reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-7. Purchase of Firefighting Apparatus and Equipment; Procedure

Sec. 7. (a) All purchases of firefighting apparatus and equipment shall be made in the manner provided by statute for the purchase of township supplies. If the amount involved is sufficient to require notice under statutes for bids in connection with the purchase of apparatus or equipment, the notice must offer all bidders the opportunity of proposing to sell the apparatus and equipment to the township upon a conditional sale or mortgage contract.
(b) A bidder proposing to sell on a conditional sale or mortgage contract shall state in the bidder's bid the proposed interest rate and terms of it, to be considered by the township executive and legislative body in determining the best bid received.
(c) All bids submitted must specify the cash price at which the bidder proposes to sell the apparatus or equipment to the township so that the executive and legislative body may determine whether it is in the best interest of the township to purchase the apparatus or equipment on the terms of a conditional sale or mortgage contract proposed by the bidder or to purchase it for cash if sufficient funds are available or can be raised by negotiating a loan with a financial institution in accordance with this section.
[Pre-Local Government Recodification Citation: 17-4-18-1 part.]
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.127-2017, SEC.272.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-8. Insurance Coverage for Members of Department

Sec. 8. A township having a regularly organized fire department employing full-time firefighters may procure at the township's expense:
(1) an insurance policy for each member of the department insuring the member against the loss of the member's life or dismemberment while in the performance of the member's regularly assigned duties; and
(2) group insurance providing supplemental income protection for a member of the department who has been injured during the course of the member's employment.
The insurance coverage shall be selected with the consent of the members and is supplemental to other benefits provided the injured member by law.
[Pre-Local Government Recodification Citations: 19-1-12-1 part; 19-1-12-1.1 part; 19-1-12-1.2 part; 19-1-12-2 part.]
As added by Acts 1981, P.L.309, SEC.65. Amended by P.L.127-2017, SEC.273.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-9. Payment of Line of Duty Health Care Expenses for Firefighters

Note: This version of section effective until 1-1-2024. See also following version of this section, effective 1-1-2024.
Sec. 9. (a) A township shall pay for the care of a full-time, paid firefighter who suffers:
(1) an injury; or
(2) contracts an illness;
during the performance of the firefighter's duty.
(b) The township shall pay for the following expenses incurred by a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents and means.
(3) X-ray, diagnostic, and therapeutic service, including during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the township firefighting fund established by section 4 of this chapter.
(d) A township that has paid for the care of a firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The township's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the firefighter against the third party.
As added by P.L.150-2002, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13. Township Fire Protection and Emergency Services › 36-8-13-9-b. Payment of Line of Duty Health Care Expenses for Firefighters

Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024.
Sec. 9. (a) A township shall pay for the care of a full-time, paid firefighter who suffers:
(1) an injury; or
(2) contracts an illness;
during the performance of the firefighter's duty.
(b) The township shall pay for the following expenses incurred by a firefighter described in subsection (a):
(1) Medical and surgical care.
(2) Medicines and laboratory, curative, and palliative agents and means.
(3) X-ray, diagnostic, and therapeutic service, including during the recovery period.
(4) Hospital and special nursing care if the physician or surgeon in charge considers it necessary for proper recovery.
(c) Expenditures required by subsection (a) shall be paid from the township firefighting and emergency services fund established by section 4(a)(1) of this chapter or the township firefighting fund established in section 4(a)(2)(A) of this chapter, as applicable.
(d) A township that has paid for the care of a firefighter under subsection (a) has a cause of action for reimbursement of the amount paid under subsection (a) against any third party against whom the firefighter has a cause of action for an injury sustained because of, or an illness caused by, the third party. The township's cause of action under this subsection is in addition to, and not in lieu of, the cause of action of the firefighter against the third party.
As added by P.L.150-2002, SEC.4. Amended by P.L.236-2023, SEC.207.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13.5. Township Fire Department Employment Policies › 36-8-13.5-1. Application

Sec. 1. This chapter applies to all townships except a township in which the fire department of the township has been consolidated under IC 36-3-1-6.1.
As added by P.L.65-2008, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13.5. Township Fire Department Employment Policies › 36-8-13.5-3. "Member of a Township Fire Department"

