AB 2323: Publication: newspapers of general circulation.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2026-08-20
Current Status:
Passed
(2026-08-20: Chaptered by Secretary of State - Chapter 113, Statutes of 2026.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
What does this bill do?
The bill requires newspapers to publish any public notice the law requires both in their print edition and on their website, affecting newspapers and people who rely on public notices. Newspapers may not charge a separate fee to view those online notices or to post them online, though they can still charge for other online content. If a website error or temporary outage prevents the online notice from appearing but the print notice is correct, that online problem won’t count as a publication error.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires various types of notices to be provided in a newspaper of general circulation, as that term is defined, in accordance with certain prescribed publication periods and legal requirements. Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bona fide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given.
This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspapers print publication and on the newspapers internet website or electronic newspaper available on the internet.
This bill would prohibit a newspaper from charging a fee or surcharge to access public notices on their internet website or for posting a legally required public notice, as specified. This bill would provide, however, that a newspaper may continue to charge a fee or surcharge for access to other content on their internet website. This bill would also provide that certain errors in the publication of a legal notice on a newspapers internet website, as described, would not constitute a defect in the publication of the legal notice.
Existing law requires various types of notices to be provided in a newspaper of general circulation, as that term is defined, in accordance with certain prescribed publication periods and legal requirements. Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bona fide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given.
This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspapers print publication and on the newspapers internet website or electronic newspaper available on the internet.
This bill would prohibit a newspaper from charging a fee or surcharge to access public notices on their internet website or for posting a legally required public notice, as specified. This bill would provide, however, that a newspaper may continue to charge a fee or surcharge for access to other content on their internet website. This bill would also provide that certain errors in the publication of a legal notice on a newspapers internet website, as described, would not constitute a defect in the publication of the legal notice.
Existing law requires various types of notices to be provided in a newspaper of general circulation, as that term is defined, in accordance with certain prescribed publication periods and legal requirements. Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bona fide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given.
This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspapers print publication and on the newspapers internet website or electronic newspaper available on the internet.
This bill would prohibit a newspaper from charging a fee or surcharge to access public notices on their internet website or for posting a legally required public notice, as specified. This bill would provide, however, that a newspaper may continue to charge a fee or surcharge for access to other content on their internet website. This bill would also provide that certain errors in the publication of a legal notice on a newspapers internet website, as described, would not constitute a defect in the publication of the legal notice.
Existing law requires various types of notices to be provided in a newspaper of general circulation, as that term is defined, in accordance with certain prescribed publication periods and legal requirements. Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bona fide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given.
This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspapers print publication and on the newspapers internet website or electronic newspaper available on the internet.
This bill would prohibit a newspaper from charging a fee or surcharge to access public notices on their internet website or for posting a legally required public notice, as specified. This bill would provide, however, that a newspaper may continue to charge a fee or surcharge for access to other content on their internet website.
Existing law requires various types of notices to be provided in a newspaper of general circulation, as that term is defined, in accordance with certain prescribed publication periods and legal requirements. Existing law requires a newspaper of general circulation to meet certain criteria, including publication, a bona fide subscription list of paying subscribers, and printing and publishing at regular intervals in the state, county, or city where publication is to be given.
This bill would require any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspapers print publication and on the newspapers internet website or electronic newspaper available on the internet.
(a)When any public notice is legally required by a statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation, that notice shall be published in and on both of the following:
(1)The newspapers print publication.
(2)The newspapers internet website or electronic newspaper available on the internet.
(b)(1)A newspaper shall not charge a fee or surcharge specifically to access public notices on their internet website. However, a newspaper may continue to charge a fee or surcharge for access to other content on their internet website.
(2)A newspaper shall not charge an additional fee or surcharge specifically for posting a public notice described in subdivision (a) to the newspapers internet website.
(c)An error in the legal notice published on a newspapers internet website that is a result of either (1) an error of the internet website operator or (2) a temporary internet website outage or service interruption that prevents the publication or display of a legal notice on the internet website shall not constitute a defect in publication of the legal notice if the legal notice appears correctly in the newspapers print publication and satisfies all other legal notice requirements.
(a)When any public notice is legally required by a statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation, that notice shall be published in and on both of the following:
(1)The newspapers print publication.
(2)The newspapers internet website or electronic newspaper available on the internet.
(b)(1)A newspaper shall not charge a fee or surcharge specifically to access public notices on their internet website. However, a newspaper may continue to charge a fee or surcharge for access to other content on their internet website.
(2)A newspaper shall not charge an additional fee or surcharge specifically for posting a public notice described in subdivision (a) to the newspapers internet website.
(c)An error in the legal notice published on a newspapers internet website that is a result of either (1) an error of the internet website operator or (2) a temporary internet website outage or service interruption that prevents the publication or display of a legal notice on the internet website shall not constitute a defect in publication of the legal notice if the legal notice appears correctly in the newspapers print publication and satisfies all other legal notice requirements.
(a)When any public notice is legally required by a statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation, that notice shall be published in and on both of the following:
(1)The newspapers print publication.
(2)The newspapers internet website or electronic newspaper available on the internet.
(b)(1)A newspaper shall not charge a fee or surcharge specifically to access public notices on their internet website. However, a newspaper may continue to charge a fee or surcharge for access to other content on their internet website.
(2)A newspaper shall not charge an additional fee or surcharge specifically for posting a public notice described in subdivision (a) to the newspapers internet website.
(c)An error in the legal notice published on a newspapers internet website that is a result of either (1) an error of the internet website operator or (2) a temporary internet website outage or service interruption that prevents the publication or display of a legal notice on the internet website shall not constitute a defect in publication of the legal notice if the legal notice appears correctly in the newspapers print publication and satisfies all other legal notice requirements.
(a)When any public notice is legally required by a statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation, that notice shall be published in and on both of the following:
(a)(1)The newspapers print publication.
(b)(2)The newspapers internet website or electronic newspaper available on the internet.
(b)(1)A newspaper shall not charge a fee or surcharge specifically to access public notices on their internet website. However, a newspaper may continue to charge a fee or surcharge for access to other content on their internet website.
(2)A newspaper shall not charge an additional fee or surcharge specifically for posting a public notice described in subdivision (a) to the newspapers internet website.
When any public notice is legally required by a statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation, that notice shall be published in and on both of the following:
(a)The newspapers print publication.
