| 1 | 1 | | Session of 2023 |
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| 2 | 2 | | HOUSE BILL No. 2309 |
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| 3 | 3 | | By Committee on Energy, Utilities and Telecommunications |
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| 4 | 4 | | 2-6 |
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| 5 | 5 | | AN ACT concerning the Kansas 911 act; relating to the 911 coordinating |
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| 6 | 6 | | council; making the 911 coordinating council subject to the Kansas |
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| 7 | 7 | | governmental operations accountability law; reducing the fees imposed |
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| 8 | 8 | | on telecommunications services and prepaid wireless services pursuant |
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| 9 | 9 | | to such act; amending K.S.A. 12-5364, 12-5369 and 12-5371 and |
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| 10 | 10 | | repealing the existing sections. |
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| 11 | 11 | | Be it enacted by the Legislature of the State of Kansas: |
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| 12 | 12 | | Section 1. K.S.A. 12-5364 is hereby amended to read as follows: 12- |
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| 13 | 13 | | 5364. (a) (1) There is hereby created the 911 coordinating council, which |
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| 14 | 14 | | shall monitor the delivery of 911 services, develop strategies for future |
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| 15 | 15 | | enhancements to the 911 system and distribute available grant funds to |
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| 16 | 16 | | PSAPs. In as much as possible, the council shall include individuals with |
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| 17 | 17 | | technical expertise regarding 911 systems, internet technology and GIS |
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| 18 | 18 | | technology. |
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| 19 | 19 | | (2) The 911 coordinating council shall consist of 13 voting members |
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| 20 | 20 | | to be appointed by the governor: Two members representing information |
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| 21 | 21 | | technology personnel from government units; one member representing |
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| 22 | 22 | | the Kansas sheriff's association; one member representing the Kansas |
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| 23 | 23 | | association of chiefs of police; one member representing a fire chief; one |
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| 24 | 24 | | member recommended by the adjutant general; one member recommended |
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| 25 | 25 | | by the Kansas emergency medical services board; one member |
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| 26 | 26 | | recommended by the Kansas commission for the deaf and hard of hearing; |
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| 27 | 27 | | two members representing PSAPs located in counties with less than |
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| 28 | 28 | | 75,000 in population; two members representing PSAPs located in |
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| 29 | 29 | | counties with greater than 75,000 in population; and one member |
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| 30 | 30 | | representing the Kansas chapter of the association of public safety |
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| 31 | 31 | | communications officials. At least two of the members representing PSAPs |
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| 32 | 32 | | shall be administrators of a PSAP or have extensive prior 911 experience |
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| 33 | 33 | | in Kansas. |
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| 34 | 34 | | (3) Other voting members of the 911 coordinating council shall |
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| 35 | 35 | | include: One member of the Kansas house of representatives as appointed |
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| 36 | 36 | | by the speaker of the house; one member of the Kansas house of |
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| 37 | 37 | | representatives as appointed by the minority leader of the house; one |
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| 38 | 38 | | member of the Kansas senate as appointed by the senate president; and one |
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| 39 | 39 | | member of the Kansas senate as appointed by the senate minority leader. |
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| 75 | 75 | | 36 HB 2309 2 |
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| 76 | 76 | | (4) The 911 coordinating council shall also include nonvoting |
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| 77 | 77 | | members to be appointed by the governor: One member representing rural |
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| 78 | 78 | | telecommunications companies recommended by the Kansas rural |
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| 79 | 79 | | independent telephone companies; one member representing incumbent |
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| 80 | 80 | | local exchange carriers with over 50,000 access lines; one member |
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| 81 | 81 | | representing large wireless providers; one member representing VoIP |
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| 82 | 82 | | providers; one member recommended by the league of Kansas |
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| 83 | 83 | | municipalities; one member recommended by the Kansas association of |
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| 84 | 84 | | counties; one member recommended by the Kansas geographic |
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| 85 | 85 | | information systems policy board; one member recommended by the |
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| 86 | 86 | | Kansas office of information technology services; one member, who is a |
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| 87 | 87 | | Kansas resident, recommended by the Mid-America regional council; and |
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| 88 | 88 | | two members representing non-traditional PSAPs, one of whom shall be a |
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| 89 | 89 | | representative of tribal government. |
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| 90 | 90 | | (b) (1) Except as provided in subsection (b)(2) and (b)(3), the terms |
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| 91 | 91 | | of office for voting members of the 911 coordinating council shall |
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| 92 | 92 | | commence on the effective date of this act and shall be subject to |