Sec. 3. As used in this chapter, "member of a township fire department" does not include a volunteer firefighter under IC 36-8-12-2.
As added by P.L.65-2008, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 13.5. Township Fire Department Employment Policies › 36-8-13.5-4. Member Residency

Sec. 4. A member of a township fire department (as defined in IC 36-8-2.2-3) is not subject to residency requirements but must:
(1) have adequate means of transportation into the jurisdiction served by the member's township fire department; and
(2) maintain telephone service to communicate with the township fire department.
As added by P.L.65-2008, SEC.4. Amended by P.L.171-2019, SEC.14; P.L.122-2023, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 14. Cumulative Firefighting Building and Equipment Fund › 36-8-14-2. Purposes of Fund; Authorization

Sec. 2. (a) As used in this section, "emergency medical services" has the meaning set forth in IC 16-18-2-110.
(b) As used in this section, "volunteer fire department" has the meaning set forth in IC 36-8-12-2.
(c) The legislative body of a unit or the board of fire trustees of a fire protection district may provide a cumulative building and equipment fund under IC 6-1.1-41 for the following purposes:
(1) The:
(A) purchase, construction, renovation, or addition to buildings; or
(B) purchase of land;
used by the fire department or a volunteer fire department serving the unit.
(2) The purchase of firefighting equipment for use of the fire department or a volunteer fire department serving the unit, including making the required payments under a lease rental with option to purchase agreement made to acquire the equipment.
(3) In a municipality, the purchase of police radio equipment.
(4) The:
(A) purchase, construction, renovation, or addition to a building;
(B) purchase of land; or
(C) purchase of equipment;
for use of a provider of emergency medical services under IC 16-31-5 to the unit establishing the fund.
(d) In addition to the requirements of IC 6-1.1-41, before a cumulative fund may be established by a township fire protection district, the county legislative body which appoints the trustees of the fire protection district must approve the establishment of the fund.
[Pre-Local Government Recodification Citations: 18-6-7-1; 18-6-9-1.]
As added by Acts 1981, P.L.309, SEC.66. Amended by P.L.316-1989, SEC.2; P.L.2-1993, SEC.205; P.L.171-1994, SEC.1; P.L.17-1995, SEC.22; P.L.1-1999, SEC.102; P.L.140-2002, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 14. Cumulative Firefighting Building and Equipment Fund › 36-8-14-3. Repealed

[Pre-Local Government Recodification Citations: 18-6-7-2; 18-6-9-2.]
As added by Acts 1981, P.L.309, SEC.66. Amended by Acts 1981, P.L.45, SEC.35. Repealed by P.L.17-1995, SEC.45.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 14. Cumulative Firefighting Building and Equipment Fund › 36-8-14-4. Tax Levy; Deposit of Money

Sec. 4. (a) To provide for the cumulative building and equipment fund established under this chapter, the legislative body may levy a tax on all taxable property within the taxing district in compliance with IC 6-1.1-41. The tax rate may not exceed three and thirty-three hundredths cents ($0.0333) on each one hundred dollars ($100) of assessed valuation of property in the taxing district.
(b) As the tax is collected, it shall be deposited in a qualified public depository or depositories and held in a special fund to be known as the "building or remodeling, firefighting, and police radio equipment fund" in the case of a municipality or as the "building or remodeling and fire equipment fund" in the case of a township or fire protection district.
[Pre-Local Government Recodification Citations: 18-6-7-3; 18-6-9-3.]
As added by Acts 1981, P.L.309, SEC.66. Amended by P.L.316-1989, SEC.3; P.L.171-1994, SEC.2; P.L.17-1995, SEC.23; P.L.6-1997, SEC.213.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-1. Application of Chapter

