Ind. Code ch. 5-3-1

Ind. Code ch. 5-3-1
in effect

Ind. Code § 5-3-1-0.1 "Electronic edition"

Sec. 0.1. As used in this chapter, "electronic edition" means a new edition of a newspaper that is only published on a newspaper's website and not published in a print edition. As added by P.L.146-2024, SEC.1.

Ind. Code § 5-3-1-0.2 "Locality newspaper"

Sec. 0.2. As used in this chapter, "locality newspaper" means a publication that meets all the following requirements: (1) Is regularly issued at least one (1) time per week. (2) Contains in each issue news of general or community interest, community notices, or editorial commentary by different authors. (3) Has, in more than one-half (1/2) of its issues published during the previous twelve (12) month period, not more than seventy-five percent (75%) advertising content. (4) Has been published for at least twelve (12) consecutive months. (5) Has the capability to add subscribers to its distribution list and must add any person: (A) who requests to be added as a new subscriber; and (B) whose mailing address is within the political subdivision in which the locality newspaper generally circulates. (6) Is a publication of general circulation in the political subdivision that is responsible for the publication of notice. (7) Is circulated by United States mail, free of charge, to addresses that are located within the political subdivision responsible for the publication of notice. (8) Has its circulation verified by an annual independent audit of the publication. (9) Contains advertisements from numerous unrelated advertisers in each issue. (10) Is not owned by, or under the control of, the owners or lessees of a shopping center, a merchant's association, or a business that sells property or services (other than advertising) whose advertisements for their sales of property or services constitute the predominant advertising in the publication. (11) Has continuity as to title and general nature of content from issue to issue. (12) Does not constitute a book, either singly or when successive issues are combined. (13) Has a known office location in the county in which the locality newspaper is published. As added by P.L.147-2016, SEC.1. Amended by P.L.122-2024, SEC.1.

Ind. Code § 5-3-1-0.4 "Newspaper"

Sec. 0.4. As used in this chapter, "newspaper" refers to a newspaper: (1) that: (A) is a daily, weekly, semiweekly, or triweekly newspaper of general circulation; (B) has been published for at least twelve (12) consecutive months in the same city or town; (C) has been entered, authorized, and accepted by the United States Postal Service for at least twelve (12) consecutive months as mailable matter of the periodicals class; (D) has at least fifty percent (50%) of all copies circulated paid for by subscribers or other purchasers at a rate that is not nominal; and (E) has had an average circulation during the preceding year of at least five hundred (500), based on the average paid or requested circulation for the preceding twelve (12) months reported in the newspaper's United States Postal Service Statement of Ownership published by the newspaper in October of each year and the number of website page views as reported by a newspaper's website host provider; or (2) that: (A) is a daily, weekly, semiweekly, or triweekly newspaper of general circulation; (B) has been entered, authorized, and accepted by the United States Postal Service as mailable matter of the periodicals class; (C) has at least fifty percent (50%) of all copies circulated paid for by subscribers or other purchasers at a rate that is not nominal; and (D) meets the greater of the following conditions: (i) The newspaper's paid circulation during the preceding year is equal to at least fifty percent (50%) of the paid circulation for the largest newspaper with a periodicals class permit located in the county in which the newspaper is published, based on the average paid or requested circulation for the preceding twelve (12) months reported in the newspaper's United States Postal Service Statement of Ownership published by the newspaper in October of each year or based on the newspaper's initial application for a permit from the United States Postal Service. (ii) The newspaper has an average daily paid circulation of one thousand five hundred (1,500) based on the average paid or requested circulation for the preceding twelve (12) months reported in the newspaper's United States Postal Service Statement of Ownership published by the newspaper in October of each year or based on the newspaper's initial application for a permit from the United States Postal Service. As added by P.L.64-1995, SEC.1. Amended by P.L.38-1997, SEC.1; P.L.169-2006, SEC.1; P.L.122-2015, SEC.1; P.L.122-2024, SEC.2.

Ind. Code § 5-3-1-0.6 Place of publication

Sec. 0.6. (a) For purposes of this chapter, a newspaper or qualified publication is published at the place where the newspaper or qualified publication has its original entry for mail privileges authorized by the United States Postal Service. (b) For purposes of this chapter, a newspaper or qualified publication is considered published at only one (1) place. The place of publication does not include places at which additional entry offices have been established with the authorization of the United States Postal Service. As added by P.L.64-1995, SEC.2. Amended by P.L.38-1997, SEC.2.

