Bill Text: IN HB1089 | 2010 | Regular Session | Introduced
Bill Title: PSAPs operated by excluded cities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-05 - First reading: referred to Committee on Veterans Affairs and Public Safety [HB1089 Detail]
Download: Indiana-2010-HB1089-Introduced.html
Introduced Version
HOUSE BILL No. 1089
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-8-16.5-51.
Synopsis: PSAPs operated by excluded cities. Expands the exemption
from the statute prohibiting a county from containing more than two
public safety answering points (PSAPs) after December 31, 2014, to
allow more than two PSAPs if any additional PSAPs are operated by an
excluded city, in the case of a county having a consolidated city.
(Current law provides an exemption from the limit if any additional
PSAPs are operated by: (1) a state educational institution; or (2) an
airport authority established for a county having a consolidated city.)
Effective: Upon passage.
Barnes
January 5, 2010, read first time and referred to Committee on Veterans Affairs and Public
Safety.
Introduced
Second Regular Session 116th General Assembly (2010)
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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HOUSE BILL No. 1089
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-8-16.5-51; (10)IN1089.1.1. -->
SECTION 1. IC 36-8-16.5-51, AS ADDED BY P.L.137-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 51. (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 includea state educational
institution that operates a PSAP or an airport authority established for
a county having a consolidated city. any entity described in
subsection (c)(1) through (c)(3).
(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; or
(3) in a county having a consolidated city, an excluded city (as defined in IC 36-3-1-7).
(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), through (c)(3), an additional PSAP may not
be established or and 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.
(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
(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;
(2) an airport authority established for a county having a consolidated city; or
(3) in a county having a consolidated city, an excluded city (as defined in IC 36-3-1-7).
(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)
(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.
SOURCE: ; (10)IN1089.1.2. -->
SECTION 2. An emergency is declared for this act.
