CHAPTER 1. PUBLICATION PROCEDURES

IC 5-3
    ARTICLE 3. PUBLICATION OF NOTICES

IC 5-3-1
    Chapter 1. Publication Procedures

IC 5-3-1-0.4
"Newspaper" defined
    Sec. 0.4. As used in this chapter, "newspaper" refers to anewspaper:
        (1) that:
            (A) is a daily, weekly, semiweekly, or triweekly newspaperof general circulation;
            (B) has been published for at least three (3) consecutiveyears in the same city or town;
            (C) has been entered, authorized, and accepted by the UnitedStates Postal Service for at least three (3) consecutive yearsas mailable matter of the periodicals class; and
            (D) has at least fifty percent (50%) of all copies circulatedpaid for by subscribers or other purchasers at a rate that isnot nominal; or
        (2) that:
            (A) is a daily, weekly, semiweekly, or triweekly newspaperof general circulation;
            (B) has been entered, authorized, and accepted by the UnitedStates Postal Service as mailable matter of the periodicalsclass;
            (C) has at least fifty percent (50%) of all copies circulatedpaid for by subscribers or other purchasers at a rate that isnot nominal; and
            (D) meets the greater of the following conditions:
                (i) The newspaper's paid circulation during the precedingyear is equal to at least fifty percent (50%) of the paidcirculation for the largest newspaper with a periodicalsclass permit located in the county in which the newspaperis published, based on the average paid or requestedcirculation for the preceding twelve (12) months reportedin the newspaper's United States Postal Service Statementof Ownership published by the newspaper in October ofeach year or based on the newspaper's initial applicationfor a permit from the United States Postal Service.
                (ii) The newspaper has an average daily paid circulation ofone thousand five hundred (1,500) based on the averagepaid or requested circulation for the preceding twelve (12)months reported in the newspaper's United States PostalService Statement of Ownership published by thenewspaper in October of each year or based on thenewspaper's initial application for a permit from theUnited States Postal Service.As added by P.L.64-1995, SEC.1. Amended by P.L.38-1997, SEC.1;P.L.169-2006, SEC.1.

IC 5-3-1-0.6
Place of publication
    Sec. 0.6. (a) For purposes of this chapter, a newspaper or qualifiedpublication is published at the place where the newspaper orqualified publication has its original entry for mail privilegesauthorized by the United States Postal Service.
    (b) For purposes of this chapter, a newspaper or qualifiedpublication is considered published at only one (1) place. The placeof publication does not include places at which additional entryoffices have been established with the authorization of the UnitedStates Postal Service.
As added by P.L.64-1995, SEC.2. Amended by P.L.38-1997, SEC.2.

IC 5-3-1-0.7
"Qualified publication" defined
    Sec. 0.7. (a) As used in this chapter, "qualified publication" meansa publication that:
        (1) is published daily, weekly, semiweekly, or triweekly;
        (2) is of general circulation to the public;
        (3) has been published for at least three (3) consecutive years inthe same city or town;
        (4) has continuity as to title and general nature of content fromissue to issue;
        (5) contains news of general or community interest, communitynotices, or editorial commentary;
        (6) contains advertisements from unrelated advertisers in eachissue;
        (7) has, in more than one-half (1/2) of its issues publishedduring the previous twelve (12) month period, not more thanseventy-five percent (75%) advertising content;
        (8) has a known office location in the county in which it ispublished; and
        (9) has been entered, authorized, and accepted by the UnitedStates Postal Service as mailable matter of standard mail (A)class for the time published.
    (b) A publication is not a qualified publication if any of thefollowing apply:
        (1) The publication is owned by, or under the control of, theowners or lessees of a shopping center or a merchant'sassociation.
        (2) The publication is owned by, or under the control of, abusiness that sells property or services (other than advertising)and the predominant advertising in the publication isadvertising for the business's sales of property or services.
        (3) The publication is a mail order catalog or other catalog,advertising flier, travel brochure, house organ, theater program,telephone directory, restaurant guide, shopping center

advertising sheet, or other similar publication.
        (4) The publication is primarily devoted to matters ofspecialized interest such as a labor, fraternal, society, political,religious, sporting, or trade news publication or journal.
        (5) The publication is a magazine, racing form, or tip sheet.
As added by P.L.64-1995, SEC.3. Amended by P.L.38-1997, SEC.3.

