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Senate Bill 0345


Senate Bill 0345

ARCHIVE (2012)

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DIGEST OF SB 345 (Updated March 10, 2012 1:08 am - DI 101)


Statewide 911 system. Requires the Indiana advisory commission on intergovernmental relations to: (1) study the appropriate roles and responsibilities of the state and various political subdivisions in providing 911 and enhanced 911 services in Indiana; and (2) report its findings and recommendations to the legislative council and the budget committee not later than November 1, 2012. Amends the statute concerning deceptive commercial electronic mail to provide that a communications service provider (rather than a telephone company or a commercial mobile radio service (CMRS) provider, as provided under current law) is not subject to a civil lawsuit for a violation of the statute. Repeals the statutes concerning: (1) the emergency telephone system fee (assessed by counties or municipalities for enhanced 911 service for users of wireline telephone service); (2) enhanced wireless emergency telephone service (and the accompanying fee assessed statewide on users of wireless service to provide for enhanced 911 service); and (3) emergency telephone notification systems. Requires the wireless enhanced 911 advisory board to increase the amount of the prepaid wireless charge so that the amount of the charge imposed after June 30, 2012, equals $0.50. Repeals the provision that provides for the expiration and sunset on July 1, 2013 (if certain conditions are met), of the statute establishing the enhanced prepaid wireless charge. Establishes a statewide 911 system (which does not include a wireline enhanced emergency telephone system funded at the county level before the bill's repeal of the statute governing the wireline enhanced emergency 911 fee on July 1, 2012). Establishes the 13 member statewide 911 board (board) to administer the new system. Provides that the treasurer of state serves as the chair of the board. Provides that the board may do the following in addition to other enumerated powers: (1) Administer statewide 911 grants in accordance with state and federal guidelines. (2) Obtain from each PSAP operating statistics and other performance measurements. With respect to the purchase of communications service or equipment by the board, provides that: (1) a contract for such a purchase must be awarded through an invitation for bids or a request for proposals; and (2) the board must enter into a cooperative agreement with the Indiana department of administration for the department to administer such a purchase using the department's purchasing agents. Provides that the board shall be considered a state agency for purposes of the statute governing the Indiana transparency Internet web site. Establishes the statewide 911 fund (fund). Provides that the fund is considered a trust fund and that no transfers may be made from the fund by the state board of finance or the budget agency. Appropriates money in the fund. Provides that the board shall administer the fund. Provides that the treasurer of state may invest money in the fund. Requires the state board of accounts to audit the fund annually. Requires the board to impose a monthly statewide 911 fee (fee) on each standard user of communications service in Indiana. Provides that the amount of the initial fee is $0.90. Provides that the following users of communications service are exempt from the fee: (1) The federal government or a federal agency. (2) The state or a state agency or instrumentality. (3) A political subdivision or an agency of a political subdivision. (4) A user that accesses communications service solely through a wireless data only service plan. Requires communications service providers to collect the fee as part of the monthly billing process. Requires the board to deposit the fees collected into the fund. Provides that the fee may not be raised or lowered more than one time in a calendar year. Provides that the fee: (1) may not be raised or lowered more than $0.10 without legislative approval; and (2) may not be raised by $0.10 or less without review by the budget committee. Prohibits a state agency or a local governmental unit from imposing any additional fee relating to the provision of 911 service. Provides that the board shall require a provider to report to the board, on at least an annual basis, the amount of fees collected from all of the provider's standard customers and remitted to the board. Allows the board to retain in each state fiscal year the lesser of: (A) 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 recover the board's administrative expenses and to develop, operate, and maintain a statewide 911 system. Specifies how the board must distribute money from the fund to counties. Provides that in determining a distribution from the fund for a county for any state fiscal year beginning after June 30, 2012, the board shall ensure that the distribution is at least equal to the average annual amount distributed to the county in wireless 911 fees and to all PSAPs in the county in wireline 911 fees during the three state fiscal years ending: (1) June 30, 2009; (2) June 30, 2010; and (3) June 30, 2011; increased by a percentage that does not exceed the percent of increase in the Consumer Price Index during the preceding twelve months. Provides that if any statewide 911 fees remain in the fund after these ensured distributions, the board shall distribute the fees as follows: (1) 90% of the fees shall be distributed to the counties based upon each county's percentage of the state's population. (2) 10%of the fees shall be distributed equally among the counties. Specifies the permissible uses of funds distributed to a PSAP. Requires each PSAP to annually report to the board all call data and statistics specified by the board. Provides that if the board verifies that an expenditure by a PSAP does not comply with requirements of the statute, the board shall ensure that the fund is reimbursed in the dollar amount of the noncomplying expenditure from any source of funding available to the PSAP or to a unit in which the PSAP is located. Requires a communications service provider to provide to a PSAP the necessary user data to enable the PSAP to implement and operate a 911 system. Provides that proprietary information submitted to the board is confidential. Allows a county to establish an emergency notification system with the approval of the board. Retains those provisions from the repealed statute concerning enhanced wireless emergency telephone service that provide that after December 31, 2014, a county may not contain more than two PSAPs. Provides that after December 31, 2014, if a county contains more than two PSAPs, the county may not receive a distribution from the fund until the county contains no more than the authorized number of PSAPs. Requires the state board of accounts and the board to submit certain reports concerning the fund and the use of statewide 911 fees by PSAPs to the budget committee for the two calendar years ending: (1) December 31, 2013; and (2) December 31, 2014. Requires the budget committee to review the statewide 911 system for the same two calendar years. Requires the budget committee to submit to the legislative council, not later than June 1, 2015, a report that includes a recommendation as to whether the statewide 911 fee should continue to be assessed and collected after June 30, 2015. Provides that if the budget committee does not recommend that the statewide 911 fee should continue to be assessed and collected after June 30, 2015, the statewide 911 fee expires July 1, 2015, and may not be collected or assessed after June 30, 2015. Specifies that funds that remain on June 30, 2012, in the wireless emergency telephone system fund shall be transferred on July 1, 2012, to the statewide 911 fund. Provides that funds that remain on June 30, 2012, in: (1) a county wireless emergency telephone system fund; or (2) a county wireline emergency telephone system fund; shall be transferred on July 1, 2012, by the county treasurer to the new county 911 fund required to be set aside by the county treasurer under the act. Makes conforming amendments.
    Current Status:
     Law Enacted
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