In Michigan, A New Bill Offers Many Options in Place of Publishing Legal Notices in Newspapers. Maryland could follow.

HAT TIP: LEGAL NOTICE ONLINE 

In Michigan, A New Bill Offers Many Options in Place of Publishing Legal Notices in Newspapers. Maryland could follow.

This week, Michigan State Representative Doug Geiss has introduced HB bill 4033 (full text below) which provides cities the choice of publishing notices in a prominent place in the office of the City Clerk AND one of the following ways instead forcing them to incur the cost of printing them in the newspaper:

 

• ON THE HOMEPAGE OF THE CITY'S WEBSITE UNDER A SECTION LABELED FOR LEGAL NOTICES
• ON THE HOMEPAGE OF THE WEBSITE OF THE NEWSPAPER DESIGNATED BY THE CITY AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION IN THE CITY UNDER A SECTION LABELED FOR LEGAL NOTICES.
• THE PUBLIC, EDUCATION, AND GOVERNMENT CHANNEL OPERATED IN THAT CITY.
• A PUBLIC OR COMMERCIAL RADIO STATION BROADCAST IN THE CITY.
• A PUBLIC OR COMMERCIAL TELEVISION STATION BROADCAST IN THE CITY.

Following on the heels of two bills being proposed in Virginia, this bill signifies the official kickoff of the Public Notice Bill Proposal season.

In other states, newspapers have successfully raised the issue that a public notice needs to be published by an independent third party (like a newspaper) to preserve impartiality. Newspapers make the argument to preserve the revenue. The point is valid and this bill does not completely address it.

It appears that legislators in Maryland are preparing to propose legislation to move notices out of the newspapers as well.

Below is the Michigan bill which has been referred to the Committee on Local Government.

A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 4t.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

SEC. 4T. (1) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED BY LAW AND NOTWITHSTANDING ANY CHARTER PROVISION OR ORDINANCE, A CITY THAT IS REQUIRED TO PUBLISH A LEGAL NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY MAY SATISFY THAT REQUIREMENT BY POSTING THE LEGAL NOTICE IN THE OFFICE OF THE CITY CLERK IN A PROMINENT PLACE VISIBLE TO THE PUBLIC AT ALL TIMES AND ON, BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

A) ON THE HOMEPAGE OF THE CITY'S WEBSITE UNDER A SECTION LABELED FOR LEGAL NOTICES.

(B) ON THE HOMEPAGE OF THE WEBSITE OF THE NEWSPAPER DESIGNATED BY THE CITY AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION IN THE CITY UNDER A SECTION LABELED FOR LEGAL NOTICES.

(C) THE PUBLIC, EDUCATION, AND GOVERNMENT CHANNEL OPERATED IN THAT CITY.

(D) A PUBLIC OR COMMERCIAL RADIO STATION BROADCAST IN THE CITY.

(E) A PUBLIC OR COMMERCIAL TELEVISION STATION BROADCAST IN THE CITY.

(2) THE LEGAL NOTICE POSTED IN THE OFFICE OF THE CITY CLERK AS PROVIDED IN SUBSECTION (1) SHALL BE NOTARIZED. THE CITY CLERK SHALL RETAIN A COPY OF THE NOTARIZED LEGAL NOTICE IN PERPETUITY, AND THE NOTICE MAY BE VIEWED BY A PERSON UPON REQUEST TO THE CITY CLERK.

(3) IF A CITY CLERK POSTS A LEGAL NOTICE AS PROVIDED IN THIS SECTION, THE CITY CLERK SHALL CREATE AND MAINTAIN A PERMANENT NOTICE LIST. A PERSON MAY MAKE A REQUEST TO THE CITY CLERK T BE PLACED ON THE PERMANENT NOTICE LIST TO RECEIVE BY REGULAR MAIL OR ELECTRONIC MAIL THE LEGAL NOTICES POSTED PURSUANT TO SUBSECTION (1). WITHIN 24 HOURS AFTER A LEGAL NOTICE IS POSTED IN THE OFFICE OF THE CITY CLERK AS PROVIDED IN SUBSECTION (1), THE CITY CLERK SHALL SEND TO EACH PERSON ON THE PERMANENT NOTICE LIST BY REGULAR MAIL OR ELECTRONIC MAIL A COPY OF THAT LEGAL NOTICE.

4) IF A CITY CHANGES THE METHOD BY WHICH A LEGAL NOTICE IS PUBLISHED OR POSTED AS PROVIDED IN THIS SECTION, THAT METHOD FOR PUBLISHING OR POSTING A LEGAL NOTICE SHALL BE MAINTAINED BY THE CITY FOR NOT LESS THAN 1 YEAR AND THAT METHOD FOR PUBLISHING OR POSTING A LEGAL NOTICE SHALL CONTINUE TO BE USED BY THE CITY FOR NOT LESS THAN 30 DAYS AFTER ANY ADDITIONAL CHANGE IS MADE TO THE METHOD BY WHICH A LEGAL NOTICE IS PUBLISHED OR POSTED IN THE CITY.

(5) IF A CITY CHANGES THE METHOD BY WHICH A LEGAL NOTICE IS PUBLISHED OR POSTED AS PROVIDED IN THIS SECTION, THE CITY SHALL PROVIDE NOTICE OF THAT CHANGE BY USING THE MOST RECENT METHOD THAT THE CITY USES FOR PUBLISHING OR POSTING LEGAL NOTICES.

To read how other states are addressing this issue Click HERE

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