reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-26. Purchase of Firefighting Equipment on Installment Conditional Sale or Mortgage Contract

Sec. 26. After a sufficient appropriation for the purchase of firefighting apparatus and equipment, including housing, is made and is available, the district's fiscal officer, with the approval of the board and the county fiscal body, may purchase the firefighting apparatus and equipment for the district on an installment conditional sale or mortgage contract running for a period not exceeding fifteen (15) years. The purchase shall be amortized in equal or approximately equal installments payable on January 1 and July 1 each year.
As added by P.L.83-1998, SEC.2. Amended by P.L.90-2002, SEC.493; P.L.178-2002, SEC.133; P.L.19-2013, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-27. Payment of Line of Duty Health Care Expenses for Firefighters

Sec. 27. (a) A fire protection district shall pay for the care of a full-time, paid firefighter who suffers:
(1) an injury; or
(2) contracts an illness;
during the performance of the firefighter's duties.
(b) The fire protection district shall pay for the following expenses incurred by a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents and means.
(3) X-ray, diagnostic, and therapeutic service, including service provided during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the fund used by the fire protection district for payment of the costs attributable to providing fire protection services in the fire protection district.
(d) A fire protection district that has paid for the care of a firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the firefighter has a cause of action for:
(1) an injury sustained because of; or
(2) an illness caused by;
the third party. The fire protection district's cause of action under this subsection is in addition to, and not instead of, the cause of action of the firefighter against the third party.
As added by P.L.150-2002, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 11. Fire Protection Districts › 36-8-11-28. Member Residency

Sec. 28. A firefighter who is a member of the fire department of a fire protection district is not subject to residency requirements but must:
(1) have adequate means of transportation into the jurisdiction served by the member's fire department; and
(2) maintain telephone service to communicate with the member's fire department.
As added by P.L.122-2023, SEC.32.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The formula added to section 6 of this chapter by P.L.70-1995 applies to insurance policies that are entered into or renewed after December 31, 1995.
As added by P.L.220-2011, SEC.676.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-1. Application of Chapter

Sec. 1. Except as provided in section 10 of this chapter, this chapter applies to all units except counties.
[Pre-Local Government Recodification Citation: 19-1-40-2.]
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.72-1992, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-3. Agreements With Units; Authorization

Sec. 3. A unit may enter into an agreement with one (1) or more volunteer fire departments that maintain adequate firefighting service for the use and operation of firefighting apparatus and equipment owned by the volunteer fire department, including the service of the operators of the apparatus and equipment, so that the private and public property of the unit is saved from destruction by fire.
[Pre-Local Government Recodification Citation: 19-1-40-5.]
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999, SEC.89.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-4. Agreements With Units; Consideration

Sec. 4. The contract between a unit and a volunteer fire department must provide that the unit pay to the department, as consideration for the contract, an amount of money that is determined by negotiation between them. This consideration must include the amounts that the unit is required to pay under this chapter for insurance premiums and clothing, automobile, and other allowances.
[Pre-Local Government Recodification Citation: 19-1-40-5.5.]
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999, SEC.90.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-4.5. Agreements to Provide Services

Sec. 4.5. If a city, town, or township contracts with a volunteer fire department to provide services to the city, town, or township for a purpose authorized under this chapter, the contract must be:
(1) in writing; and
(2) for a fixed term.
As added by P.L.257-2019, SEC.155.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-5. Clothing and Automobile Allowances; Fees for Membership in Firefighters' Association

Sec. 5. (a) Unless otherwise provided by contract, a unit served by a volunteer fire department shall pay to each active and participating member of the department:
(1) a clothing allowance of not less than one hundred dollars ($100) per year; and
(2) an automobile allowance of not less than one hundred dollars ($100) per year for the use of the member's automobile in the line of duty.
(b) A contract may also provide that fees for membership in a regularly organized volunteer firefighters' association be paid by the unit on behalf of the firefighters in the volunteer fire department.
[Pre-Local Government Recodification Citation: 19-1-40-6.]
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.229-1996, SEC.2; P.L.1-1999, SEC.91.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-7. Insurance; Disability and Medical Expense Coverage

