HB 1230-1_ Filed 04/28/2009, 17:58 Buck
Adopted 4/29/2009
CONFERENCE COMMITTEE REPORT
DIGEST FOR EHB 1230
Citations Affected: IC 5-3-1; IC 6-1.1-15-11; IC 36-2-6; IC 36-4.
Synopsis: Publication of notices. Requires a notice published in a newspaper to also be posted
on the newspaper's Internet web site, if the newspaper maintains an Internet web site. Prohibits
a newspaper from charging a fee for posting of the Internet notice. Eliminates the requirement
that a city publish the ordinance setting the salaries of elected city officers. Requires all political
subdivisions with a budget of at least $300,000 and the power to levy a tax to publish an annual
report (if not required under any other statute to publish an annual report). Allows the officers
of a political subdivision publishing notice to publish in only one newspaper in the political
subdivision (instead of two newspapers), if only one newspaper is published in the political
subdivision. After December 31, 2009, allows a newspaper or qualified publication to annually
increase the basic publication charges that were in effect during the previous year by not more
than 2.75%. Requires public notice advertisements to be in at least 7 point type. Eliminates the
requirement that counties publish claims (except for court allowances) before payment. (Current
law does not require municipalities to follow this procedure.) Makes conforming amendments.
Allows the board of public works and safety of a third class city to consist of three or five
members (as determined by the mayor). Requires a second class city and a third class city to
publish notice that the total number of board members has been increased or decreased. (This
conference committee report makes changes in the permitted annual increase in newspaper
publication costs.)
Effective: July 1, 2009.
CONFERENCE COMMITTEE REPORT
MADAM PRESIDENT:
Your Conference Committee appointed to confer with a like committee from the House
upon Engrossed Senate Amendments to Engrossed House Bill No. 1230 respectfully reports
that said two committees have conferred and agreed as follows to wit:
that the House recede from its dissent from all Senate amendments and that
the House now concur in all Senate amendments to the bill and that the bill
be further amended as follows:
Delete everything after the enacting clause and insert the following:
SOURCE: IC 5-3-1-1; (09)CC123002.1.1. -->
SECTION 1. IC 5-3-1-1 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 1. (a) The cost of all public notice
advertising which any elected or appointed public official or
governmental agency is required by law to have published, or orders
published, for which the compensation to the newspapers or qualified
publications publishing such advertising is drawn from and is the
ultimate obligation of the public treasury of the governmental unit
concerned with the advertising shall be charged to and collected from
the proper fund of the public treasury and paid over to the newspapers
or qualified publications publishing such advertising, after proof of
publication and claim for payment has been filed.
(b) The basic charges for publishing public notice advertising shall
be by the line and shall be computed based on a square of two hundred
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 or qualified
publications plus one dollar and sixty-five cents ($1.65) per
square for each additional insertion in newspapers or qualified
publications.
(2) After December 31, 1995, and before December 31, 2005, a
newspaper or qualified publication may, effective January 1 of
any year, increase the basic charges by five percent (5%) more
than the basic charges that were in effect during the previous year.
However, the basic charges for the first insertion of a public
notice in a newspaper or qualified publication may not exceed the
lowest classified advertising rate charged to advertisers by the
newspaper or qualified publication for comparable use of the
same amount of space for other purposes.
(3) After December 31, 2009, a newspaper or qualified
publication may, effective January 1 of any year, increase the
basic charges by not more than two and three-quarters
percent (2.75%) more than the basic charges that were in
effect during the previous year. However, the basic charges
for the first insertion of a public notice in a newspaper or
qualified publication may not exceed the lowest classified
advertising rate charged to advertisers by the newspaper or
qualified publication for comparable use of the same amount
of space for other purposes and must include all multiple
insertion discounts extended to the newspaper's other
advertisers.
An additional charge of fifty percent (50%) shall be allowed for the
publication of all public notice advertising containing rule or tabular
work.
