Public notice legislation introduced so far in 2024 suggests state legislatures are growing increasingly comfortable having news websites serve as an alternative source of official notice. And that comfort seems to have cooled their ardor for moving notices from newspapers to government websites.
As of the end of last week, new legislation authorizing local news websites or newspaper websites to provide statutory notice in lieu of print had been introduced in at least six states, while bills sanctioning the move from print newspapers to government websites had been introduced in only two states — and one of them is already dead.
Few local governments in South Dakota use state portal to post public information
Jackson County government officials don’t post public information on the internet.
The rural western South Dakota county, which serves roughly 2,800 residents spread over 1,871 square miles, doesn’t have a website.
And it doesn’t intend to, County Auditor Vicki Wilson said.
“It takes more time than we have staff,” she said.
State government offers a potential solution, but Jackson County isn’t using it. Nor are most other South Dakota counties, cities or other local governments.
It’s a website created by the Gov. Kristi Noem administration in 2021 where local governments can voluntarily upload their meeting notices, agendas and minutes, without having to manage their own website.
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.
Midwest press groups seek to modernize public notice laws
(This article was corrected on April 28, 2022. See below for corrections.)
Press associations in four midwestern states are supporting bills that would update their states’ public notice laws.
Legislatures in Minnesota and Nebraska are considering bills that would require newspapers to post all notices on their press association’s statewide public notice website. Also in Minnesota, and in Missouri, lawmakers may respond to an evolving local media environment by relaxing standards newspapers must meet to qualify to publish notices. And in South Dakota, the legislature has already passed a bill with primary elements identical to the legislation being considered in Minnesota.