In a March 25 vote the state House of Representatives approved a public notice bill sponsored by the Tennessee Press Association by a margin of 94-1.
Seen by many as vote for transparency and keeping its citizens better informed, House Bill 1001, sent to Governor Haslam for his signature, will soon require newspapers that publish public notices to also post them on their local website as well as to the statewide website of the TPA.
The bill goes into effect on April 1, 2014, and stipulates there will be no extra charges for the website services.
One of the sponsors of the bill was State and Local Government Committee Chairman Ryan Haynes, a Knoxville Republican, who explained how the bill impacts open government.
Haynes stated the legislation was supported by TPA-member newspapers because, “... they are committed to open government, and this is one more service they can provide to make government more open and more transparent. Because it gives more people the opportunity to see public notices, [TPA members] are willing to take that cost on.”
Representatives Kevin Brooks and Eric Watson, both Republicans from Cleveland, were also co-sponsors of legislation. They were joined by state Republican Sen. Todd Gardenhire of Chattanooga, who served as one of five co-sponsors of a companion bill that passed the Senate 11 days earlier. That legislation, SB461, passed after Sen. Ken Yager (R-Harriman) pointed out the value of independently published public notices as a key component of “openness in government.” The Senate vote was 31-1.
Newspapers have to meet certain requirements before they can carry public notices, including wide circulation, news and information content, and frequency of publication. A majority of newspapers now post notices on their website at no additional charge.
Yager has sponsored past legislation, which has been endorsed and promoted by the TPA, against moving public notices from print to government websites. During the Senate’s debate, Yager said, “This bill recognizes the public’s right to know what is going on in their government. I don’t think there is a better time to affirm that than now. Our bill combines the best of both worlds. It keeps public notices in places where people can and will find them. That promotes government transparency and public trust.”
A report last year showed that more than one third of 455 local governments do not have websites. It estimated that it would take $7 million to $10 million to build those sites.
Yager also pointed out, “Using an independent agency, the local newspaper, builds integrity in the process. To give even the appearance of manipulating mandatory public notices tarnishes the reputation of government because it undermines the concept of independence and transparency.”
Recent Newspaper Association of America research showed that 70 percent of U.S. adults had read a newspaper or a newspaper website in the previous week. Research by the Tennessee Press Association last year showed that 45 percent of Tennessee households bought newspapers. On the other hand, many Tennesseans, especially the elderly, still don’t have Internet access. ConnectTN found that only 59 percent of those over age 65 owned a computer, and only 42 percent had access to broadband. A recent AARP survey found that only two out of five people over age 50 feel comfortable using the Internet.
Newspaper readership surveys by the national Scarborough Research USA found that 68 percent of U.S. adults reported reading a printed newspaper, an electronic edition of the paper or a newspaper website within the previous week.
Scarborough broke down the readership numbers by demographic and found: 76 percent of people over age 55 read a printed newspaper, e-edition, or the newspaper’s website in the last week. That compared to 72 percent of those over age 35 and 58 percent of 18-34-year-olds.
Newspapers continue to be the platform that puts information out into the public where even casual readers notice it.
Frank Gibson the TPA’s public policy director, says even though the Legislature has voted in these bills, the debate has not ended.
“... The debate will continue because there are various political agendas still at play,” Gibson writes. “One prominent Senate leader still maintains that public notices are a government subsidy for newspapers. That sentiment is expressed publicly in many other states where public notice has been under attack.”
Gibson adds, “Passage of SB461/HB1001 gives newspapers the opportunity to demonstrate they remain the best avenue for informing the public on the actions of government, but they still need to make public notices as visible as possible and continue to remind the public those notices are an essential part of being a government watchdog.”
Gibson’s comments were reinforced in an editorial in the Memphis Daily News, which said, “Public notice creates an audit trail on the activities of government. Public notice is a tool for the people to call into question what a government or bank or neighboring landowner does … in a medium that is independent and objective.”
As Jack McElroy, Editor Knoxville News Sentinel, said in a recent editorial, “This will offer the best of both worlds, assuring that the publication of notices remains independent, dependable and verifiable while making the notices available to the greatest number of citizens possible.”
Source: Tennessee Press Association