Introduced Version
HOUSE BILL No. 1312
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 5-3; IC 5-15-5.1-5; IC 6-1.1-28-0.7;
IC 36-8-12.
Synopsis: Public notices. Requires the Indiana archives and records
administration (administration) to establish a state public notice
website not later than July 1, 2026. Prohibits the administration from
charging a fee for publishing or viewing notices. Effective July 1, 2026,
eliminates provisions regarding publication of notice on a political
subdivision website. Allows a person to satisfy any notice statute by
publishing notice in any of the following forms of media: (1)
Newspaper, including print edition or electronic edition. (2) Locality
newspaper, including print edition or electronic edition. (3) Political
subdivision website (before July 1, 2026). (4) The state public notice
website (after June 30, 2026). Eliminates provisions requiring: (1) a
political subdivision to publish notice only in a newspaper or locality
newspaper; or (2) a newspaper that has a website to publish notice both
in the newspaper and on the website.
Effective: July 1, 2025.
Meltzer, Miller D, Zimmerman
January 13, 2025, read first time and referred to Committee on Government and Regulatory
Reform.
2025 IN 1312—LS 7336/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
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
word NEW 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 or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1312
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-3-1-0.8 IS ADDED TO THE INDIANA CODE
2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
3 1, 2025]: Sec. 0.8. As used in this chapter, "state public notice
4 website" means the website established under IC 5-3-1.6.
5 SECTION 2. IC 5-3-1-0.9, AS ADDED BY P.L.122-2024,
6 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
7 JULY 1, 2025]: Sec. 0.9. (a) This section applies to the publication of
8 notice of an event that meets both of the following requirements:
9 (1) Notice of the event is required by statute to be published two
10 (2) or more times.
11 (2) Notice is published:
12 (A) at least one (1) time before July 1, 2024; and
13 (B) at least one (1) time after June 30, 2024.
14 (b) Sections 0.2, 0.4, and 0.7 of this chapter (as in effect on June 30,
15 2024) continue to apply to any notices of the event that are published
16 after June 30, 2024, as if SEA 252-2024 had not been enacted.
17 (c) This section expires July 1, 2027. 2025.
2025 IN 1312—LS 7336/DI 87 2
1 SECTION 3. IC 5-3-1-1, AS AMENDED BY P.L.84-2023,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]: Sec. 1. (a) The cost of all public notice advertising
4 which any elected or appointed public official or governmental agency
5 is required by law to have published, or orders published, for which the
6 compensation to the newspapers, locality newspapers, or qualified
7 publications publishing such advertising is drawn from and is the
8 ultimate obligation of the public treasury of the governmental unit
9 concerned with the advertising shall be charged to and collected from
10 the proper fund of the public treasury and paid over to the newspapers,
11 locality newspapers, or qualified publications publishing such
12 advertising, after proof of publication and claim for payment has been
13 filed.
14 (b) The basic charges for publishing public notice advertising shall
15 be by the line and shall be computed based on a square of two hundred
16 and fifty (250) ems at the following rates:
17 (1) Before January 1, 1996, three dollars and thirty cents ($3.30)
18 per square for the first insertion in newspapers or qualified
19 publications plus one dollar and sixty-five cents ($1.65) per
20 square for each additional insertion in newspapers, or qualified
21 publications.
22 (2) After December 31, 1995, and before December 31, 2005, a
23 newspaper or qualified publication may, effective January 1 of
24 any year, increase the basic charges by five percent (5%) more
25 than the basic charges that were in effect during the previous year.
26 However, the basic charges for the first insertion of a public
27 notice in a newspaper, or qualified publication may not exceed the
28 lowest classified advertising rate charged to advertisers by the
29 newspaper, or qualified publication for comparable use of the
30 same amount of space for other purposes.
31 (3) After December 31, 2009, and before January 1, 2017, a
32 newspaper or qualified publication may, effective January 1 of
33 any year, increase the basic charges by not more than two and
34 three-quarters percent (2.75%) more than the basic charges that
35 were in effect during the previous year. However, the basic
36 charges for the first insertion of a public notice in a newspaper or
37 qualified publication may not exceed the lowest classified
38 advertising rate charged to advertisers by the newspaper or
39 qualified publication for comparable use of the same amount of
40 space for other purposes and must include all multiple insertion
41 discounts extended to the newspaper's other advertisers.
