CHAPTER 16.5. ENHANCED WIRELESS EMERGENCY TELEPHONE SERVICE
IC 36-8-16.5
Chapter 16.5. Enhanced Wireless Emergency Telephone Service
IC 36-8-16.5-1
"APCO" defined
Sec. 1. As used in this chapter, "APCO" refers to the Indianachapter of the Association of Public Safety Communication OfficialsInternational.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-2
"Automatic location identification" defined
Sec. 2. As used in this chapter, "automatic location identification"means a wireless enhanced 911 service capability that providespseudo-automatic number identification that can be used to identifya specific cell site transmitting a 911 call.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-3
"Automatic number identification" defined
Sec. 3. As used in this chapter, "automatic number identification"means a wireless enhanced 911 service capability that enables thetransmission of the ten (10) digit mobile handset telephone numberused to place a 911 call.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-4
"Board" defined
Sec. 4. As used in this chapter, "board" refers to the wirelessenhanced 911 advisory board established by section 18 of thischapter.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-5
"CMRS" defined
Sec. 5. As used in this chapter, "CMRS" refers to the commercialmobile radio service (as defined by 47 U.S.C. 332(d)(1)). The termincludes the following:
(1) Services commonly referred to as wireless.
(2) Services provided by a wireless real time two-way voicecommunication device, including radio-telephonecommunications used in:
(A) cellular telephone service;
(B) personal communications service; or
(C) the functional or competitive equivalent of aradio-telephone communications line used in:
(i) cellular telephone service;
(ii) a personal communications service; or
(iii) a network radio access line.
(3) Any other wireless service that provides the user with direct
access to a PSAP through the placement of a 911 call.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.1.
IC 36-8-16.5-6
"CMRS provider" defined
Sec. 6. As used in this chapter, "CMRS provider" refers to aperson or entity that provides CMRS service. The term includesfacilities based and nonfacilities based resellers.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-7
"FCC order" defined
Sec. 7. As used in this chapter, "FCC order" refers to the order ofthe Federal Communications Commission, FCC Docket No. 94-102,adopted June 12, 1996, with an effective date of October 1, 1996.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-8
"Fund" defined
Sec. 8. As used in this chapter, "fund" refers to the wirelessemergency telephone system fund established under section 21(a) ofthis chapter.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-9
"Mobile telephone number" defined
Sec. 9. As used in this chapter, "mobile telephone number" meansthe ten (10) digit number assigned to a CMRS mobile phone.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-10
"NENA" defined
Sec. 10. As used in this chapter, "NENA" refers to the Indianachapter of the National Emergency Number Association.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-11
"Population" defined
Sec. 11. As used in this chapter, "population" means thepopulation as reported by the most recent official United Statescensus.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-12
"Proprietary information" defined
Sec. 12. As used in this chapter, "proprietary information"includes the following:
(1) Customer lists and related information.
(2) Technology descriptions, technical information, or tradesecrets (as defined by IC 24-2-3-2). (3) Information concerning the actual or developmental costs ofwireless enhanced 911 systems that are developed, produced, orreceived internally by a CMRS provider or by a CMRSprovider's employees, directors, officers, or agents.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-13
"PSAP" defined
Sec. 13. As used in this chapter, "PSAP" refers to the publicsafety answering point that is the public safety agency that receivesincoming 911 calls and dispatches appropriate public safety agenciesto respond to the calls.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-14
Repealed
(Repealed by P.L.113-2010, SEC.169.)
IC 36-8-16.5-14.5
"Prepaid user"
Sec. 14.5. As used in this chapter, "prepaid user" has the meaningset forth in IC 36-8-16.6-6.
As added by P.L.16-2002, SEC.3. Amended by P.L.113-2010,SEC.139.
IC 36-8-16.5-14.7
"Standard user"
Sec. 14.7. As used in this chapter, "standard user" or "user" refersto a CMRS user who pays retrospectively for the service and has anIndiana billing address for the service.
As added by P.L.16-2002, SEC.4. Amended by P.L.113-2010,SEC.140.
IC 36-8-16.5-15
Repealed
(Repealed by P.L.146-2005, SEC.8.)
IC 36-8-16.5-16
"Wireless 911" defined
Sec. 16. As used in this chapter, "wireless 911" means anemergency telephone system that:
(1) provides a CMRS user with the ability to reach emergencyservices by dialing the digits nine (9) one (1) one (1); and
(2) is complimentary to a wireline enhanced emergencytelephone system (as defined in IC 36-8-16-2).