(b)The newspapers internet website or electronic newspaper available on the internet.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Aug 20, 2026 | Chaptered by Secretary of State - Chapter 113, Statutes of 2026. |
| Aug 20, 2026 | Approved by the Governor. |
| Aug 12, 2026 | Enrolled and presented to the Governor at 12 p.m. |
| Aug 6, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.). |
| Aug 6, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 6073.). |
| Jun 18, 2026 | In Assembly. Concurrence in Senate amendments pending. |
| Jun 18, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0.). |
| Jun 18, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4859.). |
| Jun 11, 2026 | Read second time and amended. Ordered to consent calendar. |
| Jun 10, 2026 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 12. Noes 0.) (June 9). |
| May 20, 2026 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| May 6, 2026 | Referred to Com. on JUD. |
| Apr 28, 2026 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 27, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0.) |
| Apr 27, 2026 | Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 4832.) |
| Mar 25, 2026 | Read second time. Ordered to third reading. |
| Mar 24, 2026 | From committee: Do pass. (Ayes 12. Noes 0.) (March 24). |
| Mar 24, 2026 | Coauthors revised. |
| Mar 9, 2026 | Referred to Com. on JUD. |
| Feb 20, 2026 | From printer. May be heard in committee March 22. |
| Feb 19, 2026 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 6, 2026 | AB 2323 McKinnor Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jun 18, 2026 | Consent Calendar 2nd AB2323 McKinnor et al. | Senate Floor |
Passed |
|
| Jun 9, 2026 | Do pass as amended, and be ordered to the Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 27, 2026 | AB 2323 McKinnor Assembly Third Reading | Assembly Floor |
Passed |
|
| Mar 24, 2026 | Do pass. | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Bakersfield News Observer | ** Support | |
| Black Voice News/IE Voice | ** Support | |
| California African Chamber of Commerce | ** Support | |
| California Black Chamber of Commerce | ** Support | |
| California Black Media | ** Support | |
| California Hispanic Chamber Of Commerce | ** Support | |
| California Independent News Alliance | ** Support | |
| California News Publishers Association (if amended) | ** Support | |
| California Special Districts Association | ** Against | |
| Compton Bulletin | ** Support | |
| Inland Valley News | ** Support | |
| Los Angeles Sentinel | ** Support | |
| Los Angeles Wave | ** Support | |
| Mariposa Gazette | ** Support | |
| National Action Network Sacramento Chapter | ** Support | |
| Observer Group Newspapers of Southern California, Inc. | ** Support | |
| Our Weekly | ** Support | |
| Pace News, Inc. | ** Support | |
| Post News Group | ** Support | |
| Sacramento Observer | ** Support | |
| San Bernardino American News | ** Support | |
| San Diego Voice and Viewpoint | ** Support | |
| Sentinel Weekley News | ** Support | |
| Stockton Observer | ** Support | |
| The Perris Progress | ** Support | |
| The Sun Reporter | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2323
Author:(McKinnor)
As Amended Ver:June 11, 2026
Majority vote
SUMMARY
Requires all public notices that must be published in a newspaper of general circulation to also be published online.
Senate Amendments
Clarify that a newspaper is prohibited from charging a fee or surcharge to access public notices on their website or for posting a legally required public notice and provide that certain errors in the publication of a legal notice on the newspaper's website would not constitute a defect in the publication of the legal notice.
COMMENTS
A critical element of supporting open and transparent government and business activities is California's robust series of public notice laws. The public notice requirement underpins a bedrock principle of a free society, that information about government activities must be publicized in order for the public to make well-informed decisions about whether to challenge the proposed action. By mandating the publication of legal notices in newspapers of general circulation, the law provides a mechanism for disseminating this important information to the public.
For much of California's history, these public notices were required to be posted in print media, namely newspapers serving the area in which residents may have an interest in the topic of the notice. However, as technology has moved news consumption online and local newspapers have struggled to maintain print readership, there has been a growing push to move various notices online. Seeking to avoid a patchwork of notice laws, and in recognition of the fact that print notices remain a critical source of revenue for vital local news publishers, this bill standardizes all notices by requiring both online and print publication of public notices.
Public notices play a critical role in protecting people's rights and promoting an open society. Dating back to this nation's founding, the notion of ensuring that the public was notified about critical governmental activity was upheld as a fundamental aspect to a functioning democracy. According to the Public Notice Resource Center, the first session of Congress required, "all bills, orders, resolutions and congressional votes be published in at least three publicly available newspapers." (https://www.pnrc.net/about-2/about-public-notice/.) Portions of California's public notice laws date back to at least 1943 when the state's current newspaper publishing requirements were adopted with the enactment of Government Code Section 6040.
The California statutory scheme is designed to ensure that notices are published in news publications that reach a substantial number of subscribers in the area impacted by the topic of the notice. According to California courts, "… the statutory [notice] requirement was to require +the publication of legal notices to be published in newspapers which would reach the general reading public. . . ." (In re Application of David (1929) 98 Cal.App. 69, 74.) Thus, "it would be manifestly unjust, as well as against the letter and spirit of the law, to recognize publications [not read by the general public] as proper for the advertisement of legal notices . . . ." (In re Green (1913) 21 Cal.App. 138, 142.)
However, the print media industry has struggled as news consumption increasingly moves away from local newspapers toward dispersed online sources, and the effectiveness of the existing notice laws at reaching a critical mass of the population is waning. Indeed, according to Northwestern University's Medill School of Journalism, more than 2,500 local newspapers have ceased operating. In their absence, impacted communities must increasingly rely on national news publications or social media websites for information. (Penny Abernathy, The State of Local News 2022, Northwestern University (June 29, 2022) available at: https://localnewsinitiative.northwestern.edu/research/state-of-local-news/report/.) The dispersed nature of consumer news is undermining the existing public notice statute's goal of ensuring that a critical mass of interested citizens is given notice of current events and governmental activity.
This bill modernizes and standardizes public notices. Seeking to ensure that public notices reach as many members of their intended audience as possible, this bill aims to modernize the public notice statutes. The bill requires any public notice that is required by statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation to be posted in the newspaper's print edition as well as the internet website of the publication. The bill generally applies to all of the aforementioned notices but is designed in a manner as to not supersede the notice duration requirements found in many of the individual statutes mandating public notices on specific topics. The bill also clarifies that a newspaper is prohibited from charging a fee or surcharge to access public notices on their website or for posting a legally required public notice and provides that certain errors in the publication of a legal notice on the newspaper's website would not constitute a defect in the publication of the legal notice.
