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BALTIMORE COUNTY, MARYLANDINTER-OFFICE CORRESPONDENCE

TO:All CouncilmembersFROM:John Olszewski, Sr.Councilman, Seventh DistrictSUBJECT:Unsolicited Advertising CircularsDATE:July 31, 2009As I indicated in my memo of July 10, I asked County Executive Smith to veto Bill 49-09 becauseit contained a drafting error. He did so, and I plan to introduce a corrected bill on August 3.As you know, this bill prohibits:1. The delivery of an unsolicited advertising circular that does not include a statement and a toll-freephone number for a person to call to notify the publisher to cease delivery to his address; or2. The delivery of a circular to an address after the resident has called to ask that delivery bestopped.Delivery by the U.S. mail or a private mail delivery service is not affected by the bill.The bill’s definition of “unsolicited advertising circular” is as follows:

(A) DEFINITIONS. IN THIS TITLE, THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.(B) UNSOLICITED ADVERTISING CIRCULAR. “UNSOLICITED ADVERTISING CIRCULAR” MEANS ANY PRINTED OR WRITTEN CIRCULAR, NOTICE, OR OTHER ITEM THE PREDOMINATE PURPOSE OF WHICH IS:(1) TO ADVERTISE ONE OR MORE PRODUCTS, SERVICES, OR OTHER THINGS FOR SALE, LEASE, OR TRADE;(2) TO DIRECT ATTENTION TO ONE OR MORE BUSINESSES, COMMODITIES, SERVICES, EVENTS, OR OTHER ACTIVITIES FOR WHICH A FEE IS CHARGED OR SOLICITED; OR(3) OTHERWISE TO PROMOTE ACTIVITY OF A BUSINESS OR COMMERCIAL NATURE.

This is the same definition that appeared in Bill 49-09. Clearly, the defined term includes neithernewspapers nor campaign material; only the most strained interpretation could produce such a result. TheLaw Office agrees.