00                            SENATE BILL NO. 173                                                                         
01 "An Act relating to the requirements to qualify as a newspaper in which notices of                                      
02 property sales are published."                                                                                          
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 09.35.140 is amended to read:                                                                     
05            Sec. 09.35.140.  Notice of sale on execution.  Before the sale of property on                              
06       execution, notice of the sale shall be given as follows:                                                          
07                 (1)  notice of the sale of personal property is given by posting a written                              
08       or printed notice of the time and place of sale in three public places within five miles                          
09       of the place where the sale is to be held, not less than 10 days before the day of sale;                          
10       one of the notices shall be posted at the post office nearest to the place where the sale                         
11       is to take place;                                                                                                 
12                 (2)  notice of the sale of real property is given by posting a similar                                  
13       notice particularly describing the property, including the property's street address if                           
14       there is a street address for the property, not less than 30 days before the day of sale in                       

01       three public places, as provided in (1) of this section, and publishing a copy of the                             
02       notice four times, once a week for four successive weeks in a newspaper of general                                
03       circulation published nearest to the place of sale; an inaccuracy in the street address                           
04       may not be used to set aside a sale if the legal description is correct; in this paragraph,                       
05       "newspaper of general circulation" means a publication that                                                       
06                      (A)  is published in newspaper format;                                                             
07                      (B)  is distributed at least once a week for at least 50 weeks                                     
08            each year within the judicial district, excluding a period when publication is                               
09            interrupted by a labor dispute or by a natural disaster or other casualty that the                           
10            publisher cannot control; and has a total paid circulation or paid distribution of                           
11            at least 500 copies, or 10 percent of the total population of the judicial district,                         
12            whichever is less; in this subparagraph, "judicial district" means the judicial                              
13            district where the place of sale is located;                                                                 
14                      (C)  [HOLDS A SECOND CLASS MAILING PERMIT FROM                                                     
15            THE UNITED STATES POSTAL SERVICE;                                                                            
16                      (D)]  is not published primarily to distribute advertising; and                                    
17                      (D)  [(E)] is not intended primarily for a particular professional                             
18            or occupational group.