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-17
Repealed
(Repealed by P.L.16-2002, SEC.21.)
IC 36-8-16.5-18
Wireless enhanced 911 advisory board; establishment; members;voting
Sec. 18. (a) The wireless enhanced 911 advisory board isestablished. The board is a body corporate and politic, and though itis separate from the state, the exercise by the board of its powersconstitutes an essential governmental function.
(b) The following recommendations must be made to the governorconcerning the membership of the board:
(1) The executive committees of NENA and APCO shall jointlyrecommend three (3) individuals.
(2) The CMRS providers authorized to provide CMRS inIndiana shall jointly recommend three (3) individuals.
(c) The board consists of the following seven (7) members:
(1) The treasurer of state or the treasurer's designee. Thetreasurer of state or the treasurer's designee is chairperson of theboard for a term concurrent with the treasurer of state's term ofoffice. However, the treasurer of state's designee serves at thepleasure of the treasurer of state.
(2) Three (3) members for a term of three (3) years who areappointed by the governor after the governor considers therecommendations of the executive committees of NENA andAPCO that are submitted under subsection (b)(1).
(3) Three (3) members for a term of three (3) years who areappointed by the governor after considering therecommendations of the CMRS providers that are submittedunder subsection (b)(2).
(d) A member's position may be filled by the member's designeewho serves at the pleasure of the member.
(e) A vacancy on the board is filled for the vacating member'sunexpired term in the same manner as the original appointment.
(f) Each member appointed under subsection (c)(2) or (c)(3) shallsubmit the name of a designee to the board. The board shall maintaina list of approved designees. A member appointed under subsection(c)(2) or (c)(3) may appoint a listed designee to fill the member'sposition under subsection (d) or to act on behalf of the member at ameeting of the board. The designee serves at the pleasure of theappointing member.
(g) A member may vote by proxy through another member.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.5.
IC 36-8-16.5-19
Wireless enhanced 911 advisory board; quorum
Sec. 19. A majority of the members of the board constitutes aquorum for purposes of taking action. Except as provided in section39(b) of this chapter, the board may take action approved by amajority of the members of the board present at a meeting of theboard.
As added by P.L.98-1998, SEC.1. Amended by P.L.116-2000, SEC.2;P.L.16-2002, SEC.6.
IC 36-8-16.5-20
Wireless enhanced 911 advisory board; salary and expenses ofmembers
Sec. 20. (a) Each member of the board who is not a stateemployee is not entitled to receive the minimum salary per diemprovided by IC 4-10-11-2.1(b). The member is, however, entitled toreimbursement for traveling expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state policies and procedures established bythe Indiana department of administration and approved by the budgetagency.
(b) Each member of the board who is a state employee is entitledto reimbursement for travel expenses as provided under IC 4-13-1-4and other expenses actually incurred in connection with the member'sduties as provided in the state travel policies and proceduresestablished by the Indiana department of administration andapproved by the budget agency.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-21
Wireless emergency telephone system fund; establishment;expenses
Sec. 21. (a) The wireless emergency telephone system fund isestablished for the purpose of creating and maintaining an enhancedwireless 911 system.
(b) The expenses of administering the fund must be paid frommoney in the fund.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-22
Wireless emergency telephone system fund; contents
Sec. 22. The fund consists of the following:
(1) Service charges assessed on CMRS users in the state undersection 25.5 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) Enhanced prepaid wireless charges collected and remittedunder IC 36-8-16.6-12.
As added by P.L.98-1998, SEC.1. Amended by P.L.60-2003, SEC.1;P.L.113-2010, SEC.141.
IC 36-8-16.5-23
Wireless emergency telephone system fund; investment of money
Sec. 23. (a) The board may invest money in the fund in the samemanner as other funds of the state may be invested under IC 5-13. Inaddition, the board may invest money in the fund in any of thefollowing:
(1) Corporate bonds, notes, and debentures, subject to thefollowing conditions: (A) Maximum participation in any issue is limited to sevenpercent (7%) of the total issue.
(B) The board shall establish minimum quality ratingstandards and maximum purchase amount standards forcorporate issues.
