HB 1114-1_ Filed 01/24/2008, 06:45
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
10
NO:
0
MR. SPEAKER:
Your Committee on Local Government , to which was referred House Bill 1114 ,
has had the same under consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
SOURCE: Page 1, line 1; (08)AM111403.1. -->
Page 1, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 36-8-4-2; (08)AM111403.1. -->
"SECTION 1. IC 36-8-4-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2. (a)
Except as
provided in subsections (c) and (d), Members of the police and fire
departments must reside in Indiana
in one (1) of the following areas:
within:
(1)
Within the county in which the city
town, or township is
located; or
(2)
In a county that is contiguous to the county in which the city
town, or township is located.
(b) In a consolidated city, a member who was residing outside the
county on January 1, 1975, is exempt from subsection (a).
(c) A
municipality city with a population of less than seven
thousand five hundred (7,500) may adopt an ordinance that requires a
member of the municipality's city's police or fire department to comply
with the following:
(1) Reside within the county in which the municipality city is
located.
(2) Have adequate means of transportation into the municipality.
city.
(3) Maintain in the member's residence telephone service with the
municipality. city.
(d) This subsection applies to a municipality city that:
(1) has a population of less than seven thousand five hundred
(7,500); and
(2) adopted an ordinance to establish the requirements described
in this subsection before September 1, 1984.
A municipality city may require, in addition to the requirements of
subsection (c), that a member of the police or fire department reside
within the municipality city until the member has served in the
department for five (5) years.
(e) An ordinance adopted under subsection (c) or described in
subsection (d)(2) may not require a member of a municipality's city's
police or fire department to reside within the county in which the
municipality city is located if the member resides outside the county on
the date the ordinance is adopted.
SOURCE: IC 36-8-4.5; (08)AM111403.2. -->
SECTION 2. IC 36-8-4.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter 4.5. Town Police and Fire Employment Policies
Sec. 1. This chapter applies to the following:
(1) A member of a town police department under IC 36-5-7 or
IC 36-8-9.
(2) A member of a town fire department.
Sec. 2. A member of a town police or fire department must
reside in Indiana within:
(1) the county in which the town is located; or
(2) a county that is contiguous to the county in which the town
is located.
Sec. 3. A town with a population of less than seven thousand five
hundred (7,500) may adopt an ordinance that requires a member
of the town police or fire department to satisfy all of the following:
(1) Reside within:
(A) the county in which the town is located; or
(B) a distance from the town stated in the ordinance.
(2) Have adequate means of transportation into the town.
(3) Maintain in the member's residence telephone service with
the town.
Sec. 4. This section applies to a town that:
(1) has a population of less than seven thousand five hundred
(7,500); and
(2) adopted an ordinance to establish the requirements
described in this section before September 1, 1984.
A town may require, in addition to the requirements of section 3 of
this chapter, that a member of the police or fire department reside
within the town until the member has served in the department for
five (5) years.
Sec. 5. An ordinance adopted under section 3 or 4 of this chapter
may not require a member of a town police or fire department to
comply with section 3(1) of this chapter if the member resides:
(1) outside the county; or
(2) a distance outside the town greater than stated in the
ordinance;
on the date the ordinance is adopted.
Sec. 6. Notwithstanding any other law, a member appointed to
a town police department under IC 36-5-7 or IC 36-8-9 before July
1, 2008, may not be required to reside within:
(1) the county in which the town is located; or
(2) a county that is contiguous to the county in which the town
is located;
if the member resided within a county that is noncontiguous to the
county in which the town is located on July 1, 2008.".
SOURCE: Page 2, line 1; (08)AM111403.2. -->
Page 2, delete lines 1 through 16.
Page 3, delete lines 4 through 22, begin a new paragraph and insert:
SOURCE: IC 36-8-13-10; (08)AM111403.4. -->
"SECTION 4. IC 36-8-13-10 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Sec. 10. (a) A member of a township fire department must
reside in Indiana within:
(1) the county in which the township is located; or
(2) a county that is contiguous to the county in which the
township is located.
(b) A township with a population of less than seven thousand
five hundred (7,500) may adopt a resolution that requires a
member of the township fire department to satisfy all of the
following:
(1) Reside within:
(A) the county in which the township is located; or
(B) a distance from the township stated in the resolution.
(2) Have adequate means of transportation into the township.
(3) Maintain in the member's residence telephone service with
the township.
(c) This subsection applies to a township that:
(1) has a population of less than seven thousand five hundred
(7,500); and
(2) adopted a resolution to establish the requirements
described in this subsection before September 1, 1984.
A township may require, in addition to the requirements of
subsection (b), that a member of the fire department reside within
the township until the member has served in the department for
five (5) years.
(d) A resolution adopted under subsection (b) or (c) may not
require a member of a township fire department to comply with
subsection (b)(1) if the member resides:
(1) outside the county; or
(2) a distance outside the township greater than stated in the
resolution;
on the date the resolution is adopted.".
Renumber all SECTIONS consecutively.
(Reference is to HB 1114 as introduced.)
and when so amended that said bill do pass.
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AM111403/DI 75 2008