Indiana § 36-8-15-19 - Operational funding; ad valorem property tax; funding by local income tax distribution in lieu of property tax; election by ordinance; adjustment of property tax limits; reduction of tax of units joining or withdrawing from district

Full text of Indiana Indiana Code § 36-8-15-19 — Operational funding; ad valorem property tax; funding by local income tax distribution in lieu of property tax; election by ordinance; adjustment of property tax limits; reduction of tax of units joining or withdrawing from district, with citation guidance and answers to common questions.

§ 36-8-15-19. Operational funding; ad valorem property tax; funding by local income tax distribution in lieu of property tax; election by ordinance; adjustment of property tax limits; reduction of tax of units joining or withdrawing from district

Sec. 19. (a) This subsection applies to a county that has a population of more than two hundred thousand (200,000) and less than two hundred fifty thousand (250,000). For the purpose of raising money to fund the operation of the district, the county fiscal body may impose, for property taxes first due and payable during each year after the adoption of an ordinance establishing the district, an ad valorem property tax levy on property within the district. The property tax rate for that levy may not exceed five cents ($0.05) on each one hundred dollars ($100) of assessed valuation.

(b) This subsection applies to a county having a consolidated city. The county fiscal body may elect to fund the operation of the district from part of the certified distribution, if any, that the county is to receive during a particular calendar year under IC 6-3.6-9. To make such an election, the county fiscal body must adopt an ordinance before November 1 of the immediately preceding calendar year. The county fiscal body must specify in the ordinance the amount of the certified distribution that is to be used to fund the operation of the district. If the county fiscal body adopts such an ordinance, it shall immediately send a copy of the ordinance to the county auditor.

(c) Subject to subsections (d), (e), and (f), if an ordinance or resolution is adopted changing the territory covered by the district or the number of public agencies served by the district, the department of local government finance shall, for property taxes first due and payable during the year after the adoption of the ordinance, adjust the maximum permissible ad valorem property tax levy limits of the district and the units participating in the district.

(d) If a unit by ordinance or resolution joins the district or elects to have its public safety agencies served by the district, the department of local government finance shall reduce the maximum permissible ad valorem property tax levy of the unit for property taxes first due and payable during the year after the adoption of the ordinance or resolution. The reduction shall be based on the amount budgeted by the unit for public safety communication services in the year in which the ordinance was adopted. If such an ordinance or resolution is adopted, the district shall refer its proposed budget, ad valorem property tax levy, and property tax rate for the following year to the department of local government finance, which shall review and set the budget, levy, and rate as though the district were covered by IC 6-1.1-18.5-7.

(e) If a unit by ordinance or resolution withdraws from the district or rescinds its election to have its public safety agencies served by the district, the department of local government finance shall reduce the maximum permissible ad valorem property tax levy of the district for property taxes first due and payable during the year after the adoption of the ordinance or resolution. The reduction shall be based on the amounts being levied by the district within that unit. If such an ordinance or resolution is adopted, the unit shall refer its proposed budget, ad valorem property tax levy, and property tax rate for public safety communication services to the department of local government finance, which shall review and set the budget, levy, and rate as though the unit were covered by IC 6-1.1-18.5-7.

(f) The adjustments provided for in subsections (c), (d), and (e) do not apply to a district or unit located in a particular county if the county fiscal body of that county does not impose an ad valorem property tax levy under subsection (a) to fund the operation of the district.

(g) A county that has adopted an ordinance under section 1(3) of this chapter may not impose an ad valorem property tax levy on property within the district to fund the operation or implementation of the district.

As added by P.L.225-1986, SEC.8. Amended by P.L.32-1986, SEC.9; P.L.6-1997, SEC.215; P.L.148-2007, SEC.9; P.L.195-2007, SEC.10; P.L.224-2007, SEC.131; P.L.3-2008, SEC.267; P.L.146-2008, SEC.784; P.L.182-2009(ss), SEC.440; P.L.119-2012, SEC.222; P.L.137-2012, SEC.122; P.L.197-2016, SEC.146; P.L.104-2022, SEC.202.

IC 36-8-16Chapter 16. RepealedRepealed by P.L.132-2012, SEC.11.

IC 36-8-16.5Chapter 16.5. RepealedRepealed by P.L.132-2012, SEC.12.

IC 36-8-16.6Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge

36-8-16.6-0.5"911 service prepaid wireless charge" 36-8-16.6-1"Board" 36-8-16.6-2"Consumer" 36-8-16.6-3"Department" 36-8-16.6-3.5"Eligible telecommunications carrier" 36-8-16.6-4Repealed 36-8-16.6-5"Fund" 36-8-16.6-6"Prepaid user" 36-8-16.6-7"Prepaid wireless telecommunications service" 36-8-16.6-8"Provider" 36-8-16.6-9"Retail transaction" 36-8-16.6-10"Seller" 36-8-16.6-11Enhanced prepaid wireless charge; responsibility of eligible telecommunications carriers; board's written notice if charge increased 36-8-16.6-12Collection of fee by seller 36-8-16.6-13Consumer's liability for charge; seller's obligation to remit charges collected 36-8-16.6-14Exclusion of fee from calculation of certain taxes and other charges 36-8-16.6-15Seller's or eligible telecommunications carrier's allowance for collection 36-8-16.6-16Audits of seller records 36-8-16.6-17Administrative guidance; audits; reports 36-8-16.6-18Department's duty to deposit remitted charges in fund; board to administer money in fund 36-8-16.6-19Limitation on liability of seller 36-8-16.6-20Limitation on additional fees 36-8-16.6-21Collection of fees directly from purchaser or consumer 36-8-16.6-22Repealed

IC 36-8-16.6-0.5"911 service prepaid wireless charge" 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.

IC 36-8-16.6-1"Board" 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.

IC 36-8-16.6-2"Consumer" 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.

IC 36-8-16.6-3"Department" Sec. 3. As used in this chapter, "department" refers to the department of state revenue.

As added by P.L.113-2010, SEC.151.

IC 36-8-16.6-3.5"Eligible telecommunications carrier" 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 through the administrator designated by the Federal Communications Commission.

As added by P.L.36-2016, SEC.1.

IC 36-8-16.6-4RepealedAs added by P.L.113-2010, SEC.151. Repealed by P.L.119-2024, SEC.6.

IC 36-8-16.6-5"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.

IC 36-8-16.6-6"Prepaid user" 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 retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).

As added by P.L.113-2010, SEC.151.

IC 36-8-16.6-7"Prepaid wireless telecommunications service" 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.113-2010, SEC.151.

IC 36-8-16.6-8"Provider" 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.

