Allows public bodies to provide required notices to newspapers distributed online and establishes related publication requirements; establishes rates that newspapers and online news publications may charge for each notice posted online.

A5182

ASSEMBLY, No. 5182

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 1, 2026

Sponsored by:

Assemblywoman� HEATHER SIMMONS

District 3 (Cumberland, Gloucester and Salem)

SYNOPSIS

���� Allows public bodies to provide required notices to
newspapers distributed online and establishes related publication requirements;
establishes rates that newspapers and online news publications may charge for
each notice posted online.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning publication of official advertising and
amending various sections of statutory law.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 3 of P.L.1975,
c.231 (C.10:4-8) is amended to read as follows:

���� 3.��� As used in this act:

���� a.���� "Public body"
means a commission, authority, board, council, committee or any other group of
two or more persons organized under the laws of this State, and collectively
empowered as a voting body to perform a public governmental function affecting
the rights, duties, obligations, privileges, benefits, or other legal relations
of any person, or collectively authorized to spend public funds including the
Legislature, but does not mean or include the judicial branch of the
government, any grand or petit jury, any parole board or any agency or body
acting in a parole capacity, the State Commission of Investigation, the
Apportionment Commission established under Article IV, Section III, of the
Constitution, or any political party committee organized under Title 19 of the
Revised Statutes.

���� b.��� "Meeting"
means and includes any gathering whether corporeal or by means of communication
equipment, which is attended by, or open to, all of the members of a public
body, held with the intent, on the part of the members of the body present, to
discuss or act as a unit upon the specific public business of that body.�
Meeting does not mean or include any such gathering (1) attended by less than
an effective majority of the members of a public body, or (2) attended by or
open to all the members of three or more similar public bodies at a convention
or similar gathering.

���� c.���� "Public
business" means and includes all matters which relate in any way, directly
or indirectly, to the performance of the public body's functions or the conduct
of its business.

���� d.��� "Adequate
notice"� means written advance notice of at least 48 hours, giving the
time, date, location and, to the extent known, the agenda of any regular,
special or rescheduled meeting, which notice shall accurately state whether
formal action may or may not be taken and which shall be (1) prominently posted
in at least one public place reserved for such or similar announcements, (2)
physically

mailed,
electronically mailed,
telephoned, telegrammed, or hand
delivered to at least two newspapers
, including newspapers published in part
or in whole electronically on the Internet or an online news publication,

which newspapers shall be designated by the public body to receive such notices
because they have the greatest likelihood of informing the public within the
area of jurisdiction of the public body of such meetings, one of which shall be
the official newspaper, where any such has been designated by the public body
or if the public body has failed to so designate, where any has been designated
by the governing body of the political subdivision whose geographic boundaries
are coextensive with that of the public body and (3) filed with the clerk of
the municipality when the public body's geographic boundaries are coextensive
with that of a single municipality, with the clerk of the county when the
public body's geographic boundaries are coextensive with that of a single
county, and with the Secretary of State if the public body has Statewide
jurisdiction.� For any other public body the filing shall be with the clerk or
chief administrative officer of such other public body and each municipal or
county clerk of each municipality or county encompassed within the jurisdiction
of such public body.� Where annual notice or revisions thereof in compliance
with section 13 of this act set forth the location of any meeting, no further
notice shall be required for such meeting.

(cf: P.L.1981, c.176, s.2)

���� 2.��� R.S.35:1-1 is amended to
read as follows:

���� 35:1-1.� As used in this title

[
,
]

:

����
"Designated
publication address" means a physical, publicly accessible, by appointment
or otherwise, New Jersey address, identified by the newspaper or online news
publication and owned or leased by the newspaper or online news publication,
where activities are conducted that meaningfully contribute to the publication
of the newspaper or online news publication.� Although a newspaper or online
news publication may have more than one office, located within or outside of New
Jersey, it shall have only one designated publication address, which shall be
displayed on the Internet website of the newspaper or online news publication.�
The publication office of any newspaper that publishes a print edition shall
constitute its designated publication address.

����
"News" means any
written, oral, or pictorial information gathered, procured, transmitted,
compiled, edited, or disseminated by, or on behalf of any person engaged in,
engaged on, connected with or employed by a news media and so procured or
obtained while that required relationship is in effect.

