IN
Indiana Senate Bill SB0232

Indiana 2024 Regular Session

Indiana Senate Bill SB0232 Compare Versions

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1+*ES0232.1*
2+February 26, 2024
3+ENGROSSED
4+SENATE BILL No. 232
5+_____
6+DIGEST OF SB 232 (Updated February 26, 2024 11:11 am - DI 106)
7+Citations Affected: IC 5-14; IC 8-1; IC 35-44.1; IC 36-8.
8+Synopsis: Statewide 911 system. Removes references to "enhanced
9+911 service". Increases the penalty for false informing if the false report
10+is that a person is dangerous and certain other circumstances exist.
11+Changes references from the "enhanced prepaid wireless charge" to the
12+"911 service prepaid wireless charge". Provides that information
13+relating to security measures or precautions used to secure the
14+statewide 911 system may be excepted from public disclosure at the
15+discretion of the statewide 911 board. Makes changes to or repeals
16+certain definitions relating to the state 911 system. Provides that all
17+originating service providers that provide 911 service for their
18+customers: (1) shall connect to the state 911 system using an industry
19+standard or functional equivalent; and (2) must establish and maintain
20+the connection in accordance with all applicable regulatory
21+requirements requiring service continuity and ensure access to public
22+safety assistance.Provides that an emergency communications center
23+included in the definition of PSAP may not be construed to create an
24+additional PSAP. Makes a technical correction. Makes conforming
25+amendments.
26+Effective: July 1, 2024.
27+Walker K, Crider, Freeman
28+(HOUSE SPONSORS — BARRETT, BARTELS)
29+January 8, 2024, read first time and referred to Committee on Homeland Security and
30+Transportation.
31+January 23, 2024, amended, reported favorably — Do Pass.
32+January 25, 2024, read second time, ordered engrossed.
33+January 26, 2024, engrossed.
34+January 29, 2024, read third time, passed. Yeas 49, nays 0.
35+HOUSE ACTION
36+February 6, 2024, read first time and referred to Committee on Courts and Criminal Code.
37+February 26, 2024, amended, reported — Do Pass.
38+ES 232—LS 6984/DI 116 February 26, 2024
139 Second Regular Session of the 123rd General Assembly (2024)
240 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
341 Constitution) is being amended, the text of the existing provision will appear in this style type,
442 additions will appear in this style type, and deletions will appear in this style type.
543 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
644 provision adopted), the text of the new provision will appear in this style type. Also, the
745 word NEW will appear in that style type in the introductory clause of each SECTION that adds
846 a new provision to the Indiana Code or the Indiana Constitution.
947 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1048 between statutes enacted by the 2023 Regular Session of the General Assembly.
11-SENATE ENROLLED ACT No. 232
12-AN ACT to amend the Indiana Code concerning public safety.
49+ENGROSSED
50+SENATE BILL No. 232
51+A BILL FOR AN ACT to amend the Indiana Code concerning
52+public safety.
1353 Be it enacted by the General Assembly of the State of Indiana:
14-SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
15-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16-JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
17-from section 3 of this chapter and may not be disclosed by a public
18-agency, unless access to the records is specifically required by a state
19-or federal statute or is ordered by a court under the rules of discovery:
20-(1) Those declared confidential by state statute.
21-(2) Those declared confidential by rule adopted by a public
22-agency under specific authority to classify public records as
23-confidential granted to the public agency by statute.
24-(3) Those required to be kept confidential by federal law.
25-(4) Records containing trade secrets.
26-(5) Confidential financial information obtained, upon request,
27-from a person. However, this does not include information that is
28-filed with or received by a public agency pursuant to state statute.
29-(6) Information concerning research, including actual research
30-documents, conducted under the auspices of a state educational
31-institution, including information:
32-(A) concerning any negotiations made with respect to the
33-research; and
34-SEA 232 — Concur 2
35-(B) received from another party involved in the research.
36-(7) Grade transcripts and license examination scores obtained as
37-part of a licensure process.
38-(8) Those declared confidential by or under rules adopted by the
39-supreme court of Indiana.
40-(9) Patient medical records and charts created by a provider,
41-unless the patient gives written consent under IC 16-39 or as
42-provided under IC 16-41-8.
43-(10) Application information declared confidential by the Indiana
44-economic development corporation under IC 5-28.
45-(11) A photograph, a video recording, or an audio recording of an
46-autopsy, except as provided in IC 36-2-14-10.
47-(12) A Social Security number contained in the records of a
48-public agency.
49-(13) The following information that is part of a foreclosure action
50-subject to IC 32-30-10.5:
51-(A) Contact information for a debtor, as described in
52-IC 32-30-10.5-8(d)(1)(B).
53-(B) Any document submitted to the court as part of the debtor's
54-loss mitigation package under IC 32-30-10.5-10(a)(3).
55-(14) The following information obtained from a call made to a
56-fraud hotline established under IC 36-1-8-8.5:
57-(A) The identity of any individual who makes a call to the
58-fraud hotline.
59-(B) A report, transcript, audio recording, or other information
60-concerning a call to the fraud hotline.
61-However, records described in this subdivision may be disclosed
62-to a law enforcement agency, a private university police
63-department, the attorney general, the inspector general, the state
64-examiner, or a prosecuting attorney.
65-(15) Information described in section 5(c)(3)(B) of this chapter
66-that is contained in a daily log or record described in section 5(c)
67-of this chapter for a victim of a crime or delinquent act who is less
68-than eighteen (18) years of age, unless and to the extent that:
69-(A) a parent, guardian, or custodian of the victim consents in
70-writing to public disclosure of the records; and
71-(B) that parent, guardian, or custodian of the victim has not
72-been charged with or convicted of committing a crime against
73-the victim.
74-However, records described in this subdivision may be disclosed
75-to the department of child services.
76-(b) Except as otherwise provided by subsection (a), the following
77-SEA 232 — Concur 3
78-public records shall be excepted from section 3 of this chapter at the
79-discretion of a public agency:
80-(1) Investigatory records of law enforcement agencies or private
81-university police departments. For purposes of this chapter, a law
82-enforcement recording is not an investigatory record. However,
83-information described in subsection (a)(15) contained in a law
84-enforcement recording is exempt from disclosure, unless and to
85-the extent that a parent, guardian, or custodian of the victim
86-consents in writing to public disclosure of the records. However,
87-a parent, guardian, or custodian charged with or convicted of a
88-crime against the victim may not consent to public disclosure of
89-the records. Law enforcement agencies or private university
90-police departments may share investigatory records with a:
91-(A) person who advocates on behalf of a crime victim,
92-including a victim advocate (as defined in IC 35-37-6-3.5) or
93-a victim service provider (as defined in IC 35-37-6-5), for the
94-purposes of providing services to a victim or describing
95-services that may be available to a victim; and
96-(B) school corporation (as defined by IC 20-18-2-16(a)),
97-charter school (as defined by IC 20-24-1-4), or nonpublic
98-school (as defined by IC 20-18-2-12) for the purpose of
99-enhancing the safety or security of a student or a school
100-facility;
101-without the law enforcement agency or private university police
102-department losing its discretion to keep those records confidential
103-from other records requesters. However, certain law enforcement
104-records must be made available for inspection and copying as
105-provided in section 5 of this chapter.
106-(2) The work product of an attorney representing, pursuant to
107-state employment or an appointment by a public agency:
108-(A) a public agency;
109-(B) the state; or
110-(C) an individual.
111-(3) Test questions, scoring keys, and other examination data used
112-in administering a licensing examination, examination for
113-employment, or academic examination before the examination is
114-given or if it is to be given again.
115-(4) Scores of tests if the person is identified by name and has not
116-consented to the release of the person's scores.
117-(5) The following:
118-(A) Records relating to negotiations between:
119-(i) the Indiana economic development corporation;
120-SEA 232 — Concur 4
121-(ii) the ports of Indiana;
122-(iii) the Indiana state department of agriculture;
123-(iv) the Indiana finance authority;
124-(v) an economic development commission;
125-(vi) the Indiana White River state park development
126-commission;
127-(vii) a local economic development organization that is a
128-nonprofit corporation established under state law whose
129-primary purpose is the promotion of industrial or business
130-development in Indiana, the retention or expansion of
131-Indiana businesses, or the development of entrepreneurial
132-activities in Indiana; or
133-(viii) a governing body of a political subdivision;
134-with industrial, research, or commercial prospects, if the
135-records are created while negotiations are in progress.
136-However, this clause does not apply to records regarding
137-research that is prohibited under IC 16-34.5-1-2 or any other
138-law.
139-(B) Notwithstanding clause (A), the terms of the final offer of
140-public financial resources communicated by the Indiana
141-economic development corporation, the ports of Indiana, the
142-Indiana finance authority, an economic development
143-commission, the Indiana White River state park development
144-commission, or a governing body of a political subdivision to
145-an industrial, a research, or a commercial prospect shall be
146-available for inspection and copying under section 3 of this
147-chapter after negotiations with that prospect have terminated.
148-(C) When disclosing a final offer under clause (B), the Indiana
149-economic development corporation shall certify that the
150-information being disclosed accurately and completely
151-represents the terms of the final offer.
152-(D) Notwithstanding clause (A), an incentive agreement with
153-an incentive recipient shall be available for inspection and
154-copying under section 3 of this chapter after the date the
155-incentive recipient and the Indiana economic development
156-corporation execute the incentive agreement regardless of
157-whether negotiations are in progress with the recipient after
158-that date regarding a modification or extension of the incentive
159-agreement.
160-(6) Records that are intra-agency or interagency advisory or
161-deliberative material, including material developed by a private
162-contractor under a contract with a public agency, that are
163-SEA 232 — Concur 5
164-expressions of opinion or are of a speculative nature, and that are
165-communicated for the purpose of decision making.
166-(7) Diaries, journals, or other personal notes serving as the
167-functional equivalent of a diary or journal.
168-(8) Personnel files of public employees and files of applicants for
169-public employment, except for:
170-(A) the name, compensation, job title, business address,
171-business telephone number, job description, education and
172-training background, previous work experience, or dates of
173-first and last employment of present or former officers or
174-employees of the agency;
175-(B) information relating to the status of any formal charges
176-against the employee; and
177-(C) the factual basis for a disciplinary action in which final
178-action has been taken and that resulted in the employee being
179-suspended, demoted, or discharged.
180-However, all personnel file information shall be made available
181-to the affected employee or the employee's representative. This
182-subdivision does not apply to disclosure of personnel information
183-generally on all employees or for groups of employees without the
184-request being particularized by employee name.
185-(9) Minutes or records of hospital medical staff meetings.
186-(10) Administrative or technical information that would
187-jeopardize a record keeping system, voting system, voter
188-registration system, or security system.
189-(11) Computer programs, computer codes, computer filing
190-systems, and other software that are owned by the public agency
191-or entrusted to it and portions of electronic maps entrusted to a
192-public agency by a utility.
193-(12) Records specifically prepared for discussion or developed
194-during discussion in an executive session under IC 5-14-1.5-6.1.
195-However, this subdivision does not apply to that information
196-required to be available for inspection and copying under
197-subdivision (8).
198-(13) The work product of the legislative services agency under
199-personnel rules approved by the legislative council.
200-(14) The work product of individual members and the partisan
201-staffs of the general assembly.
202-(15) The identity of a donor of a gift made to a public agency if:
203-(A) the donor requires nondisclosure of the donor's identity as
204-a condition of making the gift; or
205-(B) after the gift is made, the donor or a member of the donor's
206-SEA 232 — Concur 6
207-family requests nondisclosure.
208-(16) Library or archival records:
209-(A) which can be used to identify any library patron; or
210-(B) deposited with or acquired by a library upon a condition
211-that the records be disclosed only:
212-(i) to qualified researchers;
213-(ii) after the passing of a period of years that is specified in
214-the documents under which the deposit or acquisition is
215-made; or
216-(iii) after the death of persons specified at the time of the
217-acquisition or deposit.
218-However, nothing in this subdivision shall limit or affect contracts
219-entered into by the Indiana state library pursuant to IC 4-1-6-8.
220-(17) The identity of any person who contacts the bureau of motor
221-vehicles concerning the ability of a driver to operate a motor
222-vehicle safely and the medical records and evaluations made by
223-the bureau of motor vehicles staff or members of the driver
224-licensing medical advisory board regarding the ability of a driver
225-to operate a motor vehicle safely. However, upon written request
226-to the commissioner of the bureau of motor vehicles, the driver
227-must be given copies of the driver's medical records and
228-evaluations.
229-(18) School safety and security measures, plans, and systems,
230-including emergency preparedness plans developed under 511
231-IAC 6.1-2-2.5.
232-(19) A record or a part of a record, the public disclosure of which
233-would have a reasonable likelihood of threatening public safety
234-by exposing a vulnerability to terrorist attack. A record described
235-under this subdivision includes the following:
236-(A) A record assembled, prepared, or maintained to prevent,
237-mitigate, or respond to an act of terrorism under IC 35-47-12-1
238-(before its repeal), an act of agricultural terrorism under
239-IC 35-47-12-2 (before its repeal), or a felony terrorist offense
240-(as defined in IC 35-50-2-18).
241-(B) Vulnerability assessments.
242-(C) Risk planning documents.
243-(D) Needs assessments.
244-(E) Threat assessments.
245-(F) Intelligence assessments.
246-(G) Domestic preparedness strategies.
247-(H) The location of community drinking water wells and
248-surface water intakes.
249-SEA 232 — Concur 7
250-(I) The emergency contact information of emergency
251-responders and volunteers.
252-(J) Infrastructure records that disclose the configuration of
253-critical systems such as voting system and voter registration
254-system critical infrastructure, and communication, electrical,
255-ventilation, water, and wastewater systems.
256-(K) Detailed drawings or specifications of structural elements,
257-floor plans, and operating, utility, or security systems, whether
258-in paper or electronic form, of any building or facility located
259-on an airport (as defined in IC 8-21-1-1) that is owned,
260-occupied, leased, or maintained by a public agency, or any part
261-of a law enforcement recording that captures information
262-about airport security procedures, areas, or systems. A record
263-described in this clause may not be released for public
264-inspection by any public agency without the prior approval of
265-the public agency that owns, occupies, leases, or maintains the
266-airport. Both of the following apply to the public agency that
267-owns, occupies, leases, or maintains the airport:
268-(i) The public agency is responsible for determining whether
269-the public disclosure of a record or a part of a record,
270-including a law enforcement recording, has a reasonable
271-likelihood of threatening public safety by exposing a
272-security procedure, area, system, or vulnerability to terrorist
273-attack.
274-(ii) The public agency must identify a record described
275-under item (i) and clearly mark the record as "confidential
276-and not subject to public disclosure under
277-IC 5-14-3-4(b)(19)(J) without approval of (insert name of
278-submitting public agency)". However, in the case of a law
279-enforcement recording, the public agency must clearly mark
280-the record as "confidential and not subject to public
281-disclosure under IC 5-14-3-4(b)(19)(K) without approval of
282-(insert name of the public agency that owns, occupies,
283-leases, or maintains the airport)".
