HB 1105-1_ Filed 02/19/2008, 09:32 Merritt
SENATE MOTION
MADAM PRESIDENT:
I move
that Engrossed House Bill 1105 be amended to read as follows:
SOURCE: Page 11, line 31; (08)MO110503.11. -->
Page 11, between lines 31 and 32, begin a new paragraph and insert:
SOURCE: IC 6-1.1-18.5-22; (08)MO110503.6. -->
"SECTION 6. IC 6-1.1-18.5-22 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
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) an included town under IC 36-3-1-7; or
(B) a:
(i) township; or
(ii) fire protection territory;
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 in 2009, 2010, and 2011 is the sum of:
(1) the maximum levy of the consolidated city for property
taxes first due and payable in 2009 determined without regard
to this section; plus
(2) the amount equal to the combined property tax levies of
each consolidating entity for property taxes first due and
payable in 2008 for fire protection and related services.
(d) The maximum levy for property taxes first due and payable
in 2009 is reduced for each consolidating entity other than a
township by the amount equal to the property tax levy of the
consolidating entity for taxes first due and payable in 2008 for any
services and operations for which responsibility is transferred to
the consolidated city in 2009.
(e) The maximum levy of a consolidating entity that is a
township for the township's firefighting fund for property taxes
first due and payable after 2008 is zero (0).
(f) For purposes of determining the maximum levy for property
taxes first due and payable in 2012 for an entity for which the
maximum levy determined under this section for property taxes
first due and payable in 2011 is greater than zero (0), the maximum
levy to be used in:
(1) STEP ONE of section 3(a) of this chapter; or
(2) STEP ONE of section 3(b) of this chapter;
is the maximum levy determined under this section for the entity
for property taxes first due and payable in 2011.
SOURCE: IC 6-3.5-6-18.5; (08)MO110503.7. -->
SECTION 7. IC 6-3.5-6-18.5, AS AMENDED BY P.L.234-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 18.5. (a) This section applies to a county
containing a consolidated city.
(b) Notwithstanding section 18(e) of this chapter, the distributive
shares that each civil taxing unit in a county containing a consolidated
city is entitled to receive during a month equals the following:
(1) For the calendar year beginning January 1, 1995, calculate the
total amount of revenues that are to be distributed as distributive
shares during that month multiplied by the following factor:
Center Township .0251
Decatur Township .00217
Franklin Township .0023
Lawrence Township .01177
Perry Township .01130
Pike Township .01865
Warren Township .01359
Washington Township .01346
Wayne Township .01307
Lawrence-City .00858
Beech Grove .00845
Southport .00025
Speedway .00722
Indianapolis/Marion County .86409
(2) Notwithstanding subdivision (1),
for the calendar year
beginning January 1, 1995, the distributive shares for each civil
taxing unit in a county containing a consolidated city shall be not
less than the following:
Center Township $1,898,145
Decatur Township $164,103
Franklin Township $173,934
Lawrence Township $890,086
Perry Township $854,544
Pike Township $1,410,375
Warren Township $1,027,721
Washington Township $1,017,890
Wayne Township $988,397
Lawrence-City $648,848
Beech Grove $639,017
Southport $18,906
Speedway $546,000
and subject to subdivisions (4) and (5), after December 31, 2008, in
any month calculate the total amount of revenues that are to be
distributed as distributive shares during that month multiplied by
the following factor:
Center Township 0.02510
Decatur Township 0.00012
Franklin Township 0.00032
Lawrence Township 0.00048
Perry Township 0.00053
Pike Township 0.00000
Warren Township 0.00054
Washington Township 0.00092
Wayne Township 0.01307
Lawrence Civil City 0.00858
Beech Grove Civil City 0.00845
Southport Civil City 0.00025
Speedway City Civil Town 0.00722
Indpls/Marion County 0.93442
(3)
Subject to subdivision (4), for each year after 1995, calculate
the total amount of revenues that are to be distributed as
distributive shares during that month as follows:
STEP ONE: Determine the total amount of revenues that were
distributed as distributive shares during that month in calendar
year 1995.
STEP TWO: Determine the total amount of revenue that the
department has certified as distributive shares for that month
under section 17 of this chapter for the calendar year.
STEP THREE: Subtract the STEP ONE result from the STEP
TWO result.
