*ES0232.1*
February 26, 2024
ENGROSSED
SENATE BILL No. 232
_____
DIGEST OF SB 232 (Updated February 26, 2024 11:11 am - DI 106)
Citations Affected: IC 5-14; IC 8-1; IC 35-44.1; IC 36-8.
Synopsis: Statewide 911 system. Removes references to "enhanced
911 service". Increases the penalty for false informing if the false report
is that a person is dangerous and certain other circumstances exist.
Changes references from the "enhanced prepaid wireless charge" to the
"911 service prepaid wireless charge". Provides that information
relating to security measures or precautions used to secure the
statewide 911 system may be excepted from public disclosure at the
discretion of the statewide 911 board. Makes changes to or repeals
certain definitions relating to the state 911 system. Provides that all
originating service providers that provide 911 service for their
customers: (1) shall connect to the state 911 system using an industry
standard or functional equivalent; and (2) must establish and maintain
the connection in accordance with all applicable regulatory
requirements requiring service continuity and ensure access to public
safety assistance.Provides that an emergency communications center
included in the definition of PSAP may not be construed to create an
additional PSAP. Makes a technical correction. Makes conforming
amendments.
Effective: July 1, 2024.
Walker K, Crider, Freeman
(HOUSE SPONSORS — BARRETT, BARTELS)
January 8, 2024, read first time and referred to Committee on Homeland Security and
Transportation.
January 23, 2024, amended, reported favorably — Do Pass.
January 25, 2024, read second time, ordered engrossed.
January 26, 2024, engrossed.
January 29, 2024, read third time, passed. Yeas 49, nays 0.
HOUSE ACTION
February 6, 2024, read first time and referred to Committee on Courts and Criminal Code.
February 26, 2024, amended, reported — Do Pass.
ES 232—LS 6984/DI 116 February 26, 2024
Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
ENGROSSED
SENATE BILL No. 232
A BILL FOR AN ACT to amend the Indiana Code concerning
public safety.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
4 from section 3 of this chapter and may not be disclosed by a public
5 agency, unless access to the records is specifically required by a state
6 or federal statute or is ordered by a court under the rules of discovery:
7 (1) Those declared confidential by state statute.
8 (2) Those declared confidential by rule adopted by a public
9 agency under specific authority to classify public records as
10 confidential granted to the public agency by statute.
11 (3) Those required to be kept confidential by federal law.
12 (4) Records containing trade secrets.
13 (5) Confidential financial information obtained, upon request,
14 from a person. However, this does not include information that is
15 filed with or received by a public agency pursuant to state statute.
16 (6) Information concerning research, including actual research
17 documents, conducted under the auspices of a state educational
ES 232—LS 6984/DI 116 2
1 institution, including information:
2 (A) concerning any negotiations made with respect to the
3 research; and
4 (B) received from another party involved in the research.
5 (7) Grade transcripts and license examination scores obtained as
6 part of a licensure process.
7 (8) Those declared confidential by or under rules adopted by the
8 supreme court of Indiana.
9 (9) Patient medical records and charts created by a provider,
10 unless the patient gives written consent under IC 16-39 or as
11 provided under IC 16-41-8.
12 (10) Application information declared confidential by the Indiana
13 economic development corporation under IC 5-28.
14 (11) A photograph, a video recording, or an audio recording of an
15 autopsy, except as provided in IC 36-2-14-10.
16 (12) A Social Security number contained in the records of a
17 public agency.
18 (13) The following information that is part of a foreclosure action
19 subject to IC 32-30-10.5:
20 (A) Contact information for a debtor, as described in
21 IC 32-30-10.5-8(d)(1)(B).
22 (B) Any document submitted to the court as part of the debtor's
23 loss mitigation package under IC 32-30-10.5-10(a)(3).
24 (14) The following information obtained from a call made to a
25 fraud hotline established under IC 36-1-8-8.5:
26 (A) The identity of any individual who makes a call to the
27 fraud hotline.
28 (B) A report, transcript, audio recording, or other information
29 concerning a call to the fraud hotline.
30 However, records described in this subdivision may be disclosed
31 to a law enforcement agency, a private university police
32 department, the attorney general, the inspector general, the state
33 examiner, or a prosecuting attorney.
34 (15) Information described in section 5(c)(3)(B) of this chapter
35 that is contained in a daily log or record described in section 5(c)
36 of this chapter for a victim of a crime or delinquent act who is less
37 than eighteen (18) years of age, unless and to the extent that:
38 (A) a parent, guardian, or custodian of the victim consents in
39 writing to public disclosure of the records; and
40 (B) that parent, guardian, or custodian of the victim has not
41 been charged with or convicted of committing a crime against
42 the victim.
ES 232—LS 6984/DI 116 3
1 However, records described in this subdivision may be disclosed
2 to the department of child services.
3 (b) Except as otherwise provided by subsection (a), the following
4 public records shall be excepted from section 3 of this chapter at the
5 discretion of a public agency:
6 (1) Investigatory records of law enforcement agencies or private
7 university police departments. For purposes of this chapter, a law
8 enforcement recording is not an investigatory record. However,
9 information described in subsection (a)(15) contained in a law
10 enforcement recording is exempt from disclosure, unless and to
11 the extent that a parent, guardian, or custodian of the victim
12 consents in writing to public disclosure of the records. However,
13 a parent, guardian, or custodian charged with or convicted of a
14 crime against the victim may not consent to public disclosure of
15 the records. Law enforcement agencies or private university
16 police departments may share investigatory records with a:
17 (A) person who advocates on behalf of a crime victim,
18 including a victim advocate (as defined in IC 35-37-6-3.5) or
19 a victim service provider (as defined in IC 35-37-6-5), for the
20 purposes of providing services to a victim or describing
21 services that may be available to a victim; and
22 (B) school corporation (as defined by IC 20-18-2-16(a)),
23 charter school (as defined by IC 20-24-1-4), or nonpublic
24 school (as defined by IC 20-18-2-12) for the purpose of
25 enhancing the safety or security of a student or a school
26 facility;
27 without the law enforcement agency or private university police
28 department losing its discretion to keep those records confidential
29 from other records requesters. However, certain law enforcement
30 records must be made available for inspection and copying as
31 provided in section 5 of this chapter.
32 (2) The work product of an attorney representing, pursuant to
33 state employment or an appointment by a public agency:
34 (A) a public agency;
35 (B) the state; or
36 (C) an individual.
37 (3) Test questions, scoring keys, and other examination data used
38 in administering a licensing examination, examination for
39 employment, or academic examination before the examination is
40 given or if it is to be given again.
41 (4) Scores of tests if the person is identified by name and has not
42 consented to the release of the person's scores.
ES 232—LS 6984/DI 116 4
1 (5) The following:
2 (A) Records relating to negotiations between:
3 (i) the Indiana economic development corporation;
4 (ii) the ports of Indiana;
5 (iii) the Indiana state department of agriculture;
6 (iv) the Indiana finance authority;
7 (v) an economic development commission;
8 (vi) the Indiana White River state park development
9 commission;
10 (vii) a local economic development organization that is a
11 nonprofit corporation established under state law whose
12 primary purpose is the promotion of industrial or business
13 development in Indiana, the retention or expansion of
14 Indiana businesses, or the development of entrepreneurial
15 activities in Indiana; or
16 (viii) a governing body of a political subdivision;
17 with industrial, research, or commercial prospects, if the
18 records are created while negotiations are in progress.
19 However, this clause does not apply to records regarding
20 research that is prohibited under IC 16-34.5-1-2 or any other
21 law.