Sec. 7. Each policy of insurance must provide for payment to a member of a volunteer fire department, for accidental injury or smoke inhalation caused by or occurring in the course of the performance of the duties of a volunteer firefighter or member of the emergency medical services personnel and for a cardiac disease event proximately caused within forty-eight (48) hours by or occurring in the course of the performance of the duties of a volunteer firefighter or member of the emergency medical services personnel while in an emergency situation, as follows:
(1) For total disability that prevents the member from pursuing the member's usual vocation:
(A) after June 30, 2009, and before July 24, 2009, a weekly indemnity of not less than two hundred sixty-two dollars ($262); and
(B) after July 23, 2009, a weekly indemnity of not less than two hundred ninety dollars ($290);
up to a maximum of two hundred sixty (260) weeks. After July 23, 2009, the weekly indemnity may not be less than the Indiana minimum wage computed on the basis of a forty (40) hour week.
(2) For medical expenses, coverage for incurred expenses. However, the policy may not have medical expense limits of less than seventy-five thousand dollars ($75,000).
[Pre-Local Government Recodification Citation: 19-1-40-8.]
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.367-1983, SEC.1; P.L.348-1985, SEC.1; P.L.229-1996, SEC.3; P.L.1-1999, SEC.93; P.L.192-1999, SEC.2; P.L.174-2009, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-9. Insurance Premiums; Payment From General Fund

Sec. 9. All expenses incurred for premiums of the insurance required by this chapter shall be paid out of the general fund of the unit in the same manner as other expenses in the unit are paid.
[Pre-Local Government Recodification Citation: 19-1-40-10.]
As added by Acts 1981, P.L.309, SEC.64.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-10. Volunteers; Medical Treatment and Burial Expense Coverage; Determinations; Premium Expenses

Sec. 10. (a) A:
(1) volunteer firefighter, a member of the emergency medical services personnel, or an emergency medical technician working in a volunteer capacity for a volunteer fire department or ambulance company is covered; and
(2) volunteer working for a hazardous materials response team may be covered;
by the medical treatment and burial expense provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the worker's occupational diseases law (IC 22-3-7).
(b) Subject to section 10.3 of this chapter, if compensability of the injury is an issue, the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC 22-3-7 shall be used to determine the issue.
(c) This subsection applies to all units, including counties. All expenses incurred for premiums of the insurance allowed under this section may be paid from the unit's general fund in the same manner as other expenses in the unit are paid.
[Pre-Local Government Recodification Citation: 19-1-40-1 part.]
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.198-1988, SEC.1; P.L.3-1989, SEC.230; P.L.172-1990, SEC.2; P.L.72-1992, SEC.5; P.L.1-1999, SEC.95; P.L.174-2009, SEC.6; P.L.167-2019, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-10.3. Volunteers; Worker's Compensation

Sec. 10.3. (a) This section applies to an employee of a private employer who:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that the employee is a volunteer firefighter or volunteer member, regardless of whether the employer rejected the notification under section 10.7(c) of this chapter.
(b) An employee described in subsection (a) who leaves the employee's duty station to respond to a fire or emergency call after the employee has reported to work shall, for worker's compensation purposes, be considered an employee of the unit while in the performance of the duties of a volunteer firefighter or volunteer member.
(c) The employee described in subsection (a) shall, for worker's compensation purposes, be considered as having entered in and acted in the regular course and scope of the employment with the unit when the employee responds to the fire or emergency call as a volunteer firefighter or volunteer member, regardless of whether the employee responds by traveling:
(1) to a fire station or other place where firefighting equipment that the company or unit is to use is located; or
(2) to perform any activities that the employee may be directed to do by the chief of the fire department or, in the absence of the chief, the ranking officer.
(d) The employee described in subsection (a) shall, for worker's compensation purposes, be considered an employee of the unit until the employee returns to the location from which the employee was originally called to active duty, or until the employee engages in an activity beyond the scope of the performance of the duties of the volunteer firefighter or volunteer member, whichever occurs first.
As added by P.L.167-2019, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-10.7. Employees of Private Employers; Volunteer Firefighting or Volunteer Member Activity

