Indiana 2025 Regular Session

Indiana House Bill HB1312 Compare Versions

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1-*HB1312.3*
2-Reprinted
3-February 18, 2025
1+*HB1312.2*
2+February 13, 2025
43 HOUSE BILL No. 1312
54 _____
6-DIGEST OF HB 1312 (Updated February 17, 2025 4:33 pm - DI 87)
5+DIGEST OF HB 1312 (Updated February 12, 2025 7:49 am - DI 140)
76 Citations Affected: IC 5-3; IC 5-15; IC 6-1.1; IC 36-8; noncode.
87 Synopsis: Public notices. Requires the Indiana office of technology
98 (office) to establish a state public notice website not later than July 1,
109 2026. Prohibits the office from charging a fee for publishing or viewing
1110 notices. Allows a person to satisfy any notice statute by publishing
1211 notice in any of the following forms of media: (1) Newspaper,
1312 including print edition or electronic edition. (2) Locality newspaper,
1413 including print edition or electronic edition. (3) The state public notice
1514 website. (4) Political subdivision website. Requires the Indiana
1615 archives and records administration (administration) to establish
1716 standards and guidelines and enter into memoranda of understanding
1817 with agencies for the transfer and preservation of public notices from
1918 the state public notice website to the administration to preserve public
2019 notices for historical purposes. Phases out the publication of notices on
2120 the political subdivision website. Phases in the publication of notices
2221 on the state public notice website.
2322 Effective: July 1, 2025.
2423 Meltzer, Miller D, Zimmerman
2524 January 13, 2025, read first time and referred to Committee on Government and Regulatory
2625 Reform.
2726 February 3, 2025, amended, reported — Do Pass. Referred to Committee on Ways and
2827 Means pursuant to Rule 126.3.
2928 February 13, 2025, reported — Do Pass.
30-February 17, 2025, read second time, amended, ordered engrossed.
31-HB 1312—LS 7336/DI 87 Reprinted
32-February 18, 2025
29+HB 1312—LS 7336/DI 87 February 13, 2025
3330 First Regular Session of the 124th General Assembly (2025)
3431 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
3532 Constitution) is being amended, the text of the existing provision will appear in this style type,
3633 additions will appear in this style type, and deletions will appear in this style type.
3734 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
3835 provision adopted), the text of the new provision will appear in this style type. Also, the
3936 word NEW will appear in that style type in the introductory clause of each SECTION that adds
4037 a new provision to the Indiana Code or the Indiana Constitution.
4138 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
4239 between statutes enacted by the 2024 Regular Session of the General Assembly.
4340 HOUSE BILL No. 1312
4441 A BILL FOR AN ACT to amend the Indiana Code concerning state
4542 and local administration.
4643 Be it enacted by the General Assembly of the State of Indiana:
4744 1 SECTION 1. IC 5-3-1-0.8 IS ADDED TO THE INDIANA CODE
4845 2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
4946 3 1, 2025]: Sec. 0.8. As used in this chapter, "state public notice
5047 4 website" means the website established under IC 5-3-1.6.
5148 5 SECTION 2. IC 5-3-1-0.9, AS ADDED BY P.L.122-2024,
5249 6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5350 7 JULY 1, 2025]: Sec. 0.9. (a) This section applies to the publication of
5451 8 notice of an event that meets both of the following requirements:
5552 9 (1) Notice of the event is required by statute to be published two
5653 10 (2) or more times.
5754 11 (2) Notice is published:
5855 12 (A) at least one (1) time before July 1, 2024; and
5956 13 (B) at least one (1) time after June 30, 2024.
6057 14 (b) Sections 0.2, 0.4, and 0.7 of this chapter (as in effect on June 30,
6158 15 2024) continue to apply to any notices of the event that are published
6259 16 after June 30, 2024, as if SEA 252-2024 had not been enacted.
6360 17 (c) This section expires July 1, 2027. 2025.
