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ARIZONA STATE SENATE

Fifty-Fifth Legislature, First Regular Session

 

AMENDED

FACT SHEET FOR S.B. 1645

 

publication of notice

Purpose

Requires a statutorily required publication of notice by a city or town to be printed and published either in a newspaper within the city or town or in a newspaper printed and published within the county that has a greater circulation to the residents of the city or town.

Background

When statute requires publication of a notice in a newspaper, it must be in a newspaper of general circulation printed in English. If the place of publication of the notice is not specified, publication must be: 1) if published by a state officer, board, or commission, in a newspaper printed and published within the county where the state capital is located; 2) if published by a county officer, board, or commission, or by any person in a county, in a newspaper printed and published within such county; and 3) if published by a district, city or town officer, board, or commission, or by any person in a district, city or town, in a newspaper printed and published within the territorial limits of a district, city or town. If no newspaper meeting is printed and published within the territorial limits of a district, city or town, publication may be made in a newspaper printed and published in the county in which the district, city or town is located (A.R.S. § 39-204).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1.   Requires a city or town notice to be published in a newspaper that is printed and published within one of the following:

a)   city or town; or

b)   county in which the city or town is located that has a greater circulation to residents of the city or town.

2.   Requires municipal improvement district notices and resolutions to be published in the same manner as city and town notices, unless statutorily required to be published elsewhere.

3.   Removes the requirement that a statutorily required publication of notice by a city or town that does not specify a place of publication be printed in the county only if there is no newspaper within the city or town.

4.   Requires a statutorily required district notice in which a newspaper is not printed and published in the district to be posted in a newspaper in the county that is circulated to residents of the district.

5.   Makes technical changes.

6.   Becomes effective on the general effective date.

Amendments Adopted by Committee

1.   Allows a city or town notice to be printed and published either in a newspaper within the city or town or in a newspaper printed and published within the county that has a greater circulation to the residents of the city or town

2.   Removes the requirement that a statutorily required publication of notice by a city or town that does not specify a place of publication be printed in the county only if there is no newspaper within the city or town.

3.   Requires municipal improvement district notices and resolutions to be published in the same manner as city and town notices unless statutorily required to be published elsewhere.

4.   Reinserts the requirements that district notices be posted by the county only if there is no newspaper within the district limits.

Senate Action

GOV               2/15/21      DPA    6-1-1-0

Prepared by Senate Research

February 16, 2021

MH/HF/gs