2017 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS .7631 Apportionment of money in CMRS fund.
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65.7631 Apportionment of money in CMRS fund.
(1)
(2)
(3)
(4)
The moneys in the CMRS fund shall be apportioned among the approved uses of
the fund as specified in this section. The board shall make individual disbursements
from the fund upon such terms and conditions necessary in view of the amount of
revenues on deposit at the time each request for disbursement is reviewed and
approved.
Not more than two and one-half percent (2.5%) of the total monthly revenues
deposited into the CMRS fund shall be disbursed or reserved for disbursement by
the board to pay the administrative costs and expenses incurred in the operation of
the board in carrying out the functions and duties set forth in KRS 65.7621 to
65.7643.
(a) Two and one-half percent (2.5%) of the total monthly revenues deposited into
the CMRS fund shall be used solely for the purpose of reimbursing the actual
expenses incurred by tier III CMRS providers from June 30, 2011, to January
1, 2016, for complying with requirements established by the FCC order.
Reimbursement under this subsection is only available to tier III CMRS
providers that:
1.
Have a cost recovery plan that was approved by the CMRS Board,
predecessor in name to the Kentucky 911 Services Board, prior to June
30, 2011; and
2.
Had received approval for reimbursement from the CMRS Board,
predecessor in name to the Kentucky 911 Services Board, prior to the
effective date of this section.
(b) When all reimbursements approved under this subsection have been paid, the
two and one-half percent (2.5%) apportioned under this subsection shall be
used solely for the purposes specified in subsection (5) of this section.
Ten percent (10%) of the total monthly revenues deposited into the CMRS fund
shall be disbursed or reserved for disbursement to provide direct grants, matching
money, or funds to PSAPs as determined by the Kentucky 911 Services Board:
(a) For the establishment and improvement of 911 services in the
Commonwealth, including the implementation of next generation 911
capacity;
(b) For incentives to create more efficient delivery of 911 services by local
governments receiving funding under subsection (5) of this section;
(c) For improvement of 911 infrastructure by Tier III wireless providers receiving
funding under this section; and
(d) For consolidation reimbursement of two hundred thousand dollars ($200,000)
per PSAP, not to exceed four hundred thousand dollars ($400,000) per county,
to any PSAP that consolidates with a CMRS-certified PSAP, or creates a
newly consolidated Phase II compliant PSAP. Funds shall be applied toward
the cost of consolidating. If a PSAP consolidates and receives reimbursement,
the Kentucky 911 Services Board shall not certify a new PSAP within the
same county for a period of ten (10) years.
(5)
(6)
When the balance of money collected under this subsection and not yet obligated
for permitted uses exceeds two million dollars ($2,000,000) in any fiscal year, the
excess amount shall be allocated under subsection (5) of this section.
The balance of the total monthly revenues deposited into the CMRS fund after the
amounts disbursed or reserved for disbursement under subsections (2), (3), and (4)
of this section have been subtracted shall be distributed to PSAPs eligible to receive
disbursement from the CMRS fund under subsection (6) of this section who actually
request disbursement, as follows:
(a) Fifty percent (50%) of the remaining balance to be allocated under this
subsection shall be distributed according to the "PSAP pro rata formula,"
whereby each receives a percentage determined by dividing one (1) by the
total number of PSAPs eligible to request and actually requesting
disbursements under subsection (6) of this section. Any PSAPs certified
before January 1, 2004, or for more than three (3) years, that choose to
consolidate their operations shall continue to receive pro-rata shares as if they
remained separate and distinct entities. The consolidated entity must be
certified to receive funds under subsection (6) of this section; and
(b) Fifty percent (50%) of the remaining balance to be allocated under this
subsection shall be distributed according to a method chosen by the board and
based on the wireless workload of the PSAP. Methods to be considered may
be based on the number of wireless 911 calls answered by each PSAP, the
number of wireless phone users served by each PSAP, or any other method
deemed by the board to be reasonable and equitable. The method chosen by
the board shall be promulgated as a regulation under KRS 65.7633.
All amounts distributed to PSAPs under this subsection shall be used by the PSAPs
solely for the purposes of answering, routing, and properly disposing of CMRS 911
calls, training PSAP staff, and public education concerning appropriate use of 911,
in accordance with KRS 65.760(4) and (5). Additionally, amounts distributed to
PSAPs under this subsection may be used for the purposes of complying with the
wireless E911 service requirements established by the FCC order and any rules and
regulations which are or may be adopted by the Federal Communications
Commission pursuant to the FCC order, including the payment of costs and
expenses incurred in designing, upgrading, purchasing, leasing, programming,
testing, installing, or maintaining all necessary data, hardware, and software
required in order to provide wireless E911 service.
(a) Notwithstanding any other provision of the law, no PSAP shall be eligible to
request or receive a disbursement from the CMRS fund under subsection
(4)(a) or (b) or (5) of this section unless and until the PSAP:
1.
Is expressly certified as a PSAP by the Kentucky 911 Services Board,
upon written application to the board;
2.
Demonstrates that the PSAP is providing E911 services to a local
government that has adopted an ordinance either imposing a special tax,
license, or fee as authorized by KRS 65.760(3) or has established other
means of funding wireline 911 emergency service;
3.
(b)
Demonstrates that the administrator of the PSAP sent a request for
wireless, E911 service to a CMRS provider, and that the infrastructure
of the local exchange carrier will support wireless E911 service;
4.
Provides an accounting of the number of wireless E911 calls received by
the PSAP during the prior calendar year if requested by the board; and
5.
Demonstrates that the PSAP has made the investment which is necessary
to allow the PSAP to receive and utilize the data elements associated
with wireless E911 service.
In addition to the requirements of paragraph (a) of this subsection and in order
to encourage the additional consolidation of PSAPs by local governments and
state government agencies, after January 1, 2017, a PSAP shall receive
priority consideration for distributions of funds from subsection (4)(a) and (b)
of this section as follows:
1.
A PSAP that is not a state police dispatch center and that covers all local
governments within two (2) or more counties shall receive first priority
in the distribution of the funds by the board;
2.
A PSAP, including any state police dispatch center, that covers all the
local governments within a single county shall receive second priority in
the distribution of the funds by the board; and
3.
A PSAP that does not cover all of the local governments within a single
county shall receive the last priority for the distribution of the funds
listed in this subsection by the board.
Effective: July 15, 2016
History: Amended 2016 Ky. Acts ch. 111, sec. 10, effective July 15, 2016. -- Amended
2009 Ky. Acts ch. 12, sec. 35, effective June 25, 2009. -- Amended 2006 Ky. Acts
ch. 219, sec. 5, effective July 12, 2006. -- Amended 2001 Ky. Acts ch. 42, sec. 2,
effective June 21, 2001. -- Created 1998 Ky. Acts ch. 535, sec. 6, effective July 15,
1998.
2016-2018 Budget Reference. See State/Executive Branch Budget, 2016 Ky. Acts ch.
149, Pt. I, H, 4, (3) at 1080.
Legislative Research Commission Note (July 15, 2016).Under the authority of KRS
7.136(1)(c), during codification of 2016 Ky. Acts ch. 111, sec. 10 (this statute), the
Reviser of Statutes has corrected a reference in subsection (4) to read "this
subsection" instead of "this paragraph."
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