reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-1. Application of Chapter

Sec. 1. This chapter applies to:
(1) all full-time firefighters hired or rehired after January 1, 1988; and
(2) all volunteer firefighters elected or appointed to membership in a volunteer fire department after January 1, 1988.
As added by P.L.49-1987, SEC.2. Amended by P.L.1-1999, SEC.84.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-3. "Full-Time Firefighter" Defined

Sec. 3. As used in this chapter, "full-time firefighter" means a full-time, fully paid firefighter employed by a political subdivision.
As added by P.L.49-1987, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-4. "Volunteer Fire Department" Defined

Sec. 4. As used in this chapter, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.
As added by P.L.49-1987, SEC.2. Amended by P.L.1-1999, SEC.85.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-5. "Volunteer Firefighter" Defined

Sec. 5. As used in this chapter, "volunteer firefighter" has the meaning set forth in IC 36-8-12-2.
As added by P.L.49-1987, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-6. Minimum Training Requirements

Sec. 6. (a) A full-time firefighter must successfully complete the minimum basic training requirements established by this chapter before the firefighter may perform the duties of a full-time firefighter for the political subdivision.
(b) A volunteer firefighter must successfully complete the minimum basic training requirements established by this chapter before the firefighter may perform the emergency response duties of a volunteer firefighter. However, after June 30, 2023, emergency response duties do not include interior firefighter operations.
(c) A volunteer firefighter who has successfully completed the minimum basic training requirements established by this chapter may be elected or appointed to membership in more than one (1) volunteer fire department.
As added by P.L.49-1987, SEC.2. Amended by P.L.50-1998, SEC.2; P.L.1-1999, SEC.86; P.L.90-2017, SEC.1; P.L.170-2022, SEC.40.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-7.5. Time to Complete Training Requirements; Extensions

Sec. 7.5. (a) Except as provided in subsection (b), an individual whose employment by a fire department as a full-time firefighter begins after December 31, 2009, must complete the training for Firefighter I and Firefighter II during the firefighter's first year of employment. The fire department that employs a firefighter shall report to the education board when the firefighter has completed the training requirements established by this subsection.
(b) The education board may grant a firefighter any number of extensions of six (6) months to complete the training required under subsection (a). An extension must be requested by the fire department that employs the firefighter. An extension may be requested for any reason, including the following:
(1) The firefighter has been attending training in accordance with section 8 of this chapter in any of the following:
(A) Hazardous materials.
(B) Paramedic training.
(C) Emergency medical technician training.
(D) Technical training.
(2) The firefighter was unable to complete the training due to economic reasons.
(c) The education board shall determine whether a firefighter receives an extension under this section.
As added by P.L.110-2009, SEC.18. Amended by P.L.187-2021, SEC.142.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-8. Training Location and Personnel

Sec. 8. (a) The training may be conducted at:
(1) a location within the political subdivision employing a full-time firefighter;
(2) the headquarters of the volunteer fire department where a volunteer firefighter is seeking membership; or
(3) any other facility where the training is offered.
(b) The training must be conducted by personnel certified as instructors by the education board.
As added by P.L.49-1987, SEC.2. Amended by P.L.1-1999, SEC.87.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-11. Establishment of Best Practices to Improve Safety and Health Outcomes; Review of Programs

Sec. 11. (a) The education board must establish best practices to improve safety and health outcomes for full-time firefighters and volunteer firefighters not later than July 1, 2021.
(b) The best practices must include:
(1) a proactive health and safety risk management system consisting of a joint employer and employee governance structure to oversee a continuous process of identification, evaluation, monitoring and controlling, and reporting of safety and health hazards in the workplace;
(2) ways to reduce firefighter risk of exposure to carcinogens; and
(3) ways to prevent or reduce the risk of injuries and illness with particular focus on causes of compensable worker's compensation or disability claims.
(c) The education board shall:
(1) review programs established by political subdivisions and volunteer fire departments implementing best practices under this section; and
(2) provide a political subdivision or volunteer fire department with a letter for submission to an insurance company for consideration in a premium or rate discount toward the purchase or procurement of worker's compensation insurance under IC 22-3-2-2 or IC 36-8-12-10 that states that the political subdivision or volunteer fire department has implemented best practices under this section.
As added by P.L.72-2020, SEC.2. Amended by P.L.32-2021, SEC.102.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-12. Best Practices Fund

