Enrolled Act, House Bill 1081

Second Regular Session 112th General Assembly (2002)

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HOUSE ENROLLED ACT No. 1081

AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-8-4.3; (02)HE1081.1.1. -->     SECTION 1. IC 36-8-4.3 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     Chapter 4.3. Police and Fire Employment Policies in Special Service Districts
    Sec. 1. This chapter applies to a police or fire special service district created by IC 36-3-1-6.
    Sec. 2. (a) A special service district shall pay for the care of:
        (1) a full-time, paid police officer who:
            (A) suffers an injury; or
            (B) contracts an illness;
        during the performance of the officer's duty; or
        (2) a full-time, paid firefighter who:
            (A) suffers an injury; or
            (B) contracts an illness;
        during the performance of the firefighter's duty.
    (b) The special service district shall pay for the following expenses incurred by a police officer or firefighter described in subsection (a):
        (1) Medical and surgical care.
        (2) Medicines and laboratory, curative, and palliative agents and means.
        (3) X-ray, diagnostic, and therapeutic service, including during the recovery period.
        (4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
    (c) Expenditures required by subsection (a) shall be paid from the general fund of the special service district.
    (d) A special service district that has paid for the care of a police officer or firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the police officer or firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The special service district's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer or firefighter against the third party.

SOURCE: IC 36-8-9-8; (02)HE1081.1.2. -->     SECTION 2. IC 36-8-9-8 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 8. (a) A town shall pay for the care of a full-time, paid police officer who:
        (1) suffers an injury; or
        (2) contracts an illness;
during the performance of the officer's duty.
    (b) The town shall pay for the following expenses incurred by a police officer described in subsection (a):
        (1) Medical and surgical care.
        (2) Medicines and laboratory, curative, and palliative agents and means.
        (3) X-ray, diagnostic, and therapeutic service, including during the recovery period.
        (4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
    (c) Expenditures required by subsection (a) shall be paid from the general fund of the town.
    (d) A town that has paid for the care of a police officer under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the police officer has a cause of action for an injury sustained because of, or an illness caused by, the third party. The town's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the police officer against the third party.

SOURCE: IC 36-8-11-27; (02)HE1081.1.3. --> SECTION 3. IC 36-8-11-27 IS ADDED TO THE INDIANA CODE

AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 27. (a) A fire protection district shall pay for the care of a full-time, paid firefighter who suffers:
        (1) an injury; or
        (2) contracts an illness;
during the performance of the firefighter's duties.
    (b) The fire protection district shall pay for the following expenses incurred by a firefighter described in subsection (a):
        (1) Medical and surgical care.
        (2) Medicines and laboratory, curative, and palliative agents and means.
        (3) X-ray, diagnostic, and therapeutic service, including service provided during the recovery period.
        (4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
    (c) Expenditures required by subsection (a) shall be paid from the fund used by the fire protection district for payment of the costs attributable to providing fire protection services in the fire protection district.
    (d) A fire protection district that has paid for the care of a firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the firefighter has a cause of action for:
        (1) an injury sustained because of; or
        (2) an illness caused by;
the third party. The fire protection district's cause of action under this subsection is in addition to, and not instead of, the cause of action of the firefighter against the third party.

SOURCE: IC 36-8-13-9; (02)HE1081.1.4. -->     SECTION 4. IC 36-8-13-9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 9. (a) A township shall pay for the care of a full-time, paid firefighter who suffers:
        (1) an injury; or
        (2) contracts an illness;
during the performance of the firefighter's duty.
    (b) The township shall pay for the following expenses incurred by a firefighter described in subsection (a):
        (1) Medical and surgical care.
        (2) Medicines and laboratory, curative, and palliative agents and means.
        (3) X-ray, diagnostic, and therapeutic service, including

during the recovery period.
        (4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
    (c) Expenditures required by subsection (a) shall be paid from the township firefighting fund established by section 4 of this chapter.
    (d) A township that has paid for the care of a firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The township's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the firefighter against the third party.

SOURCE: IC 36-8-19-14; (02)HE1081.1.5. -->     SECTION 5. IC 36-8-19-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: 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 care.
        (2) Medicines and laboratory, curative, and palliative agents and means.
        (3) X-ray, diagnostic, and therapeutic service, including during the recovery period.
        (4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
    (c) Expenditures required by subsection (a) shall be paid from the fund used by the provider unit for payment of the costs attributable to providing fire protection services in the provider unit.
    (d) A provider unit that has paid for the care of a firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The provider unit's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the firefighter against the third party.