Bill Text: NJ A5156 | 2024-2025 | Regular Session | Introduced
Bill Title: Permits posting official public notices online under certain circumstances; expands definition of newspaper for adequate notice of public meetings to include those published online.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-12-19 - Introduced, Referred to Assembly State and Local Government Committee [A5156 Detail]
Download: New_Jersey-2024-A5156-Introduced.html
Sponsored by:
Assemblyman ROY FREIMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
SYNOPSIS
Permits posting official public notices online under certain circumstances; expands definition of newspaper for adequate notice of public meetings to include those published online.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain public notice requirements and amending P.L.1975, c.231, R.S.35:1-2.1, and R.S.35:1-2.2.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1975, c.231 (C.10:4-8) is amended to read as follows:
3. As used in this act:
a. "Public body" means a commission, authority, board, council, committee or any other group of two or more persons organized under the laws of this State, and collectively empowered as a voting body to perform a public governmental function affecting the rights, duties, obligations, privileges, benefits, or other legal relations of any person, or collectively authorized to spend public funds including the Legislature, but does not mean or include the judicial branch of the government, any grand or petit jury, any parole board or any agency or body acting in a parole capacity, the State Commission of Investigation, the Apportionment Commission established under Article IV, Section III, of the Constitution, or any political party committee organized under Title 19 of the Revised Statutes.
b. "Meeting" means and includes any gathering whether corporeal or by means of communication equipment, which is attended by, or open to, all of the members of a public body, held with the intent, on the part of the members of the body present, to discuss or act as a unit upon the specific public business of that body. Meeting does not mean or include any such gathering (1) attended by less than an effective majority of the members of a public body, or (2) attended by or open to all the members of three or more similar public bodies at a convention or similar gathering.
c. "Public business" means and includes all matters which relate in any way, directly or indirectly, to the performance of the public body's functions or the conduct of its business.
d. "Adequate notice" means written advance notice of at least 48 hours, giving the time, date, location and, to the extent known, the agenda of any regular, special or rescheduled meeting, which notice shall accurately state whether formal action may or may not be taken and which shall be (1) prominently posted in at least one public place reserved for such or similar announcements, (2) physically mailed, electronically mailed, telephoned, telegrammed, or hand delivered to at least two newspapers, including newspapers published in part or in whole electronically through the Internet, which newspapers shall be designated by the public body to receive such notices because they have the greatest likelihood of informing the public within the area of jurisdiction of the public body of such meetings, one of which shall be the official newspaper, where any such has been designated by the public body or if the public body has failed to so designate, where any has been designated by the governing body of the political subdivision whose geographic boundaries are coextensive with that of the public body and (3) filed with the clerk of the municipality when the public body's geographic boundaries are coextensive with that of a single municipality, with the clerk of the county when the public body's geographic boundaries are coextensive with that of a single county, and with the Secretary of State if the public body has Statewide jurisdiction. For any other public body the filing shall be with the clerk or chief administrative officer of such other public body and each municipal or county clerk of each municipality or county encompassed within the jurisdiction of such public body. Where annual notice or revisions thereof in compliance with section 13 of this act set forth the location of any meeting, no further notice shall be required for such meeting.
(cf: P.L.1981, c.176, s.2)
2. R.S.35:1-2.1 is amended to read as follows:
35:1-2.1 a. Whenever it is required to publish resolutions, official proclamations, notices or advertising of any sort, kind or character, including proposals for bids on public work and otherwise, by this State or by any board or body constituted and established for the performance of any State duty or by any State official or office or commission, the newspaper or newspapers selected for such publication must meet and satisfy the following qualifications, namely: said newspaper or newspapers shall be entirely printed in the English language, shall be printed and published within the State of New Jersey, shall be a newspaper of general paid circulation possessing an average news content of not less than thirty-five per centum (35%), shall have been published continuously in the municipality where its publication office is situate for not less than two years and shall have been entered for two years as second-class mail matter under the postal laws and regulations of the United States. In case a newspaper cannot meet these qualifications, itself, but has acquired another newspaper which meets these qualifications, the acquiring newspaper shall be deemed to meet these qualifications if it is published in the same municipality and entered in the same post office as was the acquired newspaper. Continuous publication within the meaning of this section shall not be deemed interrupted by any involuntary suspension of publication for a period not exceeding six months, resulting from loss, destruction, mechanical or electrical failure of typesetting equipment or printing presses or the unavailability, due to conditions beyond the control of the publisher, of paper or other materials and supplies necessary for operation, or resulting from a labor dispute with a recognized labor union, and any newspaper so affected shall not be disqualified hereunder in the event that publication is resumed within said period of six months.
