S4064

An Act concerning publication of legal notices, amending various sections of statutory law, and supplementing Title 35 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 3 of P.L.1975, c.231 (C.10:4-8) is amended to read as follows:

3. As used in this act:

a. "Public body" means a commission, authority, board, council, committee or any other group of two or more persons organized under the laws of this State, and collectively empowered as a voting body to perform a public governmental function affecting the rights, duties, obligations, privileges, benefits, or other legal relations of any person, or collectively authorized to spend public funds including the Legislature, but does not mean or include the judicial branch of the government, any grand or petit jury, any parole board or any agency or body acting in a parole capacity, the State Commission of Investigation, the Apportionment Commission established under Article IV, Section III, of the Constitution, or any political party committee organized under Title 19 of the Revised Statutes.

b. "Meeting" means and includes any gathering whether corporeal or by means of communication equipment, which is attended by, or open to, all of the members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body. Meeting does not mean or include any such gathering (1) attended by less than an effective majority of the members of a public body, or (2) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering.

c. "Public business" means and includes all matters which relate in any way, directly or indirectly, to the performance of the public body's functions or the conduct of its business.

d. "Adequate notice" means written advance notice of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be (1) prominently posted in at least one public place reserved for such or similar announcements, (2) physically mailed, electronically mailed, telephoned, telegrammed, or hand delivered to at least two newspapers, including newspapers published in part or in whole electronically on the Internet or an online news publication, which newspapers shall be designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings, one of which shall be the official newspaper, where any such has been designated by the public body or if the public body has failed to so designate, where any has been designated by the governing body of the political subdivision whose geographic boundaries are coextensive with that of the public body and (3) filed with the clerk of the municipality when the public body's geographic boundaries are coextensive with that of a single municipality, with the clerk of the county when the public body's geographic boundaries are coextensive with that of a single county, and with the Secretary of State if the public body has Statewide jurisdiction. For any other public body the filing shall be with the clerk or chief administrative officer of such other public body and each municipal or county clerk of each municipality or county encompassed within the jurisdiction of such public body. Where annual notice or revisions thereof in compliance with section 13 of this act set forth the location of any meeting, no further notice shall be required for such meeting.

(cf: P.L.1981, c.176, s.2)

2. R.S.35:1-1 is amended to read as follows:

35:1-1. As used in this title [,] :

"Designated publication address" means a physical, publicly accessible, by appointment or otherwise, New Jersey address, identified by the newspaper or online news publication and owned or leased by the newspaper or online news publication, where activities are conducted that meaningfully contribute to the publication of the newspaper or online news publication. Although a newspaper or online news publication may have more than one office, located within or outside of New Jersey, it shall have only one designated publication address, which shall be displayed on the Internet website of the newspaper or online news publication. The publication office of any newspaper that publishes a print edition shall constitute its designated publication address.

["official] "Official advertising" and "official advertisements" include all matters required by law to be published.

"Original content" means content created or produced by or on behalf of a newspaper or online news publication, or any parent, affiliate, or subsidiary thereof, which is also a newspaper or online news publication.

"Paid online content" means online news content available to paid subscribers through the newspaper’s or online news publication’s Internet website, mobile application, or other similar platform.

(cf: R.S.35:1-1)

3. R.S.35:1-2.1 is amended to read as follows:

35:1-2.1. a. Whenever it is required to publish resolutions, official proclamations, notices or advertising of any sort, kind or character, including proposals for bids on public work and otherwise, by this State or by any board or body constituted and established for the performance of any State duty or by any State official or office or commission, the newspaper or [newspapers] online news publication selected [for such publication must meet and satisfy the following qualifications, namely: said newspaper or newspapers] shall [be entirely printed] :

(1) be predominantly in the English language [, shall be printed and] ;

(2) be published within the State of New Jersey[, shall] ;

(3) be a newspaper of general paid circulation [possessing] , the price for which shall be no more than nominal;

(4) contain an average news content of not less than [thirty-five per centum (35%), shall] 35 percent original, general news content, which shall include regular coverage of New Jersey State, county, and local government;

(5) have been published continuously in the municipality where its [publication office] designated public address is situate for not less than two years; and [shall]

