MADAM PRESIDENT:
I move
that Senate Bill 1 be amended to read as follows:
Page 1, between the enacting clause and line 1, begin a new paragraph
and insert:
SECTION 1. IC
6-
1.1-
18.5-
21 IS ADDED TO THE INDIANA
CODE AS A
NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2007]:
Sec. 21. (a) The ad valorem property tax levy
limits imposed by this chapter do not apply to ad valorem property
taxes imposed by a consolidated city to pay or fund any indebtedness
assumed, defeased, paid, or refunded under IC
36-
3-
1-
6.1 or IC
36-
3-
1-
6.3.
(b) For purposes of this section:
(1) "current year" means the calendar year that immediately
precedes the first calendar year in which property taxes are first
due and payable based on a consolidation under IC
36-
3-
1-
6.1
or IC
36-
3-
1-
6.3;
(2) "ensuing year" means the calendar year that immediately
succeeds the current year; and
(3) "maximum levy" means the maximum permissible ad
valorem property tax levy under section 3 of this chapter.
(c) The maximum levy for a consolidated city is increased for
property taxes first due and payable in the ensuing year and each
subsequent calendar year by an amount equal to the lesser of:
(1) the difference between:
(A) the maximum levy for the current year for the
consolidated city's fire special service district created under
IC
36-
3-
1-
6; and
(B) the amount levied for the current year for the fire special
service district; or
(2) ten percent (10%) of the maximum levy for the consolidated
city's fire special service district created under IC
36-
3-
1-
6 for
property taxes first due and payable in the ensuing year.
(d) The maximum levy for property taxes first due and payable in
the ensuing year:
(1) is increased for a consolidated city by the amount equal to
the property tax levy for taxes first due and payable in the
current year for fire protection and related services by each:
(A) township;
(B) airport authority; or
(C) fire protection territory;
whose fire department is consolidated into the fire department
of a consolidated city under IC
36-
3-
1-
6.1; and
(2) is reduced for:
(A) a township;
(B) an airport authority; or
(C) a fire protection territory;
whose fire department is consolidated into the fire department
of a consolidated city under IC
36-
3-
1-
6.1 by the amount equal
to the property tax levy for taxes first due and payable in the
current year for fire protection and related services by the
township, airport authority, or fire protection territory.
(e) The balance on January 1 of the ensuing year in the cumulative
building and equipment fund for fire protection and related services
of each:
(1) township;
(2) airport authority; or
(3) fire protection territory;
whose fire department is consolidated into the fire department of a
consolidated city under IC
36-
3-
1-
6.1 is transferred on that date to
the consolidated city's cumulative building and equipment fund for
fire protection and related services and may be used only for the
purposes provided under IC
36-
8-
14.
SECTION 2. IC
6-
3.5-
6-
18.5, AS AMENDED BY P.L.234-
2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18.5. (a) This section applies to a county
containing a consolidated city.
(b) Notwithstanding section 18(e) of this chapter, the distributive
shares that each civil taxing unit in a county containing a consolidated
city is entitled to receive during a month equals the following:
department has certified as distributive shares for that month
under section 17 of this chapter for the calendar year.
STEP THREE: Subtract the STEP ONE result from the STEP
TWO result.
STEP FOUR: If the STEP THREE result is less than or equal to
zero (0), multiply the STEP TWO result by the ratio established
under subdivision (1).
STEP FIVE: Determine the ratio of:
(A) the maximum permissible property tax levy under IC
6-
1.1-
18.5, IC
12-
19-
7, and IC
12-
19-
7.5 for each civil taxing unit for
the calendar year in which the month falls, plus, for a county,
an amount equal to the property taxes imposed by the county in
1999 for the county's welfare fund and welfare administration
fund; divided by
(B) the sum of the maximum permissible property tax levies
under IC
6-
1.1-
18.5, IC
12-
19-
7, and IC
12-
19-
7.5 for all civil
taxing units of the county during the calendar year in which the
month falls, and an amount equal to the property taxes imposed
by the county in 1999 for the county's welfare fund and welfare
administration fund.
STEP SIX: If the STEP THREE result is greater than zero (0), the
STEP ONE amount shall be distributed by multiplying the STEP
ONE amount by the ratio established under subdivision (1).
