Breaking News
Oklahoma legislature increases state-set rate for legal notices, enacts reforms.

Oklahoma legislators voted to override the governor’s veto of House Bill 2167 – an OPA-sponsored legal notice bill – in the final hours of the 2025 legislative session.  The legislation increased the state-set legal notice rates for the first time since 2005 and included other reforms for readability and accessibility of legal notices.

HB 2167 passed the House on March 25 by an 83-6 vote.  On April 28, the bill passed the Senate 36-6.   On May 5, the governor vetoed the legislation, writing a confusing and surprising veto message, even though the bill reached his desk with veto-proof vote majorities in both the House and Senate.

The Oklahoma legislature submitted their annual budget to the governor and waited until he signed their submitted budget before taking up any veto override votes.   On the final day of session, the House of Representatives voted to override the veto with an 83-3 vote.  Several hours later – at 11:02 p.m. – the Senate voted to override the veto with a vote of 35-10.

The new law is effective November 1, 2025.  The legislation increases the required per line and per word rates for those desiring to publish notices and includes reforms to improve readability and accessibility of notices in Oklahoma newspapers.

Rates changes in HB 2167 are the following:

• Increases the per line rate for first and subsequent insertions from .70 and .65 cents per line to $1.10 and $1.00 per line.
• Increases the per word rate for first and subsequent insertions from .15 and .14 cents per word to .22 and .20 cents per word.
• Authorizes newspapers to charge a $5 fee for any notarial act for affidavits.
• Sets a $25 minimum charge for notices in instances where the statutory per line and per word rates would not reach a minimum of $25.00.

To increase accessibility, HB 2167 does the following:

• Requires newspapers to provide access to notices in front of any website paywall.
• Requires newspapers to upload notices to a statewide free public notice site operated by the press association.

To increase readability, HB 2167 does the following:

• Establishes the newspaper has the authority to publish notices in a format readable to a reasonable person.Notices submitted to a newspaper which are unreadable or intended to be unreadable may be rejected or typeset by the newspaper in a readable format.
• Creates a legal notice minimum type size of 8-point non-condensed type, with a maximum of 10-point non-condensed type.Larger type sizes can be requested in writing by the person placing the notice.
• Clarifies the person desiring the notice is prohibited from elimination of spaces between words or numeric descriptions, or use hyphenation to combine words to reduce the word or line count.
• Establishes a minimum line length of 1.5 inches for legal notice column width.A column line may be longer, but the rate does not change with the extended line length.

To assist people with placing notices, the legislation also:

Prohibits newspapers from having a deadline for legal notices that is more than five (5) business days prior to the date of publication, excluding the date of publication, Saturdays, Sunday, and legal holidays in the State of Oklahoma.
Allows a person requiring notice to request confirmation of receipt by the newspaper.The newspaper shall confirm receipt and notify the person placing the notice of the dates or issues in which the notice shall appear.
If the newspaper fails to publish the notice on the dates confirmed the newspaper must run the notice in a future issue specified by the person desiring the notice at no charge.If there are multiple insertions, only the first omitted insertion is at no charge.

Online Notices

States continue to consider or add online newspapers to traditional print notices as legal standing. States that have adopted legislation for online newspapers include Virginia and North Dakota. New Jersey had newspapers cease print editions and their legislature passed a temporary bill for online publishing with new legislation in the pipeline. PNRC reported previously that Virginia and Pennsylvania have language worth a review if your state is looking toward new legislation.

Print is not dead. You hear people talk about how they like to read a newspaper but online serves as a compliment to print to respond to legislators call for wider access.

As more legacy newspapers consider moving toward online, it behooves states to be ahead of the curve and prepare for change when it does occur. Michigan has formed a task force to draft language to allow online notices for legacy newspapers that focus on local news and have a history of maintaining archives.

The concept of transitioning public notice from printed newspapers to their digital versions is not going away.

Texas

Texas SB 1062

The bill modifies public notice publication requirements, expanding the definition of acceptable newspapers for official notices. Currently, newspapers must meet specific criteria like publishing at least weekly, having at least 20% general interest content, and being in circulation for 12 months. The bill adds a new option allowing governmental entities to publish notices in digital newspapers, provided those digital outlets meet six specific qualifications: they must have an audited paid subscriber base, have been in business for at least three years, employ local staff, report on local events and governmental activities, provide news of general interest to the local jurisdiction, and update their news at least weekly. This change provides more flexibility for governmental entities in how they communicate public notices, potentially making information more accessible through online platforms while maintaining standards for credible news sources. Introduced.

Texas HB1080
The publication of required notice by a political subdivision by alternative media.

Political subdivisions in Texas would satisfy legal notice requirements traditionally met through newspaper publication by using alternative media with potentially greater circulation. These alternative media include social media, free newspapers, school newspapers, homeowners’ association newsletters, utility bills, direct mailings, and other forms approved by the state comptroller. Before using an alternative method, a political subdivision must hold a public meeting to demonstrate that the alternative media’s circulation exceeds that of the highest-circulation newspaper in the area. The political subdivision must then submit details about the alternative media’s circulation to the comptroller, who will publish the notice on their website. The comptroller can require a return to newspaper publication if the alternative media’s circulation is deemed insufficient. Political subdivisions can also request a waiver from online publication requirements if internet access is limited in their area, in which case they must use a public agenda board for additional notice. The bill also requires the comptroller to prepare a biennial report comparing the effectiveness of different notice publication methods. Committee sent to Calendar.

