*HB1312.1*
February 3, 2025
HOUSE BILL No. 1312
_____
DIGEST OF HB 1312 (Updated February 3, 2025 1:36 pm - DI 107)
Citations Affected: IC 5-3; IC 5-15; IC 6-1.1; IC 36-8; noncode.
Synopsis: Public notices. Requires the Indiana office of technology
(office) to establish a state public notice website not later than July 1,
2026. Prohibits the office from charging a fee for publishing or viewing
notices. Allows a person to satisfy any notice statute by publishing
notice in any of the following forms of media: (1) Newspaper,
including print edition or electronic edition. (2) Locality newspaper,
including print edition or electronic edition. (3) The state public notice
website. (4) Political subdivision website. Requires the Indiana
archives and records administration (administration) to establish
standards and guidelines and enter into memoranda of understanding
with agencies for the transfer and preservation of public notices from
the state public notice website to the administration to preserve public
notices for historical purposes. Phases out the publication of notices on
the political subdivision website. Phases in the publication of notices
on the state public notice website.
Effective: July 1, 2025.
Meltzer, Miller D, Zimmerman
January 13, 2025, read first time and referred to Committee on Government and Regulatory
Reform.
February 3, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
Means pursuant to Rule 126.3.
HB 1312—LS 7336/DI 87 February 3, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1312
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-3-1-0.8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 0.8. As used in this chapter, "state public notice
4 website" means the website established under IC 5-3-1.6.
5 SECTION 2. IC 5-3-1-0.9, AS ADDED BY P.L.122-2024,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 0.9. (a) This section applies to the publication of
8 notice of an event that meets both of the following requirements:
9 (1) Notice of the event is required by statute to be published two
10 (2) or more times.
11 (2) Notice is published:
12 (A) at least one (1) time before July 1, 2024; and
13 (B) at least one (1) time after June 30, 2024.
14 (b) Sections 0.2, 0.4, and 0.7 of this chapter (as in effect on June 30,
15 2024) continue to apply to any notices of the event that are published
16 after June 30, 2024, as if SEA 252-2024 had not been enacted.
17 (c) This section expires July 1, 2027. 2025.
HB 1312—LS 7336/DI 87 2
1 SECTION 3. IC 5-3-1-1, AS AMENDED BY P.L.84-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) The cost of all public notice advertising
4 which any elected or appointed public official or governmental agency
5 is required by law to have published, or orders published, for which the
6 compensation to the newspapers, locality newspapers, or qualified
7 publications publishing such advertising is drawn from and is the
8 ultimate obligation of the public treasury of the governmental unit
9 concerned with the advertising shall be charged to and collected from
10 the proper fund of the public treasury and paid over to the newspapers,
11 locality newspapers, or qualified publications publishing such
12 advertising, after proof of publication and claim for payment has been
13 filed.
14 (b) The basic charges for publishing public notice advertising shall
15 be by the line and shall be computed based on a square of two hundred
16 and fifty (250) ems at the following rates:
17 (1) Before January 1, 1996, three dollars and thirty cents ($3.30)
18 per square for the first insertion in newspapers or qualified
19 publications plus one dollar and sixty-five cents ($1.65) per
20 square for each additional insertion in newspapers, or qualified
21 publications.
22 (2) After December 31, 1995, and before December 31, 2005, a
23 newspaper or qualified publication may, effective January 1 of
24 any year, increase the basic charges by five percent (5%) more
25 than the basic charges that were in effect during the previous year.
26 However, the basic charges for the first insertion of a public
27 notice in a newspaper, or qualified publication may not exceed the
28 lowest classified advertising rate charged to advertisers by the
29 newspaper, or qualified publication for comparable use of the
30 same amount of space for other purposes.
31 (3) After December 31, 2009, and before January 1, 2017, a
32 newspaper or qualified publication may, effective January 1 of
33 any year, increase the basic charges by not more than two and
34 three-quarters percent (2.75%) more than the basic charges that
35 were in effect during the previous year. However, the basic
36 charges for the first insertion of a public notice in a newspaper or
37 qualified publication may not exceed the lowest classified
38 advertising rate charged to advertisers by the newspaper or
39 qualified publication for comparable use of the same amount of
40 space for other purposes and must include all multiple insertion
41 discounts extended to the newspaper's other advertisers.