According to the Author
AB 2323 seeks to modernize California's public notice framework while maintaining the legal protections associated with newspapers of general circulation. The bill expands digital access to public notices so that members of the public can more easily locate important information through additional platforms, while preserving existing requirements for publication in qualifying newspapers. By allowing notices to be available in both traditional print and digital formats, the bill aims to improve accessibility to legally required information while maintaining the established role that newspapers of general circulation play within California's public notice system.
Arguments in Support
This bill is sponsored by California Black Media and is supported by several small local news publications. In support of the bill, California Black Media states:
AB 2323 takes a balanced approach to modernizing California's public notice framework. The bill preserves the longstanding role of newspapers of general circulation while allowing notices to also be accessible through digital platforms. This approach reflects how residents access information today while maintaining the transparency and due process protections that are central to public notice requirements.
Local and community-based newspapers remain an essential part of the public notice system. In many regions, they are a primary source of information and serve as a consistent and reliable connection between government actions and the communities they impact. At the same time, expanding access through digital formats helps ensure that notices can be found through multiple channels.
Arguments in Opposition
None
FISCAL COMMENTS
None
VOTES:
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
ASSEMBLY FLOOR: 70-0-10
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bauer-Kahan, Bennett, Berman, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Flora, Fong, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Soria, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Bains, Boerner, Bonta, Bryan, Ellis, Gabriel, Macedo, Celeste Rodriguez, Sharp-Collins, Stefani
SENATE FLOOR: 37-0-3
YES: Allen, Alvarado-Gil, Archuleta, Arreguín, Becker, Blakespear, Cabaldon, Caballero, Cervantes, Choi, Cortese, Dahle, Durazo, Gonzalez, Grayson, Hurtado, Jones, Laird, Limón, McGuire, McNerney, Menjivar, Niello, Ochoa Bogh, Padilla, Pérez, Reyes, Richardson, Rubio, Smallwood-Cuevas, Stern, Strickland, Umberg, Valladares, Wahab, Weber Pierson, Wiener
ABS, ABST OR NV: Ashby, Grove, Seyarto
UPDATED
VERSION: June 11, 2026
CONSULTANT: Nicholas Liedtke / JUD. / (916) 319-2334 FN: 0003184
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-4171 | AB 2323 |
CONSENT
Bill No: AB 2323
Author: McKinnor (D), et al.
Amended: 6/11/26 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 12-0, 6/9/26
AYES: Umberg, Niello, Allen, Ashby, Caballero, Durazo, Laird, Reyes, Valladares, Wahab, Weber Pierson, Wiener
NO VOTE RECORDED: Stern
ASSEMBLY FLOOR: 70-0, 4/27/26 - See last page for vote
SUBJECT: Publication: newspapers of general circulation
SOURCE: California Black Media
DIGEST:
This bill (1) requires any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication and on the newspaper’s website or electronic newspaper available on the internet. This bill (2) prohibits a newspaper from charging a fee or surcharge to access public notices on their internet website; however, a newspaper may continue to charge a fee or surcharge for access to other content on their internet website. This bill (3) also prohibits a newspaper from charging an additional fee or surcharge specifically for posting a public notice to the newspaper’s internet website.
ANALYSIS:
Existing law:
- Provides that whenever any official advertising, notice, resolution, order, or other matter of any nature whatsoever is required by law to be published in a newspaper, such publication is to be made only in a newspaper of general circulation. (Government (Gov.) Code § 6040.)
- Provides that a newspaper qualifies as a newspaper of general circulation if it meets all of the following criteria:
- it is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers and has been established and published at regular intervals of not less than weekly in the city, district, or public notice district for which it is seeking adjudication for at least three years preceding the date of adjudication;
- it has a substantial distribution to paid subscribers in the city, district, or public notice district in which it is seeking adjudication;
- it has maintained a minimum coverage of local or telegraphic news and intelligence of a general character of not less than 25% of its total inches during each year of the three-year period; and
- it has only one principal office of publication and that office is in the city, district, or public notice district for which it is seeking adjudication. (Gov. Code § 6008(a)(4).)
- Provides that whenever a newspaper desires to have its standing as a newspaper of general circulation ascertained and established, it may, by its publisher, manager, editor or attorney, file a verified petition in the superior court of the county in which it is established, printed and published, setting forth the facts which justify such action. (Gov. Code § 6020.)
- Provides that all publications made in a newspaper during the period it was adjudged to be a newspaper of general circulation are valid and sufficient. (Gov. Code § 6025.)
- Specifies that whenever any law provides that publication of a notice is required, that notice must be published in a newspaper of general circulation for the period prescribed, the number of times, and in the manner provided in that statute.
- Provides that notice includes official advertising, resolutions, orders, or other matter of any nature whatsoever that are required by law to be published in a newspaper of general circulation. (Gov. Code § 6060.)
- Requires public notice in a newspaper of general circulation to notify about a wide range of legal events of interest to the public, including, among others:
- public hearings related to matters such as land use, zoning changes, and environmental impact reports. (see Gov. Code § 50485.5 (airport zoning), Health and Safety Code §33679 (community redevelopment), Health & Saf. § 25242(b)(4) (hazardous waste);
- election notices. (see Elections Code § 9303 (initiative), § 12105 (pre-election notices), § 5200 (disqualification of political parties); § 11022 (notice of intent to recall);
- foreclosure notices (Civil Code § 2924f(b)(2));
- lien sale of personal property in self-service storage facilities. (Business and Professions Code § 21707(a)); and
- name changes (Code of Civil Procedure § 1277(a)(2).)
This bill:
- Requires any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication and on the newspaper’s internet website or electronic newspaper available on the internet
- Prohibits a newspaper from charging a fee or surcharge to access public notices on their internet website; however, a newspaper may continue to charge a fee or surcharge for access to other content on their internet website
- Prohibits a newspaper from charging an additional fee or surcharge specifically for posting a public notice to the newspaper’s internet website.
- Provides that an error in the legal notice published on a newspaper’s internet website that is a result of either
- an error of the internet website operator or
- a temporary internet website outage or service interruption that prevents the publication or display of a legal notice on the internet website shall not constitute a defect in publication of the legal notice if the legal notice appears correctly in the newspaper’s print publication and satisfies all other legal notice requirements.
