Oklahoma 2025 Regular Session

Oklahoma House Bill HB2166 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	SENATE FLOOR VERSION - HB2166 SFLR Page 1
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	3	+	ENGR. H. B. NO. 2166 Page 1 1
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33	28		ENGROSSED HOUSE
34	29		BILL NO. 2166 By: Pfeiffer of the House
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36	31		and
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38	33		Coleman of the Senate
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43	38		An Act relating to definitions and general
44	39		provisions; amending 25 O.S. 2021, Section 106, which
45	40		relates to newspapers; defining term; prescribing
46	41		requirements; imposing duties upon periodical and
47	42		nonperiodical newspapers; imposing restrictions based
48	43		on geographical location; providing publication
49	44		provisions; relating to the continuity of publication
50	45		and the failure to maintain continuous and
51	46		consecutive publicatio n; and providing an effective
52	47		date.
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57	52		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
58	53		SECTION 1. AMENDATORY 25 O.S. 2021, Section 106, is
59	54		amended to read as follows:
60	55		Section 106. No legal notice, advertisement, or publica tion of
61	56		any kind required or provided for by the laws of this state to be
62	57		published in a newspaper of general circulation shall have force or
63	58		effect unless published in a legal newspaper of the county in this
64	59		state. Legal newspapers shall be either:
65	60		A. PERIODICAL PERMIT NEWSPAPER: A legal newspaper of the
66	61		county is any newspaper of general circulation which, during a
	62	+	period of one hundred four (104) consecutive weeks immediately prior
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68		-	SENATE FLOOR VERSION - HB2166 SFLR Page 2
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	64	+	ENGR. H. B. NO. 2166 Page 2 1
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94		-	period of one hundred four (104) consecutive weeks immediately prior
95	89		to the first publication of such notice, advertisement, or
96	90		publication:
97	91		1. has maintained a paid general subscription circulation in
98	92		the county; and
99	93		2. has been admitted to the United States mails as paid second-
100	94		class general periodical mail matter; and
101	95		3. has been continuously and uninterruptedly published in the
102	96		county.
103	97		B. NONPERIODICAL PERMIT NEWSPAPER : A legal newspaper of the
104	98		county is any newspaper of general circulation which, during a
105	99		period of one hundred four (104) consecutive weeks immediately prior
106	100		to the first publication of such notice, advertisement , or
107	101		publication:
108	102		1. Has published a printed issue at least once per week;
109	103		2. Continuously offers paid subscriptions to the general public
110	104		and maintains a minimum of two hundred (200) paid print
111	105		subscriptions to individual verified subscribers, and delivers suc h
112	106		subscriptions by verified mail or carrier delivery to paid
113	107		individual subscribers. The cost of a paid subscription shall
114	108		exceed a nominal fee including the cost of printing and
115	109		distribution;
116	110		3. Has averaged a minimum of twenty -five percent (25%) news
117	111		content over the preceding twelve-month period, and news content
	112	+	shall be content generally found in local news publications, such as
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119		-	SENATE FLOOR VERSION - HB2166 SFLR Page 3
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	114	+	ENGR. H. B. NO. 2166 Page 3 1
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145		-	shall be content generally found in local news publications, such as
146	139		general local news relevant to the area the notice is intended to
147	140		serve, reports of local events and persons, local governm ent
148	141		proceedings, feature stories, g raphics, photographs, letters to the
149	142		editor or editorial pages. No nonperiodical newspaper shall
150	143		knowingly carry advertisements which are prohibited by state or
151	144		federal law;
152	145		4. Has maintained a known office of publicati on in the county
153	146		where the business of the publication can be transacted with the
154	147		public and where the public can personally interact or meet with
155	148		local staff of the publication;
156	149		5. Has published in the newspaper an annual statement of
157	150		ownership, management, and circulation in the issue da ted nearest
158	151		October 1 of each year, which shall contain the same information as
159	152		the United States Postal Form 3526;
160	153		6. Has conducted an independent audit by a firm recognized by
161	154		the newspaper industry to verify accuracy of circulation,
162	155		subscriptions, and content, to confirm the newspaper has met the
163	156		applicable requirements of this section. Such audit shall be
164	157		conducted prior to attaining status as a legal newspaper, and
165	158		annually each year thereafter. Each audit shall be available at no
166	159		charge to any person upon written request within five (5) business
167	160		days of the request, or alternatively shall be made available
	161	+	continuously on the newspaper website, if the newspaper has a
	162	+	website;
