SB 141 (2026 Regular Session) — AN ACT relating to legal advertisements
Kentucky
Summary
SB 141 seeks to reform how legally required advertisements are published by clarifying definitions, expanding permissible publication methods, and refining publication requirements across local governments. The bill also aligns certain advertising rate provisions to ensure public agencies receive favorable terms and posting opportunities on public notice platforms.
Purpose and intent
- Update and streamline the publication of legally required notices (e.g., tax rates, budget hearings, district actions).
- Modernize publication options by permitting digital newspaper publication and public notice websites while preserving traditional newspaper publication where feasible.
- Enhance public access to notices via online repositories and statewide notice websites.
Key provisions and changes
1) Definitions and publication scope (KRS 424.110)
- Rewords and consolidates terms:
- Advertisement: any matter required by law to be published.
- Publication area: geographic area for which publication is required.
- Published statement of ownership: annual PS 3526 filing (newspaper).
- Zoned edition: a weekly edition focused on a geographic region.
- Clarifies when an advertisement is deemed for a particular local area.
2) Publication requirements and alternative methods (KRS 424.120)
- Establishes newspaper qualifications for publishing in a required publication area, including:
- Publication area relevance, regular issue status, bona fide circulation, and minimum content standards.
- Preference rules when multiple eligible newspapers exist, prioritizing paid circulation and total reach (print plus digital) as shown in ownership statements.
- Alternative publication procedures:
- If no suitable newspaper serves a county, use an adjoining county’s qualified newspaper or the statewide alternative publication provisions (KRS 424.145) by posting to a public website.
- Allows a paid-subscription digital newspaper meeting specific criteria to satisfy publication requirements, including posting notices on a statewide public notice website hosted by the Kentucky Press Association or successor organization.
- Effective publication date can be the first online posting if published online before other statutory publication milestones.
- An advertisement may be posted on a public notice website and publicly accessible repository, with monthly posting obligations to promote the statewide notice site (minimum four times annually).
3) Error remedy (KRS 424.147)
- If a newspaper errs or fails timely publication, affected jurisdictions may remedy by publishing on a notice website, which then satisfies timing requirements.
4) Display and rate provisions (KRS 424.160)
- Maintains newspaper advertising rates: per column inch, with the rate capped at the lowest non-contract classified rate or the lowest rate in KRS 424.215, whichever is lower.
- Public agencies must receive volume discounts and mirror terms offered to commercial advertisers.
- Requires at least 30 days’ notice to public agencies before any rate increase.
- Display advertisements and related rate governance apply where display forms are required.
5) Tax and financial provisions (Sections 5–7)
- Aligns with existing compounding rate concepts (compensating tax rate) for cities, counties, and special districts.
- Requires public notice and hearings for tax-rate proposals exceeding the compensating tax rate, including two successive newspaper advertisements with required content, or alternative mail notices.
- Recalls and public hearing requirements mirror current statute, with specified timing windows for notices and hearings.
- Defines ad content for recall thresholds and notice requirements, including notices for real property tax changes.
6) Education property tax (KRS 160.470)
- Maintains protections around school district tax rates, with guidance on permissible rates relative to the compensating tax rate and prior year rates, including public hearing and notice requirements.
7) Local government fiscal procedure alignment
- References to annual budgeting processes for districts and reporting to the Kentucky Board of Education.
Affected entities
- Local governments: cities, urban-county governments, county fiscal courts, school districts, and special purpose governmental entities.
- Newspapers and digital newspapers meeting the established criteria.
- The Kentucky Press Association and successor public notice platforms.
Timeline and procedural notes
- The bill introduces or clarifies posting timelines (e.g., first print edition post after receipt of information; website posting within defined windows).
- Public hearings and advertising timelines for tax and budget actions are reinforced with specific minimum/maximum intervals between notices.
- If newspapers fail, remedial postings on public notice websites provide an alternative path to compliance.
Estimated fiscal impact
- Local government impact is described as minimal but positive, potentially reducing advertising costs for public agencies due to rate provisions and broadened notice options.
Notes
- SB 141 is designed to modernize legal advertisement practices while preserving public access and ensuring timely dissemination of required notices. It provides a framework for digital notices and a centralized public notice website, in addition to traditional newspaper publication.
