House Study Bill 72 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON WAGNER) A BILL FOR An Act setting a maximum fee for the publication of certain 1 legal notices in a newspaper. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2135YC (2) 84 aw/sc
H.F. _____ Section 1. Section 618.11, Code 2011, is amended to read as 1 follows: 2 618.11 Fees for publication. 3 The compensation , when not otherwise fixed, for the 4 publication in a newspaper of any notice, order, citation, 5 or other publication required or allowed by law shall be 6 at a rate of thirty-four cents not to exceed twenty-five 7 dollars for one each insertion and twenty-three cents for each 8 subsequent insertion for each line of eight point type two 9 inches in length, or its equivalent. Beginning June 1, 2001, 10 and each June 1 thereafter, the director of the department 11 of administrative services shall calculate a new rate for 12 the following fiscal year as prescribed in this section , and 13 shall publish this rate as a notice in the Iowa administrative 14 bulletin prior to the first day of the following calendar 15 month. The new rate shall be effective on the first day of the 16 calendar month following its publication. The rate shall be 17 calculated by applying the percentage change in the consumer 18 price index for all urban consumers for the last available 19 twelve-month period published in the federal register by the 20 federal department of labor, bureau of labor statistics, to the 21 existing rate as an increase or decrease in the rate rounded 22 to the nearest one-tenth of a cent. The calculation and 23 publication of the rate by the director of the department of 24 administrative services shall be exempt from the provisions of 25 chapters 17A and 25B . 26 Sec. 2. IMPLEMENTATION OF ACT. Section 25B.2, subsection 27 3, shall not apply to this Act. 28 EXPLANATION 29 This bill sets a maximum fee for the publication of certain 30 legal notices within a newspaper. 31 The bill sets a maximum fee of $25 for each insertion 32 for newspaper publication of any notice, citation, or other 33 publication required or allowed by law. 34 Current law requires that when the fee for certain 35 -1- LSB 2135YC (2) 84 aw/sc 1/ 2
H.F. _____ publications are not otherwise fixed, that the fee will be 1 set at 34 cents for each line of one insertion and 23 cents 2 for each line of each additional insertion. Current law also 3 requires that each June, beginning in 2001, the director of 4 the department of administrative services calculate a new rate 5 for the following fiscal year. Current law requires that the 6 director publish this new rate within the Iowa administrative 7 bulletin before the first day of the next calendar month, and 8 the new rate is effective the first day of the calendar month 9 following publication. Current law provides the method for 10 calculating this rate, and the process is exempt from the 11 requirements of chapters 17A and 25B of the Code. 12 The bill may include a state mandate as defined in Code 13 section 25B.3. The bill makes inapplicable Code section 25B.2, 14 subsection 3, which would relieve a political subdivision from 15 complying with a state mandate if funding for the cost of 16 the state mandate is not provided or specified. Therefore, 17 political subdivisions are required to comply with any state 18 mandate included in the bill. 19 -2- LSB 2135YC (2) 84 aw/sc 2/ 2