22 (B) Notwithstanding clause (A), the terms of the final offer of
23 public financial resources communicated by the Indiana
24 economic development corporation, the ports of Indiana, the
25 Indiana finance authority, an economic development
26 commission, the Indiana White River state park development
27 commission, or a governing body of a political subdivision to
28 an industrial, a research, or a commercial prospect shall be
29 available for inspection and copying under section 3 of this
30 chapter after negotiations with that prospect have terminated.
31 (C) When disclosing a final offer under clause (B), the Indiana
32 economic development corporation shall certify that the
33 information being disclosed accurately and completely
34 represents the terms of the final offer.
35 (D) Notwithstanding clause (A), an incentive agreement with
36 an incentive recipient shall be available for inspection and
37 copying under section 3 of this chapter after the date the
38 incentive recipient and the Indiana economic development
39 corporation execute the incentive agreement regardless of
40 whether negotiations are in progress with the recipient after
41 that date regarding a modification or extension of the incentive
42 agreement.
ES 232—LS 6984/DI 116 5
1 (6) Records that are intra-agency or interagency advisory or
2 deliberative material, including material developed by a private
3 contractor under a contract with a public agency, that are
4 expressions of opinion or are of a speculative nature, and that are
5 communicated for the purpose of decision making.
6 (7) Diaries, journals, or other personal notes serving as the
7 functional equivalent of a diary or journal.
8 (8) Personnel files of public employees and files of applicants for
9 public employment, except for:
10 (A) the name, compensation, job title, business address,
11 business telephone number, job description, education and
12 training background, previous work experience, or dates of
13 first and last employment of present or former officers or
14 employees of the agency;
15 (B) information relating to the status of any formal charges
16 against the employee; and
17 (C) the factual basis for a disciplinary action in which final
18 action has been taken and that resulted in the employee being
19 suspended, demoted, or discharged.
20 However, all personnel file information shall be made available
21 to the affected employee or the employee's representative. This
22 subdivision does not apply to disclosure of personnel information
23 generally on all employees or for groups of employees without the
24 request being particularized by employee name.
25 (9) Minutes or records of hospital medical staff meetings.
26 (10) Administrative or technical information that would
27 jeopardize a record keeping system, voting system, voter
28 registration system, or security system.
29 (11) Computer programs, computer codes, computer filing
30 systems, and other software that are owned by the public agency
31 or entrusted to it and portions of electronic maps entrusted to a
32 public agency by a utility.
33 (12) Records specifically prepared for discussion or developed
34 during discussion in an executive session under IC 5-14-1.5-6.1.
35 However, this subdivision does not apply to that information
36 required to be available for inspection and copying under
37 subdivision (8).
38 (13) The work product of the legislative services agency under
39 personnel rules approved by the legislative council.
40 (14) The work product of individual members and the partisan
41 staffs of the general assembly.
42 (15) The identity of a donor of a gift made to a public agency if:
ES 232—LS 6984/DI 116 6
1 (A) the donor requires nondisclosure of the donor's identity as
2 a condition of making the gift; or
3 (B) after the gift is made, the donor or a member of the donor's
4 family requests nondisclosure.
5 (16) Library or archival records:
6 (A) which can be used to identify any library patron; or
7 (B) deposited with or acquired by a library upon a condition
8 that the records be disclosed only:
9 (i) to qualified researchers;
10 (ii) after the passing of a period of years that is specified in
11 the documents under which the deposit or acquisition is
12 made; or
13 (iii) after the death of persons specified at the time of the
14 acquisition or deposit.
15 However, nothing in this subdivision shall limit or affect contracts
16 entered into by the Indiana state library pursuant to IC 4-1-6-8.
17 (17) The identity of any person who contacts the bureau of motor
18 vehicles concerning the ability of a driver to operate a motor
19 vehicle safely and the medical records and evaluations made by
20 the bureau of motor vehicles staff or members of the driver
21 licensing medical advisory board regarding the ability of a driver
22 to operate a motor vehicle safely. However, upon written request
23 to the commissioner of the bureau of motor vehicles, the driver
24 must be given copies of the driver's medical records and
25 evaluations.
26 (18) School safety and security measures, plans, and systems,
27 including emergency preparedness plans developed under 511
28 IAC 6.1-2-2.5.
29 (19) A record or a part of a record, the public disclosure of which
30 would have a reasonable likelihood of threatening public safety
31 by exposing a vulnerability to terrorist attack. A record described
32 under this subdivision includes the following:
33 (A) A record assembled, prepared, or maintained to prevent,
34 mitigate, or respond to an act of terrorism under IC 35-47-12-1
35 (before its repeal), an act of agricultural terrorism under
36 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
37 (as defined in IC 35-50-2-18).
38 (B) Vulnerability assessments.
39 (C) Risk planning documents.
40 (D) Needs assessments.
41 (E) Threat assessments.
42 (F) Intelligence assessments.
ES 232—LS 6984/DI 116 7
1 (G) Domestic preparedness strategies.
2 (H) The location of community drinking water wells and
3 surface water intakes.
4 (I) The emergency contact information of emergency
5 responders and volunteers.
6 (J) Infrastructure records that disclose the configuration of
7 critical systems such as voting system and voter registration
8 system critical infrastructure, and communication, electrical,
9 ventilation, water, and wastewater systems.
10 (K) Detailed drawings or specifications of structural elements,
11 floor plans, and operating, utility, or security systems, whether
12 in paper or electronic form, of any building or facility located
13 on an airport (as defined in IC 8-21-1-1) that is owned,
14 occupied, leased, or maintained by a public agency, or any part
15 of a law enforcement recording that captures information
16 about airport security procedures, areas, or systems. A record
17 described in this clause may not be released for public
18 inspection by any public agency without the prior approval of
19 the public agency that owns, occupies, leases, or maintains the
20 airport. Both of the following apply to the public agency that
21 owns, occupies, leases, or maintains the airport:
22 (i) The public agency is responsible for determining whether
23 the public disclosure of a record or a part of a record,
24 including a law enforcement recording, has a reasonable
25 likelihood of threatening public safety by exposing a
26 security procedure, area, system, or vulnerability to terrorist
27 attack.
28 (ii) The public agency must identify a record described
29 under item (i) and clearly mark the record as "confidential
30 and not subject to public disclosure under
31 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
32 submitting public agency)". However, in the case of a law
33 enforcement recording, the public agency must clearly mark
34 the record as "confidential and not subject to public
35 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
36 (insert name of the public agency that owns, occupies,
37 leases, or maintains the airport)".
38 (L) The home address, home telephone number, and
39 emergency contact information for any:
40 (i) emergency management worker (as defined in
41 IC 10-14-3-3);
42 (ii) public safety officer (as defined in IC 35-47-4.5-3);
ES 232—LS 6984/DI 116 8
1 (iii) emergency medical responder (as defined in
2 IC 16-18-2-109.8); or
3 (iv) advanced emergency medical technician (as defined in
4 IC 16-18-2-6.5).
5 (M) Information relating to security measures or
6 precautions used to secure the statewide 911 system under
7 IC 36-8-16.7.
8 This subdivision does not apply to a record or portion of a record
9 pertaining to a location or structure owned or protected by a
10 public agency in the event that an act of terrorism under
11 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
12 under IC 35-47-12-2 (before its repeal), or a felony terrorist
13 offense (as defined in IC 35-50-2-18) has occurred at that location
14 or structure, unless release of the record or portion of the record
15 would have a reasonable likelihood of threatening public safety
16 by exposing a vulnerability of other locations or structures to
17 terrorist attack.
