YES:
MR. SPEAKER:
Your Committee on Government and Regulatory Reform , to which was referred
Senate Bill 1 , 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:
emergency medical services.
between the STEP SEVEN amount minus the product of the
STEP ONE amount multiplied by the ratio established under
subdivision (1). The STEP THREE excess shall be distributed as
provided in STEP NINE only to the civil taxing units that have
a STEP EIGHT difference greater than or equal to zero (0).
STEP NINE: For the civil taxing units qualifying for a
distribution under STEP EIGHT, each civil taxing unit's share
equals the STEP THREE excess multiplied by the ratio of:
(A) the maximum permissible property tax levy under
IC 6-1.1-18.5, IC 12-19-7, and IC 12-19-7.5 for the qualifying
civil taxing unit during the calendar year in which the month
falls, plus, for a county, an amount equal to the property taxes
imposed by the county in 1999 for the county's welfare fund
and welfare administration fund; divided by
(B) the sum of the maximum permissible property tax levies
under IC 6-1.1-18.5, IC 12-19-7, and IC 12-19-7.5 for all
qualifying civil taxing units of the county during the calendar
year in which the month falls, and an amount equal to the
property taxes imposed by the county in 1999 for the county's
welfare fund and welfare administration fund.
(c) Except with respect to Center Township, if a consolidated fire
department is established under IC 36-3-1-6.1, sixty-six percent
(66%) of the revenues to be distributed as distributive shares
during each month to the townships listed in this section are to be
distributed to the consolidated fire department taxing district and
deposited in the consolidated fire department taxing district fund.
(d) If Lawrence, Beech Grove, Southport, or Speedway
consolidates its fire department into the consolidated fire
department under IC 36-3-1-6.3, commencing with the calendar
year following that consolidation and for each year thereafter, the
monthly distributive share of county option income taxes
distributed to Lawrence, Beech Grove, Southport, or Speedway, as
applicable, shall be reduced by a percentage set forth in the
ordinances adopted under IC 36-3-1-6.3, and those revenues shall
instead be distributed to the consolidated fire department taxing
district and deposited in the consolidated fire department taxing
district fund.
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 11.6. (a) This section applies only to an
airport authority established for a county having a consolidated city.
(b) If:
(1) the legislative body of the consolidated city and the governing
body of the airport authority may adopt substantially similar
ordinances providing that adopts an ordinance under
IC 36-3-1-6.1 providing that:
(A) the fire department of the airport authority is consolidated
into the fire department of the consolidated city created by
IC 36-3-1-6.1; and that
(B) the fire department of the consolidated city shall provide fire
protection services for the airport authority; If ordinances are
adopted under this section,
and the executive of the consolidated city approves the
ordinance; and
(2) the legislative body of the consolidated city adopts an
ordinance under IC 36-3-1-6.1 adopting the transition plan and
the executive of the consolidated city approves the ordinance;
the consolidation shall take effect on the date agreed to by the
legislative body of the consolidated city and the governing body of the
airport authority in the ordinances. January 1, 2008.
(c) The legislative body of the consolidated city and the governing
body of the airport authority may adopt substantially similar ordinances
an ordinance under IC 36-3-1-5.1 providing that the law enforcement
services of the airport authority are consolidated into the consolidated
law enforcement department of the consolidated city created by
IC 36-3-1-5.1, and that the law enforcement department of the
consolidated city shall provide law enforcement services for the airport
authority. If ordinances are adopted under this section, the
consolidation shall take effect on the date agreed to by the legislative
body of the consolidated city and the governing body of the airport
authority in the ordinances.".
Delete pages 2 through 19.
SECTION 18, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec..6.1. (a) This section applies
only in a county containing a consolidated city. If the requirements of
subsection (g) are satisfied, The legislative body of the consolidated
city may adopt an ordinance approved by the executive of the
consolidated city to consolidate the fire departments of the following
are consolidated into the fire department of a consolidated city (referred
to as "the consolidated fire department"):
(1) A township for which the consolidation is approved by the
township legislative body and trustee and the legislative body and
mayor of the located in a county having a consolidated city.
