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Politics & Government

Auditor General Opposes Bill to Publish Legal Notices Online

State Rep. Bob Freeman also has concerns about H.B. 633.

Pennsylvania’s Auditor General Jack Wagner is taking sides in the battle over H.B. 633, which would allow local governments to publish public notices online instead of in print newspapers. Local governments are limited to printing legal notices, such as bid offers, job openings and public meeting announcements, in local newspapers.

In a letter to the chairs of the state House Local Government Committee, Wagner argued: “While there may be some validity to the argument that posting these notices on the Internet would save money, … (most) worrisome to me would be the reduction in government transparency and the inevitable loss in public confidence that it would engender." Wagner joins AARP, an advocacy group representing retired people, and the Pennsylvania Bar Association in opposing H.B. 633.

Newspaper groups at a committee hearing earlier this month argued the legislation could cost 1,000 reporter jobs and add $1 million monthly to the state’s unemployment compensation fund, while at the same time arguing local governments would not save significantly with H.B. 633.

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State Rep. Robert Freeman, D-Northampton, minority chairman of the state House Local Government Committee, drew parallels between the auditor general’s letter and concerns raised by newspaper groups.

“What little savings might be entailed would not outweigh the importance of having a readily accessible form by way of local newspapers,” said Freeman. “I think there’s concern you would not reach as many people potentially as you would through the current law.”

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In his letter, Wagner argued that with H.B. 633, more than half of Pennsylvania’s senior citizens would not know about public notices posted online, though he highlighted transparency as his top concern.

“I am particularly concerned about any public perceptions of less transparency in government,” Wagner wrote. “We document instances of the Gaming Control Board’s violating the Sunshine Act, the Turnpike Commission’s (removing) fare information from toll tickets, and numerous state agencies failing to adequately publicize contracting opportunities. … It’s a bad deal for taxpayers.”

State Rep. Tom Creighton, R-Lancaster, majority chairman of the House Local Government Committee and prime sponsor of H.B. 633, said last week that he was interested in amending the legislation after hearing the concerns raised by newspaper groups.

Those amendments would include requiring local governments that publish online to offer email news lists for public notice updates.

“We’re a little bit behind times,” said Creighton, “but maybe if we try to jump in too quickly, we’re going to make a mistake.”

Freeman also raised concerns about how well public notices would be archived if they were published online, and pointed to public libraries saving newspapers as an archiving system already in place.

“That kind of information is typically archived not only by the newspapers but also by the public libraries,” said Freeman. “I’m not convinced that the proposal would save local governments all that much.”

In closing his letter, Wagner said he would support legislation requiring school districts and “other government agencies” to post public notices online in addition to posting legal notices in newspapers.

“I believe this would increase transparency and make government more open and accountable to taxpayers,” wrote Wagner. 

Creighton said Wagner’s idea to require local governments to publish both online and in print newspapers is going to be another proposed amendment for H.B. 633, as well as requiring counties to publish public notices on their websites.

“That’s being considered, which would still require the newspaper part of it, so they would still be happy,” said Creighton. “But nothing’s going to happen for at least two weeks because we’re into Memorial Day and then the following week, that’s when things will start percolating.”

Gov. Tom Corbett's office did not return request for comment.

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