Nevada 2023 Regular Session

Nevada Senate Bill SB22 Compare Versions

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1	1
2	2
3	3	- 82nd Session (2023)
4	4	Senate Bill No. 22–Committee on Government Affairs
5	5
6	6	CHAPTER..........
7	7
8	8	AN ACT relating to legal notices; authorizing, under certain
9	9	circumstances, the publication of a legal notice or
10	10	advertisement on the Internet website of a newspaper;
11	11	making various other changes relating to legal notices and
12	12	advertisements; and providing other matters properly relating
13	13	thereto.
14	14	Legislative Counsel’s Digest:
15	15	Existing law requires the publication of any and all legal notices and
16	16	advertisements in certain newspapers of general circulation and establishes
17	17	procedures and requirements for such publication. (NRS 238.020, 238.030) Section
18	18	1 of this bill authorizes the additional publication of a legal notice or advertisement
19	19	on the Internet website of such a newspaper. Section 2 of this bill makes a
20	20	conforming change to provide that, with certain exceptions, the Internet website of
21	21	such a newspaper is a competent means for the publication of legal notices and
22	22	advertisements.
23	23	Existing law provides that whenever any legal notice or advertisement is
24	24	required by law to be given by publication, with certain exceptions, the legal notice
25	25	or advertisement must be published at least once a week, consecutively, for not less
26	26	than the full period of time so required in a qualified, legal and competent
27	27	newspaper. (NRS 238.060) Section 3 of this bill provides that if a legal notice or
28	28	advertisement is published on the Internet website of a qualified, legal and
29	29	competent newspaper: (1) an error in the legal notice or advertisement made by the
30	30	newspaper, a temporary Internet website outage or service interruption that
31	31	prevents the posting or display of the legal notice or advertisement is harmless; and
32	32	(2) the legal notice or advertisement shall be deemed sufficient provided that the
33	33	legal notice or advertisement is printed and published in a qualified, legal and
34	34	competent newspaper.
35	35	Existing law provides that any and every legal notice or advertisement that is
36	36	published in a newspaper in violation of certain provisions of law is void. (NRS
37	37	238.080) Section 4 of this bill provides that any and every legal notice or
38	38	advertisement published on an Internet website maintained by a newspaper in
39	39	violation of certain provisions of law is void.
40	40
41	41	EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
42	42
43	43
44	44	THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
45	45	SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
46	46
47	47	Section 1. NRS 238.030 is hereby amended to read as follows:
48	48	238.030 1. [Any] Except as otherwise provided in this
49	49	section, any and all legal notices or advertisements shall be
50	50	published only in a daily, a triweekly, a semiweekly, a weekly, or a
51	51	semimonthly newspaper of general circulation and printed in whole
52	52	or in part in the county in which the notice or advertisement is
53	53	required to be published, which newspaper if published:
54	54	– 2 –
55	55
56	56
57	57	- 82nd Session (2023)
58	58	(a) Triweekly, semiweekly, weekly, or semimonthly, shall have
59	59	been so published in the county, continuously and uninterruptedly,
60	60	during the period of at least 104 consecutive weeks next prior to the
61	61	first issue thereof containing any such legal notice or advertisement.
62	62	(b) Daily, shall have been so published in the county,
63	63	uninterruptedly and continuously, during the period of at least 1 year
64	64	next prior to the first issue thereof containing any such legal notice
65	65	or advertisement.
66	66	2. [The mere] Any legal notice or advertisement may be
67	67	additionally published on the Internet website of a newspaper
68	68	described in subsection 1. If a legal notice or advertisement is
69	69	published on the Internet website of a newspaper described in
70	70	subsection 1, the newspaper must publish on its Internet website
71	71	the mailing address and telephone number of the state or local
72	72	governmental agency by which a person may request or obtain a
73	73	copy of the legal notice or advertisement.
