Bill Text: IN SB0408 | 2010 | Regular Session | Introduced
Bill Title: Statewide 911 system and fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-14 - First reading: referred to Committee on Tax and Fiscal Policy [SB0408 Detail]
Download: Indiana-2010-SB0408-Introduced.html
Citations Affected: IC 5-26-1-5; IC 6-3.5; IC 6-8.1-15-13;
IC 24-5-22-10; IC 34-30-2; IC 35-45-5-4.7; IC 36-1-10-2;
IC 36-7-4-405; IC 36-8; IC 36-9-13-3.5.
Effective: July 1, 2010; July 1, 2014.
January 14, 2010, read first time and referred to Committee on Tax and Fiscal Policy.
Digest Continued
and computer facilities district in a county having a consolidated city;
and (2) allow certain other counties to establish a public safety
communications systems district. Provides for the expiration on July 1,
2011, of statutes concerning: (1) the local monthly enhanced
emergency telephone system fee; and (2) the statewide monthly
wireless enhanced 911 fee. Repeals statutes concerning: (1) the
wireless enhanced 911 advisory board; and (2) emergency telephone
notification systems. Specifies that funds remaining in the wireless
emergency telephone system fund on July 1, 2011, are transferred to
the statewide 911 fund. Specifies that funds remaining in: (1) a county
wireless emergency telephone system fund; or (2) a county or
municipal wireline emergency telephone system fund; on July 1, 2011,
are transferred to the county's new 911 fund. Specifies that the funds
transferred must be used first to meet any outstanding obligations
incurred by the county or municipality in connection with its 911
system.
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
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A BILL FOR AN ACT to amend the Indiana Code concerning
public safety and to make an appropriation.
(1) the enhanced emergency telephone system under IC 36-8-16-2 (before its expiration on July 1, 2011); or
(2) the statewide 911 system under IC 36-8-16.6-22.
(1) A police and law enforcement system to preserve public peace and order.
(2) A firefighting and fire prevention system.
(3) Emergency ambulance services (as defined in
IC 16-18-2-107).
(4) Emergency medical services (as defined in IC 16-18-2-110).
(5) Emergency action (as defined in IC 13-11-2-65).
(6) A probation department of a court.
(7) Confinement, supervision, services under a community
corrections program (as defined in IC 35-38-2.6-2), or other
correctional services for a person who has been:
(A) diverted before a final hearing or trial under an agreement
that is between the county prosecuting attorney and the person
or the person's custodian, guardian, or parent and that provides
for confinement, supervision, community corrections services,
or other correctional services instead of a final action
described in clause (B) or (C);
(B) convicted of a crime; or
(C) adjudicated as a delinquent child or a child in need of
services.
(8) A juvenile detention facility under IC 31-31-8.
(9) A juvenile detention center under IC 31-31-9.
(10) A county jail.
(11) A communications system (as defined in IC 36-8-15-3
(before its expiration on July 1, 2014)), or an enhanced
emergency telephone system (as defined in IC 36-8-16-2 (before
its expiration on July 1, 2011)), or the statewide 911 system
(as defined in IC 36-8-16.6-22).
(12) Medical and health expenses for jail inmates and other
confined persons.
(13) Pension payments for any of the following:
(A) A member of the fire department (as defined in
IC 36-8-1-8) or any other employee of a fire department.
(B) A member of the police department (as defined in
IC 36-8-1-9), a police chief hired under a waiver under
IC 36-8-4-6.5, or any other employee hired by a police
department.
(C) A county sheriff or any other member of the office of the
county sheriff.
(D) Other personnel employed to provide a service described
in this section.
(b) If a county council has imposed a tax rate of at least twenty-five
hundredths of one percent (0.25%) under section 24 of this chapter, a
tax rate of at least twenty-five hundredths of one percent (0.25%) under
section 26 of this chapter, or a total combined tax rate of at least
twenty-five hundredths of one percent (0.25%) under sections 24 and
26 of this chapter, the county council may also adopt an ordinance to
impose an additional tax rate under this section to provide funding for
public safety.
(c) A tax rate under this section may not exceed twenty-five
hundredths of one percent (0.25%).
(d) If a county council adopts an ordinance to impose a tax rate
under this section, the county auditor shall send a certified copy of the
ordinance to the department and the department of local government
finance by certified mail.
(e) A tax rate under this section is in addition to any other tax rates
imposed under this chapter and does not affect the purposes for which
other tax revenue under this chapter may be used.
(f) Except as provided in subsection (k), the county auditor shall
distribute the portion of the certified distribution that is attributable to
a tax rate under this section to the county and to each municipality in
the county. The amount that shall be distributed to the county or
municipality is equal to the result of:
(1) the portion of the certified distribution that is attributable to a
tax rate under this section; multiplied by
(2) a fraction equal to:
(A) the attributed allocation amount (as defined in
IC 6-3.5-1.1-15) of the county or municipality for the calendar
year; divided by
(B) the sum of the attributed allocation amounts of the county
and each municipality in the county for the calendar year.
The county auditor shall make the distributions required by this
subsection not more than thirty (30) days after receiving the portion of
the certified distribution that is attributable to a tax rate under this
section. Tax revenue distributed to a county or municipality under this
subsection must be deposited into a separate account or fund and may
be appropriated by the county or municipality only for public safety
purposes.
(g) The department of local government finance may not require a
county or municipality receiving tax revenue under this section to
reduce the county's or municipality's property tax levy for a particular
year on account of the county's or municipality's receipt of the tax
revenue.
(h) The tax rate under this section and the tax revenue attributable
to the tax rate under this section shall not be considered for purposes
of computing:
(1) the maximum income tax rate that may be imposed in a county
under section 2 of this chapter or any other provision of this
chapter;
(2) the maximum permissible property tax levy under STEP
EIGHT of IC 6-1.1-18.5-3(b);
(3) the total county tax levy under IC 6-1.1-21-2(g)(3),
IC 6-1.1-21-2(g)(4), or IC 6-1.1-21-2(g)(5) (before the repeal of
IC 6-1.1-21); or
(4) the credit under IC 6-1.1-20.6.
(i) The tax rate under this section may be imposed or rescinded at
the same time and in the same manner that the county may impose or
increase a tax rate under section 24 of this chapter.
(j) The department of local government finance and the department
of state revenue may take any actions necessary to carry out the
purposes of this section.
(k) Two (2) or more political subdivisions that are entitled to receive
a distribution under this section may adopt resolutions providing that
some part or all of those distributions shall instead be paid to one (1)
political subdivision in the county to carry out specific public safety
purposes specified in the resolutions.
(1) replace the amount, if any, of property tax revenue lost due to the allowance of an increased homestead credit within the county;
(2) fund the operation of a public communications system and computer facilities district as provided in an election, if any, made by the county fiscal body under IC 36-8-15-19(b) (before its expiration on July 1, 2014);
(3) fund the operation of a public transportation corporation as provided in an election, if any, made by the county fiscal body under IC 36-9-4-42;
(4) make payments permitted under IC 36-7-14-25.5 or IC 36-7-15.1-17.5;
(5) make payments permitted under subsection (i);
(6) make distributions of distributive shares to the civil taxing units of a county; and
(7) make the distributions permitted under sections 27, 28, 29, 30, 31, 32, and 33 of this chapter.
(b) The county auditor shall retain from the payments of the county's certified distribution, an amount equal to the revenue lost, if any, due to the increase of the homestead credit within the county. This money shall be distributed to the civil taxing units and school corporations of
the county as though they were property tax collections and in such a
manner that no civil taxing unit or school corporation shall suffer a net
revenue loss due to the allowance of an increased homestead credit.
(c) The county auditor shall retain:
(1) the amount, if any, specified by the county fiscal body for a
particular calendar year under subsection (i), IC 36-7-14-25.5,
IC 36-7-15.1-17.5, IC 36-8-15-19(b) (before its expiration on
July 1, 2014), and IC 36-9-4-42 from the county's certified
distribution for that same calendar year; and
(2) the amount of an additional tax rate imposed under section 27,
28, 29, 30, 31, 32, or 33 of this chapter.
The county auditor shall distribute amounts retained under this
subsection to the county.
(d) All certified distribution revenues that are not retained and
distributed under subsections (b) and (c) shall be distributed to the civil
taxing units of the county as distributive shares.
