63H-7a-403.  Utah Statewide Radio System Restricted Account — Creation — Administration.

(1)  There is created a restricted account within the General Fund known as the “Utah Statewide Radio System Restricted Account,” consisting of:

Terms Used In Utah Code 63H-7a-403

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • 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 agency: means any political subdivision of the state dispatched by a public safety answering point. 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)  money appropriated or otherwise made available by the Legislature; and

    (b)  contributions of money from federal agencies, political subdivisions of the state, persons, or corporations.

    • (2) 

    (a)  Subject to appropriations by the Legislature and subject to this Subsection (2), the authority may expend funds in the Utah Statewide Radio System Restricted Account for the purpose of acquiring, constructing, operating, maintaining, and repairing a statewide radio system public safety communications network as authorized in Section 63H-7a-202, including:

    (i)  public safety communications network and related facilities, real property, improvements, and equipment necessary for the acquisition, construction, and operation of services and facilities;

    (ii)  installation, implementation, and maintenance of the public safety communications network;

    (iii)  maintaining and upgrading VHF and 800 MHz radio networks; and

    (iv)  an operating budget to include personnel costs not otherwise covered by funds from another account.

    (b)  For each radio network charge that is deposited into the Utah Statewide Radio System Restricted Account under Section 69-2-404, the authority shall spend, subject to an appropriation by the Legislature and this Subsection (2):

    (i)  on and after July 1, 2017, and before January 1, 2025, 18 cents of each total radio network charge to maintain the public safety communications network, including:

    (A)  the 700 MHz, 800 MHz, and VHF radio networks;

    (B)  the authority’s radio console network connectivity;

    (C)  funding a statewide interoperability coordinator; and

    (D)  authority administration costs;

    (ii)  on and after January 1, 2025, and before July 1, 2033, 27 cents of each total radio network charge to maintain the public safety communications network, including:

    (A)  the 700 MHz, 800 MHz, and VHF radio networks;

    (B)  the authority’s radio console network connectivity;

    (C)  funding a statewide interoperability coordinator; and

    (D)  authority administration costs; and

    (iii)  on and after January 1, 2018, and before January 1, 2025, 34 cents of each total radio network charge to acquire, construct, equip, and install property for, and to make improvements to, the 800 MHz radio system, including debt service costs.

    (c)  In expending funds in the Utah Statewide Radio System Restricted Account, the authority shall give a higher priority to an expenditure that:

    (i)  best promotes statewide public safety;

    (ii)  best promotes interoperability;

    (iii)  impacts the largest service territory;

    (iv)  impacts a densely populated area; or

    (v)  impacts an underserved area.

    (d)  The authority shall expend funds in the Utah Statewide Radio System Restricted Account in accordance with the authority strategic plan described in Section 63H-7a-206.

    (e)  The authority may not expend funds from the Utah Statewide Radio System Restricted Account collected through the radio network charge imposed in Section 69-2-404 on behalf of a public agency or PSAP if the public agency or PSAP chooses not to participate in the:

    (i)  public safety communications network; and

    (ii)  radio communications service defined in Section 69-2-102.

    (f)  The authority may not expend funds from the Utah Statewide Radio System Restricted Account collected through the prepaid wireless 911 service charge revenue distributed in Subsections 69-2-405(9)(a)(iii) and 69-2-405(9)(b)(iii) on behalf of a public agency or PSAP if the public agency or PSAP chooses not to participate in the:

    (i)  public safety communications network; and

    (ii)  radio communications service defined in Section 69-2-102.

    (g)  The executive director shall recommend to the board expenditures for the authority to make from the Utah Statewide Radio System Restricted Account in accordance with this Subsection (2).

    (3)  Subject to appropriations by the Legislature , the Administrative Services Division may expend funds in the Utah Statewide Radio System Restricted Account for administrative costs that the Administrative Services Division incurs related to the Utah Statewide Radio System Restricted Account .

    Amended by Chapter 435, 2022 General Session

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