Title 36, LOCAL GOVERNMENT

Sec. 12. As used in this chapter, "fund" refers to the statewide 911 fund established by section 29 of this chapter. As added by P.L.132-2012, SEC.20.

Sec. 13. As used in this chapter, "interconnected VOIP service" has the meaning set forth in 47 CFR 9.3. As added by P.L.132-2012, SEC.20.

Sec. 14. As used in this chapter, "local exchange carrier" has the meaning set forth in 47 U.S.C. 153. As added by P.L.132-2012, SEC.20.

Sec. 15. As used in this chapter, "multiline telephone system" means a voice communications service system that includes the following: (1) Common control units. (2) Telephone sets. (3) Control hardware and software. (4) Adjunct systems. The term includes network and premises bas…

Sec. 16. As used in this chapter, "place of primary use" means the street address representative of where a customer's use of communications service primarily occurs, which must be: (1) the residential street address or the primary business street address of the customer or, in t…

Sec. 17. As used in this chapter, "prepaid user" has the meaning set forth in IC 36-8-16.6-6. As added by P.L.132-2012, SEC.20.

Sec. 18. As used in this chapter, "proprietary information" includes the following: (1) Customer lists and related information, including information subject to protection under 47 U.S.C. 222. (2) Technology descriptions, technical information, or trade secrets (as defined in IC …

Sec. 19. (a) As used in this chapter, "provider" means a person or entity, or an affiliate of a person or an entity, that: (1) offers communications service to users in Indiana; and (2) provides, or is required by the Federal Communications Commission to provide, a user with dire…

Sec. 2. As used in this chapter, "automatic location information" means information that is transmitted while 911 service is provided and that permits emergency service providers to identify the geographic location of the party initiating the communication. As added by P.L.132-20…

Sec. 20. As used in this chapter, "PSAP" refers to a public safety answering point: (1) that operates on a twenty-four (24) hour basis; and (2) whose primary function is to receive incoming requests for emergency assistance and relay those requests to an appropriate responding pu…

Sec. 21. As used in this chapter, "standard user" or "user" refers to: (1) a communications service user who pays retrospectively for the service and has an Indiana billing address for the service; and (2) in the case of a nonmobile communications service user, an exchange access…

Sec. 22. As used in this chapter, "statewide 911 system" means a communications system that uses the three (3) digit number 911 to send: (1) an emergency call for assistance from the public by voice, text message, or other communication method or a functional equivalent or succes…

Sec. 23. As used in this chapter, "VOIP provider" means a provider that offers interconnected VOIP service to users in Indiana. As added by P.L.132-2012, SEC.20.

Sec. 24. (a) The statewide 911 board is established to develop, implement, and oversee the statewide 911 system. The board is a body corporate and politic, and though it is separate from the state, the exercise by the board of its powers constitutes an essential governmental func…

Sec. 25. A majority of the voting members of the board constitutes a quorum for the purposes of taking action. A meeting of the board is subject to IC 5-14-1.5. As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.8.

Sec. 26. (a) Each member of the board who is not a state employee is not entitled to receive the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is, however, entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actual…

Sec. 27. (a) The board may do the following to implement this chapter: (1) Sue and be sued. (2) Adopt and alter an official seal. (3) Adopt and enforce bylaws and rules for: (A) the conduct of board business; and (B) the use of board services and facilities. (4) Subject to subsec…

Sec. 28. (a) The board shall appoint an executive director of the board to do the following: (1) Administer, manage, and direct employees of the board. (2) Approve salaries and allowable expenses for board members, employees, and consultants. (3) Attend board meetings and record …

Sec. 29. (a) The statewide 911 fund is established for the purposes of creating and maintaining a uniform statewide 911 system. The board shall administer the fund. The expenses of administering the fund must be paid from money in the fund. (b) The fund consists of the following:…

Sec. 3. As used in this chapter, "automatic number identification" has the meaning set forth in 47 CFR 20.3. As added by P.L.132-2012, SEC.20.

Sec. 30. (a) The state board of accounts shall audit the fund to determine whether the fund is being managed in accordance with this chapter. (b) In conjunction with the board's review under section 38(d) of this chapter of the state board of accounts' audit of PSAPs, the board s…

Sec. 31. The board may retain an independent, third party accounting firm or fiscal agent for purposes of processing checks and distributing funds as directed by the board and as allowed by this chapter. The board shall pay for these services as an administrative cost of the boar…

Sec. 32. (a) Except as provided in subsections (b) and (d), and subject to section 48(e) of this chapter, the board shall assess a monthly statewide 911 fee on each standard user that is a customer having a place of primary use in Indiana at a rate that ensures full recovery of t…

Sec. 33. (a) As part of the provider's normal monthly billing process, a provider: (1) shall collect the fee from each standard user that is a customer having a place of primary use in Indiana; and (2) may list the fee as a separate line item on each bill. (b) If a provider recei…