����
[
"official
]
"
Official

advertising,"
[
and
]

"official advertisements
,
"
"legal advertising,"
"legal advertisements," and "pubic notice"
include all
matters required by law to be published.�
All official advertising, official
advertisements, legal advertising, legal advertisements, and public notices
shall be published entirely in the English language and shall be published in a
qualified newspaper or online news publication pursuant to R.S.35:1-2.1 and
R.S.35:1-2.2.

����
"Original, general
news content" means content created or produced by or on behalf of a
newspaper or online news publication, or any parent, affiliate, or subsidiary
thereof, which is also a newspaper or online news publication and which
includes regular coverage of State, county, and local government.

����
"Paid online
content" means online news content available to paid subscribers through
the newspaper�s or online news publication�s Internet website, mobile
application, or other similar platform.

(cf: R.S.35:1-1)

���� 3.��� 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
]

the

publication
[
must
]

shall

meet and satisfy the following qualifications, namely:
[
said
]

the

newspaper
[
or
newspapers
]

shall be
[
entirely
printed
]

predominantly
in the English language
[
,
]
;
shall
be
[
printed
and
]

published within the State of New Jersey
[
,
]
;
shall
be a newspaper of general paid circulation
[
possessing
]
, the price
for which shall be more than nominal; shall contain
an average news content
of not less than
[
thirty-five
per centum (35%),
]

35 percent original, general news content;
shall have been published
continuously in the municipality where its publication office is
[
situate
]

located

for not less than two years
;
and shall have been entered for two years
as
[
second-class
]

periodical
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.��� A newspaper that
meets the qualifications for publication of official advertising set forth in
subsection a. of this section, and which continues to be published solely as a
print edition after the effective date of P.L.��� , c.���� (pending before the
Legislature as this bill), shall, in order to qualify to publish official
advertising, continue to satisfy the qualifications set forth in subsection a.
and also maintain an Internet website that is predominantly in the English
language, the homepage of which shall display a free, publicly-accessible
hyperlink to njpublicnotices.com, an Internet website maintained by the New
Jersey Press Association, on which the newspaper shall contemporaneously cause
to be published all official advertising published in the newspaper�s print
edition.

����
c.���� A newspaper that
meets the qualifications for publication of official advertising set forth in
subsection a. of this section and which, after the effective date of P.L.��� ,
c.����� (pending before the Legislature as this bill), publishes, in addition
to a print edition, paid online content, shall, in order to qualify to official
advertising, electronically publish all official advertising in the newspaper�s
paid online content.� The newspaper shall also maintain an Internet website, the
homepage of which shall display a free, publicly-accessible hyperlink to
njpublicnotices.com, an Internet website maintained by the New Jersey Press
Association, on which the newspaper shall contemporaneously cause to be
published all official advertising published in the newspaper�s paid online
content. �The newspaper may publish official advertising in its print edition.�

����
The newspaper shall also
satisfy, in addition to the requirements set forth in subsection a. of this
section, the following requirements: its Internet website and paid online
content shall be predominantly in the English language; its price for
subscriptions to paid online content shall be more than nominal; and its paid
online content shall contain an average of not less than 35 percent original,
general news content.

����
d.��� A news entity that,
on or after January 1, 2025, ceases to publish a print edition newspaper and
instead publishes an online news publication with paid online content, shall be
qualified to publish official advertising in its paid online content if the
previously published print edition newspaper met the qualifications for
publishing official advertising set forth in subsection a. of this section for
the two consecutive years immediately preceding the commencement of publication
solely online.� The online news publication shall maintain an Internet website
that is predominantly in the English language, the homepage of which shall
display a free, publicly-accessible hyperlink to njpublicnotices.com, an
Internet website maintained by the New Jersey Press Association, on which the
online news publication shall contemporaneously cause to be published all
official advertising published in the online news publication�s paid online
content.� The online news publication�s paid online content shall: be
predominantly in the English language; have more than a nominal number of paid
subscribers, who shall pay a subscription price that is more than nominal; and
contain an average of not less than 35 percent original, general news content. �The
online news publication shall also maintain a designated publication address.�

����
e.���� In order for an
online news publication, for which subsections a. through d. of this section do
not apply, to qualify to publish official advertising in its paid online
content, the online news publication shall maintain an Internet website that is
predominantly in the English language, the homepage of which shall display a
free, publicly-accessible hyperlink to njpublicnotices.com, an Internet website
maintained by the New Jersey Press Association, on which the online news
publication shall contemporaneously cause to be published all official
advertising published in the online news publication�s paid online content.�
The online news publication�s paid online content shall: be predominantly in
the English language; be updated with original, general news content at least
once a week; have more than a nominal number of paid subscribers, who shall pay
a subscription price that is more than nominal; and contain an average of not
less than 35 percent original, general news content. �The online news
publication shall maintain a designated publication address and employ
recognized standards of professional journalism. �The online news publication
shall satisfy all of the foregoing requirements in this subsection for at least
two consecutive years subsequent to the effective date of P.L.��� , c.���
(pending before the Legislature as this bill), and immediately preceding the
first publication of any official advertising and shall continue thereafter to
satisfy these requirements.

