Bill Text: IN HB1263 | 2012 | Regular Session | Introduced
Bill Title: Public safety answering points.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-01-23 - Representative Welch added as coauthor [HB1263 Detail]
Download: Indiana-2012-HB1263-Introduced.html
Citations Affected: IC 5-26-1-5; IC 6-3.5; IC 34-30-2; IC 35-51-36-1;
IC 36-7-4-405; IC 36-8.
Synopsis: Public safety answering points. Specifies maximum
landline, wireless, and prepaid wireless 911 fees. Provides that the
existing fees expire January 1, 2013. Requires the fees to be imposed
by county ordinance in equal amounts that may not exceed $2.
Specifies uses of 911 fees. Renames the wireless enhanced 911
advisory board the IN911 board (board) and expands its membership.
Requires the counties to remit $0.05 of each 911 fee to the board.
Consolidates landline and prepaid wireless provisions into the existing
wireless statute. Provides that the consolidated statute expires January
1, 2019. Repeals a moratorium on increasing the landline 911 fee for
units subject to the consolidation of public service answering points.
Repeals obsolete provisions concerning the recovery of costs related to
the implementation of wireless enhanced 911 by CMRS service
providers.
Effective: July 1, 2012; January 1, 2013.
January 9, 2012, read first time and referred to Committee on Ways and Means.
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
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(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) or an enhanced emergency telephone system (as defined in
(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) or (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 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 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 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 2 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 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).
(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) or an
enhanced emergency telephone system (as defined in
IC 36-8-16-2). IC 36-8-16.5-6.6).
(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).
IC 36-2-2-13 (Concerning county government).
IC 36-2-6-8 (Concerning county government).
IC 36-2-6-12 (Concerning county government).
IC 36-2-7-18 (Concerning county government).
IC 36-2-8-6 (Concerning county government).
IC 36-2-9-13 (Concerning county government).
IC 36-2-9-14 (Concerning county government).
IC 36-2-9.5-7 (Concerning county government).
IC 36-2-9.5-9 (Concerning county government).
IC 36-2-13-5 (Concerning county government).
IC 36-2-14-10 (Concerning county government).
IC 36-2-14-17 (Concerning county government).
IC 36-2-14-21 (Concerning county government).
IC 36-4-8-13 (Concerning government of cities and towns).
IC 36-7-12-27.5 (Concerning planning and development).
IC 36-7-14-40 (Concerning planning and development).
IC 36-7-15.1-27 (Concerning planning and development).
IC 36-7-30-28 (Concerning planning and development).
IC 36-7-30.5-36 (Concerning planning and development).
IC 36-8-3.5-23 (Concerning public safety).
IC 36-8-10-9 (Concerning public safety).
IC 36-8-16.5-47 (Concerning public safety).
IC 36-8-16.5-48 (Concerning public safety).
IC 36-8-16.5-49 (Concerning public safety).
IC 36-8-16.5-53 (Concerning public safety).
IC 36-9-14-7 (Concerning transportation and public works).
IC 36-10-3-39 (Concerning recreation, culture, and community facilities).
IC 36-10-4-5 (Concerning recreation, culture, and community facilities).
IC 36-10-4-40 (Concerning recreation, culture, and community facilities).
(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) or IC 36-8-16.5, 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.
JULY 1, 2012]: Sec. 7. Except as provided in Subject to section 7.5 20
of this chapter, the fiscal body of a unit may adopt an ordinance to
change the amount of the enhanced emergency telephone system fee
that it imposed under section 5 of this chapter. However, the new fee
must comply with the limitations provided in section 6 of this chapter.
In addition, the fiscal body of a unit may not adopt more than one (1)
ordinance in any calendar year to change the unit's fee.
(b) An emergency telephone system fee imposed by a unit under this chapter remains in effect until rescinded by the unit or until January 1, 2013, whichever occurs first.
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 4. As used in this
chapter, "board" refers to:
(1) the wireless enhanced 911 advisory board established by
section 18 of this chapter (before its expiration); and
(2) beginning July 1, 2012, the IN911 board established by
section 18.5 of this chapter.
(b) The term includes:
(1) an access line;
(2) a private branch exchange (PBX) trunk; and
(3) a centrex line trunk equivalent;
that is provided by the service supplier. The term also includes a mobile telephone system access trunk, whether the trunk is provided by a telephone company or a radio common carrier. In the case of a service user receiving interconnected VoIP service, the term refers to the Internet protocol compatible customer premises equipment that enables the service user to access the interconnected VoIP service.