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| 93 | 93 | | reappointment every three years. No voting member shall serve longer |
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| 94 | 94 | | than two successive three-year terms. A voting member appointed as a |
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| 95 | 95 | | replacement for another voting member may finish the term of the |
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| 96 | 96 | | predecessor and may serve two additional successive three-year terms. |
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| 97 | 97 | | (2) The following members, whose terms began on the effective date |
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| 98 | 98 | | of this act, shall serve initial terms as follows: |
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| 99 | 99 | | (A) One member representing information technology personnel from |
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| 100 | 100 | | government units, one member recommended by the adjutant general, one |
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| 101 | 101 | | member representing PSAPs located in counties with less than 75,000 in |
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| 102 | 102 | | population and one member representing PSAPs located in counties with |
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| 103 | 103 | | 75,000 or more in population shall serve a term of two years; |
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| 104 | 104 | | (B) one member representing information technology personnel from |
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| 105 | 105 | | government units, one member recommended by the Kansas emergency |
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| 106 | 106 | | medical services board, one member representing PSAPs located in |
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| 107 | 107 | | counties with less than 75,000 in population and one member representing |
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| 108 | 108 | | PSAPs, without regard to size shall serve a term of three years; and |
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| 109 | 109 | | (C) one member representing a fire chief, one member recommended |
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| 110 | 110 | | by the Kansas commission for the deaf and hard of hearing, one member |
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| 111 | 111 | | representing the Kansas association of chiefs of police and one member |
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| 112 | 112 | | representing PSAPs located in counties with 75,000 or more in population |
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| 113 | 113 | | shall serve a term of four years. |
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| 114 | 114 | | (3) The initial term for one member representing the Kansas sheriff's |
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| 115 | 115 | | association shall begin on July 1, 2014, and be for a period of three years. |
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| 116 | 116 | | (4) The terms of members specified in this subsection shall expire on |
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| 117 | 117 | | June 30 in the last year of such member's term. |
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| 118 | 118 | | (c) (1) The governor shall select the chair of the 911 coordinating |
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| 161 | 161 | | 43 HB 2309 3 |
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| 162 | 162 | | council, who shall serve at the pleasure of the governor and have extensive |
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| 163 | 163 | | prior 911 experience in Kansas. |
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| 164 | 164 | | (2) The chair shall serve as the coordinator of E-911 services and next |
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| 165 | 165 | | generation 911 services in the state, implement statewide 911 planning, |
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| 166 | 166 | | have the authority to sign all certifications required under 47 C.F.R. part |
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| 167 | 167 | | 400 and administer the 911 federal grant fund and 911 state maintenance |
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| 168 | 168 | | fund. The chair shall serve subject to the direction of the council and |
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| 169 | 169 | | ensure that policies adopted by the council are carried out. The chair shall |
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| 170 | 170 | | serve as the liaison between the council and the LCPA. The chair shall |
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| 171 | 171 | | preside over all meetings of the council and assist the council in |
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| 172 | 172 | | effectuating the provisions of this act. |
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| 173 | 173 | | (d) The 911 coordinating council, by an affirmative vote of nine |
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| 174 | 174 | | voting members, shall select the local collection point administrator, |
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| 175 | 175 | | pursuant to K.S.A. 12-5367, and amendments thereto, to collect 911 fees |
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| 176 | 176 | | and to distribute such fees to PSAPs and to distribute 911 operations fund |
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| 177 | 177 | | moneys and 911 state grant fund moneys as directed by the council. The |
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| 178 | 178 | | council shall adopt rules and regulations for the terms of the contract with |
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| 179 | 179 | | the LCPA. All contract terms and conditions shall satisfy all contract |
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| 180 | 180 | | requirements as established by the secretary of administration. The council |
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| 181 | 181 | | shall determine the compensation of the LCPA who shall provide the |
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| 182 | 182 | | council with any staffing necessary in carrying out the business of the |
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| 183 | 183 | | council or effectuating the provisions of this act. The moneys used to |
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| 184 | 184 | | reimburse these expenses shall be paid from the 911 operations fund, |
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| 185 | 185 | | pursuant to subsection (j). |
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| 186 | 186 | | (e) (1) The 911 coordinating council is hereby authorized to adopt |
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| 187 | 187 | | rules and regulations necessary to effectuate the provisions of this act, |
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| 188 | 188 | | including, but not limited to: (A) Creating a uniform reporting form |