Sec. 10.7. (a) This section applies to an employee of a private employer who:
(1) is a volunteer firefighter or volunteer member; and
(2) has notified the employee's employer in writing that the employee is a volunteer firefighter or volunteer member.
(b) Except as provided in subsection (c), the employer may not discipline an employee:
(1) for being absent from employment by reason of responding to a fire or emergency call that was received before the time that the employee was to report to employment;
(2) for leaving the employee's duty station to respond to a fire or emergency call if the employee has secured authorization from the employee's supervisor to leave the duty station in response to a fire or an emergency call received after the employee has reported to work; or
(3) for:
(A) an injury; or
(B) an absence from work because of an injury;
that occurs while the employee is engaged in emergency firefighting or other emergency response.
However, for each instance of emergency firefighting activity or other emergency response that results in an injury to an employee, subdivision (3) applies only to the period of the employee's absence from work that does not exceed six (6) months from the date of the injury.
(c) After the employer has received the notice required under subsection (a)(2), the employer may reject the notification from the employee on the grounds that the employee is an essential employee to the employer. If the employer has rejected the notification of the employee:
(1) subsection (b) does not apply to the employee; and
(2) the employee must promptly notify the:
(A) fire chief or other officer in charge of the volunteer fire department; or
(B) the officer in charge of the volunteer emergency medical services association;
of the rejection of the notice of the employee who is a volunteer firefighter or a volunteer member.
(d) The employer may require an employee who has been absent from employment as set forth in subsection (b) to present a written statement from the fire chief or other officer in charge of the volunteer fire department, or officer in charge of the emergency medical services association, at the time of the absence or injury indicating that the employee was engaged in emergency firefighting or emergency activity at the time of the absence or injury.
(e) The employer may require an employee who is injured or absent from work as described in subsection (b)(3) to provide evidence from a physician or other medical authority showing:
(1) treatment for the injury at the time of the absence; and
(2) a connection between the injury and the employee's emergency firefighting or other emergency response activities.
(f) To the extent required by federal or state law, information obtained under subsection (e) by an employer must be:
(1) retained in a separate medical file created for the employee; and
(2) treated as a confidential medical record.
As added by P.L.43-2005, SEC.4. Amended by P.L.63-2009, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-10.9. Notice of Absence; Remuneration

Sec. 10.9. (a) The employer may require an employee who will be absent from employment as set forth in:
(1) section 10.5(c)(1); or
(2) section 10.7(b)(1);
of this chapter to notify the employer before the scheduled start time for the absence from employment to be excused by the employer.
(b) The employer is not required to pay salary or wages to an employee who has been absent from employment as set forth in section 10.5(c) or 10.7(b) of this chapter for the time away from the employee's duty station. The employee may seek remuneration for the absence from employment by the use of:
(1) vacation leave;
(2) personal time;
(3) compensatory time off; or
(4) in the case of an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter, sick leave.
(c) An employer shall administer an absence from employment as set forth in section 10.5(c)(3) or 10.7(b)(3) of this chapter in a manner consistent with the federal Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), as amended and in effect on January 1, 2009.
As added by P.L.43-2005, SEC.5. Amended by P.L.63-2009, SEC.4; P.L.1-2010, SEC.153.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-11. Blue Lights on Private Vehicles; Authorization; Violations