(2) Any fire protection territory established under IC 36-8-19 that
is located in a township described in subdivision (1). county
having a consolidated city.
(3) The territory in which an airport authority established for
a consolidated city under IC 8-22-3 may provide fire protection
services.
However, an ordinance may be adopted under this subsection only
before August 1, 2006. Notwithstanding any other provision, an
ordinance adopted under this subsection after July 31, 2006, is not
effective.
(b) The legislative body of the consolidated city may not adopt an
ordinance under subsection (a) unless the legislative body first:
(1) holds a public hearing on the proposed consolidation; and
(2) determines that:
(A) reasonable and adequate fire protection can be provided
through the consolidation; and
(B) the consolidation is in the public interest.
(c) If the requirements of subsection (a) are satisfied, the
metropolitan board of fire commissioners is established. The board
consists of the following members:
(1) The executive of the consolidated city, who shall serve as the
board's chairperson.
(2) The nine (9) township trustees in the county containing a
consolidated city.
(3) Two (2) members of the legislative body of the consolidated
city, who must be from different political parties, appointed by
the president of the legislative body of the consolidated city.
At the board's first meeting, the members of the board shall elect
a vice chairperson. Meetings of the board shall be called by the
chairperson or by the vice chairperson and any two (2) other
members. An affirmative vote of a majority of the members
appointed to the board is required for the board to take final
action. The members of the board may not receive a salary or per
diem for participation on the board.
(d) The board established under subsection (c) shall prepare a
transition plan to integrate the functions and personnel of the fire
departments consolidated into the fire department of the
consolidated city. If the board votes to adopt the transition plan,
the board shall submit the plan to the legislative body of the
consolidated city. If:
(1) before January 1, 2008, the legislative body adopts an
ordinance by a majority vote that adopts the transition plan;
and
(2) the executive of the consolidated city approves the
ordinance adopted under subdivision (1);
the fire department consolidation becomes effective January 1,
2008.
(e) The board established under subsection (c) shall conduct
budget hearings and before August 1, 2007, submit a budget
proposal for the consolidated fire department to the legislative
body of the consolidated city for approval. If the board established
under subsection (c) does not adopt a transition plan before August
1, 2007, the legislative body of the consolidated city may prepare a
transition plan to consolidate the fire departments into the fire
department of the consolidated city. If:
(1) before January 1, 2008, the legislative body adopts an
ordinance by a majority vote that adopts the transition plan;
and
(2) the executive of the consolidated city approves the
ordinance adopted under subdivision (1);
the fire department consolidation becomes effective on January 1,
2008. However, notwithstanding any other statute, if the legislative
body does not adopt a transition plan until after December 31,
2007, the effective date of the consolidation is not January 1, 2008,
but is instead the date specified by the legislative body in the
ordinance adopting the transition plan.
(f) Subject to subsection (g), beginning January 1, 2008, the
board established under subsection (c) has the following duties and
responsibilities:
(1) The board shall approve:
(A) station closings and equipment relocations; and
(B) a plan to integrate all merit positions into the
consolidated fire department.
(2) The board shall oversee all assets of the consolidated fire
department and monitor all reallocation of assets.
(3) The board shall appoint one (1) member to the merit
commission of the consolidated fire department. This member:
(A) shall serve until the board expires on December 31, 2010;
and
(B) shall replace a member appointed by the mayor of the
consolidated city.
Notwithstanding any other law, the mayor shall designate
which of the mayor's appointees to the merit board is removed
from the merit board and replaced by the member appointed
under this subdivision.
(4) The board shall conduct budget hearings and submit a
budget proposal for the consolidated fire department to the
legislative body of the consolidated city for approval.
(5) The board shall approve all equipment and facility
purchases for the consolidated fire department.
(6) The board shall nominate three (3) candidates for fire chief
of the consolidated fire department. The executive shall select
a fire chief from the candidates nominated by the board.
(7) The board shall provide advice and make recommendations
to the chief of the consolidated fire department regarding the
operation of the consolidated fire department and the provision
of emergency medical services.
(8) The board shall review labor agreements assumed or to be
assumed by the consolidated city and make recommendations
concerning labor agreements needed to integrate firefighters
from all townships into the consolidated fire department.