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| 189 | 189 | | designating how moneys, including 911 fees, have been spent by the |
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| 190 | 190 | | PSAPs; (B) requiring service providers to notify the council pursuant to |
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| 191 | 191 | | subsection (k); (C) establishing standards for coordinating and purchasing |
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| 192 | 192 | | equipment; (D) recommending standards for general operations training of |
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| 193 | 193 | | PSAP personnel; (E) establishing training standards and programs related |
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| 194 | 194 | | to the technology and operations of the NG911 hosted solution; (F) |
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| 195 | 195 | | establishing data standards, maintenance policies and data reporting |
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| 196 | 196 | | requirements for GIS data; and (G) assessing civil penalties pursuant to |
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| 197 | 197 | | subsection (m). |
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| 198 | 198 | | (2) The chair of the council shall work with the council to adopt rules |
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| 199 | 199 | | and regulations necessary for the administration of this act, but the council |
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| 200 | 200 | | shall not adopt any rules and regulations or impose any requirements that |
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| 201 | 201 | | creates a mandatory certification program of PSAP operations or PSAP |
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| 202 | 202 | | emergency communications personnel. |
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| 203 | 203 | | (f) If the 911 coordinating council finds that the GIS data for a PSAP |
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| 204 | 204 | | is inaccurate or has not been updated for one year or more, the council |
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| 247 | 247 | | 43 HB 2309 4 |
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| 248 | 248 | | shall give written notice to the governing body that oversees the PSAP. If, |
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| 249 | 249 | | within 60 days of providing such notice, the council does not receive an |
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| 250 | 250 | | acceptable proposal for the PSAP to bring the GIS data into compliance, |
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| 251 | 251 | | the council may contract with a third party to review and update the GIS |
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| 252 | 252 | | data. A PSAP with GIS data that has not been updated for one year or more |
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| 253 | 253 | | may provide a certification attesting that the GIS data has been reviewed |
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| 254 | 254 | | and remains accurate. If the council receives such certification and has |
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| 255 | 255 | | information that the data may not be accurate, the council shall provide a |
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| 256 | 256 | | written notice to the PSAP that describes the areas the council believes to |
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| 257 | 257 | | be inaccurate and a deadline of 30 days for the PSAP to submit updated |
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| 258 | 258 | | GIS data. If the updated GIS data is not received within the deadline, the |
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| 259 | 259 | | council may contract with a third party to review and update the GIS data. |
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| 260 | 260 | | The council shall assess the governing body that oversees the PSAP for |
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| 261 | 261 | | any costs incurred in updating the GIS data. |
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| 262 | 262 | | (g) The council may, pursuant to rules and regulations, lower the 911 |
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| 263 | 263 | | fee established pursuant to K.S.A. 12-5369, and amendments thereto, upon |
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| 264 | 264 | | a finding based on information submitted on the uniform reporting forms, |
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| 265 | 265 | | that moneys generated by such fee are in excess of the costs required to |
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| 266 | 266 | | operate PSAPs in the state. |
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| 267 | 267 | | (h) The council may appoint subcommittees as necessary to |
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| 268 | 268 | | administer grants, oversee collection and distribution of moneys by the |
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| 269 | 269 | | LCPA, develop technology standards, develop training recommendations |
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| 270 | 270 | | and other issues as deemed necessary by the council. Subcommittees, if |
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| 271 | 271 | | appointed, shall include members of the council and other persons as |
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| 272 | 272 | | needed. |
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| 273 | 273 | | (i) The council may reimburse independent contractors or state |
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| 274 | 274 | | agencies for expenses incurred in carrying out the business of the council, |
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| 275 | 275 | | including salaries, that are directly attributable to effectuating the |
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| 276 | 276 | | provisions of this act. The moneys used to reimburse these expenses shall |
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| 277 | 277 | | be paid from the 911 operations fund, pursuant to subsection (j). |
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| 278 | 278 | | (j) All expenses related to the council shall be paid from the 911 |
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| 279 | 279 | | operations fund. No more than 2.0% of the total receipts from providers |
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| 280 | 280 | | and the department received by the LCPA shall be used to pay for |
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| 281 | 281 | | administrative expenses of the council. Members of the council and other |
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| 282 | 282 | | persons appointed to subcommittees by the council may receive |
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| 283 | 283 | | reimbursement for meals and travel expenses, but shall serve without other |
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| 284 | 284 | | compensation with the exception of legislative members who shall receive |