IC 5-3-1-1
Cost of advertising; form of legal advertisements; determinationof circulation
    Sec. 1. (a) The cost of all public notice advertising which anyelected or appointed public official or governmental agency isrequired by law to have published, or orders published, for which thecompensation to the newspapers or qualified publications publishingsuch advertising is drawn from and is the ultimate obligation of thepublic treasury of the governmental unit concerned with theadvertising shall be charged to and collected from the proper fund ofthe public treasury and paid over to the newspapers or qualifiedpublications publishing such advertising, after proof of publicationand claim for payment has been filed.
    (b) The basic charges for publishing public notice advertisingshall be by the line and shall be computed based on a square of twohundred 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 orqualified publications plus one dollar and sixty-five cents($1.65) per square for each additional insertion in newspapersor qualified publications.
        (2) After December 31, 1995, and before December 31, 2005,a newspaper or qualified publication may, effective January 1of any year, increase the basic charges by five percent (5%)more than the basic charges that were in effect during theprevious year. However, the basic charges for the first insertionof a public notice in a newspaper or qualified publication maynot exceed the lowest classified advertising rate charged toadvertisers by the newspaper or qualified publication forcomparable use of the same amount of space for other purposes.
        (3) After December 31, 2009, a newspaper or qualifiedpublication may, effective January 1 of any year, increase thebasic charges by not more than two and three-quarters percent(2.75%) more than the basic charges that were in effect duringthe previous year. However, the basic charges for the firstinsertion of a public notice in a newspaper or qualifiedpublication may not exceed the lowest classified advertisingrate charged to advertisers by the newspaper or qualifiedpublication for comparable use of the same amount of space forother purposes and must include all multiple insertion discountsextended to the newspaper's other advertisers.
An additional charge of fifty percent (50%) shall be allowed for thepublication of all public notice advertising containing rule or tabular

work.
    (c) All public notice advertisements shall be set in solid type thatis at least 7 point type, without any leads or other devices forincreasing space. All public notice advertisements shall be headed bynot more than two (2) lines, neither of which shall total more thanfour (4) solid lines of the type in which the body of the advertisementis set. Public notice advertisements may be submitted by anappointed or elected official or a governmental agency to anewspaper or qualified publication in electronic form, if thenewspaper or qualified publication is equipped to accept informationin compatible electronic form.
    (d) Each newspaper or qualified publication publishing publicnotice advertising shall submit proof of publication and claim forpayment 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 newspaperor qualified publication furnishing proof of publication.
    (e) The circulation of a newspaper or qualified publication isdetermined as follows:
        (1) For a newspaper, by the circulation stated on line 10.C.(Total Paid and/or Requested Circulation of Single IssuePublished Nearest to Filing Date) of the Statement ofOwnership, Management and Circulation required by 39 U.S.C.3685 that was filed during the previous year.
        (2) For a qualified publication, by a verified affidavit filed witheach governmental agency that has public notices the qualifiedpublication wants to publish. The affidavit must:
            (A) be filed with the governmental agency before January 1of each year; and
            (B) attest to the circulation of the qualified publication forthe issue published nearest to October 1 of the previous year.
(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.

