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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 - 2005IN 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 tionpublishedwithinany county in which thethat governmental entity,is32located,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 thePpresident 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 StatesPpostOoffice. 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