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| 285 | 285 | | compensation pursuant to K.S.A. 75-3212, and amendments thereto. |
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| 286 | 286 | | (k) Every provider shall submit contact information for the provider |
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| 287 | 287 | | to the council. Any provider that has not previously provided wireless |
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| 288 | 288 | | telecommunications service in this state shall submit contact information |
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| 289 | 289 | | for the provider to the council within three months of first offering |
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| 290 | 290 | | wireless telecommunications services in this state. |
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| 333 | 333 | | 43 HB 2309 5 |
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| 334 | 334 | | (l) (l) Each PSAP shall file an annual report with the council by |
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| 335 | 335 | | March 1 of each year demonstrating how such PSAP has spent the moneys |
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| 336 | 336 | | earned from the 911 fee during the preceding calendar year. The council |
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| 337 | 337 | | shall designate the content and form of such report and any associated |
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| 338 | 338 | | documentation that is required to finalize such report. |
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| 339 | 339 | | (2) If a PSAP fails to file and finalize an annual report, the council |
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| 340 | 340 | | shall provide notice of such failure to the PSAP and the governing body of |
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| 341 | 341 | | such PSAP. If such PSAP fails to file or finalize an annual report within 60 |
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| 342 | 342 | | days of receiving such notice, 10% of each subsequent distribution of 911 |
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| 343 | 343 | | fees to such PSAP pursuant to K.S.A. 12-5373, and amendments thereto, |
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| 344 | 344 | | shall be withheld by the LCPA and only distributed to such PSAP once the |
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| 345 | 345 | | report has been submitted. |
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| 346 | 346 | | (m) The council, upon a finding that a provider has violated any |
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| 347 | 347 | | provision of this act, may impose a civil penalty. No civil penalty shall be |
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| 348 | 348 | | imposed pursuant to this section except upon the written order of the |
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| 349 | 349 | | council. Such order shall state the violation, the penalty to be imposed and |
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| 350 | 350 | | the right of such person to appeal to a hearing before the council. Any such |
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| 351 | 351 | | person may, within 15 days after service of the order, make a written |
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| 352 | 352 | | request to the council for a hearing thereon. Hearings under this subsection |
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| 353 | 353 | | shall be conducted in accordance with the provisions of the Kansas |
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| 354 | 354 | | administrative procedure act. |
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| 355 | 355 | | (n) Any action of the council pursuant to subsection (m) is subject to |
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| 356 | 356 | | review in accordance with the Kansas judicial review act. |
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| 357 | 357 | | (o) Any civil penalty recovered pursuant to this section shall be |
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| 358 | 358 | | transferred to the LCPA for deposit in the 911 state grant fund. |
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| 359 | 359 | | (p) The 911 coordinating council shall make an annual report, to |
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| 360 | 360 | | include a detailed description of all expenditures made from 911 fees |
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| 361 | 361 | | received by the PSAPs, to the house committee on energy, utilities and |
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| 362 | 362 | | telecommunications and the senate committee on utilities. |
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| 363 | 363 | | (q) The provisions of the Kansas governmental operations |
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| 364 | 364 | | accountability law apply to the 911 coordinating council, and the council, |
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| 365 | 365 | | any subcommittees, contractors or subcontractors of the council shall be |
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| 366 | 366 | | subject to audit, review and evaluation under such law. |
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| 367 | 367 | | Sec. 2. K.S.A. 12-5369 is hereby amended to read as follows: 12- |
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| 368 | 368 | | 5369. Subject to the provisions of K.S.A. 12-5364(g), and amendments |
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| 369 | 369 | | thereto, there is hereby imposed a 911 fee in the amount of $.90 $0.72 per |
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| 370 | 370 | | month per subscriber account of any exchange telecommunications |
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| 371 | 371 | | service, wireless telecommunications service, VoIP service, or other |
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| 372 | 372 | | service capable of contacting a PSAP. Such fee shall not be imposed on |
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| 373 | 373 | | prepaid wireless service. It shall be the duty of each exchange |
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| 374 | 374 | | telecommunications service provider, wireless telecommunications service |
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| 375 | 375 | | provider, VoIP service provider or other service provider to remit such fees |
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| 376 | 376 | | to the LCPA as provided in K.S.A. 12-5370, and amendments thereto. |
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| 419 | 419 | | 43 HB 2309 6 |
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| 420 | 420 | | Sec. 3. K.S.A. 12-5371 is hereby amended to read as follows: 12- |
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| 421 | 421 | | 5371. (a) There is hereby imposed a prepaid wireless 911 fee of 2.06% |
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| 422 | 422 | | 1.65% per retail transaction or, on and after the effective date of an |
