(a) Chapter 55, Article 7 NMSA 1978 is subject to any treaty or statute of the United States or regulatory statute of this state to the extent the treaty, statute or regulatory statute is applicable.

(b) Chapter 55, Article 7 NMSA 1978 does not modify or repeal any law prescribing the form or content of a document of title or the services or facilities to be afforded by a bailee, or otherwise regulating a bailee's business in respects not specifically treated in this article. However, violation of such a law does not affect the status of a document of title that otherwise is within the definition of a document of title.

(c) This Uniform Commercial Code modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et. seq.) but does not modify, limit or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. Section 7003(b)).

(d) To the extent there is a conflict between the Uniform Electronic Transactions Act and Chapter 55, Article 7 NMSA 1978, Chapter 55, Article 7 NMSA 1978 governs.

History: 1953 Comp., § 50A-7-103, enacted by Laws 1961, ch. 96, § 7-103; 2005, ch. 144, § 53.

OFFICIAL COMMENTS

UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.

Prior Uniform Statutory Provision. — Former Sections 7-103 [55-7-103 NMSA 1978] and 10-104.

Changes. — Deletion of references to tariffs and classifications; incorporation of former Section 10-104 into Subsection (b), provide for intersection with federal and state law governing electronic transactions.

1. To make clear what would of course be true without the Section, that applicable Federal law is paramount.

2. To make clear also that regulatory state statutes (such as those fixing or authorizing a commission to fix rates and prescribe services, authorizing different charges for goods of different values, and limiting liability for loss to the declared value on which the charge was based) are not affected by the Article and are controlling on the matters which they cover unless preempted by federal law. The reference in former Section 7-103 [55-7-103 NMSA 1978] to tariffs, classifications, and regulations filed or issued pursuant to regulatory state statutes has been deleted as inappropriate in the modern era of diminished regulation of carriers and warehouses. If a regulatory scheme requires a carrier or warehouse to issue a tariff or classification, that tariff or classification would be given effect via the state regulatory scheme that this Article recognizes as controlling. Permissive tariffs or classifications would not displace the provisions of this act, pursuant to this section, but may be given effect through the ability of parties to incorporate those terms by reference into their agreement.

3. The document of title provisions of this act supplement the federal law and regulatory state law governing bailees. This Article focuses on the commercial importance and usage of documents of title. State ex. rel Public Service Commission v. Gunkelman & Sons, Inc., 219 N.W.2d 853 (N.D. 1974).

4. Subsection (c) is included to make clear the interrelationship between the federal Electronic Signatures in Global and National Commerce Act and this article and the conforming amendments to other articles of the Uniform Commercial Code promulgated as part of the revision of this article. Section 102 of the federal act allows a State statute to modify, limit, or supersede the provisions of Section 101 of the federal act. See the comments to Revised Article 1, Section 1-108 [55-1-108 NMSA 1978].

5. Subsection (d) makes clear that once this article is in effect, its provisions regarding electronic commerce and regarding electronic documents of title control in the event there is a conflict with the provisions of the Uniform Electronic Transactions Act or other applicable state law governing electronic transactions.

Sections 1-108 [55-1-108 NMSA 1978], 7-201[55-7-201 NMSA 1978], 7-202 [55-7-202 NMSA 1978], 7-204 [55-7-204 NMSA 1978], 7-206 [55-7-206 NMSA 1978], 7-309 [55-7-309 NMSA 1978], 7-401 [55-7-401 NMSA 1978], 7-403 [55-7-403 NMSA 1978].

"Bill of lading". Section 1-201 [55-1-201 NMSA 1978].

Repeal and reenactments. — Laws 2005, ch. 144, § 53 repealed former 55-7-103 NMSA 1978, as enacted by Laws 1961, ch. 96, § 7-103, and enacted a new section, effective January 1, 2006.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 13 Am. Jur. 2d Carriers § 323; 15A Am. Jur. 2d Commercial Code §§ 35, 38, 40, 41; 78 Am. Jur. 2d Warehouses § 1.

Relation of treaty to state and federal law, 4 A.L.R. 1377, 134 A.L.R. 882.

Jurisdiction of state courts in relation to interstate shipments, 64 A.L.R. 333.

82 C.J.S. Statutes § 7; 87 C.J.S. Treaties § 15.