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H0207aaS.............................by JUDICIARY, RULES AND ADMINISTRATION
OFFICIAL NOTICES - Amends and adds to existing law to increase the rates
for publication of official notices over a two year period; to provide for
electronic publication of legal notices by newspapers; provides legislative
intent and provides for a committee to study the issue of publication of
legal notices.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to Jud
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 37-27-6
AYES -- Alltus, Black, Bruneel, Callister, Clark, Cuddy, Deal,
Ellsworth, Field(13), Field(20), Gould, Hadley, Hammond, Hansen(23),
Henbest, Hornbeck, Jaquet, Judd, Kempton, Kunz, Lake, Mader, Marley,
Meyer, Montgomery, Mortensen, Pomeroy, Reynolds, Ridinger, Robison,
Sellman, Smith, Smylie, Tippets, Watson, Zimmermann, Mr Speaker
NAYS -- Barraclough, Barrett, Bell, Bieter, Campbell, Chase, Crow,
Denney, Gagner, Geddes, Kellogg, Kendell, Limbaugh, McKague, Moyle,
Pischner, Ringo, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Taylor(Taylor), Tilman, Wheeler, Williams, Wood
Absent and excused -- Boe, Hansen(29), H0217, Linford, Loertscher,
Trail
Floor Sponsor - Hansen(23)
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to St Aff
03/09 Rpt out - to 14th Ord
Rpt out amen - to 1st rdg as amen
03/10 1st rdg - to 2nd rdg as amen
03/11 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 20-11-4
AYES--Andreason, Bunderson, Cameron, Crow, Danielson, Darrington,
Davis, Dunklin, Frasure, Ingram, Ipsen, Keough, McLaughlin, Noh,
Richardson, Risch, Sandy, Schroeder, Stegner, Stennett
NAYS--Boatright, Branch, Burtenshaw, Deide, Geddes, Hawkins, King,
Lee, Riggs, Thorne, Whitworth
Absent and excused--Parry, Sorensen, Twiggs, Wheeler
Floor Sponsor - Dunklin
Title apvd - to House
03/16 House concurred in Senate amens - to engros
03/17 Rpt engros - 1st rdg - to 2nd rdg as amen
03/18 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 55-12-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kunz, Lake, Limbaugh, Linford, Mader, Marley, Meyer(Duncan),
Mortensen, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sellman,
Smith, Smylie, Stevenson, Stone, Tilman, Tippets, Trail, Watson,
Wheeler, Mr Speaker
NAYS -- Gagner, Kendell, Loertscher, McKague, Moyle, Ridinger, Sali,
Schaefer, Stoicheff, Taylor, Williams, Wood
Absent and excused -- Hansen(29), Montgomery, Zimmermann
Floor Sponsor - Hansen(23)
Title apvd - to enrol
03/19 Rpt enrol - Sp signed - Pres signed
03/23 To Governor
03/24 Governor signed
Session Law Chapter 281
Effective: 01/01/2000 - Sections 1, 3 & 4
01/01/2001 - Section 2
H0207|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 207, As Amended in the Senate BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE 1 AN ACT 2 RELATING TO RATES FOR AND THE ELECTRONIC PUBLICATION OF OFFICIAL NOTICES; 3 AMENDING SECTION 60-105, IDAHO CODE, TO PROVIDE FOR A ONE-HALF CENT 4 INCREASE IN RATES; AMENDING SECTION 60-105, IDAHO CODE, AS AMENDED IN SEC- 5 TION 1 OF THIS ACT, TO PROVIDE A ONE-HALF CENT INCREASE IN RATES; AMENDING 6 CHAPTER 1, TITLE 60, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 60-106A, 7 IDAHO CODE, TO PROVIDE FOR THE ELECTRONIC PUBLICATION OF OFFICIAL NOTICES, 8 TO DEFINE TERMS, TO PROVIDE THAT ELECTRONIC PUBLICATION MAY BE IN ADDITION 9 TO PUBLICATION IN A NEWSPAPER, TO PROVIDE THAT ELECTRONIC PUBLICATION BY 10 NEWSPAPERS SHALL BE AT THE OPTION OF THE NEWSPAPER, TO PROVIDE THAT NEWS- 11 PAPERS MAY NOT CHARGE AN ADDITIONAL RATE FOR ELECTRONIC PUBLICATION, TO 12 PROVIDE THAT MESSAGING ADDRESSES SHOULD BE INCLUDED IN OFFICIAL NOTICES TO 13 THE GREATEST EXTENT PRACTICABLE; TO PROVIDE LEGISLATIVE FINDINGS AND PRO- 14 VIDE FOR A COMMITTEE TO REVIEW STATUTORY OFFICIAL NOTICE REQUIREMENTS; AND 15 TO PROVIDE EFFECTIVE DATES. