Session of 2023
HOUSE BILL No. 2309
By Committee on Energy, Utilities and Telecommunications
2-6
AN ACT concerning the Kansas 911 act; relating to the 911 coordinating
council; making the 911 coordinating council subject to the Kansas
governmental operations accountability law; reducing the fees imposed
on telecommunications services and prepaid wireless services pursuant
to such act; amending K.S.A. 12-5364, 12-5369 and 12-5371 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-5364 is hereby amended to read as follows: 12-
5364. (a) (1) There is hereby created the 911 coordinating council, which
shall monitor the delivery of 911 services, develop strategies for future
enhancements to the 911 system and distribute available grant funds to
PSAPs. In as much as possible, the council shall include individuals with
technical expertise regarding 911 systems, internet technology and GIS
technology.
(2) The 911 coordinating council shall consist of 13 voting members
to be appointed by the governor: Two members representing information
technology personnel from government units; one member representing
the Kansas sheriff's association; one member representing the Kansas
association of chiefs of police; one member representing a fire chief; one
member recommended by the adjutant general; one member recommended
by the Kansas emergency medical services board; one member
recommended by the Kansas commission for the deaf and hard of hearing;
two members representing PSAPs located in counties with less than
75,000 in population; two members representing PSAPs located in
counties with greater than 75,000 in population; and one member
representing the Kansas chapter of the association of public safety
communications officials. At least two of the members representing PSAPs
shall be administrators of a PSAP or have extensive prior 911 experience
in Kansas.
(3) Other voting members of the 911 coordinating council shall
include: One member of the Kansas house of representatives as appointed
by the speaker of the house; one member of the Kansas house of
representatives as appointed by the minority leader of the house; one
member of the Kansas senate as appointed by the senate president; and one
member of the Kansas senate as appointed by the senate minority leader.
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(4) The 911 coordinating council shall also include nonvoting
members to be appointed by the governor: One member representing rural
telecommunications companies recommended by the Kansas rural
independent telephone companies; one member representing incumbent
local exchange carriers with over 50,000 access lines; one member
representing large wireless providers; one member representing VoIP
providers; one member recommended by the league of Kansas
municipalities; one member recommended by the Kansas association of
counties; one member recommended by the Kansas geographic
information systems policy board; one member recommended by the
Kansas office of information technology services; one member, who is a
Kansas resident, recommended by the Mid-America regional council; and
two members representing non-traditional PSAPs, one of whom shall be a
representative of tribal government.
(b) (1) Except as provided in subsection (b)(2) and (b)(3), the terms
of office for voting members of the 911 coordinating council shall
commence on the effective date of this act and shall be subject to
reappointment every three years. No voting member shall serve longer
than two successive three-year terms. A voting member appointed as a
replacement for another voting member may finish the term of the
predecessor and may serve two additional successive three-year terms.
(2) The following members, whose terms began on the effective date
of this act, shall serve initial terms as follows:
(A) One member representing information technology personnel from
government units, one member recommended by the adjutant general, one
member representing PSAPs located in counties with less than 75,000 in
population and one member representing PSAPs located in counties with
75,000 or more in population shall serve a term of two years;
(B) one member representing information technology personnel from
government units, one member recommended by the Kansas emergency
medical services board, one member representing PSAPs located in
counties with less than 75,000 in population and one member representing
PSAPs, without regard to size shall serve a term of three years; and
(C) one member representing a fire chief, one member recommended
by the Kansas commission for the deaf and hard of hearing, one member
representing the Kansas association of chiefs of police and one member
representing PSAPs located in counties with 75,000 or more in population
shall serve a term of four years.
(3) The initial term for one member representing the Kansas sheriff's
association shall begin on July 1, 2014, and be for a period of three years.
(4) The terms of members specified in this subsection shall expire on
June 30 in the last year of such member's term.
(c) (1) The governor shall select the chair of the 911 coordinating
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council, who shall serve at the pleasure of the governor and have extensive
prior 911 experience in Kansas.
(2) The chair shall serve as the coordinator of E-911 services and next
generation 911 services in the state, implement statewide 911 planning,
have the authority to sign all certifications required under 47 C.F.R. part
400 and administer the 911 federal grant fund and 911 state maintenance
fund. The chair shall serve subject to the direction of the council and
ensure that policies adopted by the council are carried out. The chair shall
serve as the liaison between the council and the LCPA. The chair shall
preside over all meetings of the council and assist the council in
effectuating the provisions of this act.
