COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 407
(By Senators Wooton, Tomblin, Mr. President, and Plymale)
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[Originating in the Committee on the Judiciary;
reported February 284, 1995.]
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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; amount of rate increases
allowed for years one thousand nine hundred ninety-five
through one thousand nine hundred ninety-nine; 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) Two cents per word if the qualified newspaper has a bona
fide circulation of less than one thousand;
(2) Five cents per word if the qualified newspaper has a
bona fide circulation of one thousand to ten thousand;
(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
(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 years one thousand
nine hundred ninety-five, one thousand nine hundred ninety-six,
one thousand nine hundred ninety-seven, one thousand nine hundred
ninety-eight and one thousand nine hundred ninety-nine, the
allowable rate per word for the aforestated four classifications
of qualified newspapers shall increase one cent per word. It is
the intent of the Legislature to reconsider the issue of
publication rates for legal advertisement during the year two
thousand legislative session.
(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 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
circulation classification of such qualified newspaper for the
period from 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 ninety-five, 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 ninety-six. 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 ninety-six 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.
(e) Nothing contained herein may prohibit qualified
newspapers from charging less than the specified rates for any
legal advertisement.