2023 Delaware Code › Title 16 - Health and Safety › Chapter 101. ENHANCED 911 EMERGENCY REPORTING SYSTEM FUND › Subchapter I. Creation of Fund; Administration; Disbursements › § 10104. Disbursements from the Fund.

§ 10104. Disbursements from the Fund.
(a) Disbursements from the Fund shall be made for the following purposes.
(1) Nonrecurring costs, including but not limited to costs for purchasing and installing the customer premises terminal equipment (“CPE”) required to establish or upgrade public safety answering points, purchasing E-911 network equipment or upgrading equipment as required to ensure proper functioning of the E-911 service and related software, developing wireless data bases, and initial training in the use of CPE equipment.
(2) Recurring costs, including but not limited to costs for network access fees and other telephone charges, software, equipment, data base management, maintenance and improvement, public education, language translation services, ongoing training in the use of CPE equipment, and network and equipment maintenance.
(3) Expenses of the Board and the Department of Safety and Homeland Security incurred under this chapter for the purposes of administering the Fund and expenses incurred in connection with the Board's responsibilities under Chapter 100 of this title.
(b) Each county shall receive an amount from the Fund equal to $0.50 per month, less the costs identified in § 10103(g) of this title, for each residence exchange access line or residential Basic Rate Interface (“BRI”) ISDN arrangement from which the monthly surcharge is collected in that county or the amount received by that county in calendar year 2000 from telephone providers from E-911 surcharges, whichever is greater. Disbursements from the Fund shall be made to the counties by the fifteenth day of the month following the month in which the wireline residential surcharges are deposited into the Fund by the provider. The amount disbursed to a county for any calendar year shall be subject to a true up at the end of the such year to reflect the amount received by the county in calendar year 2000 from E-911 surcharges but only in the event that such amount is greater than the amount disbursed from the Fund to the county in the current calendar year. The counties shall use these revenues to offset the costs incurred by them in connection with the administration, staffing, street addressing, necessary capital equipment, and training necessary to support the provision of E-911 emergency reporting service. Costs incurred shall be verified by an annual audit as directed by the Board.
(c) [Repealed.]
(d) Disbursements may not be made for:
(1) Personnel costs for public safety answering points, except as set forth in subsection (b) of this section.
(2) Construction, purchase, renovation or furnishings for real estate to house public safety answering points, except as set forth in subsection (b) of this section.
(3) Vehicles, including ambulances, fire engines or other emergency vehicles, associated equipment and utilities.
(4) Two-way radios.
(e) Pro rata sharing of Fund amounts. — If the total amount of money in the Fund after paying the amounts due to the counties under subsection (b) of this section is insufficient to pay reimbursable costs at any given time, each entity requesting reimbursement shall receive a pro rata share of the total amount in the Fund at such time. Any remaining unpaid reimbursable costs shall be carried forward for payment as soon as sufficient funds become available.
(f) Providers may request reimbursement on a monthly basis, and payments from the Fund to providers shall be made by the State Treasurer within 60 days of receipt of such request.
(g) The annual expenditures from the Fund shall not exceed the annual revenues deposited into it.
(h) An annual audit of the Fund shall be completed by an independent auditor to be designated by the Board.
73 Del. Laws, c. 115, §  9;  74 Del. Laws, c. 110, §  138;  74 Del. Laws, c. 137, §  3;  76 Del. Laws, c. 183, §§  6, 7, 8;  79 Del. Laws, c. 332, §  1;  80 Del. Laws, c. 372, §  1;