6461 HB 1312—LS 7336/DI 87 2
6562 1 SECTION 3. IC 5-3-1-1, AS AMENDED BY P.L.84-2023,
6663 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6764 3 JULY 1, 2025]: Sec. 1. (a) The cost of all public notice advertising
6865 4 which any elected or appointed public official or governmental agency
6966 5 is required by law to have published, or orders published, for which the
7067 6 compensation to the newspapers, locality newspapers, or qualified
7168 7 publications publishing such advertising is drawn from and is the
7269 8 ultimate obligation of the public treasury of the governmental unit
7370 9 concerned with the advertising shall be charged to and collected from
7471 10 the proper fund of the public treasury and paid over to the newspapers,
7572 11 locality newspapers, or qualified publications publishing such
7673 12 advertising, after proof of publication and claim for payment has been
7774 13 filed.
7875 14 (b) The basic charges for publishing public notice advertising shall
7976 15 be by the line and shall be computed based on a square of two hundred
8077 16 and fifty (250) ems at the following rates:
8178 17 (1) Before January 1, 1996, three dollars and thirty cents ($3.30)
8279 18 per square for the first insertion in newspapers or qualified
8380 19 publications plus one dollar and sixty-five cents ($1.65) per
8481 20 square for each additional insertion in newspapers, or qualified
8582 21 publications.
8683 22 (2) After December 31, 1995, and before December 31, 2005, a
8784 23 newspaper or qualified publication may, effective January 1 of
8885 24 any year, increase the basic charges by five percent (5%) more
8986 25 than the basic charges that were in effect during the previous year.
9087 26 However, the basic charges for the first insertion of a public
9188 27 notice in a newspaper, or qualified publication may not exceed the
9289 28 lowest classified advertising rate charged to advertisers by the
9390 29 newspaper, or qualified publication for comparable use of the
9491 30 same amount of space for other purposes.
9592 31 (3) After December 31, 2009, and before January 1, 2017, a
9693 32 newspaper or qualified publication may, effective January 1 of
9794 33 any year, increase the basic charges by not more than two and
9895 34 three-quarters percent (2.75%) more than the basic charges that
9996 35 were in effect during the previous year. However, the basic
10097 36 charges for the first insertion of a public notice in a newspaper or
10198 37 qualified publication may not exceed the lowest classified
10299 38 advertising rate charged to advertisers by the newspaper or
103100 39 qualified publication for comparable use of the same amount of
104101 40 space for other purposes and must include all multiple insertion
105102 41 discounts extended to the newspaper's other advertisers.
106103 42 (4) After December 31, 2016, a newspaper, locality newspaper,
107104 HB 1312—LS 7336/DI 87 3
108105 1 or qualified publication may, effective January 1 of any year,
109106 2 increase the basic charges by not more than two and
110107 3 three-quarters percent (2.75%) more than the basic charges that
111108 4 were in effect during the previous year. However, the basic
112109 5 charges for the first insertion of a public notice in a newspaper,
113110 6 locality newspaper, or qualified publication may not exceed the
114111 7 lowest classified advertising rate charged to advertisers by the
115112 8 newspaper, locality newspaper, or qualified publication for
116113 9 comparable use of the same amount of space for other purposes
117114 10 and must include all multiple insertion discounts extended to the
118115 11 newspaper's, locality newspaper's, or qualified publication's other
119116 12 advertisers.
120117 13 An additional charge of fifty percent (50%) shall be allowed for the
121118 14 publication of all public notice advertising containing rule or tabular
122119 15 work.
123120 16 (c) All public notice advertisements shall be set in solid type that is
124121 17 at least 7 point type, without any leads or other devices for increasing
125122 18 space. All public notice advertisements shall be headed by not more
126123 19 than two (2) lines, neither of which shall total more than four (4) solid
127124 20 lines of the type in which the body of the advertisement is set. Public
128125 21 notice advertisements may be submitted by an appointed or elected
129126 22 official or a governmental agency to a newspaper, locality newspaper,
130127 23 or qualified publication in electronic form, if the newspaper, locality
131128 24 newspaper, or qualified publication is equipped to accept information
132129 25 in compatible electronic form.
133130 26 (d) Each newspaper, locality newspaper, or qualified publication
134131 27 publishing public notice advertising shall submit proof of publication
135132 28 and claim for payment in duplicate on each public notice advertisement
136133 29 published. For each additional proof of publication required by a public
137134 30 official, a charge of one dollar ($1) per copy shall be allowed each
138135 31 newspaper, locality newspaper, or qualified publication furnishing
139136 32 proof of publication.
