SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR

SENATE BILL 147

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

AN ACT

RELATING TO PUBLIC NOTICE; PROVIDING FOR PUBLICATION OF LEGAL NOTICES ON AN AUTHORIZED WEB SITE.

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

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

     "14-11-1. LEGAL NOTICES AND ADVERTISEMENTS DEFINED.--Any notice or other [written] matter [whatsoever] required to be published in a newspaper or on an authorized web site by any law of this state or by the order of any court of record of this state shall be deemed [and held to be] a legal notice or advertisement within the meaning of [this Act] Chapter 14, Article 11 NMSA 1978."

     SECTION 2. A new section of Chapter 14, Article 11 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] ADDITIONAL DEFINITIONS.--As used in Chapter 14, Article 11 NMSA 1978:

          A. "authorized web site" means a web site that is controlled and maintained by a nonprofit association of qualified radio and television stations that maintains its principal place of business in New Mexico; and

          B. "qualified radio or television stations" means radio and television stations that have commercial licenses issued by the federal communications commission and are full-power stations."

     SECTION 3. Section 14-11-2 NMSA 1978 (being Laws 1937, Chapter 167, Section 2, as amended) is amended to read:

     "14-11-2. REQUIREMENT FOR PUBLICATION OF LEGAL NOTICE OR ADVERTISEMENT.--

          A. Any and every legal notice or advertisement shall be published:

                (1) in a daily, tri-weekly, [a] semi-weekly or [a] weekly newspaper of general circulation that can be obtained by single copy and that is entered under the second class postage privilege in the county in which the notice or advertisement is required to be published [which newspaper, if]; or

                (2) by posting on an authorized web site.           B. The newspaper in which a legal notice or advertisement is published:

                (1) if the newspaper is published tri-weekly, semi-weekly or weekly, shall have been so published in the county continuously and uninterruptedly during the period of at least twenty-six consecutive weeks next prior to the first issue thereof containing any such notice or advertisement; and [which newspaper]

                (2) if the newspaper is published daily, shall have been so published in the county uninterruptedly and continuously during the period of at least six months next prior to the first issue thereof containing any such notice or advertisement; provided that the mere change in the name of any newspaper or the removal of the principal business office or seat of publication of any newspaper from one place to another in the same county shall not break or affect the continuity in the publication of any such newspaper if the newspaper is in fact continuously and uninterruptedly printed and published within the county. [as provided in this section; provided further that]

          C. All qualified radio and television stations shall announce the existence and internet address of an authorized web site without charge at least once a day between the hours of 5:00 a.m. and 10:00 p.m. The announcement shall advise the public of the availability of legal notices and advertisements on that web site. An authorized web site shall archive its published legal notices and advertisements for a period of at least seven years, and the archive shall be accessible to the public.

          D. A newspaper or an authorized web site shall not lose its rights as a legal publication if it fails to publish one or more of its issues by reason of fire, flood, accident, transportation embargo, [or] tie-up, electrical or web-hosting outage or other casualty beyond the control of the publisher. [provided further that any]

          E. A legal notice [which] or advertisement that fails [of publication] to be published in the newspaper or on an authorized web site for the required number of insertions by reasons beyond the control of the publisher of the newspaper or the authorized web site shall not be declared illegal if the publication has been made in at least one issue of the [publication; and provided further that] newspaper or on the authorized web site.

          F. A New Mexico qualified radio or television station does not violate Section 14-11-1 NMSA 1978 if it fails to announce the availability of legal notices and advertisements on an authorized web site by reason of fire, flood or accident or other casualty beyond the control of the station.

          G. If in any county in this state there has not been published any newspaper for the prescribed period at the time when any such notice or advertisement is required to be published, the notice or advertisement may be published in any newspaper having a general circulation or published and printed in whole or in part in that county and that can be obtained by single copy in that county."

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