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Committee approves bill requiring online posting of legal notices where local news websites exist; press association warns of higher costs for public notice pay
Summary
House Bill 773 passed the committee by a 21-1 vote to require that when a legal notice is published in a newspaper of general circulation it also be posted on a local news and information website if one exists; the Tennessee Press Association warned the change could raise costs for public notice customers and questioned the bill’s fiscal note.
The State and Local Government Committee voted 21-1, with one present not voting, to advance House Bill 773, which requires that when legal notices (except foreclosures) are published in a newspaper of general circulation, the notice also be published on a news and information website if one exists in the area. The bill includes conditions that the website be distinct from the newspaper’s owner and not behind a paywall; rates would be calculated by word and not exceed the site owner’s established advertising rate.
Representative T. Powers, sponsor of the bill, told the committee the measure does not remove the newspaper publication requirement and is intended to expand accessibility by posting notices online where local residents increasingly look for information. “So it would be in the newspaper and on the website too,” he said. Powers said the measure aims to reach readers who do not read weekly print editions and to provide “quicker notification” in some cases.
Mark Millsap, executive director of the Tennessee Press Association, testified in opposition and warned the bill would increase costs for entities that place public notices. Millsap said the industry already posts printed notices on newspaper websites and a statewide site for free and said the bill’s language could force agencies to pay multiple vendors. “This does not affect the newspaper notice requirement. However, it affects every single public notice customer that we have. Anybody that's going to place a public notice… is gonna be affected because this will increase the cost of every public notice that's placed,” Millsap said, and he questioned the fiscal note’s conclusion that costs to state and local government would not be significant.
Sponsor Powers said foreclosures were carved out by amendment because those notices can be especially long and expensive to publish by the word; otherwise, the bill would require both print and online postings when a qualifying local news and information website exists.
Committee action: HB 773 advanced to Finance, Ways and Means on a 21-1 vote.
