Bill Text: NC S518 | 2015-2016 | Regular Session | Amended
Bill Title: Broader Publication of Legal Notices
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-30 - Ref To Com On Rules and Operations of the Senate [S518 Detail]
Download: North_Carolina-2015-S518-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
S 1
SENATE BILL 518
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Short Title: Broader Publication of Legal Notices. |
(Public) |
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Sponsors: |
Senator B. Jackson (Primary Sponsor). |
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Referred to: |
Rules and Operations of the Senate. |
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March 30, 2015
A BILL TO BE ENTITLED
AN ACT relating to the regulations for newspaper publication of legal notices and advertisements.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 1‑597 reads as rewritten:
"§ 1‑597. Regulations for newspaper publication of legal notices, advertisements, etc.
Whenever a notice or any other paper, document or legal
advertisement of any kind or description shall be authorized or required by any
of the laws of the State of North Carolina, heretofore or hereafter enacted, or
by any order or judgment of any court of this State to be published or
advertised in a newspaper, such publication, advertisement or notice shall be
of no force and effect unless it shall be published in a newspaper with a
general circulation to actual paid subscribers which newspaper at the
time of such publication, advertisement or notice, shall have been admitted to
the United States mails in the Periodicals class in the county or political
subdivision where such publication, advertisement or notice is required to be
published, and which shall have been regularly and continuously issued in the
county in which the publication, advertisement or notice is authorized or
required to be published, at least one day in each calendar week for at least
25 of the 26 consecutive weeks immediately preceding the date of the first
publication of such advertisement, publication or notice; provided that in the
event that a newspaper otherwise meeting the qualifications and having the
characteristics prescribed by G.S. 1‑597 to 1‑599, should fail
for a period not exceeding four weeks in any calendar year to publish one or
more of its issues such newspaper shall nevertheless be deemed to have complied
with the requirements of regularity and continuity of publication prescribed
herein. Provided further, that where any city or town is located in two or more
adjoining counties, any newspaper published in such city or town shall, for the
purposes of G.S. 1‑597 to 1‑599, be deemed to be admitted to
the mails, issued and published in all such counties in which such town or city
of publication is located, and every publication, advertisement or notice
required to be published in any such city or town or in any of the counties
where such city or town is located shall be valid if published in a newspaper
published, issued and admitted to the mails anywhere within any such city or
town, regardless of whether the newspaper's plant or the post office where the
newspaper is admitted to the mails is in such county or not, if the newspaper otherwise
meets the qualifications and requirements of G.S. 1‑597 to 1‑599.
This provision shall be retroactive to May 1, 1940, and all publications,
advertisements and notices published in accordance with this provision since
May 1, 1940, are hereby validated.
Notwithstanding the provisions of G.S. 1‑599, whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina, heretofore or hereafter enacted, or by any order or judgment of any court of this State to be published or advertised in a newspaper qualified for legal advertising in a county and there is no newspaper qualified for legal advertising as defined in this section in such county, then it shall be deemed sufficient compliance with such laws, order or judgment by publication of such notice or any other such paper, document or legal advertisement of any kind or description in a newspaper published in an adjoining county or in a county within the same district court district as defined in G.S. 7A‑133 or superior court district or set of districts as defined in G.S. 7A‑41.1, as the case may be; provided, if the clerk of the superior court finds as a fact that such newspaper otherwise meets the requirements of this section and has a general circulation in such county where no newspaper is published meeting the requirements of this section."
SECTION 2. This act is effective when it becomes law and applies to legal notices and advertisements published on or after that date.
