Modernization of Public Notice Laws in North Carolina

North Carolina’s Public Notice laws are antiquated laws without vendor or marketplace competitive models. North Carolina public notice law currently forces state and local taxpayers to spend millions of dollars annually on hardcopy newspaper legal notices that are non-searchable, hard to read, wasteful and reach fewer and fewer people each year.  Many of the public notice laws were established when printed papers were the only public media available. The public notice requirements in state law which always identify “publish in paid newspaper” have no basis other than to help the bottom line of newspapers in the State of North Carolina. The cost to taxpayers is determined by a monopolistic outdated business model and mainly from a single source provider. Many places no longer have daily newspapers.

Millions of dollars of government and taxpayer moneys are paid at all levels of government each year on public notices. Technology allows multiple avenues in obtaining and distributing information through various media outlets such as wireless, internet, radio, television and newspapers. North Carolina State Law should reflect these improved methods of communication by identifying alternative publication methods that are cost effective and technologically advanced. All public notices should only be published in outlets for which there is no charge to the consumer to obtain them unlike the newspapers which charge you to buy a paid paper to see the notice. The monopolistic approach of choosing only newspapers as the exclusive repository of public notices is bad government. Government officials need to start thinking about 2017 public notice laws instead of 1940 public notice laws. These laws were made well before the computer came into existence.

Here is a little question and answer from Howard Owens a digital media pioneer:

Q. How will citizens benefit from online legal notices?

A. Online publication opens up a wealth of opportunities for legal notice enhancements, from maps, links to related data, searching, greater and wider distribution (think Google), and continuous archives.

Q. But not everybody has access to a computer or the Internet. Won’t this deny those people an opportunity to view legal notices?

A. The flip answer is, not everybody reads a newspaper. The truth is, neither paper nor online have a monopoly on readership. Just as anybody can borrow a neighbor’s paper or go to the library to read a paper, everybody  has a friend or relative with online access and the library offers free online access.  For people with a real interest in online notice publication, such publication is equally accessible both online and in print.  The online advantage, if any in this regard, is that the notice is still easily available days later if you happen to throw out your newspaper before seeing an important notice.

 

It is time to overhaul the  N.C. Press Association Monopoly Protection Act because all it does is keep the State of North Carolina in 1940 standards when we need to understand it is 2017 time for the cities and counties who want to provide this information to the people do so without having to waste plenty of taxpayers money.

N.C. Press Assoc. Editorial Boards Starting Their Campaign To Keep The Monopoly on Public Notice in N.C.

Since the start of the 2015 North Carolina General Assembly we have seen 2 award winning head cheerleaders for the N.C. Press Association file bills in both houses to keep the Monopoly Paid Paper public notice laws stay the way they have been on the books since 1940's. Here is the post about this CLICKHERE

It is always great to see the N.C. Press Association come out with talking points for their constituents to editorialize in their own papers about this bill and how it is not about the money but we all know it is all about the money.For example here are some links to what I have been talking about
The Robesonian HERE
Hendersonville Lightning HERE

but the best post this past week from the N.C. Press Association Public Notice Monopoly goes to the Richmond County Daily Journal with a editorial from March 7, 2015 titled OUR VIEW: McInnis shows leadership on public notices CLICKHERE

Here is what was said in editorial
"The latest U.S. Census Bureau figures estimate that roughly a fifth of North Carolinians don’t have home Internet access. Taking legals out of the local newspaper would leave about 2 million Tar Heels in the dark."

So let's take what was said and turn it upside down for a minute. the census bureau is stating that 80% of North Carolinians have access to the internet. But we need to still have a state law that makes cities and counties have to spend money to publish in a dwindling customer base called a paid paper maybe only getting to 20% of the population in North Carolina as a yearly subscriber to a paid paper in their community.

This public notice law was put into the books on the 1940's well before the computer or the internet ever came into existence. Now in 2015 we have according to the Census Bureau 80% of population have home internet access in North Carolina. Let's save time and money and allow cities and counties all over the state of North Carolina use their own web sites to publish public notices.

It would be great to see our state representatives understand that wasting taxpayer money with a state law to a dwindling customer base is not the way public notices need to be delivered in the State of North Carolina just ask the triad business journal HERE with a title"Triad daily newspapers see continued circulation declines". they had that to report last year.

Public Notice laws should be the best way to get your message out to the biggest percentage of the population and as we see from the Census Bureau it is through the internet just like classifieds have practically left the papers for Craiglist. This is 2015 let's act like we know that a computer was invented and time to update these laws to allow this information to be made available online and not in a Paid Paper.

Public Notices in North Carolina Needs to Be Open To Weekly Newspapers With One Simple Fix

There has been a lot of talk about public notices in North Carolina with N.C. Senator Trudy Wade trying to get legislation passed to revamp public notice laws to 2015 standards not 1949 standards. There was a time where the only form to advertise public notices was in the local paper but now with the invention of the computer, smart phones and internet it is time to think differently.

Let's take some small steps in this process and the obvious is to get some wording taken out of the North Carolina General Statute. Here is what is written in the North Carolina General Statute 1-597
______________________________________________________________________________

§ 1-597.  Regulations for newspaper publication of legal notices, advertisements, etc.

