Bill Text: IN HB1246 | 2010 | Regular Session | Introduced
Bill Title: Wireless E911 fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Commerce, Energy, Technology and Utilities [HB1246 Detail]
Download: Indiana-2010-HB1246-Introduced.html
Citations Affected: IC 34-30-2-156.2; IC 36-8.
Synopsis: Wireless E911 fees. Abolishes the wireless enhanced 911
advisory board (board) as of July 1, 2010. Transfers responsibility for
maintaining and improving a statewide enhanced 911 network from the
from the board to the department of homeland security (department).
Provides that the amount of the wireless emergency enhanced 911 fee
is $0.50 per month for each telephone number assigned to a
commercial mobile radio service (CMRS) subscriber whose place of
primary use is in Indiana. Provides that fees collected by CMRS
providers after June 30, 2010, shall be remitted to the department of
state revenue, rather than the board, for deposit in the wireless
emergency telephone system fund. Provides that after June 30, 2010,
the part of the fees that are: (1) collected by the state and remaining
after the required distributions to counties; and (2) deposited into an
escrow account by the treasurer of state; shall be used by the
department to maintain and improve a statewide enhanced 911
network. Requires a seller of prepaid wireless telecommunications
service to collect at the point of sale an enhanced prepaid wireless
charge (charge) of $0.25 per retail transaction. Requires the seller to
remit the charge to the department of state revenue for deposit in the
wireless emergency telephone system fund. Specifies how the charges
that are collected and deposited in the fund are to be distributed.
Repeals provisions: (1) establishing the board; and (2) providing for
the recovery of certain costs incurred by CMRS providers before July
1, 2005, to implement wireless E911. Repeals other provisions made
obsolete by the elimination of the board.
Effective: Upon passage; July 1, 2010.
January 12, 2010, read first time and referred to Committee on Commerce, Energy,
Technology and Utilities.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
emergency telephone system fund is established for the purpose of
creating, and maintaining, and improving an enhanced wireless 911
system.
(b) The expenses of administering the fund must be paid from
money in the fund.
(c) Subject to section 23 of this chapter, the treasurer of state
shall invest the money in the fund not currently needed to meet the
obligations of the fund in the same manner as other public money
may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(1) Service charges assessed on CMRS users in the state under section 25.5 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) Enhanced prepaid wireless charges collected and remitted under IC 36-8-16.6-12.
(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
(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.
(b) 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.
(b) Except as provided in section 34 of this chapter,
(c) The monthly wireless emergency enhanced 911 fee is assessed with respect to each telephone number that:
(1) is assigned to a subscriber described in subsection (b); and
(2) is used to provide CMRS service to the subscriber.
(d) The amount of the wireless emergency enhanced 911 fee is fifty cents ($0.50) per month for each telephone number described in subsection (c).
(e) The wireless emergency enhanced 911 fee does not apply to a prepaid subscriber in a retail transaction under IC 36-8-16.6.
July 1, 2010).
( b) On July 1, 2010:
(1) the board is abolished; and
(2) except as otherwise provided in this chapter, all duties and
powers:
(A) conferred on the board by this chapter; or
(B) otherwise assumed by the board;
in connection with maintaining and improving a statewide
enhanced 911 network are transferred to the department.
(c) The following apply on July 1, 2010:
(1) All property, assets, funds, equipment, records, rights,
contracts, obligations, and liabilities of the board are
transferred to or assumed by the department.
(2) Any employees of the board become employees of the
department. For purposes of this subdivision, a board
member described in section 18(c) of this chapter (before its
repeal on July 1, 2010) is not an employee of the board.
(3) Any outstanding indebtedness incurred by the board (or
by any entity on behalf of the board) before July 1, 2010, shall
be assumed, defeased, paid, or refunded by the department,
as appropriate. Notwithstanding any other law, to assume,
defease, pay, or refund all or a part of the indebtedness
described in this subdivision, the department is not required
to comply with any other statutory procedures or approvals
that may apply when an agency incurs indebtedness. The
rights of creditors with respect to the board's indebtedness, or
with respect to any undertakings of the board with respect to
that indebtedness, remain the same although the powers,
duties, agreements, and liabilities of the board have been
transferred to the department, and the department is
considered to have assumed all those powers, duties,
agreements, and liabilities.
(4) The term of office of all board members described in
section 18(c) of this chapter (before its repeal on July 1, 2010)
terminates.
(a) (d) After June 30, 2010, the board department may do the
following to implement this chapter maintain and improve a
statewide enhanced wireless 911 network:
(1) Enter into or assume contracts, including contracts:
(A) for professional services, including technical,
engineering, or network services; and
(B) for the purchase of supplies, equipment, or services and
other than professional services.
(C) to acquire office space.
(2) Hire staff.
(3) Adopt rules under IC 4-22-2.
(4) Take other necessary or convenient actions to implement this
chapter maintain and improve a statewide enhanced wireless
911 network that are not inconsistent with Indiana law.