(e) The amount of distributive shares that each civil taxing unit in
a county is entitled to receive during a month equals the product of the
following:
(1) The amount of revenue that is to be distributed as distributive
shares during that month; multiplied by
(2) A fraction. The numerator of the fraction equals the allocation
amount for the civil taxing unit for the calendar year in which the
month falls. The denominator of the fraction equals the sum of the
allocation amounts of all the civil taxing units of the county for
the calendar year in which the month falls.
(f) The department of local government finance shall provide each
county auditor with the fractional amount of distributive shares that
each civil taxing unit in the auditor's county is entitled to receive
monthly under this section.
(g) Notwithstanding subsection (e), if a civil taxing unit of an
adopting county does not impose a property tax levy that is first due
and payable in a calendar year in which distributive shares are being
distributed under this section, that civil taxing unit is entitled to receive
a part of the revenue to be distributed as distributive shares under this
section within the county. The fractional amount such a civil taxing
unit is entitled to receive each month during that calendar year equals
the product of the following:
(1) The amount to be distributed as distributive shares during that
month; multiplied by
(2) A fraction. The numerator of the fraction equals the budget of
that civil taxing unit for that calendar year. The denominator of
the fraction equals the aggregate budgets of all civil taxing units
of that county for that calendar year.
(h) If for a calendar year a civil taxing unit is allocated a part of a
county's distributive shares by subsection (g), then the formula used in
subsection (e) to determine all other civil taxing units' distributive
shares shall be changed each month for that same year by reducing the
amount to be distributed as distributive shares under subsection (e) by
the amount of distributive shares allocated under subsection (g) for that
same month. The department of local government finance shall make
any adjustments required by this subsection and provide them to the
appropriate county auditors.
(i) Notwithstanding any other law, a county fiscal body may pledge
revenues received under this chapter (other than revenues attributable
to a tax rate imposed under section 30, 31, or 32 of this chapter) to the
payment of bonds or lease rentals to finance a qualified economic
development tax project under IC 36-7-27 in that county or in any other
county if the county fiscal body determines that the project will
promote significant opportunities for the gainful employment or
retention of employment of the county's residents.
(1) A police and law enforcement system to preserve public peace and order.
(2) A firefighting and fire prevention system.
(3) Emergency ambulance services (as defined in IC 16-18-2-107).
(4) Emergency medical services (as defined in IC 16-18-2-110).
(5) Emergency action (as defined in IC 13-11-2-65).
(6) A probation department of a court.
(7) Confinement, supervision, services under a community corrections program (as defined in IC 35-38-2.6-2), or other correctional services for a person who has been:
(A) diverted before a final hearing or trial under an agreement that is between the county prosecuting attorney and the person or the person's custodian, guardian, or parent and that provides for confinement, supervision, community corrections services, or other correctional services instead of a final action described in clause (B) or (C);
(B) convicted of a crime; or
(C) adjudicated as a delinquent child or a child in need of
services.
(8) A juvenile detention facility under IC 31-31-8.
(9) A juvenile detention center under IC 31-31-9.
(10) A county jail.
(11) A communications system (as defined in IC 36-8-15-3
(before its expiration on July 1, 2014)), or an enhanced
emergency telephone system (as defined in IC 36-8-16-2 (before
its expiration on July 1, 2011)), or the statewide 911 system
(as defined in IC 36-8-16.6-22).
(12) Medical and health expenses for jail inmates and other
confined persons.
(13) Pension payments for any of the following:
(A) A member of the fire department (as defined in
IC 36-8-1-8) or any other employee of a fire department.
(B) A member of the police department (as defined in
IC 36-8-1-9), a police chief hired under a waiver under
IC 36-8-4-6.5, or any other employee hired by a police
department.
(C) A county sheriff or any other member of the office of the
county sheriff.
(D) Other personnel employed to provide a service described
in this section.
(b) The county income tax council may adopt an ordinance to
impose an additional tax rate under this section to provide funding for
public safety if:
(1) the county income tax council has imposed a tax rate under
section 30 of this chapter, in the case of a county containing a
consolidated city; or
(2) the county income tax council has imposed a tax rate of at
least twenty-five hundredths of one percent (0.25%) under section
30 of this chapter, a tax rate of at least twenty-five hundredths of
one percent (0.25%) under section 32 of this chapter, or a total
combined tax rate of at least twenty-five hundredths of one
percent (0.25%) under sections 30 and 32 of this chapter, in the
case of a county other than a county containing a consolidated
city.
(c) A tax rate under this section may not exceed the following:
(1) Five-tenths of one percent (0.5%), in the case of a county
containing a consolidated city.
(2) Twenty-five hundredths of one percent (0.25%), in the case of
a county other than a county containing a consolidated city.
(d) If a county income tax council adopts an ordinance to impose a
tax rate under this section, the county auditor shall send a certified
copy of the ordinance to the department and the department of local
government finance by certified mail.
(e) A tax rate under this section is in addition to any other tax rates
imposed under this chapter and does not affect the purposes for which
other tax revenue under this chapter may be used.
(f) Except as provided in subsection (l), the county auditor shall
distribute the portion of the certified distribution that is attributable to
a tax rate under this section to the county and to each municipality in
the county. The amount that shall be distributed to the county or
municipality is equal to the result of:
(1) the portion of the certified distribution that is attributable to a
tax rate under this section; multiplied by
(2) a fraction equal to:
(A) the total property taxes being collected in the county by
the county or municipality for the calendar year; divided by
(B) the sum of the total property taxes being collected in the
county by the county and each municipality in the county for
the calendar year.
The county auditor shall make the distributions required by this
subsection not more than thirty (30) days after receiving the portion of
the certified distribution that is attributable to a tax rate under this
section. Tax revenue distributed to a county or municipality under this
subsection must be deposited into a separate account or fund and may
be appropriated by the county or municipality only for public safety
purposes.
(g) The department of local government finance may not require a
county or municipality receiving tax revenue under this section to
reduce the county's or municipality's property tax levy for a particular
year on account of the county's or municipality's receipt of the tax
revenue.
(h) The tax rate under this section and the tax revenue attributable
to the tax rate under this section shall not be considered for purposes
of computing:
(1) the maximum income tax rate that may be imposed in a county
under section 8 or 9 of this chapter or any other provision of this
chapter;
(2) the maximum permissible property tax levy under STEP
EIGHT of IC 6-1.1-18.5-3(b);
(3) the total county tax levy under IC 6-1.1-21-2(g)(3),
IC 6-1.1-21-2(g)(4), or IC 6-1.1-21-2(g)(5) (before the repeal of
IC 6-1.1-21); or
(4) the credit under IC 6-1.1-20.6.
(i) The tax rate under this section may be imposed or rescinded at the same time and in the same manner that the county may impose or increase a tax rate under section 30 of this chapter.
(j) The department of local government finance and the department of state revenue may take any actions necessary to carry out the purposes of this section.
(k) Notwithstanding any other provision, in Lake County the county council (and not the county income tax council) is the entity authorized to take actions concerning the additional tax rate under this section.
(l) Two (2) or more political subdivisions that are entitled to receive a distribution under this section may adopt resolutions providing that some part or all of those distributions shall instead be paid to one (1) political subdivision in the county to carry out specific public safety purposes specified in the resolutions.
(1) the gross retail tax imposed on mobile telecommunications service under IC 6-2.5-4-6;
(2) the monthly emergency wireless enhanced 911 fee imposed on mobile telecommunications service under IC 36-8-16.5
(3) the statewide 911 fee imposed on communications service under IC 36-8-16.6; and
on bills for mobile telecommunications service issued to customers after July 31, 2002.
(b) This chapter does not apply to:
(1) any tax, charge, or fee levied upon or measured by the net income, capital stock, net worth, or property value of the provider of mobile telecommunications service;
(2) any tax, charge, or fee that is applied to an equitably apportioned amount that is not determined on a transactional basis;
(3) any tax, charge, or fee that:
(A) represents compensation for a mobile telecommunications service provider's use of public rights-of-way or other public property; and
(B) is not levied by the taxing jurisdiction as a fixed charge for each customer or measured by gross amounts charged to customers for mobile telecommunication service;
(4) any generally applicable business and occupation tax that is imposed by the state, is applied to gross receipts or gross proceeds, is the legal liability of the home service provider, and that statutorily allows the home service provider to elect to use the sourcing method required in this section; or
(5) the determination of the taxing situs of:
(A) prepaid telephone calling service; or
(B) air-ground radiotelephone service as defined in Section 22.99 of Title 47 of the Code of Federal Regulations as in effect June 1, 1999.
(1) A person who receives the commercial electronic mail message.
