§ 5-3-1-2 — Public hearings or meetings, elections, and other events; requirements for publication of notice; posting instead of publication; failure or refusal to publish

Indiana § 5-3-1-2

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 3: PUBLICATION OF NOTICES
• Ch. 1: Publication Procedures

Text

(a) This section applies only when notice of an
event is required to be given by publication in accordance with this
chapter.
(b) If the event is a public hearing or meeting concerning any matter
not specifically mentioned in subsection (c), (d), (e), (f), (g), (h), or (i),
notice shall be published one (1) time, at least ten (10) days before the
date of the hearing or meeting.
(c) If the event is an election, notice shall be published one (1) time,
not later than twenty-one (21) days before election day.
(d) If the event is a sale of bonds, notes, or warrants, notice shall be
published two (2) times, at least one (1) week apart, with:
(1) the first publication made at least fifteen (15) days before the
date of the sale; and
(2) the second publication made at least three (3) days before the
date of the sale.
(e) If the event is the receiving of bids, notice shall be published two
(2) times, at least one (1) week apart, with the second publication made
at least seven (7) days before the date the bids will be received.
(f) If the event is the establishment of a cumulative or sinking fund,
notice of the proposal and of the public hearing that is required to be
held by the political subdivision shall be published two (2) times, at
least one (1) week apart, with the second publication made at least
three (3) days before the date of the hearing.
(g) If the event is the submission of a proposal adopted by a political
subdivision for a cumulative or sinking fund for the approval of the
department of local government finance, the notice of the submission
shall be published one (1) time. The political subdivision shall publish
the notice when directed to do so by the department of local
government finance.
(h) If the event is the required publication of an ordinance, notice of
the passage of the ordinance shall be published one (1) time within
thirty (30) days after the passage of the ordinance.
(i) If the event is one about which notice is required to be published
after the event, notice shall be published one (1) time within thirty (30)
days after the date of the event.
(j) If the event is one about which notice is required under IC 36-1-11-5(e), IC 36-7-14-22.6, or IC 36-7-15.1-15.6, notice shall be
published:
(1) one (1) time not more than ten (10) days after the date on
which the determination was made; and
(2) not less than ten (10) days before the date offers will be
received.
The notice under this subsection may be published solely on the
political subdivision's official website (as defined in IC 5-3-5-2) in
accordance with IC 5-3-5.
(k) If any officer charged with the duty of publishing any notice
required by law is unable to procure publication of notice:
(1) at the price fixed by law;
(2) because all newspapers or locality newspapers that are
qualified to publish the notice refuse to publish the notice; or
(3) because the newspapers or locality newspapers referred to in
subdivision (2) refuse to post the notice on the newspapers' or
locality newspapers' websites (if required under section 1.5 of this
chapter);
it is sufficient for the officer to post printed notices in three (3)
prominent places in the political subdivision, instead of publication of
the notice in newspapers or locality newspapers and on a website (if
required under section 1.5 of this chapter).
(l) This subsection applies if an officer described in subsection (k)
or the officer's designee submits a notice to a newspaper or locality
newspaper in a timely manner and the newspaper or locality newspaper
does not refuse to publish the notice but subsequently fails to publish
the notice. If, within the same period required for publishing notice
under this section, the officer or officer's designee posts:
(1) printed notices in three (3) prominent places in the political
subdivision; or
(2) notice on the political subdivision's website in a location
where the notice is easily accessible and identifiable;
the notice is sufficient, and publication of the notice in newspapers or
locality newspapers and on the newspapers' websites (if required under
section 1.5 of this chapter) is not required.
(m) A political subdivision that is required under this chapter to
publish notice in a newspaper two (2) or more times may make:
(1) the first publication of notice in a newspaper as required under
section 4 of this chapter or the applicable statute; and
(2) all subsequent publications of notice:
(A) in accordance with IC 5-3-5; and
(B) on the official website of the political subdivision.
If a political subdivision is required to publish a notice two (2) or more
times in at least two (2) newspapers contemporaneously, the first
publication of the notice includes the first publication of the notice in
both newspapers.
Formerly: Acts 1927, c.96, s.2. As amended by Acts 1981,
P.L.45, SEC.1; P.L.23-1984, SEC.6; P.L.36-1986, SEC.1; P.L.53-1987,
SEC.1; P.L.54-1987, SEC.1; P.L.10-1989, SEC.19; P.L.1-1990,
SEC.49; P.L.64-1995, SEC.5; P.L.153-1999, SEC.1; P.L.90-2002,
SEC.14; P.L.141-2009, SEC.3; P.L.183-2014, SEC.1; P.L.122-2015,
SEC.2; P.L.147-2016, SEC.4; P.L.21-2017, SEC.1; P.L.109-2021,
SEC.73; P.L.137-2021, SEC.21; P.L.152-2021, SEC.1; P.L.146-2024,
SEC.4.