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title-45•Title 45 — Legal Notices
45 Pa.C.S. — Pennsylvania General Assembly — Legislative Data Processing Center.
Enactment. Unless otherwise noted, the provisions of Title 45 were added July 9, 1976, P.L.877, No.160, effective in 60 days.
Pennsylvania Consolidated Statutes only. Pennsylvania statutory law is published in two parts: the consolidated titles collected here (cited e.g. 18 Pa.C.S. § 2502), and the unconsolidated session laws that have never been consolidated (cited e.g. 35 P.S. § 780-113), which are published separately at https://www.palegis.us/statutes/unconsolidated and are only partially online. This corpus is therefore not the whole of Pennsylvania statutory law.
(a) Definitions applicable to printing or newspaper advertising laws.-- Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in:
(1) this title; or
(2) any other law relating to printing or newspaper advertising;
shall have, unless the context clearly indicates otherwise, the meanings given to them in this subsection:
"Advertisement." A printed public notice, relating to any matter, authorized by any person, which is published for a valuable consideration in a publication, and which may be required by law, rule, order, or decree of court, or resolution of any corporation, or unincorporated association, or by action of any government unit.
"Advertiser." Any person who orders and directs a notice or advertisement to be printed or published in a publication.
"Advertising rule." The line between, or which separates, any two advertisements or notices.
"Agate." A type 5 1/2 type points in depth or height.
"Bourgeois." A type 9 type points in depth or height.
"Brevier." A type 8 type points in depth or height.
"Carrier." A person engaged for hire in the delivery of publications.
"Circulation." The number of copies printed, issued, sold, or subscribed for, by the day, week, month, or year, at a particular price for each copy, or for a series of issues over a definite period by any publication, but the term does not include copies exchanged for other publications or copies or issues circulated gratuitously.
"Classified advertising." Intelligence or notices, published and printed in small or inconspicuous type, as advertising, classed with similar notices of advertising, and for which compensation is intended to be charged.
"Class magazine" or "class newspaper." A printed paper or publication containing class, professional, trade, commercial, technical, scientific, educational, religious, financial, legal or other matter and intelligence, intended to be disseminated exclusively among subscribers or readers concerned or interested in the subject matters published.
"Column." A single unit or upright section, of the total height of the type printed page, as separated from the remainder of the page by a line, rule, or space, and not less than ten ems pica in width.
"Column rule." The printed line between, or which separates, the printed columns of any type page.
"Court." A court or tribunal of record, established for the public administration of justice under the provisions of the Constitution of Pennsylvania or any statute.
"Daily newspaper." A newspaper regularly published at least five days in the week, either including or excluding Sundays and legal holidays.
"Decree." A decision, judgment, order or sentence of any court.
"Display advertising." Intelligence made conspicuous, and designated by either reading matter, printed from various sizes, kinds and styles of types or illustrations, and printed or published for a compensation, demanded or intended to be received from those interested in, affected or served by, the subject matter published.
"Em." A square of a type, or a space equal to the square of the depth or height of a particular type, as measured by the number of points in height of the type.
"Journal." A newspaper, class newspaper, periodical, or magazine.
"Law." A statute, a home rule charter, or an enactment entitled an ordinance, resolution, rule or regulation of any government unit.
"Legal advertisement." A notice, advertisement, publication, statement, or abstract of a notice, advertisement, publication, or statement, required by resolution of a corporation, unincorporated association, or government unit, or ordinance of a political subdivision, or by law, or by rule, order, or decree of court, to be published, for a valuable consideration, in either a newspaper of general circulation, a legal newspaper or an official newspaper.
"Legal newspaper." A newspaper which is a "legal periodical," "official legal newspaper," or "official legal periodical," publishing legal intelligence, as designated by general rule or rule of court for the publication of legal advertisements and notices required by law, rule, order, or decree of court, to be published in a legal newspaper, legal periodical, official legal newspaper, or official legal periodical, so designated by general rule or rule of court.
"Legal notice." When required to be printed or published, either a legal advertisement, a legal notice, an official advertisement, or an official legal notice.
"Liners." Advertisements, published as reading notices, intelligence, or announcements for which compensation is intended to be charged to those interested in the publication thereof.
"Long primer." A type 10 type points in depth or height.
"Magazine." Partakes of the nature of a periodical.
"Minion." A type 7 type points in depth or height.
"News." Narrative, or recent intelligence, disseminating current information as to local, general, or world-wide happenings, concerning any person or persons, matters of private or public interest, or concerning any matters affecting the public welfare.
"Newspaper."
(1) A printed paper or publication, bearing a title or name, and conveying reading or pictorial intelligence of passing events, local or general happenings, printing regularly or irregularly editorial comment, announcements, miscellaneous reading matter, commercial advertising, classified advertising, legal advertising, and other notices, and which has been issued in numbers of four or more pages at short intervals, either daily, twice or oftener each week, or weekly, continuously during a period of at least six months, or as the successor of such a printed paper or publication issued during an immediate prior period of at least six months, and which has been circulated and distributed from an established place of business to subscribers or readers without regard to number, for a definite price or consideration, either entered or entitled to be entered under the Postal Rules and Regulations as second class matter in the United States mails, and subscribed for by readers at a fixed price for each copy, or at a price fixed per annum. A newspaper may be either a daily newspaper, weekly newspaper, newspaper of general circulation, official newspaper, or a legal newspaper, as defined in this section. Continuous publication within the meaning of this section shall not be deemed interrupted by any involuntary suspension of publication resulting from loss, destruction, failure or unavailability of operating facilities, equipment or personnel from whatever cause, and any newspaper so affected shall not be disqualified to publish official and legal advertising in the event that publication is resumed within one week after it again becomes possible.