Comments
Public notices are designed to ensure that the public is aware of the business of government and other important local happenings. California law has long required various legal notices to be published in a “newspaper of general circulation” and this process of informing the public had generally worked well. However, the media landscape has changed drastically in the past years. This Committee held an informational hearing on December 5, 2023, regarding the Importance of Journalism in the Digital Age. The background paper provides an in-depth examination of the myriad issues facing journalism amidst the rise of digital news. Since 2005, the country has lost more than 25% of its newspapers, or over 2,500 publications. Americans generally consume their news on digital devices rather than in print by a significant margin: According to the Pew Research Center, “as of 2022, 49% of U.S. adults often, and 33 percent sometimes, got their news from digital devices, while 8% of adults often, and 25% sometimes, got their news from print publications.”
The California Black Media argues that this bill takes a balanced approach to modernizing California’s public notice framework by preserving the longstanding role of newspapers of general circulation while allowing notices to also be accessible through digital platforms. They note that this approach reflects how residents access information today while maintaining the transparency and due process protections that are central to public notice requirements.
Under this bill, public notices that are legally required to be published in a newspaper of general circulation would also be required to be posted to the newspaper’s website. The requirement to post a notice online is the responsibility of the newspaper that the member of the public submits the notice for publication to, so no additional requirements or duties are placed on the public than they already have under existing law when publishing a notice. This bill would prohibit a newspaper from charging an additional fee to specifically access public notices published on their website; however, a newspaper is allowed to charge for general access to their online website (commonly known as a paywall) including public notices.
AB 2095 (Maienschein, 2024) was somewhat similar to this bill. The main difference is that AB 2095 would have also required the notice to be published on a statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation in addition to a newspaper’s own website. AB 2095 was vetoed by Governor Newsom for reasons related to the repository requirement.
This bill contains guardrails to ensure any issues related to a notice being published online does not affect the sufficiency of the notice included in a print publication, by providing that the public notice remains valid if it otherwise meets the print publication requirements.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/12/26)
California Black Media (source)
Bakersfield News Observer
Black Voice News/IE Voice
California African Chamber of Commerce
California Black Chamber of Commerce
California Hispanic Chamber of Commerce
Compton Bulletin
Inland Valley News
Los Angeles Sentinel
Los Angeles Wave
National Action Network Sacramento Chapter
Our Weekly
Post News Group
Sacramento Observer
San Bernardino American News
San Diego Voice and Viewpoint
Sentinel Weekley News
Stockton Observer
The Perris Progress
OPPOSITION: (Verified 6/12/26)
None received
ARGUMENTS IN SUPPORT: The author writes:
AB 2323 seeks to modernize California’s public notice framework while maintaining the legal protections associated with newspapers of general circulation. The bill expands digital access to public notices so that members of the public can more easily locate important information through additional platforms, while preserving existing requirements for publication in qualifying newspapers. By allowing notices to be available in both traditional print and digital formats, the bill aims to improve accessibility to legally required information while maintaining the established role that newspapers of general circulation play within California’s public notice system.
The California Black Media, the sponsor of this bill, writes in support stating:
AB 2323 represents a balanced and practical approach to modernizing California's public notice system. The bill preserves the longstanding role of newspapers of general circulation while expanding public access by making notices available online through newspaper websites. This approach increases transparency, expands reach, and ensures more Californians have access to important information about government actions that affect their lives.
Our publications serve diverse communities that rely on trusted local news and information. Many of our readers continue to access information through print newspapers, while others increasingly rely on digital platforms. AB 2323 recognizes this reality by supporting both methods of access without disrupting the existing public notice framework that has provided accountability and public transparency for generations.
As publishers, we believe public notices should be accessible, verifiable, and rooted in the communities they serve. AB 2323 advances those goals while supporting the local news organizations that help keep residents informed and engaged.
ASSEMBLY FLOOR: 70-0, 4/27/26
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bauer-Kahan, Bennett, Berman, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Flora, Fong, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Johnson, Kalra, Krell, Lackey, Lee, Lowenthal, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Soria, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Bains, Boerner, Bonta, Bryan, Ellis, Gabriel, Macedo, Celeste Rodriguez, Sharp-Collins, Stefani
Prepared by: Amanda Mattson / JUD. / (916) 651-4113
6/12/26 12:50:12
**** END ****
Senator Thomas Umberg, Chair
2025-2026 Regular Session
Bill No: AB 2323 (Author:McKinnor)
Version: May 20, 2026
Hearing Date: June 9, 2026
Fiscal: No
Urgency: No
AMConsultant:
SUBJECT
Publication: newspapers of general circulation
DIGEST
This bill requires any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication and on the newspaper’s website or electronic newspaper available on the internet. The bill prohibits a newspaper from charging a fee or surcharge to access public notices on their internet website; however, a newspaper may continue to charge a fee or surcharge for access to other content on their internet website. The bill also prohibits a newspaper from charging an additional fee or surcharge specifically for posting a public notice to the newspaper’s internet website.
EXECUTIVE SUMMARY
This bill seeks to provide a framework that maintains the existing requirement of print publication, while also requiring online publication of required public notices. The author and proponents of the bill argue this will maintain the traditional requirement of print publication for public notices while also modernizing the tradition of public notice by also requiring online publication.
The bill is sponsored by California Black Media and supported by various new organizations and business organizations. No timely opposition was received by the Committee.
PROPOSED CHANGES TO THE LAW
Existing law:
- Provides that whenever any official advertising, notice, resolution, order, or other matter of any nature whatsoever is required by law to be published in a newspaper, such publication is to be made only in a newspaper of general circulation. (Gov. Code § 6040.)
- Provides that a newspaper qualifies as a newspaper of general circulation if it meets all of the following criteria:
- it is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers and has been established and published at regular intervals of not less than weekly in the city, district, or public notice district for which it is seeking adjudication for at least three years preceding the date of adjudication;
- it has a substantial distribution to paid subscribers in the city, district, or public notice district in which it is seeking adjudication;
- it has maintained a minimum coverage of local or telegraphic news and intelligence of a general character of not less than 25 percent of its total inches during each year of the three-year period; and
- it has only one principal office of publication and that office is in the city, district, or public notice district for which it is seeking adjudication. (Gov. Code § 6008(a)(4).)
