When legal notices are required to be published in a newspaper of general circulation, present law requires the notice to also be published on a news and information website that has a URL, if such a website exists, that meets all of the following criteria:  Has been published continuously for the previous 12-month period.  Has been published using recognized standards of professional journalism.  Must have content revised on a regular basis not less than three times per week.  Bears a fixed title or name and date lines and complies with and abides by all copyright laws.  Does not serve primarily as a platform to promote the interests or opinions of a special interest group, individual, or cause.  Is principally devoted to the dissemination of local or general news with at least 50% of all editorial content reported being original, excluding advertisements.  Exists and is registered pursuant to state law with the secretary of state, and must have an office of publication known to be based in the county in which the notice is required to be published and that is available and open to the public where business is transacted during usual business hours, that maintains a telephone number and email listing, and that includes in each updated publication the contact information of the website. This bill adds to the list of criteria above that the website must not require a fee or a subscription for a person to view the website. ON APRIL 21, 2025, THE HOUSE ADOPTED AMENDMENTS #1 AND #2 AND PASSED HOUSE BILL 773, AS AMENDED. AMENDMENT #1 requires the website to, also, be a separate and distinct website from the newspaper of general circulation that is owned by an entity other than the newspaper of general circulation. This amendment requires that the owner of a website where legal notices are published: (1) Charge a rate for such publication that is calculated by the word. The rate for each word must be comparable, but must not exceed, the established rates the owner charges other advertisers; and (2) Include on the invoice to the person or entity paying for such publication an affidavit listing the number of days the notice was published on the website. This amendment also exempts sales of land to foreclose a deed of trust, mortgage, or other lien from the requirements from the internet publication requirements of present law and this bill. AMENDMENT #2 adds an exemption for the publication of sample ballots from the internet publication requirements of present law and this bill. ON APRIL 22, 2023, THE SENATE SUBSTITUTED HOUSE BILL 773 FOR SENATE BILL 760 AND REFERRED HOUSE BILL 773 TO THE FINANCE COMMITTEE.

Statutes affected:
Introduced: 1-3-120(f), 1-3-120