For publication of all legal notices or advertisements that a governmental entity is required by law or the order of any court of record in this state to publish in newspapers, the publishers shall be paid a reasonable rate, to be set by rule or regulation of the secretary of general services. Changes in economic conditions within the newspaper industry, the general economy and inflation shall be considered in determining a reasonable rate.

The clerk of any court in the state or any public trustee, county treasurer or other public officer required by law to publish legal notices or advertisements shall tax the cost of publishing notices or advertisements, as prescribed in this section, as part of the costs of the cause or proceeding and shall collect for publication before the cause or proceeding is closed and shall remit to the publisher the proper cost of the legal notices or advertisements.

History: Laws 1937, ch. 167, § 5; 1941 Comp., § 12-207; Laws 1947, ch. 188, § 1; 1953 Comp., § 10-2-7; Laws 1957, ch. 103, § 1; 1965, ch. 62, § 1; 1975, ch. 238, § 1; 1980, ch. 149, § 1; 1981, ch. 202, § 1; 1991, ch. 207, § 1; 1993, ch. 35, § 1.

The 1993 amendment, effective June 18, 1993, substituted the language beginning "paid a reasonable rate" at the end of the first paragraph for provisions specifying the rates allowed to be charged.

The 1991 amendment, effective June 14, 1991, amended the section to restrict its scope to legal advertisements and notices of governmental entities.

Generally. — A newspaper was permitted a maximum charge of 12 cents a column line for the first publication whether this was the only publication or merely the first in a series of publications, and, of course, a charge of 10 cents a line after the first publication, whether there be one or more such subsequent publications. 1958 Op. Att'y Gen. No. 58-04.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 58 Am. Jur. 2d Newspapers, Periodicals, and Press Associations § 60.

20 C.J.S. Costs § 94 et seq.; 66 C.J.S. Newspapers § 20.