IC 36-8-16.6-9"Retail transaction" 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 Lifeline reimbursement from the universal service fund.

As added by P.L.113-2010, SEC.151. Amended by P.L.36-2016, SEC.2.

IC 36-8-16.6-10"Seller" 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.42; P.L.118-2024, SEC.35.

IC 36-8-16.6-11Enhanced prepaid wireless charge; responsibility of eligible telecommunications carriers; board's written notice if charge increased 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 transaction. The amount of the charge is one dollar ($1). The board may increase the 911 service prepaid wireless charge to ensure adequate revenue for the board to fulfill its duties and obligations under this chapter and IC 36-8-16.7. The following apply to an increase in the 911 service prepaid wireless charge:

(1) The board may increase the charge only one (1) time after April 30, 2023, and before July 1, 2026, in an amount not to exceed ten cents ($0.10).

(2) The board may increase the charge only after review by the budget committee.

(b) A consumer that is the federal government or an agency of the federal government is exempt from the 911 service prepaid wireless charge imposed under this section.

(c) This subsection applies to an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission. An eligible telecommunications carrier:

(1) is not considered an agency of the federal government for purposes of the exemption set forth in subsection (b); and

(2) with respect to prepaid wireless telecommunications service provided to end users by the eligible telecommunications carrier in its capacity as an eligible telecommunications carrier, is liable for the charge imposed under subsection (d).

(d) Beginning September 1, 2015, and on the first day of each month thereafter, an eligible telecommunications carrier described in subsection (c) shall pay to the board a charge equal to the product of the following factors:

(1) The 911 service prepaid wireless charge established under subsection (a).

(2) The number of unique end users for which the eligible telecommunications carrier received reimbursement from the universal service fund during the immediately preceding month.

The eligible telecommunications carrier may bill and collect from each end user the charges calculated under this subsection with respect to the end user. The eligible telecommunications carrier shall determine the manner in which the eligible telecommunications carrier bills and collects the charges. Except as provided in section 15 of this chapter, an eligible telecommunications carrier may not bill and collect from an end user an amount greater than the charges paid by the eligible telecommunications carrier to the board with respect to the end user.

(e) If the board increases the 911 service prepaid wireless charge under subsection (a), the board shall provide written notice to the department of state revenue not later than sixty (60) days before the date the increase takes effect that includes:

(1) the effective date for the increase; and

(2) the amount of the charge as increased by the board.

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.15; P.L.107-2014, SEC.6; P.L.157-2015, SEC.4; P.L.36-2016, SEC.3; P.L.117-2020, SEC.2; P.L.131-2023, SEC.1; P.L.119-2024, SEC.7.

IC 36-8-16.6-12Collection of fee by seller 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 of the 911 service 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) Subject to section 15 of this chapter, a seller shall remit 911 service prepaid wireless charges to the department at the time and in the manner prescribed by the department.

As added by P.L.113-2010, SEC.151. Amended by P.L.119-2024, SEC.8.

IC 36-8-16.6-13Consumer's liability for charge; seller's obligation to remit charges collected 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 collects from consumers under section 12 of this chapter, including all charges that the seller is considered 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.

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.16; P.L.36-2016, SEC.4; P.L.119-2024, SEC.9.

IC 36-8-16.6-14Exclusion of fee from calculation of certain taxes and other charges 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 a tax, fee, surcharge, or other charge that is imposed by the state, a political subdivision, or any other governmental agency.

As added by P.L.113-2010, SEC.151. Amended by P.L.119-2024, SEC.10.

IC 36-8-16.6-15Seller's or eligible telecommunications carrier's allowance for collection 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 seller or eligible telecommunications carrier in collecting and remitting the charges.

As added by P.L.113-2010, SEC.151. Amended by P.L.36-2016, SEC.5.

IC 36-8-16.6-16Audits of seller records 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 conducted either:

(1) jointly by the department of state revenue and the board; or

(2) by an independent auditor engaged by the board to conduct a cost effective flat rate audit.

(1) be of an indefinite term;

(2) include hourly or per diem fees; or

(3) include payment based on contingency.

As added by P.L.113-2010, SEC.151. Amended by P.L.181-2015, SEC.49; P.L.119-2024, SEC.11.

IC 36-8-16.6-17Administrative guidance; audits; reports 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

(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 911 service 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.

(c) On an annual basis, the board may audit providers to determine compliance with procedures established under subsection (a). Not later than March 1 of the year immediately following an audit, the board shall submit, in an electronic format under IC 5-14-6, a copy of the audit to the general assembly and the budget committee.

As added by P.L.113-2010, SEC.151. Amended by P.L.157-2015, SEC.5; P.L.119-2024, SEC.12.

IC 36-8-16.6-18Department's duty to deposit remitted charges in fund; board to administer money in fund 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 by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.17; P.L.119-2024, SEC.13.

IC 36-8-16.6-19Limitation on liability of seller 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 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.

As added by P.L.113-2010, SEC.151.

IC 36-8-16.6-20Limitation on additional fees 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 is not considered an additional charge relating to the provision of 911 service for purposes of IC 36-8-16.7-32(d).

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.18; P.L.119-2024, SEC.14.

IC 36-8-16.6-21Collection of fees directly from purchaser or consumer 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 the department or the board, as applicable, in an action may award reasonable costs and attorney's fees associated with the collection action.

As added by P.L.113-2010, SEC.151. Amended by P.L.119-2024, SEC.15.

IC 36-8-16.6-22RepealedAs added by P.L.113-2010, SEC.151. Repealed by P.L.132-2012, SEC.19.

