February 11, 2015, Introduced by Reps. Price, Franz, Rutledge, Robinson, Schor, Chatfield, Moss, Victory, Gay-Dagnogo, Kelly, Brunner, Crawford and McCready and referred to the Committee on Local Government.
A bill to set forth the methods for local governments and
other governmental entities to provide public notices; to prescribe
the powers and duties of certain public entities; and to prescribe
the duties of certain private entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "local
government public notice act".
Sec. 2. As used in this act:
(a) "Internet" means that term as defined in 47 USC 230.
(b) "Local media outlet" means a television station or radio
broadcast station, licensed by the federal communications
commission.
(c) "Required area" means the county, city, township, village,
district, or other geographic territory where the notice is
required to be published or posted.
(d) "Website" means a collection of pages of the internet,
usually in HTML format, with clickable or hypertext links to enable
navigation from 1 page or section to another, that often uses
associated graphics files to provide illustration and may contain
other clickable or hypertext links.
Sec. 3. Except as otherwise provided in sections 4 and 5, as
used in this act, "newspaper" means a print publication that is
published for the dissemination of local news of a general
character or for the dissemination of legal news and to which all
of the following apply:
(a) The print publication is published and distributed in not
less than weekly intervals.
(b) Not less than 50% of the words in the print publication
are in the English language.
(c) The print publication has a bona fide list of subscribers
in 1 or more counties in this state or is available to the public
at newsstands or other retail locations in 1 or more counties in
this state, or both.
(d) The print publication accepts and publishes official and
other notices.
(e) The print publication regularly contains information of a
public character or of interest or value to residents, property
owners, or the general public.
(f) The print publication has been published or distributed
for not less than 1 year.
Sec. 4. If there is no publication that meets the definition
in section 3 published and of general circulation in the required
area, "newspaper" means a website on the internet that meets all of
the following requirements:
(a) The website is identified as a continuing online version
of a publication that previously met the definition in section 3
and was published and of general circulation in the required area.
(b) The website is published in the English language for the
dissemination of local news of a general character or for the
dissemination of legal news for the required area.
(c) The website has been established and operating without
interruption for at least 2 years.
(d) News content on the website is published and posted and
was updated at least every 7 days for the preceding 2 years.
(e) The website lists all of the following:
(i) Contact information, including a list of staff located in
the required area.
(ii) An address and telephone number in the required area.
(iii) An address in the required area where the public notices
may be sent for posting.
(iv) An address in the required area where complaints can be
made.
(v) An address in the required area where printed copies of
notices may be viewed by the public.
(f) The website includes a clearly designated area for public
notices that is accessible via a prominently displayed and clearly
labeled link from the homepage of the website and the posted
notices are maintained permanently in a searchable database
accessible on the website.
(g) A majority of visitors to the website are residents of the
required area.
Sec. 5. If there is no publication or website that meets the
definition in section 3 or 4 in the required area, "newspaper"
means a publication or website in an adjoining county, city,
township, village, district, or other geographic territory, as
applicable, that meets the definition in section 3 or 4.
Sec. 6. (1) Except as otherwise provided in section 10, and
subject to section 11, beginning January 1, 2016 and until December
31, 2019, a local government or other governmental entity required
to provide public notice under this act shall provide that public
notice as follows:
(a) For tier A public notice, the notice shall be published
once a week for 2 consecutive weeks in a newspaper in the required
area and may be posted on the active notice portion of the website
of the required area for 30 days.
(b) For tier A public notice with a link, the notice shall be
published once a week for 2 consecutive weeks in a newspaper in the
required area with a summary of the document involved as well as a
statement indicating a location where copies of the full document
involved are available for public inspection. In addition, the
notice may be posted on the active notice portion of the website of
the required area for 30 days with a link to the full document
involved.
(c) For tier B public notice, the notice shall be published
once in a newspaper in the required area and may be posted on the
active notice portion of the website of the required area for 14
days.
(d) For tier B public notice with a link, the notice shall be
published once in a newspaper in the required area with a summary
of the document involved as well as a statement indicating a
location where copies of the full document involved are available
for public inspection. In addition, the notice may be posted on the
active notice portion of the website of the required area for 14
days with a link to the full document involved.
(e) Except as otherwise provided in section 9, for tier C
public notice, the notice shall be posted on the active notice
portion of the website of the required area for 14 days. If the
local government or other governmental entity does not have a
website, the notice shall be published once in a newspaper in the
required area.
(2) In addition to the notice requirements under subsection
(1), a printed copy of the notice required under subsection (1)
shall be made available for public inspection by the local
government or other governmental entity for the duration of time
that the notice is required under subsection (1).
Sec. 7. (1) Except as otherwise provided in section 9 or 10,
and subject to section 11, beginning January 1, 2020 and until
December 31, 2024, a local government or other governmental entity
required to provide public notice under this act shall provide that
public notice as follows:
(a) For tier A public notice, the notice shall be published
once in a newspaper in the required area and shall be posted on the
active notice portion of the website of the required area for 30
days. If the local government or other governmental entity does not
have a website, the notice shall be published once a week for 2
consecutive weeks in a newspaper in the required area.
