Concerning unpaid online access to public notices published in legal newspapers.
Summary
HB 26-1095 changes how legal notices may be published in Colorado when state law requires publication in a newspaper. Under current law, counties and municipalities must publish legal notices in a physical print newspaper. This bill gives those local governments discretion to satisfy that requirement by having the notice made available online on the newspaper’s website instead of, or in addition to, print publication.
The bill requires that any online version of the notice be free to access. A newspaper may not place the notice behind a paywall or require a print or digital subscription to view it. The bill is satisfied either by posting the full text of the notice on the newspaper’s website or by linking to a location where the full text is available, including the statewide public notice website. The act takes effect after the standard referendum period unless challenged and approved by voters.
Impact
The bill amends Colorado Revised Statutes section 24-70-103, adding a new requirement that legal newspapers make required public notices available on their websites without charge. It expands the permissible method of publication for county and municipal legal notices by allowing online access to substitute for or supplement print publication, while preserving the underlying legal notice requirement. The practical effect is to shift some public-notice compliance from print circulation to free digital access, affecting counties, municipalities, newspapers, and members of the public who rely on notice publication.
Sentiment
The available context suggests the bill was generally procedural and administrative rather than highly partisan, with no recorded committee transcript or vote details indicating major opposition. Its final status as signed by the governor suggests it received sufficient support to advance through the legislative process. The bill’s framing around free public access to notices indicates an intent to modernize notice publication while maintaining public availability.
Contention
The main point of potential contention is the shift away from mandatory print publication toward online publication, which may concern newspapers that rely on legal notice revenue and stakeholders who view print publication as a more traditional or reliable form of notice. Another possible issue is whether online posting alone provides adequate public access, especially for residents without reliable internet access. Supporters are likely to emphasize lower costs, broader accessibility, and alignment with current media practices, while critics may focus on preservation of print notice standards and the financial impact on local newspapers.