HB 1291 — An Act amending Title 45 (Legal Notices) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in legal advertising, further providing for level of advertising rates, for effect of failure to advertise when required and for no unauthorized advertisements to be published and providing for publication in newspapers of general circulation; and making editorial changes.

PRINTER'S NO.   1466

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1291
                                               Session of
                                                 2025

     INTRODUCED BY FREEMAN, KUZMA, MADDEN, GIRAL, HILL-EVANS,
        SANCHEZ, HADDOCK, NEILSON, KINKEAD, DAVIDSON, ZIMMERMAN,
        MALAGARI, BIZZARRO, RYNCAVAGE, GILLEN, MADSEN, BOROWSKI,
        VENKAT, PROBST, CEPEDA-FREYTIZ, HANBIDGE AND WAXMAN,
        APRIL 23, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 23, 2025


                                     AN ACT
 1   Amending Title 45 (Legal Notices) of the Pennsylvania
 2      Consolidated Statutes, in general provisions, further
 3      providing for definitions; in legal advertising, further
 4      providing for level of advertising rates and for no
 5      unauthorized advertisements to be published and providing for
 6      publication in newspapers of general circulation; and making
 7      editorial changes.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The title heading, section 101(a), Chapter 3
11   heading and sections 303 and 310 of Title 45 of the Pennsylvania
12   Consolidated Statutes are amended to read:
13                                  TITLE 45
14                      LEGAL NOTICES AND PUBLIC NOTICES
15   § 101.   Definitions.
16      (a)   Definitions applicable to printing or newspaper
17   advertising laws.--Subject to additional definitions contained
18   in subsequent provisions of this title which are applicable to
19   specific provisions of this title, the following words and
 1   phrases when used in:
 2          (1)    this title; or
 3          (2)    any other law relating to printing or newspaper
 4      advertising;
 5   shall have, unless the context clearly indicates otherwise, the
 6   meanings given to them in this subsection:
 7      "Advertisement."     A [printed] legal notice or public notice,
 8   relating to any matter, authorized by any person, which is
 9   published for a valuable consideration in a publication, and
10   which may be required by law, rule, order, or decree of court,
11   or resolution of any corporation, or unincorporated association,
12   or by action of any government unit.
13      "Advertiser."     Any person who orders and directs a notice or
14   advertisement to be [printed or] published in a publication.
15      ["Advertising rule."     The line between, or which separates,
16   any two advertisements or notices.
17      "Agate."     A type 5 1/2 type points in depth or height.
18      "Bourgeois."     A type 9 type points in depth or height.
19      "Brevier."     A type 8 type points in depth or height.]
20      "Carrier."     A person engaged for hire in the delivery of
21   publications.
22      "Circulation."     The number of copies printed, issued, sold,
23   or subscribed for, by the day, week, month, or year, at a
24   particular price for each [copy] issue, or for a series of
25   issues over a definite period by any publication, but the term
26   does not include [copies] issues exchanged for other
27   publications or copies or issues circulated gratuitously.
28      "Classified advertising."     Intelligence or notices, published
29   [and printed in small or inconspicuous type,] as advertising,
30   classed with similar notices of advertising, and for which

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 1   compensation is intended to be charged.
 2      "Class magazine" or "class newspaper."   A [printed] paper or
 3   publication containing class, professional, trade, commercial,
 4   technical, scientific, educational, religious, financial, legal
 5   or other matter and intelligence, intended to be disseminated
 6   exclusively among subscribers or readers concerned or interested
 7   in the subject matters published.
 8      ["Column."    A single unit or upright section, of the total
 9   height of the type printed page, as separated from the remainder
10   of the page by a line, rule, or space, and not less than ten ems
11   pica in width.
12      "Column rule."   The printed line between, or which separates,
13   the printed columns of any type page.]
14      "Continuous publication."   A publication that is accomplished
15   on a regular basis according to the respective requirements
16   established for a digital newspaper, free newspaper, online-only
17   newspaper and printed newspaper. The term shall not be deemed
18   interrupted by any involuntary suspension of publication
19   resulting from the loss, destruction, failure or unavailability
20   of operating facilities, software, hardware, equipment or
21   personnel from whatever cause, and any newspaper so affected
22   shall not be disqualified to publish legal notices and public
23   notices in the event that publication is resumed within one week
24   after it again becomes possible.
25      "Court."   A court or tribunal of record, established for the
26   public administration of justice under the provisions of the
27   Constitution of Pennsylvania or any statute.
28      "Daily newspaper."   A newspaper regularly published at least
29   [five] two days in the week[, either including or excluding
30   Sundays and legal holidays].

