SENATE BILL 587

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO LEGAL NOTICES; REQUIRING THAT LEGAL NOTICES OR ADVERTISEMENTS BE PUBLISHED IN A PUBLICATION THAT HAS AN AUDIT OF CIRCULATION.

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

     SECTION 1. 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.--

          [Any and] A. Except as otherwise provided in this section, every legal notice or advertisement shall be published in a daily, tri-weekly, [a] semi-weekly or [a] weekly newspaper of general circulation that:

                (1) can be obtained by single copy [and that];

                (2) is entered under the second class postage privilege in the county in which the notice or advertisement is required to be published; [which newspaper]

                (3) has an audit of circulation certified by an independent auditing firm or a business recognized in the newspaper industry as a circulation auditor;

                (4) if published tri-weekly, semi-weekly or weekly, [shall have] has 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] that immediately precede the issue containing [any such] the notice or advertisement; [and which newspaper] and

                (5) if published daily, [shall have] has been so published in the county [uninterruptedly and] continuously during the [period of at least] six months [next prior to the first issue thereof] that immediately precede the issue containing [any such] the notice or advertisement. [provided that]

          B. The mere change in the name of [any] a newspaper or the removal of the principal business office or seat of publication of [any] a newspaper from one place to another in the same county shall not break or affect the continuity in the publication of [any such] the newspaper if the newspaper is in fact continuously [and uninterruptedly] printed and published within the county as [provided] required in this section. [provided further that]

          C. A newspaper 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 or other casualty beyond the control of the publisher. [provided further that any]

          D. A legal notice [which fails of publication for] that is not published the required number of [insertions by] times for reasons beyond the control of the publisher shall not be declared illegal if the [publication has been made] notice has been published in one issue of the publication. [and provided further that]

          E. If in any county [in this state there has not been published any] there is not a newspaper that has been published for the prescribed period at the time when [any such] a notice or advertisement is required to be published, the notice or advertisement may be published in any newspaper [having] that has a general circulation or that is 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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