(2) An interactive computer service that handles or retransmits the commercial electronic mail message.
(b) This chapter does not provide a right of action against:
(1) an interactive computer service;
(2) a telephone company; or
(3) a CMRS provider (as defined
whose equipment is used to transport, handle, or retransmit a commercial electronic mail message that violates this chapter.
(c) It is a defense to an action under this section if the defendant shows by a preponderance of the evidence that the violation of this chapter resulted from a good faith error and occurred notwithstanding the maintenance of procedures reasonably adopted to avoid violations of this chapter.
(d) If the plaintiff prevails in an action filed under this section, the plaintiff is entitled to the following:
(1) An injunction to enjoin future violations of this chapter.
(2) Compensatory damages equal to any actual damage proven by the plaintiff to have resulted from the initiation of the commercial
electronic mail message. If the plaintiff does not prove actual
damage, the plaintiff is entitled to presumptive damages of five
hundred dollars ($500) for each commercial electronic mail
message that violates this chapter and that is sent by the
defendant:
(A) to the plaintiff; or
(B) through the plaintiff's interactive computer service.
(3) The plaintiff's reasonable attorney's fees and other litigation
costs reasonably incurred in connection with the action.
(e) A person outside Indiana who:
(1) initiates or assists the transmission of a commercial electronic
mail message that violates this chapter; and
(2) knows or should know that the commercial electronic mail
message will be received in Indiana;
submits to the jurisdiction of Indiana courts for purposes of this
chapter.
(b) This chapter does not provide a right of action against:
(1) an interactive computer service;
(2) a telephone company;
(3) a CMRS provider (as defined in
(4) a cable operator (as defined in 47 U.S.C. 522(5)); or
(5) any other entity that primarily provides connectivity to an operator;
if the entity's equipment is used only to transport, handle, or retransmit information that violates this chapter and is not capable of blocking the retransmission of information that violates this chapter.
(c) It is a defense to an action under this section if the defendant shows by a preponderance of the evidence that the violation of this chapter resulted from a good faith error and occurred notwithstanding the maintenance of procedures reasonably adopted to avoid violating this chapter.
(d) If the plaintiff prevails in an action filed under this section, the plaintiff is entitled to the following:
(1) An injunction to enjoin future violations of this chapter.
(2) Compensatory damages equal to any actual damage proven by the plaintiff to have resulted from the initiation of the commercial electronic mail message. If the plaintiff does not prove actual damage, the plaintiff is entitled to presumptive damages of five hundred dollars ($500) for each commercial electronic mail message that violates this chapter and that is sent by the defendant:
(A) to the plaintiff; or
(B) through the plaintiff's interactive computer service.
(3) The plaintiff's reasonable attorney's fees and other litigation costs reasonably incurred in connection with the action.
(e) A person outside Indiana who:
(1) initiates or assists the transmission of a commercial electronic mail message that violates this chapter; and
(2) knows or should know that the commercial electronic mail message will be received in Indiana;
submits to the jurisdiction of Indiana courts for purposes of this chapter.
"Leasing agent" means the board or officer of a political subdivision or agency with the power to lease structures.
"Parking facility" refers to a parking facility as defined in IC 36-9-1.
"Structure" means:
(1) a building used in connection with the operation of a political subdivision; or
(2) a parking facility.
The term includes the site, the equipment, and appurtenances to the building or parking facility.
"System" means:
(1) a computer (as defined in IC 36-8-15-4) (before its expiration on July 1, 2014);
(2) a communications system (as defined in IC 36-8-15-3(1) (before its expiration on July 1, 2014)); or
(3) mobile or remote equipment that is coordinated by or linked with a computer or communications system.
"Transportation project" means a road or highway project jointly undertaken by the Indiana department of transportation and any county through which a toll road project under IC 8-15-2 passes. A transportation project must be located within an area described in IC 8-15-2-1(a)(3) or IC 8-15-2-1(a)(4).
(1) make recommendations to the legislative body or bodies concerning:
(A) the adoption of the comprehensive plan and amendments to the comprehensive plan;
(B) the adoption or text amendment of:
(i) an initial zoning ordinance;
(ii) a replacement zoning ordinance; and
(iii) a subdivision control ordinance;
(C) the adoption or amendment of a PUD district ordinance (as defined in section 1503 of this chapter); and
(D) zone map changes; and
(2) render decisions concerning and approve plats, replats, and amendments to plats of subdivisions under the 700 series of this chapter.
(b) Each plan commission:
(1) shall assign street numbers to lots and structures;
(2) shall renumber lots and structures; and
(3) if the plan commission does not have the power under an ordinance adopted under subsection (c) to name or rename streets, may recommend the naming and renaming of streets to the executive.
(c) The executive shall name or rename streets. However, a unit may provide by ordinance that the plan commission rather than the executive shall name or rename streets. Streets shall be named or renamed so that their names are easy to understand and to avoid duplication or conflict with other names. The plan commission may, by rule, prescribe a numbering system for lots and structures.
(d) This subsection applies to a plan commission having jurisdiction
in a county with a population of at least four hundred thousand
(400,000). The plan commission shall number structures on highways
within the plan commission's jurisdiction to conform with the numbers
of structures on streets within cities in the county.
(e) This subsection applies to unincorporated areas subject to the
jurisdiction of no plan commission under this article. The county
executive:
(1) must approve the assignment of street numbers to lots and
structures; and
(2) may number or renumber lots and structures and name or
rename streets.
(f) This subsection applies to areas located within a municipality
that are subject to the jurisdiction of no plan commission under this
article. The executive of the municipality:
(1) must approve the assignment of street numbers to lots and
structures; and
(2) may number or renumber lots and structures and name or
rename streets.
(g) An executive acting under subsection (e) or (f) shall name or
rename streets:
(1) so that their names are easy to understand; and
(2) to avoid duplication or conflict with other names.
(h) If streets are named or renamed or lots and structures are
numbered or renumbered under this section, the commission or
executive that makes the naming or numbering decision shall notify:
(1) the circuit court clerk or board of registration;
(2) the administrator of the enhanced emergency telephone
system established under IC 36-8-16 (before its expiration on
July 1, 2011), if any, and the statewide 911 board established
by IC 36-8-16.6-26;
(3) the United States Postal Service; and
(4) any person or body that the commission or executive considers
appropriate to receive notice;
of its action no later than the last day of the month following the month
in which the action is taken.
(i) Each plan commission shall make decisions concerning
development plans and amendments to development plans under the
1400 series of this chapter, unless the responsibility to render decisions
concerning development plans has been delegated under section
1402(c) of this chapter.
[EFFECTIVE JULY 1, 2010]: Sec. 0.5. This chapter expires July 1,
2014.
Chapter 15.1. Public Communications Systems; Transitional Matters
Sec. 1. (a) Notwithstanding the expiration of IC 36-8-15 on July 1, 2014:
(1) a public safety communications systems and computer facilities district created by IC 36-8-15-7(a) (before its expiration on July 1, 2014); and
(2) a public safety communications systems district created under IC 36-8-15-7(b) (before its expiration on July 1, 2014);
remain in existence until such time as all bonds, loans, lease payments, or other obligations that were issued, obtained, or incurred by the district before July 1, 2014, are satisfied according to their terms.
(b) Notwithstanding the expiration of IC 36-8-15-14 on July 1, 2014, all taxable property located within:
(1) a public safety communications systems and computer facilities district created by IC 36-8-15-7(a) (before its expiration on July 1, 2014); and
(2) a public safety communications systems district created under IC 36-8-15-7(b) (before its expiration on July 1, 2014);
remains subject to a special benefits tax under IC 36-8-15-14 (before its expiration on July 1, 2014) until such time as revenue from the tax is no longer needed by the district to satisfy any bonds, loans, lease payments, or other obligations that were issued, obtained, or incurred by the district before July 1, 2014.
(c) Notwithstanding the expiration of IC 36-8-15-18 on July 1, 2014, all property located within a public safety communications systems and computer facilities district in a county having a consolidated city remains subject to a special tax under IC 36-8-15-18 (before its expiration on July 1, 2014) until such time as revenue from the special tax is no longer needed by the district to satisfy any bonds that were issued by the district before July 1, 2014.
(d) Notwithstanding the expiration of IC 36-8-15-19 on July 1, 2014, all property located within a public safety communications systems district in a county not having a consolidated city remains subject to an ad valorem property tax under IC 36-8-15-19(a)
(before its expiration on July 1, 2014) until such time as revenue
from the tax is no longer needed by the district to satisfy any
bonds, loans, lease payments, or other obligations that were issued,
obtained, or incurred by the district before July 1, 2012.