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 60-105, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 60-105. RATES FOR OFFICIAL NOTICES. The rate to be charged for all offi- 20 cial notices required by law to be published in any newspaper in this state, 21 by any state, county, municipal official or other person, shall be as follows: 22 six and one-half cents (6 1/2 [) for each pica in a 23 column line for the first insertion and five and one-half cents 24 (5 1/2 [) for each pica in a column line for each subsequent 25 insertion. For table and figure matter, the rate shall be seven and 26 one-half cents (7 1/2 [) for each pica in a column line 27 for the first insertion, and five and one-half cents (5 1/2 28 [) for each pica in a column line for each subsequent insertion. In the 29 event that a column line ends in a one-half (1/2) pica measurement, the rate 30 for such one-half (1/2) pica shall be one-half (1/2) the rate established for 31 a full pica for the type of matter set forth herein. For purposes of this sec- 32 tion, the type used shall not be smaller than 7 point nor greater than 8 33 point. 34 SECTION 2. That Section 60-105, Idaho Code, as amended in Section 1 of 35 this act, be, and the same is hereby amended to read as follows: 36 60-105. RATES FOR OFFICIAL NOTICES. The rate to be charged for all offi- 37 cial notices required by law to be published in any newspaper in this state, 38 by any state, county, municipal official or other person, shall be as follows: 39six and one-halfseven cents (6 1/2407 [) for each pica in a column line for the first insertion 41 andfive and one-halfsix cents (5 1/22 16 [) for each pica in a column line for each subsequent 2 insertion. For table and figure matter, the rate shall beseven and one-3halfeight cents (7 1/28 [) for 4 each pica in a column line for the first insertion, andfive and one-5halfsix cents (5 1/26 [) for 6 each pica in a column line for each subsequent insertion. In the event that a 7 column line ends in a one-half (1/2) pica measurement, the rate for such one- 8 half (1/2) pica shall be one-half (1/2) the rate established for a full pica 9 for the type of matter set forth herein. For purposes of this section, the 10 type used shall not be smaller than 7 point nor greater than 8 point. 11 SECTION 3. That Chapter 1, Title 60, Idaho Code, be, and the same is 12 hereby amended by the addition thereto of a NEW SECTION , to be 13 known and designated as Section 60-106A, Idaho Code, and to read as follows: 14 60-106A. ELECTRONIC PUBLICATION OF LEGAL NOTICES BY NEWSPAPERS. (1) In 15 addition to the newspaper publication required by section 60-106, Idaho Code, 16 legal notices, advertisements or publications of any kind required or provided 17 by the laws of the state of Idaho to be published in a newspaper may also be 18 electronically published by any newspaper. An electronically published legal 19 notice, advertisement or publication shall have the same legal effect as a 20 legal notice, advertisement or publication that is published in a newspaper. 21 (2) The following definitions apply to this section: 22 (a) "Electronically published" means the printing and disseminating of 23 legal notices, advertisements or publications through the use of 24 messaging. 25 (b) "Messaging" means the use of interconnected electronic networks that 26 automatically transmit data from one (1) computer to another. 27 (3) The following provisions apply to this section: 28 (a) Electronic publication may be in addition to the required printed 29 publication in a newspaper; and 30 (b) Electronic publication may be made by newspapers having electronic 31 publication capability. Nothing in this section shall be construed to 32 require a newspaper to develop and maintain an electronic publication 33 capability; and 34 (c) Newspapers may not charge an additional rate for electronic publica- 35 tion. Rates for such electronic publication shall be included in the rates 36 for official notices as provided for in section 60-105, Idaho Code; and 37 (d) Any party placing a legally required public notice in electronic form 38 should, to the greatest extent practicable, provide in such notices the 39 messaging address of the newspaper and, if applicable, that of the person 40 or governmental agency requiring such notice to be published. 