The Pennsylvania Municipal League

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Public Notice Modernization

The League is a strong advocate for a modernized approach to legal advertising. As traditional print newspapers consolidate and publish less frequently, it has become increasingly difficult and costly to local governments to meet the current advertising requirements. 

Municipalities are required to advertise notice of public meetings, proposed ordinances, contracts, requests for proposals and other official business in a newspaper of general circulation. In most instances, there is only one newspaper of general circulation in each municipality, eliminating the ability to seek competitive pricing.

The League supports authorization for municipalities to use optional and cost effective alternatives to traditional newspapers, such as pennysavers, merchandisers and other low-cost local newspapers, or to advertise on a municipal or statewide website.

House Bill 1291 (PN 1466), introduced by Representative Bob Freeman, would amend Title 45 regarding public notices and advertising formats.  Numerous definitions are added or updated to reflect today’s use of digital newspapers.   Notably, the definition of a “newspaper of general circulation” is expanded to include digital newspapers or free newspapers when a printed newspaper is no longer available for placing notices.   

A “statewide public notice website” is also defined and the legislation would require all newspapers of general circulation to post their legal and public notices for free on the statewide website.  The website must be available to the public for free viewing and searching.  

The bill limits publication of legal notices and public notices to newspapers of general circulation.  When publication is on a newspaper’s website, a statewide website, in a digital newspaper or an online-only newspaper, access must be available at all times, except during maintenance or due to a cause beyond the operator’s control.  The full text of the notice must be available in a searchable format.  Access to the notices and basic searches must be free. Notices no longer displayed must be archived for at least a year; and no additional fees may be charged for publication on the statewide site or for a print newspaper to publish notices on its website.  

Senate Bill 194 (PN 933), introduced by Senator Doug Mastriano, would amend Title 45 (Legal Notices) providing local governments with options for advertising public notices. This bill was substantially amended in the Senate Local Government Committee.

This bill would authorize local governments to choose one method from a menu of advertising options, including a newspaper, the county’s website, the municipality’s website, or posting the advertisement at its principal office or building. If the municipality does not have a website, the municipality must place the advertisement on the county website, in a newspaper of general circulation, and at its principal office or building.

Municipalities must retain a physical and electronic copy of each notice for at least three years. The bill would not relieve local governments of the requirement to advertise certain notices in a legal journal. Lastly, the bill adds a new definition for “alternative publication method,” which includes a county or municipal website as well as posting a notice at a designated location.