(6) have been entered for two years as [second-class] periodical class mail [matter] under the postal laws and regulations of the United States.

b. In addition to the requirements set forth in subsection a. of this section, a newspaper that is published solely as a print edition may qualify as an official or legal newspaper for the publication of legal notices if the company that publishes the newspaper:

(1) maintains an Internet website that is predominantly in the English language; and

(2) provides, on the homepage of that Internet website, a free, publicly-accessible hyperlink to njpublicnotices.com, the New Jersey Press Association website that offers the general public a compilation of public notices published throughout the State of New Jersey.

c. In addition to the requirements set forth in subsection a. of this section, a company that publishes a newspaper both as a print edition and as paid online content may qualify as an official or legal newspaper for the publication of legal notices if the company that publishes the newspaper:

(1) maintains an Internet website and publishes paid online content that is predominantly in the English language;

(2) provides that the cost of subscribing to the paid online content is more than a nominal amount;

(3) ensures that the paid online content contains, on average, not less than 35 percent original, general news content, which shall include regular coverage of New Jersey State, county, and local government; and

(4) provides, on the homepage of the Internet website, a free, publicly-accessible hyperlink to njpublicnotices.com, the New Jersey Press Association website that offers the general public a compilation of public notices published throughout the State of New Jersey.

d. For an online news publication that does not meet the qualifications of subsections a., b., or c. of this section, the online news publication shall:

(1) maintain an Internet website that is published predominantly in the English language;

(2) provide, on the homepage of the Internet website, a free, publicly-accessible hyperlink to njpublicnotices.com, the New Jersey Press Association website that offers the general public a compilation of public notices published throughout the State of New Jersey;

(3) maintain a designated publication address as defined in R.S.35:1-1;

(4) utilize recognized standards of professional journalism; and

(5) ensure that their paid online content:

(a) is predominantly in the English language;

(b) is updated with original news at least once a week;

(c) has more than a minimal number of paid subscribers, who shall pay a subscription price that is more than minimal; and

(d) contains an average of not less than 35 percent original, general news content that includes regular coverage of the State, county, and local government.

An online news publication shall have met these qualifications in the preceding two years prior to the publication of a required legal notice.

e. In case a newspaper cannot itself meet [these] the qualifications [, itself,] required pursuant to subsection a. of this section, but has acquired another newspaper or an online news publication which meets [these] those qualifications, the acquiring newspaper or an online news publication shall be deemed to meet these qualifications if it is published in the same municipality and entered in the same post office as was the acquired newspaper.

f. Continuous publication within the meaning of this section shall not be deemed interrupted by [any] an involuntary suspension of publication for a period not exceeding six months, resulting from loss, destruction, mechanical or electrical failure of typesetting equipment or printing presses or the unavailability, due to conditions beyond the control of the publisher, of paper or other materials and supplies necessary for operation, or resulting from a labor dispute with a recognized labor union, and any newspaper so affected shall not be disqualified hereunder in the event that publication is resumed within said period of six months.

g. In case a newspaper meets the qualifications in subsection a. of this section or has met these qualifications in the preceding two years prior to the publication of a required legal notice and is published in whole or in part electronically on the Internet, the newspaper shall be deemed to meet these qualifications.

h. In the event that there is no qualified newspaper, or in the event that the State or board or body is unable to identify a qualified newspaper, it shall be sufficient for the State or board or body to publish a required legal notice on its official Internet website provided that it has verified to the Commissioner of Community Affairs that it has attempted to identify a qualified newspaper.

(cf: P.L.1953, c.411, s.1)

4. R.S.35:1-2.2 is amended to read as follows:

35:1-2.2. a. Whenever, by law, it is required [that there be published by printing and publishing in a newspaper or newspapers,] to publish ordinances, resolutions or notices or advertisements of any sort, kind or character by any county, city or other municipality or municipal corporation, or by any municipal board or official board, or body, or office, or officials, or by any person or corporation, [such] the newspaper or [newspapers must, in addition to any other qualification now required by law,] online news publication shall meet the following qualifications [, namely: said newspaper or newspapers shall be entirely] :

(1) be predominantly printed in the English language [, shall] ;