140137 33 (e) The circulation of a newspaper, locality newspaper, or qualified
141138 34 publication is determined as follows:
142139 35 (1) For a newspaper, by the circulation stated on line 10.C. (Total
143140 36 Paid and/or Requested Circulation of Single Issue Published
144141 37 Nearest to Filing Date) of the Statement of Ownership,
145142 38 Management and Circulation required by 39 U.S.C. 3685 that was
146143 39 filed during the previous year.
147144 40 (2) For a locality newspaper, by a verified affidavit filed with each
148145 41 agency, department, or office of the political subdivision that has
149146 42 public notices the locality newspaper wants to publish. The
150147 HB 1312—LS 7336/DI 87 4
151148 1 affidavit must:
152149 2 (A) be filed with the agency, department, or office of the
153150 3 political subdivision before January 1 of each year; and
154151 4 (B) attest to the circulation of the locality newspaper for the
155152 5 issue published nearest to October 1 of the previous year, as
156153 6 determined by an independent audit of the locality newspaper
157154 7 performed for the previous year.
158155 8 (3) For a qualified publication, by a verified affidavit filed with
159156 9 each governmental agency that has public notices the qualified
160157 10 publication wants to publish. The affidavit must:
161158 11 (A) be filed with the governmental agency before January 1 of
162159 12 each year; and
163160 13 (B) attest to the circulation of the qualified publication for the
164161 14 issue published nearest to October 1 of the previous year.
165162 15 (f) This subsection applies to a towing service acting as an agent of
166163 16 a governmental agency to facilitate the removal of abandoned vehicles
167164 17 or parts. A towing service shall be charged the basic rates charged for
168165 18 all public notice advertising in subsection (b)(4) for providing the
169166 19 notice required under IC 9-22-1-23.
170167 20 (g) The basic charge for publication of a notice in an electronic
171168 21 edition of a newspaper or locality newspaper shall be the same as
172169 22 the basic charge for publication of the notice in the print edition.
173170 23 (h) After June 30, 2026, the office of technology established by
174171 24 IC 4-13.1-2-1 may not charge a fee to publish a notice on the state
175172 25 public notice website.
176173 26 SECTION 4. IC 5-3-1-1.5, AS AMENDED BY P.L.146-2024,
177174 27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
178175 28 JULY 1, 2025]: Sec. 1.5. (a) This section applies to a notice that must
179176 29 be published in accordance with this chapter.
180177 30 (b) As used in this section, "political subdivision" has the
181178 31 meaning set forth in IC 5-3-5-3.
182179 32 (c) As used in this chapter, "state agency" has the meaning set
183180 33 forth in IC 1-1-15-3.
184181 34 (b) If a newspaper or locality newspaper maintains a website, a
185182 35 notice that is published in the newspaper or locality newspaper must
186183 36 also be posted on the website of the newspaper or locality newspaper.
187184 37 The notice must appear on the website on the same day the notice
188185 38 appears in the newspaper or locality newspaper.
189186 39 (c) The state board of accounts shall develop a standard form for
190187 40 notices posted on a newspaper's or locality newspaper's website.
191188 41 (d) A newspaper or locality newspaper may not charge a fee for
192189 42 posting a notice on the newspaper's or locality newspaper's website
193190 HB 1312—LS 7336/DI 87 5
194191 under this section.1
195192 2 (d) Notwithstanding any express statutory requirement of
196193 3 publishing a notice in a specific form of media, a person satisfies
197194 4 the statutory requirement by publishing the notice in any of the
198195 5 following media:
199196 6 (1) Publication in any of the following forms of a newspaper:
200197 7 (A) A print edition newspaper that is published in or
201198 8 circulates within the political subdivision specified in the
202199 9 statute.
203200 10 (B) An electronic edition published by the newspaper
204201 11 described in clause (A).
205202 12 (2) Publication in any of the following forms of a locality
206203 13 newspaper:
207204 14 (A) A print edition locality newspaper that circulates
208205 15 within the political subdivision specified in the statute.
209206 16 (B) An electronic edition published by the locality
210207 17 newspaper described in clause (A).