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169		-	SENATE FLOOR VERSION - HB2166 SFLR Page 4
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	164	+	ENGR. H. B. NO. 2166 Page 4 1
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195		-	continuously on the newspaper website, if the newspaper has a
196		-	website;
197	189		7. Has declared the county of publicat ion which the newspaper
198	190		shall serve when attaining status as a legal newspaper, and such
199	191		county of publication cannot be moved from one county to another
200	192		county after such declaration without meeting the requirements of
201	193		this section again in full for one h undred four (104) consecutive
202	194		weeks;
203	195		8. Prior to attaining status as a newspaper qualified to carry
204	196		legal notices, the nonperiodical newspaper shall petition the
205	197		district court in the jurisdiction in which the newspaper seeks to
206	198		be authorized as a legal n ewspaper and provide evidence the
207	199		newspaper has met the requirements required to be designated as a
208	200		legal newspaper of general circulation in the county. Prior to
209	201		filing the petition, the nonperiodical newspaper shall publish a
210	202		notice of intent pursuant t o this section, in a newspaper of g eneral
211	203		circulation in the county, or an adjoining county if no newspaper
212	204		exists in the county. The court shall review the petition and
213	205		determine whether the applicant has fully met the qualifications and
214	206		publication time requirements of Section 106 of Title 25 of the
215	207		Oklahoma Statutes as applicable, and grant or deny authority for the
216	208		nonperiodical newspaper to accept legal notice as qualified legal
217	209		newspaper of general circulation of the county. The court may
218	210		revoke such authority if the newspaper is det ermined by the court to
	211	+	have failed to continue to meet the qualifications of Section 106 of
	212	+	Title 25 of the Oklahoma Statutes as applicable;
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220		-	SENATE FLOOR VERSION - HB2166 SFLR Page 5
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	214	+	ENGR. H. B. NO. 2166 Page 5 1
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246		-	have failed to continue to meet the qualifications of Section 106 of
247		-	Title 25 of the Oklahoma Statutes as applicable;
248	239		9. Publish on the front page the newspaper title, and publish
249	240		an identification box in easily read type located in the first five
250	241		pages in each issue, which shall include the title of the newspaper,
251	242		known office of publication address including street number and
252	243		name, city, ZIP code, county of publication, telephone contact
253	244		information, email address for the publicat ion, a statement of
254	245		frequency, information on how to subscribe to the newspaper, the
255	246		date of publication and volume and issue number of each publication.
256	247		The date, volume, and issue number may be omitted from the
257	248		identification box if such information appears on the front page of
258	249		the newspaper. The identification box may contain any other
259	250		material the publisher determines will inform the general public of
260	251		the newspaper policies or deadlines.
261	252		C. All periodical permit and nonperiodical permit newspapers as
262	253		defined in subsections A and B of this section also shall:
263	254		1. Register and maintain registration of the ownership of the
264	255		newspaper with the Oklahoma Secretary of State;
265	256		2. Publish all legal notices on the newspaper web site in a
266	257		timely manner, if the newspaper maintains a website, in front of any
267	258		paywall or paid access so the public may freely access the notices
268	259		published. Notices posted on the publication website shall, at
	260	+	minimum, be maintained for public viewing for the time period the
	261	+	notice is required to be run in the printed newspaper;
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270		-	SENATE FLOOR VERSION - HB2166 SFLR Page 6
271		-	(Bold face denotes Committee Amendments) 1
	263	+	ENGR. H. B. NO. 2166 Page 6 1
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296		-	minimum, be maintained for public viewing for the time period the
297		-	notice is required to be run in the printed newspaper;
298	288		3. When notice by publication in a newspaper is required by
299	289		law, order of court, or other means, the newspaper publishing the
300	290		notice shall in a timely manner, at no additional cost to the person
301	291		or official desiring the publication, cause the notice to be placed
302	292		on the statewide website established and maintained as a joint
303	293		venture of a majority of Oklahoma newspapers qualified as legal
304	294		newspapers under the laws of this state;
305	295		4. Shall publish a promotional ad in ea ch issue in which public
306	296		notices appear promoting notices in the local newspaper, on the
307	297		local newspaper website, if any, and on the statewide website
308	298		described in paragraph 3 of this subsection;
309	299		5. Archive printed issue s containing legal notices for a
310	300		minimum of three (3) years;
311	301		6. Shall be independent of government and shall not be owned,
312	302		controlled, funded, or subsidized by any political party, state
313	303		agency, political subdivision, fraternal or religious organization,
314	304		or other party which is not indepen dent of government.
