Commission proposes secretary‑of‑state backup for legal notices; newspaper group urges do‑not‑pass

The committee heard competing testimony on Senate Bill 2069, which would require state agencies to publish legally required notices with the Secretary of State in addition to newspaper publication so that if a newspaper fails to run a notice the SOS posting would satisfy the legal publication obligation.

Commissioner Sherry Hogan Hufford (Public Service Commission) and staff told the committee SB 2069 is intended as a practical backstop: maintain existing newspaper publication requirements while adding a centralized, state‑maintained posting so publication failures would not force hearing cancellations or repeated notices. "Importantly, this bill does not alter existing newspaper publication requirements," the commissioner emphasized in testimony.

Representatives from multiple agencies supported the concept as a safeguard. Matt Fisher of the Insurance Department said the department had experienced notices that were not published or were published with incorrect information in the last biennium and supports the additional backstop. Wade Swenson of the Department of Transportation suggested the bill be amended to make filing with the Secretary of State permissive ("may") rather than mandatory; DOT also noted it has a separate bill seeking to remove some newspaper requirements for certain bid notices.

The North Dakota Newspaper Association, represented by Cecile Berman, opposed SB 2069 and urged a do‑not‑pass. Berman said newspapers place thousands of notices annually and reported a low error rate: she told the committee newspapers placed between "3,500 and 5,000" public notices per year and that the PSC had recorded four paperwork errors and one online omission in 2024; the attorney general's office found 19 instances where individual newspapers failed to run a notice timely during a recent review. Berman warned SB 2069 would, in her view, equate government website posting with independent newspaper publication and could create a "slippery slope" toward replacing newspapers as the primary public‑notice conduit.

Local stakeholders raised implementation concerns. Danny Quisell of the Water Resource Districts Association asked whether the bill would apply to local political subdivisions; he said many local entities have part‑time or volunteer staff who may find additional reporting requirements burdensome. Sandy McBrearty, Deputy Secretary of State, said the state's public meeting notice website exists (created in 2013) and is already used by agencies; her office took a neutral position and said expanding functionality—such as subscription features for users or more advanced geographic search—would likely require additional development funds (she provided an estimated quote of roughly $27,000 for one example feature).

Office of Management and Budget shared services director Sherry Neese noted state law already requires newspapers to post notices on a statewide site and OMB is updating the standard legal notice rate; she offered to meet with stakeholders to work through operational details. The committee closed the hearing without taking immediate action.