Committee kills bill that would have moved legal notices to Internet only

By Howard Fischer
Capitol Media Services
Published/Last Modified on Thursday, March 5, 2009 1:49 PM MST


PHOENIX  Arizona businesses are going to have to keep publishing their legal notices in newspapers, at least for the time being.


On a 3-5 vote Tuesday, the House Government Committee killed legislation that would have replaced requirements that date to territorial days with posting instead on the World Wide Web.

Several of the foes of HB 2261 said they agree with Rep. Andy Biggs, RGilbert, that online publication makes more sense in the 21st century than newspapers, some of which have very small circulation. But they said they were dissuaded by the fact that the Arizona Corporation Commission, which would do the posting, does not yet have a web site capable of doing what the legislation would have required.

State law requires registration with either the commission or the Secretary of State’s office before entities actually can conduct business in Arizona. Documents include articles of incorporation, amendments and mergers, as well as dissolutions and withdrawal from business in Arizona.

Most of these must be published in an official newspaper in the county of incorporation.

Biggs said the cost of publication amounts to an additional tax on business and “corporate welfare’’ for the newspapers, many of which depend heavily on those legal notices.

The measure drew opposition from the Arizona Newspapers Association.

“These notices keep the public aware of who’s coming into a town, why they’re coming into a town, what type of business they’re going to be conducting in that town, if they’re closing shop or if they’re going to change their focus,’’ said Ginger Lamb, who also is publisher of the Arizona Capitol Times. She rejected Biggs’ contention that the publication fees amount to a tax, calling it “a cost of doing business that a reasonably prudent business person should be expected and gladly pay.’’

And Lamb said publication should be done by an independent third party, not the government.

But Biggs questioned whether there really is any more access in newspapers than the Internet.

He pointed out to colleagues there is no requirement to publish in newspapers the financial disclosure reports of their contributions and expenses they file every time they run for reelection. Instead, Biggs noted, that information is available either in person at public offices or on the Internet.

Lamb said that 28 percent of Arizonans do not have Internet access, particularly in rural areas. But Biggs countered that newspapers are not read by everyone, either.

Rep. Frank Antenori, RTucson, said the problem is not so much access as technical expertise.

“I have people that don’t quite get there,’’ said Antenori, whose district includes the retirement community of Green Valley.

Rep. Chad Campbell, DPhoenix, said he thinks the day will come when it no longer makes sense to publish legal notices in newspapers. But Campbell said he doesn’t think Arizona is quite there yet.

 

Comments

Write a Comment

Comment posters are responsible for the opinions they express and the accuracy of the information they provide. We urge comment writers to treat this as a public forum where manners matter. We encourage a collegial, non-insulting tone. All readers comments must be approved by our staff before posting to the Web site. They review submitted comments periodically during the day for offensive or off-topic content before posting. Be aware, in accordance with the Communications Decency Act and provisions upheld in judicial appeal, that you are responsible for comments posted on this Web site. The Douglas Dispatch is not liable for messages from third parties.

DO NOT POST:
* Potentially libelous statements or damaging innuendo.
* Obscene, explicit, or racist language.
* Personal attacks, insults or threats.
* The use of another person's real name to disguise your identity.
* Comments unrelated to the story.
* Personal Information (phone numbers, addresses, etc.)

Opinions, advice and all other information expressed in douglasdispatch.com's reader comments represent the individual's own views and not necessarily those of the Douglas Dispatch. The Douglas Dispatch does not endorse and is not responsible for statements, advice or opinions offered by anyone other than authorized Douglas Dispatch spokespersons.

Your thoughtful contribution to the online discussion is appreciated.

(optional)
   









Contact Us

Email the Editor
530 11th Street (85607)
P.O. Drawer H
Douglas, AZ 85608
tel: 520.364.3424
fax: 520.364.6750