18 (20) The following personal information concerning a customer
19 of a municipally owned utility (as defined in IC 8-1-2-1):
20 (A) Telephone number.
21 (B) Address.
22 (C) Social Security number.
23 (21) The following personal information about a complainant
24 contained in records of a law enforcement agency:
25 (A) Telephone number.
26 (B) The complainant's address. However, if the complainant's
27 address is the location of the suspected crime, infraction,
28 accident, or complaint reported, the address shall be made
29 available for public inspection and copying.
30 (22) Notwithstanding subdivision (8)(A), the name,
31 compensation, job title, business address, business telephone
32 number, job description, education and training background,
33 previous work experience, or dates of first employment of a law
34 enforcement officer who is operating in an undercover capacity.
35 (23) Records requested by an offender, an agent, or a relative of
36 an offender that:
37 (A) contain personal information relating to:
38 (i) a correctional officer (as defined in IC 5-10-10-1.5);
39 (ii) a probation officer;
40 (iii) a community corrections officer;
41 (iv) a law enforcement officer (as defined in
42 IC 35-31.5-2-185);
ES 232—LS 6984/DI 116 9
1 (v) a judge (as defined in IC 33-38-12-3);
2 (vi) the victim of a crime; or
3 (vii) a family member of a correctional officer, probation
4 officer, community corrections officer, law enforcement
5 officer (as defined in IC 35-31.5-2-185), judge (as defined
6 in IC 33-38-12-3), or victim of a crime; or
7 (B) concern or could affect the security of a jail or correctional
8 facility.
9 For purposes of this subdivision, "agent" means a person who is
10 authorized by an offender to act on behalf of, or at the direction
11 of, the offender, and "relative" has the meaning set forth in
12 IC 35-42-2-1(b). However, the term "agent" does not include an
13 attorney in good standing admitted to the practice of law in
14 Indiana.
15 (24) Information concerning an individual less than eighteen (18)
16 years of age who participates in a conference, meeting, program,
17 or activity conducted or supervised by a state educational
18 institution, including the following information regarding the
19 individual or the individual's parent or guardian:
20 (A) Name.
21 (B) Address.
22 (C) Telephone number.
23 (D) Electronic mail account address.
24 (25) Criminal intelligence information.
25 (26) The following information contained in a report of unclaimed
26 property under IC 32-34-1.5-18 or in a claim for unclaimed
27 property under IC 32-34-1.5-48:
28 (A) Date of birth.
29 (B) Driver's license number.
30 (C) Taxpayer identification number.
31 (D) Employer identification number.
32 (E) Account number.
33 (27) Except as provided in subdivision (19) and sections 5.1 and
34 5.2 of this chapter, a law enforcement recording. However, before
35 disclosing the recording, the public agency must comply with the
36 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
37 applicable.
38 (28) Records relating to negotiations between a state educational
39 institution and another entity concerning the establishment of a
40 collaborative relationship or venture to advance the research,
41 engagement, or educational mission of the state educational
42 institution, if the records are created while negotiations are in
ES 232—LS 6984/DI 116 10
1 progress. The terms of the final offer of public financial resources
2 communicated by the state educational institution to an industrial,
3 a research, or a commercial prospect shall be available for
4 inspection and copying under section 3 of this chapter after
5 negotiations with that prospect have terminated. However, this
6 subdivision does not apply to records regarding research
7 prohibited under IC 16-34.5-1-2 or any other law.
8 (c) Nothing contained in subsection (b) shall limit or affect the right
9 of a person to inspect and copy a public record required or directed to
10 be made by any statute or by any rule of a public agency.
11 (d) Notwithstanding any other law, a public record that is classified
12 as confidential, other than a record concerning an adoption or patient
13 medical records, shall be made available for inspection and copying
14 seventy-five (75) years after the creation of that record.
15 (e) Only the content of a public record may form the basis for the
16 adoption by any public agency of a rule or procedure creating an
17 exception from disclosure under this section.
18 (f) Except as provided by law, a public agency may not adopt a rule
19 or procedure that creates an exception from disclosure under this
20 section based upon whether a public record is stored or accessed using
21 paper, electronic media, magnetic media, optical media, or other
22 information storage technology.
23 (g) Except as provided by law, a public agency may not adopt a rule
24 or procedure nor impose any costs or liabilities that impede or restrict
25 the reproduction or dissemination of any public record.
26 (h) Notwithstanding subsection (d) and section 7 of this chapter:
27 (1) public records subject to IC 5-15 may be destroyed only in
28 accordance with record retention schedules under IC 5-15; or
29 (2) public records not subject to IC 5-15 may be destroyed in the
30 ordinary course of business.
31 SECTION 2. IC 8-1-2.6-0.1, AS ADDED BY P.L.27-2006,
32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 0.1. (a) As used in this chapter, "basic
34 telecommunications service" means stand alone telephone exchange
35 service (as defined in 47 U.S.C. 153(47)) that:
36 (1) is provided to a residential customer through the customer's
37 primary line; and
38 (2) is:
39 (A) the sole service purchased by the customer;
40 (B) not part of a package of services, a promotion, or a
41 contract; or
42 (C) not otherwise offered at a discounted price.
ES 232—LS 6984/DI 116 11
1 (b) The term includes, at a minimum, the following:
2 (1) Voice grade access to the public switched telephone network
3 with minimum bandwidth of three hundred (300) to three
4 thousand (3,000) hertz.
5 (2) Dual tone multifrequency signaling and single party service.
6 (3) Access to:
7 (A) emergency services, including access to 911 and enhanced
8 911 if provided by the local government having jurisdiction in
9 the service area;
10 (B) operator services;
11 (C) local directory assistance;
12 (D) telephone relay services; and
13 (E) interexchange service.
14 (4) Toll limitation services for qualifying low income customers.
15 (c) The term does not include a functionally equivalent service
16 provided by a person or an entity described in IC 8-1-2-1.1.
17 SECTION 3. IC 8-1-32.7-5, AS ADDED BY P.L.79-2012,
18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsections (b) and
20 (c) and in IC 21-28-5, after March 31, 2012, I-Light may not be used
21 to offer or provide, directly or indirectly, communications service to the
22 public or to any private or governmental entity.
23 (b) This section does not prohibit the use of I-Light for any of the
24 following:
25 (1) The provision of communications service to the extent used
26 solely for 911 service enhanced 911 service, or any other
27 emergency or law enforcement purpose.
28 (2) The provision of communications service to a state
29 educational institution or a private postsecondary educational
30 institution in furtherance of education or research for the direct
31 benefit of students, faculty, or staff. The provision of
32 communications service under this subdivision may include the
33 provision of communications service to a person that is not a state
34 educational institution or a private postsecondary educational
35 institution if:
36 (A) the person has a research and development relationship
37 with a state educational institution or a private postsecondary
38 educational institution; and
39 (B) the communications service required by and provided to
40 the person:
41 (i) is a one (1) gigabit per second or greater network
42 connection;
ES 232—LS 6984/DI 116 12
1 (ii) is used in furtherance of the research and development
2 relationship only;
3 (iii) is provided only for a specific research and
4 development project;
5 (iv) is provided only for the limited duration of the specific
6 research and development project; and
7 (v) is not provided in competition with private sector
8 communications service providers' provision of
9 communications service.
10 (3) The provision of communications service to member licensees
11 of Indiana Public Broadcasting Stations, Inc., for the direct benefit
12 of public broadcasting.