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 1      "Decree."     A decision, judgment, order or sentence of any
 2   court.
 3      "Digital newspaper."       A newspaper delivered in an electronic
 4   form on an Internet website that:
 5            (1)   is formatted similarly to a printed newspaper and
 6      produced in an archivable format;
 7            (2)   maintains an active news gathering in the
 8      publication area;
 9            (3)   is a continuous publication, has been actively
10      publishing for at least six months and is updated at least
11      weekly;
12            (4)   has as its primary purpose regularly reporting on
13      matters of importance to the public relating to local and
14      community issues in the publication area;
15            (5)   is easily accessible to the public through common
16      Internet search engines or other Internet search means;
17            (6)   contains conspicuous links or a heading on its
18      landing page that direct members of the public to legal
19      notices and public notices; and
20            (7)   one of the following:
21                  (i)    distributes, or has ownership interest in,
22            another entity that distributes, newspapers printed in
23            this Commonwealth;
24                  (ii)    is capable of circulating printed newspapers
25            throughout the publication area; or
26                  (iii)    is the digital descendant of a printed
27            newspaper product.
28      ["Display advertising."       Intelligence made conspicuous, and
29   designated by either reading matter, printed from various sizes,
30   kinds and styles of types or illustrations, and printed or

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 1   published for a compensation, demanded or intended to be
 2   received from those interested in, affected or served by, the
 3   subject matter published.
 4      "Em."    A square of a type, or a space equal to the square of
 5   the depth or height of a particular type, as measured by the
 6   number of points in height of the type.]
 7      "Free newspaper."     A printed newspaper:
 8            (1)    offered gratuitously and principally devoted to the
 9      dissemination of local or general news and other editorial
10      content, which shall not constitute less than 25% of overall
11      content, does not primarily serve as a platform for promoting
12      the interests of a special interest group, individual or
13      cause and follows ethics and standards of print journalism;
14      and
15            (2)    is a continuous publication and has been published
16      at not less than weekly intervals in the same community and
17      has been published for at least two years.
18      "Issue."     A single regular publication of a journal,
19   magazine, daily newspaper, digital newspaper, free newspaper,
20   online-only newspaper, newsletter, printed newspaper or trade
21   publication.
22      "Journal."     A newspaper, class newspaper, periodical, or
23   magazine.
24      "Law."      A statute, a home rule charter, or an enactment
25   entitled an ordinance, resolution, rule or regulation of any
26   government unit.
27      "Legal advertisement."      A notice, advertisement, publication,
28   statement, or abstract of a notice, advertisement, publication,
29   or statement, required by resolution of a corporation,
30   unincorporated association, or government unit, or ordinance of