Whenever a notice or any other paper, document or legal advertisement of any kind or description shall be authorized or required by any of the laws of the State of North Carolina, heretofore or hereafter enacted, or by any order or judgment of any court of this State to be published or advertised in a newspaper, such publication, advertisement or notice shall be of no force and effect unless it shall be published in a newspaper with a general circulation to actual paid subscribers which newspaper at the time of such publication, advertisement or notice, shall have been admitted to the United States mails in the Periodicals class in the county or political subdivision where such publication, advertisement or notice is required to be published, and which shall have been regularly and continuously issued in the county in which the publication, advertisement or notice is authorized or required to be published, at least one day in each calendar week for at least 25 of the 26 consecutive weeks immediately preceding the date of the first publication of such advertisement, publication or notice

_______________________________________________________________________________

 

Now as we see from this legislation that dates back to the 1940's it makes public notices have to be done in "Paid Subscribers" . Paid subscribers are papers like the Greensboro News and Record,Carolina Peacemaker, High Point Enterprise and Jamestown News in Guilford County.

 

We have a plethora of weekly papers that can provide public notices in Guilford County and they charge NOTHING to pick up a weekly paper but are locked out of the process because of this law that states it has to be a paid paper. Yes Weekly, Triad City Beat, Rhino Times and Northwest Observer are a few of the weekly papers in Guilford County that do a good job of informing us on local politics and should be able to provide public notices in this county. A great example of the absurdity of this law is the Northwest Observer which covers cities like Oak Ridge, Summerfield and Stokesdale and provides their papers for  FREE at no cost to the consumer . The cities I referenced have to go through the Greensboro News and Record to provide their public notices, when in reality it would be to the benefit of the citizens in Northwest part of Guilford County to get their public notices through the weekly Observer than News and Record because more citizens are getting home drop off of the weekly than subscribers to the News and Record in this part of county. State Representative John Blust tried to make his point on this but went on deaf ears to the state representatives who are scared to piss off the local newspapers to get negative press on them and to keep their monopoly on public notices because of outdated state law.

 

My suggestion as you can see in the above state law 1-597 is a small step but needs to be done in a county like Guilford who has weekly papers who can provide this information. We need to get a bill passed either local bill or statewide to take out "PAID SUBSCRIBERS" from the state law so that weekly papers can have a chance at providing this information to the citizens of Guilford County.

 

This is a small step to take out 2 words in a law but am sure the lobbyist and their state cheerleaders will fight this till the end. We will see what happens but hopefully we can get some traction with weekly newspapers all over the state and get a bill passed to take out "PAID SUBSCRIBERS" from NGS 1-597

 

 

Ohio Judge Rules That Free Newspapers Can Compete to Publish Legal Notices

HAT TIP : Legal Notice Online

Ohio Judge Rules That Free Newspapers Can Compete to Publish Legal Notices

A Common Pleas judge in Ohio has ruled that a free newspaper can publish legal notices in Darke County, Ohio. The Ohio statute, unlike most other states does not require explicitly that paid circulation publications are the only vehicle for public notices.  The statute was changed in 2011. The next step will be to allow online publications which have more readers and would lower costs for municipalities nationwide, the right to compete as well. Newspaper trade associations have lobbied successfully to keep notices in print. This case has already been appealed once and was remanded back to the trial court for procedural reasons according to an article in AP article in Columbus CEO Magazine . According to the article, this time when the case is appealed the court of appeals will need to address the actual statute.   As paid circulation publications continue to lose subscribers, perhaps free publications will provide greater access to the public for legal notices and save us all money.

Argument for Protest Petitions in North Carolina State Law by Ben Kuhn

 

We have come to find out that the Triad Real Estate and Building Industry Coalition also known as the "TREBIC CARTEL"  has successfully snuck in wording of a bill that will repeal the Protest Petition for good with no compromise or tweaking of this state law just a complete repeal. Here is a few reports linked from this week.

Charlotte Observer HERE

Greensboro News and Record HERE

 

The sponsors of this bill admitted an intent to reduce the bargaining power of neighborhood groups in zoning fights from the Durham Herald Sun . So now we know that neighborhoods all over this state don't have a chance against the Crony Capitalist and their lobbyist who are paid to sway minds and votes. If this repeal comes to fruition than you can kiss your neighborhood good bye when the commercial crony capitalist come a knockin.

 

Talked with Ben Kuhn who agreed to allow me to repost his argument FOR Protest Petitions in North Carolina State Law here is the post

 

 

The Argument For Protest Petitions

Article Date: Tuesday, December 10, 2013

Written By: Ben Kuhn

When a rezoning application is filed, nearby residents are often faced with potential development adjacent to their community that is in conflict with their expectations based on what has always been there and what previously could have been developed under the existing zoning. The rub ordinarily arises in situations where a rezoning proposed on an adjacent property will mark a stark contrast from the zoning and/or character of development of the property already existing next door. The impacts of such a rezoning on the neighboring properties can be significant. The results of such developments can and do affect neighboring property values. This can harm property owners and the community in general.

The developer, their lawyer, architect, land planner, traffic engineer, and others pursuing a significant rezoning case usually have regular professional interaction with staff and elected officials in a number of ways. They lobby and speak directly with planning staff and elected officials. They attend and network at Chamber of Commerce meetings, receptions, downtown booster events, holiday functions, professional development seminars, fund-raisers, UDO “charrettes,” etc. There they meet, discuss matters, spend time to gain trust, and achieve some level of familiarity with and among staff and elected officials. These same officials then make decisions on matters such as rezoning cases brought by developers which often affect people living next door more than anyone else. These interactions happen day in and day out all year, every year, and in this manner developers are able to address issues and respond to questions about specific rezoning cases much more deftly and directly than the ordinary citizen. This level of familiarity takes time and money — neither of which ordinary citizens possess in large measure. This is how the gears of local power often grind. I am not here to say that is bad, or there is anything wrong with developers and others seeking out such relationships and building influence in this manner. That’s the way the world turns and how one can legally influence how power is exercised.

