H. B. 2833

(By Delegates Kiss, Farris, Leach, Mezzatesta,
Browning and Miller)
(Originating in the House Committee on Finance)
[February 28, 1995]



A BILL to amend and reenact section three, article three, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to newspapers and legal advertisements; rates which a qualified newspaper may charge for legal advertising; establishing the amount of rate increases allowed to be charged for legal advertising for the years one thousand nine hundred ninety-five through one thousand nine hundred ninety-six; setting rates to be charged for political advertising; setting forth the time period and conditions under which such charges apply; requiring affidavits and notice of legal advertising rates; and effective dates of rates.
Be it enacted by the Legislature of West Virginia:
That section three, article three, chapter fifty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. NEWSPAPERS AND LEGAL ADVERTISEMENTS.
§59-3-3. Rates for legal advertisements; computation; filing affidavits with secretary of state.
(a) The rates which a publisher or proprietor of a qualified newspaper in West Virginia may charge and receive for a single or first publication of any legal advertisement set solid shall depend upon the bona fide circulation of such newspaper, as follows:
(1) Four cents per word if the qualified newspaper has reinstituted publication within the limits prescribed by subdivision (1), subsection (b), section one of this article, less than two years immediately preceding the date on which a legal advertisement is delivered to the newspaper for publication and has a bona fide circulation of less than one thousand.
(2) (1) Two cents per word if the qualified newspaper has a bona fide circulation of one thousand or less than one thousand, except as provided in subdivision (1) subsection (a) of this section;
(3) (2) Five cents per word if the qualified newspaper has a bona fide circulation of one thousand to ten thousand;
(4) (3) Six and one-fourth cents per word if the qualified newspaper has a bona fide circulation of more than ten thousand but less than forty thousand; or
(5) (4) Seven and one-fourth cents per word if the qualified newspaper has a bona fide circulation of forty thousand or more: Provided, That on the first day of July in the year one thousand nine hundred ninety-five and on the first day of July in the year one thousand nine hundred ninety-six, the allowable rate per word in each of the classifications of qualified newspapers with reference to circulation as set forth in this subsection shall, for each classification, increase one cent per word over the prior year's rate. It is the intent of the Legislature to reconsider the issue of publication rates for legal advertisement in the year one thousand nine hundred ninety-seven.
(b) In computing the number of words in a legal advertisement, not set solid, the basis shall be upon the size of type in which legal advertising is set by the qualified newspaper making the publication, and shall be computed at the legal rate as though the matter was solid type, that is to say, on the basis of eighty-four words to the single column inch in six point type, and fifty-four words to the single column inch in eight point type, and any other size type in proportion.
(c) In determining the cost of a legal advertisement which is to appear more than once in the same qualified newspaper, the cost for the first publication shall be computed as specified in subsections (a) and (b) of this section, and the cost of the second and each subsequent publication shall be seventy-five percent of the cost of the first publication computed as aforesaid.
(d) The rates provided for in this section may be charged on and after the first day of July, one thousand nine hundred eighty- four. Between the effective date of this section and the said first day of July, one thousand nine hundred eighty-four, the rates for publishing legal advertisements shall be those in effect immediately prior to the effective date of this section. The average bona fide circulation stated by each qualified newspaper in the statement filed by such newspaper with the United States post office department in November, one thousand nine hundred eighty-three, shall control the rate circulation classification of such qualified newspaper for the period from the first day of July, one thousand nine hundred eighty- four, until the first day of July, one thousand nine hundred eighty-five. On or before the first day of November, one thousand nine hundred eighty-four, the publisher or proprietor of each newspaper desiring to publish any legal advertisement during the ensuing fiscal year shall file with the secretary of state an affidavit stating the average bona fide circulation of such newspaper during the preceding calendar year, and sufficient facts shall be set forth in the affidavit to show whether such newspaper is a qualified newspaper. The average bona fide circulation stated in such affidavit by each qualified newspaper shall control the rate circulation classification of such qualified newspaper for the ensuing fiscal year, beginning on the first day of July, one thousand nine hundred eighty-five. The publisher or proprietor of each newspaper desiring to publish any legal advertisement during the ensuing fiscal year shall file an affidavit as aforesaid on or before the first day of November of each succeeding year, and such affidavit shall control the rate circulation classification of such newspaper, if it is a qualified newspaper, for the ensuing fiscal year. Any qualified newspaper, for which the required affidavit is not filed on or before the first day of March of any calendar year after the year one thousand nine hundred eighty-five shall be conclusively presumed to have for the ensuing fiscal year a bona fide circulation of less than one thousand. At the time a publisher or proprietor of a qualified newspaper files an affidavit with the secretary of state, as aforesaid, such publisher or proprietor shall notify the clerk of the county commission and the board of education of the county in which such qualified newspaper is published of the circulation classification of such qualified newspaper and of the applicable rate for publishing legal advertisements in such qualified newspaper during the ensuing fiscal year. If the qualified newspaper is published in a municipality, the publisher or proprietor shall at the same time also furnish the same notification to the clerk or recorder of such municipality. The average bona fide circulation stated by each qualified newspaper in the statement filed by such newspaper with the United States post office department in November, one thousand nine hundred ninety-four shall control the rate of circulation classification of such qualified newspaper for the period commencing the first day of July, one thousand nine hundred ninety-five, until the first day of July, one thousand nine hundred ninety-six. On or before the first day of November, one thousand nine hundred nine hundred ninety-five, the publisher or proprietor of each newspaper desiring to publish any legal advertisement during the ensuing one year time period commencing the first day of July, one thousand nine hundred ninety-six, shall file with the secretary of state an affidavit stating the average bona fide circulation of such newspaper during the preceding twelve month time period ending the thirtieth day of June immediately preceding the November in which the affidavit is filed, and sufficient facts shall be set forth in the affidavit to show whether such newspaper is a qualified newspaper. The average bona fide circulation stated in such affidavit by each qualified newspaper shall control the rate circulation classification for the ensuing twelve month period commencing the first day of July, one thousand nine hundred ninety-six. The publisher or proprietor of each newspaper desiring to publish any legal advertisement during the ensuing twelve month period commencing the first day of July, shall file an affidavit as aforesaid on or before the first day of November of each succeeding year, and such affidavit shall control the rate circulation classification of such newspaper, if it is a qualified newspaper, for the ensuing twelve month period commencing the first day of July. Any qualified newspaper for which the required affidavit is not filed on or before the first day of March of any calendar year after the year one thousand nine hundred ninety-six, shall be conclusively presumed to have for the ensuing twelve month period commencing the first day of July of such year, a bona fide circulation of less than one thousand. At the time a publisher or proprietor of a qualified newspaper files an affidavit with the secretary of state, as aforesaid, such publisher or proprietor shall notify the clerk of the county commission and the board of education of the county in which such qualified newspaper is published of the circulation classification of such qualified newspaper and of the applicable rate for publishing legal advertisements in such qualified newspaper during the ensuing twelve month period commencing the first day of July. If the qualified newspaper is published in a municipality, the publisher or proprietor shall at the same time also furnish the same notification to the clerk or recorder of such municipality.
(e) For those political advertisements appearing in a newspaper during the time period beginning thirty days prior to any primary or general election and ending the day following such election, the rate charged for such political advertising shall be the lesser of the applicable rates established in this section for legal advertising or the lowest rate charged by the newspaper for non-legal advertising.
(f) Nothing contained herein may prohibit qualified newspapers from charging less than the specified rates for any legal advertisement.