25.8065.04000 Sixty-ninth Legislative Assembly of North Dakota Introduced by State and Local Government Committee (At the request of the Public Service Commission) A BILL for an Act to amend and reenact section 46-05-09 of the North Dakota Century Code, relating to publication requirements for legal notices. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 46-05-09 of the North Dakota Century Code is amended and reenacted as follows: 46-05-09. Publication of legal notices on website. 1.When a legal notice is required by law to be published in a newspaper, if the request for publication is submitted to: a.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. b.The North Dakota newspaper association, the association shall publish the notice on a statewide legal notices website maintained by the North Dakota newspaper association and provide an affidavit of publication. 2.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. 3.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 Page No. 1 25.8065.04000 REENGROSSED SENATE BILL NO. 2069 SECOND ENGROSSMENT with House Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Sixty-ninth Legislative Assembly the proper governmental unit, fulfills the publication requirement if a newspaper fails to publish the notice required by law. Page No. 2 25.8065.04000 1 2