Introduced Version
SENATE BILL No. 307
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-8-19-6.
Synopsis: Fire protection territories. Codifies and makes permanent
certain additional public hearing and information requirements that
must be satisfied before the legislative body of a local unit can adopt
an ordinance or a resolution to form a fire protection territory. (These
additional requirements were enacted in P.L.172-2011, but under
current law they are temporary and will expire on June 30, 2012.)
Repeals the temporary provision.
Effective: Upon passage.
Hershman
January 5, 2012, read first time and referred to Committee on Local Government.
Introduced
Second Regular Session 117th General Assembly (2012)
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
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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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
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SENATE BILL No. 307
A BILL FOR AN ACT to amend the Indiana Code concerning
taxation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-8-19-6; (12)IN0307.1.1. -->
SECTION 1. IC 36-8-19-6, AS AMENDED BY P.L.47-2007,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 6. (a) To establish a fire protection territory,
the legislative bodies of each unit desiring to become a part of the
proposed territory must adopt an ordinance (if the unit is a county or
municipality) or a resolution (if the unit is a township) that meets the
following requirements:
(1) The ordinance or resolution is identical to the ordinances and
resolutions adopted by the other 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 a fire protection
territory.
(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) Before the legislative body of a unit may adopt an ordinance
or a resolution under this section to form a territory, the legislative
body must hold a public hearing, at least thirty (30) days before
adopting the ordinance or resolution, at which the legislative body
makes available to the public the following information:
(1) The property tax levy, property tax rate, and budget to be
imposed or adopted during the first year of the proposed
territory for each of the units that would participate in the
proposed territory.
(2) The estimated effect of the proposed reorganization in the
following years on taxpayers in each of the units that would
participate in the proposed territory, including the expected
property tax rates, property tax levies, expenditure levels,
service levels, and annual debt service payments.
(3) The estimated effect of the proposed reorganization on
other units in the county in the following years and on local
option income taxes, excise taxes, and property tax circuit
breaker credits.
(4) A description of the planned services and staffing levels to
be provided in the proposed territory.
(5) A description of any capital improvements to be provided
in the proposed territory.
The public hearing required under this subsection is in addition to
the public hearing required under subsection (a)(4).
(b) (c) 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.
(6) The proposed levies and tax rates for each participating
unit.
(c) (d) 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; or
(B) different tax rates for fire protection services 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) (e) An ordinance or a resolution adopted under this section takes
effect July 1 of the year the ordinance or resolution is adopted.
SOURCE: ; (12)IN0307.1.2. -->
SECTION 2. P.L.172-2011, SECTION 163, IS REPEALED
[EFFECTIVE UPON PASSAGE]. SECTION 163. (a) In addition to
any other requirements under IC 36-8-19-6(a), before the legislative
body of a unit that desires to become part of a fire protection territory
may adopt an ordinance or a resolution to form a territory, the
legislative body of the unit must (notwithstanding IC 36-8-19-6(a)) do
the following:
(1) Hold a public hearing at least thirty (30) days before adopting
an ordinance or a resolution to form a territory at which the
legislative body makes available to the public the following
information:
(A) The property tax levy, property tax rate, and budget to be
imposed or adopted during the first year of the territory for
each of the units that would participate in the proposed fire
protection territory.
(B) The estimated effect of the proposed reorganization in the
following years on taxpayers in each of the units that would
participate in the proposed fire protection territory, including
the expected property tax rates, property tax levies,
expenditure levels, service levels, and annual debt service
payments.
(C) The estimated effect of the proposed reorganization to
other units in the county in the following years and to local
option income taxes, excise taxes, and property tax circuit
breaker credits.
(D) A description of the planned services and staffing levels
to be provided in the proposed fire protection territory.
(E) A description of any capital improvements to be provided
in the proposed fire protection territory.
(2) Hold at least one (1) additional public hearing before adopting
an ordinance or a resolution to form a territory to receive public
comment on the proposed ordinance or resolution.
The legislative body must give notice of the hearings under IC 5-3-1.
(b) In addition to the information required by IC 36-8-19-6(b), the
notice required under that section must include the proposed levies and
tax rates for each participating unit.
(c) This SECTION expires June 30, 2012.
SOURCE: ; (12)IN0307.1.3. -->
SECTION 3.
An emergency is declared for this act.