2023 Utah Code › Title 63H - Independent State Entities › Chapter 7a - Utah Communications Authority Act › Part 3 - 911 Division › Section 304.5 - Distributions from 911 account to qualifying PSAPs.

Effective 5/3/2023
63H-7a-304.5.
Distributions from 911 account to qualifying PSAPs.
(1) As used in this section:
(a) "Certified statement" means a statement signed by a PSAP's director or other authorized administrator certifying the PSAP's compliance with the requirements of Subsection (2)(a).
(b) "Fiscal year" means the period from July 1 of one year to June 30 of the following year.
(c) "Proportionate share" means a percentage derived by dividing a PSAP's average 911 call volume, as reported to the State Tax Commission under Section 69-2-302, for the preceding three years by the total of the average 911 call volume for the same three-year period for all PSAPs that have submitted a certified statement seeking a distribution of the applicable remaining funds.
(d) "Qualifying PSAP" means a PSAP that:
(i) meets the requirements of Subsection (2)(a) for the period for which remaining funds are sought; and
(ii) submits a timely certified statement to the authority.
(e) "Remaining funds" means the money remaining in the 911 account after deducting:
(i) disbursements under Subsections 63H-7a-304(2)(a), (3), and (4);
(ii) authority expenditures or disbursements in accordance with the authority's strategic plan, including expenditures or disbursements to pay for:
(A) implementing, maintaining, or upgrading the public safety communications network or statewide 911 phone system; and
(B) authority overhead for managing the 911 portion of the public safety communications network; and
(iii) money that the board determines should remain in the 911 account for future use.
(f) "Required transfer rate" means:
(i) a transfer rate of no more than 2%; or
(ii) for a PSAP with a transfer rate for the fiscal year ending June 30, 2020, that is greater than 2%, and until June 30, 2023, the transfer rate that meets the requirement for the applicable period under Subsection 69-2-204(3)(a), (b), or (c).
(g) "Transfer rate" means the same as that term is defined in Section 69-2-204.
(2)
(a) To qualify for a proportionate share of remaining funds, a PSAP shall, for the period for which remaining funds are sought:
(i) have answered:
(A) 90% of all 911 calls arriving at the PSAP within 15 seconds; and
(B) 95% of all 911 calls arriving at the PSAP within 20 seconds;
(ii) have adopted and be using the statewide CAD-to-CAD call handling and 911 call transfer protocol adopted by the board under Subsection 63H-7a-204(17);
(iii) have participated in the authority's annual interoperability exercise;
(iv) have complied with the required transfer rate; and
(v) be designated as an emergency medical service dispatch center according to Section 26B-4-117.
(b) A PSAP that seeks a proportionate share of remaining funds shall submit a certified statement to the authority no later than July 31 following the end of the fiscal year for which remaining funds are sought.
(c) Notwithstanding Subsection (2)(a):
(i) a qualifying PSAP in a county with multiple PSAPs does not qualify for a proportionate share of remaining funds for a period beginning after June 30, 2023, unless every PSAP in that county is a qualifying PSAP; and
(ii) a PSAP described in Subsection 69-2-203(5) does not qualify for remaining funds.
(3)
(a) Subject to Subsection (3)(b), for PSAPs that have become qualifying PSAPs for the previous fiscal year the authority shall distribute to each qualifying PSAP that PSAP's proportionate share of the remaining funds.
(b) The authority may not distribute more than 20% of remaining funds to any single PSAP.
(4) All money that a PSAP receives under this section is subject to Section 69-2-301.
Amended by Chapter 507, 2023 General Session