Sec. 12. (a) The best practices fund is established for the purpose of providing matching grants to political subdivisions and volunteer fire departments to purchase equipment and other gear to implement best practices established under section 11 of this chapter.
(b) The fund shall be administered by the education board.
(c) The fund consists of:
(1) appropriations from the general assembly; and
(2) amounts deposited from any other public or private source.
(d) The expenses of administering the fund shall be paid from money in the fund.
(e) The treasurer of state shall invest the money in the fund not currently needed to meet obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(f) Money in the fund at the end of the state fiscal year does not revert to the state general fund.
(g) The education board shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.72-2020, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.5. Minimum Training Requirements for Firefighters › 36-8-10.5-13. Report

Sec. 13. A fire department shall:
(1) require all full-time firefighters to annually complete training described in section 7(f) of this chapter; and
(2) submit an annual report to the department of homeland security certifying compliance with this section.
As added by P.L.139-2023, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.6. Fire Chief Executive Training Program › 36-8-10.6-3. Executive Training Program for Fire Chiefs; Requirements

Sec. 3. (a) After January 1, 2022, a newly appointed fire chief of a political subdivision must successfully complete the executive training program within one (1) year of appointment unless:
(1) a course is not offered within the twelve (12) months after the date that the fire chief initially takes office; or
(2) space in the program is not available at a time that will allow the fire chief to complete the program within twelve (12) months after the date that the fire chief initially takes office.
(b) If a fire chief is unable to successfully complete the executive training program within one (1) year of appointment for any of the reasons described in subsection (a), the fire chief must successfully complete the next available executive training program that is presented by the department.
As added by P.L.187-2021, SEC.144.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.6. Fire Chief Executive Training Program › 36-8-10.6-4. Executive Training Program Subject Areas

Sec. 4. The executive training program must consist of not less than forty (40) hours of instruction and must include training in the following subject areas:
(1) Leadership development.
(2) Accounting, budgets, and state funding.
(3) Diversity and inclusion.
(4) Discipline and conflict resolution.
(5) Laws and regulations.
(6) Policies and procedures.
(7) Record management and retention.
(8) Media relations.
(9) Worker's compensation and liability.
(10) State and local government operations.
As added by P.L.187-2021, SEC.144.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.6. Fire Chief Executive Training Program › 36-8-10.6-5. Department Duties; Curriculum; Payment of Costs; Certificate of Completion

Sec. 5. The department shall do the following:
(1) Develop curriculum for the executive training program.
(2) Offer an executive training program, either in person or by electronic means, at least two (2) times per year.
(3) Pay any costs of the executive training program out of the regional public safety training fund established by IC 10-19-9.1-1.
(4) Provide a certificate of completion to any fire service personnel who complete the executive training program offered by the department.
As added by P.L.187-2021, SEC.144. Amended by P.L.201-2023, SEC.280.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.6. Fire Chief Executive Training Program › 36-8-10.6-6. Available Space in Executive Training Program Course

Sec. 6. (a) If there is any available space in an executive training program course that has not been filled by fire chiefs who are required to attend the executive training program as provided in this chapter, the department may allow any of the following individuals to enroll in the executive training program until the course is full:
(1) A chief officer.
(2) Management level personnel.
(3) A volunteer fire chief.
(4) A volunteer chief officer.
(5) Volunteer management level personnel.
(b) A person who successfully completes the executive training program while serving in a capacity other than fire chief is deemed to have complied with the training requirements under this chapter if the person is subsequently appointed as fire chief.
As added by P.L.187-2021, SEC.144.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.6. Fire Chief Executive Training Program › 36-8-10.6-7. Requirement to Complete Executive Training Program One Time During Career

Sec. 7. An appointed fire chief of a political subdivision is only required to complete the executive training program one (1) time during the fire chief's career.
As added by P.L.187-2021, SEC.144.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.6. Fire Chief Executive Training Program › 36-8-10.6-8. Failure to Complete Executive Training Program

