AAC
paper of general circulation in every county by Nov. 30 of the year after receiving the property (rather than the previous voluminous notice). Te brief notice must contain a state- ment that the held property is presumed abandoned and in the Auditor of State’s custody. Te notice must explain that information about the particular property can be found by consulting the Auditor of State’s website and phone number, or on notice posted at the county courthouse. Tese state- ments are required to include the Auditor of State’s internet address and office telephone number. State Auditor Andrea Lea said her office has determined one of the most efficient ways to communicate with Arkansans and reunite them with their unclaimed property is online and through social media. Act 592 allows the office to use their advertising dollars on both traditional publication and online media. Almost everyone has a phone in their hands. Tey have found direct communication is the best method rather than attempting to communicate through a third party. “With newspapers, people often have to pay to get the information. For the sake of being efficient and effective in returning unclaimed property, we want to avoid as many bar- riers as possible,” Lea said. HB1665 received 31 votes in the Senate and 93 in the House before becoming Act 592.
Act 514 of 2017, Delinquent minerals: In 2017, Act 514 became law, addressing notice procedures for delinquent property taxes owed on mineral interests. Originating as SB114 and sponsored by Sen. Bart Hester and Rep. (now Senator) Kim Hammer, Act 514 requires a county collector to “prepare a list of the delinquent taxes on mineral inter- ests.” Te county collector is required to publish notice at the county courthouse and through the county website in their county. Te collector is additionally required to provide the list to the Association of Arkansas Counties (AAC) before the county collector may begin collecting the delinquent taxes. Te AAC is required to have a publicly accessible website “dedicated to publishing notice of delinquent taxes on mineral interest …” Upon receiving the delinquent mineral interest tax list sent by a county collector, the AAC must publish the list on their website (
www.artransparency.gov) in the format described in A.C.A. § 26-36-213(a)(1)(C), within 7 days. Under Act 514, the county collector must publish notice in a newspaper of general circulation in the county or district for which the list is being published. If the county or district lacks such a newspaper, the notice must be “in the nearest newspaper having general circulation in the county or district for which the list is being published.” Te notice must include the website or websites where the delinquent mineral interest tax list may be found. “SB114 was designed to clarify and modernize notice
procedures for delinquent taxes on mineral interests,” said Sen. Hester. “In an increasingly digital and online world,
COUNTY LINES, SPRING 2021
RESEARCH CORNER
procedures for the publication of notice need to be updated. SB114 was a critical step in doing just that, by providing a modernized approach for Arkansas, I look forward to explor- ing more options for publication in future legislation.” SB114 received 80 votes in the House and 32 votes in the Senate before becoming law.
Act 1075 of 2019, Online bidding and publication of notice for public works construction projects: Act 1075 was designed partially to address online advertisements of notices for government units intending to receive bids. Act 1075 began as SB409, sponsored by Sen. Scott Flippo, Sen. Jimmy Hickey, Jr., and Rep. Marcus Richmond. Under Act 1075, public agencies may contract with a “vendor” to provide online advertisements of notices that show a public agency’s intention to receive bids. Selected vendors must maintain on their website a clearly designated and accessible area for public notices. Additionally, vendors are required to provide a free and public view of advertisements of a notice of intention to receive bids. Vendors cannot provide these services until the public agency has complied with additional requirements under Act 1075. Tere are differing notice requirements for cities, counties, and towns compared to school districts. School districts face fewer, yet very similar, requirements under A.C.A. § 22-9-906. SB409 passed the Senate with 34 votes and was approved by the House with 95 votes.
Act 954 of 2021, Transparency on publication costs by newspapers: Despite declining newspaper circulation, news- papers have increased the cost of publication of legal notices. Sponsored by Sen. Scott Flippo and Rep. Austin McCollum, SB610 became law as Act 954. In Arkansas, a publication in a newspaper required to be made by a county or municipality must include a statement identifying the county or munici- pality and the accompanying office responsible for the pay- ment of the publication. Additionally, the publication must disclose the amount paid for the publication. Tis statement is to provide transparency, and there are specific font require- ments. Tis information will inform the citizenry of the costs versus the benefits of publication of the particular notice by virtue of a newspaper in Arkansas. SB610 was approved by the Senate with 34 votes and passed by the House with 85 votes.
Conclusion
Te law for legal notice in Arkansas is evolving with recent changes by the General Assembly. Many areas of Arkansas face challenges with the current use of newspapers for pub- lication of notice. As the world becomes increasingly digital and internet driven, further action is necessary to ensure sufficient legal notices are “given wide and general publicity” and reach all parts of our state, urban and rural.
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