State legislatures have grown increasingly comfortable with the concept of transitioning public notice from printed newspapers to their digital versions. Nine states considered legislation in 2023 allowing some or all notices published in newspapers to be posted instead on newspaper websites. Eight states — including four new ones — have considered similar or identical bills in 2024.
More evidence for the trend: Legislation allowing local news websites or “online-only newspapers” to serve as public notice alternatives to newspapers have been introduced in six states this year. Several other states have considered or passed bills authorizing newspapers’ e-editions to do the same.
Maryland governor vetoes public notice bill, calls independent media ‘vital public interest’
As the Maryland-Delaware-DC Press Association (MDDC) had urged him to, Maryland Gov. Wes Moore last month vetoed House Bill 1258, which would have required Registers of Wills in each county to publish estate notices on a government website instead of local newspapers. The bill passed unanimously in both houses of the state legislature before it was vetoed.
In his extraordinarily frank veto letter, the governor acknowledged that existing notice requirements “present a financial burden on local and state governments as well as individual citizens.” But he argued that rapidly eliminating a significant source of advertising revenue like probate notices would endanger local newspapers, the survival of which he called “a vital public interest.”
Press groups in Minn., Louisiana turn the tide
April saw an uptick in legislative activity surrounding public notice issues as many states approached the date they’re scheduled to adjourn. Press groups in Minnesota and Louisiana found themselves in scramble mode as public notice bills they opposed began moving. Although neither situation has been completely resolved, they appear to be headed in the right direction for residents of each state who care about government transparency.
- Minnesota
Indiana adopts digital-newspaper notice
Indiana Gov. Eric Holcomb signed three bills last month that will impact the state’s public notice laws. When it takes effect on July 1, the most significant bill will make Indiana the first state to authorize government units to publish primary notice on some newspaper websites or e-editions.
House Bill 1204, which passed both the House and Senate unanimously, allows local governments and state agencies to circumvent the print editions of most newspapers by posting notices in one of their digital products as an alternative. However, the bill only applies to newspapers that distribute fewer than four editions per week; print will remain the exclusive means for government notice in papers that are published more frequently.
Public notice year in review
2023 was a lot like 2022: A pretty good year marred primarily by the vote of a GOP-dominated state legislature to allow some local governments to publish notice on their own websites in lieu of local newspapers. Last year it was Florida, this year Ohio.
Twenty-one states saw bills in 2023 that would have significantly curtailed newspaper notice, a number that is at the high end of the normal range for these kinds of bills. The only one to pass was Ohio HB-33.
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.