HOUSE BILL 849

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Ben Lujan

AN ACT

RELATING TO GOVERNMENT STRUCTURE; SETTING A STATUTORY RATE FOR LEGAL NOTICE OR ADVERTISEMENT COSTS.

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

     Section 1. Section 14-11-7 NMSA 1978 (being Laws 1937, Chapter 167, Section 5, as amended) is amended to read:

     "14-11-7. RATES FOR LEGAL NOTICE OR ADVERTISEMENT--COSTS.--

          A. For publication of all legal notices or advertisements that a governmental entity is required by law or the order of any court of record in this state to publish in newspapers, the publishers shall be [paid a reasonable rate, to be set by rule or regulation of the secretary of general services. Changes in economic conditions within the newspaper industry, the general economy and inflation shall be considered in determining a reasonable rate.] entitled to receive thirty-nine and six-tenths cents ($.396) for each column line of eight point or smaller type for the first insertion and thirty-one and seven-tenths cents ($.317) per line for each subsequent insertion. All emblems, display headings, rule work and necessary blank space shall be calculated as solid type and shall be counted and paid for as such.

          B. The clerk of any court in the state or any public trustee, county treasurer or other public officer required by law to publish legal notices or advertisements shall tax the cost of publishing notices or advertisements, as prescribed in this section, as part of the costs of the cause or proceeding and shall collect for publication before the cause or proceeding is closed and shall remit to the publisher the proper cost of the legal notices or advertisements."

- 2 -