211208 18 (3) Publication on the state public notice website under
212209 19 IC 5-3-1.6 in accordance with the following:
213210 20 (A) Beginning July 1, 2026:
214211 21 (i) a state agency; or
215212 22 (ii) a political subdivision primarily located within a
216213 23 county having a population of not more than fifty
217214 24 thousand (50,000);
218215 25 may make the first publication of a notice and any
219216 26 subsequent publications of the notice that are required by
220217 27 law on the state public notice website.
221218 28 (B) Beginning January 1, 2027, a political subdivision
222219 29 primarily located within a county having a population of
223220 30 not more than one hundred thousand (100,000) may make
224221 31 the first publication of a notice and any subsequent
225222 32 publications of the notice that are required by law on the
226223 33 state public notice website.
227224 34 (C) Beginning July 1, 2027, any body corporate and politic
228225 35 or other instrumentality of state or local government not
229226 36 described in subdivision (1) or (2) may make the first
230227 37 publication of a notice and any subsequent publications of
231228 38 the notice that are required by law on the state public
232229 39 notice website.
233230 40 (4) Publication on a political subdivision website under
234231 41 IC 5-3-5 until the date that the person is authorized under
235232 42 subdivision (3) to publish notice on the state public notice
236233 HB 1312—LS 7336/DI 87 6
237234 1 website.
238235 2 (e) This section does not exempt a person from complying with
239236 3 any other statutory requirement, including deadlines for
240237 publication of notice and frequency of publication. 4 However,
241238 5 notwithstanding any law that requires a public notice to be
242239 6 published on at least two (2) days and for a specified frequency, a
243240 7 notice published on the state public notice website shall be
244241 8 maintained on the state public notice website for the period as set
245242 forth in IC 5-3-1.6-4.9
246243 10 (f) A newspaper or locality newspaper may not:
247244 11 (1) charge a person a fee for viewing or searching the
248245 12 newspaper's or locality newspaper's electronic edition for
249246 13 public notices; or
250247 14 (2) require a person to register on the newspaper's or locality
251248 15 newspaper's website in order to view or search for public
252249 16 notices in the electronic edition.
253250 17 (g) The basic charge for publication of a notice in an electronic
254251 18 edition of a newspaper or locality newspaper shall be the same as
255252 19 the basic charge for publication of the notice in the print edition in
256253 20 accordance with section 1 of this chapter.
257254 21 SECTION 5. IC 5-3-1-1.6 IS REPEALED [EFFECTIVE JULY 1,
258255 22 2025]. Sec. 1.6. (a) This section applies to a notice published by a
259256 23 political subdivision in a newspaper or locality newspaper under
260257 24 section 4 of this chapter.
261258 25 (b) This subsection applies if a newspaper or locality newspaper
262259 26 publishes:
263260 27 (1) a print edition not more than three (3) times a week; and
264261 28 (2) an electronic edition.
265262 29 A notice may be published in either the print edition or the electronic
266263 30 edition.
267264 31 (c) This subsection applies if a newspaper or locality newspaper:
268265 32 (1) publishes a print edition not more than two (2) times a week;
269266 33 and
270267 34 (2) does not publish an electronic edition.
271268 35 A notice may be published in either the print edition or on the website
272269 36 of the newspaper or locality newspaper. If the newspaper or locality
273270 37 newspaper does not maintain a website, a notice may be published in
274271 38 either the print edition or on the political subdivision's official website
275272 39 (as defined in IC 5-3-5-2) in accordance with IC 5-3-5.
276273 40 (d) A newspaper or locality newspaper may not:
277274 41 (1) charge a person a fee for viewing or searching the website or
278275 42 electronic edition for public notices; or
279276 HB 1312—LS 7336/DI 87 7
280277 1 (2) require a person to register on the newspaper or locality
281278 2 newspaper's website in order to view or search for public notices
282279 3 on the website.
283280 4 (e) The basic charge for publication of a notice in an electronic
284281 5 edition shall be the same as the basic charge for publication of the
285282 6 notice in the print edition in accordance with section 1 of this chapter.
