Pennsylvania SB 194: An Act Amending Titles 45 (Legal Notices) and 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in preliminary provisions, further providing for definitions; in legal advertising, further providing for use of trade publications and providing for local government unit advertising requirements; and, in open meetings, further providing for definitions.

Bill Text

PRIOR PRINTER'S NO. 144 PRINTER'S NO. 933
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 194
Session of
2025
INTRODUCED BY MASTRIANO, PHILLIPS-HILL, PENNYCUICK, BROWN, YAW
AND LAUGHLIN, JANUARY 29, 2025
SENATOR KEEFER, LOCAL GOVERNMENT, AS AMENDED, JUNE 10, 2025
AN ACT
Amending Title 45 (Legal Notices) of the Pennsylvania
Consolidated Statutes, in legal advertising, providing for
methods for advertising.
AMENDING TITLES 45 (LEGAL NOTICES) AND 65 (PUBLIC OFFICERS) OF
THE PENNSYLVANIA CONSOLIDATED STATUTES, IN PRELIMINARY
PROVISIONS, FURTHER PROVIDING FOR DEFINITIONS; IN LEGAL
ADVERTISING, FURTHER PROVIDING FOR USE OF TRADE PUBLICATIONS
AND PROVIDING FOR LOCAL GOVERNMENT UNIT ADVERTISING
REQUIREMENTS; AND, IN OPEN MEETINGS, FURTHER PROVIDING FOR
DEFINITIONS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 45 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 311. Methods for advertising.
(a) Advertisement or notice requirements.--Notwithstanding
the provisions of this title or any law or regulation to the
contrary, when an advertisement or notice is required by law,
rule or regulation, a local government unit shall satisfy the
requirement by using one of the following methods:
(1) a newspaper as defined in section 101 (relating to
definitions), printed or circulated generally in the county
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in which the local government unit is located;
(2) the local government unit's publicly accessible
Internet website; or
(3) the publicly accessible Internet website of a
newspaper listed in paragraph (1) or any other publicly
accessible Internet website that has the primary purpose of
posting advertisements or notices.
(b) Legal journal requirement.--Use by a local government
unit of a method specified in subsection (a) to satisfy the
requirement to publish an advertisement or notice required by
law, rule or regulation does not relieve the local government
unit of the duty to publish in a legal journal if otherwise
required to by section 308 (relating to additional publication
in legal journals) or other provision of law.
(c) Requirements for advertisements.--Use by a local
government unit of a method specified in subsection (a)(2) or
(3) to satisfy the requirement to publish an advertisement or
notice required by law, rule or regulation shall also require a
local government unit to do the following:
(1) Post a copy of each advertisement or notice
prominently at the principal office of the local government
unit or at the public building in which the local government
unit meets. If an advertisement or notice is unable to be
posted at the principal office of the local government unit
or at the public building in which the local government unit
meets, the county in which the local government unit is
located shall provide space for the postings where the local
government unit is responsible for posting its advertisements
or notices.
(2) Adopt a resolution declaring the local government
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unit's intent to use one or more of the methods in subsection
(a)(2) or (3) to satisfy the requirement to publish an
advertisement or notice required by law, rule or regulation
prior to utilizing one of those methods. If the methods of
advertising are revised or updated, the local government unit
shall declare its intent by a new resolution and specifically
identify the new methods of advertising. Following adoption
of a resolution under this paragraph and prior to publishing
an advertisement or notice using the methods specified in
subsection (a)(2) or (3), the local government unit shall
publish notice in all methods of advertising utilized
immediately prior to adopting the resolution , announcing that
advertisements and notices shall be made public using the
alternative methods selected by the local government unit.
(3) Retain a copy of the advertisement or notice for no
less than three years.
Section 2. This act shall take effect in 60 days.
SECTION 1. THE DEFINITION OF "PUBLICATION" IN SECTION 101(A)
OF TITLE 45 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED
AND THE SUBSECTION IS AMENDED BY ADDING DEFINITIONS TO READ:
§ 101. DEFINITIONS.
(A) DEFINITIONS APPLICABLE TO PRINTING OR NEWSPAPER
ADVERTISING LAWS.--SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED
IN SUBSEQUENT PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO
SPECIFIC PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND
PHRASES WHEN USED IN:
(1) THIS TITLE; OR
(2) ANY OTHER LAW RELATING TO PRINTING OR NEWSPAPER
ADVERTISING;
SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
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MEANINGS GIVEN TO THEM IN THIS SUBSECTION:
* * *
"ALTERNATIVE PUBLICATION METHOD." A METHOD OF ADVERTISING OR
PUBLIC NOTICE THAT IN