STEP SEVEN: For each taxing unit determine the STEP FIVE
ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit determine the difference
between the STEP SEVEN amount minus the product of the
STEP ONE amount multiplied by the ratio established under
subdivision (1). The STEP THREE excess shall be distributed as
provided in STEP NINE only to the civil taxing units that have a
STEP EIGHT difference greater than or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a
distribution under STEP EIGHT, each civil taxing unit's share
equals the STEP THREE excess multiplied by the ratio of:
(A) the maximum permissible property tax levy under IC
6-
1.1-
18.5, IC
12-
19-
7, and IC
12-
19-
7.5 for the qualifying civil
taxing unit during the calendar year in which the month falls,
plus, for a county, an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund
and welfare administration fund; divided by
(B) the sum of the maximum permissible property tax levies
under IC
6-
1.1-
18.5, IC
12-
19-
7, and IC
12-
19-
7.5 for all
qualifying civil taxing units of the county during the calendar
year in which the month falls, and an amount equal to the
property taxes imposed by the county in 1999 for the county's
welfare fund and welfare administration fund.
(c) Except with respect to Center Township, for each year after
2006, sixty-
six percent (66%) of the revenues to be distributed as
distributive shares during each month to the townships listed in this
section are to be distributed as additional distributive shares to
Indianapolis/Marion County and the township distributive shares
are reduced by sixty-
six percent (66%).
(d) If Lawrence, Beech Grove, Southport, or Speedway
consolidates its fire department into the consolidated fire
department under IC
36-
3-
1-
6.3, commencing with the calendar
year following that consolidation and for each year thereafter, the
monthly distributive share of county option income taxes distributed
to Lawrence, Beech Grove, Southport, or Speedway, as applicable,
shall be reduced by a percentage set forth in the ordinances adopted
under IC
36-
3-
1-
6.3, and those revenues shall instead be distributed
as additional distributive shares to Indianapolis/Marion County.
SECTION 3. IC
8-
22-
3-
11.6, AS ADDED BY P.L.227-
2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11.6. (a) This section applies only to an airport
authority established for a county having a consolidated city.
(b)
If:
(1)
the legislative body of the consolidated city
and
the
governing
body
of
the
airport
authority
may
adopt
substantially
similar
ordinances
providing
that
adopts an ordinance providing that:
(A)
the fire department of the airport authority is consolidated into
the fire department of the consolidated city
created by IC
36-
3-
1-
6.1;
and
that
(B)
the fire department of the consolidated city shall provide fire
protection services for the airport authority;
If
ordinances
are
adopted
under
this
section,
and
(2) the executive of the consolidated city approves the
ordinance;
the consolidation shall take effect on the date
agreed
to
by
the
legislative
body
of
the
consolidated
city
and
the
governing
body
of
the
airport
authority
in
the
ordinances.
set forth in the ordinance.
(c) The legislative body of the consolidated city
and
the
governing
body
of
the
airport
authority
may adopt
substantially
similar
ordinances
an ordinance under IC
36-
3-
1-
5.1
providing that the law enforcement
services of the airport authority are consolidated into the consolidated
law enforcement department of the consolidated city
created by IC
36-
3-
1-
5.1,
and that the law enforcement department of the consolidated
city shall provide law enforcement services for the airport authority.
If
ordinances
are
adopted
under
this
section,
the
consolidation
shall
take
effect
on
the
date
agreed
to
by
the
legislative
body
of
the
consolidated
city
and
the
governing
body
of
the
airport
authority
in
the
ordinances.
Page 22, between lines 7 and 8, begin a new paragraph and insert:
"SECTION 4. IC
36-
3-
1-
6.1, AS ADDED BY P.L.227-
2005,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec.
6.1. (a)
This
section
applies
only
in
a
county
containing
a
consolidated
city.
If
the
requirements
of
subsection
(g)
are
satisfied,
The legislative body of the consolidated city may adopt an
ordinance, approved by the executive of the consolidated city, to
consolidate
the fire departments of the following
are
consolidated
into
the fire department of a consolidated city (referred to as "the
consolidated fire department"):
(1) A township
for
which
the
consolidation
is
approved
by
the
township
legislative
body
and
trustee
and
the
legislative
body
and
mayor
of
the
located in a county having a
consolidated city.
(2) Any fire protection territory established under IC
36-
8-
19 that
is located in a
township
described
in
subdivision
(1).
county having
a consolidated city.
(3) The territory in which an airport authority established for
a consolidated city under IC
8-
22-
3 may provide fire protection
services.
(b) The legislative body of the consolidated city may not adopt an
ordinance under this section, unless the legislative body first:
(1) holds a public hearing on the proposed consolidation; and
(2) determines that:
(A) reasonable and adequate fire protection can be provided
through the consolidation; and
(B) the consolidation is in the public interest.