286283 7 SECTION 6. IC 5-3-1-4, AS AMENDED BY P.L.147-2016,
287284 8 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
288285 9 JULY 1, 2025]: Sec. 4. (a) Whenever officers of a political subdivision
289286 10 are required to publish a notice affecting the political subdivision, they
290287 11 shall may publish the notice in two (2) newspapers of the forms of
291288 12 media listed under section 1.5(d) of this chapter. If officers choose
292289 13 to publish a notice in any form of newspaper or locality newspaper,
293290 14 the newspaper's or locality newspaper's print edition must be
294291 15 published in or circulate within the political subdivision as provided
295292 16 in section 1.5(d) of this chapter.
296293 17 (b) This subsection applies to notices published by county officers.
297294 18 If there is only one (1) newspaper published in the county, then
298295 19 publication in that newspaper alone is sufficient.
299296 20 (c) This subsection applies to notices published by city, town, or
300297 21 school corporation officers. If there is only one (1) newspaper
301298 22 published in the municipality or school corporation, then publication
302299 23 in that newspaper alone is sufficient. If no newspaper is published in
303300 24 the municipality or school corporation, then publication of the notice
304301 25 shall be made in one (1) of the following:
305302 26 (1) A locality newspaper that circulates within the municipality or
306303 27 school corporation.
307304 28 (2) A newspaper published in the county in which the
308305 29 municipality or school corporation is located and that circulates
309306 30 within the municipality or school corporation.
310307 31 (d) This subsection applies to notices published by officers of
311308 32 political subdivisions not covered by subsection (a) or (b). If there is
312309 33 only one (1) newspaper published in the political subdivision, then the
313310 34 notice shall be published in that newspaper. If no newspaper is
314311 35 published in the political subdivision, then publication of the notice
315312 36 shall be made in one (1) of the following:
316313 37 (1) A locality newspaper that circulates within the municipality or
317314 38 school corporation.
318315 39 (2) A newspaper published in the county and that circulates
319316 40 within the political subdivision.
320317 41 (e) This subsection applies to a political subdivision, including a
321318 42 city, town, or school corporation. Notwithstanding any other law, if a
322319 HB 1312—LS 7336/DI 87 8
323320 1 political subdivision has territory in more than one (1) county, public
324321 2 notices that are required by law or ordered to be published must be
325322 3 given as follows:
326323 4 (1) By publication in two (2) newspapers published within the
327324 5 boundaries of the political subdivision.
328325 6 (2) If only one (1) newspaper is published within the boundaries
329326 7 of the political subdivision, by publication of the notice in that
330327 8 newspaper and in one (1) of the following:
331328 9 (A) A locality newspaper that circulates within the political
332329 10 subdivision.
333330 11 (B) In another newspaper:
334331 12 (i) published in any county in which the political subdivision
335332 13 extends; and
336333 14 (ii) that has a general circulation in the political subdivision.
337334 15 (3) If no newspaper is published within the boundaries of the
338335 16 political subdivision, by publishing the notice in two (2)
339336 17 publications, consisting of either or both of the following:
340337 18 (A) A locality newspaper that circulates within the political
341338 19 subdivision.
342339 20 (B) A newspaper that:
343340 21 (i) is published in any counties into which the political
344341 22 subdivision extends; and
345342 23 (ii) has a general circulation in the political subdivision.
346343 24 (4) If only one (1) newspaper is published in any of the counties
347344 25 into which the political subdivision extends, by publication of the
348345 26 notice in one (1) of the following:
349346 27 (A) A locality newspaper that circulates within the political
350347 28 subdivision.
351348 29 (B) The newspaper published in the county if the newspaper
352349 30 circulates within the political subdivision.
353350 31 (f) (b) A political subdivision may, in its discretion, publish public
354351 32 notices in a qualified publication or additional newspapers or locality
355352 33 newspapers to provide supplementary notification to the public. The
356353 34 cost of publishing supplementary notification is a proper expenditure
357354 35 of the political subdivision.
358355 36 SECTION 7. IC 5-3-1.6 IS ADDED TO THE INDIANA CODE AS
359356 37 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
360357 38 1, 2025]:
361358 39 Chapter 1.6. State Public Notice Website
362359 40 Sec. 1. The definitions in IC 5-3-1 apply throughout this chapter.
363360 41 Sec. 2. Not later than July 1, 2026, the office of technology
364361 42 established by IC 4-13.1-2-1 shall establish and operate a state
365362 HB 1312—LS 7336/DI 87 9
366363 1 public notice website as a repository for public notices.
