February 22, 2002
HOUSE BILL No. 1208
DIGEST OF HB 1208
(Updated February 20, 2002 5:04 PM - DI 106)
Citations Affected: IC 34-6; IC 36-8.
Synopsis: Volunteer firefighters and fire departments. Grants
immunity from civil liability to certain persons who donate fire control
or fire rescue equipment to a fire department of a political subdivision
or to a volunteer fire department. Amends the conditions and manner
under which a blue light may be displayed on a vehicle by a member
of a volunteer fire department. Makes conforming amendments.
Effective: Upon passage.
(SENATE SPONSORS _ LANDSKE, LUTZ L, CRAYCRAFT)
January 10, 2002, read first time and referred to Committee on Public Policy, Ethics and
January 30, 2002, amended, reported _ Do Pass.
February 4, 2002, read second time, ordered engrossed.
February 5, 2002, engrossed. Read third time, passed. Yeas 94, nays 1.
February 11, 2002, read first time and referred to Committee on Corrections, Criminal and
February 21, 2002, reported favorably _ Do Pass.
February 22, 2002
Second Regular Session 112th General Assembly (2002)
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
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.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2001 General Assembly.
HOUSE BILL No. 1208
A BILL FOR AN ACT to amend the Indiana Code concerning local
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 34-6-2-103; (02)EH1208.1.1. -->
SECTION 1. IC 34-6-2-103, AS AMENDED BY P.L.95-2001,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 103. (a) "Person", for purposes of IC 34-14,
has the meaning set forth in IC 34-14-1-13.
(b) "Person", for purposes of IC 34-19-2, has the meaning set forth
in IC 35-41-1.
(c) "Person", for purposes of IC 34-24-4, means:
(1) an individual;
(2) a governmental entity;
(3) a corporation;
(4) a firm;
(5) a trust;
(6) a partnership; or
(7) an incorporated or unincorporated association that exists
under or is authorized by the laws of this state, another state, or a
(d) "Person", for purposes of IC 34-26-2, includes individuals at
least eighteen (18) years of age and emancipated minors.
(e) "Person", for purposes of IC 34-26-4, has the meaning set forth
in IC 35-41-1-22.
(f) "Person", for purposes of IC 34-30-5, means any of the
(1) An individual.
(2) A corporation.
(3) A partnership.
(4) An unincorporated association.
(5) The state (as defined in IC 34-6-2-140).
(6) A political subdivision (as defined in IC 34-6-2-110).
(7) Any other entity recognized by law.
(g) "Person", for purposes of IC 34-30-6, means an individual, a
corporation, a limited liability company, a partnership, an
unincorporated association, or a governmental entity that:
(1) has qualifications or experience in:
(A) storing, transporting, or handling a hazardous substance or
(B) fighting fires;
(C) emergency rescue; or
(D) first aid care; or
(2) is otherwise qualified to provide assistance appropriate to
remedy or contribute to the remedy of the emergency.
(h) "Person", for purposes of IC 34-30-18, includes:
(1) an individual;
(2) an incorporated or unincorporated organization or association;
(3) the state of Indiana;
(4) a political subdivision (as defined in IC 36-1-2-13);
(5) an agency of the state or a political subdivision; or
(6) a group of such persons acting in concert.
(i) "Person", for purposes of sections 42, 43, 69, and 95 of this
chapter, means an individual, an incorporated or unincorporated
organization or association, or a group of such persons acting in
(j) "Person" for purposes of IC 34-30-10.5, means the following:
(1) A political subdivision (as defined in IC 36-1-2-13).
(2) A volunteer fire department (as defined in IC 36-8-12-2).
(3) An employee of an entity described in subdivision (1) or (2)
who acts within the scope of the employee's responsibilities.
(4) A volunteer firefighter (as defined in IC 36-8-12-2) who is
acting for a volunteer fire department.
(5) After March 31, 2002, a corporation, a limited liability
company, a partnership, an unincorporated association, or
any other entity recognized by law.
SOURCE: IC 36-8-12-11; (02)EH1208.1.2. -->
SECTION 2. IC 36-8-12-11, AS AMENDED BY P.L.6-2001,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11. (a)
Subject to the conditions set forth in
Members of volunteer fire departments may display
blue lights on their privately owned vehicles while en route
fires or other
emergencies or to the fire station
in the line of
(2) to a fire station to get firefighting equipment to transport to the
scene of a fire or other emergency in the line of duty.
(b) The lights displayed on a member's privately owned vehicle
must satisfy subject to
the following conditions:
(1) A light must have a light source of at least
candlepower. thirty-five (35) watts.
(2) All lights must be placed on the:
top of the vehicle;
In addition, lights may be placed dashboard inside a
vehicle, shielded to prevent distracting the driver; or
front of the vehicle upon the bumper or at bumper
(3) No more than four (4) blue
lights light assemblies
displayed on one (1) vehicle, and each blue light assembly
be of the flashing or revolving type.
and visible for three hundred
sixty (360) degrees, except for lights that are placed on the front
of the vehicle.
(4) A blue light
must consist of a lamp with a blue lens, not of an
uncolored lens with a blue bulb. However, a revolving light
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.
In order for a volunteer firefighter to display a blue light on
he 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.
A person who is not a member of a volunteer fire department
may not display
a an illuminated
of any size or shape
(e) (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
(f) (e) A person who violates subsection (a), (b), (c), or (d) or (e)
commits a Class C infraction. If the violator is a member of a volunteer
fire department, the chief of the department shall dismiss him f rom
membership in the discipline the violator under fire department rules
(g) (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
SOURCE: ; (02)EH1208.1.3. -->
SECTION 3. An emergency is declared for this act.