HB 1378-1_ Filed 01/29/2002, 15:10
Adopted 1/29/2002
Text Box
Adopted Rejected
[
]
COMMITTEE REPORT
YES:
11
NO:
0
MR. SPEAKER:
Your Committee on Commerce, Economic Development and Technology , to which
was referred House Bill 1378 , has had the same under consideration and begs leave to
report the same back to the House with the recommendation that said bill be amended as
follows:
Delete the title and insert the following:
A BILL FOR AN ACT concerning utilities and transportation.
Delete everything after the enacting clause and insert the following:
SOURCE: IC 8-1-9-6; (02)CR137801.1. -->
SECTION 1.
IC 8-1-9-6
IS ADDED TO THE INDIANA CODE AS
A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1,
2002]: Sec. 6. (a) This section applies to a city having a population
of more than forty-six thousand five hundred (46,500) but less than
fifty thousand (50,000).
(b) The department of transportation shall:
(1) grant the city access to the highway rights-of-way:
(A) maintained and owned by the Indiana department of
transportation; and
(B) located in the city; and
(2) permit the city to install water and sewer lines:
(A) in the highway rights-of-way maintained and owned by
the Indiana department of transportation and located in
the city; and
(B) beginning not more than twenty (20) feet from the curb
(as defined in
IC 8-23-1-18
).
SOURCE: IC 36-8-16.5-5; (02)CR137801.2. -->
SECTION 2.
IC 36-8-16.5-5
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 5. As used in this
chapter, "CMRS" refers to the commercial mobile radio service (as
defined by 47 U.S.C. 332(d)(1)). The term includes the following:
(1) Services commonly referred to as wireless.
(2) Services provided by a wireless real time two-way voice
communication device, including radio-telephone
communications used in:
(A) cellular telephone service;
(B) personal communications service; or
(C) the functional or competitive equivalent of a
radio-telephone communications line used in:
(i) cellular telephone service;
(ii) a personal communications service; or
(iii) a network radio access line.
(3) Any other wireless service that provides the user with
direct access to a PSAP through the placement of a 911 call.
SOURCE: IC 36-8-16.5-14; (02)CR137801.3. -->
SECTION 3.
IC 36-8-16.5-14
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 14. As used in this
chapter, "subscriber" refers to a standard subscriber for or a prepaid
subscriber of CMRS service.
SOURCE: IC 36-8-16.5-14.5; (02)CR137801.4. -->
SECTION 4.
IC 36-8-16.5-14.5
IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 14.5. As used in this chapter,
"prepaid subscriber" refers to a CMRS subscriber who pays in full
prospectively for the service and is issued an Indiana telephone
number or an Indiana identification number for the service.
SOURCE: IC 36-8-16.5-14.7; (02)CR137801.5. -->
SECTION 5.
IC 36-8-16.5-14.7
IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]:
Sec. 14.7. As used in this chapter,
"standard subscriber" refers to a CMRS subscriber who pays
retrospectively for the service and has an Indiana billing address
for the service.
SOURCE: IC 36-8-16.5-18; (02)CR137801.6. -->
SECTION 6.
IC 36-8-16.5-18
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 18. (a) The wireless
enhanced 911 advisory board is established. The board is a body
corporate and politic, and though it is separate from the state, the
exercise by the board of its powers constitutes an essential
governmental function.
(b) The following recommendations must be made to the governor
concerning the membership of the board:
(1) The executive committees of NENA and APCO shall jointly
recommend one (1) individual from each of the five (5) wireless
board regions established by section 17 of this chapter. three (3)
individuals.
(2) The CMRS providers authorized to provide CMRS in Indiana
shall jointly recommend five (5) three (3) individuals.
(c) The board consists of the following eleven (11) seven (7)
members:
(1) The treasurer of state or the treasurer's designee. The treasurer
of state or the treasurer's designee is chairperson of the board for
a term concurrent with the treasurer of state's term of office.
However, the treasurer of state's designee serves at the pleasure
of the treasurer of state. The treasurer of state or the treasurer's
designee may vote on an issue before the board only to break a tie
vote.