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 1   a political subdivision, or by law, or by rule, order, or decree
 2   of court, to be published, for a valuable consideration, in
 3   either a newspaper of general circulation, a legal newspaper or
 4   an official newspaper.
 5      "Legal newspaper."    A newspaper which is a "legal
 6   periodical," "official legal newspaper," or "official legal
 7   periodical," publishing legal intelligence, as designated by
 8   general rule or rule of court for the publication of legal
 9   advertisements and notices required by law, rule, order, or
10   decree of court, to be published in a legal newspaper, legal
11   periodical, official legal newspaper, or official legal
12   periodical, so designated by general rule or rule of court.
13      "Legal notice."    When required to be printed or published,
14   either a legal advertisement, a legal notice, an official
15   advertisement, or an official legal notice.
16      ["Liners."     Advertisements, published as reading notices,
17   intelligence, or announcements for which compensation is
18   intended to be charged to those interested in the publication
19   thereof.
20      "Long primer."    A type 10 type points in depth or height.]
21      "Magazine."    Partakes of the nature of a periodical.
22      ["Minion."     A type 7 type points in depth or height.]
23      "News."   Narrative, or recent intelligence, disseminating
24   current information as to local, general, or world-wide
25   happenings, concerning any person or persons, matters of private
26   or public interest, or concerning any matters affecting the
27   public welfare.
28      ["Newspaper."
29          (1)   A printed paper or publication, bearing a title or
30      name, and conveying reading or pictorial intelligence of

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 1    passing events, local or general happenings, printing
 2    regularly or irregularly editorial comment, announcements,
 3    miscellaneous reading matter, commercial advertising,
 4    classified advertising, legal advertising, and other notices,
 5    and which has been issued in numbers of four or more pages at
 6    short intervals, either daily, twice or oftener each week, or
 7    weekly, continuously during a period of at least six months,
 8    or as the successor of such a printed paper or publication
 9    issued during an immediate prior period of at least six
10    months, and which has been circulated and distributed from an
11    established place of business to subscribers or readers
12    without regard to number, for a definite price or
13    consideration, either entered or entitled to be entered under
14    the Postal Rules and Regulations as second class matter in
15    the United States mails, and subscribed for by readers at a
16    fixed price for each copy, or at a price fixed per annum. A
17    newspaper may be either a daily newspaper, weekly newspaper,
18    newspaper of general circulation, official newspaper, or a
19    legal newspaper, as defined in this section. Continuous
20    publication within the meaning of this section shall not be
21    deemed interrupted by any involuntary suspension of
22    publication resulting from loss, destruction, failure or
23    unavailability of operating facilities, equipment or
24    personnel from whatever cause, and any newspaper so affected
25    shall not be disqualified to publish official and legal
26    advertising in the event that publication is resumed within
27    one week after it again becomes possible.
28        (2)   A printed paper or publication, regardless of size,
29    contents, or time of issue, or number of copies issued,
30    distributed and circulated gratuitously, is not a newspaper.

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 1          (3)   A printed paper or publication, not entitled to be
 2      entered, or which has been denied entry, as second class
 3      matter in the United States mails under the Postal Rules and
 4      Regulations of the United States is not a newspaper.]
 5      "Newspaper of general circulation."     As follows:
 6          (1)     A printed newspaper that:
 7                (i)    is issued daily, or not less than once a week,
 8          intended for general distribution and circulation, and
 9          sold at fixed prices per [copy] issue per week, per
10          month, or per annum, to subscribers and readers without
11          regard to business, trade, profession or class[.]; and
12                (ii)   has a website and posts all legal notices and
13          public notices published in print on the website and on
14          the Statewide public notice website both at no additional
15          cost.
16          (2)   If no printed newspaper that satisfies paragraph (1)
17      exists, a digital newspaper that posts all legal notices and
18      public notices on its website and on the Statewide public
19      notice website at no additional cost.
20          (3)   If no newspaper that satisfies either paragraph (1)
21      or (2) exists, and until such time as one does exist, a free
22      newspaper or an online-only newspaper. A free newspaper must
23      have a website and post all legal notices and public notices
24      thereon and on the Statewide public notice website at no
25      additional cost. An online-only newspaper shall post all
26      legal notices and public notices on the Statewide public
27      notice website at no additional cost.
28      "Newspaper website."     An Internet website maintained and
29   administered by a printed newspaper, digital newspaper, online-
30   only newspaper or free newspaper on which the printed newspaper,

