Citations Affected: IC 5-26; IC 6-3.5; IC 6-8.1; IC 24-5; IC 34-30;
IC 35-45; IC 35-51; IC 36-1; IC 36-7; IC 36-8; IC 36-9; noncode.
Effective: Upon passage; July 1, 2012; July 1, 2016.
January 9, 2012, read first time and referred to Committee on Ways and Means.
January 27, 2012, amended, reported _ Do Pass.
January 30, 2012, read second time, ordered engrossed. Engrossed.
January 31, 2012, read third time, passed. Yeas 81, nays 14.
(1) Administer statewide 911 grants in accordance with state and federal guidelines. (2) Obtain from each PSAP operating statistics and other performance measurements. Establishes the statewide 911 fund (fund). Provides that the fund is a dedicated fund and that no transfers may be made from the fund by the board of finance or budget agency. Appropriates money in the fund. Provides that the board shall administer the fund. Provides that the treasurer of state may invest money in the fund. Requires the state board of accounts to audit the fund annually. Requires the board to impose a statewide 911 fee (fee) on each standard user of communications service in Indiana. Requires communications service providers to collect the fee as part of the monthly billing process. Requires the board to deposit the fees collected into the fund. Requires the wireless enhanced 911 advisory board to increase the amount of the prepaid wireless charge so that the amount of the charge imposed after June 30, 2012, equals $0.50. Provides that the monthly statewide 911 fee (fee) may not be raised or lowered: (1) more than one time in a calendar year; or (2) more than $0.10 by an adjustment without legislative approval. Prohibits a state agency or a local governmental unit from imposing any additional fee relating to the provision of 911 service. Provides that the board may use 15% of the fees deposited in the fund to: (1) recover the board's administrative expenses; and (2) develop, operate, and maintain a statewide 911 system. Specifies the manner in which the board must distribute money from the fund to counties. Provides that in determining a distribution from the fund for a county for any state fiscal year beginning after June 30, 2012, the board shall ensure that the distribution is at least equal to the average annual amount distributed to the county in wireless 911 fees and to all PSAPs in the county in wireline 911 fees during the three state fiscal years ending: (1) June 30, 2009; (2) June 30, 2010; and (3) June 30, 2011; increased by a percentage that does not exceed the percent of increase in the Consumer Price Index during the preceding twelve months. Specifies the permissible uses of funds distributed to a PSAP. Requires each PSAP to annually report to the board all call data and statistics specified by the board. Provides that if the board verifies that an expenditure by a PSAP does not comply with requirements of the statute, the board shall ensure that the fund is reimbursed in the dollar amount of the noncomplying expenditure from any source of funding available to the PSAP or to a unit in which the PSAP is located. Requires a communications service provider to provide to a PSAP the necessary user data to enable the PSAP to implement and operate a 911 system. Provides that proprietary information submitted to the board is confidential. Allows a county to establish an emergency notification system. Retains those provisions from the repealed statute concerning enhanced wireless emergency telephone service that provided that after December 31, 2014, a county may not contain more than two PSAPs. Provides that after December 31, 2014, if a county contains more than two PSAPs, the county may not receive a distribution from the fund until the county contains no more than the authorized number of PSAPs. Specifies that funds that remain on June 30, 2012, in the wireless emergency telephone system fund shall be transferred on July 1, 2012, to the statewide 911 fund. Provides that funds that remain on June 30, 2012, in: (1) a county wireless emergency telephone system fund; or (2) a county wireline emergency telephone system fund; shall be transferred on July 1, 2012, by the county treasurer to the new county 911 fund required to be set aside by the county treasurer under the act. Makes conforming amendments.
A BILL FOR AN ACT to amend the Indiana Code concerning state
and local administration and to make an appropriation.
chapter;
(2) the maximum permissible property tax levy under
IC 6-1.1-18.5-3; or
(3) 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.