(c) All public notice advertisements shall be set in solid type not
larger than the type used in the regular reading matter of the newspaper
or qualified publication, that is at least 7 point type, without any leads
or other devices for increasing space. All public notice advertisements
shall be headed by not more than two (2) lines, neither of which shall
total more than four (4) solid lines of the type in which the body of the
advertisement is set. Public notice advertisements may be submitted by
an appointed or elected official or a governmental agency to a
newspaper or qualified publication in electronic form, if the newspaper
or qualified publication is equipped to accept information in
compatible electronic form.
(d) Each newspaper or qualified publication publishing public
notice advertising shall submit proof of publication and claim for
payment 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 newspaper
or qualified publication furnishing proof of publication.
(e) The circulation of a newspaper or qualified publication is
determined as follows:
(1) For a newspaper, by the circulation stated on line 10.C. (Total
Paid and/or Requested Circulation of Single Issue Published
Nearest to Filing Date) of the Statement of Ownership,
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 with
each governmental agency that has public notices the qualified
publication wants to publish. The affidavit must:
(A) be filed with the governmental agency before January 1 of
each year; and
(B) attest to the circulation of the qualified publication for the
issue published nearest to October 1 of the previous year.
SOURCE: IC 5-3-1-1.5; (09)CC123002.1.2. -->
SECTION 2. IC 5-3-1-1.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 1.5. (a) This section applies after June 30, 2009, to a
notice that must be published in accordance with this chapter.
(b) If a newspaper maintains an Internet web site, a notice that
is published in the newspaper must also be posted on the
newspaper's web site. The notice must appear on the web site on
the same day the notice appears in the newspaper.
(c) The state board of accounts shall develop a standard form
for notices posted on a newspaper's Internet web site.
(d) A newspaper may not charge a fee for posting a notice on the
newspaper's Internet web site under this section.
SOURCE: IC 5-3-1-2; (09)CC123002.1.3. -->
SECTION 3. IC 5-3-1-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2. (a) This section applies only
when notice of an event is required to be given by publication in
accordance with
IC 5-3-1. 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), or (h)
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,
at least ten (10) days before the date of the election.
(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 anything else, notice shall be published two (2)
times, at least one (1) week apart, with the second publication made at
least three (3) days before the event.
(k) In case If any officer charged with the duty of publishing any
notice required by law is unable to procure advertisement:
(1) at the price fixed by law; or
(2) because the newspaper refuses to publish the advertisement;
or
(3) because the newspaper refuses to post the advertisement
on the newspaper's Internet web site (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 advertisement
publication of the notice in newspapers and on an Internet web site
(if required under section 1.5 of this chapter).
(l) If a notice of budget estimates for a political subdivision is
published as required in IC 6-1.1-17-3, and the published notice
contains an error due to the fault of a newspaper, the notice as
presented for publication is a valid notice under this chapter.
(m) Notwithstanding subsection (j), if a notice of budget estimates
for 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 date fixed
for the public hearing on the budget estimate due to the fault of a
newspaper, the notice is a valid notice under this chapter if it is
published one (1) time at least three (3) days before the hearing.
SOURCE: IC 5-3-1-3.5; (09)CC123002.1.4. -->
SECTION 4. IC 5-3-1-3.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 3.5. (a) This section applies to each political
subdivision that has:
(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 is
required to publish an annual report under any other statute.
(c) As used in this section, "political subdivision" has the
meaning set forth in IC 36-1-2-13.
(d) Not later than sixty (60) days after the expiration of each
calendar year, a political subdivision shall publish an annual report
of the receipts and expenditures of the political subdivision during
the preceding calendar year.
(e) The annual reports required by this section shall be
published only one (1) time per year.
SOURCE: IC 5-3-1-4; (09)CC123002.1.5. -->
SECTION 5. IC 5-3-1-4 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 4. (a) Whenever officers of a
political subdivision are required to publish a notice affecting the
political subdivision, they shall publish the notice in two (2)
newspapers published in the political subdivision.
(b) This subsection applies to notices published by county officers.