IC 5-3-1-1.5
Posting notice on newspaper web site
    Sec. 1.5. (a) This section applies after June 30, 2009, to a noticethat must be published in accordance with this chapter.
    (b) If a newspaper maintains an Internet web site, a notice that ispublished in the newspaper must also be posted on the newspaper'sweb site. The notice must appear on the web site on the same day thenotice appears in the newspaper.
    (c) The state board of accounts shall develop a standard form fornotices posted on a newspaper's Internet web site.
    (d) A newspaper may not charge a fee for posting a notice on thenewspaper's Internet web site under this section.
As added by P.L.141-2009, SEC.2.
IC 5-3-1-2
Public hearings or meetings, elections, and other events;requirements for publication of notice; posting instead ofpublication
    Sec. 2. (a) This section applies only when notice of an event isrequired to be given by publication in accordance with this chapter.
    (b) If the event is a public hearing or meeting concerning anymatter not specifically mentioned in subsection (c), (d), (e), (f), (g),or (h) notice shall be published one (1) time, at least ten (10) daysbefore the date of the hearing or meeting.
    (c) If the event is an election, notice shall be published one (1)time, at least ten (10) days before the date of the election.
    (d) If the event is a sale of bonds, notes, or warrants, notice shallbe published two (2) times, at least one (1) week apart, with:
        (1) the first publication made at least fifteen (15) days beforethe date of the sale; and
        (2) the second publication made at least three (3) days beforethe date of the sale.
    (e) If the event is the receiving of bids, notice shall be publishedtwo (2) times, at least one (1) week apart, with the secondpublication made at least seven (7) days before the date the bids willbe received.
    (f) If the event is the establishment of a cumulative or sinkingfund, notice of the proposal and of the public hearing that is requiredto be held by the political subdivision shall be published two (2)times, at least one (1) week apart, with the second publication madeat least three (3) days before the date of the hearing.
    (g) If the event is the submission of a proposal adopted by apolitical subdivision for a cumulative or sinking fund for theapproval of the department of local government finance, the noticeof the submission shall be published one (1) time. The politicalsubdivision shall publish the notice when directed to do so by thedepartment of local government finance.
    (h) If the event is the required publication of an ordinance, noticeof the passage of the ordinance shall be published one (1) time withinthirty (30) days after the passage of the ordinance.
    (i) If the event is one about which notice is required to bepublished after the event, notice shall be published one (1) timewithin thirty (30) days after the date of the event.
    (j) If the event is anything else, notice shall be published two (2)times, at least one (1) week apart, with the second publication madeat least three (3) days before the event.
    (k) If any officer charged with the duty of publishing any noticerequired by law is unable to procure advertisement:
        (1) at the price fixed by law;
        (2) because the newspaper refuses to publish the advertisement;or
        (3) because the newspaper refuses to post the advertisement onthe newspaper's Internet web site (if required under section 1.5of this chapter);it is sufficient for the officer to post printed notices in three (3)prominent places in the political subdivision, instead of publicationof the notice in newspapers and on an Internet web site (if requiredunder section 1.5 of this chapter).
    (l) If a notice of budget estimates for a political subdivision ispublished as required in IC 6-1.1-17-3, and the published noticecontains an error due to the fault of a newspaper, the notice aspresented for publication is a valid notice under this chapter.
    (m) Notwithstanding subsection (j), if a notice of budget estimatesfor a political subdivision is published as required in IC 6-1.1-17-3,and if the notice is not published at least ten (10) days before the datefixed for the public hearing on the budget estimate due to the fault ofa newspaper, the notice is a valid notice under this chapter if it ispublished one (1) time at least three (3) days before the hearing.
(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.

IC 5-3-1-2.3
Validity of notice containing errors or omissions; correction oferrors and omissions
    Sec. 2.3. (a) A notice published in accordance with this chapter orany other Indiana statute is valid even though the notice containserrors or omissions, as long as:
        (1) a reasonable person would not be misled by the error oromission; and
        (2) the notice is in substantial compliance with the time andpublication requirements applicable under this chapter or anyother Indiana statute under which the notice is published.
    (b) This subsection applies if:
        (1) a county auditor publishes a notice concerning a tax rate, taxlevy, or budget of a political subdivision in the county;
        (2) the notice contains an error or omission that causes thenotice to inaccurately reflect the tax rate, tax levy, or budgetactually proposed or fixed by the political subdivision; and
        (3) the county auditor is responsible for the error or omissiondescribed in subdivision (2).
Notwithstanding any other law, the department of local governmentfinance may correct an error or omission described in subdivision (2)at any time. If an error or omission described in subdivision (2)occurs, the county auditor must publish, at the county's expense, anotice containing the correct tax rate, tax levy, or budget as proposedor fixed by the political subdivision.
As added by P.L.1-1990, SEC.50. Amended by P.L.169-2006, SEC.2.

