Bill Text: IN HB1439 | 2011 | Regular Session | Amended
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-Amended.html
Citations Affected: IC 36-8.
Synopsis: Volunteer fire department fees. Provides that a bill for a
service charge by a volunteer fire department must contain: (1)
verification that the bill has been approved by the chief of the volunteer
fire department; and (2) language indicating that correspondence from
the person being billed regarding the bill should be directed to the
department. Provides that all bills sent by an agent of a volunteer fire
department must be approved by the chief of the volunteer fire
department before it is sent to the person being billed for services.
Provides that the chief of the volunteer fire department must review a
bill before authorizing an agent to proceed with collection efforts for
that bill. Limits the total administrative fees charged by an agent of a
volunteer fire department to 10% of the bill that the agent is
processing. Provides that an agent that: (1) charges administrative fees
that exceed 10% 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.
February 17, 2011, amended, reported _ Do Pass.
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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;
(C) must contain verification that the bill has been
approved by the chief of the volunteer fire department;
and
(D) must contain language indicating that correspondence
from the property owner regarding the bill should be
directed to the department.
(4) Payment is remitted directly to the governmental unit
providing the service.
(b) A volunteer fire department shall use the revenue collected from
the fire service charges under this section:
(1) for the purchase of equipment, buildings, and property for
firefighting, fire protection, or other emergency services;
(2) for deposit in the township firefighting fund established under
IC 36-8-13-4; or
(3) to pay principal and interest on a loan made by the department
of homeland security established by IC 10-19-2-1 or a division of
the department for the purchase of new or used firefighting and
other emergency equipment or apparatus.
(c) Any administrative fees charged by a fire department's agent
must be paid only from fees that are collected and allowed by Indiana
law and the fire marshal's schedule of fees.
(d) An agent who processes fees on behalf of a fire department shall
send all bills, notices, and other related materials to both the fire
department and the person being billed for services. The chief of the
volunteer fire department must:
(1) approve all bills for services before an agent may send the
bill to the person being billed for services; and
(2) review all bills for services before authorizing an agent to
proceed with collection efforts for the bill.
(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.
