Bill Text: IN HB1350 | 2011 | Regular Session | Introduced
Bill Title: Ambulance service territories.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-18 - First reading: referred to Committee on Local Government [HB1350 Detail]
Download: Indiana-2011-HB1350-Introduced.html
Citations Affected: IC 5-22-22-12; IC 6-1.1-18.5-10.5; IC 10-14-3;
IC 36-1-11-5.7; IC 36-8-19.
Synopsis: Ambulance service territories. Authorizes the legislative
bodies of at least two contiguous units to establish an ambulance
service territory in the same manner as a fire protection territory is
established. Amends the fire protection territory statutes to provide an
ambulance service territory with the same powers and duties for
emergency ambulance services or emergency medical services that a
fire protection territory has for fire protection services.
Effective: Upon passage.
January 18, 2011, read first time and referred to Committee on Local Government.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) Fire trucks.
(2) Emergency service vehicles.
(3) Firefighting or emergency services equipment.
(b) As used in this section, "fire department" refers to any of the following:
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection district established under IC 36-8-11.
(3) The provider unit of a fire protection territory established under IC 36-8-19.
(c) Notwithstanding section 4, 4.5, or 5 of this chapter, a governmental body may transfer title of surplus property to:
(1) a fire department for the fire department's use in providing fire
protection or emergency services; or
(2) the provider unit of an ambulance service territory for use
in providing emergency ambulance services or emergency
medical services.
(d) A fire department located in the same county as the
governmental body offering the surplus property for transfer has the
right of first refusal for all surplus property offered. Surplus property
that is refused by the fire departments located in the same county as the
governmental body may be transferred to any fire department in
Indiana or to a provider unit of an ambulance service territory.
(e) A governmental body may transfer title of surplus property to a
fire department or the provider unit of an ambulance service
territory under this section by:
(1) sale;
(2) gift; or
(3) another arrangement acceptable to:
(A) the governmental body; and
(B) the fire department or provider unit.
(1) the assessed value growth quotient determined under section 2 of this chapter; minus
(2) one (1).
(b) The department of local government finance may, under this subsection, increase the maximum permissible ad valorem property tax levy that would otherwise apply to a civil taxing unit under section 3
of this chapter to meet the civil taxing unit's obligations to a fire
protection territory or ambulance service territory established under
IC 36-8-19. To obtain an increase in the civil taxing unit's maximum
permissible ad valorem property tax levy, a civil taxing unit shall
submit a petition to the department of local government finance in the
year immediately preceding the first year in which the civil taxing unit
levies a tax to support the fire protection territory or ambulance
service territory. The petition must be filed before the date specified
in section 12(a)(1) of this chapter of that year. The department of local
government finance shall make a final determination of the civil taxing
unit's budget, ad valorem property tax levy, and property tax rate for the
fire protection territory or ambulance service territory for the
ensuing calendar year. In making its determination under this
subsection, the department of local government finance shall consider
the amount that the civil taxing unit is obligated to provide to meet the
expenses of operation and maintenance of the fire protection services
or the emergency ambulance service or emergency medical service
within the territory, including the participating unit's reasonable share
of an operating balance for the fire protection territory or ambulance
service territory. The department of local government finance shall
determine the entire amount of the allowable adjustment in the final
determination. The department shall order the adjustment implemented
in the amounts and over the number of years, not exceeding three (3),
requested by the petitioning civil taxing unit. However, the department
of local government finance may not approve under this subsection a
property tax levy greater than zero (0) if the civil taxing unit did not
exist as of the March 1 assessment date for which the tax levy will be
imposed. For purposes of applying this subsection to the civil taxing
unit's maximum permissible ad valorem property tax levy in
subsequent calendar years, the department of local government finance
may determine not to consider part or all of the part of the property tax
levy imposed to establish the operating balance of the fire protection
territory or ambulance service territory.
(b) As used in this section, "unit" means the following:
(1) A unit (as defined in IC 36-1-2-23).
