Ohio lawmaker's legal notice reform bill moving through House
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As reported in the Ohio Newspaper Association Bulletin this week: With the major issues now apparently resolved, Rep. Kathleen Chandler (D-Kent) presented sponsor testimony on HB 220 in a March 3 hearing of the House Local Government & Public Administration Committee. Chandler, who chairs that committee, told her colleagues of her participation in the Local Government Public Notice Task Force and the resulting recommendations that have led to the ONA-endorsed reform of public notice requirements.
Chandler also described the negotiations among interested parties in recent months, stating her intention to incorporate changes in a substitute version of the bill that will be presented to the committee at its next meeting on March 17. She told committee members that the purpose of the legislation is to “revise public notice requirements so as to continue to meet our responsibilities to the public, to provide cost savings to local governments and to better utilize modern technology.”
Among the major provisions in the substitute bill are:
• A new definition of qualifying newspapers which will allow for use of some free-distribution newspapers that meet six criteria including number of pages, percentage of editorial content, and proof of general circulation
• A general process in which first notice must be in a qualifying newspaper in its entirety and an abbreviated second newspaper notice that must be at least 50% of the size of the first notice and guiding readers to the complete notice on a local government Web site
• An allowance for using preprinted inserts for newspaper notices
• A requirement for the newspaper to use a government rate which is the lowest classified ad rate or lowest insert rate
• Retention of current law for delinquent property tax notices with a requirement that, for second publication of the list, a newspaper may not charge more than 75% of the cost of the first list and with an option for the county auditor to pass the cost on to those listed in the notice
In questioning Chandler, two committee members expressed concerns about going too far in reducing the use of newspaper notices. Rep. Clayton Luckie (D-Dayton) suggested more requirements be added to the provision allowing for abbreviated follow-up notices to ensure that critical information be included. Rep. Nan Baker (R-Westlake) questioned the wisdom of cutting back on notice requirements when governments should be “making sure constituents are aware of what’s going on.”
In interviews following the hearing, representatives of the County Commissioners Association of Ohio and Ohio Municipal League expressed their general support of the compromises agreed to for the substitute bill. ONA Executive Director Frank Deaner said “This is a fair and solid settlement as we attempt to ensure due process while working with local governments to reduce their costs and allow for the use of Web sites in posting notices.”
Chandler will continue hearings in her committee during March.[[In-content Ad]]
Chandler also described the negotiations among interested parties in recent months, stating her intention to incorporate changes in a substitute version of the bill that will be presented to the committee at its next meeting on March 17. She told committee members that the purpose of the legislation is to “revise public notice requirements so as to continue to meet our responsibilities to the public, to provide cost savings to local governments and to better utilize modern technology.”
Among the major provisions in the substitute bill are:
• A new definition of qualifying newspapers which will allow for use of some free-distribution newspapers that meet six criteria including number of pages, percentage of editorial content, and proof of general circulation
• A general process in which first notice must be in a qualifying newspaper in its entirety and an abbreviated second newspaper notice that must be at least 50% of the size of the first notice and guiding readers to the complete notice on a local government Web site
• An allowance for using preprinted inserts for newspaper notices
• A requirement for the newspaper to use a government rate which is the lowest classified ad rate or lowest insert rate
• Retention of current law for delinquent property tax notices with a requirement that, for second publication of the list, a newspaper may not charge more than 75% of the cost of the first list and with an option for the county auditor to pass the cost on to those listed in the notice
In questioning Chandler, two committee members expressed concerns about going too far in reducing the use of newspaper notices. Rep. Clayton Luckie (D-Dayton) suggested more requirements be added to the provision allowing for abbreviated follow-up notices to ensure that critical information be included. Rep. Nan Baker (R-Westlake) questioned the wisdom of cutting back on notice requirements when governments should be “making sure constituents are aware of what’s going on.”
In interviews following the hearing, representatives of the County Commissioners Association of Ohio and Ohio Municipal League expressed their general support of the compromises agreed to for the substitute bill. ONA Executive Director Frank Deaner said “This is a fair and solid settlement as we attempt to ensure due process while working with local governments to reduce their costs and allow for the use of Web sites in posting notices.”
Chandler will continue hearings in her committee during March.[[In-content Ad]]