HCS/HB 2289 - This act modifies provisions relating to requirements for public notice.
BIDDING ON CERTAIN PUBLIC PROJECTS
Under current law, all contracts for projects, the cost of which exceeds $25,000, entered into by any city containing 500,000 inhabitants or more shall be let to the lowest, responsive, responsible bidder or bidders after notice and publication of an advertisement for five days in a daily newspaper in the county where the work is located, or at least twice over a period of ten days or more in a newspaper in the county where the work is located, and in two daily newspapers in the state which do not have less than fifty thousand daily circulation, and by such other means as are determined to be most likely to reach potential bidders. This act permits posting invitations to bid on the website of the city or through an electronic procurement system as well.
Current law also provides that all contracts for projects, the cost of which exceeds $100,000, entered into by an officer or agency of this state shall be let to the lowest, responsive, responsible bidder or bidders based on preestablished criteria after notice and publication of an advertisement for 5 days in a daily newspaper in the county where the work is located, or at least twice over a period of 10 days or more in a newspaper in the county where the work is located and in one daily newspaper in the state which does not have less than 50,000 daily circulation and by such other means as determined to be most likely to reach potential bidders. This act permits posting invitations to bid on the website of the officer or agency or through an electronic procurement system as well.
These provisions are similar to provisions in the truly agreed to and finally passed SS#3/SCS/SB 758 (2022), HCS/SS#2/SCS/SB 968 (2022), and HB 2398 (2022).
SALE OF PROPERTY IN SELF-SERVICE STORAGE FACILITY
The act modifies notice requirements for the sale of property in a self-service storage facility when the occupant is in default for a period of more than 45 days. Under current law, an advertisement must be made at least seven days before the sale in a newspaper of general circulation in the jurisdiction where the sale is to be held, indicating the time, place and terms of the sale. This act requires the advertisement to be placed in the classified section of the newspaper or in any other commercially reasonable manner, as defined in the act.
This provision is identical to SB 885 (2022), a provision in HCS/SS#2/SCS/SB 968 (2022), HB 1689 (2022), SB 594 (2021) and HB 1135 (2021).
PUBLICATION OF NOTICE REQUIREMENTS - GENERALLY
The act modifies the requirements for a newspaper to be able to publish public advertisements, orders of publication required by law, and legal publications affecting the title to real estate. Specifically, such publications shall be published in some daily, triweekly, semiweekly, or weekly newspaper of general circulation in the county where located, and such newspaper shall have:
· Been admitted to the post office as periodicals class matter in the city of publication;
· Been either published regularly and consecutively for a period of one year, rather than 3 years, with a certain exception, or a purchased or newly established newspaper that meets the requirements of the act; and
· A list of bona fide subscribers who have paid or agreed to pay a stated price for a subscription for a definite period of time.
These provisions are identical to provisions in HCS/SS#2/SCS/SB 968 (2022).