42 (4) After December 31, 2016, a newspaper, locality newspaper,
HB 1312—LS 7336/DI 87 3
1 or qualified publication may, effective January 1 of any year,
2 increase the basic charges by not more than two and
3 three-quarters percent (2.75%) more than the basic charges that
4 were in effect during the previous year. However, the basic
5 charges for the first insertion of a public notice in a newspaper,
6 locality newspaper, or qualified publication may not exceed the
7 lowest classified advertising rate charged to advertisers by the
8 newspaper, locality newspaper, or qualified publication for
9 comparable use of the same amount of space for other purposes
10 and must include all multiple insertion discounts extended to the
11 newspaper's, locality newspaper's, or qualified publication's other
12 advertisers.
13 An additional charge of fifty percent (50%) shall be allowed for the
14 publication of all public notice advertising containing rule or tabular
15 work.
16 (c) All public notice advertisements shall be set in solid type that is
17 at least 7 point type, without any leads or other devices for increasing
18 space. All public notice advertisements shall be headed by not more
19 than two (2) lines, neither of which shall total more than four (4) solid
20 lines of the type in which the body of the advertisement is set. Public
21 notice advertisements may be submitted by an appointed or elected
22 official or a governmental agency to a newspaper, locality newspaper,
23 or qualified publication in electronic form, if the newspaper, locality
24 newspaper, or qualified publication is equipped to accept information
25 in compatible electronic form.
26 (d) Each newspaper, locality newspaper, or qualified publication
27 publishing public notice advertising shall submit proof of publication
28 and claim for payment in duplicate on each public notice advertisement
29 published. For each additional proof of publication required by a public
30 official, a charge of one dollar ($1) per copy shall be allowed each
31 newspaper, locality newspaper, or qualified publication furnishing
32 proof of publication.
33 (e) The circulation of a newspaper, locality newspaper, or qualified
34 publication is determined as follows:
35 (1) For a newspaper, by the circulation stated on line 10.C. (Total
36 Paid and/or Requested Circulation of Single Issue Published
37 Nearest to Filing Date) of the Statement of Ownership,
38 Management and Circulation required by 39 U.S.C. 3685 that was
39 filed during the previous year.
40 (2) For a locality newspaper, by a verified affidavit filed with each
41 agency, department, or office of the political subdivision that has
42 public notices the locality newspaper wants to publish. The
HB 1312—LS 7336/DI 87 4
1 affidavit must:
2 (A) be filed with the agency, department, or office of the
3 political subdivision before January 1 of each year; and
4 (B) attest to the circulation of the locality newspaper for the
5 issue published nearest to October 1 of the previous year, as
6 determined by an independent audit of the locality newspaper
7 performed for the previous year.
8 (3) For a qualified publication, by a verified affidavit filed with
9 each governmental agency that has public notices the qualified
10 publication wants to publish. The affidavit must:
11 (A) be filed with the governmental agency before January 1 of
12 each year; and
13 (B) attest to the circulation of the qualified publication for the
14 issue published nearest to October 1 of the previous year.
15 (f) This subsection applies to a towing service acting as an agent of
16 a governmental agency to facilitate the removal of abandoned vehicles
17 or parts. A towing service shall be charged the basic rates charged for
18 all public notice advertising in subsection (b)(4) for providing the
19 notice required under IC 9-22-1-23.
20 (g) The basic charge for publication of a notice in an electronic
21 edition of a newspaper or locality newspaper shall be the same as
22 the basic charge for publication of the notice in the print edition.
23 (h) After June 30, 2026, the office of technology established by
24 IC 4-13.1-2-1 may not charge a fee to publish a notice on the state
25 public notice website.
26 SECTION 4. IC 5-3-1-1.5, AS AMENDED BY P.L.146-2024,
27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 1.5. (a) This section applies to a notice that must
29 be published in accordance with this chapter.
30 (b) As used in this section, "political subdivision" has the
31 meaning set forth in IC 5-3-5-3.
32 (c) As used in this chapter, "state agency" has the meaning set
33 forth in IC 1-1-15-3.