However, no ordinary citizen can reasonably counter-balance such input and influence with just one vote for one town council member in a particular municipal district once every four years.  The ballot box is not much refuge for these impacted citizens when the issues before the larger electorate have little, if anything, to do with the major impact arising from one rezoning application voted on three years ago which has already resulted in a “monstrous” development being built next to their “little slice of heaven.” Realistically, few persons affected can vote in any particular election cycle for the elected official that represents their district (and perhaps for one or two at-large members on the ballot). Let’s be honest: That’s not much. Without the balance-shifting power of the statutory protest petition, there is little that one or a few neighbors can do to register their objection or opposition to a particular rezoning in a manner that can influence elected officials and protect their interests.

Our Legislature has therefore concluded that there must be a mechanism that gives residents a tool to balance such substantial influence and power as exercised by local elected officials at the behest and request of developers. At its core, the protest petition is a reasonable moderating influence to ensure that neighboring properties are zoned and developed in a cohesive and complimentary manner for the benefit of everyone in the community. It is designed to provide one power and advantage to the ordinary citizen, which if it did not exist, could result in those most impacted having little in their quiver to combat overwhelming development interests and municipal authority.

The protest petition and its 75 percent super-majority vote requirement reasonably readjust the scales when a developer requests elected officials to exercise their power to approve a zoning change. This is similar to what happens in the context of a variance application requiring a four-fifths vote to be approved.

A variance application basically requests that a city or town overlook technical compliance with an ordinance where strict compliance would present unnecessary hardship, and where the variance requested is consistent with the spirit and intent of the ordinance and is in the public interest. When an elected body is tasked with voting on a rezoning application in the face of a protest petition much the same forces are at play. The developer wants something different than what is then the written law of the land — i.e., the changed zoning status of the property in question. When asked to change a zoning classification in the face of opposition from those most directly affected, decision-makers should reasonably come to near consensus that the proposed rezoning serves the public interest and should be approved despite the serious impacts upon immediate neighbors arising from the decision.

Some suggest that fairness and balance exist due to public notice requirements, staff and planning board involvement, and public records laws. However, this ignores the fact that developers and their team of professionals are experienced in navigating these waters and have crucial input and influence at every stage of the process. The family at 742 Evergreen Terrace does not. They likely have never sat down and met with, or even spoken to, a town staffer, planning board or town council member — ever — about anything. The process is usually so foreign to ordinary citizens that they do not understand that even a decision as to when to file the rezoning petition has major implications.

There are numerous moving pieces to the decision-making process involving a rezoning. When a developer comes to town council with a proposed change that will alter the nature and character of an existing zoned property, that developer should be expected to bring their “A” game. Developers should (and some do) anticipate the reasonable concerns of neighbors such that the proposed changes will be welcomed by and benefit those affected. If this were done in every case, of course, the protest petition as a “citizen weapon” would rarely be pulled out of the bag.

However, until we arrive at a day when the developer, staff, planning board, town council, and affected neighbors can all be expected to waltz through rezoning proceedings “happily-ever-after” with everyone welcoming changes brought by someone who often has no connection to the impacted neighborhood other than a desire to reap benefit from its location and development potential, the protest petition is a tool that must remain in the bag to protect nearby property owners. As a realist, and perhaps jaded a bit by some of the rezoning and other land use disputes in which I have represented those who oppose a major zoning change, we are just not there . . . and probably never will be. Until then, the Legislature must continue to ensure that the protest petition is a tool available to protect the interests of North Carolina citizens.

Ben Kuhn is the owner of the The Kuhn Law Firm, PLLC and practices law in Raleigh. He can be reached at bkuhn@kuhnlawfirm.com

Newspapers Publishing “Public Notices”–Gov’t Subsidizing the Media

HAT TIP : Stephen Frank's California Political News

Government forces people to pay for ads in newspapers–”public notices”–that few read. This partially explains why newspapers do not take on city hall.  Government “certifies” which newspaper get the business and money–so shut your pages to exposing corruption and take the money and run.

There is an alternative being suggested in Arizona.  Put the notices on the Internet.  A dead tree paper is put in a bird cage or used to start of fire in the fireplace.  Put the “public notices”on the Internet and they will be found 24/7 and we save the environment.

If not, how about this:  “- A law that require them to publish public notices and take them to every home in the community whether or not the resident subscribes to the paper at no additional charge beyond the current prices.

- A law that would require their database to be indexed and searchable by Google and the other search engines, completely open to the public, and advertised via Google Ad Words and other online measures, and this cost should not be passed on to member organizations, subscribers or submitters.”

If it a public notice, the public should get it–all the public–force the newspapers to give away  the papers that publish the notices.

What do you think–free market for public notices or government making laws that use private money to subsidize dead tree’s?

 Newspapers: “It’s Not About the Money”

By Lynne LaMaster, Intellectual Conservative,  2/16/12

The Arizona legislature is considering a bill, HB 2403, that would remove the print newspapers’ monopoly on publishing public notices. Lynne LaMaster, who runs several eNews websites in Arizona, gave this speech today to the House Committee voting on the bill.

