Introduced Version






HOUSE BILL No. 1211

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-8-19.

Synopsis: Fire protection territory public question. Provides for a public question to be voted on concerning whether a fire protection territory that meets certain conditions should be dissolved. Provides that the public question applies to a fire protection territory: (1) that was established after December 31, 2007; (2) that consists of the territory of a municipality and some or all of the township in which the municipality is located; and (3) in which one or more employees of the municipality are members of the legislative body of a participating unit in the fire protection territory.

Effective: Upon passage.





Cherry, Welch, Ruppel, Saunders




    January 7, 2010, read first time and referred to Committee on Ways and Means.







Introduced

Second Regular Session 116th General Assembly (2010)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1211



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-8-19-14.5; (10)IN1211.1.1. -->     SECTION 1. IC 36-8-19-14.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 14.5. (a) This section applies only to a fire protection territory:
        (1) that was established after December 31, 2007;
        (2) that consists of:
            (A) the territory of a municipality; and
            (B) some or all of the territory of the township in which the municipality is located; and
        (3) in which one (1) or more employees of the municipality are members, as of the effective date of this section, of the legislative body of a participating unit in the fire protection territory.

     (b) The department of local government finance shall determine which fire protection territories meet the conditions of subsection (a). If a fire protection territory meets the conditions of subsection (a), the department of local government finance shall certify that

fact to the county election board of each county in which the fire protection territory is located.
    (c) The following public question shall be placed on the ballot in accordance with IC 3-10-9 at the 2010 general election in a fire protection territory that meets the conditions of subsection (a), as certified by the department of local government finance:
        "Shall the __________ (insert name) Fire Protection Territory be dissolved, effective January 1, 2011?".
    (d) Any costs incurred to place the public question on the ballot shall be paid by the fire protection territory.
    (e) The circuit court clerk shall certify the results of a public question under this section to:
        (1) the executive of the municipality and of the township in which the fire protection territory is located; and
        (2) the department of local government finance.
    (f) If the majority of the voters voting on the public question vote in favor of dissolving the fire protection territory:
        (1) the fire protection territory is dissolved effective January 1, 2011; and
        (2) the municipality and the township may not establish a new fire protection territory.
    (g) If the majority of the voters voting on the public question vote against dissolving the fire protection territory, the fire protection territory is not dissolved under this section. However, the fire protection territory may be dissolved as otherwise provided in this chapter.

SOURCE: IC 36-8-19-15; (10)IN1211.1.2. -->     SECTION 2. IC 36-8-19-15, AS ADDED BY P.L.128-2008, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 15. (a) For purposes of this section, a fire protection territory is dissolved if:
         (1) all participating units withdraw from the fire protection territory as provided in section 13 of this chapter; or
        (2) a public question dissolving the fire protection territory is approved under section 14.5 of this chapter.

    (b) 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.
SOURCE: ; (10)IN1211.1.3. -->     SECTION 3. An emergency is declared for this act.