HOUSE BILL No. 1208
DIGEST OF INTRODUCED BILL
Synopsis: Volunteer firefighters and fire departments. Provides that
a volunteer fire department is not subject to examination by the state
board of accounts after disbursements from appropriations, public
funds, taxes, and other sources of public expense. 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. Prohibits an insurer that issues a personal
motor vehicle policy from: (1) including an exclusion in the policy; or
(2) interpreting an exclusionary provision of the policy to exclude
coverage for a motor vehicle used by a volunteer firefighter to travel to
an emergency or to a fire station. Makes conforming amendments.
Effective: Upon passage; July 1, 2002.
January 10, 2002, read first time and referred to Committee on Public Policy, Ethics and
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 5-11-1-9; (02)IN1208.1.1. -->
, AS AMENDED BY P.L.50-1999,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 9. (a) This section does not apply to a
volunteer fire department (as defined in
The state examiner, personally or through the deputy examiners,
field examiners, or private examiners, shall examine all accounts and
all financial affairs of every public office and officer, state office, state
institution, and entity.
An examination of an entity deriving:
(1) less than fifty percent (50%); or
(2) at least fifty percent (50%) but less than one hundred thousand
dollars ($100,000) if the entity is organized as a not-for-profit
of its disbursements during the period of time subject to an
examination from appropriations, public funds, taxes, and other sources
of public expense shall be limited to matters relevant to the use of the
public money received by the entity.
The examination of an entity described in subsection
may be waived or deferred by the state examiner if the state examiner
determines in writing that all disbursements of public money during the
period subject to examination were made for the purposes for which the
money was received.
On every examination under this section, inquiry shall be
made as to the following:
(1) The financial condition and resources of each municipality,
office, institution, or entity.
(2) Whether the laws of the state and the uniform compliance
guidelines of the state board of accounts established under section
24 of this chapter have been complied with.
(3) The methods and accuracy of the accounts and reports of the
The examinations shall be made without notice.
If during an examination of a state office under this chapter
the examiner encounters an inefficiency in the operation of the state
office, the examiner may comment on the inefficiency in the examiner's
The state examiner, deputy examiners, any field examiner, or
any private examiner, when engaged in making any examination or
when engaged in any official duty devolved upon them by the state
examiner, is entitled to do the following:
(1) Enter into any state, county, city, township, or other public
office in this state, or any entity, agency, or instrumentality, and
examine any books, papers, documents, or electronically stored
information for the purpose of making an examination.
(2) Have access, in the presence of the custodian or the
custodian's deputy, to the cash drawers and cash in the custody of
(3) During business hours, examine the public accounts in any
depository that has public funds in its custody pursuant to the
laws of this state.
The state examiner, deputy examiner, or any field examiner,
when engaged in making any examination authorized by law, may issue
subpoenas for witnesses to appear before the examiner in person or to
produce books, papers, or other records (including records stored in
electronic data processing systems) for inspection and examination.
The state examiner, deputy examiner, and any field examiner may
administer oaths and examine witnesses under oath orally or by
interrogatories concerning the matters under investigation and
examination. Under the authority of the state examiner, the oral
examinations may be transcribed with the reasonable expense paid by
the examined person in the same manner as the compensation of the
field examiner is paid. The subpoenas shall be served by any person
authorized to serve civil process from any court in this state. If a
witness duly subpoenaed refuses to attend, refuses to produce
information required in the subpoena, or attends and refuses to be
sworn or affirmed, or to testify when called upon to do so, the examiner
may apply to the circuit court having jurisdiction of the witness for the
enforcement of attendance and answers to questions as provided by the
law governing the taking of depositions.
SOURCE: IC 34-6-2-103; (02)IN1208.1.2. -->
, 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
(b) "Person", for purposes of
, has the meaning set forth
(c) "Person", for purposes of
(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
, includes individuals at
least eighteen (18) years of age and emancipated minors.
(e) "Person", for purposes of
, has the meaning set forth
(f) "Person", for purposes of
, means any of the
(1) An individual.
(2) A corporation.
(3) A partnership.
(4) An unincorporated association.
(5) The state (as defined in
(6) A political subdivision (as defined in
(7) Any other entity recognized by law.
(g) "Person", for purposes of
, 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
(1) an individual;
(2) an incorporated or unincorporated organization or association;
(3) the state of Indiana;
(4) a political subdivision (as defined in
(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
, means the following:
(1) A political subdivision (as defined in
(2) A volunteer fire department (as defined in
(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
) 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)IN1208.1.3. -->
, 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
(C) on the
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
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
A person who violates subsection (a), (b), (c), or
commits a Class C infraction. If the violator is a member of a volunteer
fire department, the chief of the department shall
membership in the discipline the violator under fire
This section does not grant a vehicle displaying blue lights
the right-of-way under
or exemption from traffic rules
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: IC 27-2-21; (02)IN1208.1.4. -->
IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 21. Personal Motor Vehicle Coverage for Volunteer
Sec. 1. (a) As used in this chapter, "personal motor vehicle
policy" means a policy providing one (1) or more of the kinds of
insurance described in
, Class 2(f) and Class 3(d), with
respect to a motor vehicle that is:
(1) owned or leased by an individual; and
(2) used for personal transportation.
(b) The term does not include a commercial motor vehicle
insurance policy or a policy intended to cover a vehicle that is
owned by a business firm and used for business purposes.
Sec. 2. As used in this chapter, "volunteer firefighter" has the
meaning set forth in
Sec. 3. As used in this chapter, "volunteer purposes" refers to
the use by a volunteer firefighter of a motor vehicle that is owned
or leased by the volunteer firefighter to travel to the scene of an
emergency or to a fire station in the line of duty.
Sec. 4. A personal motor vehicle policy that is:
(1) issued in Indiana; or
(2) issued for delivery in Indiana;
must not contain a provision excluding coverage for a motor
vehicle while the motor vehicle is used by a volunteer firefighter
for volunteer purposes.
Sec. 5. An insurer that issues a personal motor vehicle policy:
(1) in Indiana; or
(2) for delivery in Indiana;
shall not interpret a "motor vehicle business exclusion", an "other
business exclusion", or any other exclusionary provision of the
policy in such a way as to exclude coverage for a motor vehicle
while the motor vehicle is used by a volunteer firefighter for
SOURCE: ; (02)IN1208.1.5. -->
SECTION 5. An emergency is declared for this act.