Kansas 2023 2023-2024 Regular Session

Kansas House Bill HB2690 Amended / Bill

                    HOUSE BILL No. 2690
AN ACT concerning emergency communication services; establishing the state 911 board; 
abolishing the 911 coordinating council; transferring the powers, duties and functions 
of the 911 coordinating council to the state 911 board; authorizing the board to 
appoint an executive director and other employees to carry out the powers, duties and 
functions of the board; abolishing the 911 operations fund, the 911 state grant fund 
and the 911 state fund and establishing the state 911 operations fund, the state 911 
grant fund and the state 911 fund in the state treasury; authorizing governing bodies 
of cities or counties to contract for the provision of 911 PSAP services with another 
governing body of a PSAP; increasing the amount of 911 fee distributions to PSAPs 
and governing bodies; amending K.S.A. 12-5362, 12-5363, 12-5364, 12-5365, 12-
5366, 12-5367, 12-5368, 12-5368, as amended by section 16 of this act, 12-5368, as 
amended by section 17 of this act, 12-5369, 12-5370, 12-5371, 12-5372, 12-5374, 
12-5374, as amended by section 23 of this act, 12-5374, as amended by section 24 of 
this act, 12-5375, 12-5375, as amended by section 26 of this act, 12-5375, as 
amended by section 27 of this act, and 12-5377 and repealing the existing sections; 
also repealing K.S.A. 12-5364, as amended by section 12 of this act, 12-5378 and 12-
5379.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) There is hereby established the state 911 board. 
The board shall consist of 19 voting members and shall include 
individuals with technical expertise regarding 911 systems, internet 
technology and GIS technology.
(1) The following 15 voting members shall be appointed by the 
governor:
(A) Two members representing information technology personnel 
from governmental units;
(B) one member representing the Kansas sheriff's association;
(C) one member representing the Kansas association of chiefs of 
police;
(D) one member representing the Kansas state association of fire 
chiefs;
(E) one member recommended by the adjutant general;
(F) one member recommended by the Kansas board of emergency 
medical services;
(G) one member recommended by the Kansas commission for the 
deaf and hard of hearing;
(H) two members representing PSAPs located in counties having a 
population less than 75,000, at least one of which shall be an 
administrator of a PSAP or have extensive prior 911 experience in 
Kansas;
(I) two members representing PSAPs located in counties having a 
population of 75,000 or more, at least one of which shall be an 
administrator of a PSAP or have extensive prior 911 experience in 
Kansas;
(J) one member representing the Kansas chapter of the association 
of public safety communications officials;
(K) one member recommended by the league of Kansas 
municipalities; and
(L) one member recommended by the Kansas association of 
counties.
(2) The following four voting members shall be appointed as 
follows:
(A) One member of the Kansas house of representatives appointed 
by the speaker of the house;
(B) one member of the Kansas house of representatives appointed 
by the minority leader of the house;
(C) one member of the Kansas senate appointed by the president 
of the senate; and
(D) one member of the Kansas senate appointed by the minority 
leader of the senate.
(b) The state 911 board shall include the following nine nonvoting 
members to be appointed by the governor:
(1) One member representing rural telecommunications 
companies recommended by the communications coalition of Kansas;
(2) one member representing incumbent local exchange carriers 
with over 50,000 access lines; HOUSE BILL No. 2690—page 2
(3) one member representing large wireless providers;
(4) one member representing VoIP providers;
(5) one member recommended by the Kansas geographic 
information systems policy board;
(6) one member recommended by the Kansas office of 
information technology services;
(7) one member recommended by the Mid-America regional 
council who shall be a Kansas resident; and
(8) two members representing non-traditional PSAPs, one of 
whom shall be a representative of tribal government.
(c) (1) The governor shall select the chairperson of the state 911 
board. The chairperson shall serve as chairperson at the pleasure of the 
governor and shall have extensive prior 911 experience in Kansas. The 
chairperson shall serve subject to the direction of the board and ensure 
that policies adopted by the board are carried out.
(2) The chairperson of the board or the chairperson's designee may 
sign any certifications required for federal grants pursuant to 47 C.F.R 
part 400.
(d) (1) Except as otherwise provided in this subsection, the terms 
of office for members of the board shall commence upon appointment. 
Each member shall serve a term of three years and until a successor has 
been appointed pursuant to this section. No voting member shall serve 
longer than two successive three-year terms, except that any person 
appointed to fulfill an unexpired term of a voting member may finish 
the term of the predecessor and such appointment shall not preclude the 
person from subsequently serving two successive three-year terms. This 
paragraph shall not apply to the members appointed pursuant to 
subsection (a)(2).
(2) On July 1, 2025, each member appointed to and currently 
serving a term on the 911 coordinating council pursuant to K.S.A. 12-
5364, prior to it repeal, shall be deemed to be appointed to and a 
member of the state 911 board. The initial term of each such member 
shall expire at the time such member's original term would have 
expired as a member of the 911 coordinating council pursuant to K.S.A. 
12-5364, prior to its repeal, and until a successor has been appointed 
pursuant to this section.
(3) The term of all members of the board shall expire on June 30 
in the year that such member's term expires.
(e) Members of the board and other persons appointed to 
subcommittees by the board 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.
(f) The provisions of this section shall take effect and be in force 
on and after July 1, 2025.
New Sec. 2. (a) The state 911 board shall:
(1) Coordinate E-911 services and next generation 911 services in 
the state;
(2) implement statewide 911 communications planning;
(3) monitor the delivery of 911communications services in the 
state;
(4) develop strategies for future enhancements to the 911 system;
(5) administer and oversee grants to PSAPs;
(6) develop technology standards;
(7) establish minimum training requirements for PSAP personnel, 
GIS technicians and information technology technicians with respect to 
the statewide NG911 call handling system technology to ensure public 
safety across Kansas;
(8) employ a full-time executive director; and
(9) make an annual report of all expenditures from the 911 fees 
imposed pursuant to K.S.A. 12-5369 and 12-5371, and amendments 
thereto, to the house of representatives standing committee on energy, 
utilities and telecommunications and the senate standing committee on 
utilities or their successor committees. HOUSE BILL No. 2690—page 3
(b) The state 911 board may:
(1) Contract with any person to assist in the performance of the 
powers, duties and functions of the board;
(2) reimburse state agencies or independent contractors for 
expenses incurred in carrying out the powers, duties and functions of 
the board;
(3) apply for grants under the federal 911 grant program;
(4) recommend training for general PSAP operations;
(5) enter into and support agreements for the interstate and 
interlocal interconnection of ESInet service; and
(6) adopt rules and regulations as the board deems necessary for 
the implementation and administration of the Kansas 911 act, except 
that the board shall not establish a mandatory certification program for 
PSAP operations or PSAP emergency communications personnel.
(c) The state 911 board may impose a civil penalty upon any 
provider that fails to collect the 911 fees pursuant to K.S.A. 12-5369, 
and amendments thereto, or remit such fees pursuant to K.S.A. 12-
5370, and amendments thereto. Such written order shall state the 
violation, the penalty to be imposed and the right of the provider to 
appeal and request a hearing before the board. Any such provider may, 
within 15 days after service of the order, make a written request to the 
board for a hearing thereon. Hearings under this subsection shall be 
conducted in accordance with the provisions of the Kansas 
administrative procedure act. Any action of the board to impose a 
penalty shall be subject to review in accordance with the Kansas 
judicial review act. Any civil penalty recovered pursuant to this 
subsection shall be deposited in the 911 state grant fund.
(d) (1) The executive director of the state 911 board shall:
(A) Be the administrative officer of the board;
(B) be in the unclassified service of the Kansas civil service act; 
and
(C) receive an annual salary set by the board.
(2) The executive director may hire, subject to the approval of the 
board, assistant directors and employees as deemed necessary by the 
board. Any such assistant directors or employees shall be in the 
unclassified service of the Kansas civil service act.
(e) The provisions of this section shall take effect and be in force 
on and after July 1, 2025.
New Sec. 3. (a) On July 1, 2025, the 911 coordinating council 
established pursuant to K.S.A. 12-5364, prior to its repeal, is hereby 
abolished and the powers, duties and functions vested in and imposed 
upon the 911 coordinating council are hereby transferred to, vested in 
and imposed upon the state 911 board.