Sec. 11. (a) Members of volunteer fire departments may display blue lights on their privately owned vehicles while en route to scenes of emergencies or to the fire station in the line of duty subject to the following conditions:
(1) A light:
(A) must have a light source of at least thirty-five (35) watts; or
(B) may be a blue light emitting diode (LED).
(2) All lights must be placed on the:
(A) top of the vehicle;
(B) dashboard inside a vehicle, shielded to prevent distracting the driver; or
(C) front of the vehicle upon the bumper or at bumper level.
(3) No more than four (4) blue light assemblies may be displayed on one (1) vehicle, and each blue light assembly must be of the flashing or revolving type.
(4) A blue light assembly may contain multiple bulbs.
(5) A blue light may not be a part of the regular head lamps displayed on the vehicles. Alternately flashing head lamps may be used as a supplemental warning device. Strobe lights or flashers may be installed into the light fixtures on the vehicle other than the alternating head lamps. The strobe lights or flashers may be either white or blue, with the exception of red to the rear.
(b) In order for a volunteer firefighter to display a blue light on a vehicle, the volunteer firefighter must secure a written permit from the chief of the volunteer fire department to use the blue light and must carry the permit at all times when the blue light is displayed.
(c) A person who is not a member of a volunteer fire department may not display an illuminated blue light on a vehicle.
(d) A permittee of the owner of a vehicle lawfully equipped with a blue light may operate the vehicle only if the blue light is not illuminated.
(e) A person who violates subsection (a), (b), (c), or (d) commits a Class C infraction. If the violator is a member of a volunteer fire department, the chief of the department shall discipline the violator under fire department rules and regulations.
(f) This section does not grant a vehicle displaying blue lights the right-of-way under IC 9-21-8-35 or exemption from traffic rules under IC 9-21-1-8. A driver of a vehicle displaying a blue light shall obey all traffic rules.
(g) This section shall not be construed to include a vehicle displaying a blue light and driven by a member of a volunteer fire department as an authorized emergency vehicle (as defined in IC 9-13-2-6).
[Pre-Local Government Recodification Citation: 19-1-40-11.]
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.88-1990, SEC.4; P.L.2-1991, SEC.108; P.L.99-1991, SEC.4; P.L.1-1999, SEC.96; P.L.6-2001, SEC.1; P.L.153-2002, SEC.2; P.L.61-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-12. Nonfire Emergency Activities; Duties of Fire Chief

Sec. 12. When a volunteer fire department is responding to a fire call and there is no other fire department with overriding jurisdiction present, the fire chief, or in the fire chief's absence the ranking officer, shall direct all nonfire emergency activities at the scene until a law enforcement officer arrives on the scene.
[Pre-Local Government Recodification Citation: 19-1-40-1.5 part.]
As added by Acts 1981, P.L.309, SEC.64. Amended by P.L.1-1999, SEC.97; P.L.127-2017, SEC.271.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-15. Liability Limits; Punitive Damages

Sec. 15. The combined aggregate liability of a volunteer fire department for an act or failure to act that is within the scope of the department’s duties does not exceed three hundred thousand dollars ($300,000) for injury to or death of one (1) person in any one (1) occurrence and does not exceed five million dollars ($5,000,000) for injury to or death of all persons in that occurrence. A volunteer fire department is not liable for punitive damages.
As added by P.L.217-1989, SEC.8. Amended by P.L.1-1999, SEC.99.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-18. Confidential Information; Exceptions

Sec. 18. (a) A volunteer fire department may declare the following records confidential for purposes of IC 5-14-3:
(1) Personnel files of members of the volunteer fire department.
(2) Files of applicants to the volunteer fire department.
However, all personnel file information shall be made available to an affected member or the member's representative.
(b) Notwithstanding subsection (a), a volunteer fire department may not declare the following information contained in files described in subsection (a) confidential:
(1) The name, compensation, job title, business address, business telephone number, job description, education and training background, previous work experience, or dates of first and last employment of present or former members of the volunteer fire department.
(2) Information relating to the status of any formal charges against a member.
(3) The factual basis for a disciplinary action in which final action has been taken and that resulted in the member being suspended, demoted, or discharged.
(c) This section does not apply to disclosure of personnel information generally on all members or for groups of members without the request being particularized by member name.
As added by P.L.101-2006, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12. Volunteer Fire Departments › 36-8-12-19. Suspension or Termination of Ems Personnel; Right to Hearing and Appeal

