Bill Text: IN SB0562 | 2011 | Regular Session | Introduced
Bill Title: Publication of notice by local government units.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Local Government [SB0562 Detail]
Download: Indiana-2011-SB0562-Introduced.html
Citations Affected: IC 5-3.
Synopsis: Publication of notice by local government units. Provides
that publication of notice by a political subdivision requires publication
in only one newspaper. Allows a political subdivision, which includes
an agency of a political subdivision, to publish legal notices on a notice
web site instead of in a newspaper. Establishes requirements regarding
availability and accessibility of the web site. Requires the political
subdivision to designate an official responsible for the electronic
publication of notices. Requires that a notice web site must have an
electronic mail link that allows a person to submit a complaint to the
political subdivision if access to any legal notice fails. Provides that if
a political subdivision does not have an official web site, legal notices
shall be published on an existing official web site of the county
government, if: (1) the county government has an official web site; and
(2) the county government web site complies with the electronic
publication requirements. Establishes requirements for the duration of
the posting of a legal notice and proof of posting. Requires a political
subdivision or agency of a political subdivision to publish an
advertisement in a newspaper once a week that states the Internet
address of the legal notice web site and information regarding Internet
accessibility.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Local Government.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
in the county in which the municipality or school corporation political
subdivision is located and that circulates within the municipality or
school corporation. political subdivision.
(b) A political subdivision satisfies all requirements for legal
notice publication if the political subdivision electronically
publishes the notice in accordance with IC 5-3-5.
(d) This subsection applies to notices published by officers of
political subdivisions not covered by subsection (a) or (b). If there is
only one (1) newspaper published in the political subdivision, then the
notice shall be published in that newspaper. If no newspaper is
published in the political subdivision, then publication shall be made
in a newspaper published in the county and that circulates within the
political subdivision.
(e) This subsection applies to a political subdivision, including a
city, town, or school corporation. Notwithstanding any other law, if a
political subdivision has territory in more than one (1) county, public
notices that are required by law or ordered to be published must be
given as follows:
(1) By publication in two (2) newspapers published within the
boundaries of the political subdivision.
(2) If only one (1) newspaper is published within the boundaries
of the political subdivision, by publication in that newspaper and
in some other newspaper:
(A) published in any county in which the political subdivision
extends; and
(B) that has a general circulation in the political subdivision.
(3) If no newspaper is published within the boundaries of the
political subdivision, by publication in two (2) newspapers that:
(A) are published in any counties into which the political
subdivision extends; and
(B) have a general circulation in the political subdivision.
(4) If only one (1) newspaper is published in any of the counties
into which the political subdivision extends, by publication in that
newspaper if it circulates within the political subdivision.
(f) (c) A political subdivision may, in its discretion, publish public
notices in a qualified publication or additional newspapers to provide
supplementary notification to the public. The cost of publishing
supplementary notification is a proper expenditure of the political
subdivision.
Chapter 5. Electronic Publication of Legal Notices by Political Subdivisions
Sec. 1. This chapter applies after July 1, 2012, to all political subdivisions.
Sec. 2. As used in this chapter, "electronic publication" or "electronically publish" means the public advertisement of a legal notice in hypertext markup language format (html), or an equivalent language format, on an official government Internet web site.
Sec. 3. As used in this chapter, "legal notice" or "notice" means any matter of a political subdivision that by law or rule is required to be officially advertised in a newspaper.
Sec. 4. As used in this chapter, "notice web site" means an Internet web site that is maintained by:
(1) a political subdivision; or
(2) a third party under contract with a political subdivision;
that contains links to legal notices electronically published by the political subdivision.
Sec. 5. As used in this chapter, "official web site" means the Internet location designated by a political subdivision as its primary source of information about the political subdivision on the Internet.
Sec. 6. As used in this chapter, "political subdivision" has the meaning set forth in IC 3-5-2-38. The term includes any administration, agency, authority, board, bureau, commission, committee, council, department, division, institution, office, officer, service, or other similar body of a political subdivision created or established under law.
Sec. 7. Notwithstanding IC 5-3-1 or any other law or rule, if a political subdivision is required to publish a legal notice in one (1) or more newspapers, the notice may be published on a notice web site instead of a newspaper, if all the following requirements are met:
(1) The political subdivision or the host of the notice web site, has a service level agreement with an Internet service provider that guarantees the web site is accessible to the public over the Internet at least ninety-eight percent (98%) of the time, twenty-four (24) hours a day, three hundred sixty-five (365) days a year.
