Bill Text: MI SB0163 | 2011-2012 | 96th Legislature | Engrossed

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Bill Title: Communications; newspapers and magazines; methods for publication of legal notices; modify. Amends sec. 1 of 1963 PA 247 (MCL 691.1051) & repeals secs. 1461 & 1950 of 1961 PA 236 (MCL 600.1461 & 600.1950). TIE BAR WITH: SB 0164'11

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed - Dead) 2011-03-16 - Referred To Committee On Local, Intergovernmental, And Regional Affairs [SB0163 Detail]

Download: Michigan-2011-SB0163-Engrossed.html

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SB-0163, As Passed Senate, March 16, 2011

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 163

 

 

February 17, 2011, Introduced by Senators ROCCA, JONES, BIEDA, SCHUITMAKER, NOFS, CASPERSON, WALKER and PAPPAGEORGE and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1963 PA 247, entitled

 

"An act to define the term "newspaper" as used in the statutes of

this state regarding publication of notices,"

 

by amending section 1 (MCL 691.1051); and to repeal acts and parts

 

of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The term "newspaper" as As used in any statute of

 

this state , except the revised judicature act of 1961 relative in

 

relation to the publication of a notice, of any kind, shall be

 

construed to refer only to a newspaper unless the statute expressly

 

provides otherwise, "newspaper" means a print publication published

 

in the English language for the dissemination of local or

 

transmitted news and intelligence of a general character or for the

 

dissemination of legal news , to which all of the following apply:

 

     (a) has There is a bona fide list of paying subscribers to the

 

publication or the publication has been published at not less than

 

weekly intervals in the same community without interruption for at

 

least 2 years. , and

 

     (b) The publication has been published and of general

 

circulation at not less than weekly intervals without interruption

 

for at least 1 year in the county, township, city, village or

 

district where the notice is required to be published required

 

area. A newspaper shall not lose eligibility for interruption of

 

continuous publication because of acts of God, labor disputes or

 

because of military service of the publisher for a period of not to

 

exceed 2 years and provided publication is resumed within 6 months

 

following the termination of such military service,

 

     (c) The publication annually averages at least 25% news and

 

editorial content per issue. The term "news and editorial content"

 

for the purpose of this section means any printed matter other than

 

advertising.

 

     (2) If there is no publication that meets the definition in

 

subsection (1) published and of general circulation in the required

 

area, "newspaper" means a website on the internet that meets all of

 

the following requirements:

 

     (a) The website is identified as a continuing online version

 

of a publication that previously met the definition in subsection

 

(1) and was published and of general circulation in the required

 

area.

 

     (b) The website is published in the English language for the

 

dissemination of local news of a general character or for the

 

dissemination of legal news for the required area.

 

     (c) The website has been established and operating without

 

interruption for at least 2 years.

 

     (d) The website contains substantial news and editorial

 

content.

 

     (e) News content on the website is published and posted

 

regularly and was updated at least every 7 days for the preceding 2

 

years.

 

     (f) The website lists all of the following:

 

     (i) Contact information, including a list of staff located in

 

the required area.

 

     (ii) An address and telephone number in the required area.

 

     (iii) An address in the required area where public notices may

 

be sent for posting.

 

     (iv) An address in the required area where complaints can be

 

made.

 

     (v) An address in the required area where printed copies of

 

notices may be viewed by the public.

 

     (g) The website includes a clearly designated area for public

 

notices that is accessible via a conspicuously displayed and

 

clearly labeled link from the homepage of the website and the

 

posted notices are maintained permanently in a searchable database

 

accessible on the website.

 

     (h) A substantial number of visitors to the website are

 

residents of the required area.

 

     (3) If there is no newspaper so qualifies publication or

 

website that meets the definition in subsection (1) or (2) in the

 

county where the court is situated, the term required area,

 

"newspaper" shall include any newspaper means a publication or

 

website in an adjoining county which by this act is qualified to

 

publish notice of actions commenced therein county, township, city,

 

village, district, or other geographic territory, as applicable,

 

that meets the definition in subsection (1) or (2).

 

     (4) A person that operates a publication that qualifies as a

 

newspaper under this section shall maintain a permanent and

 

complete printed copy of each published edition for archival and

 

verification purposes in the required area. A person that operates

 

a website that qualifies as a newspaper under this section shall

 

create a printed copy of any notice, in a format that includes the

 

date of publication, on the first day that the notice is published

 

on the website and shall maintain the printed copy in the required

 

area for archival and verification purposes.

 

     (5) A publication or website that meets the definition of a

 

newspaper under subsection (1) or (2) but that is controlled by the

 

person on whose behalf the notice is published or by an officer,

 

employee, agent, or affiliate of the person is not qualified to

 

serve as a newspaper for publication of the notice.

 

     (6) As used in this section:

 

     (a) "Controlled" means that the person has 1 or more of the

 

following:

 

     (i) Ownership of or the power to vote, directly or indirectly,

 

more than 50% of a class of voting securities or voting interests

 

of the entity that operates the publication or website.

 

     (ii) Power by the person's own action to elect or appoint a

 

majority of executive officers, managers, directors, trustees, or

 

other persons exercising managerial authority of the entity that

 

operates the publication or website.

 

     (iii) The legal right by the person's own action to direct,

 

restrict, regulate, govern, or administer the management or

 

policies of the entity that operates the publication or website.

 

     (b) "Internet" means that term as defined in 47 USC 230.

 

     (c) "News and editorial content" means any content other than

 

advertising.

 

     (d) "Notice" includes an order, ordinance, advertisement,

 

report, and any other statement or information required by statute

 

to be published.

 

     (e) "Required area" means the county, township, city, village,

 

district, or other geographic territory where the statute requires

 

the notice to be published or the newspaper to be published,

 

circulated, or printed.

 

     (f) "Website" means a collection of pages of the internet,

 

usually in html format, with clickable or hypertext links to enable

 

navigation from 1 page or section to another, that often uses

 

associated graphics files to provide illustration and may contain

 

other clickable or hypertext links.

 

     Enacting section 1. Sections 1461 and 1950 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.1461 and 600.1950, are

 

repealed.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 164                                      

 

            of the 96th Legislature is enacted into law.