STEP FOUR: If the STEP THREE result is less than or equal to
zero (0), multiply the STEP TWO result by the ratio established
under subdivision (1).
STEP FIVE: Determine 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 each civil
taxing unit for 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 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.
STEP SIX: If the STEP THREE result is greater than zero (0),
the STEP ONE amount shall be distributed by multiplying the
STEP ONE amount by the ratio established under subdivision
(1).
STEP SEVEN: For each taxing unit determine the STEP FIVE
ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit determine the difference
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.
(4) Subject to subdivision (5), this subdivision applies in any
month in which a consolidation under IC 36-3-1-6 is in effect
after 2009. For each month to which this subdivision applies,
calculate the total amount of revenues that are to be
distributed as distributive shares during that month as follows:
STEP ONE: Determine the total amount of revenues that
were distributed as distributive shares during that month in
2009.
STEP TWO: Determine the total amount of revenue that the
department has certified as distributive shares for that
month under section 17 of this chapter for the calendar year.
STEP THREE: Subtract the STEP ONE result from the
STEP TWO result.
STEP FOUR: If the STEP THREE result is less than or
equal to zero (0), multiply the STEP TWO result by the ratio
established under subdivision (2).
STEP FIVE: Determine 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 each civil
taxing unit for 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 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.
STEP SIX: If the STEP THREE result is greater than zero
(0), the STEP ONE amount shall be distributed by
multiplying the STEP ONE amount by the ratio established
under subdivision (2).
STEP SEVEN: For each taxing unit determine the STEP
FIVE ratio multiplied by the STEP TWO amount.
STEP EIGHT: For each civil taxing unit determine the
difference between the STEP SEVEN amount minus the
product of the STEP ONE amount multiplied by the ratio
established under subdivision (2). 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.
(5) This subdivision applies to Washington and Warren
Townships. Notwithstanding subdivisions (1) and (3) and
subdivisions (2) and (4), a township that entered into an
agreement to consolidate its fire services with the city of
Indianapolis before January 1, 2008, shall receive the
distributive share for a month determined under the
agreement for the term that the agreement governs the
distribution of distributive shares. The amount by which the
distributive share made to a township under the agreement
exceeds the amount that the township would receive under
subdivisions (1) and (3) or subdivisions (2) and (4) reduces
the distributive share that would otherwise be distributed to
Indianapolis/Marion County.".
SOURCE: Page 12, line 13; (08)MO110503.12. -->
Page 12, between lines 13 and 14, begin a new paragraph and
insert:
SOURCE: IC.36-3-1-6.1; (08)MO110503.9. -->
"SECTION 9. IC.36-3-1-6.1, AS AMENDED BY P.L.1-2006,
SECTION 560, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec..6.1. (a)
This section applies only in
a county containing a consolidated city. If the requirements of
subsection (g) are satisfied, The
following fire departments
of the
following are consolidated into the fire department of
a the
consolidated city (referred to as "the consolidated fire department")
on
January 1, 2009:
(1)
The fire department of 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 the county
containing the consolidated city,
regardless of whether the fire
department is operated by the township or by another political
subdivision.
(2)
The fire department of any fire protection territory established
under IC 36-8-19 that is located in a township described in
subdivision (1).
(b)
If the requirements of subsection (g) are satisfied, After
December 31, 2008, the consolidated fire department shall provide fire
protection services within
an entity described in subsection (a)(1) or
(a)(2) in which the requirements of subsection (g) are satisfied on the
date agreed to in the resolution of the township legislative body and t
he
ordinance of the legislative body of the consolidated city. the county
(excluding any excluded city).
(c)
If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, Except as provided in
subsection (n), all of the property, equipment, records, rights, and
contracts of
the each department consolidated into the fire department
of the consolidated city are:
(1) transferred to; or
(2) assumed by;
the consolidated city on the effective date of the consolidation.
However, real property other than real property used as a fire station
may be transferred only on terms mutually agreed to by the legislative
body and mayor of the consolidated city and the trustee and legislative
body of the township in which that real property is located. Any funds
transferred under this subsection to the consolidated city that
represent balances in a cumulative building and equipment fund
for fire protection and related services established under
IC 36-8-14 shall be deposited to the consolidated city's cumulative
building and equipment fund for fire protection and related
services and shall be used by the consolidated city for funding land,
buildings, and equipment for fire protection and emergency
medical services as provided under IC 36-8-14.