(2) Investments maturing in one (1) year or less, subject to thefollowing conditions:
(A) These investments must be:
(i) Prime-1 commercial paper; and
(ii) banker's acceptance approved by banks' trustinvestment committees.
(B) The maximum amount may not exceed fifty percent(50%) of the fund.
(b) Whenever the quality, maturity, and yield of an investment inan Indiana corporation or in a corporation that does business inIndiana are equal to or better than similar investments in othercorporations, preference shall be given to investment in the Indianacorporation or in the corporation that does business in Indiana.
As added by P.L.98-1998, SEC.1. Amended by P.L.60-2003, SEC.2.
IC 36-8-16.5-24
Biennial audit of fund and review of wireless 911 service
Sec. 24. (a) The board shall select a third party to audit the fundevery two (2) years to determine whether the fund is being managedin accordance with this chapter. The board shall pay for an audit bythe third party auditor as an administrative cost of the board.
(b) Every two (2) years, the board shall review wireless 911service in Indiana, including the collection, disbursement, and use ofthe wireless emergency enhanced 911 fee assessed under section25.5 of this chapter. The purpose of the review is to ensure that the911 fees:
(1) do not exceed the amount reasonably necessary to provideadequate and efficient wireless 911 service; and
(2) are used only for the purposes set forth in this chapter.
The board shall adopt a review conducted under this subsection.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.7;P.L.146-2005, SEC.1.
IC 36-8-16.5-25
Repealed
(Repealed by P.L.60-2003, SEC.6.)
IC 36-8-16.5-25.5
Wireless emergency enhanced 911 fee; assessment
Sec. 25.5. (a) As used in this section, "customer" and "place ofprimary use" have the meanings set forth in IC 6-8.1-15.
(b) Except as provided in section 34 of this chapter, the boardshall assess a monthly wireless emergency enhanced 911 fee on eachstandard user that is a customer having a place of primary use inIndiana. A customer's place of primary use shall be determined in the
manner provided by IC 6-8.1-15.
(c) The fee assessed under subsection (b) does not apply to aprepaid user in a retail transaction under IC 36-8-16.6.
As added by P.L.60-2003, SEC.3. Amended by P.L.113-2010,SEC.142.
IC 36-8-16.5-26
Wireless emergency enhanced 911 fee; adjustment; rates;reduction after CMRS providers reimbursed
Sec. 26. (a) The board may adjust the wireless emergencyenhanced 911 fee that is assessed under section 25.5 of this chapter.The board shall assess the fee at rates that ensure full recovery overa reasonable period of time of:
(1) costs incurred by CMRS providers before July 1, 2005; and
(2) the amount needed for the board to make distributions toPSAPs consistent with this chapter;
to develop and maintain an enhanced wireless 911 system.
(b) The fee assessed under section 25.5 of this chapter may not:
(1) be raised or lowered more than one (1) time in a calendaryear;
(2) be raised more than seven cents ($0.07) by an adjustment;or
(3) exceed one dollar ($1) per month for each telephonenumber.
(c) If:
(1) all CMRS providers have been reimbursed for their costs asprovided in section 39(c) of this chapter; and
(2) the fee assessed under section 25.5 of this chapter is greaterthan fifty cents ($0.50);
the board shall reduce the fee so that the fee is not more than fiftycents ($0.50). A reduction of the fee under this subsection is not tobe considered an adjustment under subsection (a).
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.9;P.L.60-2003, SEC.4; P.L.146-2005, SEC.2.
IC 36-8-16.5-27
Retaining independent accounting firm
Sec. 27. The board may retain an independent, third partyaccounting firm for purposes of processing checks and distributingfunds as directed by the board and as allowed by this chapter.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-28
Implementation powers
Sec. 28. (a) The board may do the following to implement thischapter:
(1) Enter into contracts, including contracts:
(A) for professional services;
(B) for purchase of supplies or services; and
(C) to acquire office space. (2) Hire staff.
(3) Adopt rules under IC 4-22-2.
(4) Take other necessary or convenient actions to implementthis chapter that are not inconsistent with Indiana law.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-29
Additional fees by state agencies or local governments prohibited
Sec. 29. An additional fee relating to the provision of wireless 911service may not be levied by a state agency or local unit ofgovernment. An enhanced prepaid wireless charge (as defined inIC 36-8-16.6-4) is not considered an additional fee relating to theprovision of wireless 911 service for purposes of this section.