(b) On July 1, 2025, all employees of the 911 coordinating council 
who, immediately prior to such date, were engaged in the performance 
of the powers, duties or functions that are transferred pursuant to this 
act, and who, in the opinion of the board, are necessary to perform the 
powers, duties and functions of the board, shall be transferred to and 
shall become employees of the board. Any such employee shall retain 
all retirement benefits and all rights of civil service that had accrued to 
or vested in such employee. The service of each such employee so 
transferred shall be deemed to have been continuous.
(c) The state 911 board shall succeed to all property and records of 
the 911 coordinating council. Any conflict as to the proper disposition 
of property or records arising under this section shall be determined by 
the governor and the decision of the governor shall be final.
(d) Whenever the 911 coordinating council, or words of like 
effect, is referred to or designated by any statute, rule or regulation, 
contract or other document, such reference or designation shall be 
deemed to apply to state 911 board.
(e) All rules and regulations of the 911 coordinating council in 
existence on July 1, 2025, shall continue to be effective and shall be 
deemed to be duly adopted rules and regulations of the state 911 board 
until amended, revoked or nullified pursuant to law. HOUSE BILL No. 2690—page 4
(f) The provisions of this section shall take effect and be in force 
on and after July 1, 2025.
New Sec. 4 (a) (1) Every provider shall submit contact 
information for the provider to the state 911 board. Any provider that 
has not previously provided wireless telecommunications service in this 
state shall submit contact information for the provider to the board 
within three months of first offering wireless telecommunications 
services in this state.
(2) A provider of wireless telecommunications service shall:
(A) Receive prior approval from each PSAP within the provider's 
service area before directing emergency calls to such PSAP; and
(B) establish the unique emergency telephone number "911" 
across the state.
(3) Nothing in this act shall be construed to limit the ability of a 
provider from recovering directly from the provider's customers the 
costs associated with designing, developing, deploying and maintaining 
911 service and the cost of collection and administration of the fees 
imposed by K.S.A. 12-5369, and amendments thereto, whether such 
costs are itemized on the customer's bill as a surcharge or by any other 
lawful method.
(b) (1) Each PSAP and governing body that contracts with another 
governing body of a PSAP for the provision of 911 PSAP services shall 
file an annual report with the state 911 board by March 1 of each year 
demonstrating how such PSAP or governing body has spent the moneys 
earned from the 911 fees during the preceding calendar year. The board 
shall designate the content and form of such report and may require 
additional associated documentation that shall be included.
(2) If a PSAP or governing body that contracts with another 
governing body of a PSAP for the provision of 911 PSAP services fails 
to file and finalize an annual report, the board shall provide notice of 
such failure to the PSAP, the governing body of such PSAP and, if 
applicable, the governing body that contracts with another governing 
body of a PSAP for the provision of 911 PSAP services. If such PSAP 
or governing body fails to file or finalize an annual report within 60 
days of receiving such notice, the board shall withhold 10% of each 
subsequent distribution of 911 fees to such PSAP or governing body 
pursuant to K.S.A. 12-5374, and amendments thereto. The board shall 
not discontinue such withholding until the PSAP or governing body 
submits a report in compliance with this section.
(c) (1) If the state 911 board finds that the GIS data for a PSAP or 
governing body that contracts with another governing body of a PSAP 
for the provision of 911 PSAP services is inaccurate, the board shall 
give written notice to the governing body that oversees the PSAP, the 
PSAP and, if applicable, the governing body that contracts with another 
governing body of a PSAP for the provision of 911 PSAP services of 
such finding. If the board does not receive an acceptable proposal for 
the PSAP or governing body to bring the GIS data into compliance 
within 60 days following such notice, the board may contract with a 
third party to review and update the GIS data.
(2) If the board finds that the GIS data for a PSAP or governing 
body that contracts with another governing body of a PSAP for the 
provision of 911 PSAP services has not been updated for one year or 
more, the board shall give written notice to the governing body that 
oversees the PSAP, the PSAP and, if applicable, the governing body 
that contracts with another governing body of a PSAP for the provision 
of 911 PSAP services of such finding. Such PSAP or governing body 
may provide an attestation that the GIS data has been reviewed and 
remains accurate. If the board receives such attestation and has 
information that the data may not be accurate, the board shall provide a 
written notice to the PSAP or governing body that describes the areas 
the board believes to be inaccurate. The PSAP or governing body shall 
have 30 days following receipt of such written notice to submit updated 
GIS data. If the updated GIS data is not received prior to such deadline, 
the board may contract with a third party to review and update the GIS  HOUSE BILL No. 2690—page 5
data and may assess any costs incurred in updating the GIS data upon 
the governing body that oversees the PSAP or the governing body that 
contracts with another governing body of a PSAP for the provision of 
911 PSAP services.
(d) The provisions of this section shall take effect and be in force 
on and after July 1, 2025.
New Sec. 5. (a) There is hereby created in the state treasury the 
state 911 operations fund. All moneys received pursuant to K.S.A. 12-
5368, 12-5372 and 12-5374, and amendments thereto, for purposes of 
such fund shall be deposited into the state 911 operations fund. All 
expenditures from the state 911 operations fund shall be made in 
accordance with appropriation acts upon warrants of the director of 
accounts and reports issued pursuant to vouchers approved by the 
chairperson of the state 911 board or the chairperson's designee.
(b) The state 911 operations fund shall be used only for the 
following purposes:
(1) Administrative and operational expenses of the state 911 
board, including salaries of persons employed by the board;
(2) payment and expenses incurred pursuant to contracts entered 
into by the board for the performance of the powers, duties and 
functions of the board;
(3) payment to state agencies or independent contractors for 
expenses incurred in carrying out the powers, duties and functions of 
the board; and
(4) development, deployment, implementation and maintenance of 
the statewide next generation 911 system.
(c) On or before the 10
th
 of each month, the director of accounts 
and reports shall transfer from the state general fund to the state 911 
operations fund interest earnings based on:
(1) The average daily balance of moneys in the state 911 
operations fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio 
for the preceding month.
(d) The state 911 operations fund shall be used for the purposes set 
forth in this act and for no other governmental purposes. Moneys in the 
state 911 operations fund shall not be subject to the provisions of 
K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
(e) On January 1, 2026:
(1) The LCPA shall remit to the state treasurer in accordance with 
the provisions of K.S.A. 75-4215, and amendments thereto, the balance 
of all moneys in the 911 operations fund established pursuant to K.S.A. 
12-5368, and amendments thereto. Upon receipt of such remittance, the 
state treasurer shall deposit the entire amount in the state treasury and 
credit such amount to the state 911 operations fund.
(2) All liabilities of the 911 operations fund are hereby transferred 
to and imposed on the state 911 operations fund.
(3) The 911 operations fund established by the LCPA pursuant to 
K.S.A. 12-5368, and amendments thereto, is hereby abolished.
(f) The provisions of this section shall take effect and be in force 
on and after January 1, 2026.
New Sec. 6. (a) There is hereby created in the state treasury the 
state 911 grant fund. All moneys received pursuant to K.S.A. 12-5368 
and 12-5374, and amendments thereto, for purposes of such fund shall 
be deposited into the state 911 grant fund. All expenditures from the 
state 911 grant fund shall be made in accordance with appropriation 
acts upon warrants of the director of accounts and reports issued 
pursuant to vouchers approved by the chairperson of the state 911 
board or the chairperson's designee.
(b) The state 911 grant fund shall be used only for the following 
purposes:
(1) Providing state grants for projects involving the development 
and implementation of next generation 911 services;
(2) provide grants to PSAPs based on demonstrated need; and
(3) costs associated with PSAP consolidation or cost-sharing  HOUSE BILL No. 2690—page 6
projects.
(c) On or before the 10
th
 of each month, the director of accounts 
and reports shall transfer from the state general fund to the state 911 
grant fund interest earnings based on:
(1) The average daily balance of moneys in the state 911 grant 
fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio 
for the preceding month.
(d) The state 911 grant fund shall be used for the purposes set 
forth in this act and for no other governmental purposes. Moneys in the 
state 911 grant fund shall not be subject to the provisions of K.S.A. 75-
3722, 75-3725a and 75-3726a, and amendments thereto.
(e) On January 1, 2026:
(1) The LCPA shall remit to the state treasurer in accordance with 
the provisions of K.S.A. 75-4215, and amendments thereto, the balance 
of all moneys in the 911 state grant fund established pursuant to K.S.A. 
12-5368, and amendments thereto. Upon receipt of such remittance, the 
state treasurer shall deposit the entire amount in the state treasury and 
credit such amount to the state 911 grant fund.
