Law Summary

SECTION 1: Amendment to Section 1946 of the Administrative Code

• Legal Principle/Provision: This section amends the conditions for a publication to qualify for second-class mailing rates.

• Key Definitions Introduced:

  • Second-Class Publication: Publications that meet specific criteria established in this section to be eligible for reduced mailing rates.

• Important Requirements:

  • Frequency and Format:
    • Must be issued at stated intervals, at least four times a year.
    • Must bear a date of issue and be numbered consecutively.
  • Office of Publication:
    • Must be issued from a known office of publication.
  • Physical Composition:
    • Must consist of printed paper sheets, devoid of substantial binding (e.g., board, cloth, leather).
  • Purpose and Content:
    • Must be originated and published for disseminating information of a public character, literature, sciences, arts, or industry, accompanied by a legitimate list of subscribers.
  • Distribution:
    • Must be sent by the publisher from the office of publication or printing office to actual subscribers or news agents.

• Exclusions:

  • Publications primarily for advertising, free circulation, or nominal rates do not qualify as second-class.
  • Periodical publications issued by the Commonwealth Government may qualify unless they contain commercial advertising.

• Supplemental Publications:

  • Publishers can include a supplement without extra postage if it is germane to the main publication and issued concurrently.
  • The supplement must carry the title, date, and consecutive numbering of the main publication.

SECTION 2: Effectivity

• Legal Principle/Provision: This section states that the act shall take effect upon its approval.

• Timeframes:

  • The act was approved on June 3, 1938, and took effect immediately upon this approval.

Key Takeaways

• Commonwealth Act No. 278 modifies the eligibility criteria for second-class mailing classification for publications, focusing on their frequency, format, purpose, and distribution.
• It emphasizes that the intent is to support legitimate public information dissemination while excluding publications aimed primarily at advertising or free distribution.
• The act underscores the importance of maintaining a legitimate subscriber list for publications seeking second-class status.
• The provisions regarding supplements clarify that they must be relevant and properly integrated with the main publication.