(e) After June 30, 2014:
(1) a public safety communications systems and computer
facilities district created by IC 36-8-15-7(a) (before its
expiration on July 1, 2014); and
(2) a public safety communications systems district created
under IC 36-8-15-7(b) (before its expiration on July 1, 2014);
may not pledge revenue from any bonds issued or taxes levied
under IC 36-8-15 (before its expiration on July 1, 2014) before July
1, 2014.
Sec. 2. Not later than November 1 of each year:
(1) a public safety communications systems and computer
facilities district created by IC 36-8-15-7(a) (before its
expiration on July 1, 2014); and
(2) a public safety communications systems district created
under IC 36-8-15-7(b) (before its expiration on July 1, 2014);
shall report in an electronic format under IC 5-14-6 to the general
assembly whether all bonds, loans, lease payments, or other
obligations that were issued, obtained, or incurred by the district
before July 1, 2014, are satisfied according to their terms. If the
general assembly determines, based on a report submitted under
this subsection, that all bonds, loans, lease payments, or other
obligations that were issued, obtained, or incurred by the district
before July 1, 2014, are satisfied according to their terms, the
general assembly shall introduce legislation during the
immediately following legislative session to repeal this chapter.
(1) except as provided in subsection (c), the lease, purchase, or maintenance of enhanced emergency telephone equipment, including necessary computer hardware, software, and data base provisioning;
(2) the rates associated with the service suppliers' enhanced
emergency telephone system network services;
(3) the personnel expenses of the emergency telephone system;
(4) the lease, purchase, construction, or maintenance of voice and
data communications equipment, communications infrastructure,
or other information technology necessary to provide emergency
response services under authority of the unit imposing the fee;
and
(5) an emergency telephone notification system under
IC
36-8-21.
IC 36-8-16.6-45.
The legislative body of the unit may appropriate money in the fund
only for such an expenditure.
(b) This subsection applies to a county that:
(1) imposes a fee under section 5 of this chapter; and
(2) contains a municipality that operates a PSAP (as defined in
IC 36-8-16.5-13).
Not later than January 31 of each year, the county fiscal body shall
submit to each municipality described in subdivision (2) a report of all
expenditures described in subsection (a) paid during the immediately
preceding calendar year.
(c) The state board of accounts shall audit the expenditures of
emergency telephone system fees made during each of the following
calendar years by each unit that imposed a fee under section 5 of this
chapter during the following calendar years:
(1) The calendar year ending December 31, 2005.
(2) The calendar year ending December 31, 2006.
(3) The calendar year ending December 31, 2007.
Not later than November 1, 2008, the state board of accounts shall
report to the regulatory flexibility committee established by
IC 8-1-2.6-4 on the audits conducted under this subsection.
(d) The state board of accounts annually shall audit the expenditures
of emergency telephone system fees made during the immediately
preceding calendar year by each unit that imposes a fee under section
5 of this chapter. The state board of accounts shall conduct the first
audits required by this subsection with respect to expenditures of
emergency telephone system fees made during the calendar year ending
December 31, 2008.
(e) In conducting the audits required under subsections (c) and (d),
the state board of accounts shall determine whether the expenditures
made by each unit are in compliance with:
(1) subsection (a); and
(2) section 15 of this chapter, as appropriate.
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 18. A service supplier or a telephone company
and its employees, directors, officers, and agents are not liable for any
damages in a civil action for injuries, death, or loss to persons or
property incurred by any person as a result of any act or omission of a
service supplier or a telephone company, or of any of its employees,
directors, officers, or agents, except for willful or wanton misconduct
in connection with developing, adopting, implementing, maintaining,
providing data to, or operating an enhanced emergency telephone
system, including an emergency telephone notification system (as
defined in
IC
36-8-21-1).
IC 36-8-16.6-45).
has the meaning set forth in IC 36-8-16.6-5.
(1) Three cents ($0.03) of the wireless emergency 911 fee collected from each subscriber must be deposited in an escrow account to be used to reimburse:
(A) CMRS providers, PSAPs, and the board for costs associated with implementation of phase two (2) of the FCC order; and
(B) the board for costs associated with other wireless enhanced 911 services mandated by the FCC and specified in the FCC order but not incurred by CMRS providers or PSAPs.
A CMRS provider or a PSAP may recover costs under this chapter if the costs are incurred before July 1, 2005, and invoiced to the board not later than December 31, 2005. The board may
invest money in the account in the manner prescribed by section
23 of this chapter and may use the proceeds of the investments to
reimburse CMRS providers and PSAPs under this subdivision.
(2) At least twenty-five cents ($0.25) of the wireless emergency
911 fee collected from each subscriber must be deposited in an
escrow account and used to reimburse CMRS providers for the
actual costs incurred by the CMRS providers before July 1, 2005,
in complying with the wireless 911 requirements established by
the FCC order and rules that are adopted by the FCC under the
FCC order, including costs and expenses incurred in designing,
upgrading, purchasing, leasing, programming, installing, testing,
or maintaining all necessary data, hardware, and software
required to provide service as well as the costs of operating the
service. The board may invest money in the account in the manner
prescribed by section 23 of this chapter and may use the proceeds
of the investments to reimburse CMRS providers under this
subdivision. The CMRS provider may only request funds for true
cost recovery. The board may increase the amount held in escrow
under this subdivision not more than one (1) time a calendar year.
If the board adjusts the wireless emergency 911 fee under section
26(a) of this chapter within a calendar year, an adjustment to the
amount held in escrow under this subdivision for the calendar
year must be made at that time.
(3) Two percent (2%) of the wireless emergency 911 fee collected
from each subscriber may be used by the board to recover the
board's expenses in administering this chapter. However, the
board may increase this percentage at the time the board may
adjust the monthly fee assessed against each subscriber to allow
for full recovery of administration expenses.
(4) The remainder of the wireless emergency 911 fee collected
from each subscriber must be distributed in the following manner:
(A) The board shall distribute on a monthly basis to each
county containing one (1) or more eligible PSAPs, as
identified by the county in the notice required under section 40
of this chapter, a part of the remainder based upon the county's
percentage of the state's population (as reported in the most
recent official United States census). A county must use a
distribution received under this clause to make distributions to
PSAPs that:
(i) are identified by the county under section 40 of this
chapter as eligible for distributions; and
(ii) accept wireless enhanced 911 service;
for actual costs incurred by the PSAPs in complying with the wireless enhanced 911 requirements established by the FCC order and rules.
(B) The amount of the fee remaining, if any, after the distributions required under clause (A) must be distributed in equal shares between the escrow accounts established under subdivisions (1) and (2).
(b) Notwithstanding the requirements described in subsection (a), the board may transfer money between and among the accounts in subsection (a) in accordance with the following procedures:
(1) For purposes of acting under this subsection, the board must have a quorum consisting of at least one (1) member appointed under
(2) A transfer under this subsection must be approved by the affirmative vote of:
(A) at least fifty percent (50%) of the members present at a duly called meeting of the board who are appointed under
(B)
(3) The board may make transfers only one (1) time during a calendar year.
(4) The board may not make a transfer that:
(A) impairs cost recovery by CMRS providers or PSAPs; or
(B) impairs the ability of the board to fulfill its management and administrative obligations described in this chapter.
(c) If all CMRS providers have been reimbursed for their costs under this chapter, and the fee has been reduced under section 26(c) of this chapter, the board shall manage the fund in the following manner:
(1) One cent ($0.01) of the wireless emergency 911 fee collected from each subscriber may be used by the board to recover the board's expenses in administering this chapter. However, the board may increase this amount at the time the board may adjust the monthly fee assessed against each subscriber to allow for full recovery of administration expenses.
(2) Thirty-eight and three tenths cents ($0.383) of the wireless emergency 911 fee collected from each subscriber must be distributed to each county containing at least one (1) PSAP, as
identified in the county notice required by section 40 of this
chapter. The board shall make these distributions in the following
manner:
(A) The board shall distribute on a monthly basis to each
eligible county thirty-four and four tenths cents ($0.344) of the
wireless emergency 911 fee based upon the county's
percentage of the state's population.