42 (4) After December 31, 2016, a newspaper, locality newspaper,
2025 IN 1312—LS 7336/DI 87 3
1 or qualified publication may, effective January 1 of any year,
2 increase the basic charges by not more than two and
3 three-quarters percent (2.75%) more than the basic charges that
4 were in effect during the previous year. However, the basic
5 charges for the first insertion of a public notice in a newspaper,
6 locality newspaper, or qualified publication may not exceed the
7 lowest classified advertising rate charged to advertisers by the
8 newspaper, locality newspaper, or qualified publication for
9 comparable use of the same amount of space for other purposes
10 and must include all multiple insertion discounts extended to the
11 newspaper's, locality newspaper's, or qualified publication's other
12 advertisers.
13 An additional charge of fifty percent (50%) shall be allowed for the
14 publication of all public notice advertising containing rule or tabular
15 work.
16 (c) All public notice advertisements shall be set in solid type that is
17 at least 7 point type, without any leads or other devices for increasing
18 space. All public notice advertisements shall be headed by not more
19 than two (2) lines, neither of which shall total more than four (4) solid
20 lines of the type in which the body of the advertisement is set. Public
21 notice advertisements may be submitted by an appointed or elected
22 official or a governmental agency to a newspaper, locality newspaper,
23 or qualified publication in electronic form, if the newspaper, locality
24 newspaper, or qualified publication is equipped to accept information
25 in compatible electronic form.
26 (d) Each newspaper, locality newspaper, or qualified publication
27 publishing public notice advertising shall submit proof of publication
28 and claim for payment in duplicate on each public notice advertisement
29 published. For each additional proof of publication required by a public
30 official, a charge of one dollar ($1) per copy shall be allowed each
31 newspaper, locality newspaper, or qualified publication furnishing
32 proof of publication.
33 (e) The circulation of a newspaper, locality newspaper, or qualified
34 publication is determined as follows:
35 (1) For a newspaper, by the circulation stated on line 10.C. (Total
36 Paid and/or Requested Circulation of Single Issue Published
37 Nearest to Filing Date) of the Statement of Ownership,
38 Management and Circulation required by 39 U.S.C. 3685 that was
39 filed during the previous year.
40 (2) For a locality newspaper, by a verified affidavit filed with each
41 agency, department, or office of the political subdivision that has
42 public notices the locality newspaper wants to publish. The
2025 IN 1312—LS 7336/DI 87 4
1 affidavit must:
2 (A) be filed with the agency, department, or office of the
3 political subdivision before January 1 of each year; and
4 (B) attest to the circulation of the locality newspaper for the
5 issue published nearest to October 1 of the previous year, as
6 determined by an independent audit of the locality newspaper
7 performed for the previous year.
8 (3) For a qualified publication, by a verified affidavit filed with
9 each governmental agency that has public notices the qualified
10 publication wants to publish. The affidavit must:
11 (A) be filed with the governmental agency before January 1 of
12 each year; and
13 (B) attest to the circulation of the qualified publication for the
14 issue published nearest to October 1 of the previous year.
15 (f) This subsection applies to a towing service acting as an agent of
16 a governmental agency to facilitate the removal of abandoned vehicles
17 or parts. A towing service shall be charged the basic rates charged for
18 all public notice advertising in subsection (b)(4) for providing the
19 notice required under IC 9-22-1-23.
20 (g) The basic charge for publication of a notice in an electronic
21 edition of a newspaper or locality newspaper shall be the same as
22 the basic charge for publication of the notice in the print edition.
23 (h) After June 30, 2026, the Indiana archives and records
24 administration may not charge a fee to publish a notice on the state
25 public notice website.
26 SECTION 4. IC 5-3-1-1.5, AS AMENDED BY P.L.146-2024,
27 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
28 JULY 1, 2025]: Sec. 1.5. (a) This section applies to a notice that must
29 be published in accordance with this chapter.
30 (b) If a newspaper or locality newspaper maintains a website, a
31 notice that is published in the newspaper or locality newspaper must
32 also be posted on the website of the newspaper or locality newspaper.
