Bill Text: IN SB0367 | 2012 | Regular Session | Introduced
Bill Title: PSAP fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Utilities & Technology [SB0367 Detail]
Download: Indiana-2012-SB0367-Introduced.html
Introduced Version
SENATE BILL No. 367
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DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-8.
Synopsis: PSAP fees. Provides that a municipality or county otherwise
prohibited from increasing its enhanced emergency telephone system
fee until the unit's public service answering point (PSAP) is
consolidated under an interlocal agreement containing certain
provisions may increase its enhanced emergency telephone system fee
after showing substantial progress toward consolidation by adopting an
interlocal agreement that does not yet contain all the required
provisions. Requires the unit to amend the interlocal agreement to
include the remaining required provisions before January 1, 2016.
Reduces the unit's enhanced emergency telephone system fee by the
amount of the increase if the interlocal agreement is not amended as
required before January 1, 2016. Provides that a PSAP may use money
received from the wireless emergency enhanced 911 fee for a use
permitted for an enhanced emergency telephone system fee.
Effective: July 1, 2012.
Mrvan
January 9, 2012, read first time and referred to Committee on Utilities & Technology.
Introduced
Second Regular Session 117th General Assembly (2012)
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SENATE BILL No. 367
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 36-8-16-7.5; (12)IN0367.1.1. -->
SECTION 1. IC 36-8-16-7.5, AS ADDED BY P.L.137-2008,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7.5. (a) This section applies to a unit that imposes
an enhanced emergency telephone system fee under section 5 of this
chapter on March 15, 2008.
(b) During the period beginning March 15, 2008, and ending on the date on which:
(1) the unit, if the unit is a county; or
(2) the county in which the unit is located, if the unit is a municipality;
complies with IC 36-8-16.5-51(c) or shows substantial progress toward complying with IC 36-8-16.5-51(c) by adopting an interlocal agreement that does not yet contain all the information required by IC 36-8-16.5-51(g), the unit may not adopt an ordinance under section 7 of this chapter to increase the amount of the enhanced emergency telephone system fee imposed by the unit under section 5 of this chapter.
(c) Upon:
(1) achieving compliance with IC 36-8-16.5-51(c); or
(2) showing substantial progress toward complying with IC 36-8-16.5-51(c) by adopting an interlocal agreement that does not yet contain all the information required by IC 36-8-16.5-51(g);
the unit that, under the terms of the interlocal agreement required by IC 36-8-16.5-51(e), has the authority to impose a fee under this chapter may adopt an ordinance under section 7 of this chapter to increase the amount of the enhanced emergency telephone system fee as necessary to sufficiently fund any PSAP authorized under IC 36-8-16.5-51(c), subject to the limits set forth in section 6 of this chapter.
(d) A unit that adopts an ordinance under section 7 of this chapter after showing substantial progress toward complying with IC 36-8-16.5-51(c) must amend the interlocal agreement described in subsection (c)(2) to include the remaining information required by IC 36-8-16.5-51(g) before January 1, 2016. If the interlocal agreement described in subsection (c)(2) is not amended as required by this subsection before January 1, 2016, the enhanced emergency telephone system fee imposed by the unit is reduced on January 1, 2016, to the amount imposed by the unit in the calendar month immediately preceding the calendar month in which the unit adopted an ordinance to increase the fee as permitted by subsection (c).
(b) During the period beginning March 15, 2008, and ending on the date on which:
(1) the unit, if the unit is a county; or
(2) the county in which the unit is located, if the unit is a municipality;
complies with IC 36-8-16.5-51(c) or shows substantial progress toward complying with IC 36-8-16.5-51(c) by adopting an interlocal agreement that does not yet contain all the information required by IC 36-8-16.5-51(g), the unit may not adopt an ordinance under section 7 of this chapter to increase the amount of the enhanced emergency telephone system fee imposed by the unit under section 5 of this chapter.
(c) Upon:
(1) achieving compliance with IC 36-8-16.5-51(c); or
(2) showing substantial progress toward complying with IC 36-8-16.5-51(c) by adopting an interlocal agreement that does not yet contain all the information required by IC 36-8-16.5-51(g);
the unit that, under the terms of the interlocal agreement required by IC 36-8-16.5-51(e), has the authority to impose a fee under this chapter may adopt an ordinance under section 7 of this chapter to increase the amount of the enhanced emergency telephone system fee as necessary to sufficiently fund any PSAP authorized under IC 36-8-16.5-51(c), subject to the limits set forth in section 6 of this chapter.
(d) A unit that adopts an ordinance under section 7 of this chapter after showing substantial progress toward complying with IC 36-8-16.5-51(c) must amend the interlocal agreement described in subsection (c)(2) to include the remaining information required by IC 36-8-16.5-51(g) before January 1, 2016. If the interlocal agreement described in subsection (c)(2) is not amended as required by this subsection before January 1, 2016, the enhanced emergency telephone system fee imposed by the unit is reduced on January 1, 2016, to the amount imposed by the unit in the calendar month immediately preceding the calendar month in which the unit adopted an ordinance to increase the fee as permitted by subsection (c).
SOURCE: IC 36-8-16.5-41; (12)IN0367.1.2. -->
SECTION 2. IC 36-8-16.5-41, AS AMENDED BY P.L.137-2008,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 41. (a) A PSAP shall use its distribution made
under section 39 of this chapter for the lease, purchase, or maintenance
of wireless enhanced emergency telephone equipment, including:
(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; or
(5) a use for which enhanced emergency telephone system fees may be used under IC 36-8-16-14.
(b) If:
(1) the board receives a written complaint alleging that a PSAP has used money received under this chapter in a manner that is inconsistent with this chapter; and
(2) a majority of the board votes to conduct an audit of the PSAP;
the board may contract with a third party auditor to audit the PSAP to determine whether the PSAP has used money received under this chapter in a manner consistent with this chapter.
(c) The state board of accounts shall audit the expenditures of wireless emergency enhanced 911 fees made during each of the following calendar years by each PSAP that received distributions 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) 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) In conducting the audits required under subsections (c) and (d), the state board of accounts shall determine whether the expenditures made by each PSAP are in compliance with subsection (a).
(1) necessary computer hardware, software, and data base equipment;
(2) personnel expense and training;
(3) the provision of wireless enhanced emergency service;
(4) educating consumers about the operations, limitations, role, and responsible use of enhanced 911 service; or
(5) a use for which enhanced emergency telephone system fees may be used under IC 36-8-16-14.
(b) If:
(1) the board receives a written complaint alleging that a PSAP has used money received under this chapter in a manner that is inconsistent with this chapter; and
(2) a majority of the board votes to conduct an audit of the PSAP;
the board may contract with a third party auditor to audit the PSAP to determine whether the PSAP has used money received under this chapter in a manner consistent with this chapter.
(c) The state board of accounts shall audit the expenditures of wireless emergency enhanced 911 fees made during each of the following calendar years by each PSAP that received distributions 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) 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) In conducting the audits required under subsections (c) and (d), the state board of accounts shall determine whether the expenditures made by each PSAP are in compliance with subsection (a).
