Legal Advertisement or Legal Notice - Publication in Newspaper or Newspaper in General Circulation - Digital Newspapers
Summary
HB74 updates Maryland law governing when a publication qualifies as a “newspaper” or “newspaper in general circulation” for purposes of legal advertisements and legal notices. The bill keeps the traditional print-newspaper criteria, but adds a new rule that, for county and municipal legal notices, publication may be made in print or digital format. It also provides that the publication period begins when the notice first appears in either format.
If no print-and-digital publication meets the existing qualifications, the bill allows a notice to be placed in any digital publication that is accessible in the county or municipality and that regularly carries local news and information. For digital publications used in this way, the bill requires an archive of published legal notices that is publicly available and at least one employee whose duties include reporting, writing, or editing local news. The bill also preserves a Prince George’s County-specific rule recognizing newspapers designated as newspapers of record or qualifying small-business publications.
Impact
HB74 amends § 1-113 of the General Provisions Article, changing the legal definition and publication requirements for legal advertisements and notices across Maryland. It expands the acceptable medium from print-only to print or digital for county and municipal notices, and it creates compliance requirements for digital outlets that want to carry such notices. The bill takes effect October 1, 2025, and it removes a prior Dorchester County-specific provision while leaving the Prince George’s County provision in place.
Sentiment
The bill appears to have broad support. It passed the House on third reading with 138 yeas and 0 nays, and the committee report was favorable with amendments. The available record shows no recorded opposition in the vote history and no committee transcript discussion indicating significant controversy.
Contention
The main policy issue is how to balance modernization of legal notice publication with ensuring public access and reliability. Supporters of the bill appear to favor allowing digital newspapers to serve as legal notice publications, especially where local print options are limited. Potential concerns, though not reflected in recorded opposition, would likely center on whether digital-only or digital-first publications provide adequate permanence, accessibility, and local coverage. The bill addresses those concerns by requiring a public archive and a local-news employee for qualifying digital publications.