county superintendents of schools shall also promote by all proper means the observance of the day, and the said county superintendents of schools shall make annual reports to the governor of the state of the action taken in this behalf in their respective counties.
History:
Laws 1891, ch. 35, §§ 1-3; C.L. 1897, § 1625a; Code 1915, § 2726; C.S. 1929, § 65-101; 1941 Comp., § 59-101; 1953 Comp., § 56-1-1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Legal holiday not necessarily state employee business holiday.
— A statutory designation of legal holidays does not result in that day being a business holiday for state employees. 1961 Op. Att'y Gen. No. 61-18.
Unless statute, or governor, so directs.
— A legal holiday need not be observed by state offices and agencies unless the language of the statute so directs, or unless the governor designates such day as a holiday for state employees. 1961 Op. Att'y Gen. No. 61-18.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-2 - Legal holidays; designation.

Legal public holidays in New Mexico are:
A. New Year's day, January 1;
B. Martin Luther King, Jr.'s birthday, third Monday in January;
C. Washington's and Lincoln's birthday, President's day, third Monday in February;
D. Memorial day, last Monday in May;
E. Independence day, July 4;
F. Labor day, first Monday in September;
G. Indigenous Peoples' day, second Monday in October;
H. Armistice day and Veterans' day, November 11;
I. Thanksgiving day, fourth Thursday in November; and
J. Christmas day, December 25.
History:
1953 Comp., § 56-1-2, enacted by Laws 1969, ch. 114, § 1; 1971, ch. 98, § 1; 1975, ch. 13, § 1; 1987, ch. 3, § 1; 1987, ch. 309, § 1; 2019, ch. 123, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1969, ch. 114, § 1, repealed former 56-1-2, 1953 Comp., relating to the designation of November 11, Veterans' Day, as a legal holiday, and enacted a new 56-1-2, 1953 Comp.
The 2019 amendment,
effective July 1, 2019, replaced Columbus day with Indigenous Peoples' day as a legal public holiday in New Mexico; in Subsection G, after the subsection designation, deleted "Columbus" and added "Indigenous Peoples'".
The 1987 Amendments.
— Laws 1987, ch. 309, § 1, added the subsection designations, added Subsection B; in Subsection C, inserted "and Lincoln's" and "President's day"; and in Subsection D, substituted "last Monday in May" for "May 30".
Laws 1987, ch. 3, § 1, substituted "last Monday in May" for "May 30" in Subsection D.
Good Friday.
— Although under this section, Good Friday is not listed as a designated legal holiday, Paragraph A of Rule 12-308, R. App. P., defines "legal holiday" for the purpose of the rules for appellate civil procedure.
Public Serv. Co. v. Catron
, 1982-NMSC-050, 98 N.M. 134, 646 P.2d 561.
State employees paid for day given as compensatory time.
— State employees who were given a holiday by their department head on November 24, 1961, may be paid for this day, since the date constituted compensatory time for an officially declared holiday. 1961 Op. Att'y Gen. No. 61-121.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 73 Am. Jur. 2d Sundays and Holidays §§ 1 to 5.
40 C.J.S. Holidays §§ 1 to 3.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-3 - Legal holidays; Sundays; effect on commercial paper.

A. Whenever a legal public holiday falls on Sunday, the following Monday is a legal public holiday.
B. Any bill, check or note presentable for acceptance or payment on a legal public holiday or on a Sunday is payable and presentable for acceptance or payment on the next business day after the legal public holiday or Sunday.
History:
1953 Comp., § 56-1-3, enacted by Laws 1969, ch. 114, § 2.
ANNOTATIONS
Repeals and reenactments.
— Laws 1969, ch. 114, § 2, repealed 56-1-3, 1953 Comp., relating to the designation of October 12, Columbus Day, as a legal holiday, and enacted a new section.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 10 Am. Jur. 2d Banks § 710; 11 Am. Jur. 2d Bills and Notes §§ 49, 732, 736; 73 Am. Jur. 2d Sundays and Holidays § 5.
10 C.J.S. Bills and Notes §§ 37, 208; 40 C.J.S. Holidays § 4.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-4 - [August 3rd designated Ernie Pyle Day.]

In appreciation of the splendid work as a writer and war correspondent, and the great credit reflected upon the state of New Mexico by Ernie Pyle, one of her outstanding citizens, his birthday, August 3rd, of each year, is hereby designated as Ernie Pyle Day, upon which appropriate ceremonies shall be held in his honor and in honor of all members of the armed forces of the United States serving so valiantly in the present world war [World War II].
History:
1941 Comp., § 59-107, enacted by Laws 1945, ch. 30, § 1; 1953 Comp., § 56-1-4.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-5 - [Onate Day.]