13 (c) Notwithstanding subsection (a), the state remains subject to any
14 contractual rights, duties, and obligations incurred by the state and
15 owed to any private person under a contract for the provision of
16 communications service that was entered into by the state before April
17 1, 2012, and that remains in effect after March 31, 2012. All liens,
18 security interests, royalties, and other contracts, rights, and interests
19 owed to a private person under the contract continue in full force and
20 effect and must be paid or performed by the state in the manner
21 specified in the contract, subject to the right of the state and all other
22 contracting parties to renegotiate the terms of the contract at any time
23 before the expiration of the contract.
24 SECTION 4. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
25 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product"
27 has the meaning set forth in IC 35-45-8-1.
28 (b) As used in this section, "misconduct" means a violation of a
29 departmental rule or procedure of a law enforcement agency.
30 (c) A person who reports that:
31 (1) the person or another person has placed or intends to place an
32 explosive, a destructive device, or other destructive substance in
33 a building or transportation facility;
34 (2) there has been or there will be tampering with a consumer
35 product introduced into commerce; or
36 (3) there has been or will be placed or introduced a weapon of
37 mass destruction in a building or a place of assembly;
38 knowing the report to be false, commits false reporting, a Level 6
39 felony.
40 (d) A person who:
41 (1) gives:
42 (A) a false report of the commission of a crime; or
ES 232—LS 6984/DI 116 13
1 (B) false information to a law enforcement officer that relates
2 to the commission of a crime;
3 knowing the report or information to be false;
4 (2) gives a false alarm of fire to the fire department of a
5 governmental entity, knowing the alarm to be false;
6 (3) makes a false request for ambulance service to an ambulance
7 service provider, knowing the request to be false;
8 (4) gives a false report concerning a missing child (as defined in
9 IC 10-13-5-4) or missing endangered adult (as defined in
10 IC 12-7-2-131.3) or gives false information to a law enforcement
11 officer or a governmental entity that relates to a missing child or
12 missing endangered adult knowing the report or information to be
13 false;
14 (5) makes a complaint against a law enforcement officer to the
15 state or municipality (as defined in IC 8-1-13-3(b)) that employs
16 the officer:
17 (A) alleging the officer engaged in misconduct while
18 performing the officer's duties; and
19 (B) knowing the complaint to be false;
20 (6) makes a false report of a missing person, knowing the report
21 or information is false;
22 (7) gives a false report of actions, behavior, or conditions
23 concerning:
24 (A) a septic tank soil absorption system under IC 8-1-2-125 or
25 IC 13-26-5-2.5; or
26 (B) a septic tank soil absorption system or constructed wetland
27 septic system under IC 36-9-23-30.1;
28 knowing the report or information to be false; or
29 (8) makes a false report that a person is dangerous (as defined in
30 IC 35-47-14-1) knowing the report or information to be false;
31 commits false informing, a Class B misdemeanor except as provided
32 in subsection (e).
33 (e) However, The offense described in subsection (d) is:
34 (1) a Class A misdemeanor if it:
35 (A) substantially hinders any law enforcement process; or if it
36 (B) results in harm to another person; or
37 (C) is committed under subsection (d)(8);
38 (2) a Level 6 felony if it:
39 (A) is committed under subsection (d)(8); and
40 (B) either:
41 (i) substantially hinders any law enforcement process; or
42 (ii) results in harm to another person; and
ES 232—LS 6984/DI 116 14
1 (3) a Level 5 felony if it is committed under subsection (d)(8)
2 and results in serious bodily injury or death to another
3 person.
4 SECTION 5. IC 36-8-16.6-0.5 IS ADDED TO THE INDIANA
5 CODE AS A NEW SECTION TO READ AS FOLLOWS
6 [EFFECTIVE JULY 1, 2024]: Sec. 0.5. As used in this chapter, "911
7 service prepaid wireless charge" means the charge that a seller is
8 required to collect from a consumer under section 12 of this
9 chapter.
10 SECTION 6. IC 36-8-16.6-4 IS REPEALED [EFFECTIVE JULY
11 1, 2024]. Sec. 4. As used in this chapter, "enhanced prepaid wireless
12 charge" means the charge that a seller is required to collect from a
13 consumer under section 12 of this chapter.
14 SECTION 7. IC 36-8-16.6-11, AS AMENDED BY P.L.131-2023,
15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2024]: Sec. 11. (a) The board shall impose an enhanced a 911
17 service prepaid wireless charge on each retail transaction. The charge
18 is not required to be paid by an eligible telecommunications carrier that
19 is required to pay the monthly statewide 911 fee under IC 36-8-16.7-32
20 for the same transaction. The amount of the charge is one dollar ($1).
21 The board may increase the enhanced 911 service prepaid wireless
22 charge to ensure adequate revenue for the board to fulfill its duties and
23 obligations under this chapter and IC 36-8-16.7. The following apply
24 to an increase in the enhanced 911 service prepaid wireless charge:
25 (1) The board may increase the charge only one (1) time after
26 April 30, 2023, and before July 1, 2026, in an amount not to
27 exceed ten cents ($0.10).
28 (2) The board may increase the charge only after review by the
29 budget committee.
30 (b) A consumer that is the federal government or an agency of the
31 federal government is exempt from the enhanced 911 service prepaid
32 wireless charge imposed under this section.
33 (c) This subsection applies to an eligible telecommunications carrier
34 for purposes of receiving Lifeline reimbursement from the universal
35 service fund through the administrator designated by the Federal
36 Communications Commission. An eligible telecommunications carrier:
37 (1) is not considered an agency of the federal government for
38 purposes of the exemption set forth in subsection (b); and
39 (2) with respect to prepaid wireless telecommunications service
40 provided to end users by the eligible telecommunications carrier
41 in its capacity as an eligible telecommunications carrier, is liable
42 for the charge imposed under subsection (d).
ES 232—LS 6984/DI 116 15
1 (d) Beginning September 1, 2015, and on the first day of each
2 month thereafter, an eligible telecommunications carrier described in
3 subsection (c) shall pay to the board a charge equal to the product of
4 the following factors:
5 (1) The enhanced 911 service prepaid wireless charge established
6 under subsection (a).
7 (2) The number of unique end users for which the eligible
8 telecommunications carrier received reimbursement from the
9 universal service fund during the immediately preceding month.
10 The eligible telecommunications carrier may bill and collect from each
11 end user the charges calculated under this subsection with respect to
12 the end user. The eligible telecommunications carrier shall determine
13 the manner in which the eligible telecommunications carrier bills and
14 collects the charges. Except as provided in section 15 of this chapter,
15 an eligible telecommunications carrier may not bill and collect from an
16 end user an amount greater than the charges paid by the eligible
17 telecommunications carrier to the board with respect to the end user.
18 (e) If the board increases the enhanced 911 service prepaid wireless
19 charge under subsection (a), the board shall provide written notice to
20 the department of state revenue not later than sixty (60) days before the
21 date the increase takes effect that includes:
22 (1) the effective date for the increase; and
23 (2) the amount of the charge as increased by the board.
24 SECTION 8. IC 36-8-16.6-12, AS ADDED BY P.L.113-2010,
25 SECTION 151, IS AMENDED TO READ AS FOLLOWS
26 [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A seller shall collect the
27 enhanced 911 service prepaid wireless charge from the consumer with
28 respect to each retail transaction.
29 (b) The seller shall disclose to the consumer the amount of the
30 enhanced 911 service prepaid wireless charge. The seller may
31 separately state the amount of the enhanced 911 service prepaid
32 wireless charge on an invoice, a receipt, or a similar document that the
33 seller provides to the consumer in connection with the retail
34 transaction.
