SB 26-61

Senate Bill 26-61 in Colorado addresses how legal notices should be published when there are no traditional legal newspapers available in a county. It sets out a priority order for where these notices can appear, starting with local newspapers that meet certain requirements and then allowing for publication in nearby counties if needed. The bill also allows municipalities and special districts spanning two counties to publish their notices in either of those counties' newspapers as long as they meet the legal standards. Since it has been signed into law, this means that these new rules are now official and must be followed by local governments when publishing legal notices.

Official Summary

Current law requires a legal notice or advertisement (notice) to be published in a newspaper within the county in which the notice is required to be published that satisfies certain requirements, including a publication period requirement and a periodicals license with paid distribution (legal newspaper). If a legal newspaper does not exist in a county, the notice may be published using certain alternatives.     The act clarifies the order of priority of the type of newspaper in which the notice should be published. First, the notice should be published in a newspaper in the county that satisfies the requirements for publication and that has been published for at least one year. Second, the notice should be published in a newspaper in the county that would otherwise satisfy the requirements for publication but for the fact that it lacks a periodicals license, and that has been published for at least one year. Third, the notice should be published in a newspaper in the county even if it does not have a periodicals license or has not been published for at least one year. If there is no newspaper in the county or an adjoining county, notice may be published in a newspaper that satisfies the requirements for a legal newspaper chosen with primary consideration for geographic proximity.     Additionally, the act gives municipalities and special districts with territory in two counties permission to publish notice in a newspaper in either county, so long as the newspaper meets the legal requirements for publication.(Note: This summary applies to this bill as enacted.)

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