2018 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 2A - Uniform Statute and Rule Construction Act
Section 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The repeal of a repealing statute or rule does not revive the statute or rule originally repealed or impair the effect of a savings clause in the original repealing statute or rule.
History: Laws 1997, ch. 173, § 15.
Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.
Rule set forth by former Section 12-2-6 NMSA 1978 was not retroactive; previously New Mexico followed the common-law rule. Gallegos v. Atchison, T. & S.F. Ry., 1923-NMSC-032, 28 N.M. 472, 214 P. 579.
Former Section 12-2-6 NMSA 1978 was contrary to common law. — At common law, when an act was repealed which repealed a former act, such former act was thereby revived, and again became effective, without formal words to that effect, but that rule did not apply where new enactment, by which repealing statute was repealed, consisted of a revision or substitute for the original act. In such cases it was manifest that legislature did not intend to revive the original act, but to legislate anew upon the subject. Gallegos v. Atchison, T. & S.F. Ry., 1923-NMSC-032, 28 N.M. 472, 214 P. 579.
Common-law rule inapplicable when last repealing section enacts new matter. — Common-law rule did not apply where new enactment, by which repealing statute was repealed, consisted of a revision or substitute for the original act, or where new legislation upon subject of original act was therein adopted. Atlantic Oil Producing Co. v. Crile, 1930-NMSC-040, 34 N.M. 650, 287 P. 696; Gallegos v. Atchison, T. & S.F. Ry., 1923-NMSC-032, 28 N.M. 472, 214 P. 579.
Under former law nothing prohibited revival. — Prior to the adoption of the constitution, there was nothing in the Organic Act or in the laws of congress relating to the territory prohibiting the repeal of a repealing act and revival of the original law by such repeal. State v. Elder, 1914-NMSC-074, 19 N.M. 393, 143 P. 482 (construing acts passed before the passage of this section).
Three methods of revival. — There are three methods by which, under the law, a former law can be revived after being, as here, repealed. The first is the common law where the repealing statute is repealed prior to the enactment of this section. The second is by the annulment of a repealing statute under the provisions of the constitution. The third is by repealing the repealing act, and specifically providing for revival of the repealed legislation as provided in this section. 1966 Op. Att'y Gen. No. 66-04 (decided under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 73 Am. Jur. 2d Statutes §§ 378 to 399.
Unconstitutionality of later statute as affecting provision purporting specifically to repeal earlier statute, 102 A.L.R. 802.
Retroactive application of repeal of statute which operated as limitation of or exception to a substantive right or action in tort otherwise arising at common law, 120 A.L.R. 943.
Constitutionality and construction of repeal or modification by legislative action of teachers' tenure statute, as regards retrospective operation, 147 A.L.R. 293.
Power and duty of court where legislature repeals statute previously passed making constitutional mandate effectual, 153 A.L.R. 525.
Constitutional requirement that repealing statute refer to statute repealed as applicable to repeal by implication, 5 A.L.R.2d 1270.
82 C.J.S. Statutes § 307.