284-(L) The home address, home telephone number, and
285-emergency contact information for any:
286-(i) emergency management worker (as defined in
287-IC 10-14-3-3);
288-(ii) public safety officer (as defined in IC 35-47-4.5-3);
289-(iii) emergency medical responder (as defined in
290-IC 16-18-2-109.8); or
291-(iv) advanced emergency medical technician (as defined in
292-SEA 232 — Concur 8
293-IC 16-18-2-6.5).
294-(M) Information relating to security measures or
295-precautions used to secure the statewide 911 system under
296-IC 36-8-16.7.
297-This subdivision does not apply to a record or portion of a record
298-pertaining to a location or structure owned or protected by a
299-public agency in the event that an act of terrorism under
300-IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
301-under IC 35-47-12-2 (before its repeal), or a felony terrorist
302-offense (as defined in IC 35-50-2-18) has occurred at that location
303-or structure, unless release of the record or portion of the record
304-would have a reasonable likelihood of threatening public safety
305-by exposing a vulnerability of other locations or structures to
306-terrorist attack.
307-(20) The following personal information concerning a customer
308-of a municipally owned utility (as defined in IC 8-1-2-1):
309-(A) Telephone number.
310-(B) Address.
311-(C) Social Security number.
312-(21) The following personal information about a complainant
313-contained in records of a law enforcement agency:
314-(A) Telephone number.
315-(B) The complainant's address. However, if the complainant's
316-address is the location of the suspected crime, infraction,
317-accident, or complaint reported, the address shall be made
318-available for public inspection and copying.
319-(22) Notwithstanding subdivision (8)(A), the name,
320-compensation, job title, business address, business telephone
321-number, job description, education and training background,
322-previous work experience, or dates of first employment of a law
323-enforcement officer who is operating in an undercover capacity.
324-(23) Records requested by an offender, an agent, or a relative of
325-an offender that:
326-(A) contain personal information relating to:
327-(i) a correctional officer (as defined in IC 5-10-10-1.5);
328-(ii) a probation officer;
329-(iii) a community corrections officer;
330-(iv) a law enforcement officer (as defined in
331-IC 35-31.5-2-185);
332-(v) a judge (as defined in IC 33-38-12-3);
333-(vi) the victim of a crime; or
334-(vii) a family member of a correctional officer, probation
335-SEA 232 — Concur 9
336-officer, community corrections officer, law enforcement
337-officer (as defined in IC 35-31.5-2-185), judge (as defined
338-in IC 33-38-12-3), or victim of a crime; or
339-(B) concern or could affect the security of a jail or correctional
340-facility.
341-For purposes of this subdivision, "agent" means a person who is
342-authorized by an offender to act on behalf of, or at the direction
343-of, the offender, and "relative" has the meaning set forth in
344-IC 35-42-2-1(b). However, the term "agent" does not include an
345-attorney in good standing admitted to the practice of law in
346-Indiana.
347-(24) Information concerning an individual less than eighteen (18)
348-years of age who participates in a conference, meeting, program,
349-or activity conducted or supervised by a state educational
350-institution, including the following information regarding the
351-individual or the individual's parent or guardian:
352-(A) Name.
353-(B) Address.
354-(C) Telephone number.
355-(D) Electronic mail account address.
356-(25) Criminal intelligence information.
357-(26) The following information contained in a report of unclaimed
358-property under IC 32-34-1.5-18 or in a claim for unclaimed
359-property under IC 32-34-1.5-48:
360-(A) Date of birth.
361-(B) Driver's license number.
362-(C) Taxpayer identification number.
363-(D) Employer identification number.
364-(E) Account number.
365-(27) Except as provided in subdivision (19) and sections 5.1 and
366-5.2 of this chapter, a law enforcement recording. However, before
367-disclosing the recording, the public agency must comply with the
368-obscuring requirements of sections 5.1 and 5.2 of this chapter, if
369-applicable.
370-(28) Records relating to negotiations between a state educational
371-institution and another entity concerning the establishment of a
372-collaborative relationship or venture to advance the research,
373-engagement, or educational mission of the state educational
374-institution, if the records are created while negotiations are in
375-progress. The terms of the final offer of public financial resources
376-communicated by the state educational institution to an industrial,
377-a research, or a commercial prospect shall be available for
378-SEA 232 — Concur 10
379-inspection and copying under section 3 of this chapter after
380-negotiations with that prospect have terminated. However, this
381-subdivision does not apply to records regarding research
382-prohibited under IC 16-34.5-1-2 or any other law.
383-(c) Nothing contained in subsection (b) shall limit or affect the right
384-of a person to inspect and copy a public record required or directed to
385-be made by any statute or by any rule of a public agency.
386-(d) Notwithstanding any other law, a public record that is classified
387-as confidential, other than a record concerning an adoption or patient
388-medical records, shall be made available for inspection and copying
389-seventy-five (75) years after the creation of that record.
390-(e) Only the content of a public record may form the basis for the
391-adoption by any public agency of a rule or procedure creating an
392-exception from disclosure under this section.
393-(f) Except as provided by law, a public agency may not adopt a rule
394-or procedure that creates an exception from disclosure under this
395-section based upon whether a public record is stored or accessed using
396-paper, electronic media, magnetic media, optical media, or other
397-information storage technology.
398-(g) Except as provided by law, a public agency may not adopt a rule
399-or procedure nor impose any costs or liabilities that impede or restrict
400-the reproduction or dissemination of any public record.
401-(h) Notwithstanding subsection (d) and section 7 of this chapter:
402-(1) public records subject to IC 5-15 may be destroyed only in
403-accordance with record retention schedules under IC 5-15; or
404-(2) public records not subject to IC 5-15 may be destroyed in the
405-ordinary course of business.
406-SECTION 2. IC 8-1-2.6-0.1, AS ADDED BY P.L.27-2006,
407-SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
408-JULY 1, 2024]: Sec. 0.1. (a) As used in this chapter, "basic
409-telecommunications service" means stand alone telephone exchange
410-service (as defined in 47 U.S.C. 153(47)) that:
411-(1) is provided to a residential customer through the customer's
412-primary line; and
413-(2) is:
414-(A) the sole service purchased by the customer;
415-(B) not part of a package of services, a promotion, or a
416-contract; or
417-(C) not otherwise offered at a discounted price.
418-(b) The term includes, at a minimum, the following:
419-(1) Voice grade access to the public switched telephone network
420-with minimum bandwidth of three hundred (300) to three
421-SEA 232 — Concur 11
422-thousand (3,000) hertz.
423-(2) Dual tone multifrequency signaling and single party service.
424-(3) Access to:
425-(A) emergency services, including access to 911 and enhanced
426-911 if provided by the local government having jurisdiction in
427-the service area;
428-(B) operator services;
429-(C) local directory assistance;
430-(D) telephone relay services; and
431-(E) interexchange service.
432-(4) Toll limitation services for qualifying low income customers.
433-(c) The term does not include a functionally equivalent service
434-provided by a person or an entity described in IC 8-1-2-1.1.
435-SECTION 3. IC 8-1-32.7-5, AS ADDED BY P.L.79-2012,
436-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
437-JULY 1, 2024]: Sec. 5. (a) Except as provided in subsections (b) and
438-(c) and in IC 21-28-5, after March 31, 2012, I-Light may not be used
439-to offer or provide, directly or indirectly, communications service to the
440-public or to any private or governmental entity.
441-(b) This section does not prohibit the use of I-Light for any of the
442-following:
443-(1) The provision of communications service to the extent used
444-solely for 911 service enhanced 911 service, or any other
445-emergency or law enforcement purpose.
446-(2) The provision of communications service to a state
447-educational institution or a private postsecondary educational
448-institution in furtherance of education or research for the direct
449-benefit of students, faculty, or staff. The provision of
450-communications service under this subdivision may include the
451-provision of communications service to a person that is not a state
452-educational institution or a private postsecondary educational
453-institution if:
454-(A) the person has a research and development relationship
455-with a state educational institution or a private postsecondary
456-educational institution; and
457-(B) the communications service required by and provided to
458-the person:
459-(i) is a one (1) gigabit per second or greater network
460-connection;
461-(ii) is used in furtherance of the research and development
462-relationship only;
463-(iii) is provided only for a specific research and
464-SEA 232 — Concur 12
465-development project;
466-(iv) is provided only for the limited duration of the specific
467-research and development project; and
468-(v) is not provided in competition with private sector
469-communications service providers' provision of
470-communications service.
471-(3) The provision of communications service to member licensees
472-of Indiana Public Broadcasting Stations, Inc., for the direct benefit
473-of public broadcasting.
474-(c) Notwithstanding subsection (a), the state remains subject to any
475-contractual rights, duties, and obligations incurred by the state and
476-owed to any private person under a contract for the provision of
477-communications service that was entered into by the state before April
478-1, 2012, and that remains in effect after March 31, 2012. All liens,
479-security interests, royalties, and other contracts, rights, and interests
480-owed to a private person under the contract continue in full force and
481-effect and must be paid or performed by the state in the manner
482-specified in the contract, subject to the right of the state and all other
483-contracting parties to renegotiate the terms of the contract at any time
484-before the expiration of the contract.
485-SECTION 4. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
54+1 SECTION 1. IC 5-14-3-4, AS AMENDED BY P.L.86-2022,
55+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
56+3 JULY 1, 2024]: Sec. 4. (a) The following public records are excepted
57+4 from section 3 of this chapter and may not be disclosed by a public
58+5 agency, unless access to the records is specifically required by a state
59+6 or federal statute or is ordered by a court under the rules of discovery:
60+7 (1) Those declared confidential by state statute.
61+8 (2) Those declared confidential by rule adopted by a public
62+9 agency under specific authority to classify public records as
63+10 confidential granted to the public agency by statute.
64+11 (3) Those required to be kept confidential by federal law.
65+12 (4) Records containing trade secrets.
66+13 (5) Confidential financial information obtained, upon request,
67+14 from a person. However, this does not include information that is
68+15 filed with or received by a public agency pursuant to state statute.
69+16 (6) Information concerning research, including actual research
70+17 documents, conducted under the auspices of a state educational
71+ES 232—LS 6984/DI 116 2
72+1 institution, including information:
73+2 (A) concerning any negotiations made with respect to the
74+3 research; and
75+4 (B) received from another party involved in the research.
76+5 (7) Grade transcripts and license examination scores obtained as
77+6 part of a licensure process.
78+7 (8) Those declared confidential by or under rules adopted by the
79+8 supreme court of Indiana.
80+9 (9) Patient medical records and charts created by a provider,
81+10 unless the patient gives written consent under IC 16-39 or as
82+11 provided under IC 16-41-8.
83+12 (10) Application information declared confidential by the Indiana
84+13 economic development corporation under IC 5-28.
85+14 (11) A photograph, a video recording, or an audio recording of an
86+15 autopsy, except as provided in IC 36-2-14-10.
87+16 (12) A Social Security number contained in the records of a
88+17 public agency.
89+18 (13) The following information that is part of a foreclosure action
90+19 subject to IC 32-30-10.5:
91+20 (A) Contact information for a debtor, as described in
92+21 IC 32-30-10.5-8(d)(1)(B).
93+22 (B) Any document submitted to the court as part of the debtor's
94+23 loss mitigation package under IC 32-30-10.5-10(a)(3).
95+24 (14) The following information obtained from a call made to a
96+25 fraud hotline established under IC 36-1-8-8.5:
97+26 (A) The identity of any individual who makes a call to the
98+27 fraud hotline.
99+28 (B) A report, transcript, audio recording, or other information
100+29 concerning a call to the fraud hotline.
101+30 However, records described in this subdivision may be disclosed
102+31 to a law enforcement agency, a private university police
103+32 department, the attorney general, the inspector general, the state
104+33 examiner, or a prosecuting attorney.
105+34 (15) Information described in section 5(c)(3)(B) of this chapter
106+35 that is contained in a daily log or record described in section 5(c)
107+36 of this chapter for a victim of a crime or delinquent act who is less
108+37 than eighteen (18) years of age, unless and to the extent that:
109+38 (A) a parent, guardian, or custodian of the victim consents in
110+39 writing to public disclosure of the records; and
111+40 (B) that parent, guardian, or custodian of the victim has not
112+41 been charged with or convicted of committing a crime against
113+42 the victim.
114+ES 232—LS 6984/DI 116 3
115+1 However, records described in this subdivision may be disclosed
116+2 to the department of child services.
117+3 (b) Except as otherwise provided by subsection (a), the following
118+4 public records shall be excepted from section 3 of this chapter at the
119+5 discretion of a public agency:
120+6 (1) Investigatory records of law enforcement agencies or private
121+7 university police departments. For purposes of this chapter, a law
122+8 enforcement recording is not an investigatory record. However,
123+9 information described in subsection (a)(15) contained in a law
124+10 enforcement recording is exempt from disclosure, unless and to
125+11 the extent that a parent, guardian, or custodian of the victim
126+12 consents in writing to public disclosure of the records. However,
127+13 a parent, guardian, or custodian charged with or convicted of a
128+14 crime against the victim may not consent to public disclosure of
129+15 the records. Law enforcement agencies or private university
130+16 police departments may share investigatory records with a:
131+17 (A) person who advocates on behalf of a crime victim,
132+18 including a victim advocate (as defined in IC 35-37-6-3.5) or
133+19 a victim service provider (as defined in IC 35-37-6-5), for the
134+20 purposes of providing services to a victim or describing
135+21 services that may be available to a victim; and
136+22 (B) school corporation (as defined by IC 20-18-2-16(a)),
137+23 charter school (as defined by IC 20-24-1-4), or nonpublic
138+24 school (as defined by IC 20-18-2-12) for the purpose of
139+25 enhancing the safety or security of a student or a school
140+26 facility;
141+27 without the law enforcement agency or private university police
142+28 department losing its discretion to keep those records confidential
143+29 from other records requesters. However, certain law enforcement
144+30 records must be made available for inspection and copying as
145+31 provided in section 5 of this chapter.
146+32 (2) The work product of an attorney representing, pursuant to
147+33 state employment or an appointment by a public agency:
148+34 (A) a public agency;
149+35 (B) the state; or
150+36 (C) an individual.
151+37 (3) Test questions, scoring keys, and other examination data used
152+38 in administering a licensing examination, examination for
153+39 employment, or academic examination before the examination is
154+40 given or if it is to be given again.
155+41 (4) Scores of tests if the person is identified by name and has not
156+42 consented to the release of the person's scores.
157+ES 232—LS 6984/DI 116 4
158+1 (5) The following:
159+2 (A) Records relating to negotiations between:
160+3 (i) the Indiana economic development corporation;
161+4 (ii) the ports of Indiana;
162+5 (iii) the Indiana state department of agriculture;
163+6 (iv) the Indiana finance authority;
164+7 (v) an economic development commission;
165+8 (vi) the Indiana White River state park development
166+9 commission;
167+10 (vii) a local economic development organization that is a
168+11 nonprofit corporation established under state law whose
169+12 primary purpose is the promotion of industrial or business
170+13 development in Indiana, the retention or expansion of
171+14 Indiana businesses, or the development of entrepreneurial
172+15 activities in Indiana; or
173+16 (viii) a governing body of a political subdivision;
174+17 with industrial, research, or commercial prospects, if the
175+18 records are created while negotiations are in progress.