(2) be printed and published within the State of New Jersey[, shall] ;

(3) be a newspaper of general paid circulation [possessing] , the price for which shall be more than nominal;

(4) contain an average news content of not less than 35[%,] percent original, general news, which shall include regular coverage of New Jersey State, county, and local government; [shall]

(5) have been published continuously in the municipality where its [publication office] designated public address is situate for not less than [2] two years; and [shall]

(6) have been entered for [2] two years as [second-class] periodical class mail [matter] under the postal laws and regulations of the United States.

b. In case a newspaper cannot itself meet [these] the qualifications [itself] required pursuant to subsection a. of this section, but has acquired another newspaper or an online news publication which meets [these] those qualifications, the acquiring newspaper or online news publication shall be deemed to meet these qualifications if it is published in the same municipality and entered in the same post office as was the acquired newspaper.

c. Continuous publication, within the meaning of this section, shall not be deemed interrupted by [any] an involuntary suspension of publication for a period not exceeding [6] six months resulting from loss, destruction, mechanical or electrical failure of typesetting equipment or printing presses or the unavailability, due to conditions beyond the control or the publisher, of paper or other materials and supplies necessary for operation, or resulting from a labor dispute with a recognized labor union, and any newspaper so affected shall not be disqualified hereunder in the event that publication is resumed within said period of [6] six months.

d. For the purposes of this section and for the purpose of qualifying for legal advertisements generally, [any] a newspaper which for not less than [2] two years shall have been continuously [printed] published in a building located within two municipalities and which for not less than [2] two years shall have continuously maintained its editorial and business offices in said building shall be deemed to have been published continuously in each of said municipalities during that period and its [publication office] designated public address shall be deemed to have been situate in each municipality during that period.

[In the event any] e. If a newspaper [which shall have been] that is qualified to publish legal advertisements shall move its [publication office] designated public address to [any] another municipality in the same county or [in] an adjacent county in this State, and [which shall otherwise continue] the newspaper continues to meet the qualifications of this section, [it] the newspaper shall continue to be qualified to publish legal advertisements [which it was qualified to publish prior to moving said publication office] for a period of [2] two years [after] following the date [of the moving of its publication office] the newspaper moved its designated public address, or for such period as [said] the newspaper shall have the highest paid circulation of any newspaper within the county or municipality which shall use said newspaper for legal advertisements.

f. In case a newspaper meets the qualifications in subsection a. of this section or has met these qualifications in the preceding two years prior to the publication of a required legal notice and is published in whole or in part electronically on the Internet, the newspaper shall be deemed to meet these qualifications.

g. In the event that there is no qualified newspaper, or in the event that the county, city, or other municipality or municipal corporation is unable to identify a qualified newspaper, it shall be sufficient for the county, city, or other municipality or municipal corporation to publish a required legal notice on its official Internet website provided that it has verified to the Commissioner of Community Affairs that it has attempted to identify a qualified newspaper.

(cf: P.L.1979, c.84, s.1)

5. R.S.35:2-1 is amended to read as follows:

35:2-1. a. The price to be paid for publishing [all] a text-only notice of official advertising, as defined in R.S. 35:1-1, in [newspapers] a newspaper or an online news publication shall be as follows:

In [newspapers] a newspaper or an online news publication published in the State of New Jersey having a bona fide net paid [circulation] subscribers:

(1) of up to [2,500 copies] 10,000, the rate shall be [$0.25 per line] $0.30 per character for each insertion; [in the case of any newspaper having a bona fide net paid circulation of not less than 2,500 copies nor more than 5,000 copies,]

(2) between 10,001 and 30,000, the rate shall be [$0.31 per line] $0.35 per character for each insertion; [and in the case of any newspaper having a bona fide net paid circulation of not less than 5,000 copies and not more than 10,000 copies,]

(3) between 30,001 and 50,000, the rate shall be [$0.34 per line] $0.40 per character for each insertion; [and in the case of any newspaper having a bona fide net paid circulation of not less than 10,000 copies and not more than 30,000 copies,]

