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H0332......................................................by STATE AFFAIRS
NEWSPAPERS - Amends existing law to revise provisions relating to
qualifications of newspapers to print legal notices; to provide legislative
findings; and to provide for a task force.
03/14 House intro - 1st rdg - to printing
03/15 Rpt prt - to St Aff
03/18 Rpt out - rec d/p - to 2nd rdg
03/21 2nd rdg - to 3rd rdg
03/22 3rd rdg - FAILED - 33-36-1
AYES -- Andrus, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bolz, Bradford, Crow, Deal, Ellsworth, Field(18), Field(23),
Garrett, Hart, Henderson, Jones, McKague, Miller, Moyle, Raybould,
Ring, Rydalch, Schaefer, Shirley, Skippen, Smylie, Stevenson, Trail,
Mr. Speaker
NAYS -- Anderson, Barraclough, Boe, Cannon, Chadderdon, Clark,
Collins, Denney, Edmunson(Barker), Eskridge, Harwood, Henbest,
Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Ringo,
Rusche, Sali, Sayler, Shepherd(2), Shepherd(8), Smith(30), Smith(24),
Snodgrass, Wills, Wood
Absent and excused -- Roberts
Floor Sponsors - Smylie & Deal
Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 332
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO LEGAL NOTICE PUBLICATION REQUIREMENTS; AMENDING SECTION 60-106,
3 IDAHO CODE, TO REVISE PROVISIONS RELATING TO QUALIFICATIONS OF NEWSPAPERS
4 TO PRINT LEGAL NOTICES; TO PROVIDE LEGISLATIVE FINDINGS AND TO PROVIDE FOR
5 A TASK FORCE; AMENDING SECTION 60-106, IDAHO CODE, TO REVISE PROVISIONS
6 RELATING TO QUALIFICATIONS OF NEWSPAPERS TO PRINT LEGAL NOTICES; DECLARING
7 AN EMERGENCY AND PROVIDING EFFECTIVE DATES.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 60-106, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 60-106. QUALIFICATIONS OF NEWSPAPERS PRINTING LEGAL NOTICES. No legal
12 notice, advertisement or publication of any kind required or provided by the
13 laws of the state of Idaho, to be published in a newspaper, shall be published
14 or have any force or effect, as such, unless the same be published in a news-
15 paper of general interest published in the state of Idaho, and which newspaper
16 if published weekly, has been continuously and uninterruptedly published in
17 the county during a period of seventy-eight (78) consecutive weeks prior to
18 the first publication of the notice, or advertisement, and, if published
19 daily, has been so published as a daily newspaper in the county during a
20 period of twelve (12) consecutive months prior to the first publication of the
21 notice or advertisement; provided that, notwithstanding any other provision of
22 Idaho laws, the term "newspaper of (or having) general circulation," wherever
23 used in Idaho Code as a qualification of newspapers required to be used for
24 the publication of notice, shall mean a "newspaper," as defined in this sec-
25 tion, that is published within the boundaries of the governmental entity
26 wherein the notice is required to be published; and which newspaper has the
27 largest paid circulation among all newspapers published in that governmental
28 entity as verified by the sworn statement of average total paid or requested
29 circulation for the preceding twelve (12) months that was filed on the annual
30 statement of ownership, management and circulation with the U.S. postal ser-
31 vice on the date immediately preceding the date of the required publication of
32 notice; excepting that, where no newspaper is published within the governmen-
33 tal entity required to publish a notice, the term "newspaper of (or having)
34 general circulation" shall mean the a newspaper with the largest paid circula-
35 tion published within any county in which the governmental entity is located,
36 or the newspaper published nearest to the boundaries of the governmental
37 entity and which newspaper has paid circulation within the governmental entity
38 required to publish a notice and has been selected by that governmental entity
39 for publication of notices; provided, that nothing in this chapter shall
40 invalidate the publication of such notice or advertisement in any newspaper
41 which has simply changed its name, frequency of publication, suspended publi-
42 cation because of an act of God, or public enemy, fire, strike, or other labor
43 dispute, explosion, flood, government prohibition, government requisition of
2
1 essential property, preferential government orders, breakdown, legal acts of
2 public authorities or other acts beyond the control of the publisher for a
3 period of not to exceed six (6) months, or changed the place of publication
4 from one part of the county to another part thereof, without breaking the con-
5 tinuity of its regular issues for the required length of time: and, provided
6 further, that this chapter shall not apply to counties in which no newspaper
7 has been published for the required length of time: provided the term
8 "Newspaper" as used in this section shall apply only to such newspapers of
9 general interest made up of at least four (4) pages of at least five (5) col-
10 umns each, printed from type matter or from "slugs" cast upon the linotype or
11 intertype or similar "slug-casting" machine, or by the process known as
12 "offset," or stereotyped forms of at least seventeen and three-fourths
13 (17 3/4) inches depth; or, if smaller pages, then comprising an equivalent
14 amount of type matter, and which shall have at least two hundred (200) bona
15 fide subscribers living within the county in which the newspaper is published
16 at regular intervals and, in no case, less frequently than once a week; pro-
17 vided that a newspaper produced by the process known as mimeographing or simi-
18 lar methods shall not be deemed a legal newspaper for publications of any
19 kind. And provided further, that any duly qualified newspaper, as hereinbefore
20 defined, shall not forfeit its standing as such by reason of the fact that it
21 has suspended publication for all or any part of the period during which the
22 United States has been or shall be engaged in the prosecution of any war, or
23 for one (1) year following the date of the proclamation of the President of
24 the United States declaring that this nation is no longer at war, or the ter-
25 mination of a state of war shall be otherwise established. And if any such
26 newspaper shall resume regular publication within one (1) year from the date
27 when the termination of the state of war shall be so established, it shall
28 then be as fully qualified to publish any legal notice, advertisement, or pub-
29 lication required to be published by the laws of the state of Idaho, as if
30 such newspaper had not suspended regular publication during the above men-
31 tioned period of time.