Sec. 19. (a) As used in this section, "medical director" means a physician with an unlimited license to practice medicine in Indiana and who performs the duties and responsibilities described in 836 IAC 2-2-1.
(b) If a medical director takes any of the following actions against a member of the emergency medical services personnel, the medical director shall provide to the member and to the chief of the member's volunteer fire department a written explanation of the reasons for the action taken by the medical director:
(1) The medical director refuses or fails to supervise or otherwise provide medical control and direction to the member.
(2) The medical director refuses or fails to attest to the competency of the member to perform emergency medical services.
(3) The medical director suspends the member from performing emergency medical services.
(c) Before a volunteer fire department takes an action that affects the member's appointment with the volunteer fire department as the result of a medical director's action described in subsection (b), the member is entitled to a hearing and appeal concerning the medical director's action as provided in IC 36-8-3-4. The safety board of the unit that entered into an agreement with the volunteer fire department under section 3 of this chapter shall hear the member's appeal provided by this subsection.
(d) If the medical director's action that is the subject of an appeal under subsection (c) is based on a health care decision made by the member in performing emergency medical services, the safety board conducting the hearing shall consult with an independent medical expert to determine whether the member followed the applicable emergency medical services protocol in making the health care decision. The independent medical expert:
(1) must be a physician trained in emergency medical services; and
(2) may not be affiliated with the same hospital as the medical director.
As added by P.L.13-2010, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-1. "Facility" Defined

Sec. 1. As used in this chapter, "facility" has the meaning set forth in 327 IAC 2-6.1-4(7), as in effect on January 1, 2001.
As added by P.L.33-2001, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-2. "Fire Department" Defined

Sec. 2. As used in this chapter, "fire department" means a fire department that:
(1) is established under IC 36-8-2-3 or IC 36-8-13-3(a)(1); and
(2) employs:
(A) both full-time paid members and volunteer members; or
(B) only full-time paid members.
As added by P.L.33-2001, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-3. "Hazardous Materials Emergency" Defined

Sec. 3. As used in this chapter, "hazardous materials emergency" has the meaning set forth in IC 13-11-2-97.
As added by P.L.33-2001, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-4. "Mode of Transportation" Defined

Sec. 4. As used in this chapter, "mode of transportation" has the meaning set forth in 327 IAC 2-6.1-4(10), as in effect on January 1, 2001.
As added by P.L.33-2001, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-5. "Responsible Party" Defined

Sec. 5. As used in this chapter, "responsible party" has the meaning set forth in IC 13-11-2-191(d).
As added by P.L.33-2001, SEC.3. Amended by P.L.127-2009, SEC.13; P.L.10-2019, SEC.141.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-6. Imposition of Service Charges and Administrative Fees

Sec. 6. (a) A fire department may impose a charge on a person that is a responsible party with respect to a hazardous materials emergency that:
(1) the fire department responded to;
(2) members of that fire department assisted in containing, controlling, or cleaning up;
(3) with respect to the release or imminent release of hazardous materials at a facility, involves a quantity of hazardous materials that exceeds the spill quantities of hazardous materials that must be reported under 327 IAC 2-6.1-5, as in effect on January 1, 2001; and
(4) with respect to the release or imminent release of hazardous materials from a mode of transportation, involves a quantity of hazardous materials that exceeds the spill quantities of hazardous materials that must be reported under 327 IAC 2-6.1-6, as in effect on January 1, 2001.
(b) The owner or responsible party shall remit payment directly to the governmental unit providing the service.
(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.
As added by P.L.33-2001, SEC.3. Amended by P.L.182-2009(ss), SEC.437.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-7. Service Charge Billed to Responsible Party

Sec. 7. A fire department imposing a charge under this chapter may bill the responsible party for the total value of the assistance provided, as determined from the state fire marshal's schedule of service charges issued under IC 36-8-12-16(h).
As added by P.L.33-2001, SEC.3. Amended by P.L.182-2009(ss), SEC.438.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-8. General Fund of Unit; Hazardous Materials Response Fund

Sec. 8. (a) Money collected under this chapter must be deposited in one (1) of the following:
(1) The general fund of the unit that established the fire department under IC 36-8-2-3 or IC 36-8-13-3(a)(1).
(2) A hazardous materials response fund established under section 8.1 of this chapter by a city or town having a fire department established under IC 36-8-2-3.
(b) Money collected under this chapter may be used only for the following:
(1) Purchase of supplies and equipment used in providing hazardous materials emergency assistance under this chapter.
(2) Training for members of the fire department in skills necessary for providing hazardous materials emergency assistance under this chapter.
(3) Payment to persons with which the fire department contracts to provide services related to the hazardous materials emergency assistance provided by the fire department under this chapter.
As added by P.L.33-2001, SEC.3. Amended by P.L.173-2003, SEC.37.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-8.1. Establishing Hazardous Materials Response Fund; Fund Administration

