HOUSE MEMORIAL 133

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Roberto "Bobby" J. Gonzales

A MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO STUDY THE COSTS, BENEFITS, EFFECTIVENESS AND VARIETY OF AVAILABLE APPROPRIATE COMMUNICATION MODALITIES THAT SHOULD BE CONSIDERED FOR PUBLICATION OF LEGAL NOTICES.

     WHEREAS, publication of legal notices is a necessary step in providing members of the public with information about those matters that are required to be published in accordance with New Mexico statutes; and

     WHEREAS, it is now traditional to require publication of legal notices in newspapers of general or local circulation for multiple weeks to provide adequate time for the public to read the notice; and

     WHEREAS, the world of media is now in a period of rapid transition and many newspapers of general circulation are ceasing to publish hard copies of their papers and, if not going out of business altogether, are opting to publish their papers on the internet and make them available on a subscription basis only; and

     WHEREAS, many members of the public have shifted to obtaining news about world, national or local events from terrestrial radio and television broadcasters or on the internet through news services or on blogs or web pages of commentators; and

     WHEREAS, as when newspapers were first published, there were newspapers in many small communities, but now there are many small communities in which no local paper is published, and if more regional newspapers cease circulation, there will again be no publication available in which to publish legal notices that remain essential to an informed populace and to fulfill many statutory publication mandates; and

     WHEREAS, it is necessary to adjust to the changing availability of media, and finding a cost-effective means for persons to give legal notice that is readily available and accessible for people who should receive the notice will require study to determine the best manner to make a transition to new media modalities in a way that remains flexible so that as even newer methods of mass communication are devised, persons required to give legal notice will have the flexibility to use those modalities;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico legislative council be requested to study the costs, benefits, effectiveness and variety of available appropriate communication modalities for publication of legal notices by assigning this study to a subcommittee of the legislative council, creating a task force or assigning the study to an appropriate interim legislative committee; and

     BE IT FURTHER RESOLVED that the body assigned with studying the costs, benefits, effectiveness and variety of available appropriate communication modalities report to the legislature on its findings and prepare appropriate legislation to accomplish the expansion of communication modalities that may be used to publish legal notices; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the co-chairs of the New Mexico legislative council, the chair of the New Mexico broadcasters association, the chair of the New Mexico press association, the president of the state bar of New Mexico and the dean of the university of New Mexico school of law.

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