Sec. 1. This chapter applies to the following counties:
(1) A county having a consolidated city.
(2) A county having a population of more than two hundred thousand (200,000) and less than two hundred fifty thousand (250,000).
(3) A county that adopts an ordinance providing for the county to be governed by this chapter.
However, sections 9.5, 15, 16, 17, and 18 of this chapter apply only to a county having a consolidated city.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.1; P.L.173-1990, SEC.1; P.L.12-1992, SEC.174; P.L.170-2002, SEC.164; P.L.148-2007, SEC.8; P.L.195-2007, SEC.9; P.L.119-2012, SEC.221; P.L.104-2022, SEC.201.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-2. "Board" Defined

Sec. 2. As used in this chapter, "board" means the following:
(1) In a county having a consolidated city, a board established by and operated as set forth in an ordinance of the city-county legislative body.
(2) In a county not having a consolidated city, the board of commissioners.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.2; P.L.2-1989, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-3. "Communications System" Defined

Sec. 3. As used in this chapter, "communications system" means any system:
(1) designed for the transmission of writing, signs, signals, pictures, data, and sounds of all kinds by any means, device, or apparatus; and
(2) intended for use only by public safety agencies for public purposes.
As added by P.L.82-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-5. "District" Defined

Sec. 5. As used in this chapter, "district" refers to the public communications systems and computer facilities district created by section 7 of this chapter.
As added by P.L.82-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-6. "Facility" Defined

Sec. 6. As used in this chapter, "facility" means computers and communication systems or any necessary appurtenances and improvements thereto, including real and personal property required to house such facilities and all equipment, apparatus, devices, and instrumentalities required for the proper operation of the facility or facilities.
As added by P.L.82-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-7. Creation of District

Sec. 7. (a) This subsection applies to a county having a consolidated city. The ____________ (name of consolidated city) __________________ public safety communications systems and computer facilities district is created in the county as a special taxing district of the consolidated city. The territory of the district includes the entire county.
(b) This subsection applies to a county not having a consolidated city. The _________________ (name of county) _______________ public safety communications systems district may be created in the county as a special taxing district by an ordinance adopted before July 1 of a year by the county legislative body. The territory of the district includes the unincorporated area of the county, plus any municipality in the county in which the legislative body before July 1 of a year adopts an ordinance to join the district and to have its public safety agencies served by the district.
(c) This subsection applies to a county not having a consolidated city. The legislative body of any township in the county may, by adopting a resolution before July 1 of a year, authorize a township agency to be served by the district.
(d) An ordinance or resolution adopted under subsection (b) or (c) may be rescinded before July 1 of a year.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-8. Purposes

Sec. 8. The purposes of the district are the following:
(1) To provide and maintain modern, dependable, and efficient public safety communications systems within the district for the purpose of promoting the expeditious delivery of public services to the residents and taxpayers throughout the district in order to assure the public health, safety, morals, and general welfare.
(2) In a county having a consolidated city, to provide computers for the efficient functioning of governmental offices for the benefit of the residents and taxpayers throughout the district.
These purposes are public purposes for which public money may be spent and private property may be provided. The general assembly finds and declares that the facilities needed to accomplish these purposes are local public improvements.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-9. Governing Body; Powers; Establishment of a Public Safety Communications Commission

Sec. 9. (a) The board is the governing body of the district.
(b) The board may do the following:
(1) Finance, purchase, acquire, lease, erect, install, construct, equip, upgrade, operate, and maintain facilities.
(2) Sue, be sued, plead, and be impleaded.
(3) Condemn, appropriate, lease, rent, purchase, and hold any real or personal property needed or considered useful in connection with facilities.
(4) Acquire real or personal property by gift, devise, or bequest, and hold, use, or dispose of that property for purposes authorized by this chapter.
(5) Design, order, contract for, construct, and equip any facilities.
(6) Employ architects, engineers, attorneys, auditors, clerks, construction managers, and other employees necessary for the financing, erection, and equipping of facilities.
(7) Make and enter into all contracts and agreements necessary or incidental to accomplishing the purposes of the district.
(c) In a county not having a consolidated city, the board shall establish a public safety communications commission representing the public safety agencies that are served by the district. The members of this commission are:
(1) one (1) person appointed by the county executive;
(2) one (1) person appointed by the county fiscal body;
(3) one (1) person appointed by the executive of each city in the district; and
(4) the county sheriff.
Members serve for four (4) year terms. The county legislative body shall provide by ordinance for the length of each initial term so that the result is staggered terms for commission members.
(d) In a county not having a consolidated city, the chief law enforcement and fire safety officers of each participating unit shall constitute a technical advisory committee to advise the board and the public safety communications commission upon request.
(e) In a county not having a consolidated city, the commission established under this section shall operate any public safety communications system established under this chapter. In a county having a consolidated city, the board shall operate any public safety communications system established under this chapter.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.5; P.L.2-1989, SEC.50.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-9.5. Combined or Shared Communications Systems