(l) A fire department, volunteer fire department, or emergency
medical services provider that:
(1) provides fire protection or emergency medical services within
the county; and
(2) is operated by or serves a political subdivision that is not
otherwise entitled to receive a distribution of tax revenue under
this section;
may before July 1 of a year apply to the county council for a
distribution of tax revenue under this section during the following
calendar year. The county council shall review an application
submitted under this subsection and may before September 1 of a year
adopt a resolution requiring that one (1) or more of the applicants shall
receive a specified amount of the tax revenue to be distributed under
this section during the following calendar year. A resolution approved
under this subsection providing for a distribution to one (1) or more fire
departments, volunteer fire departments, or emergency medical
services providers applies only to distributions in the following
calendar year. Any amount of tax revenue distributed under this
subsection to a fire department, volunteer fire department, or
emergency medical services provider shall be distributed before the
remainder of the tax revenue is distributed under subsection (f).
JULY 1, 2012]: Sec. 31. (a) As used in this section, "public safety"
refers to the following:
(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, 2016), or an enhanced
emergency telephone system (as defined in IC 36-8-16-2 (before
its repeal on July 1, 2012)), or the statewide 911 system (as
defined in IC 36-8-16.7-22).
(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 subsections (l) and (m), 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 that is carrying out or providing at least one
(1) of the public safety purposes described in subsection (a). 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 that
is entitled to a distribution under this section 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
IC 6-1.1-18.5-3; or
(3) 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.
(m) A fire department, volunteer fire department, or emergency
medical services provider that:
(1) provides fire protection or emergency medical services within
the county; and
(2) is operated by or serves a political subdivision that is not
otherwise entitled to receive a distribution of tax revenue under
this section;
may before July 1 of a year apply to the county income tax council for
a distribution of tax revenue under this section during the following
calendar year. The county income tax council shall review an
application submitted under this subsection and may before September
1 of a year adopt a resolution requiring that one (1) or more of the
applicants shall receive a specified amount of the tax revenue to be
distributed under this section during the following calendar year. A
resolution approved under this subsection providing for a distribution
to one (1) or more fire departments, volunteer fire departments, or
emergency services providers applies only to distributions in the
following calendar year. Any amount of tax revenue distributed under
this subsection to a fire department, volunteer fire department, or
emergency medical services provider shall be distributed before the
remainder of the tax revenue is distributed under subsection (f).
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.
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.
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.
IC 8-15-2-1(a)(3) or IC 8-15-2-1(a)(4).
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 statewide 911 board established by IC 36-8-16.7-24 and
the administrator of an the enhanced emergency telephone system
established under IC 36-8-16 (before its repeal on July 1, 2012),
if any;
(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.
facilities district created by IC 36-8-15-7(a) (before its
expiration on July 1, 2016); and
(2) a public safety communications systems district created
under IC 36-8-15-7(b) (before its expiration on July 1, 2016);
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, 2016, are satisfied according
to their terms.
(b) Notwithstanding the expiration of IC 36-8-15-14 on July 1,
2016, 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, 2016); and
(2) a public safety communications systems district created
under IC 36-8-15-7(b) (before its expiration on July 1, 2016);
remains subject to a special benefit tax as provided for by
IC 36-8-15-14 (before its expiration on July 1, 2016) until such time
as revenue from the tax is no longer needed by the district to satisfy
any obligations that were issued, obtained, or incurred by the
district before July 1, 2016, to pay the costs of a project, as
described in IC 36-8-15-14 (before its expiration on July 1, 2016).
(c) Notwithstanding the expiration of IC 36-8-15-18 on July 1,
2016, 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 as provided for
by IC 36-8-15-18 (before its expiration on July 1, 2016) 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, 2016.
(d) Notwithstanding the expiration of IC 36-8-15-19 on July 1,
2016, all property located within a public safety communications
systems district in a county described in IC 36-8-15-19(a) remains
subject to an ad valorem property tax as provided for by
IC 36-8-15-19(a) (before its expiration on July 1, 2016) until such
time as revenue from the tax is no longer needed by the district to
satisfy any obligations that were issued, obtained, or incurred by
the district before July 1, 2016, to fund the operation of the district,
as described in IC 36-8-15-19(a) (before its expiration on July 1,
2016).
