SB 61 — Publication Counties Without Legal Newspapers

SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0326.03This Jacobbill Benningtonhas x2371been SENATEprepared BILLfor 26-061the SENATEsignatures SPONSORSHIPof Richthe andappropriate Roberts,legislative Carson,officers Coleman,and Kipp,the Liston,Governor. Marchman, Pelton R.

HOUSETo SPONSORSHIPdetermine Lukenswhether andthe Richardson,Governor Duran,has McCluskiesigned ethe nbill mor 2taken Eother naction 0on Uit, Uplease ,consult Othe ilegislative istatus Hsheet, athe plegislative Senatehistory, Committeesor Housethe CommitteesSession RLaws. A Local Government & Housing Transportation, Housing & Local Government r d A BILL FOR AN ACT d 6 e 0 C ONCERNING A CHANGE TO LEGAL NOTICE PUBLICATION S a , U U 3 REQUIREMENTS FOR A COUNTY WITHOUT A REQUISITE LEGAL H g r d a NEWSPAPER .

eSENATE MBILL d26-061 BillBY SummarySENATOR(S) (Note:Rich and Roberts, Carson, Kipp, Liston, Marchman, Pelton R., Coleman;

Thisalso summaryREPRESENTATIVE(S) appliesLukens to this bill as introduced and doesRichardson, dDuran, eMcCluskie. 6 notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill m 0 passes third reading in the house of introduction, a bill summary that T n , N g 3 applies to the reengrossed version of this bill will be available at E i c http://leg.colorado.gov.) S e a R M r Current law requires a county to publish a legal notice or 3 advertisement (notice) in a legal newspaper that satisfies certain requirements, including a publication period requirement (legal i newspaper).

IfC aONCERNINGACHANGETOLEGALNOTICEPUBLICATIONREQUIREMENTSFOR legalA newspaperCOUNTY doesWITHOUT notA existREQUISITE inLEGAL aNEWSPAPER county,. the countyis a 6 e 2 permitted to use certain alternatives.

The bill removes the publication T d 2 A n 2 E d c Shading denotes HOUSE amendment.

Double underlining denotes SENATE amendment.

S d a Capital letters or bold & italic numbers indicate new material to be added to existing law.n M Dashes through the words or numbers indicate deletions from existing law.

m A period requirement for a newspaper to be considered a legal newspaper.

Thebillalsoexpandsandclarifiesthealternativesforacountytopublish a notice when the county does not have a legal newspaper.

SECTIONSECTION1. 1.

InInColoradoRevisedStatutes,24-70-103,amend Colorado Revised Statutes, 24-70-103, amend (1) and (3);

(1) AnyandeverylegalnoticeoradvertisementshallbepublishedAny and every legal notice or advertisement shall be published only IN THE FOLLOWING ORDER OF PRIORITY in a daily, a triweekly, a semiweekly,oraweeklynewspaperofgeneralcirculation:andprintedorsemiweekly, published in whole or ina partweekly innewspaper theof countygeneral incirculation: which such notice or advertisement is required to be published, except as provided in this section.

Theand newspaper,printed ifor published triweekly,in semiweekly,whole or weekly, shall have been so published in suchpart county, except as provided in this section, continuously and uninterruptedly during the periodcounty ofin atwhich least fifty-twoconsecutiveweeksnextpriortothefirstissuethereofcontaining any such notice or advertisement;advertisementisrequiredtobepublished,exceptasprovidedinthissection.

andThe the newspaper, if published daily,triweekly, semiweekly, or weekly, shall have been so published in such county, uninterruptedlyexcept as provided in this section, continuously and continuously,uninterruptedly during the period of at least sixfifty-two months________ nextCapital priorletters toor thebold firstissuethereofcontaininganysuchnoticeoradvertisement.Inthecase& ofamunicipalityhavingterritoryintwocounties,eachofwhichcountiesitalic hasoneormorelegalnewspaperswithinthemunicipality,thepublicationnumbers bysuchmunicipalityofitslegalnoticesandadvertisementsinoneofsuchindicate newspapersnew shallmaterial beadded construedto asexisting validlaw; publication under this part 1.

(a)dashes Fthrough IRS,words INor SUCHnumbers Aindicate NEWSPAPERdeletions THATfrom HASexisting BEENlaw PRINTEDand ORsuch PUBLISHEDmaterial ,INis WHOLEnot ORpart INof PART,INthe THEact. COUNTY IN WHICH THE LEGAL NOTICE OR ADVERTISEMENT IS REQUIRED TO BE PUBLISHED -2- 061 UNINTERRUPTEDLY AND CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO THE FIRST ISSUE CONTAINING THE LEGAL NOTICE OR ADVERTISEMENT AND THAT SATISFIES THE REQUIREMENTS OF A LEGAL PUBLICATION SPECIFIED IN SECTIO24-70-102;