(2) A printed paper or publication, regardless of size, contents, or time of issue, or number of copies issued, distributed and circulated gratuitously, is not a newspaper.
(3) A printed paper or publication, not entitled to be entered, or which has been denied entry, as second class matter in the United States mails under the Postal Rules and Regulations of the United States is not a newspaper.
"Newspaper of general circulation." A newspaper issued daily, or not less than once a week, intended for general distribution and circulation, and sold at fixed prices per copy per week, per month, or per annum, to subscribers and readers without regard to business, trade, profession or class.
"Nonpareil." A type 6 type points in depth or height.
"Notice." A formal printed announcement, transmitting intelligence, information, or warning, to a particular person, or generally to all persons who may read such notice.
"Official advertisement." A notice, advertisement, publication, or statement, or an abstract of a notice, advertisement, publication, or statement, required to be made by law, rule, order, or decree of court, by any person, or in the conduct of the business of a private or public corporation, or on the order of any government unit, or in the performance of any official duty imposed by law, rule, order, or decree of court, resolution or ordinance.
"Official advertising and legal advertising." Any advertisement, notice, statement, report, resolution, ordinance, or abstract of the same, required by law, rule, order or decree of court, by resolution of any board of directors, shareholders or officers of any corporation or unincorporated association, or any government unit to be printed and published for a valuable consideration in a newspaper.
"Official newspaper." A newspaper designated by a government unit for the publication of notices and statements required by rule, order, resolution, or ordinance of such unit.
"Ordinance." A municipal rule or regulation, adopted in the manner required by statute or home rule charter, by the lawfully constituted officers of any political subdivision or municipal or other local authority.
"Periodical." A printed paper or publication, issued in pamphlet or book form, regardless of page size or number of pages, at stated or regular intervals of more than one day between each issue, containing either general, class, trade, technical, scientific, serial articles, or other reading matter, advertising, et cetera, and entitled to be entered as second class matter in the United States mails under the Postal Rules and Regulations of the United States.
"Pica." A type 12 type points in depth or height.
"Point." A unit of measurement for determining the height of a type, letter, figure, or other character, or the width of a rule, as heretofore generally known and fixed by general agreement of certain type founders and manufacturers, at 0.0138 inch in length.
"Proof of publication." A printed or written statement, declaring the name of a newspaper of general circulation, a legal newspaper or an official newspaper, as defined in this section, its place of business, when the same was established, the date or dates, and issue or issues, in which a printed notice or publication appeared, and to which is securely attached, exactly as printed or published, a copy of the official advertisement, official notice, legal notice, or legal advertisement, verified with a statement of the owner, publisher, or the designated agent of the owner or publisher, of such publication in which the official or legal advertisement or notice was published, duly sworn to before a person authorized to administer oaths, and also declaring that the affiant is not interested in the subject matter of the notice or advertising, and that all of the allegations of the statement as to the time, place, and character of publication are true.
"Publication."
(1) The act of printing a notice, advertisement, or proclamation, for the purpose of disseminating information to the people at large.
(2) A journal, magazine, newspaper, class newspaper or periodical.
"Rate." The price or sum fixed for printing and publishing either official, legal, or commercial advertising, and may be either a price or sum fixed for a single reading line in a single column, or for a space of the depth of one inch in a single column, or it may mean the particular stated sums or prices fixed for printing and publishing official or legal advertising, where the style and form does not vary except for the names and addresses of the interested parties, such as notices of applications for charters of incorporation, shareholders' meetings, executors', administrators' or auditors' notices, register of wills' audit notices, obituary or death notices, et cetera.
"Reading matter." News or other printed matter, intended to be read, as distinguished from intelligence notices, announcements, display advertising, or advertising published for a compensation.
"Resolution." A formal agreement or consent to do or not to do a certain thing, which has been recorded upon the minutes or records of a government unit, or by either the shareholders, board of directors or other body of a corporation, or by the members, directors, managers, or trustees of an unincorporated association or society of individuals.
"Rule." Any formal order or direction made by a tribunal or other government unit.
"Sample copy." A copy of a publication distributed without charge or expense to prospective subscribers or advertisers, in numbers limited by the United States Postal Rules and Regulations governing second class mail matter.
"Small pica." A type 11 type points in depth or height.
"Space." The length and breadth of a printed type page, or any subdivision thereof, intended to be used for either news or advertising matter of any kind.
"Subscriber." A person who buys or orders verbally or by written subscription, or accepts upon delivery from the United States mails or a carrier, issues or copies of any publication.
"Type." A piece of metal or wood from which either a letter, figure, or other character is impressed with ink upon paper, or an image of such a character.
"Weekly newspaper." A newspaper issued at least once a week.