����
f.���� All official
advertising published on njpublicnotices.com shall be available to the public
free of charge.�

����
g.��� With the exception of
the requirement to display on its Internet website homepage a free,
publicly-accessible hyperlink to njpublicnotices.com, a newspaper or online
news publication shall not be required to publish, or be prohibited from
publishing on its Internet website, mobile application, or other similar
platform, any content that is also contained in its print newspaper or paid
online content. �Only material published in a print newspaper or paid online content
is to be considered in determining whether a newspaper or online news publication
is qualified to publish official advertising, as set forth in subsections a.
through e. of this section.

(cf: P.L.1953, c.411, s.1)

���� 4.��� 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
]

the
newspaper
[
or newspapers
must
]

shall
,
in addition to any other qualification now required by law, meet the following
qualifications, namely:
[
said
]

the

newspaper
[
or
newspapers
]

shall be
[
entirely
printed
]

predominantly
in the English language
[
,
]
;
shall
be
[
printed
and
]

published within the State of New Jersey
[
,
]
;
shall
be a newspaper of general paid circulation
[
possessing
]

, the
price for which shall be more than nominal; shall contain
an average
[
news content
]
of not less
than 35
[
%,
]

percent
original, general news content;
shall have been published continuously in
the municipality where its publication office is
[
situate
]
located
for not less than

[
2
]

two

years
;
and shall have been entered for
[
2
]

two

years as
[
second-class
]

periodical
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
]

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 or
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
]

six

months.

���� For the purposes of this
section and for the purpose of qualifying
[
for

legal
advertisements
]

to publish official advertising
generally, any newspaper which for not
less than
[
2
]

two

years shall have been continuously printed in a building located within two
municipalities and which for not less than
[
2
]

two

years shall have continuously maintained its editorial and business offices in
[
said
]

that

building shall be deemed to have been published continuously in each of
[
said
]

those

municipalities during that period and its publication office shall be deemed to
have been
[
situate
]

located

in each municipality during that period.

���� In the event any newspaper
which shall have been qualified to publish
[
legal
advertisements
]

official advertising
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
]

official advertising
which it was qualified to publish prior to moving
[
said
]

the

publication office for a period of
[
2
]

two

years after the date of the moving of its publication office or such period as
[
said
]

the

newspaper shall have the highest paid circulation of any newspaper within the
county or municipality which shall use
[
said
]

the

newspaper for
[
legal
advertisements
]

official advertising
.

����
b.��� A newspaper that
meets the qualifications for publication of official advertising pursuant to
subsection a. of this section, and which continues to be published solely as a
print edition after the effective date of P.L.��� , c.����� (pending before the
Legislature as this bill), shall, in order to qualify to publish official
advertising: continue to meet the qualifications set forth in subsection a. of
this section; and maintain an Internet website that is predominantly in the
English language, the homepage of which shall display a free,
publicly-accessible hyperlink to njpublicnotices.com, an Internet website
maintained by the New Jersey Press Association, on which the newspaper shall
contemporaneously cause to be published all official advertising published in
the newspaper�s print edition.� �

����
c.���� A newspaper that
meets the qualifications for publication of official advertising set forth in
subsection a. of this section and which, after the effective date of P.L.��� ,
c.����� (pending before the Legislature as this bill), publishes, in addition
to a print edition, paid online content, shall, in order to qualify to publish
official advertising, be required to publish all official advertisements in the
newspaper�s paid online content.� The newspaper shall also be required to
maintain an Internet website, the homepage of which shall display a free,
publicly-accessible hyperlink to njpublicnotices.com, an Internet website
maintained by the New Jersey Press Association, on which the newspaper shall
contemporaneously cause to be published all official advertising published in
the newspaper�s paid online content. The newspaper may publish official
advertising in its print edition.�

����
The newspaper shall also
satisfy, in addition to the requirements set forth in subsection a. of this
section, the following requirements: its Internet website and paid online
content shall be predominantly in the English language; its price for
subscriptions to paid online content shall be more than nominal; and its paid
online content shall contain an average of not less than 35 percent original,
general news content.