(2) Five (5) Three (3) members for a term of three (3) years who
are appointed by the governor after the governor considers the
recommendations of the executive committees of NENA and
APCO that are submitted under subsection (b)(1).
(3) Five (5) Three (3) members for a term of three (3) years who
are appointed by the governor after considering the
recommendations of the CMRS providers that are submitted
under subsection (b)(2).
(d) A member's position may be filled by the member's designee
who serves at the pleasure of the member.
(d) (e) A vacancy on the board is filled for the vacating member's
unexpired term in the same manner as the original appointment.
(e) A member may not serve more than two (2) consecutive three
(3) year terms on the board.
(f) Each member appointed under subsection (c)(2) or (c)(3) shall
submit the name of a designee to the board. The board shall maintain
a list of approved designees. A member appointed under subsection
(c)(2) or (c)(3) may appoint a listed designee to fill the member's
position under subsection (d) or to act on behalf of the member at
a meeting of the board. The designee serves at the pleasure of the
appointing member.
(g) A member may vote by proxy through another member.
SOURCE: IC 36-8-16.5-19; (02)CR137801.7. -->
SECTION 7.
IC 36-8-16.5-19
, AS AMENDED BY P.L.116-2000,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 19. A majority of the members of the board
constitutes a quorum for purposes of taking action. Except as provided
in section 39(b) of this chapter, the board may take action approved by
a majority of the members of the board present at a meeting of the
board.
SOURCE: IC 36-8-16.5-24; (02)CR137801.8. -->
SECTION 8.
IC 36-8-16.5-24
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 24. The board shall
select a third party to audit the fund every two (2) years to determine
whether the fund is being managed in accordance with this chapter.
The third party auditor shall provide the audit to the board to use in
determining whether to adjust the emergency wireless 911 fee under
section 26 of this chapter. The board shall pay for an audit by the third
party auditor as an administrative cost of the board. If the third party
auditor finds that the wireless enhanced 911 fee structure does not
reflect the actual costs required by the PSAPs and CMRS providers, the
board shall reduce the fee to reflect the actual costs required by the
PSAPs and CMRS providers.
SOURCE: IC 36-8-16.5-25; (02)CR137801.9. -->
SECTION 9.
IC 36-8-16.5-25
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 25. Except as provided
in section 34 of this chapter, the board shall assess a monthly
emergency wireless emergency enhanced 911 fee on each CMRS
mobile telephone number that has a billing address in Indiana.
subscriber.
SOURCE: IC 36-8-16.5-26; (02)CR137801.10. -->
SECTION 10.
IC 36-8-16.5-26
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 26. The board may
adjust the
emergency wireless
emergency enhanced 911 fee that is
assessed under section 25 of this chapter. The board shall assess the
fees at rates that ensure full recovery over a reasonable period of time
of costs incurred by CMRS providers and PSAPs to develop and
maintain an enhanced wireless 911 system. The fees may not:
(1) be raised or lowered more than one (1) time in a calendar year;
(2) be raised more than seven cents ($0.07) by an adjustment; or
(3) exceed one dollar ($1) per month for each telephone number.
SOURCE: IC 36-8-16.5-30; (02)CR137801.11. -->
SECTION 11.
IC 36-8-16.5-30
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 30. Except as provided
in section 34 of this chapter, each CMRS provider as part of its
monthly billing process, shall bill each CMRS mobile telephone
number for collect the emergency wireless emergency enhanced 911
fee The as follows:
(1) A CMRS provider shall collect the fee from each standard
subscriber as part of its normal monthly billing process and
may list the fee as a separate line item on each bill. If a CMRS
provider receives a partial payment for a monthly bill from a
CMRS standard subscriber, the CMRS provider shall apply the
payment against the amount the CMRS standard subscriber owes
to the CMRS provider before applying the payment against the
fee.
(2) A CMRS provider shall collect and remit to the board
under section 36 of this chapter fees from its prepaid
subscribers in an amount equal to the fee amount multiplied
by the number of active prepaid subscriber accounts on the
last day of each calendar month.
