January 11, 2010, read first time and referred to Committee on Local Government.
Second Regular Session 116th General Assembly (2010)
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
this style type.
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
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
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between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
SENATE BILL No. 230
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 5-14-1.5-5; (10)IN0230.1.1. -->
SECTION 1. IC 5-14-1.5-5, AS AMENDED BY P.L.177-2005,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 5. (a) Public notice of the date, time, and place of
any meetings, executive sessions, or of any rescheduled or reconvened
meeting, shall be given at least forty-eight (48) hours (excluding
Saturdays, Sundays, and legal holidays) before the meeting. This
requirement does not apply to reconvened meetings (not including
executive sessions) where announcement of the date, time, and place
of the reconvened meeting is made at the original meeting and recorded
in the memoranda and minutes thereof, and there is no change in the
(b) Public notice shall be given by the governing body of a public
by: as follows:
(1) The governing body of a public agency shall give public
posting a copy of the notice at the principal office of the
public agency holding the meeting or, if no such office exists, at
the building where the meeting is to be held.
(2) The governing body of a public agency shall give public
delivering notice to all news media
by January 1
an annual written request for
later than December 31
for the next succeeding calendar year to
the governing body of the public agency. The governing body
shall give notice by one (1) of the following methods:
(A) Depositing the notice in the United States mail with
(B) Transmitting the notice by electronic mail.
(C) Transmitting the notice by facsimile (fax).
(3) If the governing body of a public agency of a political
subdivision described in section 2(a)(2), 2(a)(4), or 2(a)(5) of
this chapter delivers notice of public meetings to members of
the governing body or public officials by electronic mail, the
governing body of the public agency shall also give public
notice by electronic mail to any person (excluding news
media) who delivers an annual written request for the notices
not later than December 31 for the next succeeding calendar
year to the governing body of the public agency.
If a governing body comes into existence after
January 1, December
it shall comply with this
upon receipt of a
written request for notice. In addition, a state agency (as defined in
IC 4-13-1-1) shall provide electronic access to the notice through the
computer gateway administered by the office of technology established
by IC 4-13.1-2-1.
(c) Notice of regular meetings need be given only once each year,
except that an additional notice shall be given where the date, time, or
place of a regular meeting or meetings is changed. This subsection does
not apply to executive sessions.
(d) If a meeting is called to deal with an emergency involving actual
or threatened injury to person or property, or actual or threatened
disruption of the governmental activity under the jurisdiction of the
public agency by any event, then the time requirements of notice under
this section shall not apply, but:
(1) news media
which and persons who
have requested notice of
meetings under subsection (b)(2) or (b)(3)
must be given the
same notice as is given to the members of the governing body;
(2) the public must be notified by posting a copy of the notice
according to this section. under subsection (b)(1).
(e) This section shall not apply where notice by publication is
required by statute, ordinance, rule, or regulation.
(f) This section shall not apply to:
(1) the department of local government finance, the Indiana board
of tax review, or any other governing body which meets in
continuous session, except that this section applies to meetings of
these governing bodies which are required by or held pursuant to
statute, ordinance, rule, or regulation; or
(2) the executive of a county or the legislative body of a town if
the meetings are held solely to receive information or
recommendations in order to carry out administrative functions,
to carry out administrative functions, or confer with staff
members on matters relating to the internal management of the
unit. "Administrative functions" do not include the awarding of
contracts, the entering into contracts, or any other action creating
an obligation or otherwise binding a county or town.
(g) This section does not apply to the general assembly.
(h) Notice has not been given in accordance with this section if a
governing body of a public agency convenes a meeting at a time so
unreasonably departing from the time stated in its public notice that the
public is misled or substantially deprived of the opportunity to attend,
observe, and record the meeting.