IC 36-8-16.7Chapter 16.7. Statewide 911 Services

36-8-16.7-0.5"911 service" 36-8-16.7-1"Affiliate" 36-8-16.7-2"Automatic location information" 36-8-16.7-3"Automatic number identification" 36-8-16.7-4"Board" 36-8-16.7-5"CMRS" 36-8-16.7-6"CMRS provider" 36-8-16.7-7"Communications service" 36-8-16.7-8"Customer" 36-8-16.7-8.7"Eligible telecommunications carrier" 36-8-16.7-9Repealed 36-8-16.7-10"Exchange access facility" 36-8-16.7-11"Executive director" 36-8-16.7-12"Fund" 36-8-16.7-13"Interconnected VOIP service" 36-8-16.7-14"Local exchange carrier" 36-8-16.7-15"Multiline telephone system" 36-8-16.7-16"Place of primary use" 36-8-16.7-17"Prepaid user" 36-8-16.7-18"Proprietary information" 36-8-16.7-19"Provider" 36-8-16.7-20"PSAP" 36-8-16.7-21"Standard user" or "user" 36-8-16.7-22"Statewide 911 system" 36-8-16.7-23"VOIP provider" 36-8-16.7-24Statewide 911 board; establishment; recommendations to governor; membership; state treasurer as chair; terms; residency; proxy voting prohibited 36-8-16.7-25Board quorum; meetings subject to open door law 36-8-16.7-26Board members; expense reimbursement 36-8-16.7-27Powers of board; contracts for communications service and equipment; Indiana transparency website 36-8-16.7-28Executive director; duties; salary 36-8-16.7-29Statewide 911 fund; investments; money not subject to transfer, reversion, or reassignment; money continuously appropriated 36-8-16.7-30State board of accounts audit; board review of 911 service 36-8-16.7-31Use of third party to process checks and distribute funds 36-8-16.7-32Monthly statewide 911 fee; amount; adjustments; additional fees prohibited; exemptions; responsibility of eligible telecommunications carriers; written notice if fee increased 36-8-16.7-33Provider's duty to collect and remit fee; report to board; cost reimbursement 36-8-16.7-34User's liability for fee; provider's obligation to remit fees collected 36-8-16.7-35Fee not to be included in base for taxes and other charges 36-8-16.7-36Provider not required to enforce fee collection; collection action by board 36-8-16.7-37Board's administration of fund; board's expenses; distribution to counties 36-8-16.7-38PSAP use of distributions; annual report to board; audits 36-8-16.7-38.5Advance payment of certain expenses; reimbursement 36-8-16.7-39Providers' duty to coordinate with board and provide information; board's use of confidential information 36-8-16.7-40Emergency notification systems; establishment by county; board approval required; provider's duty to provide user data 36-8-16.7-41Providers' duty to provide user data to PSAPs; permissible uses by PSAP; violations; contracts between providers and users 36-8-16.7-42Confidentiality of proprietary information 36-8-16.7-43Immunity from civil or criminal liability 36-8-16.7-44Permissible uses of 911 service 36-8-16.7-45Automatic dialing of 911 prohibited; violations 36-8-16.7-46Knowing or intentional placement of 911 calls for prohibited purposes 36-8-16.7-47Counties prohibited from containing more than two PSAPs after December 31, 2014; exceptions; interlocal agreements; parties; required plans and protocols; noncomplying counties; distributions of fees prohibited 36-8-16.7-48Budget committee's review of statewide 911 system; considerations; report of findings to legislative council; recommendation on continuation of fee after June 30, 2015; expiration of fee 36-8-16.7-49Expired

IC 36-8-16.7-0.5"911 service" 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 or successor;

for reporting police, fire, medical, or other emergency situations.

(b) The term includes both Phase I and Phase II enhanced 911 services, as described in 47 CFR 9.10.

As added by P.L.1-2025, SEC.239.

IC 36-8-16.7-1"Affiliate" 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.

IC 36-8-16.7-2"Automatic location information" 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.132-2012, SEC.20. Amended by P.L.119-2024, SEC.16.

IC 36-8-16.7-3"Automatic number identification" 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.

IC 36-8-16.7-4"Board" 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.

IC 36-8-16.7-5"CMRS" 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.

IC 36-8-16.7-6"CMRS provider" 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.

IC 36-8-16.7-7"Communications service" 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 of a device, transmission medium, or technology that is used by a customer to dial, initialize, or otherwise activate the 911 system, regardless of the particular device, transmission medium, or technology employed;

(3) provides or enables real time or interactive communications, other than machine to machine communications; and

(4) is available to a prepaid user or a standard user.

(b) The term includes the following:

(1) Internet protocol enabled services and applications that are provided through wireline, cable, wireless, or satellite facilities, or any other facility or platform that is capable of establishing or connecting a 911 communication from the public to be relayed to a PSAP.

(2) A multiline telephone system.

(3) CMRS.

(4) Interconnected VOIP service and voice over power lines.

(5) Integrated telecommunications service (as defined in 47 CFR 400.2).

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.17.

IC 36-8-16.7-8"Customer" 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 communications service.

However, subdivision (2) applies only for the purpose of determining the place of primary use.

(b) The term does not include:

(1) a reseller of communications service; or

(2) a provider other than the customer's provider that has an arrangement with the customer's provider to serve the customer outside the licensed service area of the customer's provider.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-8.7"Eligible telecommunications carrier" 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 through the administrator designated by the Federal Communications Commission.

As added by P.L.36-2016, SEC.6.

IC 36-8-16.7-9RepealedAs added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.18. Repealed by P.L.1-2025, SEC.240.

IC 36-8-16.7-10"Exchange access facility" 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 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.

(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;

(4) an incoming only line; or

(5) the provision of broadband Internet access service.

As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.6.

IC 36-8-16.7-11"Executive director" 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.

IC 36-8-16.7-12"Fund" 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.

IC 36-8-16.7-13"Interconnected VOIP service" 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.

IC 36-8-16.7-14"Local exchange carrier" 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.

IC 36-8-16.7-15"Multiline telephone system" 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 based systems as classified by FCC Part 68 (47 CFR part 68) Requirements.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-16"Place of primary use" 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 the case of a subscriber of interconnected VOIP service, the subscriber's registered location (as defined in 47 CFR 9.3);

(2) within the licensed service area of the customer's provider; and

(3) in the case of:

(A) mobile communications service, determined in the manner provided in IC 6-8.1-15; and

(B) nonmobile communications service, determined in the manner provided in IC 6-2.5-12.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-17"Prepaid user" 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.

IC 36-8-16.7-18"Proprietary information" 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 24-2-3-2).

(3) Information that:

(A) concerns the actual or developmental costs of 911 systems; and

(B) is developed, produced, or received internally by a provider or by a provider's employees, directors, officers, or agents.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-19"Provider" 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 direct access to a PSAP through the placement of a 911 communication.

(b) The term includes the following:

(1) Facilities based and nonfacilities based resellers of communications service.

(2) Any other provider of communications service through wireline or wireless means, regardless of whether the provider is subject to regulation by the Indiana utility regulatory commission.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-20"PSAP" 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 public safety agency.

The term includes an emergency communications center (ECC) which shall not be construed to create an additional PSAP.

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.19.

IC 36-8-16.7-21"Standard user" or "user" 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 facility used in Indiana.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-22"Statewide 911 system" 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 successor;

(2) automatic number identification or its functional equivalent or successor; and

(3) automatic location information or its functional equivalent or successor;

for reporting police, fire, medical, or other emergency situations.

As added by P.L.132-2012, SEC.20. Amended by P.L.117-2020, SEC.3.

IC 36-8-16.7-23"VOIP provider" 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.