SOURCE: IC 36-8-16.5-31; (02)CR137801.12. -->
SECTION 12.
IC 36-8-16.5-31
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 31. A CMRS provider,
as part of its monthly billing process, may not pro-rate the monthly
emergency wireless emergency enhanced 911 fee collected from the
subscriber.
SOURCE: IC 36-8-16.5-32; (02)CR137801.13. -->
SECTION 13.
IC 36-8-16.5-32
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 32. A CMRS provider
is not required to take legal action to enforce the collection of the
emergency wireless emergency enhanced 911 fee for which a
subscriber is billed. However, a collection action may be initiated by
the board. A court finding for the board in the action may award
reasonable costs and attorney's fees associated with the collection
action.
SOURCE: IC 36-8-16.5-33; (02)CR137801.14. -->
SECTION 14.
IC 36-8-16.5-33
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 33. The wireless
emergency enhanced 911 fee is exempt from state and local taxation.
SOURCE: IC 36-8-16.5-34; (02)CR137801.15. -->
SECTION 15.
IC 36-8-16.5-34
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 34. A CMRS number
is exempt from the emergency wireless emergency enhanced 911 fee
if the subscriber 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.
SOURCE: IC 36-8-16.5-35; (02)CR137801.16. -->
SECTION 16.
IC 36-8-16.5-35
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 35. A CMRS provider
may keep two percent (2%) of the emergency wireless emergency
enhanced 911 fee collected each month from each subscriber for the
purpose of defraying the administrative costs of collecting the fee.
SOURCE: IC 36-8-16.5-38; (02)CR137801.17. -->
SECTION 17.
IC 36-8-16.5-38
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 38. To recover costs
under section 37 of this chapter, a CMRS provider must submit a full,
sworn, true, complete, and detailed cost recovery plan. The board must
approve the plan before the CMRS provider may recover costs from the
fund under section 37 of this chapter. The board may not approve an
invoice if:
(1) reimbursement of a cost described in the invoice is not related
to compliance with the requirements of the FCC order; or
(2) payment of the invoice would result in payment of more than
one hundred twenty-five percent (125%) of the total amount
contributed to the fund by a CMRS provider;
unless the board approved the cost before it was incurred by the CMRS
provider.
SOURCE: IC 36-8-16.5-39; (02)CR137801.18. -->
SECTION 18.
IC 36-8-16.5-39
, AS AMENDED BY P.L.116-2000,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 39. (a) Except as provided by section 26 of this
chapter and subsection (b), the fund must be managed in the following
manner:
(1) Three cents ($0.03) of the
emergency wireless
emergency 911
fee collected from each subscriber must be
held deposited in an
interest bearing escrow account to be used
for to reimburse
CMRS providers and PSAPs for costs associated with
implementation of phase two (2) of the FCC order. The board
may invest money in the account in the manner prescribed by
section 23 of this chapter and may use the proceeds of the
investments to reimburse CMRS providers and PSAPs under
this subdivision. The board shall reevaluate the fees placed into
escrow not later than May 1, 2000. The board shall determine if
the fee should be reduced, remain the same, or be increased based
on the latest information available concerning the costs associated
with phase two (2) of the FCC order.
(2) At least twenty-five cents ($0.25) of the emergency wireless
emergency 911 fee collected from each subscriber must be held
deposited in an escrow account and used to reimburse CMRS
providers for the actual costs incurred by the CMRS providers in
complying with the wireless 911 requirements established by the
FCC order and rules that are adopted by the FCC under the FCC
order, including costs and expenses incurred in designing,
upgrading, purchasing, leasing, programming, installing, testing,
or maintaining all necessary data, hardware, and software
required to provide service as well as the costs of operating the
service. The board may invest money in the account in the
manner prescribed by section 23 of this chapter and may use
the proceeds of the investments to reimburse CMRS providers
under this subdivision. Except as provided by section 38 of this
chapter, the carrier CMRS provider may only request funds for
true cost recovery. The board may increase the amount held in
escrow under this subdivision not more than one (1) time a
calendar year. If the board adjusts the emergency wireless
emergency 911 fee under section 26 of this chapter within a
calendar year, an adjustment to the amount held in escrow under
this subdivision for the calendar year must be made at that time.