Sec. 8. A fire chief who fails to successfully complete the executive training program as provided in this chapter may not continue to serve as fire chief until the individual successfully completes the executive training program.
As added by P.L.187-2021, SEC.144.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.7. Use of Firefighting Foam Containing Pfas Chemicals › 36-8-10.7-1. "Class B Firefighting Foam"

Sec. 1. As used in this chapter, "Class B firefighting foam" means a foam intended for use in extinguishing flammable liquid fires.
As added by P.L.22-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.7. Use of Firefighting Foam Containing Pfas Chemicals › 36-8-10.7-2. "Person"

Sec. 2. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or another legal entity.
As added by P.L.22-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.7. Use of Firefighting Foam Containing Pfas Chemicals › 36-8-10.7-3. "Pfas Chemical"

Sec. 3. As used in this chapter, "PFAS chemical" means any chemical of a class of fluorinated organic chemicals, including:
(1) perfluoroalkyl substances; and
(2) polyfluoroalkyl substances;
that contains at least one (1) fully fluorinated carbon atom and is used in firefighting agents.
As added by P.L.22-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.7. Use of Firefighting Foam Containing Pfas Chemicals › 36-8-10.7-4. "State Agency"

Sec. 4. As used in this chapter, "state agency" means any agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government.
As added by P.L.22-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.7. Use of Firefighting Foam Containing Pfas Chemicals › 36-8-10.7-5. "Testing"

Sec. 5. As used in this chapter, "testing" includes:
(1) calibration testing;
(2) conformance testing; and
(3) fixed and mobile system testing.
As added by P.L.22-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.7. Use of Firefighting Foam Containing Pfas Chemicals › 36-8-10.7-6. Ban on Use of Class B Firefighting Foam Containing Pfas Chemical for Training Purposes

Sec. 6. After June 30, 2020, a person, unit, or state agency:
(1) shall not use for training purposes a Class B firefighting foam that contains an intentionally added PFAS chemical; and
(2) for the purposes of training firefighters in the use of firefighting foam, may use only training foam that does not contain intentionally added PFAS chemicals.
As added by P.L.22-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.7. Use of Firefighting Foam Containing Pfas Chemicals › 36-8-10.7-7. Use of Class B Firefighting Foam Containing Pfas Chemical for Testing Purposes

Sec. 7. (a) After June 30, 2020, a person, unit, or state agency shall not use for testing purposes a Class B firefighting foam that contains intentionally added PFAS chemicals unless the testing facility has implemented appropriate containment, treatment, and disposal measures to prevent releases of the Class B firefighting foam to the environment.
(b) Subsection (a) applies regardless of whether the testing is required by law or by a unit or state agency having authority concerning testing by firefighters.
As added by P.L.22-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 10.7. Use of Firefighting Foam Containing Pfas Chemicals › 36-8-10.7-8. Not Prohibited or Restricted

Sec. 8. This chapter does not prohibit or restrict:
(1) the manufacture, sale, or distribution of Class B firefighting foam that contains intentionally added PFAS chemicals; or
(2) the use of Class B firefighting foam that contains intentionally added PFAS chemicals in:
(A) an emergency firefighting operation; or
(B) an emergency fire prevention operation.
As added by P.L.22-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 26 of this chapter by P.L.83-1998 applies only to purchases that occur after June 30, 1998.
As added by P.L.220-2011, SEC.675.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-2. Definitions

Sec. 2. As used in this chapter:
"Board" refers to the board of fire trustees of a fire protection district.
"Fiscal officer" means a bonded employee of the fire protection district charged with the faithful receipt and disbursement of the funds of the district.
"Freeholder" means an individual who holds land in fee, for life, or for some indeterminate period of time, whether or not in joint title.
"Interested person" includes a freeholder or corporation owning lands within the proposed or established fire protection district, a person whose property may be condemned or injured by the district, the proper officer of a municipality, an affected state agency, and all local plan commissions.
"Joint title" means joint tenancy, tenancy in common, or tenancy by the entireties.
"Primary county" refers to the county where the largest portion of a municipality is located if the municipality is located in two (2) counties.
"Secondary county" refers to the county where the smallest portion of a municipality is located if the municipality is located in two (2) counties.
[Pre-Local Government Recodification Citation: 19-1-45-1 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-3. Repealed

