A bill revising how legal notices are published in Colorado newspapers is heading to the House floor Tuesday, where lawmakers are expected to debate a contested amendment that passed through committee last week.
House Bill 26-1095 cleared the House Transportation, Housing and Local Government Committee on Feb. 25 with two amendments. One was supported by special district advocates, and the other was backed by the Colorado Press Association.
The press association said it supports the bill only if lawmakers remove the first amendment and keep the second.
“We've talked with a number of legislators, and it may get stripped of the first amendment on the floor,” said Tim Regan-Porter, CEO of the Colorado Press Association. “I think we have a path and key supporters. So, I feel pretty optimistic. But you never know until it's done.”
Initially slated for debate Monday, lawmakers postponed debate until Tuesday. Tuesday’s debate will determine whether the disputed amendment remains.
The bill has evolved since it was introduced earlier this session by Rep. Larry Don Suckla, R-Cortez, of District 58.
The proposal initially allowed governments to choose between print or online publication of legal notices, drawing resistance from newspaper advocates and prompting negotiations and revisions. The association initially supported it with edits but declared opposition after new language emerged from special district groups.
Two amendments were adopted in committee Feb. 25, including Amendment 1, opposed by the Colorado Press Association. Amendment 1 would allow government entities in counties without a qualifying newspaper to publish legal notices on their own websites under certain conditions.
“It should never be on a government website only,” Regan-Porter said. He pointed to a core tenet of publishing legal notices in newspapers as guaranteeing the public record is kept by an independent third party.
Amendment 2, which the association supports, requires newspapers to post printed legal notices online in front of the paywall. Current law states notices must be published in print in a qualifying newspaper that meets paid-circulation standards.
Legal notice law, spread among different Colorado statutes, is complex. It sets requirements for cities, counties and special districts and, in some cases, private companies, with scenario-specific rules and compliance obligations. The purpose is to ensure residents can access records of government actions.
Zoning changes, foreclosures, tax sales, budget adoptions and elections all require notice. Court systems depend on them, as newspapers provide affidavits proving that specific notices ran on exact dates.
Legal notice policy debates periodically resurface in Colorado and other states, often centering on public access, government costs and financial impacts on local newspapers.
Earlier this year, Suckla introduced House Bill 26-1095, aiming to expand online access by requiring newspapers to post all printed notices on their websites, a practice The Journal and other Ballantine Communications Inc. newspapers already follow.
Suckla said part of his bill addresses the digital age. He said he believes it may bring more traffic to local news sites and ensures public notices are available without extra cost to readers.
“The whole reason is poor vs. rich. Some people can’t afford a subscription, so this is just a way for those folks to still see a public notice online,” Suckla said during an earlier interview with The Journal. “Everybody’s got a phone, and they can also go to McDonald’s or the library and still access the internet for free.”
However, The Journal and other Ballantine Communications newspapers – The Durango Herald and the Tri-City Record – already post public notices for free online, in front of the paywall. The newspapers also publish them in printed editions.
Ballantine Communications CEO John Blais said the company works to make legal notices easier for readers to find on its website, including adding clearer navigation tools.
“They won't just have to go to our classified section,” he said. “A non-subscriber or a non-paying reader will not be able to access our E-edition, but they'll be able to get the public notices from our public notice page on our website.”
Online readers of the newspapers now have a “Public Notices” tab in the black bar at the top of the homepage at the-journal.com. Readers who click the words “Public Notices” tab will go directly to the page that contains all public notices.
Legal notices are a requirement in every state, and attempts to change or weaken them come up regularly. Lawmakers came close to dismantling some requirements of counties to publish financial records in 2018 – but the law did not pass after it was vetoed by then‑Gov. John Hickenlooper.
The counties requested the bill to save on costs.
This year, the bill’s original draft would have allowed governments to choose between publishing legal notices in print or online. The press association called this approach problematic in the long term. Negotiations over amendments began between the press association, special district groups and legislators.
Lawmakers later introduced language favored by special districts that would allow government entities in counties without a qualifying newspaper to publish notices on their own websites under certain conditions.
A second amendment proposed by the press association added a requirement for both print publication and free online access outside a paywall.
It is Amendment 1 by special districts that the press association opposes and has urged members to contact legislators to voice concerns. Regan-Porter said Amendment 1 weakens oversight, conflicts with a similar Senate bill and contains vague wording, with key terms loosely defined, creating opportunity for confusion or loopholes.
During the House Transportation, Housing and Local Government Committee hearing, both amendments were adopted. Rep. Kenny Nguyen, D-District 33, a new sponsor of the bill alongside Suckla, addressed the committee and said he supported Amendment 1.
“This amendment opens the door for larger conversation regarding posting public notices,” Nguyen said, adding that it applies only in counties where no newspaper exists and would not cost newspapers revenue.
Committee members questioned whether the amendment was necessary, noting that Senate Bill 26-061, which passed a Senate committee the same morning, also addresses situations in which no newspaper exists.
Nguyen acknowledged there “might be some duplicity,” but said he still believed the amendment was necessary. Some lawmakers expressed frustration that stakeholders were not aligned.
“I’m a little frustrated. We have two amendments, and one stakeholder is excited about that amendment, but then if the other amendment happens now, they're not happy anymore,” said Rep. Amy Paschal, D-District 18.
Paschal added: “Y’all went off with a homework assignment, and you didn’t quite get it right.”
Despite concerns, Amendment 1 was adopted on a 7-5 vote, and the bill, with both amendments, moved to the House floor.
Timeline: HB 26-1095 and Legal Notice Changes in Colorado
Background
Lawmakers periodically propose changes to Colorado legal notice laws. Legal notices are required for zoning changes, foreclosures, tax sales, elections and budgets. Newspapers act as third-party record keepers for government action.
Beginning of 2026
Rep. Larry Don Suckla, R-Cortez, introduced House Bill 26-1095 to change how legal notices are published in Colorado, aiming to expand online access.
Original bill language as of Feb. 2, 2026
Original language allowed government entities to choose between publishing legal notices in print or online. The Colorado Press Association opposed that option.
Amendment talks begin
Stakeholders and legislators began talks that led to two proposed amendments. The association said negotiations focused on keeping print notices while requiring a free online copy posted on news sites outside the paywall.
CPA position as of Feb. 24, 2026
CPA says it has not yet received the final wording of the proposed amendments.
CPA opposes Amendment 1.
CPA opposes original bill language.
Feb. 25, 2026
Amendment 1 introduced: Backed by special districts, the amendment would allow government entities in counties without a qualifying newspaper to publish notices on their own websites under specific circumstances.
Amendment 2 introduced: Supported by the Colorado Press Association, the amendment requires newspapers that publish legal notices in print to also make them available online for free, outside the paywall. This amendment also edits the bill title to “Concerning unpaid online access to public notices published in legal newspapers.”
The House Transportation, Housing and Local Government Committee adopts both amendments. Amendment 1 passes on a 7 – 5 vote, Amendment 2 passes without objection, and the bill advances.
CPA announces position as of Feb. 27, 2026
CPA says it opposes the bill if Amendment 1 is not removed.
March 2, 2026
Senate Bill 26-061 passes with amendments, creating possible overlap with HB 26-1095.
awatson@the-journal.com
