HB 764 Modifies provisions relating to newspapers

Current Bill Summary

- Prepared by Senate Research -

HB 764 - This act modifies various provisions relating to newspapers.

Under current law, the operator of a self-service storage facility may sell the property stored on the premises if an occupant is in default, provided the operator, in addition to other requirements, advertises the time, place, and terms of the sale in the classified section of a newspaper of general circulation in the jurisdiction where the sale is to be held or in any other commercially reasonable manner, at least 7 days before the sale.

This provision is identical to a provision in the perfected HB 1008 (2021), HB 1135 (2021), and SCS/HCS/HB 1204 (2021).

The act furthermore modifies requirements for public advertisements for legal publications affecting the title to real estate. In addition to other requirements currently required by law, such advertisements must be published in a newspaper that has been either:

· Published regularly and consecutively for a period of one year, except that a newspaper of general circulation may be deemed to be the successor to a defunct newspaper of general circulation, and subject to all of the rights and privileges of said prior newspaper under this statute, if the successor newspaper shall begin publication no later than ninety consecutive days after the termination of publication of the prior newspaper; or

· Purchased or newly established by a newspaper that satisfies the requirements of paragraph (a) of this subdivision.

Under current law, in cities with over 100,000 inhabitants, any public notice or advertisement required to be made by law must be published in a daily newspaper of general circulation within the city that has been established and continuously published for a period of at least 3 consecutive years prior to publishing the notice. This act reduces the period of establishment and continuous publication to a period of one year prior to publishing the notice.


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