34 (b) If a newspaper or locality newspaper maintains a website, a
35 notice that is published in the newspaper or locality newspaper must
36 also be posted on the website of the newspaper or locality newspaper.
37 The notice must appear on the website on the same day the notice
38 appears in the newspaper or locality newspaper.
39 (c) The state board of accounts shall develop a standard form for
40 notices posted on a newspaper's or locality newspaper's website.
41 (d) A newspaper or locality newspaper may not charge a fee for
42 posting a notice on the newspaper's or locality newspaper's website
HB 1312—LS 7336/DI 87 5
under this section.1
2 (d) Notwithstanding any express statutory requirement of
3 publishing a notice in a specific form of media, a person satisfies
4 the statutory requirement by publishing the notice in any of the
5 following media:
6 (1) Publication in any of the following forms of a newspaper:
7 (A) A print edition newspaper that is published in or
8 circulates within the political subdivision specified in the
9 statute.
10 (B) An electronic edition published by the newspaper
11 described in clause (A).
12 (2) Publication in any of the following forms of a locality
13 newspaper:
14 (A) A print edition locality newspaper that circulates
15 within the political subdivision specified in the statute.
16 (B) An electronic edition published by the locality
17 newspaper described in clause (A).
18 (3) Publication on the state public notice website under
19 IC 5-3-1.6 in accordance with the following:
20 (A) Beginning July 1, 2026:
21 (i) a state agency; or
22 (ii) a political subdivision primarily located within a
23 county having a population of not more than fifty
24 thousand (50,000);
25 may make the first publication of a notice and any
26 subsequent publications of the notice that are required by
27 law on the state public notice website.
28 (B) Beginning January 1, 2027, a political subdivision
29 primarily located within a county having a population of
30 not more than one hundred thousand (100,000) may make
31 the first publication of a notice and any subsequent
32 publications of the notice that are required by law on the
33 state public notice website.
34 (C) Beginning July 1, 2027, any body corporate and politic
35 or other instrumentality of state or local government not
36 described in subdivision (1) or (2) may make the first
37 publication of a notice and any subsequent publications of
38 the notice that are required by law on the state public
39 notice website.
40 (4) Publication on a political subdivision website under
41 IC 5-3-5 until the date that the person is authorized under
42 subdivision (3) to publish notice on the state public notice
HB 1312—LS 7336/DI 87 6
1 website.
2 (e) This section does not exempt a person from complying with
3 any other statutory requirement, including deadlines for
publication of notice and frequency of publication. 4 However,
5 notwithstanding any law that requires a public notice to be
6 published on at least two (2) days and for a specified frequency, a
7 notice published on the state public notice website shall be
8 maintained on the state public notice website for the period as set
forth in IC 5-3-1.6-4.9
10 (f) A newspaper or locality newspaper may not:
11 (1) charge a person a fee for viewing or searching the
12 newspaper's or locality newspaper's electronic edition for
13 public notices; or
14 (2) require a person to register on the newspaper's or locality
15 newspaper's website in order to view or search for public
16 notices in the electronic edition.
17 (g) The basic charge for publication of a notice in an electronic
18 edition of a newspaper or locality newspaper shall be the same as
19 the basic charge for publication of the notice in the print edition in
20 accordance with section 1 of this chapter.
21 SECTION 5. IC 5-3-1-1.6 IS REPEALED [EFFECTIVE JULY 1,
22 2025]. Sec. 1.6. (a) This section applies to a notice published by a
23 political subdivision in a newspaper or locality newspaper under
24 section 4 of this chapter.
25 (b) This subsection applies if a newspaper or locality newspaper
26 publishes:
27 (1) a print edition not more than three (3) times a week; and
28 (2) an electronic edition.
29 A notice may be published in either the print edition or the electronic
30 edition.
31 (c) This subsection applies if a newspaper or locality newspaper:
32 (1) publishes a print edition not more than two (2) times a week;
33 and
34 (2) does not publish an electronic edition.
35 A notice may be published in either the print edition or on the website
36 of the newspaper or locality newspaper. If the newspaper or locality
37 newspaper does not maintain a website, a notice may be published in
38 either the print edition or on the political subdivision's official website
39 (as defined in IC 5-3-5-2) in accordance with IC 5-3-5.
