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SPONSOR: |
Godbey |
DATE TYPED: |
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HB |
667/aHJC |
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SHORT TITLE: |
Electronic Posting of Legal Notices |
SB |
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ANALYST: |
Maloy |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Responses
Received From
Office
of the Attorney General
SUMMARY
The House Judiciary Committee has amended House Bill 667 to provide that a failure to electronically post does not constitute grounds for challenging or otherwise delaying a proceeding if the proceeding had been properly noticed and advertised pursuant to the non-electronic notice requirements.
This amendment affirms the intent of electronic posting as a means of convenience, and not the primary means of providing notice.
House Bill 667 requires state agencies and political subdivisions to post and index legal notices and advertisements on their websites.
With regard to political subdivisions, the requirement is to be imposed only if the subdivision has a website.
1.
Electronic posting is intended as an
additional manner of posting, not a substitute for required publication of
legal notices and advertisements.
2.
The bill
assumes all state agencies have web sites.
Are there any agencies that do not?
3.
The term
“legal notices and advertisements” should be clarified or defined.
Unless the term “legal
notices and announcements” is intended to cover only notices required and
regulated by law, the term should likely be defined in the bill to clarify
it is to include all announcements of interest to the public regardless of
whether they are required by law.
4.
The electronic
posting is not to be in lieu of other currently existing posting requirements,
such as in the newspaper or the State’s Records and Archives publications.
FISCAL IMPLICATIONS
Any fiscal or
administrative impact from complying with HB 667 would be minuscule.
SJM/njw:yr