- Provides that whenever a newspaper desires to have its standing as a newspaper of general circulation ascertained and established, it may, by its publisher, manager, editor or attorney, file a verified petition in the superior court of the county in which it is established, printed and published, setting forth the facts which justify such action. (Gov. Code § 6020.)
- Provides that all publications made in a newspaper during the period it was adjudged to be a newspaper of general circulation are valid and sufficient. (Gov. Code § 6025.)
- Specifies that whenever any law provides that publication of a notice is required, that notice must be published in a newspaper of general circulation for the period prescribed, the number of times, and in the manner provided in that statute.
- Provides that notice includes official advertising, resolutions, orders, or other matter of any nature whatsoever that are required by law to be published in a newspaper of general circulation. (Gov. Code § 6060.)
- Requires public notice in a newspaper of general circulation to notify about a wide range of legal events of interest to the public, including, among others:
- public hearings related to matters such as land use, zoning changes, and environmental impact reports. (see Gov. Code § 50485.5 (airport zoning), Health and Saf. Code §33679 (community redevelopment), Health and Saf. § 25242(b)(4) (hazardous waste);
- election notices. (see Elec. Code § 9303 (initiative), § 12105 (pre-election notices), § 5200 (disqualification of political parties); § 11022 (notice of intent to recall);
- foreclosure notices (Civ. Code § 2924f(b)(2));
- lien sale of personal property in self-service storage facilities. (Bus. & Prof. Code § 21707(a)); and
- name changes (Code of Civ. Proc. § 1277(a)(2).)
This bill:
- Requires any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication and on the newspaper’s internet website or electronic newspaper available on the internet
- Prohibits a newspaper from charging a fee or surcharge to access public notices on their internet website; however, a newspaper may continue to charge a fee or surcharge for access to other content on their internet website
- Prohibits a newspaper from charging an additional fee or surcharge specifically for posting a public notice to the newspaper’s internet website.
COMMENTS
- Stated need for the bill
The author writes:
AB 2323 seeks to modernize California’s public notice framework while maintaining the legal protections associated with newspapers of general circulation. The bill expands digital access to public notices so that members of the public can more easily locate important information through additional platforms, while preserving existing requirements for publication in qualifying newspapers. By allowing notices to be available in both traditional print and digital formats, the bill aims to improve accessibility to legally required information while maintaining the established role that newspapers of general circulation play within California’s public notice system.
- Public notices
Public notices are designed to ensure that the public is aware of the business of government and other important local happenings. California law has long required various legal notices to be published in a “newspaper of general circulation” and this process of informing the public had generally worked well. However, the media landscape has changed drastically in the past years. This Committee held an informational hearing on December 5, 2023, regarding the Importance of Journalism in the Digital Age. The background paper provides an in-depth examination of the myriad issues facing journalism amidst the rise of digital news. Since 2005, the country has lost more than 25 percent of its newspapers, or over 2,500 publications. Americans generally consume their news on digital devices rather than in print by a significant margin: according to the Pew Research Center, as of 2022, 49 percent of U.S. adults often, and 33 percent sometimes, got their news from digital devices, while 8 percent of adults often, and 25 percent sometimes, got their news from print publications.
The California Black Media argues that this bill takes a balanced approach to modernizing California’s public notice framework by preserving the longstanding role of newspapers of general circulation while allowing notices to also be accessible through digital platforms. They note that this approach reflects how residents access information today while maintaining the transparency and due process protections that are central to public notice requirements.
Under the bill, public notices that are legally required to be published in a newspaper of general circulation would also be required to be posted to the newspaper’s website. The requirement to post a notice online is the responsibility of the newspaper that the member of the public submits the notice for publication to, so no additional requirements or duties are placed on the public than they already have under existing law when publishing a notice. The bill would prohibit a newspaper from charging an additional fee to specifically access public notices published on their website; however, a newspaper is allowed to charge for general access to their online website (commonly known as a paywall) including public notices.
AB 2095 (Maienschein, 2024) was somewhat similar to this bill. The main difference is that AB 2095 would have also required the notice to be published on a statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation in addition to a newspaper’s own website. AB 2095 was vetoed by Governor Newsom stating:
[…] I applaud the author's attempt to provide an online repository to inform the public of the important matters covered in these legal notices. However, I am concerned that this bill may require the state's small community newspapers to hire additional personnel to upload notices and/or to pay for software tools to manage these uploads. Neither of these are costs that these small businesses, a vital and valuable source of local journalism, can bear. I encourage the Legislature to revisit this issue in subsequent legislation that achieves this bill's objectives, while also addressing the potential financial burden on small community newspapers. […]
AB 1444 (Flora, 2025) was substantially similar to AB 2095 and died on the Assembly inactive file.
AB 2095 contained guardrails to ensure any issues related to a notice being published online does not affect the sufficiency of the notice included in a print publication, by providing that the public notice remains valid if it otherwise meets the print publication requirements. This bill does not contain similar language. To ensure these same guardrails are included in this bill, the author has agreed to amend the bill.
- Amendment[1]
The specific amendment described in Comment 2, above, is as follows:
An error in the legal notice published on a newspaper’s internet website that is a result of either (1) an error of the internet website operator; or (2) a temporary internet website outage or service interruption that prevents the publication or display of a legal notice on the internet website shall not constitute a defect in publication of the legal notice, if the legal notice appears correctly in the newspaper’s print publication and satisfies all other legal notice requirements.
- Stakeholder statements
The California Black Media, the sponsor of the bill, writes in support stating:
AB 2323 represents a balanced and practical approach to modernizing California's public notice system. The bill preserves the longstanding role of newspapers of general circulation while expanding public access by making notices available online through newspaper websites. This approach increases transparency, expands reach, and ensures more Californians have access to important information about government actions that affect their lives.
Our publications serve diverse communities that rely on trusted local news and information. Many of our readers continue to access information through print newspapers, while others increasingly rely on digital platforms. AB 2323 recognizes this reality by supporting both methods of access without disrupting the existing public notice framework that has provided accountability and public transparency for generations.
As publishers, we believe public notices should be accessible, verifiable, and rooted in the communities they serve. AB 2323 advances those goals while supporting the local news organizations that help keep residents informed and engaged.
