Citations Affected: IC 5-2; IC 5-10; IC 5-22; IC 6-1.1; IC 6-3.5;
IC 36-1; IC 36-3; IC 36-6; IC 36-8; noncode.
January 8, 2008, read first time and referred to Committee on Veterans Affairs and Public
Safety.
January 22, 2008, amended, reported _ Do Pass.
January 29, 2008, read second time, amended, ordered engrossed.
January 30, 2008, engrossed. Read third time, passed. Yeas 89, nays 1.
enforcement officer who has at least 25 years experience as a law enforcement officer is not required to repeat the full basic training course but is required to attend a refresher course and a pre-basic training course to regain law enforcement powers. Provides that a governmental body may transfer property to the board of fire trustees of a fire protection district or the provider unit of a fire protection territory under the same circumstances that property may be transferred to a volunteer fire department. Provides that a participating unit in a fire protection territory may transfer any money belonging to the participating unit to the fire protection territory fund, the fire protection territory equipment replacement fund, or both funds. Legalizes any transfer of money from a participating unit to a fire protection territory before July 1, 2008. Provides that when a fire protection territory dissolves, title to any real property transferred to the provider unit reverts to the participating unit that transferred the real property to the provider unit.Provides that on January 1, 2009, the fire departments of all of the following are consolidated into the fire department of the consolidated city: (1) The townships in the county containing the consolidated city. (2) A fire protection territory in the county containing the consolidated city. Provides that after December 31, 2008, the consolidated fire department provides fire protection services throughout the county with the exception of the excluded cities. Provides that the consolidation of fire departments results in the transfer of property, equipment, records, rights, contracts (including labor contracts), and indebtedness. Provides that a firefighter who is a member of the 1937 or 1977 fund remains a member of the same fund after the consolidation. Requires the consolidated fire department to develop a strategic plan to determine resource requirements and resource deployments for the consolidated fire department. Requires the mayor of the consolidated city to establish a professional standards board with responsibility after December 31, 2008, for establishing, validating, and maintaining emergency responder certification and credentialing requirements and procedures. Provides that the requirements and procedures must be in accordance with the National Incident Management System and appropriate national professional standards and certification organizations and boards. Specifies that a subcommittee of the professional standards board, under the direction of a board-certified emergency physician, is responsible for certification and credentialing of emergency medical responders. Exempts from the property tax levy limits any amounts imposed by the consolidated city or the county to fund former township indebtedness. Establishes a maximum property tax levy for the consolidated city for property taxes payable in 2009, 2010, and 2011 that is the sum of the city's 2009 maximum levy plus the combined amounts levied in 2008 by the townships, fire protection territory, and included towns for firefighting. Adjusts the county option income tax distributive shares of the townships and the consolidated city and county. Specifies that the balance in the cumulative building and equipment fund for fire protection and related services of each entity whose fire department is consolidated into the fire department of the consolidated city be transferred to the consolidated city's cumulative building and equipment fund for fire protection and related services.
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
county, and state law enforcement officer, police reserve officer,
and conservation reserve officer training schools.
(4) Minimum standards for a course of study on cultural diversity
awareness that must be required for each person accepted for
training at a law enforcement training school or academy.
(5) Minimum qualifications for instructors at approved law
enforcement training schools.
(6) Minimum basic training requirements which law enforcement
officers appointed to probationary terms shall complete before
being eligible for continued or permanent employment.
(7) Minimum basic training requirements which law enforcement
officers appointed on other than a permanent basis shall complete
in order to be eligible for continued employment or permanent
appointment.
(8) Minimum basic training requirements which law enforcement
officers appointed on a permanent basis shall complete in order
to be eligible for continued employment.
(9) Minimum basic training requirements for each person
accepted for training at a law enforcement training school or
academy that include six (6) hours of training in interacting with
persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by
persons approved by the secretary of family and social services
and the board.
(10) Minimum standards for a course of study on human and
sexual trafficking that must be required for each person accepted
for training at a law enforcement training school or academy and
for inservice training programs for law enforcement officers. The
course must cover the following topics:
(A) Examination of the human and sexual trafficking laws
(IC 35-42-3.5).
(B) Identification of human and sexual trafficking.
(C) Communicating with traumatized persons.
(D) Therapeutically appropriate investigative techniques.
(E) Collaboration with federal law enforcement officials.
(F) Rights of and protections afforded to victims.