Sec. 34. The statewide 911 fee is the liability of the user and not of a provider. However, except as provided in section 33(d) of this chapter, a provider is liable to remit to the board all statewide 911 fees that the provider collects from users. As added by P.L.132-2012, SEC.…

Sec. 35. The amount of a statewide 911 fee that is collected by a provider from a user, whether separately stated on an invoice, receipt, or other document, may not be included in the base for measuring any tax, surcharge, or other charge that is imposed by the state, a political…

Sec. 36. A provider is not required to take legal action to enforce the collection of the 911 fee for which a user is billed. However, the board may initiate a collection action. A court finding for the board in the action may award reasonable costs and attorney fees associated w…

Sec. 37. (a) Subject to subsection (b), the board shall administer the fund in the following manner: (1) In each state fiscal year, the board may retain the lesser of: (A) ten percent (10%) of the statewide 911 fees deposited in the fund in the previous state fiscal year; or (B) …

Sec. 38. (a) A PSAP may use a distribution from a county under this chapter only for the following: (1) The lease, purchase, or maintenance of communications service equipment. (2) Necessary system hardware and software and data base equipment. (3) Personnel expenses, including w…

Sec. 38.5. (a) This section applies to a political subdivision that operates a PSAP. (b) Notwithstanding any other law, the fiscal body of a political subdivision may adopt an ordinance to authorize payment in advance of all or part of the cost of: (1) the lease, purchase, or mai…

Sec. 39. (a) In cooperation with the board, a provider shall designate a person to coordinate with and provide all relevant information to the board to assist the board in carrying out its duties under this chapter. (b) A provider shall provide the automatic number identification…

Sec. 4. As used in this chapter, "board" refers to the statewide 911 board established by section 24 of this chapter. As added by P.L.132-2012, SEC.20.

Sec. 40. (a) As used in this section, "emergency notification system" means a method associated with a 911 system capability that provides communications service users within the territory served by a PSAP with a warning, delivered through a device or medium by which users receiv…

Sec. 41. (a) A provider shall, upon request, provide to a PSAP the necessary user data to enable the PSAP to implement and operate a 911 system. User data provided to a PSAP for the purpose of implementing or updating a 911 system may be used only to identify: (1) a user; (2) a u…

Sec. 42. (a) All proprietary information submitted to the board or the treasurer of state, or to the budget committee under section 48 of this chapter, is confidential. Notwithstanding any other law, proprietary information submitted under this chapter is not subject to subpoena,…

Sec. 43. Notwithstanding any other law: (1) the board; (2) a PSAP; (3) a political subdivision; (4) a provider; (5) an employee, director, officer, or agent of a PSAP, a political subdivision, or a provider; or (6) an employee or member of the board, the board chair, the executiv…

Sec. 44. A person may not use 911 service except to make emergency calls that may result in the dispatch of the appropriate response for fire suppression and rescue, emergency medical or ambulance services, hazardous material, disaster or major emergency occurrences, and law enfo…

Sec. 45. (a) This section does not apply to: (1) a person that connects to a 911 network using automatic crash notification technology subject to an established protocol; or (2) a newborn safety device described in IC 31-34-2.5-1(a)(5). (b) A person may not connect to a 911 netwo…

Sec. 46. A person who knowingly or intentionally places a 911 call: (1) for a purpose other than obtaining public safety assistance or emergency services; or (2) to avoid communications service charges or fees; commits a Class A misdemeanor. As added by P.L.132-2012, SEC.20.…

Sec. 47. (a) For purposes of this section, a PSAP includes a public safety communications system operated and maintained under IC 36-8-15. (b) As used in this section, "PSAP operator" means: (1) a political subdivision; or (2) an agency; that operates a PSAP. The term does not in…

Sec. 48. (a) The budget committee shall review the statewide 911 system governed by this chapter for the two (2) calendar years ending: (1) December 31, 2013; and (2) December 31, 2014. (b) In conducting the review required by this section, the budget committee may examine the fo…

Sec. 5. As used in this chapter, "CMRS" refers to commercial mobile radio service (as defined in 47 CFR 20.3). As added by P.L.132-2012, SEC.20.

Sec. 6. As used in this chapter, "CMRS provider" means a person that offers CMRS to users in Indiana. As added by P.L.132-2012, SEC.20.

Sec. 7. (a) As used in this chapter, "communications service" means any service that: (1) uses telephone numbers or IP addresses or their functional equivalents or successors; (2) allows access to, or a connection or interface with, a 911 system through the activation or enabling…

Sec. 8. (a) As used in this chapter, except as provided in subsection (b), "customer" means: (1) the person or entity that contracts with a provider for communications service; or (2) if the end user of communications service is not the contracting party, the end user of the comm…

Sec. 8.7. As used in this chapter, "eligible telecommunications carrier" refers to a provider that is designated by the Indiana utility regulatory commission as an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund…