SB0258: SUMMARY OF INTRODUCED BILL IN COMMITTEE (Date Completed: 4-29-21) - NEWSPAPERS; PUBLIC NOTICES

NEWSPAPERS; PUBLIC NOTICES                                                                                                                       S.B. 258 & 259:

                                                                                                                                                                SUMMARY OF INTRODUCED BILL

                                                                                                                                                                                                                IN COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bills 258 and 259 (as introduced 3-18-21)

Sponsor:   Senator Curtis VanderWall (S.B. 258)

                            Senator Sylvia Santana (S.B. 259)

Committee:   Local Government

 

Date Completed:   4-29-21

 


CONTENT

 

Senate Bill 258 would amend Public Act 247 of 1963, which defines the term "newspaper" as used in State statutes regarding the publication of notices, to do the following:

 

 --     Modify the definition of "newspaper".

 --     Require a person that operated a newspaper in which a notice was published to provide access to the notice on the newspaper's website at no additional cost, and require the website to satisfy certain requirements.

 --     R equire a person that operated a newspaper in which a notice was published to place the notice on a website that was established and maintained by a State association of newspapers, and require the website to comply with certain requirements.

 --     Specify that a publication that met the definition of "newspaper" but was controlled by the person on whose behalf the notice was published or by an officer, employee, agent, or affiliate of the person would not be qualified to serve as a newspaper for publication of the notice.

 

Senate Bill 259 would amend the Revised Judicature Act to redefine "newspaper", with respect to the publication of a notice, as that term would be defined in Senate Bill 258, with the required area being the county in which the court was located, unless a different required area was designated.

 

The bills are tie-barred. Senate Bill 259 also would repeal Section 1950 of the Revised Judicature Act. (That section defines "newspaper" for the purposes of Chapter 19 (Commencement of Action and Service of Process) of the Act.)

 

Senate Bill 258 is discussed in greater detail below.

 

Definition of "Newspaper"

 

Under Public Act 247 of 1963, a "newspaper" as used in any State statute, except the Revised Judicature Act in relation to a publication of a notice of any kind, must be construed to refer only to a newspaper published in English for the dissemination of local or transmitted news and intelligence of a general character, or legal news, which meets the following:

 

 --       It has a bona fide list of paying subscribers or be published at not less than weekly intervals in the same community without interruption for at least two years.

 --       It has been published and of general circulation at not less than weekly intervals without interruption for at least one year in the county, township, city, village, or district where the notice is required to be published; a newspaper does not lose eligibility for interruption of continuous publication because of acts of God, labor disputes, or because of military service of the publisher for a period of no mo