Two nearly identical public notice bills have been introduced in North Carolina. Both bills would allow multiple counties, and the municipalities within those counties, to adopt ordinances authorizing them to move their notices from newspapers to the county website. H35 would apply to 11 counties and HB51 would impact 13 others.
Their Republican sponsors (one co-sponsor is a Democrat) structured the bills so oddly to avoid the almost-certain veto of Democratic Governor Roy Cooper. In North Carolina, the governor can’t veto legislation filed as a “local bill”, and local bills are limited to 14 counties.
Bills eliminating newspaper notice introduced in 10 states
PNRC is presently tracking about 60 different public notice bills introduced in 22 states so far in 2021. (We categorize all legislation that has any impact on public notice laws — even a minor impact — as public notice bills.)
Legislators in ten of those states have introduced bills that would move all or a significant percentage of notice from newspapers to government websites.
[See 2021 public notice legislation map]
Effort to end newspaper notice in Michigan falls short
Two months ago, Michigan appeared to be in grave danger of moving its notices from newspapers to government websites.
As one of his final acts as a state legislator, now-former Michigan House Speaker Lee Chatfield, R-Levering (pictured at right), led the move to eliminate newspaper notice in the state. Chatfield, who would be term-limited out of office on Dec. 31, had pursued that goal since he was elected to the House six years earlier. He made it one of his priorities for the brief lame-duck session that followed the Nov. 3 election.
Public notice in grave danger in Michigan
Earlier the same week he visited the White House as part of Donald Trump’s ongoing effort to overturn the results of the presidential election, Michigan House Speaker Lee Chatfield, R-Levering (pictured at left) saw members of his caucus introduce a legislative package he hopes is the capstone of his half-decade project to move public notice in the state from newspapers to government websites.
It’s an unusual package of 105 separate bills that eliminate particular government notices — e.g., local government meetings, publication of new ordinances, etc. — spread throughout the state’s code. The bills are “tie-barred” to a single proposal, House Bill 6440, designed to serve as Michigan’s new general public notice statute. The tie-barred bills will only take effect if HB6440 passes.
Wyoming moves step closer to cutting newspaper notice
Wyoming’s joint Corporations, Elections & Political Subdivisions Committee voted narrowly last month to sponsor legislation in the 2021 session that would allow cities and counties to move notices for meeting minutes and employee salaries from newspapers to their own websites. The committee advanced the bill on a 7-6 vote after hearing testimony that it would save cash-strapped local governments $400,000 in annual expenditures. Six Republicans and the only Democrat on the committee voted in favor of the bill.
Interim committees signal potential trouble ahead
Many in the newspaper industry are wondering how public notice laws will fare in light of the fiscal crises precipitated in many states by the pandemic. Interim committee hearings last month in Wyoming and Arkansas suggest the answer may depend, at least in part, on the size and scale of each state’s budget deficit.
The Sept. 11 hearing in Cheyenne left Wyoming Press Association (WPA) Executive Director Darcie Hoffland in a state of heightened concern. By a 10-3 vote, the joint Corporations, Elections & Political Subdivisions Committee approved a motion to direct the Legislative Service Office to draft a bill that would move notices for meeting minutes and government-employee salaries from newspapers to local government websites. [CORRECTION: An earlier version of this story mistakenly stated the motion was “to introduce a bill next session” that would move the notices.]
Which public notice bill will become law in Kentucky?
It’s been over a month since the Kentucky legislature passed two different, slightly conflicting public notice bills. There has been some confusion about which one will become law when the current statute sunsets on June 30, but that question appears to have been answered last week.
When we last left the Bluegrass State, HB195 had been vetoed by Gov. Andy Beshear (D) and HB351 had not. The governor later used his line-item veto to strike a number of provisions in HB351, a budget bill, including those relating to public notice. The Republican-dominated legislature ultimately overturned both of Beshear’s vetoes.
New Kentucky public notice law maintains status quo ante
After following a convoluted path that included two different bills, half a dozen amendments, five floor votes and a grand compromise, the Kentucky legislature passed a bill last week ensuring that the state’s public notice law would remain mostly unchanged.
The original public notice provisions of both HB195 and HB351 would have moved all government notice in the Bluegrass State from newspapers to government websites. Following a compromise earlier this year between the Kentucky Press Association (KPA) and the associations representing cities and counties in the state, HB195 was amended to exclude counties with population under 80,000. That amendment brought it closer to the state’s current law — passed two years ago and due to sunset this summer — which allows counties with population above 90,000 to run notices on their own websites; decreasing the population threshold by 10,000 would have increased the number of website-notice-only counties from eight to ten.
The Kentucky Compromise
Republican domination of Kentucky’s statehouse has not been a positive development for the Bluegrass State’s public notice laws, which have been under siege for the better part of the last decade. The fight came to a head in 2017, when the GOP assumed majority-party status in both chambers for the first time in the state’s modern history.
After failing to move public notice legislation via the normal committee process in 2017, state Senator Chris McDaniel (R-Covington) added language to a budget bill authorizing local governments in counties over 90,000 in population to publish most government notices on their own websites. McDaniel’s amendment also allowed school districts in the state to publish annual financial statements on their websites instead of newspapers. The bill eventually passed both the House and Senate, but former Governor Matt Bevin vetoed it because it raised taxes. His veto was overridden.
Property owners in Cape Coral get a rude surprise
In an unsigned editorial last month opposing Florida bills S1340 and HB7, the Lehigh Acres Citizen described a recent situation in which local residents were outraged to learn about zoning changes that normally would have been noticed in a newspaper, but weren’t.
In its opinion piece, the Lee County paper noted that proponents of moving notices to government websites say it would save money.
If government-website notice is cheaper, the Citizen asked, why isn’t it better? It then answered that question by describing what happened last year when the city of Cape Coral was allowed to overhaul its comprehensive plan without publishing a notice.