North Carolina § 143B-1404 - 911 Fund.

§ 143B-1404. 911 Fund.

Fund. - The 911 Fund is created as an interest-bearing special revenue fund within the State treasury. The 911 Board administers the Fund. The 911 Board must credit to the 911 Fund all revenues remitted to it from the service charge imposed by G.S. 143B-1403. Revenue in the Fund may only be used as provided in this Part. Allocation of Revenues. - The 911 Board may deduct and retain for its administrative expenses a percentage of the total service charges remitted to it under G.S. 143B-1403 for deposit in the 911 Fund. The percentage may not exceed three and one-half percent (3.5%). The percentage is one percent (1%) unless the 911 Board sets the percentage at a different amount. The 911 Board must monitor the amount of funds required to meet its duties under this Part and set the rate at an amount that enables the 911 Board to meet this commitment. The 911 Board must allocate a minimum of fifteen percent (15%) of the total service charges to the Next Generation 911 Reserve Fund to be administered as provided in G.S. 143B-1407. The 911 Board must allocate a minimum of five percent (5%) of the total service charges to the PSAP Grant and Statewide Projects Account to be administered as provided in G.S. 143B-1407. The remaining revenues remitted to the 911 Board for deposit in the 911 Fund are allocated for distribution to the primary PSAPs, CMRS providers, or the Accounts established in G.S. 143B-1407. Report. - In February of each odd-numbered year, the 911 Board must report to the Joint Legislative Commission on Governmental Operations and the Revenue Laws Study Committee. The report must contain complete information regarding receipts and expenditures of all funds received by the 911 Board during the period covered by the report, the status of the 911 system in North Carolina at the time of the report, and the results of any investigations by the Board of PSAPs that have been completed during the period covered by the report. Nature of Revenue. - The General Assembly finds that distributions of revenue from the 911 Fund are not State expenditures for the purpose of Section 5(3) of Article III of the North Carolina Constitution. Therefore, the Governor may not reduce or withhold revenue in the 911 Fund. History (2007-383, s. 1(a); 2008-134, s. 1(a); 2010-158, s. 5; 2011-122, s. 4; 2011-291, s. 2.17; 2015-241, s. 7A.3(2); 2015-261, ss. 1(d), 4(d); 2019-200, s. 7(d).) Editor's Note. - Former G.S. 62A-44 was recodified by Session Laws 2015-241, s. 7A.3(2) as G.S. 143B-1364. It was subsequently renumbered as G.S. 143B-1404 at the direction of the Revisor of Statutes. At the direction of the Revisor of Statutes, "this Part" was substituted for "this Article" and statutory references were updated. Effect of Amendments. - Session Laws 2008-134, s. 1(a), effective July 28, 2008, in subdivision (b)(1), substituted "A percentage of" for "Fifty-three percent (53%) of"; in subdivision (b)(2), substituted "A percentage of" for "Forty-seven percent (47%) of"; and added subdivision (b)(3). Session Laws 2010-158, s. 5, effective July 1, 2010, in the introductory paragraph in subsection (b), substituted "a percentage" for "up to one percent (1%)" in the first sentence, and added the second through fourth sentences. Session Laws 2011-122, s. 4, effective July 1, 2013, and applicable to all retail transactions occurring in this State, as the term is defined in this act, on or after that date, inserted "other than the funds remitted by the Department of Revenue from prepaid wireless telecommunications service" in subdivision (b)(1); inserted "all funds remitted by the Department of Revenue from prepaid wireless telecommunications service" in subdivision (b)(2); and made related punctuation changes. Session Laws 2011-291, s. 2.17, effective June 24, 2011, substituted "Joint Legislative Commission on Governmental Operations and the Revenue Laws Study Committee" for "Joint Legislative Commission on Governmental Operations, the Revenue Laws Study Committee, and the Joint Legislative Utility Review Committee" at the end of the first sentence of subsection (c). Session Laws 2015-261, ss. 1(d), 4(d), effective January 1, 2016, added the next-to-last sentence of the first paragraph of subsection (b); and deleted "voice" preceding "communication service providers" in subdivision (b)(2). Session Laws 2019-200, s. 7(c), effective August 21, 2019, deleted "on communications service connections in the State" following "G.S. 143B-1403" in the third sentence of subsection (a); and rewrote subsection (b).