This entire experience has been very enlightening to me. I have learned far more than I ever imagined.

One of the most fascinating items I learned, is that according to the Newspaper organizations, this really isn’t about the money. It’s about their duty as “watchdogs” to protect the public interest by publishing Public Notices in their respective newspapers.

Therefore, if this measure doesn’t pass, may I suggest that an alternate piece of legislation be considered. This would be:

- A law that would require newspapers to publish public notices in the same font and using the same white space as is on their home page featured story, at no additional charge beyond current prices to either the submitter or the subscriber.

- A law that would require them to offer translations into Spanish or other common languages of the community when appropriate, publishing in both English and the other language at no additional charge beyond the current prices.

- A law that would require better formatting, links that are easily pulled out of the content maps and photos where appropriate at no additional charge beyond the current prices.

- A law that require them to publish public notices and take them to every home in the community whether or not the resident subscribes to the paper at no additional charge beyond the current prices.

- A law that would require their database to be indexed and searchable by Google and the other search engines, completely open to the public, and advertised via Google Ad Words and other online measures, and this cost should not be passed on to member organizations, subscribers or submitters.

I’d be willing to bet that if you were to consider a law such as the one I just outlined, you’d find the newspapers even more vociferously and vehemently opposed to that law than the one you’re considering here right now. Because we all know that it IS about the money and protecting their monopoly and power.

Of course, if you were to allow online publications to publish public notices, we could do all these things automatically. Because we are more than a simply a newspaper online. We know the Internet and its capabilities and we know how to use it properly, efficiently and effectively.

Raleigh News and Observer Tax Delinquency Bill to Wake County Citizens is ????????

$25,224 is the bill paid to the Raleigh News and Observer to post for only one day in paper the tax delinquency for Wake County N.C. in 2013. This state law needs to be repealed because the bigger counties in this state already have this information available for anyone to see 24-7 on their county web site. No need to waste taxpayers money on this state law that needs a complete overhaul.

Looking back at the other major counties Mecklenburg County had a bill of $83,049 while in the past Guilford County had a bill around $90,000 but went to a request process and now it is only close to  $5,500 in Jamestown News.

Citizens all over this state need to be aware of the wasteful spending that goes on daily at our local and state government and the need to overhaul state law to maybe understand that the internet can provide this information to 80% of our population saving taxpayer monies in the process. Having mandated state law to provide this information only in a paid paper is absurd. Time to understand it is 2014 and we have a computer to provide this information to the masses.

Charlotte Observer 2014 Tax Delinquency Bill $83,089 for 1 Day in Paper

 

Every year state law mandates that each county in the State of North Carolina provide a list of the tax delinquents for the previous year. Charlotte Observer's bill for 2014 =$83,089.

 

Taxpayers all over this state are getting hosed for having to pay this bill each year. In Guilford County they did it a little bit different because they were going way above and beyond to provide this information putting it in 3 newspapers Greensboro News and Record, High Point Enterprise and Carolina Peacemaker when in reality it only had to provide it in one publication. The Guilford County Commissioners finally made a request for proposal for this yearly bill and saved over $92,000 on this yearly hand out to the paid papers here is a link to that report CLICKHERE

 

Hopefully the citizens of Mecklenburg County can see what happened in Guilford County bid the process out and get the lowest bidder to provide this information. It will save plenty of taxpayers money in the process.

Modernization of Legal Notices and Advertisements Governor Chafee's Rhode Island Version

HAT TIP : LEGAL NOTICE ONLINE

Rhode Island Governor Chafee's Proposed Budget Assumes the End of Newspaper Legal Notice Requirement

The Providence Journal reports today that Governor Chafee's proposed budget contemplates the enactment of Article 22, "The Modernization of Legal Notices and Advertisements". Article 22 would replace the requirement to publish notices in newspapers with the option to post those notices online. Newspaper publishers across the state predictably oppose the measure to save cash-strapped municpalities, school districts, counties money. We estimate, extrapolating from information reported in other states, total spend for legal notices in print in Rhode Island is $3.4 million. No indication was given as to the timeline until Article 22 becomes law.

Greensboro VS. Charlotte or Charlotte Observer VS. Greensboro News and Record Topic: Rail Yards

December 27, 2013 front page of the Greensboro News and Record is this story

Greensboro Rail Yard Aids Local Access to International Markets

one small spot off of Merritt Drive HERE

then today we have this from the Charlotte Observer December 30, 2013

City Hopes New Rail Yard Kicks Off Boom Around Airport

in the observer article is this

"The hope is that improved roads and other infrastructure, such as water and sewer service, will attract more businesses, including manufacturing, trucking and warehouse companies. More than 5,000 acres of largely undeveloped land known as Dixie Berryhill sits west of the airport, and Charlotte Douglas is spending $35 million to buy a 370-acre neighborhood south of the rail yard.

Christine said about 25 properties in the neighborhood have been purchased, and an additional 60 are at the appraisal stage before the airport buys them. The plan is to raze the houses and use the land for businesses tied to the rail yard.

Charlotte’s capital improvement plan also includes $43 million worth of road improvements in Dixie Berryhill. Christine said his committee is looking at the best way to build those roads, which will also include modifications to straighten and expand existing roads.

