§ 62A-46. Fund distribution to PSAPs.
§ 62A‑46. Funddistribution to PSAPs.
(a) MonthlyDistribution. The 911 Board must make monthly distributions to primary PSAPsfrom the amount allocated to the 911 Fund for PSAPs. The amount to bedistributed to each primary PSAP is the sum of the following:
(1) The PSAP's baseamount. The PSAP's base amount is the amount the PSAP received in the fiscalyear ending June 30, 2007, and deposited in the Emergency Telephone System Fundof its local governing entity, as reported to the State Treasurer's Office,Local Government Division.
(2) The PSAP's percapita amount. The PSAP's per capita amount is the PSAP's per capita share ofthe amount designated by the Board under subsection (b) of this section for theper capita distribution. The 911 Board must use the most recent populationestimates certified by the State Budget Officer in making the per capitadistribution under this subdivision. A PSAP is not eligible for a distributionunder this subdivision unless it provides enhanced 911 service.
(b) PercentageDesignations. The 911 Board must determine how revenue that is allocated tothe 911 Fund for distribution to primary PSAPs and is not needed to make thebase amount distribution required by subdivision (a)(1) of this section is tobe used. The 911 Board must designate a percentage of the remaining funds to bedistributed to primary PSAPs on a per capita basis and a percentage to beallocated to the PSAP Grant Account established in G.S. 62A‑47. If the911 Board does not designate an amount to be allocated to the PSAP GrantAccount, the 911 Board must distribute all of the remaining funds on a percapita basis. The 911 Board may not change the percentage designation more thanonce each fiscal year.
(c) Use of Funds. APSAP that receives a distribution from the 911 Fund may not use the amountreceived to pay for the lease or purchase of real estate, cosmetic remodelingof emergency dispatch centers, hiring or compensating telecommunicators, or thepurchase of mobile communications vehicles, ambulances, fire engines, or otheremergency vehicles. Distributions received by a PSAP may be used only to payfor the following:
(1) The lease, purchase,or maintenance of emergency telephone equipment, including necessary computerhardware, software, and database provisioning, addressing, and nonrecurringcosts of establishing a 911 system.
(2) Expenditures for in‑Statetraining of 911 personnel regarding the maintenance and operation of the 911system. Allowable training expenses include the cost of transportation,lodging, instructors, certifications, improvement programs, quality assurancetraining, and training associated with call taking, and emergency medical,fire, or law enforcement procedures. Training outside the State is not aneligible expenditure unless the training is unavailable in the State or thePSAP documents that the training costs are less if received out‑of‑state.Training specific to the receipt of 911 calls is allowed only for intake andrelated call taking quality assurance and improvement. Instructor certificationcosts and course required prerequisites, including physicals, psychologicalexams, and drug testing, are not allowable expenditures.
(3) Charges associatedwith the service supplier's 911 service and other service supplier recurringcharges. The PSAP providing 911 service is responsible to the voicecommunications service provider for all 911 installation, service, equipment,operation, and maintenance charges owed to the voice communications serviceprovider. A PSAP may contract with a voice communications service provider onterms agreed to by the PSAP and the provider.
(d) Local Fund. Thefiscal officer of a PSAP to whom a distribution is made under this section mustdeposit the funds in a special revenue fund, as defined in G.S. 159‑26(b)(2),designated as the Emergency Telephone System Fund. The fiscal officer mayinvest money in the Fund in the same manner that other money of the localgovernment may be invested. Income earned from the invested money in theEmergency Telephone System Fund must be credited to the Fund. Revenue depositedinto the Fund must be used only as permitted in this section.
(e) Compliance. APSAP, or the governing entity of a PSAP, must comply with all of the followingin order to receive a distribution under this section:
(1) A county ormunicipality that has one or more PSAPs must submit in writing to the 911 Boardinformation that identifies the PSAPs in the manner required by the FCC Order.
(2) A participating PSAPmust annually submit to the 911 Board a copy of its governing agency's proposedor approved budget detailing the revenues and expenditures associated with theoperation of the PSAP. The PSAP budget must identify revenues and expendituresfor eligible expense reimbursements as provided in this Article and rulesadopted by the 911 Board.
(3) A PSAP must beincluded in its governing entity's annual audit required under the LocalGovernment Budget and Fiscal Control Act. The Local Government Commission mustprovide a copy of each audit of a local government entity with a participatingPSAP to the 911 Board.
(4) A PSAP must complywith all requests by the 911 Board for financial information related to theoperation of the PSAP.
(f) Application toCherokees. The Eastern Band of Cherokee Indians is an eligible PSAP. TheTribal Council of the Eastern Band is the local governing entity of the EasternBand for purposes of this section. The Tribal Council must give the 911 Boardinformation adequate to determine the Eastern Band's base amount. The 911 Boardmust use the most recent federal census estimate of the population living onthe Qualla Boundary to determine the per capita distribution amount. (2007‑383, s. 1(a);2008‑134, ss. 1(b), (c).)