33 | 30 | | First Regular Session of the 124th General Assembly (2025) |
---|
34 | 31 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
---|
35 | 32 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
---|
36 | 33 | | additions will appear in this style type, and deletions will appear in this style type. |
---|
37 | 34 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
---|
38 | 35 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
---|
39 | 36 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
---|
40 | 37 | | a new provision to the Indiana Code or the Indiana Constitution. |
---|
41 | 38 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
---|
42 | 39 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
---|
43 | 40 | | HOUSE BILL No. 1312 |
---|
44 | 41 | | A BILL FOR AN ACT to amend the Indiana Code concerning state |
---|
45 | 42 | | and local administration. |
---|
46 | 43 | | Be it enacted by the General Assembly of the State of Indiana: |
---|
47 | 44 | | 1 SECTION 1. IC 5-3-1-0.8 IS ADDED TO THE INDIANA CODE |
---|
48 | 45 | | 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
49 | 46 | | 3 1, 2025]: Sec. 0.8. As used in this chapter, "state public notice |
---|
50 | 47 | | 4 website" means the website established under IC 5-3-1.6. |
---|
51 | 48 | | 5 SECTION 2. IC 5-3-1-0.9, AS ADDED BY P.L.122-2024, |
---|
52 | 49 | | 6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
53 | 50 | | 7 JULY 1, 2025]: Sec. 0.9. (a) This section applies to the publication of |
---|
54 | 51 | | 8 notice of an event that meets both of the following requirements: |
---|
55 | 52 | | 9 (1) Notice of the event is required by statute to be published two |
---|
56 | 53 | | 10 (2) or more times. |
---|
57 | 54 | | 11 (2) Notice is published: |
---|
58 | 55 | | 12 (A) at least one (1) time before July 1, 2024; and |
---|
59 | 56 | | 13 (B) at least one (1) time after June 30, 2024. |
---|
60 | 57 | | 14 (b) Sections 0.2, 0.4, and 0.7 of this chapter (as in effect on June 30, |
---|
61 | 58 | | 15 2024) continue to apply to any notices of the event that are published |
---|
62 | 59 | | 16 after June 30, 2024, as if SEA 252-2024 had not been enacted. |
---|
63 | 60 | | 17 (c) This section expires July 1, 2027. 2025. |
---|
64 | 61 | | HB 1312—LS 7336/DI 87 2 |
---|
65 | 62 | | 1 SECTION 3. IC 5-3-1-1, AS AMENDED BY P.L.84-2023, |
---|
66 | 63 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
67 | 64 | | 3 JULY 1, 2025]: Sec. 1. (a) The cost of all public notice advertising |
---|
68 | 65 | | 4 which any elected or appointed public official or governmental agency |
---|
69 | 66 | | 5 is required by law to have published, or orders published, for which the |
---|
70 | 67 | | 6 compensation to the newspapers, locality newspapers, or qualified |
---|
71 | 68 | | 7 publications publishing such advertising is drawn from and is the |
---|
72 | 69 | | 8 ultimate obligation of the public treasury of the governmental unit |
---|
73 | 70 | | 9 concerned with the advertising shall be charged to and collected from |
---|
74 | 71 | | 10 the proper fund of the public treasury and paid over to the newspapers, |
---|
75 | 72 | | 11 locality newspapers, or qualified publications publishing such |
---|
76 | 73 | | 12 advertising, after proof of publication and claim for payment has been |
---|
77 | 74 | | 13 filed. |
---|
78 | 75 | | 14 (b) The basic charges for publishing public notice advertising shall |
---|
79 | 76 | | 15 be by the line and shall be computed based on a square of two hundred |
---|
80 | 77 | | 16 and fifty (250) ems at the following rates: |
---|
81 | 78 | | 17 (1) Before January 1, 1996, three dollars and thirty cents ($3.30) |
---|
82 | 79 | | 18 per square for the first insertion in newspapers or qualified |
---|
83 | 80 | | 19 publications plus one dollar and sixty-five cents ($1.65) per |
---|
84 | 81 | | 20 square for each additional insertion in newspapers, or qualified |
---|
85 | 82 | | 21 publications. |
---|
86 | 83 | | 22 (2) After December 31, 1995, and before December 31, 2005, a |
---|
87 | 84 | | 23 newspaper or qualified publication may, effective January 1 of |
---|
88 | 85 | | 24 any year, increase the basic charges by five percent (5%) more |
---|
89 | 86 | | 25 than the basic charges that were in effect during the previous year. |
---|
90 | 87 | | 26 However, the basic charges for the first insertion of a public |
---|
91 | 88 | | 27 notice in a newspaper, or qualified publication may not exceed the |
---|
92 | 89 | | 28 lowest classified advertising rate charged to advertisers by the |
---|
93 | 90 | | 29 newspaper, or qualified publication for comparable use of the |
---|
94 | 91 | | 30 same amount of space for other purposes. |
---|
95 | 92 | | 31 (3) After December 31, 2009, and before January 1, 2017, a |
---|
96 | 93 | | 32 newspaper or qualified publication may, effective January 1 of |
---|
97 | 94 | | 33 any year, increase the basic charges by not more than two and |
---|
98 | 95 | | 34 three-quarters percent (2.75%) more than the basic charges that |
---|
99 | 96 | | 35 were in effect during the previous year. However, the basic |
---|
100 | 97 | | 36 charges for the first insertion of a public notice in a newspaper or |
---|
101 | 98 | | 37 qualified publication may not exceed the lowest classified |
---|
102 | 99 | | 38 advertising rate charged to advertisers by the newspaper or |
---|
103 | 100 | | 39 qualified publication for comparable use of the same amount of |
---|
104 | 101 | | 40 space for other purposes and must include all multiple insertion |
---|
105 | 102 | | 41 discounts extended to the newspaper's other advertisers. |
---|
106 | 103 | | 42 (4) After December 31, 2016, a newspaper, locality newspaper, |
---|
107 | 104 | | HB 1312—LS 7336/DI 87 3 |
---|
108 | 105 | | 1 or qualified publication may, effective January 1 of any year, |
---|
109 | 106 | | 2 increase the basic charges by not more than two and |
---|
110 | 107 | | 3 three-quarters percent (2.75%) more than the basic charges that |
---|
111 | 108 | | 4 were in effect during the previous year. However, the basic |
---|
112 | 109 | | 5 charges for the first insertion of a public notice in a newspaper, |
---|
113 | 110 | | 6 locality newspaper, or qualified publication may not exceed the |
---|
114 | 111 | | 7 lowest classified advertising rate charged to advertisers by the |
---|
115 | 112 | | 8 newspaper, locality newspaper, or qualified publication for |
---|
116 | 113 | | 9 comparable use of the same amount of space for other purposes |
---|
117 | 114 | | 10 and must include all multiple insertion discounts extended to the |
---|
118 | 115 | | 11 newspaper's, locality newspaper's, or qualified publication's other |
---|
119 | 116 | | 12 advertisers. |
---|
120 | 117 | | 13 An additional charge of fifty percent (50%) shall be allowed for the |
---|
121 | 118 | | 14 publication of all public notice advertising containing rule or tabular |
---|
122 | 119 | | 15 work. |
---|
123 | 120 | | 16 (c) All public notice advertisements shall be set in solid type that is |
---|
124 | 121 | | 17 at least 7 point type, without any leads or other devices for increasing |
---|
125 | 122 | | 18 space. All public notice advertisements shall be headed by not more |
---|
126 | 123 | | 19 than two (2) lines, neither of which shall total more than four (4) solid |
---|
127 | 124 | | 20 lines of the type in which the body of the advertisement is set. Public |
---|
128 | 125 | | 21 notice advertisements may be submitted by an appointed or elected |
---|
129 | 126 | | 22 official or a governmental agency to a newspaper, locality newspaper, |
---|
130 | 127 | | 23 or qualified publication in electronic form, if the newspaper, locality |
---|
131 | 128 | | 24 newspaper, or qualified publication is equipped to accept information |
---|
132 | 129 | | 25 in compatible electronic form. |
---|
133 | 130 | | 26 (d) Each newspaper, locality newspaper, or qualified publication |
---|
134 | 131 | | 27 publishing public notice advertising shall submit proof of publication |
---|
135 | 132 | | 28 and claim for payment in duplicate on each public notice advertisement |
---|
136 | 133 | | 29 published. For each additional proof of publication required by a public |
---|
137 | 134 | | 30 official, a charge of one dollar ($1) per copy shall be allowed each |
---|
138 | 135 | | 31 newspaper, locality newspaper, or qualified publication furnishing |
