Bill Text: IN HB1439 | 2011 | Regular Session | Introduced
Bill Title: Volunteer fire department fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-03-29 - Pursuant to Senate Rule 68(b); reassigned to the Committee on Corrections, Criminal, and Civil Matters. [HB1439 Detail]
Download: Indiana-2011-HB1439-Introduced.html
Citations Affected: IC 36-8-12.
Synopsis: Volunteer fire department fees. Provides that the total fees
charged by a volunteer fire department for services provided as part of
a single incident may not exceed $500. Limits the total administrative
fees charged by an agent of a volunteer fire department to 7% of the
bill that the agent is processing. Provides that an agent that: (1) charges
administrative fees that exceed 7% of a bill; (2) charges an
unauthorized or excessive fee for volunteer fire department services;
or (3) fails to send volunteer fire department bills to appropriate
parties; commits a Class C misdemeanor.
Effective: July 1, 2011.
January 18, 2011, read first time and referred to Committee on Veterans Affairs and Public
Safety.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) At the following times, the department gives notice under IC 5-3-1-4(d) in each political subdivision served by the department of the amount of the service charge for each service that the department provides:
(A) Before the schedule of service charges is initiated.
(B) When there is a change in the amount of a service charge.
(2) The property owner has not sent written notice to the department to refuse service by the department to the owner's property.
(3) The bill for payment of the service charge:
(A) is submitted to the property owner in writing within thirty (30) days after the services are provided; and
(B) includes a copy of a fire incident report in the form prescribed by the state fire marshal, if the service was provided for an event that requires a fire incident report.
(4) Payment is remitted directly to the governmental unit providing the service.
(b) A volunteer fire department shall use the revenue collected from the fire service charges under this section:
(1) for the purchase of equipment, buildings, and property for firefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under IC 36-8-13-4; or
(3) to pay principal and interest on a loan made by the department of homeland security established by IC 10-19-2-1 or a division of the department for the purchase of new or used firefighting and other emergency equipment or apparatus.
(c) Any administrative fees charged by a fire department's agent must be paid only from fees that are collected and allowed by Indiana law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall send all bills, notices, and other related materials to both the fire department and the person being billed for services.
(e) All fees allowed by Indiana law and the fire marshal's fee schedule must be itemized separately from any other charges.
(f) If at least twenty-five percent (25%) of the money received by a volunteer fire department for providing fire protection or emergency services is received under one (1) or more contracts with one (1) or more political subdivisions (as defined in IC 34-6-2-110), the legislative body of a contracting political subdivision must approve the schedule of service charges established under subsection (a) before the schedule of service charges is initiated in that political subdivision.
(g) A volunteer fire department that:
(1) has contracted with a political subdivision to provide fire protection or emergency services; and
(2) charges for services under this section;
must submit a report to the legislative body of the political subdivision before April 1 of each year indicating the amount of service charges
collected during the previous calendar year and how those funds have
been expended.
(h) The state fire marshal shall annually prepare and publish a
recommended schedule of service charges for fire protection services.
(i) The volunteer fire department or its agent may maintain a civil
action to recover an unpaid service charge under this section.
(b) An agent that:
(1) violates subsection (a);
(2) charges a fee for services provided by a volunteer fire department that:
(A) is not authorized by law; or
(B) exceeds the state fire marshal's recommended schedule for services; or
(3) violates section 13(d) or 16(d) of this chapter;
commits a Class C misdemeanor.