                                 CODE OF VIRGINIA

WIRELESS E-911 FUND; USES OF FUND; ENFORCEMENT; AUDIT REQUIRED (§ 56-484.17)

A. There is hereby created in the state treasury a special nonreverting fund to
be known as the Wireless E-911 Fund (the Fund). The Fund shall be established on
the books of the Comptroller. Interest earned on moneys in the Fund shall remain
in the Fund and be credited to it. Any moneys remaining in the Fund, including
interest thereon, at the end of each fiscal year shall not revert to the general
fund but shall remain in the Fund. Except as provided in &#xA7; 44-146.18:5,
moneys in the Fund shall be used for the purposes stated in subsections C and D.
Expenditures and disbursements from the Fund shall be made by the State
Treasurer on warrants issued by the Comptroller upon written request signed by
the Tax Commissioner or the State Coordinator of Emergency Management.

B. Each CMRS provider and each CMRS reseller shall collect a monthly wireless
E-911 surcharge of $0.82 from each of its customers whose place of primary use
is within the Commonwealth. However, no surcharge shall be imposed on federal,
state and local government agencies. A payment equal to all wireless E-911
surcharges shall be remitted within 30 days to the Department of Taxation. The
Department of Taxation, after subtracting its direct costs of administration,
shall deposit all remitted wireless E-911 surcharges into the state treasury.
The Comptroller shall as soon as practicable deposit such moneys into the Fund.
Each CMRS provider and CMRS reseller may retain an amount equal to three percent
of the wireless E-911 surcharges collected to defray the costs of collecting the
surcharges. State and local taxes shall not apply to any wireless E-911
surcharge collected from customers. Surcharges collected from customers shall be
subject to the provisions of the federal Mobile Telecommunications Sourcing Act
(4 U.S.C. &#xA7; 116 et seq., as amended).
			The CMRS provider and CMRS reseller shall collect the surcharge through
regular periodic billing.

C. Sixty percent of the Wireless E-911 Fund shall be distributed on a monthly
basis to the PSAPs according to each PSAP&#8217;s average pro rata distribution
from the Wireless E-911 Fund for fiscal years 2007-2012, taking into account any
funding adjustments made pursuant to subsection E. On or before July 1, 2018,
and every five years thereafter, the Department of Taxation shall recalculate
the distribution percentage for each PSAP based on the population and call load
data of the PSAP for the previous five fiscal years, which data shall continue
to be received by the Board and then reported to the Department of Taxation. The
distribution from the Wireless E-911 Fund shall be made on a monthly basis to
the PSAPs according to such distribution percentage beginning July 1 of such
fiscal year.

D. The remaining 40 percent of the Fund shall be distributed to PSAPs or on
behalf of PSAPs based on grant requests received by the Board each fiscal year.
The Board shall establish criteria for receiving and making grants from the
Fund, including procedures for determining the amount of a grant and payment
schedule. The Board shall give the highest priority to grants that support the
regional or multijurisdictional deployment and sustainment of NG9-1-1, and it
shall give secondary priority to grants that support the deployment and
sustainment of (i) NG9-1-1 in a single jurisdiction and (ii) in-building
repeaters that improve public safety radio coverage within buildings with
impaired radio coverage. If requested by an originating service provider, the
Board shall execute a contract to reimburse that originating service provider
for its costs incurred to deliver 9-1-1 calls to the ESInet points of
interconnection. The Board shall ensure that cost is minimized while still
achieving necessary 9-1-1 service and ESInet objectives. The Board may retain
some or all of this uncommitted funding for an identified 9-1-1 funding need or
for a reserve balance pursuant to a reserve balance policy adopted by the Board.

E. After the end of each fiscal year, on a schedule adopted by the Board, the
Board shall audit the grant funding received by all recipients to ensure it was
utilized in accordance with the grant requirements. Each funding recipient shall
provide such verification of such costs as may be requested by the Board. Any
overpayment shall be refunded to the Board or credited to payments during the
then-current fiscal year, on such schedule as the Board shall determine. If
payments are less than the actual costs reported, the Board may include the
additional funding in the then-current fiscal year.

F. The Auditor of Public Accounts, or his legally authorized representatives,
shall audit the Wireless E-911 Fund as determined necessary by the Auditor of
Public Accounts. The cost of such audit shall be borne by the Board and be
payable from the Wireless E-911 Fund, as appropriate. The Board shall furnish
copies of the audits to the Governor, the Public Safety Subcommittees of the
Senate Committee on Finance and Appropriations and the House Committee on
Appropriations, and the Virginia State Crime Commission.

G. The special tax authorized by &#xA7; 58.1-1730 shall not be imposed on
consumers of CMRS.

HISTORY: 2000, c. 1064; 2001, c. 529; 2002, c. 68; 2003, c. 341; 2004, c. 167;
2005, c. 942; 2006, cc. 739, 780; 2010, cc. 466, 566; 2011, cc. 162, 630; 2012,
cc. 25, 165, 672; 2017, cc. 22, 260; 2018, cc. 57, 307, 532, 533; 2020, c. 423;
2021, Sp. Sess. I, c. 248.