40 (d) A newspaper or locality newspaper may not:
41 (1) charge a person a fee for viewing or searching the website or
42 electronic edition for public notices; or
HB 1312—LS 7336/DI 87 7
1 (2) require a person to register on the newspaper or locality
2 newspaper's website in order to view or search for public notices
3 on the website.
4 (e) The basic charge for publication of a notice in an electronic
5 edition shall be the same as the basic charge for publication of the
6 notice in the print edition in accordance with section 1 of this chapter.
7 SECTION 6. IC 5-3-1-4, AS AMENDED BY P.L.147-2016,
8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9 JULY 1, 2025]: Sec. 4. (a) Whenever officers of a political subdivision
10 are required to publish a notice affecting the political subdivision, they
11 shall may publish the notice in two (2) newspapers of the forms of
12 media listed under section 1.5(d) of this chapter. If officers choose
13 to publish a notice in any form of newspaper or locality newspaper,
14 the newspaper's or locality newspaper's print edition must be
15 published in or circulate within the political subdivision as provided
16 in section 1.5(d) of this chapter.
17 (b) This subsection applies to notices published by county officers.
18 If there is only one (1) newspaper published in the county, then
19 publication in that newspaper alone is sufficient.
20 (c) This subsection applies to notices published by city, town, or
21 school corporation officers. If there is only one (1) newspaper
22 published in the municipality or school corporation, then publication
23 in that newspaper alone is sufficient. If no newspaper is published in
24 the municipality or school corporation, then publication of the notice
25 shall be made in one (1) of the following:
26 (1) A locality newspaper that circulates within the municipality or
27 school corporation.
28 (2) A newspaper published in the county in which the
29 municipality or school corporation is located and that circulates
30 within the municipality or school corporation.
31 (d) This subsection applies to notices published by officers of
32 political subdivisions not covered by subsection (a) or (b). If there is
33 only one (1) newspaper published in the political subdivision, then the
34 notice shall be published in that newspaper. If no newspaper is
35 published in the political subdivision, then publication of the notice
36 shall be made in one (1) of the following:
37 (1) A locality newspaper that circulates within the municipality or
38 school corporation.
39 (2) A newspaper published in the county and that circulates
40 within the political subdivision.
41 (e) This subsection applies to a political subdivision, including a
42 city, town, or school corporation. Notwithstanding any other law, if a
HB 1312—LS 7336/DI 87 8
1 political subdivision has territory in more than one (1) county, public
2 notices that are required by law or ordered to be published must be
3 given as follows:
4 (1) By publication in two (2) newspapers published within the
5 boundaries of the political subdivision.
6 (2) If only one (1) newspaper is published within the boundaries
7 of the political subdivision, by publication of the notice in that
8 newspaper and in one (1) of the following:
9 (A) A locality newspaper that circulates within the political
10 subdivision.
11 (B) In another newspaper:
12 (i) published in any county in which the political subdivision
13 extends; and
14 (ii) that has a general circulation in the political subdivision.
15 (3) If no newspaper is published within the boundaries of the
16 political subdivision, by publishing the notice in two (2)
17 publications, consisting of either or both of the following:
18 (A) A locality newspaper that circulates within the political
19 subdivision.
20 (B) A newspaper that:
21 (i) is published in any counties into which the political
22 subdivision extends; and
23 (ii) has a general circulation in the political subdivision.
24 (4) If only one (1) newspaper is published in any of the counties
25 into which the political subdivision extends, by publication of the
26 notice in one (1) of the following:
27 (A) A locality newspaper that circulates within the political
28 subdivision.
29 (B) The newspaper published in the county if the newspaper
30 circulates within the political subdivision.
31 (f) (b) A political subdivision may, in its discretion, publish public
32 notices in a qualified publication or additional newspapers or locality
33 newspapers to provide supplementary notification to the public. The
34 cost of publishing supplementary notification is a proper expenditure
35 of the political subdivision.
36 SECTION 7. IC 5-3-1.6 IS ADDED TO THE INDIANA CODE AS
37 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
38 1, 2025]:
39 Chapter 1.6. State Public Notice Website
40 Sec. 1. The definitions in IC 5-3-1 apply throughout this chapter.
41 Sec. 2. Not later than July 1, 2026, the office of technology
42 established by IC 4-13.1-2-1 shall establish and operate a state
HB 1312—LS 7336/DI 87 9
1 public notice website as a repository for public notices.