(d) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of the consolidated city, The employees of the a fire
department listed in subsection (a) that is 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. 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) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, the indebtedness All
indebtedness, liabilities, claims, and obligations related to fire
protection services incurred before the effective date of the
consolidation by the an entity whose fire department is consolidated
into the consolidated fire department under subsection (a), or 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. 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) Notwithstanding any other law, to assume, defease, pay, or
refund all or part of an indebtedness described in subsection (e),
the consolidated city is not required to comply with any other
statutory procedures or approvals that apply when a unit incurs
indebtedness.
(g) Notwithstanding subsections (e) and (f), the consolidated city
may not assume all or a part of an indebtedness described in
subsection (e) that will exceed the limitations on the amount of
indebtedness that the consolidated city may incur. Notwithstanding
subsection (e), the consolidation of an entity's fire department
under subsection (a) does not affect any cause of action pending
before July 1, 2008, by or against:
(1) an entity whose fire department is consolidated under
subsection (a); or
(2) a building, holding, or leasing corporation on behalf of an
entity;
and shall continue by or against the entities listed in subdivisions
(1) and (2) as if the consolidation had not taken place.
(h) The rights of trustees and bondholders with respect to any:
(1) bonds or other indebtedness described in subsection (e); or
(2) bond resolution, trust agreement or indenture, security
agreement, purchase agreement, or other undertaking with
respect to indebtedness described in subsection (e);
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 those powers, duties,
agreements, and liabilities.
(f) If the requirements of subsection (g) are satisfied and the fire
department of an entity listed in subsection (a) is consolidated into the
fire department of a consolidated city, (i) The merit board and the merit
system of the each fire department that is consolidated into the fire
department of the consolidated city are dissolved on the effective
date of the consolidation, and the duties of the merit board 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 and the legislative body of the
consolidated city adopts 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, 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) (j) The following apply if the requirements of subsection (g) are
satisfied: after a fire department listed in subsection (a) is
consolidated into the fire department of the 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
(B) who, after the consolidation, becomes an employee of the
fire department of a consolidated city under this section;
remains a member of the 1937 fund. The firefighter shall receive
credit for any service as a member of the 1937 fund before the
consolidation to determine the firefighter's eligibility for benefits
under IC 36-8-7.
(4) (3) For property taxes first due and payable in the first
calendar year in which property taxes are first due and payable
based on the consolidation, is effective, the maximum permissible
ad valorem property tax levy under IC 6-1.1-18.5 for:
(A) is increased for the consolidated city; by an amount equal to
the maximum permissible ad valorem property tax levy in the
year preceding the year in which the consolidation is effective
for fire protection and related services by the township whose
fire department is consolidated into the fire department of the
consolidated city under this section; and
(B) is reduced for the township entity whose fire department is
consolidated into the fire department of the consolidated city
under this section; by the amount equal to the maximum
permissible ad valorem property tax levy in the year preceding
the year in which the consolidation is effective for fire protection
and related services for the township.
is determined under IC 6-1.1-18.5-22.
(5) (4) The
amount levied in the year preceding the year in which
the consolidation is effective by the township whose fire
department is consolidated into the fire department of the
consolidated city for balance in the
township's cumulative building
and equipment fund
for fire protection and related services of a
township whose fire department is consolidated into the fire
department of the consolidated city is transferred
on the
effective date of the consolidation to the consolidated city's
cumulative building and equipment fund for fire protection and
related services, which is hereby established. The consolidated city
is exempted from the requirements of IC 36-8-14 and IC 6-1.1-41
regarding establishment of the cumulative building and equipment
fund for fire protection and related services. as provided in
subsection (c).
(6) (5) The local boards for the 1937 firefighters' pension fund and
the 1977 police officers' and firefighters' pension and disability
fund of
the township an entity whose fire department is
consolidated into the fire department of the consolidated 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.
