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SENATE BILL 26-061
BY SENATOR(S) Rich and Roberts, Carson, Kipp, Liston, Marchman,
Pelton R., Coleman;
also REPRESENTATIVE(S) Lukens and Richardson, Duran, McCluskie.
CONCERNING A CHANGE TO LEGAL NOTICE PUBLICATION REQUIREMENTS FOR
A COUNTY WITHOUT A REQUISITE LEGAL NEWSPAPER.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-70-103, amend (1)
and (3); and add (1.5) as follows:
24-70-103. Requisites of legal newspaper.
(1) Any and every legal notice or advertisement shall be published
only IN THE FOLLOWING ORDER OF PRIORITY in a daily, a triweekly, a
semiweekly, or a weekly newspaper of general circulation: and printed or
published in whole or in part in the county in which such notice or
advertisement is required to be published, except as provided in this section.
The newspaper, if published triweekly, semiweekly, or weekly, shall have
been so published in such county, except as provided in this section,
continuously and uninterruptedly during the period of at least fifty-two
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
consecutive weeks next prior to the first issue thereof containing any such
notice or advertisement; and the newspaper, if published daily, shall have
been so published in such county, uninterruptedly and continuously, during
the period of at least six months next prior to the first issue thereof
containing any such notice or advertisement. In the case of a municipality
having territory in two counties, each of which counties has one or more
legal newspapers within the municipality, the publication by such
municipality of its legal notices and advertisements in one of such
newspapers shall be construed as valid publication under this part 1.
(a) F IRST, IN SUCH A NEWSPAPER THAT HAS BEEN PRINTED OR
PUBLISHED, IN WHOLE OR IN PART , IN THE COUNTY IN WHICH THE LEGAL
NOTICE OR ADVERTISEMENT IS REQUIRED TO BE PUBLISHED
UNINTERRUPTEDLY AND CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO
THE FIRST ISSUE CONTAINING THE LEGAL NOTICE OR ADVERTISEMENT AND
THAT SATISFIES THE REQUIREMENTS OF A LEGAL PUBLICATION SPECIFIED IN
SECTION 24-70-102;
(b) S ECOND, IN SUCH A NEWSPAPER THAT HAS BEEN PRINTED OR
PUBLISHED, IN WHOLE OR IN PART , IN THE COUNTY IN WHICH THE LEGAL
NOTICE OR ADVERTISEMENT IS REQUIRED TO BE PUBLISHED
UNINTERRUPTEDLY AND CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO
THE FIRST ISSUE CONTAINING THE LEGAL NOTICE OR ADVERTISEMENT AND
THAT SATISFIES THE REQUIREMENTS TO BE ADMITTED TO THE UNITED
STATES MAILS WITH PERIODICALS MAILING PRIVILEGES BUT FOR THE
ABSENCE OF PAID CIRCULATION THAT IS DISTRIBUTED WITHIN THE
TERRITORIAL BOUNDARIES OF THE COUNTY; OR
(c) T HIRD, IN SUCH A NEWSPAPER THAT HAS BEEN PRINTED OR
PUBLISHED, IN WHOLE OR IN PART , IN THE COUNTY IN WHICH THE LEGAL
NOTICE OR ADVERTISEMENT IS REQUIRED TO BE PUBLISHED THAT WOULD
OTHERWISE SATISFY THE REQUIREMENTS OF SUBSECTIONS (1)(a) OR (1)(b)
OF THIS SECTION BUT FOR THE REQUIREMENT THAT THE NEWSPAPER SHALL
HAVE BEEN PUBLISHED IN THE COUNTY UNINTERRUPTEDLY AND
CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO THE FIRST ISSUE
CONTAINING THE LEGAL NOTICE OR ADVERTISEMENT.
(1.5) I F A MUNICIPALITY OR SPECIAL DISTRICT HAS TERRITORY IN
TWO COUNTIES , EACH OF WHICH HAS ONE OR MORE NEWSPAPERS THAT
SATISFY THE REQUIREMENTS OF A LEGAL PUBLICATION SPECIFIED IN SECTION
PAGE 2-SENATE BILL 26-061
24-70-102 WITHIN THE MUNICIPALITY OR SPECIAL DISTRICT , THE
MUNICIPALITY OR SPECIAL DISTRICT MAY PUBLISH NOTICE IN EITHER
NEWSPAPER.
(3) If in any county in this state no newspaper has been published
for the prescribed period at the time when any such notice or advertisement
is required to be published or if there is no newspaper published therein,
such notice or advertisement may be published in any newspaper published
in whole or in part in an adjoining county and having a general circulation
in whole or in part in said county having no newspaper published therein.
If there is no newspaper in any adjoining county that has been published for
the prescribed period at the time when any such notice or advertisement is
required to be published, a required notice or advertisement may be
published in a newspaper having general circulation within the county. IF
NONE OF THE OPTIONS APPLICABLE TO ANY AND EVERY LEGAL NOTICE OR
ADVERTISEMENT SET FORTH IN SUBSECTION (1) OF THIS SECTION ARE
AVAILABLE WITHIN THE COUNTY IN WHICH PUBLICATION OF A LEGAL NOTICE
OR ADVERTISEMENT IS REQUIRED, THE LEGAL NOTICE OR ADVERTISEMENT
MAY BE PUBLISHED IN AN ADJOINING COUNTY IN ACCORDANCE WITH THE
SAME ORDER OF PRIORITY IN SUBSECTION (1) OF THIS SECTION. IF NONE OF
THE OPTIONS SET FORTH IN SUBSECTION (1) OF THIS SECTION ARE AVAILABLE
IN ANY ADJOINING COUNTY, THE LEGAL NOTICE OR ADVERTISEMENT MAY BE
PUBLISHED IN A NEWSPAPER THAT SATISFIES THE REQUIREMENTS FOR A
LEGAL PUBLICATION SPECIFIED IN SECTION 24-70-102, SELECTED WITH
PRIMARY CONSIDERATION GIVEN TO GEOGRAPHIC PROXIMITY.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 3-SENATE BILL 26-061
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
____________________________ ____________________________
James Rashad Coleman, Sr. Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Esther van Mourik Vanessa Reilly
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 4-SENATE BILL 26-061