(c) The term does not include:
(1) a service supplier owned and operated telephone pay station line;
(2) a wide area telecommunications service (WATS) line;
(3) a foreign exchange (FX) line; or
(4) an incoming only line.
(1) is issued an Indiana telephone number or an Indiana identification number for the service; or
(2) purchases prepaid wireless telecommunications service in a retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).
(b) As used in this chapter, "service user" means a person to whom telephone exchange service is provided.
(b) The following recommendations must be made to the governor concerning the membership of the board:
(1) The executive committees of NENA and APCO shall jointly recommend three (3) individuals.
(2) The CMRS providers authorized to provide CMRS in Indiana shall jointly recommend three (3) individuals.
(c) The board consists of the following seven (7) 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 the governor considers the
recommendations of the executive committees of NENA and
APCO that are submitted under subsection (b)(1).
(3) Three (3) members for a term of three (3) years who are
appointed by the governor after considering the recommendations
of the CMRS providers that are submitted under subsection
(b)(2).
(d) A member's position may be filled by the member's designee
who serves at the pleasure of the member.
(e) A vacancy on the board is filled for the vacating member's
unexpired term in the same manner as the original appointment.
(f) Each member appointed under subsection (c)(2) or (c)(3) shall
submit the name of a designee to the board. The board shall maintain
a list of approved designees. A member appointed under subsection
(c)(2) or (c)(3) may appoint a listed designee to fill the member's
position under subsection (d) or to act on behalf of the member at a
meeting of the board. The designee serves at the pleasure of the
appointing member.
(g) A member may vote by proxy through another member.
(h) This section expires July 1, 2012.
(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 one (1) individual.
(2) The CMRS providers authorized to provide CMRS in Indiana shall jointly recommend two (2) individuals.
(3) The Indiana Association of County Commissioners shall recommend one (1) individual.
(4) The Indiana Sheriffs' Association shall recommend one (1) individual.
(5) The Association of Indiana Counties shall recommend one (1) individual who is a member of a county council.
(6) The Indiana Association of Cities and Towns shall recommend one (1) individual who represents a municipality that operates a PSAP.
(7) 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.
(8) The Indiana Cable Telecommunications Association shall recommend one (1) individual.
(c) The board consists of the following twelve (12) members:
(1) The treasurer of state is the nonvoting chairperson of the board for a term concurrent with the treasurer's term of office.
(2) One (1) member appointed by the governor after considering the recommendations of the executive committees of NENA and APCO submitted under subsection (b)(1).
(3) Two (2) CMRS members who are appointed by the governor after considering the recommendations of the CMRS providers 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 (8), (9), or (10).
(4) One (1) county commissioner member appointed by the governor after considering the recommendation of the Indiana Association of County Commissioners submitted under subsection (b)(3).
(5) One (1) county sheriff member appointed by the governor after considering the recommendation of the Indiana Sheriffs' Association submitted under subsection (b)(4).
(6) One (1) county council member appointed by the governor after considering the recommendation of the Association of Indiana Counties submitted under subsection (b)(5).
(7) One (1) municipal member appointed by the governor after considering the recommendation of the Indiana
Association of Cities and Towns submitted under subsection
(b)(6).
(8) 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)(7)(A). A member appointed under this
subdivision may not be affiliated with the same business entity
as a member appointed under subdivision (3), (9), or (10).
(9) 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)(7)(B). A member appointed under this
subdivision may not be affiliated with the same business entity
as a member appointed under subdivision (3), (8), or (10).
(10) One (1) VoIP provider who is appointed by the governor
after considering the recommendation of the Indiana Cable
Telecommunications Association under subsection (b)(8). A
member appointed under this subdivision may not be
affiliated with the same business entity as a member
appointed under subdivision (3), (8), or (9).
(11) The superintendent of the state police department or the
superintendent's designee.
(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 four (4)
members expire in a single calendar year. After the initial
appointments, subsequent appointments are for four (4) 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 the state, including rural and urban areas. A
member appointed by the governor serves at the pleasure of the
governor.
(e) A member of the board must be an Indiana resident.
chairperson.