A grand opening of the intermodal yard is planned for next year, said Norfolk Southern spokesman Robin Chapman. Most of the rails have been laid and rolling cranes are in place, but construction of buildings and support facilities is ongoing.
 The lot cost $92 million, including almost $16 million worth of state and federal grants. North Carolina and Charlotte also funded $9.7 million worth of road improvements around the rail yard, including a new interchange at Interstate 485 and West Boulevard that allows trucks easier access to the facility."_____________________________________________________________________________ Buying out whole neighborhoods for $35 million dollars. Will we ever see that happen in the Triad area around the airport?

Read more here: http://www.charlotteobserver.com/2013/12/30/4576495/city-hopes-new-rail-yard-kicks.html#storylink=cpy

Are Newspapers Crazy to Collaborate with Government on Bills to Reduce Legal Notices in Print? Crazy Like a Fox.

HAT TIP: LEGAL NOTICE ONLINE

Are Newspapers Crazy to Collaborate with Government on Bills to Reduce Legal Notices in Print? Crazy Like a Fox.

State press associations, if you read this blog, would rather block legislation to move notices online even if it saves the taxpayers' money so as to continue to reap revenue from printed public notices 

Wyoming's Press Association (which is populated by print newspapers) out of either common sense or a lack of resources, decided a year ago to try to forge legislation with Wyoming's Association of Municipalities that would reduce print requirements for certain notices according to the Trib.com  web site of the Star Tribune. While  these bills appear to reduce notices in print, the legislation thanks to the generosity of state legislators, could actually lead to MORE notices in print.

One must look closely at the bills as they may not exactly succeed in doing what they say they will. For sure, certain notices will be reduced. But these are notices that are published very infrequently... lists of names and pay scale of employees which normally were printed twice per year, will now be printed once per year.

In exchange, the newspapers have extracted a nice concession. Once per month, a general public notice must be published in print which alerts the readers to go look on the municipality's website for legal notices. These general notices are required to be published through 2016 which will generate additional revenue for the newspapers! We had originally thought that the press association's willingness to work collaboratively for this law was a sign of weakness, but it appears again that the newspapers, that fewer citizens subscribe to, have fleeced the taxpayers out of more of their money to publish in print, legal notices no one reads.

Why Shouldn't Public Notices Be Online?

HAT TIP: GILBERT WATCH
From a blog post titled "Why Shouldn't Public Notices Be Online?"

The question is, why should the government fund news organizations, anyway?

Arguments in Favor of Online Public Notices
The purpose of public notices is for public notification. What’s more public than the Internet? If placed properly online, the information can be searchable and indexed by search engines.
Public notices can be enhanced much more easily online. No more squint-to-read text. Online, it would be easy to add color if necessary, and photos when appropriate. If links to other information would be helpful, they can be added and made clickable. They can be formatted, headlines can be added easily and the content can become comprehensible with a decent layout. Public notices can even be placed in audio files for the disabled, if appropriate.
Public notices can be placed online at a much lower cost than in a newspaper. No ink, paper or distribution costs to pay for. Less waste to the environment.
Our local paper charges the City of Prescott $11 per column inch. Assuming that inch takes about 30 seconds to type in, it adds up to $1320 per hour.
Additionally, the public won’t have to purchase a newspaper to see the notification.
Government agencies and municipalities will save money if they can place their public notices online. Saved money just might end up being saved jobs.
The newspapers shouldn’t be given a free ride. Let them compete. Competition is good, it makes everyone better. Allowing online publication of public notices will simply level the playing field.
It’s time to level out the playing field. The Internet is the future. And that future is now. Nobody’s saying that one shouldn’t be able to publish in a newspaper, just that alternative options should be available.
So, now you understand why the newspapers are writing editorials and placing ads that read, “The fox shouldn’t guard the henhouse. Keep public notices in your local community newspaper,” or, “Don’t let government remove public notices from Arizona Newspapers… public notices need to be public.” After all, newspaper organizations have a monopoly to protect.
In conclusion, online public notices just make sense for almost everyone – except the newspapers. As one city official stated, “Online is easier, cheaper, greener and better. What’s not to like?”

Newspapers Defend Their Crony Capitalism: Outdated Monopoly on Public Notices

Rachel Alexander from town hall has a post titled

"Newspapers Defend Their Crony Capitalism: Outdated Monopoly on Public Notices "

Rhino Times Nails It in Regards to Our Local Paid Paper, N.C. Press Association Listen Up

John Hammer in this weeks edition of the Rhino Times Nails it again in a article titled "Wade Bad News for TECAN&R and CO."
In the article here is more in regards to the public notice bill #287 that our Guilford County Senator Dr. Wade has introduced for the senate that is on calendar for this coming Monday. Here is what was said:


The article and editorial had little to do with the White Street Landfill, but have a lot to do with hundreds of thousands of dollars of revenue that TECAN&R stands to lose if Wade is successful in passing Senate Bill 387 that eliminates a law that virtually requires the City of Greensboro, Guilford County and other local units of the state government to buy ads from TECAN&R.

Wade's bill – allowing local governments in Mecklenburg, Wake, Guilford, Burke, Graham, Haywood, Jackson, Macon, Swain and Union counties to post public notices required by law on their own websites rather than buying advertisements in paid circulation newspapers – passed the Senate Rules Committee on Tuesday, April 9, causing an uproar in the paid circulation newspaper industry.

Imagine what a great law that would be, regardless of what business you are in, if it required the city and county to do business with you. What if the state passed a law that Greensboro had to buy all of its coffee at a national chain of coffee shops that originated in Washington State and has a mermaid on its cups. Or what if the state had a law that all gasoline used by city vehicles had to be purchased at gas stations owned by a franchise that was started in Pennsylvania and sounds like a bad word mispronounced.

