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Citations Affected: IC 9-29; IC 36-8.

Synopsis: Fire department and law enforcement service fees. Prohibits a township, a municipality, or the fire departments of these units (excluding a volunteer fire department) from imposing, collecting, or entering into a contract for the collection of an accident response service fee from: (1) the driver of a motor vehicle; or (2) any other person; involved in a motor vehicle accident. (Current law prohibits a political subdivision or local law enforcement agency from collecting an accident response fee.) Prohibits a township, a municipality, or the local law enforcement agency or fire department (excluding a volunteer fire department) of these units from imposing or collecting, or entering into a contract for the collection of, a response fee for: (1) responding to a fire or hazardous material emergency; or (2) containing, controlling, or cleaning up a fire or hazardous material emergency.

Effective: July 1, 2010.

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Paul

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    January 11, 2010, read first time and referred to Committee on Local Government.
    January 28, 2010, reported favorably _ Do Pass.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

SOURCE: IC 9-29-11.5-1; (10)SB0145.1.1. -->     SECTION 1. IC 9-29-11.5-1, AS ADDED BY P.L.83-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1. As used in this chapter, "accident response service fee" means a fee imposed for any of the following:
        (1) The response by a local law enforcement agency or fire department to a motor vehicle accident.
        (2) The investigation by a local law enforcement agency or fire department of a motor vehicle accident.

SOURCE: IC 9-29-11.5-1.5; (10)SB0145.1.2. -->     SECTION 2. IC 9-29-11.5-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 1.5. As used in this chapter, "fire department" means a fire department that is established under IC 36-8-2-3 or IC 36-8-13-3(a)(1).

SOURCE: IC 9-29-11.5-3; (10)SB0145.1.3. -->     SECTION 3. IC 9-29-11.5-3, AS ADDED BY P.L.83-2008, SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. A political subdivision, or a local law enforcement agency of a political subdivision, or fire department may

not impose or collect, or enter into a contract for the collection of, an accident response service fee on or from:
        (1) the driver of a motor vehicle; or
        (2) any other person;
involved in a motor vehicle accident.

SOURCE: IC 9-29-11.5-4; (10)SB0145.1.4. -->     SECTION 4. IC 9-29-11.5-4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 4. This chapter does not prohibit a fire department from collecting a fee if specifically permitted under:
        (1) IC 36-8-12-13;
        (2) IC 36-8-12-16; or
        (3) IC 36-8-12.2.

SOURCE: IC 36-8-23; (10)SB0145.1.5. -->     SECTION 5. IC 36-8-23 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]:
     Chapter 23. Response Fees
     Sec. 1. As used in this chapter, "fire department" means a fire department that is established under IC 36-8-2-3 or IC 36-8-13-3(a)(1).
     Sec. 2. As used in this chapter, "hazardous materials emergency" has the meaning set forth in IC 13-11-2-97.
     Sec. 3. As used in this chapter, "local law enforcement agency" means a political subdivision's department or agency whose principal function is the apprehension of criminal offenders.
     Sec. 4. As used in this chapter, "response service fee" means a fee imposed for any of the following:
        (1) The response by a local law enforcement agency to a fire or hazardous materials emergency.
        (2) Containing, controlling, or cleaning up a fire or hazardous materials emergency by a law enforcement agency or fire department.
     Sec. 5. A political subdivision, local law enforcement agency of a political subdivision, or fire department may not impose or collect, or enter into a contract for the collection of, a response service fee on or from the owner or operator of a property involved in a fire or hazardous materials emergency.
     Sec. 6. This chapter does not prohibit a fire department from collecting a fee if specifically permitted under:
        (1) IC 36-8-12-13;
        (2) IC 36-8-12-16; or
        (3) IC 36-8-12.2.