North Dakota

North Dakota SB2069

The legislation amends North Dakota’s legal notice publication requirements to provide more flexibility and ensure public access to important information. New provisions allow state agencies to request immediate online publication of a notice that is also appearing in a newspaper. The back stop postings are NDNA’s ndpublicnotices.com website. If a newspaper fails to publish the physical newspaper notice, the online posting can still be considered a valid legal notification. The legislation clarifies that minor, insubstantial errors in website-published notices that are the fault of the newspaper will not invalidate the notice’s legal effectiveness. The bill aims to modernize legal notice publication and expand digital access while maintaining the core purpose of ensuring public awareness of important governmental and legal information.      Signed by Governor

Alabama

Alabama HB320  

Public works contracts; requirement to publish advertisement.
Alabama’s public works contract regulations would be modified by introducing several key changes. It requires awarding authorities to publish advertisements for public works contracts exceeding $100,000 on a new centralized website maintained by the Department of Finance, in addition to existing newspaper publication requirements. The bill establishes provisions for how different types of governmental entities (state, county, municipality) must advertise for bids, and provides alternative methods of publication, such as posting on official websites or bulletin boards. It creates a Study Commission on Public Notice of Title 39 Advertisements, composed of representatives from various state agencies, educational institutions, and construction associations to study and make recommendations about the centralized website for public bid notices. It will be dissolved after submitting its findings. The new regulations aim to increase transparency, accessibility, and efficiency in the public works contract bidding process while maintaining appropriate safeguards for governmental purchasing. Enrolled

Wisconsin

AP: US Department of Justice to resume seizing journalists’ records

Wisconsin Newspaper Association        April 28, 2025
The US Justice Department is cracking down on leaks of information to the news media, with Attorney General Pam Bondi saying prosecutors once again will have authority to use subpoenas, court orders and search warrants to hunt for government officials who make “unauthorized disclosures” to journalists.

New regulations announced by Bondi in a memo to staff, obtained Friday April 25 and published April 26 by The Associated Press, rescind a Biden administration policy that protected journalists from having their phone records secretly seized during leak investigations — a practice long decried by news organizations and press freedom groups.
The new regulations assert that news organizations must respond to subpoenas “when authorized at the appropriate level of the Department of Justice” and also allow for prosecutors to use court orders and search warrants to “compel production of information and testimony by and relating to the news media.”https://wnanews.com/2025/04/28/ap-us-department-of-justice-to-resume-seizing-journalists-records/

Journalist Protection Act Both Referred to Committee.

US HR3203 and US S1601

These companion bills create new federal criminal protections for journalists by establishing specific penalties for assaulting individuals engaged in newsgathering. The bill defines a “journalist” broadly as someone who works for a news organization or service and actively gathers news with the intent to disseminate information about events of public interest, including those working for newspapers, websites, TV, radio, and other media platforms. Under this legislation, individuals who intentionally cause bodily injury to a journalist while they are performing newsgathering activities or with the intention of intimidating or impeding their work could face fines and up to 3 years in prison. If the assault causes serious bodily injury, the potential prison sentence increases to up to 6 years. The law applies to assaults that occur in or affect interstate or foreign commerce, and it requires that the perpetrator know or have reason to know the victim is a journalist. This bill aims to protect journalists’ safety and ability to report news by creating specific legal consequences for violent interference with their work.

Tennessee

“Wrongful foreclosure” is not a recognized cause of action in Tennessee

AI assisted with the summary.
In the Tennessee Supreme Court case Terry Case v. Wilmington Trust, N.A., decided on November 14, 2024, the Court addressed two significant issues: the recognition of a common law cause of action for “wrongful foreclosure” and the constitutional standing requirements for private rights claims in Tennessee.Tennessee Courts+11Tennessee Courts+11Tennessee Courts+11
Key Findings

1. No Common Law Cause of Action for “Wrongful Foreclosure”
   The Court held that Tennessee law does not recognize a standalone common law claim for “wrongful foreclosure.” Instead, individuals alleging improper foreclosure must base their claims on existing legal doctrines, such as breach of contract, statutory violations, or other recognized torts. The Court emphasized that the term “wrongful foreclosure” has been used in Tennessee case law but has not been established as an independent cause of action.
2. Constitutional Standing Requirements
   The Court clarified that, under the Tennessee Constitution, a plaintiff asserting a private right must demonstrate an “injury in law” to establish standing. This requirement is less stringent than the federal “injury in fact” standard. In this case, Terry Case was found to have standing because he alleged injuries to his property and contractual rights.

Procedural History
Terry Case had defaulted on his mortgage, leading to a foreclosure sale. He filed a lawsuit claiming “wrongful foreclosure” due to the defendants’ failure to provide written notice of the postponed sale, as required by the deed of trust. The trial court granted summary judgment in favor of the defendants. The Court of Appeals reversed, finding that the defendants did not comply with the notice requirements. The Tennessee Supreme Court granted review and ultimately reversed the Court of Appeals, holding that “wrongful foreclosure” is not a recognized cause of action in Tennessee .Tennessee Courts+2Tennessee Courts+2Findlaw+2Findlaw+4The Wilson Law Group+4Tennessee Courts+4

Implications
This decision clarifies that individuals challenging foreclosure actions in Tennessee must rely on established legal claims rather than an independent “wrongful foreclosure” cause of action. It also provides guidance on standing requirements for private rights claims under the Tennessee Constitution, potentially influencing future litigation strategies in the state.
For a complete understanding of the Court’s reasoning, you can read the full opinion here: Tennessee Courts.