HOUSE BILL 184

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Al Park

AN ACT

RELATING TO STATUTORY CONSTRUCTION; CLARIFYING THE USE OF THE TERMS "INCLUDES" AND "INCLUDING".

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 12-2A-3 NMSA 1978 (being Laws 1997, Chapter 173, Section 3) is amended to read:

     "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. "includes" and "including" are terms of enlargement and not of limitation or exclusive enumeration, and use of the terms does not create a presumption that components not expressed are excluded;

          [D.] E. "oath" includes an affirmation;

          [E.] F. "person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture or any other legal or commercial entity;

          [F.] G. "personal property" means property other than real property;

          [G.] H. "personal representative" of a decedent's estate includes an administrator and executor;

          [H.] I. "population" means the number of individuals enumerated in the most recent federal decennial census;

          [I.] J. "property" means real and personal property;

          [J.] K. "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.] L. "rule" means a rule, regulation, order, standard or statement of policy, including amendments thereto or repeals thereof, adopted and 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.] M. "sign" or "subscribe" includes the execution or adoption of any symbol by a person with the present intention to authenticate a writing;

          [M.] N. "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.] O. "swear" includes affirm;

          [O.] P. "will" includes a codicil; and

          [P.] Q. "written" and "in writing" includes printing, engraving or any other mode of representing words and letters."

- 3 -