[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.63. Amended by Acts 1982, P.L.33, SEC.42. Repealed by P.L.213-1986, SEC.12.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-4. Districts; Establishment; Authorized Purposes

Sec. 4. (a) A county legislative body may establish fire protection districts for any of the following purposes:
(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the district.
(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and fire prevention.
(b) Any area may be established as a fire protection district, but one (1) part of a district may not be completely separate from another part. A municipality may be included in a district, but only if it consents by ordinance, unless a majority of the freeholders of the municipality have petitioned to be included in the district.
(c) Except as provided in subsection (d), the territory of a district may consist of:
(1) one (1) or more townships and parts of one (1) or more townships in the same county; or
(2) all of the townships in the same county.
The boundaries of a district need not coincide with those of other political subdivisions.
(d) The territory of a district may consist of a municipality that is located in more than one (1) county.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-2; 19-1-45-10; subsection (b) formerly 19-1-45-4.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-5. Establishment of District by Freeholders; Procedure

Sec. 5. (a) Freeholders who desire the establishment of a fire protection district must initiate proceedings by filing a petition in the office of the county auditor of the county where the freeholder's land is located. The petition may also be filed by a municipality under an ordinance adopted by its legislative body in each county where the municipality is located.
(b) The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five hundred (500), of the freeholders owning land within the proposed district; or
(2) by a majority of those freeholders owning land within the proposed district;
whichever number is less.
(c) This subsection applies to a district that consists of a municipality located in two (2) counties. The petitions filed in each county as set forth in section 5.1 of this chapter shall be considered parts of one (1) petition. The signature requirement of subsection (b) applies to the sum of the signatures on all parts of the petition.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-6; subsection (b) formerly 19-1-45-7 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.3; P.L.36-2000, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-5.1. Multiple County District; Establishment of District

Sec. 5.1. (a) This section applies to a district that consists of a municipality located in two (2) counties.
(b) This section does not apply to a merged district under section 23 of this chapter.
(c) Freeholders within the proposed district who desire the establishment of a fire protection district must initiate proceedings by filing a petition to establish the district with the county auditor of the county where the freeholder's land is located. Sections 6 and 7 of this chapter apply to a petition filed under this section. The number of freeholders who signed a petition shall be certified by the county auditor of the county that is the subject of the petition. If a petition is filed in both counties, the county auditor of the secondary county shall forward the petition to the primary county.
(d) The county auditor of the primary county shall present the petition to the legislative body of the primary county at its next regularly scheduled meeting or at a special meeting called for that purpose. Before or at the meeting, the legislative body shall determine whether the petition bears the necessary signatures and complies with requirements as to form and content. The legislative body may not dismiss a petition with the requisite signatures because of alleged defects without permitting amendments to correct errors in form or content.
(e) In determining whether the signers of a petition are freeholders, the names as they appear on the tax duplicates are prima facie evidence of the ownership of land.
(f) If the legislative body of the primary county determines that the petition conforms to the requirements of this chapter, the primary county or the secondary county, or both, may set a date for a public hearing on whether a fire protection district should, as a matter of public policy, be established in the area proposed in the petition. The district is established when both legislative bodies adopt an identical ordinance or resolution establishing the district.
As added by P.L.36-2000, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-6. Petitions; Signatures of Joint Owners and Corporations; Circulation in Counterparts

Sec. 6. (a) This section applies to petitions filed under either section 5 or 9 of this chapter.
(b) If two (2) or more freeholders own the same land in joint title, they may be counted as only one (1) freeholder for the purpose of determining what constitutes twenty percent (20%) or a majority of the freeholders.
(c) A freeholder owning land in joint title may sign the petition and the signature shall be counted. However, if two (2) or more freeholders who own the same land in joint title sign the petition, their combined signatures count only as one (1) signature for the purposes of subsections (a) and (b).
(d) Any officer authorized by the corporation may sign the petition for a private corporation owning land within the proposed district. The officer's signature is prima facie evidence of the officer's authorization.
(e) The petition may be circulated in several counterparts and still be considered a single petition.
[Pre-Local Government Recodification Citations: subsection (a) formerly 19-1-45-12 part; subsections (b), (c), (d) formerly 19-1-45-7 part; subsection (e) formerly 19-1-45-9.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.4; P.L.127-2017, SEC.267.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-7. Contents of Petition to Establish District