(G) Providing documentation that satisfies the Declaration of
Law Enforcement Officer for Victim of Trafficking in Persons
(Form I-914, Supplement B) requirements established under
federal law.
(H) The availability of community resources to assist human
and sexual trafficking victims.
subsection (d) for one (1) year after the date the law enforcement
officer is appointed.
(f) The board shall adopt rules under IC 4-22-2 to establish a
pre-basic course for the purpose of training:
(1) law enforcement officers;
(2) police reserve officers (as described in IC 36-8-3-20); and
(3) conservation reserve officers (as described in IC 14-9-8-27);
regarding the subjects of arrest, search and seizure, the lawful use of
force, and the operation of an emergency vehicle. The pre-basic course
must be offered on a periodic basis throughout the year at regional sites
statewide. The pre-basic course must consist of at least forty (40) hours
of course work. The board may prepare the classroom part of the
pre-basic course using available technology in conjunction with live
instruction. The board shall provide the course material, the instructors,
and the facilities at the regional sites throughout the state that are used
for the pre-basic course. In addition, the board may certify pre-basic
courses that may be conducted by other public or private training
entities, including postsecondary educational institutions.
(g) The board shall adopt rules under IC 4-22-2 to establish a
mandatory inservice training program for police officers. After June 30,
1993, a law enforcement officer who has satisfactorily completed basic
training and has been appointed to a law enforcement department or
agency on either a full-time or part-time basis is not eligible for
continued employment unless the officer satisfactorily completes the
mandatory inservice training requirements established by rules adopted
by the board. Inservice training must include training in interacting
with persons with mental illness, addictive disorders, mental
retardation, and developmental disabilities, to be provided by persons
approved by the secretary of family and social services and the board,
and training concerning human and sexual trafficking. The board may
approve courses offered by other public or private training entities,
including postsecondary educational institutions, as necessary in order
to ensure the availability of an adequate number of inservice training
programs. The board may waive an officer's inservice training
requirements if the board determines that the officer's reason for
lacking the required amount of inservice training hours is due to either
of the following:
(1) An emergency situation.
(2) The unavailability of courses.
(h) The board shall also adopt rules establishing a town marshal
basic training program, subject to the following:
(1) The program must require fewer hours of instruction and class
attendance and fewer courses of study than are required for the
mandated basic training program.
(2) Certain parts of the course materials may be studied by a
candidate at the candidate's home in order to fulfill requirements
of the program.
(3) Law enforcement officers successfully completing the
requirements of the program are eligible for appointment only in
towns employing the town marshal system (IC 36-5-7) and having
not more than one (1) marshal and two (2) deputies.
(4) The limitation imposed by subdivision (3) does not apply to an
officer who has successfully completed the mandated basic
training program.
(5) The time limitations imposed by subsections (b) and (c) for
completing the training are also applicable to the town marshal
basic training program.
(i) The board shall adopt rules under IC 4-22-2 to establish an
executive training program. The executive training program must
include training in the following areas:
(1) Liability.
(2) Media relations.
(3) Accounting and administration.
(4) Discipline.
(5) Department policy making.
(6) Lawful use of force.
(7) Department programs.
(8) Emergency vehicle operation.
(9) Cultural diversity.
(j) A police chief shall apply for admission to the executive training
program within two (2) months of the date the police chief initially
takes office. A police chief must successfully complete the executive
training program within six (6) months of the date the police chief
initially takes office. However, if space in the executive training
program is not available at a time that will allow completion of the
executive training program within six (6) months of the date the police
chief initially takes office, the police chief must successfully complete
the next available executive training program that is offered after the
police chief initially takes office.
(k) A police chief who fails to comply with subsection (j) may not
continue to serve as the police chief until completion of the executive
training program. For the purposes of this subsection and subsection
(j), "police chief" refers to:
(1) the police chief of any city;
(n)(1);
is not eligible to attend the refresher course described in subsection (n)
and must repeat the full basic training course to regain law enforcement
powers. However, a law enforcement officer who worked as a law
enforcement officer for at least twenty-five (25) years before being
hired under subsection (n)(1), and who otherwise satisfies the
requirement of subsection (n), is not required to repeat the full
basic training course to regain law enforcement power but shall
attend the refresher course described in subsection (n) and the
pre-basic training course established under subsection (f).