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| 423 | 423 | | adjusted amount per retail transaction that is established under subsection |
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| 424 | 424 | | (f), such adjusted amount. |
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| 425 | 425 | | (b) The prepaid wireless 911 fee shall be collected by the seller from |
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| 426 | 426 | | the consumer with respect to each retail transaction occurring in this state. |
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| 427 | 427 | | The amount of the prepaid wireless 911 fee shall be either separately stated |
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| 428 | 428 | | on an invoice, receipt or other similar document that is provided to the |
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| 429 | 429 | | consumer by the seller, or otherwise disclosed to the consumer. |
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| 430 | 430 | | (c) For purposes of subsection (b), a retail transaction that is effected |
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| 431 | 431 | | in person by a consumer in a business location of the seller shall be treated |
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| 432 | 432 | | as occurring in this state if that business location is in this state, and any |
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| 433 | 433 | | other retail transaction shall be treated as occurring in this state if the retail |
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| 434 | 434 | | transaction is treated as occurring in this state for the purposes of K.S.A. |
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| 435 | 435 | | 79-3673(c)(3), and amendments thereto. |
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| 436 | 436 | | (d) The prepaid wireless 911 fee is the liability of the consumer and |
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| 437 | 437 | | not of the seller nor of any provider, except that the seller shall be liable to |
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| 438 | 438 | | remit all prepaid wireless 911 fees that the seller collects from consumers |
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| 439 | 439 | | pursuant to this section, and amendments thereto, including all such fees |
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| 440 | 440 | | that the seller is deemed to collect where the amount of the charge has not |
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| 441 | 441 | | been separately stated in an invoice, receipt or other similar document |
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| 442 | 442 | | provided to the consumer by the seller. |
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| 443 | 443 | | (e) The amount of the prepaid wireless 911 fee that is collected by a |
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| 444 | 444 | | seller from a consumer, if such amount is separately stated on an invoice, |
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| 445 | 445 | | receipt or other similar document provided to the consumer by the seller, |
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| 446 | 446 | | shall not be included in the base for measuring any tax, fee, surcharge or |
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| 447 | 447 | | other charge that is imposed by this state, any political subdivision of this |
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| 448 | 448 | | state or any intergovernmental agency. |
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| 449 | 449 | | (f) The prepaid wireless 911 fee shall be proportionately reduced |
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| 450 | 450 | | upon any reduction to the fee imposed by K.S.A. 12-5369(a), and |
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| 451 | 451 | | amendments thereto, pursuant to the 911 coordinating council's authority |
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| 452 | 452 | | to reduce the fee under K.S.A. 12-5364(g), and amendments thereto. The |
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| 453 | 453 | | adjusted amount shall be the product quotient of dividing the numeric |
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| 454 | 454 | | amount of the new fee adjusted pursuant to K.S.A. 12-5364(g), and |
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| 455 | 455 | | amendments thereto, by 50. Such reduction shall be effective on the |
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| 456 | 456 | | effective date of the reduction of the fee imposed by K.S.A. 12-5369(a), |
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| 457 | 457 | | and amendments thereto, or, if later, the first day of the calendar quarter to |
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| 458 | 458 | | occur at least 60 days after the enactment of the reduction of the fee |
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| 459 | 459 | | imposed by K.S.A. 12-5369(a), and amendments thereto. The department |
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| 460 | 460 | | shall provide not less than 60 days' notice of such decrease on the |
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| 461 | 461 | | department's website. |
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| 462 | 462 | | (g) When prepaid wireless service is sold with one or more other |
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| 505 | 505 | | 43 HB 2309 7 |
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| 506 | 506 | | products or services for a single, non-itemized price, then the percentage |
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| 507 | 507 | | specified in subsection (a) shall apply to the entire non-itemized price |
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| 508 | 508 | | unless the seller elects to apply such percentage to: (1) If the amount of the |
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| 509 | 509 | | prepaid wireless service is disclosed to the consumer as a dollar amount, |
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| 510 | 510 | | such dollar amount; or (2) if the seller can identify the portion of the price |
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| 511 | 511 | | that is attributable to the prepaid wireless service by reasonable and |
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| 512 | 512 | | verifiable standards from its books and records that are kept in the regular |
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| 513 | 513 | | course of business for other purposes, including, but not limited to, non- |
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| 514 | 514 | | tax purposes, such portion. |
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| 515 | 515 | | Sec. 4. K.S.A. 12-5364, 12-5369 and 12-5371 are hereby repealed. |
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| 516 | 516 | | Sec. 5. This act shall take effect and be in force from and after July 1, |
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| 517 | 517 | | 2024, and its publication in the statute book. |
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