MILD
SB 307
PUBLIC RECORDS CHANGES
- Legislative URL:
- SB 307 on nmlegis.gov
- Emergency Clause:
- No
- Germane:
- N/A
- Location:
- Signed
- Action:
- [4] SPAC/SJC-SPAC [12] DP-SJC [14] DP [21] PASSED/S (32-5) [30] HVEC/HJC-HVEC [36] DP-HJC [51] DP/a [52] fl/a- PASSED/H (65-0) [44] s/cncrd SGND (Apr.5) Ch.214.
- Issue(s):
- Land Use & Growth
Related Legislators
- Bill Sponsor:
- Daniel Ivey-Soto
Related Documents
- Downloads:
-
Introduced
SPAC Committee Report
SJC Committee Report
Final Senate Vote
HVEC Committee Report
HJC Committee Report
Final House Vote
House Floor Amendment 1
Fiscal Impact Report
Final Version
Summary
The bill makes a number of amendments to current law regarding public records, including adding and removing types of documents that must be acknowledged by a notary in order to be recorded. It removes the exemption for certain mining location notices that allowed such notices to be recorded without being acknowledged. The types of mining location notices involved are those for “mining claims upon a vein or lode of quartz or other rock in place bearing gold, silver, cinnabar, lead, tin, copper or other valuable deposit” (Sections 69-3-1 and 69-3-12 NMSA 1978) and amended or additional notices related to those claims.
Under New Mexico law (Section 14-12A-2 NMSA 1978), a notary acknowledges a document when a person:
- “appears in person before the notary public and presents a document;
- is personally known to the notary public or identified by the notary public through satisfactory evidence; and
- indicates to the notary public that the signature on the document was voluntarily affixed by the person for the purposes stated within the document and, if applicable, that the person had due authority to sign in a particular representative capacity.”
Acknowledgements are designed to help prevent fraud. Thus, one potential benefit of the bill’s removing the exemption for mining notices might be that it will decrease fraud in the recording on mining location notices to the extent that any such fraud exists.
Date of Summary: 1/31/2013