Ind. Code § 5-3-1-0.7 "Qualified publication"

Sec. 0.7. (a) As used in this chapter, "qualified publication" means a publication that: (1) is published daily, weekly, semiweekly, or triweekly; (2) is of general circulation to the public; (3) has been published for at least twelve (12) consecutive months in the same city or town; (4) has continuity as to title and general nature of content from issue to issue; (5) contains news of general or community interest, community notices, or editorial commentary; (6) contains advertisements from unrelated advertisers in each issue; (7) has, in more than one-half (1/2) of its issues published during the previous twelve (12) month period, not more than seventy-five percent (75%) advertising content; (8) has a known office location in the county in which it is published; and (9) has been entered, authorized, and accepted by the United States Postal Service as mailable matter of standard mail (A) class for the time published. (b) A publication is not a qualified publication if any of the following apply: (1) The publication is owned by, or under the control of, the owners or lessees of a shopping center or a merchant's association. (2) The publication is owned by, or under the control of, a business that sells property or services (other than advertising) and the predominant advertising in the publication is advertising for the business's sales of property or services. (3) The publication is a mail order catalog or other catalog, advertising flier, travel brochure, house organ, theater program, telephone directory, restaurant guide, shopping center advertising sheet, or other similar publication. (4) The publication is primarily devoted to matters of specialized interest such as a labor, fraternal, society, political, religious, sporting, or trade news publication or journal. (5) The publication is a magazine, racing form, or tip sheet. As added by P.L.64-1995, SEC.3. Amended by P.L.38-1997, SEC.3; P.L.122-2024, SEC.3.

Ind. Code § 5-3-1-0.9 Application of amendments to publication of certain notices

Sec. 0.9. (a) This section applies to the publication of notice of an event that meets both of the following requirements: (1) Notice of the event is required by statute to be published two (2) or more times. (2) Notice is published: (A) at least one (1) time before July 1, 2024; and (B) at least one (1) time after June 30, 2024. (b) Sections 0.2, 0.4, and 0.7 of this chapter (as in effect on June 30, 2024) continue to apply to any notices of the event that are published after June 30, 2024, as if SEA 252-2024 had not been enacted. (c) This section expires July 1, 2027. As added by P.L.122-2024, SEC.4.

Ind. Code § 5-3-1-1 Cost of advertising; form of legal advertisements; determination of circulation; towing service acting as agent of governmental agency

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1. (a) The cost of all public notice advertising which any elected or appointed public official or governmental agency is required by law to have published, or orders published, for which the compensation to the newspapers, locality newspapers, or qualified publications publishing such advertising is drawn from and is the ultimate obligation of the public treasury of the governmental unit concerned with the advertising shall be charged to and collected from the proper fund of the public treasury and paid over to the newspapers, locality newspapers, or qualified publications publishing such advertising, after proof of publication and claim for payment has been filed. (b) The basic charges for publishing public notice advertising shall be by the line and shall be computed based on a square of two hundred and fifty (250) ems at the following rates: (1) Before January 1, 1996, three dollars and thirty cents ($3.30) per square for the first insertion in newspapers or qualified publications plus one dollar and sixty-five cents ($1.65) per square for each additional insertion in newspapers, or qualified publications. (2) After December 31, 1995, and before December 31, 2005, a newspaper or qualified publication may, effective January 1 of any year, increase the basic charges by five percent (5%) more than the basic charges that were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a newspaper, or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by the newspaper, or qualified publication for comparable use of the same amount of space for other purposes. (3) After December 31, 2009, and before January 1, 2017, a newspaper or qualified publication may, effective January 1 of any year, increase the basic charges by not more than two and three-quarters percent (2.75%) more than the basic charges that were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a newspaper or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by the newspaper or qualified publication for comparable use of the same amount of space for other purposes and must include all multiple insertion discounts extended to the newspaper's other advertisers. (4) After December 31, 2016, a newspaper, locality newspaper, or qualified publication may, effective January 1 of any year, increase the basic charges by not more than two and three-quarters percent (2.75%) more than the basic charges that were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a newspaper, locality newspaper, or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by the newspaper, locality newspaper, or qualified publication for comparable use of the same amount of space for other purposes and must include all multiple insertion discounts extended to the newspaper's, locality newspaper's, or qualified publication's other advertisers. An additional charge of fifty percent (50%) shall be allowed for the publication of all public notice advertising containing rule or tabular work. (c) All public notice advertisements shall be set in solid type that is at least 7 point type, without any leads or other devices for increasing space. All public notice advertisements shall be headed by not more than two (2) lines, neither of which shall total more than four (4) solid lines of the type in which the body of the advertisement is set. Public notice advertisements may be submitted by an appointed or elected official or a governmental agency to a newspaper, locality newspaper, or qualified publication in electronic form, if the newspaper, locality newspaper, or qualified publication is equipped to accept information in compatible electronic form. (d) Each newspaper, locality newspaper, or qualified publication publishing public notice advertising shall submit proof of publication and claim for payment in duplicate on each public notice advertisement published. For each additional proof of publication required by a public official, a charge of one dollar ($1) per copy shall be allowed each newspaper, locality newspaper, or qualified publication furnishing proof of publication. (e) The circulation of a newspaper, locality newspaper, or qualified publication is determined as follows: (1) For a newspaper, by the circulation stated on line 10.C. (Total Paid and/or Requested Circulation of Single Issue Published Nearest to Filing Date) of the Statement of Ownership, Management and Circulation required by 39 U.S.C. 3685 that was filed during the previous year. (2) For a locality newspaper, by a verified affidavit filed with each agency, department, or office of the political subdivision that has public notices the locality newspaper wants to publish. The affidavit must: (A) be filed with the agency, department, or office of the political subdivision before January 1 of each year; and (B) attest to the circulation of the locality newspaper for the issue published nearest to October 1 of the previous year, as determined by an independent audit of the locality newspaper performed for the previous year. (3) For a qualified publication, by a verified affidavit filed with each governmental agency that has public notices the qualified publication wants to publish. The affidavit must: (A) be filed with the governmental agency before January 1 of each year; and (B) attest to the circulation of the qualified publication for the issue published nearest to October 1 of the previous year. (f) This subsection applies to a towing service acting as an agent of a governmental agency to facilitate the removal of abandoned vehicles or parts. A towing service shall be charged the basic rates charged for all public notice advertising in subsection (b)(4) for providing the notice required under IC 9-22-1-23. Formerly: Acts 1927, c.96, s.1; Acts 1957, c.16, s.1; Acts 1967, c.89, s.1. As amended by Acts 1979, P.L.33, SEC.1; P.L.52-1987, SEC.1; P.L.64-1995, SEC.4; P.L.141-2009, SEC.1; P.L.147-2016, SEC.2; P.L.84-2023, SEC.1.