---|
139 | 136 | | 32 proof of publication. |
---|
140 | 137 | | 33 (e) The circulation of a newspaper, locality newspaper, or qualified |
---|
141 | 138 | | 34 publication is determined as follows: |
---|
142 | 139 | | 35 (1) For a newspaper, by the circulation stated on line 10.C. (Total |
---|
143 | 140 | | 36 Paid and/or Requested Circulation of Single Issue Published |
---|
144 | 141 | | 37 Nearest to Filing Date) of the Statement of Ownership, |
---|
145 | 142 | | 38 Management and Circulation required by 39 U.S.C. 3685 that was |
---|
146 | 143 | | 39 filed during the previous year. |
---|
147 | 144 | | 40 (2) For a locality newspaper, by a verified affidavit filed with each |
---|
148 | 145 | | 41 agency, department, or office of the political subdivision that has |
---|
149 | 146 | | 42 public notices the locality newspaper wants to publish. The |
---|
150 | 147 | | HB 1312—LS 7336/DI 87 4 |
---|
151 | 148 | | 1 affidavit must: |
---|
152 | 149 | | 2 (A) be filed with the agency, department, or office of the |
---|
153 | 150 | | 3 political subdivision before January 1 of each year; and |
---|
154 | 151 | | 4 (B) attest to the circulation of the locality newspaper for the |
---|
155 | 152 | | 5 issue published nearest to October 1 of the previous year, as |
---|
156 | 153 | | 6 determined by an independent audit of the locality newspaper |
---|
157 | 154 | | 7 performed for the previous year. |
---|
158 | 155 | | 8 (3) For a qualified publication, by a verified affidavit filed with |
---|
159 | 156 | | 9 each governmental agency that has public notices the qualified |
---|
160 | 157 | | 10 publication wants to publish. The affidavit must: |
---|
161 | 158 | | 11 (A) be filed with the governmental agency before January 1 of |
---|
162 | 159 | | 12 each year; and |
---|
163 | 160 | | 13 (B) attest to the circulation of the qualified publication for the |
---|
164 | 161 | | 14 issue published nearest to October 1 of the previous year. |
---|
165 | 162 | | 15 (f) This subsection applies to a towing service acting as an agent of |
---|
166 | 163 | | 16 a governmental agency to facilitate the removal of abandoned vehicles |
---|
167 | 164 | | 17 or parts. A towing service shall be charged the basic rates charged for |
---|
168 | 165 | | 18 all public notice advertising in subsection (b)(4) for providing the |
---|
169 | 166 | | 19 notice required under IC 9-22-1-23. |
---|
170 | 167 | | 20 (g) The basic charge for publication of a notice in an electronic |
---|
171 | 168 | | 21 edition of a newspaper or locality newspaper shall be the same as |
---|
172 | 169 | | 22 the basic charge for publication of the notice in the print edition. |
---|
173 | 170 | | 23 (h) After June 30, 2026, the office of technology established by |
---|
174 | 171 | | 24 IC 4-13.1-2-1 may not charge a fee to publish a notice on the state |
---|
175 | 172 | | 25 public notice website. |
---|
176 | 173 | | 26 SECTION 4. IC 5-3-1-1.5, AS AMENDED BY P.L.146-2024, |
---|
177 | 174 | | 27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
178 | 175 | | 28 JULY 1, 2025]: Sec. 1.5. (a) This section applies to a notice that must |
---|
179 | 176 | | 29 be published in accordance with this chapter. |
---|
180 | 177 | | 30 (b) As used in this section, "political subdivision" has the |
---|
181 | 178 | | 31 meaning set forth in IC 5-3-5-3. |
---|
182 | 179 | | 32 (c) As used in this chapter, "state agency" has the meaning set |
---|
183 | 180 | | 33 forth in IC 1-1-15-3. |
---|
184 | 181 | | 34 (b) If a newspaper or locality newspaper maintains a website, a |
---|
185 | 182 | | 35 notice that is published in the newspaper or locality newspaper must |
---|
186 | 183 | | 36 also be posted on the website of the newspaper or locality newspaper. |
---|
187 | 184 | | 37 The notice must appear on the website on the same day the notice |
---|
188 | 185 | | 38 appears in the newspaper or locality newspaper. |
---|
189 | 186 | | 39 (c) The state board of accounts shall develop a standard form for |
---|
190 | 187 | | 40 notices posted on a newspaper's or locality newspaper's website. |
---|
191 | 188 | | 41 (d) A newspaper or locality newspaper may not charge a fee for |
---|
192 | 189 | | 42 posting a notice on the newspaper's or locality newspaper's website |
---|
193 | 190 | | HB 1312—LS 7336/DI 87 5 |
---|
194 | 191 | | under this section.1 |
---|
195 | 192 | | 2 (d) Notwithstanding any express statutory requirement of |
---|
196 | 193 | | 3 publishing a notice in a specific form of media, a person satisfies |
---|
197 | 194 | | 4 the statutory requirement by publishing the notice in any of the |
---|
198 | 195 | | 5 following media: |
---|
199 | 196 | | 6 (1) Publication in any of the following forms of a newspaper: |
---|
200 | 197 | | 7 (A) A print edition newspaper that is published in or |
---|
201 | 198 | | 8 circulates within the political subdivision specified in the |
---|
202 | 199 | | 9 statute. |
---|
203 | 200 | | 10 (B) An electronic edition published by the newspaper |
---|
204 | 201 | | 11 described in clause (A). |
---|
205 | 202 | | 12 (2) Publication in any of the following forms of a locality |
---|
206 | 203 | | 13 newspaper: |
---|
207 | 204 | | 14 (A) A print edition locality newspaper that circulates |
---|
208 | 205 | | 15 within the political subdivision specified in the statute. |
---|
209 | 206 | | 16 (B) An electronic edition published by the locality |
---|
210 | 207 | | 17 newspaper described in clause (A). |
---|
211 | 208 | | 18 (3) Publication on the state public notice website under |
---|
212 | 209 | | 19 IC 5-3-1.6 in accordance with the following: |
---|
213 | 210 | | 20 (A) Beginning July 1, 2026: |
---|
214 | 211 | | 21 (i) a state agency; or |
---|
215 | 212 | | 22 (ii) a political subdivision primarily located within a |
---|
216 | 213 | | 23 county having a population of not more than fifty |
---|
217 | 214 | | 24 thousand (50,000); |
---|
218 | 215 | | 25 may make the first publication of a notice and any |
---|
219 | 216 | | 26 subsequent publications of the notice that are required by |
---|
220 | 217 | | 27 law on the state public notice website. |
---|
221 | 218 | | 28 (B) Beginning January 1, 2027, a political subdivision |
---|
222 | 219 | | 29 primarily located within a county having a population of |
---|
223 | 220 | | 30 not more than one hundred thousand (100,000) may make |
---|
224 | 221 | | 31 the first publication of a notice and any subsequent |
---|
225 | 222 | | 32 publications of the notice that are required by law on the |
---|
226 | 223 | | 33 state public notice website. |
---|
227 | 224 | | 34 (C) Beginning July 1, 2027, any body corporate and politic |
---|
228 | 225 | | 35 or other instrumentality of state or local government not |
---|
229 | 226 | | 36 described in subdivision (1) or (2) may make the first |
---|
230 | 227 | | 37 publication of a notice and any subsequent publications of |
---|
231 | 228 | | 38 the notice that are required by law on the state public |
---|
232 | 229 | | 39 notice website. |
---|
233 | 230 | | 40 (4) Publication on a political subdivision website under |
---|
234 | 231 | | 41 IC 5-3-5 until the date that the person is authorized under |
---|
235 | 232 | | 42 subdivision (3) to publish notice on the state public notice |
---|
236 | 233 | | HB 1312—LS 7336/DI 87 6 |
---|
237 | 234 | | 1 website. |
---|
238 | 235 | | 2 (e) This section does not exempt a person from complying with |
---|
239 | 236 | | 3 any other statutory requirement, including deadlines for |
---|
240 | 237 | | publication of notice and frequency of publication. 4 However, |
---|
241 | 238 | | 5 notwithstanding any law that requires a public notice to be |
---|
242 | 239 | | 6 published on at least two (2) days and for a specified frequency, a |
---|
243 | 240 | | 7 notice published on the state public notice website shall be |
---|
244 | 241 | | 8 maintained on the state public notice website for the period as set |
---|
245 | 242 | | forth in IC 5-3-1.6-4.9 |
---|
246 | 243 | | 10 (f) A newspaper or locality newspaper may not: |
---|
247 | 244 | | 11 (1) charge a person a fee for viewing or searching the |
---|
248 | 245 | | 12 newspaper's or locality newspaper's electronic edition for |
---|
249 | 246 | | 13 public notices; or |
---|
250 | 247 | | 14 (2) require a person to register on the newspaper's or locality |
---|
251 | 248 | | 15 newspaper's website in order to view or search for public |