32 No newspaper shall qualify under this section unless the same shall hold a
33 valid second class mailing permit from the United States Post Office. Any
34 violations of the previous requirements of this section concerning printing of
35 newspapers other than in the governmental entity in which a notice or adver-
36 tisement is required to be printed are hereby excused and any advertisement
37 published in any such newspapers is hereby validated.
38 SECTION 2. LEGISLATIVE FINDINGS. (1) The Idaho Legislature hereby finds
39 that a review of the laws relating to the publication of official governmental
40 and nongovernmental notices by interested parties is appropriate.
41 (2) Therefore, the Idaho Legislature requests that representatives of the
42 Secretary of State, the Idaho State Bar, the Association of Idaho Cities, the
43 Association of Idaho Counties, and daily and weekly newspapers published
44 within the state form a task force to review existing statutory official gov-
45 ernmental and nongovernmental notice requirements, the qualifications of news-
46 papers authorized to publish such notices, and the compensation rates for such
47 notices. The task force is requested to consult with the chairs of the Senate
48 State Affairs Committee, the Senate Judiciary and Rules Committee, the House
49 of Representatives State Affairs Committee and the House of Representatives
50 Judiciary, Rules and Administration Committee concerning the progress of the
51 task force's review during the interim between the First and Second Regular
52 Sessions of the Fifty-eighth Idaho Legislature. The task force is further
53 requested to present its findings together with recommended legislation, if
54 any, to the Second Regular Session of the Fifty-eighth Idaho Legislature.
3
1 SECTION 3. That Section 60-106, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 60-106. QUALIFICATIONS OF NEWSPAPERS PRINTING LEGAL NOTICES. No legal
4 notice, advertisement or publication of any kind required or provided by the
5 laws of the state of Idaho, to be published in a newspaper, shall be pub-
6 lished or have any force or effect, as such, unless the same be published in a
7 newspaper of general interest published in the state of Idaho, and which news-
8 paper if published weekly, has been continuously and uninterruptedly published
9 in the county during a period of seventy-eight (78) consecutive weeks prior to
10 the first publication of the notice, or advertisement, and, if published
11 daily, has been so published as a daily newspaper in the county during a
12 period of twelve (12) consecutive months prior to the first publication of the
13 notice or advertisement; provided that, notwithstanding any other provision of
14 Idaho laws, the term "newspaper of (or having) general circulation," wherever
15 used in Idaho Code as a qualification of newspapers required to be used for
16 the publication of notice, shall mean a "newspaper," as defined in this sec-
17 tion, that is published within the boundaries of the governmental entity
18 wherein the notice is required to be published and which newspaper has the
19 largest paid circulation among all newspapers published in that governmental
20 entity as verified by the sworn statement of average total paid or requested
21 circulation for the preceding twelve (12) months that was filed on the annual
22 statement of ownership, management and circulation with the U.S. postal ser-
23 vice on the date immediately preceding the date of the required publication of
24 notice; excepting that, where no newspaper is published within the governmen-
25 tal entity required to publish a notice, the term "newspaper of (or having)
26 general circulation" shall mean a the newspaper with the largest paid circula-
27 tion published within any county in which the governmental entity is located,
28 and which newspaper has paid circulation within the governmental entity
29 required to publish a notice and has been selected by that governmental entity
30 for publication of notices or the newspaper published nearest to the bound-
31 aries of the governmental entity; provided, that nothing in this chapter shall
32 invalidate the publication of such notice or advertisement in any newspaper
33 which has simply changed its name, frequency of publication, suspended publi-
34 cation because of an act of God, or public enemy, fire, strike, or other labor
35 dispute, explosion, flood, government prohibition, government requisition of
36 essential property, preferential government orders, breakdown, legal acts of
37 public authorities or other acts beyond the control of the publisher for a
38 period of not to exceed six (6) months, or changed the place of publication
39 from one part of the county to another part thereof, without breaking the con-
40 tinuity of its regular issues for the required length of time: and, provided
41 further, that this chapter shall not apply to counties in which no newspaper
