Bill Text: IN SB0321 | 2013 | Regular Session | Introduced
Bill Title: Volunteer firefighters holding elected office.
Sponsorship: Bipartisan Bill
Status: (Introduced - Dead) 2013-01-24 - Senator R. Young added as third author [SB0321 Detail]
Download: Indiana-2013-SB0321-Introduced.html
Citations Affected: IC 3-5-9.
Synopsis: Volunteer firefighters holding elected office. Allows a
volunteer firefighter to hold an elected office of a unit that receives fire
protection services from the volunteer fire department or fire
department in which the volunteer firefighter serves if the volunteer
firefighter does not receive compensation for services provided to the
department. Provides that "compensation for services" does not include
the following: (1) A clothing or automobile allowance. (2) Membership
fees in a volunteer firefighters' association. (3) Insurance. Provides that
if a volunteer firefighter serves in more than one department, the
firefighter may hold an elected office of a unit if the volunteer
firefighter does not receive compensation for services from any
department that provides fire protection to the unit. Provides that a
volunteer firefighter who serves in a department that provides fire
protection service to more than one unit may hold an elected office of
any unit served by the department if the firefighter does not receive
compensation for services to the department.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Local Government.
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(1) under a contract, excluding a mutual aid agreement; or
(2) as the unit's fire department;
may not assume or hold an elected office of a unit that receives fire protection services from the department in which the volunteer firefighter serves.
(b) An individual who:
(1) is an employee of a unit, serving as a full-time, paid firefighter; or
(2) serves as a volunteer firefighter;
in a department that provides fire protection services to more than one (1) unit, excluding fire protection services provided under mutual aid
agreements, may not assume or hold an elected office of any unit that
receives fire protection services from the department.
(1) serves as a volunteer firefighter in a volunteer fire department or fire department that provides fire protection service to a unit; and
(2) does not receive compensation for services provided to the department;
is not prohibited under this chapter from assuming or holding an elected office of a unit served by the department in which the individual serves.
(b) An individual serving as a volunteer firefighter who receives from a department only:
(1) a clothing or automobile allowance or membership fees under IC 36-8-12-5; or
(2) insurance coverage under IC 36-8-12-6 through IC 36-8-12-10;
does not receive compensation for services provided to that department for purposes of this chapter.
(c) This subsection applies to an individual who serves as a volunteer firefighter in more than one (1):
(1) volunteer fire department; or
(2) fire department.
An individual is not prohibited under this chapter from assuming or holding an elected office of a unit if the individual does not receive compensation for services provided to any department that provides fire services to the unit.
(d) This subsection applies to an individual who serves as a volunteer firefighter in only one (1):
(1) volunteer fire department; or
(2) fire department;
that provides fire protection services to more than one (1) unit. An individual is not prohibited under this chapter from assuming or holding an elected office of a unit served by the department in which the individual serves as a volunteer firefighter if the individual does not receive compensation for services provided to the department.
firefighter who:
(1) assumes or holds an elected office of a unit; and
(2) is not prohibited under this chapter from assuming or
holding the elected office;
as set forth in section 4.5 of this chapter.
(a) (b) Notwithstanding sections 4 and 5 of this chapter:
(1) a volunteer firefighter who assumes or holds an elected office
on January 1, 2013, may continue to hold the elected office and
serve as a volunteer firefighter; and
(2) a government employee who assumes or holds an elected
office on January 1, 2013, may continue to hold the elected office
and be employed as a government employee;
until the term of the elected office that the volunteer firefighter or
government employee is serving on January 1, 2013, expires.
(b) (c) After the expiration of the term of the elected office that the
volunteer firefighter referred to in subsection (a) (b) is serving on
January 1, 2013, the volunteer firefighter is subject to section 4 of this
chapter with respect to serving as a volunteer firefighter and assuming
or holding an elected office of the unit that receives fire protection
services from the department in which the volunteer firefighter serves.
(c) (d) After the expiration of the term of the elected office that the
government employee referred to in subsection (a) (b) is serving on
January 1, 2013, the government employee is subject to section 5 of
this chapter with respect to assuming or holding an elected office and
being employed by the unit that employs the government employee.
