February 2, 2010
SENATE BILL No. 230
DIGEST OF SB 230
(Updated February 1, 2010 4:21 pm - DI 87)
Citations Affected: IC 5-14.
Synopsis: E-mail notification of local government meetings. Provides
that if the governing body of a public agency of a political subdivision
provides initial notice of public meetings to members of the governing
body or public officials by electronic mail, the governing body of a
public agency shall also give initial public notice by electronic mail to
any person (excluding news media) who annually requests notice of
meetings. Provides that a governing body that fails to give initial notice
by electronic mail: (1) does not invalidate any proceedings of the
governing body including the validity of any bonds issued; and (2) a
court may not declare void any policy, decision, or final action or final
action of the governing body based on the failure to give notice.
Effective: July 1, 2010.
, Schneider, Mrvan
January 11, 2010, read first time and referred to Committee on Local Government.
January 28, 2010, reported favorably _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
February 2, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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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)SB0230.2.1. -->
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 initial 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 the initial 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. For purposes of this subdivision, "initial notice"
means the first notice provided of a meeting and does not
include any subsequent notices, unless the meeting date, time,
or location is changed. If a governing body fails to give initial
notice under this subdivision:
(A) the failure to give notice does not invalidate any
proceedings taken by the governing body, including the
validity of any bonds issued that are the subject of the
(B) a court may not declare void any policy, decision, or
final action under section 7 of this chapter based on the
failure to give a person notice under this subdivision.
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 have requested notice of meetings must be
given the same notice as is given to the members of the governing
(2) the public must be notified by posting a copy of the notice
according to this section.
Notice of the meeting is not required to be given under subsection
(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.