As added by P.L.98-1998, SEC.1. Amended by P.L.113-2010,SEC.143.
IC 36-8-16.5-30
Repealed
(Repealed by P.L.60-2003, SEC.6.)
IC 36-8-16.5-30.5
Wireless emergency enhanced 911 fee; CMRS providers billing;remittance of fees collected
Sec. 30.5. (a) As used in this section, "customer" and "place ofprimary use" have the meanings set forth in IC 6-8.1-15.
(b) Except as provided in section 34 of this chapter, a CMRSprovider shall, as part of its normal monthly billing process, collectthe wireless emergency enhanced 911 fee assessed under section25.5 of this chapter from each standard user that is a customer havinga place of primary use in Indiana and may list the fee as a separateline item on each bill. A customer's place of primary use shall bedetermined in the manner provided by IC 6-8.1-15. If a CMRSprovider receives a partial payment for a monthly bill from a CMRSstandard user, the CMRS provider shall apply the payment againstthe amount the CMRS standard user owes to the CMRS providerbefore applying the payment against the fee.
(c) This subsection applies only if IC 36-8-16.6 expires andsunsets under the conditions set forth in IC 36-8-16.6-22. A CMRSprovider shall collect and remit to the board under section 36 of thischapter fees from its prepaid users in a total amount equal to the feeamount multiplied by the number of active prepaid user accounts onthe last day of each calendar month.
As added by P.L.60-2003, SEC.5. Amended by P.L.113-2010,SEC.144.
IC 36-8-16.5-31
Wireless emergency enhanced 911 fee; CMRS providers billing;proration prohibited
Sec. 31. A CMRS provider, as part of its monthly billing process,may not pro-rate the monthly wireless emergency enhanced 911 fee
collected from a standard user.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.10;P.L.113-2010, SEC.145.
IC 36-8-16.5-32
Wireless emergency enhanced 911 fee; collection actions
Sec. 32. A CMRS provider is not required to take legal action toenforce the collection of the wireless emergency enhanced 911 feefor which a user is billed. However, a collection action may beinitiated by the board. A court finding for the board in the action mayaward reasonable costs and attorney's fees associated with thecollection action.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.11;P.L.113-2010, SEC.146.
IC 36-8-16.5-33
Wireless emergency enhanced 911 fee; tax exemption
Sec. 33. The wireless emergency enhanced 911 fee is exemptfrom state and local taxation.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.12.
IC 36-8-16.5-34
Wireless emergency enhanced 911 fee; exempt CMRS numbers
Sec. 34. A CMRS number is exempt from the wireless emergencyenhanced 911 fee if the user is any of the following:
(1) The federal government or an agency of the federalgovernment.
(2) The state or an agency or instrumentality of the state.
(3) A political subdivision (as defined in IC 36-1-2-13) or anagency of a political subdivision.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.13;P.L.113-2010, SEC.147.
IC 36-8-16.5-35
Wireless emergency enhanced 911 fee; retention of administrativecosts by CMRS providers
Sec. 35. A CMRS provider may keep seven tenths of a cent($0.007) of the wireless emergency enhanced 911 fee collected eachmonth from each user for the purpose of defraying the administrativecosts of collecting the fee.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.14;P.L.146-2005, SEC.3; P.L.113-2010, SEC.148.
IC 36-8-16.5-36
Wireless emergency enhanced 911 fee; CMRS providers billing;remittance to board
Sec. 36. A fee collected by a CMRS provider under this chapter,less the administrative fee described in section 35 of this chapter,must be remitted to the board for deposit into the fund not more thansixty (60) days after the end of the calendar month in which the fee
is collected.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-37
Wireless emergency telephone system fund; recovery ofimplementation costs by CMRS providers; invoicing of costsrequired
Sec. 37. Except as provided in section 35 of this chapter, a CMRSprovider may recover from the fund all of its costs incurred beforeJuly 1, 2005, to implement enhanced wireless 911 service. To berecovered from the fund, the costs must be invoiced to the board asrequired by section 42 of this chapter.
As added by P.L.98-1998, SEC.1. Amended by P.L.146-2005, SEC.4.
IC 36-8-16.5-38
Wireless emergency telephone system fund; CMRS providersrecovering implementation costs; cost recovery plan
Sec. 38. To recover costs under section 37 of this chapter, aCMRS provider must submit a full, sworn, true, complete, anddetailed cost recovery plan. The board must approve the plan beforethe CMRS provider may recover costs from the fund under section37 of this chapter.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.15.
