(House Bill 1075)
An Act to modify legal and official notice publication requirements.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 17-2-1 be AMENDED:
All legal and
other official notices
published in a legal newspaper as defined
When any legal notice is required by law to be published in any
newspaper, the newspaper publishing the notice shall place the notice
on a statewide website, established and maintained as a repository
for such notices by an organization representing a majority of South
newspaper shall include a prominent link to the statewide website on
the newspaper's website homepage or post all public notices to the
newspaper's website in a manner that is accessible and free to the
public, if the newspaper maintains a website. The affidavit
must state that
newspaper is a
legal newspaper ,
is prima facie
evidence of that fact ;
must state in
plain terms the fees charged
Section 2. That § 17-2-2.1 be AMENDED:
17-2-2.1. No publication is a legal newspaper for publishing legal and other official notices unless, for at least one year prior to publication of such notices, the publication is printed in the English language and contains at least four pages per issue, with at least one hundred twenty square inches of printed matter per page; and if the publication is a daily, is distributed in either a printed or electronic format, or both, at least five days each week, or if not a daily, is distributed in either a printed or electronic format, or both, at least once each week for at least fifty weeks each year. In any week in which there is a legal holiday, no more than four issues of a daily newspaper are necessary.
Section 3. That § 17-2-2.4 be AMENDED:
A legal newspaper
shall, for at least one year prior to publication of legal and
official notices, maintain a known office of publication in the
community where its mailing permit
of original entry is issued, for the purpose of gathering news,
soliciting advertising, and conducting general newspaper business
for at least eight normal business hours per week.
or ",published ",
mean that the newspaper is published where it maintains its known
office of publication as described in this section ,
but no .
may have more than one place where it is published at the same time.
Section 4. That § 17-2-28 be AMENDED:
If the publication
of any notice, minutes, bids, document, or other information is
required by law by the state or any municipality, county, or school
district, the public notice
an inscription listing
inscriptions that list
the approximate cost of the newspaper publication
and that the notice may be viewed free of charge on a statewide
public notice website maintained pursuant to § 17-2-1.
be printed at the top or bottom of the public notice and in the same
type size as the body of the public notice.
Signed February 17, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.