(3) Two percent (2%) of the emergency wireless emergency 911
fee collected from each subscriber may be used by the board to
recover the board's expenses in administering this chapter.
However, the board may increase this percentage at the time the
board may adjust the monthly fee assessed against each CMRS
mobile telephone number subscriber to allow for full recovery of
administration expenses.
(4)
Money remaining in the fund The remainder of the wireless
emergency 911 fee collected from each subscriber must be
held
in escrow and used for monthly distributions to eligible PSAPs
that provide wireless enhanced 911 service and that have
submitted written notice to the board. The board shall maintain a
list of eligible PSAPs. The fund held in escrow under this
subdivision must be distributed in the following manner:
(A)
Ninety-eight percent (98%) must be distributed among
The
board shall distribute on a monthly basis to each
county containing one (1) or more eligible PSAPs,
as
identified by the county in the notice required under
section 40 of this chapter, a part of the remainder based
upon the
county's percentage of the state's population (as
reported in the most recent official United States census).
served by each PSAP. A county must use a distribution
received under this clause to reimburse PSAPs that:
(i) are identified by the county under section 40 of this
chapter as eligible for distributions; and
(ii) accept wireless enhanced 911 service;
for actual costs incurred by the PSAPs in complying with
the wireless enhanced 911 requirements established by the
FCC order and rules.
(B)
Two percent (2%) The amount of the fee remaining, if
any, after the distributions required under clause (A) must
be distributed
among the eligible PSAPs under a formula:
(i) established by the board; and
(ii) based on a PSAP's CMRS 911 call volume. in equal
shares between the escrow accounts established under
subdivisions (1) and (2).
(b) Notwithstanding the requirements described in subsection (a),
the board may transfer money between and among the accounts in
subsection (a) in accordance with the following procedures:
(1)
A transfer must be approved by the affirmative vote of at least
eight (8) board members. For purposes of acting under this
subsection, the board must have a quorum consisting of at
least one (1) member appointed under section 18(c)(2) of this
chapter and at least one (1) member appointed under section
18(c)(3) of this chapter.
(2)
A transfer under this subsection must be approved by the
affirmative vote of:
(A) at least fifty percent (50%) of the members present at
a duly called meeting of the board who are appointed
under section 18(c)(2) of this chapter; and
(B) at least fifty percent (50%) of the members present at
a duly called meeting of the board who are appointed
under section 18(c)(3) of this chapter.
(3) The board may make transfers only one (1) time during a
calendar year.
(3) (4) The board may not make a transfer that:
(A) impairs cost recovery by CMRS providers or PSAPs; or
(B) impairs the ability of the board to fulfill its management
and administrative obligations described in this chapter.
SOURCE: IC 36-8-16.5-40; (02)CR137801.19. -->
SECTION 19.
IC 36-8-16.5-40
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 40. To be eligible to
receive distributions from the fund under section 39 of this chapter, a
PSAP must comply with the wireless enhanced 911 requirements
established by the FCC order and rules. adopted by the FCC under the
FCC order. Distribution A county containing one (1) or more eligible
PSAPs shall submit a written notice to the board that identifies
each PSAP that complies with the FCC order and rules.
Distributions under section 39 of this chapter to a PSAP county
containing one (1) or more eligible PSAPs must begin in the first full
month after the PSAP becomes eligible. board receives the county's
written notice under this section. The county treasurer shall
deposit the distributions as prescribed in section 43 of this chapter.
SOURCE: IC 36-8-16.5-42; (02)CR137801.20. -->
SECTION 20.
IC 36-8-16.5-42
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 42. (a) A CMRS
provider shall submit to the board sworn invoices related to a request
for reimbursement under section 39 of this chapter.
