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A1163
ASSEMBLY, No. 1163
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman JOE DANIELSEN
District 17 (Middlesex and Somerset)
Co-Sponsored by:
Assemblywoman Peterpaul
SYNOPSIS
���� Expands definition and qualifications of online
newspaper for required public advertisements.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning certain newspapers and publishing required
public notices online, and amending R.S.35:1-2.1 and R.S.35:1-2.2.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� R.S.35:1-2.1 is amended
to read as follows:
���� 35:1-2.1.����
a.
� Whenever
it is required to publish resolutions, official proclamations, notices or
advertising of any sort, kind or character, including proposals for bids on
public work and otherwise, by this State or by any board or body constituted
and established for the performance of any State duty or by any State official
or office or commission, the newspaper or newspapers selected for such
publication must meet and satisfy the following qualifications, namely: said
newspaper or newspapers shall be entirely printed in the English language,
shall be printed and published within the State of New Jersey, shall be a
newspaper of general paid circulation possessing an average news content of not
less than thirty-five per centum (35%),
and
shall have been published
continuously in the municipality where its publication office is situate for
not less than two years
[
and
shall have been entered for two years as second-class mail matter under the
postal laws and regulations of the United States
]
.� In case a newspaper cannot meet
these qualifications, itself, but has acquired another newspaper which meets
these qualifications, the acquiring newspaper shall be deemed to meet these
qualifications if it is published in the same municipality
[
and entered in
the same post office
]
as was the acquired newspaper.� Continuous publication within the meaning of
this section shall not be deemed interrupted by any involuntary suspension of
publication for a period not exceeding six months, resulting from loss,
destruction, mechanical or electrical failure of typesetting equipment or
printing presses or the unavailability, due to conditions beyond the control of
the publisher, of paper or other materials and supplies necessary for operation,
or resulting from a labor dispute with a recognized labor union, and any
newspaper so affected shall not be disqualified hereunder in the event that
publication is resumed within said period of six months.
����
b.��� In case a newspaper
meets the qualifications in subsection a. of this section or has met these
qualifications in the preceding two years prior to the publication and is
published in whole or in part electronically through the Internet, the
newspaper shall be deemed to meet these qualifications.� In order for State and
local government agencies, instrumentalities, departments, commissions, or
authorities to publish notices to the newspaper�s website, the newspaper shall
meet the following qualifications:
����
(1) demonstrate a history
of serving an audience which includes the jurisdiction or area of interest the
agency serves;
����
(2) provide an email
newsletter to their readers, which shall include the notices published in their
newspaper; and
����
(3) provide an option to
view the notice in Spanish and in one additional prominent language spoken in
the region the newspaper serves.
(cf: P.L.1953, c.411, s.1)
���� 2.��� R.S.35:1-2.2 is amended
to read as follows:
���� 35:1-2.2.����
a.
�
Whenever, by law, it is required that there be published by printing and
publishing in a newspaper or newspapers, ordinances, resolutions or notices or
advertisements of any sort, kind or character by any county, city or other
municipality or municipal corporation, or by any municipal board or official
board, or body, or office, or officials, or by any person or corporation, such
newspaper or newspapers must, in addition to any other qualification now
required by law, meet the following qualifications, namely:� said newspaper or
newspapers shall be entirely printed in the English language, shall be printed
and published within the State of New Jersey, shall be a newspaper of general
paid circulation possessing an average news content of not less than 35%,
and
shall� have been published continuously in the municipality where its
publication� office is situate for not less than 2 years
[
and shall have
been entered for 2� years as second-class mail matter under the postal laws and
regulations of the United States
]
.� In case a newspaper cannot meet these qualifications itself but has acquired
another newspaper which meets these qualifications, the acquiring newspaper
shall be deemed to meet these qualifications if it is published in the same
municipality
[
and
entered in the same post office
]
as was the acquired newspaper.� Continuous publication within the meaning of
this section shall not� be deemed interrupted by any involuntary suspension of
publication for a period� not exceeding 6 months resulting from loss,
destruction, mechanical or� electrical failure of typesetting equipment or
printing presses or the� unavailability, due to conditions beyond the control
[
or
]
of
the
publisher, of paper or other materials and supplies necessary for operation, or
resulting from a labor dispute with a recognized labor union, and any newspaper
so affected shall not be disqualified hereunder in the event that publication
is resumed� within said period of 6 months.
���� For the purposes of this
section and for the purpose of qualifying for legal advertisements generally,
any newspaper which for not less than 2 years shall have been continuously
printed in a building located within two municipalities and which for not less
than 2 years shall have continuously maintained its editorial and business
offices in said building shall be deemed to have been published continuously in
each of said municipalities during that period and its publication office shall
be deemed to have been situate in each municipality during that period.
���� In the event any newspaper
which shall have been qualified to publish legal� advertisements shall move its
publication office to any municipality in the same county or in an adjacent
county in this State and which shall otherwise continue to meet the qualifications
of this section, it shall be qualified to publish legal advertisements which it
was qualified to publish prior to moving said publication office for a period
of 2 years after the date of the moving of its publication office or such
period as said newspaper shall have the highest paid circulation of any
newspaper within the county or municipality which shall� use said newspaper for
legal advertisements.
����
b.��� In case a newspaper
meets the qualifications in subsection a. of this section or has met these qualifications
in the preceding two years prior to publication and is published in whole or in
part electronically through the Internet, the newspaper shall be deemed to meet
these qualifications. �In order for State and local government agencies,
instrumentalities, departments, commissions, or authorities to publish notices
to the newspaper�s website, the newspaper shall meet the following
qualifications:
����
(1) demonstrate a history
of serving an audience which includes the jurisdiction or area of interest the
agency serves;
����
(2) provide an email
newsletter to their readers, which shall include the notices published in their
newspaper; and
����
(3) provide an option to
view the notice in Spanish and in one additional prominent language spoken in
the region the newspaper serves.
(cf: P.L.1979, c.84, s.1)
���� 3.��� This act shall take
effect immediately.
STATEMENT
���� This bill amends the
definition of a newspaper and establishes certain criteria for publications to
qualify for the online publishing of official notices and advertisements by
State or local bodies.�
���� The bill retains the
requirements that the newspaper be entirely printed in the English language,
printed and published within the State of New Jersey, be a newspaper of general
paid circulation possessing an average news content of not less than 35%, and
have been published continuously in the municipality where its publication
office is for not less than two years.� The bill removes the requirement that
the newspaper be registered as a second class mail matter with the postal
service.
���� This bill states that in order
for State and local government agencies to publish notices to a newspaper�s
website, the newspaper will be required to meet the following qualifications:
���� (1) demonstrate a history of
serving an audience which includes the jurisdiction or area of interest the
agency serves;
���� (2) provide an email
newsletter to their readers, which shall include the notices published in their
newspaper; and
���� (3) provide an option to view
the notice in Spanish and one additional prominent language spoken in the
region the newspaper serves.