---|
252 | 249 | | 16 notices in the electronic edition. |
---|
253 | 250 | | 17 (g) The basic charge for publication of a notice in an electronic |
---|
254 | 251 | | 18 edition of a newspaper or locality newspaper shall be the same as |
---|
255 | 252 | | 19 the basic charge for publication of the notice in the print edition in |
---|
256 | 253 | | 20 accordance with section 1 of this chapter. |
---|
257 | 254 | | 21 SECTION 5. IC 5-3-1-1.6 IS REPEALED [EFFECTIVE JULY 1, |
---|
258 | 255 | | 22 2025]. Sec. 1.6. (a) This section applies to a notice published by a |
---|
259 | 256 | | 23 political subdivision in a newspaper or locality newspaper under |
---|
260 | 257 | | 24 section 4 of this chapter. |
---|
261 | 258 | | 25 (b) This subsection applies if a newspaper or locality newspaper |
---|
262 | 259 | | 26 publishes: |
---|
263 | 260 | | 27 (1) a print edition not more than three (3) times a week; and |
---|
264 | 261 | | 28 (2) an electronic edition. |
---|
265 | 262 | | 29 A notice may be published in either the print edition or the electronic |
---|
266 | 263 | | 30 edition. |
---|
267 | 264 | | 31 (c) This subsection applies if a newspaper or locality newspaper: |
---|
268 | 265 | | 32 (1) publishes a print edition not more than two (2) times a week; |
---|
269 | 266 | | 33 and |
---|
270 | 267 | | 34 (2) does not publish an electronic edition. |
---|
271 | 268 | | 35 A notice may be published in either the print edition or on the website |
---|
272 | 269 | | 36 of the newspaper or locality newspaper. If the newspaper or locality |
---|
273 | 270 | | 37 newspaper does not maintain a website, a notice may be published in |
---|
274 | 271 | | 38 either the print edition or on the political subdivision's official website |
---|
275 | 272 | | 39 (as defined in IC 5-3-5-2) in accordance with IC 5-3-5. |
---|
276 | 273 | | 40 (d) A newspaper or locality newspaper may not: |
---|
277 | 274 | | 41 (1) charge a person a fee for viewing or searching the website or |
---|
278 | 275 | | 42 electronic edition for public notices; or |
---|
279 | 276 | | HB 1312—LS 7336/DI 87 7 |
---|
280 | 277 | | 1 (2) require a person to register on the newspaper or locality |
---|
281 | 278 | | 2 newspaper's website in order to view or search for public notices |
---|
282 | 279 | | 3 on the website. |
---|
283 | 280 | | 4 (e) The basic charge for publication of a notice in an electronic |
---|
284 | 281 | | 5 edition shall be the same as the basic charge for publication of the |
---|
285 | 282 | | 6 notice in the print edition in accordance with section 1 of this chapter. |
---|
286 | 283 | | 7 SECTION 6. IC 5-3-1-4, AS AMENDED BY P.L.147-2016, |
---|
287 | 284 | | 8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
288 | 285 | | 9 JULY 1, 2025]: Sec. 4. (a) Whenever officers of a political subdivision |
---|
289 | 286 | | 10 are required to publish a notice affecting the political subdivision, they |
---|
290 | 287 | | 11 shall may publish the notice in two (2) newspapers of the forms of |
---|
291 | 288 | | 12 media listed under section 1.5(d) of this chapter. If officers choose |
---|
292 | 289 | | 13 to publish a notice in any form of newspaper or locality newspaper, |
---|
293 | 290 | | 14 the newspaper's or locality newspaper's print edition must be |
---|
294 | 291 | | 15 published in or circulate within the political subdivision as provided |
---|
295 | 292 | | 16 in section 1.5(d) of this chapter. |
---|
296 | 293 | | 17 (b) This subsection applies to notices published by county officers. |
---|
297 | 294 | | 18 If there is only one (1) newspaper published in the county, then |
---|
298 | 295 | | 19 publication in that newspaper alone is sufficient. |
---|
299 | 296 | | 20 (c) This subsection applies to notices published by city, town, or |
---|
300 | 297 | | 21 school corporation officers. If there is only one (1) newspaper |
---|
301 | 298 | | 22 published in the municipality or school corporation, then publication |
---|
302 | 299 | | 23 in that newspaper alone is sufficient. If no newspaper is published in |
---|
303 | 300 | | 24 the municipality or school corporation, then publication of the notice |
---|
304 | 301 | | 25 shall be made in one (1) of the following: |
---|
305 | 302 | | 26 (1) A locality newspaper that circulates within the municipality or |
---|
306 | 303 | | 27 school corporation. |
---|
307 | 304 | | 28 (2) A newspaper published in the county in which the |
---|
308 | 305 | | 29 municipality or school corporation is located and that circulates |
---|
309 | 306 | | 30 within the municipality or school corporation. |
---|
310 | 307 | | 31 (d) This subsection applies to notices published by officers of |
---|
311 | 308 | | 32 political subdivisions not covered by subsection (a) or (b). If there is |
---|
312 | 309 | | 33 only one (1) newspaper published in the political subdivision, then the |
---|
313 | 310 | | 34 notice shall be published in that newspaper. If no newspaper is |
---|
314 | 311 | | 35 published in the political subdivision, then publication of the notice |
---|
315 | 312 | | 36 shall be made in one (1) of the following: |
---|
316 | 313 | | 37 (1) A locality newspaper that circulates within the municipality or |
---|
317 | 314 | | 38 school corporation. |
---|
318 | 315 | | 39 (2) A newspaper published in the county and that circulates |
---|
319 | 316 | | 40 within the political subdivision. |
---|
320 | 317 | | 41 (e) This subsection applies to a political subdivision, including a |
---|
321 | 318 | | 42 city, town, or school corporation. Notwithstanding any other law, if a |
---|
322 | 319 | | HB 1312—LS 7336/DI 87 8 |
---|
323 | 320 | | 1 political subdivision has territory in more than one (1) county, public |
---|
324 | 321 | | 2 notices that are required by law or ordered to be published must be |
---|
325 | 322 | | 3 given as follows: |
---|
326 | 323 | | 4 (1) By publication in two (2) newspapers published within the |
---|
327 | 324 | | 5 boundaries of the political subdivision. |
---|
328 | 325 | | 6 (2) If only one (1) newspaper is published within the boundaries |
---|
329 | 326 | | 7 of the political subdivision, by publication of the notice in that |
---|
330 | 327 | | 8 newspaper and in one (1) of the following: |
---|
331 | 328 | | 9 (A) A locality newspaper that circulates within the political |
---|
332 | 329 | | 10 subdivision. |
---|
333 | 330 | | 11 (B) In another newspaper: |
---|
334 | 331 | | 12 (i) published in any county in which the political subdivision |
---|
335 | 332 | | 13 extends; and |
---|
336 | 333 | | 14 (ii) that has a general circulation in the political subdivision. |
---|
337 | 334 | | 15 (3) If no newspaper is published within the boundaries of the |
---|
338 | 335 | | 16 political subdivision, by publishing the notice in two (2) |
---|
339 | 336 | | 17 publications, consisting of either or both of the following: |
---|
340 | 337 | | 18 (A) A locality newspaper that circulates within the political |
---|
341 | 338 | | 19 subdivision. |
---|
342 | 339 | | 20 (B) A newspaper that: |
---|
343 | 340 | | 21 (i) is published in any counties into which the political |
---|
344 | 341 | | 22 subdivision extends; and |
---|
345 | 342 | | 23 (ii) has a general circulation in the political subdivision. |
---|
346 | 343 | | 24 (4) If only one (1) newspaper is published in any of the counties |
---|
347 | 344 | | 25 into which the political subdivision extends, by publication of the |
---|
348 | 345 | | 26 notice in one (1) of the following: |
---|
349 | 346 | | 27 (A) A locality newspaper that circulates within the political |
---|
350 | 347 | | 28 subdivision. |
---|
351 | 348 | | 29 (B) The newspaper published in the county if the newspaper |
---|
352 | 349 | | 30 circulates within the political subdivision. |
---|
353 | 350 | | 31 (f) (b) A political subdivision may, in its discretion, publish public |
---|
354 | 351 | | 32 notices in a qualified publication or additional newspapers or locality |
---|
355 | 352 | | 33 newspapers to provide supplementary notification to the public. The |
---|
356 | 353 | | 34 cost of publishing supplementary notification is a proper expenditure |
---|
357 | 354 | | 35 of the political subdivision. |
---|
358 | 355 | | 36 SECTION 7. IC 5-3-1.6 IS ADDED TO THE INDIANA CODE AS |
---|
359 | 356 | | 37 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
360 | 357 | | 38 1, 2025]: |
---|
361 | 358 | | 39 Chapter 1.6. State Public Notice Website |
