"An Act relating to the requirements to qualify as a newspaper in which notices of property sales are published. "

Currently under Alaska statute, before the sale of property on execution can be completed, public notice must be given, so that parties affected by the sale will have proper notice of the pending action. Examples of these sales include properties to be sold to fulfill a financial obligation to the state because of criminal restitution, or properties sold to satisfy a civil judgment to a creditor.

Under AS 09.35.410 this obligation of notice can be fulfilled by “publishing a copy of the notice four times, once a week for four successive weeks in a newspaper of general circulation published nearest to the place of sale.” The intent of the statute is to give affected parties adequate notice and the opportunity to comment in a public manner.

This legislation will modify the definition of “newspaper of general circulation.” The current definition requires that in addition to being distributed at least once a week for at least 50 weeks each year within the judicial district, the newspaper has a total paid circulation or paid distribution of at least 500 copies, or 10 percent of the total population of the judicial district, in addition, the newspaper is not published primarily to distribute advertising; is not intended for a particular professional or occupational group and must also hold a second class mailing permit from the United State Postal Service.

The required second class mailing permit is only given to newspapers with 50% of their circulation paid for by subscriptions. Free newspapers that have broad circulation, appeal and ample exposure are not able to post these notices because they do not qualify under the statutory definition. SB 173 addresses this issue by removing the second class mailing permit requirement from the definition of "newspaper of general circulation" under AS 09.35.410.

The intent of AS 09.35.410 is to inform the public of a pending sale and it is a logical, and progressive step to allow free accessible publications the ability to post these important public notices.

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