(B) The board shall distribute on a monthly basis to each
eligible county three and nine tenths cents ($0.039) of the
wireless emergency 911 fee equally among the eligible
counties. A county must use a distribution received under this
clause to reimburse PSAPs that:
(i) are identified by the county under section 40 of this
chapter as eligible for distributions; and
(ii) accept wireless enhanced 911 service;
for actual costs incurred by the PSAPs in complying with the
wireless enhanced 911 requirements established by the FCC
order and rules.
(C) The board shall deposit the remainder of the wireless
emergency 911 fee collected from each subscriber into an
escrow account to be used for costs associated with other
wireless enhanced 911 services mandated by the FCC and
specified in the FCC order but not incurred by PSAPs. The
board may invest money in the account in the manner
prescribed by section 23 of this chapter and may use the
proceeds of the investments for costs associated with other
wireless enhanced 911 services mandated by the FCC but not
specified in the FCC order or to make distributions to PSAPs
under this section.
(3) If the fee has been reduced under section 26(c) of this chapter,
the board shall determine how money remaining in the accounts
or money for uses described in subsection (a) is to be allocated
into the accounts described in this subsection or used for
distributions under this subsection.
This subsection does not affect the transfer provisions set forth in
subsection (b).
Chapter 16.6. Statewide 911 Services
Sec. 1. As used in this chapter, "affiliate" has the meaning set forth in IC 23-1-43-1. The term includes a parent company or a subsidiary.
Sec. 2. (a) As used in this chapter, "automatic location identification" means an enhanced 911 service capability that enables the transmission of information concerning the location of a person who accesses the statewide 911 system.
(b) In the case of a 911 call placed from a wireless telephone, the term includes both:
(1) information on the location of the cell site or base station transmitting the call, as required under Phase I of the FCC Order; and
(2) more precise information on the caller's location, including the location of the caller by latitude and longitude within the accuracy requirements specified by the Federal Communications Commission under Phase II of the FCC Order.
(c) In the case of a 911 call placed by a subscriber of interconnected VOIP service, the term refers to the subscriber's registered location (as defined in 47 CFR 9.3).
Sec. 3. As used in this chapter, "automatic number identification" means an enhanced 911 service capability that enables the transmission and display of the ten (10) digit telephone number used to access a PSAP through the statewide 911 system.
Sec. 4. As used in this chapter, "board" refers to the statewide 911 board established by section 26 of this chapter.
Sec. 5. (a) As used in this chapter, "CMRS" refers to commercial mobile radio service (as defined in 47 CFR 20.3).
(b) The term includes the following:
(1) Services commonly referred to as wireless.
(2) Services provided by a wireless real time two-way voice communication device, including radio-telephone communications used in:
(A) cellular telephone service;
(B) personal communications service; or
(C) the functional or competitive equivalent of a radio-telephone communications line used in:
(i) cellular telephone service;
(ii) a personal communications service; or
(iii) a network radio access line.
(3) Any other wireless service that provides access to a PSAP for purposes of the statewide 911 system.
Sec. 6. As used in this chapter, "CMRS provider" means a provider that offers CMRS to subscribers in Indiana.
Sec. 7. (a) As used in this chapter, "communications service" means any service or device that:
(1) uses telephone numbers or IP addresses or their functional equivalents or successors;
(2) is capable of accessing, connecting with, or interfacing with a 911 system by dialing, initializing, or otherwise activating the 911 system regardless of the transmission medium or technology employed;
(3) provides or enables real time or interactive communications; and
(4) is either prepaid or postpaid by the subscriber or user.
(b) The term includes the following:
(1) Internet protocol enabled services and applications that are provided through wireline, cable, wireless, or satellite facilities, or any other facility or platform that is capable of connecting a 911 call to a PSAP.
(2) A multiline telephone system.
(3) CMRS.
(4) Interconnected VOIP service and voice over power lines.
Sec. 8. As used in this chapter, "executive director" means the executive director of the board.
Sec. 9. (a) As used in this chapter, "FCC order" refers to the order of the Federal Communications Commission, FCC Docket No. 94-102, adopted June 12, 1996, with an effective date of October 1, 1996.
(b) The term includes any rules, regulations, and consent decrees adopted by the Federal Communications Commission to implement the order described in subsection (a).
Sec. 10. As used in this chapter, "fund" refers to the statewide 911 fund established by section 31 of this chapter.
Sec. 11. As used in this chapter, "interconnected VOIP service" has the meaning set forth in 47 CFR 9.3.
Sec. 12. As used in this chapter, "local exchange carrier" has the meaning set forth in 47 U.S.C. 153(26).
Sec. 13. As used in this chapter, "multiline telephone system" means a voice communications service system that includes the following:
(1) Common control units.
(2) Telephone sets.
(3) Control hardware and software.
(4) Adjunct systems.
The term includes network and premises based systems as classified by FCC Part 68 Requirements.
Sec. 14. As used in this chapter, "prepaid 911 fee" means the fee that is imposed on and collected from a prepaid user under section 37 of this chapter.
Sec. 15. As used in this chapter, "prepaid communications service" means a right:
(1) to purchase communications service, either exclusively or in conjunction with other services;
(2) that must be paid for in advance; and
(3) that is sold in:
(A) units; or
(B) dollar amounts;
that decline with use and that are known on a continuous basis.
Sec. 16. As used in this chapter, "prepaid user" refers to a user of prepaid communications service who:
(1) is issued an Indiana telephone number or an Indiana identification number for the service; or
(2) purchases prepaid communications service in a retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).
Sec. 17. As used in this chapter, "proprietary information" includes the following:
(1) Customer lists and related information.
(2) Technology descriptions, technical information, or trade secrets (as defined in IC 24-2-3-2).
(3) Information concerning the actual or developmental costs of 911 systems that are developed, produced, or received internally by a provider or by a provider's employees, directors, officers, or agents.
Sec. 18. (a) As used in this chapter, "provider" means a person or entity, or an affiliate of a person or an entity, that:
(1) offers communications service to users in Indiana; and
(2) provides, or is required by the Federal Communications Commission to provide, a user with direct access to a PSAP through the statewide 911 system.
(b) The term includes the following:
(1) Facilities based and nonfacilities based resellers of communications service.
(2) Any other provider of communications service through wireline or wireless means, regardless of whether the provider is subject to regulation by the Indiana utility regulatory commission.
Sec. 19. As used in this chapter, "PSAP" refers to a public safety answering point:
(1) that operates on a twenty-four (24) hour basis; and
(2) whose primary function is to receive incoming emergency requests for assistance and relay those requests to an appropriate responding public safety agency.
Sec. 20. As used in this chapter, "retail transaction" means the purchase of prepaid communications service from a seller for any purpose other than resale.
Sec. 21. As used in this chapter, "seller" means a person that sells prepaid communications service to another person. The term includes a provider of prepaid communications service.
Sec. 22. As used in this chapter, "standard user" refers to a user of communications service who pays retrospectively for the service and has an Indiana billing address for the service.
Sec. 23. (a) As used in this chapter, "statewide 911 system" means a communications system that uses the three (3) digit number 911 to send automatic number identification and automatic location identification, or the functional equivalents or successors of automatic number identification and automatic location identification, for reporting emergency situations.
(b) The term includes the following:
(1) A wireline enhanced emergency telephone system funded under IC 36-8-16 (before its expiration on July 1, 2011).
(2) A wireless 911 emergency telephone system funded under IC 36-8-16.5 (before its expiration on July 1, 2011).
(3) An emergency telephone notification system established under IC 36-8-21-4.
Sec. 24. As used in this chapter, "user" refers to:
(1) a standard user of communications service;
(2) a prepaid user of communications service; or
(3) any other person that uses a communications service to access the statewide 911 system.
Sec. 25. As used in this chapter, "VOIP provider" means a provider that offers interconnected VOIP service to subscribers in Indiana.
Sec. 26. (a) The statewide 911 board is established to develop, implement, and oversee the statewide 911 system. The board is a
body corporate and politic, and though it is separate from the state,
the exercise by the board of its powers constitutes an essential
governmental function.
(b) The following recommendations must be made to the
governor concerning the membership of the board:
(1) The executive committees of:
(A) the Indiana chapter of the National Emergency
Number Association (NENA); and
(B) the Indiana chapter of the Association of Public Safety
Communication Officials International (APCO);
shall jointly recommend three (3) individuals. Each individual
recommended under this subdivision must be an employee of
a PSAP.
(2) The CMRS providers authorized to provide CMRS in
Indiana shall jointly recommend one (1) individual.
(3) The Indiana Association of County Commissioners shall
recommend one (1) individual.
(4) The Indiana Sheriffs' Association shall recommend one (1)
individual.
