CHAPTER 16. EMERGENCY TELEPHONE SYSTEM FEE
IC 36-8-16
Chapter 16. Emergency Telephone System Fee
IC 36-8-16-1
Applicability of chapter
Sec. 1. This chapter applies to all units except townships.
As added by P.L.91-1988, SEC.5.
IC 36-8-16-2
Enhanced emergency telephone system defined
Sec. 2. As used in this chapter, "enhanced emergency telephonesystem" means a telephone system that utilizes the three digit number911 to send automatic number identification and automatic locationidentification for reporting police, fire, medical, or other emergencysituations. The term also includes a telephone system that providesservice users in the unit with a telephone warning of an emergencysituation through a computerized warning system that uses 911database information and technology if the emergency telephonefund of the telephone system's political subdivision containssufficient funds to pay all the expenses of the 911 telephone system.
As added by P.L.91-1988, SEC.5. Amended by P.L.93-1999, SEC.1.
IC 36-8-16-3
Exchange access facility defined
Sec. 3. (a) As used in this chapter, "exchange access facility"means the access from a particular service user's premises to atelephone system.
(b) The term includes:
(1) an access line;
(2) a private branch exchange (PBX) trunk; and
(3) a centrex line trunk equivalent;
that is provided by the service supplier. The term also includes amobile telephone system access trunk, whether the trunk is providedby a telephone company or a radio common carrier. In the case of aservice user receiving interconnected VoIP service, the term refersto the Internet protocol compatible customer premises equipment thatenables the service user to access the interconnected VoIP service.
(c) The term does not include:
(1) a service supplier owned and operated telephone pay stationline;
(2) a wide area telecommunications service (WATS) line;
(3) a foreign exchange (FX) line; or
(4) an incoming only line.
As added by P.L.91-1988, SEC.5. Amended by P.L.137-2008, SEC.2.
IC 36-8-16-3.3
Interconnected VoIP service defined
Sec. 3.3. As used in this chapter, "interconnected VoIP service"has the meaning set forth in 47 CFR 9.3.
As added by P.L.137-2008, SEC.3.
IC 36-8-16-3.5
PSAP defined
Sec. 3.5. As used in this chapter, "PSAP" has the meaning setforth in IC 36-8-16.5-13.
As added by P.L.137-2008, SEC.4.
IC 36-8-16-4
Service supplier and service user defined
Sec. 4. (a) As used in this chapter, "service supplier" means aperson who provides telephone exchange service to a service user inIndiana. The term includes a person who offers interconnected VoIPservice to a service user whose registered location (as defined in 47CFR 9.3) is in Indiana.
(b) As used in this chapter, "service user" means a person towhom telephone exchange service is provided.
As added by P.L.91-1988, SEC.5. Amended by P.L.137-2008, SEC.5.
IC 36-8-16-5
Ordinance to impose enhanced emergency telephone system fee
Sec. 5. (a) Subject to the limitations provided in section 6 of thischapter, the fiscal body of a county may adopt an ordinance toimpose a monthly enhanced emergency telephone system fee foreach exchange access facility used in the county.
(b) If a county fiscal body decides to impose a countywide fee andestablish a countywide enhanced emergency telephone system, thecounty shall allow all public emergency response agencies in thecounty to participate in the enhanced emergency telephone system.The fee must be sufficient to pay the cost of the installation andoperation of the enhanced emergency telephone system for allparticipating agencies.
(c) If a county fiscal body does not impose a fee under subsection(a), the legislative body of a municipality in the county may petitionthe county fiscal body to adopt an ordinance to impose a fee. If thecounty fiscal body does not respond to the petition within ninety (90)days, the legislative body of the municipality may adopt an ordinanceto impose a fee for each exchange access facility used in themunicipality, subject to section 6 of this chapter. If a county, inresponse to a municipality's petition, decides to impose a countywidefee, installation of the system must begin within one hundred eighty(180) days of the adoption of the ordinance. If installation has notbegun within that time period, the county's response is void and themunicipality may adopt an ordinance to impose a fee.
(d) If a county fiscal body decides to impose a countywide feeafter a municipality has imposed a fee, the municipality's feeordinance is superseded by the county ordinance and is void.However, the fee imposed by the county must include fundssufficient to meet the outstanding obligations of the municipality forthe enhanced 911 system.
As added by P.L.91-1988, SEC.5.
IC 36-8-16-6
Uniformity of fee; maximum amount; calculating average monthlytelephone access line charge
Sec. 6. (a) An enhanced emergency telephone system fee must beuniform and may not vary according to the type of exchange accessfacilities used in the unit.
(b) The ordinance imposing a fee under section 5 of this chaptermay not impose a fee that exceeds the following:
(1) In a county that has a consolidated city or a county that hasat least one (1) second class city, three percent (3%) of theaverage monthly telephone access line charge in the unit.
