| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0074* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 74 | |
| 11 | 8 | L6 5lr0731 | |
| 12 | 9 | (PRE–FILED) | |
| 13 | - | By: Delegate Foley | |
| 10 | + | By: Delegate Foley | |
| 14 | 11 | Requested: September 3, 2024 | |
| 15 | 12 | Introduced and read first time: January 8, 2025 | |
| 16 | 13 | Assigned to: Judiciary | |
| 17 | - | Committee Report: Favorable with amendments | |
| 18 | - | House action: Adopted | |
| 19 | - | Read second time: March 3, 2025 | |
| 20 | 14 | ||
| 21 | - | ||
| 15 | + | A BILL ENTITLED | |
| 22 | 16 | ||
| 23 | 17 | AN ACT concerning 1 | |
| 24 | 18 | ||
| 25 | 19 | Legal Advertisement or Legal Notice – Publication in Newspaper or Newspaper 2 | |
| 26 | 20 | in General Circulation – Digital Newspapers 3 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of establishing certain requirements for the publication of certain 4 | |
| 29 | 23 | advertisements and notices in counties and municipalities in the State; requiring 5 | |
| 30 | 24 | certain digital publications to maintain a certain archive in a certain manner and 6 | |
| 31 | 25 | employ a certain employee; and generally relating to the publication of legal 7 | |
| 32 | 26 | advertisements and legal notices in counties and municipalities in the State. 8 | |
| 33 | 27 | ||
| 34 | 28 | BY repealing and reenacting, with amendments, 9 | |
| 35 | 29 | Article – General Provisions 10 | |
| 36 | 30 | Section 1–113 11 | |
| 37 | 31 | Annotated Code of Maryland 12 | |
| 38 | 32 | (2019 Replacement Volume and 2024 Supplement) 13 | |
| 39 | 33 | ||
| 40 | 34 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14 | |
| 41 | 35 | That the Laws of Maryland read as follows: 15 | |
| 42 | 36 | ||
| 43 | 37 | Article – General Provisions 16 | |
| 44 | 38 | ||
| 45 | 39 | 1–113. 17 | |
| 40 | + | ||
| 41 | + | (a) (1) Unless otherwise provided, in a law, resolution, or court order, 18 | |
| 42 | + | judgment, or decree that refers to publishing a legal advertisement or legal notice, words 19 | |
| 43 | + | such as “newspaper” or “newspaper in general circulation” mean a publication that: 20 | |
| 44 | + | ||
| 45 | + | [(1)] (I) has at least four pages; 21 | |
| 46 | 46 | 2 HOUSE BILL 74 | |
| 47 | 47 | ||
| 48 | 48 | ||
| 49 | - | ( | |
| 50 | - | ||
| 51 | - | ||
| 49 | + | [(2)] (II) habitually contains news items, reports of current events, 1 | |
| 50 | + | editorial comments, advertising matter, and other miscellaneous information that is of 2 | |
| 51 | + | public interest and is found generally in an ordinary newspaper; 3 | |
| 52 | 52 | ||
| 53 | - | [(1)] (I) has at least four pages; 4 | |
| 53 | + | [(3)] (III) has been published and distributed, by sale, from an established 4 | |
| 54 | + | place of business at least once a week for 6 months or more before publication of the 5 | |
| 55 | + | advertisement or notice; 6 | |
| 54 | 56 | ||
| 55 | - | [(2)] (II) habitually contains news items, reports of current events, 5 | |
| 56 | - | editorial comments, advertising matter, and other miscellaneous information that is of 6 | |
| 57 | - | public interest and is found generally in an ordinary newspaper; 7 | |
| 57 | + | [(4)] (IV) has general circulation throughout the community where the 7 | |
| 58 | + | publication is published; and 8 | |
| 58 | 59 | ||
| 59 | - | [(3)] (III) has been published and distributed, by sale, from an established 8 | |
| 60 | - | place of business at least once a week for 6 months or more before publication of the 9 | |