Ind. Code § 5-3-1-1 Cost of advertising; form of legal advertisements; determination of circulation; towing service acting as agent of governmental agency

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 1. (a) The cost of all public notice advertising which any elected or appointed public official or governmental agency is required by law to have published, or orders published, for which the compensation to the newspapers, locality newspapers, or qualified publications publishing such advertising is drawn from and is the ultimate obligation of the public treasury of the governmental unit concerned with the advertising shall be charged to and collected from the proper fund of the public treasury and paid over to the newspapers, locality newspapers, or qualified publications publishing such advertising, after proof of publication and claim for payment has been filed. (b) The basic charges for publishing public notice advertising shall be by the line and shall be computed based on a square of two hundred and fifty (250) ems at the following rates: (1) Before January 1, 1996, three dollars and thirty cents ($3.30) per square for the first insertion in newspapers or qualified publications plus one dollar and sixty-five cents ($1.65) per square for each additional insertion in newspapers, or qualified publications. (2) After December 31, 1995, and before December 31, 2005, a newspaper or qualified publication may, effective January 1 of any year, increase the basic charges by five percent (5%) more than the basic charges that were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a newspaper, or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by the newspaper, or qualified publication for comparable use of the same amount of space for other purposes. (3) After December 31, 2009, and before January 1, 2017, a newspaper or qualified publication may, effective January 1 of any year, increase the basic charges by not more than two and three-quarters percent (2.75%) more than the basic charges that were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a newspaper or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by the newspaper or qualified publication for comparable use of the same amount of space for other purposes and must include all multiple insertion discounts extended to the newspaper's other advertisers. (4) After December 31, 2016, a newspaper, locality newspaper, or qualified publication may, effective January 1 of any year, increase the basic charges by not more than two and three-quarters percent (2.75%) more than the basic charges that were in effect during the previous year. However, the basic charges for the first insertion of a public notice in a newspaper, locality newspaper, or qualified publication may not exceed the lowest classified advertising rate charged to advertisers by the newspaper, locality newspaper, or qualified publication for comparable use of the same amount of space for other purposes and must include all multiple insertion discounts extended to the newspaper's, locality newspaper's, or qualified publication's other advertisers. An additional charge of fifty percent (50%) shall be allowed for the publication of all public notice advertising containing rule or tabular work. (c) All public notice advertisements shall be set in solid type that is at least 7 point type, without any leads or other devices for increasing space. All public notice advertisements shall be headed by not more than two (2) lines, neither of which shall total more than four (4) solid lines of the type in which the body of the advertisement is set. Public notice advertisements may be submitted by an appointed or elected official or a governmental agency to a newspaper, locality newspaper, or qualified publication in electronic form, if the newspaper, locality newspaper, or qualified publication is equipped to accept information in compatible electronic form. (d) Each newspaper, locality newspaper, or qualified publication publishing public notice advertising shall submit proof of publication and claim for payment in duplicate on each public notice advertisement published. For each additional proof of publication required by a public official, a charge of one dollar ($1) per copy shall be allowed each newspaper, locality newspaper, or qualified publication furnishing proof of publication. (e) The circulation of a newspaper, locality newspaper, or qualified publication is determined as follows: (1) For a newspaper, by the circulation stated on line 10.C. (Total Paid and/or Requested Circulation of Single Issue Published Nearest to Filing Date) of the Statement of Ownership, Management and Circulation required by 39 U.S.C. 3685 that was filed during the previous year. (2) For a locality newspaper, by a verified affidavit filed with each agency, department, or office of the political subdivision that has public notices the locality newspaper wants to publish. The affidavit must: (A) be filed with the agency, department, or office of the political subdivision before January 1 of each year; and (B) attest to the circulation of the locality newspaper for the issue published nearest to October 1 of the previous year, as determined by an independent audit of the locality newspaper performed for the previous year. (3) For a qualified publication, by a verified affidavit filed with each governmental agency that has public notices the qualified publication wants to publish. The affidavit must: (A) be filed with the governmental agency before January 1 of each year; and (B) attest to the circulation of the qualified publication for the issue published nearest to October 1 of the previous year. (f) This subsection applies to a towing service acting as an agent of a governmental agency to facilitate the removal of abandoned vehicles or parts. A towing service shall be charged the basic rates charged for all public notice advertising in subsection (b)(4) for providing the notice required under IC 9-22-1-23. (g) The basic charge for publication of a notice in an electronic edition of a newspaper or locality newspaper shall be the same as the basic charge for publication of the notice in the print edition. Formerly: Acts 1927, c.96, s.1; Acts 1957, c.16, s.1; Acts 1967, c.89, s.1. As amended by Acts 1979, P.L.33, SEC.1; P.L.52-1987, SEC.1; P.L.64-1995, SEC.4; P.L.141-2009, SEC.1; P.L.147-2016, SEC.2; P.L.84-2023, SEC.1; P.L.157-2026, SEC.21.

