HB 1287-1_ Filed 03/27/2013, 10:35 Miller Pete
Adopted 3/28/2013

SENATE MOTION


MADAM PRESIDENT:

    I move
that Engrossed House Bill 1287 be amended to read as follows:

SOURCE: Page 2, line 9; (13)MO128702.2. -->     Page 2, after line 9, begin a new paragraph and insert:
SOURCE: IC 36-8-19-8.5; (13)MO128702.2. -->     "SECTION 2. IC 36-8-19-8.5, AS AMENDED BY P.L.47-2007, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 8.5. (a) Participating units may agree to establish an equipment replacement fund under this section to be used to purchase fire protection equipment, including housing, that will be used to serve the entire territory. To establish the fund, the legislative bodies of each participating unit must adopt an ordinance (if the unit is a county or municipality) or a resolution (if the unit is a township) that meets the following requirements:
        (1) The ordinance or resolution is identical to the ordinances and resolutions adopted by the other participating units under this section.
        (2) The ordinance or resolution is adopted after January 1 but before April 1.
         (2) Before adopting the ordinance or resolution, each participating unit must comply with the notice and hearing requirements of IC 6-1.1-41-3.
        (3) The ordinance or resolution authorizes the provider unit to establish the fund.
        (4) The ordinance or resolution includes at least the following:
            (A) The name of each participating unit and the provider unit.
            (B) An agreement to impose a uniform tax rate upon all of the taxable property within the territory for the equipment replacement fund.
            (C) The contents of the agreement to establish the fund.
An ordinance or a resolution adopted under this section takes effect July 1 of the year the ordinance or resolution is adopted. as provided in IC 6-1.1-41.
    (b) If a fund is established, the participating units may agree to:
        (1) impose a property tax to provide for the accumulation of money in the fund to purchase fire protection equipment;
        (2) incur debt to purchase fire protection equipment and impose a property tax to retire the loan; or
        (3) transfer an amount from the fire protection territory fund to the fire equipment replacement fund not to exceed five percent (5%) of the levy for the fire protection territory fund for that year;
or any combination of these options. The property tax rate for the levy imposed under this section may not exceed three and thirty-three hundredths cents ($0.0333) per one hundred dollars ($100) of assessed value. Before debt may be incurred, the fiscal body of a participating unit must adopt an ordinance (if the unit is a county or municipality) or a resolution (if the unit is a township) that specifies the amount and purpose of the debt. The ordinance or resolution must be identical to the other ordinances and resolutions adopted by the participating units. In addition, the department of local government finance must approve the incurrence of the debt using the same standards as applied to the incurrence of debt by civil taxing units.
    (c) Money in the fund may be used by the provider unit only for those purposes set forth in the agreement among the participating units that permits the establishment of the fund.
    (d) The requirements and procedures specified in IC 6-1.1-41 concerning the establishment or reestablishment of a cumulative fund, the imposing of a property tax for a cumulative fund, and the increasing of a property tax rate for a cumulative fund apply to:
        (1) the establishment or reestablishment of a fund under this section;
        (2) the imposing of a property tax for a fund under this section; and
        (3) the increasing of a property tax rate for a fund under this section.

    (e) Notwithstanding IC 6-1.1-18-12, if a fund under this section is reestablished in the manner provided in IC 6-1.1-41, the property tax rate imposed for the fund in the first year after the fund is reestablished may not exceed three and thirty-three hundredths cents ($0.0333) per one hundred dollars ($100) of
assessed value.
SOURCE: ; (13)MO128702.3. -->     SECTION 3. An emergency is declared for this act.".
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1287 as printed March 15, 2013.)

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Senator MILLER PETE


MO128702/DI 73
2013