Idaho State Statutes - Idaho Attorney Directory

No legal
notice, advertisement or publication of any kind required or provided by the
laws of the state of Idaho, to be published in a newspaper, shall be published
or have any force or effect, as such, unless the same be published in a
newspaper of general interest published in the state of Idaho, and which
newspaper if published weekly, has been continuously and uninterruptedly
published in the county during a period of seventy-eight (78) consecutive
weeks prior to the first publication of the notice, or advertisement, and, if
published daily, has been so published as a daily newspaper in the county
during a period of twelve (12) consecutive months prior to the first
publication of the notice or advertisement; provided that, notwithstanding any
other provision of Idaho laws, the term "newspaper of (or having) general
circulation," wherever used in Idaho Code as a qualification of newspapers
required to be used for the publication of notice, shall mean a "newspaper,"
as defined in this section, that is published within the boundaries of the
governmental entity wherein the notice is required to be published and which
newspaper has the largest paid circulation among all newspapers published in
that governmental entity as verified by the sworn statement of average total
paid or requested circulation for the preceding twelve (12) months that was
filed on the annual statement of ownership, management and circulation with
the U.S. postal service on the date immediately preceding the date of the
required publication of notice; excepting that, where no newspaper is
published within the governmental entity required to publish a notice, the
term "newspaper of (or having) general circulation" shall mean the newspaper
with the largest paid circulation published within any county in which the
governmental entity is located, or the newspaper published nearest to the
boundaries of the governmental entity; provided, that nothing in this chapter
shall invalidate the publication of such notice or advertisement in any
newspaper which has simply changed its name, frequency of publication,
suspended publication because of an act of God, or public enemy, fire, strike,
or other labor dispute, explosion, flood, government prohibition, government
requisition of essential property, preferential government orders, breakdown,
legal acts of public authorities or other acts beyond the control of the
publisher for a period of not to exceed six (6) months, or changed the place
of publication from one part of the county to another part thereof, without
breaking the continuity of its regular issues for the required length of time:
and, provided further, that this chapter shall not apply to counties in which
no newspaper has been published for the required length of time: provided the
term "Newspaper" as used in this section shall apply only to such newspapers
of general interest made up of at least four (4) pages of at least five (5)
columns each, printed from type matter or from "slugs" cast upon the linotype
or intertype or similar "slug-casting" machine, or by the process known as
"offset," or stereotyped forms of at least seventeen and three-fourths
(17 3/4) inches depth; or, if smaller pages, then comprising an equivalent
amount of type matter, and which shall have at least two hundred (200) bona
fide subscribers living within the county in which the newspaper is published
at regular intervals and, in no case, less frequently than once a week;
provided that a newspaper produced by the process known as mimeographing or
similar methods shall not be deemed a legal newspaper for publications of any
kind. And provided further, that any duly qualified newspaper, as hereinbefore
defined, shall not forfeit its standing as such by reason of the fact that it
has suspended publication for all or any part of the period during which the
United States has been or shall be engaged in the prosecution of any war, or
for one (1) year following the date of the proclamation of the President of
the United States declaring that this nation is no longer at war, or the
termination of a state of war shall be otherwise established. And if any such
newspaper shall resume regular publication within one (1) year from the date
when the termination of the state of war shall be so established, it shall
then be as fully qualified to publish any legal notice, advertisement, or
publication required to be published by the laws of the state of Idaho, as if
such newspaper had not suspended regular publication during the above
mentioned period of time.
No newspaper shall qualify under this section unless the same shall hold a
valid second class mailing permit from the United States Post Office. Any
violations of the previous requirements of this section concerning printing of
newspapers other than in the governmental entity in which a notice or
advertisement is required to be printed are hereby excused and any
advertisement published in any such newspapers is hereby validated.

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