(e) After June 30, 2016, a public safety communications systems
and computer facilities district created by IC 36-8-15-7 (before its
expiration on July 1, 2016) may not pledge revenue from any bonds
issued or taxes levied under IC 36-8-15 (before its expiration on
July 1, 2016) before July 1, 2016.
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 (before its expiration
on July 1, 2016); and
(2) each public safety communications systems district created
under IC 36-8-15-7(b) (before its expiration on July 1, 2016);
shall report in an electronic format under IC 5-14-6 to the general
assembly whether and to what extent all bonds, loans, lease
payments, or other obligations that were issued, obtained, or
incurred by the district before July 1, 2016, are satisfied according
to their terms. If the general assembly determines, based on all
reports submitted under this subsection, that all bonds, loans, lease
payments, or other obligations that were issued, obtained, or
incurred by all districts before July 1, 2016, are satisfied according
to their terms, the general assembly may introduce legislation
during a subsequent legislative session to amend this chapter to
provide for the expiration or repeal of this chapter.
imposed under this section so that the amount of the charge
imposed after June 30, 2012, under this section equals fifty cents
($0.50).
(b) Subject to legislative approval, after the increase described in
subsection (a) and after June 30, 2012, the board may increase the
enhanced prepaid wireless charge to ensure adequate revenue for the
board to fulfill its duties and obligations under this chapter IC 36-8-16,
and IC 36-8-16.5. IC 36-8-16.7.
(c) A consumer that is the federal government or an agency of the
federal government is exempt from the enhanced prepaid wireless
charge imposed under this section.
(5%), this chapter expires and sunsets July 1, 2013.
emergency assistance and relay those requests to an
appropriate responding public safety agency.
Sec. 21. As used in this chapter, "standard user" or "user"
refers to a communications service user who pays retrospectively
for the service and has an Indiana billing address for the service.
Sec. 22. (a) As used in this chapter, "statewide 911 system"
means a communications system that uses the three (3) digit
number 911 to send:
(1) automatic number identification or its functional
equivalent or successor; and
(2) automatic location information or its functional equivalent
or successor;
for reporting police, fire, medical, or other emergency situations.
(b) The term includes the following:
(1) A wireless 911 emergency telephone system funded under
IC 36-8-16.5 (before its repeal on July 1, 2012).
(2) An emergency notification system.
(c) The term does not include a wireline enhanced emergency
telephone system funded under IC 36-8-16 (before its repeal on
July 1, 2012).
Sec. 23. As used in this chapter, "VOIP provider" means a
provider that offers interconnected VOIP service to users in
Indiana.
Sec. 24. (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, at least one (1)
of whom must have budget experience at the local level.
(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 who is a county commissioner
in Indiana.
(4) The Indiana Sheriff's Association shall recommend one (1)
individual who is a county sheriff in Indiana.
(5) The Indiana Telecommunications 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 representing a VOIP provider.
(7) The Indiana Association of Cities and Towns shall
recommend one (1) individual representing municipalities.
(c) The board consists of the following thirteen (13) 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 submitted under subsection (b)(1) by the
executive committees of NENA and APCO. At least one (1)
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 submitted under
subsection (b)(2) by the CMRS providers authorized to
provide CMRS in Indiana. A member appointed under this
subdivision may not be affiliated with the same business entity
as a member appointed under subdivision (6), (7), or (8).
(4) One (1) county commissioner member appointed by the
governor after considering the recommendation submitted
under subsection (b)(3) by the Indiana Association of County
Commissioners.
(5) One (1) county sheriff member appointed by the governor
after considering the recommendation submitted under
subsection (b)(4) by the Indiana Sheriffs' Association.
(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 Telecommunications
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), or (8).
(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 Telecommunications
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), or (8).