(2) A fire protection district established under IC 36-8-11.
(3) A provider unit (as defined in IC 36-8-19-3) acting on behalf
of a fire protection territory or ambulance service territory
established under IC 36-8-19.
(c) A unit may choose not to participate in the statewide mutual aid
program if the unit:
(1) adopts an ordinance or a resolution declaring that the unit will
not participate in the statewide mutual aid program; and
(2) provides a copy of the ordinance or resolution to:
(A) the local emergency management organization that serves
the unit; and
(B) the department.
(d) Each participating unit shall establish an incident management
system and a unified command system to be used in a response to a
disaster or an emergency.
(e) A participating unit may request the assistance of at least one (1)
other participating unit to:
(1) manage disaster response or recovery; or
(2) conduct disaster response or recovery related exercises,
testing, or training.
(f) A request for assistance to a participating unit under subsection
(e) shall be made by and to the executive of the unit or the executive's
authorized representative. A request may be oral or in writing. A
written request shall be made on forms developed by the department.
An oral request shall be confirmed in writing not later than twenty-four
(24) hours after the oral request is made.
(g) A request must include the following information:
(1) A description of the disaster response and recovery functions
for which assistance is needed, including the following:
(A) Fire.
(B) Law enforcement.
(C) Emergency medical.
(D) Transportation.
(E) Communications.
(F) Public works and engineering.
(G) Building inspection.
(H) Planning and information assistance.
(I) Mass care.
(J) Resource support.
(K) Health and other medical services.
(L) Search and rescue.
(2) The amount and type of services, equipment, supplies,
materials, personnel, and other resources needed and a reasonable
estimate of the length of time they will be needed.
(3) The specific place and time for staging of the assisting participating unit's provision of assistance and a point of contact at that location.
(h) A participating unit that is requested to render assistance shall take the necessary action to provide and make available the requested services, equipment, supplies, materials, personnel, and other resources.
(i) A participating unit's obligation to provide assistance is subject to the following restrictions:
(1) A participating unit's request to receive assistance is effective only:
(A) upon declaration of a local disaster emergency by the executive officer of the unit under section 29 of this chapter; or
(B) upon the commencement of the exercises, testing, or training.
(2) The assistance shall continue as long as:
(A) the state of emergency remains in effect and the loaned resources are required by the receiving participating unit or the loaned resources remain in the receiving participating unit; or
(B) the exercises, testing, or training is in progress.
(3) The participating unit rendering the assistance may withhold resources or recall loaned resources to the extent necessary to provide for the participating unit's own reasonable protection.
(4) Emergency forces providing assistance shall continue under the command and control of their regular leaders, but operationally those forces shall be under the control of the incident commander or unified commander designated by the requesting participating unit.
(b) Each participating unit shall provide for the payment of compensation and benefits to:
(1) an injured member; and
(2) a representative of a deceased member;
of the participating unit's emergency forces if the member is injured or killed while rendering assistance under section 10.6 of this chapter in the same manner and on the same terms as if the injury or death were sustained while the member was rendering assistance for or within the member's own unit. Expenses incurred under this subsection are not
reimbursable under subsection (c).
(c) A participating unit rendering assistance for disaster response or
recovery to another participating unit under section 10.6 of this chapter
shall be reimbursed by the participating unit receiving the assistance
for the following:
(1) A loss of, damage to, or expense incurred in the operation of
any equipment in answering the request for assistance, to the
extent the loss, damage, or expense is not covered by a
reimbursement from insurance to the participating unit rendering
assistance.
(2) An expense incurred in the provision of a service in answering
the request for assistance, to the extent the expense is not covered
by a reimbursement from insurance to the participating unit
rendering assistance.
(3) An expense incurred in answering the request for assistance,
to the extent the expense is not covered by a reimbursement from
insurance to the participating unit rendering assistance.
(4) An amount equal to the deductible portion of an insurance
policy used to reimburse all or part of an expense or other cost
described in subdivisions (1) through (3).
