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HOUSE BILL No. 1283

Citations Affected: IC 8-1-19.5-11; IC 36-8-16-14.

Synopsis: Funding of 211 services. Provides that if a local government unit's emergency telephone system fund contains sufficient funds to pay all expenses of the unit's enhanced emergency telephone system, the unit's legislative body may appropriate any funds not needed to pay the expenses of the system to support the provision of 211 services (for human services information and referral services) in a 211 service area that includes the unit. Provides that a unit that seeks to appropriate excess emergency telephone system fees for 211 services must coordinate with: (1) the recognized 211 service provider for the 211 service area that includes the unit; and (2) the utility regulatory commission; to direct the funds to the 211 services account for subsequent disbursement, in the form of a grant, to the 211 service provider serving the unit. Amends the statute establishing the 211 services account within the state general fund to: (1) allow for the appropriation of excess emergency telephone system fees to the account by local units; and (2) specify that such appropriations must be disbursed from the account as grants to the 211 service providers serving the units making the appropriations.

Effective: July 1, 2010.

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VanDenburgh

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    January 12, 2010, read first time and referred to Committee on Commerce, Energy, Technology and Utilities.

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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 2009 Regular and Special Sessions of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning local government and to make an appropriation.

SOURCE: IC 8-1-19.5-11; (10)IN1283.1.1. -->     SECTION 1. IC 8-1-19.5-11, AS AMENDED BY P.L.2-2005, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) The 211 services account is established in the state general fund to make 211 services available throughout Indiana. The account shall be administered by the commission.
    (b) The account consists of the following:
        (1) Money appropriated to the account by the general assembly.
         (2) Money appropriated to the account by a unit under IC 36-8-16-14(f).
        (2) (3) Funds received from the federal government for the support of 211 services in Indiana.
        (3) (4) Investment earnings, including interest, on money in the account.
        (4) (5) Money from any other source, including gifts and grants.
    (c) Money in the account is continuously appropriated for the purposes of this section. Money appropriated to the account under subsection (b)(2) must be used for a grant described in subsection

(e)(4) to the recognized 211 service provider whose 211 service area includes the unit making the appropriation. A grant made to a recognized service provider under this subsection must be used by the recognized 211 service provider for any of the purposes described in subsection (e)(4) to be carried out:
        (1) throughout the 211 service area that includes the unit; or
        (2) in a part of the 211 service area that must encompass the unit.
    (d) The commission shall annually prepare a plan for the expenditure of the money in the account. The plan must be reviewed by the state budget committee before the commission may make expenditures from the fund.
    (e) Money in the account may be spent for the following purposes:
        (1) The creation of a structure for a statewide 211 resources data base that:
            (A) meets the Alliance for Information Referral Systems standards for information and referral systems data bases; and
            (B) is integrated with a local resources data base maintained by a recognized 211 service provider.
        Permissible expenditures under this subdivision include expenditures for planning, training, accreditation, and system evaluation.
        (2) The development and implementation of a statewide 211 resources data base described in subdivision (1). Permissible expenditures under this subdivision include expenditures for planning, training, accreditation, and system evaluation.
        (3) Collecting, organizing, and maintaining information from state agencies, departments, and programs that provide human services, for access by a recognized 211 service provider.
        (4) Providing grants to a recognized 211 service provider for any of the following purposes:
            (A) The design, development, and implementation of 211 services in a recognized 211 service provider's 211 service area. Funds provided under this subdivision may be used for planning, public awareness, training, accreditation, and evaluation.
            (B) The provision of 211 services on an ongoing basis after the design, development, and implementation of 211 services in a recognized 211 service provider's 211 service area.
            (C) The provision of 211 services on a twenty-four (24) hour per day, seven (7) day per week basis.
    (f) The expenses of administering the account shall be paid from

money in the account.
    (g) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested.
    (h) Money that is in the account under subsection (b)(2) through (b)(4) (b)(5) at the end of a state fiscal year does not revert to the state general fund.

SOURCE: IC 36-8-16-14; (10)IN1283.1.2. -->     SECTION 2. IC 36-8-16-14, AS AMENDED BY P.L.137-2008, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 14. (a) Except as provided in subsection (f), the emergency telephone system fees shall be used only to pay for:
        (1) except as provided in subsection (c), the lease, purchase, or maintenance of enhanced emergency telephone equipment, including necessary computer hardware, software, and data base provisioning;
        (2) the rates associated with the service suppliers' enhanced emergency telephone system network services;
        (3) the personnel expenses of the emergency telephone system;
        (4) the lease, purchase, construction, or maintenance of voice and data communications equipment, communications infrastructure, or other information technology necessary to provide emergency response services under authority of the unit imposing the fee; and
        (5) an emergency telephone notification system under IC 36-8-21.
The legislative body of the unit may appropriate money in the fund only for such an expenditure.
    (b) This subsection applies to a county that:
        (1) imposes a fee under section 5 of this chapter; and
        (2) contains a municipality that operates a PSAP (as defined in IC 36-8-16.5-13).
Not later than January 31 of each year, the county fiscal body shall submit to each municipality described in subdivision (2) a report of all expenditures described in subsection (a) paid during the immediately preceding calendar year.
    (c) The state board of accounts shall audit the expenditures of emergency telephone system fees made during each of the following calendar years by each unit that imposed a fee under section 5 of this chapter during the following calendar years:
        (1) The calendar year ending December 31, 2005.
        (2) The calendar year ending December 31, 2006.
        (3) The calendar year ending December 31, 2007.
Not later than November 1, 2008, the state board of accounts shall

report to the regulatory flexibility committee established by IC 8-1-2.6-4 on the audits conducted under this subsection.
    (d) The state board of accounts annually shall audit the expenditures of emergency telephone system fees made during the immediately preceding calendar year by each unit that imposes a fee under section 5 of this chapter. The state board of accounts shall conduct the first audits required by this subsection with respect to expenditures of emergency telephone system fees made during the calendar year ending December 31, 2008.
    (e) In conducting the audits required under subsections (c) and (d), the state board of accounts shall determine whether the expenditures made by each unit are in compliance with:
        (1) subsection (a); and
        (2) section 15 of this chapter, as appropriate; and
        (3) subsection (f), as appropriate.
     (f) The definitions in IC 8-1-19.5 apply throughout this subsection. If a unit's emergency telephone system fund contains sufficient funds to pay all expenses of the enhanced emergency telephone system, including any expenses described in subsection (a)(1) through (a)(4), the legislative body of the unit may appropriate any funds not needed to pay the expenses of the enhanced emergency telephone system to support the provision of 211 services in a 211 service area that includes the unit, subject to IC 8-1-19.5. A unit that seeks to appropriate funds for 211 services under this subsection must coordinate with:
        (1) the recognized 211 service provider for the 211 service area that includes the unit; and
        (2) the Indiana utility regulatory commission created by IC 8-1-1-2;
to direct the funds to the 211 services account established by IC 8-1-19.5-11 for subsequent disbursement to the 211 service provider described in subdivision (1) in the form of a grant described in IC 8-1-19.5-11(e)(4).