Two Republican bills eliminate outdated legal notice requirements. Senate Bill 26-061 removes the 52-week publication period requirement and allows counties to use papers “without paid circulation” if they provide local news and qualify for periodicals mailing privileges. House Bill 26-1095 allows counties to publish legal notices online on newspaper websites instead of print. Online notices must be free to access without paywall or subscription.
Sen. Janice Rich (R-Grand Junction) sponsors SB26-061. She served as Mesa County Clerk & Recorder from 2003-2010. Rep. Larry Suckla (R-Cortez) sponsors HB26-1095. He served as Montezuma County Commissioner for eight years and was named Colorado County Commissioner of the Year in 2017.
Legal notices currently represent 20-25% of small newspaper revenue according to industry research. Losing this revenue could force some papers to close.
The 52-week publication requirement was enacted when newspapers were the only mass communication medium. Current law requires weekly papers to publish for 52 consecutive weeks before qualifying to run legal notices. Most Coloradans access information online.
Counties currently pay newspapers for print publication and post notices online at PublicNoticeColorado.com. HB26-1095 eliminates the print requirement while keeping the online requirement. Counties can publish for free what they currently pay newspapers to publish.
Current law creates monopoly. Only newspapers meeting publication period requirements can publish legal notices. SB26-061 breaks the monopoly by allowing counties to choose from broader range of publications. HB26-1095 eliminates the monopoly by allowing online-only publication.
The 2022 Custer County controversy showed the risk. Wet Mountain Tribune lost legal notices to Sangre de Cristo Sentinel despite Tribune’s lower bid. Commissioners cited Tribune’s “combative” coverage.
Counties retain discretion. Rural counties without broadband can continue print publication. Counties with broadband can switch to online.
Colorado faces $850 million deficit. Counties can reduce costs through online publication or alternative newspapers.
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