The governor shall designate for the benefit of the state of New Mexico in connection with an annual celebration held in the Espanola valley each year during the month of July, a day during said month to be known as Onate Day.
History:
1941 Comp., § 59-108, enacted by Laws 1949, ch. 85, § 2; 1953 Comp., § 56-1-5.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes.
— Laws 1949, ch. 85, § 1, was a preamble which stated that the heritage of the state of New Mexico benefited greatly from the Spanish Conquistadores and that it was proper to honor Juan de Onate, one of the conquistadores.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-6 - American History Month.

The month of February is designated "American History Month."
History:
1953 Comp., § 56-1-6, enacted by Laws 1971, ch. 10, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1969, ch. 114, § 3, repealed old 56-1-6, 1953 Comp., relating to the designation of February 12, Lincoln's birthday, as a legal holiday, and Laws 1971, ch. 10, § 1, enacted a new section.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-7 - Bataan Day.

In honor of the brave and patriotic New Mexicans composing the 200th and 515th Coast Artillery Regiments (anti-aircraft) who served in the Philippine Islands during World War Two, fighting insuperable odds and enduring every deprivation, and who, following surrender, entered upon a tragic "death march," the day of April 9 is designated "Bataan Day."
History:
1953 Comp., § 56-1-6.1, enacted by Laws 1971, ch. 63, § 1.
ANNOTATIONS
Compiler's notes.
— Although this section was enacted as 56-1-6, 1953 Comp., by Laws 1971, ch. 63, § 1, the compiler classified it as 56-1-6.1, 1953 Comp., since Laws 1971, ch. 10, § 1 also enacted a section 56-1-6, 1953 Comp.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-8 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1987, ch. 309, § 2 repealed 12-5-8 NMSA 1978, as enacted by Laws 1983, ch. 235, § 1, relating to Martin Luther King, Jr.'s birthday, effective June 19, 1987. For present comparable provisions,
see
12-5-2 NMSA 1978.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-9 - American Indian day.

The first Friday of February of each year shall be set apart and be known as "American Indian day", in recognition of the many contributions of the American Indians to the economic and cultural heritage of all the citizens of the United States. This day shall be observed by the people of New Mexico in such efforts and undertakings as shall be in harmony with the general character of the day so established.
History:
Laws 1987, ch. 24, § 1; 2005, ch. 261, § 1.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, changed the day set apart as American Indian Day from the first Tuesday to the first Friday of February of each year.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-10 - [Guadalupe-Hidalgo treaty day.]

February 2 of each year shall be set apart and known as "Guadalupe Hidalgo treaty day" in recognition and commemoration of the day in 1848 on which the Treaty of Peace, Friendship, Limits and Settlement, commonly known as the Treaty of Guadalupe Hidalgo, was executed between the United States and the Mexican Republic.
History:
Laws 1997, ch. 77, § 1.
ANNOTATIONS
Bracketed material.
— The bracketed material was inserted by the compiler and is not part of the law.
Effective dates.
— Laws 1997, ch. 77 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 20, 1997, 90 days after adjournment of the legislature.
Cross references.
— For the Treaty of Guadalupe Hidalgo,
see
Treaty of Peace Between the United States and Mexico on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-11 - Family day.

The governor shall proclaim the second Sunday in September of each year as "Family Day". Suitable exercises for the observance of the day shall be held in the state capitol and elsewhere as the governor designates.
History:
Laws 1999, ch. 50, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 50 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-12 - African-American day.

The second Friday of February of each year shall be set apart and be known as "African-American day", in recognition of the many contributions and sacrifices African-Americans have made to ensure the rights of all Americans, so that they may be free and equal citizens and full participants in the governing of the state and the nation. African-American day shall be observed by the people of New Mexico in efforts and undertakings that celebrate the diversity of the cultural heritage of New Mexicans, that recognize that February is Black history month and that are expressions in harmony with the general character of the day so established.
History:
Laws 1999, ch. 66, § 1.
ANNOTATIONS
Effective dates.
— Laws 1999, ch. 66 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 18, 1999, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 12 - Miscellaneous Public Affairs Matters › Article 5 - Public Holidays › Section 12-5-13 - Hispanic culture day.

The second Tuesday of February of each odd-numbered year shall be known and celebrated as "Hispanic culture day" in recognition of the many contributions, sacrifices and accomplishments of Hispanic people from throughout the world who have built New Mexico into a beautiful and dynamic mosaic of cultural diversity. This day shall be observed with celebrations that honor all past, present and future Hispanic citizens and leaders in ways that enhance relationships among all the people of New Mexico.
History:
Laws 2001, ch. 193, § 1; 2003, ch. 3, § 1.
ANNOTATIONS
The 2003 amendment,
effective June 20, 2003, inserted "odd-numbered" preceding "year" near the beginning of the first sentence.