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 1   digital newspaper, online-only newspaper or free newspaper posts
 2   news stories and items of public interest.
 3      ["Nonpareil."    A type 6 type points in depth or height.]
 4      "Notice."    A formal printed announcement, transmitting
 5   intelligence, information, or warning, to a particular person,
 6   or generally to all persons who may read such notice.
 7      "Official advertisement."     A notice, advertisement,
 8   publication, or statement, or an abstract of a notice,
 9   advertisement, publication, or statement, required to be made by
10   law, rule, order, or decree of court, by any person, or in the
11   conduct of the business of a private or public corporation, or
12   on the order of any government unit, or in the performance of
13   any official duty imposed by law, rule, order, or decree of
14   court, resolution or ordinance.
15      "Official advertising and legal advertising."     Any
16   advertisement, notice, statement, report, resolution, ordinance,
17   or abstract of the same, required by law, rule, order or decree
18   of court, by resolution of any board of directors, shareholders
19   or officers of any corporation or unincorporated association, or
20   any government unit to be printed and published for a valuable
21   consideration in a newspaper.
22      "Official newspaper."    A newspaper designated by a government
23   unit for the publication of notices and statements required by
24   rule, order, resolution, or ordinance of such unit.
25      "Online-only newspaper."     A newspaper that:
26          (1)     is available to the general public exclusively
27      online or digitally;
28          (2)     is a continuous publication and:
29                (i)   has been actively and continuously publishing
30          for at least one year;

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 1                (ii)    contains content that must be updated daily;
 2          and
 3                (iii)    is registered as a business with the
 4          Department of State of the Commonwealth;
 5          (3)   is principally devoted to the dissemination of local
 6      or general news and other editorial content that must
 7      constitute not less than 25% of overall content;
 8          (4)   follows the ethics and standards of print
 9      journalism;
10          (5)   has its own registered domain name;
11          (6)   does not serve as a platform promoting the interests
12      or opinions of a special interest group, individual or cause;
13          (7)   is easily accessible to the public through common
14      Internet search engines or other Internet search means;
15          (8)   contains conspicuous links or a heading on its
16      landing page that direct members of the public to legal
17      notices and public notices; and
18          (9)   is produced in an archivable format and content must
19      be archived on a server or website.
20      "Ordinance."      A municipal rule or regulation, adopted in the
21   manner required by statute or home rule charter, by the lawfully
22   constituted officers of any political subdivision or municipal
23   or other local authority.
24      "Periodical."     A printed paper or publication, issued in
25   pamphlet or book form, regardless of page size or number of
26   pages, at stated or regular intervals of more than one day
27   between each issue, containing either general, class, trade,
28   technical, scientific, serial articles, or other reading matter,
29   advertising, et cetera, and entitled to be entered as second
30   class matter in the United States mails under the Postal Rules

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 1   and Regulations of the United States.
 2      ["Pica."    A type 12 type points in depth or height.
 3      "Point."    A unit of measurement for determining the height of
 4   a type, letter, figure, or other character, or the width of a
 5   rule, as heretofore generally known and fixed by general
 6   agreement of certain type founders and manufacturers, at 0.0138
 7   inch in length.]
 8      "Printed newspaper."        As follows:
 9          (1)    A printed paper or publication that:
10                 (i)    bears a title or name and conveys reading or
11          pictorial intelligence of passing events, local or
12          general happenings, including regular or sporadic
13          editorial comment, announcements, miscellaneous reading
14          matter, commercial advertising, classified advertising,
15          legal advertising and other notices;
16                 (ii)    is a continuous publication and:
17                        (A)   is issued in numbers of four or more pages
18                 at short intervals, either daily, twice or more often
19                 each week or weekly; and
20                        (B)   is published continuously during a period of
21                 at least six months, or as the successor of such a
22                 printed paper or publication issued during an
23                 immediately prior period of at least six months.
24                 (iii)    is circulated and distributed from an
25          established place of business to subscribers or readers
26          without regard to number, for a definite price or
27          consideration, either entered or entitled to be entered
28          under the Postal Rules and Regulations as second class
29          matter in the United States mail, and subscribed for by
30          readers at a fixed price for each issue, or at a price