176+19 However, this clause does not apply to records regarding
177+20 research that is prohibited under IC 16-34.5-1-2 or any other
178+21 law.
179+22 (B) Notwithstanding clause (A), the terms of the final offer of
180+23 public financial resources communicated by the Indiana
181+24 economic development corporation, the ports of Indiana, the
182+25 Indiana finance authority, an economic development
183+26 commission, the Indiana White River state park development
184+27 commission, or a governing body of a political subdivision to
185+28 an industrial, a research, or a commercial prospect shall be
186+29 available for inspection and copying under section 3 of this
187+30 chapter after negotiations with that prospect have terminated.
188+31 (C) When disclosing a final offer under clause (B), the Indiana
189+32 economic development corporation shall certify that the
190+33 information being disclosed accurately and completely
191+34 represents the terms of the final offer.
192+35 (D) Notwithstanding clause (A), an incentive agreement with
193+36 an incentive recipient shall be available for inspection and
194+37 copying under section 3 of this chapter after the date the
195+38 incentive recipient and the Indiana economic development
196+39 corporation execute the incentive agreement regardless of
197+40 whether negotiations are in progress with the recipient after
198+41 that date regarding a modification or extension of the incentive
199+42 agreement.
200+ES 232—LS 6984/DI 116 5
201+1 (6) Records that are intra-agency or interagency advisory or
202+2 deliberative material, including material developed by a private
203+3 contractor under a contract with a public agency, that are
204+4 expressions of opinion or are of a speculative nature, and that are
205+5 communicated for the purpose of decision making.
206+6 (7) Diaries, journals, or other personal notes serving as the
207+7 functional equivalent of a diary or journal.
208+8 (8) Personnel files of public employees and files of applicants for
209+9 public employment, except for:
210+10 (A) the name, compensation, job title, business address,
211+11 business telephone number, job description, education and
212+12 training background, previous work experience, or dates of
213+13 first and last employment of present or former officers or
214+14 employees of the agency;
215+15 (B) information relating to the status of any formal charges
216+16 against the employee; and
217+17 (C) the factual basis for a disciplinary action in which final
218+18 action has been taken and that resulted in the employee being
219+19 suspended, demoted, or discharged.
220+20 However, all personnel file information shall be made available
221+21 to the affected employee or the employee's representative. This
222+22 subdivision does not apply to disclosure of personnel information
223+23 generally on all employees or for groups of employees without the
224+24 request being particularized by employee name.
225+25 (9) Minutes or records of hospital medical staff meetings.
226+26 (10) Administrative or technical information that would
227+27 jeopardize a record keeping system, voting system, voter
228+28 registration system, or security system.
229+29 (11) Computer programs, computer codes, computer filing
230+30 systems, and other software that are owned by the public agency
231+31 or entrusted to it and portions of electronic maps entrusted to a
232+32 public agency by a utility.
233+33 (12) Records specifically prepared for discussion or developed
234+34 during discussion in an executive session under IC 5-14-1.5-6.1.
235+35 However, this subdivision does not apply to that information
236+36 required to be available for inspection and copying under
237+37 subdivision (8).
238+38 (13) The work product of the legislative services agency under
239+39 personnel rules approved by the legislative council.
240+40 (14) The work product of individual members and the partisan
241+41 staffs of the general assembly.
242+42 (15) The identity of a donor of a gift made to a public agency if:
243+ES 232—LS 6984/DI 116 6
244+1 (A) the donor requires nondisclosure of the donor's identity as
245+2 a condition of making the gift; or
246+3 (B) after the gift is made, the donor or a member of the donor's
247+4 family requests nondisclosure.
248+5 (16) Library or archival records:
249+6 (A) which can be used to identify any library patron; or
250+7 (B) deposited with or acquired by a library upon a condition
251+8 that the records be disclosed only:
252+9 (i) to qualified researchers;
253+10 (ii) after the passing of a period of years that is specified in
254+11 the documents under which the deposit or acquisition is
255+12 made; or
256+13 (iii) after the death of persons specified at the time of the
257+14 acquisition or deposit.
258+15 However, nothing in this subdivision shall limit or affect contracts
259+16 entered into by the Indiana state library pursuant to IC 4-1-6-8.
260+17 (17) The identity of any person who contacts the bureau of motor
261+18 vehicles concerning the ability of a driver to operate a motor
262+19 vehicle safely and the medical records and evaluations made by
263+20 the bureau of motor vehicles staff or members of the driver
264+21 licensing medical advisory board regarding the ability of a driver
265+22 to operate a motor vehicle safely. However, upon written request
266+23 to the commissioner of the bureau of motor vehicles, the driver
267+24 must be given copies of the driver's medical records and
268+25 evaluations.
269+26 (18) School safety and security measures, plans, and systems,
270+27 including emergency preparedness plans developed under 511
271+28 IAC 6.1-2-2.5.
272+29 (19) A record or a part of a record, the public disclosure of which
273+30 would have a reasonable likelihood of threatening public safety
274+31 by exposing a vulnerability to terrorist attack. A record described
275+32 under this subdivision includes the following:
276+33 (A) A record assembled, prepared, or maintained to prevent,
277+34 mitigate, or respond to an act of terrorism under IC 35-47-12-1
278+35 (before its repeal), an act of agricultural terrorism under
279+36 IC 35-47-12-2 (before its repeal), or a felony terrorist offense
280+37 (as defined in IC 35-50-2-18).
281+38 (B) Vulnerability assessments.
282+39 (C) Risk planning documents.
283+40 (D) Needs assessments.
284+41 (E) Threat assessments.
285+42 (F) Intelligence assessments.
286+ES 232—LS 6984/DI 116 7
287+1 (G) Domestic preparedness strategies.
288+2 (H) The location of community drinking water wells and
289+3 surface water intakes.
290+4 (I) The emergency contact information of emergency
291+5 responders and volunteers.
292+6 (J) Infrastructure records that disclose the configuration of
293+7 critical systems such as voting system and voter registration
294+8 system critical infrastructure, and communication, electrical,
295+9 ventilation, water, and wastewater systems.
296+10 (K) Detailed drawings or specifications of structural elements,
297+11 floor plans, and operating, utility, or security systems, whether
298+12 in paper or electronic form, of any building or facility located
299+13 on an airport (as defined in IC 8-21-1-1) that is owned,
300+14 occupied, leased, or maintained by a public agency, or any part
301+15 of a law enforcement recording that captures information
302+16 about airport security procedures, areas, or systems. A record
303+17 described in this clause may not be released for public
304+18 inspection by any public agency without the prior approval of
305+19 the public agency that owns, occupies, leases, or maintains the
306+20 airport. Both of the following apply to the public agency that
307+21 owns, occupies, leases, or maintains the airport:
308+22 (i) The public agency is responsible for determining whether
309+23 the public disclosure of a record or a part of a record,
310+24 including a law enforcement recording, has a reasonable
311+25 likelihood of threatening public safety by exposing a
312+26 security procedure, area, system, or vulnerability to terrorist
313+27 attack.
314+28 (ii) The public agency must identify a record described
315+29 under item (i) and clearly mark the record as "confidential
316+30 and not subject to public disclosure under
317+31 IC 5-14-3-4(b)(19)(J) without approval of (insert name of
318+32 submitting public agency)". However, in the case of a law
319+33 enforcement recording, the public agency must clearly mark
320+34 the record as "confidential and not subject to public
321+35 disclosure under IC 5-14-3-4(b)(19)(K) without approval of
322+36 (insert name of the public agency that owns, occupies,
323+37 leases, or maintains the airport)".
324+38 (L) The home address, home telephone number, and
325+39 emergency contact information for any:
326+40 (i) emergency management worker (as defined in
327+41 IC 10-14-3-3);
328+42 (ii) public safety officer (as defined in IC 35-47-4.5-3);
329+ES 232—LS 6984/DI 116 8
330+1 (iii) emergency medical responder (as defined in
331+2 IC 16-18-2-109.8); or
332+3 (iv) advanced emergency medical technician (as defined in
333+4 IC 16-18-2-6.5).
334+5 (M) Information relating to security measures or
335+6 precautions used to secure the statewide 911 system under
336+7 IC 36-8-16.7.
337+8 This subdivision does not apply to a record or portion of a record
338+9 pertaining to a location or structure owned or protected by a
339+10 public agency in the event that an act of terrorism under
340+11 IC 35-47-12-1 (before its repeal), an act of agricultural terrorism
341+12 under IC 35-47-12-2 (before its repeal), or a felony terrorist
342+13 offense (as defined in IC 35-50-2-18) has occurred at that location
343+14 or structure, unless release of the record or portion of the record
344+15 would have a reasonable likelihood of threatening public safety
345+16 by exposing a vulnerability of other locations or structures to
346+17 terrorist attack.
347+18 (20) The following personal information concerning a customer
348+19 of a municipally owned utility (as defined in IC 8-1-2-1):
349+20 (A) Telephone number.
350+21 (B) Address.
351+22 (C) Social Security number.
352+23 (21) The following personal information about a complainant
353+24 contained in records of a law enforcement agency:
354+25 (A) Telephone number.
355+26 (B) The complainant's address. However, if the complainant's
356+27 address is the location of the suspected crime, infraction,
357+28 accident, or complaint reported, the address shall be made
358+29 available for public inspection and copying.
359+30 (22) Notwithstanding subdivision (8)(A), the name,
360+31 compensation, job title, business address, business telephone
361+32 number, job description, education and training background,
362+33 previous work experience, or dates of first employment of a law
363+34 enforcement officer who is operating in an undercover capacity.
364+35 (23) Records requested by an offender, an agent, or a relative of
365+36 an offender that:
366+37 (A) contain personal information relating to:
367+38 (i) a correctional officer (as defined in IC 5-10-10-1.5);
368+39 (ii) a probation officer;
369+40 (iii) a community corrections officer;
370+41 (iv) a law enforcement officer (as defined in
371+42 IC 35-31.5-2-185);
372+ES 232—LS 6984/DI 116 9
373+1 (v) a judge (as defined in IC 33-38-12-3);
374+2 (vi) the victim of a crime; or
375+3 (vii) a family member of a correctional officer, probation
376+4 officer, community corrections officer, law enforcement
377+5 officer (as defined in IC 35-31.5-2-185), judge (as defined
378+6 in IC 33-38-12-3), or victim of a crime; or
379+7 (B) concern or could affect the security of a jail or correctional
380+8 facility.
381+9 For purposes of this subdivision, "agent" means a person who is
382+10 authorized by an offender to act on behalf of, or at the direction
383+11 of, the offender, and "relative" has the meaning set forth in
384+12 IC 35-42-2-1(b). However, the term "agent" does not include an
385+13 attorney in good standing admitted to the practice of law in
386+14 Indiana.
387+15 (24) Information concerning an individual less than eighteen (18)
388+16 years of age who participates in a conference, meeting, program,
389+17 or activity conducted or supervised by a state educational
390+18 institution, including the following information regarding the
391+19 individual or the individual's parent or guardian:
392+20 (A) Name.
393+21 (B) Address.
394+22 (C) Telephone number.
395+23 (D) Electronic mail account address.
396+24 (25) Criminal intelligence information.
397+25 (26) The following information contained in a report of unclaimed
398+26 property under IC 32-34-1.5-18 or in a claim for unclaimed
399+27 property under IC 32-34-1.5-48:
400+28 (A) Date of birth.
401+29 (B) Driver's license number.
402+30 (C) Taxpayer identification number.
403+31 (D) Employer identification number.
404+32 (E) Account number.
405+33 (27) Except as provided in subdivision (19) and sections 5.1 and
406+34 5.2 of this chapter, a law enforcement recording. However, before
407+35 disclosing the recording, the public agency must comply with the
408+36 obscuring requirements of sections 5.1 and 5.2 of this chapter, if
409+37 applicable.
410+38 (28) Records relating to negotiations between a state educational
411+39 institution and another entity concerning the establishment of a
412+40 collaborative relationship or venture to advance the research,
413+41 engagement, or educational mission of the state educational
414+42 institution, if the records are created while negotiations are in
415+ES 232—LS 6984/DI 116 10
416+1 progress. The terms of the final offer of public financial resources
417+2 communicated by the state educational institution to an industrial,
418+3 a research, or a commercial prospect shall be available for
419+4 inspection and copying under section 3 of this chapter after
420+5 negotiations with that prospect have terminated. However, this
421+6 subdivision does not apply to records regarding research
422+7 prohibited under IC 16-34.5-1-2 or any other law.
423+8 (c) Nothing contained in subsection (b) shall limit or affect the right
424+9 of a person to inspect and copy a public record required or directed to
425+10 be made by any statute or by any rule of a public agency.
426+11 (d) Notwithstanding any other law, a public record that is classified
427+12 as confidential, other than a record concerning an adoption or patient
428+13 medical records, shall be made available for inspection and copying
429+14 seventy-five (75) years after the creation of that record.
430+15 (e) Only the content of a public record may form the basis for the
431+16 adoption by any public agency of a rule or procedure creating an
432+17 exception from disclosure under this section.
433+18 (f) Except as provided by law, a public agency may not adopt a rule
434+19 or procedure that creates an exception from disclosure under this
435+20 section based upon whether a public record is stored or accessed using
436+21 paper, electronic media, magnetic media, optical media, or other
437+22 information storage technology.
438+23 (g) Except as provided by law, a public agency may not adopt a rule
439+24 or procedure nor impose any costs or liabilities that impede or restrict
440+25 the reproduction or dissemination of any public record.
441+26 (h) Notwithstanding subsection (d) and section 7 of this chapter:
442+27 (1) public records subject to IC 5-15 may be destroyed only in
443+28 accordance with record retention schedules under IC 5-15; or
444+29 (2) public records not subject to IC 5-15 may be destroyed in the
445+30 ordinary course of business.
446+31 SECTION 2. IC 8-1-2.6-0.1, AS ADDED BY P.L.27-2006,
447+32 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
448+33 JULY 1, 2024]: Sec. 0.1. (a) As used in this chapter, "basic
449+34 telecommunications service" means stand alone telephone exchange
450+35 service (as defined in 47 U.S.C. 153(47)) that:
451+36 (1) is provided to a residential customer through the customer's
452+37 primary line; and
453+38 (2) is:
454+39 (A) the sole service purchased by the customer;
455+40 (B) not part of a package of services, a promotion, or a
456+41 contract; or
457+42 (C) not otherwise offered at a discounted price.
458+ES 232—LS 6984/DI 116 11
459+1 (b) The term includes, at a minimum, the following:
460+2 (1) Voice grade access to the public switched telephone network
461+3 with minimum bandwidth of three hundred (300) to three
462+4 thousand (3,000) hertz.
463+5 (2) Dual tone multifrequency signaling and single party service.
464+6 (3) Access to:
465+7 (A) emergency services, including access to 911 and enhanced
466+8 911 if provided by the local government having jurisdiction in
467+9 the service area;
468+10 (B) operator services;
469+11 (C) local directory assistance;
470+12 (D) telephone relay services; and
471+13 (E) interexchange service.