(b)
(c)
If the requirements of subsection
(g)
(a)
are satisfied,
except as
provided in section 6.3 of this chapter,
the consolidated fire
department shall provide fire protection services within
an
entity
described
in
subsection
(a)(1)
or
(a)(2)
in
which
the
requirements
of
subsection
(g)
are
satisfied
the county beginning
on the date
agreed
to
in
the
resolution
of
the
township
legislative
body
and
set forth in
the
ordinance of the legislative body of the consolidated city.
(c)
(d)
If the
requirements
of
subsection
(g)
are
satisfied
and
the
fire
department
departments
of
an
entity
the entities
listed in subsection (a)
is
are
consolidated into the fire department of the consolidated city, all
of the property, equipment, records, rights, and contracts of the
department
departments
consolidated into the fire department of the
consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.
However,
real
property
other
than
real
property
used
as
a
fire
station
may
be
transferred
only
on
terms
mutually
agreed
to
by
the
legislative
body
and
mayor
of
the
consolidated
city
and
the
trustee
and
legislative
body
of
the
township
in
which
that
real
property
is
located.
Any funds
transferred under this subsection to the consolidated city that
represent balances in a cumulative building and equipment fund for
fire protection and related services established under IC
36-
8-
14
shall be deposited to the consolidated city's cumulative building and
equipment fund for fire protection and related services established
under this section and shall be used by the consolidated city for the
funding of land, buildings, and equipment for fire protection and
emergency medical services as provided under IC
36-
8-
14.
(d)
(e)
If
the
requirements
of
subsection
(g)
are
satisfied
and
the fire
department
departments
of
an
entity
the entities
listed in subsection (a)
is
are
consolidated into the fire department of the consolidated city, the
employees of the fire department consolidated into the fire department
of the consolidated city cease employment with the department of the
entity listed in subsection (a) and become employees of the consolidated
fire department on the effective date of the consolidation. The
consolidated city shall assume all agreements with labor organizations
that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the fire
department of the consolidated city who become employees of the
consolidated fire department.
(e)
(f)
If
the
requirements
of
subsection
(g)
are
satisfied
and
the fire
department
departments
of
an
entity
the entities
listed in subsection (a)
is
are
consolidated into the fire department of a consolidated city, the
indebtedness related to fire protection services incurred before the
effective date of the consolidation by:
(1)
the entity; or
(2)
a building, holding, or leasing corporation on behalf of the
entity;
whose fire department is consolidated into the consolidated fire
department under subsection (a) shall
remain
the
debt
of
the
entity
and
does
not
become
and
may
not
be assumed,
defeased, paid, or refunded
by the consolidated city. Indebtedness related to fire protection services
that is incurred by the consolidated city before the effective date of the
consolidation shall remain the debt of the consolidated city and property
taxes levied to pay the debt may only be levied by the fire special
service district.
(g) Notwithstanding any other law and subject to subsection (h),
to assume, defease, pay or refund all or a part of the indebtedness
described in subsection (f), the consolidated city is not required to
comply with any other statutory procedures or approvals that apply
when a unit incurs indebtedness.
(h) Notwithstanding subsections (f) and (g), the consolidated city
may not assume all or any part of the indebtedness described in
subsection (f) that will exceed the limitations on the amount of
indebtedness that the consolidated city may incur.
(i) The rights of the trustee and the bondholders with respect to
any:
(1) bonds or other indebtedness described in subsection (f); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (f);
remain the same, although the powers, duties, agreements, and
liabilities of the entities listed in subsection (a) have been transferred
to the consolidated city, and the consolidated city shall be considered
to have assumed all of those powers, duties, agreements and
liabilities.
(f)
(j)
If
the
requirements
of
subsection
(g)
are
satisfied
and
the fire
department
departments
of
an
entity
the entities
listed in subsection (a)
is
are
consolidated into the fire department of a consolidated
city,
the
merit board and the merit system of the fire
department
departments
that
is
are
consolidated are dissolved on the effective date of the
consolidation, and the duties of the merit boards are transferred to and
assumed by the merit board for the consolidated fire department on the
effective date of the consolidation.
(g)
A
township
legislative
body,
after
approval
by
the
township
trustee,
may
adopt
a
resolution
approving
the
consolidation
of
the
township's
fire
department
with
the
fire
department
of
the
consolidated
city.
A
township
legislative
body
may
adopt
a
resolution
under
this
subsection
only
after
the
township
legislative
body
has
held
a
public
hearing
concerning
the
proposed
consolidation.
The
township
legislative
body
shall
hold
the
hearing
not
earlier
than
thirty
(30)
days
after
the
date
the
resolution
is
introduced.
