41-704. Emergency telecommunication services; administration; annual report; revolving fund

A. The director of the department of administration shall:

1. Adopt rules and procedures for administering and disbursing monies deposited in the emergency telecommunication services revolving fund, and at least quarterly review and approve requests by political subdivisions of this state for payment for operating emergency telecommunication service systems.

2. In fiscal year 2001-2002 and every two years thereafter, recommend to the legislature the amount of the telecommunication services excise tax that will be required during the following two fiscal years for the purposes of this section, with supporting documentation and information. The legislature shall review the recommendation and take legislative action regarding the recommendation.

3. On or before December 1 of each year, submit a report to the director of the joint legislative budget committee containing:

(a) The department's expenditure plan for the current fiscal year for the emergency telecommunication services revolving fund established by this section.

(b) The status of the department's implementation of improvements to the 911 emergency system.

B. The emergency telecommunication services revolving fund is established to be administered by the director. The fund shall be used for:

1. Necessary or appropriate equipment or service for implementing and operating emergency telecommunication services through political subdivisions of this state. Priority shall be given to establishing emergency telecommunication services in those areas of the state that are without emergency telecommunication services.

2. Necessary or appropriate administrative costs or fees for consultants' services, not to exceed five percent of the amounts deposited annually in the revolving fund. The department may use up to two-thirds of the five percent of the amounts deposited annually in the revolving fund for administrative costs. The remainder of the five percent may be allocated for local network management of contracts with public safety answering points for emergency telecommunication services.

3. Monthly recurring costs of emergency telecommunication services, including expenditures for capital, maintenance and operation purposes.

4. A wireless carrier's costs associated with the provision, development, design, construction and maintenance of the wireless emergency telecommunication services in an amount that the wireless carrier has not recovered through the deduction mechanism specified in federal law.

C. At the end of each fiscal year, any unexpended monies in the fund, including interest, shall be carried over and do not revert to the state general fund but shall be applied to the extent possible to reduce the levy under section 42-5252, subsection A for the following fiscal year.