(b) Other definitions.-- Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have, unless the context clearly indicates otherwise, the meanings given to them in this subsection:
"Commonwealth agency." The Governor and the departments, boards, commissions, authorities and other officers and agencies of the Commonwealth government, but the term does not include any court or other officer or agency of the unified judicial system, or the General Assembly and its officers and agencies.
"Commonwealth government." The government of the Commonwealth, including the courts and other officers or agencies of the unified judicial system, the General Assembly and its officers and agencies, the Governor, and the departments, boards, commissions, authorities and officers and agencies of the Commonwealth, but the term does not include any political subdivision, municipal or other local authority, or any officer or agency of any such political subdivision or local authority.
"General rule." A rule or order promulgated by or pursuant to the authority of the Supreme Court.
"Government unit." The Commonwealth government, and any political subdivision or municipal or other local authority, or any officer or agency of any such political subdivision or local authority.
"Rule of court." A rule promulgated by a court regulating the practice or procedure before the promulgating court.
This chapter shall be known and may be cited as the "Newspaper Advertising Act."
The provisions of this chapter are intended to be a comprehensive statute:
(1) Creating uniformity in the publication of legal notices, official advertisements, and advertisements, or abstracts of any notice, statement, or advertisement required by law, rule, order or decree of court to be published in a newspaper.
(2) Defining the publications in which official and legal advertising shall be published.
(3) Prescribing methods for computing the charges therefor.
(4) Providing that the expenses for publishing legal advertising or notices shall be taxable and collectible as costs in all matters except as otherwise provided by general rules.
(5) Establishing a uniform method for determining the cost of legal advertising and legal notices, where rates, circulation of the particular publication, size of columns or pages, and kind or size of type used vary, in newspapers of different localities in this Commonwealth.
(a) General rule.-- All official and legal advertising shall be charged for at an established or declared rate or price per single column, line of reading matter measured in depth by the point system, or at a rate or price per inch single column. When such official and legal advertising is not classified and is not published according to prescribed or recognized forms, and no rate has been established or declared, such rate for official and legal advertising shall not be in excess of the rates usually charged or received by the publication publishing such official and legal advertising for commercial, general, or other advertising.
(b) Exception.-- Where official and legal advertising is usually and ordinarily published according to recognized or prescribed forms, or particular matters are itemized and classified under general headings, subsection (a) shall not prohibit the fixing of definite prices or sums for publishing official and legal advertising, regardless of the number of single column lines or space required for each item, notice, or advertisement published in any separate matter or proceeding, and regardless of rates established, fixed, charged or received for commercial, general or other advertising. The purpose of this subsection is to enable newspapers to take into consideration, as elements, when fixing advertising rates or charges, location of the advertisement in the newspaper, the purpose to be served, the character of the advertising, and that a newspaper is entitled to compensation for its readiness at all times to render an advertising service.
All newspapers of general circulation, official newspapers and legal newspapers accepting and publishing official and legal advertising, are hereby required to fix and establish rates and charges for official, legal and all other kinds of advertising, offered or accepted for publication, and such publications shall furnish, on demand, to any person having use for the same, detailed schedules, stating the rates and charges which shall be deemed to be in force and effect until changed or altered, and, when changed or altered, such publication shall give the person authorized or required to publish advertising, before demanding or receiving compensation at any increased rate, notice that the rates and charges of such publication for advertising have been changed or abrogated, and that increased advertising rates and charges have been established or fixed.
Except as otherwise provided by general rule, all charges, costs, and expenses incurred, including the fees for affidavits to proofs of publication, for official and legal advertising in any matter by any person shall be taxable, collectible and payable as other court costs and expenses of administration are required by law to be taxed, collected, and paid, upon all decrees of court.
(a) General rule.-- Any government unit which is required by law to advertise for bids for public works, contracts, supplies or equipment, may, in its discretion, authorize the publication of such advertising, in addition to the newspapers authorized by the other provisions of this chapter, also in any publication or journal devoted to the dissemination of information about construction work published in this Commonwealth at least once a week and circulating among contractors, manufacturers and dealers doing business in the community in which such public works are to be constructed or supplies or equipment purchased.
(b) Exception.-- Except with respect to publication by any city of third class or borough, no advertisement for bids for public works, contracts, supplies or equipment shall be inserted in any publication or journal devoted to the dissemination of information about construction work, unless such publication meets the following requirements:
(1) It has been established and regularly issued from a printing office and publication house in this Commonwealth for a period of at least 18 months.
(2) It has been entered, or entitled to be entered, for admission to the United States mails as second class matter.
(3) It has had a bona fide income from subscribers within this Commonwealth of not less than $15,000 per annum, duly certified by a public accountant.
(4) The rates and charges for such advertising shall not be in excess of those of newspapers of general circulation of a like circulation published in the community in which the public works are to be constructed or the supplies or equipment purchased.
No legal proceeding, matter, or case in which notice is required to be given by official or legal advertising, shall be binding and effective upon any interested person unless such official and legal advertising is printed and published in the newspapers of general circulation, official newspapers, and legal newspapers defined by this title, in the manner and as required by statute, and by any rule, order, or decree of court, resolution of a corporation, or unincorporated association, or ordinance, rule, or regulation of any government unit, in the proper newspapers of general circulation, official newspapers, and legal newspapers, defined by this title, and a proof of publication is filed of record in such matter or proceeding.