(b)consecutive SECONDweeks ,INnext SUCHprior Ato NEWSPAPERthe THATfirst HASissue BEENthereof PRINTEDcontaining ORany PUBLISHED,INsuch WHOLEnotice ORor INadvertisement; PART,IN THE COUNTY IN WHICH THE LEGAL NOTICE OR ADVERTISEMENT IS REQUIRED TO BE PUBLISHED UNINTERRUPTEDLY AND CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO THE FIRST ISSUE CONTAINING THE LEGAL NOTICE OR ADVERTISEMENT ANDTHATSATISFIESTHEREQUIREMENTSTOBEADMITTEDTOTHE U NITED STATES MAILS WITH PERIODICALS MAILING PRIVILEGES BUT FOR THE ABSENCE OF PAID CIRCULATION THAT IS DISTRIBUTED WITHIN THE TERRITORIAL BOUNDARIES OF THE COUNTY;OR (c) THIRD,IN SUCH A NEWSPAPER THAT HAS BEEN PRINTED OR PUBLISHED,IN WHOLE OR IN PART,IN THE COUNTY IN WHICH THE LEGAL NOTICE OR ADVERTISEMENT IS REQUIRED TO BE PUBLISHED THAT WOULD OTHERWISESATISFYTHEREQUIREMENTSOFSUBSECTIONS (1)(aOR (1)(b) OFTHISSECTIONBUTFORTHEREQUIREMENTTHATTHENEWSPAPERSHALL HAVE BEEN PUBLISHED IN THE COUNTY UNINTERRUPTEDLY AND CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO THE FIRST ISSUE CONTAINING THE LEGAL NOTICE OR ADVERTISEMENT.

(1.5)and Ithe Anewspaper, MUNICIPALITYif ORpublished SPECIALdaily, DISTRICTshall HAShave TERRITORYbeensopublishedinsuchcounty,uninterruptedlyandcontinuously,during INthe TWOperiod COUNTIESof ,EACHat OFleast WHICHsix HASmonths ONEnext ORprior MOREto NEWSPAPERSthe THATfirst SATISFYissue THEthereof REQUIREMENTScontaining OFany Asuch LEGALnotice PUBLICATIONor SPECIFIEDadvertisement. IN SECTION 24-70-102WITHINTHE MUNICIPALITYORSPECIALDISTRICT ,THE MUNICIPALITY OR SPECIAL DISTRICT MAY PUBLISH NOTICE IN EITHER NEWSPAPER .

-3-In 061the (3)case Ifof ina anycountyinmunicipality thishaving stateterritory noin newspapertwo hascounties, beeneach publishedof forwhich thecounties prescribedhas periodone at the time when any such notice or advertisementmore islegal requirednewspapers towithin bethe publishedmunicipality, orthe ifpublication thereby is no newspaper published therein, such noticemunicipality orof advertisementits maybelegal publishednotices inand anyadvertisements newspaper published in wholeone orof insuch partnewspapers inshall anbe adjoiningconstrued countyas andvalid havingpublication aunder generalthis circulation in whole or in part in1. said county having no newspaper published therein.

If(a) thereF isIRST,IN noSUCH newspaperA inNEWSPAPER anyTHAT adjoiningHAS countythathasbeenpublishedfortheprescribedperiodatthetimewhenBEEN anyPRINTED suchOR noticePUBLISHED or,IN advertisementWHOLE is required to be published, a required notice or advertisement maybe published in a newspaper having general circulation within the county.ONE OF THE OPTIONS APPLICABLE TO ANY AND EVERY LEGAL NOTICE OR ADVERTISEMENTIN SETPART, FORTH IN SUBSECTION (1)OFTHIS SECTION ARE AVAILABLE WITHIN THE COUNTY IN WHICHPUBLICATIONOFALEGALNOTICEORADVERTISEMENTISREQUIREDWHICH , THE LEGAL NOTICE OR ADVERTISEMENT MAYIS REQUIRED TO BE PUBLISHED INUNINTERRUPTEDLY ANAND ADJOININGCONTINUOUSLY COUNTYFOR INAT ACCORDANCELEAST WITHONE THEYEAR SAMEPRIOR ORDERTO OFTHE PRIORITYFIRST INISSUE SUBSECTION(1)OFCONTAINING THIS SECTIO.IF NONE OF THE OPTIONSLEGAL SETNOTICE FORTHOR INADVERTISEMENT SUBSECTIONAND (1)OF THIS SECTION ARE AVAILABLE IN ANY ADJOINING COUNTY ,THE LEGALNOTICE ORADVERTISEMENTMAYBE PUBLISHEDINA NEWSPAPER THAT SATISFIES THE REQUIREMENTS FOROF A LEGAL PUBLICATIONSPECIFIEDINPUBLICATION SECTION24-70-102,SELECTEDSPECIFIED WITHPRIMARYIN CONSIDERATIONSECTION GIVEN24-70-102; TO GEOGRAPHIC PROXIMITY .

