SB 2069 — Relating to publication requirements for legal notices.

25.8065.03000 Sixty-ninth Legislative Assembly of North Dakota SECONDIn ENGROSSMENTRegular REENGROSSEDSession SENATECommencing BILLTuesday, NO.January 7, 2025 (State and Local Government Committee) (At the request of the Public Service Commission) AN ACT to amend and reenact section 46-05-09 of the North Dakota Century Code, relating to publication requirements for legal notices.

2069 Introduced by State and Local Government Committee (At the request of the Public Service Commission) A BILL for an Act to create and enact a new section to chapter 46-05 of the North Dakota Century Code, relating to publication requirements.

AAMENDMENT. new section to chapter 46-05 of the North Dakota Century Code is created and enacted as follows:

GovernmentSection publication.46-05-09 of the North Dakota Century Code is amended and reenacted as follows:

A46-05-09. unit of government may file a published notice with the secretary of state whenever the unit of government is required by law to publish notice in a newspaper.

UnlessPublication otherwise provided by law, a notice required by law which is filed and posted by the secretary of statelegal fulfillsnotices publicationon requirementswebsite. if a newspaper fails to publish the notice required by law.

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1When 25.8065.03000a legal notice is required by law to be published in a newspaper, the newspaper also shall publish the notice on a statewide legal notices website maintained by the North Dakota newspaper association and on the newspaper's website in a location open and free to the public, if the newspaper maintains a website, at no additional cost to the entity placing the notice.

2.

A state agency may request immediate publication of a notice on the North Dakota newspaper association public notice website and the North Dakota newspaper association must provide an affidavit of the posting.

The posting is considered legal notification if a newspaper fails to publish the legal notice in the newspaper.

3.

If an insubstantial error in the notice occurs as a result of placement on the website and the error is the fault of the newspaper, the error does not affect the validity and effectiveness of the notice.

4.

A notice required by law which is published on a statewide legal notices website maintained by the North Dakota newspaper association or on a website maintained by the proper governmental unit, fulfills the publication requirement if a newspaper fails to publish the notice required by law in the newspaper.

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2069 - PAGE 2 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2069.

Senate Vote:

Yeas 32 Nays 15 Absent 0 House Vote:

Yeas 72 Nays 17 Absent 5 ____________________________ Secretary of the Senate Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State