(a) General rule.-- Except as otherwise provided by statute, every notice or advertisement required by law or rule of court to be published in one or more newspapers of general circulation, unless dispensed with by special order of court, shall also be published in the legal newspaper, issued at least weekly, in the county, designated by rules of court for the publication of court or other legal notices, if such newspaper exists. Publication in such legal newspaper shall be made as often as required to be made in such newspapers in general circulation, and shall be subject to the same stipulations and regulations as those imposed for the like services upon all newspapers.
(b) Exceptions.--
(1) Subsection (a) shall not require the publication in such legal newspapers of municipal ordinances, municipal or county auditors' or controllers' reports, school district auditors' or controllers' reports, or summaries or statements thereof, mercantile appraisers' notice, advertising for bids for contracts for public work, materials or supplies, or lists of delinquent taxpayers.
(2) Publication of election notices in legal newspapers shall be governed by the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code."
(a) General rule.-- Whenever official advertising or legal advertising involves a road, street, highway, bridge, municipality, village or boundary, the advertisement shall, in order that it may readily be understood by inhabitants of the area involved, include the common, local or general usage designation of every such road, street, highway, bridge, municipality, village or boundary.
(b) Mistake.-- The inclusion of a common local or general language designation for the purpose of complying with subsection (a), if mistaken or erroneous, shall not invalidate any matter or proceeding which in all other respects is properly and lawfully executed.
No advertisement shall be published by any court or other government unit, which is not duly authorized by law, nor in more papers than so authorized.
Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Adjudication." Any order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties to the proceeding in which the adjudication is made.
"Administrative regulation." Any regulation except a proclamation, executive order, executive directive or other similar document promulgated by the Governor, and the term includes a regulation which may be promulgated by an agency only with the approval of the Governor.
"Agency." A Commonwealth agency.
"Agency text." The text of a document as issued, prescribed or promulgated by the issuing, prescribing or promulgating agency.
"Authenticate." To attest to the genuine nature. The term includes providing a method for a user to determine that an electronic record is unaltered.
"Bulletin." The Pennsylvania Bulletin published under this part.
"Bureau." The Legislative Reference Bureau. The powers conferred by this part upon the bureau shall be exercised by the Director of the Legislative Reference Bureau, or, in his absence, by the Assistant Director thereof.
"Code." The Pennsylvania Code published under this part.
"Department." The Department of General Services.
"Document." Any proclamation, executive order, executive directive or similar instrument promulgated by the Governor, and any other order, regulation, rule, statement of policy, adjudication, certificate, license, permit, notice or similar instrument issued, prescribed or promulgated by or under the authority of this Commonwealth. The term shall also include any home rule charter heretofore or hereafter adopted by the electors of any part of this Commonwealth or any optional plan of government.
"Electronic." Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
"Joint committee." The Joint Committee on Documents existing under this part.
"Official text." The text of a document issued, prescribed or promulgated by an agency as published by authority of this part which has become in the manner provided by this part the only valid and enforceable text of such document.
"Publish." To present to the public in any medium.
"Record." Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
"Regulation." Any rule or regulation, or order in the nature of a rule or regulation, promulgated by an agency under statutory authority in the administration of any statute administered by or relating to the agency, or prescribing the practice or procedure before such agency. The term includes a proclamation, executive order, executive directive or other similar document promulgated by the Governor.
"Statement of policy." Any document, except an adjudication or a regulation, promulgated by an agency which sets forth substantive or procedural personal or property rights, privileges, immunities, duties, liabilities or obligations of the public or any part thereof, and includes, without limiting the generality of the foregoing, any document interpreting or implementing any statute enforced or administered by such agency.
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
(a) Establishment.-- The Joint Committee on Documents shall consist of nine governmental members and two public members. The governmental members shall be the General Counsel, the Attorney General, the Director of the Legislative Reference Bureau, the Director of the Pennsylvania Code, the President pro tempore of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives and the Secretary of General Services, or persons severally designated in writing by them. The public members shall be appointed by the Governor from among attorneys at law or other members of the public who represent the class who may be expected to refer to the documents published pursuant to this part. For the purposes of the act of April 9, 1929 (P.L.177, No.175), known as "The Administrative Code of 1929" and its supplements the joint committee shall be a departmental administrative board in the Department of General Services.
(b) Compensation.-- The members of the joint committee shall serve without compensation other than reimbursement for travel and other actual expenses incurred in the performance of their duties. Reimbursement of expenses for a governmental member shall be paid by the governmental member's agency. Reimbursement of expenses for a public member shall be paid by the bureau.
(c) Quorum and organization.-- Four members of the joint committee shall constitute a quorum, and the committee shall select from among its members a chairman and a vice-chairman, and shall elect a secretary who need not be a member of the committee.
(d) Powers and duties.-- The joint committee shall exercise the powers and perform the duties vested in and imposed upon it by this part and any other powers and duties vested in and imposed upon the committee by law.
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
Subject to the provisions of section 732 (relating to required contractual arrangements), the manner in which the code, the permanent supplements thereto, and the bulletin, shall be published, and all other matters with respect thereto not otherwise provided for in this part shall be prescribed by regulations promulgated or orders adopted by the joint committee. The joint committee shall administer this part and Subchapter A of Chapter 3 of Title 2 (relating to regulations of Commonwealth agencies) with a view toward encouraging the widest possible dissemination of documents among the persons affected thereby which is consistent with the due administration of public affairs.