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) (6) The consolidated city may levy property taxes within the
consolidated city's maximum permissible ad valorem property tax
levy limit area served by the consolidated fire department 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
or that
directly benefit the territory of the fire 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) 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 before
March 1 in each of the following two (2) years, to determine:
(A) the amount of any cost savings, operational efficiencies, or
improved service levels; and
(B) any tax shifts among taxpayers;
that result from the consolidation. The independent evaluation and
performance audit must be provided to the legislative council in an
electronic format under IC 5-14-6 and to the state budget
committee.
(k) For a township that consolidated its fire department into the
fire department of the consolidated city before July 1, 2008, this
section and IC 6-3.5-6-18.5 apply to the consolidation to the extent
this section and IC 6-3.5-6-18.5 do not conflict with:
(1) the consolidation ordinances adopted by the consolidated
city and the township; or
(2) any consolidation agreement between the consolidated city
and the township.
(l) Before January 1, 2009, the consolidated fire department shall
develop a strategic plan to determine resource requirements and
resource deployments for the consolidated fire department. The
consolidated fire department shall determine the resource
requirements and resource deployments based on the risk
assessment models promulgated by the Center for Public Safety
Excellence, Inc., or a successor entity. The consolidated fire
department must:
(1) update the strategic plan at least once every three (3) years;
and
(2) annually report to the legislative body of the consolidated
city concerning the implementation of the strategic plan.
(m) An employee of a fire department listed in subsection (a) who
becomes an employee of the consolidated fire department under
subsection (d), becomes an employee of the consolidated fire
department at the merit or permanent rank that the individual
held with the fire department listed in subsection (a) on the last day
that the individual was employed by that department, if the
individual held the merit or permanent rank of captain or below.
(n) This subsection applies to any real property owned by the
township on the effective date of the consolidation that is used by
the township for both civil government purposes and fire
protection and related services. Real property subject to this
subsection remains the property of the township after December
31, 2008. However, the consolidated city may use the real property
for providing fire protection and related services under an
agreement for joint use of the real property by the consolidated
city and the township. A joint use agreement shall contain
reasonable terms regarding the sharing of maintenance and
operating costs.
(o) Notwithstanding any other law, an employee of a fire
department listed under subsection (a) who becomes an employee
of the consolidated city on the effective date of the consolidation is
not required to reside within the consolidated city, the county
having a consolidated city, or a contiguous county if the member
did not reside within these units on the effective date of the
consolidation.
SOURCE: IC.36-3-1-6.2; (08)MO110503.10. -->
SECTION 10. IC.36-3-1-6.2, AS ADDED BY P.L.227-2005,
SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec..6.2. (a) If a consolidated fire department is
established consolidated under section 6.1 of this chapter, the
consolidated city, through the consolidated fire department, shall after
the consolidation establish, operate, and maintain emergency
ambulance services (as defined in IC.16-18-2-107) in the fire special
service district and in those townships in the county that are
consolidated under section 6.1 of this chapter.
(b) This section does not prohibit the providing of emergency
ambulance services by contract or under an interlocal agreement
under IC 36-1-7.
SOURCE: IC 36-3-1-6.4; (08)MO110503.11. -->
SECTION 11. IC 36-3-1-6.4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 6.4. (a) The executive of the consolidated city shall
establish a professional standards board with responsibility after
December 31, 2008, for establishing, validating, and maintaining
emergency responder certification and credentialing requirements
and procedures. The emergency responder certification and
credentialing requirements and procedures must be in accordance
with the National Incident Management System and appropriate
national professional standards and certification organizations and
boards.
(b) The professional standards board shall before January 1,
2009, establish the following for each emergency responder
position within the consolidated fire department:
(1) Minimum initial certification and credentialing
requirements.
(2) Experience and competency requirements.
(3) Continuing education requirements.
(4) Performance criteria.
(5) Recertification requirements.
(c) After December 31, 2008, a subcommittee of the professional
standards board, under the direction of a board certified
emergency physician, is responsible for certification and
credentialing of emergency medical responders.
SOURCE: IC 36-3-7-6; (08)MO110503.12. -->
SECTION 12. IC 36-3-7-6 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 6. Notwithstanding any other law, the consolidated
city may issue obligations to refund obligations issued before the
effective date of a consolidation under IC 36-3-1-6.1 in the name of:
(1) a township;
(2) a fire protection territory; or
(3) a building, holding, or leasing corporation on behalf of a
township or a fire protection territory;
to satisfy the requirements of IC 36-3-1-6.1(e), IC 36-3-1-6.1(f), and
IC 36-3-1-6.1(g).