Sec. 9.5. (a) This section applies to a county having a consolidated city.
(b) The communications system may be combined or shared with the public service radio system.
(c) The board may do the following for the combined or shared system:
(1) Authorize expenditures from the district's operational funds.
(2) Exercise all of the powers listed in section 9 of this chapter.
(d) The board may not do the following for the combined or shared system:
(1) Authorize expenditures for facilities or services related only to public service radio.
(2) Have authority over planning or other decisions for public service radio.
As added by P.L.173-1990, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-10. Resolution Stating Necessity and Purpose; Plans and Specifications; Estimated Cost

Sec. 10. Whenever the board determines that:
(1) it is necessary for the general welfare of the persons residing within the district; and
(2) it will be of public utility and benefit to the property in the district to undertake and carry out any project of purchasing, acquiring, erecting, installing, constructing, equipping, or upgrading of facilities within the district;
the board shall adopt a resolution stating the necessity of the project and the board's purpose in proceeding with the project. The board, as a part of the resolution, shall adopt the plans and specifications proposed for the entire project and shall determine the estimated cost of all work and all acquisitions necessary to carry out the project.
As added by P.L.82-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-11. Resolution; Public Inspection; Notice

Sec. 11. (a) The resolution and all matters included with the resolution shall be filed and open to inspection by the public at the office of the board.
(b) The board shall give notice of:
(1) the adoption and general purport of the resolution;
(2) the fact that the resolution and included material have been prepared and are on file in the office of the board and may be inspected; and
(3) the fact that on a date named, the board will receive and hear objections from any persons interested in or who will be affected by the proposed project.
The notice shall be published in accordance with IC 5-3-1.
As added by P.L.82-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-12. Objections; Hearing

Sec. 12. At or before the time fixed for the hearing designated in the notice published under section 11 of this chapter, any person interested in or who will be affected by the proposed project may file with the board a written objection against the proposed project, in whole or in part. At the hearing the board:
(1) shall hear all persons who are interested in the proceedings;
(2) shall finally determine whether the proposed project, in whole or in part, is necessary for the general welfare of the persons residing within the district and will be a public utility and benefit to the property in the district; and
(3) may confirm, modify, or rescind the resolution.
The decision shall be entered in the records of the board.
As added by P.L.82-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-13. Letting of Contracts; Modification of Projects

Sec. 13. After final approval of the resolution by the board, the board shall proceed with the project, or any part thereof, and shall let all contracts, upon separate plans and specifications, in accordance with IC 5-22, IC 36-1-10, IC 36-1-12, and IC 36-9-13. The projects authorized may be modified by the board if it considers modification necessary to carry out the purpose of the resolution, so long as the modifications do not increase the estimate of the total cost of the project as adopted in the final resolution. All other changes must be processed as new resolutions.
As added by P.L.82-1985, SEC.3. Amended by P.L.2-1989, SEC.51; P.L.49-1997, SEC.82.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-14. Special Benefit Tax

Sec. 14. All taxable property located within the district is subject to a special benefit tax for the purpose of providing money to pay the total cost of the project, including all necessary incidental expenses of programming, planning, and designing the project. The tax shall constitute the amount of benefits resulting to all of that property from the project and shall be levied as provided in this chapter.
As added by P.L.82-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-15. Bonds; Issuance; Amount