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
[Deleted by amendment]
(a) General rule.-- In order to reimburse the Legislative Reference Bureau for the cost of administering this part and in order to reimburse the Department of General Services for the expenses of the joint committee and for the costs incurred in publication under Subchapter B of Chapter 7 (relating to publication of documents) which are neither recovered by the sale of such publications to an agency under section 729 (relating to publication of individual documents) nor paid by appropriations made directly to the bureau or the department for the costs and expenses of such publication, every government unit issuing, prescribing or promulgating documents published by authority of this part shall be billed at least quarterly by the bureau and the Department of General Services, upon a cost basis, at such amounts as the joint committee with the approval of the Executive Board shall determine, for such costs and expenses. Amounts payable under this section for reimbursing the bureau and the department for the costs shall be credited to the appropriations of the bureau and the department respectively, and shall be paid out of the moneys in the General Fund, special operating funds, or other funds of the State Treasury currently appropriated to each such issuing, prescribing or promulgating government unit.
(b) Direct appropriation.-- Nothing in subsection (a) shall limit the right of the General Assembly to make annual appropriations to the bureau or the department, or both, for their total anticipated costs and expenses under this part.
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
The contents of the code, of the permanent supplements thereto, and of the bulletin, shall be judicially noticed.
Without prejudice to any other mode of citation the code and permanent supplements thereto may be cited by title and section number, and the bulletin may be cited by volume and page number.
No subsequent statute shall be held to supersede or modify the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law, or this part except to the extent that such statute shall do so expressly.
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
The agency text of all documents required to be deposited with the Legislative Reference Bureau by this part shall be in such form and format as may be prescribed by regulations promulgated by the joint committee.
It shall be the duty of the Legislative Reference Bureau, subject to the policy supervision and direction of the joint committee, to compile, edit and supplement or to contract through the department for the compilation, editing and supplementation of an official legal codification, to be divided into titles of convenient size and scope, and to be known as the "Pennsylvania Code."
Except as otherwise provided by regulations promulgated by the joint committee, the following documents shall be codified in the code:
(1) All proclamations and executive orders of the Governor which are general and permanent in nature.
(2) All administrative and other regulations.
(3) All statements of policy which are general and permanent in nature.
(4) All documents or classes of documents required to be codified in the code by statute.
(5) All general rules and rules of court.
(6) Any other judicial document or class of documents which the governing authority of the unified judicial system finds to be general and permanent in nature.
(7) Any other document or class of documents which the Governor, the joint committee or the Director of the Legislative Reference Bureau finds to be general and permanent in nature.
It shall be the duty of the Legislative Reference Bureau, subject to the policy supervision and direction of the joint committee, to arrange through the Department of General Services for the prompt publication of the code, the permanent supplements thereto and the bulletin, in the manner and at the times required in accordance with this subchapter and regulations promulgated hereunder.
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
(a) General rule.-- Two duplicate original copies, certified by the executive officer, chairman or secretary of the agency, or by the Administrative Office of Pennsylvania Courts or the clerk or prothonotary of the Supreme Court, in the case of a judicial document, of any document required or authorized to be published under this subchapter, shall be deposited with the Legislative Reference Bureau. If the bureau finds that such document has been approved as to legality, if such approval is required by 2 Pa.C.S. § 305 (relating to approval as to legality), and is in the form and format required by any applicable regulations promulgated under 2 Pa.C.S. § 306 (relating to format of regulations) or section 509 of this title (relating to format of documents), it shall file such document, assign thereto and indicate thereon a distinctive serial number, and indicate thereon the date and time of filing.
(b) Disposition of copies.-- Upon such filing one copy shall be immediately available for public inspection and copying under regulations promulgated by the joint committee, which copy shall be retained by the bureau for one year after the publication thereof, whereupon it shall be forwarded to the Pennsylvania Historical and Museum Commission for preservation in the Commonwealth archives. The other copy shall be processed for publication as provided in this subchapter.
(c) Effect of failure to file.-- Every agency, the Administrative Office of Pennsylvania Courts and the clerk or prothonotary of the Supreme Court shall cause to be transmitted to the bureau for deposit as herein provided two certified duplicate original copies of all documents issued, prescribed or promulgated by the agency or the unified judicial system which are required by or pursuant to this subchapter or any other provision of law to be deposited or published, or both, under this part; in default of which any such document shall be effective only to the extent provided in section 903 (relating to effective date of documents). If an agency and the bureau disagree concerning the form or format of a document required or authorized to be deposited with the bureau, the agency may refer the matter to the joint committee, which shall resolve the conflict pursuant to the standards and procedures provided by section 723(a) (relating to processing of deposited documents).
(d) Home rule charter documents and optional plans of government.-- (Deleted by amendment).
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
(a) Review of deposited text.-- The bureau, or a qualified contractor selected by the bureau with the approval of the joint committee, may review any or all documents deposited with the bureau before they are released for publication, and may prepare in active cooperation with an agency a revised text of any document relating to the administrative regulations of the agency which conforms fully to the format established for the code, which eliminates all obsolete, unnecessary or unauthorized material, which has been prepared in such a manner as to lend to the published code as a whole uniformity of style and clarity of expression, and which does not effect any change in the substance of the deposited text of such regulations.