The
hearing
shall
be
conducted
in
accordance
with
IC
5-
14-
1.5
and
notice
of
the
hearing
shall
be
published
in
accordance
with
IC
5-
3-
1.
If
the
township
legislative
body
has
adopted
a
resolution
under
this
subsection,
the
township
legislative
body
shall,
after
approval
from
the
township
trustee,
forward
the
resolution
to
the
legislative
body
of
the
consolidated
city.
If
such
a
resolution
is
forwarded
to
the
legislative
body
of
the
consolidated
city,
the
legislative
body
of
the
consolidated
city
may
adopt
an
ordinance,
approved
by
the
mayor
of
the
consolidated
city,
approving
the
consolidation
of
the
fire
department
of
the
township
into
the
fire
department
of
the
consolidated
city
and
the
requirements
of
this
subsection
are
satisfied.
The
consolidation
shall
take
effect
on
the
date
agreed
to
by
the
township
legislative
body
in
its
resolution
and
by
the
legislative
body
of
the
consolidated
city
in
its
ordinance
approving
the
consolidation.
(h)
(k)
The following apply if the
requirements
of
subsection
(g)
are
satisfied:
fire departments of the entities listed in subsection (a) are
consolidated into the fire department of a consolidated city:
(1)
The
consolidation
of
the
fire
department
of
that
township
is
effective
on
the
date
agreed
to
by
the
township
legislative
body
in
the
resolution
and
by
the
legislative
body
of
the
consolidated
city
in
its
ordinance
approving
the
consolidation.
(2)
(1)
Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective date of
a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the fire
department of a consolidated city under this section;
remains a member of the 1977 fund without being required to meet
the requirements under IC
36-
8-
8-
19 and IC
36-
8-
8-
21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC
36-
8-
8.
(3)
(2)
Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective date of
a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the fire
department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive credit
for any service as a member of the 1937 fund before the consolidation
to determine the firefighter's eligibility for benefits under IC
36-
8-
7.
(4)
(3)
For property taxes first due and payable in the year in which
the consolidation is effective, the maximum permissible ad valorem
property tax levy under IC
6-
1.1-
18.5:
(A) is increased for the consolidated city by an amount equal to
the maximum permissible ad valorem property tax levy in the year
preceding the year in which the consolidation is effective for fire
protection and related services by the
township
entity
whose fire
department is consolidated into the fire department of the
consolidated city under this section; and
(B) is reduced for the
township
entity
whose fire department is
consolidated into the fire department of the consolidated city
under this section by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding the
year in which the consolidation is effective for fire protection and
related services for the
township
entity.
(5)
(4)
The amount levied in the year preceding the year in which
the consolidation is effective by the township whose fire department
is consolidated into the fire department of the consolidated city for
the township's cumulative building and equipment fund for fire
protection and related services is transferred on the effective date of
the consolidation to the consolidated city's cumulative building and
equipment fund for fire protection and related services, which is
hereby established. The consolidated city is exempted from the
requirements of IC
36-
8-
14 and IC
6-
1.1-
41 regarding establishment
of the cumulative building and equipment fund for fire protection
and related services.
(6)
(5)
The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability fund
of the
township
entities listed in subsection (a)
are dissolved, and
their services are terminated not later than the effective date of the
consolidation. The duties performed by the local boards under
IC
36-
8-
7 and IC
36-
8-
8, respectively, are assumed by the
consolidated city's local board for the 1937 firefighters' pension
fund and local board for the 1977 police officers' and firefighters'
pension and disability fund, respectively. Notwithstanding any other
provision, the legislative body of the consolidated city may adopt an
ordinance to adjust the membership of the consolidated city's local
board to reflect the consolidation.
(7)
(6)
The consolidated city may levy property taxes within the
consolidated
city's
maximum
permissible
ad
valorem
property
tax
levy
limit
area served by the consolidated fire department
to
provide for the payment of the expenses for the operation of the
consolidated fire department. However, property taxes to fund the
pension obligation under IC
36-
8-
7 for members of the 1937
firefighters fund who were employees of the consolidated city at the
time of the consolidation may be levied only by the fire special
service district within the fire special service district. The fire
special service district established under IC
36-
3-
1-
6 may levy
property taxes to provide for the payment of expenses for the
operation of the consolidated fire department within
or that
directly benefit
the territory of the
police
fire
special service
district.