2 Sec. 3. The state public notice website shall:
3 (1) receive, publish, and store public notices; and
4 (2) be searchable by:
5 (A) county, city, town, township, school corporation;
6 (B) date of publication or event; and
7 (C) subject, which may include:
8 (i) public hearing notices;
9 (ii) build operate transfer notices under IC 5-23;
10 (iii) notices regarding the receiving of bids;
11 (iv) election notices;
12 (v) notices regarding the sales of bonds, notes, or
13 warrants;
14 (vi) notices regarding the cumulative or sinking funds;
15 and
16 (vii) notices regarding the adoption of ordinances.
17 Sec. 4. (a) Except as provided in subsection (b), a public notice
18 shall be maintained on the state public notice website for at least
19 seven (7) days after the day of publication.
20 (b) If a public notice is required by law to be published on at
least two (2) days and for a specified frequency, 21 the notice shall be
22 maintained on the state public notice website from the first day
23 that publication of the notice is required by law until at least seven
24 (7) days after the last day that publication of the notice is required
25 by law.
26 Sec. 5. A person may submit a notice for publication directly to
27 the state public notice website.
28 Sec. 6. The office of technology shall do the following:
29 (1) Maintain the state public notice website to be accessible
30 and searchable by the public at all times, other than during
31 maintenance or circumstances outside the operator's control.
32 (2) Not charge the person placing the notice a fee for:
33 (A) publishing a public notice on the state public notice
34 website; or
35 (B) viewing or searching the state public notice website for
36 public notices.
37 (3) Not require a person to register in order to view or search
38 for public notices on the website.
39 Sec. 7. Proof of publication of notice shall be provided in
40 accordance with rules adopted by the supreme court.
41 Sec. 8. IC 5-3-1-2.3 and any other provision regarding an error
42 or omission in a notice published in a newspaper also apply to a
HB 1312—LS 7336/DI 87 10
1 publication of a notice on the state public notice website.
2 SECTION 8. IC 5-3-5-10 IS ADDED TO THE INDIANA CODE
3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4 1, 2025]: Sec. 10. This chapter expires July 1, 2026.
5 SECTION 9. IC 5-15-5.1-5, AS AMENDED BY P.L.222-2023,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 5. (a) Subject to approval by the oversight
8 committee on public records created by section 18 of this chapter, the
9 administration shall do the following:
10 (1) Establish a forms management program for state forms.
11 (2) Establish and maintain a central cross index filing system of
12 all state forms.
13 (3) Establish a statewide records management program,
14 prescribing the standards and procedures for:
15 (A) retention and preservation of agency records; and
16 (B) records management training for agencies and local
17 government.
18 However, the investigative and criminal history records of the
19 state police department are exempted from this requirement.
20 (4) Establish and operate a statewide archival program to be
21 called the Indiana state archives for the permanent government
22 records of the state and local governments, provide consultant
23 services for archival programs, conduct surveys, and provide
24 training for records coordinators.
25 (5) Establish and operate a statewide records preservation
26 laboratory.
27 (6) Prepare, develop, and implement records retention schedules.
28 (7) Establish and operate a central records center to be called the
29 Indiana state records center, which shall accept all records
30 approved for transfer to it, provide secure storage and reference
31 service for the same, and submit written notice to the applicable
32 agency of intended destruction of records in accordance with
33 approved retention schedules.
34 (8) Demand from any person, organization, or body who has
35 illegal possession of original state or local government records
36 those records, which shall be delivered to the administration.
37 (9) Have the authority to examine all forms and records housed or
38 possessed by state agencies and local governments for the purpose
39 of fulfilling the provisions of this chapter.
40 (10) In coordination with the office of technology established by
41 IC 4-13.1-2-1, establish standards to ensure the preservation of
42 adequate and permanent computerized and auxiliary automated
HB 1312—LS 7336/DI 87 11
1 information records of state agencies and local government.
2 (11) Notwithstanding IC 5-14-3-8, establish a schedule of fees for
3 services provided to patrons of the Indiana state archives, patrons
4 of the state imaging and microfilm laboratory, and state agencies.
