2005 Legislation
Print Friendly

HOUSE BILL NO. 332 – Newspapers, legal notices

HOUSE BILL NO. 332

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                        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