(4) between 50,001 and 100,000, the rate shall be [$0.35 per line] $0.45 per character for each insertion; and [in the case of any newspaper having a bona fide net paid circulation of not less than 30,000 and not more than 45,000 copies,]

(5) in excess of 100,001, the rate shall be [$0.36 per line] $0.50 per character for each insertion [; and in the case of any newspaper having a bona fide net paid circulation of not less than 45,000 copies and not more than 60,000 copies, the rate shall be $0.38 per line per insertion; and in the case of any newspaper having a bona fide net paid circulation of not less than 60,000 copies and not more than 75,000 copies, the rate shall be $0.44 per line per insertion; and in the case of any newspaper having bona fide net paid circulation of not less than 75,000 copies and of more than 100,000 copies, the rate shall be $0.60 per line per insertion; and in the case of any newspaper having a bona fide net paid circulation of not less than 100,000 copies, and not more than 125,000 copies, the rate shall be $0.66 per line per insertion; and in the case of any newspaper having a bona fide net paid circulation of not less than 125,000 copies, and not more than 150,000, the rate shall be $0.72 per line per insertion; and in the case of any newspaper having a bona fide net paid circulation of not less than 150,000 copies and not more than 200,000 copies, the rate shall be $0.82 per line per insertion; and in the case of newspapers having a bona fide net paid circulation of not less than 200,000 copies and not more than 300,000 copies, the rate shall be $0.91 per line per insertion; and in the case of any newspaper having a bona fide net paid circulation in excess of 300,000 copies the rate shall be $1.00 per line per insertion; but before any] .

b. The price to be paid for publishing a tabular or prebuilt public notice of official advertising, as defined in R.S.35:1-1, in a newspaper or an online news publication shall be as follows:

In a newspaper or an online news publication published in the State of New Jersey having a number of bona fide net paid subscribers:

(1) of up to 10,000, the rate shall be $3.50 per square inch for each insertion;

(2) between 10,001 and 30,000, the rate shall be $3.70 per square inch for each insertion;

(3) between 30,001 and 50,000, the rate shall be $3.90 per square inch for each insertion;

(4) between 50,001 and 100,000, the rate shall be $4.10 per square inch for each insertion; and

(5) in excess of 100,001, the rate shall be $4.30 per square inch for each insertion.

c. Before a newspaper [can] or an online news publication may charge the foregoing rates, the publisher or business manager of [such] the newspaper [must] or online news publication shall file with the properly authorized officer of [every] the municipality, county or governing body, placing official advertising in [such] the newspaper or online news publication, an affidavit setting forth the average number of bona fide net paid [circulation] subscribers of [such] the newspaper or online news publication for the 12-month period ending September 30 next preceding and the rate to be charged for official advertising, which in no case shall be in excess of, or below, the rates provided in the foregoing schedule.

Lines shall be calculated upon the basis of the space that a 6 point line, 8 picas wide would occupy.

(cf: P.L.1983, c.117, s.1)

6. R.S.40:53-1 is amended to read as follows:

40:53-1. The governing body of [every] a municipality may designate an official newspaper or [newspapers] online news publication, as set forth in R.S.35:1-2.2, for the publication of all advertisements and notices required by law to be published by the municipality.

(cf: R.S.40:53-1)

7. R.S.40:53-2 is amended to read as follows:

40:53-2. [All ordinances or other public notices which any] a. A municipality, [except cities, may be] other than a city, shall publish each public notice that it is required by [any] law to publish, where the manner of publication is not otherwise specifically provided for, [shall be published] in at least one newspaper [published and circulating in the municipality, and if] or online news publication that satisfies the requirements set forth in R.S.35:1-2.2, so long as the newspaper or online news publication regularly covers that municipality, including publication of original news about local government, the school board, and local sports and other local events.

b. If there [be] is no [such] newspaper or online news publication that meets the requirements of subsection a. of this section, then the municipality shall publish each public notice that it is required to publish in at least one newspaper [published in] or online news publication that meets the requirements set forth in R.S.35:1-2.2, so long as the newspaper or online news publication maintains its designated public address within the county in which the municipality is located [and circulating in the municipality].

