Uniform Statute and Rule Construction Act

NMSA 1978 ch. 12, art. 2A

in effect

NMSA 1978, § 12-2A-1 Short title; applicability

12-2A-1. Short title; applicability 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 expressly provides otherwise, the context of its language requires otherwise or the application of that act to the statute or rule would be infeasible. C. Subsection B of this section does not authorize an administrative agency to exempt its rules from a provision of the Uniform Statute and Rule Construction Act. Laws 1997, ch. 173, § 1.

NMSA 1978, § 12-2A-2 Common and technical usage

12-2A-2. Common and technical usage 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 in that context. Laws 1997, ch. 173, § 2.

NMSA 1978, § 12-2A-3 General definitions

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. Laws 1997, ch. 173, § 3.

NMSA 1978, § 12-2A-4 Construction of "shall", "must" and "may"

12-2A-4. Construction of "shall", "must" and "may" 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. Laws 1997, ch. 173, § 4.

NMSA 1978, § 12-2A-5 Number, gender and tense

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. Laws 1997, ch. 173, § 5.

NMSA 1978, § 12-2A-6 Reference to series

12-2A-6. Reference to series A reference to a series of numbers or letters includes the first and last number or letter. Laws 1997, ch. 173, § 6.

NMSA 1978, § 12-2A-7 Computation of time

12-2A-7. Computation of time 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 that is the same day of the concluding week as the day of the week on which an event determinative of the computation occurred; C. if the period is expressed in months, the period ends on the day of the concluding month that is numbered the same as the day of the month on which an event determinative of the computation occurred, unless the concluding month has no such day, in which case the period ends on the last day of the concluding month; D. if the period is expressed in years, the period ends on the day of the concluding month of the concluding year that is numbered the same as the day of the month of the year on which an event determinative of the computation occurred, unless the concluding month has no such day, in which case the period ends on the last day of the concluding month of the concluding year; E. if the period is less than eleven days, a Saturday, Sunday or legal holiday is excluded from the computation; F. if the last day of the period is a Saturday, Sunday or legal holiday, the period ends on the next day that is not a Saturday, Sunday or legal holiday; G. a day begins immediately after midnight and ends at the next midnight; H. if the period is determinable by the occurrence of a future event, the first day of the period is ascertained by applying the rules of Subsections A through G of this section backward from the last day of the period as if the event had occurred; and I. in computing the time that a legislative session shall end, the word "day" means a twenty-four-hour period from 12:00 noon on one calendar day to 12:00 noon on the next calendar day. Laws 1997, ch. 173, § 7.

NMSA 1978, § 12-2A-8 Prospective operation

12-2A-8. Prospective operation A statute or rule operates prospectively only unless the statute or rule expressly provides otherwise or its context requires that it operate retrospectively. Laws 1997, ch. 173, § 8.

NMSA 1978, § 12-2A-9 Severability

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. Laws 1997, ch. 173, § 9.

NMSA 1978, § 12-2A-10 Irreconcilable statutes or rules

12-2A-10. Irreconcilable statutes or rules 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 unless the context of the later-enacted statute indicates otherwise. B. If an administrative agency's rules appear to conflict, they must be construed, if possible, to give effect to each. If the conflict is irreconcilable, the later-adopted rule governs. However, an earlier-adopted specific, special or local rule prevails over a later-adopted general rule unless the context of the later-adopted rule indicates otherwise. C. If a statute is a comprehensive revision of the law on a subject, it prevails over previous statutes on the subject, whether or not the revision and the previous statutes conflict irreconcilably. D. If a rule is a comprehensive revision of the rules on the subject, it prevails over previous rules on the subject, whether or not the revision and the previous rules conflict irreconcilably. Laws 1997, ch. 173, § 10.

NMSA 1978, § 12-2A-11 Enrolled and engrossed bill controls over subsequent publication

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. Laws 1997, ch. 173, § 11.

NMSA 1978, § 12-2A-12 Incorporation by reference

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. Laws 1997, ch. 173, § 12.

NMSA 1978, § 12-2A-13 Headings and titles

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. Laws 1997, ch. 173, § 13.

NMSA 1978, § 12-2A-14 Continuation of previous statute or rule

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. Laws 1997, ch. 173, § 14.

NMSA 1978, § 12-2A-15 Repeal of repealing statute or rule

12-2A-15. Repeal of repealing statute or rule 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. Laws 1997, ch. 173, § 15.

NMSA 1978, § 12-2A-16 Effect of amendment or repeal

12-2A-16. Effect of amendment or repeal 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 rule had not been amended or repealed. C. If a criminal penalty for a violation of a statute or rule is reduced by an amendment, the penalty, if not already imposed, must be imposed under the statute or rule as amended. Laws 1997, ch. 173, § 16.

NMSA 1978, § 12-2A-17 Citation forms

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". Laws 1997, ch. 173, § 17.

NMSA 1978, § 12-2A-18 Principles of construction; presumption

12-2A-18. Principles of construction; presumption 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 construed to effectuate that purpose with respect to the subject of the statute. C. The presumption that a civil statute in derogation of the common law is construed strictly does not apply to a statute of this state. Laws 1997, ch. 173, § 18.

NMSA 1978, § 12-2A-19 Primacy of text

12-2A-19. Primacy of text The text of a statute or rule is the primary, essential source of its meaning. Laws 1997, ch. 173, § 19.

NMSA 1978, § 12-2A-20 Other aids to construction

12-2A-20. Other aids to construction 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 following aids to construction may be considered in ascertaining the meaning of the text: (1) the meaning of a word or phrase may be limited by the series of words or phrases of which it is a part; and (2) the meaning of a general word or phrase following two or more specific words or phrases may be limited to the category established by the specific words or phrases. B. In addition to considering the text of a statute or rule in light of Sections 2 through 7 and Sections 18 and 19 of the Uniform Statute and Rules Construction Act, the context in which the statute or rule is applied and the aids to construction in Subsection A of this section, the following aids to construction may be considered in ascertaining the meaning of the text: (1) a settled judicial construction in another jurisdiction as of the time a statute or rule is borrowed from the other jurisdiction; (2) a judicial construction of the same or similar statute or rule of this or another state; (3) an official commentary published and available before the enactment or adoption of the statute or rule; (4) an administrative construction of the same or similar statute or rule of this state; (5) a previous statute or rule, or the common law, on the same subject; (6) a statute or rule on the same or a related subject, even if it was enacted or adopted at a different time; and (7) a reenactment of a statute or readoption of a rule that does not change the pertinent language after a court or agency construed the statute or rule. C. If, after considering the text of a statute or rule in light of Sections 2 through 7 and Sections 18 and 19 of the Uniform Statute and Rules Construction Act, the context in which the statute or rule is applied and the aids to construction in Subsections A and B of this section, the meaning of the text or its application is uncertain, the following aids to construction may be considered in ascertaining the meaning of the text: (1) the circumstances that prompted the enactment or adoption of the statute or rule; (2) the purpose of a statute or rule as determined from the legislative or administrative history of the statute or rule; and (3) the history of other legislation on the same subject. Laws 1997, ch. 173, § 20.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18512/index.doFetched: 10/20/2026