AGO 2001-06.

• Case Date: October 26, 2001
• Court: Indiana

Indiana Attorney General Opinions 2001. AGO 2001-06. October 26, 2001Advisory Opinion 2001-6The Honorable Clyde Kersey Indiana House of Representatives Indiana State House Indianapolis, Indiana 46204 RE: Use of Ind. Code § 36-8-16 Funds to Purchase Radio EquipmentDear Representative Kersey: This letter responds to your request for an advisory opinion on the following question:

Can a municipality designate funds collected under Ind. Code § 36-8-16-1 et seq. for the purchase of radio communication system(s)?

The Office of the Attorney General has twice previously addressed this or a very similar question, as you noted in your letter. The first resulted in an unofficial opinion dated October 29, 1998, and the second in a letter dated September 13, 2000, re-affirming the 1998 opinion. We conclude that, pursuant to Ind. Code § 36-8-16-14, a municipality may not authorize the use of emergency telephone system fees collected under Ind. Code § 36-8-16-5 for the purchase of computerized radio communications system(s). ANALYSIS The first and sometimes only step in any effort to interpret a piece of legislation is to examine the language of the legislation. Sales v. State, 723 N.E. 2d 416 (Ind. 2000). A courts objective in construing a statute is to determine and implement the intent of the legislature. Superior Const. Co. v. Carr, 564 N.E.2d 281 (Ind. 1990). Courts look to the plain language of a statute to divine this intent. Wilson v. Pleasant, 660 N.E. 2d 327 (Ind. 1995). Thus, in order to determine the permitted uses of funds collected under Ind. Code 36-8-16-5, a court will look to the plain meaning of the words chosen by the legislature in drafting the statute. Ind. Code § 36-8-16 provides for the imposition and collection of fees for emergency telephone systems. Ind. Code § 36-8-16-5. The section specifically provides that (T)he fiscal body of a county may adopt an ordinance to impose a monthly enhanced emergency telephone system fee Ind. Code § 36-8-16-5. The fees remitted under this section must be deposited in a separate emergency telephone system fund. Ind. Code § 36-8-16-13. Ind. Code § 36-8-16-14 lists the authorized uses for funds collected under Ind. Code § 36-8-16-5 and deposited in the emergency telephone system fund. Section 36-8-16-14 states:

The emergency telephone system fees shall be used only to pay

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