Bill Text: IN HB1211 | 2010 | Regular Session | Introduced
Bill Title: Fire protection territory public question.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Ways and Means [HB1211 Detail]
Download: Indiana-2010-HB1211-Introduced.html
Citations Affected: IC 36-8-19.
Synopsis: Fire protection territory public question. Provides for a
public question to be voted on concerning whether a fire protection
territory that meets certain conditions should be dissolved. Provides
that the public question applies to a fire protection territory: (1) that
was established after December 31, 2007; (2) that consists of the
territory of a municipality and some or all of the township in which the
municipality is located; and (3) in which one or more employees of the
municipality are members of the legislative body of a participating unit
in the fire protection territory.
Effective: Upon passage.
January 7, 2010, read first time and referred to Committee on Ways and Means.
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(1) that was established after December 31, 2007;
(2) that consists of:
(A) the territory of a municipality; and
(B) some or all of the territory of the township in which the municipality is located; and
(3) in which one (1) or more employees of the municipality are members, as of the effective date of this section, of the legislative body of a participating unit in the fire protection territory.
(b) The department of local government finance shall determine which fire protection territories meet the conditions of subsection (a). If a fire protection territory meets the conditions of subsection (a), the department of local government finance shall certify that
fact to the county election board of each county in which the fire
protection territory is located.
(c) The following public question shall be placed on the ballot in
accordance with IC 3-10-9 at the 2010 general election in a fire
protection territory that meets the conditions of subsection (a), as
certified by the department of local government finance:
"Shall the __________ (insert name) Fire Protection Territory
be dissolved, effective January 1, 2011?".
(d) Any costs incurred to place the public question on the ballot
shall be paid by the fire protection territory.
(e) The circuit court clerk shall certify the results of a public
question under this section to:
(1) the executive of the municipality and of the township in
which the fire protection territory is located; and
(2) the department of local government finance.
(f) If the majority of the voters voting on the public question
vote in favor of dissolving the fire protection territory:
(1) the fire protection territory is dissolved effective January
1, 2011; and
(2) the municipality and the township may not establish a new
fire protection territory.
(g) If the majority of the voters voting on the public question
vote against dissolving the fire protection territory, the fire
protection territory is not dissolved under this section. However,
the fire protection territory may be dissolved as otherwise
provided in this chapter.
(1) all participating units withdraw from the fire protection territory as provided in section 13 of this chapter; or
(2) a public question dissolving the fire protection territory is approved under section 14.5 of this chapter.
(b) When a fire protection territory dissolves, title to any real property transferred to the provider unit reverts to the participating unit that transferred the real property to the provider unit.