Sec. 8.1. (a) The fiscal body of each city or town that establishes a fire department under IC 36-8-2-3 may, by ordinance or resolution, establish a hazardous materials response fund.
(b) The hazardous materials response fund shall be administered by the unit's fiscal officer, and the expenses of administering the fund shall be paid from money in the fund. Money in the fund not currently needed to meet the obligations of the fund may be invested in the same manner as other public funds may be invested. Interest that accrues from these investments shall be deposited in the fund. Money in the fund at the end of a particular fiscal year does not revert to the unit's general fund.
As added by P.L.173-2003, SEC.38.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-9. Billing for Services of Fire Department

Sec. 9. (a) A fire department may not bill under this chapter for services provided that duplicate services provided by another governmental entity.
(b) The responsible party billed for services under this chapter may elect to reimburse the fire department by providing replacement materials that are of equal or greater value than those expended by the fire department in responding to the emergency.
As added by P.L.33-2001, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-10. Actions for Reimbursement

Sec. 10. A fire department that imposes a service charge under this chapter and maintains an action for reimbursement under IC 13-25-6-5 may recover all costs of the action, including attorney's fees.
As added by P.L.33-2001, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 12.2. Hazardous Materials Emergency Action Reimbursement › 36-8-12.2-11. Penalties

Sec. 11. A responsible party is subject to a penalty for failure to pay the full amount of a charge made under this chapter within sixty (60) days after the issuance of the bill for payment by the fire department. The amount of the penalty is ten percent (10%) of the amount of the charge that remains unpaid on the due date.
As added by P.L.33-2001, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.83-1998 apply only to purchases that occur after June 30, 1998.
As added by P.L.220-2011, SEC.677.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-1. Application of Chapter

Sec. 1. This chapter applies to all townships. However, this chapter does not apply to a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.227-2005, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-2. Establishment of Fire Protection; Procedure

Sec. 2. If a majority of the owners of taxable real property residing within and owning real property within that part of a township located outside the corporate boundaries of a municipality petition the township executive and legislative body to provide fire protection in that part of the township, the executive and legislative body shall grant the petition and proceed without delay to provide for fire protection. The executive and legislative body shall determine which of the methods in section 3 of this chapter for providing fire protection in townships will be followed.
[Pre-Local Government Recodification Citation: 17-4-18-2.]
As added by Acts 1981, P.L.309, SEC.65.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-4.5. Payment of Township Provided Fire Protection or Emergency Services; Sources of Funds; Sufficiency of Levy; Donations

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 4.5. (a) This section applies to a township that provides fire protection or emergency services or both to a municipality in the township under section 3(b) or 3(c) of this chapter.
(b) With the consent of the township legislative body, the township executive may pay the expenses for fire protection and emergency services in the township, both inside and outside the corporate boundaries of participating municipalities, from any combination of the following township funds, regardless of when the funds were established:
(1) The township firefighting fund under section 4 of this chapter.
(2) The cumulative building and equipment fund under IC 36-8-14.
(3) The debt fund under sections 6 and 6.5 of this chapter.
(4) The rainy day fund established under IC 36-1-8-5.1.
(c) Subject to the levy limitations contained in IC 6-1.1-18.5, the tax rate and levy for the township firefighting fund, the cumulative building and equipment fund, or the debt fund is to be in an amount sufficient to pay all costs attributable to fire protection or emergency services that are provided to the township and the participating municipalities that are not paid from other available revenues. The tax rate and levy for each fund shall be established in accordance with the procedures set forth in IC 6-1.1-17 and apply both inside and outside the corporate boundaries of participating municipalities.
(d) The township executive may accept donations for the purpose of firefighting and emergency services. The township executive shall place donations in the township firefighting fund. A person may donate partial payment of a purchase of firefighting or emergency services equipment made by the township.
As added by P.L.269-1993, SEC.3. Amended by P.L.1-1994, SEC.181; P.L.1-1994, SEC.182; P.L.37-1994, SEC.2; P.L.54-1996, SEC.4; P.L.255-2017, SEC.39.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-4.6. Maximum Permissible Property Tax Levy; Adjustment Where Township Imposes Levy to Pay Fire Protection and Emergency Services Expenses