Property
taxes
to
fund
the
pension
obligation
under
IC
36-
8-
8
for
members
of
the
1977
police
officers'
and
firefighters
pension
and
disability
fund
who
were
members
of
the
fire
department
of
the
consolidated
city
on
the
effective
date
of
the
consolidation
may
be
levied
only
by
the
fire
special
service
district
within
the
fire
special
service
district.
Property
taxes
to
fund
the
pension
obligation
for
members
of
the
1937
firefighters
fund
who
were
not
members
of
the
fire
department
of
the
consolidated
city
on
the
effective
date
of
the
consolidation
and
members
of
the
1977
police
officers'
and
firefighters
pension
and
disability
fund
who
were
not
members
of
the
fire
department
of
the
consolidated
city
on
the
effective
date
of
the
consolidation
may
be
levied
by
the
consolidated
city
within
the
city's
maximum
permissible
ad
valorem
property
tax
levy.
However,
these
taxes
may
be
levied
only
within
the
fire
special
service
district
and
any
townships
that
have
consolidated
fire
departments
under
this
section.
(8)
The
executive
of
the
consolidated
city
shall
provide
for
an
independent
evaluation
and
performance
audit,
due
before
March
1
of
the
year
in
which
the
consolidation
is
effective
and
for
the
following
two
(2)
years,
to
determine:
(A)
the
amount
of
any
cost
savings,
operational
efficiencies,
or
improved
service
levels;
and
(B)
any
tax
shifts
among
taxpayers;
that
result
from
the
consolidation.
The
independent
evaluation
and
performance
audit
must
be
provided
to
the
legislative
council
in
an
electronic
format
under
IC
5-
14-
6
and
to
the
state
budget
committee.
(l) An advisory commission designated as the "City of
___________
Consolidated Fire Department Advisory Commission"
shall be formed not later than July 1, 2006, to:
(1) provide advice and make recommendations to the chief of
the consolidated department regarding the operation of the
consolidated fire department and the provision of emergency
medical services, including:
(A) the building and closing of fire stations;
(B) the placement of apparatus;
(C) the purchasing of equipment;
(D) the integration of the merit systems;
(E) staffing levels; and
(F) other matters as requested by the chief of the consolidated
fire department.
(2) review and comment on the annual capital budget for the
consolidated fire department; and
(3) conduct public hearings on transition matters prior to the
effective date of a consolidation.
(m) The advisory commission established under subsection (l)
consists of the following members:
(1) The executive of each township located in the county.
(2) One (1) member appointed by the director of public safety
for the
consolidated city.
(3) One (1) member appointed by the legislative body of the
consolidated city.
(4) One (1) member appointed by the local labor union
representing firefighters employed by the consolidated fire
department.
(5) The chief of the consolidated fire department, who shall
serve as chairperson of the advisory commission.
(n) Members of the advisory commission appointed under
subsection (m)(1) shall receive an annual salary for their services as
members of the commission in an amount equal to ten percent
(10%) of the annual salary of the executive of the consolidated city.
Members of the advisory commission appointed under subsection
(m)(2), (m)(3), (m)(4), or (m)(5) are not entitled to any additional
salary for their service. The advisory commission may use the staff
and budget of the consolidated fire department to carry on the
commission's work.
(o) If a vacancy occurs on the advisory commission, the original
appointing authority shall appoint an individual to serve on the
commission for the unexpired term of the member.
(p) Seven (7) members of the commission constitute a quorum.
(q) The advisory commission is abolished after December 31, 2008,
unless the commission is extended by resolution of the legislative
body of the consolidated city. If the legislative body of the
consolidated city extends the term of the advisory commission, the
resolution authorizing the extension must set forth the terms of the
members of the advisory commission.
".
SECTION 5. IC
36-
3-
1-
6.2, AS ADDED BY P.L.227-
2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2006]: Sec.
6.2.
(a)
If a consolidated fire department is
established under section 6.1 of this chapter, the consolidated city,
through the consolidated fire department, shall after the consolidation
establish, operate, and maintain emergency ambulance services (as
defined in IC
16-
18-
2-
107) in
the
fire
special
service
district
and
in
those
townships
in
the county.
that
are
consolidated
under
section
6.1
of
this
chapter.
(b)
This
section
does
not
prohibit
the
providing
of
emergency
ambulance
services
under
an
interlocal
agreement
under
IC
36-
1-
7.
SECTION 6. IC
36-
3-
1-
6.3 IS ADDED TO THE INDIANA CODE
AS A
NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Sec. 6.3. (a) The consolidated fire department may not
provide fire protection services for:
(1) an excluded city; or
(2) a fire protection territory for which an excluded city is a
provider unit (as defined in IC
36-
8-
19-
3);
unless the fire protection services are provided under an interlocal
agreement under IC
36-
1-
7 or the conditions in subsection (b) are
met.