| 61 | - | advertisement or notice; 10 | |
| 60 | + | [(5)] (V) qualifies for Periodicals rates for mailing through the United 9 | |
| 61 | + | States Postal Service. 10 | |
| 62 | 62 | ||
| 63 | - | [(4)] (IV) has general circulation throughout the community where the 11 | |
| 64 | - | publication is published; and 12 | |
| 63 | + | (2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION A ND FOR 11 | |
| 64 | + | PURPOSES OF THE PUBL IC GENERAL LAWS OF T HE STATE, IF A LAW, RESOLUTION, 12 | |
| 65 | + | OR COURT ORDER , JUDGMENT, OR DECREE REQUIRES A COUNTY OR MUNICIPAL 13 | |
| 66 | + | CORPORATION TO PUBLISH A LEGAL A DVERTISEMENT OR LEGA L NOTICE: 14 | |
| 65 | 67 | ||
| 66 | - | ||
| 67 | - | ||
| 68 | + | (I) ANY REQUIRED ADVERTI SEMENT OR NOTICE SHA LL BE 15 | |
| 69 | + | PUBLISHED AND DISTRI BUTED THROUGH PRINT OR DIGITAL FORMAT ; 16 | |
| 68 | 70 | ||
| 69 | - | (2) SUBJECT TO PARAGRAPH (1) OF THIS SUBSECTION A ND FOR 15 | |
| 70 | - | PURPOSES OF THE PUBL IC GENERAL LAWS OF T HE STATE, IF A LAW, RESOLUTION, 16 | |
| 71 | - | OR COURT ORDER , JUDGMENT, OR DECREE REQUIRES A COUNTY OR MUNICIPAL 17 | |
| 72 | - | CORPORATION TO PUBLI SH A LEGAL ADVERTISE MENT OR LEGAL NOTICE : 18 | |
| 71 | + | (II) THE TIME PERIOD REQU IRED FOR PUBLICATION STARTS 17 | |
| 72 | + | ONCE THE FIRST ADVERTISEM ENT OR NOTICE APPEAR S IN PRINT OR DIGITA L 18 | |
| 73 | + | FORMAT; AND 19 | |
| 73 | 74 | ||
| 74 | - | (I) ANY REQUIRED ADVERTI SEMENT OR NOTICE SHA LL BE 19 | |
| 75 | - | PUBLISHED AND DISTRI BUTED THROUGH PRINT OR AND DIGITAL FORMAT ; 20 | |
| 75 | + | (III) IF THERE ARE NO PRINT AND DIGITAL PUBLICATION S THAT 20 | |
| 76 | + | MEET ALL OF THE QUAL IFICATIONS UNDER PARAGRAPH (1) OF THIS SUBSECTION , 21 | |
| 77 | + | THE ADVERTISEMENT OR NOTICE MAY BE PLACED IN ANY DIGITAL PUBLICATION 22 | |
| 78 | + | THAT CAN BE ACCESSED IN THE COUNTY OR MUN ICIPAL CORPORATION A ND THAT 23 | |
| 79 | + | REGULARLY CONTAINS L OCAL NEWS AND INFORM ATION FOR THE COUNTY OR 24 | |
| 80 | + | MUNICIPAL CORPORATIO N. 25 | |
| 76 | 81 | ||
| 77 | - | ( | |
| 78 | - | ||
| 79 | - | ||
| 82 | + | (3) ANY DIGITAL PUBLICATION THAT PUBLISHES A LEG AL 26 | |
| 83 | + | ADVERTISEMENT OR LEG AL NOTICE UNDER PARAGRAPH (2)(III) OF THIS 27 | |
| 84 | + | SUBSECTION SHALL : 28 | |
| 80 | 85 | ||
| 81 | - | (III) IF THERE ARE NO PRIN T AND DIGITAL PUBLIC ATIONS THAT 24 | |
| 82 | - | MEET ALL OF THE QUAL IFICATIONS UNDER P ARAGRAPH (1) OF THIS SUBSECTION , 25 | |
| 83 | - | THE ADVERTISEMENT OR NOTICE MAY BE PLACED IN ANY DIGITAL PUBLI CATION 26 | |
| 84 | - | THAT CAN BE ACCESSED IN THE COUNTY OR MUN ICIPAL CORPORATION A ND THAT 27 | |
| 85 | - | REGULARLY CONTAINS L OCAL NEWS AND INFORM ATION FOR THE COUNTY OR 28 | |
| 86 | - | MUNICIPAL CORPORATIO N. 29 | |
| 86 | + | (I) MAINTAIN AN ARCHIVE OF ALL PUBLISHED LEG AL 29 | |
| 87 | + | ADVERTISEMENTS AND L EGAL NOTICES THAT SHALL BE AVAILABLE T O THE PUBLIC; 30 | |
| 88 | + | AND 31 | |
| 87 | 89 | ||
| 88 | - | (3) ANY DIGITAL PUBLICATI ON THAT PUBLISHES A LEGAL 30 | |
| 89 | - | ADVERTISEMENT OR LEG AL NOTICE UNDER PARA GRAPH (2)(III) OF THIS 31 | |
| 90 | - | SUBSECTION SHALL : 32 | |
| 90 | + | (II) EMPLOY AT LEAST ONE EMPLOYEE WHOSE D UTIES INCLUDE 32 | |
| 91 | + | REPORTING, WRITING, OR EDITING LOCAL NEW S AND INFORMATION . 33 | |
| 91 | 92 | HOUSE BILL 74 3 | |
| 92 | 93 | ||
| 93 | 94 | ||
| 94 | - | ( | |
| 95 | - | ||
| 96 | - | ||
| 95 | + | (b) Subject to subsection [(a)] (A)(1) of this section and for purposes of the public 1 | |
