§ 62A-44. 911 Fund.
§ 62A‑44. 911 Fund.
(a) Fund. The 911Fund is created as an interest‑bearing special revenue fund within theState treasury. The 911 Board administers the Fund. The 911 Board must creditto the 911 Fund all revenues remitted to it from the service charge imposed byG.S. 62A‑43 on voice communications service connections in the State.Revenue in the Fund may only be used as provided in this Article.
(b) Allocation ofRevenues. The 911 Board may deduct and retain for its administrative expensesup to one percent (1%) of the total service charges remitted to it under G.S.62A‑43 for deposit in the 911 Fund. The remaining revenues remitted tothe 911 Board for deposit in the 911 Fund are allocated as follows:
(1) A percentage of thefunds remitted by CMRS providers to the 911 Fund are allocated forreimbursements to CMRS providers pursuant to G.S. 62A‑45.
(2) A percentage of thefunds remitted by CMRS providers and all funds remitted by all other voicecommunications service providers are allocated for monthly distributions toprimary PSAPs pursuant to G.S. 62A‑46 and grants to PSAPs pursuant toG.S. 62A‑47.
(3) The percentage ofthe funds remitted by CMRS providers allocated to CMRS providers and PSAPsshall be set by the 911 Board and may be adjusted by the 911 Board as necessaryto ensure full cost recovery for CMRS providers and, to the extent there areexcess funds, for distributions to primary PSAPs.
(c) Report. InFebruary of each odd‑numbered year, the 911 Board must report to theJoint Legislative Commission on Governmental Operations, the Revenue Laws StudyCommittee, and the Joint Legislative Utility Review Committee. The report mustcontain complete information regarding receipts and expenditures of all fundsreceived by the 911 Board during the period covered by the report, the statusof the 911 system in North Carolina at the time of the report, and the resultsof any investigations by the Board of PSAPs that have been completed during theperiod covered by the report.
(d) Nature of Revenue. The General Assembly finds that distributions of revenue from the 911 Fundare not State expenditures for the purpose of Section 5(3) of Article III ofthe North Carolina Constitution. Therefore, the Governor may not reduce orwithhold revenue in the 911 Fund. (2007‑383, s. 1(a); 2008‑134, s. 1(a).)