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.
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.
PNRC issues self-storage flyer
In 2013, the Ohio Legislature passed a law giving self-storage facilities a choice of how to provide public notice of lien sales of the personal property of defaulting renters. Instead of requiring them to publish two ads about each sale in a local newspaper, the bill also gave them the option to advertise in “any other commercially reasonably manner.” The mode of advertising would be deemed reasonable if “at least three independent bidders attend the sale.”
This year, the self-storage industry is backing a new piece of legislation in Ohio. SB-79 would provide self-storage operators with even more flexibility. It would:
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.
New Book Explains How Public Notice Protects Integrity of Storage-Unit Auctions
Consumer and public safeguards in 46 states require operators of self-storage facilities to notify the public in a local newspaper before offering a renter’s goods for an auction after a default. But pressure on legislatures to eliminate this requirement have caused a handful of states to leave the notification requirement to the facility owners.
The Public Notice Resource Center’s (PNRC) new book, “Public Notice in Self-Storage: a winner for consumers, the industry and the public interest,” explains in detail the background and basis for the public notice. The book makes a solid case that when facility owners are left unregulated to set up their own auctions, advertise them as they wish and dispose of property, the public and consumers are the losers.