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HomeMy WebLinkAbout127972008083036 Received: 12/12/2008 1 :08 :05 PM Recorded: 12/1212008 01:27:29 PM Filed & Recorded in Official Records of PAT O'BRIEN, PULASKI COUNTY CIRCUIT /COUNTY CLERK 1 RESOLUTION NO. 12,797 Fees $20.00 2 3 A RESOLUTION TO SUPPORT THE AMENDMENT OF STATE LAW TO INCREASE 4 THE PERCENTAGE OF THE PREMIUM TAX ALLOCATED TO THE ARKANSAS 5 LOCAL POLICE AND FIRE RETIREMENT SYSTEM (LOPFI); AND FOR OTHER 6 PURPOSES. 7 WHEREAS, the insurance premium tax under Ark. Code Ann. 5 24 -11 -809, and two - thirds (2/3) of 8 insurance premium taxes under Ark. Code Ann. S 24 -11 -301 are directed to fund "Local Police and 9 Firemen's Retirement Programs" ( LOPFI), which funds are allocated to Arkansas cities and towns; and 10 WHEREAS, in recent years the premium tax has not been sufficient to fully and fairly fund all LOPFI 11 programs in all Arkansas cities with the result that some cities and towns have to contribute substantial 12 amounts from general operating monies. In fiscal 2007, the State kept almost twelve million dollars of 13 the premium tax which, with increased retirement demands, resulted in a LOPFI shortfall of twenty - 14 two million dollars; and 15 WHEREAS, there is urgent need for increased revenues and a fair allocation of the available funds. 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE 17 ROCK, ARKANSAS: 18 Section 1. The Board of Directors urges the Legislature: 19 A. To determine and declare that all of the two - thirds portion of collected Premium tax, 20 without deduction, be used for LOPFI as stated in Ark. Code Ann. § 24 -11 -301. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 B. That legislation be introduced and passed to increase the premium tax from 2.5% to 3.0% with this increase to be allocated to local police and firemen's retirement programs. C. That legislation be passed that the insurance premium taxes must be fairly distributed among Arkansas cities and towns based on total payroll of police and fire departments. D. That legislation be passed that future unfunded mandates shall be paid by the State, not by the cities. Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of the resolution which shalt remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the resolution. Section 3. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent with the provisions of this resolution, are hereby repealed to the extent of such inconsistency. ADOPTED: December 2, 2008 Resolution To support increase in premium tax for LOPFI [PAGE 1 OF 21 w cn CouNrt. �//N1111111111 1 ATTEST: 2 3 4 Na cy Wood, ity Clerk 5 6 7 APPROVED AS TO LEGAL FORM: 8 10 Thomas M. Carpenter, City A rn y 11 // 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 [PAGE 2 OF 21 Resolution To support increase in premium tax for LOPH APPROVED- Mark Stodola, Mayor