SOURCE: IC 36-6-1.1; (08)MO110503.13. -->
SECTION 13. IC 36-6-1.1 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]:
Chapter.1.1. Transfer of Township Services
Sec..1. This chapter applies only to a county having a
consolidated city.
Sec. 2. The functions, duties, and responsibilities of the township
trustee and township board with respect to providing fire
protection and related services are transferred to the county on
January 1, 2009.
Sec. 3. The balance on January 1, 2009, in a debt service fund of
a township that relates to debt incurred for firefighting purposes:
(1) is transferred to the county in which the township is
located; and
(2) shall be used by the county to pay indebtedness or lease
rentals for which the fund was established.
Any balance remaining in the fund after all payments for
indebtedness or lease rentals required under this section have been
made is transferred to the county general fund.
Sec. 4. (a) The balance on January 1, 2009, in a township's
firefighting fund:
(1) is transferred to the consolidated city; and
(2) shall be deposited in the general fund of the consolidated
city.
(b) The department of local government finance shall determine
the amounts to be transferred under this section.
(c) IC 36-1-8-5 does not apply to a balance referred to in this
section.
Sec. 5. The maximum permissible ad valorem property tax levy
of the township, the consolidated city, and the county are adjusted
under IC 6-1.1-18.5-22 to reflect the transfers under this chapter.
Sec. 6. After June 30, 2008, a township may not purchase, lease,
sell, convey, exchange, transfer, mortgage, or otherwise dispose of
or encumber property used for fire protection or related services
or any interest in property, land, machinery, or equipment used for
fire protection or related services without the consent of the
director of the department of public safety of the consolidated city.
Sec. 7. After June 30, 2008, a township may not enter into a
contract for services related to the provision of fire protection and
related services if the term of the contract extends after December
31, 2008.
SOURCE: IC 36-6-4-3; (08)MO110503.14. -->
SECTION 14. IC 36-6-4-3, AS AMENDED BY P.L.1-2006,
SECTION 562, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 3. The executive shall do the
following:
(1) Keep a written record of official proceedings.
(2) Manage all township property interests.
(3) Keep township records open for public inspection.
(4) Attend all meetings of the township legislative body.
(5) Receive and pay out township funds.
(6) Examine and settle all accounts and demands chargeable
against the township.
(7) Administer township assistance under IC 12-20 and
IC 12-30-4.
(8) Perform the duties of fence viewer under IC 32-26.
(9) Act as township assessor when required by IC 36-6-5.
(10) Provide and maintain cemeteries under IC 23-14.
(11) Provide fire protection under IC 36-8, except in a township:
that:
(A) that is located in a county having a consolidated city; and
(B) whose fire department is consolidated the township's fire
department under IC 36-3-1-6.1.
(12) File an annual personnel report under IC 5-11-13.
(13) Provide and maintain township parks and community centers
under IC 36-10.
(14) Destroy detrimental plants, noxious weeds, and rank
vegetation under IC 15-3-4.
(15) Provide insulin to the poor under IC 12-20-16.
(16) Perform other duties prescribed by statute.
SOURCE: IC 36-6-4-8; (08)MO110503.15. -->
SECTION 15. IC 36-6-4-8 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. (a) The executive may use the
township's share of state, county, and township tax revenues and
federal revenue sharing funds for all categories of community services,
if these funds are appropriated for these services by the township
legislative body. The executive may use these funds for both operating
and capital expenditures.
(b) With the consent of the township legislative body, the executive
may contract with corporations for health and community services not
specifically provided by another governmental entity.
(c) Except in a township that is located in a county having a
consolidated city and whose fire department has been consolidated
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 that is located in a county having a
consolidated city and whose fire department has been consolidated
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.
SOURCE: IC 36-8-8-2.1; (08)MO110503.16. -->
SECTION 16. IC 36-8-8-2.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 2.1. (a) As used in this
chapter, "local board" means the following:
(1) For a unit that established a 1925 fund for its police officers,
the local board described in IC 36-8-6-2.
(2)
Except as provided in subdivision (3), for a unit that
established a 1937 fund for its firefighters, the local board
described in IC 36-8-7-3.
