HB 1096-1_ Filed 02/15/2011, 15:07
Your Committee on Veterans Affairs and Public Safety , to which was referred
House Bill 1096 , 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 3, line 13; (11)AM109601.3. -->
Page 3, line 13, after "in the" insert " participating".
Page 3, between lines 21 and 22, begin a new paragraph and insert:
SOURCE: IC 36-8-19-6; (11)AM109601.2. -->
"SECTION 2. IC 36-8-19-6, AS AMENDED BY P.L.47-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 6. (a) To establish a fire protection territory, the
legislative bodies of each unit desiring to become a part of the
proposed territory must adopt an ordinance (if the unit is a county or
municipality) or a resolution (if the unit is a township) that meets the
(1) The ordinance or resolution is identical to the ordinances and
resolutions adopted by the other units desiring to become a part
of the proposed territory.
(2) The ordinance or resolution is adopted after January 1 but
before April 1.
(3) The ordinance or resolution authorizes the unit to become a
party to an agreement for the establishment of a fire protection
(4) The ordinance or resolution is adopted after the legislative
body does the following:
Holds a public hearing at least thirty (30) days before
adopting the ordinance or resolution at which the
legislative body makes available to the public the
information required by subsection (e) concerning the
fiscal impact of the proposed fire protection territory.
(B) Holds at least one (1) additional public hearing
receive public comment on the proposed ordinance or
resolution. The legislative body must give notice of the
hearing under IC 5-3-1.
(b) The notice required under this section shall include all of the
(1) A list of the provider unit and all participating units in the
(2) The date, time, and location of the hearing.
(3) The location where the public can inspect the proposed
ordinance or resolution.
(4) A statement as to whether the proposed ordinance or
resolution requires uniform tax rates or different tax rates within
the territory and the proposed levies and tax rates for each
(5) The name and telephone number of a representative of the unit
who may be contacted for further information.
(c) The ordinance or resolution adopted under this section shall
include at least the following:
(1) The boundaries of the proposed territory.
(2) The identity of the provider unit and all other participating
units desiring to be included within the territory.
(3) An agreement to impose the following:
(A) For property taxes first due and payable before
January 1, 2012:
a uniform tax rate upon all of the taxable property within
the territory for fire protection services; or
different tax rates for fire protection services for the
participating units desiring to be included within the
territory, so long as a tax rate applies uniformly to all
unit's taxable property within the territory. unit.
(B) For property taxes first due and payable after
December 31, 2011, a property tax levy for fire protection
services within each participating unit. The maximum
property tax levy for fire protection services for a
particular unit may not exceed the amount determined for
the unit under IC 6-1.1-18.5-10.5.
(4) The contents of the agreement to establish the territory.
(d) Except as provided in subsection (e), an ordinance or a
resolution adopted under this section takes effect July 1 of the year the
ordinance or resolution is adopted.
(e) A legislative body of a participating unit that desires to adopt
an ordinance or a resolution under this section must make the
following information available to the public at the meeting
required by subsection (a)(4)(A):
(1) The property tax levy, property tax rate, and budget to be
imposed or adopted during the first year of the territory for
each of the units that would participate in the proposed fire
(2) The estimated effect of the proposed reorganization in
following years on taxpayers in each of the units that would
participate in the proposed fire protection territory, including
the expected property tax rates, property tax levies,
expenditure levels, and service levels, and annual debt service
(3) A description of the planned services and staffing levels to
be provided in the proposed fire protection territory.
(4) A description of any capital improvements to be provided
in the proposed fire protection territory.".
SOURCE: Page 3, line 22; (11)AM109601.3. -->
Page 3, delete lines 22 through 42.
Delete pages 4 through 5.
Page 6, delete lines 1 through 13.
Page 6, delete lines 24 through 42.
Delete page 7.
Page 8, delete lines 1 through 10.
Page 8, line 18, after "for the" insert " participating".
Page 8, line 19, strike "of a".
Page 8, line 20, strike "unit's".
Page 8, line 20, strike "territory." and insert " unit.".
Page 8, line 29, delete "and (in the case of ordinances or".
Page 8, delete lines 30 through 32.
Page 8, line 33, delete "chapter,".
Page 9, line 9, strike "assistance" and insert " approval".
Page 9, line 12, delete "balance," and insert "balance.".
Page 9, line 12, strike "not".
Page 9, line 13, strike "to exceed twenty percent (20%) of the
Page 9, line 15, strike "establish" and insert " adopt".
Page 9, line 22, strike "In".
Page 9, strike lines 23 through 28.
Page 9, after line 41, begin a new paragraph and insert:
SOURCE: ; (11)AM109601.6. -->
"SECTION 6. [EFFECTIVE UPON PASSAGE] (a) The
department of local government finance shall review the tax rates
levies for fire protection territories established before July 1, 2011,
that have a uniform tax rate throughout the territory and shall
reconsider whether different tax rates for fire protection services
should be applied for the participating units included within the
territory consistent with this act.
(b) This SECTION expires January 1, 2015.
Renumber all SECTIONS consecutively.
(Reference is to HB 1096 as introduced.)
and when so amended that said bill do pass.
AM109601/DI 116 2011