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 1          fixed per annum; and
 2                (iv)    may be a daily newspaper, weekly newspaper,
 3          newspaper of general circulation, official newspaper or a
 4          legal newspaper.
 5          (2)   The term does not include:
 6                (i)    a printed paper or publication, regardless of
 7          size, contents or time of issue, or number of copies
 8          issued, distributed and circulated gratuitously; and
 9                (ii)    a printed paper or publication, not entitled to
10          be entered, or which has been denied entry, as second
11          class matter in the United States mail under the Postal
12          Rules and Regulations of the United States.
13      "Proof of publication."     A printed or written statement,
14   declaring the name of a newspaper of general circulation, a
15   legal newspaper or an official newspaper, as defined in this
16   section, its place of business, when the same was established,
17   the date or dates, and issue or issues, in which a [printed]
18   legal notice, public notice or publication appeared[, and to
19   which is securely attached,] exactly as [printed or] published,
20   a copy of the official advertisement, official notice, legal
21   notice, public notice or legal advertisement, verified with a
22   statement of the owner, publisher, or the designated agent of
23   the owner or publisher, of such publication in which the
24   official or legal advertisement or notice was published, duly
25   sworn to before a person authorized to administer oaths, and
26   also declaring that the affiant is not interested in the subject
27   matter of the notice or advertising, and that all of the
28   allegations of the statement as to the time, place, and
29   character of publication are true.
30      "Publication."

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 1          [(1)]    The act of printing or posting online a legal
 2      notice or public notice[, advertisement, or proclamation,]
 3      for the purpose of disseminating information to individuals
 4      or the [people] public at large.
 5          [(2)    A journal, magazine, newspaper, class newspaper or
 6      periodical.]
 7      "Public notice."   When required to be printed or published,
 8   an official advertisement.
 9      "Rate."    The price or sum fixed for [printing and] publishing
10   [either official, legal, or commercial advertising, and may be
11   either a price or sum fixed for a single reading line in a
12   single column, or for a space of the depth of one inch in a
13   single column, or it may mean the particular stated sums or
14   prices fixed for printing and publishing official or legal
15   advertising, where the style and form does not vary except for
16   the names and addresses of the interested parties, such as
17   notices of applications for charters of incorporation,
18   shareholders' meetings, executors', administrators' or auditors'
19   notices, register of wills' audit notices, obituary or death
20   notices, et cetera.] legal notices or public notices.
21      ["Reading matter."   News or other printed matter, intended to
22   be read, as distinguished from intelligence notices,
23   announcements, display advertising, or advertising published for
24   a compensation.]
25      "Resolution."   A formal agreement or consent to do or not to
26   do a certain thing, which has been recorded upon the minutes or
27   records of a government unit, or by either the shareholders,
28   board of directors or other body of a corporation, or by the
29   members, directors, managers, or trustees of an unincorporated
30   association or society of individuals.

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 1      "Rule."    Any formal order or direction made by a tribunal or
 2   other government unit.
 3      ["Sample copy."    A copy of a publication distributed without
 4   charge or expense to prospective subscribers or advertisers, in
 5   numbers limited by the United States Postal Rules and
 6   Regulations governing second class mail matter.
 7      "Small pica."    A type 11 type points in depth or height.
 8      "Space."    The length and breadth of a printed type page, or
 9   any subdivision thereof, intended to be used for either news or
10   advertising matter of any kind.]
11      "Statewide association representing print and digital news
12   media organizations."    A Pennsylvania nonprofit organization:
13          (1)     approved by the Internal Revenue Service as a
14      section 501(c)(6) trade association representing the
15      interests of print and digital news media organizations in
16      this Commonwealth through advocacy, education and information
17      sharing;
18          (2)     headquartered in Harrisburg;
19          (3)     which includes as members a majority of newspapers
20      of general circulation serving this Commonwealth; and
21          (4)     that has been in existence continuously for at least
22      50 years.
23      "Statewide public notice website."    A website:
24          (1)     maintained and administered by a Statewide
25      association representing print and digital news media
26      organizations;
27          (2)     on which all newspapers of general circulation in
28      this Commonwealth post their legal notices and public
29      notices;
30          (3)     that is available for viewing and searching by the

