00CS FOR HOUSE BILL NO. 236(RLS)                                                                                          
01 "An Act relating to notices for the sale of certain real property."                                                     
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1.  AS 09.35.140 is amended to read:                                                                       
04  Sec. 09.35.140.  NOTICE OF SALE ON EXECUTION.  Before the sale of                                                     
05 property on execution, notice of the sale shall be given as follows:                                                    
06   (1)  notice [NOTICE] of the sale of personal property is given by                                                  
07 posting a written or printed notice of the time and place of sale in three public places                                
08 within five miles of the place where the sale is to be held, not less than 10 days                                      
09 before [PRIOR TO] the day of sale; one [.  ONE] of the notices shall be posted at the                               
10 post office nearest to the place where the sale is to take place; [.]                                                 
11   (2)  notice [NOTICE] of the sale of real property is given by posting                                              
12 a similar notice particularly describing the property not less than 30 days before the                                  
13 day of sale in three public places, as provided in (1) of this section, and publishing a                                
14 copy of the notice four times, once a week for four successive weeks in a newspaper                                     

01 of general circulation published nearest to the place of sale; in this paragraph,                                      
02 "newspaper of general circulation" means a publication that                                                             
03   (A)  is published in newspaper format;                                                                              
04   (B)  contains, in at least 25 percent of each issue, editorial                                                      
05 comments and news content that is of general interest in the judicial                                                   
06 district, not just to a particular part of the judicial district; has more than                                         
07 an insignificant circulation throughout the judicial district; is distributed                                           
08 at least once a week each year within the judicial district, excluding a                                                
09 period when publication is interrupted by a labor dispute or by a natural                                               
10 disaster or other casualty that the publisher cannot control; and has a total                                           
11 paid circulation or distribution of at least 500 copies, or 10 percent of the                                           
12 total population of the judicial district, whichever is less; in this                                                   
13 subparagraph, "judicial district" means the judicial district where the                                                 
14 place of sale is located;                                                                                               
15   (C)  holds a second class mailing permit from the United                                                            
16 States Postal Service;                                                                                                  
17   (D)  is not published primarily to distribute advertising; and                                                      
18   (E)  is not intended primarily for a particular professional                                                        
19 or occupational group.                                                                                                 
20    * Sec. 2.  AS 09.65 is amended by adding a new section to read:                                                      
21  Sec. 09.65.160.  ACTION TO ESTABLISH NEWSPAPER STATUS.  A person                                                      
22 who owns a publication may bring an action under AS 22.10.020(g) to establish that                                      
23 the publication is a newspaper of general circulation under AS 09.35.140(2).