NMAGO 00-05.

• Case Date: November 01, 2000
• Court: New Mexico

New Mexico Attorney General Opinions 2000. NMAGO 00-05. November 1, 2000OPINION OF Opinion No. 00-05PATRICIA A. MADRID Attorney General BY: Elizabeth A. Glenn Assistant Attorney GeneralTO: The Honorable Timothy Z. JenningsState Senator P.O. Box 1797 Roswell, New Mexico 88202-1797 QUESTION:(fn1) Is an amendment to the Indigent Hospital and County Health Care Act (NMSA 1978, ch. 27, art. 5) ("IHCHC Act") enacted by 1999 N.M. Laws, ch. 37 ("Chapter 37") valid and in effect? CONCLUSION: Yes. Although the amendment was not codified in the New Mexico Statutes Annotated ("NMSA") pursuant to the statutory rules governing the compilation of laws, the amendment is valid and in effect. FACTS: Chapter 37, among other things, amended Section 27-5-4 of the IHCHC Act. See 1999 N.M. Laws, ch. 37, § 1. Section 27-5-4 was also amended by another law enacted in 1999, specifically, 1999 N.M. Laws, ch. 270 ("Chapter 270"), § 4. The Governor signed Chapter 37 on March 15, 1999. Chapter 270 was signed on April 8, 1999. Aside from the amendments to Section 27-5-4, the two laws enact and amend different statutory provisions. Pursuant to the statutory rules governing the compilation of statutes, only the amendments to Section 27-5-4 made by Chapter 270 were codified. This left the validity of the amendments made by Chapter 37 open to question. ANALYSIS: To address questions arising when two acts amending the same section of a statute are passed during the same legislative session, the legislature has enacted a law that provides, in pertinent part: In carrying out the duties provided by law and contract, absent an expressed contrary legislative intent, the secretary of the New Mexico compilation commission ... shall be governed by the following rules: A. if two or more acts are enacted during the same session of the legislature amending the same section of the NMSA [New Mexico Statutes Annotated], regardless of the effective date of the acts, the act last signed by the governor shall be presumed to be the law and shall be compiled in the NMSA. The history following the amended section shall set forth the section, chapter and year of all acts amending the same section. A compiler's note shall be included in the annotations setting forth the nature of the difference between the acts or sections.... NMSA 1978, § 12-1-8 (1977). Under this rule, the determination of which of two or more acts amending the same statutory provision is the law for purposes of codification generally depends solely on which act the Governor signed last. The rule will apply unless (1) the legislature has expressly stated its intent to the contrary or (2) there are other valid reasons, beyond the fact that the acts...