Title 36, LOCAL GOVERNMENT

Sec. 1. This chapter applies to all municipalities. As added by Acts 1981, P.L.307, SEC.2.

Sec. 2. (a) A municipality may establish a cumulative street fund to provide money for: (1) the acquisition of rights-of-way for public ways or sidewalks; or (2) the construction or reconstruction of public ways or sidewalks. (b) A cumulative street fund may be established by a m…

Sec. 3. (a) Revenues which may be deposited to the cumulative street fund include: (1) all or part of the revenues from any property tax levy dedicated for road and street purposes; (2) all or part of the municipality's federal revenue sharing funds; or (3) other sources by resol…

Sec. 0.5. As used in this chapter, "911 service prepaid wireless charge" means the charge that a seller is required to collect from a consumer under section 12 of this chapter. As added by P.L.119-2024, SEC.5.

Sec. 1. As used in this chapter, "board" refers to the statewide 911 board established by IC 36-8-16.7-24. As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.13.

Sec. 10. As used in this chapter, "seller" means a person that sells prepaid wireless telecommunications service to another person, including a retail merchant that meets the economic threshold under IC 6-2.5-2-1(d). As added by P.L.113-2010, SEC.151. Amended by P.L.159-2021, SEC…

Sec. 11. (a) The board shall impose a 911 service prepaid wireless charge on each retail transaction. The charge is not required to be paid by an eligible telecommunications carrier that is required to pay the monthly statewide 911 fee under IC 36-8-16.7-32 for the same transacti…

Sec. 12. (a) A seller shall collect the 911 service prepaid wireless charge from the consumer with respect to each retail transaction. (b) The seller shall disclose to the consumer the amount of the 911 service prepaid wireless charge. The seller may separately state the amount o…

Sec. 13. The 911 service prepaid wireless charge is the liability of the consumer and not of the seller or a provider. However, except as provided in section 15 of this chapter, a seller is liable to remit to the department all 911 service prepaid wireless charges that the seller…

Sec. 14. The amount of the 911 service 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, may not be included in the base for determining…

Sec. 15. A seller or an eligible telecommunications carrier may deduct and retain one percent (1%) of charges that the seller or eligible telecommunications carrier collects from consumers under section 11 or 12 of this chapter, to reimburse the direct costs incurred by the selle…

Sec. 16. (a) A seller is subject to the same audit and appeal procedures with respect to the collection and remittance of 911 service prepaid wireless charges as with collection and remittance of the state gross retail tax under IC 6-2.5. (b) An audit under subsection (a) must be…

Sec. 17. (a) The department, in conjunction and coordination with the board, shall establish procedures: (1) governing the collection and remittance of 911 service prepaid wireless charges in accordance with the procedures established under IC 6-8.1 concerning listed taxes; and (…

Sec. 18. (a) The department shall deposit all remitted 911 service prepaid wireless charges in the fund. (b) The board shall administer money deposited in the fund under this section in the same manner as it administers statewide 911 fees assessed under IC 36-8-16.7-32. As added …

Sec. 19. 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 telepho…

Sec. 2. As used in this chapter, "consumer" means a person that purchases prepaid wireless telecommunications service from a seller. The term includes a prepaid user. As added by P.L.113-2010, SEC.151.

Sec. 20. (a) An additional fee relating to the provision of 911 service with respect to prepaid wireless telecommunications service may not be levied by a state agency or local unit of government. (b) The 911 service prepaid wireless charge imposed by section 12 of this chapter i…

Sec. 21. The following are not required to take legal action to enforce the collection of a 911 service prepaid wireless charge that is imposed on a consumer: (1) A provider. (2) A seller. However, the department or the board may initiate a collection action. A court finding for …

Sec. 3. As used in this chapter, "department" refers to the department of state revenue. As added by P.L.113-2010, SEC.151.

Sec. 3.5. 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…

Sec. 5. As used in this chapter, "fund" refers to the statewide 911 fund established by IC 36-8-16.7-29. As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.14.

Sec. 6. As used in this chapter, "prepaid user" refers to a user of prepaid wireless telecommunications service who: (1) is issued an Indiana telephone number or an Indiana identification number for the service; or (2) purchases prepaid wireless telecommunications service in a re…

Sec. 7. 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 nine (9) one (1) one (1). As added by P.L.11…

Sec. 8. As used in this chapter, "provider" means a person or entity that offers prepaid wireless telecommunications service. As added by P.L.113-2010, SEC.151.

Sec. 9. (a) As used in this chapter, "retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. (b) The term does not include a transaction in which an eligible telecommunications carrier receives Lifeli…

Sec. 0.5. (a) As used in this chapter, "911 service" means a communications service that uses the three (3) digit number 911 to send: (1) automatic number identification or its functional equivalent or successor; and (2) automatic location information or its functional equivalent…

Sec. 1. As used in this chapter, "affiliate" has the meaning set forth in IC 23-1-43-1. The term includes a parent company or a subsidiary. As added by P.L.132-2012, SEC.20.

Sec. 10. (a) As used in this chapter, "exchange access facility" means the access from a particular service user's premises to a telephone system. (b) Regardless of technology, the term includes: (1) an access line; (2) a private branch exchange; (PBX) trunk; and (3) a centrex li…

Sec. 11. As used in this chapter, "executive director" refers to the executive director of the board. As added by P.L.132-2012, SEC.20.

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…