A bill for an act relating to proofs of publication of public notices.(See HF 877.)
Summary
HSB247 makes several changes to Iowa law governing proof of publication for public notices. It defines a “proof of publication” more specifically as a document that includes the published item, the date of publication, and the newspaper name, or a statement that the notice was posted on the statewide public notice internet site. The bill also allows a newspaper to charge a government body only its actual costs for preparing a proof of publication when the government requests extra elements, such as a notarized affidavit.
The bill further states that a proof of publication is an admissible writing or record under Iowa evidence law. In practical terms, it clarifies what documentation is sufficient to show that a notice was properly published and limits what newspapers may charge public entities for those records. It amends Iowa Code section 618.11, which already governs publication fees and proof-of-publication requirements.
Impact
HSB247 would amend Iowa Code section 618.11 by updating the statutory definition and treatment of proof of publication for public notices. It would affect newspapers, state and local government bodies, and any entity required to publish legal notices, while also reinforcing the role of the statewide public notice internet site. The bill would limit fees charged to government bodies for standard proof-of-publication documents and permit only actual-cost charges for additional requested elements, and it would make these records expressly admissible under the evidence code.
Sentiment
The available voting history suggests the bill was received favorably in committee, passing the House Committee on State Government unanimously 21-0. No committee transcript is provided, but the lack of recorded opposition and the unanimous vote indicate broad support or at least no visible controversy at the committee stage. The bill appears to be a technical or administrative measure rather than a major policy change.
Contention
The main potential point of contention is the fee restriction on newspapers: the bill prohibits charging government bodies for a basic proof of publication and caps charges for extra requested elements at actual cost. Newspapers or publishers could view this as limiting revenue or administrative flexibility, while government bodies would likely support the cost control. Another possible issue is the bill’s clarification of admissibility and the use of the statewide public notice internet site, though no explicit opposition is shown in the available materials.
A bill for an act relating to the publication of certain public notices by designated public entities, providing for fees, making appropriations, and including effective date provisions.
Allows public bodies to provide required notices to newspapers distributed online and establishes related publication requirements; establishes rates that newspapers and online news publications may charge for each notice posted online.
Allows public bodies to provide required notices to newspapers distributed online and establishes related publication requirements; establishes rates that newspapers and online news publications may charge for each notice posted online.