(b) For the consolidated fire department to provide fire protection
services to an excluded city other than under an interlocal
agreement under IC
36-
1-
7, all the following must occur:
(1) The legislative body of the excluded city and the city-
county
legislative body must adopt substantially similar ordinances
authorizing the consolidation of the fire department of the
excluded city into the consolidated fire department.
(2)
The ordinances described in subdivision (1) must:
(A) specify the effective date of the consolidation; and
(B) set forth the conditions of the consolidation.
(c) After the effective date of the consolidation described in
subsection (b), the consolidated fire department shall provide fire
protection services within the territory of the excluded city.
(d) After the effective date of the consolidation described in
subsection (b), all the property, equipment, records, rights, and
contracts of the fire department of the excluded city are transferred
to and assumed by the consolidated city.
(e) After the effective date of the consolidation described in
subsection (b), the employees of the fire department of the excluded
city cease employment with the excluded city and become employees
of the consolidated fire department. These employees are not hired
or rehired for purposes of IC
36-
8-
3.2 or IC
36-
8-
10.5 upon
becoming employees of the consolidated fire department. The
consolidated city shall assume all agreements with labor
organizations that:
(1) are in effect after the effective date of the consolidation
described in subsection (b); and
(2) apply to employees of the fire department of the excluded
city who become employees of the consolidated fire department.
(f) Except as provided in subsection (h), the consolidated city shall
assume, defease, pay, or refund all indebtedness related to fire
protection services incurred before the effective date of the
consolidation described in subsection (b) by:
(1) an excluded city; or
(2) a building, holding, or leasing corporation on behalf of an
excluded city;
whose fire department is consolidated into the consolidated fire
department under subsection (b).
(g) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness described in subsection (f),
the consolidated city is not required to comply with any other
statutory procedures or approvals that apply when a unit incurs
indebtedness.
(h) Notwithstanding subsections (f) and (g), the consolidated city
may not assume all or a part of the indebtedness described in
subsection (f) that will exceed the limitations on the amount of
indebtedness that the consolidated city may incur.
(i) The rights of the trustee and the bondholders with respect to
any:
(1) indebtedness or bonds; or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking described
in subsection (f);
remain the same, although the powers, duties, agreements, and
liabilities of the departments listed in subsection (a) have been
transferred to the consolidated city, and the consolidated city shall
be considered to have assumed all those powers, duties, agreements,
and liabilities.
(j) Whenever an excluded city consolidates its fire department into
the consolidated fire department under subsection (b), the local
boards for the 1937 firefighters' pension fund and the 1977 police
officers' and firefighters' pension and disability fund of the excluded
city are dissolved, and their services are terminated not later than
the effective date of the consolidation. The duties performed by the
local boards under IC
36-
8-
7 and IC
36-
8-
8, respectively, are
assumed by the consolidated city's local board for the 1937
firefighters' pension fund and local board for the 1977 police
officers' and firefighters' pension and disability fund, respectively.
(k) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b), the merit
board and merit system of the excluded city's fire department are
dissolved, and the duties of the excluded city's merit board are
transferred to and assumed by the merit board for the consolidated
fire department.
(l) Whenever an excluded city consolidates its fire department into
the consolidated fire department under subsection (b), for property
taxes first due and payable in the calendar year following the
effective date of the consolidation, the maximum permissible ad
valorem property tax levy under IC
6-
1.1-
18.5:
(1) is increased for a consolidated city by the amount levied in
the prior calendar year for fire protection and related services
by the excluded city; and
(2) is reduced for the excluded city by the amount levied in the
prior calendar year for fire protection and related services by
the excluded city.
(m) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b), for
property taxes first due and payable in the calendar year following
the effective date of the consolidation, the amount levied under IC
6-
1.1-
41 and IC
36-
8-
14 in the prior calendar year by the excluded city
for its cumulative building and equipment fund for firefighting and
related services is transferred to the consolidated city's cumulative
building and equipment fund for firefighting and related services,
and the consolidated city is exempted from the requirements of IC
6-
1.1-
41 and IC
36-
8-
14 regarding an increase to the levy for its
cumulative building and equipment fund for firefighting and related
services.
(n) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b),
commencing with the calendar year following consolidation and for
each year thereafter, the excluded city's monthly distributive share
of county option income tax revenues distributed under IC
6-
3.5-
6-
18.5 shall be reduced by a percentage set forth in the ordinances
adopted under subsection (b), and those revenues shall instead be
distributed as additional distributive shares to Indianapolis/Marion
County.
