HOUSE BILL No. 1406
DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-8-2.5.
Synopsis: Public safety expenses for events. Specifies that a city,
town, or county may adopt an ordinance or a resolution to collect a fee
for costs incurred by the unit for providing security for a special event.
Effective: July 1, 2004.
January 20, 2004, read first time and referred to Committee on Local Government.
Second Regular Session 113th General Assembly (2004)
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HOUSE BILL No. 1406
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 36-8-2.5; (04)IN1406.1.1. -->
SECTION 1. IC 36-8-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW
CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2004]:
Chapter 2.5. Special Event Security
Sec. 1. As used in this chapter, "law enforcement officer" means
(1) A regular member of a city or town police department.
(2) A town marshal or town marshal deputy.
(3) A regular member of a county sheriff's department.
Sec. 2. As used in this chapter, "special event" means any
temporary activity that occurs on public or private property and
(1) affects the ordinary use of parks, public streets, public
rights-of-way, or sidewalks;
(2) affects traffic, including pedestrian traffic;
(3) increases the use of public services;
(4) generates considerable public participation; or
(5) affects public health, safety, or welfare.
The term includes the temporary presence within the unit of at
least one (1) person that creates any of the circumstances listed in
subdivisions (1) through (5).
Sec. 3. A unit may adopt an ordinance or a resolution
establishing a procedure for assessing and collecting a fee from a
person to pay
the unit for the unit's cost of providing security for
the special event that exceeds the regular law enforcement
protection. The unit shall determine the additional security
required for the special event.
Sec. 4. The unit may collect the fee described in this chapter
from a person who:
(1) owns, is in possession of, or is in charge of the property
where the special event takes place; or
(2) organizes or is responsible for the occurrence of the special
Sec. 5. For purposes of the assessment of a fee under section 3
of this chapter, a unit's cost for providing additional security for a
special event may include:
(1) salaries of law enforcement officers;
(2) the pro rata cost of equipment;
(3) the cost of repairing the equipment and property of the
(4) the cost of any medical treatment of injured law
enforcement officers; and
(5) the cost of reasonable attorney's fees.
Sec. 6. This chapter does not prohibit a unit from assessing and
collecting a fee for any cost incurred by the unit for a special event
other than the cost of providing security for the special event.