SB 241-3_ Filed 01/26/2010, 09:39 Merritt

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 241 be amended to read as follows:

SOURCE: Page 99, line 1; (10)MO024104.99. -->     Page 99, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 36-3-1-6.6; (10)MO024104.162. -->     "SECTION 162. IC 36-3-1-6.6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6.6. (a) It is the policy of the consolidated fire department of the consolidated city and the consolidated law enforcement department of the consolidated city that fire protection services and law enforcement services are best performed by a workforce that represents the community served by those departments.
    (b) The executive of the consolidated city shall institute revised procedures to ensure that the hiring and promotional practices of the consolidated fire department and the consolidated law enforcement department of the consolidated city achieve the policy set forth in subsection (a), as permitted by state and federal law. These revised procedures are subject to the review and approval of the legislative body of the consolidated city.
".
SOURCE: Page 121, line 3; (10)MO024104.121. -->     Page 121, between lines 3 and 4, begin a new paragraph and insert:
SOURCE: IC 36-8-4-2; (10)MO024104.188. -->     "SECTION 188. IC 36-8-4-2, AS AMENDED BY P.L.65-2008, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2. (a) Members of the police and fire departments must reside in Indiana within:
        (1) the county in which the city is located; or
        (2) a county that is contiguous to the county in which the city is located.
    (b) In This section does not apply to a consolidated city. a member who was residing outside the county on January 1, 1975, is exempt from subsection (a).
    (c) A city with a population of less than seven thousand five hundred (7,500) may adopt an ordinance that requires a member of the city's police or fire department to comply with the following:
        (1) Reside within the county in which the city is located.
        (2) Have adequate means of transportation into the city.
        (3) Maintain in the member's residence telephone service with the city.
    (d) This subsection applies to a 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 city may require, in addition to the requirements of subsection (c), that a member of the police or fire department reside within the 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 city's police or fire department to reside within the county in which the city is located if the member resides outside the county on the date the ordinance is adopted.
SOURCE: IC 36-8-4-2.5; (10)MO024104.189. -->     SECTION 189. IC 36-8-4-2.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 2.5. (a) This section applies only to a consolidated city.
    (b) An individual who becomes a member of the police department or fire department of the consolidated city after June 30, 2010, must reside within the county having the consolidated city.
    (c) An individual who became a member of the police department or fire department of the consolidated city before July 1, 2010, must reside within:
        (1) the county having the consolidated city; or
        (2) a county contiguous to the county having the consolidated city.

     (d) Notwithstanding subsection (c), a member of the police department or fire department who resided outside the county on January 1, 1975, is exempt from the requirements of this section.
    (e) An individual who was a member of a township fire department and becomes a member of the fire department of the consolidated city through a merger of the township fire department
into the fire department of the consolidated city is not subject to the requirements of subsection (b).".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 241 as printed January 22, 2010.)

________________________________________

Senator MERRITT


MO024104/DI 87
2010