Sec. 7. A petition filed under section 5 of this chapter must state the following:
(1) A name for the proposed district that distinguishes the district from all other political subdivisions within or contiguous to the area included within the district.
(2) A description of the territory to be included, not necessarily by metes and bounds, but sufficiently accurate to inform the county legislative body and to apprise landowners of the possibility of the inclusion of their land within the district.
(3) A statement of the purposes for which the district is proposed to be established.
(4) A statement of the necessity and urgency of accomplishing the purposes.
(5) A statement that the creation of the district will be conducive to the public health, safety, or welfare, including a summary of the advantages to be derived from the creation of the district.
(6) A statement that the costs and damages of the district will probably be less than the benefits to be derived.
(7) Whether the petition is conditioned upon a grant of federal or state monies, and whether the conditions that are attached to the grant or grants are acceptable if the monies should be offered.
[Pre-Local Government Recodification Citation: 19-1-45-8.]
As added by Acts 1981, P.L.309, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-8. Petition to Establish District; Examination of Signatures by Legislative Body; Hearing; Ordinance or Resolution

Sec. 8. (a) After a petition is filed under section 5 of this chapter, the county auditor shall present it to the county legislative body at its next regularly scheduled meeting or at a special meeting called for that purpose. Before or at the meeting, the legislative body shall determine whether the petition bears the necessary signatures and complies with requirements as to form and content. The legislative body may not dismiss a petition with the requisite signatures because of alleged defects without permitting amendments to correct errors in form or content.
(b) In determining whether the signers of a petition are freeholders, the names as they appear on the tax duplicates are prima facie evidence of the ownership of land.
(c) If the legislative body determines that the petition conforms to the requirements of this chapter, it may set a date for a public hearing on whether a fire protection district should, as a matter of public policy, be established in the area proposed in the petition. The legislative body may also prepare an ordinance or resolution to establish the district for its consideration, in accordance with applicable laws.
[Pre-Local Government Recodification Citation: 19-1-45-11.]
As added by Acts 1981, P.L.309, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-9. Petition Against Establishment of District

Sec. 9. (a) A petition against the establishment of the fire protection district may be presented to the county legislative body at or after a hearing on the petition to establish a district and before the adoption of an ordinance or resolution establishing the district.
(b) If the legislative body finds that it contains the signatures of fifty-one percent (51%) of the freeholders within the proposed district or of the freeholders who own two-thirds (2/3) of the real property within the proposed district, determined by assessed valuation, the legislative body shall dismiss the petition for the establishment of the district.
[Pre-Local Government Recodification Citation: 19-1-45-12 part.]
As added by Acts 1981, P.L.309, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-9.5. Multiple County District; Petition Against Establishment of District

Sec. 9.5. (a) This section applies to a district that contains a municipality located in two (2) counties.
(b) This section does not apply to a merged district under section 23 of this chapter.
(c) The freeholders owning land within the proposed district may file a petition opposing the establishment of the district with the county auditor of the county where the freeholder's land is located. If a petition is filed in both counties, the county auditor of the secondary county shall forward the petition to the primary county and certify to the primary county the number of freeholders who signed the petition. A petition against the establishment of the fire protection district must be presented to the legislative body of the primary county at or after a hearing on the petition to establish a district and before the adoption of an ordinance or resolution establishing the district.
(d) If the legislative body of the primary county finds that the petition contains the signatures of fifty-one percent (51%) of the freeholders within the proposed district or of the freeholders who own two-thirds (2/3) of the real property within the proposed district, determined by assessed valuation, the legislative body shall dismiss the petition for the establishment of the district.
As added by P.L.36-2000, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-10. Limitation on Filing New Petition After Dismissal

Sec. 10. If the petition is dismissed because the county legislative body finds the evidence does not support it, a new petition to establish a district under this chapter in essentially the same area may not be addressed to the legislative body for a period of two (2) years after the date of the order dismissing the original petition.
[Pre-Local Government Recodification Citation: 19-1-45-13.]
As added by Acts 1981, P.L.309, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-11. Addition of Area to District; Procedure