(o) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b), the
excluded city shall appoint one (1) representative to the fire
department advisory commission established under IC
36-
3-
1-
6.1,
if such advisory commission is still in existence, and the legislative
body of the consolidated city shall adjust the quorum requirements
for the advisory commission accordingly.
Page 24, between lines 21 and 22, begin a new paragraph and insert:
SECTION 7. IC
36-
3-
6-
4.1 IS ADDED TO INDIANA CODE AS A
NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JANUARY
1, 2007]:
Sec. 4.1. Notwithstanding IC
36-
8-
7, the city-
county
legislative body shall adopt an ordinance under section 7 of this
chapter to levy a tax only within the fire special service district in
the amount and at the rate necessary to produce sufficient revenue
to pay the amounts required to satisfy the consolidated city's 1937
firefighters' pension fund obligations under IC
36-
8-
7-
14.
".
Page 24, delete lines 30 through 42, begin a new paragraph and insert:
"SECTION 8. IC
36-
3-
7-
7 IS ADDED TO THE INDIANA CODE AS
A
NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE UPON
PASSAGE]:
Sec. 7. (a) Notwithstanding any other law, the
consolidated city may issue obligations to refund obligations issued
before the effective date of a consolidation under IC
36-
3-
1-
6.1, in
the name of:
(1) a township;
(2) an airport authority;
(3) a fire protection territory; or
(4) a building, holding, or leasing corporation on behalf of a
township, an airport authority, or a fire protection territory;
to satisfy the requirements of IC
36-
3-
1-
6.1(f), IC
36-
3-
1-
6.1(g), and
IC
36-
3-
1-
6.1(h).
(b) Notwithstanding any other law, the consolidated city may
issue obligations to refund obligations issued before the effective
date of a consolidation described in IC
36-
3-
1-
6.3(b) by:
(1) an excluded city; or
(2) a building, holding, or leasing corporation on behalf of an
excluded city;
to satisfy the requirements of IC
36-
3-
1-
6.3(f), IC
36-
3-
1-
6.3(g), and
IC
36-
3-
1-
6.3(h).
".
Delete pages 25 through 28.
Page 29, delete lines 1 through 39.
Page 31, delete lines 18 through 24.
Page 3
2
, between lines
17
and
18
, begin a new paragraph and insert:
"SECTION 9. IC
36-
6-
4-
8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2007]: Sec. 8. (a) The executive may use
the township's share of state, county, and township tax revenues and
federal revenue sharing funds for all categories of community services,
if these funds are appropriated for these services by the township
legislative body. The executive may use these funds for both operating
and capital expenditures.
(b) With the consent of the township legislative body, the executive
may contract with corporations for health and community services not
specifically provided by another governmental entity.
(c)
Except in a township located in a county having a consolidated
city,
the executive may contract with a private person to provide regular
or emergency ambulance service within the township. The contract may
provide for the imposition and collection of fees for this service.
(d)
Except in a township located in a county having a
consolidated city,
the township legislative body may adopt a resolution
to provide for the imposition and collection of fees for ambulance
services provided by the township police or fire department.
Page 32, between lines 40 and 41, begin a new paragraph and insert:
SECTION 10. IC
36-
8-
8-
1, AS AMENDED BY P.L.227-
2005,
SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2007]: Sec. 1. This chapter applies to:
(1) full-
time police officers hired or rehired after April 30, 1977,
in all municipalities, or who converted their benefits under IC
19-
1-
17.8-
7 (repealed September 1, 1981);
(2) full-
time fully paid firefighters hired or rehired after April 30,
1977, or who converted their benefits under IC
19-
1-
36.5-
7
(repealed September 1, 1981);
(3) a police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second
or third class city on March 31, 1996;
(4) a park ranger who:
(A) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(B) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(C) is employed by the parks department of a city having a
population of more than one hundred twenty thousand
(120,000) but less than one hundred fifty thousand (150,000);
(5) a full-
time fully paid firefighter who is covered by this chapter
before the effective date of consolidation and becomes a member
of the fire department of a consolidated city under IC
36-
3-
1-
6.1
or
IC
36-
3-
1-
6.3;
provided
that
however,
the firefighter's service as
a member of the fire department of a consolidated city is
considered active service under this chapter;
(6) except as otherwise provided, a full-
time fully paid firefighter
who is hired or rehired after the effective date of the consolidation
by a consolidated fire department established under IC
36-
3-
1-
6.1;
(7) a full-
time police officer who is covered by this chapter before
the effective date of consolidation and becomes a member of the
consolidated law enforcement department as part of the
consolidation under IC
36-
3-
1-
5.1, provided that the officer's
service as a member of the consolidated law enforcement
department is considered active service under this chapter; and
(8) except as otherwise provided, a full-
time police officer who is
hired or rehired after the effective date of the consolidation by a
consolidated law enforcement department established under IC
36-
3-
1-
5.1;
except as provided by section 7 of this chapter.