Ind. Code § 5-3-1-1.5 Posting notice on website

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 1.5. (a) This section applies to a notice that must be published in accordance with this chapter. (b) If a newspaper or locality newspaper maintains a website, a notice that is published in the newspaper or locality newspaper must also be posted on the website of the newspaper or locality newspaper. The notice must appear on the website on the same day the notice appears in the newspaper or locality newspaper. (c) The state board of accounts shall develop a standard form for notices posted on a newspaper's or locality newspaper's website. (d) A newspaper or locality newspaper may not charge a fee for posting a notice on the newspaper's or locality newspaper's website under this section. As added by P.L.141-2009, SEC.2. Amended by P.L.147-2016, SEC.3; P.L.146-2024, SEC.2.

Ind. Code § 5-3-1-1.5 Publication of notice in print edition, electronic edition, or on website

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 1.5. (a) This section applies to a notice that must be published in accordance with this chapter. (b) As used in this section, "political subdivision" has the meaning set forth in IC 5-3-5-3. (c) This subsection applies notwithstanding any express statutory requirement of publishing notice in a specific form of media. Whenever officers of a political subdivision are required to publish a notice affecting the political subdivision, a person shall publish the notice in any one (1) or combination of the following forms of media: (1) Publication in any of the following forms of a newspaper: (A) A print edition newspaper that is published in or circulates within the political subdivision specified in the statute. (B) An electronic edition published by the newspaper described in clause (A). (2) Publication in any of the following forms of a locality newspaper: (A) A print edition locality newspaper that circulates within the political subdivision specified in the statute. (B) An electronic edition published by the locality newspaper described in clause (A). (3) Publication on a political subdivision website under IC 5-3-5. (d) This section does not exempt a person from complying with any other statutory requirement, including deadlines for publication of notice and frequency of publication. (e) A newspaper or locality newspaper may not: (1) charge a person a fee for viewing or searching the newspaper's or locality newspaper's electronic edition for public notices; or (2) require a person to register on the newspaper's or locality newspaper's website in order to view or search for public notices in the electronic edition. (f) The basic charge for publication of a notice in an electronic edition of a newspaper or locality newspaper shall be the same as the basic charge for publication of the notice in the print edition in accordance with section 1 of this chapter. As added by P.L.141-2009, SEC.2. Amended by P.L.147-2016, SEC.3; P.L.146-2024, SEC.2; P.L.157-2026, SEC.22.

Ind. Code § 5-3-1-1.6 Publication in newspapers or locality newspapers with limited print edition

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 1.6. (a) This section applies to a notice published by a political subdivision in a newspaper or locality newspaper under section 4 of this chapter. (b) This subsection applies if a newspaper or locality newspaper publishes: (1) a print edition not more than three (3) times a week; and (2) an electronic edition. A notice may be published in either the print edition or the electronic edition. (c) This subsection applies if a newspaper or locality newspaper: (1) publishes a print edition not more than two (2) times a week; and (2) does not publish an electronic edition. A notice may be published in either the print edition or on the website of the newspaper or locality newspaper. If the newspaper or locality newspaper does not maintain a website, a notice may be published in either the print edition or on the political subdivision's official website (as defined in IC 5-3-5-2) in accordance with IC 5-3-5. (d) A newspaper or locality newspaper may not: (1) charge a person a fee for viewing or searching the website or electronic edition for public notices; or (2) require a person to register on the newspaper's or locality newspaper's website in order to view or search for public notices on the website. (e) The basic charge for publication of a notice in an electronic edition shall be the same as the basic charge for publication of the notice in the print edition in accordance with section 1 of this chapter. As added by P.L.146-2024, SEC.3. Amended by P.L.1-2025, SEC.40.