33 The notice must appear on the website on the same day the notice
34 appears in the newspaper or locality newspaper.
35 (c) The state board of accounts shall develop a standard form for
36 notices posted on a newspaper's or locality newspaper's website.
37 (d) A newspaper or locality newspaper may not charge a fee for
38 posting a notice on the newspaper's or locality newspaper's website
under this section.39
40 (b) Notwithstanding any express statutory requirement of
41 publishing a notice in a specific form of media, a person satisfies
42 the statutory requirement by publishing the notice in any of the
2025 IN 1312—LS 7336/DI 87 5
1 following media:
2 (1) Publication in any of the following forms of a newspaper:
3 (A) A print edition newspaper that is published in or
4 circulates within the political subdivision specified in the
5 statute.
6 (B) An electronic edition published by the newspaper
7 described in clause (A).
8 (2) Publication in any of the following forms of a locality
9 newspaper:
10 (A) A print edition locality newspaper that circulates
11 within the political subdivision specified in the statute.
12 (B) An electronic edition published by the locality
13 newspaper described in clause (A).
14 (3) Before July 1, 2026, on a political subdivision website
15 under IC 5-3-5.
16 (4) After June 30, 2026, on the state public notice website.
17 (c) This section does not exempt a person from complying with
18 any other statutory requirement, including deadlines for
publication of notice and frequency of publication. 19 However,
20 notwithstanding any law that requires a public notice to be
21 published on at least two (2) days and for a specified frequency, a
22 notice published on the state public notice website shall be
23 maintained on the state public notice website for the period as set
forth in IC 5-3-1.6-4.24
25 (d) A newspaper or locality newspaper may not:
26 (1) charge a person a fee for viewing or searching the
27 newspaper's or locality newspaper's electronic edition for
28 public notices; or
29 (2) require a person to register on the newspaper's or locality
30 newspaper's website in order to view or search for public
31 notices in the electronic edition.
32 (e) The basic charge for publication of a notice in an electronic
33 edition of a newspaper or locality newspaper shall be the same as
34 the basic charge for publication of the notice in the print edition in
35 accordance with section 1 of this chapter.
36 SECTION 5. IC 5-3-1-1.6 IS REPEALED [EFFECTIVE JULY 1,
37 2025]. Sec. 1.6. (a) This section applies to a notice published by a
38 political subdivision in a newspaper or locality newspaper under
39 section 4 of this chapter.
40 (b) This subsection applies if a newspaper or locality newspaper
41 publishes:
42 (1) a print edition not more than three (3) times a week; and
2025 IN 1312—LS 7336/DI 87 6
1 (2) an electronic edition.
2 A notice may be published in either the print edition or the electronic
3 edition.
4 (c) This subsection applies if a newspaper or locality newspaper:
5 (1) publishes a print edition not more than two (2) times a week;
6 and
7 (2) does not publish an electronic edition.
8 A notice may be published in either the print edition or on the website
9 of the newspaper or locality newspaper. If the newspaper or locality
10 newspaper does not maintain a website, a notice may be published in
11 either the print edition or on the political subdivision's official website
12 (as defined in IC 5-3-5-2) in accordance with IC 5-3-5.
13 (d) A newspaper or locality newspaper may not:
14 (1) charge a person a fee for viewing or searching the website or
15 electronic edition for public notices; or
16 (2) require a person to register on the newspaper or locality
17 newspaper's website in order to view or search for public notices
18 on the website.
19 (e) The basic charge for publication of a notice in an electronic
20 edition shall be the same as the basic charge for publication of the
21 notice in the print edition in accordance with section 1 of this chapter.
22 SECTION 6. IC 5-3-1-4, AS AMENDED BY P.L.147-2016,
23 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 4. (a) Whenever officers of a political subdivision
25 are required to publish a notice affecting the political subdivision, they
26 shall may publish the notice in two (2) newspapers of the forms of
27 media listed under section 1.5(b) of this chapter. If officers choose
28 to publish a notice in any form of newspaper or locality newspaper,
29 the newspaper's or locality newspaper's print edition must be
30 published in or circulate within the political subdivision as provided
31 in section 1.5(b) of this chapter.
