SB 241-7_ Filed 01/28/2010, 09:39 Merritt

SENATE MOTION


MADAM PRESIDENT:

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

SOURCE: Page 59, line 29; (10)MO024107.59. -->     Page 59, between lines 29 and 30, begin a new paragraph and insert:
SOURCE: IC 6-1.1-18.5-22; (10)MO024107.122. -->     "SECTION 122. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 22. (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.
    (b) For purposes of this section:
        (1) "consolidating entity" means a township whose fire department is consolidated into the fire department of a consolidated city under IC 36-3-1-6.1; and
        (2) "maximum levy" means the maximum permissible ad valorem property tax levy under section 3 of this chapter.
    (c) The maximum levy of a consolidated city for property taxes first due and payable each year shall be increased by an amount equal to the combined property tax levies of each consolidating entity consolidated into the fire department of the consolidated city for property taxes first due and payable in the preceding year for fire protection and related services.
    (d) Not more than four (4) years after the effective date of a consolidation of a department consolidated into the fire department of the consolidated city, the consolidated city may levy a tax above the tax rate set for the consolidated fire department in the township that is necessary to phase out that township's borrowing for fire and emergency services under IC 36-6-6-14 and any other emergency or temporary loans by the township for fire and emergency services.
".
SOURCE: Page 79, line 39; (10)MO024107.79. -->     Page 79, between lines 39 and 40, begin a new paragraph and insert:
SOURCE: IC 33-34-6-4; (10)MO024107.143. -->     "SECTION 143. IC 33-34-6-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JANUARY 1, 2011]: Sec. 4. (a) The voters

of each township having a small claims court shall elect a constable for the small claims court at the general election every four (4) years for a term of office of four (4) years, beginning January 1 after election and continuing until a successor is elected and qualified. The ballot must state the:
        (1) name of the candidate; and
        (2) court for which the candidate is to serve.
    (b) Each small claims court shall have a constable who:
        (1) acts as the bailiff of the court;
        (2) serves the court's personal service of process;
        (3) has police powers to:
            (A) make arrests under a court order or to maintain order in the court;
            (B) keep the peace in the court during court proceedings; and
            (C) carry out the orders of the court;
        (4) must meet the qualifications prescribed by IC 3-8-1-31;
        (5) is compensated for each process that is delivered to effect personal service when serving as the bailiff for the court;
        (6) is responsible for:
            (A) the preparation and mailing of all registered or certified service and is compensated for each process served by mail; and
            (B) all the official acts of the deputies;
        (7) is compensated solely from the service of process fees collected under IC 33-34-8-1; and
        (8) may require a deputy to give a bond for the proper discharge of the deputy's duties for an amount fixed by the constable; and
         (9) must file an annual statement of economic interests under IC 33-23-11-14.
    (c) The elected constable may appoint full-time and part-time deputies for assistance in the performance of official duties who:
        (1) perform all the official duties required to be performed by the constable;
        (2) possess the same statutory and common law powers and authority as the constable;
        (3) must take the same oath required of the constable;
        (4) are compensated solely from the service of process fees collected under IC 33-34-8-1; and
        (5) serve at the pleasure of the constable and may be dismissed at any time with or without cause; and
        (6) if the deputy is a full-time deputy, must file an annual statement of economic interests under IC 33-23-11-14.

    (d) If there is an:
        (1) emergency; or
        (2) inability of a constable to carry out the constable's duties;
the judge may appoint a special constable to carry out the duties of the

constable during the emergency or inability.".

SOURCE: Page 100, line 16; (10)MO024107.100. -->     Page 100, between lines 16 and 17, begin a new paragraph and insert:
SOURCE: IC 36-3-6-9; (10)MO024107.167. -->     "SECTION 167. IC 36-3-6-9, AS AMENDED BY P.L.182-2009(ss), SECTION 401, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. (a) Except as provided in subsection (d), the city-county legislative body shall review the proposed operating and maintenance budgets and tax levies and adopt final operating and maintenance budgets and tax levies for each of the following entities in the county:
        (1) An airport authority operating under IC 8-22-3.
        (2) A public library operating under IC 36-12.
        (3) A capital improvement board of managers operating under IC 36-10.
        (4) A public transportation corporation operating under IC 36-9-4.
        (5) A health and hospital corporation established under IC 16-22-8.
         (6) A building authority established under IC 36-9-13.
        (6) (7) Any other taxing unit (as defined in IC 6-1.1-1-21) that is located in the county and has a governing body that is not comprised of a majority of officials who are elected to serve on the governing body.
Except as provided in subsection (c), the city-county legislative body may reduce or modify but not increase a proposed operating and maintenance budget or tax levy under this section.
    (b) The board of each entity listed in subsection (a) shall, after adoption of its proposed budget and tax levies, submit them, along with detailed accounts, to the city clerk before the first day of September of each year.
    (c) The city-county legislative body or, when subsection (d) applies, the fiscal body of an excluded city or town shall review the issuance of bonds of an entity listed in subsection (a). Approval of the city-county legislative body or, when subsection (d) applies, the fiscal body of an excluded city or town is required for the issuance of bonds. The city-county legislative body or the fiscal body of an excluded city or town may not reduce or modify a budget or tax levy of an entity listed in subsection (a) in a manner that would:
        (1) limit or restrict the rights vested in the entity to fulfill the terms of any agreement made with the holders of the entity's bonds; or
        (2) in any way impair the rights or remedies of the holders of the entity's bonds.
    (d) If the assessed valuation of a taxing unit is entirely contained within an excluded city or town (as described in IC 36-3-1-7) that is located in a county having a consolidated city, the governing body of the taxing unit shall submit its proposed operating and maintenance budget and tax levies to the city or town fiscal body for approval and

not the city-county legislative body. Except as provided in subsection (c), the fiscal body of the excluded city or town may reduce or modify but not increase a proposed operating and maintenance budget or tax levy under this section.".

SOURCE: Page 122, line 35; (10)MO024107.122. -->     Page 122, between lines 35 and 36, begin a new paragraph and insert:
SOURCE: IC 36-9-13-35; (10)MO024107.191. -->     "SECTION 191. IC 36-9-13-35, AS AMENDED BY P.L.146-2008, SECTION 790, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 35. (a) In a county not having a consolidated city, the annual operating budget of a building authority is subject to review by the county board of tax adjustment and then by the department of local government finance as in the case of other political subdivisions.
     (b) In a county having a consolidated city, the annual operating budget of a building authority is subject to review and approval by the city-county legislative body as provided by IC 36-3-6-9.".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 241 as printed January 22, 2010.)

________________________________________

Senator MERRITT


MO024107/DI 87
2010