(b) Except as provided in section 34 of this chapter,
(1) assigned by the provider to a subscriber described in this subsection; and
(2) used to provide CMRS to the subscriber.
A CMRS provider may list the fee as a separate line item on each bill. A customer's place of primary use shall be determined in the manner provided by IC 6-8.1-15. If a CMRS provider receives a partial payment for a monthly bill from a CMRS standard subscriber, the CMRS provider shall apply the payment against the amount the CMRS standard subscriber owes to the CMRS provider before applying the payment against the fee.
(c) This section does not apply to a prepaid subscriber in a retail
transaction under IC 36-8-16.6.
(1) a fee is collected by a CMRS provider before July 1, 2010;
(2) the date that is sixty (60) days after the end of the calendar month in which the fee is collected occurs after June 30, 2010; and
(3) the CMRS provider does not remit the fee to the board before July 1, 2010;
the CMRS provider shall remit the fee to the department of state revenue, in the manner prescribed by the department of state revenue, not later than the date that is sixty (60) days after the end of the calendar month in which the fee is collected.
(b) A fee collected by a CMRS provider under this chapter after June 30, 2010, less the administrative fee described in section 35 of this chapter, must be remitted to the department of state revenue for deposit into the fund at the time and in the manner prescribed by the department.
(c) A CMRS provider is subject to the same audit and appeal procedures under IC 6-8.1 with respect to the collection and remittance of wireless emergency enhanced 911 fees as with collection and remittance of the state gross retail tax under IC 6-2.5.
(d) The department of state revenue shall adopt any forms or procedures necessary to implement this section not later than June 1, 2010.
following manner:
(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.
under this chapter, and the fee has been reduced under section 26(c) of
this chapter, the board shall manage (a) The fund shall be managed in
the following manner with respect to fees collected from subscribers
under this chapter:
(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. shall be distributed by the
auditor of state to the department for the department's use in
maintaining and improving a statewide enhanced wireless 911
network.
(2) Thirty-eight and three-tenths cents ($0.383) of the wireless
emergency 911 fee collected from each subscriber must be
distributed by the auditor of state to each county containing at
least one (1) PSAP, as identified in the county notice required by
section 40 of this chapter. The board auditor of state shall make
these distributions in the following manner:
(A) The board auditor of state 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 auditor of state 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) (3) The board department of state revenue shall deposit the
remainder of the wireless emergency 911 fee collected from each
subscriber into an escrow account to be used by the department
for costs associated with other wireless enhanced 911 services
mandated by the FCC and specified in the FCC order but not
incurred by PSAPs. maintaining and improving a statewide
enhanced wireless 911 network. The board treasurer of state
may invest money in the account in the manner prescribed by
section 23 of this chapter and may use shall return 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. to the account for use by the department.
(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).
(b) The fund shall be managed in the following manner with
respect to enhanced prepaid wireless charges collected after June
30, 2010, by the department of state revenue under IC 36-8-16.6:
(1) One-half cent ($0.005) of the enhanced prepaid wireless
charge collected from each consumer shall be distributed by
the auditor of state to the department for the department's
use in maintaining and improving a statewide enhanced
wireless 911 network.
(2) Nineteen and two-tenths cents ($0.192) of the enhanced
prepaid wireless charge collected from each consumer must
be distributed by the auditor of state to each county
containing at least one (1) PSAP, as identified in the county
notice required by section 40 of this chapter. The auditor of
state shall make these distributions in the following manner:
(A) The auditor of state shall distribute on a monthly basis
to each eligible county seventeen and two-tenths cents
($0.172) of the enhanced prepaid wireless charge based
upon the county's percentage of the state's population.
(B) The auditor of state shall distribute on a monthly basis
to each eligible county two cents ($0.02) of the enhanced
prepaid wireless charge 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.
(3) The department of state revenue shall deposit the
remainder of the enhanced prepaid wireless charge collected
from each consumer into the escrow account described in
subsection (a)(3) for the purpose specified in subsection (a)(3).
(1) the wireless enhanced 911 advisory board established by section 18 of this chapter (before its repeal on July 1, 2010), in the case of a notice submitted before July 1, 2010; or
(2) the auditor of state, in the case of a notice submitted after June 30, 2010;
that identifies each PSAP that complies with the FCC order and rules. Distributions under section 39 of this chapter to a county containing one (1) or more eligible PSAPs must begin in the first full month after the board or the auditor of state, as appropriate, receives the county's written notice under this section. The county treasurer shall deposit the distributions as prescribed in section 43 of this chapter.
(1) necessary computer hardware, software, and data base equipment;
(2) personnel expense and training;
(3) the provision of wireless enhanced emergency service; or
(4) educating consumers about the operations, limitations, role, and responsible use of enhanced 911 service.
under section 39 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) (c) The state board of accounts annually shall audit the
expenditures of wireless emergency enhanced 911 fees made during
the immediately preceding calendar year by each PSAP that received
distributions under section 39 of this chapter during the immediately
preceding calendar year. The state board of accounts shall conduct the
first audits required by this subsection with respect to expenditures of
wireless emergency enhanced 911 fees made during the calendar year
ending December 31, 2008.