IC 36-8-16.5-39
Wireless emergency telephone system fund; management,distributions, and transfers; management after reimbursement ofCMRS providers and reduction of fee
Sec. 39. (a) Except as provided by section 26 of this chapter andsubsections (b) and (c), the fund must be managed in the followingmanner:
(1) Three cents ($0.03) of the wireless emergency 911 feecollected from each user must be deposited in an escrowaccount to be used to reimburse:
(A) CMRS providers, PSAPs, and the board for costsassociated with implementation of phase two (2) of the FCCorder; and
(B) the board for costs associated with other wirelessenhanced 911 services mandated by the FCC and specifiedin the FCC order but not incurred by CMRS providers orPSAPs.
A CMRS provider or a PSAP may recover costs under thischapter if the costs are incurred before July 1, 2005, andinvoiced to the board not later than December 31, 2005. Theboard may invest money in the account in the mannerprescribed by section 23 of this chapter and may use theproceeds of the investments to reimburse CMRS providers andPSAPs under this subdivision.
(2) At least twenty-five cents ($0.25) of the wireless emergency911 fee collected from each user must be deposited in an
escrow account and used to reimburse CMRS providers for theactual costs incurred by the CMRS providers before July 1,2005, in complying with the wireless 911 requirementsestablished by the FCC order and rules that are adopted by theFCC under the FCC order, including costs and expensesincurred in designing, upgrading, purchasing, leasing,programming, installing, testing, or maintaining all necessarydata, hardware, and software required to provide service as wellas the costs of operating the service. The board may investmoney in the account in the manner prescribed by section 23 ofthis chapter and may use the proceeds of the investments toreimburse CMRS providers under this subdivision. The CMRSprovider may only request funds for true cost recovery. Theboard may increase the amount held in escrow under thissubdivision not more than one (1) time a calendar year. If theboard adjusts the wireless emergency 911 fee under section26(a) of this chapter within a calendar year, an adjustment tothe amount held in escrow under this subdivision for thecalendar year must be made at that time.
(3) Two percent (2%) of the wireless emergency 911 feecollected from each user may be used by the board to recoverthe board's expenses in administering this chapter. However, theboard may increase this percentage at the time the board mayadjust the monthly fee assessed against each user to allow forfull recovery of administration expenses.
(4) The remainder of the wireless emergency 911 fee collectedfrom each user must be distributed in the following manner:
(A) The board shall distribute on a monthly basis to eachcounty containing one (1) or more eligible PSAPs, asidentified by the county in the notice required under section40 of this chapter, a part of the remainder based upon thecounty's percentage of the state's population (as reported inthe most recent official United States census). A county mustuse a distribution received under this clause to makedistributions to PSAPs that:
(i) are identified by the county under section 40 of thischapter as eligible for distributions; and
(ii) accept wireless enhanced 911 service;
for actual costs incurred by the PSAPs in complying with thewireless enhanced 911 requirements established by the FCCorder and rules.
(B) The amount of the fee remaining, if any, after thedistributions required under clause (A) must be distributedin equal shares between the escrow accounts establishedunder subdivisions (1) and (2).
(b) Notwithstanding the requirements described in subsection (a),the board may transfer money between and among the accounts insubsection (a) in accordance with the following procedures:
(1) For purposes of acting under this subsection, the board musthave a quorum consisting of at least one (1) member appointed
under section 18(c)(2) of this chapter and at least one (1)member appointed under section 18(c)(3) of this chapter.
(2) A transfer under this subsection must be approved by theaffirmative vote of:
(A) at least fifty percent (50%) of the members present at aduly called meeting of the board who are appointed undersection 18(c)(2) of this chapter; and
(B) at least fifty percent (50%) of the members present at aduly called meeting of the board who are appointed undersection 18(c)(3) of this chapter.
(3) The board may make transfers only one (1) time during acalendar year.
(4) The board may not make a transfer that:
(A) impairs cost recovery by CMRS providers or PSAPs; or
(B) impairs the ability of the board to fulfill its managementand administrative obligations described in this chapter.
