Townships in Ohio are seeking the same power already granted to municipalities in the state: The power to publish notice via the Internet instead of a local newspaper.
Introduced late last week, a new bill, HB-315, would expand townships’ public notice options beyond print, allowing them to post notice on their own websites and social media accounts, or on the Ohio News Media Association’s statewide public notice site. It adopts the same language as HB-33, legislation enacted this summer authorizing cities and villages — “municipalities” under Ohio law — to publish notice online. HB-315 duplicates HB-33’s statewide website option even though ONMA announced after the latter bill passed that without major upgrades the website isn’t capable of accepting ads directly from customers.
Ohio enacts law curtailing newspaper notice
This story was originally published on Sept. 25 and was updated on Oct. 3. New material is italicized.
Last month, we reported that through the end of the summer there were no states that had approved legislation significantly altering their public notice laws. We were wrong.
Unbeknownst to most in the newspaper business, two months earlier Ohio Gov. Mike DeWine had signed into law measures buried within the legislature’s 6,198-page budget bill that will bring sweeping changes to the state’s public notice regime. DeWine signed the bill less than a week after it passed both the GOP-dominated state House and Senate by wide margins on June 30.
Public notice picture coming into focus
With only eight state legislatures still in session the legislative die for 2023 has largely been cast. There’s always a chance that one of those states could still make mischief, but when the calendar turns to Dec. 31 it’s likely we’ll be able to say it was a pretty good year for public notice.
PNRC has been tracking approximately 230 bills introduced this year that have at least a minimal connection to public notice law. Forty-eight have been signed into law. Of those 48 bills, 13 will probably have a slightly negative effect on government transparency while the impact of about 20 others will be moderately positive. The remainder will have little to no substantive effect.
Louisiana begins transition to newspaper websites
Last week, Louisiana became the first state to pass a law that will eventually make newspaper websites the primary platform for public notice. HB-650 requires local governments to post their notices on official newspaper websites beginning in 2027. They’ll also be required to publish print notices describing the subject matter and location of the online notices, but — in a reversal of present custom — the print ads will be free and the online notices will be the ads they pay for.
HB-650 passed both houses unanimously and is expected to be signed by Gov. Jon Bel Edwards when it reaches his desk.
Several eligibility and self-storage bills advance
It’s the time of year when many states have either ended their legislative sessions or are preparing to adjourn sine die in the next month or so. We’ve also passed the point in most states when new bills can be introduced or existing legislation that hasn’t passed out of the body in which it was introduced can be considered in the opposite chamber.
Nevertheless, several noteworthy public notice-related bills we’ve been following did see some movement last month.
Most importantly, bills in Arizona and Iowa authorizing local governments to publish notices on government websites instead of newspapers were significantly amended before they passed their original chambers.
Trends emerge in public notice bills
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.
Newspapers battle in 2 states over right to publish notices
Most states require newspapers to have paying subscribers to publish notices but at least a few grant that authority to free-distribution papers as well. Those requirements don’t change very often which is why it’s so unusual to have two states considering legislation this year that would allow free papers to publish notices.
The newspapers supporting the measures in both states were founded by entrepreneurs in communities where the paid-circulation newspapers have experienced multiple rounds of layoffs and cutbacks in recent years. Taking the other side of the debate are the states’ press associations, both of which oppose the bills.
Newspaper notice targeted in multiple states
Bills have been introduced in at least 15 states allowing or requiring official notice to be published on various platforms other than local newspapers. That’s significantly more legislative activity focused on replacing newspaper notice than last year and approaches the level of the previous election off-year of 2021.
What happens after the bill passes?
For over 20 years, newspapers and their state press associations turned back every bill that authorized government units to issue public notice via their own websites instead of local newspapers. That winning streak ended last year when the Florida legislature gave state agencies and local governments the option to post notices on county websites.
The new law, which took effect on Jan. 1, has one upside. It set in motion a vast experiment that will tell us what local governments do when given this choice. Five weeks into the new year an answer is beginning to emerge: It depends primarily on the motivations of local elected officials and the actions local newspapers take in response to the challenge.
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.