(d) The 911 coordinating council, by an affirmative vote of nine
voting members, shall select the local collection point administrator,
pursuant to K.S.A. 12-5367, and amendments thereto, to collect 911 fees
and to distribute such fees to PSAPs and to distribute 911 operations fund
moneys and 911 state grant fund moneys as directed by the council. The
council shall adopt rules and regulations for the terms of the contract with
the LCPA. All contract terms and conditions shall satisfy all contract
requirements as established by the secretary of administration. The council
shall determine the compensation of the LCPA who shall provide the
council with any staffing necessary in carrying out the business of the
council or effectuating the provisions of this act. The moneys used to
reimburse these expenses shall be paid from the 911 operations fund,
pursuant to subsection (j).
(e) (1) The 911 coordinating council is hereby authorized to adopt
rules and regulations necessary to effectuate the provisions of this act,
including, but not limited to: (A) Creating a uniform reporting form
designating how moneys, including 911 fees, have been spent by the
PSAPs; (B) requiring service providers to notify the council pursuant to
subsection (k); (C) establishing standards for coordinating and purchasing
equipment; (D) recommending standards for general operations training of
PSAP personnel; (E) establishing training standards and programs related
to the technology and operations of the NG911 hosted solution; (F)
establishing data standards, maintenance policies and data reporting
requirements for GIS data; and (G) assessing civil penalties pursuant to
subsection (m).
(2) The chair of the council shall work with the council to adopt rules
and regulations necessary for the administration of this act, but the council
shall not adopt any rules and regulations or impose any requirements that
creates a mandatory certification program of PSAP operations or PSAP
emergency communications personnel.
(f) If the 911 coordinating council finds that the GIS data for a PSAP
is inaccurate or has not been updated for one year or more, the council
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shall give written notice to the governing body that oversees the PSAP. If,
within 60 days of providing such notice, the council does not receive an
acceptable proposal for the PSAP to bring the GIS data into compliance,
the council may contract with a third party to review and update the GIS
data. A PSAP with GIS data that has not been updated for one year or more
may provide a certification attesting that the GIS data has been reviewed
and remains accurate. If the council receives such certification and has
information that the data may not be accurate, the council shall provide a
written notice to the PSAP that describes the areas the council believes to
be inaccurate and a deadline of 30 days for the PSAP to submit updated
GIS data. If the updated GIS data is not received within the deadline, the
council may contract with a third party to review and update the GIS data.
The council shall assess the governing body that oversees the PSAP for
any costs incurred in updating the GIS data.
(g) The council may, pursuant to rules and regulations, lower the 911
fee established pursuant to K.S.A. 12-5369, and amendments thereto, upon
a finding based on information submitted on the uniform reporting forms,
that moneys generated by such fee are in excess of the costs required to
operate PSAPs in the state.
(h) The council may appoint subcommittees as necessary to
administer grants, oversee collection and distribution of moneys by the
LCPA, develop technology standards, develop training recommendations
and other issues as deemed necessary by the council. Subcommittees, if
appointed, shall include members of the council and other persons as
needed.
(i) The council may reimburse independent contractors or state
agencies for expenses incurred in carrying out the business of the council,
including salaries, that are directly attributable to effectuating the
provisions of this act. The moneys used to reimburse these expenses shall
be paid from the 911 operations fund, pursuant to subsection (j).
(j) All expenses related to the council shall be paid from the 911
operations fund. No more than 2.0% of the total receipts from providers
and the department received by the LCPA shall be used to pay for
administrative expenses of the council. Members of the council and other
persons appointed to subcommittees by the council may receive
reimbursement for meals and travel expenses, but shall serve without other
compensation with the exception of legislative members who shall receive
compensation pursuant to K.S.A. 75-3212, and amendments thereto.
(k) Every provider shall submit contact information for the provider
to the council. Any provider that has not previously provided wireless
telecommunications service in this state shall submit contact information
for the provider to the council within three months of first offering
wireless telecommunications services in this state.
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(l) (l) Each PSAP shall file an annual report with the council by
March 1 of each year demonstrating how such PSAP has spent the moneys
earned from the 911 fee during the preceding calendar year. The council
shall designate the content and form of such report and any associated
documentation that is required to finalize such report.
(2) If a PSAP fails to file and finalize an annual report, the council
shall provide notice of such failure to the PSAP and the governing body of
such PSAP. If such PSAP fails to file or finalize an annual report within 60
days of receiving such notice, 10% of each subsequent distribution of 911
fees to such PSAP pursuant to K.S.A. 12-5373, and amendments thereto,
shall be withheld by the LCPA and only distributed to such PSAP once the
report has been submitted.
(m) The council, upon a finding that a provider has violated any
provision of this act, may impose a civil penalty. No civil penalty shall be
imposed pursuant to this section except upon the written order of the
council. Such order shall state the violation, the penalty to be imposed and
the right of such person to appeal to a hearing before the council. Any such
person may, within 15 days after service of the order, make a written
request to the council for a hearing thereon. Hearings under this subsection
shall be conducted in accordance with the provisions of the Kansas
administrative procedure act.
