65.7631 Apportionment of money in CMRS fund.
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/ky/chapter-65/65-7631A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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.
(2)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)Prior to August 1, 2022, 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 establishing or maintaining statewide 911 initiatives to assist with the
adoption and operation of next generation 911 services and applications. Fund
disbursements shall be limited to equipment, hardware, software, or
contracted services used in the preparation for, or delivery of, next generation
911 systems and services.
(b)On and after August 1, 2022, and before July 1, 2025, the rate shall be five
percent (5%).
(c)On and after July 1, 2025, the rate shall be two and one-half percent (2.5%).
(a)Prior to August 1, 2022, 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:
1. For the establishment and improvement of 911 services in the
Commonwealth, including the implementation of next generation 911
capacity;
2. For incentives to create more efficient delivery of 911 services by local
governments receiving funding under subsection
(5)of this section; and
3. 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.
(b)On and after August 1, 2022, and before July 1, 2025, the rate shall be seven
and one-half percent (7.5%).
(c)On and after July 1, 2025, the rate shall be ten percent (10%).
When the balance of money collected under this subsection and not yet obligated
for permitted uses exceeds three million dollars ($3,000,000) in any fiscal year, the
excess amount shall be allocated under subsection
(5)of this section.
(5)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
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 state police dispatch center that previously qualified for PSAP
pro rata formula funding under subsection (6)(a)2.a. of this section but
subsequently qualifies under subsection (6)(a)2.b. of this section receives a
percentage determined by dividing one-half (1/2) by the total number of
PSAPs eligible to request and actually requesting disbursements under
subsection
(6)of this section. The remaining balance to be allocated under
this subsection shall be distributed to all remaining qualifying PSAPs equally.
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 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:
a. 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; or
b. A state police dispatch center that actively serves as an alternate or
backup PSAP for one
(1)or more nonstate police PSAPs;
3. 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;
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; and
6. Adopts and participates in, or provides a compatible service to, board-
funded statewide next generation 911 projects, programs, and initiatives
required to meet federal directives, and supports or implements next
generation 911 emergency services Internet protocol networks, core
services, and geographic information services components.
(b)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, 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, including any state police dispatch center, 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.