IC 5-3-1-2.5
Repealed
    (Repealed by P.L.31-1992, SEC.2.)
IC 5-3-1-3
Cities, towns, and school corporations; publication of annualreports of receipts and expenditures
    Sec. 3. (a) Within sixty (60) days after the expiration of eachcalendar year, the fiscal officer of each civil city and town in Indianashall publish an annual report of the receipts and expenditures of thecity or town during the preceding calendar year.
    (b) Not earlier than August 1 or later than August 15 of each year,the secretary of each school corporation in Indiana shall publish anannual financial report.
    (c) In the annual financial report the school corporation shallinclude the following:
        (1) Actual receipts and expenditures by major accounts ascompared to the budget advertised under IC 6-1.1-17-3 for theprior calendar year.
        (2) The salary schedule for all certificated employees (asdefined in IC 20-29-2-4) as of June 30, with the number ofemployees at each salary increment. However, the listing ofsalaries of individual teachers is not required.
        (3) The extracurricular salary schedule as of June 30.
        (4) The range of rates of pay for all noncertificated employeesby specific classification.
        (5) The number of employees who are full-time certificated,part-time certificated, full-time noncertificated, and part-timenoncertificated.
        (6) The lowest, highest, and average salary for theadministrative staff and the number of administrators withouta listing of the names of particular administrators.
        (7) The number of students enrolled at each grade level and thetotal enrollment.
        (8) The assessed valuation of the school corporation for theprior and current calendar year.
        (9) The tax rate for each fund for the prior and current calendaryear.
        (10) In the general fund, capital projects fund, andtransportation fund, a report of the total payment made to eachvendor for the specific fund in excess of two thousand fivehundred dollars ($2,500) during the prior calendar year.However, a school corporation is not required to include morethan two hundred (200) vendors whose total payment to eachvendor was in excess of two thousand five hundred dollars($2,500). A school corporation shall list the vendors indescending order from the vendor with the highest totalpayment to the vendor with the lowest total payment above theminimum listed in this subdivision.
        (11) A statement providing that the contracts, vouchers, andbills for all payments made by the school corporation are in itspossession and open to public inspection.
        (12) The total indebtedness as of the end of the prior calendaryear showing the total amount of notes, bonds, certificates,

claims due, total amount due from such corporation for publicimprovement assessments or intersections of streets, and anyand all other evidences of indebtedness outstanding and unpaidat the close of the prior calendar year.
    (d) The school corporation may provide an interpretation orexplanation of the information included in the financial report.
    (e) The department of education shall do the following:
        (1) Develop guidelines for the preparation and form of thefinancial report.
        (2) Provide information to assist school corporations in thepreparation of the financial report.
    (f) The annual reports required by this section and IC 36-2-2-19and the abstract required by IC 36-6-4-13 shall each be published one(1) time only, in accordance with this chapter.
    (g) Each school corporation shall submit to the department ofeducation a copy of the financial report required under this section.The department of education shall make the financial reportsavailable for public inspection.
(Formerly: Acts 1927, c.96, s.3; Acts 1929, c.200, s.1; Acts 1959,c.262, s.1.) As amended by Acts 1981, P.L.45, SEC.2; P.L.36-1986,SEC.2; P.L.342-1989(ss), SEC.1; P.L.1-1991, SEC.30; P.L.19-1992,SEC.2; P.L.38-1993, SEC.2; P.L.1-1994, SEC.17; P.L.24-1994,SEC.1; P.L.340-1995, SEC.40; P.L.34-1996, SEC.1; P.L.98-2000,SEC.1; P.L.102-2001, SEC.1; P.L.1-2005, SEC.73.

IC 5-3-1-3.5
Publication of annual report of certain political subdivisions
    Sec. 3.5. (a) This section applies to each political subdivision thathas:
        (1) an annual budget of at least three hundred thousand dollars($300,000); and
        (2) the power to levy taxes.
    (b) This section does not apply to a political subdivision that isrequired to publish an annual report under any other statute.
    (c) As used in this section, "political subdivision" has the meaningset forth in IC 36-1-2-13.
    (d) Not later than sixty (60) days after the expiration of eachcalendar year, a political subdivision shall publish an annual reportof the receipts and expenditures of the political subdivision duringthe preceding calendar year.
    (e) The annual reports required by this section shall be publishedonly one (1) time per year.
As added by P.L.141-2009, SEC.4.

