Section 403 - Utah Statewide Radio System Restricted Account -- Creation -- Administration.

UT Code § 63H-7a-403 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

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

(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, 18 cents of each total radio network charge to maintain the public safety communications network, including: (A) the 800 MHz and VHF radio networks; (B) radio console network connectivity; (C) funding a statewide interoperability coordinator; and (D) supplementing costs formerly offset by public safety communications network user fees assessed by the authority before July 1, 2017; and (ii) on and after January 1, 2018, 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 Subsection 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).

(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.

(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, 18 cents of each total radio network charge to maintain the public safety communications network, including: (A) the 800 MHz and VHF radio networks; (B) radio console network connectivity; (C) funding a statewide interoperability coordinator; and (D) supplementing costs formerly offset by public safety communications network user fees assessed by the authority before July 1, 2017; and (ii) on and after January 1, 2018, 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.

(i) on and after July 1, 2017, 18 cents of each total radio network charge to maintain the public safety communications network, including: (A) the 800 MHz and VHF radio networks; (B) radio console network connectivity; (C) funding a statewide interoperability coordinator; and (D) supplementing costs formerly offset by public safety communications network user fees assessed by the authority before July 1, 2017; and

(A) the 800 MHz and VHF radio networks;

(B) radio console network connectivity;

(C) funding a statewide interoperability coordinator; and

(D) supplementing costs formerly offset by public safety communications network user fees assessed by the authority before July 1, 2017; and

(ii) on and after January 1, 2018, 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.

(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.

(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 Subsection 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.

(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 .