An invoice
submitted under this section must contain language swearing or
affirming, under the penalty of perjury, that the representations
made in the invoice are accurate to the best of the signer's
knowledge. The signer must be:
(1) an employee or officer of the CMRS provider submitting
the invoice; and
(2) designated by the CMRS provider to sign on its behalf and
bind the CMRS provider to the representations made.
The board may not approve an invoice for submitted under this
section if reimbursement of costs that are a cost described in the
invoice is not related to compliance with the wireless enhanced 911
service requirements established by of the FCC order and the rules
adopted by the FCC under the FCC order.
(b) If:
(1) the board receives a written complaint alleging that a CMRS
provider has used money received under this chapter in a manner
that is inconsistent with this chapter; and
(2) a majority of the board votes to conduct an audit of the CMRS
provider;
the board may contract with a third party auditor to audit the CMRS
provider to determine whether the CMRS provider has used money
received under this chapter in a manner consistent with this chapter.
SOURCE: IC 36-8-16.5-43; (02)CR137801.21. -->
SECTION 21.
IC 36-8-16.5-43
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 43. The distribution of
emergency wireless emergency enhanced 911 funds to the PSAPs by
the board for cost recovery by PSAPs under section 39 of this
chapter must be deposited by a the county treasurer or a municipal
fiscal officer in a separate fund set aside for the purposes allowed by
section 41 of this chapter. The fund must be known as the ______
(insert name of county) or municipality) wireless emergency telephone
system fund. The county treasurer or the municipal fiscal officer may
invest money in the fund in the same manner that other money of the
county or municipality may be invested, but income earned from the
investment must be deposited in the fund set aside under this section.
SOURCE: IC 36-8-16.5-46; (02)CR137801.22. -->
SECTION 22.
IC 36-8-16.5-46
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 46. Notwithstanding
any other law, the board, a PSAP, political subdivision, CMRS
provider, local exchange company, or an employee, director, officer, or
agent of a PSAP, political subdivision, CMRS provider, or local
exchange company,
or a member of the board or the board chair, or
an employee, an agent, or a representative of the board chair is not
liable for damages in a civil action or subject to criminal prosecution
resulting from death, injury, or loss to persons or property incurred by
any person in connection with establishing, developing, implementing,
maintaining, operating, and providing
enhanced wireless 911 service
in compliance with the requirements established by the FCC order and
rules adopted under the FCC order, except in the case of willful or
wanton misconduct.
SOURCE: IC 36-8-16.5-17; (02)CR137801.23. -->
SECTION 23.
IC 36-8-16.5-17
IS REPEALED [EFFECTIVE JULY
1, 2002].
SOURCE: ; (02)CR137801.24. -->
SECTION 24. [EFFECTIVE JULY 1, 2002] Notwithstanding
IC 36-8-16.5-18
, as amended by this act, a member appointed to the
wireless enhanced 911 advisory board under
IC 36-8-16.5-18
(c)(2),
before its amendment by this act, or under
IC 36-8-16.5-18
(c)(3),
before its amendment by this act, shall continue to serve on the
board until the expiration of the member's term. The governor
may not make a reappointment to any vacancy in the board under
IC 36-8-16.5-18
(c)(2) or
IC 36-8-16.5-18
(c)(3), both as amended by
this act, until the total number of members of the board complies
with the total number of members of the board required by
IC 36-8-16.5-18
, as amended by this act.
SOURCE: ; (02)CR137801.25. -->
SECTION 25. [EFFECTIVE UPON PASSAGE] (a) As used in this
SECTION, "department" refers to the Indiana department of
transportation.
(b) Not later than July 1, 2002, the department shall form a task
force to identify barriers to the development of a multi-tenant
conduit system for fiber optic communications to be located in the
highway rights-of-way maintained and owned by the department.
(c) The task force formed under subsection (b) shall submit its
findings to the executive director of the legislative services agency
not later than November 1, 2002.
(d) This SECTION expires December 31, 2003.
SOURCE: ; (02)CR137801.26. -->
SECTION 26.
An emergency is declared for this act.
(Reference is to HB 1378 as introduced.)
and when so amended that said bill do pass.
__________________________________
CR137801/DI 103 2002