367-2 Sec. 3. (a) The state public notice website shall:
364+2 Sec. 3. The state public notice website shall:
368365 3 (1) receive, publish, and store public notices; and
369366 4 (2) be searchable by:
370367 5 (A) county, city, town, township, school corporation;
371368 6 (B) date of publication or event; and
372369 7 (C) subject, which may include:
373370 8 (i) public hearing notices;
374371 9 (ii) build operate transfer notices under IC 5-23;
375372 10 (iii) notices regarding the receiving of bids;
376373 11 (iv) election notices;
377374 12 (v) notices regarding the sales of bonds, notes, or
378375 13 warrants;
379376 14 (vi) notices regarding the cumulative or sinking funds;
380377 15 and
381378 16 (vii) notices regarding the adoption of ordinances.
382-17 (b) The office of technology shall implement a feature that
383-18 allows users of the state public notice website to request alerts sent
384-19 automatically to the user by electronic mail when a new notice is
385-20 posted on the state public notice website that matches the search
386-21 terms selected by the user.
387-22 Sec. 4. (a) Except as provided in subsection (b), a public notice
388-23 shall be maintained on the state public notice website for at least
389-24 seven (7) days after the day of publication.
390-25 (b) If a public notice is required by law to be published on at
391-least two (2) days and for a specified frequency, 26 the notice shall be
392-27 maintained on the state public notice website from the first day
393-28 that publication of the notice is required by law until at least seven
394-29 (7) days after the last day that publication of the notice is required
395-30 by law.
396-31 Sec. 5. A person may submit a notice for publication directly to
397-32 the state public notice website.
398-33 Sec. 6. The office of technology shall do the following:
399-34 (1) Maintain the state public notice website to be accessible
400-35 and searchable by the public at all times, other than during
401-36 maintenance or circumstances outside the operator's control.
402-37 (2) Not charge the person placing the notice a fee for:
403-38 (A) publishing a public notice on the state public notice
404-39 website; or
405-40 (B) viewing or searching the state public notice website for
406-41 public notices.
407-42 (3) Not require a person to register in order to view or search
379+17 Sec. 4. (a) Except as provided in subsection (b), a public notice
380+18 shall be maintained on the state public notice website for at least
381+19 seven (7) days after the day of publication.
382+20 (b) If a public notice is required by law to be published on at
383+least two (2) days and for a specified frequency, 21 the notice shall be
384+22 maintained on the state public notice website from the first day
385+23 that publication of the notice is required by law until at least seven
386+24 (7) days after the last day that publication of the notice is required
387+25 by law.
388+26 Sec. 5. A person may submit a notice for publication directly to
389+27 the state public notice website.
390+28 Sec. 6. The office of technology shall do the following:
391+29 (1) Maintain the state public notice website to be accessible
392+30 and searchable by the public at all times, other than during
393+31 maintenance or circumstances outside the operator's control.
394+32 (2) Not charge the person placing the notice a fee for:
395+33 (A) publishing a public notice on the state public notice
396+34 website; or
397+35 (B) viewing or searching the state public notice website for
398+36 public notices.
399+37 (3) Not require a person to register in order to view or search
400+38 for public notices on the website.
401+39 Sec. 7. Proof of publication of notice shall be provided in
402+40 accordance with rules adopted by the supreme court.
403+41 Sec. 8. IC 5-3-1-2.3 and any other provision regarding an error
404+42 or omission in a notice published in a newspaper also apply to a
408405 HB 1312—LS 7336/DI 87 10
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
451448 HB 1312—LS 7336/DI 87 11
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
494491 HB 1312—LS 7336/DI 87 12
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
537534 HB 1312—LS 7336/DI 87 13
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
580577 HB 1312—LS 7336/DI 87 14
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;
623620 HB 1312—LS 7336/DI 87 15
624-1 service charge is initiated in that political subdivision.
625-2 (f) A volunteer fire department that:
626-3 (1) has contracted with a political subdivision to provide fire
627-4 protection or emergency services; and
628-5 (2) imposes a false alarm service charge under this section;
629-6 must submit a report to the legislative body of the political subdivision
630-7 before April 1 of each year indicating the amount of false alarm
631-8 charges collected during the previous calendar year and how those
632-9 funds have been expended.