(9) The board is a public agency for purposes of IC 5-14-1.5
and IC 5-14-3.
firefighters' pension fund, if the township has any unfunded
liability for pension obligations for township firefighters under the
1937 firefighters' pension fund, and if any balance remains after
that transfer for pension obligations the remaining balance shall be
transferred to any other cumulative fund or rainy day fund
established by the township before January 1, 2008. However, if a
township has not established another cumulative fund or rainy day
fund before January 1, 2008, into which any remaining balance
may be transferred, the remaining balance shall instead be
transferred to the consolidated fire department taxing district and
deposited in the consolidated fire department taxing district fund.
The balances in any rainy day funds established by a township for
any purpose are not transferred to the consolidated city. The
Emergency Services Education Center in Wayne Township shall
remain the property of Wayne Township and shall not be
transferred to the consolidated city.
(d) (j) If the requirements of subsection (g) are satisfied and the fire
department departments of an entity the entities listed in subsection
(a) is are consolidated into the fire department of the consolidated city,
the employees of the fire department consolidated into the fire
department of the consolidated city cease employment with the
department of the entity listed in subsection (a) and become employees
of the consolidated fire department on the effective date of the
consolidation. January 1, 2008. The consolidated city shall assume all
agreements with labor organizations that:
(1) are in effect on the effective date of the consolidation; and
(2) apply to employees of the department consolidated into the fire
department of the consolidated city who become employees of the
consolidated fire department.
(e) (k) If the requirements of subsection (g) are satisfied and the fire
department departments of an entity the entities listed in subsection
(a) is are consolidated into the fire department of a consolidated city,
the indebtedness related to fire protection services incurred before the
effective date of the consolidation by:
(1) the entity; or
(2) a building, holding, or leasing corporation on behalf of the
entity;
whose fire department is consolidated into the consolidated fire
department under subsection (a) shall remain the debt of the entity and
does not become and may not be assumed, defeased, paid, or
refunded by the consolidated city and may be paid from property
taxes imposed by the consolidated fire department taxing district.
Notwithstanding any other law, to assume, defease, pay, or refund
all or a part of the indebtedness, the consolidated city is not
required to comply with any other statutory procedures or
approvals that apply when a unit incurs indebtedness. However,
the consolidated city may not assume all or any part of the
indebtedness that will cause the consolidated city to exceed the
limitations on the amount of indebtedness that the consolidated city
may incur. The rights of the trustee and the bondholders with
respect to any:
(1) bonds or other indebtedness; or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness;
remain the same, although the powers, duties, agreements, and
liabilities of the entities listed in subsection (a) have been
transferred to the consolidated city, and the consolidated city shall
be considered to have assumed all of those powers, duties,
agreements, and liabilities. Indebtedness related to fire protection
services that is incurred by the consolidated city before the effective
date of the consolidation shall remain the debt of the consolidated city
and property taxes levied to pay the debt may only be levied by the fire
special service district.
(f) (l) If the requirements of subsection (g) are satisfied and the fire
department departments of an entity the entities listed in subsection
(a) is are consolidated into the fire department of a consolidated city,
the merit board and the merit system of the fire department
departments that is are consolidated are dissolved on the effective date
of the consolidation, and the duties of the merit boards are transferred
to and assumed by the merit board for the consolidated fire department
on the effective date of the consolidation.
(g) A township legislative body, after approval by the township
trustee, may adopt a resolution approving the consolidation of the
township's fire department with the fire department of the consolidated
city. A township legislative body may adopt a resolution under this
subsection only after the township legislative body has held a public
hearing concerning the proposed consolidation. The township
legislative body shall hold the hearing not earlier than thirty (30) days
after the date the resolution is introduced. The hearing shall be
conducted in accordance with IC 5-14-1.5 and notice of the hearing
shall be published in accordance with IC 5-3-1. If the township
legislative body has adopted a resolution under this subsection, the
township legislative body shall, after approval from the township
trustee, forward the resolution to the legislative body of the
consolidated city. If such a resolution is forwarded to the legislative
body of the consolidated city, the legislative body of the consolidated
city may adopt an ordinance, approved by the mayor of the
consolidated city, approving the consolidation of the fire department of
the township into the fire department of the consolidated city and the
requirements of this subsection are satisfied. The consolidation shall
take effect on the date agreed to by the township legislative body in its
resolution and by the legislative body of the consolidated city in its
ordinance approving the consolidation.
