§ 36-8-16.6-11 — Enhanced prepaid wireless charge; responsibility of eligible telecommunications carriers; board's written notice if charge increased

Indiana § 36-8-16.6-11

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 8: PUBLIC SAFETY
• Ch. 16.6: Enhanced Prepaid Wireless Telecommunications

Text

(a) The board shall impose 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 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 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 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
the following factors:
(1) The 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 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.

Legislative History

As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.15; P.L.107-2014, SEC.6; P.L.157-2015, SEC.4; P.L.36-2016, SEC.3; P.L.117-2020, SEC.2; P.L.131-2023, SEC.1; P.L.119-2024, SEC.7.