Can you imagine the outcry from the other coffee providers and gas stations? But the unbiased daily newspaper in town believes that local governments should be required by law to advertise public hearings, tax delinquencies and other such matters in the News & Record.

That is the kind of law that TECAN&R and every other major newspaper in the state has working for them. The law doesn't state that the City of Greensboro has to advertise in TECAN&R, but the way the newspaper where Greensboro has to advertise is defined, there is only one that meets all the criteria.

Wade's bill allows local governments to meet the legal requirement for advertising by placing a notice on its own website. It doesn't prevent any local government from running as many ads as it wants about anything, but local governments in Guilford the other counties will no longer be required by law to advertise in their local paid circulation newspapers.

The North Carolina Press Association is treating this bill like its First Amendment rights are being violated. But what the bill does is remove a government-sanctioned monopoly.

Since far more people have Internet access than subscribe to the daily newspapers, it seems like it is a way to reach more citizens. One of the arguments against the bill is that it is unfair to poor people because many can't afford a computer and don't have Internet access. That is true, but it is also true that not many poor people and very few homeless people subscribe to the daily newspaper.

This is a bill that will allow local governments to save hundreds of thousands of dollars. The other forms of notifying the public with signs on property to be rezoned and letters to nearby property owners remain unchanged. The bill only effects advertising in paid circulation newspapers.

The local government is free to experiment with notifying the public. In Greensboro a billboard on Battleground Avenue has attracted a lot of attention lately. Maybe that would be a good place to advertise an upcoming public hearing. Perhaps radio advertising would work, or even advertising in a free newspaper that is picked up and read by people all over Guilford County.
_________________________________________________________________________________

Well said Mr. Hammer and on a side bar the state bill is #287 not #387 that Mr. Hammer said in article. The N.C. Press Association  is having a conniption over this bill and here is a link to their effort to keep their government subsidized gravy train intact click on PATHETIC

N.C. Press Association Trying To Save Their Taxpayer Funded Gravy Train Otherwise Known As Public Notice Laws in North Carolina

 

 

HAT TIP CAROLINA PLOTT HOUND and link to a press release from the N.C. Press Association who are in a fight to keep their taxpayer funded paid paper monopolistic government subsidy on the books in the State of North Carolina. Below the fold we will do a little annotating in red against this letter from the N.C. Press Association.  

__________________________________________________________________________________

From the NC Press Association:

Senate Bill 186 comes up for a hearing next Tuesday, April 9, at noon at the Statehouse in Raleigh. PLEASE contact your local senators on this committee and ask them to vote AGAINST this bad bill.

Please also be ready, if you are able, to travel to Raleigh on Tuesday to help us fight this bill – we’ll watch for changes in the timing of the hearing and keep you posted. But if you can, please let me know if you CAN come to Raleigh next Tuesday! 

NCPA is preparing to file a piece of our own legislation next week aimed at ending the battle over public notices – for a while, at least. We’ll be sending details. But in the meantime, call and email your senators.

Oh boy cannot wait to see what legislation the NCPA is going to offer the citizens of North Carolina. Hopefully they will say we will provide these public notices for FREE since it is so important to the citizens . We will probably see some dumbass bill that will not save one bit of taxpayers money but will allow the newspapers to finally put public notices online like we see our neighbors to the west with the Dumbest Legal Notice Bill Yet , Newspapers Must Put Notice Online which Saves No Taxpayer Money and Mandates Nothing New.  

Here’s is NCPA’s stand on this bill

At a time when fellow Republicans are offering bills strengthening public records laws and opening the government to more transparency, it’s surprising and disappointing to see lawmakers take a stance that undermines one of the basic rules of open government – the people have a right to see what their government is doing in their name.

There is a new sheriff in town and he is not beholden to the liberal newspapers all over this state.

· Public notices need to be public. Putting them on an obscure government web site – and most are – suggest the public has no right to know what the government is planning. 

These obscure web sites are as easy as typing in your county or city into a google search which is not hard to do.

· Legislators many decades ago made it a legal requirement to run public notices in newspapers because newspapers were then and are now the first place the public looks for information about its government. . Newspapers run legal ads on their web sites as well these days – at no extra charge to the government, FYI – which adds a whole new audience.

This is not 1949 but 2013 these public notice laws were made well before the internet ever came into existence and having laws that say you have to be in a "Paid Paper" for a public notice is as outdated as these public notice laws are.

· Legislators also wanted the law to mandate running such ads to prevent back-room behavior – keeping business practices in the sunshine and under the watchful eye of the public, which pays the bills.

Now we have plenty of places where ads can be run from each city or county web site or some places in the State of North Carolina have a government access T.V. station that can provide this information without having to spend  additional taxpayers money in a paid newspaper.

 

· Many, many thousands of North Carolinians still don’t have affordable, easy access to internet service – how will THEY see these notices?

Many, many thousands of North Carolinians do not subscribe to the local newspaper as well , how will THEY see these notices?

· A government website is not free to the taxpayers, and running ads on government websites could COST taxpayers MUCH more. It requires the governmental body to spend time and money to ensure that the site is secure. The notice must be handled in an error-free manner and posted for the proper amount of time. Verification procedures must be in place. Affidavits may need to be provided in some cases. These are services that newspapers now provide to public notice customers.