(2) In a county that does not have a consolidated city or asecond class city, ten percent (10%) of the average monthlytelephone access line charge in the unit.
(c) In calculating the average monthly telephone access linecharge for purposes of this section, the unit imposing the fee shallinclude the average monthly charge that:
(1) is imposed by providers of interconnected VoIP service toservice users whose registered location (as defined in 47 CFR9.3) is in the unit; and
(2) represents the charge for the service user's access to theinterconnected VoIP service.
As added by P.L.91-1988, SEC.5. Amended by P.L.137-2008, SEC.6.
IC 36-8-16-7
Ordinance to change fee
Sec. 7. Except as provided in section 7.5 of this chapter, the fiscalbody of a unit may adopt an ordinance to change the amount of theenhanced emergency telephone system fee that it imposed undersection 5 of this chapter. However, the new fee must comply with thelimitations provided in section 6 of this chapter. In addition, thefiscal body of a unit may not adopt more than one (1) ordinance inany calendar year to change the unit's fee.
As added by P.L.91-1988, SEC.5. Amended by P.L.238-1996, SEC.1;P.L.137-2008, SEC.7.
IC 36-8-16-7.5
Prohibition against increasing fee until unit complies withlimitation on number of PSAPs in county
Sec. 7.5. (a) This section applies to a unit that imposes anenhanced emergency telephone system fee under section 5 of thischapter on March 15, 2008.
(b) During the period beginning March 15, 2008, and ending onthe date on which:
(1) the unit, if the unit is a county; or
(2) the county in which the unit is located, if the unit is amunicipality;
complies with IC 36-8-16.5-51(c), the unit may not adopt anordinance under section 7 of this chapter to increase the amount ofthe enhanced emergency telephone system fee imposed by the unit
under section 5 of this chapter. Upon compliance withIC 36-8-16.5-51(c), the unit that, under the terms of the interlocalagreement required by IC 36-8-16.5-51(e), has the authority toimpose a fee under this chapter may adopt an ordinance undersection 7 of this chapter to increase the amount of the enhancedemergency telephone system fee as necessary to sufficiently fund anyPSAP authorized under IC 36-8-16.5-51(c), subject to the limits setforth in section 6 of this chapter.
As added by P.L.137-2008, SEC.8.
IC 36-8-16-8
Ordinance to rescind fee
Sec. 8. The fiscal body of a unit may adopt an ordinance torescind the enhanced emergency telephone system fee that it imposedunder section 5 of this chapter.
As added by P.L.91-1988, SEC.5. Amended by P.L.238-1996, SEC.2.
IC 36-8-16-9
Effective date of ordinance
Sec. 9. An ordinance adopted under section 5, 7, or 8 of thischapter takes effect on the first day of the second month after themonth during which the ordinance is adopted.
As added by P.L.91-1988, SEC.5.
IC 36-8-16-10
Rescission of fee; effective date
Sec. 10. An enhanced emergency telephone system fee imposedby the fiscal body of a municipality under section 5 of this chapter isrescinded if the fiscal body of the county in which the municipalityis located adopts an ordinance under section 5 of this chapter. Therescission takes effect at the same time that the ordinance adopted bythe fiscal body of the county takes effect.
As added by P.L.91-1988, SEC.5. Amended by P.L.238-1996, SEC.3.
IC 36-8-16-11
Service users fee; delinquent fees; enhanced emergency telephonesystem fee
Sec. 11. (a) The person who uses an exchange access facility isliable for the monthly enhanced emergency telephone system fees,if any, imposed with respect to that facility. Each service suppliershall, on behalf of the unit, collect the fee from those service usersto whom it provides exchange telephone service in the unit. Theservice supplier shall collect the fee, for each month or part of amonth an exchange access facility is in service, as part of its normalmonthly billing process, and it may list the fee as a separate entry oneach bill. If a service supplier receives a partial payment from aservice user, the service supplier shall apply the payment against theamount the service user owes the service supplier first.
(b) During January of each year, each service supplier that isrequired to collect the fee for a particular unit shall provide the
treasurer of the county or the fiscal officer of the municipality witha delinquent fee report. In a county having a consolidated city, eachservice supplier that is required to collect the fee shall provide thedelinquent fee report to the fiscal officer of the consolidated city. Onthe report, the service supplier shall list the name and address of eachservice user who is two (2) or more months delinquent in paying thefee. The service supplier shall also indicate the amount of delinquentfees for which each person included on the list is liable.
(c) A service supplier has no obligation to take any legal action toenforce the collection of the fees for which any service user is liable.However, an action may be initiated by the unit that imposed thefees.