IC 36-8-16.7-24Statewide 911 board; establishment; recommendations to governor; membership; state treasurer as chair; terms; residency; proxy voting prohibited 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 function.

(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 three (3) individuals, at least one (1) of whom must have budget experience at the local level.

(2) The facilities based CMRS providers authorized to provide CMRS in Indiana shall jointly recommend one (1) individual.

(3) The Indiana Association of County Commissioners shall recommend one (1) individual who is a county commissioner in Indiana.

(4) The Indiana Sheriffs' Association shall recommend one (1) individual who is a county sheriff in Indiana.

(5) The Indiana Telecommunications Association, or any successor organization, 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.

(6) The Indiana Cable Telecommunications Association shall recommend one (1) individual representing a VOIP provider.

(7) The Indiana Association of Cities and Towns shall recommend one (1) individual representing municipalities.

(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 considering the recommendations submitted under subsection (b)(1) by the executive committees of NENA and APCO. At least one (1) member appointed under this subdivision must have budget experience at the local level.

(3) One (1) facilities based CMRS member who is appointed by the governor after considering the recommendation submitted under subsection (b)(2) by the facilities based CMRS providers authorized to provide CMRS in Indiana. A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (6), (7), or (8).

(4) One (1) county commissioner member appointed by the governor after considering the recommendation submitted under subsection (b)(3) by the Indiana Association of County Commissioners.

(5) One (1) county sheriff member appointed by the governor after considering the recommendation submitted under subsection (b)(4) by the Indiana Sheriffs' Association.

(6) One (1) member who represents a local exchange carrier that serves less than fifty thousand (50,000) local exchange access lines in Indiana and who is appointed by the governor after considering the recommendation of the Indiana Telecommunications Association, or any successor organization, under subsection (b)(5)(A). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (7), or (8).

(7) One (1) member who represents a local exchange carrier that serves at least fifty thousand (50,000) local exchange access lines in Indiana and who is appointed by the governor after considering the recommendation of the Indiana Telecommunications Association, or any successor organization, under subsection (b)(5)(B). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (6), or (8).

(8) One (1) member who represents a VOIP provider and who is appointed by the governor after considering the recommendation of the Indiana Cable Telecommunications Association under subsection (b)(6). A member appointed under this subdivision may not be affiliated with the same business entity as a member appointed under subdivision (3), (6), or (7).

(9) One (1) member who represents municipalities and is appointed by the governor after considering the recommendation of the Indiana Association of Cities and Towns submitted under subsection (b)(7).

(10) The state fire marshal or the state fire marshal's designee.

(11) The superintendent of the state police department or the superintendent's designee.

(12) The executive director of the department of homeland security, or the executive director's designee. The executive director of the department of homeland security or the executive director's designee is a nonvoting member of the board.

(13) The state GIS officer. The state GIS officer is a nonvoting member of the board.

(d) This subsection applies to a member appointed by the governor under subsection (c)(2) through (c)(9). 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 five (5) members expire in a single calendar year. After the initial appointments, subsequent appointments shall be for three (3) 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)(9), the governor shall take into account the various geographical areas of Indiana, including rural and urban areas. A member appointed by the governor serves at the pleasure of the governor.

(e) A member must be a resident of Indiana.

(f) A member may not vote by proxy.

As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.7; P.L.36-2016, SEC.7.

IC 36-8-16.7-25Board quorum; meetings subject to open door law 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.

IC 36-8-16.7-26Board members; expense reimbursement 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 actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

(b) Each member of the board who is a state employee is entitled to reimbursement for travel expenses as provided under IC 4-13-1-4 and other expenses actually incurred in connection with the member's duties as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-27Powers of board; contracts for communications service and equipment; Indiana transparency website 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 subsection (c), acquire, hold, use, and otherwise dispose of the board's income, revenues, funds, and money.

(5) Subject to subsections (b) and (c), enter into contracts, including contracts:

(A) for professional services;

(B) for purchase of supplies or services; and

(6) Subject to subsection (c), hire staff.

(7) Adopt rules under IC 4-22-2 to implement this chapter.

(8) Develop, maintain, and update a statewide 911 plan.

(9) Subject to subsection (c), administer the statewide 911 fund established by section 29 of this chapter.

(10) Administer and distribute the statewide 911 fee in accordance with section 37 of this chapter.

(11) Subject to subsection (c), administer statewide 911 grants in accordance with state and federal guidelines.

(12) Obtain from each PSAP operating statistics and other performance measurements, including call statistics by category and emergency medical dispatching (EMD) certifications.

(13) Take action as needed to ensure that the statewide 911 system and PSAPs served by the statewide 911 system establish and maintain an adequate security posture to ensure public safety and the protection of personal information.

(14) Take other necessary or convenient actions to implement this chapter that are not inconsistent with Indiana law.

(b) A contract for the purchase of communications service or equipment by the board must be awarded through an invitation for bids or a request for proposals as described in IC 5-22. The board shall enter into a cooperative agreement with the Indiana department of administration for the department to administer the board's purchases under this chapter using the department's purchasing agents.

(c) The board shall be considered a state agency for purposes of IC 5-14-3.5. Subject to IC 5-14-3.5-4, the following shall be posted to the Indiana transparency website in accordance with IC 5-14-3.5-2:

(1) Expenditures by the board, including expenditures for contracts, grants, and leases.

(2) The balance of the statewide 911 fund established by section 29 of this chapter.

(3) A listing of the board's real and personal property that has a value of more than twenty thousand dollars ($20,000).

The board shall cooperate with and provide information to the state comptroller as required by IC 5-14-3.5-8.

(d) Information relating to security measures or precautions used to secure the statewide 911 system may be excepted from public disclosure under IC 5-14-3-4 at the discretion of the board.

As added by P.L.132-2012, SEC.20. Amended by P.L.9-2024, SEC.560; P.L.119-2024, SEC.20.

IC 36-8-16.7-28Executive director; duties; salary 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 all proceedings of the board. However, the executive director is not considered a member of the board for any purpose, including voting or establishing a quorum.

(4) Maintain books, documents, and papers filed with the board, including minutes.

(5) Perform other duties as directed by the board.

(b) The board shall determine the salary and other compensation of the executive director.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-29Statewide 911 fund; investments; money not subject to transfer, reversion, or reassignment; money continuously appropriated 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:

(1) The statewide 911 fee assessed on users under section 32 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) 911 service prepaid wireless charges collected and remitted under IC 36-8-16.6-12.

(6) Money from any other source that is deposited in or transferred to the fund.

(c) The treasurer of state may invest money in the fund in the same manner as other funds of the state may be invested under IC 5-13.

