2005 Legislation
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HOUSE BILL NO. 255 – Newspaper/general circulatn/defined


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Bill Status

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

Bill Text

  ]]]]              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
  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:
  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-
  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 / Fiscal Impact

                       STATEMENT OF PURPOSE

                             RS 14676

This legislation relates to newspapers; amending Section 60-106, 
Idaho Code, to revise a definition and to make technical

                           FISCAL NOTE

There will be no fiscal impact on the General Fund.

Name:  Representative Tom Trail 
Phone: 332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                     H 255