(2) All liabilities of the 911 state grant fund are hereby transferred 
to and imposed on the state 911 grant fund.
(3) The 911 state grant fund established by the LCPA pursuant to 
K.S.A. 12-5368, and amendments thereto, is hereby abolished.
(f) The provisions of this section shall take effect and be in force 
on and after January 1, 2026.
New Sec. 7. (a) There is hereby created in the state treasury the 
state 911 fund. All moneys received pursuant to K.S.A. 12-5368 and 
12-5374, and amendments thereto, for purposes of such fund shall be 
deposited into the state 911 fund. All expenditures from the state 911 
fund shall be made in accordance with appropriation acts upon warrants 
of the director of accounts and reports issued pursuant to vouchers 
approved by the chairperson of the state 911 board or the chairperson's 
designee.
(b) The state 911 fund shall be used for direct distributions of 
moneys pursuant to K.S.A. 12-5374, and amendments thereto.
(c) On or before the 10
th
 of each month, the director of accounts 
and reports shall transfer from the state general fund to the state 911 
fund interest earnings based on:
(1) The average daily balance of moneys in the state 911 fund for 
the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio 
for the preceding month.
(d) The state 911 fund shall be used for the purposes set forth in 
this act and for no other governmental purposes. Moneys in the state 
911 fund shall not be subject to the provisions of K.S.A. 75-3722, 75-
3725a and 75-3726a, and amendments thereto.
(e) On January 1, 2026:
(1) The LCPA shall remit to the state treasurer in accordance with 
the provisions of K.S.A. 75-4215, and amendments thereto, the balance 
of all moneys in the 911 state fund established pursuant to K.S.A. 12-
5368, and amendments thereto. Upon receipt of such remittance, the 
state treasurer shall deposit the entire amount in the state treasury and 
credit such amount to the state 911 fund.
(2) All liabilities of the 911 state fund are hereby transferred to 
and imposed on the state 911 fund.
(3) The 911 state fund established by the LCPA pursuant to K.S.A. 
12-5368, and amendments thereto, is hereby abolished.
(f) The provisions of this section shall take effect and be in force 
on and after January 1, 2026.
New Sec. 8. (a) On or before the 15
th
 day of each month, the state 
911 board shall require the LCPA to provide a monthly report that 
accounts for every transaction that has occurred during the previous 
month in the 911 state fund, 911 state grant fund and the 911 operations 
fund established outside the state treasury pursuant to K.S.A. 12-5368,  HOUSE BILL No. 2690—page 7
and amendments thereto. Such report shall include line item amounts 
and details for every transaction, including debits, credits, transfers, 
fees assessed, interest earned, change in ownership, change in 
authorized signatories or any other event that may have altered the 
structure or balance of the account. The LCPA shall submit each 
monthly report to the secretary of administration and to the director of 
legislative research. On or before January 31, 2026, the state 911 board 
shall prepare and submit to the legislature a report that summarizes the 
transactions reported in such monthly reports and shall confirm that the 
accounts have been closed and all assets have been transferred to the 
state treasury in accordance with the requirements of sections 5 through 
7, and amendments thereto.
(b) The provisions of this section shall take effect and be in force 
on and after July 1, 2025.
(c) This section shall expire on February 1, 2026.
New Sec. 9. (a) The 911 coordinating council may take any 
actions necessary to prepare for a seamless and orderly transition of the 
powers, duties and functions of the 911 coordinating council to the state 
911 board established pursuant to section 1, and amendments thereto. 
Such actions may include, but shall not be limited to:
(1) Employing one or more individuals who the council deems 
necessary to assist with the transition, including the employment of an 
individual who shall assume the role of executive director of the state 
911 board upon the establishment of the board pursuant to this act; and
(2) preparing a budget that reflects the establishment of the state 
911 board and the state 911 operations fund within the state treasury 
pursuant to this act.
(b) Any persons employed pursuant to this section shall be in the 
unclassified service and receive compensation fixed by the council.
(c) Any expenses incurred for the employment of individuals 
pursuant to this section shall be considered administrative expenses of 
the council pursuant to K.S.A. 12-5368, and amendments thereto, and 
the council shall have authority to use any moneys held in or 
transferred to the 911 operations fund to provide for the employment 
and compensation authorized pursuant to this section.
Sec. 10. On and after July 1, 2025, K.S.A. 12-5362 is hereby 
amended to read as follows: 12-5362. K.S.A. 12-5362 through 12-
5381, and amendments thereto, and sections 1 through 9, and 
amendments thereto, shall be known and may be cited as the Kansas 
911 act.
Sec. 11. On and after July 1, 2025, K.S.A. 12-5363 is hereby 
amended to read as follows: 12-5363. As used in the Kansas 911 act:
(a) "Board" means the state 911 board.
(b) ''Consumer'' means a person who purchases prepaid wireless 
service in a retail transaction.
(b)(c) ''Department'' means the Kansas department of revenue.
(c)(d) ''Enhanced 911 service'' or "E-911 service" means an 
emergency telephone service that generally may provide, but is not 
limited to, selective routing, automatic number identification and 
automatic location identification features.
(d)(e) ''Exchange telecommunications service'' means the service 
that provides local telecommunications exchange access to a service 
user.
(e)(f) "GIS" means a geographic information system for capturing, 
storing, displaying, analyzing and managing data and associated 
attributes that are spatially referenced.
(f)(g) "GIS data" means the geometry and associated attributes 
packaged in a geodatabase that defines the roads, address points and 
boundaries within a PSAP's jurisdiction.
(g)(h) "Governing body" means the board of county 
commissioners of a county or the governing body of a city.
(h)(i) "Local collection point administrator" or "LCPA" means the 
person designated by the 911 coordinating council board to serve as the 
local collection point administrator to collect and distribute 911 fees,  HOUSE BILL No. 2690—page 8
911 operations fund moneys and 911 state grant fund moneys pursuant 
to K.S.A. 12-5367, and amendments thereto.
(i)(j) "Multi-line telephone system" means a system comprised of 
common control units, telephones and control hardware and software 
providing local telephone service to multiple end-use customers that 
may include VoIP service and network and premises based systems 
such as centrex, private branch exchange and hybrid key telephone 
systems.
(j)(k) ''Next generation 911'' means 911 service that conforms with 
national emergency number association (NENA) i3 standards and 
enables PSAPs to receive Enhanced 911 service calls and emergency 
calls from Internet Protocol (IP) based technologies and applications 
that may include text messaging, image, video and data information 
from callers.
(k)(l) "Non-traditional PSAP" means a PSAP not operated by a 
city or county, including, but not limited to, PSAPs operated by 
universities, tribal governments or the state or federal government.
(l)(m) ''Person'' means any individual, firm, partnership, 
copartnership, joint venture, association, cooperative organization, 
corporation, municipal or private, and whether organized for profit or 
not, state, county, political subdivision, state department, commission, 
board, bureau or fraternal organization, nonprofit organization, estate, 
trust, business or common law trust, receiver, assignee for the benefit of 
creditors, trustee or trustee in bankruptcy or any other legal entity.
(m)(n) ''Prepaid wireless service'' means a wireless 
telecommunications service that allows a caller to dial 911 to access the 
911 system, which service must be that is paid for in advance and is 
sold in predetermined units or dollars of which the number declines 
with use in a known amount.
(n)(o) ''Place of primary use'' has the meaning provided in the 
mobile telecommunications act as defined by 4 U.S.C. § 116 et seq., as 
in effect on the effective date of this act July 1, 2025.
(o)(p) ''Provider'' means any person providing exchange 
telecommunications service, wireless telecommunications service, VoIP 
service or other service capable of contacting a PSAP. A provider may 
also be "Provider" includes a 911 system operator.
(p)(q) ''PSAP'' means a public safety answering point operated by 
a city or county.
(q)(r) ''Retail transaction'' means the purchase of prepaid wireless 
service from a seller for any purpose other than resale, not including the 
use, storage or consumption of such services.
(r)(s) ''Seller'' means a person who sells prepaid wireless service to 
another person.
(s)(t) ''Service user'' means any person who is provided exchange 
telecommunications service, wireless telecommunications service, VoIP 
service, prepaid wireless service or any other service capable of 
contacting a PSAP.
(t)(u) ''Subscriber account'' means the 10-digit access number 
assigned to a service user by a provider for the purpose of billing a 
service user up to the maximum capacity of the simultaneous outbound 
calling capability of a multi-line telephone system or equivalent 
service.