(5) The Indiana Telephone Association shall recommend two
(2) individuals as follows:
(A) One (1) individual representing a local exchange
carrier that serves less than fifty thousand (50,000) local
exchange access lines in Indiana.
(B) One (1) individual representing a local exchange
carrier that serves at least fifty thousand (50,000) local
exchange access lines in Indiana.
(6) The Indiana Cable Telecommunications Association shall
recommend one (1) individual.
(c) The board consists of the following eleven (11) members:
(1) The treasurer of state or the treasurer's designee. The
treasurer of state or the treasurer's designee is chairperson of
the board for a term concurrent with the treasurer of state's
term of office. However, the treasurer of state's designee
serves at the pleasure of the treasurer of state.
(2) Three (3) members for a term of three (3) years who are
appointed by the governor after considering the
recommendations of the executive committees of NENA and
APCO that are submitted under subsection (b)(1). A member
appointed under this subdivision must have budget experience
at the local level.
(3) One (1) CMRS member who is appointed by the governor after considering the recommendation of the CMRS providers that is submitted under subsection (b)(2). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (6), (7), (8), or (9).
(4) One (1) county commissioner member appointed by the governor after considering the recommendation of the Indiana Association of County Commissioners that is submitted under subsection (b)(3).
(5) One (1) county sheriff member appointed by the governor after considering the recommendation of the Indiana Sheriffs' Association that is submitted under subsection (b)(4).
(6) One (1) local exchange carrier member that serves less than fifty thousand (50,000) local exchange access lines in Indiana appointed by the governor after considering the recommendation of the Indiana Telephone Association under subsection (b)(5)(A). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (7), (8), or (9).
(7) One (1) local exchange carrier member that serves at least fifty thousand (50,000) local exchange access lines in Indiana appointed by the governor after considering the recommendation of the Indiana Telephone Association under subsection (b)(5)(B). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (6), (8), or (9).
(8) One (1) VOIP provider who is appointed by the governor after considering the recommendation of the Indiana Cable Telecommunications Association under subsection (b)(6). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (6), (7), or (9).
(9) One (1) member from the public appointed by the governor. A member appointed under this subdivision may not be employed by or otherwise affiliated with the same business entity as a member appointed under subdivision (3), (6), (7), or (8).
(d) This subsection applies to a member appointed by the governor under subsection (c)(2) through (c)(9). The governor shall ensure that the terms of the initial members appointed by the governor are staggered so that the terms of not more than four (4)
members expire in a single calendar year. After the initial
appointments, subsequent appointments shall be for three (3) year
terms. A vacancy on the board shall be filled for the vacating
member's unexpired term in the same manner as the original
appointment, and a member of the board is eligible for
reappointment. In making an appointment under subsection (c)(2)
through (c)(9), the governor shall take into account the various
geographical areas of Indiana, including rural and urban areas. A
member appointed by the governor serves at the pleasure of the
governor.
(e) This subsection applies to a member appointed under
subsection (c)(2) through (c)(9). A member shall submit the name
of a designee to the board. The board shall maintain a list of
approved designees. A member may appoint a listed designee to fill
the member's position under subsection (c) or to act on behalf of
the member at a meeting of the board. The designee serves at the
pleasure of the appointing member.
(f) A member or a designee must be a resident of Indiana.
(g) A member or a designee may vote by proxy.
Sec. 27. A majority of the members of the board constitutes a
quorum for purposes of taking action.
Sec. 28. (a) Each member of the board who is not a state
employee is not entitled to receive the minimum salary per diem
provided by IC 4-10-11-2.1(b). The member is, however, entitled to
reimbursement for traveling expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state policies and
procedures established by the Indiana department of
administration and approved by the budget agency.
(b) Each member of the board who is a state employee is entitled
to reimbursement for travel expenses as provided under
IC 4-13-1-4 and other expenses actually incurred in connection
with the member's duties as provided in the state travel policies
and procedures established by the Indiana department of
administration and approved by the budget agency.
Sec. 29. The board may do the following to implement this
chapter:
(1) Sue and be sued.
(2) Adopt and alter an official seal.
(3) Adopt and enforce bylaws and rules for:
(A) the conduct of board business; and
(B) the use of board services and facilities.
(4) Acquire, hold, use, and otherwise dispose of its income, revenues, funds, and money.
(5) Enter into contracts, including contracts:
(A) for professional services;
(B) for purchase of supplies or services; and
(C) to acquire office space.
(6) Hire staff.
(7) Adopt rules under IC 4-22-2 to implement this chapter.
(8) Develop, maintain, and update a statewide 911 plan.
(9) Administer the statewide 911 fund established by section 31 of this chapter.
(10) Administer and distribute the statewide 911 fee in accordance with section 42 of this chapter.
(11) Take other necessary or convenient actions to implement this chapter that are not inconsistent with Indiana law.
Sec. 30. (a) The treasurer of state shall appoint an executive director of the board to do the following:
(1) Administer, manage, and direct employees of the board.
(2) Approve salaries and allowable expenses for board members, employees, and consultants.
(3) Attend board meetings and record all proceedings of the board. However, the executive director is not considered a member of the board for any purpose, including voting or establishing a quorum.
(4) Maintain books, documents, and papers filed with the board, including minutes.
(5) Perform other duties as directed by the board.
The treasurer of state shall determine the salary and other compensation of the executive director.
(b) An executive director appointed under subsection (a) must have at least three (3) years executive experience with a 911 system.
Sec. 31. (a) The statewide 911 fund is established for the purpose of creating and maintaining a uniform statewide 911 system. The board shall administer the fund. The expenses of administering the fund must be paid from money in the fund.
(b) The fund consists of the following:
(1) The statewide 911 fee assessed on users under section 34 of this chapter.
(2) Appropriations made by the general assembly.
(3) Grants and gifts intended for deposit in the fund.
(4) Interest, premiums, gains, or other earnings on the fund.
(5) Money from any other source that is deposited in or transferred to the fund.
(c) The board may invest money in the fund in the same manner as other funds of the state may be invested under IC 5-13. In addition, the board may invest money in the fund in any of the following:
(1) Corporate bonds, notes, and debentures, subject to the following conditions:
(A) Maximum participation in any issue is limited to seven percent (7%) of the total issue.
(B) The board shall establish minimum quality rating standards and maximum purchase amount standards for corporate issues.
(2) Investments maturing in one (1) year or less, subject to the following conditions:
(A) These investments must be:
(i) Prime-1 commercial paper; and
(ii) banker's acceptance approved by banks' trust investment committees.
(B) The maximum amount may not exceed fifty percent (50%) of the fund.
(d) Whenever the quality, maturity, and yield of an investment in an Indiana corporation or in a corporation that does business in Indiana are equal to or better than similar investments in other corporations, preference shall be given to investment in the Indiana corporation or in the corporation that does business in Indiana.
(e) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(f) Money in the fund is continuously appropriated for the purposes of the fund.
Sec. 32. (a) The board shall select a third party to audit the fund on an annual basis to determine whether the fund is being managed in accordance with this chapter.
(b) Every year, the board shall review 911 service in Indiana, including the collection, disbursement, and use of the statewide 911 fee assessed under section 34 of this chapter. The purpose of the review is to ensure that the statewide 911 fees:
(1) do not exceed the amount reasonably necessary to provide adequate and efficient 911 service; and
(2) are used only for the purposes set forth in this chapter.
Sec. 33. The board may retain an independent, third party accounting firm or fiscal agent for purposes of processing checks and distributing funds as directed by the board and as allowed by this chapter. The board shall pay for these services as an administrative cost of the board.
Sec. 34. (a) Beginning July 1, 2011, the board shall assess a statewide 911 fee on each user at rates that:
(1) ensure full recovery of the amount needed for the board to make distributions to PSAPs consistent with this chapter; and
(2) provide for proper development, operation, and maintenance of a statewide 911 system.
The board may use a different formula or calculation to determine the rate assessed on prepaid or standard users.
(b) The board may increase or decrease the statewide 911 fee not more than two (2) times in a calendar year to ensure adequate revenue for the board to fulfill its duties and obligations under this chapter.
(c) An additional fee relating to the provision of 911 service may not be levied by a state agency or local unit of government.
Sec. 35. (a) Except as provided in subsection (b), the statewide 911 fee assessed under section 34 of this chapter shall be collected and remitted as follows:
(1) For standard users, as provided in section 36 of this chapter.
(2) For prepaid users, as provided in section 37 of this chapter.