472+14 (4) Toll limitation services for qualifying low income customers.
473+15 (c) The term does not include a functionally equivalent service
474+16 provided by a person or an entity described in IC 8-1-2-1.1.
475+17 SECTION 3. IC 8-1-32.7-5, AS ADDED BY P.L.79-2012,
476+18 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
477+19 JULY 1, 2024]: Sec. 5. (a) Except as provided in subsections (b) and
478+20 (c) and in IC 21-28-5, after March 31, 2012, I-Light may not be used
479+21 to offer or provide, directly or indirectly, communications service to the
480+22 public or to any private or governmental entity.
481+23 (b) This section does not prohibit the use of I-Light for any of the
482+24 following:
483+25 (1) The provision of communications service to the extent used
484+26 solely for 911 service enhanced 911 service, or any other
485+27 emergency or law enforcement purpose.
486+28 (2) The provision of communications service to a state
487+29 educational institution or a private postsecondary educational
488+30 institution in furtherance of education or research for the direct
489+31 benefit of students, faculty, or staff. The provision of
490+32 communications service under this subdivision may include the
491+33 provision of communications service to a person that is not a state
492+34 educational institution or a private postsecondary educational
493+35 institution if:
494+36 (A) the person has a research and development relationship
495+37 with a state educational institution or a private postsecondary
496+38 educational institution; and
497+39 (B) the communications service required by and provided to
498+40 the person:
499+41 (i) is a one (1) gigabit per second or greater network
500+42 connection;
501+ES 232—LS 6984/DI 116 12
502+1 (ii) is used in furtherance of the research and development
503+2 relationship only;
504+3 (iii) is provided only for a specific research and
505+4 development project;
506+5 (iv) is provided only for the limited duration of the specific
507+6 research and development project; and
508+7 (v) is not provided in competition with private sector
509+8 communications service providers' provision of
510+9 communications service.
511+10 (3) The provision of communications service to member licensees
512+11 of Indiana Public Broadcasting Stations, Inc., for the direct benefit
513+12 of public broadcasting.
514+13 (c) Notwithstanding subsection (a), the state remains subject to any
515+14 contractual rights, duties, and obligations incurred by the state and
516+15 owed to any private person under a contract for the provision of
517+16 communications service that was entered into by the state before April
518+17 1, 2012, and that remains in effect after March 31, 2012. All liens,
519+18 security interests, royalties, and other contracts, rights, and interests
520+19 owed to a private person under the contract continue in full force and
521+20 effect and must be paid or performed by the state in the manner
522+21 specified in the contract, subject to the right of the state and all other
523+22 contracting parties to renegotiate the terms of the contract at any time
524+23 before the expiration of the contract.
525+24 SECTION 4. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
526+25 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
527+26 JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product"
528+27 has the meaning set forth in IC 35-45-8-1.
529+28 (b) As used in this section, "misconduct" means a violation of a
530+29 departmental rule or procedure of a law enforcement agency.
531+30 (c) A person who reports that:
532+31 (1) the person or another person has placed or intends to place an
533+32 explosive, a destructive device, or other destructive substance in
534+33 a building or transportation facility;
535+34 (2) there has been or there will be tampering with a consumer
536+35 product introduced into commerce; or
537+36 (3) there has been or will be placed or introduced a weapon of
538+37 mass destruction in a building or a place of assembly;
539+38 knowing the report to be false, commits false reporting, a Level 6
540+39 felony.
541+40 (d) A person who:
542+41 (1) gives:
543+42 (A) a false report of the commission of a crime; or
544+ES 232—LS 6984/DI 116 13
545+1 (B) false information to a law enforcement officer that relates
546+2 to the commission of a crime;
547+3 knowing the report or information to be false;
548+4 (2) gives a false alarm of fire to the fire department of a
549+5 governmental entity, knowing the alarm to be false;
550+6 (3) makes a false request for ambulance service to an ambulance
551+7 service provider, knowing the request to be false;
552+8 (4) gives a false report concerning a missing child (as defined in
553+9 IC 10-13-5-4) or missing endangered adult (as defined in
554+10 IC 12-7-2-131.3) or gives false information to a law enforcement
555+11 officer or a governmental entity that relates to a missing child or
556+12 missing endangered adult knowing the report or information to be
557+13 false;
558+14 (5) makes a complaint against a law enforcement officer to the
559+15 state or municipality (as defined in IC 8-1-13-3(b)) that employs
560+16 the officer:
561+17 (A) alleging the officer engaged in misconduct while
562+18 performing the officer's duties; and
563+19 (B) knowing the complaint to be false;
564+20 (6) makes a false report of a missing person, knowing the report
565+21 or information is false;
566+22 (7) gives a false report of actions, behavior, or conditions
567+23 concerning:
568+24 (A) a septic tank soil absorption system under IC 8-1-2-125 or
569+25 IC 13-26-5-2.5; or
570+26 (B) a septic tank soil absorption system or constructed wetland
571+27 septic system under IC 36-9-23-30.1;
572+28 knowing the report or information to be false; or
573+29 (8) makes a false report that a person is dangerous (as defined in
574+30 IC 35-47-14-1) knowing the report or information to be false;
575+31 commits false informing, a Class B misdemeanor except as provided
576+32 in subsection (e).
577+33 (e) However, The offense described in subsection (d) is:
578+34 (1) a Class A misdemeanor if it:
579+35 (A) substantially hinders any law enforcement process; or if it
580+36 (B) results in harm to another person; or
581+37 (C) is committed under subsection (d)(8);
582+38 (2) a Level 6 felony if it:
583+39 (A) is committed under subsection (d)(8); and
584+40 (B) either:
585+41 (i) substantially hinders any law enforcement process; or
586+42 (ii) results in harm to another person; and
587+ES 232—LS 6984/DI 116 14
588+1 (3) a Level 5 felony if it is committed under subsection (d)(8)
589+2 and results in serious bodily injury or death to another
590+3 person.
591+4 SECTION 5. IC 36-8-16.6-0.5 IS ADDED TO THE INDIANA
592+5 CODE AS A NEW SECTION TO READ AS FOLLOWS
593+6 [EFFECTIVE JULY 1, 2024]: Sec. 0.5. As used in this chapter, "911
594+7 service prepaid wireless charge" means the charge that a seller is
595+8 required to collect from a consumer under section 12 of this
596+9 chapter.
597+10 SECTION 6. IC 36-8-16.6-4 IS REPEALED [EFFECTIVE JULY
598+11 1, 2024]. Sec. 4. As used in this chapter, "enhanced prepaid wireless
599+12 charge" means the charge that a seller is required to collect from a
600+13 consumer under section 12 of this chapter.
601+14 SECTION 7. IC 36-8-16.6-11, AS AMENDED BY P.L.131-2023,
602+15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
603+16 JULY 1, 2024]: Sec. 11. (a) The board shall impose an enhanced a 911
604+17 service prepaid wireless charge on each retail transaction. The charge
605+18 is not required to be paid by an eligible telecommunications carrier that
606+19 is required to pay the monthly statewide 911 fee under IC 36-8-16.7-32
607+20 for the same transaction. The amount of the charge is one dollar ($1).
608+21 The board may increase the enhanced 911 service prepaid wireless
609+22 charge to ensure adequate revenue for the board to fulfill its duties and
610+23 obligations under this chapter and IC 36-8-16.7. The following apply
611+24 to an increase in the enhanced 911 service prepaid wireless charge:
612+25 (1) The board may increase the charge only one (1) time after
613+26 April 30, 2023, and before July 1, 2026, in an amount not to
614+27 exceed ten cents ($0.10).
615+28 (2) The board may increase the charge only after review by the
616+29 budget committee.
617+30 (b) A consumer that is the federal government or an agency of the
618+31 federal government is exempt from the enhanced 911 service prepaid
619+32 wireless charge imposed under this section.
620+33 (c) This subsection applies to an eligible telecommunications carrier
621+34 for purposes of receiving Lifeline reimbursement from the universal
622+35 service fund through the administrator designated by the Federal
623+36 Communications Commission. An eligible telecommunications carrier:
624+37 (1) is not considered an agency of the federal government for
625+38 purposes of the exemption set forth in subsection (b); and
626+39 (2) with respect to prepaid wireless telecommunications service
627+40 provided to end users by the eligible telecommunications carrier
628+41 in its capacity as an eligible telecommunications carrier, is liable
629+42 for the charge imposed under subsection (d).
630+ES 232—LS 6984/DI 116 15
631+1 (d) Beginning September 1, 2015, and on the first day of each
632+2 month thereafter, an eligible telecommunications carrier described in
633+3 subsection (c) shall pay to the board a charge equal to the product of
634+4 the following factors:
635+5 (1) The enhanced 911 service prepaid wireless charge established
636+6 under subsection (a).
637+7 (2) The number of unique end users for which the eligible
638+8 telecommunications carrier received reimbursement from the
639+9 universal service fund during the immediately preceding month.
640+10 The eligible telecommunications carrier may bill and collect from each
641+11 end user the charges calculated under this subsection with respect to
642+12 the end user. The eligible telecommunications carrier shall determine
643+13 the manner in which the eligible telecommunications carrier bills and
644+14 collects the charges. Except as provided in section 15 of this chapter,
645+15 an eligible telecommunications carrier may not bill and collect from an
646+16 end user an amount greater than the charges paid by the eligible
647+17 telecommunications carrier to the board with respect to the end user.
648+18 (e) If the board increases the enhanced 911 service prepaid wireless
649+19 charge under subsection (a), the board shall provide written notice to
650+20 the department of state revenue not later than sixty (60) days before the
651+21 date the increase takes effect that includes:
652+22 (1) the effective date for the increase; and
653+23 (2) the amount of the charge as increased by the board.
654+24 SECTION 8. IC 36-8-16.6-12, AS ADDED BY P.L.113-2010,
655+25 SECTION 151, IS AMENDED TO READ AS FOLLOWS
656+26 [EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A seller shall collect the
657+27 enhanced 911 service prepaid wireless charge from the consumer with
658+28 respect to each retail transaction.
659+29 (b) The seller shall disclose to the consumer the amount of the
660+30 enhanced 911 service prepaid wireless charge. The seller may
661+31 separately state the amount of the enhanced 911 service prepaid
662+32 wireless charge on an invoice, a receipt, or a similar document that the
663+33 seller provides to the consumer in connection with the retail
664+34 transaction.
665+35 (c) Subject to section 15 of this chapter, a seller shall remit
666+36 enhanced 911 service prepaid wireless charges to the department at the
667+37 time and in the manner prescribed by the department.
668+38 SECTION 9. IC 36-8-16.6-13, AS AMENDED BY P.L.36-2016,
669+39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
670+40 JULY 1, 2024]: Sec. 13. The enhanced 911 service prepaid wireless
671+41 charge is the liability of the consumer and not of the seller or a
672+42 provider. However, except as provided in section 15 of this chapter, a
673+ES 232—LS 6984/DI 116 16
674+1 seller is liable to remit to the department all enhanced 911 service
675+2 prepaid wireless charges that the seller collects from consumers under
676+3 section 12 of this chapter, including all charges that the seller is
677+4 considered to collect where the amount of the charge has not been
678+5 separately stated on an invoice, receipt, or other similar document
679+6 provided to the consumer by the seller.
680+7 SECTION 10. IC 36-8-16.6-14, AS ADDED BY P.L.113-2010,
681+8 SECTION 151, IS AMENDED TO READ AS FOLLOWS
682+9 [EFFECTIVE JULY 1, 2024]: Sec. 14. The amount of the enhanced
683+10 911 service prepaid wireless charge that is collected by a seller from
684+11 a consumer, whether or not separately stated on an invoice, receipt, or
685+12 other similar document provided to the consumer by the seller, may not
686+13 be included in the base for determining a tax, fee, surcharge, or other
687+14 charge that is imposed by the state, a political subdivision, or any other
688+15 governmental agency.
689+16 SECTION 11. IC 36-8-16.6-16, AS AMENDED BY P.L.181-2015,
690+17 SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
691+18 JULY 1, 2024]: Sec. 16. (a) A seller is subject to the same audit and
692+19 appeal procedures with respect to the collection and remittance of
693+20 enhanced 911 service prepaid wireless charges as with collection and
694+21 remittance of the state gross retail tax under IC 6-2.5.
695+22 (b) An audit under subsection (a) must be conducted either:
696+23 (1) jointly by the department of state revenue and the board; or
697+24 (2) by an independent auditor engaged by the board to conduct a
698+25 cost effective flat rate audit.
699+26 (c) If an independent auditor is engaged by the board under
700+27 subsection (b)(2), the terms of the engagement may not:
701+28 (1) be of an indefinite term;
702+29 (2) include hourly or per diem fees; or
703+30 (3) include payment based on contingency.
704+31 SECTION 12. IC 36-8-16.6-17, AS AMENDED BY P.L.157-2015,
705+32 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
706+33 JULY 1, 2024]: Sec. 17. (a) The department, in conjunction and
707+34 coordination with the board, shall establish procedures:
708+35 (1) governing the collection and remittance of enhanced 911
709+36 service prepaid wireless charges in accordance with the
710+37 procedures established under IC 6-8.1 concerning listed taxes;
711+38 and
712+39 (2) allowing a seller to document that a sale of prepaid wireless
713+40 telecommunications service is not a retail transaction.
714+41 (b) A procedure established under subsection (a)(1):
715+42 (1) must take into consideration the differences between large and
716+ES 232—LS 6984/DI 116 17
717+1 small sellers, including smaller sales volumes; and
718+2 (2) may establish lower thresholds for the remittance of enhanced
719+3 911 service prepaid wireless charges by small sellers.
720+4 For purposes of this subsection, a small seller is a seller that sells less
721+5 than one hundred dollars ($100) of prepaid wireless
722+6 telecommunications service each month.
723+7 (c) On an annual basis, the board may audit providers to determine
724+8 compliance with procedures established under subsection (a). Not later
725+9 than March 1 of the year immediately following an audit, the board
726+10 shall submit, in an electronic format under IC 5-14-6, a copy of the
727+11 audit to the general assembly and the budget committee.
728+12 SECTION 13. IC 36-8-16.6-18, AS AMENDED BY P.L.132-2012,
729+13 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
730+14 JULY 1, 2024]: Sec. 18. (a) The department shall deposit all remitted
731+15 enhanced 911 service prepaid wireless charges in the fund.
732+16 (b) The board shall administer money deposited in the fund under
733+17 this section in the same manner as it administers statewide 911 fees
734+18 assessed under IC 36-8-16.7-32.
735+19 SECTION 14. IC 36-8-16.6-20, AS AMENDED BY P.L.132-2012,
736+20 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
737+21 JULY 1, 2024]: Sec. 20. (a) An additional fee relating to the provision
738+22 of 911 service with respect to prepaid wireless telecommunications
739+23 service may not be levied by a state agency or local unit of government.
740+24 (b) The enhanced 911 service prepaid wireless charge imposed by
741+25 section 12 of this chapter is not considered an additional charge
742+26 relating to the provision of 911 service for purposes of
743+27 IC 36-8-16.7-32(d).
