SB 261 — COMPILATION COMMISSION CHANGES

»(2) rall topinions hand B.advisory letters issued by the attorney general of New Mexico;

New(3) Mexicopublications municipalof benchbook;session laws and court rules of this state;

gand e(4) lparallel itables hof rNew C.Mexico laws.

New Mexico magistrate benchbook;

i s h , e h D.

advance] and shall provide free online access to t u g e b l these publications:

e e , gh n d d i = = o h (1) all appellate court opinions and l ] b ,d i a º r e r = decisions;

t e w d m a n o d m :

b r e t º o t n = .211675.3 s k m e - 5 - e a n e d r e l u [ A d (2) all opinions [compliance guides and informational pamphlets] and advisory letters issued by the attorney general of New Mexico;

[E.] (3) publications of session laws and court [and administrative] rules of this state;

[F.

indices of attorney general opinions;

] and [G.] (4) parallel tables of New Mexico laws.

Section 12-1-5 NMSA 1978 (being Laws 1953, h u Chapter 39, Section 5) is amended to read:

» r t h "12-1-5.

NEW MEXICO COMPILATION FUND--CREATED.--[ThereFUND--CREATED.--The g e l i h r is hereby established in the state treasury a fund to be known i s h , e h as] The "New Mexico compilation fund" is created as a t u g e b l nonreverting fund in the state treasury.

The fund consists of e e , gh n d d i = = o h filing, licensing and other fees;

l ] b ,d i a º r e r = appropriations;

The tfund eshall wbe dadministered mby athe nNew oMexico dcompilation mcommission, :and money in the fund is appropriated to the commission to carry out the purposes of Chapter 12, Article 1 NMSA 1978.

bExpenditures rfrom ethe tfund ºshall obe tby nwarrant =of .211675.3SB s261 kPage m4 ethe -secretary 6of -finance eand aadministration npursuant eto dvouchers rsigned e l u [ A d fund shall be administered by the Newexecutive Mexicodirector compilationof commission, and money in the fund is appropriated to the commission toor carry out the purposesexecutive ofdirector's Chapterauthorized 12,representative." ArticleSECTION 16. NMSA 1978.

Expenditures from the fund shall be by warrant of the secretary of finance and administration pursuant to vouchers signed by the executive director of the commission or the executive director's authorized representative." SECTION 6.

RECOGNITION AS OFFICIAL COMPILATION.--Upon the annual certification of the compilation of 1978 [or any supplement] by the New Mexico compilation commission, with the advice and approval of the advisory committee of the supreme court, the compilation [or supplement] shall be in force and h u [printed and electronic copies thereof shall be received] » r t h recognized, referred to and used in all the courts and in all g e l i h r departments and offices of the state as the official i s h , e h compilation of the statutory law of New Mexico and may be cited t u g e b l as the "NMSA 1978", whether printed under an exclusive license e e , gh n d d i = = o h of the content of the compilation or published electronically l ] b ,d i a º r e r = free of charge." tSECTION e7. w d m a n o d m :

b r e t º o t n = .211675.3 s k m e - 7 - e a n e d r e l u [ A d SECTION 7.

RULES OF CONSTRUCTION GOVERNING COMPILATION OF STATUTES.--In carrying out the duties provided by law and contract, absent an expressed contrary legislative intent, the [secretary] executive director of the New Mexico compilation commission and the advisory committee of the supreme court shall be governed by the following rules:

if two or more acts are enacted during the same session of the legislature amending the same section of the SB 261 Page 5 NMSA, regardless of the effective [date] dates of the acts, the act last signed by the governor shall be compiled in the NMSA and, if the New Mexico compilation commission, after consultation with the legislative council service, determines h u that the provisions of one or more of the earlier signed acts » r t h can be reconciled with the act that is to be compiled, those g e l i h r provisions shall be incorporated in the last-signed act and i s h , e h compiled in the NMSA.

The history following the amended t u g e b l section shall set forth the section, chapter and year of all e e , gh n d d i = = o h acts amending the section.

A compiler's note shall be included l ] b ,d i a º r e r = in the annotations setting forth the nature of the difference tbetween ethe wacts dor msections, aif nany; o d m :

b r e t º o t n = .211675.3 s k m e - 8 - e a n e d r e l u [ A d between the acts or sections, if any;

[SALE OF ] APPELLATE COURT REPORTS--INCLUSION IN MASTER DATABASE.-- A.

The New Mexico compilation commission shall [(1)maintain receiveand update all opinions and decisions of the supremeSB court261 hPage u6 appellate courts in the master database of the commission and courtprovide them free of appeals;charge on its online website.

» r t h (2) cause them to be published in bound g e l i h r volumes to be known as the New Mexico reports;

and i s h , e h (3) sell them to officers and agencies of the t u g e b l state and other individuals and entities at a price fixed by e e , gh n d d i = = o h the secretary of the New Mexico compilation commission, except l ] b ,d i a º r e r = for those volumes distributed free as provided by law.

The t e w d m a n o d m :

b r e t º o t n = .211675.3 s k m e - 9 - e a n e d r e l u [ A d price fixed by the secretary for volumes of the New Mexico reports shall not be less than the replacement cost of the volumes plus a markup of not less than twenty-five percent nor more than fifty percent of replacement costs.

AllThe moneycourts received from the sales of the New Mexico reports shall beprovide paid to the statecommission treasurerwith foran creditelectronic tocopy the New Mexico compilation fund, no part of whicheach shallopinion revertand atdecision theas endit ofis anyissued." fiscalSECTION year.9.

C.

The secretary of the New Mexico compilation commission may distribute without charge copies of the supreme court and court of appeals reports to officers and agencies of the federal government and other states, districts, territories or possessions of the United States, in exchange for similar materials needed by the supreme court law library.

h u D.

Copies of the court reports supplied to officers » r t h and agencies of New Mexico remain the property of the state and g e l i h r shall be delivered to their successors] maintain and update all i s h , e h opinions and decisions of the appellate courts in the master t u g e b l database of the commission and provide them free of charge on e e , gh n d d i = = o h its online website.

l ] b ,d i a º r e r = B.

The courts shall provide the commission with an t e w d m a n o d m :

b r e t º o t n = .211675.3 s k m e - 10 - e a n e d r e l u [ A d electronic copy of each opinion and decision as it is issued." SECTION 9.

The commission shall determine how many full sets of the printed statutes and other publications it will maintain for historical, reference and possible replacement purposes, and the remainder of the sets held by the commission may be h u disposed of according to procedures set out for the disposal of » r t h surplus property.

g e l i h r B.

All contracts in effect on the effective date of i s h , e h this act shall continue to be effective until the contract has t u g e b l been completed or the commission decides to terminate the e e , gh n d d i = = o h contract.

l ] b ,d i a º r e r = C.

On the effective date of this act, all treferences ein wlaw dand mother alegal ndocuments oto dthe mNew :Mexico SB 261 Page 7 statutes annotated or the NMSA 1978 shall be deemed to be references to the content of the master database.

b r e t º o t n = .211675.3 s k m e - 11 - e a n e d r e l u [ A d references in law and other legal documents to the New Mexico statutes annotated or the NMSA 1978 shall be deemed to be references to the content of the master database.

-SB 12261 -Page h8 u25 » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .211675.3 s k m e e a n e d r e l u [ A d