By Dana Hess
For the S.D. NewsMedia Association
PIERRE—After fighting off two attempts in the 2023 legislative session to change the definition of a legal newspaper, the South Dakota Newspaper Association has changed its name and its attitude toward free newspapers.
On Friday, the Senate Local Government Committee unanimously endorsed SB75 which makes the changes necessary to the definition of a legal newspaper to allow free publications like The Dakota Scout of Sioux Falls and The Aberdeen Insider to publish public notices.
Speaking in favor of the bill was David Bordewyk, executive director of the South Dakota NewsMedia Association. Formerly the South Dakota Newspaper Association, Bordewyk said SDNA now represents the state’s newspapers as well as various digital-first outlets in the state.
“This bill recognizes the change in trends occurring in the news environment nationwide and also in our state,” Bordewyk said. “It’s a good, proactive step toward keeping pace with those trends.”
Bordewyk explained that the bill allows free distribution newspapers to become the official newspaper for local government entities like school boards, county commissions and city councils. The criteria for a free distribution newspaper to publish the minutes of meetings and bid notices is that it must have a print publication of at least 500 copies, at least 200 online subscribers and have its circulation audited annually by a recognized auditing agency.
Free distribution newspapers must also meet the same criteria as subscriber-based newspapers on frequency of publication, percentage of news content, maintaining an office and office hours and publishing an annual statement of publication.
“Senate Bill 75 contains strong safeguards to ensure that public notices are delivered to an intended audience and community served by the newspaper,” Bordewyk said.
Last year’s attempts to change the definition of a legal newspaper were accompanied by complaints about daily newspapers in Sioux Falls, Aberdeen and Watertown that are owned by Gannett. Corporate decisions have led to those newspapers cutting staff as well as local news content.
Speaking in favor of this year’s bill were representatives of The Dakota Scout and The Aberdeen Insider.
Troy McQuillen, publisher of The Aberdeen Insider, said his publication has been contacted by schools, the county and the city about the possibility of placing public notices in his free weekly newspaper.
“We are experiencing a tremendous need in our community for the ability to post legal postings,” McQuillen said.
Also testifying in favor of the bill were the South Dakota Municipal League and the South Dakota Association of Towns and Townships.
There was no testimony in opposition to the bill.
Committee member Randy Deibert, R-Spearfish, said he has witnessed a trend in which ownership of local newspapers by large corporations leads to less local news.
“If we can reinvest in local newspapers and local news, I support that,” Deibert said.
Committee chairman Tim Reed, R-Brookings, praised the quality of the work of what he called the “newer type of news media. But we had to make sure we were protecting public notices. That’s something that newspapers have provided for years.”
The bill was endorsed on a 7-0 vote and now goes to the full Senate.