35 (c) Subject to section 15 of this chapter, a seller shall remit
36 enhanced 911 service prepaid wireless charges to the department at the
37 time and in the manner prescribed by the department.
38 SECTION 9. IC 36-8-16.6-13, AS AMENDED BY P.L.36-2016,
39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 13. The enhanced 911 service prepaid wireless
41 charge is the liability of the consumer and not of the seller or a
42 provider. However, except as provided in section 15 of this chapter, a
ES 232—LS 6984/DI 116 16
1 seller is liable to remit to the department all enhanced 911 service
2 prepaid wireless charges that the seller collects from consumers under
3 section 12 of this chapter, including all charges that the seller is
4 considered to collect where the amount of the charge has not been
5 separately stated on an invoice, receipt, or other similar document
6 provided to the consumer by the seller.
7 SECTION 10. IC 36-8-16.6-14, AS ADDED BY P.L.113-2010,
8 SECTION 151, IS AMENDED TO READ AS FOLLOWS
9 [EFFECTIVE JULY 1, 2024]: Sec. 14. The amount of the enhanced
10 911 service prepaid wireless charge that is collected by a seller from
11 a consumer, whether or not separately stated on an invoice, receipt, or
12 other similar document provided to the consumer by the seller, may not
13 be included in the base for determining a tax, fee, surcharge, or other
14 charge that is imposed by the state, a political subdivision, or any other
15 governmental agency.
16 SECTION 11. IC 36-8-16.6-16, AS AMENDED BY P.L.181-2015,
17 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
18 JULY 1, 2024]: Sec. 16. (a) A seller is subject to the same audit and
19 appeal procedures with respect to the collection and remittance of
20 enhanced 911 service prepaid wireless charges as with collection and
21 remittance of the state gross retail tax under IC 6-2.5.
22 (b) An audit under subsection (a) must be conducted either:
23 (1) jointly by the department of state revenue and the board; or
24 (2) by an independent auditor engaged by the board to conduct a
25 cost effective flat rate audit.
26 (c) If an independent auditor is engaged by the board under
27 subsection (b)(2), the terms of the engagement may not:
28 (1) be of an indefinite term;
29 (2) include hourly or per diem fees; or
30 (3) include payment based on contingency.
31 SECTION 12. IC 36-8-16.6-17, AS AMENDED BY P.L.157-2015,
32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2024]: Sec. 17. (a) The department, in conjunction and
34 coordination with the board, shall establish procedures:
35 (1) governing the collection and remittance of enhanced 911
36 service prepaid wireless charges in accordance with the
37 procedures established under IC 6-8.1 concerning listed taxes;
38 and
39 (2) allowing a seller to document that a sale of prepaid wireless
40 telecommunications service is not a retail transaction.
41 (b) A procedure established under subsection (a)(1):
42 (1) must take into consideration the differences between large and
ES 232—LS 6984/DI 116 17
1 small sellers, including smaller sales volumes; and
2 (2) may establish lower thresholds for the remittance of enhanced
3 911 service prepaid wireless charges by small sellers.
4 For purposes of this subsection, a small seller is a seller that sells less
5 than one hundred dollars ($100) of prepaid wireless
6 telecommunications service each month.
7 (c) On an annual basis, the board may audit providers to determine
8 compliance with procedures established under subsection (a). Not later
9 than March 1 of the year immediately following an audit, the board
10 shall submit, in an electronic format under IC 5-14-6, a copy of the
11 audit to the general assembly and the budget committee.
12 SECTION 13. IC 36-8-16.6-18, AS AMENDED BY P.L.132-2012,
13 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
14 JULY 1, 2024]: Sec. 18. (a) The department shall deposit all remitted
15 enhanced 911 service prepaid wireless charges in the fund.
16 (b) The board shall administer money deposited in the fund under
17 this section in the same manner as it administers statewide 911 fees
18 assessed under IC 36-8-16.7-32.
19 SECTION 14. IC 36-8-16.6-20, AS AMENDED BY P.L.132-2012,
20 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
21 JULY 1, 2024]: Sec. 20. (a) An additional fee relating to the provision
22 of 911 service with respect to prepaid wireless telecommunications
23 service may not be levied by a state agency or local unit of government.
24 (b) The enhanced 911 service prepaid wireless charge imposed by
25 section 12 of this chapter is not considered an additional charge
26 relating to the provision of 911 service for purposes of
27 IC 36-8-16.7-32(d).
28 SECTION 15. IC 36-8-16.6-21, AS ADDED BY P.L.113-2010,
29 SECTION 151, IS AMENDED TO READ AS FOLLOWS
30 [EFFECTIVE JULY 1, 2024]: Sec. 21. The following are not required
31 to take legal action to enforce the collection of an enhanced a 911
32 service prepaid wireless charge that is imposed on a consumer:
33 (1) A provider.
34 (2) A seller.
35 However, the department or the board may initiate a collection action.
36 A court finding for the department or the board, as applicable, in an
37 action may award reasonable costs and attorney's fees associated with
38 the collection action.
39 SECTION 16. IC 36-8-16.7-2, AS ADDED BY P.L.132-2012,
40 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2024]: Sec. 2. As used in this chapter, "automatic location
42 information" means information that is transmitted while enhanced 911
ES 232—LS 6984/DI 116 18
1 service is provided and that permits emergency service providers to
2 identify the geographic location of the calling party initiating the
3 communication.
4 SECTION 17. IC 36-8-16.7-7, AS ADDED BY P.L.132-2012,
5 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2024]: Sec. 7. (a) As used in this chapter, "communications
7 service" means any service that:
8 (1) uses telephone numbers or IP addresses or their functional
9 equivalents or successors;
10 (2) allows access to, or a connection or interface with, a 911
11 system through the activation or enabling of a device,
12 transmission medium, or technology that is used by a customer to
13 dial, initialize, or otherwise activate the 911 system, regardless of
14 the particular device, transmission medium, or technology
15 employed;
16 (3) provides or enables real time or interactive communications,
17 other than machine to machine communications; and
18 (4) is available to a prepaid user or a standard user.
19 (b) The term includes the following:
20 (1) Internet protocol enabled services and applications that are
21 provided through wireline, cable, wireless, or satellite facilities,
22 or any other facility or platform that is capable of establishing or
23 connecting a 911 communication from the public to be relayed
24 to a PSAP.
25 (2) A multiline telephone system.
26 (3) CMRS.
27 (4) Interconnected VOIP service and voice over power lines.
28 (5) Integrated telecommunications service (as defined in 47 CFR
29 400.2).
30 SECTION 18. IC 36-8-16.7-9, AS ADDED BY P.L.132-2012,
31 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32 JULY 1, 2024]: Sec. 9. (a) As used in this chapter, "enhanced "911
33 service" means a communications service that uses the three (3) digit
34 number 911 to send:
35 (1) automatic number identification or its functional equivalent or
36 successor; and
37 (2) automatic location information or its functional equivalent or
38 successor;
39 for reporting police, fire, medical, or other emergency situations.
40 (b) The term includes both Phase I and Phase II enhanced 911
41 services, as described in 47 CFR 20.18.
42 SECTION 19. IC 36-8-16.7-20, AS ADDED BY P.L.132-2012,
ES 232—LS 6984/DI 116 19
1 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2024]: Sec. 20. As used in this chapter, "PSAP" refers to a
3 public safety answering point:
4 (1) that operates on a twenty-four (24) hour basis; and
5 (2) whose primary function is to receive incoming requests for
6 emergency assistance and relay those requests to an appropriate
7 responding public safety agency.
8 The term includes an emergency communications center (ECC)
9 which shall not be construed to create an additional PSAP.
