Bill Text: IN HB1156 | 2010 | Regular Session | Introduced
Bill Title: Fire service fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Ways and Means [HB1156 Detail]
Download: Indiana-2010-HB1156-Introduced.html
Citations Affected: IC 36-8-23; IC 36-8-24.
Effective: Upon passage; July 1, 2010.
January 7, 2010, read first time and referred to Committee on Ways and Means.
Digest Continued
fire department that imposed, charged, or
assessed the fire service fee.
Specifies that a fire service fee is not enforceable as a lien against a
subsequent owner of property unless the lien for the fire service fee was
recorded with the county recorder before conveyance to the subsequent
owner.
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
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 word NEW 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 or
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Chapter 23. Optional Fire Services Fee
Sec. 1. As used in this chapter, "eligible person" means a person that owns or rents any eligible property.
Sec. 2. As used in this chapter, "eligible property" means the following:
(1) A homestead (as defined in IC 6-1.1-12-37).
(2) Real property that has at least one (1) and not more than four (4) rental units.
(3) A mobile home assessed under IC 6-1.1-7.
Sec. 3. As used in this chapter, "fire department" means a paid fire department or volunteer fire department that renders fire prevention or fire protection services.
Sec. 4. As used in this chapter, "optional fire services fee" refers to the fee paid under a program established by a fire department under section 6 of this chapter.
Sec. 5. (a) A county fiscal body may adopt an ordinance authorizing fire departments in the county to establish an optional fire services fee under this chapter.
(b) The ordinance adopted under subsection (a) must specify:
(1) the amount of the optional fire services fee; and
(2) whether an eligible person who chooses to pay the optional fire services fee:
(A) must pay the optional fire services fee in a lump sum; or
(B) may pay the optional fire services fee in installments, with interest as specified in the ordinance.
(c) A county fiscal body may amend or rescind an ordinance adopted under subsection (a).
Sec. 6. If a county fiscal body adopts an ordinance under section 5 of this chapter authorizing fire departments to establish an optional fire services fee, any fire department in the county may establish a program under which an eligible person may:
(1) pay the optional fire services fee; and
(2) be covered by this chapter.
Sec. 7. (a) If a fire department has established an optional fire services fee program under section 6 of this chapter, an eligible person may choose to pay to the fire department the optional fire services fee for a year for one (1) or more eligible properties that are:
(1) owned or rented by the eligible person; and
(2) located in the jurisdiction, area, territory, or district in which the fire department provides fire prevention or fire protection services.
(b) If an eligible person pays to a fire department an optional fire services fee for a particular eligible property, except as provided in subsection (c), a fee, service charge, user fee, or other reimbursement charge may not be imposed on:
(1) the eligible property; or
(2) the eligible person that owns or rents the eligible property;
by the fire department or any political subdivision, fire protection territory, or fire protection district on account of a specific fire protection service run or response made by the fire department to the eligible property during the year for which the optional fire services fee is paid.
(c) If:
(1) an eligible person pays to a fire department an optional fire services fee for a particular eligible property;
(2) the eligible person files a claim with an insurer under a property insurance policy that provides coverage of the eligible property;
(3) the property insurance policy, in addition to coverage for loss or damage to property, provides for reimbursement to a fire department that incurs costs in making a fire protection service run or response to the eligible property; and
(4) the insurer is liable to the eligible person on a claim filed by the eligible person under the property insurance policy;
the fact that the eligible person has paid to the fire department an optional fire services fee for the eligible property does not relieve the insurer of the responsibility for paying the reimbursement under the property insurance policy to the fire department that incurs costs in making a fire protection service run or response to the eligible property.
(d) A person may not be required to pay an optional fire services fee.
(e) A fire department may not limit or refuse to provide to an eligible property fire protection services that are otherwise provided by the fire department to other property because an optional fire services fee has not been paid for the eligible property.
Sec. 8. An optional fire services fee paid to a fire department may be used only by the fire department to pay the expenses of providing fire prevention or fire protection services.
Sec. 9. If an eligible person pays an optional fire services fee for a particular eligible property to a fire department, the fire department shall:
(1) maintain a record of the payment as necessary to carry out this chapter; and
(2) issue to the eligible person a placard or decal to display on the eligible property or the grounds of the eligible property as evidence that the eligible person has paid the optional fire services fee.
Sec. 10. Except as provided in section 7 of this chapter, this chapter does not prohibit a political subdivision or fire department from adopting or imposing one (1) or more fees or charges for public safety services under the home rule powers under IC 36-1-3 or any other law.
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2010]:
Chapter 24. Liens for Delinquent Fire Service Fees
Sec. 1. As used in this chapter, "fire department" means a paid
fire department or volunteer fire department that renders fire
prevention or fire protection services.
Sec. 2. As used in this chapter, "fire service fee" means any fee,
service charge, or user fee imposed, charged, or assessed:
(1) against real property; or
(2) against the owner of real property;
by a political subdivision, fire protection territory, fire protection
district, or fire department for a specific fire protection service run
or response made by a fire department to the real property.
Sec. 3. (a) Except as otherwise provided by law, a fire service fee
that:
(1) is imposed, charged, or assessed for a specific fire
protection service run or response made after June 30, 2010,
by a fire department to real property; and
(2) is more than ninety (90) days delinquent;
constitutes a lien against that real property. The lien attaches when
notice of the lien is recorded in the office of the county recorder in
which the real property is located. The lien is superior to all other
liens except liens for taxes.
(b) Whenever a political subdivision, fire protection territory,
fire protection district, or fire department determines it is
necessary, the person responsible for collecting a fire service fee
shall prepare an instrument for each lot or parcel of real property
on which a fire service fee is more than ninety (90) days delinquent.
(c) The person responsible for collecting the fire service fee shall
record a copy of each instrument with the county recorder, who
shall charge a fee for recording the list or instrument under the fee
schedule established in IC 36-2-7-10.
(d) The amount of a lien shall be placed on the tax duplicate by
the county auditor. The total amount, including any accrued
interest, shall be collected in the same manner as delinquent taxes
are collected and shall be disbursed to the political subdivision, fire
protection territory, fire protection district, or fire department
that imposed, charged, or assessed the fire service fee.
(e) A fire service fee is not enforceable as a lien against a
subsequent owner of property unless the lien for the fire service fee
was recorded with the county recorder before conveyance to the
subsequent owner. If the property is conveyed before the lien is
recorded, the political subdivision, fire protection territory, fire
protection district, or fire department shall notify the person who
owned the property at the time the fee became payable of the fire
service fee. The notice must inform the person that payment,
including any penalty fees for delinquencies, is due not later than
fifteen (15) days after the date of the notice.
(f) The political subdivision, fire protection territory, fire
protection district, or fire department that imposed, charged, or
assessed the fire service fee shall release:
(1) liens filed with the county recorder after the recorded date
of conveyance of the property; and
(2) delinquent fire service fees incurred by the seller;
upon receipt of a written demand from the purchaser or a
representative of the title insurance company or the title insurance
company's agent that issued a title insurance policy to the
purchaser. The demand must certify that the delinquent fire
service fees were not incurred by the purchaser as a user, lessee, or
previous owner and that the purchaser has not been paid by the
seller for the delinquent fire service fees.
(g) The county auditor shall remove the fire service fees and
penalties that were not recorded before a recorded conveyance to
a subsequent owner upon receipt of a copy of the written demand
under subsection (f).
Sec. 4. A lien authorized under this chapter is in addition to any
other remedy that may be available.