It doesn't take a rocket scientist to post a public notice on a government web site and the cost is very minimal compared to how much money flows to the monopolistic paid papers and this government subsidized state law. Look at what the Wilmington Star News has planned and to get your public notice will not be free and cost you $119.40 for digital and home delivery $207 a year.A newspaper is not free either and only if you are a 7 day a week subscriber then you might miss that most important notice in the paper because the newspapers do not tell you when they are going to file a public notice it just shows up in back section of newspapers.

· What happens when a government entity runs a notice incorrectly? Lawsuits are sure to follow, and for smaller governments – that’s an unfunded mandate that carries a huge liability for government employees and the local residents.

What a complete crock of crap that talking point is. What has happened in past where newspapers run a notice incorrectly, please enlighten us on how many lawsuits have happened in the past 50 years because of a wrong public notice. 

· Who will monitor these ads to assure they comply with the law, and police them if they don’t? The government cannot police itself. History has proven that time and again.

What is there to police it is a public notice ad in a outdated form of notification called the "paid newspaper" which cost taxpayers in this state millions of dollars. Just in one county Guilford we have one public notice on one day that cost taxpayers $97,000 here is a link to that post CLICKHERE

 

Please let us know what you hear back – and as always, thank you for taking this fight on yet again! This is the sixth straight year and we have won over and over. That’s a streak worth fighting for!

Hopefully that streak is coming to a end and we will see the North Carolina Legislature start thinking it is now 2013 not 1949, it is time do away with these outdated public notice laws that were made well before the internet was invented and save taxpayers money in the process. 

Guilford County Rep. Jon Hardister Files Public Notice Bill #504 in House Side of North Carolina Legislature on April 2, 2013

 

Guilford County North Carolina State Representative District #59 Jon Hardister is a primary sponsor of House Bill #504 titled "local electronic notice". This bill on the house side along with the help of another Guilford County Representative in Senator Dr. Wade with her being a primary sponsor of bill #186 then to be safe she also filed a local bill in regards to public notice bills for Guilford County in bill #287 .

 

The House Bill #504 is a local bill and will only be a part of counties consisting of BUNCOMBE, GUILFORD, HENDERSON, MECKLENBURG, MITCHELL, PERQUIMANS, STANLY, SURRY, WAKE.

 

Triadwatch has devoted a lot of time to this issue trying to help save taxpayers monies that does not need to be spent. As I was quoted in a news article in the Greensboro News and Record on Monday April 1, 2013 in regards to the tax delinquency bill we pay in this county that cost us for one day close to $97,000, here is what I had to say;

 

"“It’s not 1949 anymore, it’s not 1969, it’s 2013,” Brown said Friday. “This information is already available online 24 hours a day from the tax department instead of one day a year in a newspaper advertisement that costs $97,000. Anyone who doesn’t have a computer or Internet can go to their local library and see this information.”

 

I would like to thank Rep. Hardister for being a primary sponsor on this bill and we see a change for the better in regards to public notices in this state and at the same time saving taxpayers monies on not having to publish in paid newspapers. If you would like to see more on this issue here are a few post

CLICKHERE

 

CLICKHERE

 and

HERE

 

and it also looks like the gloves are off and the N.C. Press Association has their

RED SIREN BILL ALERT in regards to House Bill #504 and Senate Bill #186 and they might need to know about Senate Bill #287 as well.

 

It will be interesting to see what happens but I urge all residents of any county in North Carolina to get in touch with your representative to let them know it is time to save tax money and pass these bills.

To get in touch with your representative you can see this interactive map titled

WHO REPRESENTS ME?

 

 

 

 

 

 

California Legal Notice Bill Gets It Right. AB 642 Allows Online News Organizations To Compete With Printed Newspapers for Public Notices

HAT TIP: LEGAL NOTICE ONLINE

 

California Legal Notice Bill Gets It Right. AB 642 Allows Online News Organizations To Compete With Printed Newspapers for Public Notices.

California Assemblyman Anthony Rendon may be new to his position, but he could teach a lot to , more experienced legislators about proposing an online public notice bill that makes sense. If the definition of crazy is doing the same thing over and over again and expecting a different result, then there are quite a few crazy legislators. For the past three years as we have covered over 40 proposed online public notice bills, virtually all of them have proposed to let the local government take over the publishing of notices. Each time the newspaper lobby alleges that there should be an independent third party to publish notices; and succeeds in killing the bill. Each time we concede that while the newspapers are correct in advocating for a third party, a possible solution would be to let online news organizations compete for these notices as there are already online news organizations publishing notices and doing a better job than the newspapers.

So while Rendon's bill No. 642 is similar to AB 1902 which was killed in the Assembly's Judicial Committee, maybe it takes a novice to get things done. The dead tree newspaper lobby has already started to use their bully pulpit to lobby against the bill with headlines like "Proposed Legislation Could Kill Newspapers"  Rendon's bill could save California's cash-strapped local governments over $40 million and provide wider distribution of local public notices. That sounds like a good bill.

In order to qualify to compete for legal notices the online publication needs to meet the following criteria:

1. It provides local, national and international with an "intelligence of character."
2. It is updated at regular intervals no less than weekly for a year
3. It has "substantial readership" in the jurisdiction of the notice.
4. It maintains reporting staff in the jurisdiction where the newspaper is seeking adjudication
5. It has maintained coverage of local, national and international news "of a general character" on at least 25 percent of the space available on the home page.
6. It links to public notices on its home page that is "readily accessible ...