(d) Except as provided by an agreement entered into under
subsection (e), the following labor and equipment reimbursement rates
apply to reimbursement under subsection (c):
(1) The labor reimbursement rates are as follows:
(A) The straight time costs of the labor force of the
participating unit rendering assistance shall be reimbursed at
the normal pay rates for responding personnel.
(B) The overtime costs of the labor force of the participating
unit rendering assistance shall be reimbursed at one hundred
fifty percent (150%) of the normal pay rates for the responding
personnel if it is the normal practice of the requesting unit to
pay these personnel overtime.
(2) The equipment reimbursement rates are the lesser of the
following:
(A) The rates for equipment costs reimbursement established
by the Federal Emergency Management Agency or its
successor agency.
(B) The equipment costs established by the participating unit
rendering assistance.
(e) At least two (2) participating units may enter into agreements
establishing a different allocation of loss, damage, expense, or costs
among themselves than that specified in subsections (c) and (d).
(f) Officers and employees of a participating unit rendering assistance to another participating unit under this section shall be considered agents of the requesting participating unit for the purpose of tort liability and immunity.
(g) This section does not prevent any participating unit from entering into a mutual aid or other agreement with another unit, fire protection district, or provider unit (as defined in IC 36-8-19-3) acting on behalf of a fire protection territory or ambulance service territory, or affect any other agreement to which a unit, a fire protection district,
(1) A volunteer fire department (as defined in IC 36-8-12-2).
(2) The board of fire trustees of a fire protection district established under IC 36-8-11.
(3) The provider unit of a fire protection territory established under IC 36-8-19.
(b) Notwithstanding IC 5-22-22 and sections 4, 4.1, 4.2, and 5 of this chapter, a disposing agent of a political subdivision may sell or transfer:
(1) real property; or
(2) tangible or intangible personal property, licenses, or any interest in the tangible or intangible personal property or licenses;
without consideration or for a nominal consideration to a fire department for construction of a fire station or other purposes related to firefighting or to the provider unit of an ambulance service territory for any purposes related to providing emergency ambulance services or emergency medical services.
(1) the fire protection services within the territory, in the case of
a fire protection territory; or
(2) the emergency ambulance services or emergency medical
services within the territory, in the case of an ambulance
service territory.
(1) Fire protection, including the capability for extinguishing all fires that might be reasonably expected because of the types of improvements, personal property, and real property within the boundaries of the territory.
(2) Fire prevention, including identification and elimination of all potential and actual sources of fire hazard.
(3) Other purposes or functions related to fire protection and fire prevention.
(b) Subject to subsections (c) and (d), the legislative bodies of at least two (2) contiguous units may establish an ambulance service territory to provide any of the following:
(1) Emergency ambulance services (as defined in IC 16-18-2-107).
(2) Emergency medical services (as defined in IC 16-18-2-110).
(1) The ordinance or resolution is identical to the ordinances and resolutions adopted by the other units desiring to become a part of the proposed territory.
(2) The ordinance or resolution is adopted after January 1 but before April 1.
(3) The ordinance or resolution authorizes the unit to become a party to an agreement for the establishment of
(4) The ordinance or resolution is adopted after the legislative body holds a public hearing to receive public comment on the proposed ordinance or resolution. The legislative body must give notice of the hearing under IC 5-3-1.
(b) The notice required under this section shall include all of the following:
(1) A list of the provider unit and all participating units in the proposed territory.
(2) The date, time, and location of the hearing.
(3) The location where the public can inspect the proposed ordinance or resolution.
(4) A statement as to whether the proposed ordinance or resolution requires uniform tax rates or different tax rates within the territory.
(5) The name and telephone number of a representative of the unit who may be contacted for further information.
(c) The ordinance or resolution adopted under this section shall include at least the following:
(1) The boundaries of the proposed territory.
(2) The identity of the provider unit and all other participating units desiring to be included within the territory.