(h) (m) The following apply if the requirements of subsection (g) are
satisfied: fire departments of the entities listed in subsection (a) are
consolidated into the fire department of a consolidated city:
(1) The consolidation of the fire department of that township is
effective on the date agreed to by the township legislative body in
the resolution and by the legislative body of the consolidated city
in its ordinance approving the consolidation.
(2) (1) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1977 fund before the effective date
of a consolidation under this section; and
(B) who, after the consolidation, becomes an employee of the fire
department of a consolidated city under this section;
remains a member of the 1977 fund without being required to meet
the requirements under IC 36-8-8-19 and IC 36-8-8-21. The
firefighter shall receive credit for any service as a member of the
1977 fund before the consolidation to determine the firefighter's
eligibility for benefits under IC 36-8-8.
(3) (2) Notwithstanding any other provision, a firefighter:
(A) who is a member of the 1937 fund before the effective date
of a consolidation under this section; and
consolidated city's local board for the 1937 firefighters' pension
fund and local board for the 1977 police officers' and firefighters'
pension and disability fund, respectively. Notwithstanding any
other provision, the legislative body of the consolidated city may
adopt an ordinance to adjust the membership of the consolidated
city's local board to reflect the consolidation.
(7) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit to provide for the payment of the expenses for the
operation of the consolidated fire department. However, property
taxes to fund the pension obligation under IC 36-8-7 for members
of the 1937 firefighters fund who were employees of the
consolidated city at the time of the consolidation may be levied
only by the fire special service district within the fire special
service district. The fire special service district established under
IC 36-3-1-6 may levy property taxes to provide for the payment of
expenses for the operation of the consolidated fire department
within the territory of the police special service district. Property
taxes to fund the pension obligation under IC 36-8-8 for members
of the 1977 police officers' and firefighters' pension and disability
fund who were members of the fire department of the consolidated
city on the effective date of the consolidation may be levied only
by the fire special service district within the fire special service
district. Property taxes to fund the pension obligation for members
of the 1937 firefighters fund who were not members of the fire
department of the consolidated city on the effective date of the
consolidation and members of the 1977 police officers' and
firefighters' pension and disability fund who were not members of
the fire department of the consolidated city on the effective date of
the consolidation may be levied by the consolidated city within the
city's maximum permissible ad valorem property tax levy.
However, these taxes may be levied only within the fire special
service district and any townships that have consolidated fire
departments under this section.
(8) (4) The executive of the consolidated city shall provide for an
independent evaluation and performance audit, due before March
1 of the year in which the consolidation is effective and for before
March 1 in each of the following two (2) years, to determine:
department.
(f) Except as provided in subsection (h), the consolidated city
shall assume, defease, pay, or refund all indebtedness related to fire
protection services incurred before the effective date of the
consolidation described in subsection (b) by:
(1) an excluded city; or
(2) a building, holding, or leasing corporation on behalf of an
excluded city;
whose fire department is consolidated into the consolidated fire
department under subsection (b).
(g) Notwithstanding any other law, to assume, defease, pay, or
refund all or a part of the indebtedness described in subsection (f),
the consolidated city is not required to comply with any other
statutory procedures or approvals that apply when a unit incurs
indebtedness.
(h) Notwithstanding subsections (f) and (g), the consolidated city
may not assume all or a part of the indebtedness described in
subsection (f) that will cause the consolidated city to exceed the
limitations on the amount of indebtedness that the consolidated city
may incur.
(i) The rights of the trustee and the bondholders with respect to
any:
(1) indebtedness or bonds; or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking
described in subsection (f);
remain the same, although the powers, duties, agreements, and
liabilities of the departments listed in subsection (a) have been
transferred to the consolidated city, and the consolidated city shall
be considered to have assumed all those powers, duties,
agreements, and liabilities.
