For the most part, California public notice law has not been changed or altered since its inception in 1943. In that time, “newspapers” have seen a dramatic decline in subscribers, readership and circulation as the Citizens of California are finding their news on the internet; on social media, on newspaper or broadcaster websites, or on hyperlocal news and information sites which serve the communities relevant to the legal notices. Many of the definitions which were codified in 1943 do not apply to digital media. Where publication is defined by installments, daily or weekly, modern day websites are in publication and available continuously, as an example.
The shift to online news has even affected broadcast news. For example, the CNN cable news network reaches 91 million viewers in the US, annually. The CNN news website, CNN.COM, reaches 200 million visitors each month.
Just last week, The Sacramento Bee laid off many of its writing and producing staff. Circulation of it’s daily newspaper product has fallen precipitously as the public moves it’s attention to the more easily, highly accessible internet. Today’s readers are not limited to the once-daily (or weekly) newspaper, receiving information which is often eight hours old by the time it’s collected, collated, printed and distributed. Today’s readers are reading news as it’s collected and published online, on their smartphones, tablets, computers and digital voice assistants.
It’s time to change the California code to provide digital accessibility to the publishers and readers of critical public notices.
John Todd
Publisher
RioLindaOnline.com
These are the relevant sections of California Code.
GOVERNMENT CODE – GOV
TITLE 1. GENERAL [100 – 7914]
( Title 1 enacted by Stats. 1943, Ch. 134. )
DIVISION 7. MISCELLANEOUS [6000 – 7599.2]
( Division 7 enacted by Stats. 1943, Ch. 134. )
CHAPTER 1. Publications and Official Advertising [6000 – 6078]
( Chapter 1 enacted by Stats. 1943, Ch. 134. )
ARTICLE 1. General [6000 – 6008]
( Article 1 enacted by Stats. 1943, Ch. 134. )
6008.
(a) Notwithstanding any provision of law to the contrary, a newspaper is a “newspaper of general circulation” if it meets all of the following criteria:
(1) It is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers and has been established and published at regular intervals of not less than weekly in the city, district, or public notice district for which it is seeking adjudication for at least three years preceding the date of adjudication.
(2) It has a substantial distribution to paid subscribers in the city, district, or public notice district in which it is seeking adjudication.
(3) It has maintained a minimum coverage of local or telegraphic news and intelligence of a general character of not less than 25 percent of its total inches during each year of the three-year period.
(4) It has only one principal office of publication and that office is in the city, district, or public notice district for which it is seeking adjudication.
(b) For the purposes of Section 6020, a newspaper meeting the criteria of this section which desires to have its standing as a newspaper of general circulation ascertained and established, may, by its publisher, manager, editor, or attorney, file a verified petition in the superior court of the county in which it is established and published.
(c) As used in this section:
(1) “Established” means in existence under a specified name during the whole of the three-year period, except that a modification of name in accordance with Section 6024, where the modification of name does not substantially change the identity of the newspaper, shall not affect the status of the newspaper for the purposes of this definition.
(2) “Published” means issued from the place where the newspaper is sold to or circulated among the people and its subscribers during the whole of the three-year period.
(3) “Public notice district” means a public notice district described in Chapter 1.1 (commencing with Section 6080).
(Amended by Stats. 2016, Ch. 703, Sec. 12. (AB 2881) Effective January 1, 2017.)
GOVERNMENT CODE – GOV
TITLE 1. GENERAL [100 – 7914]
( Title 1 enacted by Stats. 1943, Ch. 134. )
DIVISION 7. MISCELLANEOUS [6000 – 7599.2]
( Division 7 enacted by Stats. 1943, Ch. 134. )
CHAPTER 1. Publications and Official Advertising [6000 – 6078]
( Chapter 1 enacted by Stats. 1943, Ch. 134. )
ARTICLE 2. Establishing Standing as Newspaper of General Circulation [6020 – 6027]
( Article 2 enacted by Stats. 1943, Ch. 134. )
6020.
Whenever a newspaper desires to have its standing as a newspaper of general circulation ascertained and established, it may, by its publisher, manager, editor or attorney, file a verified petition in the superior court of the county in which it is established, printed and published, setting forth the facts which justify such action.
(Enacted by Stats. 1943, Ch. 134.)
6021.
The petition or the substance thereof, together with a notice that the petitioner intends on a named day to apply for an order declaring it to be a newspaper of general circulation, shall be published pursuant to Section 6062:
(a) In the petitioning newspaper, and
(b) In some other newspaper of general circulation published in the same city as the petitioning newspaper if there is one, and if there is none, or if publication in such newspaper is refused, then in some other newspaper of general circulation published in the same county, if there is one, and if there is none, or if publication in such newspaper is refused, then, in lieu thereof, in some other newspaper of general circulation published in an adjacent county or in such other newspaper as the court shall direct.
(Amended by Stats. 1959, Ch. 1279.)
6022.
Upon proof of the publication of the petition and notice, the court shall set the petition for hearing. Any person may appear and contest the petition either prior to or on the day set for the hearing or the day to which it is continued.
(Enacted by Stats. 1943, Ch. 134.)
6023.
The court shall hear the proofs of the petitioner and contestant, if there be any. Within 10 days thereafter it shall render its decision and judgment and the clerk shall enter it in the records of the court.
(Enacted by Stats. 1943, Ch. 134.)
6024.
(1) The decision and judgment may be vacated, modified or set aside by the court on its own motion, or on the motion of any person, whether a party to the original proceeding or not upon:
(a) A verified statement of facts being made to the court.
(b) Ten days’ notice to the petitioner.
(c) A satisfactory showing made to the court that the newspaper has ceased to be a newspaper of general circulation.
(2) The decision and judgment may be modified by the court on its own motion, or on the motion of any person interested, whether a party to the original proceeding or not, upon a similar verified statement and the same notice and a satisfactory showing made to the court that the newspaper has modified its name without any substantial change in its character or identity as a newspaper of general circulation.
(Amended by Stats. 1953, Ch. 1295.)
6025.
All publications made in a newspaper during the period it was adjudged to be a newspaper of general circulation are valid and sufficient.
(Enacted by Stats. 1943, Ch. 134.)
6026.
An appeal may be taken to the supreme court from any final decision or judgment, or from any final order vacating, modifying or setting aside a decision or judgment previously entered.
(Enacted by Stats. 1943, Ch. 134.)
6027.
On and after July 1, 1952, a newspaper shall not be in fact or in law a newspaper of general circulation unless it obtains or has theretofore obtained a judicial decree establishing it as having such status pursuant to the provisions of this article.
(Amended by Stats. 1951, Ch. 1045.)
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