| 96 | + | general laws of the State, in Prince George’s County, “newspaper in general circulation” 2 | |
| 97 | + | includes a newspaper that: 3 | |
| 97 | 98 | ||
| 98 | - | (II) EMPLOY AT LEAST ONE EMPLOYEE WHOSE DUTIE S INCLUDE 4 | |
| 99 | - | REPORTING, WRITING, OR EDITING LOCAL NEW S AND INFORMATION . 5 | |
| 99 | + | (1) is designated by the County Council as a newspaper of record; or 4 | |
| 100 | 100 | ||
| 101 | - | (b) Subject to subsection [(a)] (A)(1) of this section and for purposes of the public 6 | |
| 102 | - | general laws of the State, in Prince George’s County, “newspaper in general circulation” 7 | |
| 103 | - | includes a newspaper that: 8 | |
| 101 | + | (2) (i) qualifies under subsection [(a)] (A)(1) of this section with respect 5 | |
| 102 | + | to Prince George’s County; and 6 | |
| 104 | 103 | ||
| 105 | - | (1) is designated by the County Council as a newspaper of record; or 9 | |
| 104 | + | (ii) is published by a small business as defined in § 14–201 of the 7 | |
| 105 | + | State Finance and Procurement Article. 8 | |
| 106 | 106 | ||
| 107 | - | (2) (i) qualifies under subsection [(a)] (A)(1) of this section with respect 10 | |
| 108 | - | to Prince George’s County; and 11 | |
| 107 | + | [(c) Subject to subsection (a) of this section and for purposes of the public general 9 | |
| 108 | + | laws of the State, in Dorchester County, if a law, resolution, or court order, judgment, or 10 | |
| 109 | + | decree requires the county to publish a legal advertisement or legal notice: 11 | |
| 109 | 110 | ||
| 110 | - | ( | |
| 111 | - | ||
| 111 | + | (1) any required advertisement or notice shall be published and distributed 12 | |
| 112 | + | through print and digital format; 13 | |
| 112 | 113 | ||
| 113 | - | [(c) Subject to subsection (a) of this section and for purposes of the public general 14 | |
| 114 | - | laws of the State, in Dorchester County, if a law, resolution, or court order, judgment, or 15 | |
| 115 | - | decree requires the county to publish a legal advertisement or legal notice: 16 | |
| 114 | + | (2) the time period required for publication starts once the first 14 | |
| 115 | + | advertisement or notice appears in print or digital format; and 15 | |
| 116 | 116 | ||
| 117 | - | (1) any required advertisement or notice shall be published and distributed 17 | |
| 118 | - | through print and digital format; 18 | |
| 117 | + | (3) if there is no print and digital publication that meets all of the 16 | |
| 118 | + | qualifications under subsection (a) of this section, the advertisement or notice may be 17 | |
| 119 | + | placed in any digital publication that can be accessed in Dorchester County and that 18 | |
| 120 | + | regularly contains local news and information for Dorchester County.] 19 | |
| 119 | 121 | ||
| 120 | - | (2) the time period required for publication starts once the first 19 | |
| 121 | - | advertisement or notice appears in print or digital format; and 20 | |
| 122 | - | ||
| 123 | - | (3) if there is no print and digital publication that meets all of the 21 | |
| 124 | - | qualifications under subsection (a) of this section, the advertisement or notice may be 22 | |
| 125 | - | placed in any digital publication that can be accessed in Dorchester County and that 23 | |
| 126 | - | regularly contains local news and information for Dorchester County.] 24 | |
| 127 | - | ||
| 128 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25 | |
| 129 | - | October 1, 2025. 26 | |
| 130 | - | ||
| 122 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20 | |
| 123 | + | October 1, 2025. 21 |