(b) A majority of the members of the board constitutes a quorum for
purposes of taking action. Except as provided in section 39(b) of this
chapter, The board may take action approved by a majority of the
members of the board present at a meeting of the board.
(b) The expenses of administering the fund must be paid from money in the fund.
(1) With respect to CMRS provided before January 1, 2013, service charges assessed on CMRS users in the state under section
(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) With respect to retail transactions occurring before January 1, 2013, enhanced prepaid wireless charges collected and remitted under IC 36-8-16.6-12 (before its expiration).
(6) Money paid to the board under sections 36, 42.6, and 60 of this chapter.
(b) The balance of the fund may not exceed two million five hundred thousand dollars ($2,500,000) at the end of any state fiscal year. The board shall distribute the amount of any excess to the counties containing PSAPs in the manner that money is distributed under section 39 of this chapter (before its expiration). Money received under this subsection must be deposited in the fund established by the county under section 43 of this chapter and used for the purposes permitted by section 43.5 of this chapter.
(b) Except as provided in section 34 of this chapter:
(1) the board shall assess a monthly wireless emergency enhanced 911 fee on each standard user that is a customer having a place of
primary use in Indiana for a calendar year ending before
January 1, 2013; and
(2) a county fiscal body may by ordinance assess a monthly
wireless emergency enhanced 911 fee on each standard user
that is a customer having a place of primary use in the county
for a calendar year beginning after December 31, 2012.
A customer's place of primary use shall be determined in the manner
provided by IC 6-8.1-15.
(c) The fee assessed under subsection (b) does not apply to a
prepaid user in a retail transaction under IC 36-8-16.6 (before its
expiration) or section 56 of this chapter.
(d) A wireless emergency enhanced 911 fee imposed by
ordinance must be:
(1) uniform; and
(2) in an amount equal to the fee imposed by the county under
section 42.1 of this chapter.
(e) An ordinance imposing a fee under this section may not
impose a monthly fee that exceeds two dollars ($2).
(b) The fiscal body of a county may adopt an ordinance to rescind the wireless emergency enhanced 911 fee that it imposed under section 25.5(b)(2) of this chapter.
board may adjust the wireless emergency enhanced 911 fee that is
assessed under section 25.5 25.5(b)(1) of this chapter. The board shall
assess the fee at rates that ensure full recovery over a reasonable period
of time of:
(1) costs incurred by CMRS providers before July 1, 2005; and
(2) the amount needed for the board to make distributions to
PSAPs consistent with this chapter;
to develop and maintain an enhanced wireless 911 system.
(b) The fee assessed under section 25.5 25.5(b)(1) of this chapter
may not:
(1) be raised or lowered more than one (1) time in a calendar year;
(2) be raised more than seven cents ($0.07) by an adjustment; or
(3) exceed one dollar ($1) per month for each telephone number.
(c) If:
(1) all CMRS providers have been reimbursed for their costs as
provided in section 39(c) of this chapter (before July 1, 2012);
and
(2) the fee assessed under section 25.5 25.5(b)(1) of this chapter
is greater than fifty cents ($0.50);
the board shall reduce the fee so that the fee is not more than fifty cents
($0.50). A reduction of the fee under this subsection is not to be
considered an adjustment under subsection (a).
(d) After June 30, 2012, the board may not adjust the fee
imposed by the board under section 25.5(b)(1) of this chapter.
(e) A wireless emergency enhanced 911 fee imposed by the
board under section 25.5(b)(1) of this chapter remains in effect
until January 1, 2013.
(f) The board may not take any action concerning the imposition
of a wireless enhanced 911 fee by county ordinance under section
25.5(b)(2) of this chapter.
(b) Except as provided in section 34 of this chapter, a CMRS provider shall, as part of its normal monthly billing process, collect the wireless emergency enhanced 911 fee assessed under section 25.5 of this chapter from each standard user that is a customer having a place of primary use in Indiana and 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 user, the CMRS provider shall apply the payment against the amount the CMRS standard user owes to the CMRS provider before applying the payment against the fee.
(c) If the amount of a fee collected for a particular county by a CMRS provider under this section exceeds the amount of a fee imposed by the board under section 25.5(b)(1) of this chapter, the CMRS provider may indicate on its billing statement that the amount of the increase is the result of legislative action authorizing the locally imposed increase.
more than sixty (60) days after the end of the calendar month in which
the fee is collected.
