2022 -- H 7311

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LC003949

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- MODERNIZATION OF

PUBLICATION OF LEGAL NOTICES, ADVERTISEMENTS AND OTHER WRITTEN

MATTERS

     Introduced By: Representative Thomas E. Noret

     Date Introduced: February 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

GOVERNMENT" is hereby amended by adding thereto the following chapter:

CHAPTER 8.3

MODERNIZATION OF PUBLICATION OF LEGAL NOTICES, ADVERTISEMENTS AND

OTHER WRITTEN MATTERS

     42-8.3-1. Purpose.

     The purpose of this chapter is to modernize the publication of legal notices and

advertisements within the state and expand the public's access to such publications, in order that

publication or posting in accordance with this chapter shall substitute and satisfy the requirements

for the publication of any statutorily-required notice, advertisement, or other written matter in a

newspaper.

     42-8.3-2. Definitions.

     As used in this chapter:

     (1) "Official website" means the official Internet website that is maintained by the secretary

of state and established in accordance with the rules and regulations promulgated in accordance

with § 42-8.3-5.

     (2) "Person" means any individual, corporation, partnership, association, legal entity,

municipality, or public body. The term "person" shall also mean any authorized employee or agent

of any such individual, corporation, partnership, association, legal entity, municipality, or public

body.

     (3) "Secretary" means the secretary of state.

     42-8.3-3. Official website for publication of legal notice.

     (a) On January 1, 2023, and thereafter, notwithstanding any provision of the general or

public laws to the contrary, any notice, advertisement, or other written matter required by state law

to be published by a person, business, or nongovernmental entity in a newspaper shall be satisfied

by publication or posting on the secretary of state's official website and publication in any local

newspaper which is published and circulated weekly in the city or town in which the matter is to

be acted upon and where the property, if any, subject to the notice is located.

     (b) On January 1, 2023, and thereafter, with respect to state purchases, notwithstanding any

provision of the general or public laws to the contrary, any notice, advertisement, or other written

matter required by state law to be published in a newspaper shall be satisfied by publication or

posting of notice on the secretary of state's official website and the website for the department of

administration, to include, but not be limited to, invitations for bids for state purchases.

     (c) On January 1, 2023, and thereafter, with respect to all state notices, including, but not

limited to, unclaimed property, licenses, and property, notwithstanding any provision of the general

or public laws to the contrary, any notice, advertisement, or other written matter required by state

law to be published in a newspaper shall be satisfied by publication or posting on the secretary of

state's official website and the website of the posting state department, division or office.

     (d) On January 1, 2023, and thereafter, notwithstanding any provision of the general or

public laws to the contrary, any notice, advertisement or other matter required by state law to be

published in a newspaper by a municipality for municipal and local public hearings on any and all

municipal and local matters to include, but not be limited to, zoning matters, and invitations to bid

shall be satisfied by publication or posting on the secretary of state's official website, the

municipality's website and by publication in any local newspaper which is published and circulated

weekly in the municipality in which the matter is to be acted upon.

     (e) On January 1, 2023, and thereafter, notwithstanding any provision of the general or

public laws to the contrary, in all probate matters any notice required by newspaper publication

shall be satisfied by publication or posting in compliance with subsection (d) of this section.

Nothing in this section shall be construed as amending or cancelling any personal notice

requirements related to any probate matter.

     42-8.3-4. Costs.

     There shall be no cost associated with the publication or posting of any notice,

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advertisement, or other written matter on the official website.

     42-8.3-5. Rules and Regulations.

     (a) No later than one hundred twenty (120) days after the effective date of this chapter, the

secretary of state shall promulgate rules and regulations to implement the provisions of this chapter.

     (b) Such rules and regulations shall include:

     (1) The ability to search the official website by statutory cite, keyword, and date of

publication or posting;

     (2) A mechanism by which the official website can send a subscribing person email

notifications, including a choice of how often to receive such notifications and the option to

terminate such notifications;

     (3) A mechanism by which a person can submit a notice, advertisement, or other written

matter for publication or posting on the official website; and

     (4) A mechanism that prohibits the unauthorized alteration or manipulation of any original

notice, advertisement, or other written matter on the official website.

     SECTION 2. This act shall take effect upon passage; provided, however, that the notice

provisions for the official website shall become operative on January 1, 2023.

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LC003949

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- MODERNIZATION OF

PUBLICATION OF LEGAL NOTICES, ADVERTISEMENTS AND OTHER WRITTEN

MATTERS

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     This act would allow the publication of legal notices on the secretary of state's official

website, and a corresponding local newspaper which would satisfy the requirements for the

publication of any statutorily-required notice, advertisement, or other written matter in a

newspaper.

     This act would take effect upon passage; provided, however, that the notice provisions for

the official website would become operative on January 1, 2023.

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LC003949

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