Bill Text: MI SB0163 | 2011-2012 | 96th Legislature | Introduced
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-Introduced.html
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.