(b) After December 31, 2012, a fee collected by a CMRS
provider under this chapter, less the administrative fee described
in section 36.5 of this chapter, must be remitted to the county
treasurer of the county in which the customer's place of primary
use is located. In a county having a consolidated city, the service
supplier shall remit the remainder of the fees the service supplier
collects during a calendar quarter to the fiscal officer of the
consolidated city. Fees collected by a CMRS provider must be
remitted to the appropriate county treasurer or fiscal officer not
more than sixty (60) days after the end of the calendar month in
which the fee is collected. At the same time the collected fees are
remitted, the CMRS provider shall provide a fee collection report
to the auditor of the county. In a county having a consolidated city,
the CMRS provider shall provide a fee collection report to the
fiscal officer of the consolidated city at the same time the collected
fees are remitted. The CMRS provider shall prepare the report on
a form provided by the auditor or fiscal officer.
(c) Except as provided in subsection (d), the county treasurer or
fiscal officer of a consolidated city shall deposit revenue received
under subsection (b) in the fund established under section 43 of this
chapter.
(d) The county treasurer shall transfer five cents ($0.05) of
every fee received under this section to the board for deposit in the
state wireless emergency telephone system fund.
(b) Each CMRS provider that collects a wireless emergency enhanced 911 fee that is assessed by ordinance under section 25.5(b)(2) of this chapter on behalf of a county is entitled to a one percent (1%) administrative fee as compensation for collecting the fees.
1, 2012]. Sec. 38. To recover costs under section 37 of this chapter, a
CMRS provider must submit a full, sworn, true, complete, and detailed
cost recovery plan. The board must approve the plan before the CMRS
provider may recover costs from the fund under section 37 of this
chapter.
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 user 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 user to allow for full recovery
of administration expenses.
(4) The remainder of the wireless emergency 911 fee collected
from each user 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 section 18(c)(2) of this chapter and at least one (1) member
appointed under section 18(c)(3) of this chapter.
(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
section 18(c)(2) of this chapter; and
(B) at least fifty percent (50%) of the members present at a
duly called meeting of the board who are appointed under
section 18(c)(3) of this chapter.
(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, (a) After June 30, 2012, the board shall manage the fund
in the following manner:
(1) One cent ($0.01) of the wireless emergency 911 fee collected
from each user 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 user 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 user 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) (3) The board shall deposit the remainder of the wireless
emergency 911 fee collected from each user 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).
(b) This section does not apply to fees imposed by county
ordinance under section 25.5(b)(2) of this chapter.
(c) This section expires July 1, 2013.
(1) distributions from the fund under section 39 of this chapter (before its expiration) of fees imposed upon CMRS provided before January 1, 2013; or
(2) distributions from a county treasurer or the fiscal officer of a consolidated city of fees imposed upon CMRS provided after December 31, 2012;
a PSAP must comply with the wireless enhanced 911 requirements established by the FCC order and rules.
(b) If a county fiscal body imposes a countywide fee and establish a countywide enhanced emergency telephone system, the county shall allow all public emergency response agencies in the county to participate in the enhanced emergency telephone system. The fee must be sufficient to pay the cost of the installation and operation of the enhanced emergency telephone system for all participating agencies.
(1) must be uniform;
(2) must be imposed in an amount equal to any wireless emergency enhanced 911 fee imposed by the county fiscal body under section 25.5(b)(2) of this chapter; and
(3) may not vary according to the type of exchange access facilities used in the county.
(b) The ordinance imposing a fee under section 42.1 of this chapter may not impose a fee that exceeds two dollars ($2).
[EFFECTIVE JULY 1, 2012]: Sec. 42.3. (a) The fiscal body of a
county may adopt an ordinance to change the amount of the
enhanced emergency telephone system fee that the fiscal body
imposed under section 42.1 of this chapter. However, the new fee
must comply with the limitations provided in section 42.2 of this
chapter. In addition, the fiscal body of a county may not adopt
more than one (1) ordinance in any calendar year to change the fee
imposed by the county.
(b) The fiscal body of a county may adopt an ordinance to
rescind the enhanced emergency telephone system fee that the
fiscal body imposed under section 42.1 of this chapter.
(b) During January of each year, each service supplier that is required to collect the fee for a particular county shall provide the treasurer of the county with a delinquent fee report. In a county having a consolidated city, each service supplier that is required to
collect the fee shall provide the delinquent fee report to the fiscal
officer of the consolidated city. On the report, the service supplier
shall list the name and address of each service user who is two (2)
or more months delinquent in paying the fee. The service supplier
shall also indicate the amount of delinquent fees for which each
person included on the list is liable.