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 1      public, free of charge; and
 2             (4)   that accepts legal notices and public notice
 3      postings from any newspaper of general circulation in this
 4      Commonwealth.
 5      "Subscriber."      A person who buys or orders verbally or by
 6   written or online subscription[, or accepts upon delivery from
 7   the United States mails or a carrier, issues or copies of any
 8   publication].
 9      ["Type."      A piece of metal or wood from which either a
10   letter, figure, or other character is impressed with ink upon
11   paper, or an image of such a character.]
12      "Weekly newspaper."      A newspaper issued at least once a week.
13      * * *
14                                   CHAPTER 3
15                   LEGAL NOTICE AND PUBLIC NOTICE ADVERTISING
16   § 303.    Level of advertising rates.
17      (a)    General rule.--All official and legal advertising shall
18   be charged for at an established or declared rate [or price per
19   single column, line of reading matter measured in depth by the
20   point system, or at a rate or price per inch single column].
21   When such official and legal advertising is not classified and
22   is not published according to prescribed or recognized forms,
23   and no rate has been established or declared, such rate for
24   official and legal advertising shall not be in excess of the
25   rates usually charged or received by the publication publishing
26   such official and legal advertising for commercial, general, or
27   other advertising.
28      [(b)    Exception.--Where official and legal advertising is
29   usually and ordinarily published according to recognized or
30   prescribed forms, or particular matters are itemized and

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 1   classified under general headings, subsection (a) shall not
 2   prohibit the fixing of definite prices or sums for publishing
 3   official and legal advertising, regardless of the number of
 4   single column lines or space required for each item, notice, or
 5   advertisement published in any separate matter or proceeding,
 6   and regardless of rates established, fixed, charged or received
 7   for commercial, general or other advertising. The purpose of
 8   this subsection is to enable newspapers to take into
 9   consideration, as elements, when fixing advertising rates or
10   charges, location of the advertisement in the newspaper, the
11   purpose to be served, the character of the advertising, and that
12   a newspaper is entitled to compensation for its readiness at all
13   times to render an advertising service.]
14   § 310.   No unauthorized advertisements to be published.
15      No advertisement shall be published by any court or other
16   government unit, which is not duly authorized by law[, nor in
17   more papers than so authorized].
18      Section 2.    Title 45 is amended by adding a section to read:
19   § 311.   Publication in newspapers of general circulation.
20      (a)   Limitation.--Legal notices and public notices may only
21   be published in newspapers of general circulation.
22      (b)   Website operator duties.--When publishing a legal notice
23   or public notice on a newspaper's website, on the Statewide
24   public notice website or in a digital newspaper or in an online-
25   only newspaper, the operator of the website shall:
26            (1)   ensure access to the website at all times, other
27      than during website maintenance or due to causes beyond the
28      operator's control;
29            (2)   make the full text of the legal notice or public
30      notice available in a searchable format for the period of

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 1    time that the legal notice or public notice is required to be
 2    posted;
 3        (3)   provide access to view legal notices or public
 4    notices on the website and perform searches for legal notices
 5    or public notices on the website, for no fee, provided that
 6    the operator may charge a fee for enhanced search and
 7    customized content delivery features;
 8        (4)   maintain an archive of legal notices or public
 9    notices that are no longer displayed on the website for at
10    least one year from the date of publication; and
11        (5)   charge no additional fee for a publication on the
12    Statewide public notice website and a printed newspaper and
13    free newspaper may not charge an additional fee for
14    publication of printed legal notices or public notices on
15    their websites.
16    Section 3.    This act shall take effect in 60 days.




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