5 A copying fee established under this subdivision may exceed the
6 copying fee set forth in IC 5-14-3-8(c).
7 (12) Advise the office of technology established by IC 4-13.1-2-1
8 with respect to records management and archival principles as
9 applicable to the purchase of all electronic content and
10 information management systems.
11 (13) In coordination with the office of technology established
12 by IC 4-13.1-2-1, establish standards and guidelines for the
13 transfer and preservation of public notices from the state
14 public notice website to the Indiana records administration to
15 preserve public notices for historical purposes.
16 (14) Enter into memoranda of understanding with agencies,
17 as necessary, to ensure transfer of public notices from the
18 state public notice website under IC 5-3-1.6 to preserve public
19 notices for historical purposes.
20 (b) Fees collected under subsection (a)(11) shall be deposited in the
21 state archives preservation and reproduction account established by
22 section 5.3 of this chapter.
23 SECTION 10. IC 6-1.1-28-0.7, AS AMENDED BY THE
24 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
25 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2025]: Sec. 0.7. The county assessor of the county responsible
27 for administration of a multiple county property tax assessment board
28 of appeals under section 0.5 of this chapter shall give notice of the
29 time, date, place, and purpose of each annual session of the multiple
30 county property tax assessment board of appeals. The county assessor
31 shall give the notice two (2) weeks before the first meeting of the
32 multiple county property tax assessment board of appeals by:
33 (1) publication of the notice within the geographic area over
34 which the multiple county property tax assessment board of
35 appeals has jurisdiction in the same manner as political
36 subdivisions subject to IC 5-3-1-4(e) IC 5-3-1-4 are required to
37 publish notice; and
38 (2) posting of the notice on the county assessor's Internet web site.
39 website.
40 SECTION 11. IC 36-8-12-16, AS AMENDED BY P.L.236-2023,
41 SECTION 201, IS AMENDED TO READ AS FOLLOWS
42 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department
HB 1312—LS 7336/DI 87 12
1 that provides service within a jurisdiction served by the department
2 may establish a schedule of charges for the services that the department
3 provides not to exceed the state fire marshal's recommended schedule
4 for services. The volunteer fire department or its agent may collect a
5 service charge according to this schedule from the owner of property
6 that receives service if the following conditions are met:
7 (1) At the following times, the department gives notice under
8 IC 5-3-1-4(d) IC 5-3-1-4 in each political subdivision served by
9 the department of the amount of the service charge for each
10 service that the department provides:
11 (A) Before the schedule of service charges is initiated.
12 (B) When there is a change in the amount of a service charge.
13 (2) The property owner has not sent written notice to the
14 department to refuse service by the department to the owner's
15 property.
16 (3) The bill for payment of the service charge:
17 (A) is submitted to the property owner in writing within thirty
18 (30) days after the services are provided;
19 (B) includes a copy of a fire incident report in the form
20 prescribed by the state fire marshal, if the service was
21 provided for an event that requires a fire incident report;
22 (C) must contain verification that the bill has been approved
23 by the chief of the volunteer fire department; and
24 (D) must contain language indicating that correspondence
25 from the property owner and any question from the property
26 owner regarding the bill should be directed to the department.
27 (4) Payment is remitted directly to the governmental unit
28 providing the service.
29 (b) A volunteer fire department shall use the revenue collected from
30 the fire service charges under this section:
31 (1) for the purchase of equipment, buildings, and property for
32 firefighting, fire protection, or other emergency services;
33 (2) for deposit in the township firefighting and emergency
34 services fund established under IC 36-8-13-4(a)(1) or the
35 township firefighting fund established under
36 IC 36-8-13-4(a)(2)(A); or
37 (3) to pay principal and interest on a loan made by the department
38 of homeland security established by IC 10-19-2-1 or a division of
39 the department for the purchase of new or used firefighting and
40 other emergency equipment or apparatus.
41 (c) Any administrative fees charged by a fire department's agent
42 must be paid only from fees that are collected and allowed by Indiana
HB 1312—LS 7336/DI 87 13
1 law and the fire marshal's schedule of fees.
2 (d) An agent who processes fees on behalf of a fire department shall
3 send all bills, notices, and other related materials to both the fire
4 department and the person being billed for services.