---|
362 | 359 | | 40 Sec. 1. The definitions in IC 5-3-1 apply throughout this chapter. |
---|
363 | 360 | | 41 Sec. 2. Not later than July 1, 2026, the office of technology |
---|
364 | 361 | | 42 established by IC 4-13.1-2-1 shall establish and operate a state |
---|
365 | 362 | | HB 1312—LS 7336/DI 87 9 |
---|
366 | 363 | | 1 public notice website as a repository for public notices. |
---|
409 | | - | 1 for public notices on the website. |
---|
410 | | - | 2 Sec. 7. Proof of publication of notice shall be provided in |
---|
411 | | - | 3 accordance with rules adopted by the supreme court. |
---|
412 | | - | 4 Sec. 8. IC 5-3-1-2.3 and any other provision regarding an error |
---|
413 | | - | 5 or omission in a notice published in a newspaper also apply to a |
---|
414 | | - | 6 publication of a notice on the state public notice website. |
---|
415 | | - | 7 SECTION 8. IC 5-3-5-10 IS ADDED TO THE INDIANA CODE |
---|
416 | | - | 8 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
417 | | - | 9 1, 2025]: Sec. 10. This chapter expires July 1, 2026. |
---|
418 | | - | 10 SECTION 9. IC 5-15-5.1-5, AS AMENDED BY P.L.222-2023, |
---|
419 | | - | 11 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
420 | | - | 12 JULY 1, 2025]: Sec. 5. (a) Subject to approval by the oversight |
---|
421 | | - | 13 committee on public records created by section 18 of this chapter, the |
---|
422 | | - | 14 administration shall do the following: |
---|
423 | | - | 15 (1) Establish a forms management program for state forms. |
---|
424 | | - | 16 (2) Establish and maintain a central cross index filing system of |
---|
425 | | - | 17 all state forms. |
---|
426 | | - | 18 (3) Establish a statewide records management program, |
---|
427 | | - | 19 prescribing the standards and procedures for: |
---|
428 | | - | 20 (A) retention and preservation of agency records; and |
---|
429 | | - | 21 (B) records management training for agencies and local |
---|
430 | | - | 22 government. |
---|
431 | | - | 23 However, the investigative and criminal history records of the |
---|
432 | | - | 24 state police department are exempted from this requirement. |
---|
433 | | - | 25 (4) Establish and operate a statewide archival program to be |
---|
434 | | - | 26 called the Indiana state archives for the permanent government |
---|
435 | | - | 27 records of the state and local governments, provide consultant |
---|
436 | | - | 28 services for archival programs, conduct surveys, and provide |
---|
437 | | - | 29 training for records coordinators. |
---|
438 | | - | 30 (5) Establish and operate a statewide records preservation |
---|
439 | | - | 31 laboratory. |
---|
440 | | - | 32 (6) Prepare, develop, and implement records retention schedules. |
---|
441 | | - | 33 (7) Establish and operate a central records center to be called the |
---|
442 | | - | 34 Indiana state records center, which shall accept all records |
---|
443 | | - | 35 approved for transfer to it, provide secure storage and reference |
---|
444 | | - | 36 service for the same, and submit written notice to the applicable |
---|
445 | | - | 37 agency of intended destruction of records in accordance with |
---|
446 | | - | 38 approved retention schedules. |
---|
447 | | - | 39 (8) Demand from any person, organization, or body who has |
---|
448 | | - | 40 illegal possession of original state or local government records |
---|
449 | | - | 41 those records, which shall be delivered to the administration. |
---|
450 | | - | 42 (9) Have the authority to examine all forms and records housed or |
---|
| 406 | + | 1 publication of a notice on the state public notice website. |
---|
| 407 | + | 2 SECTION 8. IC 5-3-5-10 IS ADDED TO THE INDIANA CODE |
---|
| 408 | + | 3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY |
---|
| 409 | + | 4 1, 2025]: Sec. 10. This chapter expires July 1, 2026. |
---|
| 410 | + | 5 SECTION 9. IC 5-15-5.1-5, AS AMENDED BY P.L.222-2023, |
---|
| 411 | + | 6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 412 | + | 7 JULY 1, 2025]: Sec. 5. (a) Subject to approval by the oversight |
---|
| 413 | + | 8 committee on public records created by section 18 of this chapter, the |
---|
| 414 | + | 9 administration shall do the following: |
---|
| 415 | + | 10 (1) Establish a forms management program for state forms. |
---|
| 416 | + | 11 (2) Establish and maintain a central cross index filing system of |
---|
| 417 | + | 12 all state forms. |
---|
| 418 | + | 13 (3) Establish a statewide records management program, |
---|
| 419 | + | 14 prescribing the standards and procedures for: |
---|
| 420 | + | 15 (A) retention and preservation of agency records; and |
---|
| 421 | + | 16 (B) records management training for agencies and local |
---|
| 422 | + | 17 government. |
---|
| 423 | + | 18 However, the investigative and criminal history records of the |
---|
| 424 | + | 19 state police department are exempted from this requirement. |
---|
| 425 | + | 20 (4) Establish and operate a statewide archival program to be |
---|
| 426 | + | 21 called the Indiana state archives for the permanent government |
---|
| 427 | + | 22 records of the state and local governments, provide consultant |
---|
| 428 | + | 23 services for archival programs, conduct surveys, and provide |
---|
| 429 | + | 24 training for records coordinators. |
---|
| 430 | + | 25 (5) Establish and operate a statewide records preservation |
---|
| 431 | + | 26 laboratory. |
---|
| 432 | + | 27 (6) Prepare, develop, and implement records retention schedules. |
---|
| 433 | + | 28 (7) Establish and operate a central records center to be called the |
---|
| 434 | + | 29 Indiana state records center, which shall accept all records |
---|
| 435 | + | 30 approved for transfer to it, provide secure storage and reference |
---|
| 436 | + | 31 service for the same, and submit written notice to the applicable |
---|
| 437 | + | 32 agency of intended destruction of records in accordance with |
---|
| 438 | + | 33 approved retention schedules. |
---|
| 439 | + | 34 (8) Demand from any person, organization, or body who has |
---|
| 440 | + | 35 illegal possession of original state or local government records |
---|
| 441 | + | 36 those records, which shall be delivered to the administration. |
---|
| 442 | + | 37 (9) Have the authority to examine all forms and records housed or |
---|
| 443 | + | 38 possessed by state agencies and local governments for the purpose |
---|
| 444 | + | 39 of fulfilling the provisions of this chapter. |
---|
| 445 | + | 40 (10) In coordination with the office of technology established by |
---|
| 446 | + | 41 IC 4-13.1-2-1, establish standards to ensure the preservation of |
---|
| 447 | + | 42 adequate and permanent computerized and auxiliary automated |
---|
452 | | - | 1 possessed by state agencies and local governments for the purpose |
---|
453 | | - | 2 of fulfilling the provisions of this chapter. |
---|
454 | | - | 3 (10) In coordination with the office of technology established by |
---|
455 | | - | 4 IC 4-13.1-2-1, establish standards to ensure the preservation of |
---|
456 | | - | 5 adequate and permanent computerized and auxiliary automated |
---|
457 | | - | 6 information records of state agencies and local government. |
---|
458 | | - | 7 (11) Notwithstanding IC 5-14-3-8, establish a schedule of fees for |
---|
459 | | - | 8 services provided to patrons of the Indiana state archives, patrons |
---|
460 | | - | 9 of the state imaging and microfilm laboratory, and state agencies. |
---|
461 | | - | 10 A copying fee established under this subdivision may exceed the |
---|
462 | | - | 11 copying fee set forth in IC 5-14-3-8(c). |
---|
463 | | - | 12 (12) Advise the office of technology established by IC 4-13.1-2-1 |
---|
464 | | - | 13 with respect to records management and archival principles as |
---|
465 | | - | 14 applicable to the purchase of all electronic content and |
---|
466 | | - | 15 information management systems. |
---|
467 | | - | 16 (13) In coordination with the office of technology established |
---|
468 | | - | 17 by IC 4-13.1-2-1, establish standards and guidelines for the |
---|
469 | | - | 18 transfer and preservation of public notices from the state |
---|
470 | | - | 19 public notice website to the Indiana records administration to |
---|
471 | | - | 20 preserve public notices for historical purposes. |
---|
472 | | - | 21 (14) Enter into memoranda of understanding with agencies, |