There are several online publications staffed by experienced journalists who are can provide this service in California.

 

To read how other states are addressing this issue Click HERE

 

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TENNESSEE-Dumbest Legal Notice Bill Yet. Newspapers Must Post Notices Online. Saves No Taxpayer Money and Mandates Nothing New.

HAT TIP LEGAL NOTICE ONLINE

TENNESSEE-Dumbest Legal Notice Bill Yet. Newspapers Must Post Notices Online. Saves No Taxpayer Money and Mandates Nothing New.

We've been covering legal notice bills for over 2 years and thought we've seen every possible bill proposed. The State Senate of Tennessee further wasted legislators' time and taxpayers' money by approving Senate Bill 461, sponsored by State Senator Ken Yager which changes absolutely nothing. There are no savings for the cash-strapped municipalities because the newspapers continue to charge outrageous rates for print notices in newspapers with dwindling circulations. The Newspapers of Tennessee already publish legal notices on a little used website and many of them already publish them on their own websites.
So then why bring up the bill? Because newspapers in the future want to be able to defend their franchise against online-only public notice bills by saying "why change the bill, it's in the law that we already publish notices online?"
Over $1 million per year is wasted in Tennessee publishing legal notices in print.
Surprisingly (ha ha) the Tennessee Newspaper Association supports this bill because they continue to be subsidized by local governments placing notices in their newspapers at an absurd markup. 
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It also looks like our Western North Carolina editors are also chiming in on what we see Senator Dr. Wade and her public notice bill #186. The Cherokee Scout had a editorial on keeping government in sunshine CLICKHERE . In the editorial was this:

"While we hope SB 186 will not pass, there is a compromise proposed in the state House of Representatives that could end the long battle over public notices.

    The soon-to-be-proposed bill would require all public notices continue to be published in a newspaper of paid general circulation and also require all public notices to be published on the newspaper’s Web site as well as on a statewide Web site maintained by the N.C. Press Association. The compromise also provides a 15 percent reduction in price for publishing all notices required by law that run more than once and whose cost is not borne by private parties.

    We urge state Sen. Jim Davis (R-Franklin) to defeat SB 186 and get behind the upcoming House bill. "

As you see from the above editorial and what you see in Tennessee this will save no money and keeps the status quo for the paid monopolistic taxpayer funded money train to newspapers all over this state.

Online Notice Bill Discussed in Maryland Legislature. $6 million -$9 million Could Be Saved

HAT TIP: Legal Notice Blog

Online Notice Bill Discussed in Maryland Legislature. $6 million -$9 million Could Be Saved

HB 1136 which would allow municipalities to publish legal notices on their own web sites was proposed Feb. 8 and was discussed in a hearing February 28. The bill, by our estimations, could save aggregately $6-$9 million every year. If privately funded notices like foreclosure notices, name changes, litigation and licenses were allowed to be published online, savings would increase to almost $20 million.

"There has been a steady Celine in newspaper readership in the past several decades while at the same time there has been a significant increase in ... access to the internet"

The bill explicitly supports much of what we've been saying:

"Many legal notices published solely in newspapers go unread."

"Many political subdivisions in Maryland will be facing serious fiscal challenges in fiscal 2013."

"Every dollar on public legal notices in newspapers places further stress on local budgets."

Maryland's electorate has been receptive to online legal notices so maybe this bill has a shot. In giving the local governments full control over the creation an publishing of notices, this bill does not, however, solve the lack of independence inherent in having no independent third party whose goal is to publish notices.

In Arizona, 2 Online Legal Notice Bills Have Been Passed in Committee

HAT TIP : LEGAL NOTICE ONLINE

In Arizona, 2 Online Legal Notice Bills Have Been Passed in Committee.

Online Legal Notice Legislation season is well under way as bills are being proposed in several states. (Texas, Michigan, Tennessee, Wyoming, Arizona) and have been shot down in two (Virginia, Indiana) .

One state is showing some creativity in proposing online notice bills.

Arizona's House Technology and Infrastructure Committee passed two bills that could change the way public notices are published. Bill HB 2533 would allow the local governments to post notices on their own websites instead of paying substantially for notices in the newspapers. This is the same wording that has been voted down over 30 times in various states over the past two years. House Bill 2483 , however, has a little more panache and hopefully has a better chance of passing. The bill changes "newspaper" to "public medium" wherever there is a requirement to publish a notice in a newspaper. This bill takes a step in allowing local governments to publish notices online (just maybe not on their own websites) In other words, the legislators are realizing that to get a bill passed, you may need to dictate that an entity other than the government should publish the message but we, as taxpayers don't have to pay newspapers through the nose to have them published in print.

These bills are a long way from becoming law. Both bills must go through two more committees before being voted on by the entire Arizona State House. Then they would need to go to the Senate.

Last year Arizona's House Technology and Infrastructure Committee did not pass the public notice bill proposed. This year, they did, despite some fierce lobbying by the newspaper industry. That's small progress.

PREDICTIONS-

HB 2483 doesn't pass for the same reason that similar bills haven't passed any where. People aren't comfortable with giving control over the message and the delivery of the message to the government. But times are changing and the fact that even this bill was approved in committee shows progress.

HB 2533 will have to go through some serious changes prior to passage ... most importantly what defines a "public medium" but its design shows that legislators can be creative in saving the taxpayers money.

To read how other states are addressing this issue Click HERE

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