S.B. 105

1

LEGAL NOTICE PUBLICATION REQUIREMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: John L. Valentine
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill addresses the publication of statutorily required legal notices.
10 Highlighted Provisions:
11 This bill:
12 . eliminates an exception from publication requirements for a county of the first or
13 second class; and
14 . makes technical changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 45-1-101, as last amended by Laws of Utah 2010, Chapters 90 and 254
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 45-1-101 is amended to read:
25 45-1-101. Legal notice publication requirements.
26 (1) As used in this section:
27 (a) "Legal notice" means:

28 (i) a communication required to be made public by a state statute or state agency rule;
29 or
30 (ii) a notice required for judicial proceedings or by judicial decision.
31 (b) "Legal notice" does not include a public notice published by a public body in
32 accordance with the provisions of Sections 52-4-202 and 63F-1-701 .
33 (2) (a) Notwithstanding any other legal notice provision established in this Utah Code,
34 a person required to publish legal notice:
35 (i) until January 1, 2010, shall publish as required by the statute establishing the legal
36 notice requirement; and
37 (ii) beginning on January 1, 2010, shall publish legal notice:
38 (A) as required by the statute establishing the legal notice requirement; and
39 (B) on a website established by the collective efforts of Utah's newspapers.
40 (b) A person's publishing legal notice as required under Subsection (2)(a) does not
41 relieve the person from complying with an otherwise applicable requirement under Title 52,
42 Chapter 4, Open and Public Meetings Act.
43 [(3) Beginning on January 1, 2012, notwithstanding any provision of law requiring
44 publication of legal notice in a newspaper, a person who publishes legal notice that is required
45 to be given in a county of the first or second class:]
46 [(a) is not required to comply with the requirement to publish legal notice in a
47 newspaper;]
48 [(b) is required to publish legal notice on the website described in Subsection
49 (2)(a)(ii)(B); and]
50 [(c) may, in addition to complying with Subsection (3)(b), publish legal notice in a
51 newspaper.]
52 [(4)] (3) The website described in Subsection (2)(a)(ii)(B) may not:
53 (a) charge a fee to publish a legal notice on the website before January 1, 2012; and
54 (b) charge more than $10 to publish a legal notice on the website on or after January 1,
55 2012.

Legislative Review Note
as of 12-13-10 9:35 AM

Office of Legislative Research and General Counsel