ORS Chapter 193

OREGON STATUTES AND CODES

Chapter 193 — LegalNotices

2009 EDITION

LEGALNOTICES

MISCELLANEOUSMATTERS

NEWSPAPERPUBLICATION

193.010 Definitionsfor ORS 193.010 and 193.020

193.020 Newspaperin which public notice may be published

193.030 Newspaperin which district legal advertisements and notices may be published

193.040 Publicationon weekdays in daily paper

193.050 Noticeby telegraph

193.060 Computationof publication time

193.070 Proofof publication

193.080 Filingaffidavit of publication; original or copy as evidence

193.090 Compensationfor publication

193.100 Paymentfor newspaper publication of state laws or notices

RADIOAND TELEVISION BROADCASTS

193.310 Definitionsfor ORS 193.310 to 193.360

193.320 Radioand television broadcasts as supplement to newspaper publication

193.330 Referenceto candidate for public office prohibited; transcript available to public

193.340 Proofof broadcast

193.350 Selectionof broadcast stations

193.360 Paymentfor broadcasts authorized by state officer

NEWSPAPERPUBLICATION

193.010Definitions for ORS 193.010 and 193.020. As used in this section and in ORS193.020:

(1)“Bona fide subscriber” means a person who has been a paid subscriber for anuninterrupted period of 12 months, such subscription in no case to be over sixmonths in arrears.

(2)“Newspaper” means a newspaper of general circulation, published in the Englishlanguage for the dissemination of local or transmitted news or for thedissemination of legal news, made up of at least four pages of at least five columnseach, with type matter of a depth of at least 14 inches, or, if smaller pages,then comprising an equivalent amount of type matter, which has bona fidesubscribers representing more than half of the total distribution of copiescirculated, or distribution verified by an independent circulation auditingfirm, and which has been established and regularly and uninterruptedlypublished at least once a week during a period of at least 12 consecutivemonths immediately preceding the first publication of the public notice.Interrupted publication because of labor-management disputes, fire, flood orthe elements for a period not to exceed 120 days, either before or after anewspaper is qualified for publication of public notices, shall not affect suchqualification. [Amended by 1979 c.760 §1; subsection (1) renumbered 174.104 in1999]

193.020Newspaper in which public notice may be published. (1) Any publicnotice of any description, the publication of which is now or hereafterrequired by law, shall be published in any newspaper, as defined in ORS193.010, which is published within the county, city of which any part lieswithin that county, city, district or other jurisdiction where the action, suitor other proceeding is pending, or is to be commenced or had, or in which thelegal publication is required to be given.

(2)If publication in only one newspaper is required by law, and if more than onenewspaper fulfills the requirements of subsection (1) of this section, thepublic notice shall be published in that newspaper which the moving partyconsiders best suited to give actual notice. However, nothing in thissubsection prohibits the publication in more than one newspaper if desired bythe moving party.

(3)If no newspaper is published within the county, city, district or jurisdictionwhere the action, suit or other proceeding is pending, or is to be commenced orhad, or in which the legal publication is required to be given, public noticeshall be published in:

(a)The newspaper published nearest to such county, city, district or jurisdiction;or

(b)Any publication that is published in such county, city, district orjurisdiction and that satisfies all the requirements for being a newspaperexcept that it is published less than once a week but not less than once amonth.

(4)If more than one newspaper or publication fulfills the requirements ofsubsection (3) of this section, the public notice shall be published in thatnewspaper or publication which the moving party considers most effective forproviding actual notice. [Amended by 1963 c.432 §1; 1979 c.760 §2; 1983 c.831§1]

193.030Newspaper in which district legal advertisements and notices may be published. Legaladvertisements and notices for irrigation districts and road districts, thepublication of which is now required by law, shall be published in a newspaperwithin the district; and if there is no newspaper in the district, in thenewspaper nearest to the district affected. [Amended by 1973 c.57 §3]

193.040Publication on weekdays in daily paper. Where publication of any form of noticefor successive or consecutive days in a daily paper is provided for by statute,the publication of such notice on weekdays is a full compliance with suchstatute.

193.050Notice by telegraph. Wheneverany notice, information or intelligence, written or otherwise, is required tobe given, the same may be given by telegraph. The dispatch containing the sameshall be delivered to the person entitled thereto, or to the agent or attorneyof the person. Notice by telegraph is actual notice.

193.060Computation of publication time. The time for the publication of legalnotices shall be computed so as to exclude the first day of publication and toinclude the day on which the act or event of which notice is given is tohappen, or which completes the full period required for publication.