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 4.6. (a) For townships and municipalities that elect to have the township provide fire protection and emergency services under section 3(b) of this chapter, the department of local government finance shall adjust each township's and each municipality's maximum permissible levy in the year following the year in which the change is elected, as determined under IC 6-1.1-18.5-3, to reflect the change from providing fire protection under a contract between the municipality and the township to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of each municipality. Each municipality's maximum permissible property tax levy shall be reduced by the amount of the municipality's property tax levy that was imposed by the municipality to meet the obligations to the township under the fire protection contract. The township's maximum permissible property tax levy shall be increased by the product of:
(1) one and five-hundredths (1.05); multiplied by
(2) the amount the township received:
(A) in the year in which the change is elected; and
(B) as fire protection contract payments from all municipalities whose levy is decreased under this section.
(b) For purposes of determining a township's or municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5-3 for years following the first year after the year in which the change is elected, a township's or municipality's maximum permissible ad valorem property tax levy is the levy after the adjustment made under subsection (a).
As added by P.L.269-1993, SEC.4. Amended by P.L.2-1995, SEC.137; P.L.90-2002, SEC.495.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-4.6-b. Maximum Permissible Property Tax Levy; Adjustment Where Township Imposes Levy to Pay Fire Protection and Emergency Services Expenses

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 4.6. (a) For townships and municipalities that elect to have the township provide fire protection and emergency services under section 3(b) of this chapter, the department of local government finance shall adjust each township's and each municipality's maximum permissible levy in the year following the year in which the change is elected, as determined under IC 6-1.1-18.5-3, to reflect the change from providing fire protection or emergency services under a contract between the municipality and the township to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of each municipality. Each municipality's maximum permissible property tax levy shall be reduced by the amount of the municipality's property tax levy that was imposed by the municipality to meet the obligations to the township under the fire protection or emergency services contract. The township's maximum permissible property tax levy shall be increased by the product of:
(1) one and five-hundredths (1.05); multiplied by
(2) the amount the township received:
(A) in the year in which the change is elected; and
(B) as fire protection or emergency services contract payments from all municipalities whose levy is decreased under this section.
(b) For purposes of determining a township's or municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5-3 for years following the first year after the year in which the change is elected, a township's or municipality's maximum permissible ad valorem property tax levy is the levy after the adjustment made under subsection (a).
As added by P.L.269-1993, SEC.4. Amended by P.L.2-1995, SEC.137; P.L.90-2002, SEC.495; P.L.236-2023, SEC.205.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-4.7. Township Providing Fire Protection and Emergency Services; Maximum Permissible Property Tax Levy

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 4.7. (a) For a township that elects to have the township provide fire protection and emergency services under section 3(c) of this chapter, the department of local government finance shall adjust the township's maximum permissible levy in the year following the year in which the change is elected, as determined under IC 6-1.1-18.5-3, to reflect the change from providing fire protection or emergency services under a contract between the municipality and the township to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of each municipality. For the ensuing calendar year, the township's maximum permissible property tax levy shall be increased by the product of:
(1) one and five-hundredths (1.05); multiplied by
(2) the amount the township contracted or billed to receive, regardless of whether the amount was collected:
(A) in the year in which the change is elected; and
(B) as fire protection or emergency service payments from the municipalities or residents of the municipalities covered by the election under section 3(c) of this chapter.
The maximum permissible levy for a general fund or other fund of a municipality covered by the election under section 3(c) of this chapter shall be reduced for the ensuing calendar year to reflect the change to allowing the township to impose a property tax levy on the taxable property located within the corporate boundaries of the municipality. The total reduction in the maximum permissible levies for all electing municipalities must equal the amount that the maximum permissible levy for the township is increased under this subsection for contracts or billings, regardless of whether the amount was collected, less the amount actually paid from sources other than property tax revenue.
(b) For purposes of determining a township's and each municipality's maximum permissible ad valorem property tax levy under IC 6-1.1-18.5-3 for years following the first year after the year in which the change is elected, a township's and each municipality's maximum permissible ad valorem property tax levy is the levy after the adjustment made under subsection (a).
(c) The township may use the amount of a maximum permissible property tax levy computed under this section in setting budgets and property tax levies for any year in which the election in section 3(c) of this chapter is in effect.
(d) Section 4.6 of this chapter does not apply to a property tax levy or a maximum property tax levy subject to this section.
As added by P.L.54-1996, SEC.5. Amended by P.L.90-2002, SEC.496; P.L.224-2007, SEC.130; P.L.146-2008, SEC.783; P.L.257-2019, SEC.156.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-5. Purchase of Firefighting Apparatus and Equipment; Installment Contracts