74	74	3. A change in [the] :
75	75	(a) The name of any newspaper, or the removal of the principal
76	76	business office or seat of publication of any newspaper from one
77	77	place to another in the same county shall not break or affect the
78	78	continuity in the publication of any such newspaper if the same [is
79	79	in fact] newspaper is continuously and uninterruptedly printed and
80	80	published within the county . [as herein provided.]
81	81	(b) The Internet address of the website of any newspaper on
82	82	which a legal notice or advertisement is published does not break
83	83	or affect the continuity in the publication of the legal notice or
84	84	advertisement.
85	85	[3.] 4. A newspaper shall not lose its rights as a legal
86	86	publication if any of the following conditions maintain:
87	87	(a) If by reason of a strike or other good cause it should suspend
88	88	publication; but the period shall not exceed 30 days in any calendar
89	89	year.
90	90	(b) If by reason of generally recognized economic stress of a
91	91	serious nature over which the publisher has no control it shall be
92	92	necessary to suspend publication for a period not to exceed 2 years.
93	93	The provisions of this paragraph shall apply only in the case of
94	94	publications that have been operating continuously for a period of 5
95	95	years prior to such suspension. Any legal notice which fails of
96	96	publication for the required number of insertions for such reason
97	97	shall not be declared illegal if publication has been made in one
98	98	issue of the publication and is resumed within a reasonable period.
99	99	[4.] 5. If in any county in this State there shall not have been
100	100	published therein any newspaper or newspapers for the prescribed
101	101	– 3 –
102	102
103	103
104	104	- 82nd Session (2023)
105	105	period, at the time when any such legal notice or advertisement is
106	106	required to be published, then such legal notice or advertisement
107	107	may be published [in] :
108	108	(a) In any newspaper or newspapers having a general circulation
109	109	and printed and published in whole or in part in the county [.
110	110	5.] ; and
111	111	(b) On the Internet website of any newspaper or newspapers
112	112	having a general circulation and printed and published in whole
113	113	or in part in the county.
114	114	6. The time limitations in subsection 1 do not apply to a newly
115	115	established newspaper printed and published in:
116	116	(a) An incorporated city if, at the time such newspaper is
117	117	established, there is no other newspaper printed and published in
118	118	such city.
119	119	(b) A county if, at the time such newspaper is established, there
120	120	is no other newspaper printed and published in such county.
121	121	Sec. 2. NRS 238.050 is hereby amended to read as follows:
122	122	238.050 Except as otherwise provided by law in express terms
123	123	or by necessary implication, daily newspapers, triweekly
124	124	newspapers, semiweekly newspapers, weekly newspapers and
125	125	semimonthly newspapers and the Internet websites of such
126	126	newspapers shall all be equally competent as the means for the
127	127	publication of all legal notices and advertisements.
128	128	Sec. 3. NRS 238.060 is hereby amended to read as follows:
129	129	238.060 1. Whenever any legal notice or advertisement is
130	130	required by law to be given by publication, unless otherwise
131	131	specified, such provision shall be satisfied , except as otherwise
132	132	provided in subsection 2, by publishing the required legal notice or
133	133	advertisement, at least once a week, consecutively, for not less than
134	134	the full period of time so required in a qualified, legal and
135	135	competent newspaper.
136	136	2. If a legal notice or advertisement is published on the
137	137	Internet website of a qualified, legal and competent newspaper:
138	138	(a) An error in the legal notice or advertisement made by the
139	139	newspaper, a temporary Internet website outage or service
140	140	interruption that prevents the posting or display of a notice is
141	141	harmless; and
142	142	(b) The legal notice or advertisement shall be deemed
143	143	sufficient provided that the legal notice or advertisement is printed
144	144	and published in a qualified, legal and competent newspaper
145	145	pursuant to this chapter.
146	146	– 4 –
147	147
148	148
149	149	- 82nd Session (2023)
150	150	Sec. 4. NRS 238.080 is hereby amended to read as follows:
151	151	238.080 Any and every legal notice or advertisement published
152	152	in a newspaper or on an Internet website maintained by a
153	153	newspaper in violation of any of the provisions of NRS 238.010 to
154	154	238.080, inclusive, shall be absolutely void.
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