Ind. Code § 5-3-1-1.6 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. As added by P.L.146-2024, SEC.3. Amended by P.L.1-2025, SEC.40. Repealed by P.L.157-2026, SEC.23.

Ind. Code § 5-3-1-2 Public hearings or meetings, elections, and other events; requirements for publication of notice; posting instead of publication; failure or refusal to publish

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. (a) This section applies only when notice of an event is required to be given by publication in accordance with this chapter. (b) If the event is a public hearing or meeting concerning any matter not specifically mentioned in subsection (c), (d), (e), (f), (g), (h), or (i), notice shall be published one (1) time, at least ten (10) days before the date of the hearing or meeting. (c) If the event is an election, notice shall be published one (1) time, not later than twenty-one (21) days before election day. (d) If the event is a sale of bonds, notes, or warrants, notice shall be published two (2) times, at least one (1) week apart, with: (1) the first publication made at least fifteen (15) days before the date of the sale; and (2) the second publication made at least three (3) days before the date of the sale. (e) If the event is the receiving of bids, notice shall be published two (2) times, at least one (1) week apart, with the second publication made at least seven (7) days before the date the bids will be received. (f) If the event is the establishment of a cumulative or sinking fund, notice of the proposal and of the public hearing that is required to be held by the political subdivision shall be published two (2) times, at least one (1) week apart, with the second publication made at least three (3) days before the date of the hearing. (g) If the event is the submission of a proposal adopted by a political subdivision for a cumulative or sinking fund for the approval of the department of local government finance, the notice of the submission shall be published one (1) time. The political subdivision shall publish the notice when directed to do so by the department of local government finance. (h) If the event is the required publication of an ordinance, notice of the passage of the ordinance shall be published one (1) time within thirty (30) days after the passage of the ordinance. (i) If the event is one about which notice is required to be published after the event, notice shall be published one (1) time within thirty (30) days after the date of the event. (j) If the event is one about which notice is required under IC 36-1-11-5(e), IC 36-7-14-22.6, or IC 36-7-15.1-15.6, notice shall be published: (1) one (1) time not more than ten (10) days after the date on which the determination was made; and (2) not less than ten (10) days before the date offers will be received. The notice under this subsection may be published solely on the political subdivision's official website (as defined in IC 5-3-5-2) in accordance with IC 5-3-5. (k) If any officer charged with the duty of publishing any notice required by law is unable to procure publication of notice: (1) at the price fixed by law; (2) because all newspapers or locality newspapers that are qualified to publish the notice refuse to publish the notice; or (3) because the newspapers or locality newspapers referred to in subdivision (2) refuse to post the notice on the newspapers' or locality newspapers' websites (if required under section 1.5 of this chapter); it is sufficient for the officer to post printed notices in three (3) prominent places in the political subdivision, instead of publication of the notice in newspapers or locality newspapers and on a website (if required under section 1.5 of this chapter). (l) This subsection applies if an officer described in subsection (k) or the officer's designee submits a notice to a newspaper or locality newspaper in a timely manner and the newspaper or locality newspaper does not refuse to publish the notice but subsequently fails to publish the notice. If, within the same period required for publishing notice under this section, the officer or officer's designee posts: (1) printed notices in three (3) prominent places in the political subdivision; or (2) notice on the political subdivision's website in a location where the notice is easily accessible and identifiable; the notice is sufficient, and publication of the notice in newspapers or locality newspapers and on the newspapers' websites (if required under section 1.5 of this chapter) is not required. (m) A political subdivision that is required under this chapter to publish notice in a newspaper two (2) or more times may make: (1) the first publication of notice in a newspaper as required under section 4 of this chapter or the applicable statute; and (2) all subsequent publications of notice: (A) in accordance with IC 5-3-5; and (B) on the official website of the political subdivision. If a political subdivision is required to publish a notice two (2) or more times in at least two (2) newspapers contemporaneously, the first publication of the notice includes the first publication of the notice in both newspapers. Formerly: Acts 1927, c.96, s.2. As amended by Acts 1981, P.L.45, SEC.1; P.L.23-1984, SEC.6; P.L.36-1986, SEC.1; P.L.53-1987, SEC.1; P.L.54-1987, SEC.1; P.L.10-1989, SEC.19; P.L.1-1990, SEC.49; P.L.64-1995, SEC.5; P.L.153-1999, SEC.1; P.L.90-2002, SEC.14; P.L.141-2009, SEC.3; P.L.183-2014, SEC.1; P.L.122-2015, SEC.2; P.L.147-2016, SEC.4; P.L.21-2017, SEC.1; P.L.109-2021, SEC.73; P.L.137-2021, SEC.21; P.L.152-2021, SEC.1; P.L.146-2024, SEC.4.

