ORD-2012-042 Refund of Funds to the County's Emergency Telephone Fund (911)

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12 pursuant to G.S. 62A-46 and grants to PSAPs pursuant to G.S. 62A-47. (c) Report —In February of each odd-numbered year, the 911 Board must report to the Joint Legislative Commission on Governmental Operations, the Revenue Laws Study Committee and the Joint Legislative Utility Review Committee. The report must contain complete information regarding receipts and expenditures of all funds received by the 911 Board during the period covered by the report,the status of the 911 system m North Carolina at the time of the report, and the results of any investigations by the Board of PSAPs that have been completed during the period covered by the report. Nature of Revenue. — The General Assembly finds that distributions of revenue from the 911 Fund are not State expenditures for the purpose of Section 5(3) of Article III of the North Carolina Constitution. Therefore, the Governor may not reduce or withhold revenue in the 911 Fund. "& 62A-45. Fund distribution to CMRS providers. Lal Distribution. — CMRS providers are eligible for reimbursement from the 911 Fund for the actual costs incurred by the CMRS providers in complying with the requirements of enhanced 911 service. Costs of complying include costs incurred for designing, wading,_purchasing, leasing, programming, installing: testing, or maintaining all necessary data, hardware, and software required to provide service as well as the recurring; and nonrecurring costs of providing the service. To obtain reimbursement, a CMRS provider must comply with all of the following: Invoices must be sworn. All costs and expenses must be commercially reasonable. All invoices for reimbursement must be related to compliance with the requirements of enhanced 911 service. Prior approval must be obtained from the 911 Board for all invoices for payment of costs that exceed the lesser of- a. One hundred percent 100%) of the eligible costs allowed under this section. b. One hundred twenty-five percent (125%) of the service charges remitted to the 911 Board by the CMRS provider. Payment CaMforward. —If the total amount of invoices submitted to the 911 Board and approved for payment in a month exceeds the amount available from the 911 Fund for reimbursements to CMRS providers, the amount payable to each CMRS provider is reduced proportionately so that the amount paid does not exceed the amount available for payment. The balance of the payment is deferred to the following month. A deferred payment accrues interest at a rate equal to the rate earned by the 911 Fund until it is paid. (c) Grant Reallocation. — If the amount of reimbursements to CMRS providers approved by the 911 Board for a fiscal year is less than the amount of funds allocated for reimbursements to CMRS providers for that fiscal year, the 911 Board may reallocate part or all of the excess amount to the PSAP Grant Account established under G.S. 62A-47. The 911 Board may reallocate funds under this subsection only once each calendar year and may do so only within the three-month period that follows the end of the fiscal year. If the 911 Board reallocates more than three million dollars ($3,000,000) to the PSAP Grant Account in a calendar year, it must consider reducing the amount of the service charge in G.S. 62A-44 to reflect more accurately the underlying costs of providing 911 system services. The 911 Board must make the following; findings before it reallocates funds to the PSAP Grant Account: L1) There is a critical need for additional funding for PSAPs in rural or high-cost areas to ensure that enhanced 911 service is deployed throughout the State. The reallocation will not impair cost recovea by CMRS providers. The reallocation will not result in the insolvency of the 911 Fund. Page 6 Session Law 2007-383 SL2007-0383