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

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