SUPPORT
California Black Media
Bakersfield News Observer
Black Voice News/IE Voice
California African Chamber of Commerce
California Black Chamber of Commerce
California Hispanic Chamber of Commerce
Compton Bulletin
Inland Valley News
Los Angeles Sentinel
Los Angeles Wave
National Action Network Sacramento Chapter
Our Weekly
Post News Group
Sacramento Observer
San Bernardino American News
San Diego Voice and Viewpoint
Sentinel Weekley News
Stockton Observer
The Perris Progress
The Sun Reporter
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation:
AB 1444 (Flora, 2025) would have required any public notice that is legally required to be published in a newspaper of general circulation to be published in the newspaper’s print publication, on the newspaper’s internet website or electronic newspaper available on the internet, and on the statewide internet website maintained as a repository for notices by a majority of California newspapers of general circulation, as specified. AB 1444 died on the inactive file in the Assembly.
AB 2095 (Maienschein, 2024) was substantially similar to AB 1444. AB 2095 was vetoed by Governor Newsom. (See Comment 2 for Governor’s veto message.)
PRIOR VOTES
Assembly Floor (Ayes 70, Noes 0)
Assembly Judiciary Committee (Ayes 12, Noes 0)
**************
The amendments may include nonsubstantive changes as identified by Legislative Counsel. ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 2323
Author:(McKinnor)
As Introduced Ver:February 19, 2026
Majority vote
SUMMARY
Requires all public notices that must be published in a newspaper of general circulation to also be published online.
Major Provisions
- Requires when any public notice is legally required by a statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation, that notice must be published in and on both of the following:
- The newspaper's print publication; and
- The newspaper's internet website or electronic newspaper available on the internet.
COMMENTS
A critical element of supporting open and transparent government and business activities is California's robust series of public notice laws. The public notice requirement underpins a bedrock principle of a free society, that information about government activities must be publicized in order for the public to make well-informed decisions about whether to challenge the proposed action. By mandating the publication of legal notices in newspapers of general circulation, the law provides a mechanism for disseminating this important information to the public.
For much of California's history, these public notices were required to be posted in print media, namely newspapers serving the area in which residents may have an interest in the topic of the notice. However, as technology has moved news consumption online and local newspapers have struggled to maintain print readership, there has been a growing push to move various notices online. Seeking to avoid a patchwork of notice laws, and in recognition of the fact that print notices remain a critical source of revenue for vital local news publishers, this bill standardizes all notices by requiring both online and print publication of public notices.
Public notices play a critical role in protecting people's rights and promoting an open society. Dating back to this nation's founding, the notion of ensuring that the public was notified about critical governmental activity was upheld as a fundamental aspect to a functioning democracy. According to the Public Notice Resource Center, the first session of Congress required, "all bills, orders, resolutions and congressional votes be published in at least three publicly available newspapers." (https://www.pnrc.net/about-2/about-public-notice/.) Portions of California's public notice laws date back to at least 1943 when the state's current newspaper publishing requirements were adopted with the enactment of Government Code Section 6040.
The California statutory scheme is designed to ensure that notices are published in news publications that reach a substantial number of subscribers in the area impacted by the topic of the notice. According to California courts, "… the statutory [notice] requirement was to require +the publication of legal notices to be published in newspapers which would reach the general reading public. . . ." (In re Application of David (1929) 98 Cal.App. 69, 74.) Thus, "it would be manifestly unjust, as well as against the letter and spirit of the law, to recognize publications [not read by the general public] as proper for the advertisement of legal notices . . . ." (In re Green (1913) 21 Cal.App. 138, 142.)
However, the print media industry has struggled as news consumption increasingly moves away from local newspapers toward dispersed online sources, and the effectiveness of the existing notice laws at reaching a critical mass of the population is waning. Indeed, according to Northwestern University's Medill School of Journalism, more than 2,500 local newspapers have ceased operating. In their absence, impacted communities must increasingly rely on national news publications or social media websites for information. (Penny Abernathy, The State of Local News 2022, Northwestern University (June 29, 2022) available at: https://localnewsinitiative.northwestern.edu/research/state-of-local-news/report/.) The dispersed nature of consumer news is undermining the existing public notice statute's goal of ensuring that a critical mass of interested citizens is given notice of current events and governmental activity.
This bill modernizes and standardizes public notices. Seeking to ensure that public notices reach as many members of their intended audience as possible, this bill aims to modernize the public notice statutes. The bill requires any public notice that is required by statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation to be posted in the newspaper's print edition as well as the internet website of the publication. The bill generally applies to all of the aforementioned notices but is designed in a manner as to not supersede the notice duration requirements found in many of the individual statutes mandating public notices on specific topics.
According to the Author
AB 2323 seeks to modernize California's public notice framework while maintaining the legal protections associated with newspapers of general circulation. The bill expands digital access to public notices so that members of the public can more easily locate important information through additional platforms, while preserving existing requirements for publication in qualifying newspapers. By allowing notices to be available in both traditional print and digital formats, the bill aims to improve accessibility to legally required information while maintaining the established role that newspapers of general circulation play within California's public notice system.
Arguments in Support
This bill is sponsored by California Black Media and is supported by several small local news publications. In support of the bill, California Black Media states:
AB 2323 takes a balanced approach to modernizing California's public notice framework. The bill preserves the longstanding role of newspapers of general circulation while allowing notices to also be accessible through digital platforms. This approach reflects how residents access information today while maintaining the transparency and due process protections that are central to public notice requirements.
Local and community-based newspapers remain an essential part of the public notice system. In many regions, they are a primary source of information and serve as a consistent and reliable connection between government actions and the communities they impact. At the same time, expanding access through digital formats helps ensure that notices can be found through multiple channels.
Arguments in Opposition
The California Special Districts Association (CSDA) states, "Current law requires local public agencies, including special districts, to provide notice of certain matters in newspapers of general circulation. Special districts' obligation to provide these notices extends to matters including meetings of the district's legislative body, solicitation of bids for public works, advertisement of upcoming deadlines for filing nominations for office, and more. As such, special districts are required to expend public funds on services rendered by newspapers of general circulation – typically private businesses that charge varying rates for the posting of those notices. Though the effort to effectuate the modernization of public noticing laws is laudable, AB 2323 troublingly appears to require that local agencies bear the cost of not only the original posting in a newspaper of general circulation, but also of an additional notice posted on the newspaper's website or electronic newspaper available on the internet. Given the incentives typical of private enterprise, this would likely result in additional, ongoing costs to local agencies in connection with routine agency initiatives. The California Special Districts Association (CSDA) would therefore request that AB 2323 be amended to specify that that local agencies are not ultimately obligated to pay for both a print-circulated notice and an internet website-circulated notice."