Sec. 15. (a) For the purpose of raising money to pay for any real or personal property to be acquired for a project within the district or to pay for the purchasing, acquiring, erecting, installing, constructing, equipping, or upgrading of a facility within the district, and in anticipation of the special benefit tax, the board may cause bonds to be issued in the name of the consolidated city (in counties having a consolidated city) for the benefit of the district. In a county having a consolidated city, the bonds shall be issued in accordance with IC 36-3-5-8.
(b) The bonds may be in an amount not to exceed the estimated cost of all real and personal property to be acquired and the estimated cost of the facilities, including all expenses necessarily incurred in connection with the proceedings, together with a sum sufficient to pay the costs of supervision and inspection during the period of construction and all costs of programming, planning, and designing the facilities. The expenses to be covered in the amount of the bond issue include all expenses of every kind actually incurred preliminary to the acquisition of property and the installation of the facilities, such as the cost of necessary records, engineering expenses, publication of notices, salaries, the letting of contracts, and the sale of bonds.
(c) The bonds issued may not exceed the estimates for the project as determined in the resolution adopted by the board under section 12 of this chapter.
(d) Any surplus of bond proceeds remaining after all costs and expenses have been fully paid shall be paid into the public communications systems and computer facilities district bond fund. The board may appropriate the proceeds of the bonds.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-15.2. Persons Authorized to Lease Facilities

Sec. 15.2. (a) Any of the following persons may lease facilities referred to in section 15.1 of this chapter to a board:
(1) A not-for-profit or for-profit corporation organized under Indiana law or admitted to do business in Indiana.
(2) An authority established under IC 36-9-13.
(b) Notwithstanding any other law, a lessor under this section and section 15.1 of this chapter is a qualified entity for purposes of IC 5-1.4-1-10.
As added by P.L.2-1989, SEC.53.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-16. Bonds; Limitation on Total Issue; Nature of Bonds

Sec. 16. (a) The total issue of bonds under section 15 of this chapter, for purposes of the district, including bonds already issued or to be issued, may not exceed one percent (1%) of the adjusted value of the taxable property within the district, as determined under IC 36-1-15. All bonds or obligations issued in violation of this subsection are void.
(b) Bonds issued under section 15 of this chapter are not, in any respect, corporate obligations or indebtedness of the consolidated city but constitute an indebtedness of the district. The bonds and interest on them are payable only out of revenues of the district. Bonds must recite these terms upon their face.
As added by P.L.82-1985, SEC.3. Amended by P.L.6-1997, SEC.214.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-17. Proceeds; Disposition; Public Communications Systems and Computer Facilities District Bond Fund

Sec. 17. All proceeds from the sale of bonds issued under section 15 of this chapter shall be kept as a separate and specific fund to be known as the public communications systems and computer facilities district bond fund. The bond fund shall be used to pay for the cost of acquisition of real and personal property, the cost of the installation of the facilities, and all costs and expenses incurred in connection therewith, and no part may be used for any other purpose. The bond fund shall be deposited at interest with a depository or depositories of other public funds of the consolidated city, and all interest collected on it belongs to the bond fund.
As added by P.L.82-1985, SEC.3.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 15. Public Safety Communications Systems and Computer Facilities Districts › 36-8-15-18. Counties Having Consolidated Cities; Special Property Tax; Disposition of Revenue; Public Communications Systems and Computer Facilities District Revenue Fund

Sec. 18. (a) This section applies to a county having a consolidated city.
(b) For the purpose of raising money to pay off bonds issued under section 15 of this chapter and any interest on them, the county fiscal body may levy each year a special tax upon all of the property located within the district, in such manner as to meet and pay the principal of the bonds as they severally mature, together with all accruing interest on them. Other revenues and funds may be annually allocated by statute or ordinance to be applied to reduction of the bonds and their interest for the next succeeding year, but to the extent that money on hand is insufficient for payments required in the next succeeding year, the special tax shall be levied.
(c) The tax collected and all other allocated money shall be accumulated and kept in a separate fund to be known as the public communications systems and computer facilities district revenue fund, and shall be applied to the payment of the district bonds and interest as they severally mature and fiscal agency charges for making such payments and to no other purposes. All accumulations may be deposited, at interest, with one (1) of the depositories of other funds of the consolidated city, and all interest collected belongs to the fund.
As added by P.L.82-1985, SEC.3. Amended by P.L.225-1986, SEC.7.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-1. "Board"