b. Whenever a newspaper meets the qualifications in subsection a. of this section or has met these qualifications in the preceding two years prior to the publication and is published in whole or in part electronically through the Internet, or whenever there is no qualified newspaper, or in the event that the State or board or body is unable to identify a qualified newspaper, it shall be sufficient for the State or board or body to (1) publish on their official website and (2) post such notice in at least one public place reserved for such or similar announcements. The publishing and posting shall be prominently displayed, and shall be published and posted continuously for the equivalent length of time as required by law for publishing in a newspaper.
(cf: P.L.1953, c.411, s.1)
3. R.S.35:1-2.2 is amended to read as follows:
35:1-2.2 a. Whenever, by law, it is required that there be published by printing and publishing in a newspaper or newspapers, ordinances, resolutions or notices or advertisements of any sort, kind or character by any county, city or other municipality or municipal corporation, or by any municipal board or official board, or body, or office, or officials, or by any person or corporation, such newspaper or newspapers must, in addition to any other qualification now required by law, meet the following qualifications, namely: said newspaper or newspapers shall be entirely printed in the English language, shall be printed and published within the State of New Jersey, shall be a newspaper of general paid circulation possessing an average news content of not less than 35%, shall have been published continuously in the municipality where its publication office is situate for not less than 2 years and shall have been entered for 2 years as second-class mail matter under the postal laws and regulations of the United States. In case a newspaper cannot meet these qualifications itself but has acquired another newspaper which meets these qualifications, the acquiring newspaper shall be deemed to meet these qualifications if it is published in the same municipality and entered in the same post office as was the acquired newspaper. Continuous publication within the meaning of this section shall not be deemed interrupted by any involuntary suspension of publication for a period not exceeding 6 months resulting from loss, destruction, mechanical or electrical failure of typesetting equipment or printing presses or the unavailability, due to conditions beyond the control or the publisher, of paper or other materials and supplies necessary for operation, or resulting from a labor dispute with a recognized labor union, and any newspaper so affected shall not be disqualified hereunder in the event that publication is resumed within said period of 6 months.
For the purposes of this section and for the purpose of qualifying for legal advertisements generally, any newspaper which for not less than 2 years shall have been continuously printed in a building located within two municipalities and which for not less than 2 years shall have continuously maintained its editorial and business offices in said building shall be deemed to have been published continuously in each of said municipalities during that period and its publication office shall be deemed to have been situate in each municipality during that period.
In the event any newspaper which shall have been qualified to publish legal advertisements shall move its publication office to any municipality in the same county or in an adjacent county in this State and which shall otherwise continue to meet the qualifications of this section, it shall be qualified to publish legal advertisements which it was qualified to publish prior to moving said publication office for a period of 2 years after the date of the moving of its publication office or such period as said newspaper shall have the highest paid circulation of any newspaper within the county or municipality which shall use said newspaper for legal advertisements.
b. Whenever a newspaper meets the qualifications in subsection a. of this section or has met these qualifications in the preceding two years prior to publication and is published in whole or in part electronically through the Internet, or whenever there is no qualified newspaper, or in the event that the county, city or other municipality or municipal corporation is unable to identify a qualified newspaper, it shall be sufficient for the county, city or other municipality or municipal corporation to (1) publish on their official website and (2) post such notice in at least one public place reserved for such or similar announcements. The publishing and posting shall be prominently displayed, and shall be published and posted continuously for the equivalent length of time as required by law for publishing in a newspaper.
(cf: P.L.1979, c.84, s.1)
4. This act shall take effect immediately.
STATEMENT
Under current law, a public body is required to post certain public notices, such as resolutions, ordinances, advertisements, meetings, or publications, in newspapers prior to the public body taking action.
This bill amends the definition of "adequate notice" for public meetings to allow public bodies to satisfy their meeting notice requirements by notifying newspapers that are published in part or in whole electronically via the Internet.
Under the bill, a qualified or previously qualified newspaper that is now published in part or in whole electronically through the Internet, or when there is no qualified newspaper or the State or local body is unable to identify a qualified newspaper, the State or local body will publish on their publicly accessible website, and in at least one public place reserved for such or similar announcements. This will be deemed as compliance with the publication requirements of the notice. The publishing and posting will be prominently displayed, as well as published and posted continuously for the equivalent length of time as required by law for publishing in a newspaper.