(u)(v) ''Subscriber radio equipment'' means mobile and portable 
radio equipment installed in vehicles or carried by persons for voice 
communication with a radio system.
(v)(w) ''VoIP service'' means voice over internet protocol.
(w)(x) ''Wireless telecommunications service'' means commercial 
mobile radio service as defined by 47 C.F.R. § 20.3 as in effect on the 
effective date of this act July 1, 2025.
(x)(y) "911 call" means any electronic request for emergency 
response, presented by means of wireline, wireless, VoIP or 
telecommunications device for the deaf (TDD) technology, text 
message or any other technology by which a service user initiates an 
immediate information interchange or conversation with a PSAP. HOUSE BILL No. 2690—page 9
(y)(z) "911 system operator" means any entity that accepts 911 
calls from providers, processes those calls and presents those calls to 
the appropriate PSAP. A "911 system operator" may also be a provider.
Sec. 12. On and after July 1, 2024, 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 and governing bodies 
that contract with another governing body of a PSAP for the provision 
of 911 PSAP services. In as much as possible, the council shall include 
individuals with technical expertise regarding 911 systems, internet 
technology and GIS technology.
(2) (A) The 911 coordinating council shall consist of 13 voting 
members to be appointed by the governor:
(i) Two members representing information technology personnel 
from government units;
(ii) one member representing the Kansas sheriff's association;
(iii) one member representing the Kansas association of chiefs of 
police;
(iv) one member representing a fire chief;
(v) one member recommended by the adjutant general;
(vi) one member recommended by the Kansas emergency medical 
services board;
(vii) one member recommended by the Kansas commission for the 
deaf and hard of hearing;
(viii) two members representing PSAPs located in counties with 
less than 75,000 in population;
(ix) two members representing PSAPs located in counties with 
greater than 75,000 in population; and
(x) one member representing the Kansas chapter of the association 
of public safety communications officials.
(B) 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:
(A) One member of the Kansas house of representatives as 
appointed by the speaker of the house;
(B) one member of the Kansas house of representatives as 
appointed by the minority leader of the house;
(C) one member of the Kansas senate as appointed by the senate 
president; and
(D) one member of the Kansas senate as appointed by the senate 
minority leader.
(4) The 911 coordinating council shall also include nonvoting 
members to be appointed by the governor:
(A) One member representing rural telecommunications 
companies recommended by the Kansas rural independent telephone 
companies communications coalition of Kansas;
(B) one member representing incumbent local exchange carriers 
with over 50,000 access lines;
(C) one member representing large wireless providers;
(D) one member representing VoIP providers;
(E) one member recommended by the league of Kansas 
municipalities;
(F) one member recommended by the Kansas association of 
counties;
(G) one member recommended by the Kansas geographic 
information systems policy board;
(H) one member recommended by the Kansas office of 
information technology services;
(I) one member, a Kansas resident, recommended by the Mid-
America regional council; and
(J) two members representing non-traditional PSAPs, one of  HOUSE BILL No. 2690—page 10
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 serve for a term of 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. This paragraph shall not apply to the 
members appointed pursuant to subsection (a)(3).
(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 
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 governing bodies that 
contract with another governing body of a PSAP for the provision of 
911 PSAP services 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  HOUSE BILL No. 2690—page 11
designating how moneys, including 911 fees, have been spent by the 
PSAPs and governing bodies that contract with another governing 
body of a PSAP for the provision of 911 PSAP services; (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 or governing body that contracts with another governing body of 
a PSAP for the provision of 911 PSAP services is inaccurate or has not 
been updated for one year or more, the council shall give written notice 
to the governing body that oversees the PSAP, the PSAP and, if 
applicable, the governing body that contracts with another governing 
body of a PSAP for the provision of 911 PSAP services. If, within 60 
days of providing such notice, the council does not receive an 
acceptable proposal for the PSAP or governing body to bring the GIS 
data into compliance, the council may contract with a third party to 
review and update the GIS data. A PSAP or governing body 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 or governing body that describes the areas the 
council believes to be inaccurate and a deadline of 30 days for the 
PSAP or governing body 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 or governing body 
that contracts with another governing body of a PSAP for the provision 
of 911 PSAP services 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. HOUSE BILL No. 2690—page 12
(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.
(l) (l) Each PSAP and governing body that contracts with another 
governing body of a PSAP for the provision of 911 PSAP services shall 
file an annual report with the council by March 1 of each year 
demonstrating how such PSAP or governing body 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 or governing body that contracts with another 
governing body of a PSAP for the provision of 911 PSAP services 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 or 
governing body. If such PSAP or governing body 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 or governing body 
pursuant to K.S.A. 12-5373, and amendments thereto, shall be withheld 
by the LCPA and only distributed to such PSAP or governing body 
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 and governing bodies that contract with 
another governing body of a PSAP for the provision of 911 PSAP 
services, to the house committee on energy, utilities and 
telecommunications and the senate committee on utilities.
Sec. 13. On and after July 1, 2025, K.S.A. 12-5365 is hereby 
amended to read as follows: 12-5365. (a) There is hereby established in 
the state treasury the 911 federal grant fund. All moneys received by the 
state from the federal government for the purposes provided in this 
section shall be remitted to the state treasurer in accordance with the 
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of 
each such remittance, the state treasurer shall deposit the entire 
amount in the state treasury to the credit of the 911 federal grant fund.
(b) The chair of the 911 coordinating council shall serve as the 
administrator of the 911 federal grant fund and shall distribute grants in 
accordance with the recommendations of the 911 coordinating council. 
Subject to the conditions and in accordance with the requirements of 
this act and 47 C.F.R. part 400, as in effect on July 1, 2025, the chair 
chairperson of the board is authorized to perform such acts necessary 
for the effectuation of this act.
(c) Moneys received by the state from the federal government for 
the purposes of the fund shall be credited to the fund.
(d)(1) Subject to the conditions and in accordance with the 
requirements of this act the Kansas 911 act and 47 C.F.R. part 400, as 
in effect on July 1, 2025, moneys credited to the fund shall be used 
only:
(1)(A) To pay all expenses incurred in the administration of the 
fund; and HOUSE BILL No. 2690—page 13
(2)(B) to provide grants to eligible municipalities only for 
necessary and reasonable costs incurred or to be incurred by PSAPs 
for:
(A)(i) Implementation of enhanced 911 service and next 
generation 911 service, as defined in K.S.A. 12-5363, and amendments 
thereto;
(B)(ii) purchase of equipment and upgrades and modification to 
equipment used solely to process the data elements of enhanced 911 
service and next generation 911 service, as defined in K.S.A. 12-5363, 
and amendments thereto; and
(C)(iii) maintenance and license fees for such equipment and 
training of personnel to operate such equipment, including costs of 
training PSAP personnel to provide effective service to all users of the 
emergency telephone system who have communications disabilities.
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make 
improvements to buildings or similar facilities or for other capital 
outlay or equipment not expressly authorized by this act.
(e)(d) All payments and disbursements from the fund shall be 
made in accordance with appropriation acts upon warrants of the 
director of accounts and reports issued pursuant to vouchers approved 
by the chair or by a person or persons designated by the chair 
chairperson of the board or the chairperson's designee.
Sec. 14. On and after July 1, 2025, K.S.A. 12-5366 is hereby 
amended to read as follows: 12-5366. (a) There is hereby established in 
the state treasury the 911 state maintenance fund. All moneys received 
pursuant to this section shall be remitted to the state treasurer in 
accordance with the provisions of K.S.A. 75-4215, and amendments 
thereto. Upon receipt of each such remittance, the state treasurer shall 
deposit the entire amount in the state treasury to the credit of the 911 
state maintenance fund.
(b) The chair of the 911 coordinating council shall serve as the 
administrator of the 911 state maintenance fund and shall distribute 
grants in accordance with the recommendations of the 911 coordinating 
council. Subject to the conditions and in accordance with the 
requirements of this act and 47 C.F.R. part 400, the chair is authorized 
to perform such acts necessary for the effectuation of this act.
(c) Moneys from the following sources shall be credited to the 
fund:
(1) Amounts appropriated or otherwise made available by the 
legislature for the purposes of the fund;
(2) interest attributable to investment of moneys in the fund; and
(3) amounts received from any public or private entity for the 
purposes of the fund.