IC 5-3-1-4
Notices by political subdivisions and school corporations;requirements; notice in multiple counties; supplementary notices
    Sec. 4. (a) Whenever officers of a political subdivision arerequired to publish a notice affecting the political subdivision, theyshall publish the notice in two (2) newspapers published in the

political subdivision.
    (b) This subsection applies to notices published by countyofficers. If there is only one (1) newspaper published in the county,then publication in that newspaper alone is sufficient.
    (c) This subsection applies to notices published by city, town, orschool corporation officers. If there is only one (1) newspaperpublished in the municipality or school corporation, then publicationin that newspaper alone is sufficient. If no newspaper is published inthe municipality or school corporation, then publication shall bemade in a newspaper published in the county in which themunicipality or school corporation is located and that circulateswithin the municipality or school corporation.
    (d) This subsection applies to notices published by officers ofpolitical subdivisions not covered by subsection (a) or (b). If there isonly one (1) newspaper published in the political subdivision, thenthe notice shall be published in that newspaper. If no newspaper ispublished in the political subdivision, then publication shall be madein a newspaper published in the county and that circulates within thepolitical subdivision.
    (e) This subsection applies to a political subdivision, including acity, town, or school corporation. Notwithstanding any other law, ifa political subdivision has territory in more than one (1) county,public notices that are required by law or ordered to be publishedmust be given as follows:
        (1) By publication in two (2) newspapers published within theboundaries of the political subdivision.
        (2) If only one (1) newspaper is published within the boundariesof the political subdivision, by publication in that newspaperand in some other newspaper:
            (A) published in any county in which the politicalsubdivision extends; and
            (B) that has a general circulation in the political subdivision.
        (3) If no newspaper is published within the boundaries of thepolitical subdivision, by publication in two (2) newspapers that:
            (A) are published in any counties into which the politicalsubdivision extends; and
            (B) have a general circulation in the political subdivision.
        (4) If only one (1) newspaper is published in any of the countiesinto which the political subdivision extends, by publication inthat newspaper if it circulates within the political subdivision.
    (f) A political subdivision may, in its discretion, publish publicnotices in a qualified publication or additional newspapers to providesupplementary notification to the public. The cost of publishingsupplementary notification is a proper expenditure of the politicalsubdivision.
(Formerly: Acts 1927, c.96, s.4.) As amended by Acts 1981, P.L.45,SEC.3; Acts 1981, P.L.46, SEC.1; Acts 1982, P.L.33, SEC.1;P.L.48-1983, SEC.1; P.L.5-1988, SEC.30; P.L.1-1990, SEC.51;P.L.35-1990, SEC.5; P.L.64-1995, SEC.6; P.L.38-1997, SEC.4;P.L.98-2000, SEC.2; P.L.141-2009, SEC.5.
IC 5-3-1-5
Repealed
    (Repealed by Acts 1981, P.L.45, SEC.105.)

IC 5-3-1-6
Notices published in newspapers or by state; electronic access
    Sec. 6. (a) In all cases where notices are required by law to bepublished in the public newspaper by or under the supervision of anystate officer, board, commission, or institution of the state of Indiana,said notices are hereby required to be published in each of two (2)daily newspapers published in the city of Indianapolis and in suchother cities as is required by law, said notices to be in all casespublished in two (2) newspapers in each city where they are requiredto be published. In all cases where the officer, board, commission, orinstitution making said publication is located outside of the city ofIndianapolis, said notices shall also be published in newspaperspublished within the county where said officer, board, commission,or institution maintains its office. The rate charged for all suchnotices and advertising shall be the same as is set out in section 1 ofthis chapter.
    (b) In addition to the requirements of subsection (a), a stateofficer, board, commission, or institution of the state of Indiana thatis required by law to publish a notice of a public meeting shall alsoprovide electronic access to the notice through the computer gatewayadministered by the office of technology established byIC 4-13.1-2-1.
(Formerly: Acts 1927, c.96, s.6.) As amended by P.L.25-1986,SEC.12; P.L.251-1999, SEC.3; P.L.177-2005, SEC.13.

IC 5-3-1-7
Repealed
    (Repealed by Acts 1981, P.L.45, SEC.105.)

IC 5-3-1-8
Utility regulatory commission hearings; notice
    Sec. 8. Whenever the utility regulatory commission shall order ahearing in any city, town, county, or township of the state, notice ofsuch hearing shall be published in two (2) newspapers of generalcirculation in such city, town, county, or township, by one (1)publication in each of such newspapers, not less than ten (10) daysprior to the day on which such hearing will be held.
(Formerly: Acts 1927, c.96, s.8.) As amended by P.L.23-1988, SEC.6.

IC 5-3-1-9
Violations; offense
    Sec. 9. A person who fails to comply with this article commits aClass C infraction.
(Formerly: Acts 1927, c.96, s.9.) As amended by Acts 1978, P.L.2,SEC.504.