(j) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b), the
local boards for the 1937 firefighters' pension fund and the 1977
police officers' and firefighters' pension and disability fund of the
excluded city are dissolved, and their services are terminated not
later than the effective date of the consolidation. The duties
performed by the local boards under IC 36-8-7 and IC 36-8-8,
respectively, are assumed by the consolidated city's local board for
the 1937 firefighters' pension fund and local board for the 1977
police officers' and firefighters' pension and disability fund,
respectively.
(k) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b), the
merit board and merit system of the excluded city's fire
department are dissolved, and the duties of the excluded city's
merit board are transferred to and assumed by the merit board for
the consolidated fire department.
(l) Whenever an excluded city consolidates its fire department
into the consolidated fire department under subsection (b),
commencing with the calendar year following consolidation and for
each year thereafter, the excluded city's monthly distributive share
of county option income tax revenues distributed under
IC 6-3.5-6-18.5 shall be reduced by a percentage set forth in the
ordinances adopted under subsection (b), and those revenues shall
instead be distributed to the consolidated fire department taxing
district and deposited in the consolidated fire department taxing
district fund.
(m) If an excluded city consolidates its fire department into the
consolidated fire department under subsection (b) before December
31, 2010, the excluded city shall appoint one (1) representative to
the metropolitan board of fire commissioners as a full voting
member.
not consolidated its fire department under section 6.3 of this
chapter.
(d) The taxing district shall levy a property tax within the
territory of the taxing district to pay for the following:
(1) Providing fire protection services and emergency
ambulance services within the territory of the taxing district
and providing for the operation of the consolidated fire
department.
(2) Providing any equipment, buildings, or land that is
necessary for the consolidated fire department and for
providing fire protection services and emergency ambulance
services within the territory of the taxing district.
The property tax levy under this section is separate from other
property tax levies of the consolidated city, and a separate
maximum permissible property tax levy shall be collected for the
taxing district. All revenue collected from the tax levied under this
subsection shall be deposited in a consolidated fire department
fund.
(e) The taxing district shall levy a property tax within the
territory of the taxing district to pay for the following:
(1) Any indebtedness assumed, defeased, paid, or refunded
under section 6.1 or 6.3 of this chapter.
(2) Any indebtedness issued by the consolidated city, either
before or after the consolidated fire department is established,
to pay for fire protection services, emergency services, or
equipment, buildings, or land related to fire protection services
or emergency medical services.
The property tax levy collected under this subsection shall be
deposited in a consolidated fire department debt service fund.
(f) Money in the consolidated fire department fund shall be used
for the purposes described in subsection (d), and money in the
consolidated fire department debt service fund shall be used for the
purposes described in subsection (e). The county auditor shall
administer the funds and is responsible for the issuance of warrants
for payments from the funds. The county auditor may take actions
necessary to administer the funds without the approval of the
controller of the consolidated city.
(g) Property taxes to fund the pension obligation under IC 36-8-7
for members of the 1937 firefighters fund who are employees or
retired employees of the consolidated city on January 1, 2008, may
be levied only by the fire special service district created by section
6 of this chapter within the territory of the fire special service
district and may not be levied by the taxing district.
(h) In the case of a township or an excluded city that consolidates
its fire department under this section:
(1) the liability for the payment of pension obligations under
IC 36-8-7 for members of the 1937 firefighters fund who are
employees or retired employees of the township or excluded
city at the time of the consolidation remains with the township
or excluded city; and
(2) property taxes to fund the township's or excluded city's
pension obligation described in subdivision (1) may be imposed
by the township or excluded city only within the township or
excluded city.
(i) For property taxes first due and payable in the first calendar
year in which property taxes are imposed by the consolidated city
under this section in the taxing district, the maximum permissible
ad valorem property tax levy of the taxing district under
IC 6-1.1-18.5 is equal to the sum of:
(1) the sum of the property tax levies for taxes first due and
payable in the preceding year for fire protection and related
services (excluding debt) by each:
(A) township;
(B) airport authority; or
(C) fire protection territory;
whose fire department is consolidated into the fire department
of the consolidated city under section 6.1 of this chapter,
excluding amounts paid for pension obligations under
IC 36-8-7 for members of the 1937 firefighters fund;
(2) the amount paid from the consolidated city's property tax
levy during the preceding year for fire protection and related
services (excluding debt); and
(3) the amount paid from the fire special service district's
property tax levy during the preceding year for fire protection
and related services, excluding amounts paid from the fire
special service district's property tax levy to pay the
consolidated city's pension obligation under IC 36-8-7 for
members of the 1937 firefighters' pension fund.