5 (e) All fees allowed by Indiana law and the fire marshal's fee
6 schedule must be itemized separately from any other charges.
7 (f) If at least twenty-five percent (25%) of the money received by a
8 volunteer fire department for providing fire protection or emergency
9 services is received under one (1) or more contracts with one (1) or
10 more political subdivisions (as defined in IC 34-6-2-110), the
11 legislative body of a contracting political subdivision must approve the
12 schedule of service charges established under subsection (a) before the
13 schedule of service charges is initiated in that political subdivision.
14 (g) A volunteer fire department that:
15 (1) has contracted with a political subdivision to provide fire
16 protection or emergency services; and
17 (2) charges for services under this section;
18 must submit a report to the legislative body of the political subdivision
19 before April 1 of each year indicating the amount of service charges
20 collected during the previous calendar year and how those funds have
21 been expended.
22 (h) The state fire marshal shall annually prepare and publish a
23 recommended schedule of service charges for fire protection services.
24 (i) The volunteer fire department or its agent may maintain a civil
25 action to recover an unpaid service charge under this section and may,
26 if it prevails, recover all costs of the action, including reasonable
27 attorney's fees.
28 SECTION 12. IC 36-8-12-17, AS AMENDED BY P.L.236-2023,
29 SECTION 202, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has
31 not imposed its own false alarm fee or service charge, a volunteer fire
32 department that provides service within the jurisdiction may establish
33 a service charge for responding to false alarms. The volunteer fire
34 department may collect the false alarm service charge from the owner
35 of the property if the volunteer fire department dispatches firefighting
36 apparatus or personnel to a building or premises in the township in
37 response to:
38 (1) an alarm caused by improper installation or improper
39 maintenance; or
40 (2) a drill or test, if the fire department is not previously notified
41 that the alarm is a drill or test.
42 However, if the owner of property that constitutes the owner's residence
HB 1312—LS 7336/DI 87 14
1 establishes that the alarm is under a maintenance contract with an
2 alarm company and that the alarm company has been notified of the
3 improper installation or maintenance of the alarm, the alarm company
4 is liable for the payment of the fee or service charge.
5 (b) Before establishing a false alarm service charge, the volunteer
6 fire department must provide notice under IC 5-3-1-4(d) IC 5-3-1-4 in
7 each political subdivision served by the department of the amount of
8 the false alarm service charge. The notice required by this subsection
9 must be given:
10 (1) before the false alarm service charge is initiated; and
11 (2) before a change in the amount of the false alarm service
12 charge.
13 (c) A volunteer fire department may not collect a false alarm service
14 charge from a property owner or alarm company unless the
15 department's bill for payment of the service charge:
16 (1) is submitted to the property owner in writing within thirty (30)
17 days after the false alarm; and
18 (2) includes a copy of a fire incident report in the form prescribed
19 by the state fire marshal.
20 (d) A volunteer fire department shall use the money collected from
21 the false alarm service charge imposed under this section:
22 (1) for the purchase of equipment, buildings, and property for fire
23 fighting, fire protection, or other emergency services;
24 (2) for deposit in the township firefighting and emergency
25 services fund established under IC 36-8-13-4(a)(1) or the
26 township firefighting fund established under
27 IC 36-8-13-4(a)(2)(A); or
28 (3) to pay principal and interest on a loan made by the department
29 of homeland security established by IC 10-19-2-1 or a division of
30 the department for the purchase of new or used firefighting and
31 other emergency equipment or apparatus.
32 (e) If at least twenty-five percent (25%) of the money received by a
33 volunteer fire department for providing fire protection or emergency
34 services is received under one (1) or more contracts with one (1) or
35 more political subdivisions (as defined in IC 34-6-2-110), the
36 legislative body of a contracting political subdivision must approve the
37 false alarm service charge established under subsection (a) before the
38 service charge is initiated in that political subdivision.
39 (f) A volunteer fire department that:
40 (1) has contracted with a political subdivision to provide fire
41 protection or emergency services; and
42 (2) imposes a false alarm service charge under this section;
HB 1312—LS 7336/DI 87 15
1 must submit a report to the legislative body of the political subdivision
2 before April 1 of each year indicating the amount of false alarm
3 charges collected during the previous calendar year and how those
4 funds have been expended.