Sec. 11. To add area to a fire protection district already established, the same procedure must be followed as is provided for the establishment of a district. The petition must be addressed to the legislative body of each county in which the district is located.
[Pre-Local Government Recodification Citation: 19-1-45-5.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.36-2000, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-12. Board of Fire Trustees; Appointment; Terms of Office; Vacancies

Sec. 12. (a) This section does not apply to the appointment of a governing board under section 12.5 of this chapter.
(b) Within thirty (30) days after the ordinance or resolution establishing the district becomes final, the county legislative body shall appoint a board of fire trustees. The trustees must be qualified by knowledge and experience in matters pertaining to fire protection and related activities in the district. A person who:
(1) is a party to a contract with the district; or
(2) is a member, an employee, a director, or a shareholder of any corporation or association that has a contract with the district;
may not be appointed or serve as a trustee. The legislative body shall appoint one (1) trustee from each township or part of a township contained in the district and one (1) trustee from each municipality contained in the district. If the number of trustees selected by this method is an even number, the legislative body shall appoint one (1) additional trustee so that the number of trustees is always an odd number. If the requirements of this section do not provide at least three (3) trustees, the legislative body shall make additional appointments so that there is a minimum of three (3) trustees.
(c) The original trustees shall be appointed as follows:
(1) One (1) for a term of one (1) year.
(2) One (1) for a term of two (2) years.
(3) One (1) for a term of three (3) years.
(4) All others for a term of four (4) years.
The terms expire on the first Monday of January of the year their appointments expire. As the terms expire, each new appointment is for a term of four (4) years.
(d) If a vacancy occurs on the board, the county legislative body shall appoint a trustee with the qualifications specified in subsection (b) for the unexpired term.
[Pre-Local Government Recodification Citation: 19-1-45-14.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.63-1991, SEC.5; P.L.236-2023, SEC.197.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-12.5. Authorization for Certain Counties to Establish a Nine Member Governing Board for a Fire Protection District; Powers and Duties; Term of Appointments

Sec. 12.5. (a) This section applies only to a county for which a fire protection district includes all of the incorporated and unincorporated area of the county.
(b) The county legislative body may adopt an ordinance to establish a nine (9) member governing board for the fire protection district. The ordinance must provide that the governing board consists of the following:
(1) Eight (8) governing board members appointed by the county legislative body who meet the following requirements:
(A) Each governing board member must be an active member of the board of fire trustees at the time of appointment to the governing board. Upon appointment to the governing board, the individual ceases to be a member of the board of fire trustees.
(B) Two (2) governing board members must reside in each of the following four (4) geographic areas of the county that contain as nearly as possible, equal area in square miles:
(i) Northwest.
(ii) Northeast.
(iii) Southwest.
(iv) Southeast.
(2) One (1) governing board member who is a member of the county executive and serves on the board by virtue of their office. Notwithstanding section 14(c) of this chapter, the member may not receive any compensation for serving on the governing board but may be compensated for expenses.
(c) Beginning on the date specified in the ordinance establishing the governing board, the following occurs:
(1) Only the governing board shall have the powers and duties of a board of fire trustees that are set forth in section 15 of this chapter or in any other statute. Unless expressly provided otherwise, any reference in this chapter or other statute to a board of fire trustees or a member of the board of fire trustees is a reference to the governing board or a member of the governing board.
(2) The board of fire trustees:
(A) continues in existence solely as an advisory body to the governing board; and
(B) does not have any of the powers and duties of a board of fire trustees that are set forth in section 15 of this chapter or in any other statute.
Sections 12, 13, and 14 of this chapter continue to apply to the administration of the board of fire trustees.
(d) Except as provided in subsection (e), the term of a member appointed to the governing board is four (4) years. The terms expire on the first Monday of January of the year their appointments expire.
(e) The county legislative body may provide, in the ordinance establishing the governing board, for the staggering of the terms of the original governing board members appointed under subsection (b)(1).
(f) If a vacancy occurs on the governing board, the county legislative body shall appoint a member with the qualifications set forth in this section for the unexpired term.
As added by P.L.236-2023, SEC.198.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-13. Trustees Meetings and Special Meetings

