HB 1072-10_ Filed 02/27/2012, 11:00 Head
Adopted 2/28/2012

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1072 be amended to read as follows:

SOURCE: Page 152, line 28; (12)MO107216.152. -->     Page 152, between lines 28 and 29, begin a new paragraph and insert:
SOURCE: ; (12)MO107216.112. -->     "SECTION 112. [EFFECTIVE UPON PASSAGE] (a) This section applies to a fire protection district:
        (1) that was initially established in 2011;
        (2) whose maximum levy and cumulative fund rate were first established and approved by the department of local government finance in 2011;
        (3) that properly and timely advertised its budget, rates and levies in 2011 for the 2012 calendar year;
        (4) whose budget, rates and levies were disallowed by the department of local government finance in 2012 due to confusion as to whether the county council that created the fire protection district held a public hearing on said budget, rates, and levies;
        (5) whose 2012 budget, rates, and levies were nonetheless timely considered in an open meeting of the county council, and were timely reviewed and approved by the county council; and
        (6) that may experience a significant revenue shortfall in 2012 and 2013, requiring the district to seek funds in addition to the amounts available to the district to provide essential fire protection to district residents.
    (b) A fire protection district described in this section may borrow a specified amount of money if:
        (1) the board of fire trustees of the district finds that:
            (A) an emergency exists requiring the expenditure of money not available to the fire district; and
            (B) the emergency requiring the expenditure of money is related to paying the operating expenses and obligations of

the district; and
        (2) the fiscal body of the county approves the expenditure of the money.
    (c) A fire protection district shall comply with IC 36-8-11-17 with respect to a borrowing under this section.
    (d) The county fiscal body shall levy property taxes in an amount sufficient to cover payments due under the borrowing authorized under this section.
    (e) This section expires December 31, 2014.
".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB as printed February 24, 2012.)
.

________________________________________

Senator HEAD


MO107216/DI 73
2012