(q) This subsection applies only to a gaming agent employed as a
law enforcement officer by the Indiana gaming commission. A gaming
agent appointed after June 30, 2005, may exercise the police powers
described in subsection (d) if:
(1) the agent successfully completes the pre-basic course
established in subsection (f); and
(2) the agent successfully completes any other training courses
established by the Indiana gaming commission in conjunction
with the board.
(r) This subsection applies only to a securities enforcement officer
designated as a law enforcement officer by the securities
commissioner. A securities enforcement officer may exercise the police
powers described in subsection (d) if:
(1) the securities enforcement officer successfully completes the
pre-basic course established in subsection (f); and
(2) the securities enforcement officer successfully completes any
other training courses established by the securities commissioner
in conjunction with the board.
are subject to section 2.5 of this chapter.
(b) The annual retirement allowance of a participant, payable in
equal monthly installments beginning on the participant's normal
retirement date, shall be a percentage of the participant's average
annual salary, such percentage to be twenty-five percent (25%)
increased by one and two-thirds percent (1 2/3%) of the participant's
average annual salary for each completed year of creditable service
more than ten (10) years. However, the annual retirement allowance
computed under this subsection may not exceed seventy-five
percent (75%) of the participant's average annual salary.
(c) The annual retirement allowance shall cease with the last
monthly payment prior to the death of the participant.
under section 9 of this chapter.
(5) The participant may make an election to enter the DROP
only once in the participant's lifetime.
(f) Contributions or payments provided by the general assembly
under section 4(b)(4) of this chapter continue for a participant
while the participant is in the DROP.
(g) A participant shall exit the DROP on the earliest of the
following:
(1) The participant's DROP retirement date.
(2) Thirty-six (36) months after the participant's DROP entry
date.
(3) The participant's mandatory retirement age.
(4) The date the participant retires because of a disability as
provided by subsection (k).
(h) A participant who retires on the participant's DROP
retirement date or on the date the participant retires because of a
disability as provided by subsection (k) may elect to receive an
annual retirement allowance:
(1) computed under section 10 of this chapter as if the
participant had never entered the DROP; or
(2) consisting of:
(A) the DROP frozen benefit; plus
(B) an additional amount, paid as the participant elects
under subsection (i), determined by multiplying:
(i) the DROP frozen benefit; by
(ii) the number of months the participant was in the
DROP.
(i) The participant shall elect, at the participant's retirement, to
receive the additional amount calculated under subsection (h)(2)(B)
in one (1) of the following ways:
(1) A lump sum paid on:
(A) the participant's DROP retirement date; or
(B) the date the participant retires because of a disability
as provided by subsection (k).
(2) Three (3) equal annual payments:
(A) commencing on:
(i) the participant's DROP retirement date; or
(ii) the date the participant retires because of a disability
as provided by subsection (k); and
(B) thereafter paid on:
(i) the anniversary of the participant's DROP retirement
date; or
the DROP.
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.
(4) Subject to subdivision (5), this subdivision applies in any
month in which a consolidation under IC 36-3-1-6 is in effect
after 2009. For each month to which this subdivision applies,
calculate the total amount of revenues that are to be
distributed as distributive shares during that month as follows:
STEP ONE: Determine the total amount of revenues that
were distributed as distributive shares during that month in
2009.
STEP TWO: Determine the total amount of revenue that the
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 (2).
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 (2).
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 (2). 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.
(5) This subdivision applies to Washington and Warren
Townships. Notwithstanding subdivisions (1) and (3) and
subdivisions (2) and (4), a township that entered into an
agreement to consolidate its fire services with the city of
Indianapolis before January 1, 2008, shall receive the
distributive share for a month determined under the
agreement for the term that the agreement governs the
distribution of distributive shares. The amount by which the
distributive share made to a township under the agreement
exceeds the amount that the township would receive under
subdivisions (1) and (3) or subdivisions (2) and (4) reduces
the distributive share that would otherwise be distributed to
Indianapolis/Marion County.
legislative body and mayor of the located in the county
containing the consolidated city, regardless of whether the fire
department is operated by the township or by another political
subdivision.
(2) The fire department of any fire protection territory established
under IC 36-8-19 that is located in a township described in
subdivision (1).
(b) If the requirements of subsection (g) are satisfied, After
December 31, 2008, 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 on the
date agreed to in the resolution of the township legislative body and the
ordinance of the legislative body of the consolidated city. the county
(excluding any excluded city).
(c) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, Except as provided in
subsection (n), all of the property, equipment, records, rights, and
contracts of the each department 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 and shall be used by the consolidated city for funding land,
buildings, and equipment for fire protection and emergency
medical services as provided under IC 36-8-14.