---|
473 | | - | 22 as necessary, to ensure transfer of public notices from the |
---|
474 | | - | 23 state public notice website under IC 5-3-1.6 to preserve public |
---|
475 | | - | 24 notices for historical purposes. |
---|
476 | | - | 25 (b) Fees collected under subsection (a)(11) shall be deposited in the |
---|
477 | | - | 26 state archives preservation and reproduction account established by |
---|
478 | | - | 27 section 5.3 of this chapter. |
---|
479 | | - | 28 SECTION 10. IC 6-1.1-28-0.7, AS AMENDED BY THE |
---|
480 | | - | 29 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL |
---|
481 | | - | 30 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
482 | | - | 31 JULY 1, 2025]: Sec. 0.7. The county assessor of the county responsible |
---|
483 | | - | 32 for administration of a multiple county property tax assessment board |
---|
484 | | - | 33 of appeals under section 0.5 of this chapter shall give notice of the |
---|
485 | | - | 34 time, date, place, and purpose of each annual session of the multiple |
---|
486 | | - | 35 county property tax assessment board of appeals. The county assessor |
---|
487 | | - | 36 shall give the notice two (2) weeks before the first meeting of the |
---|
488 | | - | 37 multiple county property tax assessment board of appeals by: |
---|
489 | | - | 38 (1) publication of the notice within the geographic area over |
---|
490 | | - | 39 which the multiple county property tax assessment board of |
---|
491 | | - | 40 appeals has jurisdiction in the same manner as political |
---|
492 | | - | 41 subdivisions subject to IC 5-3-1-4(e) IC 5-3-1-4 are required to |
---|
493 | | - | 42 publish notice; and |
---|
| 449 | + | 1 information records of state agencies and local government. |
---|
| 450 | + | 2 (11) Notwithstanding IC 5-14-3-8, establish a schedule of fees for |
---|
| 451 | + | 3 services provided to patrons of the Indiana state archives, patrons |
---|
| 452 | + | 4 of the state imaging and microfilm laboratory, and state agencies. |
---|
| 453 | + | 5 A copying fee established under this subdivision may exceed the |
---|
| 454 | + | 6 copying fee set forth in IC 5-14-3-8(c). |
---|
| 455 | + | 7 (12) Advise the office of technology established by IC 4-13.1-2-1 |
---|
| 456 | + | 8 with respect to records management and archival principles as |
---|
| 457 | + | 9 applicable to the purchase of all electronic content and |
---|
| 458 | + | 10 information management systems. |
---|
| 459 | + | 11 (13) In coordination with the office of technology established |
---|
| 460 | + | 12 by IC 4-13.1-2-1, establish standards and guidelines for the |
---|
| 461 | + | 13 transfer and preservation of public notices from the state |
---|
| 462 | + | 14 public notice website to the Indiana records administration to |
---|
| 463 | + | 15 preserve public notices for historical purposes. |
---|
| 464 | + | 16 (14) Enter into memoranda of understanding with agencies, |
---|
| 465 | + | 17 as necessary, to ensure transfer of public notices from the |
---|
| 466 | + | 18 state public notice website under IC 5-3-1.6 to preserve public |
---|
| 467 | + | 19 notices for historical purposes. |
---|
| 468 | + | 20 (b) Fees collected under subsection (a)(11) shall be deposited in the |
---|
| 469 | + | 21 state archives preservation and reproduction account established by |
---|
| 470 | + | 22 section 5.3 of this chapter. |
---|
| 471 | + | 23 SECTION 10. IC 6-1.1-28-0.7, AS AMENDED BY THE |
---|
| 472 | + | 24 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL |
---|
| 473 | + | 25 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
| 474 | + | 26 JULY 1, 2025]: Sec. 0.7. The county assessor of the county responsible |
---|
| 475 | + | 27 for administration of a multiple county property tax assessment board |
---|
| 476 | + | 28 of appeals under section 0.5 of this chapter shall give notice of the |
---|
| 477 | + | 29 time, date, place, and purpose of each annual session of the multiple |
---|
| 478 | + | 30 county property tax assessment board of appeals. The county assessor |
---|
| 479 | + | 31 shall give the notice two (2) weeks before the first meeting of the |
---|
| 480 | + | 32 multiple county property tax assessment board of appeals by: |
---|
| 481 | + | 33 (1) publication of the notice within the geographic area over |
---|
| 482 | + | 34 which the multiple county property tax assessment board of |
---|
| 483 | + | 35 appeals has jurisdiction in the same manner as political |
---|
| 484 | + | 36 subdivisions subject to IC 5-3-1-4(e) IC 5-3-1-4 are required to |
---|
| 485 | + | 37 publish notice; and |
---|
| 486 | + | 38 (2) posting of the notice on the county assessor's Internet web site. |
---|
| 487 | + | 39 website. |
---|
| 488 | + | 40 SECTION 11. IC 36-8-12-16, AS AMENDED BY P.L.236-2023, |
---|
| 489 | + | 41 SECTION 201, IS AMENDED TO READ AS FOLLOWS |
---|
| 490 | + | 42 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department |
---|
495 | | - | 1 (2) posting of the notice on the county assessor's Internet web site. |
---|
496 | | - | 2 website. |
---|
497 | | - | 3 SECTION 11. IC 36-8-12-16, AS AMENDED BY P.L.236-2023, |
---|
498 | | - | 4 SECTION 201, IS AMENDED TO READ AS FOLLOWS |
---|
499 | | - | 5 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department |
---|
500 | | - | 6 that provides service within a jurisdiction served by the department |
---|
501 | | - | 7 may establish a schedule of charges for the services that the department |
---|
502 | | - | 8 provides not to exceed the state fire marshal's recommended schedule |
---|
503 | | - | 9 for services. The volunteer fire department or its agent may collect a |
---|
504 | | - | 10 service charge according to this schedule from the owner of property |
---|
505 | | - | 11 that receives service if the following conditions are met: |
---|
506 | | - | 12 (1) At the following times, the department gives notice under |
---|
507 | | - | 13 IC 5-3-1-4(d) IC 5-3-1-4 in each political subdivision served by |
---|
508 | | - | 14 the department of the amount of the service charge for each |
---|
509 | | - | 15 service that the department provides: |
---|
510 | | - | 16 (A) Before the schedule of service charges is initiated. |
---|
511 | | - | 17 (B) When there is a change in the amount of a service charge. |
---|
512 | | - | 18 (2) The property owner has not sent written notice to the |
---|
513 | | - | 19 department to refuse service by the department to the owner's |
---|
514 | | - | 20 property. |
---|
515 | | - | 21 (3) The bill for payment of the service charge: |
---|
516 | | - | 22 (A) is submitted to the property owner in writing within thirty |
---|
517 | | - | 23 (30) days after the services are provided; |
---|
518 | | - | 24 (B) includes a copy of a fire incident report in the form |
---|
519 | | - | 25 prescribed by the state fire marshal, if the service was |
---|
520 | | - | 26 provided for an event that requires a fire incident report; |
---|
521 | | - | 27 (C) must contain verification that the bill has been approved |
---|
522 | | - | 28 by the chief of the volunteer fire department; and |
---|
523 | | - | 29 (D) must contain language indicating that correspondence |
---|
524 | | - | 30 from the property owner and any question from the property |
---|
525 | | - | 31 owner regarding the bill should be directed to the department. |
---|
526 | | - | 32 (4) Payment is remitted directly to the governmental unit |
---|
527 | | - | 33 providing the service. |
---|
528 | | - | 34 (b) A volunteer fire department shall use the revenue collected from |
---|
529 | | - | 35 the fire service charges under this section: |
---|
530 | | - | 36 (1) for the purchase of equipment, buildings, and property for |
---|
531 | | - | 37 firefighting, fire protection, or other emergency services; |
---|
532 | | - | 38 (2) for deposit in the township firefighting and emergency |
---|
533 | | - | 39 services fund established under IC 36-8-13-4(a)(1) or the |
---|
534 | | - | 40 township firefighting fund established under |
---|
535 | | - | 41 IC 36-8-13-4(a)(2)(A); or |
---|
536 | | - | 42 (3) to pay principal and interest on a loan made by the department |
---|
| 492 | + | 1 that provides service within a jurisdiction served by the department |
---|
| 493 | + | 2 may establish a schedule of charges for the services that the department |
---|
| 494 | + | 3 provides not to exceed the state fire marshal's recommended schedule |