(b) A user that is the federal government or an agency of the federal government is exempt from the statewide 911 fee assessed under section 34 of this chapter.
Sec. 36. (a) This section applies beginning July 1, 2011. As part of its normal monthly billing process, a provider:
(1) shall collect the fee from each standard user having a place of primary use in Indiana, as determined in the manner provided by IC 6-8.1-15; and
(2) may list the fee as a separate line item on each bill.
If a provider receives a partial payment for a monthly bill from a standard user, the provider shall apply the payment against the amount the standard user owes to the provider before applying the payment against the fee. A provider may not prorate the monthly 911 fee collected from a user.
(b) Subject to subsection (c), a provider shall remit statewide 911 fees collected under this section to the board at the time and in the manner prescribed by the board.
(c) A provider may deduct and retain an amount not to exceed one percent (1%) of statewide 911 fees that the provider collects from standard users to reimburse the direct costs incurred by the provider in collecting and remitting statewide 911 fees.
Sec. 37. (a) This section applies beginning July 1, 2011. A seller shall collect the statewide 911 fee from the prepaid user with respect to each retail transaction.
(b) The seller shall disclose to the prepaid user the amount of the statewide 911 fee. The seller may separately state the amount of the statewide 911 fee on an invoice, a receipt, or a similar document that the seller provides to the prepaid user in connection with the retail transaction.
(c) Subject to subsection (f), a seller shall remit statewide 911 fees collected under this section to the board at the time and in the manner prescribed by the board.
(d) The statewide 911 fee is the liability of the prepaid user and not of the seller. However, a seller is liable to remit to the board all prepaid 911 fees that the seller collects from prepaid users under this section, including all fees that the seller is considered to collect where the amount of the fee has not been separately stated on an invoice, receipt, or other similar document provided to the prepaid user by the seller.
(e) A seller may deduct and retain an amount not to exceed one percent (1%) of statewide 911 fees that the seller collects from prepaid users to reimburse the direct costs incurred by the seller in collecting and remitting statewide 911 fees.
(f) The board, in conjunction with the department of state revenue, shall establish procedures by which a seller may document that a sale of prepaid communications service is not a retail transaction.
(g) A seller of prepaid communications service is not liable for damages to a person resulting from or incurred in connection with the following:
(1) Providing or failing to provide 911 or wireless 911 services.
(2) Identifying or failing to identify the telephone number, address, location, or name associated with a person or device that accesses or attempts to access 911 or wireless 911 service.
(3) Providing lawful assistance to an investigative or law enforcement officer of the United States, a state, or a political subdivision of a state in connection with a lawful investigation or other law enforcement activity by the law enforcement officer.
Sec. 38. (a) Subject to subsection (b), the board shall deposit all remitted statewide 911 fees in the fund.
(b) The board may deduct and retain an amount not to exceed one percent (1%) of remitted statewide 911 fees to reimburse the direct costs incurred by the board in administering the collection and remittance of statewide 911 fees.
Sec. 39. Collection of the statewide 911 fee is the liability of the seller or provider, as applicable. The seller or provider is liable to remit all statewide 911 fees collected from users, including all fees a seller is considered to collect if the amount of the fee has not been separately stated on an invoice, receipt, or other similar document provided to a prepaid user by a seller.
Sec. 40. The amount of a statewide 911 fee that is collected by a seller or provider from a user, whether separately stated on an invoice, receipt, or other document, may not be included in the base for measuring any tax, surcharge, or other charge, that is imposed by the state, a political subdivision, or other government agency.
Sec. 41. The following are not required to take legal action to enforce the collection of the 911 fee for which a user is billed:
(1) A provider.
(2) A seller.
However, the board may initiate a collection action. A court finding for the board in the action may award reasonable costs and attorney fees associated with the collection action.
Sec. 42. The board shall administer the fund in the following manner:
(1) The board may use two percent (2%) of the statewide 911 fees deposited in the fund to recover the board's expenses in administering this chapter. However, the board may increase or decrease this percentage to allow for full recovery of administration expenses.
(2) The board shall distribute the remainder of the statewide 911 fees deposited in the fund to each PSAP in an amount determined by the board. In determining a distribution under this subdivision, the board shall consider the following:
(A) For a distribution during the fiscal year beginning July 1, 2011, the amount of 911 fee revenue the PSAP received during the fiscal year ending June 30, 2011.
(B) For a distribution during a fiscal year beginning after June 30, 2012, the costs incurred by the PSAP related to 911 services provided by the PSAP during the immediately preceding fiscal year.
The board may not distribute money in the fund in a manner that impairs the ability of the board to fulfill its management and administrative obligations under this chapter.
Sec. 43. (a) A PSAP may use a distribution under section 42(2) of this chapter only for the following:
(1) Expenses associated with communications service equipment located within the physical structure that houses a PSAP, including:
(A) maintenance costs;
(B) costs for the purchase of radio equipment; and
(C) costs for the purchase or lease of telephone lines, fiber optic cables, or microwave links.
(2) Necessary system hardware and software and data base equipment.
(3) Personnel expenses, including wages, benefits, training, and continuing education.
(4) Consumer education concerning 911 service.
(5) Operational costs, including costs associated with:
(A) utilities;
(B) maintenance;
(C) equipment designed to provide backup power or system redundancy, including generators; and
(D) call logging equipment.
(6) An emergency telephone notification system under section 45 of this chapter.
(7) Connectivity to the Indiana data communications system (IDACS).
(8) Other expenses approved by the board.
(b) A PSAP may not use a distribution under section 42(2) of this chapter for the following:
(1) Construction, purchase, renovation, or furnishing of PSAP buildings.
(2) Vehicles.
(3) Mobile radio equipment.
(4) Portable communications equipment.
(c) Beginning March 1, 2012, and not later than March 1of each year thereafter, each PSAP shall submit to the board a report of all expenditures made during the immediately preceding calendar year from distributions under section 42(2) of this chapter.
(d) The state board of accounts annually shall audit the expenditures of distributions under section 42(2) of this chapter made during the immediately preceding calendar year by each PSAP that receives distributions under section 42(2) of this chapter. In conducting an audit under this subsection, the state board of accounts shall determine, in conjunction with the board, whether the expenditures made by each PSAP are in compliance with subsections (a) and (b).
(e) A distribution under section 42(2) of this chapter must be deposited by the treasurer of the county in which the PSAP is located in a separate fund set aside for the purposes allowed by subsections (a) and (b). The fund must be known as the ________ (insert name of county) 911 fund. The county treasurer may invest money in the fund in the same manner that other money of the county may be invested, but income earned from the investment must be deposited in the fund set aside under this subsection.
Sec. 44. (a) In cooperation with the board, a provider shall designate a person to coordinate with and provide all relevant information to the board to assist the board in carrying out its duties under this chapter.
(b) A provider shall provide the automatic number identification and any other information, including updates, required by the board to the county, the municipality, an authorized agent of a county or municipality, or the board or its authorized agent for purposes of establishing and maintaining a 911 system data base. The board may use confidential information received under this subsection solely for the purpose of providing statewide 911 service.
Sec. 45. (a) As used in this section, "emergency telephone notification system" means an enhanced 911 system capability that provides service users within the territory served by a PSAP with a telephone warning of an emergency situation through a computerized warning system that uses 911 data base information and technology.
(b) As used in this section, "service supplier" means a provider that provides telephone exchange service (as defined in 47 U.S.C. 153(47)) to a service user.
(c) As used in this section, "service user" means a person to whom telephone exchange service (as defined in 47 U.S.C. 153(47)) is provided.
(d) Beginning July 1, 2011, a county may establish an emergency telephone notification system. A PSAP in the county may use funds distributed to it under section 42(2) of this chapter to establish and operate an emergency telephone notification system under this section.
(e) A service supplier shall provide to a PSAP the necessary subscriber or user data to enable the PSAP to implement an emergency telephone notification system under this section. The provision of data under this subsection is subject to section 46 of this chapter. In providing data under this subsection, the service supplier shall provide:
(1) the telephone number service address;
(2) the class of service; and
(3) a designation of listed, unlisted, or nonpublished;
for each service user in the PSAP's service territory. The service supplier shall provide this data to the PSAP on a quarterly basis. The service supplier may charge a reasonable fee to the PSAP for the administrative costs of providing the data.