633-10 (g) The volunteer fire department may maintain a civil action to
634-11 recover unpaid false alarm service charges imposed under this section
635-12 and may, if it prevails, recover all costs of the action, including
636-13 reasonable attorney's fees.
637-14 SECTION 13. [EFFECTIVE JULY 1, 2025] (a) The legislative
638-15 services agency shall prepare legislation for introduction in the
639-16 2026 regular session of the general assembly to make any necessary
640-17 amendments to the Indiana Code to conform to the amendments
641-18 made by this act.
642-19 (b) This SECTION expires July 1, 2027.
621+1 must submit a report to the legislative body of the political subdivision
622+2 before April 1 of each year indicating the amount of false alarm
623+3 charges collected during the previous calendar year and how those
624+4 funds have been expended.
625+5 (g) The volunteer fire department may maintain a civil action to
626+6 recover unpaid false alarm service charges imposed under this section
627+7 and may, if it prevails, recover all costs of the action, including
628+8 reasonable attorney's fees.
629+9 SECTION 13. [EFFECTIVE JULY 1, 2025] (a) The legislative
630+10 services agency shall prepare legislation for introduction in the
631+11 2026 regular session of the general assembly to make any necessary
632+12 amendments to the Indiana Code to conform to the amendments
633+13 made by this act.
634+14 (b) This SECTION expires July 1, 2027.
643635 HB 1312—LS 7336/DI 87 16
644636 COMMITTEE REPORT
645637 Mr. Speaker: Your Committee on Government and Regulatory
646638 Reform, to which was referred House Bill 1312, has had the same
647639 under consideration and begs leave to report the same back to the
648640 House with the recommendation that said bill be amended as follows:
649641 Page 4, line 23, delete "Indiana archives and records" and insert
650642 "office of technology established by IC 4-13.1-2-1".
651643 Page 4, line 24, delete "administration".
652644 Page 4, delete lines 26 through 42, begin a new paragraph and
653645 insert:
654646 "SECTION 4. IC 5-3-1-1.5, AS AMENDED BY P.L.146-2024,
655647 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
656648 JULY 1, 2025]: Sec. 1.5. (a) This section applies to a notice that must
657649 be published in accordance with this chapter.
658650 (b) As used in this section, "political subdivision" has the
659651 meaning set forth in IC 5-3-5-3.
660652 (c) As used in this chapter, "state agency" has the meaning set
661653 forth in IC 1-1-15-3.
662654 (b) If a newspaper or locality newspaper maintains a website, a
663655 notice that is published in the newspaper or locality newspaper must
664656 also be posted on the website of the newspaper or locality newspaper.
665657 The notice must appear on the website on the same day the notice
666658 appears in the newspaper or locality newspaper.
667659 (c) The state board of accounts shall develop a standard form for
668660 notices posted on a newspaper's or locality newspaper's website.
669661 (d) A newspaper or locality newspaper may not charge a fee for
670662 posting a notice on the newspaper's or locality newspaper's website
671663 under this section.
672664 (d) Notwithstanding any express statutory requirement of
673665 publishing a notice in a specific form of media, a person satisfies
674666 the statutory requirement by publishing the notice in any of the
675667 following media:
676668 (1) Publication in any of the following forms of a newspaper:
677669 (A) A print edition newspaper that is published in or
678670 circulates within the political subdivision specified in the
679671 statute.
680672 (B) An electronic edition published by the newspaper
681673 described in clause (A).
682674 (2) Publication in any of the following forms of a locality
683675 newspaper:
684676 (A) A print edition locality newspaper that circulates
685677 within the political subdivision specified in the statute.
686678 HB 1312—LS 7336/DI 87 17
687679 (B) An electronic edition published by the locality
688680 newspaper described in clause (A).
689681 (3) Publication on the state public notice website under
690682 IC 5-3-1.6 in accordance with the following:
691683 (A) Beginning July 1, 2026:
692684 (i) a state agency; or
693685 (ii) a political subdivision primarily located within a
694686 county having a population of not more than fifty
695687 thousand (50,000);
696688 may make the first publication of a notice and any
697689 subsequent publications of the notice that are required by
698690 law on the state public notice website.