32 (b) This subsection applies to notices published by county officers.
33 If there is only one (1) newspaper published in the county, then
34 publication in that newspaper alone is sufficient.
35 (c) This subsection applies to notices published by city, town, or
36 school corporation officers. If there is only one (1) newspaper
37 published in the municipality or school corporation, then publication
38 in that newspaper alone is sufficient. If no newspaper is published in
39 the municipality or school corporation, then publication of the notice
40 shall be made in one (1) of the following:
41 (1) A locality newspaper that circulates within the municipality or
42 school corporation.
2025 IN 1312—LS 7336/DI 87 7
1 (2) A newspaper published in the county in which the
2 municipality or school corporation is located and that circulates
3 within the municipality or school corporation.
4 (d) This subsection applies to notices published by officers of
5 political subdivisions not covered by subsection (a) or (b). If there is
6 only one (1) newspaper published in the political subdivision, then the
7 notice shall be published in that newspaper. If no newspaper is
8 published in the political subdivision, then publication of the notice
9 shall be made in one (1) of the following:
10 (1) A locality newspaper that circulates within the municipality or
11 school corporation.
12 (2) A newspaper published in the county and that circulates
13 within the political subdivision.
14 (e) This subsection applies to a political subdivision, including a
15 city, town, or school corporation. Notwithstanding any other law, if a
16 political subdivision has territory in more than one (1) county, public
17 notices that are required by law or ordered to be published must be
18 given as follows:
19 (1) By publication in two (2) newspapers published within the
20 boundaries of the political subdivision.
21 (2) If only one (1) newspaper is published within the boundaries
22 of the political subdivision, by publication of the notice in that
23 newspaper and in one (1) of the following:
24 (A) A locality newspaper that circulates within the political
25 subdivision.
26 (B) In another newspaper:
27 (i) published in any county in which the political subdivision
28 extends; and
29 (ii) that has a general circulation in the political subdivision.
30 (3) If no newspaper is published within the boundaries of the
31 political subdivision, by publishing the notice in two (2)
32 publications, consisting of either or both of the following:
33 (A) A locality newspaper that circulates within the political
34 subdivision.
35 (B) A newspaper that:
36 (i) is published in any counties into which the political
37 subdivision extends; and
38 (ii) has a general circulation in the political subdivision.
39 (4) If only one (1) newspaper is published in any of the counties
40 into which the political subdivision extends, by publication of the
41 notice in one (1) of the following:
42 (A) A locality newspaper that circulates within the political
2025 IN 1312—LS 7336/DI 87 8
1 subdivision.
2 (B) The newspaper published in the county if the newspaper
3 circulates within the political subdivision.
4 (f) (b) A political subdivision may, in its discretion, publish public
5 notices in a qualified publication or additional newspapers or locality
6 newspapers to provide supplementary notification to the public. The
7 cost of publishing supplementary notification is a proper expenditure
8 of the political subdivision.
9 SECTION 7. IC 5-3-1.6 IS ADDED TO THE INDIANA CODE AS
10 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
11 1, 2025]:
12 Chapter 1.6. State Public Notice Website
13 Sec. 1. The definitions in IC 5-3-1 apply throughout this chapter.
14 Sec. 2. Not later than July 1, 2026, the Indiana archives and
15 records administration created by IC 5-15-5.1-3 shall establish and
16 operate a state public notice website as a repository for public
17 notices.
18 Sec. 3. The state public notice website shall:
19 (1) receive, publish, and store public notices; and
20 (2) be searchable by:
21 (A) county, city, town, township, school corporation;
22 (B) date of publication or event; and
23 (C) subject, which may include:
24 (i) public hearing notices;
25 (ii) build operate transfer notices under IC 5-23;
26 (iii) notices regarding the receiving of bids;
27 (iv) election notices;
28 (v) notices regarding the sales of bonds, notes, or
29 warrants;
30 (vi) notices regarding the cumulative or sinking funds;
31 and
32 (vii) notices regarding the adoption of ordinances.
33 Sec. 4. (a) Except as provided in subsection (b), a public notice
34 shall be maintained on the state public notice website for at least
35 seven (7) days after the day of publication.