315	305		D. A legal newspaper of the county is qualified to be a legal
316	306		newspaper in only one county in which the periodical permit
317	307		newspaper original entry periodicals mail permit was applied for and
318	308		held, or in the county in which the nonperiodical permit newspaper
319	309		declared when beginning as a nonperiodical permit newspaper under
	310	+	subsection B of this section. Each legal newspaper must annually
	311	+	declare in the published statement of ownership, management and
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321		-	SENATE FLOOR VERSION - HB2166 SFLR Page 7
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	313	+	ENGR. H. B. NO. 2166 Page 7 1
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347		-	subsection B of this section. Each legal newspaper must annually
348		-	declare in the published stat ement of ownership, management and
349	338		circulation on October 1 if they are publishing as a periodical
350	339		permit or nonperiodical permit newspaper for the succeeding year, as
351	340		defined in this section, and shall continue to be authorized under
352	341		that declaration for a period of one (1) year, and cannot change
353	342		such declaration until October 1 each year.
354	343		E. If there is no legal newspaper in a county, then all legal
355	344		notices, advertisements, or publications of any kind required or
356	345		provided for by the laws of this state shall be published in a legal
357	346		newspaper in an adjoining county of this st ate, which newspaper has
358	347		general circulation in the county or political subdivision in which
359	348		such notice is required. If there is no legal newspaper in a
360	349		county, a newspaper can be established by meeting the provisions o f
361	350		this section after a period of fifty -two (52) consecutive and
362	351		uninterrupted weeks in a twelve -month period.
363	352		F. Nothing in this section shall invalidate the publication of
364	353		such legal notices, advertisements, or publications in a newspaper
365	354		which has moved its place of publication from one location in the
366	355		county to another location in the same county without breaking the
367	356		continuity of its regular issues for the requisite length of time,
368	357		or the name of which may have been changed when said change of
369	358		location was made as permitted by United States postal laws and
370	359		regulations or the laws of the State of Oklahoma .
	360	+	G. Failure to issue or publish said newspaper for a period of
	361	+	fourteen (14) days twenty-one (21) consecutive days, beginning the
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372		-	SENATE FLOOR VERSION - HB2166 SFLR Page 8
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398		-	G. Failure to issue or publish said newspaper for a period of
399		-	fourteen (14) days twenty-one (21) consecutive day s, beginning the
400	388		day after the last p ublication, due to fire, accident, natural
401	389		disaster, national health emergency declared by the state or federal
402	390		government or other unforeseen cause, or by reason of the pendency
403	391		of mortgage foreclosure, attachment, execution, or other legal
404	392		proceedings against the type equipment, presses, or other personal
405	393		property used by the newspaper, shall not be deemed a failure to
406	394		maintain continuous and consecutive publication as required by the
407	395		provisions of this section, nor shall said failure invalidate the
408	396		publication of a notice otherwise valid. Failure to issue or
409	397		publish a newspaper qualified to publish legal notices,
410	398		advertisements, or publications of any kind, for a period totaling
411	399		not more than fourteen (14) consecutive days during a calendar year
412	400		shall not be deemed a failure to maintain continuous and consecutive
413	401		publication as required by the provisions of this section, nor shall
414	402		said failure invalidate the publication of a notice otherwise valid.
415	403		H. A newspaper is permitted to publish fifty (50) of the
416	404		preceding fifty-two (52) weeks over the immediately previous twelve -
417	405		month period, and failure to issue or publish a newspaper under this
418	406		publication schedule shall not be deemed a failure to maintain
419	407		continuous and consecutive publication as required by t he provisions
420	408		of this section, nor shall said failure invalidate the publication
421	409		of a notice otherwise valid.
	410	+	SECTION 2. This act shall become effective November 1, 2025.
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423		-	SENATE FLOOR VERSION - HB2166 SFLR Page 9
424		-	(Bold face denotes Committee Amendments) 1
	412	+	ENGR. H. B. NO. 2166 Page 9 1
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449		-	SECTION 2. This act shall become effective November 1, 2025.
450		-	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
451		-	April 17, 2025 - DO PASS
	437	+	Passed the House of Representatives the 25th day of March, 2025.
	438	+
	439	+
	440	+
	441	+
	442	+	Presiding Officer of the House
	443	+	of Representatives
	444	+
	445	+
	446	+
	447	+	Passed the Senate the ____ day of __________, 2025.
	448	+
	449	+
	450	+
	451	+
	452	+	Presiding Officer of the Senate
	453	+
	454	+