Section 36-8-16.7-47 - Counties prohibited from containing more than two PSAPs after December 31, 2014; exceptions; interlocal agreements; parties; required plans and protocols; noncomplying counties; distributions of fees prohibited(a) For purposes of this section, a PSAP includes a public safety communications system operated and maintained under IC 36-8-15.(b) As used in this section, "PSAP operator" means:(1) a political subdivision; or(2) an agency; that operates a PSAP. The term does not include any entity described in subsection (c)(1) through (c)(3).
(c) Subject to subsection (d), after December 31, 2014, a county may not contain more than two (2) PSAPs. However, a county may contain one (1) or more PSAPs in addition to the number of PSAPs authorized by this section, as long as any additional PSAPs are operated: (1) by a state educational institution;(2) by an airport authority established for a county having a consolidated city; or(3) in a county having a consolidated city, by an excluded city (as defined in IC 36-3-1-7).(d) If, on March 15, 2008, a county does not contain more than one (1) PSAP, not including any PSAP operated by an entity described in subsection (c)(1) through (c)(3), an additional PSAP may not be established and operated in the county on or after March 15, 2008, unless the additional PSAP is established and operated by: (1) a state educational institution;(2) in the case of a county having a consolidated city, an airport authority established for the county; or(3) the municipality having the largest population in the county or an agency of that municipality.(e) Before January 1, 2015, each PSAP operator in a county that contains more than the number of PSAPs authorized by subsection (c) shall enter into an interlocal agreement under IC 36-1-7 with every other PSAP operator in the county to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.(f) An interlocal agreement required under subsection (e) may include as parties, in addition to the PSAP operators required to enter into the interlocal agreement under subsection (e), any of the following that seek to be served by a county's authorized PSAPs after December 31, 2014:(1) Other counties contiguous to the county.(2) Other political subdivisions in a county contiguous to the county.(3) Other PSAP operators in a county contiguous to the county.(g) An interlocal agreement required under subsection (e) must provide for the following: (1) A plan for the: (C) elimination; of one (1) or more of the county's PSAPs, as necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.
(2) A plan for funding and staffing the PSAP or PSAPs that will serve: (B) any areas contiguous to the county, if additional parties described in subsection (f) participate in the interlocal agreement; after December 31, 2014.
(3) Subject to any applicable state or federal requirements, protocol to be followed by the county's PSAP or PSAPs in: (A) receiving incoming 911 calls; and(B) dispatching appropriate public safety agencies to respond to the calls; after December 31, 2014.
(4) Any other matters that the participating PSAP operators or parties described in subsection (f), if any, determine are necessary to ensure that the county does not contain more than the number of PSAPs authorized by subsection (c) after December 31, 2014.(h) This section may not be construed to require a county to contain a PSAP.(i) After December 31, 2014, if a county contains more than the number of PSAPs authorized by subsection (c), the county may not receive a distribution under section 37 of this chapter until the county complies with subsection (c). The board shall hold distributions in reserve until the county complies with subsection (c). A county is not entitled to any interest on any funds held by the board under this chapter.Amended by P.L. 213-2015, SEC. 267, eff. 7/1/2015.Added by P.L. 132-2012, SEC. 20, eff. 7/1/2012.