36 (b) If a public notice is required by law to be published on at
least two (2) days and for a specified frequency, 37 the notice shall be
38 maintained on the state public notice website from the first day
39 that publication of the notice is required by law until at least seven
40 (7) days after the last day that publication of the notice is required
41 by law.
42 Sec. 5. A person may submit a notice for publication directly to
2025 IN 1312—LS 7336/DI 87 9
1 the state public notice website.
2 Sec. 6. The Indiana archives and records administration shall do
3 the following:
4 (1) Maintain the state public notice website to be accessible
5 and searchable by the public at all times, other than during
6 maintenance or circumstances outside the operator's control.
7 (2) Not charge the person placing the notice a fee for:
8 (A) publishing a public notice on the state public notice
9 website; or
10 (B) viewing or searching the state public notice website for
11 public notices.
12 (3) Not require a person to register in order to view or search
13 for public notices on the website.
14 Sec. 7. Proof of publication of notice shall be provided in
15 accordance with rules adopted by the supreme court.
16 Sec. 8. IC 5-3-1-2.3 and any other provision regarding an error
17 or omission in a notice published in a newspaper also apply to a
18 publication of a notice on the state public notice website.
19 SECTION 8. IC 5-3-5-10 IS ADDED TO THE INDIANA CODE
20 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
21 1, 2025]: Sec. 10. This chapter expires July 1, 2026.
22 SECTION 9. IC 5-15-5.1-5, AS AMENDED BY P.L.222-2023,
23 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
24 JULY 1, 2025]: Sec. 5. (a) Subject to approval by the oversight
25 committee on public records created by section 18 of this chapter, the
26 administration shall do the following:
27 (1) Establish a forms management program for state forms.
28 (2) Establish and maintain a central cross index filing system of
29 all state forms.
30 (3) Establish a statewide records management program,
31 prescribing the standards and procedures for:
32 (A) retention and preservation of agency records; and
33 (B) records management training for agencies and local
34 government.
35 However, the investigative and criminal history records of the
36 state police department are exempted from this requirement.
37 (4) Establish and operate a statewide archival program to be
38 called the Indiana state archives for the permanent government
39 records of the state and local governments, provide consultant
40 services for archival programs, conduct surveys, and provide
41 training for records coordinators.
42 (5) Establish and operate a statewide records preservation
2025 IN 1312—LS 7336/DI 87 10
1 laboratory.
2 (6) Prepare, develop, and implement records retention schedules.
3 (7) Establish and operate a central records center to be called the
4 Indiana state records center, which shall accept all records
5 approved for transfer to it, provide secure storage and reference
6 service for the same, and submit written notice to the applicable
7 agency of intended destruction of records in accordance with
8 approved retention schedules.
9 (8) Demand from any person, organization, or body who has
10 illegal possession of original state or local government records
11 those records, which shall be delivered to the administration.
12 (9) Have the authority to examine all forms and records housed or
13 possessed by state agencies and local governments for the purpose
14 of fulfilling the provisions of this chapter.
15 (10) In coordination with the office of technology established by
16 IC 4-13.1-2-1, establish standards to ensure the preservation of
17 adequate and permanent computerized and auxiliary automated
18 information records of state agencies and local government.
19 (11) Notwithstanding IC 5-14-3-8, establish a schedule of fees for
20 services provided to patrons of the Indiana state archives, patrons
21 of the state imaging and microfilm laboratory, and state agencies.
22 A copying fee established under this subdivision may exceed the
23 copying fee set forth in IC 5-14-3-8(c).
24 (12) Advise the office of technology established by IC 4-13.1-2-1
25 with respect to records management and archival principles as
26 applicable to the purchase of all electronic content and
27 information management systems.
28 (b) Fees collected under subsection (a)(11) shall be deposited in the
29 state archives preservation and reproduction account established by
30 section 5.3 of this chapter.
31 (c) The administration shall establish and operate the state
32 public notice website under IC 5-3-1.6.
