Indiana 2024 2024 Regular Session

Indiana Senate Bill SB0232 Introduced / Fiscal Note

Filed 01/29/2024

                    LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6984	NOTE PREPARED: Jan 29, 2024
BILL NUMBER: SB 232	BILL AMENDED: Jan 23, 2024 
SUBJECT: Statewide 911 System.
FIRST AUTHOR: Sen. Walker K	BILL STATUS: As Passed Senate
FIRST SPONSOR: Rep. Barrett
FUNDS AFFECTED:XGENERAL	IMPACT: State & Local
XDEDICATED
FEDERAL
Summary of Legislation:  References - This bill removes references to "Enhanced 911 Service". It changes
references from the "Enhanced Prepaid Wireless Charge" to the "911 Service Prepaid Wireless Charge". It
makes changes to or repeals certain definitions relating to the State 911 System.
False Informing - The bill changes the offense, from a Class B misdemeanor to a Class A misdemeanor, for
false informing. It provides that the offense for false informing is a Level 6 felony if it substantially hinders
any law enforcement process or if it results in harm to another person or a Level 5 felony if it results in
serious bodily injury or death to another person. (Current law provides that the offense for false informing
is a Class A misdemeanor if it substantially hinders any law enforcement process or if it results in harm to
another person.) 
Public Disclosure Exception - The bill 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. 
Service Providers - The bill 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. 
Budget Committee Review - The bill requires the Budget Committee to review the Statewide 911 System for
the calendar years ending: (1) December 31, 2026; and (2) December 31, 2030. It provides that if the Budget
Committee does not recommend that the Statewide 911 Fee assessed should continue to be assessed and
SB 232	1 collected after June 30, 2031, the Statewide 911 Fee assessed expires July 1, 2031.
The bill provides that an emergency communications center included in the definition of PSAP may not be
construed to create an additional PSAP. 
The bill makes a technical correction. It also makes conforming amendments.
Effective Date:  July 1, 2024.
Explanation of State Expenditures: Statewide 911 Board: The bill may increase workload and expenditures
to the Statewide 911 Board to the extent the Statewide 911 Board needs to take action to ensure the statewide
911 system and public safety answering points (PSAPs) establish and maintain an adequate security posture
for public safety and protection of personal information. The bill’s requirements are within the agency’s
routine administrative functions and should be able to be implemented with no additional appropriations,
assuming near customary agency staffing and resource levels. 
Budget Committee: The Budget Committee will need to review the Statewide 911 System for the two
calendar years ending December 31, 2026, and December 31, 2030. It will need to submit a report of its
findings to the Legislative Council by June 1, 2031. The bill’s requirements should be able to be
implemented with no additional appropriations, assuming near customary agency staffing and resource levels.
Penalty Provision: State expenditures could increase if an offender is incarcerated in a state prison rather
than in a local jail. However, any expenditure increase is likely to be small. A Level 6 felony is punishable
by a prison term ranging between 6 to 30 months, with an advisory sentence of 1 year. A Level 5 felony is
punishable by a prison term ranging from 1 to 6 years, with an advisory sentence of 3 years. The period of
incarceration will depend upon mitigating and aggravating circumstances. If offenders can be housed in
existing facilities with no additional staff, the marginal cost per offender for medical care, food, and clothing
is approximately $4,456 annually, or $12.21 daily. 
Explanation of State Revenues: Statewide 911 Fee: If the Budget Committee does not recommend the
continued assessment of the Statewide 911 Fee in its report, the fee would not be able to be collected after
June 30, 2031. Revenue to the Statewide 911 System would see a significant decrease starting after June 30,
2031.
Penalty Provision: This bill changes the penalty for false informing from a Class B misdemeanor to a Class
A misdemeanor. If the false informing leads to substantially hinder any law enforcement process or results
in harm of another person, it is a Level 6 Felony instead of a Class A misdemeanor. It adds a Level 5 Felony
if false informing leads to serious bodily injury or death. Revenue to the Common School Fund may increase
if a person is sentenced for a Class A misdemeanor rather than for a Class B misdemeanor. The maximum
fine for a Class B misdemeanor is $1,000, while the maximum fine for a Class A misdemeanor is $5,000 and
$10,000 for all felony levels. However, any additional revenue is likely to be small. Court fees would remain
unchanged. 
Explanation of Local Expenditures: Penalty Provision: The maximum term of imprisonment for a Class
B misdemeanor is up to 180 days, while the maximum term for a Class A misdemeanor is up to one year.
However, any additional costs to local governments are likely to be small. 
Explanation of Local Revenues: Penalty Provision: Court fees would remain unchanged.  
SB 232	2 State Agencies Affected: Statewide 911 Board, Department of Correction. 
Local Agencies Affected: Trial courts; local law enforcement agencies. 
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual. 
Statewide 911 Board, Network Report September 2023-Quarter 3,  
https://www.in911.net/uploads/1/2/4/9/124957688/11-indigital_report_23-346_23_q3_in911_board_repo
rt_v1.1.pdf.
Fiscal Analyst: Nate Bodnar, 317-234-9476.
SB 232	3