Keep notices in papers, media group urges state panel

FILE — The state Capitol is shown in this 2019 file photo.
FILE — The state Capitol is shown in this 2019 file photo.

State and local governments should continue to be required to rely on newspapers -- and not go to a government website -- to publish notices, officials of the Arkansas Press Association and the Arkansas Democrat-Gazette told state lawmakers Tuesday.

The media officials pointed out that the Arkansas Press Association also posts for free on a searchable database the public notices that appear in the state's newspapers.

Newspapers have expanded their digital footprint while remaining true to the print medium that remains a trusted source of independent information, Rusty Turner, president of the board of directors of the Arkansas Press Association, told the House and Senate Committees on City, County and Local Affairs during a study of public notice and participation in the environmental permitting process.

The House committee has until Dec. 1 to report its findings and make recommendations to the Legislative Council on possible legal changes. The regular legislative session starts in January.

"Print newspapers remain the best source for independent, accurate and verifiable information and that's why we are here again, as an organization to emphasize the importance of newspaper public notices to the state of Arkansas," Turner said.

The association represents about 100 newspapers in Arkansas, including the Arkansas Democrat Gazette and newspapers in places such as Cleveland County, Jonesboro, Mena and Ozark, said Turner, who also is editor of the Northwest Arkansas Democrat-Gazette.

Lynn Hamilton, president and general manager of the Democrat-Gazette, said the state's largest newspaper "still reaches 100,000 people every week on Sundays throughout the state of Arkansas and that is subscriptions, that's single copy sales, that's on our website. That's the total package."

The public notices are in Sunday's paper, he said.

Turner said government public notices are assessed at reasonably set rates under state law.

State law requires newspapers to charge by the tract for publishing lists of delinquent real and personal taxes, while newspapers may not receive more than their regular classified advertising rate for publishing other public notices, he said.

"While in this study, some may call for the creation of a government-run website to house public notices. Let's be clear, such a clearinghouse already exists and has for several years," said Turner.

"This site is a value-added service of the Arkansas Press Association. Any such new site would be duplicative and an unnecessary cost," he said.

Hamilton said each of the 50 states requires public notices, in some form, to be in newspapers and some states have a centralized website and require the public notices to be published both on the centralized website and in newspapers.

"The Arkansas Press Association collects all public notices and, if there is some way we can refine that to make it better to help you all, please tell us," Hamilton said. "We'll be glad to upgrade it, to make technological changes, whatever you want we want to do that."

Ashley Wimberley, executive director of the Arkansas Press Association, said no state has put all of its public notices on a state government website and she doesn't believe Arkansas wants to be the first state to do so, with parts of the state lacking broadband access.

"The bottom line is, it is not really websites or newspapers," she said. "I think we are in a time for transition and we need to do both. It is about transparency."

Wimberley said 14 other states require newspapers to upload their public notices to their press association's website.

Sen. Kim Hammer, R-Benton, asked if the Arkansas Democrat-Gazette's classified advertising rates have increased to enable the paper to collect more revenue from state and local governments under state law.

Hamilton replied, "No sir.

"The rates have not gone up in many years," because of a considerable drop in demand for newspaper classified advertising, he said.

"There is no danger of legal notices getting more expensive for the foreseeable future," Hamilton said.

Rep. Fred Love, D-Little Rock, said he has been pushing to create a state website for public notices.

"But I did not know you all [the press association] had this available so I will be more than happy to work with you all in the future in regards to moving forward because I don't think the state will need a website," he said.

Hammer asked if the Arkansas Press Association would allow state agencies to put public notices on its website for free without paying to put the notices in newspapers.

Wimberley responded, "At this point in time, [the public notices] wouldn't be meeting state requirements, so I don't think we would want to be part of that process for that reason."

Amy Fecher, secretary of the state Department of Transformation and Shared Services, told lawmakers that her department looks at this issue more broadly, as one of simplifying processes and finding efficiencies in state government.

"An electronic posting mechanism would save the state hundreds of thousands of dollars each year, much of which comes from general revenue, and can also provide economies of scale," she said.

There are more than 600 state laws that require newspaper or printed notices for state and local governments for permits, rules, city and county ordinances, public auctions, notices of applicants for liquor permits, notices of disposition of abandoned cemetery lots, etc., Fecher said.

The state Department of Human Services spent more than $382,000 on public notices, while the Department of Energy and the Environment spent more than $19,000 on public notices in fiscal 2020, she said. She said the Pulaski County treasurer spends about $125,000 a year on public notices about delinquent taxes. Fiscal 2020 ended June 30.

"We would be happy to do more analysis for the committee if you would like that," Fecher said.

Rep. Fran Cavenaugh, R-Walnut Ridge, suggested state officials propose reducing the required public notices for state and local governments in order to save money. Some of the required public notices are no longer needed, she said.

Love pressed Fecher whether Gov. Asa Hutchinson's administration wants to create a government website for placing public notices.

Fecher replied, "That is up to the Legislature. It will save the state hundreds of thousands of dollars."

Love asked if the cities and counties would be charged to place their public notices on a state government website.

Bob Sanders, president and general manager of the Information Network of Arkansas, said, "We would certainly have to find some way to fund that."

Hammer asked if state agencies would have to pay for placing public notices on a state government website.

Sanders said that would depend on the funding model.

Hammer said he is interested in seeing an analysis of the cost to the state of having a state government website to place public notices onto versus the private sector.

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