10 SECTION 20. IC 36-8-16.7-27, AS AMENDED BY THE
11 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
12 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
13 JULY 1, 2024]: Sec. 27. (a) The board may do the following to
14 implement this chapter:
15 (1) Sue and be sued.
16 (2) Adopt and alter an official seal.
17 (3) Adopt and enforce bylaws and rules for:
18 (A) the conduct of board business; and
19 (B) the use of board services and facilities.
20 (4) Subject to subsection (c), acquire, hold, use, and otherwise
21 dispose of the board's income, revenues, funds, and money.
22 (5) Subject to subsections (b) and (c), enter into contracts,
23 including contracts:
24 (A) for professional services;
25 (B) for purchase of supplies or services; and
26 (C) to acquire office space.
27 (6) Subject to subsection (c), hire staff.
28 (7) Adopt rules under IC 4-22-2 to implement this chapter.
29 (8) Develop, maintain, and update a statewide 911 plan.
30 (9) Subject to subsection (c), administer the statewide 911 fund
31 established by section 29 of this chapter.
32 (10) Administer and distribute the statewide 911 fee in
33 accordance with section 37 of this chapter.
34 (11) Subject to subsection (c), administer statewide 911 grants in
35 accordance with state and federal guidelines.
36 (12) Obtain from each PSAP operating statistics and other
37 performance measurements, including call statistics by category
38 and emergency medical dispatching (EMD) certifications.
39 (13) Take action as needed to ensure that the statewide 911
40 system and PSAPs served by the statewide 911 system
41 establish and maintain an adequate security posture to ensure
42 public safety and the protection of personal information.
ES 232—LS 6984/DI 116 20
1 (13) (14) Take other necessary or convenient actions to
2 implement this chapter that are not inconsistent with Indiana law.
3 (b) A contract for the purchase of communications service or
4 equipment by the board must be awarded through an invitation for bids
5 or a request for proposals as described in IC 5-22. The board shall enter
6 into a cooperative agreement with the Indiana department of
7 administration for the department to administer the board's purchases
8 under this chapter using the department's purchasing agents.
9 (c) The board shall be considered a state agency for purposes of
10 IC 5-14-3.5. Subject to IC 5-14-3.5-4, the following shall be posted to
11 the Indiana transparency Internet web site website in accordance with
12 IC 5-14-3.5-2:
13 (1) Expenditures by the board, including expenditures for
14 contracts, grants, and leases.
15 (2) The balance of the statewide 911 fund established by section
16 29 of this chapter.
17 (3) A listing of the board's real and personal property that has a
18 value of more than twenty thousand dollars ($20,000).
19 The board shall cooperate with and provide information to the auditor
20 of state comptroller as required by IC 5-14-3.5-8.
21 (d) Information relating to security measures or precautions
22 used to secure the statewide 911 system may be excepted from
23 public disclosure under IC 5-14-3-4 at the discretion of the board.
24 SECTION 21. IC 36-8-16.7-29, AS ADDED BY P.L.132-2012,
25 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
26 JULY 1, 2024]: Sec. 29. (a) The statewide 911 fund is established for
27 the purposes of creating and maintaining a uniform statewide 911
28 system. The board shall administer the fund. The expenses of
29 administering the fund must be paid from money in the fund.
30 (b) The fund consists of the following:
31 (1) The statewide 911 fee assessed on users under section 32 of
32 this chapter.
33 (2) Appropriations made by the general assembly.
34 (3) Grants and gifts intended for deposit in the fund.
35 (4) Interest, premiums, gains, or other earnings on the fund.
36 (5) Enhanced 911 service prepaid wireless charges collected and
37 remitted under IC 36-8-16.6-12.
38 (6) Money from any other source that is deposited in or
39 transferred to the fund.
40 (c) The treasurer of state may invest money in the fund in the same
41 manner as other funds of the state may be invested under IC 5-13.
42 (d) The fund is considered a trust fund for purposes of IC 4-9.1-1-7.
ES 232—LS 6984/DI 116 21
1 Money in the fund:
2 (1) does not revert at the end of any state fiscal year but remains
3 available for the purposes of the fund in subsequent state fiscal
4 years, notwithstanding IC 4-13-2-19 or any other law; and
5 (2) is not subject to transfer to any other fund or to transfer,
6 assignment, or reassignment for any other use or purpose by:
7 (A) the state board of finance notwithstanding IC 4-9.1-1-7,
8 IC 4-13-2-23, or any other law; or
9 (B) the budget agency or any other state agency
10 notwithstanding IC 4-12-1-12 or any other law.
11 (e) Money in the fund is continuously appropriated for the purposes
12 of the fund.
13 SECTION 22. IC 36-8-16.7-32, AS AMENDED BY P.L.131-2023,
14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2024]: Sec. 32. (a) Except as provided in subsections (b) and
16 (d), and subject to section 48(e) of this chapter, the board shall assess
17 a monthly statewide 911 fee on each standard user that is a customer
18 having a place of primary use in Indiana at a rate that ensures full
19 recovery of the amount needed for the board to make distributions to
20 county treasurers consistent with this chapter and that provides for the
21 proper development, operation, and maintenance of a statewide 911
22 system. The amount of the fee assessed under this subsection is one
23 dollar ($1). The board may adjust the statewide 911 fee to ensure
24 adequate revenue for the board to fulfill the board's duties and
25 obligations under this chapter, subject to the following:
26 (1) The following apply to an increase in the fee:
27 (A) The board may increase the fee only one (1) time after
28 April 30, 2023, and before July 1, 2026, in an amount not to
29 exceed ten cents ($0.10).
30 (B) The board may increase the fee only after review by the
31 budget committee.
32 (2) The fee may not be lowered more than one (1) time in a
33 calendar year.
34 (3) The fee may not be lowered by an amount that is more than
35 ten cents ($0.10) without legislative approval.
36 (b) The fee assessed under this section does not apply to a prepaid
37 user in a retail transaction under IC 36-8-16.6.
38 (c) An additional fee relating to the provision of 911 service may
39 not be levied by a state agency or local unit of government. An
40 enhanced A 911 service prepaid wireless charge (as defined in
41 IC 36-8-16.6-4) IC 36-8-16.6-0.5) is not considered an additional fee
42 relating to the provision of wireless 911 service for purposes of this
ES 232—LS 6984/DI 116 22
1 section.
2 (d) A user is exempt from the fee if the user is any of the following:
3 (1) The federal government or an agency of the federal
4 government.
5 (2) The state or an agency or instrumentality of the state.
6 (3) A political subdivision (as defined in IC 36-1-2-13) or an
7 agency of a political subdivision.
8 (4) A user that accesses communications service solely through
9 a wireless data only service plan.
10 (e) This subsection applies to an eligible telecommunications carrier
11 for purposes of receiving Lifeline reimbursement from the universal
12 service fund through the administrator designated by the Federal
13 Communications Commission. An eligible telecommunications carrier:
14 (1) is not considered an agency of the federal government for
15 purposes of the exemption set forth in subsection (d); and
16 (2) with respect to communications service provided to end users
17 by the eligible telecommunications carrier in its capacity as an
18 eligible telecommunications carrier, is liable for the fee assessed
19 under subsection (f).
20 (f) Beginning September 1, 2015, and on the first day of each month
21 thereafter, an eligible telecommunications carrier described in
22 subsection (e) shall pay to the board a fee equal to the product of the
23 following factors:
24 (1) The monthly statewide 911 fee established under subsection
25 (a).
26 (2) The number of unique end users for which the eligible
27 telecommunications carrier received reimbursement from the
28 universal service fund during the immediately preceding month.