(d) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, The employees of the a fire
department listed in subsection (a) that is 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) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the indebtedness All
indebtedness, liabilities, claims, and obligations related to fire
protection services incurred before the effective date of the
consolidation by the an entity whose fire department is consolidated
into the consolidated fire department under subsection (a), or 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.
(f) Notwithstanding any other law, to assume, defease, pay, or
refund all or part of an indebtedness described in subsection (e),
the consolidated city is not required to comply with any other
statutory procedures or approvals that apply when a unit incurs
indebtedness.
(g) Notwithstanding subsections (e) and (f), the consolidated city
may not assume all or a part of an indebtedness described in
subsection (e) that will exceed the limitations on the amount of
indebtedness that the consolidated city may incur. Notwithstanding
subsection (e), the consolidation of an entity's fire department
under subsection (a) does not affect any cause of action pending
before July 1, 2008, by or against:
(1) an entity whose fire department is consolidated under
subsection (a); or
(2) a building, holding, or leasing corporation on behalf of an
entity;
and shall continue by or against the entities listed in subdivisions
(1) and (2) as if the consolidation had not taken place.
(h) The rights of trustees and bondholders with respect to any:
(1) bonds or other indebtedness described in subsection (e); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (e);
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 those powers, duties,
agreements, and liabilities.
(f) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, (i) The merit board and the merit
system of the each fire department that is consolidated into the fire
department of the consolidated city are dissolved on the effective
date of the consolidation, and the duties of the merit board 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 and the legislative body of the
consolidated city adopts 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, 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) (j) The following apply if the requirements of subsection (g) are
satisfied: after a fire department listed in subsection (a) is
consolidated into the fire department of the 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 first
calendar year in which property taxes are first due and payable
based on the consolidation, is effective, the maximum permissible
ad valorem property tax levy under IC 6-1.1-18.5 for:
(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 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.
is determined under IC 6-1.1-18.5-22.
(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 balance in the township's cumulative building
and equipment fund for fire protection and related services of a
township whose fire department is consolidated into the fire
department of the consolidated city 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. as provided in
subsection (c).
(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 an entity whose fire department is
consolidated into the fire department of the consolidated 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.
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 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 before
March 1 in each of 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.
(k) For a township that consolidated its fire department into the
fire department of the consolidated city before July 1, 2008, this
section and IC 6-3.5-6-18.5 apply to the consolidation to the extent
this section and IC 6-3.5-6-18.5 do not conflict with:
(1) the consolidation ordinances adopted by the consolidated
city and the township; or
(2) any consolidation agreement between the consolidated city
and the township.
(l) Before January 1, 2009, the consolidated fire department shall
develop a strategic plan to determine resource requirements and
resource deployments for the consolidated fire department. The
consolidated fire department shall determine the resource
requirements and resource deployments based on the risk
assessment models promulgated by the Center for Public Safety
Excellence, Inc., or a successor entity. The consolidated fire
department must:
(1) update the strategic plan at least once every three (3) years;
and
(2) annually report to the legislative body of the consolidated
city concerning the implementation of the strategic plan.
emergency responder certification and credentialing requirements
and procedures. The emergency responder certification and
credentialing requirements and procedures must be in accordance
with the National Incident Management System and appropriate
national professional standards and certification organizations and
boards.
(b) The professional standards board shall before January 1,
2009, establish the following for each emergency responder
position within the consolidated fire department:
(1) Minimum initial certification and credentialing
requirements.
(2) Experience and competency requirements.
(3) Continuing education requirements.
(4) Performance criteria.
(5) Recertification requirements.
(c) After December 31, 2008, a subcommittee of the professional
standards board, under the direction of a board certified
emergency physician, is responsible for certification and
credentialing of emergency medical responders.
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:
(A) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(B) on and after the effective date of the consolidation, 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, 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.
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;
JULY 1, 2008]: Sec. 8. (a) Upon the adoption of identical ordinances
or resolutions, or both, by the participating units under section 6 of this
chapter, the designated provider unit must establish a fire protection
territory fund from which all expenses of operating and maintaining the
fire protection services within the territory, including repairs, fees,
salaries, depreciation on all depreciable assets, rents, supplies,
contingencies, and all other expenses lawfully incurred within the
territory shall be paid. The purposes described in this subsection are the
sole purposes of the fund, and money in the fund may not be used for
any other expenses. Except as allowed in subsections (d) and (e) and
section 8.5 of this chapter, the provider unit is not authorized to transfer
money out of the fund at any time.
