PREFILED    JAN 04 2017

REFERENCE TITLE: newspapers; public notices; publication




State of Arizona

House of Representatives

Fifty-third Legislature

First Regular Session




HB 2013


Introduced by

Representative Finchem





amending sections 11-255 and 39-201, Arizona Revised Statutes; relating to the printing and publication of public notices.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 11-255, Arizona Revised Statutes, is amended to read:

START_STATUTE11-255.  Annual contract for advertising, publishing and printing

A.  The board shall contract annually for all advertising, publications and printing required to be done or made by all departments of county government.

B.  Written notice of letting the contract shall be deposited in the post office by the clerk of the board, postage prepaid, addressed to the office of each qualified newspaper within the county, at least ten days prior to before the opening of bids, calling for written bids for the advertising, publications and printing required by all county departments during the ensuing year and stating on what day the bids received will be opened.

C.  A contract shall be made with the newspaper that is the lowest and best bidder, in the discretion of the board, and to a newspaper which for at least one year has been admitted to the United States mail as second-class matter, if the bid is within the legal rate.  During the existence of the contract, all advertising, publications and printing ordered by any department of county government shall be provided to the newspaper awarded the contract for printing under the terms and conditions of the contract.

D.  The newspaper which that is awarded the contract pursuant to subsection C of this section may be referred to as the official newspaper of the county.

E.  Notwithstanding subsection C of this section, the board of supervisors may, for itself and all departments of county government, may advertise, publish and print in a publication other than the official newspaper if any of the following apply applies:

1.  The advertising, publishing or printing is in addition to that required to be done in the official newspaper of the county.

2.  The advertising, publishing or printing is authorized but not required by law.

3.  The advertising, publishing or printing is required by statute to be done in a location other than that of the official newspaper of the county. END_STATUTE

Sec. 2.  Section 39-201, Arizona Revised Statutes, is amended to read:

START_STATUTE39-201.  Definition of newspaper

A.  In this chapter, unless the context otherwise requires, "newspaper" means a publication that is all of the following:

1.  Regularly issued for the dissemination of news of a general and public character at stated short intervals of time.  Such publication shall be

2.  From a known office of publication, and shall bear bears dates of issue and be is numbered consecutively.  It shall

3.  Not be designed primarily for advertising, free circulation or circulation at nominal rates but shall have has a bona fide list of paying subscribers.

B.  "Newspaper" shall not include a publication which has not been admitted under federal law as second‑class matter in the United States mails for at least one year. END_STATUTE