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, or
school corporation officers. If there is only one (1) newspaper
published in the municipality or school corporation, then publication
in that newspaper alone is sufficient. If no newspaper is published in
the municipality or school corporation, then publication shall be made
in a newspaper published in the county in which the municipality or
school corporation is located and that circulates within the municipality
or school corporation. The notice shall be posted:
(1) at or near the city or town hall or school administration
building; or
(2) at the:
(A) public building where the governing body of the respective
city, town, or school corporation meets; or
(B) post office in the municipality or school corporation (or at
the bank if there is no post office);
if the municipality does not have a city or town hall, or the school
corporation does not have an administration building.
(d) This subsection applies to notices published by officers of
political subdivisions not covered by subsection (a) or (b). including
township officers. If there is only one (1) newspaper published in the
political subdivision, then the notice shall be published in that
newspaper. and if another newspaper is published in the county and
circulates within the political subdivision in the other 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) 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.
SOURCE: IC 6-1.1-15-11; (09)CC123002.1.6. -->
SECTION 6. IC 6-1.1-15-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 11. (a) If a review or
appeal authorized under this chapter results in a reduction of the
amount of an assessment or if the department of local government
finance on its own motion reduces an assessment, the taxpayer is
entitled to a credit in the amount of any overpayment of tax on the next
successive tax installment, if any, due in that year. After the credit is
given, the county auditor shall:
(1) determine if a further amount is due the taxpayer; and
(2) if a further amount is due the taxpayer, notwithstanding
IC 5-11-10-1 and IC 36-2-6-2, without a claim or an appropriation
being required, pay the amount due the taxpayer.
The county auditor shall charge the amount refunded to the taxpayer
against the accounts of the various taxing units to which the
overpayment has been paid. The county auditor shall notify the county
executive of the payment of the amount due. and publish the allowance
in the manner provided in IC 36-2-6-3.
(b) The notice provided under subsection (a)(2) is subsection (a)
shall be treated as a claim by the taxpayer for the amount due referred
to in that subsection. subsection (a)(2).
SOURCE: IC 36-2-6-3; (09)CC123002.1.7. -->
SECTION 7. IC 36-2-6-3 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 3. (a) This section does not apply
to claims for salaries fixed in a definite amount by ordinance or statute,
per diem of jurors, and salaries of officers of a court.
(b) The county auditor shall publish all claims that have been filed
for the consideration of the county executive and shall publish all
allowances made by courts of the county. Claims filed for the
consideration of the executive shall be published at least three (3) days
before each session of the executive, and Court allowances shall be
published at least three (3) days before the issuance of warrants in
payment of those allowances. In publication of itemized statements
filed by assistant highway supervisors for consideration of the
executive, the auditor shall publish the name of each party and the total
amount due each party named in the itemized statements. Notice of
claims filed for consideration of the county executive must state their
amounts and to whom they are made. Claims and Allowances subject
to this section shall be published as prescribed by IC 5-3-1 except that
only one (1) publication in two (2) newspapers is required.
(c) A member of the county executive who considers or allows a
claim, or A county auditor who issues warrants in payment of
allowances made by the county executive or a court of the county,
before compliance with subsection (b), commits a Class C infraction.
(d) A county auditor shall publish one (1) time in accordance with
IC 5-3-1 a notice of all allowances made by a circuit or superior court.
The notice must be published within sixty (60) days after the
allowances are made and must state their amount, to whom they are
made, and for what purpose they are made.
SOURCE: IC 36-2-6-4.5; (09)CC123002.1.8. -->
SECTION 8. IC 36-2-6-4.5, AS AMENDED BY P.L.146-2008,
SECTION 688, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 4.5. (a) A county executive may
adopt an ordinance allowing money to be disbursed for lawful county
purposes under this section.
(b) Notwithstanding IC 5-11-10, with the prior written approval of
the board having jurisdiction over the allowance of claims, the county
auditor may make claim payments in advance of board allowance for
the following kinds of expenses if the county executive has adopted an
ordinance under subsection (a):
(1) Property or services purchased or leased from the United
States government, its agencies, or its political subdivisions.
(2) License or permit fees.
(3) Insurance premiums.
(4) Utility payments or utility connection charges.
(5) General grant programs where advance funding is not
prohibited and the contracting party posts sufficient security to
cover the amount advanced.
(6) Grants of state funds authorized by statute.