(d)(c) (1) Moneys credited to the fund shall be used only:
(1)(A) To pay all expenses incurred in the administration of the 
fund; and
(2)(B) development, deployment, implementation and 
maintenance of the statewide next generation 911 system; and
(C) to provide grants to eligible municipalities only for necessary 
and reasonable costs incurred or to be incurred by PSAPs for:
(A)(i) Implementation of enhanced 911 service and next 
generation 911 service, as defined in K.S.A. 12-5363, and amendments 
thereto;
(B)(ii) purchase of equipment and upgrades and modification to 
equipment used solely to process the data elements of enhanced 911 
service and next generation 911 service, as defined in K.S.A. 12-5363, 
and amendments thereto; and
(C)(iii) maintenance and license fees for such equipment and 
training of personnel to operate such equipment, including costs of 
training PSAP personnel to provide effective service to all users of the 
emergency telephone system who have communications disabilities.
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make  HOUSE BILL No. 2690—page 14
improvements to buildings or similar facilities or for other capital 
outlay or equipment not expressly authorized by this act.
(e) On or before the 10
th
 of each month, the director of accounts 
and reports shall transfer from the state general fund to the 911 state 
maintenance fund interest earnings based on:
(1) The average daily balance of moneys in the 911 state 
maintenance fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio 
for the preceding month.
(f) All payments and disbursements from the fund shall be made 
in accordance with appropriation acts upon warrants of the director of 
accounts and reports issued pursuant to vouchers approved by the chair 
or by a person or persons designated by the chair chairperson of the 
board or the chairperson's designee.
Sec. 15. On and after July 1, 2025, K.S.A. 12-5367 is hereby 
amended to read as follows: 12-5367. (a) The 911 coordinating council 
state 911 board, by an affirmative vote of nine voting members, shall 
select the local collection point administrator. In selecting the LCPA, 
the council board shall contract with the LCPA for services for no 
longer than two years, however, the council board may, by an 
affirmative vote of nine voting members, extend such contract for up to 
two additional years. The 911 coordinating council board shall receive 
the approval of the legislative coordinating council in selecting an 
LCPA if the entity to be designated as the LCPA is different than the 
previous entity designated as the LCPA. The 911 coordinating council 
board shall annually review the designation of the LCPA and the 
contract with the LCPA for services.
(b) Any contract made between the 911 coordinating council and 
an LCPA that is in existence on January 1, 2025, shall continue to be 
valid, effective and enforceable until extended, revised, revoked or 
terminated by the board.
(c) The LCPA shall be subject to the requirements of the Kansas 
open meetings act and, except as provided in K.S.A. 12-5374, and 
amendments thereto, the Kansas open records act and. The LCPA shall 
treat all moneys received by the LCPA as public funds pursuant to 
article 14 of chapter 9 of the Kansas Statutes Annotated, and 
amendments thereto. Notwithstanding any other provision of law to the 
contrary, the LCPA shall not be considered a state agency.
Sec. 16. On and after July 1, 2024, K.S.A. 12-5368 is hereby 
amended to read as follows: 12-5368. (a) Upon the approval of the 911 
coordinating council, the LCPA shall establish the following funds, 
which shall not be a part of the state treasury: (1) The 911 state fund for 
the collection and distribution of 911 fees; (2) the 911 operations fund 
for administrative costs of the 911 coordinating council and 
deployment and maintenance of the statewide NG911 system; and (3) 
the 911 state grant fund for grants to individual PSAPs. All moneys 
originating from 911 fees, and any interest accrued on such fees, shall 
be paid to the LCPA for deposit in the 911 state fund or 911 operations 
fund pursuant to subsection (b). All unobligated federal moneys, and 
any interest accrued on such moneys, shall be transferred to the 911 
federal grant fund.
(b) (1) Except as provided for in paragraph (2), prior to the 
distribution to the PSAPs of moneys pursuant to K.S.A. 12-5374, and 
amendments thereto, the LCPA shall withhold $.23 from every 911 fee 
remitted pursuant to K.S.A. 12-5369, and amendments thereto, and 
shall deposit such amount in the 911 operations fund for the 
deployment and maintenance of the statewide NG911 system and 
standardized functionality upgrades to that system.
(2) If the funds moneys withheld from distribution pursuant to 
paragraph (1) exceed 15% of the total receipts received by the LCPA 
from providers and the department over the prior three years, such 
funds moneys in excess of that 15% total shall be deposited in the 911 
state grant fund and used for PSAP grants based on demonstrated need 
pursuant to subsection (d). HOUSE BILL No. 2690—page 15
(3) If the balance in the 911 state grant fund is less than 
$2,000,000, prior to the distribution to the PSAPs pursuant to K.S.A. 
12-5374, and amendments thereto, the LCPA shall withhold $.01 from 
every 911 fee remitted pursuant to K.S.A. 12-5369, and amendments 
thereto, and shall deposit such amount in the 911 state grant fund. If the 
balance in the 911 state grant fund exceeds $2,000,000, the LCPA shall 
not withhold such amount.
(c) The council shall be responsible for ensuring that the 911 
operations fund and the 911 state grant fund and any interest earned on 
money credited to the fund is only expended for the following 
purposes: (1) Projects involving the development and implementation 
of next generation 911 services; (2) costs associated with PSAP 
consolidation or cost-sharing projects; (3) expenses related to the 911 
coordinating council; (4) costs of audits conducted pursuant to K.S.A. 
12-5377, and amendments thereto; and (5) other costs pursuant to 
K.S.A. 12-5375, and amendments thereto.
(d) The council shall develop criteria for PSAPs for eligible 
purchases and for grant applicants and make the final determination as 
to the distribution of grant funds. Such criteria shall promote the 
procurement of equipment that meets open architecture and national 
technical standards. Distribution of Grant funds moneys shall not 
include expenditures be used to procure, maintain or upgrade 
subscriber radio equipment.
(e) The LCPA shall be authorized to maintain an action to collect 
any funds moneys owed by any providers provider in the district court 
in the county of the registered office of such provider or, if such 
provider does not have a registered office in the state, such an action 
may be maintained in the county where such provider's principal office 
is located. If such provider has no principal office in the state, such an 
action may be maintained in the district court of any county in which 
where such provider provides service.
Sec. 17. On and after July 1, 2025, K.S.A. 12-5368, as amended 
by section 16 of this act, is hereby amended to read as follows: 12-
5368. (a) Upon the approval of the 911 coordinating council state 911 
board, the LCPA shall establish the following funds, which shall not be 
a part of the state treasury: (1) The 911 state fund for the collection and 
distribution of 911 fees; (2) the 911 operations fund for administrative 
costs of the 911 coordinating council state 911 board and deployment 
and maintenance of the statewide NG911 system; and (3) the 911 state 
grant fund for grants to individual PSAPs. All moneys originating from 
911 fees, and any interest accrued on such fees, shall be paid to the 
LCPA for deposit in the 911 state fund or 911 operations fund pursuant 
to subsection (b). All unobligated federal moneys, and any interest 
accrued on such moneys, shall be transferred to the 911 federal grant 
fund.
(b) (1) Except as provided for in paragraph (2), prior to the 
distribution of moneys pursuant to K.S.A. 12-5374, and amendments 
thereto, the LCPA shall withhold $.23 from every 911 fee remitted 
pursuant to K.S.A. 12-5369, and amendments thereto, and shall deposit 
such amount in the 911 operations fund for the deployment and 
maintenance of the statewide NG911 system and standardized 
functionality upgrades to that system.
(2) If the moneys withheld from distribution pursuant to paragraph 
(1) exceed 15% of the total receipts received by the LCPA from 
providers and the department over the prior three years, such moneys in 
excess of that 15% total shall be deposited in the 911 state grant fund 
and used for PSAP grants based on demonstrated need pursuant to 
subsection (d).
(3) If the balance in the 911 state grant fund is less than 
$2,000,000, prior to the distribution pursuant to K.S.A. 12-5374, and 
amendments thereto, the LCPA shall withhold $.01 from every 911 fee 
remitted pursuant to K.S.A. 12-5369, and amendments thereto, and 
shall deposit such amount in the 911 state grant fund. If the balance in 
the 911 state grant fund exceeds $2,000,000, the LCPA shall not  HOUSE BILL No. 2690—page 16
withhold such amount.
(c) The council state 911 board shall be responsible for ensuring 
that the 911 operations fund and the 911 state grant fund and any 
interest earned on money credited to the fund is only expended for the 
following purposes: (1) Projects involving the development and 
implementation of next generation 911 services; (2) costs associated 
with PSAP consolidation or cost-sharing projects; (3) expenses related 
to the 911 coordinating council; (4) costs of audits conducted pursuant 
to K.S.A. 12-5377, and amendments thereto; and (5) (4) other costs 
pursuant to K.S.A. 12-5375, and amendments thereto.
