LEGAL NOTICES/REQUIRE INTERNET PUBLICATION

View NCGA Bill Details2013-2014 Session
House Bill 755 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLED AN ACT TO REQUIRE INTERNET WEB STIE PUBLICATION OF LEGAL NOTICES.
Intro. by McGrady, West.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House Action) (May 15 2013)

SOG comments (1):

Short and long title change.

House amendment changes the short and long titles.  The original titles are as follows:

DENR Electronic Notice.

A BILL TO BE ENTITLED AN ACT TO AMEND CERTAIN DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES NOTICE REQUIREMENTS TO AUTHORIZE ELECTRONIC NOTIFICATION AND DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES TO IDENTIFY OTHER NOTIFICATION REQUIREMENTS IN STATUTE OR RULE FOR WHICH ELECTRONIC NOTICE MAY BE ADEQUATE.

H 755

Bill Summaries:

  • Summary date: May 15 2013 - More information

    House amendment makes the following changes to the 2nd edition.

    Changes the short and long titles.

    Deletes the provisions of the previous edition in their entirety and makes the following proposed changes.

    Amends GS 1-596 (Charges for legal advertising), providing that when a government notice is required to be published more than once and is paid for by the government entity, but not paid in advance by or recouped from private parties, then the governmental entity cannot be charged for the second and successive insertions of that notice at a rate greater than 85% of the original rate.

    Amends GS 1-597 (Regulations for newspaper publication of legal notices, advertisements, etc.), establishing rules and requirements for electronic and internet publication of legal notices or other documents or papers that are required by NC law to be published in a newspaper including but not limited to, that each notice must be placed on the newspaper's website, at no additional charge, on the same day that the notice appears in the newspaper, and that if a legal notice is published in the newspaper but cannot be published on the newspaper's website, the publishing newspaper will place the notice on the statewide internet website, established and maintained by the NC Press Association as a repository for such notices. Includes provisions for email notifications and concerning errors in notices posted online.

    Makes technical changes.

    Provides that the validation of any publication, advertisement, or notice under a previous enactment of GS 1-597 remains in effect and is not affected by changes to the statute by this act.

    Effective October 1, 2013, and applies to notices that must be published on or after that date, except that it does not apply to notices permitted to be published on a government website in lieu of newspaper publication pursuant to an ordinance enacted before that date.

     


  • Summary date: May 6 2013 - More information

    House committee substitute makes the following changesto the 1st edition.

    Amends GS 74-51 to require the Department of Environment and Natural Resources (DENR) to publish, at least 10 days before the hearing date,notice of a public hearing on any application for, or modification of, a mining permit(1) electronically on DENR's web site and (2) via email to interested parties who have requested notification.

    Amends GS 113-302, regarding new and renewal leases for shellfish cultivation, to require that a notice of a public hearing regarding the approval of a lease application must be published electronically on DENR's web site and via email to interested parties who have requested notification. Also provides that service by publication may be accomplished by electronic publication on DENR's web site and via email. Notice by publication requires that the notice be published on DENR's web site for a minimum of 30 days.

    Requires DENR to report to the Environmental Review Commission, on both January 1, 2014, and January 1, 2015, on the effectiveness and implementation of the electronic notice authorized in this act.

    Deletes changes to GS 143-215.1(c)(2) and (3), which authorized publicnotice via electronic means of any proposed final action granting or denying certain permit applications, or of a public hearing on any such permit applications or renewals. Also, deletes changes to GS 143-215.4(b)(1) and (2), regarding the use of electronic publication in providing notice for public input.

    Renumbers the sections accordingly and makes conforming changes.


  • Summary date: Apr 11 2013 - More information

    Amends GS 87-87 to make the Environmental Management Commission (EMC) responsible for publishing notices of public hearings on proposed rules and regulations, both electronically on the Department of Environment and Natural Resource's (DENR) website and via email to a list of interested parties who have requested notification. Also requires notice electronically on DENR's website and via email to a list of interested parties who have requested notification in GS 143-215.1 (concerning applications for permits and renewals for facilities discharging to the surface waters), GS 143-215.2 (concerning public notice and review of consent orders), GS 143-215.4 (concerning procedures for public input). Effective July 1, 2013.

    Requires DENR to review the notification requirements in the statutes and rules under its purview and identify those for which electronic notice would provide for adequate public notice. Requires a report to the EMC by October 1, 2013.


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