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H0255......................................................by STATE AFFAIRS
NEWSPAPERS - GENERAL CIRCULATION - Amends existing law relating to
newspapers to revise the definition of "newspaper of general circulation."
02/23 House intro - 1st rdg - to printing
02/24 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 255
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO NEWSPAPERS; AMENDING SECTION 60-106, IDAHO CODE, TO REVISE A DEFI-
3 NITION AND TO MAKE TECHNICAL CORRECTIONS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 60-106, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 60-106. QUALIFICATIONS OF NEWSPAPERS PRINTING LEGAL NOTICES. No legal
8 notice, advertisement or publication of any kind required or provided by the
9 laws of the state of Idaho, to be published in a newspaper, shall be published
10 or have any force or effect, as such, unless the same be published in a news-
11 paper of general interest published in the state of Idaho, and which newspaper
12 if published weekly, has been continuously and uninterruptedly published in
13 the county during a period of seventy-eight (78) consecutive weeks prior to
14 the first publication of the notice, or advertisement, and, if published
15 daily, has been so published as a daily newspaper in the county during a
16 period of twelve (12) consecutive months prior to the first publication of the
17 notice or advertisement; provided that, notwithstanding any other provision of
18 Idaho laws, the term "newspaper of (or having) general circulation," wherever
19 used in Idaho Code as a qualification of newspapers required to be used for
20 the publication of notice, shall mean a "newspaper," as defined in this sec-
21 tion, that is published within the boundaries of the governmental entity
22 wherein the notice is required to be published and which newspaper has the
23 largest paid circulation among all newspapers published in that governmental
24 entity as verified by the sworn statement of average total paid or requested
25 circulation for the preceding twelve (12) months that was filed on the annual
26 statement of ownership, management and circulation with the U.S. postal ser-
27 vice on the date immediately preceding the date of the required publication of
28 notice; excepting that, where no newspaper is published within the governmen-
29 tal entity required to publish a notice, the term "newspaper of (or having)
30 general circulation" shall mean the newspaper with the largest paid circula-
31 tion published within any county in which the that governmental entity, is
32 located, or the newspaper published nearest to the boundaries of the govern-
33 mental entity; provided, that nothing in this chapter shall invalidate the
34 publication of such notice or advertisement in any newspaper which has simply
35 changed its name, frequency of publication, suspended publication because of
36 an act of God, or public enemy, fire, strike, or other labor dispute, explo-
37 sion, flood, government prohibition, government requisition of essential prop-
38 erty, preferential government orders, breakdown, legal acts of public authori-
39 ties or other acts beyond the control of the publisher for a period of not to
40 exceed six (6) months, or changed the place of publication from one part of
41 the county to another part thereof, without breaking the continuity of its
42 regular issues for the required length of time: and, provided further, that
43 this chapter shall not apply to counties in which no newspaper has been pub-
2
1 lished for the required length of time: provided the term "Nnewspaper" as used
2 in this section shall apply only to such newspapers of general interest made
3 up of at least four (4) pages of at least five (5) columns each, printed from
4 type matter or from "slugs" cast upon the linotype or intertype or similar
5 "slug-casting" machine, or by the process known as "offset," or stereotyped
6 forms of at least seventeen and three-fourths (17 3/4) inches depth; or, if
7 smaller pages, then comprising an equivalent amount of type matter, and which
8 shall have at least two hundred (200) bona fide subscribers living within the
9 county in which the newspaper is published at regular intervals and, in no
10 case, less frequently than once a week; provided that a newspaper produced by
11 the process known as mimeographing or similar methods shall not be deemed a
12 legal newspaper for publications of any kind. And provided further, that any
13 duly qualified newspaper, as hereinbefore defined, shall not forfeit its
14 standing as such by reason of the fact that it has suspended publication for
15 all or any part of the period during which the United States has been or shall
16 be engaged in the prosecution of any war, or for one (1) year following the
17 date of the proclamation of the Ppresident of the United States declaring that
18 this nation is no longer at war, or the termination of a state of war shall be
19 otherwise established. And if any such newspaper shall resume regular publica-
20 tion within one (1) year from the date when the termination of the state of
21 war shall be so established, it shall then be as fully qualified to publish
22 any legal notice, advertisement, or publication required to be published by
23 the laws of the state of Idaho, as if such newspaper had not suspended regular
24 publication during the above mentioned period of time.
25 No newspaper shall qualify under this section unless the same shall hold a
26 valid second class mailing permit from the United States Ppost Ooffice. Any
27 violations of the previous requirements of this section concerning printing of
28 newspapers other than in the governmental entity in which a notice or adver-
29 tisement is required to be printed are hereby excused and any advertisement
30 published in any such newspapers is hereby validated.
STATEMENT OF PURPOSE
RS 14676
This legislation relates to newspapers; amending Section 60-106,
Idaho Code, to revise a definition and to make technical
corrections.
FISCAL NOTE
There will be no fiscal impact on the General Fund.
Contact
Name: Representative Tom Trail
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 255