(c) A service supplier has no obligation to take any legal action
to enforce the collection of the fees for which any service user is
liable. However, an action may be initiated by the county that
imposed the fees.
(d) Notwithstanding section 42.1 of this chapter, if one (1)
enhanced emergency telephone system serves exchange access
facilities in more than one (1) county, the fiscal body of the county
that provides the system may adopt an ordinance imposing the
enhanced emergency telephone system fee on each person who uses
an exchange access facility served by the system. The fee may be
imposed under this subsection without regard to whether the
service user resides in the county providing the system.
(e) Before an enhanced emergency telephone system fee may be
imposed on a service user who resides in a county other than the
county providing the system, the fiscal body of the county
providing the system must obtain the written approval of the fiscal
body of each county in which residents will be subject to the fee. A
person who uses an exchange access facility is liable for the
monthly enhanced emergency telephone system fee imposed with
respect to the exchange access facility.
a fee collection report to the fiscal officer of the consolidated city
at the same time the collected fees are remitted. The service
supplier shall prepare the report on a form provided by the auditor
or fiscal officer.
(b) Except as provided in subsection (c), the county treasurer or
fiscal officer of a consolidated city shall deposit revenue received
under subsection (a) in the fund established under section 43 of this
chapter.
(c) The county treasurer shall transfer five cents ($0.05) of every
fee received under this section to the board for deposit in the state
wireless emergency telephone system fund.
(1) a wireless emergency enhanced 911 fee;
(2) an enhanced emergency telephone system fee; and
(3) an enhanced prepaid wireless charge;
shall deposit the fees and charges in a separate fund set aside for the purposes allowed by section
(b) The county treasurer or fiscal officer 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 section.
(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) 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.
(5) Connectivity to the Indiana data and communication system (IDACS).
(6) An emergency telephone notification system under IC 36-8-21.
(7) Radio equipment for first responder agencies.
(b) The state board of accounts annually shall audit the expenditures from a county's 911 system fund during the immediately preceding calendar year by each PSAP, department, or agency that received distributions from the fund during the immediately preceding calendar year.
(c) In conducting the audits required under subsection (b), the state board of accounts shall determine whether the expenditures from the fund are in compliance with subsection (a).
(d) The state board of accounts shall impose upon any PSAP, political subdivision, or agency found to have made a noncompliant expenditure a financial penalty equal to the amount of the noncompliant expenditure. The PSAP, political subdivision, or agency shall pay the amount to the county treasurer for deposit in the county's general fund from any funding source available to the PSAP, political subdivision, or agency.
(b) A county may negotiate and enter into a lease, contract, or other obligation with a person for the purpose of procuring funds to make the payments required by a contract with a service supplier.
(c) A county may use money in an emergency telephone system fund established before July 1, 2012, to make payments of debt service on any bonds or other obligations issued to purchase, to pay
any lease rentals for the lease of, an enhanced emergency telephone
system or to make payments required under a lease, contract, or
other obligation entered into under subsection (b).
(d) A county may pledge money in an emergency telephone
system fund described in subsection (c) to make payments
permitted by subsection (a), (b), or (c) in the manner set forth in
IC 5-1-14. A county may limit payments permitted by subsection
(a), (b), or (c) to money in the emergency telephone system fund
described in subsection (c). The obligations of the county to make
the payments from that fund do not constitute a debt of the unit.
The contract, bond, obligation, or lease must contain a statement
to that effect if payments are so limited.
(e) Fees and charges deposited into a fund established under
section 43 of this chapter may not be pledged for the purposes of
this section.
(b) In providing 911 database information as described under section 2 of this chapter, 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 county or municipality. The service supplier shall provide this 911 database information to the county or municipality on a quarterly basis. The service supplier may charge a reasonable fee to the political subdivision for the administrative costs of providing the 911 database information. The service supplier may not be held liable in an action arising under this section.