Sec. 5. After a sufficient appropriation has been made and approved and is available for the purchase of firefighting apparatus and equipment, including housing, the township executive, with the approval of the township legislative body, may purchase it for the township on an installment conditional sale or mortgage contract running for a period not exceeding:
(1) six (6) years; or
(2) fifteen (15) years for a township that:
(A) has a total assessed value of sixty million dollars ($60,000,000) or less, as determined by the department of local government finance; and
(B) is purchasing the firefighting equipment with funding from the:
(i) state or its instrumentalities; or
(ii) federal government or its instrumentalities.
The purchase shall be amortized in equal or approximately equal installments payable on January 1 and July 1 each year.
[Pre-Local Government Recodification Citation: 17-4-18-1 part.]
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.83-1998, SEC.3; P.L.90-2002, SEC.497; P.L.178-2002, SEC.134.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-6. Purchase of Firefighting Apparatus and Equipment; Loans; Tax Levy

Sec. 6. (a) Subject to section 6.5 of this chapter, the executive and legislative body, on behalf of the township, may also borrow the necessary money from a financial institution in Indiana to make the purchase on the same terms. They shall, on behalf of the township, execute and deliver to the institution the negotiable note or bond of the township for the sum borrowed. The note or bond must bear interest, with both principal and interest payable in equal or approximately equal installments on January 1 and July 1 each year over a period not exceeding six (6) years.
(b) The first installment of principal and interest on a contract, chattel mortgage, note, or bond is due on the next January 1 or July 1 following the first tax collection for which it is possible for the township to levy a tax. The executive and legislative body shall appropriate and levy a tax each year sufficient to pay the obligation according to its terms. An obligation of the township executed under this chapter is a valid and binding obligation of the township, notwithstanding any tax limitation, debt limitation, bonding, borrowing, or other statute to the contrary.
[Pre-Local Government Recodification Citation: 17-4-18-1 part.]
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.41-1993, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-6.5. Objection by Taxpayers; Department of Local Government Finance Hearing and Action; Appeal

Sec. 6.5. (a) If the executive and the legislative body determine that money should be borrowed under section 6 of this chapter, not less than ten (10) taxpayers in the township who disagree with the determination may file a petition in the office of the county auditor not more than thirty (30) days after notice of the determination is given. The petition must state the taxpayers' objections and the reasons why the taxpayers believe the borrowing to be unnecessary or unwise.
(b) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the department of local government finance. Upon receipt of the certified petition and other data, the department of local government finance shall fix a time for the hearing of the matter. The hearing shall be held not less than five (5) and not more than thirty (30) days after the receipt of the certified documents.
(c) The hearing may be held in the county where the petition arose or through electronic means.
(d) Notice of the hearing shall be given by the department of local government finance to the township and to the first ten (10) taxpayer petitioners listed on the petition by letter. The letter shall be sent to the first ten (10) taxpayer petitioners at the taxpayer's usual place of residence at least five (5) days before the date of the hearing.
(e) A:
(1) taxpayer who signed a petition filed under subsection (a); or
(2) township against which a petition under subsection (a) is filed;
may petition for judicial review of the final determination of the department of local government finance under subsection (a). The petition must be filed in the tax court not more than forty-five (45) days after the date of the department's final determination.
As added by P.L.41-1993, SEC.51. Amended by P.L.90-2002, SEC.498; P.L.256-2003, SEC.38; P.L.38-2021, SEC.98.