(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), or (7).
(9) One (1) member who represents municipalities and is
appointed by the governor after considering the
recommendation of the Indiana Association of Cities and
Towns submitted under subsection (b)(7).
(10) One (1) member who represents a department or agency
providing firefighting or fire prevention services in Indiana.
(11) The superintendent of the state police department or the
superintendent's designee.
(c) The board consists of the following thirteen (13) 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) One (1) member for a term of three (3) years who is
(d) This subsection applies to a member appointed by the
governor under subsection (c)(2) through (c)(10). 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 five (5)
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)(10), 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)(10). 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. 25. A majority of the members of the board constitutes a
quorum for purposes of taking action.
Sec. 26. (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. 27. 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 the board's
income, revenues, funds, and money.
(5) Enter into contracts, including contracts:
(A) for professional services;
Indiana at a rate that:
(1) ensures full recovery of the amount needed for the board
to make distributions to county treasurers consistent with this
chapter; and
(2) provides for proper development, operation, and
maintenance of a statewide 911 system.
The amount of the initial fee assessed under this subsection is one
dollar ($1).
(b) The board may adjust the statewide 911 fee to ensure
adequate revenue for the board to fulfill the board's duties and
obligations under this chapter, subject to the following:
(1) The fee may not be raised or lowered more than one (1)
time in a calendar year.
(2) The fee may not be raised or lowered more than ten cents
($0.10) by an adjustment without legislative approval.
(c) The fee assessed under this section does not apply to a
prepaid user in a retail transaction under IC 36-8-16.6.
(d) An additional fee relating to the provision of 911 service may
not be levied by a state agency or local unit of government. An
enhanced prepaid wireless charge (as defined in IC 36-8-16.6-4) is
not considered an additional fee relating to the provision of
wireless 911 service for purposes of this section.
(e) A user is exempt from the wireless emergency enhanced 911
fee if the user is any of the following:
(1) The federal government or an agency of the federal
government.
(2) The state or an agency or instrumentality of the state.
(3) A political subdivision (as defined in IC 36-1-2-13) or an
agency of a political subdivision.
Sec. 33. (a) As part of the provider's normal monthly billing
process, a provider:
(1) shall collect the fee from each standard user that is a
customer 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. The board shall deposit all
remitted statewide 911 fees in the fund.
(c) A provider may deduct and retain an amount not to exceed
one percent (1%) of statewide 911 fees that the provider collects
from users to reimburse the direct costs incurred by the provider
in collecting and remitting statewide 911 fees.
Sec. 34. The statewide 911 fee is the liability of the user and not
of a provider. However, a provider is liable to remit to the board
all statewide 911 fees that the provider collects from users.
Sec. 35. The amount of a statewide 911 fee that is collected by a
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. 36. A provider is not required to take legal action to enforce
the collection of the 911 fee for which a user is billed. 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. 37. (a) Subject to subsection (b), the board shall administer
the fund in the following manner:
(1) The board may use fifteen percent (15%) of the statewide
911 fees deposited in the fund to recover the board's expenses
in administering this chapter and to develop, operate, and
maintain a statewide 911 system. 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 counties in an amount
determined by the board. However, in determining a
distribution under this subdivision, the board shall ensure
that the distribution to a county with respect to any state
fiscal year beginning after June 30, 2012, is at least equal to
the average annual amount distributed to all PSAPs in the
county under IC 36-8-16 (before its repeal on July 1, 2012)
and to the county under IC 36-8-16.5 (before its repeal on
July 1, 2012) during the three (3) state fiscal years ending:
(A) June 30, 2009;
(B) June 30, 2010; and
(C) June 30, 2011;
increased by a percentage that does not exceed the percent of
increase in the United States Department of Labor Consumer Price
Index during the twelve (12) months preceding the state fiscal year
for which the distribution is made.
(b) 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. 38. (a) A PSAP may use a distribution from a county under
this chapter only for the following:
(1) The lease, purchase, or maintenance of communications
service equipment.