(d) The council state 911 board shall develop criteria for eligible 
purchases and for grant applicants and make the final determination as 
to the distribution of grant funds. Such criteria shall promote the 
procurement of equipment that meets open architecture and national 
technical standards. Grant moneys shall not be used to procure, 
maintain or upgrade subscriber radio equipment.
(e) The state 911 board or the LCPA shall be authorized to 
maintain an action to collect any moneys owed by any provider in the 
district court in the county of the registered office of such provider or, 
if such provider does not have a registered office in the state, such an 
action may be maintained in the county where such provider's principal 
office is located. If such provider has no principal office in the state, 
such an action may be maintained in the district court of any county 
where such provider provides service.
Sec. 18. On and after January 1, 2026, K.S.A. 12-5368, as 
amended by section 17 of this act, is hereby amended to read as 
follows: 12-5368. (a) Upon the approval of the state 911 board, the 
LCPA shall establish the following funds, which shall not be a part of 
the state treasury: (1) The 911 state fund for the collection and 
distribution of 911 fees; (2) the 911 operations fund for administrative 
costs of the state 911 board and deployment and maintenance of the 
statewide NG911 system; and (3) the 911 state grant fund for grants to 
individual PSAPs. All moneys originating from 911 fees, and any 
interest accrued on such fees, shall be paid to the LCPA for deposit in 
the 911 state fund or 911 operations fund pursuant to subsection (b). All 
unobligated federal moneys, and any interest accrued on such moneys, 
shall be transferred to the 911 federal grant fund.
(b)(1) Except as provided for in paragraph (2), prior to the 
distribution of moneys pursuant to K.S.A. 12-5374, and amendments 
thereto, the LCPA shall withhold $.23 from every 911 fee remitted 
pursuant to K.S.A. 12-5369, and amendments thereto, and shall deposit 
such amount in the 911 operations fund for the deployment and 
maintenance of the statewide NG911 system and standardized 
functionality upgrades to that system remit such moneys to the state 
treasurer in accordance with the provisions of K.S.A. 75-4215, and 
amendments thereto. Upon receipt of each such remittance, the state 
treasurer shall deposit the entire amount in the state treasury and 
credit such amount to the state 911 operations fund established 
pursuant to section 5, and amendments thereto.
(2) If the moneys withheld from distribution pursuant to paragraph 
(1) exceed 15% of the total receipts received by the LCPA from 
providers and the department over the prior three years, such moneys in 
excess of that 15% total shall be deposited in the 911 state grant fund 
and used for PSAP grants based on demonstrated need pursuant to 
subsection (d) remitted to the state treasurer in accordance with the 
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of 
each such remittance, the state treasurer shall deposit the entire 
amount in the state treasury and credit such amount to the state 911 
grant fund established pursuant to section 6, and amendments thereto.
(3) If the balance in the state 911 state grant fund is less than 
$2,000,000, prior to the distribution pursuant to K.S.A. 12-5374, and 
amendments thereto, the LCPA shall withhold $.01 from every 911 fee 
remitted pursuant to K.S.A. 12-5369, and amendments thereto, and 
shall deposit such amount in the 911 state grant fund. If the balance in  HOUSE BILL No. 2690—page 17
the 911 state grant fund exceeds $2,000,000, the LCPA shall not 
withhold such amount remit such moneys to the state treasurer in 
accordance with the provisions of K.S.A. 75-4215, and amendments 
thereto. Upon receipt of each such remittance, the state treasurer shall 
deposit the entire amount in the state treasury and credit such amount 
to the state 911 grant fund established pursuant to section 6, and 
amendments thereto.
(c)(b) The state 911 board shall be responsible for ensuring that 
the 911 operations fund and the 911 state grant fund and any interest 
earned on money credited to the fund is only expended for the 
following purposes: (1) Projects involving the development and 
implementation of next generation 911 services; (2) costs associated 
with PSAP consolidation or cost-sharing projects; (3) expenses related 
to the 911 coordinating council; and (4) other costs pursuant to K.S.A. 
12-5375, and amendments thereto moneys collected from 911 fees and 
prepaid wireless 911 fees are only expended for purposes authorized 
pursuant to the Kansas 911 act.
(d)(c) The state 911 board shall develop criteria for eligible 
purchases and for grant applicants and make the final determination as 
to the distribution of grant funds. Such criteria shall promote the 
procurement of equipment that meets open architecture and national 
technical standards. Grant moneys shall not be used to procure, 
maintain or upgrade subscriber radio equipment.
(e)(d) The state 911 board or the LCPA shall be authorized to 
maintain an action to collect any moneys owed by any provider in the 
district court in the county of the registered office of such provider or, 
if such provider does not have a registered office in the state, such an 
action may be maintained in the county where such provider's principal 
office is located. If such provider has no principal office in the state, 
such an action may be maintained in the district court of any county 
where such provider provides service.
Sec. 19. On and after July 1, 2025, 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(a) Except as provided in 
subsection (b), there is hereby imposed a 911 fee in the amount of $.90 
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.
(b) The state 911 board may, pursuant to rules and regulations, 
lower the 911 fee established pursuant to subsection (a) upon a finding 
that the moneys generated by such 911 fee exceed the costs required to 
operate PSAPs in the state.
Sec. 20. On and after July 1, 2025, K.S.A. 12-5370 is hereby 
amended to read as follows: 12-5370. (a) Every billed service user shall 
be liable for the 911 fee until such fees have been paid to the exchange 
telecommunications service provider, wireless telecommunications 
service provider, VoIP service provider or other service provider.
(b) All providers shall have the duty to collect the fees 911 fee 
imposed pursuant to this act K.S.A. 12-5369, and amendments thereto. 
Such fees 911 fee shall be added to and may be stated separately in 
billings for the subscriber account. If stated separately in billings, the 
fees shall be labeled ''911 fees.''
(c) The provider shall have no obligation to take any legal action 
to enforce the collection of the fees imposed by this act 911 fee. The 
provider shall provide annually to the LCPA a list of the amount of 
uncollected 911 fees along with the names and addresses of those 
service users which that carry a balance that can be determined by the 
provider to be nonpayment of such fees.
(d) The fees imposed by this act 911 fee shall be collected insofar  HOUSE BILL No. 2690—page 18
as practicable at the same time as, and along with, the charges for local 
exchange, wireless, VoIP, or other service in accordance with regular 
billing practice of the provider.
(e) The 911 fees and the amounts required to be collected therefor 
are due monthly. Each provider shall remit the amount of such all 911 
fees collected in one each calendar month by the provider shall be 
remitted to the LCPA not more than 15 days after the close of the such 
calendar month. On or before the 15
th 
day of each calendar month 
following, Upon each such remittance, the provider shall file a return 
for the preceding month shall be filed with the LCPA. Such return shall 
be provided in such form and shall contain such information manner as 
required by the LCPA board. The provider required to file the return 
shall deliver the return together with a remittance of the amount of fees 
payable to the LCPA. The provider shall maintain records of the 
amount of any such fees collected in accordance with this act for a 
period of three years from the time the fees are collected.
(f) The provisions of this section shall not be construed to apply to 
the prepaid wireless service 911 fee.
Sec. 21. On and after July 1, 2025, 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% 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 when 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 board's 
authority to reduce the 911 fee under K.S.A. 12-5364(g) 12-5369(b), 
and amendments thereto. The adjusted amount shall be the product of 
dividing the numeric amount of the new 911 fee adjusted pursuant to 
K.S.A. 12-5364(g) 12-5369(b), and amendments thereto, by 50. Such 
reduction shall be effective on the effective date of the reduction of the 
911 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 911 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 
products or services for a single, non-itemized price, then the 
percentage specified in subsection (a) shall apply to the entire non- HOUSE BILL No. 2690—page 19
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. 22. On and after January 1, 2026, K.S.A. 12-5372 is hereby 
amended to read as follows: 12-5372. (a) Prepaid wireless 911 fees 
collected by sellers shall be remitted to the department by electronic 
filing that is consistent with the provisions of article 36 of chapter 79 of 
the Kansas Statutes Annotated, and amendments thereto. The 
department shall establish registration and payment procedures for the 
collection of the prepaid wireless 911 fee.
