Indiana § 36-8-16.7-32 Monthly statewide 911 fee; amount; adjustments; additional fees
prohibited; exemptions; responsibility of eligible telecommunications
carriers; written notice if fee increased

Indiana Statutes

§ 36-8-16.7-32 — Monthly statewide 911 fee; amount; adjustments; additional fees prohibited; exemptions; responsibility of eligible telecommunications carriers; written notice if fee increased

Indiana § 36-8-16.7-32

Title 36LOCAL GOVERNMENT

Art. 8PUBLIC SAFETY

Ch. 16.7Statewide 911 Services

This text of Indiana § 36-8-16.7-32 (Monthly statewide 911 fee; amount; adjustments; additional fees prohibited; exemptions; responsibility of eligible telecommunications carriers; written notice if fee increased) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-8-16.7-32 (2026).

Text

(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

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(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. A 911
service prepaid wireless charge (as defined in 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
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(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.

Legislative History

As added by P.L.132-2012, SEC.20. Amended by P.L.107-2014, SEC.7; P.L.157-2015, SEC.10; P.L.36-2016, SEC.8; P.L.85-2017, SEC.127; P.L.117-2020, SEC.4; P.L.131-2023, SEC.2; P.L.119-2024, SEC.22.