PUBLICATION OF LEGAL NOTICE                                                   S.B. 7 (S-1) & 8 (S-1):

                                                                                                      FLOOR SUMMARY

 

 

 

 

 

 

 

Senate Bill 7 (Substitute S-1 as reported by the Committee of the Whole)

Senate Bill 8 (Substitute S-1 as reported)

Sponsor:  Senator Tory Rocca

Committee:  Judiciary

 

CONTENT

 

Senate Bill 8 (S-1) would amend Public Act 247 of 1963, which defines "newspaper" as used in State statutes for the publication of a notice, to do the following:

 

 --    Revise the definition and apply it to print publications.

 --    Define "newspaper" as an internet website if no print publication met the Act's criteria.

 --    Require an internet website to be an online version of a previous newspaper, have been operating continuously for at least two years, contain at least 25% news and editorial content, contain certain contact information and addresses, and meet other standards.

 --    Allow a notice to be published in a publication or website in an adjoining area, if no newspaper met the criteria for a print publication or internet website.

 

The bill also would repeal sections of the Revised Judicature Act (RJA) that define "newspaper".

 

Senate Bill 7 (S-1) would amend the Natural Resources and Environmental Protection Act to refer to a newspaper as defined in Public Act 247 of 1963, rather than in the RJA, in requirements for publication of a notice of the sale of surplus land.

 

The bill also would revise provisions concerning publication in a county nearest to the county in which surplus land is located, if a newspaper is not published in that county.  The bill would require publication in a newspaper in the nearest county if there were no publication or website that met the requirements of Public Act 247 in the county where the land was located or in an adjoining county.

 

The bills are tie-barred.

 

MCL 691.1051 (S.B. 163)                                             Legislative Analyst:  Suzanne Lowe

       324.2133 (S.B. 164)

 

FISCAL IMPACT

 

Senate Bill 8 (S-1) would have no effect on State or local revenue and an indeterminate impact on State and local expenses.  The impact on expenses would depend how the cost of alternative publication options allowed under the bill would compare with the cost of the options available under current law.  Because the additional options under the bill essentially would be available only when the options under current law were not available, the bill would likely have a negligible impact on expenses.

 

Senate Bill 7 (S-1) would have no fiscal impact on State or local government.

 

Date Completed:  1-31-13                                                     Fiscal Analyst:  Josh Sefton

                                                                                                                David Zin

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.