(b) For tier A public notice with a link, the notice shall be
published once in a newspaper in the required area with a summary
of the document involved as well as a statement indicating a
location where copies of the full document involved are available
for public inspection and shall be posted on the active notice
portion of the website of the required area for 30 days with a link
to the full document involved. If the local government or other
governmental entity does not have a website, the notice shall be
published once a week for 2 consecutive weeks in a newspaper in the
required area with a summary of the document involved as well as a
statement indicating a location where copies of the full document
involved are available for public inspection.
(c) For tier B public notice, the notice shall be posted on
the active notice portion of the website of the required area for
14 days. If the local government or other governmental entity does
not have a website, the notice shall be published once in a
newspaper in the required area.
(d) For tier B public notice with a link, the notice shall be
posted on the active notice portion of the website of the required
area for 14 days with a link to the full document involved. If the
local government or other governmental entity does not have a
website, the notice shall be published once in a newspaper in the
required area with a summary of the document involved as well as a
statement indicating a location where copies of the full document
involved are available for public inspection.
(e) For tier C public notice, the notice shall be posted on
the active notice portion of the website of the required area for
14 days. If the local government or other governmental entity does
not have a website, the notice shall be published once in a
newspaper in the required area.
(2) In addition to the notice requirements under subsection
(1), a printed copy of the notice required under subsection (1)
shall be made available for public inspection by the local
government or other governmental entity for the duration of time
that the notice is required under subsection (1).
Sec. 8. (1) Except as otherwise provided in section 9 or 10,
and subject to section 11, beginning January 1, 2025, a local
government or other governmental entity required to provide public
notice under this act shall provide that public notice as follows:
(a) For tier A public notice, the notice shall be posted on
the active notice portion of the website of the required area for
30 days.
(b) For tier A public notice with a link, the notice shall be
posted on the active notice portion of the website of the required
area for 30 days with a link to the full document involved.
(c) For tier B public notice, the notice shall be posted on
the active notice portion of the website of the required area for
14 days.
(d) For tier B public notice with a link, the notice shall be
posted on the active notice portion of the website of the required
area for 14 days with a link to the full document involved.
(e) For tier C public notice, the notice shall be posted on
the active notice portion of the website of the required area for
14 days.
(2) In addition to the notice requirements under subsection
(1), a printed copy of the notice required under subsection (1)
shall be made available for public inspection by the local
government or other governmental entity for the duration of time
that the notice is required under subsection (1).
Sec. 9. (1) Upon receipt of a written petition signed by not
less than 10% of the registered electors of a local government, the
governing body of that local government shall submit the question
of requiring that public notices be provided in a newspaper for 5
years to the registered electors of that local government at the
next general November election.
(2) Subject to section 11, if a majority of the registered
electors voting on the question vote in favor of requiring that
public notices be provided in a newspaper for 5 years, the local
government shall provide public notice as follows:
(a) For tier A public notice, the notice shall be published
once a week for 2 consecutive weeks in a newspaper in the required
area and may be posted on the active notice portion of the website
of the required area for 30 days.
(b) For tier A public notice with a link, the notice shall be
published once a week for 2 consecutive weeks in a newspaper in the
required area with a summary of the document involved as well as a
statement indicating a location where copies of the full document
involved are available for public inspection. In addition, the
notice may be posted on the active notice portion of the website of
the required area for 30 days with a link to the full document
involved.
(c) For tier B public notice, the notice shall be published
once in a newspaper in the required area and may be posted on the
active notice portion of the website of the required area for 14
days.
(d) For tier B public notice with a link, the notice shall be
published once in a newspaper in the required area with a summary
of the document involved as well as a statement indicating a
location where copies of the full document involved are available
for public inspection. In addition, the notice may be posted on the
active notice portion of the website of the required area for 14
days with a link to the full document involved.
(e) For tier C public notice, the notice shall be published
once in a newspaper in the required area and may be posted on the
active notice portion of the website of the required area for 14
days.
(3) In addition to the notice required under subsection (2), a
printed copy of the notice required under subsection (2) shall be
made available for public inspection by the local government for
the duration of time that the notice is required under subsection
(2).
(4) A petition under this section, including the circulation
and signing of the petition, is subject to section 488 of the
Michigan election law, 1954 PA 116, MCL 168.488. A person who
violates a provision of the Michigan election law, 1954 PA 116, MCL
168.1 to 168.992, applicable to a petition described in this
section is subject to the penalties for a violation in the Michigan
election law, 1954 PA 116, MCL 168.1 to 168.992.
(5) As used in this section only, "newspaper" means a print
publication that is published for the dissemination of local news
of a general character or for the dissemination of legal news and
to which all of the following apply:
(a) The print publication is published and distributed in not
less than weekly intervals.
(b) Not less than 50% of the words in the print publication
are in the English language.
(c) The print publication has a bona fide list of subscribers
in 1 or more counties in this state or is available to the public
at newsstands or other retail locations in 1 or more counties in
this state, or both.