193.070Proof of publication.Proof of publication of a document or notice required by law, or by an order ofa court or judge, to be published in a newspaper, may be made by the affidavitof the owner, editor, publisher, manager or advertising manager of thenewspaper or the principal clerk of any of them, or the printer or the foremanof the printer, showing the same. The affidavit may be in substantially theform set forth in ORCP 7 F(2)(b) and shall have annexed a copy of the documentor notice. [Amended by 1979 c.284 §122]

193.080Filing affidavit of publication; original or copy as evidence. If an affidavitof publication is made in an action, suit or proceeding pending in a court, itmay be filed with the clerk thereof; if not so made, it may be filed with thecounty clerk of the county where the newspaper is printed. In either case, theoriginal affidavit, or if the same is filed with the clerk, a copy thereof,duly certified, is primary evidence of the facts stated therein. [Amended by1993 c.223 §6]

193.090Compensation for publication. (1) The compensation for thepublication of all public notices which are now or hereafter required by law tobe published shall be at a rate not to exceed that published by a newspaper asits open display advertising rate, that is, the per column inch rate chargedlocal advertisers not under contract to a newspaper for a fixed rate or minimumquantity of advertising. However, a newspaper shall grant its customarydiscounts or contractual rates to the county, city, district or otherjurisdiction which fulfills the requirements necessary to qualify for thediscounts or contractual rates.

(2)The published size of all public notices shall be determined by the personauthorizing publication of the public notice, but shall be designed to affordthe public reasonable ease in reading the information contained therein. Anypublic notice which must be typeset by the newspaper shall be in a type size nosmaller than that used by that newspaper in its regular classified advertisingcolumns, with spacing between lines and copy blocks commensurate with similartype matter. [Amended by 1963 c.576 §36; 1963 c.623 §1; 1971 c.295 §1; 1979c.760 §3]

193.095 [1967 c.283 §7;repealed by 1979 c.760 §4]

193.100Payment for newspaper publication of state laws or notices. When any law ornotice is published in any newspaper of this state, by virtue of any lawauthorizing any state officer to direct such publication at the expense of thestate, all charges for such publication shall be paid as provided in ORS293.295 to 293.462. The Oregon Department of Administrative Services shall drawa warrant upon the State Treasurer therefor, specifying the account upon which thewarrant is drawn. The treasurer shall pay the same in like manner as otherappropriations are paid. [Amended by 1983 c.740 §47]

193.110 [Repealed by1957 c.356 §1]

RADIOAND TELEVISION BROADCASTS

193.310Definitions for ORS 193.310 to 193.360. As used in ORS 193.310 to 193.360,unless the context requires otherwise:

(1)“Broadcast” means the transmission of information by means of radio ortelevision facilities.

(2)“Notice” means any notice that is required by law to be published.

(3)“Station” means any radio or television station licensed for commercialoperation by the Federal Communications Commission. [1967 c.63 §1; 1979 c.190§401]

193.320Radio and television broadcasts as supplement to newspaper publication. (1) Any stateor other public officer who is required by law to publish any notice maysupplement publication thereof by causing such notice or a concise summary ordescription thereof to be broadcast at such times and with such frequency asthe public officer determines suitable when, in the judgment of the publicofficer, the public interest is served thereby.

(2)Notices by political subdivisions of this state, cities, municipal andquasi-municipal corporations, special districts and other public agencies shallbe made only by stations whose primary broadcast coverage encompasses thecounty or counties in which the notice is required to be given. [1967 c.63 §3]

193.330Reference to candidate for public office prohibited; transcript available topublic.(1) In the broadcast of the notice or material under ORS 193.310 to 193.360 and251.295, no reference by name to any person who is a candidate for electivepublic office at the time of the broadcast shall be made.

(2)Each station that broadcasts any notice or material under ORS 193.310 to193.360 and 251.295 shall retain at its office a copy or transcription of thetext of the notice or material as broadcast for a period of six months afterthe broadcast. The copy or transcript shall be available for public inspectionat reasonable times. [1967 c.63 §4]

193.340Proof of broadcast.Proof of publication of the notice or other material under ORS 193.310 to193.360 and 251.295 shall be by affidavit of the owner, manager, assistantmanager or program director of the station, in substantially the followingform:

______________________________________________________________________________

AFFIDAVIT OFBROADCAST

Stateof Oregon, )

) ss.

Countyof ______ )

I,_____, being first duly sworn, depose and say that I am the owner, manager,assistant manager or program director of station _____, a radio (television)station broadcasting from _____ in the aforesaid county and state; thatthe notice (or other material) described as _____ was broadcast on thefollowing days: (here set forth dates and times when the same was broadcast).

________

Subscribedand sworn to before me _____ (Month) ___ (Day), 2___.

________

Notary Publicfor Oregon

Mycommission expires: ______

______________________________________________________________________________

[1967c.63 §5]

193.350Selection of broadcast stations. All public officials performingfunctions under ORS 193.310 to 193.360 and 255.510 shall select stations thatbest assure effective publicity for the notice or material being broadcast, basedon the nature of the notice or material being broadcast. [1967 c.63 §6]

193.360Payment for broadcasts authorized by state officer. When anybroadcast is made by order of a state officer where publication of the samenotice is made at the expense of the state, all charges for the broadcast shallbe paid as provided in ORS 293.295 to 293.462. The Oregon Department ofAdministrative Services shall draw a warrant upon the State Treasurer therefor,specifying the account upon which the warrant is drawn. The treasurer shall paythe amount in the same manner as other amounts owed by the state are paid. [1967c.63 §7; 1983 c.740 §48]

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