Ind. Code § 5-3-1-2 Public hearings or meetings, elections, and other events; requirements for publication of notice; posting instead of publication; failure or refusal to publish

Note: This version of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Sec. 2. (a) This section applies only when notice of an event is required to be given by publication in accordance with this chapter. (b) If the event is a public hearing or meeting concerning any matter not specifically mentioned in subsection (c), (d), (e), (f), (g), (h), or (i), notice shall be published one (1) time, at least ten (10) days before the date of the hearing or meeting. (c) If the event is an election, notice shall be published one (1) time, not later than twenty-one (21) days before election day. (d) If the event is a sale of bonds, notes, or warrants, notice shall be published two (2) times, at least one (1) week apart, with: (1) the first publication made at least fifteen (15) days before the date of the sale; and (2) the second publication made at least three (3) days before the date of the sale. (e) If the event is the receiving of bids, notice shall be published two (2) times, at least one (1) week apart, with the second publication made at least seven (7) days before the date the bids will be received. (f) If the event is the establishment of a cumulative or sinking fund, notice of the proposal and of the public hearing that is required to be held by the political subdivision shall be published two (2) times, at least one (1) week apart, with the second publication made at least three (3) days before the date of the hearing. (g) If the event is the submission of a proposal adopted by a political subdivision for a cumulative or sinking fund for the approval of the department of local government finance, the notice of the submission shall be published one (1) time. The political subdivision shall publish the notice when directed to do so by the department of local government finance. (h) If the event is the required publication of an ordinance, notice of the passage of the ordinance shall be published one (1) time within thirty (30) days after the passage of the ordinance. (i) If the event is one about which notice is required to be published after the event, notice shall be published one (1) time within thirty (30) days after the date of the event. (j) If the event is one about which notice is required under IC 36-1-11-5(e), IC 36-7-14-22.6, or IC 36-7-15.1-15.6, notice shall be published: (1) one (1) time not more than ten (10) days after the date on which the determination was made; and (2) not less than ten (10) days before the date offers will be received. The notice under this subsection may be published solely on the political subdivision's official website (as defined in IC 5-3-5-2) in accordance with IC 5-3-5. (k) If any officer charged with the duty of publishing any notice required by law is unable to procure publication of notice: (1) at the price fixed by law; (2) because all newspapers or locality newspapers that are qualified to publish the notice refuse to publish the notice; or (3) because the newspapers or locality newspapers referred to in subdivision (2) refuse to post the notice on the newspapers' or locality newspapers' websites (if required under section 1.5 of this chapter); it is sufficient for the officer to post printed notices in three (3) prominent places in the political subdivision, instead of publication of the notice in newspapers or locality newspapers and on a website (if required under section 1.5 of this chapter). (l) This subsection applies if an officer described in subsection (k) or the officer's designee submits a notice to a newspaper or locality newspaper in a timely manner and the newspaper or locality newspaper does not refuse to publish the notice but subsequently fails to publish the notice. If, within the same period required for publishing notice under this section, the officer or officer's designee posts: (1) printed notices in three (3) prominent places in the political subdivision; or (2) notice on the political subdivision's website in a location where the notice is easily accessible and identifiable; the notice is sufficient, and publication of the notice in newspapers or locality newspapers and on the newspapers' websites (if required under section 1.5 of this chapter) is not required. (m) A political subdivision that is required under this chapter to publish notice in a newspaper two (2) or more times may make: (1) the first publication of notice in a newspaper as required under section 1.5 of this chapter or the applicable statute; and (2) all subsequent publications of notice: (A) in accordance with IC 5-3-5; and (B) on the official website of the political subdivision. If a political subdivision is required to publish a notice two (2) or more times in at least two (2) newspapers contemporaneously, the first publication of the notice includes the first publication of the notice in both newspapers. Formerly: Acts 1927, c.96, s.2. As amended by Acts 1981, P.L.45, SEC.1; P.L.23-1984, SEC.6; P.L.36-1986, SEC.1; P.L.53-1987, SEC.1; P.L.54-1987, SEC.1; P.L.10-1989, SEC.19; P.L.1-1990, SEC.49; P.L.64-1995, SEC.5; P.L.153-1999, SEC.1; P.L.90-2002, SEC.14; P.L.141-2009, SEC.3; P.L.183-2014, SEC.1; P.L.122-2015, SEC.2; P.L.147-2016, SEC.4; P.L.21-2017, SEC.1; P.L.109-2021, SEC.73; P.L.137-2021, SEC.21; P.L.152-2021, SEC.1; P.L.146-2024, SEC.4; P.L.157-2026, SEC.24.

Ind. Code § 5-3-1-2.3 Validity of notice containing errors or omissions

Sec. 2.3. (a) A notice published in accordance with this chapter or any other Indiana statute is valid even though the notice contains errors or omissions, as long as: (1) a reasonable person would not be misled by the error or omission; and (2) the notice is in substantial compliance with the time and publication requirements applicable under this chapter or any other Indiana statute under which the notice is published. (b) This subsection applies if: (1) a political subdivision publishes or submits to the department of local government finance's computer gateway a notice concerning a tax rate, tax levy, or budget; (2) the notice described in subdivision (1) contains an error or omission that causes the notice to inaccurately reflect the tax rate, tax levy, or budget actually proposed or fixed by the political subdivision; and (3) the difference between the amount of the published or submitted tax rate, tax levy, or budget of the political subdivision and the tax rate, tax levy, or budget actually proposed or fixed by the political subdivision is less than one-tenth of one percent (0.1%). Notwithstanding any other law, a notice described in this subsection is a valid notice and the department of local government finance shall correct the error or omission. As added by P.L.1-1990, SEC.50. Amended by P.L.169-2006, SEC.2; P.L.183-2014, SEC.2; P.L.149-2016, SEC.17; P.L.257-2019, SEC.3.

Ind. Code § 5-3-1-3 Cities and towns; publication of annual report

Sec. 3. (a) Within sixty (60) days after the expiration of each calendar year, the fiscal officer of each civil city and town in Indiana shall publish an annual report of the receipts and expenditures of the city or town during the preceding calendar year. (b) The annual reports required by this section and IC 36-2-2-19 and the abstract required by IC 36-6-4-13 shall each be published one (1) time only, in accordance with this chapter. Formerly: Acts 1927, c.96, s.3; Acts 1929, c.200, s.1; Acts 1959, c.262, s.1. As amended by Acts 1981, P.L.45, SEC.2; P.L.36-1986, SEC.2; P.L.342-1989(ss), SEC.1; P.L.1-1991, SEC.30; P.L.19-1992, SEC.2; P.L.38-1993, SEC.2; P.L.1-1994, SEC.17; P.L.24-1994, SEC.1; P.L.340-1995, SEC.40; P.L.34-1996, SEC.1; P.L.98-2000, SEC.1; P.L.102-2001, SEC.1; P.L.1-2005, SEC.73; P.L.184-2015, SEC.4; P.L.244-2017, SEC.3; P.L.238-2019, SEC.4; P.L.92-2020, SEC.3; P.L.250-2023, SEC.2.

Ind. Code § 5-3-1-3.5 Publication of annual report of certain political subdivisions

Sec. 3.5. (a) This section applies to each political subdivision that has: (1) an annual budget of at least three hundred thousand dollars ($300,000); and (2) the power to levy taxes. (b) This section does not apply to a political subdivision that is required to publish an annual report under any other statute. (c) As used in this section, "political subdivision" has the meaning set forth in IC 36-1-2-13. (d) Not later than sixty (60) days after the expiration of each calendar year, a political subdivision shall publish an annual report of the receipts and expenditures of the political subdivision during the preceding calendar year. (e) The annual reports required by this section shall be published only one (1) time per year. As added by P.L.141-2009, SEC.4.

Ind. Code § 5-3-1-4 Notices by political subdivisions and school corporations; requirements; notice in multiple counties; supplementary notices

Note: This version of section effective until 7-1-2027. See also following repeal of this section, effective 7-1-2027. Sec. 4. (a) Whenever officers of a political subdivision are required to publish a notice affecting the political subdivision, they shall publish the notice in two (2) newspapers published in the political subdivision. (b) This subsection applies to notices published by county officers. If there is only one (1) newspaper published in the county, then publication in that newspaper alone is sufficient. (c) This subsection applies to notices published by city, town, or school corporation officers. If there is only one (1) newspaper published in the municipality or school corporation, then publication in that newspaper alone is sufficient. If no newspaper is published in the municipality or school corporation, then publication of the notice shall be made in one (1) of the following: (1) A locality newspaper that circulates within the municipality or school corporation. (2) A newspaper published in the county in which the municipality or school corporation is located and that circulates within the municipality or school corporation. (d) This subsection applies to notices published by officers of political subdivisions not covered by subsection (a) or (b). If there is only one (1) newspaper published in the political subdivision, then the notice shall be published in that newspaper. If no newspaper is published in the political subdivision, then publication of the notice shall be made in one (1) of the following: (1) A locality newspaper that circulates within the municipality or school corporation. (2) A newspaper published in the county and that circulates within the political subdivision. (e) This subsection applies to a political subdivision, including a city, town, or school corporation. Notwithstanding any other law, if a political subdivision has territory in more than one (1) county, public notices that are required by law or ordered to be published must be given as follows: (1) By publication in two (2) newspapers published within the boundaries of the political subdivision. (2) If only one (1) newspaper is published within the boundaries of the political subdivision, by publication of the notice in that newspaper and in one (1) of the following: (A) A locality newspaper that circulates within the political subdivision. (B) In another newspaper: (i) published in any county in which the political subdivision extends; and (ii) that has a general circulation in the political subdivision. (3) If no newspaper is published within the boundaries of the political subdivision, by publishing the notice in two (2) publications, consisting of either or both of the following: (A) A locality newspaper that circulates within the political subdivision. (B) A newspaper that: (i) is published in any counties into which the political subdivision extends; and (ii) has a general circulation in the political subdivision. (4) If only one (1) newspaper is published in any of the counties into which the political subdivision extends, by publication of the notice in one (1) of the following: (A) A locality newspaper that circulates within the political subdivision. (B) The newspaper published in the county if the newspaper circulates within the political subdivision. (f) A political subdivision may, in its discretion, publish public notices in a qualified publication or additional newspapers or locality newspapers to provide supplementary notification to the public. The cost of publishing supplementary notification is a proper expenditure of the political subdivision. Formerly: Acts 1927, c.96, s.4. As amended by Acts 1981, P.L.45, SEC.3; Acts 1981, P.L.46, SEC.1; Acts 1982, P.L.33, SEC.1; P.L.48-1983, SEC.1; P.L.5-1988, SEC.30; P.L.1-1990, SEC.51; P.L.35-1990, SEC.5; P.L.64-1995, SEC.6; P.L.38-1997, SEC.4; P.L.98-2000, SEC.2; P.L.141-2009, SEC.5; P.L.147-2016, SEC.5.

Ind. Code § 5-3-1-4 Repealed

Note: This repeal of section effective 7-1-2027. See also preceding version of this section, effective until 7-1-2027. Formerly: Acts 1927, c.96, s.4. As amended by Acts 1981, P.L.45, SEC.3; Acts 1981, P.L.46, SEC.1; Acts 1982, P.L.33, SEC.1; P.L.48-1983, SEC.1; P.L.5-1988, SEC.30; P.L.1-1990, SEC.51; P.L.35-1990, SEC.5; P.L.64-1995, SEC.6; P.L.38-1997, SEC.4; P.L.98-2000, SEC.2; P.L.141-2009, SEC.5; P.L.147-2016, SEC.5. Repealed by P.L.157-2026, SEC.25.

Ind. Code § 5-3-1-5 Repealed

Formerly: Acts 1927, c.96, s.5. Repealed by Acts 1981, P.L.45, SEC.105.

Ind. Code § 5-3-1-6 Notices published in newspapers or by state; electronic access

Sec. 6. (a) In all cases where notices are required by law to be published in the public newspaper by or under the supervision of any state officer, board, commission, or institution of the state of Indiana, said notices are hereby required to be published in each of two (2) daily newspapers published in the city of Indianapolis and in such other cities as is required by law, said notices to be in all cases published in two (2) newspapers in each city where they are required to be published. In all cases where the officer, board, commission, or institution making said publication is located outside of the city of Indianapolis, said notices shall also be published in newspapers published within the county where said officer, board, commission, or institution maintains its office. The rate charged for all such notices and advertising shall be the same as is set out in section 1 of this chapter. (b) In addition to the requirements of subsection (a), a state officer, board, commission, or institution of the state of Indiana that is required by law to publish a notice of a public meeting shall also provide electronic access to the notice through the computer gateway administered by the office of technology established by IC 4-13.1-2-1. Formerly: Acts 1927, c.96, s.6. As amended by P.L.25-1986, SEC.12; P.L.251-1999, SEC.3; P.L.177-2005, SEC.13.

Ind. Code § 5-3-1-7 Repealed

Formerly: Acts 1927, c.96, s.7; Acts 1949, c.123, s.1. Repealed by Acts 1981, P.L.45, SEC.105.

Ind. Code § 5-3-1-8 Utility regulatory commission hearings; notice

Sec. 8. Whenever the utility regulatory commission orders a hearing in any city, town, county, or township of the state, notice of the hearing shall be published in accordance with IC 8-1-1-8. Formerly: Acts 1927, c.96, s.8. As amended by P.L.23-1988, SEC.6; P.L.9-2025, SEC.2.

Ind. Code § 5-3-1-9 Violations; offense

Sec. 9. A person who fails to comply with this article commits a Class C infraction. Formerly: Acts 1927, c.96, s.9. As amended by Acts 1978, P.L.2, SEC.504.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/5Fetched: 10/17/2026

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