---|
| 495 | + | 4 for services. The volunteer fire department or its agent may collect a |
---|
| 496 | + | 5 service charge according to this schedule from the owner of property |
---|
| 497 | + | 6 that receives service if the following conditions are met: |
---|
| 498 | + | 7 (1) At the following times, the department gives notice under |
---|
| 499 | + | 8 IC 5-3-1-4(d) IC 5-3-1-4 in each political subdivision served by |
---|
| 500 | + | 9 the department of the amount of the service charge for each |
---|
| 501 | + | 10 service that the department provides: |
---|
| 502 | + | 11 (A) Before the schedule of service charges is initiated. |
---|
| 503 | + | 12 (B) When there is a change in the amount of a service charge. |
---|
| 504 | + | 13 (2) The property owner has not sent written notice to the |
---|
| 505 | + | 14 department to refuse service by the department to the owner's |
---|
| 506 | + | 15 property. |
---|
| 507 | + | 16 (3) The bill for payment of the service charge: |
---|
| 508 | + | 17 (A) is submitted to the property owner in writing within thirty |
---|
| 509 | + | 18 (30) days after the services are provided; |
---|
| 510 | + | 19 (B) includes a copy of a fire incident report in the form |
---|
| 511 | + | 20 prescribed by the state fire marshal, if the service was |
---|
| 512 | + | 21 provided for an event that requires a fire incident report; |
---|
| 513 | + | 22 (C) must contain verification that the bill has been approved |
---|
| 514 | + | 23 by the chief of the volunteer fire department; and |
---|
| 515 | + | 24 (D) must contain language indicating that correspondence |
---|
| 516 | + | 25 from the property owner and any question from the property |
---|
| 517 | + | 26 owner regarding the bill should be directed to the department. |
---|
| 518 | + | 27 (4) Payment is remitted directly to the governmental unit |
---|
| 519 | + | 28 providing the service. |
---|
| 520 | + | 29 (b) A volunteer fire department shall use the revenue collected from |
---|
| 521 | + | 30 the fire service charges under this section: |
---|
| 522 | + | 31 (1) for the purchase of equipment, buildings, and property for |
---|
| 523 | + | 32 firefighting, fire protection, or other emergency services; |
---|
| 524 | + | 33 (2) for deposit in the township firefighting and emergency |
---|
| 525 | + | 34 services fund established under IC 36-8-13-4(a)(1) or the |
---|
| 526 | + | 35 township firefighting fund established under |
---|
| 527 | + | 36 IC 36-8-13-4(a)(2)(A); or |
---|
| 528 | + | 37 (3) to pay principal and interest on a loan made by the department |
---|
| 529 | + | 38 of homeland security established by IC 10-19-2-1 or a division of |
---|
| 530 | + | 39 the department for the purchase of new or used firefighting and |
---|
| 531 | + | 40 other emergency equipment or apparatus. |
---|
| 532 | + | 41 (c) Any administrative fees charged by a fire department's agent |
---|
| 533 | + | 42 must be paid only from fees that are collected and allowed by Indiana |
---|
538 | | - | 1 of homeland security established by IC 10-19-2-1 or a division of |
---|
539 | | - | 2 the department for the purchase of new or used firefighting and |
---|
540 | | - | 3 other emergency equipment or apparatus. |
---|
541 | | - | 4 (c) Any administrative fees charged by a fire department's agent |
---|
542 | | - | 5 must be paid only from fees that are collected and allowed by Indiana |
---|
543 | | - | 6 law and the fire marshal's schedule of fees. |
---|
544 | | - | 7 (d) An agent who processes fees on behalf of a fire department shall |
---|
545 | | - | 8 send all bills, notices, and other related materials to both the fire |
---|
546 | | - | 9 department and the person being billed for services. |
---|
547 | | - | 10 (e) All fees allowed by Indiana law and the fire marshal's fee |
---|
548 | | - | 11 schedule must be itemized separately from any other charges. |
---|
549 | | - | 12 (f) If at least twenty-five percent (25%) of the money received by a |
---|
550 | | - | 13 volunteer fire department for providing fire protection or emergency |
---|
551 | | - | 14 services is received under one (1) or more contracts with one (1) or |
---|
552 | | - | 15 more political subdivisions (as defined in IC 34-6-2-110), the |
---|
553 | | - | 16 legislative body of a contracting political subdivision must approve the |
---|
554 | | - | 17 schedule of service charges established under subsection (a) before the |
---|
555 | | - | 18 schedule of service charges is initiated in that political subdivision. |
---|
556 | | - | 19 (g) A volunteer fire department that: |
---|
557 | | - | 20 (1) has contracted with a political subdivision to provide fire |
---|
558 | | - | 21 protection or emergency services; and |
---|
559 | | - | 22 (2) charges for services under this section; |
---|
560 | | - | 23 must submit a report to the legislative body of the political subdivision |
---|
561 | | - | 24 before April 1 of each year indicating the amount of service charges |
---|
562 | | - | 25 collected during the previous calendar year and how those funds have |
---|
563 | | - | 26 been expended. |
---|
564 | | - | 27 (h) The state fire marshal shall annually prepare and publish a |
---|
565 | | - | 28 recommended schedule of service charges for fire protection services. |
---|
566 | | - | 29 (i) The volunteer fire department or its agent may maintain a civil |
---|
567 | | - | 30 action to recover an unpaid service charge under this section and may, |
---|
568 | | - | 31 if it prevails, recover all costs of the action, including reasonable |
---|
569 | | - | 32 attorney's fees. |
---|
570 | | - | 33 SECTION 12. IC 36-8-12-17, AS AMENDED BY P.L.236-2023, |
---|
571 | | - | 34 SECTION 202, IS AMENDED TO READ AS FOLLOWS |
---|
572 | | - | 35 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has |
---|
573 | | - | 36 not imposed its own false alarm fee or service charge, a volunteer fire |
---|
574 | | - | 37 department that provides service within the jurisdiction may establish |
---|
575 | | - | 38 a service charge for responding to false alarms. The volunteer fire |
---|
576 | | - | 39 department may collect the false alarm service charge from the owner |
---|
577 | | - | 40 of the property if the volunteer fire department dispatches firefighting |
---|
578 | | - | 41 apparatus or personnel to a building or premises in the township in |
---|
579 | | - | 42 response to: |
---|
| 535 | + | 1 law and the fire marshal's schedule of fees. |
---|
| 536 | + | 2 (d) An agent who processes fees on behalf of a fire department shall |
---|
| 537 | + | 3 send all bills, notices, and other related materials to both the fire |
---|
| 538 | + | 4 department and the person being billed for services. |
---|
| 539 | + | 5 (e) All fees allowed by Indiana law and the fire marshal's fee |
---|
| 540 | + | 6 schedule must be itemized separately from any other charges. |
---|
| 541 | + | 7 (f) If at least twenty-five percent (25%) of the money received by a |
---|
| 542 | + | 8 volunteer fire department for providing fire protection or emergency |
---|
| 543 | + | 9 services is received under one (1) or more contracts with one (1) or |
---|
| 544 | + | 10 more political subdivisions (as defined in IC 34-6-2-110), the |
---|
| 545 | + | 11 legislative body of a contracting political subdivision must approve the |
---|
| 546 | + | 12 schedule of service charges established under subsection (a) before the |
---|
| 547 | + | 13 schedule of service charges is initiated in that political subdivision. |
---|
| 548 | + | 14 (g) A volunteer fire department that: |
---|
| 549 | + | 15 (1) has contracted with a political subdivision to provide fire |
---|
| 550 | + | 16 protection or emergency services; and |
---|
| 551 | + | 17 (2) charges for services under this section; |
---|
| 552 | + | 18 must submit a report to the legislative body of the political subdivision |
---|
| 553 | + | 19 before April 1 of each year indicating the amount of service charges |
---|
| 554 | + | 20 collected during the previous calendar year and how those funds have |
---|
| 555 | + | 21 been expended. |
---|
| 556 | + | 22 (h) The state fire marshal shall annually prepare and publish a |
---|
| 557 | + | 23 recommended schedule of service charges for fire protection services. |
---|
| 558 | + | 24 (i) The volunteer fire department or its agent may maintain a civil |
---|