(b) To minimize additional costs to the department, the department 
may conduct audits of sellers in conjunction with sales and use tax 
audits. The department is authorized to provide the board and LCPA 
with information obtained in such audits if such information indicates 
that a seller may not be complying with the provisions of this section 
and K.S.A. 12-5371, and amendments thereto. The board or LCPA may 
request the department to initiate collection or audit procedures on 
individual sellers if collection efforts by the board or LCPA are 
unsuccessful.
(c) The department shall establish procedures by which a seller 
may document that a sale is not a retail sale, which procedures shall 
substantially coincide with procedures for documenting sale for resale 
transactions for article 36 of chapter 79 of the Kansas Statutes 
Annotated, and amendments thereto.
(d) (1) The department shall transfer all remitted prepaid wireless 
911 fees to the LCPA within 30 days of receipt for distribution as 
provided in K.S.A. 12-5374, and amendments thereto Except as 
provided in paragraph (2), the department shall remit all moneys 
collected from the prepaid wireless 911 fees to the state treasurer in 
accordance with K.S.A. 75-4215, and amendments thereto. Upon 
receipt of each such remittance, the state treasurer shall deposit the 
entire amount in the state treasury and credit such amount to the state 
911 operations fund established pursuant to section 5, and amendments 
thereto.
(2) If the department remits $3,000,000 to the state treasurer 
pursuant to paragraph (1) in any given year, then all remaining moneys 
collected from the prepaid wireless 911 fee shall be remitted to the state 
treasurer in accordance with K.S.A. 75-4215, and amendments thereto. 
Upon receipt of each such remittance, the state treasurer shall deposit 
the entire amount in the state treasury and credit such amount to the 
state 911 fund established pursuant to section 7, and amendments 
thereto. Such moneys shall be distributed to governing bodies and 
PSAPs in an amount proportional to each county's population as a 
percentage share of the population of the state. For each PSAP within 
a county, such moneys shall be distributed to each PSAP in an amount 
proportional to the PSAP's population as a percentage share of the 
population of the county. If there is no PSAP within a county, then such 
moneys shall be distributed to the governing body that contracts with 
another governing body of a PSAP for the provision of 911 PSAP 
services. Moneys distributed pursuant to this paragraph shall only be 
used for the uses authorized in K.S.A. 12-5375, and amendments 
thereto.
Sec. 23. On and after July 1, 2024, K.S.A. 12-5374 is hereby 
amended to read as follows: 12-5374. (a) (1) Except for the amounts 
withheld by the LCPA pursuant to K.S.A. 12-5368(b), and amendments 
thereto, and any amounts withheld pursuant to K.S.A. 12-5364(l), and 
amendments thereto, not later than 30 days after the receipt of moneys 
911 fees from providers pursuant to K.S.A. 12-5370 and 12-5371, and 
amendments thereto, and prepaid wireless 911 fees from the department 
pursuant to K.S.A. 12-5372, and amendments thereto, the LCPA shall  HOUSE BILL No. 2690—page 20
distribute such moneys to the PSAPs or to governing bodies that 
contract with another governing body of a PSAP for the provision of 
911 PSAP services. The amount of money distributed to the PSAPs in 
each county, or to any governing body that contracts with another 
governing body of a PSAP for the provision of 911 PSAP services, shall 
be based upon the amount of 911 fees collected from service users 
located in that county, based on place of primary use information 
provided by the providers, by using the following distribution method:
Population of county	Percentage of collected
where PSAP is located	911 fees to distribute
Over 80,000.......................................................................................................... 82% 85%
65,000 to 79,999................................................................................................... 85% 88%
55,000 to 64,999................................................................................................... 88% 91%
45,000 to 54,999................................................................................................... 91% 94%
35,000 to 44,999................................................................................................... 94% 97%
25,000 to 34,999                                                                                                           ............................................................................................................ 97%
Less than 25,000 35,000.............................................................................................. 100%
(2) There shall be a minimum county distribution of $60,000 and 
no county shall receive less than $60,000 of direct distribution 
moneysIf the calculated amount for distribution within a county is less 
than $70,000, the $70,000 shall be distributed for services within that 
county.
(3) If there is a single PSAP providing services for a county, such 
PSAP shall receive the governing body's distribution, if any. If there is 
more than one PSAP in a county then the direct distribution allocated to 
that county by population shall be deducted from the minimum county 
distribution and the difference distributions to each PSAP shall be 
proportionately divided between the PSAPs in the county.
(4) All moneys remaining after distribution, moneys withheld 
pursuant to K.S.A. 12-5368(b)(1), and amendments thereto, and any 
moneys that cannot be attributed to a specific PSAP or governing body 
shall be transferred to the 911 operations fund.
(b) All fees remitted to the LCPA shall be deposited in the 911 
state fund and for the purposes of this act be treated as if they are public 
funds, pursuant to article 14 of chapter 9 of the Kansas Statutes 
Annotated, and amendments thereto.
(c) All moneys in the 911 state fund that have been collected from 
the prepaid wireless 911 fee shall be deposited in the 911 operations 
fund unless $3 million of such moneys have been deposited in any 
given year then all remaining moneys shall be distributed to the 
counties governing bodies of PSAPs in an amount proportional to each 
county's population as a percentage share of the population of the state. 
For each PSAP within If there is more than one PSAP in a county, such 
moneys shall be distributed to each PSAP in an amount proportional to 
the PSAP's population as a percentage share of the population of the 
county. If there is no PSAP within a county, then such moneys shall be 
distributed to the PSAP providing service to such county governing 
body that contracts with another governing body of a PSAP for the 
provision of 911 PSAP services. Such Moneys distributed to counties 
governing bodies and PSAPs pursuant to this section only shall be used 
for the uses authorized in K.S.A. 12-5375, and amendments thereto.
(d) The LCPA shall keep accurate accounts of all receipts and 
disbursements of moneys from the 911 fees.
(e) InformationRecords provided by providers any provider to the 
local collection point administrator LCPA or to the 911 coordinating 
council pursuant to this act will shall be treated as proprietary records 
that will and shall be withheld from the public upon request of the 
party provider submitting such records.
Sec. 24. On and after July 1, 2025, K.S.A. 12-5374, as amended 
by section 23 of this act, is hereby amended to read as follows: 12-
5374. (a) (1) Except for the amounts withheld by the LCPA pursuant to 
K.S.A. 12-5368(b), and amendments thereto, and any amounts 
withheld pursuant to K.S.A. 12-5364(l) section 4, and amendments 
thereto, not later than 30 days after the receipt of 911 fees from 
providers pursuant to K.S.A. 12-5370, and amendments thereto, and  HOUSE BILL No. 2690—page 21
prepaid wireless 911 fees from the department pursuant to K.S.A. 12-
5372, and amendments thereto, the LCPA shall distribute such moneys 
to the PSAPs or to governing bodies that contract with another 
governing body of a PSAP for the provision of 911 PSAP services. The 
amount of money distributed to the PSAPs in each county, or to any 
governing body that contracts with another governing body of a PSAP 
for the provision of 911 PSAP services, shall be based upon the amount 
of 911 fees collected from service users located in that county, based on 
place of primary use information provided by the providers, by using 
the following distribution method:
Population of county	Percentage of collected
 911 fees to distribute
Over 80,000................................................................................................................... 85%
65,000 to 79,999............................................................................................................ 88%
55,000 to 64,999............................................................................................................ 91%
45,000 to 54,999............................................................................................................ 94%
35,000 to 44,999............................................................................................................ 97%
Less than 35,000.......................................................................................................... 100%
(2) If the calculated amount for distribution within a county is less 
than $70,000, the $70,000 shall be distributed for services within that 
county.
(3) The state 911 board may increase the minimum county 
distribution amount not more than once per calendar year by an 
amount that shall not exceed the minimum county distribution amount 
established for the preceding calendar year multiplied by the average 
percentage increase in the consumer price index for all urban 
consumers in the midwest region as published by the bureau of labor 
statistics of the United States department of labor for the preceding 
calendar year. Prior to increasing the minimum county distribution 
amount, the state 911 board shall evaluate:
(A) Whether an increase is needed based on the expenditures of 
the counties that are subject to such minimum distribution; and
(B) the impact of any such proposed increase to the long-term 
financial stability of all other distributions made pursuant to this 
section.
(4) If there is a single PSAP providing services for a county, such 
PSAP shall receive the governing body's distribution, if any. If there is 
more than one PSAP in a county then distributions to each PSAP shall 
be proportionately divided between the PSAPs in the county.
