FIFTY-FIRST LEGISLATURESB 554/a

FIRST SESSION, 2013

February 26, 2013

Mr. President:

    Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred

SENATE BILL 554

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

    1. On page 2, between lines 11 and 12, insert the following new section:

    "SECTION 2. Section 48-4-2 NMSA 1978 (being Laws 1949, Chapter 15, Section 2) is amended to read:

    "48-4-2. TIME FOR FILING CLAIM--CONTENTS OF CLAIM.--[Every]

         A. An abstracter claiming the benefit of [this Act must] Sections 48-4-1 through 48-4-4 NMSA 1978 shall, within ninety [(90)] days after the date of the certificate in the abstract for which lien is claimed, file for record with the county clerk of the county [or counties] in which the property, or any part [thereof] of it covered by [said] the abstract, is situated, a claim containing a statement of [his] the abstracter's demands, after deducting all just credits and offsets, the name of the owner, [and also] the name of the person by whom [he] the abstracter was employed and [also] a description of the property to be charged with the lien sufficient for identification, which claim [must] shall be verified by the oath of the claimant or of some other person.

         B. No lien that is claimed pursuant to the provisions of Chapter 48, Article 4 NMSA 1978 and that is recorded in the office of the county clerk may be enforced by action or considered of record unless the person entitled to a lien gave written notice to the property owner and the person by whom the abstracter was employed and the date and method of delivery of the notice are listed on the recorded lien."".

    2. Renumber the succeeding sections accordingly.,

and thence referred to the JUDICIARY COMMITTEE.

                               Respectfully submitted,

                               ___________________________________

                               Gerald Ortiz y Pino, Chairman

Adopted_______________________ Not Adopted_______________________

          (Chief Clerk) (Chief Clerk)

                  Date ________________________

The roll call vote was 7 For 1 Against

Yes:      7

No:       Candelaria

Excused: None

Absent:   None

SB0554PA1.wpd                                              .193431.1