| 559 | + | 25 action to recover an unpaid service charge under this section and may, |
---|
| 560 | + | 26 if it prevails, recover all costs of the action, including reasonable |
---|
| 561 | + | 27 attorney's fees. |
---|
| 562 | + | 28 SECTION 12. IC 36-8-12-17, AS AMENDED BY P.L.236-2023, |
---|
| 563 | + | 29 SECTION 202, IS AMENDED TO READ AS FOLLOWS |
---|
| 564 | + | 30 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has |
---|
| 565 | + | 31 not imposed its own false alarm fee or service charge, a volunteer fire |
---|
| 566 | + | 32 department that provides service within the jurisdiction may establish |
---|
| 567 | + | 33 a service charge for responding to false alarms. The volunteer fire |
---|
| 568 | + | 34 department may collect the false alarm service charge from the owner |
---|
| 569 | + | 35 of the property if the volunteer fire department dispatches firefighting |
---|
| 570 | + | 36 apparatus or personnel to a building or premises in the township in |
---|
| 571 | + | 37 response to: |
---|
| 572 | + | 38 (1) an alarm caused by improper installation or improper |
---|
| 573 | + | 39 maintenance; or |
---|
| 574 | + | 40 (2) a drill or test, if the fire department is not previously notified |
---|
| 575 | + | 41 that the alarm is a drill or test. |
---|
| 576 | + | 42 However, if the owner of property that constitutes the owner's residence |
---|
581 | | - | 1 (1) an alarm caused by improper installation or improper |
---|
582 | | - | 2 maintenance; or |
---|
583 | | - | 3 (2) a drill or test, if the fire department is not previously notified |
---|
584 | | - | 4 that the alarm is a drill or test. |
---|
585 | | - | 5 However, if the owner of property that constitutes the owner's residence |
---|
586 | | - | 6 establishes that the alarm is under a maintenance contract with an |
---|
587 | | - | 7 alarm company and that the alarm company has been notified of the |
---|
588 | | - | 8 improper installation or maintenance of the alarm, the alarm company |
---|
589 | | - | 9 is liable for the payment of the fee or service charge. |
---|
590 | | - | 10 (b) Before establishing a false alarm service charge, the volunteer |
---|
591 | | - | 11 fire department must provide notice under IC 5-3-1-4(d) IC 5-3-1-4 in |
---|
592 | | - | 12 each political subdivision served by the department of the amount of |
---|
593 | | - | 13 the false alarm service charge. The notice required by this subsection |
---|
594 | | - | 14 must be given: |
---|
595 | | - | 15 (1) before the false alarm service charge is initiated; and |
---|
596 | | - | 16 (2) before a change in the amount of the false alarm service |
---|
597 | | - | 17 charge. |
---|
598 | | - | 18 (c) A volunteer fire department may not collect a false alarm service |
---|
599 | | - | 19 charge from a property owner or alarm company unless the |
---|
600 | | - | 20 department's bill for payment of the service charge: |
---|
601 | | - | 21 (1) is submitted to the property owner in writing within thirty (30) |
---|
602 | | - | 22 days after the false alarm; and |
---|
603 | | - | 23 (2) includes a copy of a fire incident report in the form prescribed |
---|
604 | | - | 24 by the state fire marshal. |
---|
605 | | - | 25 (d) A volunteer fire department shall use the money collected from |
---|
606 | | - | 26 the false alarm service charge imposed under this section: |
---|
607 | | - | 27 (1) for the purchase of equipment, buildings, and property for fire |
---|
608 | | - | 28 fighting, fire protection, or other emergency services; |
---|
609 | | - | 29 (2) for deposit in the township firefighting and emergency |
---|
610 | | - | 30 services fund established under IC 36-8-13-4(a)(1) or the |
---|
611 | | - | 31 township firefighting fund established under |
---|
612 | | - | 32 IC 36-8-13-4(a)(2)(A); or |
---|
613 | | - | 33 (3) to pay principal and interest on a loan made by the department |
---|
614 | | - | 34 of homeland security established by IC 10-19-2-1 or a division of |
---|
615 | | - | 35 the department for the purchase of new or used firefighting and |
---|
616 | | - | 36 other emergency equipment or apparatus. |
---|
617 | | - | 37 (e) If at least twenty-five percent (25%) of the money received by a |
---|
618 | | - | 38 volunteer fire department for providing fire protection or emergency |
---|
619 | | - | 39 services is received under one (1) or more contracts with one (1) or |
---|
620 | | - | 40 more political subdivisions (as defined in IC 34-6-2-110), the |
---|
621 | | - | 41 legislative body of a contracting political subdivision must approve the |
---|
622 | | - | 42 false alarm service charge established under subsection (a) before the |
---|
| 578 | + | 1 establishes that the alarm is under a maintenance contract with an |
---|
| 579 | + | 2 alarm company and that the alarm company has been notified of the |
---|
| 580 | + | 3 improper installation or maintenance of the alarm, the alarm company |
---|
| 581 | + | 4 is liable for the payment of the fee or service charge. |
---|
| 582 | + | 5 (b) Before establishing a false alarm service charge, the volunteer |
---|
| 583 | + | 6 fire department must provide notice under IC 5-3-1-4(d) IC 5-3-1-4 in |
---|
| 584 | + | 7 each political subdivision served by the department of the amount of |
---|
| 585 | + | 8 the false alarm service charge. The notice required by this subsection |
---|
| 586 | + | 9 must be given: |
---|
| 587 | + | 10 (1) before the false alarm service charge is initiated; and |
---|
| 588 | + | 11 (2) before a change in the amount of the false alarm service |
---|
| 589 | + | 12 charge. |
---|
| 590 | + | 13 (c) A volunteer fire department may not collect a false alarm service |
---|
| 591 | + | 14 charge from a property owner or alarm company unless the |
---|
| 592 | + | 15 department's bill for payment of the service charge: |
---|
| 593 | + | 16 (1) is submitted to the property owner in writing within thirty (30) |
---|
| 594 | + | 17 days after the false alarm; and |
---|
| 595 | + | 18 (2) includes a copy of a fire incident report in the form prescribed |
---|
| 596 | + | 19 by the state fire marshal. |
---|
| 597 | + | 20 (d) A volunteer fire department shall use the money collected from |
---|
| 598 | + | 21 the false alarm service charge imposed under this section: |
---|
| 599 | + | 22 (1) for the purchase of equipment, buildings, and property for fire |
---|
| 600 | + | 23 fighting, fire protection, or other emergency services; |
---|
| 601 | + | 24 (2) for deposit in the township firefighting and emergency |
---|
| 602 | + | 25 services fund established under IC 36-8-13-4(a)(1) or the |
---|
| 603 | + | 26 township firefighting fund established under |
---|
| 604 | + | 27 IC 36-8-13-4(a)(2)(A); or |
---|
| 605 | + | 28 (3) to pay principal and interest on a loan made by the department |
---|
| 606 | + | 29 of homeland security established by IC 10-19-2-1 or a division of |
---|
| 607 | + | 30 the department for the purchase of new or used firefighting and |
---|
| 608 | + | 31 other emergency equipment or apparatus. |
---|
| 609 | + | 32 (e) If at least twenty-five percent (25%) of the money received by a |
---|
| 610 | + | 33 volunteer fire department for providing fire protection or emergency |
---|
| 611 | + | 34 services is received under one (1) or more contracts with one (1) or |
---|
| 612 | + | 35 more political subdivisions (as defined in IC 34-6-2-110), the |
---|
| 613 | + | 36 legislative body of a contracting political subdivision must approve the |
---|
| 614 | + | 37 false alarm service charge established under subsection (a) before the |
---|
| 615 | + | 38 service charge is initiated in that political subdivision. |
---|
| 616 | + | 39 (f) A volunteer fire department that: |
---|
| 617 | + | 40 (1) has contracted with a political subdivision to provide fire |
---|
| 618 | + | 41 protection or emergency services; and |
---|
| 619 | + | 42 (2) imposes a false alarm service charge under this section; |
---|
643 | 635 | | HB 1312—LS 7336/DI 87 16 |
---|
644 | 636 | | COMMITTEE REPORT |
---|
645 | 637 | | Mr. Speaker: Your Committee on Government and Regulatory |
---|
646 | 638 | | Reform, to which was referred House Bill 1312, has had the same |
---|
647 | 639 | | under consideration and begs leave to report the same back to the |
---|
648 | 640 | | House with the recommendation that said bill be amended as follows: |
---|