744+28 SECTION 15. IC 36-8-16.6-21, AS ADDED BY P.L.113-2010,
745+29 SECTION 151, IS AMENDED TO READ AS FOLLOWS
746+30 [EFFECTIVE JULY 1, 2024]: Sec. 21. The following are not required
747+31 to take legal action to enforce the collection of an enhanced a 911
748+32 service prepaid wireless charge that is imposed on a consumer:
749+33 (1) A provider.
750+34 (2) A seller.
751+35 However, the department or the board may initiate a collection action.
752+36 A court finding for the department or the board, as applicable, in an
753+37 action may award reasonable costs and attorney's fees associated with
754+38 the collection action.
755+39 SECTION 16. IC 36-8-16.7-2, AS ADDED BY P.L.132-2012,
756+40 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
757+41 JULY 1, 2024]: Sec. 2. As used in this chapter, "automatic location
758+42 information" means information that is transmitted while enhanced 911
759+ES 232—LS 6984/DI 116 18
760+1 service is provided and that permits emergency service providers to
761+2 identify the geographic location of the calling party initiating the
762+3 communication.
763+4 SECTION 17. IC 36-8-16.7-7, AS ADDED BY P.L.132-2012,
764+5 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
765+6 JULY 1, 2024]: Sec. 7. (a) As used in this chapter, "communications
766+7 service" means any service that:
767+8 (1) uses telephone numbers or IP addresses or their functional
768+9 equivalents or successors;
769+10 (2) allows access to, or a connection or interface with, a 911
770+11 system through the activation or enabling of a device,
771+12 transmission medium, or technology that is used by a customer to
772+13 dial, initialize, or otherwise activate the 911 system, regardless of
773+14 the particular device, transmission medium, or technology
774+15 employed;
775+16 (3) provides or enables real time or interactive communications,
776+17 other than machine to machine communications; and
777+18 (4) is available to a prepaid user or a standard user.
778+19 (b) The term includes the following:
779+20 (1) Internet protocol enabled services and applications that are
780+21 provided through wireline, cable, wireless, or satellite facilities,
781+22 or any other facility or platform that is capable of establishing or
782+23 connecting a 911 communication from the public to be relayed
783+24 to a PSAP.
784+25 (2) A multiline telephone system.
785+26 (3) CMRS.
786+27 (4) Interconnected VOIP service and voice over power lines.
787+28 (5) Integrated telecommunications service (as defined in 47 CFR
788+29 400.2).
789+30 SECTION 18. IC 36-8-16.7-9, AS ADDED BY P.L.132-2012,
790+31 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
791+32 JULY 1, 2024]: Sec. 9. (a) As used in this chapter, "enhanced "911
792+33 service" means a communications service that uses the three (3) digit
793+34 number 911 to send:
794+35 (1) automatic number identification or its functional equivalent or
795+36 successor; and
796+37 (2) automatic location information or its functional equivalent or
797+38 successor;
798+39 for reporting police, fire, medical, or other emergency situations.
799+40 (b) The term includes both Phase I and Phase II enhanced 911
800+41 services, as described in 47 CFR 20.18.
801+42 SECTION 19. IC 36-8-16.7-20, AS ADDED BY P.L.132-2012,
802+ES 232—LS 6984/DI 116 19
803+1 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
804+2 JULY 1, 2024]: Sec. 20. As used in this chapter, "PSAP" refers to a
805+3 public safety answering point:
806+4 (1) that operates on a twenty-four (24) hour basis; and
807+5 (2) whose primary function is to receive incoming requests for
808+6 emergency assistance and relay those requests to an appropriate
809+7 responding public safety agency.
810+8 The term includes an emergency communications center (ECC)
811+9 which shall not be construed to create an additional PSAP.
812+10 SECTION 20. IC 36-8-16.7-27, AS AMENDED BY THE
813+11 TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
814+12 ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
815+13 JULY 1, 2024]: Sec. 27. (a) The board may do the following to
816+14 implement this chapter:
817+15 (1) Sue and be sued.
818+16 (2) Adopt and alter an official seal.
819+17 (3) Adopt and enforce bylaws and rules for:
820+18 (A) the conduct of board business; and
821+19 (B) the use of board services and facilities.
822+20 (4) Subject to subsection (c), acquire, hold, use, and otherwise
823+21 dispose of the board's income, revenues, funds, and money.
824+22 (5) Subject to subsections (b) and (c), enter into contracts,
825+23 including contracts:
826+24 (A) for professional services;
827+25 (B) for purchase of supplies or services; and
828+26 (C) to acquire office space.
829+27 (6) Subject to subsection (c), hire staff.
830+28 (7) Adopt rules under IC 4-22-2 to implement this chapter.
831+29 (8) Develop, maintain, and update a statewide 911 plan.
832+30 (9) Subject to subsection (c), administer the statewide 911 fund
833+31 established by section 29 of this chapter.
834+32 (10) Administer and distribute the statewide 911 fee in
835+33 accordance with section 37 of this chapter.
836+34 (11) Subject to subsection (c), administer statewide 911 grants in
837+35 accordance with state and federal guidelines.
838+36 (12) Obtain from each PSAP operating statistics and other
839+37 performance measurements, including call statistics by category
840+38 and emergency medical dispatching (EMD) certifications.
841+39 (13) Take action as needed to ensure that the statewide 911
842+40 system and PSAPs served by the statewide 911 system
843+41 establish and maintain an adequate security posture to ensure
844+42 public safety and the protection of personal information.
845+ES 232—LS 6984/DI 116 20
846+1 (13) (14) Take other necessary or convenient actions to
847+2 implement this chapter that are not inconsistent with Indiana law.
848+3 (b) A contract for the purchase of communications service or
849+4 equipment by the board must be awarded through an invitation for bids
850+5 or a request for proposals as described in IC 5-22. The board shall enter
851+6 into a cooperative agreement with the Indiana department of
852+7 administration for the department to administer the board's purchases
853+8 under this chapter using the department's purchasing agents.
854+9 (c) The board shall be considered a state agency for purposes of
855+10 IC 5-14-3.5. Subject to IC 5-14-3.5-4, the following shall be posted to
856+11 the Indiana transparency Internet web site website in accordance with
857+12 IC 5-14-3.5-2:
858+13 (1) Expenditures by the board, including expenditures for
859+14 contracts, grants, and leases.
860+15 (2) The balance of the statewide 911 fund established by section
861+16 29 of this chapter.
862+17 (3) A listing of the board's real and personal property that has a
863+18 value of more than twenty thousand dollars ($20,000).
864+19 The board shall cooperate with and provide information to the auditor
865+20 of state comptroller as required by IC 5-14-3.5-8.
866+21 (d) Information relating to security measures or precautions
867+22 used to secure the statewide 911 system may be excepted from
868+23 public disclosure under IC 5-14-3-4 at the discretion of the board.
869+24 SECTION 21. IC 36-8-16.7-29, AS ADDED BY P.L.132-2012,
870+25 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
871+26 JULY 1, 2024]: Sec. 29. (a) The statewide 911 fund is established for
872+27 the purposes of creating and maintaining a uniform statewide 911
873+28 system. The board shall administer the fund. The expenses of
874+29 administering the fund must be paid from money in the fund.
875+30 (b) The fund consists of the following:
876+31 (1) The statewide 911 fee assessed on users under section 32 of
877+32 this chapter.
878+33 (2) Appropriations made by the general assembly.
879+34 (3) Grants and gifts intended for deposit in the fund.
880+35 (4) Interest, premiums, gains, or other earnings on the fund.
881+36 (5) Enhanced 911 service prepaid wireless charges collected and
882+37 remitted under IC 36-8-16.6-12.
883+38 (6) Money from any other source that is deposited in or
884+39 transferred to the fund.
885+40 (c) The treasurer of state may invest money in the fund in the same
886+41 manner as other funds of the state may be invested under IC 5-13.
887+42 (d) The fund is considered a trust fund for purposes of IC 4-9.1-1-7.
888+ES 232—LS 6984/DI 116 21
889+1 Money in the fund:
890+2 (1) does not revert at the end of any state fiscal year but remains
891+3 available for the purposes of the fund in subsequent state fiscal
892+4 years, notwithstanding IC 4-13-2-19 or any other law; and
893+5 (2) is not subject to transfer to any other fund or to transfer,
894+6 assignment, or reassignment for any other use or purpose by:
895+7 (A) the state board of finance notwithstanding IC 4-9.1-1-7,
896+8 IC 4-13-2-23, or any other law; or
897+9 (B) the budget agency or any other state agency
898+10 notwithstanding IC 4-12-1-12 or any other law.
899+11 (e) Money in the fund is continuously appropriated for the purposes
900+12 of the fund.
901+13 SECTION 22. IC 36-8-16.7-32, AS AMENDED BY P.L.131-2023,
902+14 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
903+15 JULY 1, 2024]: Sec. 32. (a) Except as provided in subsections (b) and
904+16 (d), and subject to section 48(e) of this chapter, the board shall assess
905+17 a monthly statewide 911 fee on each standard user that is a customer
906+18 having a place of primary use in Indiana at a rate that ensures full
907+19 recovery of the amount needed for the board to make distributions to
908+20 county treasurers consistent with this chapter and that provides for the
909+21 proper development, operation, and maintenance of a statewide 911
910+22 system. The amount of the fee assessed under this subsection is one
911+23 dollar ($1). The board may adjust the statewide 911 fee to ensure
912+24 adequate revenue for the board to fulfill the board's duties and
913+25 obligations under this chapter, subject to the following:
914+26 (1) The following apply to an increase in the fee:
915+27 (A) The board may increase the fee only one (1) time after
916+28 April 30, 2023, and before July 1, 2026, in an amount not to
917+29 exceed ten cents ($0.10).
918+30 (B) The board may increase the fee only after review by the
919+31 budget committee.
920+32 (2) The fee may not be lowered more than one (1) time in a
921+33 calendar year.
922+34 (3) The fee may not be lowered by an amount that is more than
923+35 ten cents ($0.10) without legislative approval.
924+36 (b) The fee assessed under this section does not apply to a prepaid
925+37 user in a retail transaction under IC 36-8-16.6.
926+38 (c) An additional fee relating to the provision of 911 service may
927+39 not be levied by a state agency or local unit of government. An
928+40 enhanced A 911 service prepaid wireless charge (as defined in
929+41 IC 36-8-16.6-4) IC 36-8-16.6-0.5) is not considered an additional fee
930+42 relating to the provision of wireless 911 service for purposes of this
931+ES 232—LS 6984/DI 116 22
932+1 section.
933+2 (d) A user is exempt from the fee if the user is any of the following:
934+3 (1) The federal government or an agency of the federal
935+4 government.
936+5 (2) The state or an agency or instrumentality of the state.
937+6 (3) A political subdivision (as defined in IC 36-1-2-13) or an
938+7 agency of a political subdivision.
939+8 (4) A user that accesses communications service solely through
940+9 a wireless data only service plan.
941+10 (e) This subsection applies to an eligible telecommunications carrier
942+11 for purposes of receiving Lifeline reimbursement from the universal
943+12 service fund through the administrator designated by the Federal
944+13 Communications Commission. An eligible telecommunications carrier:
945+14 (1) is not considered an agency of the federal government for
946+15 purposes of the exemption set forth in subsection (d); and
947+16 (2) with respect to communications service provided to end users
948+17 by the eligible telecommunications carrier in its capacity as an
949+18 eligible telecommunications carrier, is liable for the fee assessed
950+19 under subsection (f).
951+20 (f) Beginning September 1, 2015, and on the first day of each month
952+21 thereafter, an eligible telecommunications carrier described in
953+22 subsection (e) shall pay to the board a fee equal to the product of the
954+23 following factors:
955+24 (1) The monthly statewide 911 fee established under subsection
956+25 (a).
957+26 (2) The number of unique end users for which the eligible
958+27 telecommunications carrier received reimbursement from the
959+28 universal service fund during the immediately preceding month.
960+29 The eligible telecommunications carrier may bill and collect from each
961+30 end user the fees calculated under this subsection with respect to the
962+31 end user. The eligible telecommunications carrier shall determine the
963+32 manner in which the eligible telecommunications carrier bills and
964+33 collects the fees. Except as provided in section 33(c) 33(d) of this
965+34 chapter, an eligible telecommunications carrier may not bill and collect
966+35 from an end user an amount greater than the fees paid by the eligible
967+36 telecommunications carrier to the board with respect to the end user.
968+37 (g) If the board increases or decreases the statewide 911 fee under
969+38 subsection (a), the board shall provide written notice to the department
970+39 of state revenue not later than sixty (60) days before the date the
971+40 increase or decrease takes effect that includes:
972+41 (1) the effective date for the increase or decrease; and
973+42 (2) the amount of the charge as increased or decreased by the
974+ES 232—LS 6984/DI 116 23
975+1 board.
976+2 SECTION 23. IC 36-8-16.7-33, AS AMENDED BY P.L.36-2016,
977+3 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
978+4 JULY 1, 2024]: Sec. 33. (a) As part of the provider's normal monthly
979+5 billing process, a provider:
980+6 (1) shall collect the fee from each standard user that is a customer
981+7 having a place of primary use in Indiana; and
982+8 (2) may list the fee as a separate line item on each bill.
983+9 (b) If a provider receives a partial payment for a monthly bill from
984+10 a standard user, the provider shall apply the payment against the
985+11 amount the standard user owes to the provider before applying the
986+12 payment against the fee. A provider may not prorate the monthly 911
987+13 fee collected from a user.
988+14 (b) (c) Subject to subsection (c), (d), a provider shall remit statewide
989+15 911 fees collected under this section to the board at the time and in the
990+16 manner prescribed by the board. However, the board shall require a
991+17 provider to report to the board, no less frequently than on an annual
992+18 basis, the amount of fees collected from all of the provider's customers
993+19 described in subsection (a)(1) and remitted to the board under this
994+20 section. The board may require a provider to submit a report required
995+21 under this subsection at the same time that the provider remits fees to
996+22 the board under this section. The board shall deposit all remitted
997+23 statewide 911 fees in the fund.
998+24 (c) (d) A provider, including an eligible telecommunications carrier
999+25 under section 32(f) of this chapter, may deduct and retain an amount
1000+26 not to exceed one percent (1%) of fees that the service provider
1001+27 collects from users under this section or section 32 of this chapter, to
1002+28 reimburse the direct costs incurred by the service provider in collecting
1003+29 and remitting the fees.
1004+30 (e) All originating providers that provide 911 service for their
1005+31 customers shall connect to the statewide 911 system using an
1006+32 industry standard or functional equivalent, as determined by the
1007+33 board. The originating provider must establish and maintain the
1008+34 connection in accordance with all applicable regulatory
1009+35 requirements requiring service continuity and ensure access to
1010+36 public safety assistance.
1011+37 SECTION 24. IC 36-8-16.7-34, AS AMENDED BY P.L.36-2016,
1012+38 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1013+39 JULY 1, 2024]: Sec. 34. The statewide 911 fee is the liability of the
1014+40 user and not of a provider. However, except as provided in section
1015+41 33(c) 33(d) of this chapter, a provider is liable to remit to the board all
1016+42 statewide 911 fees that the provider collects from users.
