Bill Text: MI HB6440 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Local government: other; publication of legal notices; revise, and create the local government public notice act. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-12-02 - Postponed Temporarily [HB6440 Detail]
Download: Michigan-2019-HB6440-Introduced.html
HOUSE BILL NO. 6440
November 12, 2020, Introduced by Reps. Steven
Johnson, Coleman, Meerman, Yaroch and Bolden and referred to the Committee
on Government Operations.
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".
(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 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 otherwise meets the definition in section 3 or 4.
Sec. 6. If a local government or other governmental entity that is required to provide a public notice under this act does not have a website, that local government or other governmental entity must create and maintain a website no later than December 31, 2021.
Sec. 7. (1) Except as otherwise provided in section 8, and subject to section 9, beginning on January 1, 2022, a local government or other governmental entity required to provide public notice under this act shall post that public notice on the active notice portion of the website of the required area for the period of time as provided by law.
(2) In addition to the notice requirement under subsection (1), a printed copy of the notice required under subsection (1) must be made available for public inspection by the local government or other governmental entity for the period of time that the notice is required by law to be posted.
(3) In addition to the notice requirement under subsection (1), the local government or other governmental entity shall within 24 hours after the public notice is provided under this act notify by electronic mail each local media outlet that serves the required area about the public notice.
Sec. 8. (1) If a local government or other governmental entity required to provide a 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 post that public notice on the active notice portion of the website of the local media outlet for the period of time as provided by law.
(2) In addition to the notice requirement under subsection (1), both of the following apply:
(a) The local media outlet shall, at least once each day, 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) must be made available for public inspection by the local government or other governmental entity for the period of time that the notice is required by law to be posted.
(3) If a local government or other governmental entity provides public notice under this section, 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. 9. (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 section 7, "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), 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. 10. A website used for posting public notices under this act must meet both of the following requirements:
(a) The homepage of the website and the portion of the website containing active notices and archival notices must be publicly accessible and free of charge.
(b) The homepage of the website must include a prominently displayed link to the active notices and the archival notices.
Sec. 11. Beginning January 1, 2022, 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 maintain an existing online archive or create an online archive for public notices. After the time the public notice is required to be posted on the website, the public notice must be maintained in the archival notice portion of the website in compliance with the record retention schedule for that local government or other governmental entity as provided in section 11 of the Michigan history center act, 2016 PA 470, MCL 399.811. In addition, the local government or other governmental entity shall maintain, in a format that includes the dates of posting, a printed copy of each public notice provided for archival and verification purposes.
Sec. 12. 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. 13. (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. Except for a local media outlet described in section 7(3), 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 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 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 under this act transmit to the individual, organization, firm, or corporation an electronic copy of that public notice.
Sec. 14. If a local government or other governmental entity required to provide public notice under this act changes the method by which public notice is posted as described 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 posting public notices.