Sec. 46. (a) A provider shall, upon request, provide to a PSAP the necessary subscriber or user data to enable the PSAP to implement and operate a 911 system. Subscriber or user data provided to a PSAP for the purpose of implementing or updating a 911 system may be used only to identify:
(1) a subscriber or user;
(2) a subscriber's or user's place of primary use (as determined under IC 6-8.1-15); or
(3) both subdivisions (1) and (2);
and may not be used or disclosed by the PSAP, or its agents or employees, for any other purpose unless the data is used or disclosed under a court order. A person who recklessly, knowingly, or intentionally violates this subsection commits a Class A misdemeanor.
(b) After May 31, 1988, a contract entered into between a provider and a subscriber or user who has an unlisted or nonpublished telephone number may not include a provision that prohibits the provider from providing the subscriber's or user's telephone number to a PSAP for inclusion in a 911 system data base. A provider (other than a provider who before June 1, 1988, has contracted to not divulge a subscriber's or user's unlisted or
nonpublished telephone number) shall provide a requesting PSAP
with the name, telephone number, and place of primary use (as
determined under IC 6-8.1-15) for each subscriber or user of the
provider. A PSAP may not release a telephone number required to
be provided under this subsection to any person except as provided
in subsection (a).
(c) A provider may amend or terminate a contract with a
subscriber or user if:
(1) the contract contains a provision that prohibits the
subscriber or user from providing the subscriber's or user's
telephone number to a PSAP for inclusion in a 911 system
data base;
(2) the exclusion of the number from the data base would
negate the purpose of this chapter; and
(3) the subscriber or user is notified of the proposed
amendment or termination of that contract at least one
hundred eighty (180) days before the provider takes that
action.
Sec. 47. (a) All proprietary information submitted to the board
or the treasurer of state is confidential. Notwithstanding any other
law, proprietary information submitted under this chapter is not
subject to subpoena, and proprietary information submitted under
this chapter may not be released to a person other than to the
submitting provider without the permission of the submitting
provider.
(b) General information collected by the board or the treasurer
of state may be released or published only in aggregate amounts
that do not identify or allow identification of numbers of
subscribers or users or revenues attributable to an individual
provider.
Sec. 48. Notwithstanding any other law, the board, a PSAP, a
political subdivision, a provider, or an employee, director, officer,
or agent of a PSAP, a political subdivision, or a provider, or a
member of the board or the board chair or the executive director,
or an employee, agent, or representative of the board chair is not
liable for damages in a civil action or subject to criminal
prosecution resulting from death, injury, or loss to persons or
property incurred by any person in connection with establishing,
developing, implementing, maintaining, operating, and providing
911 service, except in the case of willful or wanton misconduct.
Sec. 49. A person may not use the 911 service except to make
emergency calls that may result in dispatch of the appropriate
response for fire suppression and rescue, emergency medical or
ambulance services, hazardous material, disaster or major
emergency occurrences, and law enforcement activities.
Sec. 50. (a) This section does not apply to a person that connects
to a 911 network using automatic crash notification technology
subject to an established protocol.
(b) A person may not connect an automatic alarm, automatic
dialer, or other automated alerting device to a 911 network that:
(1) causes the number 911 to be automatically dialed; or
(2) provides through a prerecorded message information
regarding obtaining 911 emergency service.
(c) A person who knowing or intentionally violates this section
commits a Class A misdemeanor.
Sec. 51. (a) A person who knowingly or intentionally places a
911 call:
(1) for a purpose other than obtaining public safety assistance
or emergency services; or
(2) to avoid communications service charges or fees;
commits a Class A misdemeanor.
(b) A person who knowingly or intentionally places repeated
nonemergency 911 calls commits a Class D felony if the repeated
nonemergency 911 calls result in a delayed response to an
emergency 911 call that results in injury or death.
(c) A person who knowingly or intentionally makes a false
request for public safety assistance or emergency services to a
PSAP through placement of a 911 call commits a Class D felony.
The offense is a Class C felony if an emergency services provider
suffers serious bodily injury in responding to the 911 call.
Sec. 52. (a) For purposes of this section, a PSAP includes a
public safety communications system operated and maintained
under IC 36-8-15.
(b) As used in this section, "PSAP operator" means:
(1) a political subdivision; or
(2) an agency;
that operates a PSAP. The term does not include a state
educational institution that operates a PSAP or an airport
authority established for a county having a consolidated city.
(c) Subject to subsection (d), after December 31, 2014, a county
may not contain more than two (2) PSAPs. However, a county may
contain one (1) or more PSAPs in addition to the number of PSAPs
authorized by this section, as long as any additional PSAPs are
operated by:
(1) a state educational institution; or
(2) an airport authority established for a county having a consolidated city.
(d) If, on March 15, 2008, a county does not contain more than one (1) PSAP, not including any PSAP operated by an entity described in subsection (c)(1) or (c)(2), an additional PSAP may not be established or operated in the county on or after March 15, 2008, unless the additional PSAP is established and operated by:
(1) a state educational institution;
(2) in the case of a county having a consolidated city, an airport authority established for the county; or
(3) the municipality having the largest population in the county or an agency of that municipality.
(e) Before January 1, 2015, each PSAP operator in a county that contains more than the number of PSAPs authorized by subsection (c) shall enter into an interlocal agreement under IC 36-1-7 with every other PSAP operator in the county to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.
(f) An interlocal agreement required under subsection (e) may include as parties, in addition to the PSAP operators required to enter into the interlocal agreement under subsection (e), any of the following that seek to be served by a county's authorized PSAPs after December 31, 2014:
(1) Other counties contiguous to the county.
(2) Other political subdivisions in a county contiguous to the county.
(3) Other PSAP operators in a county contiguous to the county.
(g) An interlocal agreement required under subsection (e) must provide for the following:
(1) A plan for the:
(A) consolidation;
(B) reorganization; or
(C) elimination;
of one (1) or more of the county's PSAPs, as necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.
(2) A plan for funding and staffing the PSAP or PSAPs that will serve:
(A) the county; and
(B) any areas contiguous to the county, if additional parties described in subsection (f) participate in the interlocal agreement;
after December 31, 2014.
(3) Subject to any applicable state or federal requirements, protocol to be followed by the county's PSAP or PSAPs in:
(A) receiving incoming 911 calls; and
(B) dispatching appropriate public safety agencies to respond to the calls;
after December 31, 2014.
(4) Any other matters that the participating PSAP operators or parties described in subsection (f), if any, determine are necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.
(h) This section may not be construed to require a county to contain a PSAP.
(1) A computer (as defined in IC 36-8-15-4) (before its expiration on July 1, 2014).
(2) A communications system (as defined in IC 36-8-15-3(1)) (before its expiration on July 1, 2014).
(3) Mobile or remote equipment that is coordinated by or linked with a computer or communication system.
(4) Upon the request of:
(A) the fiscal body of an eligible entity having a fiscal body; or
(B) the governing body of an eligible entity not having a fiscal body;
security services provided by human or nonhuman means.
; (10)IN0408.1.28. --> SECTION 28. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 36-8-16.5-18; IC 36-8-21.
(b) The funds that remain in the wireless emergency telephone system fund established by IC 36-8-16.5-21 (before its expiration on July 1, 2011) on July 1, 2011, shall be transferred to the statewide 911 fund established by IC 36-8-16.6-31, as added by this act.
(c) This SECTION expires January 1, 2012.
(1) To pay any obligations owed to any bondholders, third parties, or creditors under IC 36-8-16.5 (before its expiration on July 1, 2010).
(2) To the extent any funds remain after meeting the obligations described in subdivision (1), for the purposes set forth in IC 36-8-16.6-43, as added by this act.
(b) This SECTION expires January 1, 2012.
(1) To pay any obligations owed to any bondholders, third parties, or creditors under IC 36-8-16 (before its expiration on July 1, 2010).
(2) To the extent any funds remain after meeting the obligations described in subdivision (1), for the purposes set forth in IC 36-8-16.6-43, as added by this act.
(b) The funds that remain in an emergency telephone system fund established by a municipality under IC 36-8-16-13 (before its expiration on July 1, 2011) on July 1, 2011, shall be transferred to the 911 fund established under IC 36-8-16.6-43(e), as added by this act, for the county in which the municipality is located. Any funds transferred under this subsection shall be used as follows:
(1) To pay any obligations owed by the municipality to any bondholders, third parties, or creditors under IC 36-8-16 (before its expiration on July 1, 2010).
(2) To the extent any funds remain after meeting the obligations described in subdivision (1), for the purposes set forth in IC 36-8-16.6-43, as added by this act.
(c) This SECTION expires January 1, 2012.