(c) If all CMRS providers have been reimbursed for their costsunder this chapter, and the fee has been reduced under section 26(c)of this chapter, the board shall manage the fund in the followingmanner:
(1) One cent ($0.01) of the wireless emergency 911 feecollected from each user may be used by the board to recoverthe board's expenses in administering this chapter. However, theboard may increase this amount at the time the board may adjustthe monthly fee assessed against each user to allow for fullrecovery of administration expenses.
(2) Thirty-eight and three tenths cents ($0.383) of the wirelessemergency 911 fee collected from each user must be distributedto each county containing at least one (1) PSAP, as identified inthe county notice required by section 40 of this chapter. Theboard shall make these distributions in the following manner:
(A) The board shall distribute on a monthly basis to eacheligible county thirty-four and four tenths cents ($0.344) ofthe wireless emergency 911 fee based upon the county'spercentage of the state's population.
(B) The board shall distribute on a monthly basis to eacheligible county three and nine tenths cents ($0.039) of thewireless emergency 911 fee equally among the eligiblecounties. A county must use a distribution received underthis clause to reimburse PSAPs that:
(i) are identified by the county under section 40 of thischapter as eligible for distributions; and
(ii) accept wireless enhanced 911 service;
for actual costs incurred by the PSAPs in complying with thewireless enhanced 911 requirements established by the FCCorder and rules.
(C) The board shall deposit the remainder of the wirelessemergency 911 fee collected from each user into an escrowaccount to be used for costs associated with other wirelessenhanced 911 services mandated by the FCC and specified
in the FCC order but not incurred by PSAPs. The board mayinvest money in the account in the manner prescribed bysection 23 of this chapter and may use the proceeds of theinvestments for costs associated with other wirelessenhanced 911 services mandated by the FCC but notspecified in the FCC order or to make distributions to PSAPsunder this section.
(3) If the fee has been reduced under section 26(c) of thischapter, the board shall determine how money remaining in theaccounts or money for uses described in subsection (a) is to beallocated into the accounts described in this subsection or usedfor distributions under this subsection.
This subsection does not affect the transfer provisions set forth insubsection (b).
As added by P.L.98-1998, SEC.1. Amended by P.L.116-2000, SEC.3;P.L.16-2002, SEC.16; P.L.1-2003, SEC.102; P.L.146-2005, SEC.5;P.L.113-2010, SEC.149.
IC 36-8-16.5-40
Wireless emergency telephone system fund; PSAP eligibility toreceive distribution to county treasurer
Sec. 40. To be eligible to receive distributions from the fundunder section 39 of this chapter, a PSAP must comply with thewireless enhanced 911 requirements established by the FCC orderand rules. A county containing one (1) or more eligible PSAPs shallsubmit a written notice to the board that identifies each PSAP thatcomplies with the FCC order and rules. Distributions under section39 of this chapter to a county containing one (1) or more eligiblePSAPs must begin in the first full month after the board receives thecounty's written notice under this section. The county treasurer shalldeposit the distributions as prescribed in section 43 of this chapter.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.17.
IC 36-8-16.5-41
PSAPs' use of fee distributions; third party audit upon complaint;audits by state board of accounts
Sec. 41. (a) A PSAP shall use its distribution made under section39 of this chapter for the lease, purchase, or maintenance of wirelessenhanced emergency telephone equipment, including:
(1) necessary computer hardware, software, and data baseequipment;
(2) personnel expense and training;
(3) the provision of wireless enhanced emergency service; or
(4) educating consumers about the operations, limitations, role,and responsible use of enhanced 911 service.
(b) If:
(1) the board receives a written complaint alleging that a PSAPhas used money received under this chapter in a manner that isinconsistent with this chapter; and
(2) a majority of the board votes to conduct an audit of the
PSAP;
the board may contract with a third party auditor to audit the PSAPto determine whether the PSAP has used money received under thischapter in a manner consistent with this chapter.
(c) The state board of accounts shall audit the expenditures ofwireless emergency enhanced 911 fees made during each of thefollowing calendar years by each PSAP that received distributionsunder section 39 of this chapter during the following calendar years:
(1) The calendar year ending December 31, 2005.
(2) The calendar year ending December 31, 2006.
(3) The calendar year ending December 31, 2007.