Sec. 1. As used in this chapter, "board" refers to the statewide 911 board established by IC 36-8-16.7-24.
As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.13.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-2. "Consumer"

Sec. 2. As used in this chapter, "consumer" means a person that purchases prepaid wireless telecommunications service from a seller. The term includes a prepaid user.
As added by P.L.113-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-3.5. "Eligible Telecommunications Carrier"

Sec. 3.5. As used in this chapter, "eligible telecommunications carrier" refers to a provider that is designated by the Indiana utility regulatory commission as an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission.
As added by P.L.36-2016, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-4. "Enhanced Prepaid Wireless Charge"

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.
As added by P.L.113-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-5. "Fund"

Sec. 5. As used in this chapter, "fund" refers to the statewide 911 fund established by IC 36-8-16.7-29.
As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.14.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-6. "Prepaid User"

Sec. 6. As used in this chapter, "prepaid user" refers to a user of prepaid wireless telecommunications service who:
(1) is issued an Indiana telephone number or an Indiana identification number for the service; or
(2) purchases prepaid wireless telecommunications service in a retail transaction that is sourced to Indiana (as determined under IC 6-2.5-12-16).
As added by P.L.113-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-7. "Prepaid Wireless Telecommunications Service"

Sec. 7. As used in this chapter, "prepaid wireless telecommunications service" means a prepaid wireless calling service (as defined in IC 6-2.5-1-22.4) that allows a user of the service to reach emergency services by dialing the digits nine (9) one (1) one (1).
As added by P.L.113-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-9. "Retail Transaction"

Sec. 9. (a) As used in this chapter, "retail transaction" means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale.
(b) The term does not include a transaction in which an eligible telecommunications carrier receives Lifeline reimbursement from the universal service fund.
As added by P.L.113-2010, SEC.151. Amended by P.L.36-2016, SEC.2.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-10. "Seller"

Sec. 10. As used in this chapter, "seller" means a person that sells prepaid wireless telecommunications service to another person, including a retail merchant that meets one (1) or both of the economic thresholds under IC 6-2.5-2-1(d).
As added by P.L.113-2010, SEC.151. Amended by P.L.159-2021, SEC.42.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-12. Collection of Fee by Seller

Sec. 12. (a) A seller shall collect the enhanced 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 prepaid wireless charge. The seller may separately state the amount of the enhanced 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 prepaid wireless charges to the department at the time and in the manner prescribed by the department.
As added by P.L.113-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-13. Consumer's Liability for Charge; Seller's Obligation to Remit Charges Collected

Sec. 13. The enhanced 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 prepaid wireless charges that the seller collects from consumers under section 12 of this chapter, including all charges that the seller is 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.
As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.16; P.L.36-2016, SEC.4.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-14. Exclusion of Fee From Calculation of Certain Taxes and Other Charges

Sec. 14. The amount of the enhanced 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.
As added by P.L.113-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-15. Seller's or Eligible Telecommunications Carrier's Allowance for Collection

Sec. 15. A seller or an eligible telecommunications carrier may deduct and retain one percent (1%) of charges that the seller or eligible telecommunications carrier collects from consumers under section 11 or 12 of this chapter, to reimburse the direct costs incurred by the seller or eligible telecommunications carrier in collecting and remitting the charges.
As added by P.L.113-2010, SEC.151. Amended by P.L.36-2016, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-16. Audits of Seller Records

Sec. 16. (a) A seller is subject to the same audit and appeal procedures with respect to the collection and remittance of enhanced 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.
As added by P.L.113-2010, SEC.151. Amended by P.L.181-2015, SEC.49.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-17. Administrative Guidance; Audits; Reports

Sec. 17. (a) The department, in conjunction and coordination with the board, shall establish procedures:
(1) governing the collection and remittance of enhanced 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 prepaid wireless charges by small sellers.
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.
As added by P.L.113-2010, SEC.151. Amended by P.L.157-2015, SEC.5.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-18. Department's Duty to Deposit Remitted Charges in Fund; Board to Administer Money in Fund