(d) The fund is considered a trust fund for purposes of IC 4-9.1-1-7. Money in the fund:

(1) does not revert at the end of any state fiscal year but remains available for the purposes of the fund in subsequent state fiscal years, notwithstanding IC 4-13-2-19 or any other law; and

(2) is not subject to transfer to any other fund or to transfer, assignment, or reassignment for any other use or purpose by:

(A) the state board of finance notwithstanding IC 4-9.1-1-7, IC 4-13-2-23, or any other law; or

(B) the budget agency or any other state agency notwithstanding IC 4-12-1-12 or any other law.

(e) Money in the fund is continuously appropriated for the purposes of the fund.

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.21.

IC 36-8-16.7-30State board of accounts audit; board review of 911 service 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 shall review 911 service in Indiana, including the collection, disbursement, and use of the statewide 911 fee assessed under section 32 of this chapter. The purpose of the review is to ensure that the statewide 911 fee:

(1) does not exceed the amount reasonably necessary to provide adequate and efficient 911 service; and

(2) is used only for the purposes set forth in this chapter.

As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.9; P.L.181-2015, SEC.50.

IC 36-8-16.7-31Use of third party to process checks and distribute funds 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 board.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-32Monthly statewide 911 fee; amount; adjustments; additional fees prohibited; exemptions; responsibility of eligible telecommunications carriers; written notice if fee increased 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 the amount needed for the board to make distributions to county treasurers consistent with this chapter and that provides for the proper development, operation, and maintenance of a statewide 911 system. The amount of the fee assessed under this subsection is one dollar ($1). The board may adjust the statewide 911 fee to ensure adequate revenue for the board to fulfill the board's duties and obligations under this chapter, subject to the following:

(1) The following apply to an increase in the fee:

(A) The board may increase the fee only one (1) time after April 30, 2023, and before July 1, 2026, in an amount not to exceed ten cents ($0.10).

(B) The board may increase the fee only after review by the budget committee.

(2) The fee may not be lowered more than one (1) time in a calendar year.

(3) The fee may not be lowered by an amount that is more than ten cents ($0.10) without legislative approval.

(b) The fee assessed under this section does not apply to a prepaid user in a retail transaction under IC 36-8-16.6.

(c) An additional fee relating to the provision of 911 service may not be levied by a state agency or local unit of government. A 911 service prepaid wireless charge (as defined in IC 36-8-16.6-0.5) is not considered an additional fee relating to the provision of wireless 911 service for purposes of this section.

(d) A user is exempt from the fee if the user is any of the following:

(1) The federal government or an agency of the federal government.

(2) The state or an agency or instrumentality of the state.

(3) A political subdivision (as defined in IC 36-1-2-13) or an agency of a political subdivision.

(4) A user that accesses communications service solely through a wireless data only service plan.

(e) This subsection applies to an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission. An eligible telecommunications carrier:

(1) is not considered an agency of the federal government for purposes of the exemption set forth in subsection (d); and

(2) with respect to communications service provided to end users by the eligible telecommunications carrier in its capacity as an eligible telecommunications carrier, is liable for the fee assessed under subsection (f).

(f) Beginning September 1, 2015, and on the first day of each month thereafter, an eligible telecommunications carrier described in subsection (e) shall pay to the board a fee equal to the product of the following factors:

(1) The monthly statewide 911 fee established under subsection (a).

(2) The number of unique end users for which the eligible telecommunications carrier received reimbursement from the universal service fund during the immediately preceding month.

The eligible telecommunications carrier may bill and collect from each end user the fees calculated under this subsection with respect to the end user. The eligible telecommunications carrier shall determine the manner in which the eligible telecommunications carrier bills and collects the fees. Except as provided in section 33(d) of this chapter, an eligible telecommunications carrier may not bill and collect from an end user an amount greater than the fees paid by the eligible telecommunications carrier to the board with respect to the end user.

(g) If the board increases or decreases the statewide 911 fee under subsection (a), the board shall provide written notice to the department of state revenue not later than sixty (60) days before the date the increase or decrease takes effect that includes:

(1) the effective date for the increase or decrease; and

(2) the amount of the charge as increased or decreased by the board.

As added by P.L.132-2012, SEC.20. Amended by P.L.107-2014, SEC.7; P.L.157-2015, SEC.10; P.L.36-2016, SEC.8; P.L.85-2017, SEC.127; P.L.117-2020, SEC.4; P.L.131-2023, SEC.2; P.L.119-2024, SEC.22.

IC 36-8-16.7-33Provider's duty to collect and remit fee; report to board; cost reimbursement 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 receives a partial payment for a monthly bill from a standard user, the provider shall apply the payment against the amount the standard user owes to the provider before applying the payment against the fee. A provider may not prorate the monthly 911 fee collected from a user.

(c) Subject to subsection (d), a provider shall remit statewide 911 fees collected under this section to the board at the time and in the manner prescribed by the board. However, the board shall require a provider to report to the board, no less frequently than on an annual basis, the amount of fees collected from all of the provider's customers described in subsection (a)(1) and remitted to the board under this section. The board may require a provider to submit a report required under this subsection at the same time that the provider remits fees to the board under this section. The board shall deposit all remitted statewide 911 fees in the fund.

(d) A provider, including an eligible telecommunications carrier under section 32(f) of this chapter, may deduct and retain an amount not to exceed one percent (1%) of fees that the service provider collects from users under this section or section 32 of this chapter, to reimburse the direct costs incurred by the service provider in collecting and remitting the fees.

(e) All originating providers that provide 911 service for their customers shall connect to the statewide 911 system using an industry standard or functional equivalent, as determined by the board. The originating provider must establish and maintain the connection in accordance with all applicable regulatory requirements requiring service continuity and ensure access to public safety assistance.

As added by P.L.132-2012, SEC.20. Amended by P.L.36-2016, SEC.9; P.L.119-2024, SEC.23.

IC 36-8-16.7-34User's liability for fee; provider's obligation to remit fees collected 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.20. Amended by P.L.36-2016, SEC.10; P.L.119-2024, SEC.24.

IC 36-8-16.7-35Fee not to be included in base for taxes and other charges 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 subdivision, or other government agency.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-36Provider not required to enforce fee collection; collection action by board 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 with the collection action.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-37Board's administration of fund; board's expenses; distribution to counties 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) the amount of fees deposited in the fund in the previous state fiscal year that would provide for the operating expenses of the statewide 911 system during the state fiscal year for which the fees are retained;

to pay the board's expenses in administering this chapter and to develop, operate, and maintain a statewide 911 system. The board may decrease the amount of fees retained by the board under this subdivision.