Not later than November 1, 2008, the state board of accounts 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 wireless emergency enhanced 911 fees made duringthe immediately preceding calendar year by each PSAP that receiveddistributions under section 39 of this chapter during the immediatelypreceding calendar year. The state board of accounts shall conductthe first audits required by this subsection with respect toexpenditures of wireless emergency enhanced 911 fees made duringthe calendar year ending December 31, 2008.
(e) In conducting the audits required under subsections (c) and(d), the state board of accounts shall determine whether theexpenditures made by each PSAP are in compliance with subsection(a).
As added by P.L.98-1998, SEC.1. Amended by P.L.137-2008,SEC.10.
IC 36-8-16.5-42
Requests for reimbursement by CMRS providers; submission ofsworn invoices after December 31, 2005; audits concerning use offunds
Sec. 42. (a) A CMRS provider shall submit to the board sworninvoices related to a request for reimbursement under section 39 ofthis chapter. An invoice submitted under this section must containlanguage swearing or affirming, under the penalty of perjury, that therepresentations made in the invoice are accurate to the best of thesigner's knowledge. The signer must be:
(1) an employee or officer of the CMRS provider submitting theinvoice; and
(2) designated by the CMRS provider to sign on its behalf andbind the CMRS provider to the representations made.
The board may not approve an invoice submitted under this sectionif reimbursement of a cost described in the invoice is not related tocompliance with the requirements of the FCC order and the rulesadopted by the FCC under the FCC order. The board may notapprove an invoice submitted under this section after December 31,2005.
(b) If: (1) the board receives a written complaint alleging that a CMRSprovider has used money received under this chapter in amanner that is inconsistent with this chapter; and
(2) a majority of the board votes to conduct an audit of theCMRS provider;
the board may contract with a third party auditor to audit the CMRSprovider to determine whether the CMRS provider has used moneyreceived under this chapter in a manner consistent with this chapter.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.18;P.L.146-2005, SEC.6.
IC 36-8-16.5-43
County wireless emergency telephone system funds; establishment;deposits by county treasurer
Sec. 43. The distribution of wireless emergency enhanced 911funds by the board for cost recovery by PSAPs under section 39 ofthis chapter must be deposited by the county treasurer in a separatefund set aside for the purposes allowed by section 41 of this chapter.The fund must be known as the ______ (insert name of county)wireless emergency telephone system fund. The county treasurer mayinvest money in the fund in the same manner that other money of thecounty may be invested, but income earned from the investment mustbe deposited in the fund set aside under this section.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.19.
IC 36-8-16.5-44
Requirement to provide wireless 911 service
Sec. 44. A CMRS provider is not required to provide wireless 911service unless the elements requiring CMRS providers to providewireless 911 service under the FCC order are present.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-45
Confidentiality of proprietary information; disclosure of generalinformation
Sec. 45. (a) All proprietary information submitted to the board orthe treasurer of state is confidential. Notwithstanding any other law,proprietary information submitted under this chapter is not subjectto subpoena, and proprietary information submitted under thischapter may not be released to a person other than to the submittingCMRS provider without the permission of the submitting CMRSprovider.
(b) General information collected by the board or the treasurer ofstate may be released or published only in aggregate amounts that donot identify or allow identification of numbers of users or revenuesattributable to an individual CMRS provider.
As added by P.L.98-1998, SEC.1. Amended by P.L.113-2010,SEC.150.
IC 36-8-16.5-46 Immunity from civil and criminal liability
Sec. 46. Notwithstanding any other law, the board, a PSAP,political subdivision, CMRS provider, local exchange company, oran employee, director, officer, or agent of a PSAP, politicalsubdivision, CMRS provider, or local exchange company, or amember of the board or the board chair, or an employee, an agent, ora representative of the board chair is not liable for damages in a civilaction or subject to criminal prosecution resulting from death, injury,or loss to persons or property incurred by any person in connectionwith establishing, developing, implementing, maintaining, operating,and providing enhanced wireless 911 service in compliance with therequirements established by the FCC order and rules adopted underthe FCC order, except in the case of willful or wanton misconduct.
As added by P.L.98-1998, SEC.1. Amended by P.L.16-2002, SEC.20.
IC 36-8-16.5-47
Accepted uses of wireless emergency 911 telephone service
Sec. 47. (a) A person may not use the wireless 911 service exceptto make emergency calls that may result in dispatch of theappropriate response for fire suppression and rescue, emergencymedical or ambulance services, hazardous material, disaster or majoremergency occurrences, and law enforcement activities.
