Tag Archives: Wisconsin

Q & A: Beth Bennett, Wisconsin Newspaper Association

In 2016, the Wisconsin legislature created a study committee to “update and recodify” the statute relating to public notice “to reflect technological advances and remove obsolete provisions.” The committee was charged with considering changes to the statute that would “allow for information to be made available only electronically or through nontraditional media outlets.”

The Wisconsin Newspaper Association (WNA) mounted an impressive effort to convince the committee that newspapers and their websites were still the right place for public notice. The committee met three times and ended its review on Oct. 10, deciding to recommend only one change to a minor category of notices. We spoke with WNA Executive Director Beth Bennett about the process.

PUBLIC NOTICE MONTHLY: How did the process get started?

BETH BENNETT: Representative Jesse Kremer requested that the Wisconsin Joint Legislative Council conduct a formal review of how public notices are published by newspapers. Rep. Kremer cited the need to address “new technologies” in the current public notice statute that requires publication in newspapers. He stated in his request that he was working on legislation to change the statute, to allow online-only news sources to be designated as “newspapers of record”. This is just another way of saying that he wanted to amend the statute to allow online news sources to publish legal notices.

PNM: Is Kremer still considering introducing a bill?

BENNETT: Not that I am aware of, but we know of two other legislators who have plans to introduce bills this year that will do-away with newspaper publication of public notices.

PNM: For other newspaper industry representatives who may eventually be faced with a similar situation in their state, can you quickly name the three most important things WNA did to protect its members’ public notice franchise?

BENNETT:

1: A great business model for supporting the statewide public notice website and historical archiving of all public notices via the Wisconsin newspaper archive which dates back to 2005.

2: Providing the Council with the “big” picture of just how involved a process the publication of public notices is.

3. Successfully arguing that there is no other third-party vendor that can represent all of the needs of public notice advertisers like newspapers.

PNM: Did you organize any grassroots outreach by members during this process?

BENNETT: We did not ask members to reach out. There was no real “ask” during the review. We believed that it was better not to lean on the public officials that were a part of the committee before knowing if we even had a problem.

PNM: Was there a key moment in the process when you realized, “Ok, this isn’t going to end badly?”

BENNETT: Yes. It was a real eye-opening moment for the government representatives on the committee when our folks pointed out that the courts and private citizens also place notices and would be affected by any changes in the law. I guess it was the first time they realized that it’s not just units of government that would be affected by any decision made on the publication of public notices.

PNM: Did the process reveal any holes in the Wisconsin newspaper industry’s handling of public notices that you think needs to be corrected?

BENNETT: Only that we would be advised to call on our public notice advertisers in the same way that we call on all other advertisers.

Kentucky, Wisconsin Conclude Public Notice Reviews on Positive Note

wisconsinCommittees formed to review public notice laws in two states adjourned last month after showing strong support for maintaining public notices in newspapers. Wisconsin’s Legislative Study Committee on Publication of Government Documents and Legal Notices ended its review on Oct. 10, deciding to recommend only one change to a minor category of notices. Three days later, the Kentucky General Assembly’s Program Review and Investigations Committee ended its 27-month study with no changes.

“The final recommendation of the (Legislative Study Committee) unanimously supported the continued publication of public notices in newspapers,” said Beth Bennett, executive director of the Wisconsin Newspaper Association (WNA), in an email sent to her members following the committee’s third and final hearing. “We believe that the committee conclusions and recommendations will benefit newspaper efforts to fight off attempts to eliminate public notice going forward.”

Bennett said the legislation recommended by the committee would slightly modify a category of notices required to be published by local government units. She said WNA has not opposed the change in the past and will review the legislation when it is drafted.

The review in Kentucky was prompted by a senator’s assertion that the state could save a significant amount of money by moving public notices from newspapers to government websites. The committee staff presented highlights from its 115-page report at its final hearing, which also featured testimony from Kentucky Press Association (KPA) Executive Director David Thompson.

The report showed wide variations in the estimated cost of public notice spending by individual counties, cities, and school districts. Nevertheless, even jurisdictions that spent the most, percentage-wise, devoted a mere fraction of their budget to public notice advertising, according to the minutes of the meeting. For instance, although the city of Sadieville, with a population of 313, spent less than half of 1 percent of its budget on public notice, Louisville/Jefferson County spent even less, just two-hundredths of 1 percent.

KPA’s Thompson told the committee that the state should continue to require public notices in newspapers to support government transparency and ensure taxpayers know how their tax dollars are spent. He said a change in the law and consequent loss of revenue would “be detrimental to weekly papers (who’ve told him) they would probably have to cut one or two employees,” according to a report in The Daily Independent of Ashland.

“Several committee members made comments and asked questions but none were convinced moving notices out of newspapers is best for taxpayers,” reported KPA’s member website.

Note: The photo illustrating this post shows Gregg Walker (left), publisher of The Lakeland Times in Minocqua and the Northwoods River News in Rhinelander, and Andrew Johnson, publisher of the Wisconsin Free Press Group, testifying in July before the Legislative Study Committee. Photo courtesy of the Wisconsin Newspaper Association.