41 SECTION 4. LEGISLATIVE FINDINGS -- REVIEW OF OFFICIAL NOTICE REQUIRE- 42 MENTS. (1) The Legislature of the State of Idaho finds that: 43 (a) The Idaho Code requires the publication of numerous official notices 44 in newspapers of the state by cities, counties and citizens; 45 (b) That the requirement to publish certain official notices may no 46 longer be appropriate or may require modification due to changes in cir- 47 cumstances; 48 (c) That other matters that should be published as official notice may 49 not; and 50 (d) A comprehensive review of all official notice requirements by inter- 51 ested parties is necessary. 52 (2) Therefore, the Legislature of the State of Idaho requests that repre- 3 1 sentatives of the Secretary of State, the Idaho State Bar, the Association of 2 Idaho Cities, the Association of Idaho Counties, the allied daily newspapers 3 and the Idaho Newspaper Association form a committee to review existing statu- 4 tory official notice requirements. The committee is requested to consult with 5 the chair of the Senate Judiciary and Rules Committee and the chair of the 6 House of Representatives Judiciary, Rules and Administration Committee during 7 the interim between the First and Second Regular Sessions of the Fifty-fifth 8 Idaho Legislature in conducting such review. The committee will recommend, if 9 appropriate, any legislation necessary in response to the legislative findings 10 contained in this section. 11 SECTION 5. Sections 1, 3 and 4 of this act shall be in full force and 12 effect on and after January 1, 2000. Section 2 of this act shall be in full 13 force and effect on and after January 1, 2001.
AH0207|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999Moved by Sorensen Seconded by Geddes IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 207 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 20, delete "six3 seven cents (67 [)" and insert: "six and 4 one-half cents (6 1/2 [)"; in line 21, delete "five5six cents (56 [)" and insert: 6 "five and one-half cents (5 1/2 [)"; in lines 22 and 7 23 delete "seveneight cents (78 8 [)" and insert: "seven and one-half cents (7 1/2 9 [)"; and in lines 23 and 24 delete "fivesix 10 cents (56 [)" and insert: "five and one-half 11 cents (5 1/2 [)". 12 AMENDMENT TO SECTION 3 13 On page 2, in line 19, delete "This" and insert: "Sections 1, 3 and 4 of 14 this"; and in line 20, following "2000." insert: "Section 2 of this act shall 15 be in full force and effect on and after January 1, 2001.". 16 AMENDMENTS TO THE BILL 17 On page 1, following line 29 insert: 18 "SECTION 2. That Section 60-105, Idaho Code, as amended in Section 1 of 19 this act, be, and the same is hereby amended to read as follows: 20 60-105. RATES FOR OFFICIAL NOTICES. The rate to be charged for all offi- 21 cial notices required by law to be published in any newspaper in this state, 22 by any state, county, municipal official or other person, shall be as follows: 23six and one-halfseven cents (6 1/2247 [) for each pica in a column line for the first insertion 25 andfive and one-halfsix cents (5 1/2266 [) for each pica in a column line for each subsequent 27 insertion. For table and figure matter, the rate shall beseven and one-28halfeight cents (7 1/28 [) for 29 each pica in a column line for the first insertion, andfive and one-30halfsix cents (5 1/26 [) for 31 each pica in a column line for each subsequent insertion. In the event that a 32 column line ends in a one-half (1/2) pica measurement, the rate for such one- 33 half (1/2) pica shall be one-half (1/2) the rate established for a full pica 34 for the type of matter set forth herein. For purposes of this section, the 35 type used shall not be smaller than 7 point nor greater than 8 point."; 36 and in line 30, delete "2" and insert: "3". 37 On page 2, following line 18 insert: 38 "SECTION 4. LEGISLATIVE FINDINGS -- REVIEW OF OFFICIAL NOTICE REQUIRE- 39 MENTS. (1) The Legislature of the State of Idaho finds that: 40 (a) The Idaho Code requires the publication of numerous official notices 41 in newspapers of the state by cities, counties and citizens; 2 1 (b) That the requirement to publish certain official notices may no 2 longer be appropriate or may require modification due to changes in cir- 3 cumstances; 4 (c) That other matters that should be published as official notice may 5 not; and 6 (d) A comprehensive review of all official notice requirements by inter- 7 ested parties is necessary. 