RESOLUTION 2004-9

LEGAL NOTICE ADVERTISING

It is the intent of the Montana Association of Counties to support legislation to eliminate the requirement that legal notices be advertised only in newspapers with paid circulation and periodical mailing permits.

WHEREAS, The Montana Association of Counties seeks to encourage the efficient use of taxes paid by citizens of Montana; and

WHEREAS, the publication of legal notices as required by Montana Code represents a significant cost to county governments; and

WHEREAS, the requirements of MCA 7-1-2121(2)(a) to publish legal notices in a newspaper of paid circulation with a periodical mailing permit typically forces all legal notices to be placed exclusively in a single local newspaper of paid circulation; and

WHEREAS, the requirement to publish legal notices in a newspaper of paid circulation often prevents county governments from obtaining competitive pricing from their local newspapers; and

WHEREAS, several reputable newspapers of unpaid general circulation are currently published and circulated in various Montana communities, including Missoula, Billings, Butte, and Helena; and

WHEREAS, these reputable newspapers of unpaid general circulation satisfy the requirements of Montana Code related to the publication of notices placed by private parties for a wide variety of legal purposes, such as issuing a summons or providing notice to creditors; and

WHEREAS, the state law requiring Montana’s counties to place legal notices exclusively in paid circulation newspapers with periodical mailing permits provides no meaningful benefit to either the government or the citizens; and

WHEREAS, Montana’s counties could realize a substantial savings by having newspapers compete for the opportunity to publish the county government’s legal notices.

NOW, THEREFORE, BE IT RESOLVED, that the Montana Association of Counties will support legislation revising Montana Code section 7-1-2121 to eliminate the requirement that county governments must place legal notices exclusively in newspapers of paid circulation with periodical mailing permits.

SPONSOR: MACo Districts 10 and 11

RECOMMENDATION: Do Pass

PRIORITY: High

REFERRED TO: MACo Resolutions Committee

ADOPTED: