Indiana § 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

§ 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.

IC 5-3-1-2Public 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.