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