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424.120 Qualifications of newspapers.
(1)
Except as provided in subsection (2) of this section, if an advertisement for a
publication area is required by law to be published in a newspaper, the
publication shall be made in a newspaper that meets the following
requirements:
(a) It shall be published in the publication area. A newspaper shall be
deemed to be published in the area if it maintains its principal office in the
area for the purpose of gathering news and soliciting advertisements and
other general business of newspaper publications, and has a periodicals
class mailing permit issued for that office. A newspaper published outside
of Kentucky shall not be eligible to carry advertisements for any county or
publication area within the county, other than for the city in which its main
office is located, if there is a newspaper published in the county that has a
substantial general circulation throughout the county and that otherwise
meets the requirements of this section; and
(b) It shall be of regular issue and have a bona fide circulation in the
publication area. A newspaper shall be deemed to be of regular issue if it
is published at least once a week, for at least fifty (50) weeks during the
calendar year as prescribed by its mailing permit, and has been so
published in the area for the immediately preceding two (2) year period. A
newspaper meeting all the criteria to be of regular issue, except
publication in the area for the immediately preceding two (2) year period,
shall be deemed to be of regular issue if it is the only paper in the
publication area and has a paid circulation equal to at least ten percent
(10%) of the population of the publication area. A newspaper shall be
deemed to be of bona fide circulation in the publication area if it is
circulated generally in the area, and maintains a definite price or
consideration not less than fifty percent (50%) of its published price, and
is paid for by not less than fifty percent (50%) of those to whom
distribution is made; and
(c) It shall bear a title or name, consist of not less than four (4) pages without
a cover, and be of a type to which the general public resorts for passing
events of a political, religious, commercial, and social nature, and for
current happenings, announcements, miscellaneous reading matter,
advertisements, and other notices. The news content shall be at least
twenty-five percent (25%) of the total column space in more than one-half
(1/2) of its issues during any twelve (12) month period.
(d) If, in a publication area there is more than one (1) newspaper which
meets the above requirements, the newspaper having the largest bona
fide paid circulation as shown by the average number of paid copies of
each issue as shown in its published statement of ownership as filed on
October 1 for the publication area shall be the newspaper where
advertisements required by law to be published shall be carried.
(e) For the purposes of KRS Chapter 424, publishing shall be considered as
the total recurring processes of producing the newspaper, embracing all
of the included contents of reading matter, illustrations, and advertising
enumerated in paragraphs (a) through (d) of this subsection. A
(2)
(3)
newspaper shall not be excluded from qualifying for the purposes of legal
publications as provided in this chapter if its printing or reproduction
processes take place outside the publication area.
(a) If, in the case of a publication area smaller than the county in which it is
located, there is no newspaper published in the area, the publication shall
be made in a newspaper published in the county that is qualified under
this section to publish advertisements for the county. If the qualified
newspaper publishes a zoned edition which is distributed to regular
subscribers within the publication area, any advertisement required by law
to be published in the publication area may be published in the zoned
edition distributed in that area.
(b) If, in any county there is no newspaper meeting the requirements of this
section for publishing advertisements for that county, any advertisements
required to be published for the county or for any publication area within
the county shall be published in a newspaper of the largest bona fide
circulation in that county published in and qualified to publish
advertisements for an adjoining county in Kentucky. This subsection is
intended to supersede any statute that provides or contemplates that
newspaper publication may be dispensed with if there is no newspaper
printed or published or of general circulation in the particular publication
area.
If a publication area consists of a district, other than a city, which extends into
more than one (1) county, the part of the district in each county shall be
considered to be a separate publication area for the purposes of this section,
and an advertisement for each separate publication area shall be published in
a newspaper qualified under this section to publish advertisements for the
area.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 8, sec. 3, effective July 12, 2006. -- Amended
1992 Ky. Acts ch. 9, sec. 2, effective July 14, 1992. -- Amended 1984 Ky. Acts
ch. 201, sec. 1, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 180,
sec. 1, effective July 15, 1982; and ch. 430, sec. 3, effective July 15, 1982. -Amended 1960 Ky. Acts ch. 168, sec. 1. -- Created 1958 Ky. Acts ch. 42, sec. 2.
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