(d) The print publication accepts and publishes official and
other notices.
(e) The print publication regularly contains information of a
public character or of interest or value to residents, property
owners, or the general public.
(f) The print publication has been published or distributed
for not less than 1 year.
Sec. 10. (1) Except as otherwise provided in section 9, if a
local government or other governmental entity required to provide
public notice under this act enters into a contract with a local
media outlet regarding the provision of public notice, then the
local government or other governmental entity shall provide public
notice as follows:
(a) For tier A public notice, the notice shall be posted on
the active notice portion of the website of the local media outlet
for 30 days.
(b) For tier A public notice with a link, the notice shall be
posted on the active notice portion of the website of the local
media outlet for 30 days with a link to the full document involved.
(c) For tier B public notice, the notice shall be posted on
the active notice portion of the website of the local media outlet
for 14 days.
(d) For tier B public notice with a link, the notice shall be
posted on the active notice portion of the website of the local
media outlet for 14 days with a link to the full document involved.
(e) For tier C public notice, the notice shall be posted on
the active notice portion of the website of the local media outlet
for 14 days.
(2) In addition to the notice requirements under subsection
(1), both of the following apply:
(a) The local media outlet shall, at least once each day
during its peak listening or viewing hours, make a general
broadcast or transmission indicating that public notices may be
found on the website of the local media outlet.
(b) A printed copy of the notice required under subsection (1)
shall be made available for public inspection by the local
government or other governmental entity for the duration of time
that the notice is required under subsection (1).
(3) If a local government or other governmental entity
provides public notice under this section and that local government
or other governmental entity has a website, the local government or
other governmental entity shall provide a link on its website's
homepage to the active notice portion of the website of the local
media outlet.
Sec. 11. (1) If a local government or other governmental
entity required to provide public notice under this act enters into
a contract with an outside entity to host and provide public
notices, then, as used in sections 6, 7, 8, and 9, "website of the
required area" includes the website of the outside entity.
(2) If a local government or other governmental entity enters
into a contract with an outside entity to host and provide public
notices as provided under subsection (1) and that local government
or other governmental entity has a website, the local government or
other governmental entity shall provide a link on its website's
homepage to the active notice portion of the website of the outside
entity.
Sec. 12. A website used for posting public notices under this
act shall meet both of the following requirements:
(a) The homepage of the website and the portion of the website
containing active notices and archival notices shall be publicly
accessible and free.
(b) The homepage of the website shall include a prominently
displayed link to the active notices and the archival notices.
Sec. 13. (1) Subject to subsection (3), beginning January 1,
2016 and not later than December 31, 2024, if a local government or
other governmental entity posts a public notice on the website of
that local government or other governmental entity, the local
government or other governmental entity shall create an online
archive for public notices. In addition, the local government or
other governmental entity shall maintain for not less than 5 years
in a format that includes the dates of posting a printed copy of
each public notice provided for archival and verification purposes.
(2) Subject to subsection (3), beginning January 1, 2025, each
local government or other governmental entity shall create an
online archive for public notices. In addition, the local
government or other governmental entity shall maintain for not less
than 5 years in a format that includes the dates of posting a
printed copy of each public notice provided for archival and
verification purposes.
(3) This section does not apply to a local government that
provides public notice as set forth in section 9.
Sec. 14. A notice posted on a website under this act shall be
maintained on the active notice portion of the website for the
duration the notice is required to be posted on the website under
this act. After that time, the notice shall be maintained in the
archival notice portion of the website for not less than 5 years.
Sec. 15. A person that operates a publication that qualifies
as a newspaper under this act shall maintain a permanent and
complete printed copy of each published edition for archival and
verification purposes in the required area. A person that operates
a website that qualifies as a newspaper or as a local media outlet
under this act shall create a printed copy of any notice, in a
format that includes the dates of posting, on the first day that
the notice is posted on the website and shall maintain the printed
copy in the required area for archival and verification purposes.
Sec. 16. (1) In addition to the requirements of this act, a
local government or other governmental entity shall create and
maintain a permanent public notice list. An individual,
organization, firm, or corporation may make a written request to be
placed on the permanent public notice list to receive by first-
class mail or electronic mail any public notice published or posted
under this act.
(2) If an individual, organization, firm, or corporation on
the permanent public notice list requests to receive public notices
by first-class mail, upon the requesting party's payment of a
yearly fee of not more than the estimated cost for printing and
postage of the public notices, the local government or other
governmental entity shall send to the individual, organization,
firm, or corporation by first-class mail a copy of each public
notice published or posted under this act.
(3) If an individual, organization, firm, or corporation on
the permanent public notice list requests to receive public notices
by electronic mail, the local government or other governmental
entity shall within 24 hours of each public notice being posted or
published under this act transmit to the individual, organization,
firm, or corporation an electronic copy of that public notice.
Sec. 17. If a local government or other governmental entity
required to provide public notice under this act changes the method
by which public notice is published or posted as provided in this
act, the local government or other governmental entity shall
provide public notice of that change by using the most recent
method that the local government or other governmental entity uses
for publishing or posting public notices.