����
d.��� A news entity that,
on or after January 1, 2025, ceases to publish a print edition newspaper and
instead publishes an online news publication with paid online content, shall be
qualified to publish official advertising in its paid online content if the
previously published print edition newspaper met the qualifications for
publishing official advertising set forth in subsection a. of this section for
the two consecutive years immediately preceding the commencement of publication
solely online.� The online news publication shall maintain an Internet website
that is predominantly in the English language, the homepage of which shall
display a free, publicly-accessible hyperlink to njpublicnotices.com, an
Internet website maintained by the New Jersey Press Association, on which the
online news publication shall contemporaneously cause to be published all
official advertising published in the online news publication�s paid online
content.� The online news publication�s paid online content shall: be
predominantly in the English language; have more than a nominal number of paid
subscribers, who shall pay a subscription price that is more than nominal; and
contain an average of not less than 35 percent original, general news content. �The
online news publication shall also maintain a designated publication address.�

����
e.���� In order for an
online news publication, for which subsections a. through d. of this section do
not apply, to qualify to publish official advertising in its paid online
content, the online news publication shall maintain an Internet website that is
predominantly in the English language, the homepage of which shall display a
free, publicly-accessible hyperlink to njpublicnotices.com, an Internet website
maintained by the New Jersey Press Association, on which the online news
publication shall contemporaneously cause to be published all official
advertising published in the online news publication�s paid online content.� The
online news publication�s paid online content shall: be predominantly in the
English language; be updated with original, general news content at least once
a week; have more than a nominal number of paid subscribers, who shall pay a
subscription price that is more than nominal; and contain an average of not
less than 35 percent original, general news content.� The online news
publication shall maintain a designated publication address and employ
recognized standards of professional journalism.� The online news publication
shall satisfy all of the foregoing requirements in this subsection for at least
two consecutive years subsequent to the effective date of P.L.��� , c.���
(pending before the Legislature as this bill), and immediately preceding the
first publication of any official advertising, and shall continue thereafter to
satisfy these requirements.

����
f.���� All official
advertising published on njpublicnotices.com shall be available to the public
free of charge.�

����
g.��� With the exception of
the requirement to display on its Internet website homepage a free,
publicly-accessible hyperlink to njpublicnotices.com, a newspaper or online
news publication shall not be required to publish, or be prohibited from
publishing on its Internet website, mobile application, or other similar
platform, any content that is also contained in its print newspaper or paid
online content. �Only material published in a print newspaper or paid online content
is to be considered in determining whether a newspaper or online news publication
is qualified to publish official advertising, as set forth in subsections a.
through e. of this section.

(cf: P.L.1979, c.84, s.1)

���� 5.��� R.S.35:2-1 is amended to
read as follows:

���� 35:2-1.�������
a.�������� As
used in this section:

����
"Bona fide net paid
subscribers" means the cumulative total of unduplicated print and online
subscribers of any newspaper or online news publication.

����
"Character" means
an alphanumeric character and any punctuation or other character, all of which
have been requested by the advertiser, and shall not include letting, kerning,
or spacing unless additional letting, kerning, or spacing is ordered by the
advertiser at a cost agreed to in writing.

����
"Consumer Price
Index" means the Consumer Price Index for All Urban Consumers, New
York-Northern New Jersey-Long Island Metropolitan Area, All Items, as published
by the Bureau of Labor Statistics in the United States Department of Labor.� An
adjustment to the rates shall be made only if the percent change in the
Consumer Price Index for the previous calendar year is greater than zero and if
the percent change, when applied to the rate and rounded to the nearest whole
cent, provides for an increase of at least one-tenth of a cent. If the
reference base of the index is changed, the index used to determine the
Consumer Price Index shall be the index converted to the new base by standard
statistical methods.

