TITLE 60

PUBLIC PRINTING AND OFFICIAL NOTICES

CHAPTER 1

CONTRACTS FOR PRINTING — PUBLICATION OF NOTICES

60-106A.  Electronic publication of legal notices by newspapers. (1) In addition to the newspaper publication required by section 60-106, Idaho Code, legal notices, advertisements or publications of any kind required or provided by the laws of the state of Idaho to be published in a newspaper may also be electronically published by any newspaper. An electronically published legal notice, advertisement or publication shall have the same legal effect as a legal notice, advertisement or publication that is published in a newspaper.

(2)  The following definitions apply to this section:

(a)  "Electronically published" means the printing and disseminating of legal notices, advertisements or publications through the use of messaging.

(b)  "Messaging" means the use of interconnected electronic networks that automatically transmit data from one (1) computer to another.

(3)  The following provisions apply to this section:

(a)  Electronic publication may be made:

(i)   By newspapers having electronic publication capability. Nothing in this section shall be construed to require a newspaper to develop and maintain an electronic publication capability; or

(ii)  On a public legal notice website established by the combined efforts of Idaho newspapers that collectively distribute newspapers to the majority of newspaper subscribers in Idaho.

(b)  Newspapers may not charge an additional rate for electronic publication. Rates for such electronic publication shall be included in the rates for official notices as provided for in section 60-105, Idaho Code.

(c)  Any party placing a legally required public notice in electronic form should, to the greatest extent practicable, provide in such notices the messaging address of the newspaper and, if applicable, that of the person or governmental agency requiring such notice to be published.

(4)  In the case of any governmental entity required or permitted under the laws of the state of Idaho to publish legal notices or publications in a newspaper, the date of electronic publication may be used to satisfy commencement of publication requirements, as long as the required legal notice, advertisement, or publication appears in the next available edition of the printed newspaper or as otherwise required by law.

(5)  If the state of Idaho or any political subdivision thereof properly submits a legal notice, advertisement, or publication to a newspaper for publishing and such governmental entity has otherwise met all statutory publication requirements and deadlines, it shall not be liable for failing to comply with publication deadlines provided by law or administrative rule in the event that a newspaper fails to correctly publish such legal notice, advertisement, or publication. The electronic publication may be used in conjunction with any publication method the governmental entity determines in good faith is feasible to meet the notice requirements.

History:

[60-106A, added 1999, ch. 281, sec. 3, p. 703; am. 2023, ch. 49, sec. 1, p. 195.]