(3) An agreement to impose:
(A) a uniform tax rate upon all of the taxable property within the territory for fire protection services (in the case of a fire protection territory) or emergency ambulance services or emergency medical services (in the case of an ambulance service territory); or
(B) different tax rates for fire protection services (in the case of a fire protection territory) or emergency ambulance services or emergency medical services (in the case of an ambulance service territory) for the units desiring to be included within the territory, so long as a tax rate applies uniformly to all of a unit's taxable property within the territory.
(4) The contents of the agreement to establish the territory.
(d) An ordinance or a resolution adopted under this section takes effect July 1 of the year the ordinance or resolution is adopted.
SECTION 443, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8. (a) Upon the adoption of
identical ordinances or resolutions, or both, by the participating units
under section 6 of this chapter, the designated provider unit must
establish:
(1) a fire protection territory fund, in the case of a fire protection
territory; or
(2) an ambulance service territory fund, in the case of an
ambulance service territory;
from which all expenses of operating and maintaining the fire
protection services (in the case of a fire protection territory) or
emergency ambulance services or emergency medical services (in
the case of an ambulance service territory) within the territory,
including repairs, fees, salaries, depreciation on all depreciable assets,
rents, supplies, contingencies, and all other expenses lawfully incurred
within the territory shall be paid. The purposes described in this
subsection are the sole purposes of the fund, and money in the fund
may not be used for any other expenses. Except as allowed in
subsections (d) and (e) and section 8.5 of this chapter, the provider unit
is not authorized to transfer money out of the fund at any time.
(b) The fund consists of the following:
(1) All receipts from the tax imposed under this section for the
territory.
(2) Any money transferred to the fund by the provider unit as
authorized under subsection (d).
(3) Any receipts from a false alarm fee or service charge imposed
by the participating units under IC 36-8-13-4 (in the case of a
fire protection territory).
(4) Any money transferred to the fund by a participating unit
under section 8.6 of this chapter.
(5) Any receipts from a service charge imposed by the
participating units for services provided by the ambulance
service territory (in the case of an ambulance service
territory).
(c) The provider unit, with the assistance of each of the other
participating units, shall annually budget the necessary money to meet
the expenses of operation and maintenance of the fire protection
services (in the case of a fire protection territory) or emergency
ambulance services or emergency medical services (in the case of
an ambulance service territory) within the territory, plus a reasonable
operating balance, not to exceed twenty percent (20%) of the budgeted
expenses. Except as provided in IC 6-1.1-18.5-10.5, after estimating
expenses and receipts of money, the provider unit shall establish the tax
levy required to fund the estimated budget. The amount budgeted under
this subsection shall be considered a part of each of the participating
unit's budget.
(d) If the amount levied in a particular year is insufficient to cover
the costs incurred in providing fire protection services (in the case of
a fire protection territory) or emergency ambulance services or
emergency medical services (in the case of an ambulance service
territory) within the territory, the provider unit may transfer from
available sources to the fire protection territory fund or ambulance
service territory fund the money needed to cover those costs. In this
case:
(1) the levy in the following year shall be increased by the amount
required to be transferred; and
(2) the provider unit is entitled to transfer the amount described
in subdivision (1) from the fund as reimbursement to the provider
unit.
(e) If the amount levied in a particular year exceeds the amount
necessary to cover the costs incurred in providing fire protection
services (in the case of a fire protection territory) or emergency
ambulance services or emergency medical services (in the case of
an ambulance service territory) within the territory, the levy in the
following year shall be reduced by the amount of surplus money that
is not transferred to the equipment replacement fund established under
section 8.5 of this chapter. The amount that may be transferred to the
equipment replacement fund may not exceed five percent (5%) of the
levy for that fund for that year. Each participating unit must agree to
the amount to be transferred by adopting an ordinance (if the unit is a
county or municipality) or a resolution (if the unit is a township) that
specifies an identical amount to be transferred.
(f) The tax under this section is subject to the tax levy limitations
imposed under IC 6-1.1-18.5-10.5.
