§ 5306.1. Fund
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 Pa.C.S.A. Health and SafetyEffective: June 28, 2019
Effective: June 28, 2019
35 Pa.C.S.A. § 5306.1
§ 5306.1. Fund
(1) The surcharge remitted under section 5307 (relating to payment, collection and remittance of surcharge by providers of 911 communications services) and the prepaid wireless surcharge remitted under section 5307.1 (relating to payment, collection and remittance of surcharge by sellers of prepaid wireless telecommunications service).
(1) The money in the fund shall be used only for reasonably necessary costs that enhance, operate or maintain a 911 system in this Commonwealth in accordance with the Statewide 911 plan established by the agency. For the purposes of this paragraph, reasonably necessary costs shall be determined by the agency, in consultation with the board, consistent with the following:
(iii) Notwithstanding any guidelines provided by the agency, use of the fund by a 911 system or the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems or to establish a capital or operating reserve consistent with a 911 system plan shall be deemed reasonably necessary.
(2) Up to 15% of the amount in the fund shall be used by the agency to establish, enhance, operate or maintain Statewide interconnectivity of 911 systems, including, but not limited to, the use or obligations of money for debt service related to regional or Statewide interconnectivity. Money under this paragraph may also be used to purchase a Statewide system designed to allow individuals to identify their phone numbers as associated with a person with a physical disability, so that when an individual makes a 911 call, the PSAP has this information.
(4) Not greater than 2% of the amount in the fund may be retained by the agency to pay for agency expenses directly related to administering the provisions of this chapter. Any excess shall be added to the amounts available for distribution under paragraph (1). Audits conducted by the agency under this section shall be funded from amounts retained under this paragraph.
(6) Notwithstanding the provisions of paragraph (5), the total annual disbursement from the fund to any one 911 system may not exceed the actual annual costs to enhance, operate or maintain that 911 system in accordance with the Statewide 911 system plan. Actual costs may include amortization or depreciation of allowable capital costs of the 911 system as determined using generally accepted accounting principles and approved plan allocations to capital and operating reserves, if approved by the agency.
(3) The remaining amount distributed to each 911 system shall be based on the ratio that its average reported allowable 911 system costs for the five years immediately preceding the effective date of this paragraph bear to the average reported allowable 911 system costs for all 911 systems for the five years immediately preceding the effective date of this paragraph.
(1) If excess money remains available in the fund after the distribution and balanced disbursements required under subsections (d) and (e), the agency shall distribute the remaining money for the enhancement, operation or maintenance of 911 systems as provided under subsection (d)(1) in this Commonwealth in accordance with the Statewide 911 system plan.
(h) County or city action required.--A county or city of the third class shall not be eligible to receive funds under this section unless the governing body of the county or city adopts a resolution or ordinance authorizing acceptance of the funds. The county or city shall provide public notice of the intent to adopt the resolution or ordinance. A copy of the resolution or ordinance shall be provided to the agency.
Credits
2015, June 29, P.L. 36, No. 12, § 3, effective Aug. 1, 2015. Amended 2019, June 28, P.L. 142, No. 17, § 4, imd. effective.
35 Pa.C.S.A. § 5306.1, PA ST 35 Pa.C.S.A. § 5306.1
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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