PRINTER'S NO. 199
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
231
Session of
2023
INTRODUCED BY DiSANTO, PHILLIPS-HILL, L. WILLIAMS, BARTOLOTTA,
COLEMAN, GEBHARD, PENNYCUICK, ROTHMAN, VOGEL AND YAW,
JANUARY 31, 2023
REFERRED TO LOCAL GOVERNMENT, JANUARY 31, 2023
AN ACT
Amending Title 45 (Legal Notices) of the Pennsylvania
Consolidated Statutes, in legal advertising, providing for
methods for advertising.
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:
ยง 311. Methods for advertising.
(a) General rule.--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
in which the local government unit is located;
(2) the local government unit's publicly accessible
Internet website using hypertext markup language (HTML)
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format or an equivalent language format; 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 using HTML format or an
equivalent language format.
(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
unit's intent to use one or more of the methods in subsection
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(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.
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