1017+ES 232—LS 6984/DI 116 24
1018+1 SECTION 25. IC 36-8-16.7-38, AS AMENDED BY P.L.13-2022,
1019+2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1020+3 JULY 1, 2024]: Sec. 38. (a) A PSAP may use a distribution from a
1021+4 county under this chapter only for the following:
1022+5 (1) The lease, purchase, or maintenance of communications
1023+6 service equipment.
1024+7 (2) Necessary system hardware and software and data base
1025+8 equipment.
1026+9 (3) Personnel expenses, including wages, benefits, training, and
1027+10 continuing education, only to the extent reasonable and necessary
1028+11 for the provision and maintenance of:
1029+12 (A) the statewide 911 system; or
1030+13 (B) a wireline enhanced emergency telephone system funded
1031+14 under IC 36-8-16 (before its repeal on July 1, 2012).
1032+15 (4) Operational costs, including costs associated with:
1033+16 (A) utilities;
1034+17 (B) maintenance;
1035+18 (C) equipment designed to provide backup power or system
1036+19 redundancy, including generators; and
1037+20 (D) call logging equipment.
1038+21 (5) An emergency notification system that is approved by the
1039+22 board under section 40 of this chapter.
1040+23 (6) Connectivity to the Indiana data and communications system
1041+24 (IDACS).
1042+25 (7) Rates associated with communications service providers'
1043+26 enhanced 911 service emergency communications system
1044+27 network services.
1045+28 (8) Mobile radio equipment used by first responders. other than
1046+29 radio equipment purchased under subdivision (9) as a result of the
1047+30 narrow banding requirements specified by the Federal
1048+31 Communications Commission.
1049+32 (9) Up to fifty percent (50%) of the costs associated with the
1050+33 narrow banding or replacement of radios or other equipment as a
1051+34 result of the narrow banding requirements specified by the
1052+35 Federal Communications Commission.
1053+36 (b) A PSAP may not use a distribution from a county under this
1054+37 chapter for the following:
1055+38 (1) The construction, purchase, renovation, or furnishing of PSAP
1056+39 buildings.
1057+40 (2) Vehicles.
1058+41 (c) Not later than January 31 of each year, each PSAP shall submit
1059+42 to the board a report of the following:
1060+ES 232—LS 6984/DI 116 25
1061+1 (1) All expenditures made during the immediately preceding
1062+2 calendar year from distributions under this chapter.
1063+3 (2) Call data and statistics for the immediately preceding calendar
1064+4 year, as specified by the board and collected in accordance with
1065+5 any reporting method established or required by the board.
1066+6 (3) All costs associated with dispatching appropriate public safety
1067+7 agencies to respond to 911 calls received by the PSAP.
1068+8 (4) All funding sources and amounts of funding used for costs
1069+9 described in subdivision (3).
1070+10 (5) Public safety telecommunicator continuing education
1071+11 requirements established under IC 36-8-16.8-8(a)(2).
1072+12 (d) The state board of accounts shall audit the expenditures of
1073+13 distributions under this chapter by each PSAP that receives
1074+14 distributions under this chapter. In conducting an audit under this
1075+15 subsection, the state board of accounts shall determine, in conjunction
1076+16 with the board, whether the expenditures made by each PSAP are in
1077+17 compliance with subsections (a) and (b). The board shall review and
1078+18 further audit any ineligible expenditure identified by the state board of
1079+19 accounts under this subsection or through any other report. If the board
1080+20 verifies that the expenditure did not comply with this section, the board
1081+21 shall ensure that the fund is reimbursed in the dollar amount of the
1082+22 noncomplying expenditure from any source of funding, other than a
1083+23 fund described in subsection (e), that is available to the PSAP or to a
1084+24 unit in which the PSAP is located.
1085+25 (e) A distribution under section 37(a)(2) of this chapter must be
1086+26 deposited by the treasurer of the county in a separate fund set aside for
1087+27 the purposes allowed by subsections (a) and (b). The fund must be
1088+28 known as the ________ (insert name of county) 911 fund. The county
1089+29 treasurer may invest money in the fund in the same manner that other
1090+30 money of the county may be invested, but income earned from the
1091+31 investment must be deposited in the fund set aside under this
1092+32 subsection.
1093+33 (f) Not later than November 1 of each year, the board shall provide
1094+34 in an electronic format under IC 5-14-6 to the general assembly the
1095+35 information submitted under subsection (c)(3) and (c)(4).
1096+36 SECTION 26. IC 36-8-16.7-39, AS ADDED BY P.L.132-2012,
1097+37 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1098+38 JULY 1, 2024]: Sec. 39. (a) In cooperation with the board, a provider
1099+39 shall designate a person to coordinate with and provide all relevant
1100+40 information to the board to assist the board in carrying out its duties
1101+41 under this chapter.
1102+42 (b) A provider shall provide the automatic number identification, or
1103+ES 232—LS 6984/DI 116 26
1104+1 a functional equivalent or successor, and any other information,
1105+2 including updates, required by the board to the county, the
1106+3 municipality, an authorized agent of a county or municipality, or the
1107+4 board or the board's authorized agent for purposes of establishing and
1108+5 maintaining a 911 system data base or online network repository of
1109+6 the data. The board may use confidential information received under
1110+7 this subsection solely for the purpose of providing statewide 911
1111+8 service.
1112+9 SECTION 27. IC 36-8-16.7-40, AS ADDED BY P.L.132-2012,
1113+10 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1114+11 JULY 1, 2024]: Sec. 40. (a) As used in this section, "emergency
1115+12 notification system" means an enhanced a method associated with a
1116+13 911 system capability that provides communications service users
1117+14 within the territory served by a PSAP with a warning, delivered through
1118+15 a device or medium by which users receive communications service
1119+16 from a provider, of an emergency situation through a computerized
1120+17 warning system that uses 911 data base information and technology.
1121+18 (b) With approval of the board, a county may establish an
1122+19 emergency notification system. If the board approves the establishment
1123+20 of an emergency notification system in a county, a PSAP in the county
1124+21 may use funds distributed to it under this chapter to establish and
1125+22 operate an emergency notification system under this section.
1126+23 (c) A provider shall provide to a PSAP the necessary user data to
1127+24 enable the PSAP to implement an emergency notification system under
1128+25 this section. The provision of data under this subsection is subject to
1129+26 section 41 of this chapter. In providing data under this subsection, the
1130+27 provider shall provide the following information for each service user
1131+28 in the PSAP's service territory:
1132+29 (1) The service address of the user.
1133+30 (2) The class of service provided to the user.
1134+31 (3) A designation of listed, unlisted, or nonpublished with respect
1135+32 to any telephone number (or other functionally equivalent
1136+33 identification number) associated with the user's service or
1137+34 account.
1138+35 The provider shall provide this data to the PSAP on a quarterly basis.
1139+36 The provider may charge a reasonable fee to the PSAP for the
1140+37 administrative costs of providing the data.
1141+38 SECTION 28. IC 36-8-16.7-41, AS ADDED BY P.L.132-2012,
1142+39 SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1143+40 JULY 1, 2024]: Sec. 41. (a) A provider shall, upon request, provide to
1144+41 a PSAP the necessary user data to enable the PSAP to implement and
1145+42 operate a 911 system. User data provided to a PSAP for the purpose of
1146+ES 232—LS 6984/DI 116 27
1147+1 implementing or updating a 911 system may be used only to identify:
1148+2 (1) a user;
1149+3 (2) a user's place of primary use; or
1150+4 (3) the information described in both subdivisions (1) and (2);
1151+5 and may not be used or disclosed by the PSAP, or its agents or
1152+6 employees, for any other purpose unless the data is used or disclosed
1153+7 under a court order. A person who recklessly, knowingly, or
1154+8 intentionally violates this subsection commits a Class A misdemeanor.
1155+9 (b) After May 31, 1988, a contract entered into between a provider
1156+10 and a user who has an unlisted or nonpublished telephone number (or
1157+11 other functionally equivalent identification number) may not include
1158+12 a provision that prohibits the provider from providing the user's
1159+13 telephone number (or other functionally equivalent identification
1160+14 number) to a PSAP for inclusion in a 911 system data base. A provider
1161+15 (other than a provider who, before June 1, 1988, has contracted to not
1162+16 divulge a subscriber's unlisted or nonpublished telephone number (or
1163+17 other functionally equivalent identification number)) shall provide a
1164+18 requesting PSAP with the name, telephone number (or other
1165+19 functionally equivalent identification number), and place of primary
1166+20 use for each user of the provider. A PSAP may not release a telephone
1167+21 number (or other functionally equivalent identification number)
1168+22 required to be provided under this subsection to any person except as
1169+23 provided in subsection (a).
1170+24 (c) A provider may amend or terminate a contract with a user if:
1171+25 (1) the contract contains a provision that prohibits the provider
1172+26 from providing the user's telephone number (or other functionally
1173+27 equivalent identification number) to a PSAP for inclusion in a 911
1174+28 system data base or online network source;
1175+29 (2) the exclusion of the telephone number (or other functionally
1176+30 equivalent identification number) from the data base would
1177+31 negate the purpose of this chapter; and
1178+32 (3) the user is notified of the proposed amendment or termination
1179+33 of a contract at least one hundred eighty (180) days before the
1180+34 provider takes action.
1181+ES 232—LS 6984/DI 116 28
1182+COMMITTEE REPORT
1183+Madam President: The Senate Committee on Homeland Security
1184+and Transportation, to which was referred Senate Bill No. 232, has had
1185+the same under consideration and begs leave to report the same back
1186+to the Senate with the recommendation that said bill be AMENDED as
1187+follows:
1188+Page 18, line 34, delete "(a)".
1189+Page 18, line 40, delete "(b)".
1190+Page 18, line 40, block left beginning with "The".
1191+Page 18, line 41, delete "." and insert "which shall not be
1192+construed to create an additional PSAP.".
1193+and when so amended that said bill do pass.
1194+(Reference is to SB 232 as introduced.)
1195+CRIDER, Chairperson
1196+Committee Vote: Yeas 8, Nays 0.
1197+_____
1198+COMMITTEE REPORT
1199+Mr. Speaker: Your Committee on Courts and Criminal Code, to
1200+which was referred Senate Bill 232, has had the same under
1201+consideration and begs leave to report the same back to the House with
1202+the recommendation that said bill be amended as follows:
1203+Page 12, delete lines 24 through 42, begin a new paragraph and
1204+insert:
1205+"SECTION 4. IC 35-44.1-2-3, AS AMENDED BY P.L.174-2021,
4861206 SECTION 75, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
4871207 JULY 1, 2024]: Sec. 3. (a) As used in this section, "consumer product"
4881208 has the meaning set forth in IC 35-45-8-1.
4891209 (b) As used in this section, "misconduct" means a violation of a
4901210 departmental rule or procedure of a law enforcement agency.
4911211 (c) A person who reports that:
4921212 (1) the person or another person has placed or intends to place an
4931213 explosive, a destructive device, or other destructive substance in
4941214 a building or transportation facility;
4951215 (2) there has been or there will be tampering with a consumer
4961216 product introduced into commerce; or
4971217 (3) there has been or will be placed or introduced a weapon of
1218+ES 232—LS 6984/DI 116 29
4981219 mass destruction in a building or a place of assembly;
4991220 knowing the report to be false, commits false reporting, a Level 6
5001221 felony.
5011222 (d) A person who:
5021223 (1) gives:
5031224 (A) a false report of the commission of a crime; or
5041225 (B) false information to a law enforcement officer that relates
5051226 to the commission of a crime;
5061227 knowing the report or information to be false;
507-SEA 232 — Concur 13
5081228 (2) gives a false alarm of fire to the fire department of a
5091229 governmental entity, knowing the alarm to be false;
5101230 (3) makes a false request for ambulance service to an ambulance
5111231 service provider, knowing the request to be false;
5121232 (4) gives a false report concerning a missing child (as defined in
5131233 IC 10-13-5-4) or missing endangered adult (as defined in
5141234 IC 12-7-2-131.3) or gives false information to a law enforcement
5151235 officer or a governmental entity that relates to a missing child or
5161236 missing endangered adult knowing the report or information to be
5171237 false;
5181238 (5) makes a complaint against a law enforcement officer to the
5191239 state or municipality (as defined in IC 8-1-13-3(b)) that employs
5201240 the officer:
5211241 (A) alleging the officer engaged in misconduct while
5221242 performing the officer's duties; and
5231243 (B) knowing the complaint to be false;
5241244 (6) makes a false report of a missing person, knowing the report
5251245 or information is false;
5261246 (7) gives a false report of actions, behavior, or conditions
5271247 concerning:
5281248 (A) a septic tank soil absorption system under IC 8-1-2-125 or
5291249 IC 13-26-5-2.5; or
5301250 (B) a septic tank soil absorption system or constructed wetland
5311251 septic system under IC 36-9-23-30.1;
5321252 knowing the report or information to be false; or
5331253 (8) makes a false report that a person is dangerous (as defined in
5341254 IC 35-47-14-1) knowing the report or information to be false;
5351255 commits false informing, a Class B misdemeanor except as provided
5361256 in subsection (e).
5371257 (e) However, The offense described in subsection (d) is:
5381258 (1) a Class A misdemeanor if it:
5391259 (A) substantially hinders any law enforcement process; or if it
5401260 (B) results in harm to another person; or
1261+ES 232—LS 6984/DI 116 30
5411262 (C) is committed under subsection (d)(8);
5421263 (2) a Level 6 felony if it:
5431264 (A) is committed under subsection (d)(8); and
5441265 (B) either:
5451266 (i) substantially hinders any law enforcement process; or
5461267 (ii) results in harm to another person; and
5471268 (3) a Level 5 felony if it is committed under subsection (d)(8)
5481269 and results in serious bodily injury or death to another
549-person.
550-SEA 232 — Concur 14
551-SECTION 5. IC 36-8-16.6-0.5 IS ADDED TO THE INDIANA
552-CODE AS A NEW SECTION TO READ AS FOLLOWS
553-[EFFECTIVE JULY 1, 2024]: Sec. 0.5. As used in this chapter, "911
554-service prepaid wireless charge" means the charge that a seller is
555-required to collect from a consumer under section 12 of this
556-chapter.
557-SECTION 6. IC 36-8-16.6-4 IS REPEALED [EFFECTIVE JULY
558-1, 2024]. Sec. 4. As used in this chapter, "enhanced prepaid wireless
559-charge" means the charge that a seller is required to collect from a
560-consumer under section 12 of this chapter.
561-SECTION 7. IC 36-8-16.6-11, AS AMENDED BY P.L.131-2023,
562-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
563-JULY 1, 2024]: Sec. 11. (a) The board shall impose an enhanced a 911
564-service prepaid wireless charge on each retail transaction. The charge
565-is not required to be paid by an eligible telecommunications carrier that
566-is required to pay the monthly statewide 911 fee under IC 36-8-16.7-32
567-for the same transaction. The amount of the charge is one dollar ($1).
