Bill Text: IN SB0230 | 2010 | Regular Session | Amended
Bill Title: E-mail notification of local government meetings.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2010-02-08 - First reading: referred to Committee on Local Government [SB0230 Detail]
Download: Indiana-2010-SB0230-Amended.html
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.
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.
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A BILL FOR AN ACT to amend the Indiana Code concerning state
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(b) Public notice shall be given by the governing body of a public agency
(1) The governing body of a public agency shall give public notice by 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 notice by delivering notice to all news media
(A) Depositing the notice in the United States mail with postage prepaid.
(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 proceeding; and
(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
(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
body; and
(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
(b)(3).
(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.