It used to be a relatively rare event when a bill remedying errors or omissions in public notice advertising was introduced. Or when legislation authorizing newspaper websites or e-editions to substitute for print was proposed. But those types of measures have proliferated in 2023, along with bills designed to fill jurisdictional holes in news deserts, which have been picking up steam for a few years now.
Public Notice Year in Review
When Gov. Ron DeSantis signed House Bill 7049 in May, Florida became the first state to enact a law allowing local governments to publish notices on their own websites rather than in newspapers.
But the big takeaway in Florida turns out to be that the passage of the bill was only the beginning of the story, not the end. Local governments in the Sunshine State don’t appear to be in a rush to abandon newspaper notice when HB-7049 takes effect on Jan. 1. In fact, the only county that has formally considered the issue decided to stick with newspapers. Public officials’ response to the new law is proving the enduring efficacy of providing official notice via local newspapers.
Poor customer service a threat to newspaper notice
Article III, Section 13(A) of Louisiana’s Constitution requires legislators to publish two notices in a local paper when they plan to introduce a “local or special law” in the state legislature. The notices must “state the substance of the contemplated law, and every such bill shall recite that notice has been given.”
So: No notice, no bill.
Some Louisiana lawmakers may have been prevented from introducing local bills this year due to a lack of notice. We know this because — much to the chagrin of the Louisiana Press Association (LPA) — it became a topic of discussion in the legislature during discussions over Senate Bill 101, which authorized self-storage facilities to advertise lien sales “on a publicly accessible website that conducts personal property auctions” in lieu of a newspaper.
The Constitutional Amendment Public Notice Snafu Blues
Former Pennsylvania Secretary of State Kathy Boockvar (pictured at left) may be the first elected official ever to resign for failing to publish public notice advertisements. Boockvar stepped down in February after her office missed a publication deadline and delayed the potential passage of a constitutional amendment by at least two years.
“An amendment had been on track for a likely vote on the May 18 primary ballot until it was revealed that the Department of State had missed a key legal advertising deadline, scuttling the proposal, and resetting the clock,” reported the Pennsylvania Capital-Star.