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.
(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.
(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 (in the
case of a fire protection territory) or emergency ambulance or
emergency medical equipment (in the case of an ambulance
service territory);
(2) incur debt to purchase fire protection equipment (in the case
of a fire protection territory) or emergency ambulance or
emergency medical equipment (in the case of an ambulance
service territory) and impose a property tax to retire the loan; or
(3) transfer an amount from the fire protection territory fund (in
the case of a fire protection territory) or ambulance service
territory fund (in the case of an ambulance service territory)
to the fire equipment replacement fund not to exceed five percent
(5%) of the levy for the fire protection territory fund or
ambulance service 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.
(1) to the fire protection territory fund established under section 8 of this chapter (in the case of a fire protection territory) or the ambulance service territory fund established under section 8 of this chapter (in the case of an ambulance service territory);
(2) to the fire protection territory equipment replacement fund established under section 8.5 of this chapter (in the case of a fire protection territory) or the ambulance service territory equipment replacement fund established under section 8.5 of this chapter (in the case of an ambulance service territory); or
(3)
(A) both the fire protection territory fund and the fire protection territory equipment replacement fund (in the case of a fire protection territory) described in subdivisions (1) and (2); or
(B) both the ambulance service territory fund and the ambulance service territory equipment replacement fund (in the case of an ambulance service territory) described in subdivisions (1) and (2).
(b) An ordinance or a resolution adopted under this section must state both of the following:
(1) The amount of money transferred to either fund.
(2) The source of the money.
(c) The transfer of money from a participating unit to a fire protection territory before July 1, 2008, is legalized.
and equipment for the territory on an installment conditional sale or
mortgage contract running for a period not exceeding:
(1) six (6) years; or
(2) fifteen (15) years for a territory that:
(A) has a total assessed value of sixty million dollars
($60,000,000) or less, as determined by the department of
local government finance; and
(B) is purchasing the firefighting equipment with funding from
the:
(i) state or its instrumentalities; or
(ii) federal government or its instrumentalities.
The purchase shall be amortized in equal or approximately equal
installments payable on January 1 and July 1 each year.
(b) A unit that incurred indebtedness for fire protection services or for emergency ambulance services or emergency medical services before becoming a participating unit under this chapter shall continue to repay that indebtedness by levies within the boundaries of the unit until the indebtedness is paid in full.
(c) A unit that agreed to the borrowing of money to purchase fire protection equipment or emergency ambulance or emergency medical equipment while a participating unit under this chapter shall continue to repay the unit's share of that indebtedness by imposing a property tax within the boundaries of the unit until the indebtedness is paid in full. The department of local government finance shall determine the amount of the indebtedness that represents the unit's fair share, taking into account the equipment purchased, the useful life of the equipment, the depreciated value of the equipment, and the number of years the unit benefited from the equipment.
(b) If an ordinance or a resolution is adopted under subsection (a):
(1) the unit's maximum permissible ad valorem property tax levy with respect to fire protection services (in the case of a fire protection territory) or emergency ambulance services or emergency medical services (in the case of an ambulance service territory) shall be initially increased by the amount of the particular unit's previous year levy under this chapter; and
(2) additional increases with respect to fire protection services levy amounts or emergency ambulance services or emergency medical services levy amounts are subject to the tax levy limitations under IC 6-1.1-18.5, except for the part of the unit's levy that is necessary to retire the unit's share of any debt incurred while the unit was a participating unit.
(1) suffers an injury; or
(2) contracts an illness;
during the performance of the
(b) The provider unit shall pay for the following expenses incurred by
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents and means.
(3) X-ray, diagnostic, and therapeutic service, including during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the fund used by the provider unit for payment of the costs attributable to providing fire protection services (in the case of a fire protection territory) or emergency ambulance services or emergency medical services (in the case of an ambulance service territory) in the provider unit.
(d) A provider unit that has paid for the care of
(b) When a