(3) For a unit that established a 1937 fund for its firefighters
and consolidates its fire department into the fire department
of a consolidated city under IC 36-3-1-6.1:
(A) before the effective date of the consolidation, the local
board described in IC 36-8-7-3; and
(B) on and after the effective date of the consolidation, the
local board of the consolidated city established under
IC 36-8-7-3.
(3) (4) For a consolidated city that established a 1953 fund for its
police officers, the local board described in IC 36-8-7.5-2.
(4) (5) For a unit, other than a consolidated city, that did not
establish a 1925 fund for its police officers or a 1937 fund for its
firefighters, the local board described in subsection (b) or (c).
(b) If a unit did not establish a 1925 fund for its police officers, a
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, 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.
SOURCE: IC 36-8-8-7; (08)MO110503.17. -->
SECTION 17. IC 36-8-8-7, AS AMENDED BY P.L.1-2006,
SECTION 575, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 7. (a) Except as provided in
subsections (d), (e), (f), (g), (h), (k), (l), and (m):
(1) a police officer; or
(2) a firefighter;
who is less than thirty-six (36) years of age and who passes the baseline
statewide physical and mental examinations required under section 19
of this chapter shall be a member of the 1977 fund and is not a member
of the 1925 fund, the 1937 fund, or the 1953 fund.
(b) A police officer or firefighter with service before May 1, 1977,
who is hired or rehired after April 30, 1977, may receive credit under
this chapter for service as a police officer or firefighter prior to entry
into the 1977 fund if the employer who rehires the police officer or
firefighter chooses to contribute to the 1977 fund the amount necessary
to amortize the police officer's or firefighter's prior service liability over
a period of not more than forty (40) years, the amount and the period
to be determined by the PERF board. If the employer chooses to make
the contributions, the police officer or firefighter is entitled to receive
credit for the police officer's or firefighter's prior years of service
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.
If the police officer or firefighter is made a member of a 1925, 1937, or
1953 fund, the police officer or firefighter is entitled to receive credit
for all the police officer's or firefighter's years of service, including
years before January 1, 1982.
(g) As used in this subsection, "emergency medical services" and
"emergency medical technician" have the meanings set forth in
IC 16-18-2-110 and IC 16-18-2-112. A firefighter who:
(1) is employed by a unit that is participating in the 1977 fund;
(2) was employed as an emergency medical technician by a
political subdivision wholly or partially within the department's
jurisdiction;
(3) was a member of the public employees' retirement fund during
the employment described in subdivision (2); and
(4) ceased employment with the political subdivision and was
hired by the unit's fire department due to the reorganization of
emergency medical services within the department's jurisdiction;
shall participate in the 1977 fund. A firefighter who participates in the
1977 fund under this subsection is subject to sections 18 and 21 of this
chapter.
(h) A police officer or firefighter does not become a member of the
1977 fund and is not covered by this chapter if the individual was
appointed as:
(1) a fire chief under a waiver under IC 36-8-4-6(c); or
(2) a police chief under a waiver under IC 36-8-4-6.5(c);
unless the executive of the unit requests that the 1977 fund accept the
individual in the 1977 fund and the individual previously was a
member of the 1977 fund.
(i) A police matron hired or rehired after April 30, 1977, and before
July 1, 1996, who is a member of a police department in a second or
third class city on March 31, 1996, is a member of the 1977 fund.
(j) A park ranger who:
(1) completed at least the number of weeks of training at the
Indiana law enforcement academy or a comparable law
enforcement academy in another state that were required at the
time the park ranger attended the Indiana law enforcement
academy or the law enforcement academy in another state;
(2) graduated from the Indiana law enforcement academy or a
comparable law enforcement academy in another state; and
(3) is employed by the parks department of a city having a
population of more than one hundred twenty thousand (120,000)
but less than one hundred fifty thousand (150,000);
is a member of the fund.
(k) Notwithstanding any other provision of this chapter, a police
officer or firefighter:
(1) who is a member of the 1977 fund before a consolidation under
IC 36-3-1-5.1 or IC 36-3-1-6.1;
(2) whose employer is consolidated into the consolidated law
enforcement department or the fire department of a consolidated
city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
(3) who, after the consolidation, becomes an employee of the
consolidated law enforcement department or the consolidated fire
department under IC 36-3-1-5.1 or IC 36-3-1-6.1;
is a member of the 1977 fund without meeting the requirements under
sections 19 and 21 of this chapter.
