THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HORNAMAN, McILVAINE SMITH, CALTAGIRONE, CURRY, MIRABITO, BRENNAN, D. COSTA AND HALUSKA, JULY 20, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JULY 20, 2009  

AN ACT

Amending Title 45 (Legal Notices) of the Pennsylvania

Consolidated Statutes, adding a definition of "community

paper of mass dissemination"; and further providing for legal

advertising.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 101(a) of Title 45 of the Pennsylvania

Consolidated Statutes is amended by adding a definition 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

meanings given to them in this subsection:

* * *

"Community paper of mass dissemination."

(1)  A printed paper or publication, bearing a title or

name, and conveying reading or pictorial intelligence of

passing events, local or general happenings, printing

regularly or irregularly editorial comment, announcements,

miscellaneous reading matter, commercial advertising,

classified advertising, legal advertising and other notices,

and which has been issued in numbers of four or more pages at

short intervals, either daily, twice or more often each week,

or weekly, continuously during a period of at least six

months, or as the successor of such a printed paper or

publication issued during an immediate prior period of at

least six months, and which has been circulated and

distributed from an established place of business to the

community at large.

(2)  For purposes of this definition, continuous

publication shall not be deemed interrupted by any

involuntary suspension of publication resulting from loss,

destruction, failure or unavailability of operating

facilities, equipment or personnel from whatever cause, and

any community paper of mass distribution so affected shall

not be disqualified to publish official and legal advertising

in the event that publication is resumed within one week

after it again becomes possible.

(3)  A community paper of mass dissemination shall do one

of the following:

(i)  Distribute through the United States mail to

entire local zip codes.

(ii)  Distribute by carriers to the majority of

established addresses, or be widely available at

numerous, widely visited public locations within the

political subdivision effecting the advertising and have

the distribution independently verified by an accredited

auditor of circulations.

* * *

Section 2.  Title 45 is amended by adding a section to read:

§ 311.  Use of community papers of mass dissemination.

(a)  General rule.--Any government unit may, at its

discretion, authorize publication in a community paper of mass

dissemination in substitution of publication in a newspaper of

general circulation.

(b)  Construction.--Nothing in this section alters or affects

the obligation to publish a legal notice in a legal newspaper.

Section 3.  This act shall take effect in 60 days.