{"data":{"id":"us-ky/krs-65.7631","jurisdiction":"us-ky","citation":"KRS 65.7631","heading":"Apportionment of money in CMRS fund.","body":"(1) The moneys in the CMRS fund shall be apportioned among the approved uses of\nthe fund as specified in this section. The board shall make individual disbursements\nfrom the fund upon such terms and conditions necessary in view of the amount of\nrevenues on dep osit at the time each request for disbursement is reviewed and\napproved.\n(2) Not more than two and one -half percent (2.5%) of the total monthly revenues\ndeposited into the CMRS fund shall be disbursed or reserved for disbursement by\nthe board to pay the ad ministrative costs and expenses incurred in the operation of\nthe board in carrying out the functions and duties set forth in KRS 65.7621 to\n65.7643.\n(3) (a) Prior to August 1, 2022, two and one -half percent (2.5%) of the total monthly\nrevenues deposited in to the CMRS fund shall be used solely for the purpose\nof establishing or maintaining statewide 911 initiatives to assist with the\nadoption and operation of next generation 911 services and applications. Fund\ndisbursements shall be limited to equipment, har dware, software, or\ncontracted services used in the preparation for, or delivery of, next generation\n911 systems and services.\n(b) On and after August 1, 2022, and before July 1, 2025, the rate shall be five\npercent (5%).\n(c) On and after July 1, 2025, the rate shall be two and one-half percent (2.5%).\n(4) (a) Prior to August 1, 2022, ten percent (10%) of the total monthly revenues\ndeposited into the CMRS fund shall be disbursed or reserved for disbursement\nto provide direct grants, matching money, or funds to PSAPs as determined by\nthe Kentucky 911 Services Board:\n1. For the establishment and improvement of 911 services in the\nCommonwealth, including the implementation of next generation 911\ncapacity;\n2. For incentives to create more efficient delivery of 911 services by local\ngovernments receiving funding under subsection (5) of this section; and\n3. For consolidation reimbursement of two hundred thousand dollars\n($200,000) per PSAP, not to exceed four hun dred thousand dollars\n($400,000) per county, to any PSAP that consolidates with a CMRS -\ncertified PSAP, or creates a newly consolidated Phase II compliant\nPSAP. Funds shall be applied toward the cost of consolidating. If a\nPSAP consolidates and receives rei mbursement, the Kentucky 911\nServices Board shall not certify a new PSAP within the same county for\na period of ten (10) years.\n(b) On and after August 1, 2022, and before July 1, 2025, the rate shall be seven\nand one-half percent (7.5%).\n(c) On and after July 1, 2025, the rate shall be ten percent (10%).\nWhen the balance of money collected under this subsection and not yet obligated\nfor permitted uses exceeds three million dollars ($3,000,000) in any fiscal year, the\nexcess amount shall be allocated under subsection (5) of this section.\n(5) The balance of the total monthly revenues deposited into the CMRS fund after the\namounts disbursed or reserved for disbursement under subsections (2), (3), and (4)\nof this section have been subtracted shall be distributed to PSAPs eligible to receive\ndisbursement from the CMRS fund under subsection (6) of this section who\nactually request disbursement, as follows:\n(a) Fifty percent (50%) of the remaining balance to be allocated under this\nsubsection shall be distributed according to the \"PSAP pro rata formula,\"\nwhereby each state police dispatch center that previously qualified for PSAP\npro rata formula funding under subsection (6)(a)2.a. of this section but\nsubsequently qualifies under subsection (6)(a)2.b. of this secti on receives a\npercentage determined by dividing one -half (1/2) by the total number of\nPSAPs eligible to request and actually requesting disbursements under\nsubsection (6) of this section. The remaining balance to be allocated under\nthis subsection shall be distributed to all remaining qualifying PSAPs equally.