However, the department of local government finance shall adjust
any budgets, tax rates, and tax levies of the consolidated city,
townships in the county, the taxing district, excluded cities that
have consolidated fire departments under section 6.3 of this
chapter, and the airport authority as necessary to reflect the
establishment of a consolidated fire department.
(j) For property taxes first due and payable in the first calendar
year in which property taxes are imposed by the consolidated city
under this section in the taxing district, the maximum permissible
ad valorem property tax levy under IC 6-1.1-18.5:
(1) is decreased for each township, the airport authority, and
any fire protection territory by the amount included in the
taxing district's maximum permissible ad valorem property tax
levy under subsection (i)(1) from the township, airport
authority, or fire protection territory;
(2) is decreased for the consolidated city by the amount
included in the taxing district's maximum permissible ad
valorem property tax levy under subsection (i)(2); and
(3) is decreased for the fire special service district by an
amount equal to the amount included in the taxing district's
maximum permissible ad valorem property tax levy under
subsection (i)(3).
consolidated city that is equivalent to the merit or permanent
rank;
that the firefighter held on the later of the date this section was
enacted into law or the date the firefighter fills a vacant position
through a merit testing process.
(c) The fire department of:
(1) the consolidated city; and
(2) the township, fire protection district, or fire protection
territory;
may not reduce or terminate the employment or benefits of a
full-time, fully paid firefighter who is employed before the effective
date of the consolidation because of or to facilitate the
consolidation.
(d) This section does not prohibit a fire department, fire
protection district, or fire protection territory from taking
disciplinary action for cause against a full-time, fully paid
firefighter, including suspending, reducing in rank, or discharging
the firefighter.
(e) This section does not apply to a firefighter employed by the
airport authority on the effective date of the consolidation.
committee, council, or commission or the head of any office,
department, or institution may not:
(1) be employed in any position with the:
(A) board, committee, council, or commission of which the
individual's relative is a member; or
(B) office, department, or institution that is headed by the
individual's relative; or
(2) receive any compensation as an employee for services from
any appropriation by a political subdivision subject to this
chapter.
(d) An individual may not be employed in a position in which the
individual would have a direct supervisory or subordinate
relationship with the individual's relative.
(e) This section does not apply to the following:
(1) An individual employed in the same position with the
board, committee, council, commission, office, department, or
institution for at least twelve (12) consecutive months
immediately before the appointment or election of the
individual's relative as a member of the board, committee,
council, or commission or head of the office, department, or
institution.
(2) The employment of any law enforcement officer or
firefighter who is under the jurisdiction of a merit commission
established under IC 36-8-3.5.
(f) This section does not require the termination or reassignment
of any employee of a political subdivision from any position held by
that individual on and continuously after June 30, 2006.".
Delete page 22.
obligations under IC 36-8-7-14 for persons who are employees or
retired employees of the consolidated city on January 1, 2008.".
jointly or through interlocal cooperation agreements, and
make recommendations concerning the joint location of those
services with other federal, state, or local government
agencies.
(4) Identify which of the services provided by the township
trustees or recommended to be transferred to township
trustees may be located in the community resource centers.
(5) Develop a community education plan to familiarize citizens
with the provision of services by various methods throughout
the county.
(6) Review functions performed in the county by township
trustees under IC 36-6-4-3 and make recommendations
concerning any statutory changes necessary to achieve greater
efficiency and lower costs in the provision of those services.
(7) Identify any services performed by the state under IC 12-8
that should be transferred to or administered jointly with
townships in the county.
(8) Review the operation of small claims courts in the county.
(9) Study and make recommendations concerning the role and
composition of the existing township board structure.
(10) Provide a report before December 31 of each year to the
legislative body of the county containing a consolidated city
and in an electronic format under IC 5-14-6 to the legislative
council.
