Bill Text: IN HB1365 | 2011 | Regular Session | Enrolled
Bill Title: Volunteer fire department recovery of costs.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1365 Detail]
Download: Indiana-2011-HB1365-Enrolled.html
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AN ACT to amend the Indiana Code concerning local government.
(1) that is responded to by the volunteer fire department; and
(2) that members of that volunteer fire department assisted in extinguishing, containing, or cleaning up.
A second or subsequently responding volunteer fire department may not impose a charge on an owner or responsible party under this section, although it may be entitled to reimbursement from the first responding volunteer fire department in accordance with an interlocal or other agreement.
(b) A volunteer fire department that is funded, in whole or in part:
(1) by taxes imposed by a unit; or
(2) by a contract with a unit;
may not impose a charge under subsection (a) on a natural person who resides or pays property taxes within the boundaries of the
unit described in subdivision (1) or (2), unless the spill or the
chemical or hazardous material fire poses an imminent threat to
persons or property.
(b) (c) The volunteer fire department shall bill the owner or
responsible party of the vehicle for the total dollar value of the
assistance that was provided, with that value determined by a method
that the state fire marshal shall establish under IC 36-8-12-16. section
16 of this chapter. A copy of the fire incident report to the state fire
marshal must accompany the bill. This billing must take place within
thirty (30) days after the assistance was provided. The owner or
responsible party shall remit payment directly to the governmental unit
providing the service. Any money that is collected under this section
may be:
(1) deposited in the township firefighting fund established in
IC 36-8-13-4;
(2) used to pay principal and interest on a loan made by the
department of homeland security established by IC 10-19-2-1 or
a division of the department for the purchase of new or used
firefighting and other emergency equipment or apparatus; or
(3) used for the purchase of equipment, buildings, and property
for firefighting, fire protection, and other emergency services.
(c) (d) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) (e) An agent who processes fees on behalf of a fire department
shall send all bills, notices, and other related materials to both the fire
department and the person being billed for services.
(e) (f) All fees allowed by Indiana law and the fire marshal's fee
schedule must be itemized separately from any other charges.
(f) (g) The volunteer fire department may maintain a civil action to
recover an unpaid charge that is imposed under subsection (a) and
may, if it prevails, recover all costs of the action, including
reasonable attorney's fees.
(1) At the following times, the department gives notice under IC 5-3-1-4(d) in each political subdivision served by the department of the amount of the service charge for each service that the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a service charge.
(2) The property owner has not sent written notice to the department to refuse service by the department to the owner's property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing within thirty (30) days after the services are provided;
(B) includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report;
(C) must contain verification that the bill has been approved by the chief of the volunteer fire department; and
(D) must contain language indicating that correspondence from the property owner and any question from the property owner regarding the bill should be directed to the department.
(4) Payment is remitted directly to the governmental unit providing the service.
(b) A volunteer fire department shall use the revenue collected from the fire service charges under this section:
(1) for the purchase of equipment, buildings, and property for firefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under IC 36-8-13-4; or
(3) to pay principal and interest on a loan made by the department of homeland security established by IC 10-19-2-1 or a division of the department for the purchase of new or used firefighting and other emergency equipment or apparatus.
(c) Any administrative fees charged by a fire department's agent must be paid only from fees that are collected and allowed by Indiana law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall send all bills, notices, and other related materials to both the fire department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee schedule must be itemized separately from any other charges.
(f) If at least twenty-five percent (25%) of the money received by a volunteer fire department for providing fire protection or emergency services is received under one (1) or more contracts with one (1) or more political subdivisions (as defined in IC 34-6-2-110), the legislative body of a contracting political subdivision must approve the schedule of service charges established under subsection (a) before the schedule of service charges is initiated in that political subdivision.
(g) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire protection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of service charges collected during the previous calendar year and how those funds have been expended.
(h) The state fire marshal shall annually prepare and publish a recommended schedule of service charges for fire protection services.
(i) The volunteer fire department or its agent may maintain a civil action to recover an unpaid service charge under this section and may, if it prevails, recover all costs of the action, including reasonable attorney's fees.
(1) an alarm caused by improper installation or improper maintenance; or
(2) a drill or test, if the fire department is not previously notified that the alarm is a drill or test.
However, if the owner of property that constitutes the owner's residence establishes that the alarm is under a maintenance contract with an alarm company and that the alarm company has been notified of the improper installation or maintenance of the alarm, the alarm company is liable for the payment of the fee or service charge.
(b) Before establishing a false alarm service charge, the volunteer fire department must provide notice under IC 5-3-1-4(d) in each
political subdivision served by the department of the amount of the
false alarm service charge. The notice required by this subsection must
be given:
(1) before the false alarm service charge is initiated; and
(2) before a change in the amount of the false alarm service
charge.
(c) A volunteer fire department may not collect a false alarm service
charge from a property owner or alarm company unless the
department's bill for payment of the service charge:
(1) is submitted to the property owner in writing within thirty (30)
days after the false alarm; and
(2) includes a copy of a fire incident report in the form prescribed
by the state fire marshal.
(d) A volunteer fire department shall use the money collected from
the false alarm service charge imposed under this section:
(1) for the purchase of equipment, buildings, and property for fire
fighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under
IC 36-8-13-4; or
(3) to pay principal and interest on a loan made by the department
of homeland security established by IC 10-19-2-1 or a division of
the department for the purchase of new or used firefighting and
other emergency equipment or apparatus.
(e) If at least twenty-five percent (25%) of the money received by a
volunteer fire department for providing fire protection or emergency
services is received under one (1) or more contracts with one (1) or
more political subdivisions (as defined in IC 34-6-2-110), the
legislative body of a contracting political subdivision must approve the
false alarm service charge established under subsection (a) before the
service charge is initiated in that political subdivision.
(f) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire
protection or emergency services; and
(2) imposes a false alarm service charge under this section;
must submit a report to the legislative body of the political subdivision
before April 1 of each year indicating the amount of false alarm
charges collected during the previous calendar year and how those
funds have been expended.
(g) The volunteer fire department may maintain a civil action to
recover unpaid false alarm service charges imposed under this section
and may, if it prevails, recover all costs of the action, including
reasonable attorney's fees.
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