KRS § 65.7631 — KY Code / Title IX / Chapter 65 / Section 65.7631
65.7631 Apportionment of money in CMRS fund
Status: reserved

65.7631 Apportionment of money in CMRS fund.

(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.

(3) (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%).

(4) (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 (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 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.

(6) (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.