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Senate Bill 0001


Senate Bill 0001

ARCHIVE (2006)

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DIGEST OF SB 1 (Updated March 1, 2006 6:32 pm - DI 73)


Marion County government matters. Provides that after June 30, 2006: (1) a relative of a member of a board, committee, council, or commission or head of a department, an office, or an institution of a Marion County political subdivision may not be employed by the board, committee, council, commission, department, office, or institution or receive compensation as an employee from an appropriation; and (2) an individual may not be in a direct supervisory or subordinate relationship with a relative. Provides that compliance with the statute does not require the termination or reassignment of an employee of a political subdivision from a position held by the employee on and continuously after June 30, 2006. Consolidates the fire departments of the townships, fire protection territories, and the airport authority in Marion County into the fire department of the consolidated city if: (1) the legislative body of the consolidated city adopts an ordinance before August 1, 2006, to consolidate the fire departments and the mayor of the consolidated city approves the ordinance; and (2) a transition plan is adopted before January 1, 2008, by ordinance of the legislative body of the consolidated city and the mayor approves the ordinance. Provides that if the consolidation is approved, it shall be effective January 1, 2008. Specifies, however, that 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. Establishes a procedure for the fire department of an excluded city or town to be consolidated into the fire department of a consolidated city if the legislative body of the excluded city or town and the city-county legislative body adopt substantially similar ordinances authorizing the consolidation. Requires the fire department of a consolidated city to establish, operate, and maintain emergency ambulance services in the fire district served by the consolidated fire department. Establishes the metropolitan board of fire commissioners to: (1) prepare a transition plan; (2) approve all equipment relocations, purchases of more than $50,000, and all station closings; (3) oversee asset reallocations; (4) nominate two candidates for fire chief of the consolidated department (the mayor also nominates a candidate); (5) appoint a member to the merit commission; (6) advise the fire chief regarding the operations of the consolidated department; and (7) perform other tasks. Provides that after review by the board, the mayor shall select the fire chief from the nominated candidates. Provides that if a consolidated fire department is established, the consolidated fire department taxing district ("taxing district") is established in Marion County. Specifies that the taxing district consists of all territory in the county except territory of an excluded city that has not consolidated its fire department. Provides that balances in a township's firefighting cumulative building and equipment fund on January 1, 2008, shall not be transferred to the consolidated city but shall be transferred first to a dedicated township fund and used to pay pension obligations under the 1937 firefighters' pension fund (if the township has any unfunded liability for that pension fund) and if any balance remains after that transfer the remaining balance shall be transferred to any other cumulative fund or rainy day fund established by the township before January 1, 2008. Specifies that the Emergency Services Education Center in Wayne Township and any related debt shall not be transferred to the consolidated city. Provides that during the first four years after consolidation, the total property tax rate imposed by the taxing district in a township may not exceed the property tax rate imposed in the township for fire protection in the year preceding consolidation. Provides that the balances in any rainy day funds established by a township for any purpose are not transferred to the consolidated city. Provides that 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 necessary for the consolidated fire department and for providing fire protection services and emergency ambulance services within the territory of the taxing district. Provides that the tax revenue shall be deposited in a consolidated fire department fund. Specifies that the city controller shall administer the fund and is responsible for the issuance of warrants for payments from the fund. Provides that property taxes to fund the pension obligation for members of the 1937 firefighters fund who are employees or retired employees of the consolidated city when the consolidated fire department is established may be levied only by the existing fire special service district within the territory of the fire special service district and may not be levied by the taxing district. Establishes the initial maximum levy for the taxing district. Reduces the maximum levies of entities that are consolidated into the consolidated fire department. Provides that the property tax levy limits do not apply to property taxes imposed by the consolidated fire department taxing district to pay or fund: (1) any indebtedness of a township assumed by the consolidated city; and (2) any indebtedness issued by the consolidated city 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. Provides that a portion of townships' county option income tax distributive shares are instead paid to the consolidated fire department taxing district. Establishes a firefighting cumulative building and equipment fund for the consolidated fire department. Specifies that in the case of a township or an excluded city that consolidates its fire department: (1) the liability for the payment of pension obligations under the 1937 firefighters' pension 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 that pension obligation may be imposed by the township or excluded city only within the township or excluded city. Creates a township review board in Marion County to review and make recommendations regarding: (1) township duties and the joint provision of services; and (2) fire protection services provided in the county. Provides that the board is abolished December 31, 2008. Provides that a full-time, fully paid firefighter of a fire department, fire protection district, or fire protection territory consolidated into the Indianapolis fire department is entitled to be employed as a full-time, fully paid firefighter of the Indianapolis fire department at not less than the same merit or permanent rank or an equivalent merit or permanent rank that the firefighter held on the later of the effective date of the bill or the date the firefighter fills a vacant position through a merit testing process. Provides that the Marion County auditor (rather than the Indianapolis city controller) must record certain information concerning warrants issued by the auditor. Provides that the signature of the Marion County auditor may not be signed on, imprinted on, or affixed to a warrant for the payment of county or city funds without the approval of the auditor. Specifies that the Marion County auditor may take certain actions assigned by law to the auditor without the approval of the Indianapolis city controller. Specifies that the Marion County auditor is responsible for payroll functions and duties for all city and county departments, offices, and agencies, and the Indianapolis city controller may not perform these functions and duties, except as requested by the auditor. Provides that each elected county officer is responsible for establishing the human resources policies and personnel policies that apply to employees of the county officer, and that these policies may be established without the approval of any other person, except for city-county council approval of compensation of employees. (The introduced version of this bill was prepared by the Marion County consolidation study commission.)



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     Special Order of Business
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