(b) Status of revised text.-- (Deleted by amendment).
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
(a) General rule.-- Except as provided in subsection (c), all documents required or authorized by section 702 (relating to contents of Pennsylvania Code) to be codified in the code, and all other documents required or authorized by section 725 (relating to additional contents of Pennsylvania Bulletin) to be published, shall be published in the first available issue of an official gazette, known as the "Pennsylvania Bulletin," published after the filing of such documents by the Legislative Reference Bureau.
(b) Frequency and format of bulletin.-- The following shall apply:
(1) The bulletin shall be published at least once each week and shall contain all previously unpublished documents duly filed prior to the closing date and hour of the issue, which date and hour shall appear upon the first page of such issue. All issues of the bulletin shall contain a table of contents. A cumulative index shall be published at least once each three months.
(2) Notwithstanding paragraph (1), the joint committee may provide for different publication of the bulletin and indices as circumstances may require.
(3) There shall be published with each document under this section a notation of the date of filing thereof.
(c) Official synopsis.-- The joint committee may provide for the publication of an official synopsis of a document in the bulletin in lieu of the full text thereof in any case where the full text of such document will be published pursuant to section 726 (relating to permanent supplements to Pennsylvania Code) within 120 days of the publication of such official synopsis.
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days; Nov. 5, 2021, P.L.427, No.82, eff. imd.)
(a) General rule.-- Except as otherwise provided by regulations promulgated by the joint committee the following documents, if not otherwise required to be published by this part, shall be published in the bulletin:
(1) All proclamations and executive orders of the Governor, except such as have no general applicability and legal effect or are effective only against Commonwealth agencies or persons in their capacity as officers, agents or employees thereof.
(2) All agency notices directed to the public with respect to proceedings conducted under any statute the expense of the administration of which is by law assessed directly against the class of persons regulated or supervised thereunder.
(3) All agency documents which are required by law to be published, or the expense of publication of which is specially assumed by the agency filing such document.
(4) Any legislative document filed with the Legislative Reference Bureau pursuant to a resolution adopted by either House of the General Assembly.
(5) Any judicial document filed with the Legislative Reference Bureau by the Administrative Office of Pennsylvania Courts.
(6) Any other document or class of documents which the Governor, the joint committee or the Director of the Legislative Reference Bureau may require or authorize to be published in the bulletin.
(b) Power to require publication of certain documents in the bulletin.-- Whenever the joint committee finds, after notice to the agency affected and opportunity for hearing, that public notice of any agency action or proceeding or class of actions or proceedings is required by due process of law, or in the discretion of the joint committee should otherwise be given for the information of the public, the joint committee may by regulation require the agency to prepare and deposit under this part notice of each such action or proceeding at such time and containing in each case such information as the regulations of the joint committee may require. If an agency fails to deposit a notice required pursuant to this subsection the action of the agency or the results of the proceeding shall not be valid for any purpose.
(a) General rule.-- At least once each year all documents required or authorized pursuant to section 702 (relating to contents of Pennsylvania Code) to be codified in the code which have been filed with the bureau pursuant to this part shall be permanently integrated into the code by publication pursuant to section 721 (relating to publication of official codification). The index to the code shall be similarly supplemented.
(b) Annotations.-- The Legislative Reference Bureau may prepare, or may secure by contract, and incorporate into the permanent supplements to the code annotations of judicial decisions relating to any class of documents published in the code.
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
Except as otherwise provided by regulations promulgated by the joint committee, whenever a document incorporates by reference any portion of the text of any of the following publications the Legislative Reference Bureau, unless the agency specifies otherwise in its order adopting the document, shall omit the text of such incorporated material from the text of the document as published in the code, the permanent supplements thereto, and the bulletin:
(1) Statutes at Large.
(2) United States Code.
(3) Laws of Pennsylvania.
(4) Pennsylvania Consolidated Statutes.
(5) Code of Federal Regulations.
(6) Federal Register.
(7) Any uniform system of accounts published by the National Association of Regulatory Utility Commissioners.
(8) Any generally available standard published by any of the standardizing organizations listed in United States Department of Commerce Miscellaneous Publication 288, issued August 1, 1967, or supplements thereto or reissues thereof.
(9) Any other generally available publication approved by the bureau.
Notwithstanding any other provision of this part no press release, speech, or other unofficial comments or news material shall be published in the code, the permanent supplements thereto, or in the bulletin.
(a) General rule.-- The code and the permanent supplements thereto shall be published pursuant to typographical and contractual arrangements which shall ensure to every agency and the unified judicial system an opportunity to procure at reasonable cost individually printed pamphlet copies of the regulations, statements of policy, general rules and rules of court of such agency or the unified judicial system published by authority of this part.
(b) Approval required for special format.-- No administrative regulation, statement of policy, general rule or rule of court published in the code or the permanent supplement thereto shall be reset or otherwise reprinted at public expense upon a format distinct from that of the code without a certification by the joint committee that such special format is necessary for the effective performance by the agency or the unified judicial system of its functions.