Sec. 13. (a) The board shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July, and October. The county legislative body may order that regular meetings be held more frequently.
(b) Special meetings of the board may be called by the chair or by two (2) trustees, upon written request to the secretary. At least three (3) days before a special meeting, the secretary shall send to all trustees a written notice fixing the time and place of the meeting. Written notice of a special meeting is not required if:
(1) the time of the special meeting has been fixed in a regular meeting; or
(2) all trustees were present at a meeting at which a special meeting was called.
[Pre-Local Government Recodification Citation: 19-1-45-15.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.127-2017, SEC.268.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-14. Trustees; Officers; Quorum; Approval of Actions; Compensation; Offices; Records

Sec. 14. (a) At the first regular meeting each year, the trustees of the board shall elect a chair and vice chair from their number. The vice chair shall act as chair during the absence or disability of the chair.
(b) A majority of the trustees constitutes a quorum. An action of the board is official, however, only if it is authorized by a majority of the trustees at a regular or properly called special meeting.
(c) Each trustee may receive not more than one hundred dollars ($100) a day for each day devoted to the work of the district. In addition, each trustee may be reimbursed for actual expenses, including traveling expense at a rate equivalent to that provided by statute for state employees. Claims for expense reimbursement must be accompanied by an itemized written statement and approved by a recorded motion of the board.
(d) At the time the county legislative body initially appoints the board, it shall order where the board will maintain its offices. The offices may not be changed without approval of the legislative body. The board shall arrange for office space and keep a record of all transactions and minutes of all meetings in the office. All records and minutes shall be kept available for public inspection.
[Pre-Local Government Recodification Citation: 19-1-45-16.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.127-2017, SEC.269; P.L.4-2019, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-16. Taxing District; District Considered Municipal Corporation

Sec. 16. All the real property within a fire protection district constitutes a taxing district for the purpose of levying taxes to pay for the construction, operation, and maintenance of district programs and facilities. A tax levied must be levied at a uniform rate upon all taxable property within the district. A fire protection district is a municipal corporation within the meaning of the Constitution of Indiana and all general statutes.
[Pre-Local Government Recodification Citation: 19-1-45-18.]
As added by Acts 1981, P.L.309, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-17. Bonds; Authorization

Sec. 17. Bonds may be issued only against the taxable property of a fire protection district and may be paid in part by revenues derived from reasonable charges for services or property produced incident to the operation of the district. Bonds shall be issued in the same manner as conservancy district bonds are issued under IC 14-33-11.
[Pre-Local Government Recodification Citation: 19-1-45-19 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.1-1995, SEC.85.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-18. Annual Budget; Tax Levy

Sec. 18. (a) The board shall annually budget the necessary money to meet the expenses of operation and maintenance of the district, including repairs, fees, salaries, depreciation on all depreciable assets, rents, supplies, contingencies, bond redemption, and all other expenses lawfully incurred by the district. After estimating expenses and receipts of money, the board shall establish the tax levy required to fund the estimated budget.
(b) The budget must be approved by the fiscal body of the county and the department of local government finance.
(c) Upon approval by the department of local government finance, the board shall certify the approved tax levy to the auditor of the county having land within the district. The auditor shall have the levy entered on the county treasurer's tax records for collection. After collection of the taxes the auditor shall issue a warrant on the treasurer to transfer the revenues collected to the board, as provided by statute.
[Pre-Local Government Recodification Citation: 19-1-45-20 part.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.90-2002, SEC.491; P.L.224-2007, SEC.127; P.L.146-2008, SEC.780; P.L.257-2019, SEC.152.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-19. No Duplicate Tax Levies

Sec. 19. The department of local government finance, when approving a rate and levy fixed by the board, shall verify that a duplication of tax levies does not exist between a fire protection district and a municipality or township within the boundaries of the district, so that taxpayers do not bear two (2) levies for the same service, except as provided by section 20 of this chapter.
[Pre-Local Government Recodification Citation: 19-1-45-21.]
As added by Acts 1981, P.L.309, SEC.63. Amended by P.L.90-2002, SEC.492.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-20. Indebtedness Incurred Before Establishment of District

Sec. 20. A unit that incurred indebtedness for fire protection services before the establishment of a fire protection district under this chapter shall continue to repay that indebtedness by levies within the boundaries of the unit until the indebtedness is paid in full.
[Pre-Local Government Recodification Citation: 19-1-45-22.]
As added by Acts 1981, P.L.309, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-21. Disbanding Fire Department Not Required