33 SECTION 10. IC 6-1.1-28-0.7, AS AMENDED BY THE
34 TECHNICAL CORRECTIONS BILL OF THE 2025 GENERAL
35 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
36 JULY 1, 2025]: Sec. 0.7. The county assessor of the county responsible
37 for administration of a multiple county property tax assessment board
38 of appeals under section 0.5 of this chapter shall give notice of the
39 time, date, place, and purpose of each annual session of the multiple
40 county property tax assessment board of appeals. The county assessor
41 shall give the notice two (2) weeks before the first meeting of the
42 multiple county property tax assessment board of appeals by:
2025 IN 1312—LS 7336/DI 87 11
1 (1) publication of the notice within the geographic area over
2 which the multiple county property tax assessment board of
3 appeals has jurisdiction in the same manner as political
4 subdivisions subject to IC 5-3-1-4(e) IC 5-3-1-4 are required to
5 publish notice; and
6 (2) posting of the notice on the county assessor's Internet web site.
7 website.
8 SECTION 11. IC 36-8-12-16, AS AMENDED BY P.L.236-2023,
9 SECTION 201, IS AMENDED TO READ AS FOLLOWS
10 [EFFECTIVE JULY 1, 2025]: Sec. 16. (a) A volunteer fire department
11 that provides service within a jurisdiction served by the department
12 may establish a schedule of charges for the services that the department
13 provides not to exceed the state fire marshal's recommended schedule
14 for services. The volunteer fire department or its agent may collect a
15 service charge according to this schedule from the owner of property
16 that receives service if the following conditions are met:
17 (1) At the following times, the department gives notice under
18 IC 5-3-1-4(d) IC 5-3-1-4 in each political subdivision served by
19 the department of the amount of the service charge for each
20 service that the department provides:
21 (A) Before the schedule of service charges is initiated.
22 (B) When there is a change in the amount of a service charge.
23 (2) The property owner has not sent written notice to the
24 department to refuse service by the department to the owner's
25 property.
26 (3) The bill for payment of the service charge:
27 (A) is submitted to the property owner in writing within thirty
28 (30) days after the services are provided;
29 (B) includes a copy of a fire incident report in the form
30 prescribed by the state fire marshal, if the service was
31 provided for an event that requires a fire incident report;
32 (C) must contain verification that the bill has been approved
33 by the chief of the volunteer fire department; and
34 (D) must contain language indicating that correspondence
35 from the property owner and any question from the property
36 owner regarding the bill should be directed to the department.
37 (4) Payment is remitted directly to the governmental unit
38 providing the service.
39 (b) A volunteer fire department shall use the revenue collected from
40 the fire service charges under this section:
41 (1) for the purchase of equipment, buildings, and property for
42 firefighting, fire protection, or other emergency services;
2025 IN 1312—LS 7336/DI 87 12
1 (2) for deposit in the township firefighting and emergency
2 services fund established under IC 36-8-13-4(a)(1) or the
3 township firefighting fund established under
4 IC 36-8-13-4(a)(2)(A); or
5 (3) to pay principal and interest on a loan made by the department
6 of homeland security established by IC 10-19-2-1 or a division of
7 the department for the purchase of new or used firefighting and
8 other emergency equipment or apparatus.
9 (c) Any administrative fees charged by a fire department's agent
10 must be paid only from fees that are collected and allowed by Indiana
11 law and the fire marshal's schedule of fees.
12 (d) An agent who processes fees on behalf of a fire department shall
13 send all bills, notices, and other related materials to both the fire
14 department and the person being billed for services.
15 (e) All fees allowed by Indiana law and the fire marshal's fee
16 schedule must be itemized separately from any other charges.
17 (f) If at least twenty-five percent (25%) of the money received by a
18 volunteer fire department for providing fire protection or emergency
19 services is received under one (1) or more contracts with one (1) or
20 more political subdivisions (as defined in IC 34-6-2-110), the
21 legislative body of a contracting political subdivision must approve the
22 schedule of service charges established under subsection (a) before the
23 schedule of service charges is initiated in that political subdivision.
24 (g) A volunteer fire department that:
25 (1) has contracted with a political subdivision to provide fire
26 protection or emergency services; and
27 (2) charges for services under this section;
28 must submit a report to the legislative body of the political subdivision
29 before April 1 of each year indicating the amount of service charges
30 collected during the previous calendar year and how those funds have
31 been expended.