(2) After retaining the amount set forth in subdivision (1), the board shall distribute to the counties the remainder of the statewide 911 fees in the fund. With respect to any state fiscal year beginning after June 30, 2015, the board shall first ensure a distribution to each county in an amount that is equal to the total amount of statewide 911 fees distributed to the county during the fiscal year ending June 30, 2014.

(3) If any statewide 911 fees remain in the fund after the distributions ensured under subdivision (2), the board shall distribute the fees as follows:

(A) Ninety percent (90%) of the fees shall be distributed to the counties based upon each county's percentage of the state's population.

(B) Ten percent (10%) of the fees shall be distributed equally among the counties.

(b) The board may not distribute money in the fund in a manner that impairs the ability of the board to fulfill its management and administrative obligations under this chapter.

As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.11.

IC 36-8-16.7-38PSAP use of distributions; annual report to board; audits 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 wages, benefits, training, and continuing education, only to the extent reasonable and necessary for the provision and maintenance of:

(A) the statewide 911 system; or

(B) a wireline enhanced emergency telephone system funded under IC 36-8-16 (before its repeal on July 1, 2012).

(4) Operational costs, including costs associated with:

(A) utilities;

(B) maintenance;

(D) call logging equipment.

(5) An emergency notification system that is approved by the board under section 40 of this chapter.

(6) Connectivity to the Indiana data and communications system (IDACS).

(7) Rates associated with communications service providers' 911 service emergency communications system network services.

(8) Mobile radio equipment used by first responders.

(b) A PSAP may not use a distribution from a county under this chapter for the following:

(1) The construction, purchase, renovation, or furnishing of PSAP buildings.

(2) Vehicles.

(1) All expenditures made during the immediately preceding calendar year from distributions under this chapter.

(2) Call data and statistics for the immediately preceding calendar year, as specified by the board and collected in accordance with any reporting method established or required by the board.

(3) All costs associated with dispatching appropriate public safety agencies to respond to 911 calls received by the PSAP.

(4) All funding sources and amounts of funding used for costs described in subdivision (3).

(5) Public safety telecommunicator continuing education requirements established under IC 36-8-16.8-8(a)(2).

(d) The state board of accounts shall audit the expenditures of distributions under this chapter by each PSAP that receives distributions under this chapter. In conducting an audit under this subsection, the state board of accounts shall determine, in conjunction with the board, whether the expenditures made by each PSAP are in compliance with subsections (a) and (b). The board shall review and further audit any ineligible expenditure identified by the state board of accounts under this subsection or through any other report. If the board verifies that the expenditure did not comply with this section, the board shall ensure that the fund is reimbursed in the dollar amount of the noncomplying expenditure from any source of funding, other than a fund described in subsection (e), that is available to the PSAP or to a unit in which the PSAP is located.

(e) A distribution under section 37(a)(2) of this chapter must be deposited by the treasurer of the county in a separate fund set aside for the purposes allowed by subsections (a) and (b). The fund must be known as the ________ (insert name of county) 911 fund. The county treasurer 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 subsection.

(f) Not later than November 1 of each year, the board shall provide in an electronic format under IC 5-14-6 to the general assembly the information submitted under subsection (c)(3) and (c)(4).

As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.12; P.L.181-2015, SEC.51; P.L.13-2022, SEC.1; P.L.119-2024, SEC.25.

IC 36-8-16.7-38.5Advance payment of certain expenses; reimbursement 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 maintenance of communications service equipment; and

(2) rates associated with a communications service provider's enhanced emergency communications system network services;

from any legally available fund of the political subdivision, including the political subdivision's rainy day fund.

(c) If a political subdivision makes a payment in advance under this section, the political subdivision shall reimburse the fund from which the advance payment was made.

As added by P.L.157-2015, SEC.13.

IC 36-8-16.7-39Providers' duty to coordinate with board and provide information; board's use of confidential information 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, or a functional equivalent or successor, and any other information, including updates, required by the board to the county, the municipality, an authorized agent of a county or municipality, or the board or the board's authorized agent for purposes of establishing and maintaining a 911 system data base or online network repository of the data. The board may use confidential information received under this subsection solely for the purpose of providing statewide 911 service.

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.26.

IC 36-8-16.7-40Emergency notification systems; establishment by county; board approval required; provider's duty to provide user data 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 receive communications service from a provider, of an emergency situation through a computerized warning system that uses 911 data base information and technology.

(b) With approval of the board, a county may establish an emergency notification system. If the board approves the establishment of an emergency notification system in a county, a PSAP in the county may use funds distributed to it under this chapter to establish and operate an emergency notification system under this section.

(c) A provider shall provide to a PSAP the necessary user data to enable the PSAP to implement an emergency notification system under this section. The provision of data under this subsection is subject to section 41 of this chapter. In providing data under this subsection, the provider shall provide the following information for each service user in the PSAP's service territory:

(1) The service address of the user.

(2) The class of service provided to the user.

(3) A designation of listed, unlisted, or nonpublished with respect to any telephone number (or other functionally equivalent identification number) associated with the user's service or account.

The provider shall provide this data to the PSAP on a quarterly basis. The provider may charge a reasonable fee to the PSAP for the administrative costs of providing the data.

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.27.

IC 36-8-16.7-41Providers' duty to provide user data to PSAPs; permissible uses by PSAP; violations; contracts between providers and users 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 user's place of primary use; or

(3) the information described in both subdivisions (1) and (2);

and may not be used or disclosed by the PSAP, or its agents or employees, for any other purpose unless the data is used or disclosed under a court order. A person who recklessly, knowingly, or intentionally violates this subsection commits a Class A misdemeanor.

(b) After May 31, 1988, a contract entered into between a provider and a user who has an unlisted or nonpublished telephone number (or other functionally equivalent identification number) may not include a provision that prohibits the provider from providing the user's telephone number (or other functionally equivalent identification number) to a PSAP for inclusion in a 911 system data base. A provider (other than a provider who, before June 1, 1988, has contracted to not divulge a subscriber's unlisted or nonpublished telephone number (or other functionally equivalent identification number)) shall provide a requesting PSAP with the name, telephone number (or other functionally equivalent identification number), and place of primary use for each user of the provider. A PSAP may not release a telephone number (or other functionally equivalent identification number) required to be provided under this subsection to any person except as provided in subsection (a).

(1) the contract contains a provision that prohibits the provider from providing the user's telephone number (or other functionally equivalent identification number) to a PSAP for inclusion in a 911 system data base or online network source;

(2) the exclusion of the telephone number (or other functionally equivalent identification number) from the data base would negate the purpose of this chapter; and

(3) the user is notified of the proposed amendment or termination of a contract at least one hundred eighty (180) days before the provider takes action.