Sec. 18. (a) The department shall deposit all remitted enhanced 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.
As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.17.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-19. Limitation on Liability of Seller

Sec. 19. A seller of prepaid wireless telecommunications service is not liable for damages to a person resulting from or incurred in connection with the following:
(1) Providing or failing to provide 911 or wireless 911 services.
(2) Identifying or failing to identify the telephone number, address, location, or name associated with a person or device that accesses or attempts to access 911 or wireless 911 service.
(3) Providing lawful assistance to an investigative or law enforcement officer of the United States, a state, or a political subdivision of a state in connection with a lawful investigation or other law enforcement activity by the law enforcement officer.
As added by P.L.113-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-20. Limitation on Additional Fees

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 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).
As added by P.L.113-2010, SEC.151. Amended by P.L.132-2012, SEC.18.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.6. Enhanced Prepaid Wireless Telecommunications Service Charge › 36-8-16.6-21. Collection of Fees Directly From Purchaser or Consumer

Sec. 21. The following are not required to take legal action to enforce the collection of an enhanced 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.
As added by P.L.113-2010, SEC.151.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-1. "Affiliate"

Sec. 1. As used in this chapter, "affiliate" has the meaning set forth in IC 23-1-43-1. The term includes a parent company or a subsidiary.
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-2. "Automatic Location Information"

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.
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-3. "Automatic Number Identification"

Sec. 3. As used in this chapter, "automatic number identification" has the meaning set forth in 47 CFR 20.3.
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-4. "Board"

Sec. 4. As used in this chapter, "board" refers to the statewide 911 board established by section 24 of this chapter.
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-5. "Cmrs"

Sec. 5. As used in this chapter, "CMRS" refers to commercial mobile radio service (as defined in 47 CFR 20.3).
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-6. "Cmrs Provider"

Sec. 6. As used in this chapter, "CMRS provider" means a person that offers CMRS to users in Indiana.
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-7. "Communications Service"

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 connecting a 911 communication 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).
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-8. "Customer"

Sec. 8. (a) As used in this chapter, except as provided in subsection (b), "customer" means:
(1) the person or entity that contracts with a provider for communications service; or
(2) if the end user of communications service is not the contracting party, the end user of the communications service.
However, subdivision (2) applies only for the purpose of determining the place of primary use.
(b) The term does not include:
(1) a reseller of communications service; or
(2) a provider other than the customer's provider that has an arrangement with the customer's provider to serve the customer outside the licensed service area of the customer's provider.
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-8.7. "Eligible Telecommunications Carrier"

Sec. 8.7. As used in this chapter, "eligible telecommunications carrier" refers to a provider that is designated by the Indiana utility regulatory commission as an eligible telecommunications carrier for purposes of receiving Lifeline reimbursement from the universal service fund through the administrator designated by the Federal Communications Commission.
As added by P.L.36-2016, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-9. "Enhanced 911 Service"

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.
As added by P.L.132-2012, SEC.20.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-10. "Exchange Access Facility"

Sec. 10. (a) As used in this chapter, "exchange access facility" means the access from a particular service user's premises to a telephone system.
(b) Regardless of technology, the term includes:
(1) an access line;
(2) a private branch exchange; (PBX) trunk; and
(3) a centrex line trunk equivalent;
that is provided by the service supplier. The term also includes a mobile telephone system access trunk, whether the trunk is provided by a telephone company or a radio common carrier.
(c) The term does not include:
(1) a service supplier owned and operated telephone pay station line;
(2) a wide area telecommunications service (WATS) line;
(3) a foreign exchange (FX) line;
(4) an incoming only line; or
(5) the provision of broadband Internet access service.
As added by P.L.132-2012, SEC.20. Amended by P.L.157-2015, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 8. Public Safety › Chapter 16.7. Statewide 911 Services › 36-8-16.7-12. "Fund"

Sec. 12. As used in this chapter, "fund" refers to the statewide 911 fund established by section 29 of this chapter.
As added by P.L.132-2012, SEC.20.