Fiscal impact reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for standing finance
committees of the NM Legislature. The LFC does not assume responsibility for the accuracy of these reports
if they are used for other purposes.
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F I S C A L I M P A C T R E P O R T
SPONSOR Begaye
ORIGINAL DATE
LAST UPDATED
03/06/07
03/07/07 HB HM 62/aHBIC
SHORT TITLE Establish Legal Notice Web Site
SB
ANALYST Hanika Ortiz
ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)
FY07
FY08
FY09 3 Year
Total Cost
Recurring
or Non-Rec
Fund
Affected
Total
$0.1 see
narrative
Recurring Various
Funds
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of HBIC Amendment
The House Business & Industry Committee amendment removes language in the title that
encourages the replacement of newspaper publications with electronic publications; and, clarifies
that the web site will link state, county, municipal and other previously published legal notices
and advertisements. The memorial further invites the participation of the New Mexico Press
Association to the work group.
Synopsis of Original Bill
House Memorial 62 encourages the establishment of a state-authorized web site for publication of
legal notices and legal advertisements as an alternative to newspaper publication of such notices and
advertisements.
The memorial provides the following comments:
•
Legal notices are published in a wide range of publications for various jurisdictions
throughout the state.
•
Legal notices are published by state agencies, counties, municipalities, villages and other
entities.
•
Almost all New Mexicans now have access to the internet through local libraries and schools,
if not in their homes.
•
A central on-line repository or web site of legal notices and legal advertisements would be
readily accessible to people throughout the state.
•
A state-sponsored web site could be made available without charge.
pg_0002
House Memorial 62/aHBIC – Page
2
The memorial further provides that a work group as defined in the bill report its findings and
recommendations to the information technology oversight committee during the 2007 interim.
FISCAL IMPLICATIONS
The memorial requests a work group be assembled from among state and local agencies that publish
legal notices to study means of implementing a workable, user- friendly, state-sponsored web site
that links or integrates previously published state, county, municipal and other legal notices and
legal advertisements. Costs to state and local governments will be determined by how often the work
group meets; and, the costs to implement any recommendations made by the group.
A central on-line repository or web site of legal notices could pose a significant cost savings to
department budgets. Changes in economic conditions within the newspaper industry, the general
economy and inflation continue to increase the States’ costs in the publishing of notices and
advertisements.
SIGNIFICANT ISSUES
The memorial makes a declaration that “almost all New Mexicans" have access to the internet
through their homes, local libraries and schools. Various sources reporting on internet use in
older Americans show that only a third of seniors age 65 and older have ever gone online.
Nationally, research
shows that older Americans are in danger of being cut off from one of the
most provocative communication mediums of the 21
st
century. In the United States, elderly
adults make up 13% of the population with only 4% using the Internet. Overall, 56% of America
is online and out of that percentage, only 15% age 65 and over have direct access to the Internet.
(Robert J. Campbell, James Wabby: The Elderly and the Internet: A Case Study. The Internet
Journal of Health. 2003. Volume 3 Number 1.)
PERFORMANCE IMPLICATIONS
The memorial requests the chief information officer convene a work group and include among
representatives of the New Mexico municipal league, the New Mexico association of counties and
other political entities, as well as at least one representative each from a state agency, a county
agency and a municipal agency.
ADMINISTRATIVE IMPLICATIONS
The memorial will require participation of state, county and municipal agencies state-wide; and,
these entities may need to prioritize and redirect staff for participation in the work group
OTHER SUBSTANTIVE ISSUES
The memorial relates to various state statutes; for instance, Section 14-11-10.2 NMSA 1978
regarding the electronic posting of legal notices. “Legal notices and advertisements of a state
agency shall be posted on the state agency's web site. If a county, municipality, board of
education or other political subdivision of the state has a web site, it shall post its legal notices
and advertisements on its web site. Electronic posting is not a substitute for required
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House Memorial 62/aHBIC – Page
3
publication of legal notices and advertisements, and failure to electronically post shall not
constitute grounds to challenge, void, set aside or otherwise delay a proceeding properly noticed
and advertised pursuant to nonelectronic notice requirements."
WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL
Legal notices will continue to be published in various publications dependent upon the
Department’s need and according to current law.
AHO/nt