29 The eligible telecommunications carrier may bill and collect from each
30 end user the fees calculated under this subsection with respect to the
31 end user. The eligible telecommunications carrier shall determine the
32 manner in which the eligible telecommunications carrier bills and
33 collects the fees. Except as provided in section 33(c) 33(d) of this
34 chapter, an eligible telecommunications carrier may not bill and collect
35 from an end user an amount greater than the fees paid by the eligible
36 telecommunications carrier to the board with respect to the end user.
37 (g) If the board increases or decreases the statewide 911 fee under
38 subsection (a), the board shall provide written notice to the department
39 of state revenue not later than sixty (60) days before the date the
40 increase or decrease takes effect that includes:
41 (1) the effective date for the increase or decrease; and
42 (2) the amount of the charge as increased or decreased by the
ES 232—LS 6984/DI 116 23
1 board.
2 SECTION 23. IC 36-8-16.7-33, AS AMENDED BY P.L.36-2016,
3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4 JULY 1, 2024]: Sec. 33. (a) As part of the provider's normal monthly
5 billing process, a provider:
6 (1) shall collect the fee from each standard user that is a customer
7 having a place of primary use in Indiana; and
8 (2) may list the fee as a separate line item on each bill.
9 (b) If a provider receives a partial payment for a monthly bill from
10 a standard user, the provider shall apply the payment against the
11 amount the standard user owes to the provider before applying the
12 payment against the fee. A provider may not prorate the monthly 911
13 fee collected from a user.
14 (b) (c) Subject to subsection (c), (d), a provider shall remit statewide
15 911 fees collected under this section to the board at the time and in the
16 manner prescribed by the board. However, the board shall require a
17 provider to report to the board, no less frequently than on an annual
18 basis, the amount of fees collected from all of the provider's customers
19 described in subsection (a)(1) and remitted to the board under this
20 section. The board may require a provider to submit a report required
21 under this subsection at the same time that the provider remits fees to
22 the board under this section. The board shall deposit all remitted
23 statewide 911 fees in the fund.
24 (c) (d) A provider, including an eligible telecommunications carrier
25 under section 32(f) of this chapter, may deduct and retain an amount
26 not to exceed one percent (1%) of fees that the service provider
27 collects from users under this section or section 32 of this chapter, to
28 reimburse the direct costs incurred by the service provider in collecting
29 and remitting the fees.
30 (e) All originating providers that provide 911 service for their
31 customers shall connect to the statewide 911 system using an
32 industry standard or functional equivalent, as determined by the
33 board. The originating provider must establish and maintain the
34 connection in accordance with all applicable regulatory
35 requirements requiring service continuity and ensure access to
36 public safety assistance.
37 SECTION 24. IC 36-8-16.7-34, AS AMENDED BY P.L.36-2016,
38 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
39 JULY 1, 2024]: Sec. 34. The statewide 911 fee is the liability of the
40 user and not of a provider. However, except as provided in section
41 33(c) 33(d) of this chapter, a provider is liable to remit to the board all
42 statewide 911 fees that the provider collects from users.
ES 232—LS 6984/DI 116 24
1 SECTION 25. IC 36-8-16.7-38, AS AMENDED BY P.L.13-2022,
2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2024]: Sec. 38. (a) A PSAP may use a distribution from a
4 county under this chapter only for the following:
5 (1) The lease, purchase, or maintenance of communications
6 service equipment.
7 (2) Necessary system hardware and software and data base
8 equipment.
9 (3) Personnel expenses, including wages, benefits, training, and
10 continuing education, only to the extent reasonable and necessary
11 for the provision and maintenance of:
12 (A) the statewide 911 system; or
13 (B) a wireline enhanced emergency telephone system funded
14 under IC 36-8-16 (before its repeal on July 1, 2012).
15 (4) Operational costs, including costs associated with:
16 (A) utilities;
17 (B) maintenance;
18 (C) equipment designed to provide backup power or system
19 redundancy, including generators; and
20 (D) call logging equipment.
21 (5) An emergency notification system that is approved by the
22 board under section 40 of this chapter.
23 (6) Connectivity to the Indiana data and communications system
24 (IDACS).
25 (7) Rates associated with communications service providers'
26 enhanced 911 service emergency communications system
27 network services.
28 (8) Mobile radio equipment used by first responders. other than
29 radio equipment purchased under subdivision (9) as a result of the
30 narrow banding requirements specified by the Federal
31 Communications Commission.
32 (9) Up to fifty percent (50%) of the costs associated with the
33 narrow banding or replacement of radios or other equipment as a
34 result of the narrow banding requirements specified by the
35 Federal Communications Commission.
36 (b) A PSAP may not use a distribution from a county under this
37 chapter for the following:
38 (1) The construction, purchase, renovation, or furnishing of PSAP
39 buildings.
40 (2) Vehicles.
41 (c) Not later than January 31 of each year, each PSAP shall submit
42 to the board a report of the following:
ES 232—LS 6984/DI 116 25
1 (1) All expenditures made during the immediately preceding
2 calendar year from distributions under this chapter.
3 (2) Call data and statistics for the immediately preceding calendar
4 year, as specified by the board and collected in accordance with
5 any reporting method established or required by the board.
6 (3) All costs associated with dispatching appropriate public safety
7 agencies to respond to 911 calls received by the PSAP.
8 (4) All funding sources and amounts of funding used for costs
9 described in subdivision (3).
10 (5) Public safety telecommunicator continuing education
11 requirements established under IC 36-8-16.8-8(a)(2).
12 (d) The state board of accounts shall audit the expenditures of
13 distributions under this chapter by each PSAP that receives
14 distributions under this chapter. In conducting an audit under this
15 subsection, the state board of accounts shall determine, in conjunction
16 with the board, whether the expenditures made by each PSAP are in
17 compliance with subsections (a) and (b). The board shall review and
18 further audit any ineligible expenditure identified by the state board of
19 accounts under this subsection or through any other report. If the board
20 verifies that the expenditure did not comply with this section, the board
21 shall ensure that the fund is reimbursed in the dollar amount of the
22 noncomplying expenditure from any source of funding, other than a
23 fund described in subsection (e), that is available to the PSAP or to a
24 unit in which the PSAP is located.
25 (e) A distribution under section 37(a)(2) of this chapter must be
26 deposited by the treasurer of the county in a separate fund set aside for
27 the purposes allowed by subsections (a) and (b). The fund must be
28 known as the ________ (insert name of county) 911 fund. The county
29 treasurer may invest money in the fund in the same manner that other
30 money of the county may be invested, but income earned from the
31 investment must be deposited in the fund set aside under this
32 subsection.
33 (f) Not later than November 1 of each year, the board shall provide
34 in an electronic format under IC 5-14-6 to the general assembly the
35 information submitted under subsection (c)(3) and (c)(4).
36 SECTION 26. IC 36-8-16.7-39, AS ADDED BY P.L.132-2012,
37 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
38 JULY 1, 2024]: Sec. 39. (a) In cooperation with the board, a provider
39 shall designate a person to coordinate with and provide all relevant
40 information to the board to assist the board in carrying out its duties
41 under this chapter.
42 (b) A provider shall provide the automatic number identification, or
ES 232—LS 6984/DI 116 26
1 a functional equivalent or successor, and any other information,
2 including updates, required by the board to the county, the
3 municipality, an authorized agent of a county or municipality, or the
4 board or the board's authorized agent for purposes of establishing and
5 maintaining a 911 system data base or online network repository of
6 the data. The board may use confidential information received under
7 this subsection solely for the purpose of providing statewide 911
8 service.