649 | 641 | | Page 4, line 23, delete "Indiana archives and records" and insert |
---|
650 | 642 | | "office of technology established by IC 4-13.1-2-1". |
---|
651 | 643 | | Page 4, line 24, delete "administration". |
---|
652 | 644 | | Page 4, delete lines 26 through 42, begin a new paragraph and |
---|
653 | 645 | | insert: |
---|
654 | 646 | | "SECTION 4. IC 5-3-1-1.5, AS AMENDED BY P.L.146-2024, |
---|
655 | 647 | | SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
---|
656 | 648 | | JULY 1, 2025]: Sec. 1.5. (a) This section applies to a notice that must |
---|
657 | 649 | | be published in accordance with this chapter. |
---|
658 | 650 | | (b) As used in this section, "political subdivision" has the |
---|
659 | 651 | | meaning set forth in IC 5-3-5-3. |
---|
660 | 652 | | (c) As used in this chapter, "state agency" has the meaning set |
---|
661 | 653 | | forth in IC 1-1-15-3. |
---|
662 | 654 | | (b) If a newspaper or locality newspaper maintains a website, a |
---|
663 | 655 | | notice that is published in the newspaper or locality newspaper must |
---|
664 | 656 | | also be posted on the website of the newspaper or locality newspaper. |
---|
665 | 657 | | The notice must appear on the website on the same day the notice |
---|
666 | 658 | | appears in the newspaper or locality newspaper. |
---|
667 | 659 | | (c) The state board of accounts shall develop a standard form for |
---|
668 | 660 | | notices posted on a newspaper's or locality newspaper's website. |
---|
669 | 661 | | (d) A newspaper or locality newspaper may not charge a fee for |
---|
670 | 662 | | posting a notice on the newspaper's or locality newspaper's website |
---|
671 | 663 | | under this section. |
---|
672 | 664 | | (d) Notwithstanding any express statutory requirement of |
---|
673 | 665 | | publishing a notice in a specific form of media, a person satisfies |
---|
674 | 666 | | the statutory requirement by publishing the notice in any of the |
---|
675 | 667 | | following media: |
---|
676 | 668 | | (1) Publication in any of the following forms of a newspaper: |
---|
677 | 669 | | (A) A print edition newspaper that is published in or |
---|
678 | 670 | | circulates within the political subdivision specified in the |
---|
679 | 671 | | statute. |
---|
680 | 672 | | (B) An electronic edition published by the newspaper |
---|
681 | 673 | | described in clause (A). |
---|
682 | 674 | | (2) Publication in any of the following forms of a locality |
---|
683 | 675 | | newspaper: |
---|
684 | 676 | | (A) A print edition locality newspaper that circulates |
---|
685 | 677 | | within the political subdivision specified in the statute. |
---|
686 | 678 | | HB 1312—LS 7336/DI 87 17 |
---|
687 | 679 | | (B) An electronic edition published by the locality |
---|
688 | 680 | | newspaper described in clause (A). |
---|
689 | 681 | | (3) Publication on the state public notice website under |
---|
690 | 682 | | IC 5-3-1.6 in accordance with the following: |
---|
691 | 683 | | (A) Beginning July 1, 2026: |
---|
692 | 684 | | (i) a state agency; or |
---|
693 | 685 | | (ii) a political subdivision primarily located within a |
---|
694 | 686 | | county having a population of not more than fifty |
---|
695 | 687 | | thousand (50,000); |
---|
696 | 688 | | may make the first publication of a notice and any |
---|
697 | 689 | | subsequent publications of the notice that are required by |
---|
698 | 690 | | law on the state public notice website. |
---|
699 | 691 | | (B) Beginning January 1, 2027, a political subdivision |
---|
700 | 692 | | primarily located within a county having a population of |
---|
701 | 693 | | not more than one hundred thousand (100,000) may make |
---|
702 | 694 | | the first publication of a notice and any subsequent |
---|
703 | 695 | | publications of the notice that are required by law on the |
---|
704 | 696 | | state public notice website. |
---|
705 | 697 | | (C) Beginning July 1, 2027, any body corporate and politic |
---|
706 | 698 | | or other instrumentality of state or local government not |
---|
707 | 699 | | described in subdivision (1) or (2) may make the first |
---|
708 | 700 | | publication of a notice and any subsequent publications of |
---|
709 | 701 | | the notice that are required by law on the state public |
---|
710 | 702 | | notice website. |
---|
711 | 703 | | (4) Publication on a political subdivision website under |
---|
712 | 704 | | IC 5-3-5 until the date that the person is authorized under |
---|
713 | 705 | | subdivision (3) to publish notice on the state public notice |
---|
714 | 706 | | website. |
---|
715 | 707 | | (e) This section does not exempt a person from complying with |
---|
716 | 708 | | any other statutory requirement, including deadlines for |
---|
717 | 709 | | publication of notice and frequency of publication. However, |
---|
718 | 710 | | notwithstanding any law that requires a public notice to be |
---|
719 | 711 | | published on at least two (2) days and for a specified frequency, a |
---|
720 | 712 | | notice published on the state public notice website shall be |
---|
721 | 713 | | maintained on the state public notice website for the period as set |
---|
722 | 714 | | forth in IC 5-3-1.6-4. |
---|
723 | 715 | | (f) A newspaper or locality newspaper may not: |
---|
724 | 716 | | (1) charge a person a fee for viewing or searching the |
---|
725 | 717 | | newspaper's or locality newspaper's electronic edition for |
---|
726 | 718 | | public notices; or |
---|
727 | 719 | | (2) require a person to register on the newspaper's or locality |
---|
728 | 720 | | newspaper's website in order to view or search for public |
---|
729 | 721 | | HB 1312—LS 7336/DI 87 18 |
---|
730 | 722 | | notices in the electronic edition. |
---|
731 | 723 | | (g) The basic charge for publication of a notice in an electronic |
---|
732 | 724 | | edition of a newspaper or locality newspaper shall be the same as |
---|
733 | 725 | | the basic charge for publication of the notice in the print edition in |
---|
734 | 726 | | accordance with section 1 of this chapter.". |
---|
735 | 727 | | Page 5, delete lines 1 through 35. |
---|
736 | 728 | | Page 6, line 27, delete "1.5(b)" and insert "1.5(d)". |
---|
737 | 729 | | Page 6, line 31, delete "1.5(b)" and insert "1.5(d)". |
---|
738 | 730 | | Page 8, delete lines 14 through 17, begin a new paragraph and |
---|
739 | 731 | | insert: |
---|
740 | 732 | | "Sec. 2. Not later than July 1, 2026, the office of technology |
---|
741 | 733 | | established by IC 4-13.1-2-1 shall establish and operate a state |
---|
742 | 734 | | public notice website as a repository for public notices.". |
---|
743 | 735 | | Page 9, line 2, delete "Indiana archives and records administration" |
---|
744 | 736 | | and insert "office of technology". |
---|
745 | 737 | | Page 10, between lines 27 and 28, begin a new line block indented |
---|
746 | 738 | | and insert: |
---|
747 | 739 | | "(13) In coordination with the office of technology established |
---|
748 | 740 | | by IC 4-13.1-2-1, establish standards and guidelines for the |
---|
749 | 741 | | transfer and preservation of public notices from the state |
---|
750 | 742 | | public notice website to the Indiana records administration to |
---|
751 | 743 | | preserve public notices for historical purposes. |
---|
752 | 744 | | (14) Enter into memoranda of understanding with agencies, |
---|
753 | 745 | | as necessary, to ensure transfer of public notices from the |
---|
754 | 746 | | state public notice website under IC 5-3-1.6 to preserve public |
---|
755 | 747 | | notices for historical purposes.". |
---|
756 | 748 | | Page 10, delete lines 31 and 32. |
---|
757 | 749 | | Renumber all SECTIONS consecutively. |
---|
758 | 750 | | and when so amended that said bill do pass. |
---|
759 | 751 | | (Reference is to HB 1312 as introduced.) |
---|
760 | 752 | | MILLER D |
---|
761 | 753 | | Committee Vote: yeas 11, nays 0. |
---|
762 | 754 | | HB 1312—LS 7336/DI 87 19 |
---|
763 | 755 | | COMMITTEE REPORT |
---|
764 | 756 | | Mr. Speaker: Your Committee on Ways and Means, to which was |
---|
765 | 757 | | referred House Bill 1312, has had the same under consideration and |
---|
766 | 758 | | begs leave to report the same back to the House with the |
---|
767 | 759 | | recommendation that said bill do pass. |
---|
768 | 760 | | (Reference is to HB 1312 as printed February 3, 2025.) |
---|
769 | 761 | | THOMPSON |
---|
770 | 762 | | Committee Vote: Yeas 11, Nays 7 |
---|