\nAny PSAPs certified before January 1, 2004, or for more than three (3) years,\nthat choose to consolidate their operations shall continue to receive pro -rata\nshares as if they remained separate and dis tinct entities. The consolidated\nentity must be certified to receive funds under subsection (6) of this section;\nand\n(b) Fifty percent (50%) of the remaining balance to be allocated under this\nsubsection shall be distributed according to a method chosen by  the board and\nbased on the wireless workload of the PSAP. Methods to be considered may\nbe based on the number of wireless 911 calls answered by each PSAP, the\nnumber of wireless phone users served by each PSAP, or any other method\ndeemed by the board to b e reasonable and equitable. The method chosen by\nthe board shall be promulgated as a regulation under KRS 65.7633.\nAll amounts distributed to PSAPs under this subsection shall be used by the PSAPs\nsolely for the purposes of answering, routing, and properl y disposing of 911 calls,\ntraining PSAP staff, and public education concerning appropriate use of 911, in\naccordance with KRS 65.760(4) and (5). Additionally, amounts distributed to\nPSAPs under this subsection may be used for the purposes of complying with  the\nwireless E911 service requirements established by the FCC order and any rules and\nregulations which are or may be adopted by the Federal Communications\nCommission pursuant to the FCC order, including the payment of costs and\nexpenses incurred in desig ning, upgrading, purchasing, leasing, programming,\ntesting, installing, or maintaining all necessary data, hardware, and software\nrequired in order to provide wireless E911 service.\n(6) (a) Notwithstanding any other provision of the law, no PSAP shall be e ligible to\nrequest or receive a disbursement from the CMRS fund under subsection\n(4)(a) or (b) or (5) of this section unless and until the PSAP:\n1. Is expressly certified as a PSAP by the Kentucky 911 Services Board,\nupon written application to the board;\n2. Demonstrates that the PSAP is:\na. Providing E911 services to a local government that has adopted an\nordinance either imposing a special tax, license, or fee as\nauthorized by KRS 65.760(3) or has established other means of\nfunding wireline 911 emergency service; or\nb. A state police dispatch center that actively serves as an alternate or\nbackup PSAP for one (1) or more nonstate police PSAPs;\n3. Demonstrates that the administrator of the PSAP sent a request for\nwireless, E911 service to a CMRS provider, an d that the infrastructure\nof the local exchange carrier will support wireless E911 service;\n4. Provides an accounting of the number of wireless E911 calls received by\nthe PSAP during the prior calendar year if requested by the board;\n5. Demonstrates that t he PSAP has made the investment which is\nnecessary to allow the PSAP to receive and utilize the data elements\nassociated with wireless E911 service; and\n6. Adopts and participates in, or provides a compatible service to, board -\nfunded statewide next generation 911 projects, programs, and initiatives\nrequired to meet federal directives, and supports or implements next\ngeneration 911 emergency services Internet protocol networks, core\nservices, and geographic information services components.\n(b) In addition to the requirements of paragraph (a) of this subsection and in order\nto encourage the additional consolidation of PSAPs by local governments and\nstate government agencies, a PSAP shall receive priority consideration for\ndistributions of funds from subsection (4)(a) and (b) of this section as follows:\n1. A PSAP that is not a state police dispatch center and that covers all local\ngovernments within two (2) or more counties shall receive first priority\nin the distribution of the funds by the board;\n2. A PSAP, in cluding any state police dispatch center, that covers all the\nlocal governments within a single county shall receive second priority in\nthe distribution of the funds by the board; and\n3. A PSAP, including any state police dispatch center, that does not cov er\nall of the local governments within a single county shall receive the last\npriority for the distribution of the funds listed in this subsection by the\nboard.","path":["KRS Chapter 65"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54833","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:22Z","sha256":"e2401c6a952c6c3ef1f7f2c32e6a3b5026be54ae35fa6b80778d67284d61a5de","source_id":"us-ky","stale":false,"prev":"us-ky/krs-65.7630","next":"us-ky/krs-65.7633"},"notice":"GroundRules: Original legal text. Not legal advice."}