Legal Advertising Bill Faces Changes to Maintain Newspapers’ Stake

Legislation allowing local governments to publish legal and public notices online may be amended to continue requiring advertisements in newspapers.

The possible amendment is being pushed by newspapers in Pennsylvania so they can maintain key advertising revenue, but representatives of local government groups say the change to the bill would eliminate the potential cost-savings from online-only advertising.

The bill is awaiting further action by the House Local Government Committee on June 14.

State Rep. Tom Creighton, R-Lancaster, who chairs the committee and introduced the bill, said no decision has been made on which amendments would make it into the final product. Previously, Creighton expressed support for an amendment requiring local governments to continue publishing notices in print newspapers, even if they also advertise on their websites. 

Current state law requires legal notices to appear in subscription-based newspapers. 

Deborah Musselman, director of government affairs for the Pennsylvania Newspaper Association, which represents newspapers in the state, said the organization supported the possible amendment. 

“The bottom line for us is it can’t be just (the local government’s own) website, and it has to maintain print,” said Musselman. “There are socioeconomic disparities in access to the (Internet). Those are very real, very significant.”

The Pennsylvania Newspaper Association has argued that more than 50 percent of senior citizens in the state do not have access to the Internet, and that seniors--along with those who are poor--likely would not be aware of public and legal notices if they were published online.

Elam Herr, assistant executive director for the Pennsylvania Association of Township Supervisors, said an amendment that required local governments to publish print versions of legal and public notices in addition to publishing on their websites would not change anything.

“We’re there now,” said Herr. “Right now the law says we have to advertise in the print medium. We have those municipalities that are fulfilling that mandate, and they’re putting it on their website voluntarily, so to put that in law, what is the change from present law? Nothing.” 

Jim Haigh, government relations counsel for the Mid-Atlantic Community Papers Association, an association of community papers delivered free to readers in eight states, including Pennsylvania, said the bill should include language allowing free papers to publish legal notices.

“The theme of this is print versus online,” said Haigh. “This is really paid-to-read print and free-to-consumer online. Only if you’re charging your customers a price per copy, can you charge for public notice. Our proposal takes the existing definition, removes all the language that says ‘price tag’ and says that it needs to go to a larger group of the community.” 

Creighton said the committee’s staff still was crafting the details of the amendments. 

“That’s part of the problem: (deciding) what’s good and what’s bad,” said Creighton. “We just need more time."

The state Senate also is considering three bills that would loosen requirements on where local governments can publish notices in print, including SB 803, introduced by state Sen. Jeff Piccola, R-Dauphin.

Republicans control both the state Senate and the state House. 

SB 803 would allow local governments to publish on their websites, in legal journals and weekly or free community papers, in addition to publishing in traditional newspapers.

SB 804 and SB 805, introduced by state Sen. Robert Robbins, R-Mercer, expands publishing locations in a similar fashion, though community papers are not included.

The conflict within the caucus comes from competing interests for school district mandate relief and greater transparency, said Erik Arneson, spokesman for Senate Republicans. 

The Senate and House have been considering several bills to remove state government cost requirements for school districts and local governments.

“Many members of our caucus are very interested in reducing costs for school districts and municipalities while ensuring appropriate access to public notices,” said Arneson.

Darwyyn Deyo is a reporter for PA Independent.