California Legislature—2013–14 Regular Session

Assembly BillNo. 642


Introduced by Assembly Member Rendon

February 20, 2013


An act to add Section 6009 to the Government Code, relating to notice by publication.

LEGISLATIVE COUNSEL’S DIGEST

AB 642, as introduced, Rendon. Publication: newspaper of general circulation: Internet Web site.

Existing law requires that various types of notices are provided in a newspaper of general circulation. Existing law requires a newspaper of general circulation to meet certain criteria, including, among others, that it be published and have a substantial distribution to paid subscribers in the city, district, or judicial district in which it is seeking adjudication.

This bill would provide that a newspaper that is available on an Internet Web site may also qualify as a newspaper of general circulation, provided that newspaper meets certain criteria.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 6009 is added to the Government Code,
2to read:

3

6009.  

(a) Notwithstanding any other law, a newspaper that is
4available on an Internet Web site is a “newspaper of general
5circulation” if it meets the following criteria:

P2    1(1) It provides local, national, or international news and
2intelligence of a general character on its Internet Web site.

3(2) It has been established and updated at regular intervals of
4not less than weekly for at least one year prior to the date of
5adjudication.

6(3) It has a substantial regular readership in the city, district, or
7judicial district in which the newspaper is seeking adjudication
8pursuant to subdivision (b).

9(4) It maintains editorial or reporting staff within the city,
10district, or judicial district in which the newspaper is seeking
11adjudication pursuant to subdivision (b).

12(5) It has maintained a minimum coverage of local, national, or
13international news and intelligence of a general character on at
14least 25 percent of the space available on the homepage of the
15Internet Web site of the newspaper.

16(6) It provides a link to public notices published in the
17newspaper on the homepage of the Internet Web site of the
18newspaper that is readily accessible to any person visiting that
19Internet Web site; it engages in search engine optimization efforts
20to ensure that the subject matter of the notices is searchable to
21users of the three largest Internet search engines as measured by
22current market share at the time notice is published and that links
23to the notices are included in search results displayed to users of
24Internet search engines; and that it archives public notices for a
25period of one year after the last date on which each notice is
26published to ensure that the notice remains accessible to readers
27of the newspaper and searchable to users of search engines.

28(b) For the purposes of Section 6020, a newspaper meeting the
29criteria of this section, that desires to have its standing as a
30newspaper of general circulation ascertained and established, may,
31by its publisher, manager, editor, or attorney, file a verified petition
32in the superior court of the county in which it is established.

33(c) For purposes of this section, “established” means in existence
34under a specified name during the whole one-year period and the
35city, district, or judicial district where the newspaper has a
36substantial regular readership and where it maintains editorial or
37reporting staff. A modification of name in accordance with Section
386024, which does not substantially change the identity of the
P3    1newspaper, shall not affect the status of the newspaper for the
2purposes of this definition.



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