����
b.
��� The price to be
paid for publishing
[
all
]

a
text-only notice of
official advertising
,
as defined in R.S. 35:1-1
,

in
[
newspapers
]

a
newspaper or an online news publication pursuant to R.S.35:1-2.1 and
R.S.35:1-2.2
shall be as follows:

���� In
[
newspapers published in the State
of New Jersey
]

a newspaper or an online news publication
having
[
a
]
bona fide net
paid
[
circulation
]

subscribers:

����
(1)
�� of up to
[
2,500 copies
]

10,000
,
the rate shall be
[
$0.25
per line
]

$0.030 per character
for each insertion;�
[
in the case of any newspaper
having a bona fide net paid circulation of not less than 2,500 copies nor more
than 5,000 copies,
]

����
(2)�� between 10,001 and
30,000,
the rate shall be
[
$0.31
per line
]

$0.035 per character
for each insertion;�
[
and in the case of any newspaper
having a bona fide net paid circulation of not less than 5,000 copies and not
more than 10,000 copies,
]

����
(3)�� between 30,001 and
50,000,
the rate shall be
[
$0.34
per line
]

$0.040

per

character for each
insertion;�
[
and
in the case of any newspaper having a bona fide net paid circulation of not
less than 10,000 copies and not more than 30,000 copies,
]
�

����
(4)�� between 50,001 and
100,000,
the rate shall be
[
$0.35
per line
]

$0.045
per
character for each
insertion; and
[
in the case of
any newspaper having a bona fide net paid circulation of not less than 30,000
and not more than 45,000 copies,
]

����
(5)�� in excess of 100,000,

the rate shall be
[
$0.36
per line
]

$0.050
per
character for each
insertion
[
;� and in the
case of any� newspaper having a bona fide net paid circulation of not less than
45,000 copies and not more than 60,000 copies, the rate shall be $0.38 per line
per insertion;� and in the case of any newspaper having a bona fide net paid
circulation of not less than 60,000 copies and not more than 75,000 copies,
the� rate shall be $0.44 per line per insertion;� and in the case of any
newspaper� having bona fide net paid circulation of not less than 75,000 copies
and of� more than 100,000 copies, the rate shall be $0.60 per line per
insertion;� and� in the case of any newspaper having a bona fide net paid
circulation of not� less than 100,000 copies, and not more than 125,000 copies,
the rate shall be $0.66 per line per insertion;� and in the case of any
newspaper having a bona� fide net paid circulation of not less than 125,000
copies, and not more than� 150,000, the rate shall be $0.72 per line per
insertion;� and in the case of� any newspaper having a bona fide net paid
circulation of not less than 150,000� copies and not more than 200,000 copies,
the rate shall be $0.82 per line per� insertion;� and in the case of newspapers
having a bona fide net paid� circulation of not less than 200,000 copies and
not more than 300,000 copies,� the rate shall be $0.91 per line per insertion;�
and in the case of any� newspaper having a bona fide net paid circulation in
excess of 300,000 copies the rate shall be $1.00 per line per insertion; but
before any
]
.

����
Before a
newspaper
[
can
]

or an
online news publication may
charge the foregoing rates, the publisher or
business manager of
[
such
]

the

newspaper
[
must
]

or online
news publication shall
file with the properly authorized officer of
[
every
]

the

municipality, county or governing body, placing official advertising in
[
such
]

the

newspaper
or online news publication
, an affidavit setting forth the
average
number of bona fide
net paid
[
circulation
]

subscribers

of
[
such
]

the

newspaper
or online news publication
for the 12-month period ending
September 30 next preceding and the rate to be charged� for official
advertising, which in no case shall be in excess of, or below, the rates
provided in the foregoing schedule.

����
[
Lines shall be calculated upon
the basis of the space that a 6 point line, 8 picas wide would occupy.
]

����
c.���� The price to be paid
for publishing a tabular or prebuilt official advertisement, as defined in
R.S.35:1-1, in a newspaper or an online news publication shall be as follows:

����
In a newspaper or an online
news publication having a number of bona fide net paid subscribers:

����
(1) of up to 10,000, the
rate shall be $3.50 per square inch for each insertion;�

����
(2)�� between 10,001 and
30,000, the rate shall be $3.70 per square inch for each insertion;

����
(3)�� between 30,001 and
50,000, the rate shall be $3.90 per square inch for each insertion;�

����
(4)� between 50,001 and
100,000, the rate shall be $4.10 per square inch for each insertion; and

����
(5)� in excess of 100,000,
the rate shall be $4.30 per square inch for each insertion.

����
The rates set forth in this
subsection shall be based on six-point type and six-point font.� If the
official advertisement is set in larger type or font, the rate shall be
prorated.� Regardless of the size of type in which the official advertisement
is set, the rates specified in this subsection are based on a printable space
of one-inch-high and one-inch-wide column.� If the page width is either wider
or narrower for a single column, the rate per column shall be prorated.