[EFFECTIVE JULY 1, 2012]: Sec. 53.5. (a) After May 31, 1988, a
contract entered into between a service supplier and a service user
who has an unlisted or nonpublished telephone number listing may
not include a provision that prohibits the service supplier from
providing the service user's telephone number to a unit for
inclusion in an enhanced telephone system data base. A service
supplier (other than a service supplier who before June 1, 1988, has
contracted to not divulge a service user's unlisted or nonpublished
telephone number) shall provide the unit the name, telephone
number, and address of each service user of the supplier. A unit
may not release a telephone number required to be provided under
this section to any person for a purpose other than including the
telephone number in the enhanced emergency telephone system
data base or providing the telephone number to permit a response
to a police, fire, medical, or other emergency situation.
(b) A service supplier may amend or terminate a contract with
a service user if:
(1) the contract contains a provision that prohibits the service
supplier from providing the user's telephone number to a unit
for inclusion in an enhanced telephone system data base;
(2) the exclusion of the telephone number from the data base
would negate the purpose of this chapter; and
(3) the service user is notified of the proposed amendment or
termination of that contract at least one hundred eighty (180)
days before the service supplier takes that action.
intentionally fails to collect or remit the enhanced emergency
telephone system fee as required by this chapter commits a Class
A infraction.
(b) The ordinance imposing a fee under section 56 of this chapter may not impose a fee that exceeds two dollars ($2).
(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.
(b) The fiscal body of a county may adopt an ordinance to rescind the enhanced emergency telephone system fee that it imposed under section 56 of this chapter.
[EFFECTIVE JULY 1, 2012]: Sec. 60. (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) The county fiscal body of a county imposing an enhanced
prepaid wireless charge shall adopt an ordinance to require that
the charge be reported on forms approved by the county treasurer
and that the charge shall be paid monthly to the county treasurer.
If such an ordinance is adopted, the charge shall be paid to the
county treasurer not more than twenty (20) days after the end of
the month in which the charge is collected.
(d) All of the provisions of IC 6-2.5 relating to rights, duties,
liabilities, procedures, penalties, definitions, exemptions, and
administration are applicable to the imposition and administration
of the enhanced prepaid wireless charge except to the extent those
provisions are in conflict or inconsistent with the specific
provisions of this chapter or the requirements of the county
treasurer.
(e) A seller may deduct and retain one percent (1%) of
enhanced prepaid wireless charges that the seller collects from
consumers to reimburse the direct costs incurred by the seller in
collecting and remitting enhanced prepaid wireless charges.
(f) Except as provided in subsection (g), the county treasurer or
fiscal officer of a consolidated city shall deposit revenue received
under this section in the fund established under section 43 of this
chapter.
(g) The county treasurer shall transfer five cents ($0.05) of
every fee received under this section to the board for deposit in the
state wireless emergency telephone system fund.
other similar document provided to the consumer by the seller.
(1) governing the collection and remittance of enhanced prepaid wireless charges that are consistent with the procedures established under IC 6-8.1 concerning other listed taxes that are remitted to a county treasurer; and
(2) allowing a seller to document that a sale of prepaid wireless telecommunications service is not a retail transaction.
(b) A procedure established under subsection (a)(1):
(1) must take into consideration the differences between large and small sellers, including smaller sales volumes; and
(2) may establish lower thresholds for the remittance of enhanced prepaid wireless charges by small sellers.
For purposes of this subsection, a small seller is a seller that sells less than one hundred dollars ($100) of prepaid wireless telecommunications service each month.
(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.
(b) An enhanced prepaid wireless charge imposed under section 56 of this chapter is not considered an additional charge relating to the provision of wireless 911 service for purposes of section 29 of this chapter.
(1) A provider.
(2) A seller.
However, a county may initiate a collection action. A court finding for a county in an action may award reasonable costs and attorney's fees associated with the collection action.
(1) wireless enhanced 911 advisory board established by IC 36-8-16.5-18 (before its expiration); and
(2) beginning July 1, 2012, the IN911 board established by IC 36-8-16.5-18.5.
IC 36-8-16.5-25.5. IC 36-8-16.5-25.5(b)(1).
(b) Subject to legislative approval, 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.
(c) (b) 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.
(c) An enhanced prepaid wireless charge imposed by the board
under this chapter remains in effect until January 1, 2013.
(b) The department shall deposit all remitted enhanced prepaid wireless charges in the fund.
(b) The legislative body of the unit may appropriate money from the unit's emergency telephone system fund under IC 36-8-16-13 (before its expiration) or its 911 system fund under IC 36-8-16.5-43 to carry out the purposes of this chapter.