42 has been published for the required length of time: provided the term
43 "Newspaper" as used in this section shall apply only to such newspapers of
44 general interest made up of at least four (4) pages of at least five (5) col-
45 umns each, printed from type matter or from "slugs" cast upon the linotype or
46 intertype or similar "slug-casting" machine, or by the process known as
47 "offset," or stereotyped forms of at least seventeen and three-fourths
48 (17 3/4) inches depth; or, if smaller pages, then comprising an equivalent
49 amount of type matter, and which shall have at least two hundred (200) bona
50 fide subscribers living within the county in which the newspaper is published
51 at regular intervals and, in no case, less frequently than once a week; pro-
52 vided that a newspaper produced by the process known as mimeographing or simi-
53 lar methods shall not be deemed a legal newspaper for publications of any
54 kind. And provided further, that any duly qualified newspaper, as hereinbefore
4
1 defined, shall not forfeit its standing as such by reason of the fact that it
2 has suspended publication for all or any part of the period during which the
3 United States has been or shall be engaged in the prosecution of any war, or
4 for one (1) year following the date of the proclamation of the President of
5 the United States declaring that this nation is no longer at war, or the ter-
6 mination of a state of war shall be otherwise established. And if any such
7 newspaper shall resume regular publication within one (1) year from the date
8 when the termination of the state of war shall be so established, it shall
9 then be as fully qualified to publish any legal notice, advertisement, or pub-
10 lication required to be published by the laws of the state of Idaho, as if
11 such newspaper had not suspended regular publication during the above men-
12 tioned period of time.
13 No newspaper shall qualify under this section unless the same shall hold a
14 valid second class mailing permit from the United States Post Office. Any
15 violations of the previous requirements of this section concerning printing of
16 newspapers other than in the governmental entity in which a notice or adver-
17 tisement is required to be printed are hereby excused and any advertisement
18 published in any such newspapers is hereby validated.
19 SECTION 4. An emergency existing therefor, which emergency is hereby
20 declared to exist, Sections 1 and 2 of this act shall be in full force and
21 effect on and after passage and approval; Section 3 of this act shall be in
22 full force and effect on and after January 1, 2007.
STATEMENT OF PURPOSE
RS 15153
In 1994, the Legislature amended laws relating to the
qualification of newspapers to publish legal notices on behalf of
political subdivisions, relating to the business of the
governmental unit, and legal notices published on behalf of
private persons, for matters relating to publication of summons,
notice to creditors in estate matters, foreclosure of trust deeds
and other private matters. The change of law, in 1994, required
that such notices be published only in the newspaper having the
largest circulation within the political subdivision. Many of the
smaller newspapers in the state were not aware of the 1994 change
in law, and have continued to print notices as requested by
banks, attorneys, trustees and other business entities. This
statute will not correct or excuse previous erroneous
publications. However the bill will do the following:
Create a non-legislative Task Force consisting of
representatives of the Idaho State Bar, the Idaho
Association of Counties, the Idaho Association of Cities,
and daily and weekly newspapers published within the state
to study and make recommendations to the Legislature
concerning various matters relating to such publications,
including the qualification of newspapers to publish legal
notices. The Task Force is requested to maintain
communication with the Chairs of the germane legislative
committees during the interim and to report its
recommendations to the next legislative session.
During the interim, and to allow the legislature the
opportunity to act on the recommendations, the law as it
existed prior to 1994, would be in effect. During this
period, legal notices may be published in the daily or
weekly newspaper chosen by the person or entity giving
notice. The newspaper chosen must be a legal newspaper,
except for the fact that the newspaper may not have the
largest circulation in the county.
If the next session of the legislature does not change the
law as it has existed between 1994 and the present date,
or otherwise amend this bill, on January 1, 2007, the law
will revert to the present requirement that legal
publications may only be made in that newspaper having the
largest circulation in the county or other political unit.
FISCAL NOTE
There is no fiscal impact
Contact
Name: Bill Roden
Phone: (208) 336-7930
STATEMENT OF PURPOSE/FISCAL NOTE H 332