8 (2) Therefore, the Legislature of the State of Idaho requests that repre- 9 sentatives of the Secretary of State, the Idaho State Bar, the Association of 10 Idaho Cities, the Association of Idaho Counties, the allied daily newspapers 11 and the Idaho Newspaper Association form a committee to review existing statu- 12 tory official notice requirements. The committee is requested to consult with 13 the chair of the Senate Judiciary and Rules Committee and the chair of the 14 House of Representatives Judiciary, Rules and Administration Committee during 15 the interim between the First and Second Regular Sessions of the Fifty-fifth 16 Idaho Legislature in conducting such review. The committee will recommend, if 17 appropriate, any legislation necessary in response to the legislative findings 18 contained in this section."; 19 and in line 19, delete "3" and insert: "5". 20 CORRECTIONS TO TITLE 21 On page 1, in line 3 delete "AN" and insert: "A ONE-HALF CENT"; delete 22 line 4, in line 5, delete "FIGURE MATTER" and insert: "AMENDING SECTION 23 60-105, IDAHO CODE, AS AMENDED IN SECTION 1 OF THIS ACT, TO PROVIDE A ONE-HALF 24 CENT INCREASE IN RATES;"; in line 12, following ";" insert: "TO PROVIDE LEGIS- 25 LATIVE FINDINGS AND PROVIDE FOR A COMMITTEE TO REVIEW STATUTORY OFFICIAL 26 NOTICE REQUIREMENTS;"; and in line 13 delete "AN"; and also in line 13, delete 27 "DATE" and insert: "DATES".
STATEMENT OF PURPOSE
RS08921
Idaho Code Section 60-105 establishes the rates that are charged for
official notices required by law to be published in newspapers
throughout the state. Official notices of a wide variety of proposed or
completed actions by state and local governments, as well as by the
courts in certain matters, are provided through newspaper publication.
This legislation provides for an increase of seventeen (17) percent in
the rates that newspapers are allowed to charge for printing official
notices. The rate increase sets the rate closer to the actual cost of
publishing such notices.
The last change in official notice publication rates was enacted by the
Legislature three years ago. As newspapers routinely publish such
notices, the practical effect of no increase in publication rates since
1996 has been for the state's newspapers to partially subsidize the cost
of publishing legally required official notices. This legislation
returns the statutory publication rate to a level closer to a
newspaper's actual cost of printing such notices.
This legislation also provides that in addition to publication
of official notices in Idaho newspapers, such notices may also
be published by newspapers through the Internet. Internet
publication would have the same legal effect as publication in
the newspaper itself. However, this bill still requires that
publication occur in the newspaper, that such publication be
optional with newspapers that have an Internet publication
capability, and that newspapers not be able to charge an
additional charge for Internet publication. Adoption of this
provision would make Idaho the first of the fifty states to
allow official notice publication through the internet.
FISCAL NOTE
The current estimated total cost statewide for publishing official
notices by state and local government agencies for fiscal year 1999 is
one million, two-hundred thousand dollars ($1,200,000.00). This fiscal
impact is a seventeen (17) percent increase in the base cost for such
publication broken out as follows:
Fiscal Year Amount of Total Cost
1999 Increase with Increase
____________ __________ ______________
State agencies: $ 324,000 $ 55,080 $ 379,080
Counties: $ 312,000 $ 53,040 $ 365,040
Cities: $ 504,000 $ 85,680 $ 589,680
Local Districts: $ 60,000 $ 10,200 $ 70,020
Total: $1,200,000 $204,000 $1,404,000
CONTACT: Roy Lewis Eiguren, Givens Pursley LLP (208) 388-1313
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H207