HOUSE BILL 158

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

INTRODUCED BY

Al Park

AN ACT

RELATING TO ADOPTIONS; PROVIDING REQUIREMENTS FOR CERTAIN ADVERTISEMENTS FOR ADOPTION SERVICES; PROVIDING PENALTIES AND PRIVATE REMEDIES.

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

     SECTION 1. A new section of the Adoption Act is enacted to read:

     "[NEW MATERIAL] ADVERTISING ADOPTION SERVICES--REQUIREMENTS--PENALTIES.--

          A. A person, other than a person described in Subsection E of this section, shall not advertise adoption services unless the advertisement includes the following statement: "WARNING: (INSERT NAME OF PERSON ADVERTISED) IS NOT AUTHORIZED OR PERMITTED TO PROVIDE ADOPTION SERVICES WITHIN NEW MEXICO.". If the advertisement is in print, the required statement shall be entirely in uppercase letters and in a print size no smaller than that generally used in the advertisement. If the advertisement is spoken, the required statement shall be spoken at the same pace and volume as that generally used in the advertisement.

          B. A person who violates this section is guilty of a misdemeanor and shall be sentenced in accordance with the provisions of Section 32A-5-42 NMSA 1978.

          C. A violation of this section constitutes an unfair or deceptive trade practice pursuant to the Unfair Practices Act.

          D. For purposes of this section, "advertise" means to communicate, market, promote, induce or solicit by public media originating or distributed in New Mexico, including newspapers, periodicals, telephone book listings, outdoor advertising, radio, television or other electronic media.

          E. This section does not apply to:

                (1) the department or a person authorized to act on behalf of the department;

                (2) an agency licensed by the department;

                (3) an investigator or counselor;

                (4) an attorney licensed in the state who advertises legal services relating to adoption; or

                (5) a prospective adoptive parent who is acting alone on the prospective adoptive parent's own behalf and who has a current, approved pre-placement report as required by the department.

          F. An advertising, marketing or promotional medium that accepts and publishes or otherwise distributes in good faith an advertisement that does not meet the requirements of this section is not subject to civil or criminal penalties pursuant to this section."

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