����
d.��� The State Treasurer,
no later than April 1st of each year commencing in the year in which P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill), is enacted,
shall adjust the rates set forth in this section in direct proportion to the
percent change in the Consumer Price Index during the previous calendar year. �This
adjustment shall become effective on July 1st of each year.

����
e.���� If the price
calculated for publishing an official advertisement pursuant to this section
does not end in a whole cent, the newspaper or online news publication shall
round the amount calculated to the nearest whole cent which shall be the amount
due to be paid for the publication.

(cf: P.L.1983, c.117, s.1)

���� 6.��� R.S.40:53-1 is amended
to read as follows:

���� 40:53-1.����� The governing
body of
[
every
]

a

municipality may designate an official newspaper or
[
newspapers
]

online
news publication, as set forth in R.S.35:1-2.2,
for the publication of all
advertisements and notices required by law to be published by the municipality.

(cf: R.S.40:53-1)

���� 7.��� R.S.40:53-2 is amended
to read as follows:

���� 40:53-2.����� a.
[
All ordinances
or other public notices which any municipality, except cities, may be required
by any
]
�

A municipality, other than a city, shall publish each official advertisement
that it is required by
law to publish, where the manner of publication is
not otherwise specifically provided for,
[
shall
]
until March
1, 2026
[
be
published
]

either in at least one newspaper
[
published
and circulating in the municipality, and if there be no such newspaper, then in
at least one newspaper published in the county in which the municipality is
located and circulating in the municipality or consistent with section 2 of
P.L.2025, c.72 (C.35:3-2)
]

or online news publication that satisfies the applicable
requirements set forth in R.S.35:1-2.2, so long as the newspaper or online news
publication regularly covers that municipality, including publication of news
content created or produced by, or on behalf of, a newspaper or online news
publication, or any parent, affiliate, or subsidiary thereof, which is also a
newspaper or online news publication, about local government, the school board,
and local sports and other local events, and which has provided regular
coverage for a period of not less than two consecutive years immediately
preceding the publication of its first official advertisement under this
subsection.�

���� b.�
[
After March 1, 2026, all
ordinances or other public notices which any municipality, except cities, may
be required by any law to publish, where the manner of publication is not
otherwise specifically provided for, shall be published consistent with section
2 of P.L.2025, c.72 (C.35:3-2).
]

(Deleted by amendment, P.L.���� , c.��� ) (pending before the Legislature as
this bill)

����
c.���� If there is no
newspaper or online news publication that meets the requirements of subsection
a. of this section, then the municipality shall publish each official
advertisement that it is required to publish in at least one newspaper

or
online news publication that meets the applicable requirements set forth in
R.S.35:1-2.2, so long as the newspaper or online news publication maintains its
designated publication address within the county in which the municipality is
located for a period of not less than two consecutive years immediately
preceding the publication of its first official advertisement under this
subsection.

����
d.��� If there is no newspaper
or online news publication that meets the requirements of subsections a. or c.
of this section, then the municipality shall publish each official
advertisement that it is required to publish in at least one newspaper or
online news publication that meets the applicable requirements set forth in
R.S. 35:1-2.2.

(cf: P.L.2025, c.72, s.6)

���� 8.��� This act shall take
effect immediately.

STATEMENT

���� Under current law, public
bodies are required to provide notice to newspapers 48 hours prior to holding a
meeting to conduct official business, under certain circumstances.� This bill
amends the definition of "adequate notice" for a public meeting to
allow public bodies to satisfy their meeting notice requirements by publishing
the notice in newspapers that are published in part or in whole electronically
via the Internet and on online news publications.�

���� This bill also amends the
definition of "newspaper" for the publication of all official notices
and advertisements to allow the State or local bodies to publish in qualified
or previously qualified newspapers that are now published electronically on the
Internet and on online news publications.

���� The bill also adds definitions
for "designated publication address," "news,"
"original, general news content," and "paid online
content." The bill, further, amends and expands the definition of
"official advertising," and applies the definition to other related
terms as specified in the bill.

���� In cases where there is no
qualified newspaper or online news publication, the State or local body
(excluding a city) may publish� each official advertisement that it is required
to publish in at least one newspaper or online news publication that meets the
requirements set forth in R.S.35:1-2.2, so long as the newspaper or online news
publication maintains its designated publication address within the county in
which the municipality is located for a period of not less than two consecutive
years immediately preceding publication of its first official advertisement.

���� The bill establishes rates for
publishing official advertising for newspapers and online news publications
based on the number of bona fide net paid subscribers.