Utah Code 63H-7a-304.5. Distributions from 911 account to qualifying PSAPs

63H-7a-304.5. Distributions from 911 account to qualifying PSAPs.

(1)

As used in this section:

Terms Used In Utah Code 63H-7a-304.5

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Authority: means the Utah Communications Authority created in Section 63H-7a-201. See Utah Code 63H-7a-103
Board: means the Utah Communications Authority Board created in Section 63H-7a-203. See Utah Code 63H-7a-103
CAD-to-CAD: means standardized connectivity between PSAPs or between a PSAP and a dispatch center for the transmission of data between CADs. See Utah Code 63H-7a-103
Dispatch center: means an entity that receives and responds to an emergency or nonemergency communication transferred to the entity from a public safety answering point. See Utah Code 63H-7a-103
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
PSAP: means an entity in this state that:

(a)	receives, as a first point of contact, direct 911 emergency communications from the 911 emergency service network requesting a public safety service;

(b)	has a facility with the equipment and staff necessary to receive the communication;

(c)	assesses, classifies, and prioritizes the communication; and

(d)

dispatches the communication to the proper responding agency. See Utah Code 63H-7a-103

Public safety communications network: means :

(a)	a regional or statewide public safety governmental communications network and related facilities, including real property, improvements, and equipment necessary for the acquisition, construction, and operation of the services and facilities; and

(b)	911 emergency services, including radio communications, connectivity, and 911 call processing equipment. See Utah Code 63H-7a-103 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(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 26-8a-303.

(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

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