5 (g) The volunteer fire department may maintain a civil action to
6 recover unpaid false alarm service charges imposed under this section
7 and may, if it prevails, recover all costs of the action, including
8 reasonable attorney's fees.
9 SECTION 13. [EFFECTIVE JULY 1, 2025] (a) The legislative
10 services agency shall prepare legislation for introduction in the
11 2026 regular session of the general assembly to make any necessary
12 amendments to the Indiana Code to conform to the amendments
13 made by this act.
14 (b) This SECTION expires July 1, 2027.
HB 1312—LS 7336/DI 87 16
COMMITTEE REPORT
Mr. Speaker: Your Committee on Government and Regulatory
Reform, to which was referred House Bill 1312, has had the same
under consideration and begs leave to report the same back to the
House with the recommendation that said bill be amended as follows:
Page 4, line 23, delete "Indiana archives and records" and insert
"office of technology established by IC 4-13.1-2-1".
Page 4, line 24, delete "administration".
Page 4, delete lines 26 through 42, begin a new paragraph and
insert:
"SECTION 4. IC 5-3-1-1.5, AS AMENDED BY P.L.146-2024,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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) As used in this chapter, "state agency" has the meaning set
forth in IC 1-1-15-3.
(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.
(d) Notwithstanding any express statutory requirement of
publishing a notice in a specific form of media, a person satisfies
the statutory requirement by publishing the notice in any of the
following 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.
HB 1312—LS 7336/DI 87 17
(B) An electronic edition published by the locality
newspaper described in clause (A).
(3) Publication on the state public notice website under
IC 5-3-1.6 in accordance with the following:
(A) Beginning July 1, 2026:
(i) a state agency; or
(ii) a political subdivision primarily located within a
county having a population of not more than fifty
thousand (50,000);
may make the first publication of a notice and any
subsequent publications of the notice that are required by
law on the state public notice website.
(B) Beginning January 1, 2027, a political subdivision
primarily located within a county having a population of
not more than one hundred thousand (100,000) may make
the first publication of a notice and any subsequent
publications of the notice that are required by law on the
state public notice website.
(C) Beginning July 1, 2027, any body corporate and politic
or other instrumentality of state or local government not
described in subdivision (1) or (2) may make the first
publication of a notice and any subsequent publications of
the notice that are required by law on the state public
notice website.
(4) Publication on a political subdivision website under
IC 5-3-5 until the date that the person is authorized under
subdivision (3) to publish notice on the state public notice
website.
(e) This section does not exempt a person from complying with
any other statutory requirement, including deadlines for
publication of notice and frequency of publication. However,
notwithstanding any law that requires a public notice to be
published on at least two (2) days and for a specified frequency, a
notice published on the state public notice website shall be
maintained on the state public notice website for the period as set
forth in IC 5-3-1.6-4.
(f) 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
HB 1312—LS 7336/DI 87 18
notices in the electronic edition.
(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 in
accordance with section 1 of this chapter.".
Page 5, delete lines 1 through 35.
Page 6, line 27, delete "1.5(b)" and insert "1.5(d)".
Page 6, line 31, delete "1.5(b)" and insert "1.5(d)".
Page 8, delete lines 14 through 17, begin a new paragraph and
insert:
"Sec. 2. Not later than July 1, 2026, the office of technology
established by IC 4-13.1-2-1 shall establish and operate a state
public notice website as a repository for public notices.".
Page 9, line 2, delete "Indiana archives and records administration"
and insert "office of technology".
Page 10, between lines 27 and 28, begin a new line block indented
and insert:
"(13) In coordination with the office of technology established
by IC 4-13.1-2-1, establish standards and guidelines for the
transfer and preservation of public notices from the state
public notice website to the Indiana records administration to
preserve public notices for historical purposes.
(14) Enter into memoranda of understanding with agencies,
as necessary, to ensure transfer of public notices from the
state public notice website under IC 5-3-1.6 to preserve public
notices for historical purposes.".
Page 10, delete lines 31 and 32.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to HB 1312 as introduced.)
MILLER D
Committee Vote: yeas 11, nays 0.
HB 1312—LS 7336/DI 87