FISCAL COMMENTS
None
VOTES
ASM JUDICIARY: 12-0-0
YES: Kalra, Macedo, Bauer-Kahan, Bryan, Connolly, Dixon, Harabedian, Pacheco, Papan, Sanchez, Stefani, Zbur
UPDATED
VERSION: February 19, 2026
CONSULTANT: Nicholas Liedtke / JUD. / (916) 319-2334 FN: 0002322
Date of Hearing: March 24, 2026
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 2323
Author:(McKinnor) – As Introduced Ver:February 19, 2026
SUBJECT: Publication: newspapers of general circulation
KEY ISSUE: should notices that are legally required to be published in a print newspaper of general circulation also be required to be posted to the newspaper’s online edition or website?
SYNOPSIS
In order to ensure that the public is aware of the business of government and other important local happenings, California law has for decades required various legal notices to be published in a “newspaper of general circulation.” This method of informing the public worked well for a long time, as the state enjoyed a robust network of local news publications. However, as the media landscape shifts with the rise in smart phones and other electronic devices, print media is struggling. Numerous local newspapers have shuttered in the last 25 years, leaving too many areas of California without a reliable source for local journalism. In the absence of local news, many Californians now get their news from large national publications or suspect social media outlets. These trends in media consumption are undermining the intent of the state’s longstanding requirements for notices to be published in print media.
Seeking to ensure that Californians retain access to important public notices, this bill modernizes the notice law to require notices be posted both in the print copy of a local newspaper as well as on the paper’s website or electronic publication of the paper. The proponents of this bill note that this will help keep Californians informed of critical local issues and help support local media.
This bill is sponsored by California Black Media and is supported by a handful of local news publishers. The bill is supported, if amended, by the California News Publishers Association. The News Publishers Association is seeking an amendment mandating the creation of a privately run statewide notice repository. In response to the News Publishers Association, the sponsors and supporters of this bill worry about the economic impact of such a repository to a small paper’s bottom line. Such concerns were shared by Governor Newsom who vetoed a bill creating such a repository, AB 2095 (Maienschein, 2024), citing cost pressures to small publishers. The stakeholders involved with this bill note that the discussions surrounding the repository have been ongoing and will continue. This bill has no known opposition.
SUMMARY: Requires all public notices that must be published in a newspaper of general circulation to also be published online. Specifically, this bill:
- Requires when any public notice is legally required by a statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation, that notice must be published in and on both of the following:
- The newspaper’s print publication; and
- The newspaper’s internet website or electronic newspaper available on the internet.
EXISTING LAW:
- Provides that whenever any official advertising, notice, resolution, order, or other matter of any nature whatsoever is required by law to be published in a newspaper, such publication shall be made only in a newspaper of general circulation. (Government Code Section 6040.)
- Establishes that a newspaper qualifies as a “newspaper of general circulation” if it meets all of the following criteria:
- It is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character, which has a bona fide subscription list of paying subscribers and has been established and published at regular intervals of not less than weekly in the city, district, or public notice district for which it is seeking adjudication for at least three years preceding the date of adjudication.
- It has a substantial distribution to paid subscribers in the city, district, or public notice district in which it is seeking adjudication.
- It has maintained a minimum coverage of local or telegraphic news and intelligence of a general character of not less than 25% of its total inches during each year of the three-year period.
- It has only one principal office of publication and that office is in the city, district, or public notice district for which it is seeking adjudication. (Government Code Section 6008 (a)(4).)
- Provides that whenever a newspaper desires to have its standing as a newspaper of general circulation ascertained and established, it may, by its publisher, manager, editor or attorney, file a verified petition in the superior court of the county in which it is established, printed and published, setting forth the facts which justify such action. (Government Code Section 6020.)
- Establishes that all publications made in a newspaper during the period it was adjudged to be a newspaper of general circulation are valid and sufficient. (Government Code Section 6025.)
- Clarifies that whenever any law provides that publication of a notice is required, that notice must be published in a newspaper of general circulation for the period prescribed, the number of times, and in the manner provided in that section. Clarifies that “notice” includes official advertising, resolutions, orders, or other matter of any nature whatsoever that are required by law to be published in a newspaper of general circulation. (Government Code Section 6060.)
- Requires public notice in a newspaper of general circulation to notify about a wide range of legal events of interest to the public, including:
- Public hearings related to matters such as land use, zoning changes, environmental impact reports, etc. (E.g., Government Code Section 50485.5 (airport zoning), Health and Safety Code Section 33679 (community redevelopment), Health and Safety Code Section 25242 (b)(4) (hazardous waste).);
- Election notices. (E.g., Election Code Section 9303 (initiative), Election Code Section 12105 (pre-election notices), Election Code Section 5200 (disqualification of political parties).);
- Foreclosure notices. (Civil Code Section 2924f (b)(2).);
- Nuisance notices. (E.g., Government Code Section 38773.1(b).); and
- Lien sales of personal property in self-service storage facilities. (Business and Professions Code Section 21707 (a).)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: A critical element of supporting open and transparent government and business activities is California’s robust series of public notice laws. The public notice requirement underpins a bedrock principle of a free society, that information about government activities must be publicized in order for the public to make well-informed decisions about whether to challenge the proposed action. By mandating the publication of legal notices in newspapers of general circulation, the law provides a mechanism for disseminating this important information to the public.
For much of California’s history, these public notices were required to be posted in print media, namely newspapers serving the area in which residents may have an interest in the topic of the notice. However, as technology has moved news consumption online and local newspapers have struggled to maintain print readership, there has been a growing push to move various notices online. Seeking to avoid a patchwork of notice laws, and in recognition of the fact that print notices remain a critical source of revenue for vital local news publishers, this bill standardizes all notices by requiring both online and print publication of public notices. In support of this bill the author states:
AB 2323 seeks to modernize California’s public notice framework while maintaining the legal protections associated with newspapers of general circulation. The bill expands digital access to public notices so that members of the public can more easily locate important information through additional platforms, while preserving existing requirements for publication in qualifying newspapers. By allowing notices to be available in both traditional print and digital formats, the bill aims to improve accessibility to legally required information while maintaining the established role that newspapers of general circulation play within California’s public notice system.
