EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0074*
HOUSE BILL 74
L6 5lr0731
(PRE–FILED)
By: Delegate Foley
Requested: September 3, 2024
Introduced and read first time: January 8, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Legal Advertisement or Legal Notice – Publication in Newspaper or Newspaper 2
in General Circulation – Digital Newspapers 3
FOR the purpose of establishing certain requirements for the publication of certain 4
advertisements and notices in counties and municipalities in the State; requiring 5
certain digital publications to maintain a certain archive in a certain manner and 6
employ a certain employee; and generally relating to the publication of legal 7
advertisements and legal notices in counties and municipalities in the State. 8
BY repealing and reenacting, with amendments, 9
Article – General Provisions 10
Section 1–113 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2024 Supplement) 13
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
That the Laws of Maryland read as follows: 15
Article – General Provisions 16
1–113. 17
(a) (1) Unless otherwise provided, in a law, resolution, or court order, 18
judgment, or decree that refers to publishing a legal advertisement or legal notice, words 19
such as “newspaper” or “newspaper in general circulation” mean a publication that: 20
[(1)] (I) has at least four pages; 21
2 HOUSE BILL 74
[(2)] (II) habitually contains news items, reports of current events, 1
editorial comments, advertising matter, and other miscellaneous information that is of 2
public interest and is found generally in an ordinary newspaper; 3
[(3)] (III) has been published and distributed, by sale, from an established 4
place of business at least once a week for 6 months or more before publication of the 5
advertisement or notice; 6
[(4)] (IV) has general circulation throughout the community where the 7
publication is published; and 8
[(5)] (V) qualifies for Periodicals rates for mailing through the United 9
States Postal Service. 10
(2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION A ND FOR 11
PURPOSES OF THE PUBL IC GENERAL LAWS OF T HE STATE, IF A LAW, RESOLUTION, 12
OR COURT ORDER , JUDGMENT, OR DECREE REQUIRES A COUNTY OR MUNICIPAL 13
CORPORATION TO PUBLISH A LEGAL A DVERTISEMENT OR LEGA L NOTICE: 14
(I) ANY REQUIRED ADVERTI SEMENT OR NOTICE SHA LL BE 15
PUBLISHED AND DISTRI BUTED THROUGH PRINT OR DIGITAL FORMAT ; 16
(II) THE TIME PERIOD REQU IRED FOR PUBLICATION STARTS 17
ONCE THE FIRST ADVERTISEM ENT OR NOTICE APPEAR S IN PRINT OR DIGITA L 18
FORMAT; AND 19
(III) IF THERE ARE NO PRINT AND DIGITAL PUBLICATION S THAT 20
MEET ALL OF THE QUAL IFICATIONS UNDER PARAGRAPH (1) OF THIS SUBSECTION , 21
THE ADVERTISEMENT OR NOTICE MAY BE PLACED IN ANY DIGITAL PUBLICATION 22
THAT CAN BE ACCESSED IN THE COUNTY OR MUN ICIPAL CORPORATION A ND THAT 23
REGULARLY CONTAINS L OCAL NEWS AND INFORM ATION FOR THE COUNTY OR 24
MUNICIPAL CORPORATIO N. 25
(3) ANY DIGITAL PUBLICATION THAT PUBLISHES A LEG AL 26
ADVERTISEMENT OR LEG AL NOTICE UNDER PARAGRAPH (2)(III) OF THIS 27
SUBSECTION SHALL : 28
(I) MAINTAIN AN ARCHIVE OF ALL PUBLISHED LEG AL 29
ADVERTISEMENTS AND L EGAL NOTICES THAT SHALL BE AVAILABLE T O THE PUBLIC; 30
AND 31
(II) EMPLOY AT LEAST ONE EMPLOYEE WHOSE D UTIES INCLUDE 32
REPORTING, WRITING, OR EDITING LOCAL NEW S AND INFORMATION . 33
HOUSE BILL 74 3
(b) Subject to subsection [(a)] (A)(1) of this section and for purposes of the public 1
general laws of the State, in Prince George’s County, “newspaper in general circulation” 2
includes a newspaper that: 3
(1) is designated by the County Council as a newspaper of record; or 4
(2) (i) qualifies under subsection [(a)] (A)(1) of this section with respect 5
to Prince George’s County; and 6
(ii) is published by a small business as defined in § 14–201 of the 7
State Finance and Procurement Article. 8
[(c) Subject to subsection (a) of this section and for purposes of the public general 9
laws of the State, in Dorchester County, if a law, resolution, or court order, judgment, or 10
decree requires the county to publish a legal advertisement or legal notice: 11
(1) any required advertisement or notice shall be published and distributed 12
through print and digital format; 13
(2) the time period required for publication starts once the first 14
advertisement or notice appears in print or digital format; and 15
(3) if there is no print and digital publication that meets all of the 16
qualifications under subsection (a) of this section, the advertisement or notice may be 17
placed in any digital publication that can be accessed in Dorchester County and that 18
regularly contains local news and information for Dorchester County.] 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
October 1, 2025. 21