(b) A person who knowingly or intentionally violates this sectioncommits a Class A misdemeanor.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-48
Automatic alarms or alerting devices prohibited
Sec. 48. (a) A person may not connect an automatic alarm or otherautomated alerting device to a wireless 911 service supplier'snetwork that:
(1) causes the number 911 to be automatically dialed; or
(2) provides through a prerecorded message informationregarding obtaining 911 emergency services.
(b) A person who knowingly or intentionally violates this sectioncommits a Class A misdemeanor.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-49
Use of wireless emergency 911 telephone service for emergencycommunications; use to avoid CMRS charges or obtain CMRSservice prohibited
Sec. 49. (a) Wireless emergency 911 telephone service may beused only for emergency communications by the public.
(b) Except as provided in subsection (c), a person who knowinglyor intentionally uses or attempts to use wireless emergency telephoneservice:
(1) for a purpose other than obtaining public safety assistance;or
(2) in an effort to avoid CMRS charges;commits a Class A misdemeanor.
(c) A person who:
(1) knowingly or intentionally uses wireless emergencytelephone service in a manner prohibited by subsection (b); and
(2) obtains CMRS service with a value of at least one hundreddollars ($100) from the use;
commits a Class D felony.
As added by P.L.98-1998, SEC.1.
IC 36-8-16.5-50
Utility regulatory commission; prohibition against exercisingjurisdiction over CMRS service
Sec. 50. The utility regulatory commission may not exercisejurisdiction over the:
(1) rates;
(2) terms; or
(3) conditions;
of CMRS service, including a CMRS mobile phone.
As added by P.L.146-2005, SEC.7.
IC 36-8-16.5-51
Limitation on number of PSAPs in a county after December 31,2014; exceptions; establishing new PSAPs on or after March 15,2008, prohibited; interlocal agreements; other parties; plansrequired
Sec. 51. (a) For purposes of this section, a PSAP includes a publicsafety communications system operated and maintained underIC 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 a state educationalinstitution that operates a PSAP or an airport authority establishedfor a county having a consolidated city.
(c) Subject to subsection (d), after December 31, 2014, a countymay not contain more than two (2) PSAPs. However, a county maycontain one (1) or more PSAPs in addition to the number of PSAPsauthorized by this section, as long as any additional PSAPs areoperated by:
(1) a state educational institution; or
(2) an airport authority established for a county having aconsolidated city.
(d) If, on March 15, 2008, a county does not contain more thanone (1) PSAP, not including any PSAP operated by an entitydescribed in subsection (c)(1) or (c)(2), an additional PSAP may notbe established or 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 airportauthority established for the county; or (3) the municipality having the largest population in the countyor an agency of that municipality.
(e) Before January 1, 2015, each PSAP operator in a county thatcontains more than the number of PSAPs authorized by subsection(c) shall enter into an interlocal agreement under IC 36-1-7 withevery other PSAP operator in the county to ensure that the countydoes not contain more than the number of PSAPs authorized bysubsection (c) after December 31, 2014.
(f) An interlocal agreement required under subsection (e) mayinclude as parties, in addition to the PSAP operators required to enterinto the interlocal agreement under subsection (e), any of thefollowing that seek to be served by a county's authorized PSAPs afterDecember 31, 2014:
(1) Other counties contiguous to the county.
(2) Other political subdivisions in a county contiguous to thecounty.
(3) Other PSAP operators in a county contiguous to the county.
(g) An interlocal agreement required under subsection (e) mustprovide for the following:
(1) A plan for the:
(A) consolidation;
(B) reorganization; or
(C) elimination;
of one (1) or more of the county's PSAPs, as necessary toensure that the county does not contain more than the numberof PSAPs authorized by subsection (c) after December 31,2014.
(2) A plan for funding and staffing the PSAP or PSAPs that willserve:
(A) the county; and
(B) any areas contiguous to the county, if additional partiesdescribed in subsection (f) participate in the interlocalagreement;
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 torespond to the calls;
after December 31, 2014.
(4) Any other matters that the participating PSAP operators orparties described in subsection (f), if any, determine arenecessary to ensure that the county does not contain more thanthe number of PSAPs authorized by subsection (c) afterDecember 31, 2014.
(h) This section may not be construed to require a county tocontain a PSAP.
As added by P.L.137-2008, SEC.11.