Public notices play a critical role in protecting people’s rights and promoting an open society. Dating back to this nation’s founding, the notion of ensuring that the public was notified about critical governmental activity was upheld as a fundamental aspect to a functioning democracy. According to the Public Notice Resource Center, the first session of Congress required, “all bills, orders, resolutions and congressional votes be published in at least three publicly available newspapers.” (https://www.pnrc.net/about-2/about-public-notice/.) Portions of California’s public notice laws date back to at least 1943 when the state’s current newspaper publishing requirements were adopted with the enactment of Government Code Section 6040.
The California statutory scheme is designed to ensure that notices are published in news publications that reach a substantial number of subscribers in the area impacted by the topic of the notice. According to California courts, “… the statutory [notice] requirement was to require +the publication of legal notices to be published in newspapers which would reach the general reading public. . . .” (In re Application of David (1929) 98 Cal.App. 69, 74.) Thus, “it would be manifestly unjust, as well as against the letter and spirit of the law, to recognize publications [not read by the general public] as proper for the advertisement of legal notices . . . .” (In re Green (1913) 21 Cal.App. 138, 142.)
However, the print media industry has struggled as news consumption increasingly moves away from local newspapers toward dispersed online sources, and the effectiveness of the existing notice laws at reaching a critical mass of the population is waning. Indeed, according to Northwestern University’s Medill School of Journalism, more than 2,500 local newspapers have ceased operating. In their absence, impacted communities must increasingly rely on national news publications or social media websites for information. (Penny Abernathy, The State of Local News 2022, Northwestern University (June 29, 2022) available at: https://localnewsinitiative.northwestern.edu/research/state-of-local-news/report/.) The dispersed nature of consumer news is undermining the existing public notice statute’s goal of ensuring that a critical mass of interested citizens is given notice of current events and governmental activity.
This bill modernizes and standardizes public notices. Seeking to ensure that public notices reach as many members of their intended audience as possible, this bill aims to modernize the public notice statutes. The bill would require any public notice that is required by statute, ordinance, bylaw, or judicial order to be published in a newspaper of general circulation to be posted in the newspaper’s print edition as well as the internet website of the publication. The bill generally applies to all of the aforementioned notices but is designed in a manner as to not supersede the notice duration requirements found in many of the individual statutes mandating public notices on specific topics.
The debate over the usefulness and economic impacts of a statewide notice database. This bill enjoys support from several small media publications from across the state. Nonetheless, the California News Publishers Association has taken a support if amended position, contending that a statewide, “searchable central online repository for public notices,” should be added to the bill. Conceptually, such a statewide database makes sense and would laudably centralize notices in one place accessible to all Californians. Indeed, more than 20 other states have adopted some form of a statewide database.
However, the language of the proposed amendment to create the centralized database describes the notice repository as one that is maintained “by a majority of California newspapers of general circulation.” While admittedly adopted from other states’ statutes, this language is somewhat vague as to who exactly operates the database. Several of the smaller publishers in support of this bill note that this language may result in a scenario where the state’s largest newspapers, those with a sizable technical staff capable of operating such a repository, operate the database and charge smaller newspapers to post notices to the database. The small publishers fear the proposed amendment would essentially result in smaller, often financially struggling, newspapers subsidizing the budget of larger media organizations.
Given that the proposed amendments do not specify how the repository would operate, the risk of larger newspapers charging smaller newspapers to publish notices is not unfounded. Indeed, Governor Newsom appears to share this concern as he vetoed a prior measure to establish this repository, AB 2095 (Maienschein, 2024), noting, “I am concerned that this bill may require the state's small community newspapers to hire additional personnel to upload notices and/or to pay for software tools to manage these uploads. Neither of these are costs that these small businesses, a vital and valuable source of local journalism, can bear.”
Accordingly, without additional safeguards or clarity regarding how such a database would be funded and what charges may be imposed for posting a notice, the Committee does not see a need to amend the bill at this time and instead encourages the author, sponsors, and other stakeholders to engage in a meaningful discussion about appropriate fiscal safeguards should such a database be created and be maintained by private entities. It should be noted that although the prior measures on this topic contemplated a privately managed database, such an important tool for public information may be better managed by a governmental agency as to avoid one private party being statutorily mandated to pay another private party to promote a public good. Recognizing that the state’s current budget situation may render such a proposal unfeasible, nonetheless, the author may wish to consider bypassing a private database in favor of a notice repository operated by a governmental entity. Given the nature of the notices that must be posted, either the Office of State Publishing within the Department of General Services, or in some instances, the Judicial Council may be appropriate authorities to create such a repository. However, recognizing the fiscal impact such a proposal may have (even if fee authority accompanied the proposal), the Committee is not insisting on such an amendment but merely proffers the idea to promote ongoing stakeholder discussions.
While the Committee encourages the author and stakeholders to continue discussions surrounding a statewide database, the pressing need to better expand the accessibility of public notices is sufficiently valuable to all Californians to merit this Committee’s consideration of the bill as it is currently in print.
ARGUMENTS IN SUPPORT: This bill is sponsored by California Black Media and is supported by several small local news publications. In support of the bill, California Black Media states:
AB 2323 takes a balanced approach to modernizing California’s public notice framework. The bill preserves the longstanding role of newspapers of general circulation while allowing notices to also be accessible through digital platforms. This approach reflects how residents access information today while maintaining the transparency and due process protections that are central to public notice requirements.
Local and community-based newspapers remain an essential part of the public notice system. In many regions, they are a primary source of information and serve as a consistent and reliable connection between government actions and the communities they impact. At the same time, expanding access through digital formats helps ensure that notices can be found through multiple channels.
REGISTERED SUPPORT / OPPOSITION:
Support
California Black Media
California Independent News Alliance
California News Publishers Association (if amended)
Mariposa Gazette
Observer Group Newspapers of Southern California, Inc.
Pace News, Inc.
Opposition
None on file
Analysis Prepared by: Nicholas Liedtke / JUD. / (916) 319-2334
Discussed in Hearing
Assembly Floor
Assembly Floor
Assembly Standing Committee on Judiciary
Bill Author
Bill Co-Author(s):