As added by P.L.132-2012, SEC.20. Amended by P.L.119-2024, SEC.28.

IC 36-8-16.7-42Confidentiality of proprietary information 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, and proprietary information submitted under this chapter may not be released to a person other than to the submitting provider without the permission of the submitting provider.

(b) General information collected by the board or the treasurer of state may be released or published only in aggregate amounts that do not identify or allow identification of numbers of users or revenues attributable to an individual provider.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-43Immunity from civil or criminal liability 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 executive director, or an employee, agent, or representative of the board chair;

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 911 service, except in the case of willful or wanton misconduct.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-44Permissible uses of 911 service 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 enforcement activities.

As added by P.L.132-2012, SEC.20.

IC 36-8-16.7-45Automatic dialing of 911 prohibited; violations 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 network an automatic alarm, automatic dialer, or other automated alerting device that:

(1) causes the number 911 to be automatically dialed; or

(2) provides through a prerecorded message information regarding obtaining 911 emergency service.

As added by P.L.132-2012, SEC.20. Amended by P.L.170-2021, SEC.5.

IC 36-8-16.7-46Knowing or intentional placement of 911 calls for prohibited purposes 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.

IC 36-8-16.7-47Counties prohibited from containing more than two PSAPs after December 31, 2014; exceptions; interlocal agreements; parties; required plans and protocols; noncomplying counties; distributions of fees prohibited 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 include any entity described in subsection (c)(1) through (c)(3).

(c) Subject to subsection (d), after December 31, 2014, a county may not contain more than two (2) PSAPs. However, a county may contain one (1) or more PSAPs in addition to the number of PSAPs authorized by this section, as long as any additional PSAPs are operated:

(1) by a state educational institution;

(2) by an airport authority established for a county having a consolidated city; or

(3) in a county having a consolidated city, by an excluded city (as defined in IC 36-3-1-7).

(d) If, on March 15, 2008, a county does not contain more than one (1) PSAP, not including any PSAP operated by an entity described in subsection (c)(1) through (c)(3), an additional PSAP may not be established and operated in the county on or after March 15, 2008, unless the additional PSAP is established and operated by:

(1) a state educational institution;

(2) in the case of a county having a consolidated city, an airport authority established for the county; or

(3) the municipality having the largest population in the county or an agency of that municipality.

(e) Before January 1, 2015, each PSAP operator in a county that contains more than the number of PSAPs authorized by subsection (c) shall enter into an interlocal agreement under IC 36-1-7 with every other PSAP operator in the county to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.

(f) An interlocal agreement required under subsection (e) may include as parties, in addition to the PSAP operators required to enter into the interlocal agreement under subsection (e), any of the following that seek to be served by a county's authorized PSAPs after December 31, 2014:

(1) Other counties contiguous to the county.

(2) Other political subdivisions in a county contiguous to the county.

(3) Other PSAP operators in a county contiguous to the county.

(g) An interlocal agreement required under subsection (e) must provide for the following:

(1) A plan for the:

(A) consolidation;

(B) reorganization; or

of one (1) or more of the county's PSAPs, as necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.

(2) A plan for funding and staffing the PSAP or PSAPs that will serve:

(A) the county; and

(B) any areas contiguous to the county, if additional parties described in subsection (f) participate in the interlocal agreement;

after December 31, 2014.

(3) Subject to any applicable state or federal requirements, protocol to be followed by the county's PSAP or PSAPs in:

(A) receiving incoming 911 calls; and

(B) dispatching appropriate public safety agencies to respond to the calls;

after December 31, 2014.

(4) Any other matters that the participating PSAP operators or parties described in subsection (f), if any, determine are necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.

(h) This section may not be construed to require a county to contain a PSAP.

(i) After December 31, 2014, if a county contains more than the number of PSAPs authorized by subsection (c), the county may not receive a distribution under section 37 of this chapter until the county complies with subsection (c). The board shall hold distributions in reserve until the county complies with subsection (c). A county is not entitled to any interest on any funds held by the board under this chapter.

As added by P.L.132-2012, SEC.20. Amended by P.L.213-2015, SEC.267.

IC 36-8-16.7-48Budget committee's review of statewide 911 system; considerations; report of findings to legislative council; recommendation on continuation of fee after June 30, 2015; expiration of fee 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 following:

(1) Whether the fund is being administered by the board in accordance with this chapter.

(2) The collection, disbursement, and use of the statewide 911 fee assessed under section 32 of this chapter. In performing a review under this subdivision, the budget committee may examine whether the statewide 911 fee:

(A) is being assessed in an amount that is reasonably necessary to provide adequate and efficient 911 service; and

(B) is being used only for the purposes set forth in this chapter.

(3) Any other data, reports, or information the budget committee determines is necessary to review the statewide 911 system governed by this chapter.

(c) Subject to section 42 of this chapter, the board, the state board of accounts, political subdivisions, providers, and PSAPs shall provide to the budget committee all relevant data, reports, and information requested by the budget committee to assist the budget committee in carrying out its duties under this section.

(d) After conducting the review required by this section, the budget committee shall, not later than June 1, 2015, report its findings to the legislative council. The budget committee's findings under this subsection:

(1) must include a recommendation as to whether the statewide 911 fee assessed under section 32 of this chapter should continue to be assessed and collected under this chapter after June 30, 2015; and

(2) if the budget committee recommends under subdivision (1) that the statewide 911 fee assessed under section 32 of this chapter should continue to be assessed and collected under this chapter after June 30, 2015, may include recommendations for the introduction in the general assembly of any legislation that the budget committee determines is necessary to ensure that the statewide 911 system governed by this chapter is managed in a fair and fiscally prudent manner.

A report to the legislative council under this subsection must be in an electronic format under IC 5-14-6.

(e) If the budget committee does not recommend in its report under subsection (d) that the statewide 911 fee assessed under section 32 of this chapter should continue to be assessed and collected under this chapter after June 30, 2015, the statewide 911 fee assessed under section 32 of this chapter expires July 1, 2015, and may not be assessed or collected after June 30, 2015.

As added by P.L.132-2012, SEC.20. Amended by P.L.121-2016, SEC.33; P.L.114-2022, SEC.40.

IC 36-8-16.7-49ExpiredAs added by P.L.41-2023, SEC.1. Expired 1-1-2025 by P.L.41-2023, SEC.1.

