36-8-19-0.1. Application of Certain Amendments to Chapter
Sec. 0.1. The addition of section 8.7 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.678.
36-8-19-0.3. Legalization of Certain Resolutions Adopted Before July 1, 2007
Sec. 0.3. A resolution adopted by a township under this chapter before July 1, 2007, that would have been valid under this chapter, as in effect on July 1, 2007, is legalized and validated. As added by P.L.220-2011, SEC.679.
36-8-19-1. Application of Chapter
Sec. 1. Except as provided in section 1.5 of this chapter, this chapter applies to any geographic area that is established as a fire protection territory. As added by P.L.37-1994, SEC.3. Amended by P.L.326-1995, SEC.1; P.L.227-2005, SEC.50.
36-8-19-1.5. Consolidation of Fire Departments in County Containing Consolidated City
Sec. 1.5. (a) If the fire department of a township is consolidated under IC 36-3-1-6.1, after the effective date of the consolidation the township may not establish a fire protection territory under this chapter. (b) A fire protection territory that is established before the effective date of the consolidation in a township in which the […]
36-8-19-1.7. “Fire Protection District”
Sec. 1.7. As used in this chapter, “fire protection district” means a fire protection district established under IC 36-8-11-4. As added by P.L.255-2017, SEC.40.
36-8-19-10. Disbandment of Existing Fire Departments
Sec. 10. This chapter does not require a municipality, township, or fire protection district to disband its fire department unless its legislative body consents by ordinance (in the case of a municipality) or resolution (in the case of a township or fire protection district) to do so. As added by P.L.37-1994, SEC.3. Amended by P.L.47-2007, […]
36-8-19-11. Annexation of Territory
Sec. 11. Any area that is part of a territory and that is annexed by a municipality that is not a part of the territory ceases to be a part of the territory when the municipality begins to provide fire protection services to the area. However, this provision does not apply to or affect any […]
36-8-19-12. Adjustments to Tax Levy; Entry Year of Participants
Sec. 12. In the same year that a tax levy is imposed under this chapter, each respective participating unit’s tax levies attributable to providing fire protection services within the unit or fire protection district shall be reduced by an amount equal to the amount levied for fire protection services in the year immediately preceding the […]
36-8-19-13. Withdrawal From Territory; Ordinance or Resolution; Effect of Adoption
Sec. 13. (a) If a unit or fire protection district elects to withdraw from a fire protection territory established under this chapter, the unit or fire protection district must after January 1 but before April 1, adopt an ordinance (in the case of a county or municipality) or a resolution (in the case of a […]
36-8-19-14. Payment of Line of Duty Health Care Expenses for Firefighters
Sec. 14. (a) A provider unit shall pay for the care of a full-time, paid firefighter who: (1) suffers an injury; or (2) contracts an illness; during the performance of the firefighter’s duty. (b) The provider unit shall pay for the following expenses incurred by a firefighter described in subsection (a): (1) Medical and surgical […]
36-8-19-15. Dissolution of Fire Protection Territory; Reversion of Title to Real Property
Sec. 15. (a) For purposes of this section, a fire protection territory is dissolved if all participating units withdraw from the fire protection territory as provided in section 13 of this chapter. (b) When a fire protection territory dissolves, title to any real property transferred to the provider unit reverts to the participating unit that […]
36-8-19-16. Duty of the Department of Local Government Finance to Review Tax Rates and Levies for Certain Fire Protection Territories; Recommendations to Units Concerning Existing Tax Rates and Levies; Authority to Conduct Public Hearings; Report of Findings and Recommendations to the Legislative Council
Sec. 16. (a) The department of local government finance, in consultation with the applicable participating units, shall review the tax rates and levies for each fire protection territory whose establishment was effective not later than July 1, 2012. The department shall complete its review of the applicable territories before October 1, 2017. (b) The department […]
36-8-19-2. “Participating Unit”
Sec. 2. As used in this chapter, “participating unit” refers to a unit or fire protection district that adopts an ordinance or a resolution under section 6 of this chapter. As added by P.L.37-1994, SEC.3. Amended by P.L.47-2007, SEC.1; P.L.255-2017, SEC.41.
36-8-19-3. “Provider Unit” Defined
Sec. 3. As used in this chapter, “provider unit” refers to the participating unit that is responsible for providing the fire protection services within the territory. As added by P.L.37-1994, SEC.3.
36-8-19-4. “Territory” Defined
Sec. 4. As used in this chapter, “territory” refers to a fire protection territory established under this chapter. As added by P.L.37-1994, SEC.3.
36-8-19-5. Fire Protection Territory; Establishment; Purposes; Boundaries
Sec. 5. (a) Subject to subsections (b) and (c), the legislative body of a unit or fire protection district and the legislative body of at least one (1) other contiguous unit or contiguous fire protection district may establish a fire protection territory for any of the following purposes: (1) Fire protection, including the capability for […]
36-8-19-6. Establishing or Expanding Territory; Ordinance or Resolution
Sec. 6. (a) To establish or expand a fire protection territory, the legislative bodies of each unit or fire protection district: (1) desiring to establish a fire protection territory; or (2) desiring to expand an existing fire protection territory by: (A) becoming a participating unit in; or (B) approving the addition of a participating unit […]
36-8-19-6.3. Restrictions on Voting on Proposed Ordinance or Resolution
Sec. 6.3. A member of the legislative body of a unit or fire protection district may not vote on a proposed ordinance or resolution authorizing the unit or fire protection district to become a party to an agreement to join or establish a fire protection territory if that member is also an employee of: (1) […]
36-8-19-6.5. Agreement to Change Provider Unit
Sec. 6.5. (a) The legislative bodies of all participating units in a territory may agree to change the provider unit of the territory from one (1) participating unit to another participating unit. To change the provider unit, the legislative body of each participating unit must adopt an ordinance (in the case of a county or […]
36-8-19-6.9. Creation of Joint Executive Board
Sec. 6.9. (a) This section applies to a fire protection territory established by an ordinance or resolution that: (1) is adopted after December 31, 2021; and (2) delegates administrative, budget, or fiscal responsibilities of the fire protection territory to a joint executive board representing each of the participating units. (b) A joint board of the […]