Publication requirements for legal notices.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0189

HOUSE BILL
NO.
HB0037

Publication requirements for legal notices.

Sponsored by:
Representative(s) Gingery and Olsen and Senator(s) Larson

A BILL

for

AN ACT relating to
publication of legal notices by local governmental entities;

providing requirements for publication; conforming related provisions; providing a definition;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 16
‑
12
‑
101 through 16
‑
12
‑
104 are created to read:

ARTICLE 12
LEGAL PUBLICATION REQUIREMENTS

16
‑
12
‑
101.

Local government publication of notice
s
; proof of publication.

(a)

Unless otherwise specifically provided, whenever a local government unit is required to give notice by publication, the following applies:

(i)

Publication shall be in a newspaper meeting the qualifications of this section, except that in a county where no newspaper meets these qualifications, publication shall be made in a qualified newspaper in an adjacent county. If there is no qualified newspaper in an adjacent county, publication shall be made by posting the notice in three (3) public places in the county, designated by resolution of the governing body;

(ii)

The newspaper shall be:

(A)

Of general circulation;

(B)

Published at least once a week; and

(C)

Published in the county where the hearing or other action will take place.

(iii)

A newspaper of general circulation does not include a newsletter or other document produced or published by the local government unit;

(iv)

In the case of a contract award, the newspaper shall have been published continuously in the county for the twelve (12) months preceding the awarding of the contract;

(v)

If a person is required by law or ordinance to pay for publication, the payment shall be received before the publication may be made;

(vi)

The notice shall be published twice, with at least six (6) days separating each publication;

(vii)

The published notice shall contain:

(A)

The date, time and place of the hearing or other action;

(B)

A brief statement of the action to be taken;

(C)

The address and telephone number of the person who may be contacted for further information on the action to be taken; and

(D)

Any other information required by the specific statute requiring notice by publication.

(viii)

Proof of the publication or posting of any notice may be made by affidavit of the owner, publisher, printer or clerk of the newspaper or of the person posting the notice.

(b)

As used in W.S. 16
‑
12
‑
101 through 16
‑
12
‑
104 "local government" includes any city, town, county, joint powers board, school district, community college district, special district or any other local governmental entity.

16
‑
12
‑
102.

Supplemental notice by radio or television.

(a)

Any local government official who is required by law to publish any notice
may supplement the publication by a radio or television broadcast of a summary of the notice or by both types of broadcast when in the official's judgment the public interest will be served.

(b)

The summary of the notice shall not refer by name to any person who is then a candidate for political office.

(c)

Announcements under this section shall be made only by duly employed personnel of the station from which the broadcast emanates.

(d)

Announcements by local governments may be made only by stations situated within the county of origin of the legal notice unless no broadcast station exists in the county, in which case announcements may be made by a station or stations situated in any county other than the county of origin of the legal notice.

16
‑
12
‑
103.

Period for which copy retained.

Each radio or television station broadcasting any summary of a legal notice shall retain at its office a copy or transcription of the text of the summary as actually broadcast

for a period of six (6) months subsequent to the broadcast, which
copy or
transcript shall be available for public inspection.

16
‑
12
‑
104.

Proof of publication by broadcast.

Proof of publication of a summary of any notice by radio or television broadcast shall be by affidavit of the manager, an assistant manager or a program director of the radio or television station broadcasting the summary.

Section 2.
W.S. 15
‑
1
‑
110(a)
and
by creating a new subsection (e), 15
‑
1
‑
116(a)
and

by creating a new subsection (e)
and 18
‑
3
‑
517
are amended to read:

15
‑
1
‑
110.

Minutes of meetings and titles of ordinances passed to be published; exception; contents; publication of names, salaries and wages of specified officials and employees; "department head" defined.

(a)

The governing body of any city or town shall designate a
newspaper published within the city or town as its
legal newspaper and publish once therein the minutes of all regular and special meetings of the governing body and the titles of all ordinances passed. If a newspaper is not published in the city or town the proceedings or ordinances shall be posted for at least ten (10) days in the city or town clerk's office and in such other places as the governing body determines. The clerk of each city or town shall within twelve (12) days after adjournment of every meeting, furnish the newspaper a copy of the proceedings of the meeting. Except for salaries and wages published under subsection (b) of this section, the copy shall include any bill presented to the governing body stating the amount of the bill, the amount allowed, the purpose of the bill and the claimant. Claims for part
-
time employees may be summarized by department without listing each part
-
time employee. The newspaper shall publish the copy of proceedings within nine (9) days after receipt.

(e)

Subject to subsection (a) of this section, the provisions of W.S. 16
‑
12
‑
101 through 16
‑
12
‑
104 shall apply to publications required by this section.

15
‑
1
‑
116.

Ordinances; publication required; exception; attestation; recodification or revision.

(a)

Every ordinance before becoming effective shall be published at least once in
a
the legal
newspaper
of general circulation, which maintains a physical office at which advertisements are accepted and which is open to the public during regularly set business hours within the boundaries of
designated by
the city or town
pursuant to W.S. 15
‑
1
‑
110(a)
. The newspaper shall publish the ordinance within nine (9) days from the date of receipt. If there is no such newspaper, the ordinance shall be posted for at least ten (10) days in the city clerk's office and in such other places as the governing body determines. Emergency ordinances are effective upon proclamation of the mayor, and as soon thereafter as is practicable they shall be published and posted in the manner required of other ordinances.

(e)

Subject to subsection (a) of this section, the provisions of W.S. 16
‑
12
‑
101 through 16
‑
12
‑
104 shall apply to publications required by this section.

18
‑
3
‑
517.

Legal publications; d
esignation of official paper.

(a)

The provisions of W.S. 16
‑
12
‑
101 through 16
‑
12
‑
104 shall apply to the publication by a county of minutes of proceedings and any legal notice, printing or advertising required by law.

(b)

When there is more than one (1) paper published in any county the board of county commissioners shall designate which one is the official paper of the county.

Section 3.
W.S. 18
‑
3
‑
518 and 18
‑
3
‑
519 are repealed.

Section 4.
This act is effect
ive July 1, 2007.

(END)

1
HB0037