9 SECTION 27. IC 36-8-16.7-40, AS ADDED BY P.L.132-2012,
10 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2024]: Sec. 40. (a) As used in this section, "emergency
12 notification system" means an enhanced a method associated with a
13 911 system capability that provides communications service users
14 within the territory served by a PSAP with a warning, delivered through
15 a device or medium by which users receive communications service
16 from a provider, of an emergency situation through a computerized
17 warning system that uses 911 data base information and technology.
18 (b) With approval of the board, a county may establish an
19 emergency notification system. If the board approves the establishment
20 of an emergency notification system in a county, a PSAP in the county
21 may use funds distributed to it under this chapter to establish and
22 operate an emergency notification system under this section.
23 (c) A provider shall provide to a PSAP the necessary user data to
24 enable the PSAP to implement an emergency notification system under
25 this section. The provision of data under this subsection is subject to
26 section 41 of this chapter. In providing data under this subsection, the
27 provider shall provide the following information for each service user
28 in the PSAP's service territory:
29 (1) The service address of the user.
30 (2) The class of service provided to the user.
31 (3) A designation of listed, unlisted, or nonpublished with respect
32 to any telephone number (or other functionally equivalent
33 identification number) associated with the user's service or
34 account.
35 The provider shall provide this data to the PSAP on a quarterly basis.
36 The provider may charge a reasonable fee to the PSAP for the
37 administrative costs of providing the data.
38 SECTION 28. IC 36-8-16.7-41, AS ADDED BY P.L.132-2012,
39 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40 JULY 1, 2024]: Sec. 41. (a) A provider shall, upon request, provide to
41 a PSAP the necessary user data to enable the PSAP to implement and
42 operate a 911 system. User data provided to a PSAP for the purpose of
ES 232—LS 6984/DI 116 27
1 implementing or updating a 911 system may be used only to identify:
2 (1) a user;
3 (2) a user's place of primary use; or
4 (3) the information described in both subdivisions (1) and (2);
5 and may not be used or disclosed by the PSAP, or its agents or
6 employees, for any other purpose unless the data is used or disclosed
7 under a court order. A person who recklessly, knowingly, or
8 intentionally violates this subsection commits a Class A misdemeanor.
9 (b) After May 31, 1988, a contract entered into between a provider
10 and a user who has an unlisted or nonpublished telephone number (or
11 other functionally equivalent identification number) may not include
12 a provision that prohibits the provider from providing the user's
13 telephone number (or other functionally equivalent identification
14 number) to a PSAP for inclusion in a 911 system data base. A provider
15 (other than a provider who, before June 1, 1988, has contracted to not
16 divulge a subscriber's unlisted or nonpublished telephone number (or
17 other functionally equivalent identification number)) shall provide a
18 requesting PSAP with the name, telephone number (or other
19 functionally equivalent identification number), and place of primary
20 use for each user of the provider. A PSAP may not release a telephone
21 number (or other functionally equivalent identification number)
22 required to be provided under this subsection to any person except as
23 provided in subsection (a).
24 (c) A provider may amend or terminate a contract with a user if:
25 (1) the contract contains a provision that prohibits the provider
26 from providing the user's telephone number (or other functionally
27 equivalent identification number) to a PSAP for inclusion in a 911
28 system data base or online network source;
29 (2) the exclusion of the telephone number (or other functionally
30 equivalent identification number) from the data base would
31 negate the purpose of this chapter; and
32 (3) the user is notified of the proposed amendment or termination
33 of a contract at least one hundred eighty (180) days before the
34 provider takes action.
ES 232—LS 6984/DI 116 28
COMMITTEE REPORT
Madam President: The Senate Committee on Homeland Security
and Transportation, to which was referred Senate Bill No. 232, has had
the same under consideration and begs leave to report the same back
to the Senate with the recommendation that said bill be AMENDED as
follows:
Page 18, line 34, delete "(a)".
Page 18, line 40, delete "(b)".
Page 18, line 40, block left beginning with "The".
Page 18, line 41, delete "." and insert "which shall not be
construed to create an additional PSAP.".
and when so amended that said bill do pass.
(Reference is to SB 232 as introduced.)
CRIDER, Chairperson
Committee Vote: Yeas 8, Nays 0.
_____
COMMITTEE REPORT
Mr. Speaker: Your Committee on Courts and Criminal Code, to
which was referred Senate Bill 232, has had the same under
consideration and begs leave to report the same back to the House with
the recommendation that said bill be amended as follows:
Page 12, delete lines 24 through 42, begin a new paragraph and
insert:
"SECTION 4. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product"
has the meaning set forth in IC 35-45-8-1.
(b) As used in this section, "misconduct" means a violation of a
departmental rule or procedure of a law enforcement agency.
(c) A person who reports that:
(1) the person or another person has placed or intends to place an
explosive, a destructive device, or other destructive substance in
a building or transportation facility;
(2) there has been or there will be tampering with a consumer
product introduced into commerce; or
(3) there has been or will be placed or introduced a weapon of
ES 232—LS 6984/DI 116 29
mass destruction in a building or a place of assembly;
knowing the report to be false, commits false reporting, a Level 6
felony.
(d) A person who:
(1) gives:
(A) a false report of the commission of a crime; or
(B) false information to a law enforcement officer that relates
to the commission of a crime;
knowing the report or information to be false;
(2) gives a false alarm of fire to the fire department of a
governmental entity, knowing the alarm to be false;
(3) makes a false request for ambulance service to an ambulance
service provider, knowing the request to be false;
(4) gives a false report concerning a missing child (as defined in
IC 10-13-5-4) or missing endangered adult (as defined in
IC 12-7-2-131.3) or gives false information to a law enforcement
officer or a governmental entity that relates to a missing child or
missing endangered adult knowing the report or information to be
false;
(5) makes a complaint against a law enforcement officer to the
state or municipality (as defined in IC 8-1-13-3(b)) that employs
the officer:
(A) alleging the officer engaged in misconduct while
performing the officer's duties; and
(B) knowing the complaint to be false;
(6) makes a false report of a missing person, knowing the report
or information is false;
(7) gives a false report of actions, behavior, or conditions
concerning:
(A) a septic tank soil absorption system under IC 8-1-2-125 or
IC 13-26-5-2.5; or
(B) a septic tank soil absorption system or constructed wetland
septic system under IC 36-9-23-30.1;
knowing the report or information to be false; or
(8) makes a false report that a person is dangerous (as defined in
IC 35-47-14-1) knowing the report or information to be false;
commits false informing, a Class B misdemeanor except as provided
in subsection (e).
(e) However, The offense described in subsection (d) is:
(1) a Class A misdemeanor if it:
(A) substantially hinders any law enforcement process; or if it
(B) results in harm to another person; or
ES 232—LS 6984/DI 116 30
(C) is committed under subsection (d)(8);
(2) a Level 6 felony if it:
(A) is committed under subsection (d)(8); and
(B) either:
(i) substantially hinders any law enforcement process; or
(ii) results in harm to another person; and
(3) a Level 5 felony if it is committed under subsection (d)(8)
and results in serious bodily injury or death to another
person.".
Page 13, delete lines 1 through 35.
Page 23, line 21, delete "state" and insert "statewide".
Page 27, delete lines 24 through 42.
Delete page 28.
Renumber all SECTIONS consecutively.
and when so amended that said bill do pass.
(Reference is to SB 232 as printed January 24, 2024.)
MCNAMARA
Committee Vote: yeas 11, nays 0.
ES 232—LS 6984/DI 116