8. (New section) In addition to the qualifications pursuant to R.S.35:1-2.1 and R.S.35:1-2.2, a newspaper or online news publication, to qualify to publish public notices, shall meet the following standards:

a. for a newspaper that is published solely as a print edition and is not published in whole or in part electronically on the Internet on or after the effective date of P.L. c. (C. ) (pending before the Legislature as this bill), the newspaper shall:

(1) maintain an Internet website that is published predominantly in the English language; and

(2) maintain on its Internet homepage a free, publicly-accessible hyperlink to njpublicnotices.com, a website on which the newspapers shall contemporaneously cause to be published all public notices required in the newspaper’s print editions.

b. for a newspaper that, in addition to a print edition, also publishes paid online content, as defined in R.S.35:1-1, on or after the effective date of P.L. c. (C. ) (pending before the Legislature as this bill), the newspaper shall:

(1) maintain an Internet website that is published predominantly in the English language;

(2) publish any paid online content predominantly in the English language;

(3) require the price for subscriptions to paid online content to be more than nominal;

(4) provide that the paid online content contains an average of not less than 35 percent original, general news content, which shall include regular coverage of State, county, and local government; and

(5) provide that the website’s Internet homepage includes a free, publicly-accessible hyperlink to njpublicnotices.com, a website on which the newspapers shall contemporaneously cause to be published all public notices published in the newspaper’s paid online content.

These newspapers shall publish public notices in their paid online content. The newspaper may also print public notices in their print editions.

c. for a newspaper that ceases to publish a print edition and instead solely publishes an online news publication with paid online content, as defined in R.S.35:1-1, on or after the effective date of P.L. c. (C. ) (pending before the Legislature as this bill), the newspaper shall:

(1) maintain an Internet website that is published predominantly in the English language;

(2) provide that the website’s Internet homepage includes a free, publicly-accessible hyperlink to njpublicnotices.com, a website on which the newspapers shall contemporaneously cause to be published all public notices published in the newspaper’s paid online content;

(3) maintain a designated publication address as defined in section R.S.35:1-1; and

(4) ensure that their paid online content:

(a) is predominantly in the English language;

(b) has more than a minimal number of paid subscribers, who shall pay a subscription price that is more than nominal; and

(c) contains an average of not less than 35 percent original, general news content that includes regular coverage of the State, county, and local government.

d. for an online news publication that does not meet the qualifications of subsections a., b., or c. of this section, the online news publication shall:

(1) maintain an Internet website that is published predominantly in the English language;

(3) maintain a designated publication address as defined in R.S.35:1-1;

(4) utilize recognized standards of professional journalism; and

(5) ensure that their paid online content:

(a) is predominantly in the English language;

(b) is updated with original news at least once a week;

(c) has more than a minimal number of paid subscribers, who shall pay a subscription price that is more than nominal; and

(d) contains an average of not less than 35 percent original, general news content that includes regular coverage of the State, county, and local government.

An online news publication shall have met these qualifications in the preceding two years prior to the publication of a required legal notice.

e. Other than the requirement that the Internet website include a hyperlink to njpublicnotices.com, a newspaper or online news publication shall not be required to publish, or be prohibited from publishing, on its website, mobile application, or other similar platform, any content that is also contained in its print newspaper or paid online content. Only material published in a print newspaper or paid online content shall be considered in determining whether a newspaper or online news publication is qualified to publish public notices.

9. This act shall take effect immediately.

STATEMENT

Under current law, public bodies must provide notice to newspapers 48 hours prior to holding a meeting to conduct official business, under certain circumstances. This bill amends the definition of "adequate notice" for a public meeting to allow public bodies to satisfy their meeting notice requirements by publishing the notice in newspapers that are published in part or in whole electronically via the Internet and on online news publications.

This bill also amends the definition of "newspaper" for the publication of all official notices and advertisements to allow the State or local bodies to publish in qualified or previously qualified newspapers that are now published electronically on the Internet and on online news publications.

The bill also adds definitions for "designated public address," "original content," and "paid online content."

In cases where there is no qualified newspaper or the State or local body is unable to identify a qualified newspaper, the State or local body may publish on their publicly accessible Internet website.

The bill establishes rates for publishing official advertising for newspapers and online news publications based on the number of bona fide net paid subscribers.