699691 (B) Beginning January 1, 2027, a political subdivision
700692 primarily located within a county having a population of
701693 not more than one hundred thousand (100,000) may make
702694 the first publication of a notice and any subsequent
703695 publications of the notice that are required by law on the
704696 state public notice website.
705697 (C) Beginning July 1, 2027, any body corporate and politic
706698 or other instrumentality of state or local government not
707699 described in subdivision (1) or (2) may make the first
708700 publication of a notice and any subsequent publications of
709701 the notice that are required by law on the state public
710702 notice website.
711703 (4) Publication on a political subdivision website under
712704 IC 5-3-5 until the date that the person is authorized under
713705 subdivision (3) to publish notice on the state public notice
714706 website.
715707 (e) This section does not exempt a person from complying with
716708 any other statutory requirement, including deadlines for
717709 publication of notice and frequency of publication. However,
718710 notwithstanding any law that requires a public notice to be
719711 published on at least two (2) days and for a specified frequency, a
720712 notice published on the state public notice website shall be
721713 maintained on the state public notice website for the period as set
722714 forth in IC 5-3-1.6-4.
723715 (f) A newspaper or locality newspaper may not:
724716 (1) charge a person a fee for viewing or searching the
725717 newspaper's or locality newspaper's electronic edition for
726718 public notices; or
727719 (2) require a person to register on the newspaper's or locality
728720 newspaper's website in order to view or search for public
729721 HB 1312—LS 7336/DI 87 18
730722 notices in the electronic edition.
731723 (g) The basic charge for publication of a notice in an electronic
732724 edition of a newspaper or locality newspaper shall be the same as
733725 the basic charge for publication of the notice in the print edition in
734726 accordance with section 1 of this chapter.".
735727 Page 5, delete lines 1 through 35.
736728 Page 6, line 27, delete "1.5(b)" and insert "1.5(d)".
737729 Page 6, line 31, delete "1.5(b)" and insert "1.5(d)".
738730 Page 8, delete lines 14 through 17, begin a new paragraph and
739731 insert:
740732 "Sec. 2. Not later than July 1, 2026, the office of technology
741733 established by IC 4-13.1-2-1 shall establish and operate a state
742734 public notice website as a repository for public notices.".
743735 Page 9, line 2, delete "Indiana archives and records administration"
744736 and insert "office of technology".
745737 Page 10, between lines 27 and 28, begin a new line block indented
746738 and insert:
747739 "(13) In coordination with the office of technology established
748740 by IC 4-13.1-2-1, establish standards and guidelines for the
749741 transfer and preservation of public notices from the state
750742 public notice website to the Indiana records administration to
751743 preserve public notices for historical purposes.
752744 (14) Enter into memoranda of understanding with agencies,
753745 as necessary, to ensure transfer of public notices from the
754746 state public notice website under IC 5-3-1.6 to preserve public
755747 notices for historical purposes.".
756748 Page 10, delete lines 31 and 32.
757749 Renumber all SECTIONS consecutively.
758750 and when so amended that said bill do pass.
759751 (Reference is to HB 1312 as introduced.)
760752 MILLER D
761753 Committee Vote: yeas 11, nays 0.
762754 HB 1312—LS 7336/DI 87 19
763755 COMMITTEE REPORT
764756 Mr. Speaker: Your Committee on Ways and Means, to which was
765757 referred House Bill 1312, has had the same under consideration and
766758 begs leave to report the same back to the House with the
767759 recommendation that said bill do pass.
768760 (Reference is to HB 1312 as printed February 3, 2025.)
769761 THOMPSON
770762 Committee Vote: Yeas 11, Nays 7
771-_____
772-HOUSE MOTION
773-Mr. Speaker: I move that House Bill 1312 be amended to read as
774-follows:
775-Page 9, line 2, after "3." insert "(a)".
776-Page 9, between lines 16 and 17, begin a new paragraph and insert:
777-"(b) The office of technology shall implement a feature that
778-allows users of the state public notice website to request alerts sent
779-automatically to the user by electronic mail when a new notice is
780-posted on the state public notice website that matches the search
781-terms selected by the user.".
782-(Reference is to HB 1312 as printed February 13, 2025.)
783-MAYFIELD
784763 HB 1312—LS 7336/DI 87