(7) Maintenance or service agreements.
(8) Leases or rental agreements.
(9) Bond or coupon payments.
(10) Payroll.
(11) State or federal taxes.
(12) Expenses that must be paid because of emergency
circumstances.
(13) Expenses described in an ordinance.
(c) Each payment of expenses under this section must be supported
by a fully itemized invoice or bill and certification by the county
auditor.
(d) The county executive or the county board having jurisdiction
over the allowance of the claim shall review and allow the claim at its
next regular or special meeting following the preapproved payment of
the expense.
(e) A payment of expenses under this section must be published in
the manner provided under section 3 of this chapter.
SOURCE: IC 36-4-7-2; (09)CC123002.1.9. -->
SECTION 9. IC 36-4-7-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2009]: Sec. 2. (a) As used in this section,
"compensation" means the total of all money paid to an elected city
officer for performing duties as a city officer, regardless of the source
of funds from which the money is paid.
(b) The city legislative body shall, by ordinance, fix the annual
compensation of all elected city officers. The ordinance must be
published under IC 5-3-1, with the first publication at least thirty (30)
days before final passage by the legislative body.
(c) The compensation of an elected city officer may not be changed
in the year for which it is fixed nor may it be reduced below the amount
fixed for the previous year.
SOURCE: IC 36-4-9-6; (09)CC123002.1.10. -->
SECTION 10. IC 36-4-9-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. (a) This section
applies only to second class cities.
(b) The city executive shall appoint:
(1) a city controller;
(2) a city civil engineer;
(3) a corporation counsel;
(4) a chief of the fire department;
(5) a chief of the police department; and
(6) other officers, employees, boards, and commissions required
by statute.
(c) The board of public works and safety may be composed of three
(3) members or five (5) members appointed by the executive. A
member may hold other appointive positions in city government during
the member's tenure. IC 36-4-11-2 applies to board member
appointments under this section. The executive shall appoint a clerk for
the board.
(d) If the board of public works and board of public safety are
established as separate boards, each board may be composed of three
(3) members or five (5) members who are appointed by the executive.
A member may hold other appointive positions in city government
during the member's tenure. The executive shall appoint a clerk for
each board.
(e) If the executive:
(1) increases the number of members of a board of public
works and safety, a board of public works, or a board of
public safety from three (3) to five (5) members; or
(2) decreases the number of members of a board of public
works and safety, a board of public works, or a board of
public safety from five (5) to three (3) members;
the city shall publish notice under IC 5-3-1 of the increase or
decrease in members and state the total number of members
appointed to the board.
SOURCE: IC 36-4-9-8; (09)CC123002.1.11. -->
SECTION 11. IC 36-4-9-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) This section
applies only to third class cities.
(b) The city executive shall appoint:
(1) a city civil engineer;
(2) a city attorney;
(3) a chief of the fire department;
(4) a chief of the police department; and
(5) other officers, employees, boards, and commissions required
by statute.
(c)
The board of public works and safety consists of three (3) or
five (5) members (as determined by the city executive). The
members of the board of public works and safety are:
(1) the city executive; and
(2) two (2)
or four (4) persons appointed by the executive.
If the executive increases the number of board members from
three (3) to five (5) members or decreases the number of board
members from five (5) to three (3) members, the city shall publish
notice under IC 5-3-1 of the increase or decrease in members and
state the total number of members appointed to the board.
IC 36-4-4-2 notwithstanding, a member may hold other appointive or
elective positions in city government during the member's tenure.
IC 36-4-11-2 applies to board member appointments under this section.
The city clerk is the clerk of the board.
(d) If the city legislative body adopts an ordinance under IC 36-4-12
to employ a city manager, the executive may appoint the city manager
to a position on the board of public works and safety in place of the
executive.
(Reference is to EH 1230 as reprinted March 25, 2009.)
Conference Committee Report
on
Engrossed House
Bill 1230
Text Box
S
igned by:
____________________________ ____________________________
Representative Moses Senator Buck
Chairperson
____________________________ ____________________________
Representative Hinkle Senator Deig
House Conferees Senate Conferees