Sec. 8. (a) The board is abolished December 31, 2008.
(b) This chapter expires January 1, 2009.
departments under IC 36-3-1-6.1, the executive may contract with a
private person to provide regular or emergency ambulance service
within the township. The contract may provide for the imposition and
collection of fees for this service.
(d) Except in a township located in a county having a
consolidated city after the effective date of the consolidation of fire
departments under IC 36-3-1-6.1, the township legislative body may
adopt a resolution to provide for the imposition and collection of fees
for ambulance services provided by the township police or fire
department.
general fund of the special service district.
(d) A special service district or a consolidated fire department
established under IC 36-3-1-6.1 that has paid for the care of a police
officer or firefighter under subsection (a) has a cause of action for
reimbursement of the amount paid under subsection (a) against any
third party against whom the police officer or firefighter has a cause of
action for an injury sustained because of, or an illness caused by, the
third party. The special service district's or consolidated fire
department's cause of action under this subsection is in addition to,
and not in lieu of, the cause of action of the police officer or firefighter
against the third party.
as a member of the fire department of a consolidated city is
considered active service under this chapter;
(6) except as otherwise provided, a full-time fully paid firefighter
who is hired or rehired after the effective date of the consolidation
by a consolidated fire department established under IC 36-3-1-6.1;
(7) a full-time police officer who is covered by this chapter before
the effective date of consolidation and becomes a member of the
consolidated law enforcement department as part of the
consolidation under IC 36-3-1-5.1, provided that the officer's
service as a member of the consolidated law enforcement
department is considered active service under this chapter; and
(8) except as otherwise provided, a full-time police officer who is
hired or rehired after the effective date of the consolidation by a
consolidated law enforcement department established under
IC 36-3-1-5.1;
except as provided by section 7 of this chapter.
local board shall be composed in the same manner described in
IC 36-8-6-2(b). However, if there is not a retired member of the
department, no one shall be appointed to that position until such time
as there is a retired member.
(c) Except as provided in subsection (d), if a unit did not establish
a 1937 fund for its firefighters, a local board shall be composed in the
same manner described in IC 36-8-7-3(b). However, if there is not a
retired member of the department, no one shall be appointed to that
position until such time as there is a retired member.
(d) If a unit located in a county containing a consolidated city
did not establish a 1937 fund for its firefighters and consolidates its
fire department into the fire department of the consolidated city
under IC 36-3-1-6.1 or IC 36-3-1-6.3, the local board is:
(1) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(2) on and after the effective date of the consolidation, the
local board of the consolidated city established under
IC 36-8-7-3.
without making contributions to the 1977 fund for that prior service. In
no event may a police officer or firefighter receive credit for prior years
of service if the police officer or firefighter is receiving a benefit or is
entitled to receive a benefit in the future from any other public pension
plan with respect to the prior years of service.
(c) Except as provided in section 18 of this chapter, a police officer
or firefighter is entitled to credit for all years of service after April 30,
1977, with the police or fire department of an employer covered by this
chapter.
(d) A police officer or firefighter with twenty (20) years of service
does not become a member of the 1977 fund and is not covered by this
chapter, if the police officer or firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981); and
(3) is rehired after April 30, 1977, by the same employer.
(e) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired before May 1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) was rehired after April 30, 1977, but before February 1, 1979;
and
(4) was made, before February 1, 1979, a member of a 1925,
1937, or 1953 fund.
(f) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the police officer or
firefighter:
(1) was hired by the police or fire department of a unit before May
1, 1977;
(2) did not convert under IC 19-1-17.8-7 or IC 19-1-36.5-7 (both
of which were repealed September 1, 1981);
(3) is rehired by the police or fire department of another unit after
December 31, 1981; and
(4) is made, by the fiscal body of the other unit after December
31, 1981, a member of a 1925, 1937, or 1953 fund of the other
unit.
and
(2) shall receive credit for all years of service as a member of
the 1977 fund before the consolidation described in subsection
(k) or (l).
assembly finds that the consolidated city and townships in the
county containing a consolidated city are unique because of their
size, population density, and absence of unincorporated areas.
and when so amended that said bill do pass.