(n) Any action of the council pursuant to subsection (m) is subject to
review in accordance with the Kansas judicial review act.
(o) Any civil penalty recovered pursuant to this section shall be
transferred to the LCPA for deposit in the 911 state grant fund.
(p) The 911 coordinating council shall make an annual report, to
include a detailed description of all expenditures made from 911 fees
received by the PSAPs, to the house committee on energy, utilities and
telecommunications and the senate committee on utilities.
(q) The provisions of the Kansas governmental operations
accountability law apply to the 911 coordinating council, and the council,
any subcommittees, contractors or subcontractors of the council shall be
subject to audit, review and evaluation under such law.
Sec. 2. K.S.A. 12-5369 is hereby amended to read as follows: 12-
5369. Subject to the provisions of K.S.A. 12-5364(g), and amendments
thereto, there is hereby imposed a 911 fee in the amount of $.90 $0.72 per
month per subscriber account of any exchange telecommunications
service, wireless telecommunications service, VoIP service, or other
service capable of contacting a PSAP. Such fee shall not be imposed on
prepaid wireless service. It shall be the duty of each exchange
telecommunications service provider, wireless telecommunications service
provider, VoIP service provider or other service provider to remit such fees
to the LCPA as provided in K.S.A. 12-5370, and amendments thereto.
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Sec. 3. K.S.A. 12-5371 is hereby amended to read as follows: 12-
5371. (a) There is hereby imposed a prepaid wireless 911 fee of 2.06%
1.65% per retail transaction or, on and after the effective date of an
adjusted amount per retail transaction that is established under subsection
(f), such adjusted amount.
(b) The prepaid wireless 911 fee shall be collected by the seller from
the consumer with respect to each retail transaction occurring in this state.
The amount of the prepaid wireless 911 fee shall be either separately stated
on an invoice, receipt or other similar document that is provided to the
consumer by the seller, or otherwise disclosed to the consumer.
(c) For purposes of subsection (b), a retail transaction that is effected
in person by a consumer in a business location of the seller shall be treated
as occurring in this state if that business location is in this state, and any
other retail transaction shall be treated as occurring in this state if the retail
transaction is treated as occurring in this state for the purposes of K.S.A.
79-3673(c)(3), and amendments thereto.
(d) The prepaid wireless 911 fee is the liability of the consumer and
not of the seller nor of any provider, except that the seller shall be liable to
remit all prepaid wireless 911 fees that the seller collects from consumers
pursuant to this section, and amendments thereto, including all such fees
that the seller is deemed to collect where the amount of the charge has not
been separately stated in an invoice, receipt or other similar document
provided to the consumer by the seller.
(e) The amount of the prepaid wireless 911 fee that is collected by a
seller from a consumer, if such amount is separately stated on an invoice,
receipt or other similar document provided to the consumer by the seller,
shall not be included in the base for measuring any tax, fee, surcharge or
other charge that is imposed by this state, any political subdivision of this
state or any intergovernmental agency.
(f) The prepaid wireless 911 fee shall be proportionately reduced
upon any reduction to the fee imposed by K.S.A. 12-5369(a), and
amendments thereto, pursuant to the 911 coordinating council's authority
to reduce the fee under K.S.A. 12-5364(g), and amendments thereto. The
adjusted amount shall be the product quotient of dividing the numeric
amount of the new fee adjusted pursuant to K.S.A. 12-5364(g), and
amendments thereto, by 50. Such reduction shall be effective on the
effective date of the reduction of the fee imposed by K.S.A. 12-5369(a),
and amendments thereto, or, if later, the first day of the calendar quarter to
occur at least 60 days after the enactment of the reduction of the fee
imposed by K.S.A. 12-5369(a), and amendments thereto. The department
shall provide not less than 60 days' notice of such decrease on the
department's website.
(g) When prepaid wireless service is sold with one or more other
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products or services for a single, non-itemized price, then the percentage
specified in subsection (a) shall apply to the entire non-itemized price
unless the seller elects to apply such percentage to: (1) If the amount of the
prepaid wireless service is disclosed to the consumer as a dollar amount,
such dollar amount; or (2) if the seller can identify the portion of the price
that is attributable to the prepaid wireless service by reasonable and
verifiable standards from its books and records that are kept in the regular
course of business for other purposes, including, but not limited to, non-
tax purposes, such portion.
Sec. 4. K.S.A. 12-5364, 12-5369 and 12-5371 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after July 1,
2024, and its publication in the statute book.
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