Proposal could impact publishing of public notices

Newspapers across the commonwealth will see a change in the rules overseeing some public notice advertising if House Bill 171 is passed by the 2006 Kentucky General Assembly.

The measure, sponsored by State Rep. Dennis Horlander, passed the House on a vote of 90-4 on Jan. 27.

The measure, which has been endorsed by the Kentucky Press Association, The Kentucky League of Cities and several other organizations, specifies that public notices will be set in seven-point type. Current law, in place since 1982, has not specified a particular point size for public notices. Horlander said the change in font size alone could save communities 22 percent.

"This fall, I surveyed other state press associations and found that our language allowed for the largest point size in the country," KPA Executive Director David T. Thompson said. "Newspapers could charge for notices based on nine-point type. All other states, if a point size was specified in its law, set that at seven to eight point type, with a majority at seven-point."

The bill also address publication of a delinquent tax lists. Previously, the law required the delinquent tax list to be published three times in most counties, but only one time in Fayette and Jefferson counties.

"Again, surveying other states, we found that the three publication requirement was more than required in other states," added Thompson. "There had been legislation in the past to decrease the number of times the list was published. The new language would bring all counties into the same requirement. The county will be required to publish a half-page ad one week, notifying the public that a list of delinquent taxpayers for the county would be published in full the following week. The county would set a cut-off date and time for people to pay their taxes or have their name appear in the newspaper. Then the following week, the list would be published in the newspaper."

HB 171 also allows counties to charge each delinquent taxpayer $5 for each time his/her name appears on the list in the newspaper. Currently, counties can charge $3 per name per publication.

"During the 2005 session and consideration of HB 375, I had asked the House Local Government Committee to direct us -- the press association, the cities, and the counties associations -- to work out differences of opinion and to return in 2006 with legislation," said Thompson. "Instead, the committee gave us 24 hours and that was insufficient. So the committee passed HB 375 in 2005 and then on a second vote, after being defeated by a two-vote difference, it passed the full House. In the Senate, the measure was within hours of being approved by that chamber and becoming law."

The bill would have drastically affected public notice advertising, allowing public agencies to use the internet for publishing the notices instead of publishing in newspapers.

"Over the last six sessions, we've faced legislation that would move notices from newspapers to the internet," added Thompson, "and each time it came closer to being passed by the General Assembly. We had played the defensive role each of those times. But it became apparent, that taking the offensive would give us the ability to change the law, make concessions in point size and times of publication, like on the delinquent tax list, and protect public notices for the newspapers."

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