The prices to be charged for individual copies of and subscriptions to the code, the permanent supplements thereto and the bulletin, for reprints and bound volumes thereof and for pamphlet regulations, statements of policy, general rules and rules of court, which prices may be fixed without reference to the restrictions placed upon and fixed for the sale of other publications of the Commonwealth, and the number of copies which shall be distributed free for official use, shall be set by regulations promulgated by the joint committee. Without limiting the generality of the foregoing, such regulations may provide for volume discounts available to established law book publishers who agree to incorporate fully the code, the permanent supplements thereto and the bulletin into their general scheme of promotion and distribution and may provide for the free reciprocal exchange of publications between this Commonwealth and other states and foreign jurisdictions and for the free distribution upon request of every publication printed under authority of this part to each:
(1) County for the use of its law library.
(2) (Deleted by amendment).
(3) (Deleted by amendment).
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
[Deleted by amendment]
(a) General rule.-- The following shall be published by the bureau or by a contractor under subsection (b):
(1) the code;
(2) the permanent supplements thereto published pursuant to section 726 (relating to permanent supplements to Pennsylvania Code);
(3) pamphlet copies of regulations, statements of policy, general rules and rules of court published pursuant to section 729 (relating to publication of individual documents); and
(4) the bulletin (unless the application of this section to the bulletin is found to be impracticable by the joint committee after notice in the bulletin and opportunity for hearing) published pursuant to section 724 (relating to preliminary publication in Pennsylvania Bulletin) and section 725 (relating to additional contents of Pennsylvania Bulletin).
(b) Selection of contractor.-- A contract under subsection (a) shall be given in one of the following manners:
(1) After reasonable public invitation for proposals, to the lowest responsible bidder below such maximum price and under such regulations as shall be prescribed by the joint committee.
(2) After investigation and public hearing by the joint committee, to a sole source contractor selected by the joint committee.
(c) Conflict of interest.-- No officer or employee of the Commonwealth shall be in any way interested in any purchase made by the Commonwealth under any such contract or otherwise.
(d) Definitions.-- (Deleted by amendment).
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
(a) Authorization.-- In accordance with the act of May 29, 1935 (P.L.244, No.102), referred to as the Local Government Commission Law, the Local Government Commission may, in addition to or in lieu of printed publication and distribution, publish, maintain and update electronic copies of the following:
(1) The act of June 23, 1931 (P.L.932, No.317), known as The Third Class City Code.
(2) The act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code.
(3) The act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code.
(4) The act of August 9, 1955 (P.L.323, No.130), known as The County Code.
(5) The act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code.
(b) Availability.-- Publications under subsection (a) shall be available on an Internet website maintained by the commission in a secure format accessible to the public and shall be updated within 60 days of the enactment of any amendment.
(a) General rule.-- The official text, as published as provided in Subchapter B of Chapter 7 (relating to publication of documents), of any document required or authorized to be published in the code, the permanent supplements thereto, or the bulletin, shall from the date of such publication be the only valid and enforceable text of such document regardless of any discrepancy between such official text and the agency text of such document. Thereafter any amendment to such document shall be drawn as an amendment to the official text thereof. If an agency discovers a discrepancy between the agency text and the official text of a document, the agency shall forthwith deposit, without regard to the requirements of 2 Pa.C.S. § 301 (relating to notice of proposed rule making) and 2 Pa.C.S. § 302 (relating to adoption of administrative regulations) with the Legislative Reference Bureau an appropriate corrective amendment to the official text, and the agency may specify that such amendment shall be effective as of the effective date of the defective official text, but only persons who have had actual knowledge of the discrepancy shall be affected by such amendment prior to the publication of the official text thereof in the manner prescribed in this part. The purpose of this section is to permit the public to rely absolutely upon the correctness of the text of a regulation, statement of policy or other document as published in the code, the supplements thereto, or the bulletin by declaring such published text to be the only legal evidence of the valid and enforceable text of such regulation, statement of policy or other document.
(b) Home rule charter documents and optional plans of government.-- (Deleted by amendment).
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
Each title or part of the code and each permanent supplement thereto shall contain a certificate by the Director of the Legislative Reference Bureau that such title or part or permanent supplement thereto contains all documents required pursuant to section 702 (relating to contents of Pennsylvania Code) to be codified therein officially filed for public inspection prior to the closing date of such permanent supplement, by the government unit or units to which such title or part relates, which certificate shall be conclusive evidence of such fact in the case of documents issued, prescribed or promulgated by an agency. If an agency discovers an omission in such title or part, such omission shall be governed by the provisions of section 901 (relating to official text of published documents).
No otherwise valid document which is required by or pursuant to this part or by any other provision of law to be published under this part, shall be valid as against any person who has not had actual knowledge thereof until such publication has been effected. Publication shall be deemed to have been effected upon the deposit of the bulletin or the permanent supplement to the code containing such document in the United States mail for distribution. The issue date of the bulletin and of the permanent supplement to the code shall be the day of such deposit, and, in the case of the bulletin, such date shall be indicated prominently upon the first page of each issue thereof.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
Unless otherwise specifically provided by statute other than a provision of this title, the publication under this part of any document required or authorized by this part to be so published shall, except in cases where notice by publication is insufficient in law, be sufficient to give notice of the contents of such document to any person subject thereto or affected thereby.
The publication in the code, the permanent supplements thereto, or the bulletin of any document shall create a rebuttable presumption:
(1) That it was duly issued, prescribed or promulgated.
(2) (Deleted by amendment).