(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 notification system under section 40 of this
chapter.
(7) Connectivity to the Indiana data communications system
(IDACS).
(8) Rates associated with communications service providers'
enhanced emergency communications system network
services.
(9) Mobile radio equipment used by first responders.
(10) Up to fifty percent (50%) of the costs associated with the
narrow banding or replacement of equipment as a result of
the narrow banding requirements specified by the Federal
Communications Commission.
(11) Other expenses approved by the board.
(b) A PSAP may not use a distribution from a county under this
chapter for the following:
(1) Construction, purchase, renovation, or furnishing of PSAP
buildings.
(2) Vehicles.
(c) Not later than January 31 of each year, each PSAP shall
submit to the board a report of the following:
(1) All expenditures made during the immediately preceding
calendar year from distributions under this chapter.
PSAP with a warning, delivered through a device or medium by
which users receive communications service from a provider, of an
emergency situation through a computerized warning system that
uses 911 data base information and technology.
(b) A county may establish an emergency notification system. A
PSAP in the county may use funds distributed to it under this
chapter to establish and operate an emergency notification system
under this section.
(c) A provider shall provide to a PSAP the necessary user data
to enable the PSAP to implement an emergency notification system
under this section. The provision of data under this subsection is
subject to section 41 of this chapter. In providing data under this
subsection, the provider shall provide the following information for
each service user in the PSAP's service territory:
(1) The service address of the user.
(2) The class of service provided to the user.
(3) A designation of listed, unlisted, or nonpublished with
respect to any telephone number (or other functionally
equivalent identification number) associated with the user's
service or account.
The provider shall provide this data to the PSAP on a quarterly
basis. The provider may charge a reasonable fee to the PSAP for
the administrative costs of providing the data
Sec. 41. (a) A provider shall, upon request, provide to a PSAP
the necessary user data to enable the PSAP to implement and
operate a 911 system. User data provided to a PSAP for the
purpose of implementing or updating a 911 system may be used
only to identify:
(1) a user;
(2) a user's place of primary use (as determined in the manner
provided by IC 6-8.1-15); or
(3) the information described in 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 user who has an unlisted or nonpublished telephone
number (or other functionally equivalent identification number)
may not include a provision that prohibits the provider from
providing the user's telephone number (or other functionally
equivalent identification 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 unlisted
or nonpublished telephone number (or other functionally
equivalent identification number)) shall provide a requesting PSAP
with the name, telephone number (or other functionally equivalent
identification number), and place of primary use (as determined in
the manner provided by IC 6-8.1-15) for each user of the provider.
A PSAP may not release a telephone number (or other functionally
equivalent identification 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 user
if:
(1) the contract contains a provision that prohibits the
provider from providing the user's telephone number (or
other functionally equivalent identification number) to a
PSAP for inclusion in a 911 system data base;
(2) the exclusion of the telephone number (or other
functionally equivalent identification number) from the data
base would negate the purpose of this chapter; and
(3) the user is notified of the proposed amendment or
termination of a contract at least one hundred eighty (180)
days before the provider takes action.
Sec. 42. (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 users or
revenues attributable to an individual provider.
Sec. 43. Notwithstanding any other law:
(1) the board;
(2) a PSAP;
(3) a political subdivision;
(4) a provider;
(5) an employee, director, officer, or agent of a PSAP, a
political subdivision, or a provider; or
(6) an employee or member of the board, the board chair, 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. 44. A person may not use 911 service except to make
emergency calls that may result in the 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. 45. (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 to a 911 network an automatic
alarm, automatic dialer, or other automated alerting device 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 knowingly or intentionally violates this section
commits a Class A misdemeanor.
Sec. 46. (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 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 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. 47. (a) For purposes of this section, a PSAP includes a
public safety communications system operated and maintained
under IC 36-8-15 (before its expiration on July 1, 2016).
(b) As used in this section, "PSAP operator" means:
(1) a political subdivision; or
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.