(b) SECOND , IN SUCH A NEWSPAPER THAT HAS BEEN PRINTED OR PUBLISHED ,IN WHOLE OR IN PART, IN THE COUNTY IN WHICH THE LEGAL NOTICE OR ADVERTISEMENT IS REQUIRED TO BE PUBLISHED UNINTERRUPTEDLY AND CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO THE FIRST ISSUE CONTAINING THE LEGAL NOTICE OR ADVERTISEMENT AND THAT SATISFIES THE REQUIREMENTS TO BE ADMITTED TO THE U NITED STATES MAILS WITH PERIODICALS MAILING PRIVILEGES BUT FOR THE ABSENCE OF PAID CIRCULATION THAT IS DISTRIBUTED WITHIN THE TERRITORIAL BOUNDARIES OF THE COUNTY ;

OR (c) T HIRD,IN SUCH A NEWSPAPER THAT HAS BEEN PRINTED OR PUBLISHED ,IN WHOLE OR IN PART, IN THE COUNTY IN WHICH THE LEGAL NOTICE OR ADVERTISEMENT IS REQUIRED TO BE PUBLISHED THAT WOULD OTHERWISE SATISFY THE REQUIREMENTS OF SUBSECTIONS (1)(a)OR (1)(b) OF THIS SECTION BUT FOR THE REQUIREMENT THAT THE NEWSPAPER SHALL HAVE BEEN PUBLISHED IN THE COUNTY UNINTERRUPTEDLY AND CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO THE FIRST ISSUE CONTAINING THE LEGAL NOTICE OR ADVERTISEMENT .

(1.5) IF A MUNICIPALITY OR SPECIAL DISTRICT HAS TERRITORY IN TWO COUNTIES , EACH OF WHICH HAS ONE OR MORE NEWSPAPERS THAT SATISFYTHEREQUIREMENTSOFALEGALPUBLICATIONSPECIFIEDINSECTION PAGE 2-SENATE BILL 26-061 24-70-102 WITHIN THE MUNICIPALITY OR SPECIAL DISTRICT , THE MUNICIPALITY OR SPECIAL DISTRICT MAY PUBLISH NOTICE IN EITHER NEWSPAPER .

(3) If in any county in this state no newspaper has been published fortheprescribedperiodatthetimewhenanysuchnoticeoradvertisement is required to be published or if there is no newspaper published therein, suchnoticeoradvertisementmaybepublishedinanynewspaperpublished in whole or in part in an adjoining county and having a general circulation in whole or in part in said county having no newspaper published therein.

Ifthereisnonewspaperinanyadjoiningcountythathasbeenpublishedfor the prescribed period at the time when any such notice or advertisement is required to be published, a required notice or advertisement may be published in a newspaper having general circulation within the counFy.

I NONE OF THE OPTIONS APPLICABLE TO ANY AND EVERY LEGAL NOTICE OR ADVERTISEMENT SET FORTH IN SUBSECTION (1) OF THIS SECTION ARE AVAILABLEWITHINTHECOUNTYINWHICHPUBLICATIONOFALEGALNOTICE OR ADVERTISEMENT IS REQUIRED , THE LEGAL NOTICE OR ADVERTISEMENT MAY BE PUBLISHED IN AN ADJOINING COUNTY IN ACCORDANCE WITH THE SAME ORDER OF PRIORITY IN SUBSECTION (1) OF THIS SECTION.

F NONE OF THEOPTIONSSETFORTHINSUBSECTION (1)OFTHISSECTIONAREAVAILABLE INANYADJOININGCOUNTY ,THELEGALNOTICEORADVERTISEMENTMAYBE PUBLISHED IN A NEWSPAPER THAT SATISFIES THE REQUIREMENTS FOR A LEGAL PUBLICATION SPECIFIED IN SECTION 24-70-102, SELECTED WITH PRIMARY CONSIDERATION GIVEN TO GEOGRAPHIC PROXIMITY .

on the day following the expiration of the ninety-dayperiodafterfinaladjournmentofthegeneralassembly(Augustninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026);

except that, if a referendumreferendumpetitionisfiledpursuanttosection1(3)ofarticleVofthestate petition is filed pursuant to section 1 (3) of article V of the -4- 061 state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approvedPAGE by3-SENATE theBILL people26-061 atapprovedbythepeopleatthegeneralelectiontobeheldinNovember2026 the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.

-5-____________________________ 061____________________________ James Rashad Coleman, Sr.

Julie McCluskie PRESIDENT OF SPEAKER OF THE HOUSE THE SENATE OF REPRESENTATIVES ____________________________ ____________________________ Esther van Mourik Vanessa Reilly SECRETARY OF CHIEF CLERK OF THE HOUSE THE SENATE OF REPRESENTATIVES APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.

Polis GOVERNOR OF THE STATE OF COLORADO PAGE 4-SENATE BILL 26-061