Senate Bill 0482
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DIGEST OF SB482 (Updated February 23, 2009 6:00 pm - DI 84)
Marion County township fire department consolidation. Provides that unless a township in a county containing the consolidated city opts out of consolidation with the consolidated fire department before September 1, 2009, the fire department of: (1) the township; and (2) a fire protection territory in the county containing a consolidated city (if applicable); are consolidated into the fire department of the consolidated city on January 1, 2010. Provides that a transfer of duties between units of government results in the transfer of property, equipment, records, rights, contracts (including labor contracts), and indebtedness. Provides that a firefighter who is a member of the 1937 or 1977 fund remains a member of the same fund after the consolidation. Requires the consolidated fire department to develop a strategic plan to determine resource requirements and resource deployments for the consolidated fire department. Requires the mayor of the consolidated city to establish a professional standards board with responsibility after December 31, 2009, for establishing, validating, and maintaining emergency responder certification and credentialing requirements and procedures. Provides that the requirements and procedures must be in accordance with the National Incident Management System and appropriate national professional standards and certification organizations and boards. Specifies that 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. Requires the mayor of the consolidated city to establish a fire transition authority board, consisting of township board presidents and township trustees of townships that have not consolidated into the consolidated fire department before September 1, 2009. Provides that the transition authority board provides guidance to the director of the department of public safety of the consolidated city regarding the integration of township fire services into the consolidated fire department. Requires the director of the department of public safety to: (1) establish a timeline for townships to integrate into the department; and (2) manage the transition of township board and township trustee responsibilities regarding fire protection and related services to the county. Provides that after the consolidation of a township fire department into the consolidated fire department on January 1, 2010, the assets, equipment, and employees of the township fire department that are transferred to the consolidated city may be used to provide fire protection services only in the township until the fire transition authority board for the township determines that the township fire services have been completely integrated into the consolidated fire department. Provides that before September 1, 2009, the township board of a township may opt out of consolidation into the consolidated fire department if at least five of the seven members of the township board vote in favor of opting out of consolidation. Provides that if a township opts out of consolidation, after August 31, 2009: (1) the annual budget of the township is subject to review and approval by the city-county legislative body; and (2) the township fire department is subject to the review of the professional standards board. Provides that if the professional standards board determines by a majority vote that the township does not meet the National Fire Protection Association consensus standards, the county legislative body shall vote on an ordinance to override the township's decision to opt out of the consolidation into the consolidated fire department. Provides that if the ordinance is approved by a 2/3 affirmative vote of the county legislative body and approved by the mayor, the fire department shall be consolidated into the consolidated fire department. Provides that a township board may by a majority vote, and with the subsequent approval of the county legislative body, override its decision to opt out of the consolidation with the consolidated fire department. Provides that the township board's vote to approve consolidation with the consolidated department may not be rescinded. Exempts from the property tax levy limits any amounts imposed by the consolidated city or the county to fund former township indebtedness. Specifies that the balance in the cumulative building and equipment fund for fire protection and related services of each entity whose fire department is consolidated into the fire department of the consolidated city be transferred to the consolidated city's cumulative building and equipment fund for fire protection and related services. Requires legislative services agency to prepare legislation for the 2010 regular session to organize and correct statutes affected by the bill, if necessary.
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