OR Rev Stat § 403.240 (2021)
2021 Oregon Revised Statutes|Volume : 10 - Highways, Military|Chapter 403 - Emergency Communications System; 2-1-1 System; Public Safety Communications Systems|Section 403.240 - Distribution of account proceeds; uses; reimbursement request review; reports.

(1) The Oregon Department of Emergency Management shall distribute quarterly the entire amount of the moneys in the Emergency Communications Account. The department shall pay the following amounts from the account: (a) Administrative costs incurred during the preceding calendar quarter by the Department of Revenue in carrying out ORS 403.200 to 403.230 in an amount that does not exceed six-tenths of one percent of the amount in the account on the date of distribution, or actual expenses incurred by the department, whichever is less. (b) Administrative costs to be incurred during the calendar quarter by the Oregon Department of Emergency Management in carrying out its duties under ORS 305.823 and 403.105 to 403.250. The amount to be paid under this paragraph may not exceed 2.4 percent of the amount in the account on the date of distribution, and, on or before the next date of distribution, the department shall repay to the account any amount received under this paragraph that exceeds the actual expenses incurred by the department in the quarter. (2) The department may: (a) Provide funding for the Oregon Emergency Response System in an amount that does not exceed 15 percent of the legislatively approved budget for the Oregon Emergency Response System subject to availability of funds within the limit for administrative costs in subsection (1)(b) of this section. (b) Prescribe the manner in which funding is provided to the Oregon Emergency Response System under this subsection. (3) The department shall use funds in the 9-1-1 Subaccount to pay for costs incurred during the preceding calendar quarter for emergency communications services provided by a 9-1-1 jurisdiction under ORS 403.105 to 403.250. The department may not disburse funds in the 9-1-1 Subaccount to a 9-1-1 jurisdiction that does not have an approved 9-1-1 jurisdiction plan under ORS 403.130. The department shall make payments for costs of the emergency communications system on behalf of a 9-1-1 jurisdiction, or make reimbursement to the 9-1-1 jurisdiction for such costs, only after a reimbursement or payment request has been submitted to the department in the manner prescribed by the department. Reimbursement or payment requests for recurring and nonrecurring charges necessary to enable the 9-1-1 jurisdiction to comply with ORS 403.105 to 403.250 must be submitted directly to the department. The costs reimbursable or payable under this subsection are only those costs incurred for: (a) Modification of network routers or servers, central office switching and trunking equipment or other transport equipment; (b) Network development, hosting services, operation and maintenance; (c) Database development, operation and maintenance; (d) On-premises equipment procurement, maintenance and replacement; (e) Conversion of pay station telephones required by ORS 403.140; (f) Collection of the tax imposed by ORS 403.200 to 403.230; (g) Addressing if the reimbursement or payment request is consistent with rules adopted by the department; and (h) An employee of a 9-1-1 jurisdiction obtaining certification as a telecommunicator or emergency medical dispatcher from the Department of Public Safety Standards and Training under ORS 181A.560. (4) Subject to availability of funds, the Oregon Department of Emergency Management shall provide funding to 9-1-1 jurisdictions based on cost information provided in their final plan under ORS 403.130. The department shall approve 9-1-1 jurisdiction plans that meet the requirements set forth in ORS 403.115 (2) and (4). The department shall limit funding for costs incurred prior to the preceding calendar quarter to charges associated with database development, network and on-premises equipment that satisfies the requirements of ORS 403.115 (2) and (4). The department shall prescribe the manner in which funding is provided under this subsection. (5) 9-1-1 jurisdictions may use funds distributed to the jurisdiction from an account or subaccount established in ORS 403.235 to repay loans from the Special Public Works Fund if the loans were used for purposes that are allowable under ORS 403.105 to 403.250. (6) The department shall retain amounts remaining in the 9-1-1 Subaccount and may distribute the amounts in a subsequent quarter for those purposes set forth in subsections (3), (4) and (5) of this section. (7) The department shall review reimbursement or payment requests for costs identified in subsection (3) of this section, necessary to comply with ORS 403.105 to 403.250, for the appropriateness of the costs claimed. The department shall approve or reject the reimbursement or payment requests. (8) After all amounts under subsections (1) and (2) of this section and ORS 403.235 (2) have been paid, the department shall allocate the balance of the Emergency Communications Account to cities on a per capita basis and to counties on a per capita basis of each county’s unincorporated area for distribution directly to 9-1-1 jurisdictions as directed by the city or county. However, each county must be credited a minimum of one percent of the balance of the account after the amounts under subsections (1) and (2) of this section and ORS 403.235 (2) have been paid. (9) 9-1-1 jurisdictions shall submit an accounting report to the department annually. The report must be provided in the manner prescribed by the department and must include but not be limited to: (a) Funds received and expended under subsection (8) of this section for the purposes of fulfilling the requirements of ORS 403.115; (b) Local funds received and expended for the purposes of fulfilling the requirements of ORS 