32 (h) The state fire marshal shall annually prepare and publish a
33 recommended schedule of service charges for fire protection services.
34 (i) The volunteer fire department or its agent may maintain a civil
35 action to recover an unpaid service charge under this section and may,
36 if it prevails, recover all costs of the action, including reasonable
37 attorney's fees.
38 SECTION 12. IC 36-8-12-17, AS AMENDED BY P.L.236-2023,
39 SECTION 202, IS AMENDED TO READ AS FOLLOWS
40 [EFFECTIVE JULY 1, 2025]: Sec. 17. (a) If a political subdivision has
41 not imposed its own false alarm fee or service charge, a volunteer fire
42 department that provides service within the jurisdiction may establish
2025 IN 1312—LS 7336/DI 87 13
1 a service charge for responding to false alarms. The volunteer fire
2 department may collect the false alarm service charge from the owner
3 of the property if the volunteer fire department dispatches firefighting
4 apparatus or personnel to a building or premises in the township in
5 response to:
6 (1) an alarm caused by improper installation or improper
7 maintenance; or
8 (2) a drill or test, if the fire department is not previously notified
9 that the alarm is a drill or test.
10 However, if the owner of property that constitutes the owner's residence
11 establishes that the alarm is under a maintenance contract with an
12 alarm company and that the alarm company has been notified of the
13 improper installation or maintenance of the alarm, the alarm company
14 is liable for the payment of the fee or service charge.
15 (b) Before establishing a false alarm service charge, the volunteer
16 fire department must provide notice under IC 5-3-1-4(d) IC 5-3-1-4 in
17 each political subdivision served by the department of the amount of
18 the false alarm service charge. The notice required by this subsection
19 must be given:
20 (1) before the false alarm service charge is initiated; and
21 (2) before a change in the amount of the false alarm service
22 charge.
23 (c) A volunteer fire department may not collect a false alarm service
24 charge from a property owner or alarm company unless the
25 department's bill for payment of the service charge:
26 (1) is submitted to the property owner in writing within thirty (30)
27 days after the false alarm; and
28 (2) includes a copy of a fire incident report in the form prescribed
29 by the state fire marshal.
30 (d) A volunteer fire department shall use the money collected from
31 the false alarm service charge imposed under this section:
32 (1) for the purchase of equipment, buildings, and property for fire
33 fighting, fire protection, or other emergency services;
34 (2) for deposit in the township firefighting and emergency
35 services fund established under IC 36-8-13-4(a)(1) or the
36 township firefighting fund established under
37 IC 36-8-13-4(a)(2)(A); or
38 (3) to pay principal and interest on a loan made by the department
39 of homeland security established by IC 10-19-2-1 or a division of
40 the department for the purchase of new or used firefighting and
41 other emergency equipment or apparatus.
42 (e) If at least twenty-five percent (25%) of the money received by a
2025 IN 1312—LS 7336/DI 87 14
1 volunteer fire department for providing fire protection or emergency
2 services is received under one (1) or more contracts with one (1) or
3 more political subdivisions (as defined in IC 34-6-2-110), the
4 legislative body of a contracting political subdivision must approve the
5 false alarm service charge established under subsection (a) before the
6 service charge is initiated in that political subdivision.
7 (f) A volunteer fire department that:
8 (1) has contracted with a political subdivision to provide fire
9 protection or emergency services; and
10 (2) imposes a false alarm service charge under this section;
11 must submit a report to the legislative body of the political subdivision
12 before April 1 of each year indicating the amount of false alarm
13 charges collected during the previous calendar year and how those
14 funds have been expended.
15 (g) The volunteer fire department may maintain a civil action to
16 recover unpaid false alarm service charges imposed under this section
17 and may, if it prevails, recover all costs of the action, including
18 reasonable attorney's fees.
19 SECTION 13. [EFFECTIVE JULY 1, 2025] (a) The legislative
20 services agency shall prepare legislation for introduction in the
21 2026 regular session of the general assembly to make any necessary
22 amendments to the Indiana Code to conform to the amendments
23 made by this act.
24 (b) This SECTION expires July 1, 2027.
2025 IN 1312—LS 7336/DI 87