568-The board may increase the enhanced 911 service prepaid wireless
569-charge to ensure adequate revenue for the board to fulfill its duties and
570-obligations under this chapter and IC 36-8-16.7. The following apply
571-to an increase in the enhanced 911 service prepaid wireless charge:
572-(1) The board may increase the charge only one (1) time after
573-April 30, 2023, and before July 1, 2026, in an amount not to
574-exceed ten cents ($0.10).
575-(2) The board may increase the charge only after review by the
576-budget committee.
577-(b) A consumer that is the federal government or an agency of the
578-federal government is exempt from the enhanced 911 service prepaid
579-wireless charge imposed under this section.
580-(c) This subsection applies to an eligible telecommunications carrier
581-for purposes of receiving Lifeline reimbursement from the universal
582-service fund through the administrator designated by the Federal
583-Communications Commission. An eligible telecommunications carrier:
584-(1) is not considered an agency of the federal government for
585-purposes of the exemption set forth in subsection (b); and
586-(2) with respect to prepaid wireless telecommunications service
587-provided to end users by the eligible telecommunications carrier
588-in its capacity as an eligible telecommunications carrier, is liable
589-for the charge imposed under subsection (d).
590-(d) Beginning September 1, 2015, and on the first day of each
591-month thereafter, an eligible telecommunications carrier described in
592-subsection (c) shall pay to the board a charge equal to the product of
593-SEA 232 — Concur 15
594-the following factors:
595-(1) The enhanced 911 service prepaid wireless charge established
596-under subsection (a).
597-(2) The number of unique end users for which the eligible
598-telecommunications carrier received reimbursement from the
599-universal service fund during the immediately preceding month.
600-The eligible telecommunications carrier may bill and collect from each
601-end user the charges calculated under this subsection with respect to
602-the end user. The eligible telecommunications carrier shall determine
603-the manner in which the eligible telecommunications carrier bills and
604-collects the charges. Except as provided in section 15 of this chapter,
605-an eligible telecommunications carrier may not bill and collect from an
606-end user an amount greater than the charges paid by the eligible
607-telecommunications carrier to the board with respect to the end user.
608-(e) If the board increases the enhanced 911 service prepaid wireless
609-charge under subsection (a), the board shall provide written notice to
610-the department of state revenue not later than sixty (60) days before the
611-date the increase takes effect that includes:
612-(1) the effective date for the increase; and
613-(2) the amount of the charge as increased by the board.
614-SECTION 8. IC 36-8-16.6-12, AS ADDED BY P.L.113-2010,
615-SECTION 151, IS AMENDED TO READ AS FOLLOWS
616-[EFFECTIVE JULY 1, 2024]: Sec. 12. (a) A seller shall collect the
617-enhanced 911 service prepaid wireless charge from the consumer with
618-respect to each retail transaction.
619-(b) The seller shall disclose to the consumer the amount of the
620-enhanced 911 service prepaid wireless charge. The seller may
621-separately state the amount of the enhanced 911 service prepaid
622-wireless charge on an invoice, a receipt, or a similar document that the
623-seller provides to the consumer in connection with the retail
624-transaction.
625-(c) Subject to section 15 of this chapter, a seller shall remit
626-enhanced 911 service prepaid wireless charges to the department at the
627-time and in the manner prescribed by the department.
628-SECTION 9. IC 36-8-16.6-13, AS AMENDED BY P.L.36-2016,
629-SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
630-JULY 1, 2024]: Sec. 13. The enhanced 911 service prepaid wireless
631-charge is the liability of the consumer and not of the seller or a
632-provider. However, except as provided in section 15 of this chapter, a
633-seller is liable to remit to the department all enhanced 911 service
634-prepaid wireless charges that the seller collects from consumers under
635-section 12 of this chapter, including all charges that the seller is
636-SEA 232 — Concur 16
637-considered to collect where the amount of the charge has not been
638-separately stated on an invoice, receipt, or other similar document
639-provided to the consumer by the seller.
640-SECTION 10. IC 36-8-16.6-14, AS ADDED BY P.L.113-2010,
641-SECTION 151, IS AMENDED TO READ AS FOLLOWS
642-[EFFECTIVE JULY 1, 2024]: Sec. 14. The amount of the enhanced
643-911 service prepaid wireless charge that is collected by a seller from
644-a consumer, whether or not separately stated on an invoice, receipt, or
645-other similar document provided to the consumer by the seller, may not
646-be included in the base for determining a tax, fee, surcharge, or other
647-charge that is imposed by the state, a political subdivision, or any other
648-governmental agency.
649-SECTION 11. IC 36-8-16.6-16, AS AMENDED BY P.L.181-2015,
650-SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
651-JULY 1, 2024]: Sec. 16. (a) A seller is subject to the same audit and
652-appeal procedures with respect to the collection and remittance of
653-enhanced 911 service prepaid wireless charges as with collection and
654-remittance of the state gross retail tax under IC 6-2.5.
655-(b) An audit under subsection (a) must be conducted either:
656-(1) jointly by the department of state revenue and the board; or
657-(2) by an independent auditor engaged by the board to conduct a
658-cost effective flat rate audit.
659-(c) If an independent auditor is engaged by the board under
660-subsection (b)(2), the terms of the engagement may not:
661-(1) be of an indefinite term;
662-(2) include hourly or per diem fees; or
663-(3) include payment based on contingency.
664-SECTION 12. IC 36-8-16.6-17, AS AMENDED BY P.L.157-2015,
665-SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
666-JULY 1, 2024]: Sec. 17. (a) The department, in conjunction and
667-coordination with the board, shall establish procedures:
668-(1) governing the collection and remittance of enhanced 911
669-service prepaid wireless charges in accordance with the
670-procedures established under IC 6-8.1 concerning listed taxes;
671-and
672-(2) allowing a seller to document that a sale of prepaid wireless
673-telecommunications service is not a retail transaction.
674-(b) A procedure established under subsection (a)(1):
675-(1) must take into consideration the differences between large and
676-small sellers, including smaller sales volumes; and
677-(2) may establish lower thresholds for the remittance of enhanced
678-911 service prepaid wireless charges by small sellers.
679-SEA 232 — Concur 17
680-For purposes of this subsection, a small seller is a seller that sells less
681-than one hundred dollars ($100) of prepaid wireless
682-telecommunications service each month.
683-(c) On an annual basis, the board may audit providers to determine
684-compliance with procedures established under subsection (a). Not later
685-than March 1 of the year immediately following an audit, the board
686-shall submit, in an electronic format under IC 5-14-6, a copy of the
687-audit to the general assembly and the budget committee.
688-SECTION 13. IC 36-8-16.6-18, AS AMENDED BY P.L.132-2012,
689-SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
690-JULY 1, 2024]: Sec. 18. (a) The department shall deposit all remitted
691-enhanced 911 service prepaid wireless charges in the fund.
692-(b) The board shall administer money deposited in the fund under
693-this section in the same manner as it administers statewide 911 fees
694-assessed under IC 36-8-16.7-32.
695-SECTION 14. IC 36-8-16.6-20, AS AMENDED BY P.L.132-2012,
696-SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
697-JULY 1, 2024]: Sec. 20. (a) An additional fee relating to the provision
698-of 911 service with respect to prepaid wireless telecommunications
699-service may not be levied by a state agency or local unit of government.
700-(b) The enhanced 911 service prepaid wireless charge imposed by
701-section 12 of this chapter is not considered an additional charge
702-relating to the provision of 911 service for purposes of
703-IC 36-8-16.7-32(d).
704-SECTION 15. IC 36-8-16.6-21, AS ADDED BY P.L.113-2010,
705-SECTION 151, IS AMENDED TO READ AS FOLLOWS
706-[EFFECTIVE JULY 1, 2024]: Sec. 21. The following are not required
707-to take legal action to enforce the collection of an enhanced a 911
708-service prepaid wireless charge that is imposed on a consumer:
709-(1) A provider.
710-(2) A seller.
711-However, the department or the board may initiate a collection action.
712-A court finding for the department or the board, as applicable, in an
713-action may award reasonable costs and attorney's fees associated with
714-the collection action.
715-SECTION 16. IC 36-8-16.7-2, AS ADDED BY P.L.132-2012,
716-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
717-JULY 1, 2024]: Sec. 2. As used in this chapter, "automatic location
718-information" means information that is transmitted while enhanced 911
719-service is provided and that permits emergency service providers to
720-identify the geographic location of the calling party initiating the
721-communication.
722-SEA 232 — Concur 18
723-SECTION 17. IC 36-8-16.7-7, AS ADDED BY P.L.132-2012,
724-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
725-JULY 1, 2024]: Sec. 7. (a) As used in this chapter, "communications
726-service" means any service that:
727-(1) uses telephone numbers or IP addresses or their functional
728-equivalents or successors;
729-(2) allows access to, or a connection or interface with, a 911
730-system through the activation or enabling of a device,
731-transmission medium, or technology that is used by a customer to
732-dial, initialize, or otherwise activate the 911 system, regardless of
733-the particular device, transmission medium, or technology
734-employed;
735-(3) provides or enables real time or interactive communications,
736-other than machine to machine communications; and
737-(4) is available to a prepaid user or a standard user.
738-(b) The term includes the following:
739-(1) Internet protocol enabled services and applications that are
740-provided through wireline, cable, wireless, or satellite facilities,
741-or any other facility or platform that is capable of establishing or
742-connecting a 911 communication from the public to be relayed
743-to a PSAP.
744-(2) A multiline telephone system.
745-(3) CMRS.
746-(4) Interconnected VOIP service and voice over power lines.
747-(5) Integrated telecommunications service (as defined in 47 CFR
748-400.2).
749-SECTION 18. IC 36-8-16.7-9, AS ADDED BY P.L.132-2012,
750-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
751-JULY 1, 2024]: Sec. 9. (a) As used in this chapter, "enhanced "911
752-service" means a communications service that uses the three (3) digit
753-number 911 to send:
754-(1) automatic number identification or its functional equivalent or
755-successor; and
756-(2) automatic location information or its functional equivalent or
757-successor;
758-for reporting police, fire, medical, or other emergency situations.
759-(b) The term includes both Phase I and Phase II enhanced 911
760-services, as described in 47 CFR 20.18.
761-SECTION 19. IC 36-8-16.7-20, AS ADDED BY P.L.132-2012,
762-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
763-JULY 1, 2024]: Sec. 20. As used in this chapter, "PSAP" refers to a
764-public safety answering point:
765-SEA 232 — Concur 19
766-(1) that operates on a twenty-four (24) hour basis; and
767-(2) whose primary function is to receive incoming requests for
768-emergency assistance and relay those requests to an appropriate
769-responding public safety agency.
770-The term includes an emergency communications center (ECC)
771-which shall not be construed to create an additional PSAP.
772-SECTION 20. IC 36-8-16.7-27, AS AMENDED BY THE
773-TECHNICAL CORRECTIONS BILL OF THE 2024 GENERAL
774-ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
775-JULY 1, 2024]: Sec. 27. (a) The board may do the following to
776-implement this chapter:
777-(1) Sue and be sued.
778-(2) Adopt and alter an official seal.
779-(3) Adopt and enforce bylaws and rules for:
780-(A) the conduct of board business; and
781-(B) the use of board services and facilities.
782-(4) Subject to subsection (c), acquire, hold, use, and otherwise
783-dispose of the board's income, revenues, funds, and money.
784-(5) Subject to subsections (b) and (c), enter into contracts,
785-including contracts:
786-(A) for professional services;
787-(B) for purchase of supplies or services; and
788-(C) to acquire office space.
789-(6) Subject to subsection (c), hire staff.
790-(7) Adopt rules under IC 4-22-2 to implement this chapter.
791-(8) Develop, maintain, and update a statewide 911 plan.
792-(9) Subject to subsection (c), administer the statewide 911 fund
793-established by section 29 of this chapter.
794-(10) Administer and distribute the statewide 911 fee in
795-accordance with section 37 of this chapter.
796-(11) Subject to subsection (c), administer statewide 911 grants in
797-accordance with state and federal guidelines.
798-(12) Obtain from each PSAP operating statistics and other
799-performance measurements, including call statistics by category
800-and emergency medical dispatching (EMD) certifications.
801-(13) Take action as needed to ensure that the statewide 911
802-system and PSAPs served by the statewide 911 system
803-establish and maintain an adequate security posture to ensure
804-public safety and the protection of personal information.
805-(13) (14) Take other necessary or convenient actions to
806-implement this chapter that are not inconsistent with Indiana law.
807-(b) A contract for the purchase of communications service or
808-SEA 232 — Concur 20
809-equipment by the board must be awarded through an invitation for bids
810-or a request for proposals as described in IC 5-22. The board shall enter
811-into a cooperative agreement with the Indiana department of
812-administration for the department to administer the board's purchases
813-under this chapter using the department's purchasing agents.
814-(c) The board shall be considered a state agency for purposes of
815-IC 5-14-3.5. Subject to IC 5-14-3.5-4, the following shall be posted to
816-the Indiana transparency Internet web site website in accordance with
817-IC 5-14-3.5-2:
818-(1) Expenditures by the board, including expenditures for
819-contracts, grants, and leases.
820-(2) The balance of the statewide 911 fund established by section
821-29 of this chapter.
822-(3) A listing of the board's real and personal property that has a
823-value of more than twenty thousand dollars ($20,000).
824-The board shall cooperate with and provide information to the auditor
825-of state comptroller as required by IC 5-14-3.5-8.
826-(d) Information relating to security measures or precautions
827-used to secure the statewide 911 system may be excepted from
828-public disclosure under IC 5-14-3-4 at the discretion of the board.
829-SECTION 21. IC 36-8-16.7-29, AS ADDED BY P.L.132-2012,
830-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
831-JULY 1, 2024]: Sec. 29. (a) The statewide 911 fund is established for
832-the purposes of creating and maintaining a uniform statewide 911
833-system. The board shall administer the fund. The expenses of
834-administering the fund must be paid from money in the fund.
835-(b) The fund consists of the following:
836-(1) The statewide 911 fee assessed on users under section 32 of
837-this chapter.
838-(2) Appropriations made by the general assembly.
839-(3) Grants and gifts intended for deposit in the fund.
840-(4) Interest, premiums, gains, or other earnings on the fund.
841-(5) Enhanced 911 service prepaid wireless charges collected and
842-remitted under IC 36-8-16.6-12.
843-(6) Money from any other source that is deposited in or
844-transferred to the fund.
845-(c) The treasurer of state may invest money in the fund in the same
846-manner as other funds of the state may be invested under IC 5-13.
847-(d) The fund is considered a trust fund for purposes of IC 4-9.1-1-7.
848-Money in the fund:
849-(1) does not revert at the end of any state fiscal year but remains
850-available for the purposes of the fund in subsequent state fiscal
851-SEA 232 — Concur 21
852-years, notwithstanding IC 4-13-2-19 or any other law; and
853-(2) is not subject to transfer to any other fund or to transfer,
854-assignment, or reassignment for any other use or purpose by:
855-(A) the state board of finance notwithstanding IC 4-9.1-1-7,
856-IC 4-13-2-23, or any other law; or
857-(B) the budget agency or any other state agency
858-notwithstanding IC 4-12-1-12 or any other law.