403.115; and (c) Local funds received and expended for the purposes of providing emergency communications services. [Formerly 401.808; 2012 c.60 §1; 2014 c.59 §14; 2015 c.247 §24; 2019 c.653 §§3,4; 2021 c.539 §68] Note: The amendments to 403.240 by section 68, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (1) The Office of Emergency Management shall distribute quarterly the entire amount of the moneys in the Emergency Communications Account. The office shall pay the following amounts from the account: (a) Administrative costs incurred during the preceding calendar quarter by the Department of Revenue in carrying out ORS 403.200 to 403.230 in an amount that does not exceed six-tenths of one percent of the amount in the account on the date of distribution, or actual expenses incurred by the department, whichever is less. (b) Administrative costs to be incurred during the calendar quarter by the Office of Emergency Management in carrying out its duties under ORS 305.823 and 403.105 to 403.250. The amount to be paid under this paragraph may not exceed 2.4 percent of the amount in the account on the date of distribution, and, on or before the next date of distribution, the office shall repay to the account any amount received under this paragraph that exceeds the actual expenses incurred by the office in the quarter. (2) The office may: (a) Provide funding for the Oregon Emergency Response System in an amount that does not exceed 15 percent of the legislatively approved budget for the Oregon Emergency Response System subject to availability of funds within the limit for administrative costs in subsection (1)(b) of this section. (b) Prescribe the manner in which funding is provided to the Oregon Emergency Response System under this subsection. (3) The office shall use funds in the 9-1-1 Subaccount to pay for costs incurred during the preceding calendar quarter for emergency communications services provided by a 9-1-1 jurisdiction under ORS 403.105 to 403.250. The office may not disburse funds in the 9-1-1 Subaccount to a 9-1-1 jurisdiction that does not have an approved 9-1-1 jurisdiction plan under ORS 403.130. The office shall make payments for costs of the emergency communications system on behalf of a 9-1-1 jurisdiction, or make reimbursement to the 9-1-1 jurisdiction for such costs, only after a reimbursement or payment request has been submitted to the office in the manner prescribed by the office. Reimbursement or payment requests for recurring and nonrecurring charges necessary to enable the 9-1-1 jurisdiction to comply with ORS 403.105 to 403.250 must be submitted directly to the office. The costs reimbursable or payable under this subsection are only those costs incurred for: (a) Modification of network routers or servers, central office switching and trunking equipment or other transport equipment; (b) Network development, hosting services, operation and maintenance; (c) Database development, operation and maintenance; (d) On-premises equipment procurement, maintenance and replacement; (e) Conversion of pay station telephones required by ORS 403.140; (f) Collection of the tax imposed by ORS 403.200 to 403.230; (g) Addressing if the reimbursement or payment request is consistent with rules adopted by the office; and (h) An employee of a 9-1-1 jurisdiction obtaining certification as a telecommunicator or emergency medical dispatcher from the Department of Public Safety Standards and Training under ORS 181A.560. (4) Subject to availability of funds, the office shall provide funding to 9-1-1 jurisdictions based on cost information provided in their final plan under ORS 403.130. The office shall approve 9-1-1 jurisdiction plans that meet the requirements set forth in ORS 403.115 (2) and (4). The office shall limit funding for costs incurred prior to the preceding calendar quarter to charges associated with database development, network and on-premises equipment that satisfies the requirements of ORS 403.115 (2) and (4). The office shall prescribe the manner in which funding is provided under this subsection. (5) 9-1-1 jurisdictions may use funds distributed to the jurisdiction from an account or subaccount established in ORS 403.235 to repay loans from the Special Public Works Fund if the loans were used for purposes that are allowable under ORS 403.105 to 403.250. (6) The office shall retain amounts remaining in the 9-1-1 Subaccount and may distribute the amounts in a subsequent quarter for those purposes set forth in subsections (3), (4) and (5) of this section. (7) The office shall review reimbursement or payment requests for costs identified in subsection (3) of this section, necessary to comply with ORS 403.105 to 403.250, for the appropriateness of the costs claimed. The office shall approve or reject the reimbursement or payment requests. (8) After all amounts under subsections (1) and (2) of this section and ORS 403.235 (2) have been paid, the office shall allocate the balance of the Emergency Communications Account to cities on a per capita basis and to counties on a per capita basis of each county’s unincorporated area for distribution directly to 9-1-1 jurisdictions as directed by the city or county. However, each county must be credited a minimum of one percent of the balance of the account after the amounts under subsections (1) and (2) of this section and ORS 403.235 (2) have been paid. (9) 9-1-1 jurisdictions shall submit an accounting report to the office annually. The report must be provided in the manner prescribed by the office and must include but not be limited to: (a) Funds received and expended under subsection (8) of this section for the purposes of fulfilling the requirements of ORS 403.115; (b) Local funds received and expended for the purposes of fulfilling the requirements of ORS 403.115; and (c) Local funds received and expended for the purposes of providing emergency communications services.