A. The board shall cause all brands now on record to be re-recorded whenever the board deems necessary to clear records of unused brands. For this purpose, the board shall mail a notice, addressed to each owner of a brand now of record with the board at the current address shown on the brand record, requiring the owners of brands to file with the director any brand being on record to the owners. In addition to this notice, the board shall publish in either English or Spanish or both in at least one newspaper in each county in this state where there is a newspaper a copy of the notice to re-record. The publication shall continue for at least four consecutive weeks.

B. Within three months from the date of the first publication of the notice to re-record, owners of brands of record in the office of the board shall file with the director the brands in actual use and recorded by them and pay the re-recording fee. The fees shall be deposited in the proper fund of the board. Re-recording shall not be required more often than once in a three-year period.

History: Laws 1923, ch. 146, § 1; C.S. 1929, § 4-1445; 1941 Comp., § 49-919; Laws 1949, ch. 47, § 1; 1953 Comp., § 47-9-18; Laws 1971, ch. 50, § 4; 1975, ch. 91, § 3; 1981, ch. 357, § 8; 1993, ch. 248, § 54; 1978 Comp., § 77-9-20, amended and recompiled as 1978 Comp., § 77-2-7.12 by Laws 1999, ch. 282, § 19.

Cross references. — For "legal newspaper," see 14-11-2 NMSA 1978.

The 1999 amendment, effective July 1, 1999, recompiled this section which was formerly 77-9-20 NMSA 1978 and, in Subsection A, substituted "current address" for "post office address" and deleted "of the board an exact facsimile of" preceding "any brand" in the second sentence; in Subsection B, in the first sentence, deleted "of the board a facsimile of" preceding "the brands", and substituted "and pay the re-recording fee" for "fee for the rerecording of brands shall be fixed by the board in a sum not to exceed the amount prescribed by law for each brand rerecorded the fee to include one certified copy of the rerecording of the brand to be furnished the owner by the board with the proceeds to be used for the cost of notice given as provided in this section; provided that any excess of money from these"; and made stylistic changes throughout the section.

The 1993 amendment, effective June 18, 1993, inserted the subsection designations "A" and "B"; deleted "New Mexico livestock" preceding "board" in five places; substituted "proper fund" for "indemnity fund" near the end of the next to last sentence; and made minor stylistic changes.

The 1981 amendment, near the beginning of the second sentence in the second paragraph, substituted "the amount prescribed by law" for "fifteen dollars ($15.00)" and "shall" for "to" following "fee" and deleted "thereof" following "owner."