(3) That there has been compliance with all of the following applicable to such document:
(i) Section 612 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
(ii) The act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law.
(iii) Sections 204(b) and 301(10) of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
(iv) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(v) This part.
(vi) 1 Pa. Code Pt. I (relating to Joint Committee on Documents).
(Sept. 24, 2014, P.L.2461, No.133, eff. 60 days)
Whenever notice of hearing or of opportunity to be heard is required or authorized to be given by the Commonwealth government by or under any statute, or may otherwise properly be given, the notice, except in cases where notice by publication is insufficient in law, shall be deemed to have been given to all persons residing within this Commonwealth, and to all persons owning or having any interest in any property situated within the limits thereof, if said notice shall be published in the bulletin at such time that the period between the date of publication as specified in section 903(a) (relating to effective date of documents) and the date fixed in such notice for the hearing or for the termination of the opportunity to be heard shall be:
(1) not less than the time specified for the publication of the notice by the appropriate statute; or
(2) not less than 15 days when no time for publication is specified by statute, without prejudice, however, to the effectiveness of any notice of less than 15 days where such shorter period is reasonable.
(a) General rule.-- Except with respect to the time specified for the publication of notice, the publication by the Commonwealth government of any notice in the manner provided by this part shall constitute full compliance with law notwithstanding any inconsistent provision of any statute.
(b) Additional notice if not prohibited.-- Nothing in this part shall prohibit the Commonwealth government from giving notice in such manner, or if notice has been given in the manner prescribed by this part, in such supplemental manner, as is not inconsistent with regulations promulgated by the joint committee with respect to Commonwealth agencies.
APPENDIX TO TITLE 45
LEGAL NOTICES
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Supplementary Provisions of Amendatory Statutes
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1976, JULY 9, P.L.877, NO.160
§ 3. Certification and admissibility in evidence of official records.
(a) Official publication or certification as evidence.-- (Repealed).
(b) Statement of no record as evidence.-- (Repealed).
(c) Duty of Legislative Reference Bureau.-- It shall be the duty of the Director or Assistant Director of the Bureau, upon receipt or acceptable provision for payment of the fees established therefor, to cause a copy of the document, record or paper, or a statement that no such record or entry is found to exist, to be made and authenticated and to deliver such copy or statement to any person entitled thereto.
(d) Certification admissible as evidence.-- (Repealed).
(e) Certification constitutes compliance with subpoena.-- Unless directed otherwise by the court or the presiding officer of the government agency, whichever is applicable, delivery to the court or agency of a certification issued under this section shall constitute sufficient compliance with a subpoena directing an officer or employee of the Bureau to appear for the purpose of presenting testimony or producing documents relating to matters set forth in the certification or accompanying documents.
(f) Certification fee.-- Whenever a certification is issued by the Bureau pursuant to the provisions of this section, the Bureau shall charge a reasonable fee for such certification. The Director of the Bureau shall determine and establish by regulation the amount of the certification fee.
Explanatory Note. Act 160 amended or added Pts. I and II of Title 45 and section 1991 of Title 1.
Partial Repeal. Subsecs. (a), (b) and (d) were repealed and subsec. (c) was repealed in part April 28, 1978, P.L.202, No.53, effective in 60 days.
§ 4. Conversion of references pending codification of Title 2.
Pending codification of Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure) a reference in Title 45 of the Pennsylvania Consolidated Statutes to "Subchapter A of Chapter 3 of Title 2 (relating to regulations of Commonwealth agencies)" shall be deemed a reference to sections 102 and 201 through 208 of the act of July 31, 1968 (P.L.769, No.240), known as the "Commonwealth Documents Law," and a reference to "2 Pa.C.S. § 301 (relating to notice of proposed rule making)," "2 Pa.C.S. § 302 (relating to adoption of administrative regulations)," "2 Pa.C.S. § 305 (relating to approval as to legality)," "2 Pa.C.S. § 306 (relating to format of regulations)," or "2 Pa.C.S. § 308 (relating to unfiled administrative regulations invalid)" shall be deemed to be a reference to sections 201, 202, 205, 206, or 208 of said act, respectively.
§ 5. Advertising by third class city in two counties.
Where official and legal advertising is required of a third class city located in two counties, such advertising shall be binding and effective if done in the newspapers of general circulation, official newspapers and legal newspapers, as defined in Title 45 of the Pennsylvania Consolidated Statutes (relating to legal notices), published in the county where such city was incorporated.
§ 6. Objections to revised text of previously filed regulations.
Notwithstanding 45 Pa.C.S. § 723(b) (relating to status of revised text) an agency may file written objections with the joint committee within 60 days after receiving the revised text of any regulations not previously published in the Pennsylvania Code which were filed in the Legislative Reference Bureau prior to the enactment of this act.
2021, NOVEMBER 5, P.L.427, NO.82
§ 1. Findings and declarations.
The General Assembly finds and declares as follows:
(1) Situations like the COVID-19 disaster emergency jeopardize the weekly publication of the Pennsylvania Bulletin.
(2) It is necessary to provide a procedure for the electronic publication of the Pennsylvania Bulletin and to provide flexibility on the date of publication when emergency circumstances dictate.
Explanatory Note. Act 82 amended section 702 of Title 44 and section 724 of Title 45.
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