(2) The official web site of the political subdivision containing the notice web site is registered with the office of technology established under IC 4-13.1-2. The office of technology
established by IC 4-13.1-2-1 shall ensure that the public has
electronic access to a list of all the registered official web sites
through the computer gateway administered by the office of
technology.
(3) It is encouraged that:
(A) an official web site; and
(B) the notice web pages containing the actual legal
notices;
comply with the accessibility standards developed under
IC 4-13.1-3.
(4) An official web site must prominently display a link to the
notice web site. The notice web site must be an index web page
containing:
(A) a list of all current legal notices of the political
subdivision;
(B) hypertext links to the full text of the legal notices and
not to summaries of the notices; and
(C) a search function and other features that improve
public accessibility to legal notices.
Sec. 8. (a) If a political subdivision does not have an official web
site, legal notices of the political subdivision shall be published on
an official web site of the county government in which the political
subdivision is located, if the county government:
(1) has an official web site; and
(2) the official web site meets the requirements of this chapter.
(b) This chapter does not require a county to establish an
official web site or alter the county government's official web site
to comply with this section.
Sec. 9. (a) Each web page on an official web site with a link to
the notice web site or index web page and the notice web site must
contain an electronic mail link that allows a person to submit a
complaint to the political subdivision, if access to any legal notice
fails.
(b) A political subdivision shall:
(1) review all complaints reported to determine the cause of
any access problem; and
(2) document the findings and any action taken to resolve the
access problem.
(c) A political subdivision shall keep and make available for
public inspection all records of complaints and service accessibility
failures reported.
Sec. 10. If an individual is unable to access an electronic
publication of a legal notice, the political subdivision shall provide
a copy of the notice to the individual free of charge.
Sec. 11. A notice must remain available on the notice web site
until at least the later of the following:
(1) The last posting date required by law has expired.
(2) The event described in the notice has taken place.
Sec. 12. (a) The political subdivision shall:
(1) create, or have provided by the notice web site contractor;
and
(2) keep on file;
an affidavit of the posting for each legal notice in the same manner
as for notices published in a newspaper.
(b) The affidavit must state that the notice was posted from the
initial date through the later of the following:
(1) The last posting date required by law.
(2) The date when the event described in a notice takes place.
Sec. 13. The political subdivision shall:
(1) designate an official to be responsible for electronic
publications; and
(2) post the official's name and contact information on the
notice web site.
Sec. 14. Proof of publication of an electronically published legal
notice for the purpose of complying with public notice
requirements is satisfied and considered conclusive upon the
provision of the affidavit described in section 12 of this chapter:
(1) executed by the official designated as responsible for the
electronic publication under section 13 of this chapter; and
(2) stating that the notice was posted from the initial date until
the last posting date required by law.
Sec. 15. A political subdivision may electronically publish legal
notices on a notice web site if:
(1) dial up access to the Internet is available without telephone
toll charges generally throughout the jurisdiction of the
political subdivision;
(2) regular public Internet access is available without charge
within the jurisdiction of the political subdivision through the
public library or at some other location; or
(3) the political subdivision publishes a legal advertisement
once a week in at least one (1) newspaper of general
circulation within the political subdivision, announcing that
legal notices are posted on a notice web site.
Sec. 16. The legal advertisement described in section 15(3) of
this chapter must be published in the following form:
Internet Posting of Public Notices: (name of political
subdivision)
The (name of political subdivision) announces that public
notices on the following matters (insert list of synopses of
notices posted) are posted on the (name of political
subdivision) legal notice web site: http://www._____________
(substitute Internet address protocol in common usage if
different).
Free public access to the Internet is available within (insert
name of the political subdivision) at (list all known locations).
If you are unable to access the Internet, individual copies of
notices can be obtained by calling (insert appropriate
telephone number of political subdivision or agency).
Sec. 17. The legal advertisement described in section 16 of this
chapter must also be published on a newspaper web site if
IC 5-3-1-1.5 is applicable.
Sec. 18. Any provision regarding an error or omission in a legal
notice published in a newspaper also applies to the electronic
publication of a legal notice, including the following:
(1) IC 5-3-1-2(l) and IC 5-3-1-2(m).
(2) IC 5-3-1-2.3.