IC 36-8-16.8Chapter 16.8. Public Safety Telecommunicator Training

36-8-16.8-1"Board" 36-8-16.8-2"Public safety agency" 36-8-16.8-3"PSAP" 36-8-16.8-4"Public safety telecommunicator" 36-8-16.8-5"Unit" 36-8-16.8-6PSAP basic training program 36-8-16.8-7PSAP certification and credentialing 36-8-16.8-8PSAP continuing education; recording of annual requirement 36-8-16.8-9Prohibition on service as public safety telecommunicator 36-8-16.8-10Eligibility; continuing education 36-8-16.8-11Operating expenses; basic training program

IC 36-8-16.8-1"Board" Sec. 1. As used in this chapter, "board" means the statewide 911 board established by IC 36-8-16.7-24.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-2"Public safety agency" Sec. 2. As used in this chapter, "public safety agency" has the meaning set forth in IC 10-10.5-1-5.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-3"PSAP" Sec. 3. As used in this chapter, "PSAP" has the meaning set forth in IC 10-10.5-1-4.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-4"Public safety telecommunicator" Sec. 4. As used in this chapter, "public safety telecommunicator" has the meaning set forth in IC 10-10.5-1-6.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-5"Unit" Sec. 5. As used in this chapter, "unit" has the meaning set forth in IC 36-1-2-23.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-6PSAP basic training program Sec. 6. (a) A unit operating a PSAP shall establish a public safety telecommunicator basic training program for that PSAP by December 31, 2023. The minimum basic training program requirements must include the following:

(1) A basic forty (40) hour telecommunicator course.

(2) National Incident Management Systems courses including:

(A) IS-100, introduction to the incident command system.

(B) IS-200, basic incident command system for initial response.

(3) A National Crime Information Center (NCIC) and an Indiana Data and Communications System (IDACS) course.

(4) A telecommunicator cardiopulmonary resuscitation (T-CPR) course, if the training under subsection (b) is not provided.

(b) In addition to the requirements of subsection (a), the public safety telecommunicator training program shall include emergency medical, police, and fire dispatch protocol training for public safety telecommunicators who perform those functions.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-7PSAP certification and credentialing Sec. 7. A unit operating a PSAP shall establish procedures for certifying and credentialing a public safety telecommunicator who completes the requirements established under section 6 of this chapter.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-8PSAP continuing education; recording of annual requirement Sec. 8. (a) A unit operating a PSAP shall require each public safety telecommunicator to:

(1) complete the unit's training program established under section 6 of this chapter:

(A) within one (1) year of the date of the program's implementation; or

(B) within one (1) year of the public safety telecommunicator's date of hire; and

(2) beginning on January 1, 2024, complete twenty-four (24) hours of continuing education training, which may include recertification, in each calendar year beginning after December 31 of the calendar year in which the public safety telecommunicator completes the minimum basic training requirements established under section 6 of this chapter.

(b) A unit shall approve continuing education courses that are eligible to meet the annual requirement in subsection (a)(2).

(c) A unit shall record the completion of an approved continuing education course and count it towards a public safety telecommunicator's satisfaction of the annual requirement in subsection (a)(2). A unit shall also record the name of each public safety telecommunicator who completes the annual requirement in subsection (a)(2) and provide that information to the board as part of the annual data collection described in IC 36-8-16.7-38.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-9Prohibition on service as public safety telecommunicator Sec. 9. Subject to section 8 of this chapter, after December 31, 2023, an individual may not work as a public safety telecommunicator for a unit unless the individual has completed the unit's training program established under section 6 of this chapter.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-10Eligibility; continuing education Sec. 10. A public safety telecommunicator must satisfy the continuing education requirement imposed under section 8(a)(2) of this chapter to remain eligible to work as a public safety telecommunicator.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.8-11Operating expenses; basic training program Sec. 11. (a) The costs associated with the basic training courses described in section 6 of this chapter are considered operating expenses of the statewide 911 system under IC 36-8-16.7-37 and are eligible for reimbursement by the board.

(b) A public safety agency that employs full-time or part-time public safety telecommunicators is eligible for reimbursement of the costs associated with the basic training courses described in section 6 of this chapter.

As added by P.L.13-2022, SEC.2.

IC 36-8-16.9Chapter 16.9. Public Safety Telecommunicator Employment

36-8-16.9-1Definitions 36-8-16.9-2Prohibition on residency requirements

IC 36-8-16.9-1Definitions Sec. 1. The definitions in IC 36-8-16.8 apply throughout this chapter.

As added by P.L.18-2023, SEC.1.

IC 36-8-16.9-2Prohibition on residency requirements Sec. 2. A public safety agency may not establish or maintain residency requirements for a public safety telecommunicator employed by a public safety agency.

As added by P.L.18-2023, SEC.1.

IC 36-8-17Chapter 17. Fire Safety Inspections; Arson Investigations

36-8-17-1"Commission" 36-8-17-1Repealed 36-8-17-2"Fire department" 36-8-17-3"Fire safety law" 36-8-17-3"Fire safety law" 36-8-17-4Repealed 36-8-17-4.5"Department" 36-8-17-5Compliance with order to assist the department; annual reporting 36-8-17-6Enforcement of fire safety laws 36-8-17-7Fire investigations; notice of crime; report; powers of fire department; subpoenas; discovery orders 36-8-17-7.5"Police powers" 36-8-17-8Inspection program; reports 36-8-17-8Inspection program; reports 36-8-17-9Orders to cease and correct violations; emergency or temporary orders 36-8-17-10Informal review of order; time to appeal; modification or reversal of order 36-8-17-11Appeal of orders; administrative proceedings 36-8-17-11Appeal of orders; administrative proceedings 36-8-17-12Enforcement of orders 36-8-17-13Rules to implement chapter 36-8-17-13Rules to implement chapter

Source: official Indiana text · Last verified 2026-08-27

Frequently Asked Questions About Indiana § 36-8-15-19

What does Indiana Code § 36-8-15-19 cover?

Section 36-8-15-19 ("Operational funding; ad valorem property tax; funding by local income tax distribution in lieu of property tax; election by ordinance; adjustment of property tax limits; reduction of tax of units joining or withdrawing from district") is part of the Indiana Code, the codified statutory law of Indiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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Indiana § 36-8-15-19 - Operational funding; ad valorem property tax; funding by local income tax distribution in lieu of property tax; election by ordinance; adjustment of property tax limits; reduction of tax of units joining or withdrawing from district

§ 36-8-15-19. Operational funding; ad valorem property tax; funding by local income tax distribution in lieu of property tax; election by ordinance; adjustment of property tax limits; reduction of tax of units joining or withdrawing from district

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Frequently Asked Questions About Indiana § 36-8-15-19

What does Indiana Code § 36-8-15-19 cover?

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