(d) Notwithstanding section 5 of this chapter, if one (1) enhancedemergency telephone system serves exchange access facilities inmore than one (1) county, the fiscal body of the county that providesthe system may adopt an ordinance imposing the enhancedemergency telephone system fee on each person who uses anexchange access facility served by the system. The fee may beimposed under this subsection without regard to whether the serviceuser resides in the county providing the system.
(e) Before an enhanced emergency telephone system fee may beimposed on a service user who resides in a county other than thecounty providing the system, the fiscal body of the county providingthe system must obtain the written approval of the fiscal body ofeach county in which residents will be subject to the fee. A personwho uses an exchange access facility is liable for the monthlyenhanced emergency telephone system fee imposed with respect tothe exchange access facility.
As added by P.L.91-1988, SEC.5. Amended by P.L.174-1990, SEC.1.
IC 36-8-16-12
Service supplier administrative fee for collection; remittance ofcollected fees
Sec. 12. Each service supplier that collects the enhancedemergency telephone system fee on behalf of a unit is entitled to athree percent (3%) administrative fee as compensation for collectingthe fees. The service supplier shall remit the rest of the fees itcollects during a calendar quarter to the treasurer of the county or thefiscal officer of the municipality within ten (10) days after the lastday of the quarter. In a county having a consolidated city, the servicesupplier shall remit the rest of the fees it collects during a calendarquarter to the fiscal officer of the consolidated city within ten (10)days after the last day of the quarter. At the same time the collectedfees are remitted, the service supplier shall provide a fee collectionreport to the auditor of the county or the fiscal officer of themunicipality. In a county having a consolidated city, the servicesupplier shall provide a fee collection report to the fiscal officer ofthe consolidated city at the same time the collected fees are remitted.The service supplier shall prepare the report on a form provided bythe auditor or fiscal officer.As added by P.L.91-1988, SEC.5.
IC 36-8-16-13
Deposit of fees into emergency telephone system fund
Sec. 13. A county treasurer or municipal fiscal officer to whomenhanced emergency telephone system fees are remitted undersection 12 of this chapter shall deposit the fees in a separate fund.The fund shall be known as the ____________ (insert name ofcounty or municipality) emergency telephone system fund. Thecounty treasurer or municipal fiscal officer may invest money in thefund in the same manner that other money of the county ormunicipality may be invested. The county treasurer or municipalfiscal officer shall deposit any income earned from such aninvestment in the fund.
As added by P.L.91-1988, SEC.5.
IC 36-8-16-14
Use of fees; annual report by county to municipality operatingPSAP; audits by state board of accounts; report to regulatoryflexibility committee
Sec. 14. (a) The emergency telephone system fees shall be usedonly to pay for:
(1) except as provided in subsection (c), the lease, purchase, ormaintenance of enhanced emergency telephone equipment,including necessary computer hardware, software, and data baseprovisioning;
(2) the rates associated with the service suppliers' enhancedemergency telephone system network services;
(3) the personnel expenses of the emergency telephone system;
(4) the lease, purchase, construction, or maintenance of voiceand data communications equipment, communicationsinfrastructure, or other information technology necessary toprovide emergency response services under authority of the unitimposing the fee; and
(5) an emergency telephone notification system underIC 36-8-21.
The legislative body of the unit may appropriate money in the fundonly for such an expenditure.
(b) This subsection applies to a county that:
(1) imposes a fee under section 5 of this chapter; and
(2) contains a municipality that operates a PSAP (as defined inIC 36-8-16.5-13).
Not later than January 31 of each year, the county fiscal body shallsubmit to each municipality described in subdivision (2) a report ofall expenditures described in subsection (a) paid during theimmediately preceding calendar year.
(c) The state board of accounts shall audit the expenditures ofemergency telephone system fees made during each of the followingcalendar years by each unit that imposed a fee under section 5 of thischapter during the following calendar years: (1) The calendar year ending December 31, 2005.
(2) The calendar year ending December 31, 2006.
(3) The calendar year ending December 31, 2007.
Not later than November 1, 2008, the state board of accounts shallreport to the regulatory flexibility committee established byIC 8-1-2.6-4 on the audits conducted under this subsection.
(d) The state board of accounts annually shall audit theexpenditures of emergency telephone system fees made during theimmediately preceding calendar year by each unit that imposes a feeunder section 5 of this chapter. The state board of accounts shallconduct the first audits required by this subsection with respect toexpenditures of emergency telephone system fees made during thecalendar year ending December 31, 2008.
(e) In conducting the audits required under subsections (c) and(d), the state board of accounts shall determine whether theexpenditures made by each unit are in compliance with:
(1) subsection (a); and
(2) section 15 of this chapter, as appropriate.