SECTION 11. IC
36-
8-
8-
2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JANUARY 1, 2007]: Sec. 2.1. (a) As used in
this chapter, "local board" means the following:
(1) For a unit that established a 1925 fund for its police officers,
the local board described in IC
36-
8-
6-
2.
(2)
Except as provided in subdivision (3),
for a unit that
established a 1937 fund for its firefighters, the local board
described in IC
36-
8-
7-
3.
(3) For a unit that established a 1937 fund for its firefighters
and consolidates its fire department into the fire department of
a consolidated city under IC
36-
3-
1-
6.1 or IC
36-
3-
1-
6.3:
(A) before the date the consolidation is effective, the local
board described in IC
36-
8-
7-
3; and
(B) on and after the date the consolidation is effective, the
local board of the consolidated city established under IC
36-
8-
7-
3.
(3)
(4)
For a consolidated city that established a 1953 fund for its
police officers, the local board described in IC
36-
8-
7.5-
2.
(4)
(5)
For a unit, other than a consolidated city, that did not
establish a 1925 fund for its police officers or a 1937 fund for its
firefighters, the local board described in subsection (b) or (c).
(b) If a unit did not establish a 1925 fund for its police officers, a
local board shall be composed in the same manner described in IC
36-
8-
6-
2(b). However, if there is not a retired member of the department, no
one shall be appointed to that position until such time as there is a retired
member.
(c)
Except as provided in subsection (d),
if a unit did not establish
a 1937 fund for its firefighters, a local board shall be composed in the
same manner described in IC
36-
8-
7-
3(b). However, if there is not a
retired member of the department, no one shall be appointed to that
position until such time as there is a retired member.
(d) If a unit located in a county containing a consolidated city did
not establish a 1937 fund for its firefighters and consolidates its fire
department into the fire department of the consolidated city under
IC
36-
3-
1-
6.1 or IC
36-
3-
1-
6.3, the local board is:
(1) before the effective date of the consolidation, the local board
described in IC
36-
8-
7-
3; and
(2) on and after the effective date of the consolidation, the local
board of the consolidated city established under IC
36-
8-
7-
3.
SECTION 12. IC
36-
8-
8-
7, AS AMENDED BY P.L.227-
2005,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JANUARY 1, 2007]: Sec. 7. (a) Except as provided in subsections (d),
(e), (f), (g), (h), (k), (l),
and
(m):
and
(n):
(1) a police officer; or
(2) a firefighter;
who is less than thirty-
six (36) years of age and who passes the baseline
statewide physical and mental examinations required under section 19
of this chapter shall be a member of the 1977 fund and is not a member
of the 1925 fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977,
who is hired or rehired after April 30, 1977, may receive credit under
this chapter for service as a police officer or firefighter prior to entry into
the 1977 fund if the employer who rehires the police officer or
firefighter chooses to contribute to the 1977 fund the amount necessary
to amortize the police officer's or firefighter's prior service liability over
a period of not more than forty (40) years, the amount and the period to
be determined by the PERF board. If the employer chooses to make the
contributions, the police officer or firefighter is entitled to receive credit
for the police officer's or firefighter's prior years of service without
making contributions to the 1977 fund for that prior service. In no event
may a police officer or firefighter receive credit for prior years of service
if the police officer or firefighter is receiving a benefit or is entitled to
receive a benefit in the future from any other public pension plan with
respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer
or firefighter is entitled to credit for all years of service after April 30,
1977, with the police or fire department of an employer covered by this
chapter.
(d) A police officer or firefighter with twenty (20) years of service
does not become a member of the 1977 fund and is not covered by this
chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC
19-
1-
17.8-
7 or IC
19-
1-
36.5-
7 (both
of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC
19-
1-
17.8-
7 or IC
19-
1-
36.5-
7 (both
of which were repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1925, 1937,
or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC
19-
1-
17.8-
7 or IC
19-
1-
36.5-
7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December 31,
1981, a member of a 1925, 1937, or 1953 fund of the other unit.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit for
all the police officer's or firefighter's years of service, including years
before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in IC
16-
18-
2-
110 and IC
16-
18-
2-
112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;