(l) Notwithstanding any other provision of this chapter, if:
(1) before a consolidation under IC 8-22-3-11.6, a police officer or
firefighter provides law enforcement services or fire protection
services for an entity in a consolidated city;
(2) the provision of those services is consolidated into the
consolidated law enforcement department or fire department of a
consolidated city under IC 36-3-1-5.1 or IC 36-3-1-6.1; and
(3) after the consolidation, the police officer or firefighter becomes
an employee of the consolidated law enforcement department or
the consolidated fire department under IC 8-22-3-11.6;
the police officer or firefighter is a member of the 1977 fund without
meeting the requirements under sections 19 and 21 of this chapter.
(m) A police officer or firefighter who is a member of the 1977 fund
under subsection (k) or (l):
(1) may not be:
(1) (A) retired for purposes of section 10 of this chapter; or
(2) (B) disabled for purposes of section 12 of this chapter;
solely because of a change in employer under the consolidation;
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).".
SOURCE: Page 14, line 32; (08)MO110503.14. -->
Page 14, between lines 32 and 33, begin a new paragraph and insert:
SOURCE: ; (08)MO110503.22. -->
"SECTION 22. [EFFECTIVE JULY 1, 2008] The general assembly
finds the following:
(1) A consolidated city faces unique budget challenges due to
a high demand for services combined with the large number of
tax exempt properties located in a consolidated city as the seat
of state government, home to several institutions of higher
education, and home to numerous national, state, and regional
nonprofit corporations.
(2) By virtue of its size and population density, a consolidated
city has unique overlapping territories of county, city, and
township government and an absence of unincorporated areas
within its county.
(3) By virtue of its size, population, and absence of
unincorporated areas, development extends to and across the
boundaries of the contiguous governmental territories located
within a county having a consolidated city, thus giving less
meaning to boundaries of the governmental territories located
within the county.
(4) By virtue of its size, population, absence of unincorporated
areas, overlapping territories, and development to and across
the boundaries of contiguous governmental territories, there
is less need for differentiation of local governmental services
within the separate governmental territories located within a
county having a consolidated city, but rather the local
governmental service needs are similar and more uniform
within and across a county having a consolidated city.
(5) The provision of local governmental services by multiple
governmental entities with overlapping territories, and by
governmental entities with contiguous territories with less
meaningful boundaries, results in disparate levels of local
governmental services within a county having a consolidated
city and results in the inefficient and poor use of taxpayer
dollars.
(6) As the state capital and a center for professional sporting
events, tourism, and culture in central Indiana, the
consolidated city faces unique demands for protecting
governmental property and securing the safety of large
numbers of residents and visitors, which require innovative
approaches to public safety resources.
(7) Substantial operational efficiencies, reduction of
administrative costs, and economies of scale may be obtained
in a consolidated city through consolidation of city and
township fire protection and related services and operations.
(8) Consolidation of city and township fire protection and
related services and operations in the consolidated city will
serve the public purpose by allowing the consolidated city to:
(A) eliminate duplicative services;
(B) provide better coordinated and more uniform delivery of
fire protection and related services;
(C) provide more unified tax rates; and
(D) allow fire protection and related services to be provided
more efficiently and at a lower cost than without
consolidation.
(9) Efficient and fiscally responsible operation of local
government benefits the health and welfare of the citizens of a
consolidated city and is of public utility and benefit.
(10) The public purpose of this act is to provide a consolidated
city with the means to provide fire protection and related
services for its citizens in an effective, efficient, and fiscally
responsible manner.
SOURCE: ; (08)MO110503.23. -->
SECTION 23. [EFFECTIVE JULY 1, 2008]
(a) The legislative
services agency shall prepare legislation for introduction in the
2009 regular session of the general assembly to organize and
correct statutes affected by this act, if necessary.
(b) This SECTION expires July 1, 2009.".
Renumber all SECTIONS consecutively.
(Reference is to EHB 1105 as printed February 15, 2008.)
________________________________________
Senator MERRITT