(e) (d) In conducting the audits required under subsections (c) (b)
and (d), (c), the state board of accounts shall determine whether the
expenditures made by each PSAP are in compliance with subsection
(a).
(b) Notwithstanding any other law, the board, the department, a PSAP, political subdivision, CMRS provider, local exchange company, or an employee, director, officer, or agent of a PSAP, political subdivision, CMRS provider, or local exchange company, or a member of the board or the board chair, or an employee, an agent, or a representative of the board chair or of the department 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 enhanced wireless 911 service in compliance with the requirements established by the FCC order and rules adopted under the FCC order, except in the case of willful or wanton misconduct.
Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge
Sec. 1. As used in this chapter, "consumer" means a person that purchases prepaid wireless telecommunications service from a seller. The term includes a prepaid subscriber (as defined in IC 36-8-16.5-14.5).
Sec. 2. As used in this chapter, "department" refers to the department of state revenue.
Sec. 3. As used in this chapter, "enhanced prepaid wireless charge" means the charge that a seller is required to collect from a consumer under section 11 of this chapter.
Sec. 4. As used in this chapter, "fund" refers to the wireless emergency telephone system fund established by IC 36-8-16.5-21(a).
Sec. 5. As used in this chapter, "prepaid wireless telecommunications service" means a prepaid wireless calling
service (as defined in IC 6-2.5-1-22.4) that allows a user of the
service to reach emergency services by dialing the digits 911.
Sec. 6. As used in this chapter, "provider" means a person or
entity that offers prepaid wireless telecommunications service.
Sec 7. As used in this chapter, "retail transaction" means the
purchase of prepaid wireless telecommunications service from a
seller for any purpose other than resale.
Sec. 8. As used in this chapter, "seller" means a person that sells
prepaid wireless telecommunications service to another person.
Sec. 9. As used in this chapter, "wireless telecommunications
service" means commercial mobile radio service (as defined in 47
CFR 20.3).
Sec. 10. (a) A surcharge known as the enhanced prepaid wireless
charge is imposed on each retail transaction that occurs after June
30, 2010.
(b) The amount of the enhanced prepaid wireless charge is
twenty-five cents ($0.25) per retail transaction.
Sec. 11. (a) A seller shall collect the enhanced prepaid wireless
charge from the consumer with respect to each retail transaction.
(b) The seller shall disclose to the consumer the amount of the
enhanced prepaid wireless charge. The seller may separately state
the amount of the enhanced prepaid wireless charge on an invoice,
a receipt, or a similar document that the seller provides to the
consumer in connection with the retail transaction.
(c) A seller shall remit enhanced prepaid wireless charges to the
department at the time and in the manner prescribed by the
department.
Sec. 12. The enhanced prepaid wireless charge is the liability of
the consumer and not of the seller or a provider. However, a seller
is liable for remitting to the department all enhanced prepaid
wireless charges that the seller collects from consumers under
section 11 of this chapter, including any charges that the seller is
deemed to collect where the amount of the charge has not been
separately stated on an invoice, receipt, or other similar document
provided to the consumer by the seller.
Sec. 13. The amount of the enhanced prepaid wireless charge
that is collected by a seller from a consumer, whether or not
separately stated on an invoice, receipt, or other similar document
provided to the consumer by the seller, shall not be included in the
base for determining a tax, fee, surcharge, or other charge that is
imposed by the state, a political subdivision, or any other
governmental agency.
Sec. 14. A seller is entitled to deduct and retain from the
enhanced prepaid wireless charges the seller is otherwise required
to remit to the department under section 11(c) of this chapter
thirty-five hundredths of a cent ($0.0035).
Sec. 15. A seller is subject to the same audit and appeal
procedures under IC 6-8.1 with respect to the collection and
remittance of enhanced prepaid wireless charges as with collection
and remittance of the state gross retail tax under IC 6-2.5.
Sec. 16. The department shall establish procedures by which a
seller may document that a sale of prepaid wireless
telecommunications service is not a retail transaction.
Sec. 17. The department shall deposit all remitted enhanced
prepaid wireless charges in the fund.
Sec. 18. A seller of prepaid wireless telecommunications 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. 19. (a) An additional fee relating to the provision of wireless
911 service with respect to prepaid wireless telecommunications
service may not be levied by a state agency or unit of local
government.
(b) The enhanced prepaid wireless charge is not considered an
additional charge relating to the provision of wireless 911 service
for purposes of IC 36-8-16.5-29.
; (10)IN1246.1.21. --> SECTION 21. THE FOLLOWING ARE REPEALED [EFFECTIVE JULY 1, 2010]: IC 36-8-16.5-1; IC 36-8-16.5-4; IC 36-8-16.5-10; IC 36-8-16.5-18; IC 36-8-16.5-19; IC 36-8-16.5-20; IC 36-8-16.5-26; IC 36-8-16.5-27; IC 36-8-16.5-37; IC 36-8-16.5-38; IC 36-8-16.5-42.