859-(e) Money in the fund is continuously appropriated for the purposes
860-of the fund.
861-SECTION 22. IC 36-8-16.7-32, AS AMENDED BY P.L.131-2023,
862-SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
863-JULY 1, 2024]: Sec. 32. (a) Except as provided in subsections (b) and
864-(d), and subject to section 48(e) of this chapter, the board shall assess
865-a monthly statewide 911 fee on each standard user that is a customer
866-having a place of primary use in Indiana at a rate that ensures full
867-recovery of the amount needed for the board to make distributions to
868-county treasurers consistent with this chapter and that provides for the
869-proper development, operation, and maintenance of a statewide 911
870-system. The amount of the fee assessed under this subsection is one
871-dollar ($1). The board may adjust the statewide 911 fee to ensure
872-adequate revenue for the board to fulfill the board's duties and
873-obligations under this chapter, subject to the following:
874-(1) The following apply to an increase in the fee:
875-(A) The board may increase the fee only one (1) time after
876-April 30, 2023, and before July 1, 2026, in an amount not to
877-exceed ten cents ($0.10).
878-(B) The board may increase the fee only after review by the
879-budget committee.
880-(2) The fee may not be lowered more than one (1) time in a
881-calendar year.
882-(3) The fee may not be lowered by an amount that is more than
883-ten cents ($0.10) without legislative approval.
884-(b) The fee assessed under this section does not apply to a prepaid
885-user in a retail transaction under IC 36-8-16.6.
886-(c) An additional fee relating to the provision of 911 service may
887-not be levied by a state agency or local unit of government. An
888-enhanced A 911 service prepaid wireless charge (as defined in
889-IC 36-8-16.6-4) IC 36-8-16.6-0.5) is not considered an additional fee
890-relating to the provision of wireless 911 service for purposes of this
891-section.
892-(d) A user is exempt from the fee if the user is any of the following:
893-(1) The federal government or an agency of the federal
894-SEA 232 — Concur 22
895-government.
896-(2) The state or an agency or instrumentality of the state.
897-(3) A political subdivision (as defined in IC 36-1-2-13) or an
898-agency of a political subdivision.
899-(4) A user that accesses communications service solely through
900-a wireless data only service plan.
901-(e) This subsection applies to an eligible telecommunications carrier
902-for purposes of receiving Lifeline reimbursement from the universal
903-service fund through the administrator designated by the Federal
904-Communications Commission. An eligible telecommunications carrier:
905-(1) is not considered an agency of the federal government for
906-purposes of the exemption set forth in subsection (d); and
907-(2) with respect to communications service provided to end users
908-by the eligible telecommunications carrier in its capacity as an
909-eligible telecommunications carrier, is liable for the fee assessed
910-under subsection (f).
911-(f) Beginning September 1, 2015, and on the first day of each month
912-thereafter, an eligible telecommunications carrier described in
913-subsection (e) shall pay to the board a fee equal to the product of the
914-following factors:
915-(1) The monthly statewide 911 fee established under subsection
916-(a).
917-(2) The number of unique end users for which the eligible
918-telecommunications carrier received reimbursement from the
919-universal service fund during the immediately preceding month.
920-The eligible telecommunications carrier may bill and collect from each
921-end user the fees calculated under this subsection with respect to the
922-end user. The eligible telecommunications carrier shall determine the
923-manner in which the eligible telecommunications carrier bills and
924-collects the fees. Except as provided in section 33(c) 33(d) of this
925-chapter, an eligible telecommunications carrier may not bill and collect
926-from an end user an amount greater than the fees paid by the eligible
927-telecommunications carrier to the board with respect to the end user.
928-(g) If the board increases or decreases the statewide 911 fee under
929-subsection (a), the board shall provide written notice to the department
930-of state revenue not later than sixty (60) days before the date the
931-increase or decrease takes effect that includes:
932-(1) the effective date for the increase or decrease; and
933-(2) the amount of the charge as increased or decreased by the
934-board.
935-SECTION 23. IC 36-8-16.7-33, AS AMENDED BY P.L.36-2016,
936-SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
937-SEA 232 — Concur 23
938-JULY 1, 2024]: Sec. 33. (a) As part of the provider's normal monthly
939-billing process, a provider:
940-(1) shall collect the fee from each standard user that is a customer
941-having a place of primary use in Indiana; and
942-(2) may list the fee as a separate line item on each bill.
943-(b) If a provider receives a partial payment for a monthly bill from
944-a standard user, the provider shall apply the payment against the
945-amount the standard user owes to the provider before applying the
946-payment against the fee. A provider may not prorate the monthly 911
947-fee collected from a user.
948-(b) (c) Subject to subsection (c), (d), a provider shall remit statewide
949-911 fees collected under this section to the board at the time and in the
950-manner prescribed by the board. However, the board shall require a
951-provider to report to the board, no less frequently than on an annual
952-basis, the amount of fees collected from all of the provider's customers
953-described in subsection (a)(1) and remitted to the board under this
954-section. The board may require a provider to submit a report required
955-under this subsection at the same time that the provider remits fees to
956-the board under this section. The board shall deposit all remitted
957-statewide 911 fees in the fund.
958-(c) (d) A provider, including an eligible telecommunications carrier
959-under section 32(f) of this chapter, may deduct and retain an amount
960-not to exceed one percent (1%) of fees that the service provider
961-collects from users under this section or section 32 of this chapter, to
962-reimburse the direct costs incurred by the service provider in collecting
963-and remitting the fees.
964-(e) All originating providers that provide 911 service for their
965-customers shall connect to the statewide 911 system using an
966-industry standard or functional equivalent, as determined by the
967-board. The originating provider must establish and maintain the
968-connection in accordance with all applicable regulatory
969-requirements requiring service continuity and ensure access to
970-public safety assistance.
971-SECTION 24. IC 36-8-16.7-34, AS AMENDED BY P.L.36-2016,
972-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
973-JULY 1, 2024]: Sec. 34. The statewide 911 fee is the liability of the
974-user and not of a provider. However, except as provided in section
975-33(c) 33(d) of this chapter, a provider is liable to remit to the board all
976-statewide 911 fees that the provider collects from users.
977-SECTION 25. IC 36-8-16.7-38, AS AMENDED BY P.L.13-2022,
978-SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
979-JULY 1, 2024]: Sec. 38. (a) A PSAP may use a distribution from a
980-SEA 232 — Concur 24
981-county under this chapter only for the following:
982-(1) The lease, purchase, or maintenance of communications
983-service equipment.
984-(2) Necessary system hardware and software and data base
985-equipment.
986-(3) Personnel expenses, including wages, benefits, training, and
987-continuing education, only to the extent reasonable and necessary
988-for the provision and maintenance of:
989-(A) the statewide 911 system; or
990-(B) a wireline enhanced emergency telephone system funded
991-under IC 36-8-16 (before its repeal on July 1, 2012).
992-(4) Operational costs, including costs associated with:
993-(A) utilities;
994-(B) maintenance;
995-(C) equipment designed to provide backup power or system
996-redundancy, including generators; and
997-(D) call logging equipment.
998-(5) An emergency notification system that is approved by the
999-board under section 40 of this chapter.
1000-(6) Connectivity to the Indiana data and communications system
1001-(IDACS).
1002-(7) Rates associated with communications service providers'
1003-enhanced 911 service emergency communications system
1004-network services.
1005-(8) Mobile radio equipment used by first responders. other than
1006-radio equipment purchased under subdivision (9) as a result of the
1007-narrow banding requirements specified by the Federal
1008-Communications Commission.
1009-(9) Up to fifty percent (50%) of the costs associated with the
1010-narrow banding or replacement of radios or other equipment as a
1011-result of the narrow banding requirements specified by the
1012-Federal Communications Commission.
1013-(b) A PSAP may not use a distribution from a county under this
1014-chapter for the following:
1015-(1) The construction, purchase, renovation, or furnishing of PSAP
1016-buildings.
1017-(2) Vehicles.
1018-(c) Not later than January 31 of each year, each PSAP shall submit
1019-to the board a report of the following:
1020-(1) All expenditures made during the immediately preceding
1021-calendar year from distributions under this chapter.
1022-(2) Call data and statistics for the immediately preceding calendar
1023-SEA 232 — Concur 25
1024-year, as specified by the board and collected in accordance with
1025-any reporting method established or required by the board.
1026-(3) All costs associated with dispatching appropriate public safety
1027-agencies to respond to 911 calls received by the PSAP.
1028-(4) All funding sources and amounts of funding used for costs
1029-described in subdivision (3).
1030-(5) Public safety telecommunicator continuing education
1031-requirements established under IC 36-8-16.8-8(a)(2).
1032-(d) The state board of accounts shall audit the expenditures of
1033-distributions under this chapter by each PSAP that receives
1034-distributions under this chapter. In conducting an audit under this
1035-subsection, the state board of accounts shall determine, in conjunction
1036-with the board, whether the expenditures made by each PSAP are in
1037-compliance with subsections (a) and (b). The board shall review and
1038-further audit any ineligible expenditure identified by the state board of
1039-accounts under this subsection or through any other report. If the board
1040-verifies that the expenditure did not comply with this section, the board
1041-shall ensure that the fund is reimbursed in the dollar amount of the
1042-noncomplying expenditure from any source of funding, other than a
1043-fund described in subsection (e), that is available to the PSAP or to a
1044-unit in which the PSAP is located.
1045-(e) A distribution under section 37(a)(2) of this chapter must be
1046-deposited by the treasurer of the county in a separate fund set aside for
1047-the purposes allowed by subsections (a) and (b). The fund must be
1048-known as the ________ (insert name of county) 911 fund. The county
1049-treasurer may invest money in the fund in the same manner that other
1050-money of the county may be invested, but income earned from the
1051-investment must be deposited in the fund set aside under this
1052-subsection.
1053-(f) Not later than November 1 of each year, the board shall provide
1054-in an electronic format under IC 5-14-6 to the general assembly the
1055-information submitted under subsection (c)(3) and (c)(4).
1056-SECTION 26. IC 36-8-16.7-39, AS ADDED BY P.L.132-2012,
1057-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1058-JULY 1, 2024]: Sec. 39. (a) In cooperation with the board, a provider
1059-shall designate a person to coordinate with and provide all relevant
1060-information to the board to assist the board in carrying out its duties
1061-under this chapter.
1062-(b) A provider shall provide the automatic number identification, or
1063-a functional equivalent or successor, and any other information,
1064-including updates, required by the board to the county, the
1065-municipality, an authorized agent of a county or municipality, or the
1066-SEA 232 — Concur 26
1067-board or the board's authorized agent for purposes of establishing and
1068-maintaining a 911 system data base or online network repository of
1069-the data. The board may use confidential information received under
1070-this subsection solely for the purpose of providing statewide 911
1071-service.
1072-SECTION 27. IC 36-8-16.7-40, AS ADDED BY P.L.132-2012,
1073-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1074-JULY 1, 2024]: Sec. 40. (a) As used in this section, "emergency
1075-notification system" means an enhanced a method associated with a
1076-911 system capability that provides communications service users
1077-within the territory served by a PSAP with a warning, delivered through
1078-a device or medium by which users receive communications service
1079-from a provider, of an emergency situation through a computerized
1080-warning system that uses 911 data base information and technology.
1081-(b) With approval of the board, a county may establish an
1082-emergency notification system. If the board approves the establishment
1083-of an emergency notification system in a county, a PSAP in the county
1084-may use funds distributed to it under this chapter to establish and
1085-operate an emergency notification system under this section.
1086-(c) A provider shall provide to a PSAP the necessary user data to
1087-enable the PSAP to implement an emergency notification system under
1088-this section. The provision of data under this subsection is subject to
1089-section 41 of this chapter. In providing data under this subsection, the
1090-provider shall provide the following information for each service user
1091-in the PSAP's service territory:
1092-(1) The service address of the user.
1093-(2) The class of service provided to the user.
1094-(3) A designation of listed, unlisted, or nonpublished with respect
1095-to any telephone number (or other functionally equivalent
1096-identification number) associated with the user's service or
1097-account.
1098-The provider shall provide this data to the PSAP on a quarterly basis.
1099-The provider may charge a reasonable fee to the PSAP for the
1100-administrative costs of providing the data.
1101-SECTION 28. IC 36-8-16.7-41, AS ADDED BY P.L.132-2012,
1102-SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
1103-JULY 1, 2024]: Sec. 41. (a) A provider shall, upon request, provide to
1104-a PSAP the necessary user data to enable the PSAP to implement and
1105-operate a 911 system. User data provided to a PSAP for the purpose of
1106-implementing or updating a 911 system may be used only to identify:
1107-(1) a user;
1108-(2) a user's place of primary use; or
1109-SEA 232 — Concur 27
1110-(3) the information described in both subdivisions (1) and (2);
1111-and may not be used or disclosed by the PSAP, or its agents or
1112-employees, for any other purpose unless the data is used or disclosed
1113-under a court order. A person who recklessly, knowingly, or
1114-intentionally violates this subsection commits a Class A misdemeanor.
1115-(b) After May 31, 1988, a contract entered into between a provider
1116-and a user who has an unlisted or nonpublished telephone number (or
1117-other functionally equivalent identification number) may not include
1118-a provision that prohibits the provider from providing the user's
1119-telephone number (or other functionally equivalent identification
1120-number) to a PSAP for inclusion in a 911 system data base. A provider
1121-(other than a provider who, before June 1, 1988, has contracted to not
1122-divulge a subscriber's unlisted or nonpublished telephone number (or
1123-other functionally equivalent identification number)) shall provide a
1124-requesting PSAP with the name, telephone number (or other
1125-functionally equivalent identification number), and place of primary
1126-use for each user of the provider. A PSAP may not release a telephone
1127-number (or other functionally equivalent identification number)
1128-required to be provided under this subsection to any person except as
1129-provided in subsection (a).
1130-(c) A provider may amend or terminate a contract with a user if:
1131-(1) the contract contains a provision that prohibits the provider
1132-from providing the user's telephone number (or other functionally
1133-equivalent identification number) to a PSAP for inclusion in a 911
1134-system data base or online network source;
1135-(2) the exclusion of the telephone number (or other functionally
1136-equivalent identification number) from the data base would
1137-negate the purpose of this chapter; and
1138-(3) the user is notified of the proposed amendment or termination
1139-of a contract at least one hundred eighty (180) days before the
1140-provider takes action.
1141-SEA 232 — Concur President of the Senate
1142-President Pro Tempore
1143-Speaker of the House of Representatives
1144-Governor of the State of Indiana
1145-Date: Time:
1146-SEA 232 — Concur
1270+person.".
1271+Page 13, delete lines 1 through 35.
1272+Page 23, line 21, delete "state" and insert "statewide".
1273+Page 27, delete lines 24 through 42.
1274+Delete page 28.
1275+Renumber all SECTIONS consecutively.
1276+and when so amended that said bill do pass.
1277+(Reference is to SB 232 as printed January 24, 2024.)
1278+MCNAMARA
1279+Committee Vote: yeas 11, nays 0.
1280+ES 232—LS 6984/DI 116