Citations Affected: IC 36-8.
Synopsis: Fire Protection Territory. Requires the legislative body of
each unit creating a fire protection territory to give notice of and hold
a public hearing before adopting an ordinance to create the territory.
Specifies the information that must be included in the notice. Provides
that different property tax rates may apply in the units that make up the
territory, so long as a rate applies uniformly to all of a unit's taxable
property within the territory.
Effective: Upon passage.
January 8, 2001, read first time and referred to Committee on Rules and Legislative
January 29, 2001, amended; reassigned to Committee on Governmental and Regulatory Affairs.
March 1, 2001, amended, reported favorably _ Do Pass.
March 5, 2001, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning local
SECTION 1. IC 36-8-19-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. (a) To establish
a fire protection territory, the legislative bodies of each unit desiring to
become a part of the proposed territory must adopt identical ordinances
after January 1 but before April 1 authorizing the unit to become a
party to an agreement for the establishment of a fire protection
territory. Before adopting an ordinance under this section, a
legislative body must hold a public hearing to receive public
comment on the proposed ordinance. The legislative body must
give notice of the hearing under IC 5-3-1.
(b) The notice required under this section shall include all of the following:
(1) A list of the provider unit and all participating units in the proposed territory.
(2) The date, time, and location of the hearing.
(3) The location where the public can inspect the proposed ordinance.
(4) A statement as to whether the proposed ordinance requires uniform tax rates or different tax rates within the territory.
(5) The name and telephone number of a representative of the unit who may be contacted for further information.
(c) The ordinance adopted under this section shall include at least the following:
(1) The boundaries of the proposed territory.
(2) The identity of the provider unit and all other participating units desiring to be included within the territory.
(3) An agreement to impose:
(A) a uniform tax rate upon all of the taxable property within the territory for fire protection services; or
(B) different tax rates for fire protection services for the units desiring to be included within the territory, so long as a tax rate applies uniformly to all of a unit's taxable property within the territory.
(4) The contents of the agreement to establish the territory.
(b) (d) An ordinance adopted under this section takes effect July 1
of the year the ordinance is adopted.
SECTION 2. IC 36-8-19-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 7. A tax levied under this chapter must be levied at:
(1) a uniform rate upon all taxable property within the territory; or
(2) different rates for the units included within the territory, so long as a tax rate applies uniformly to all of a unit's taxable property within the territory.
SECTION 3. An emergency is declared for this act.