Sec. 21. This chapter does not require a municipality or township to disband its fire department unless its legislative body consents by ordinance.
[Pre-Local Government Recodification Citation: 19-1-45-23 part.]
As added by Acts 1981, P.L.309, SEC.63.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-22. Areas Annexed by Municipalities

Sec. 22. (a) Any area that is part of a fire protection district and is annexed by a municipality that is not a part of the district ceases to be a part of the fire protection district when the municipality begins to provide fire protection services to the area.
(b) Notwithstanding subsection (a), if a fire protection district has a total net assessed value (as determined by the county auditor) of more than one billion dollars ($1,000,000,000) on the date that the annexation ordinance is adopted:
(1) the annexed area shall remain a part of the fire protection district after the annexation takes effect; and
(2) the fire protection district shall continue to provide fire protection services to the annexed area.
Nothing in this section requires a municipality to provide fire protection services to an annexed area described in this subsection.
As added by P.L.341-1987, SEC.4. Amended by P.L.236-2019, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-22.1. Multiple County District; Board of Fire Trustees

Sec. 22.1. (a) This section applies to a district that consists of a municipality that is located in two (2) counties.
(b) This section does not apply to a merged district under section 23 of this chapter.
(c) Sections 6 and 7 of this chapter apply to the petition.
(d) The board of fire trustees for the district shall be appointed as prescribed by section 12 of this chapter. However, the legislative body of each county within which the district is located shall jointly appoint one (1) trustee from each township or part of a township contained in the district and one (1) trustee from the municipality contained in the district. The legislative body of each county shall jointly appoint a member to fill a vacancy.
(e) Sections 13, 14, and 15 of this chapter relating to the board of fire trustees apply to the board of the district. However, the county legislative bodies serving the district shall jointly decide where the board shall locate (or approve location of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the taxing district, bonds, annual budget, tax levies, and disbanding of fire departments apply to the district. However, the budget must be approved by the county fiscal body in each county in the district. In addition, the auditor of each county in the district shall perform the duties described in section 18(c) of this chapter.
As added by P.L.36-2000, SEC.8. Amended by P.L.224-2007, SEC.128; P.L.146-2008, SEC.781; P.L.257-2019, SEC.153.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-23. Merger of Districts

Sec. 23. (a) Any fire protection district may merge with one (1) or more protection districts to form a single district if at least one-eighth (1/8) of the aggregate external boundaries of the districts coincide.
(b) The legislative body of the county where at least two (2) districts are located (or if the districts are located in more than one (1) county, the legislative body of each county) shall, if petitioned by freeholders in the two (2) districts, adopt an ordinance merging the districts into a single fire protection district.
(c) Freeholders who desire the merger of at least two (2) fire protection districts must initiate proceedings by filing a petition in the office of the county auditor of each county where a district is located. The petition must be signed:
(1) by at least twenty percent (20%), with a minimum of five hundred (500) from each district, of the freeholders owning land within the district; or
(2) by a majority of the freeholders from the districts;
whichever is less.
(d) The petition described in subsection (c) must state the same items listed in section 7 of this chapter. Sections 6, 8, and 9 of this chapter apply to the petition and to the legislative body of each county in the proposed district.
(e) The board of fire trustees for each district shall form a single board, which shall continue to be appointed as prescribed by section 12 of this chapter. In addition, sections 13, 14, and 15 of this chapter relating to the board of fire trustees apply to the board of the merged district, except that if the merged district lies in more than one (1) county, the county legislative bodies serving the combined district shall jointly decide where the board shall locate (or approve relocation of) its office.
(f) Sections 16, 17, 18, 19, and 21 of this chapter relating to the taxing district, bonds, annual budget, tax levies, and disbanding of fire departments apply to a merged district. However, the budget must be approved by the county fiscal body in each county in the merged district. In addition, the auditor of each county in the district shall perform the duties described in section 18(c) of this chapter.
As added by P.L.341-1987, SEC.5. Amended by P.L.63-1991, SEC.6; P.L.224-2007, SEC.129; P.L.146-2008, SEC.782; P.L.257-2019, SEC.154.