Introduced Version
House Bill 2833 History
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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.