As added by P.L.91-1988, SEC.5. Amended by P.L.174-1990, SEC.2;P.L.156-2002, SEC.1; P.L.55-2004, SEC.1; P.L.104-2006, SEC.1;P.L.137-2008, SEC.9.
IC 36-8-16-15
Powers of county or municipal unit
Sec. 15. (a) A unit may contract with a service supplier over anyterm negotiated between the unit and the service supplier and maymake payments from the emergency telephone system fund toprovide any payments required by the contract.
(b) A unit may negotiate and enter into a lease, contract, or otherobligation with a person for the purpose of procuring funds to makethe payments required by a contract with a service supplier.
(c) A unit may use money in the emergency telephone systemfund to make payments of debt service on any bonds or otherobligations issued to purchase, to pay any lease rentals for the leaseof, an enhanced emergency telephone system or to make paymentsrequired under a lease, contract, or other obligation entered intounder subsection (b).
(d) A unit may pledge money in the emergency telephone systemfund to make payments permitted by subsection (a), (b), or (c) in themanner set forth in IC 5-1-14. A unit may limit payments permittedby subsection (a), (b), or (c) to money in the emergency telephonesystem fund. The obligations of the unit to make the payments fromthat fund do not constitute a debt of the unit. The contract, bond,obligation, or lease must contain a statement to that effect ifpayments are so limited.
As added by P.L.91-1988, SEC.5. Amended by P.L.2-1989, SEC.54.
IC 36-8-16-16
Customer data and 911 data base information to implementsystem; use and disclosure Sec. 16. (a) Service suppliers shall provide upon request thenecessary customer data to implement an enhanced emergencytelephone system. Customer data provided to a county ormunicipality for the purpose of implementing or updating anenhanced emergency telephone system may be used only to identifythe telephone location or service user, or both, and may not be usedor disclosed by the county or municipality, or its agents oremployees, for any other purpose unless the data is used or disclosedunder a court order. A person who violates this subsection commitsa Class A misdemeanor.
(b) In providing 911 database information as described undersection 2 of this chapter, the service supplier shall provide:
(1) the telephone number service address;
(2) the class of service; and
(3) a designation of listed, unlisted, or nonpublished;
for each service user in the county or municipality. The servicesupplier shall provide this 911 database information to the county ormunicipality on a quarterly basis. The service supplier may chargea reasonable fee to the political subdivision for the administrativecosts of providing the 911 database information. The service suppliermay not be held liable in an action arising under this section.
As added by P.L.91-1988, SEC.5. Amended by P.L.93-1999, SEC.2;P.L.14-2000, SEC.84.
IC 36-8-16-17
Unlisted telephone subscribers; inclusion in enhanced telephonesystem data base
Sec. 17. (a) After May 31, 1988, a contract entered into betweena service supplier and a service user who has an unlisted ornonpublished telephone number listing may not include a provisionthat prohibits the service supplier from providing the service user'stelephone number to a unit for inclusion in an enhanced telephonesystem data base. A service supplier (other than a service supplierwho before June 1, 1988, has contracted to not divulge a serviceuser's unlisted or nonpublished telephone number) shall provide theunit the name, telephone number, and address of each service user ofthe supplier. A unit may not release a telephone number required tobe provided under this section to any person for a purpose other thanincluding the number in the enhanced emergency telephone systemdata base or providing the number to permit a response to a police,fire, medical, or other emergency situation.
(b) A service supplier may amend or terminate a contract with aservice user if:
(1) the contract contains a provision that prohibits the servicesupplier from providing the user's telephone number to a unitfor inclusion in an enhanced telephone system data base;
(2) the exclusion of the number from the data base wouldnegate the purpose of this chapter; and
(3) the service user is notified of the proposed amendment ortermination of that contract at least one hundred eighty (180)
days before the service supplier takes that action.
As added by P.L.91-1988, SEC.5.
IC 36-8-16-18
Civil actions against service supplier or telephone companyoperating enhanced emergency telephone system
Sec. 18. A service supplier or a telephone company and itsemployees, directors, officers, and agents are not liable for anydamages in a civil action for injuries, death, or loss to persons orproperty incurred by any person as a result of any act or omission ofa service supplier or a telephone company, or of any of itsemployees, directors, officers, or agents, except for willful or wantonmisconduct in connection with developing, adopting, implementing,maintaining, providing data to, or operating an enhanced emergencytelephone system, including an emergency telephone notificationsystem (as defined in IC 36-8-21-1).
As added by P.L.91-1988, SEC.5. Amended by P.L.104-2006, SEC.2.
IC 36-8-16-19
Failure to collect or remit fees; offense
Sec. 19. A service supplier that intentionally fails to collect orremit the enhanced emergency telephone system fee as required bythis chapter commits a Class A infraction.
As added by P.L.91-1988, SEC.5.