45-1-101. Legal notice publication requirements.
| (1) |
As used in this section:
Terms Used In Utah Code 45-1-101- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
| (a) |
“Average advertisement rate” means:
| (i) |
in determining a rate for publication on the public legal notice website or in a newspaper that primarily distributes publications in a county of the third, fourth, fifth, or sixth class, a newspaper’s gross advertising revenue for the preceding calendar quarter divided by the gross column-inch space used in the newspaper for advertising for the previous calendar quarter; or |
| (ii) |
in determining a rate for publication in a newspaper that primarily distributes publications in a county of the first or second class, a newspaper’s average rate for all qualifying advertising segments for the preceding calendar quarter for an advertisement:
| (A) |
published in the same section of the newspaper as the legal notice; and |
| (B) |
of the same column-inch space as the legal notice. |
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| (b) |
“Column-inch space” means a unit of space that is one standard column wide by one inch high. |
| (c) |
“Gross advertising revenue” means the total revenue obtained by a newspaper from all of its qualifying advertising segments. |
| (d) |
| (i) |
“Legal notice” means:
| (A) |
a communication required to be made public by a state statute or state agency rule; or |
| (B) |
a notice required for judicial proceedings or by judicial decision. |
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| (ii) |
“Legal notice” does not include:
| (A) |
a public notice published by a public body in accordance with the provisions of Sections 52-4-202 and 63A-16-601; or |
| (B) |
a notice of delinquency in the payment of property taxes described in Section 59-2-1332.5. |
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| (e) |
“Public legal notice website” means the website described in Subsection (2)(b) for the purpose of publishing a legal notice online. |
| (f) |
| (i) |
“Qualifying advertising segment” means, except as provided in Subsection (1)(f)(ii), a category of print advertising sold by a newspaper, including classified advertising, line advertising, and display advertising. |
| (ii) |
“Qualifying advertising segment” does not include legal notice advertising. |
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| (g) |
“Special district” means the same as that term is defined in Section 17B-1-102. |
| (h) |
“Special service district” means the same as that term is defined in Section 17D-1-102. |
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| (2) |
Except as provided in Subsections (8) and (9), notwithstanding any other legal notice provision established by law, a person required by law to publish legal notice shall publish the notice:
| (a) |
| (i) |
as required by the statute establishing the legal notice requirement; or |
| (ii) |
by serving legal notice, by certified mail or in person, directly on all parties for whom the statute establishing the legal notice requirement requires legal notice, if:
| (A) |
the direct service of legal notice does not replace publication in a newspaper that primarily distributes publications in a county of the third, fourth, fifth, or sixth class; |
| (B) |
the statute clearly identifies the parties; |
| (C) |
the person can prove that the person has identified all parties for whom notice is required; and |
| (D) |
the person keeps a record of the service for at least two years; and |
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| (b) |
on a public legal notice website established by the combined efforts of Utah’s newspapers that collectively distribute newspapers to the majority of newspaper subscribers in the state. |
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| (3) |
The public legal notice website shall:
| (a) |
be available for viewing and searching by the general public, free of charge; and |
| (b) |
accept legal notice posting from any newspaper in the state. |
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| (5) |
If legal notice is required by law and one option for complying with the requirement is publication in a newspaper, or if a special district or a special service district publishes legal notice in a newspaper, the newspaper:
| (a) |
may not charge more for publication than the newspaper’s average advertisement rate; and |
| (b) |
shall publish the legal notice on the public legal notice website at no additional cost. |
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| (6) |
If legal notice is not required by law, if legal notice is required by law and the person providing legal notice, in accordance with the requirements of law, chooses not to publish the legal notice in a newspaper, or if a special district or a special service district with an annual operating budget of less than $250,000 chooses to publish a legal notice on the public notice website without publishing the complete notice in the newspaper, a newspaper:
| (a) |
may not charge more than an amount equal to 15% of the newspaper’s average advertisement rate for publishing five column lines in the newspaper to publish legal notice on the public legal notice website; |
| (b) |
may not require that the legal notice be published in the newspaper; and |
| (c) |
at the request of the person publishing on the legal notice website, shall publish in the newspaper up to five column lines, at no additional charge, that briefly describe the legal notice and provide the web address where the full public legal notice can be found. |
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| (7) |
If a newspaper offers to publish the type of legal notice described in Subsection (5), it may not refuse to publish the type of legal notice described in Subsection (6). |
| (8) |
Notwithstanding the requirements of a statute that requires the publication of legal notice, if legal notice is required by law to be published by a special district or a special service district with an annual operating budget of $250,000 or more, the special district or special service district shall satisfy its legal notice publishing requirements by:
| (a) |
mailing a written notice, postage prepaid:
| (i) |
to each voter in the special district or special service district; and |
| (ii) |
that contains the information required by the statute that requires the publication of legal notice; or |
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| (b) |
publishing the legal notice in a newspaper and on the legal public notice website as described in Subsection (5). |
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| (9) |
Notwithstanding the requirements of a statute that requires the publication of legal notice, if legal notice is required by law to be published by a special district or a special service district with an annual operating budget of less than $250,000, the special district or special service district shall satisfy its legal notice publishing requirements by:
| (a) |
mailing a written notice, postage prepaid:
| (i) |
to each voter in the special district or special service district; and |
| (ii) |
that contains the information required by the statute that requires the publication of legal notice; or |
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| (b) |
publishing the legal notice in a newspaper and on the public legal notice website as described in Subsection (5); or |
| (c) |
publishing the legal notice on the public legal notice website as described in Subsection (6). |
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Amended by Chapter 16, 2023 General Session
