PRINTER'S NO.  634

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

633

Session of

2011

  

  

INTRODUCED BY CREIGHTON, FEBRUARY 14, 2011

  

  

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 14, 2011  

  

  

  

AN ACT

  

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Amending Title 45 (Legal Notices) of the Pennsylvania

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Consolidated Statutes, providing for electronic publication

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of legal notices.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 45 of the Pennsylvania Consolidated

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Statutes is amended by adding a chapter to read:

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CHAPTER 4

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ELECTRONIC LEGAL ADVERTISING

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Sec.

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401.  Scope of chapter.

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402.  Definitions.

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403.  Electronic advertising.

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404.  Complaints and service accessibility failures.

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405.  Copies of legal notices.

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406.  Time for posting.

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407.  Responsible official.

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408.  Creation of proof of publication.

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409.  Proof of publication.

 


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410.  Other notice and advertising requirements.

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§ 401.  Scope of chapter.

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This chapter relates to electronic legal advertising.

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§ 402.  Definitions.

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The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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"Electronic publication" or "electronically publish."  The

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public advertisement of a legal notice in HyperText Markup

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Language format (HTML) or an equivalent language format on an

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official government Internet website.

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"Notice website."  An Internet website that is maintained by

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a governmental unit, or by a third party under contract with the

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unit, that contains links to the legal notices electronically

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published by the governmental unit.

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"Official Internet website" or "official website."  The

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Internet location designated by a governmental unit as its

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primary source of information about the governmental unit on the

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Internet.

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§ 403.  Electronic advertising.

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Whenever a governmental unit is required by law to publish a

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legal notice in one or more newspapers of general circulation,

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the governmental unit or its representative may publish the

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notice on an official government notice website instead of in a

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newspaper of general circulation, if all of the following

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requirements are met:

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(1)  The governmental unit, or the host of the notice

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website, shall enter into a service-level agreement with an

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Internet service provider that guarantees the site is

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accessible to the public over the Internet at least 98% of

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the time, 24 hours a day, 365 days a year.

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(2)  The governmental unit's official Internet website

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containing the notice website shall be registered with the

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Office of Information Technology of the Office of

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Administration, for posting on a State Internet website that

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lists Internet sites of governmental units.

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(3)  The governmental unit's official Internet website

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shall prominently display a link to the notice web page,

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which shall be an index web page, containing a list of all

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current legal notices of the unit, with links to the full

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text of those notices, not just to summaries of those

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notices. The index web page shall also contain a search

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function and other features that improve public accessibility

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to legal notices.

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(4)  Each web page on the official website with a link to

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the notice web page or index web page, as well as the notice

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website itself, shall contain an e-mail link to submit a

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complaint to the governmental unit if access to any legal

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notice fails.

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§ 404.  Complaints and service accessibility failures.

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A governmental unit shall review all complaints reported

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under section 403(4) (relating to electronic advertising) or

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otherwise to determine the cause of any service accessibility

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failure, and it shall document the findings and any action taken

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to resolve the failure. The governmental unit shall keep and

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make available for public inspection all records of complaints

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and service accessibility failures.

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§ 405.  Copies of legal notices.

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Whenever an individual is unable to access an electronic

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publication of a legal notice, the issuing governmental unit

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shall provide a copy of the notice to the individual free of

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charge.

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§ 406.  Time for posting.

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Notices shall remain available on the notice website at least

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until the last posting date required by law has expired or until

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the event described in a notice has taken place, whichever is

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later.

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§ 407.  Responsible official.

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A governmental unit shall designate an official to be

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responsible for electronic publication and shall post the name

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and contact information of the official on the notice website.

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§ 408.  Creation of proof of publication.

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The governmental unit shall create and keep or have provided

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by the notice website contractor a proof of publication for each

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legal notice. The proof of publication shall state that the

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legal notice was posted from the initial date through either the

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last posting date required by law or the date when the event

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described in a notice takes place, whichever occurs later.

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§ 409.  Proof of publication.

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Proof of publication of an electronically published legal

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notice for the purpose of complying with public notice

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requirements shall be satisfied and deemed conclusive upon the

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provision of a copy of the proof of publication, certified by

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the official designated under section 407 (relating to

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responsible official), stating that the notice was posted from

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the initial date until the last posting date required by law.

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§ 410.  Other notice and advertising requirements.

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Nothing in this chapter shall negate or effect any

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requirement in law, regulation or rule requiring that a notice

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or other advertisement be published in a periodical designated

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by the rules of court of a county for the publication of legal

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notices.

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Section 2.  This act shall take effect in 60 days.

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