(b) The fund consists of the following:
(1) All receipts from the tax imposed under this section.
(2) Any money transferred to the fund by the provider unit as
authorized under subsection (d).
(3) Any receipts from a false alarm fee or service charge imposed
by the participating units under IC 36-8-13-4.
(4) Any money transferred to the fund by a participating unit
under section 8.6 of this chapter.
(c) The provider unit, with the assistance of each of the other
participating units, shall annually budget the necessary money to meet
the expenses of operation and maintenance of the fire protection
services within the territory, plus a reasonable operating balance, not
to exceed twenty percent (20%) of the budgeted expenses. After
estimating expenses and receipts of money, the provider unit shall
establish the tax levy required to fund the estimated budget. The
amount budgeted under this subsection shall be considered a part of
each of the participating unit's budget.
(d) If the amount levied in a particular year is insufficient to cover
the costs incurred in providing fire protection services within the
territory, the provider unit may transfer from available sources to the
fire protection territory fund the money needed to cover those costs. In
this case:
(1) the levy in the following year shall be increased by the amount
required to be transferred; and
(2) the provider unit is entitled to transfer the amount described in
subdivision (1) from the fund as reimbursement to the provider
unit.
(e) If the amount levied in a particular year exceeds the amount
necessary to cover the costs incurred in providing fire protection
services within the territory, the levy in the following year shall be
reduced by the amount of surplus money that is not transferred to the
equipment replacement fund established under section 8.5 of this
chapter. The amount that may be transferred to the equipment
replacement fund may not exceed five percent (5%) of the levy for that
fund for that year. Each participating unit must agree to the amount to
be transferred by adopting an ordinance (if the unit is a county or
municipality) or a resolution (if the unit is a township) that specifies an
identical amount to be transferred.
(f) The tax under this section is not subject to the tax levy limitations
imposed on civil taxing units under IC 6-1.1-18.5 for any unit that is a
participating unit in a fire protection territory that was established
before August 1, 2001.
(g) This subsection applies to a participating unit in a fire protection
territory established under IC 36-8-19 after July 31, 2001. For purposes
of calculating a participating unit's maximum permissible ad valorem
property tax levy for the three (3) calendar years in which the
participating unit levies a tax to support the territory, the unit's
maximum permissible ad valorem property tax levy for the preceding
calendar year under IC 6-1.1-18.5-3(a) STEP ONE or
IC 6-1.1-18.5-3(b) STEP ONE is increased each year by an amount
equal to the difference between the:
(1) amount the unit will have to levy for the ensuing calendar year
in order to fund the unit's share of the fire protection territory
budget for the operating costs as provided in the ordinance or
resolution making the unit a participating unit in the fire protection
territory; and
(2) unit's levy for fire protection services for the calendar year that
immediately precedes the ensuing calendar year in which the
participating unit levies a tax to support the territory.
within and across a county having a consolidated city.
(5) The provision of local governmental services by multiple
governmental entities with overlapping territories, and by
governmental entities with contiguous territories with less
meaningful boundaries, results in disparate levels of local
governmental services within a county having a consolidated
city and results in the inefficient and poor use of taxpayer
dollars.
(6) As the state capital and a center for professional sporting
events, tourism, and culture in central Indiana, the
consolidated city faces unique demands for protecting
governmental property and securing the safety of large
numbers of residents and visitors, which require innovative
approaches to public safety resources.
(7) Substantial operational efficiencies, reduction of
administrative costs, and economies of scale may be obtained
in a consolidated city through consolidation of city and
township fire protection and related services and operations.
(8) Consolidation of city and township fire protection and
related services and operations in the consolidated city will
serve the public purpose by allowing the consolidated city to:
(A) eliminate duplicative services;
(B) provide better coordinated and more uniform delivery of
fire protection and related services;
(C) provide more unified tax rates; and
(D) allow fire protection and related services to be provided
more efficiently and at a lower cost than without
consolidation.
(9) Efficient and fiscally responsible operation of local
government benefits the health and welfare of the citizens of a
consolidated city and is of public utility and benefit.
(10) The public purpose of this act is to provide a consolidated
city with the means to provide fire protection and related
services for its citizens in an effective, efficient, and fiscally
responsible manner.