(4)(5) All moneys remaining after distribution, moneys withheld 
pursuant to K.S.A. 12-5368(b)(1), and amendments thereto, and any 
moneys that cannot be attributed to a specific PSAP or governing body 
shall be transferred to the 911 operations fund.
(b) All fees remitted to the LCPA shall be deposited in the 911 
state fund and for the purposes of this act be treated as if they are public 
funds, pursuant to article 14 of chapter 9 of the Kansas Statutes 
Annotated, and amendments thereto.
(c) All moneys in the 911 state fund that have been collected from 
the prepaid wireless 911 fee shall be deposited in the 911 operations 
fund unless $3 million of such moneys have been deposited in any 
given year then all remaining moneys shall be distributed to the 
governing bodies of PSAPs in an amount proportional to each county's 
population as a percentage share of the population of the state. If there 
is more than one PSAP in a county, such moneys shall be distributed to 
each PSAP in an amount proportional to the PSAP's population as a 
percentage share of the population of the county. If there is no PSAP 
within a county, then such moneys shall be distributed to the governing 
body that contracts with another governing body of a PSAP for the 
provision of 911 PSAP services. Moneys distributed to governing 
bodies and PSAPs pursuant to this section only shall be used for the 
uses authorized in K.S.A. 12-5375, and amendments thereto.
(d) The LCPA shall keep accurate accounts of all receipts and 
disbursements of moneys from the 911 fees.
(e) Records provided by any provider to the LCPA or to the state 
911 coordinating council board pursuant to this act shall be treated as  HOUSE BILL No. 2690—page 22
proprietary records and shall be withheld from the public upon request 
of the provider submitting such records.
Sec. 25. On and after January 1, 2026, K.S.A. 12-5374, as 
amended by section 24 of this act, is hereby amended to read as 
follows: 12-5374. (a) (1) Except for the amounts withheld by the LCPA 
pursuant to K.S.A. 12-5368(b) 12-5368, and amendments thereto, and 
any amounts withheld pursuant to section 4, and amendments thereto, 
not later than 30 days after the receipt of 911 fees from providers 
pursuant to K.S.A. 12-5370, and amendments thereto, and prepaid 
wireless 911 fees from the department pursuant to K.S.A. 12-5372, and 
amendments thereto, the LCPA state 911 board shall distribute such 
moneys to the PSAPs or to governing bodies that contract with another 
governing body of a PSAP for the provision of 911 PSAP services. The 
amount of money distributed to the PSAPs in each county, or to any 
governing body that contracts with another governing body of a PSAP 
for the provision of 911 PSAP services, shall be based upon the amount 
of 911 fees collected from service users located in that county, based on 
place of primary use information provided by the providers, by using 
the following distribution method:
Population of county	Percentage of collected
 911 fees to distribute
Over 80,000................................................................................................................... 85%
65,000 to 79,999............................................................................................................ 88%
55,000 to 64,999............................................................................................................ 91%
45,000 to 54,999............................................................................................................ 94%
35,000 to 44,999............................................................................................................ 97%
Less than 35,000.......................................................................................................... 100%
(2) If the calculated amount for distribution within a county is less 
than $70,000, the $70,000 shall be distributed for services within that 
county.
(3) The state 911 board may increase the minimum county 
distribution amount not more than once per calendar year by an amount 
that shall not exceed the minimum county distribution amount 
established for the preceding calendar year multiplied by the average 
percentage increase in the consumer price index for all urban 
consumers in the midwest region as published by the bureau of labor 
statistics of the United States department of labor for the preceding 
calendar year. Prior to increasing the minimum county distribution 
amount, the state 911 board shall evaluate:
(A) Whether an increase is needed based on the expenditures of 
the counties that are subject to such minimum distribution; and
(B) the impact of any such proposed increase to the long-term 
financial stability of all other distributions to PSAPs and counties made 
pursuant to this section.
(4) If there is a single PSAP providing services for a county, such 
PSAP shall receive the governing body's distribution, if any. If there is 
more than one PSAP in a county then distributions to each PSAP shall 
be proportionately divided between the PSAPs in the county.
(5) All moneys remaining after distribution, moneys withheld 
pursuant to K.S.A. 12-5368(b)(1), and amendments thereto, and any 
moneys that cannot be attributed to a specific PSAP or governing body 
shall be transferred to the 911 operations fundAfter each distribution 
that is made pursuant to this section, the state 911 board or LCPA shall 
certify to the director of accounts and reports the total amount of 
unencumbered moneys remaining in the state 911 fund and the amount 
of moneys that could not be attributed to a specific PSAP or governing 
body. Upon receipt of such certification, the director of accounts and 
reports shall transfer such certified amount from the state 911 fund to 
the state 911 operations fund.
(b) All fees remitted to the LCPA shall be deposited in the 911 
state fund and for the purposes of this act be treated as if they are 
public funds, pursuant to article 14 of chapter 9 of the Kansas Statutes 
Annotated, and amendments thereto.
(c) All moneys in the 911 state fund that have been collected from 
the prepaid wireless 911 fee shall be deposited in the 911 operations  HOUSE BILL No. 2690—page 23
fund unless $3 million of such moneys have been deposited in any 
given year then all remaining moneys shall be distributed to the 
governing bodies of PSAPs in an amount proportional to each county's 
population as a percentage share of the population of the state. If there 
is more than one PSAP in a county, such moneys shall be distributed to 
each PSAP in an amount proportional to the PSAP's population as a 
percentage share of the population of the county. If there is no PSAP 
within a county, then such moneys shall be distributed to the governing 
body that contracts with another governing body of a PSAP for the 
provision of 911 PSAP services. Moneys distributed to governing 
bodies and PSAPs pursuant to this section only shall be used for the 
uses authorized in K.S.A. 12-5375, and amendments thereto.
(d) The state 911 board and the LCPA shall keep accurate 
accounts of all receipts and disbursements of moneys from the 911 fees.
(e)(c) Records provided by any provider to the LCPA or to the 
state 911 board pursuant to this act shall be treated as proprietary 
records and shall be withheld from the public upon request of the 
provider submitting such records.
Sec. 26. On and after July 1, 2024, K.S.A. 12-5375 is hereby 
amended to read as follows: 12-5375. (a) (1) The proceeds of the 911 
fees imposed pursuant to this act Moneys distributed to governing 
bodies and PSAPs pursuant to K.S.A. 12-5374, and amendments 
thereto, and any interest earned on revenue derived from such fee 
moneys, shall be used only for necessary and reasonable costs incurred 
or to be incurred by governing bodies and PSAPs for:
(1)(A) Implementation of 911 services;
(2)(B) purchase of 911 equipment and upgrades;
(3)(C) maintenance and license fees for 911 equipment;
(4)(D) training of personnel, not to include salaries;
(5)(E) monthly recurring charges billed by service suppliers;
(6)(F) installation, service establishment and nonrecurring start-up 
charges billed by the service supplier;
(7)(G) charges for capital improvements and equipment or other 
physical enhancements to the 911 system; or
(8)(H) maintenance and updates that are necessary to maintain 
accurate GIS data;
(I) emergency repair or replacement of a radio tower; or
(J) the original acquisition and installation of road signs designed 
to aid in the delivery of emergency service.
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make 
improvements to buildings or similar facilities. Such costs shall also not 
include expenditures to purchase, procure, maintain or upgrade 
subscriber radio equipment.
(3) A governing body may contract with another governing body 
of a PSAP for the provision of 911 PSAP services provided that the 
moneys distributed to any such governing body pursuant to K.S.A. 12-
5374, and amendments thereto, shall only be used as authorized by this 
section. If a governing body serves as the provider of PSAP services for 
another governing body, both governing bodies shall enter into a 
contract or memorandum of agreement that addresses contingency 
plans and overflow arrangements. Any such contract or memorandum 
of agreement shall be reviewed by the 911 coordinating council with 
respect to the provisions that relate to contingency plans and overflow 
arrangements or that may conflict with the function of the statewide 
911 system. If the 911 coordinating council determines that any such 
provisions are not acceptable, the 911 coordinating council and the 
governing bodies shall collaborate and work to resolve such concerns 
prior to the effective date of such contract or memorandum of 
agreement. Any governing body contracting with another governing 
body of a PSAP for the provision of 911 PSAP services shall establish 
in the contract or memorandum of agreement an agreed upon 
percentage of the governing body's distribution amount for the LCPA to 
distribute to the governing body of the PSAP that is providing the 911  HOUSE BILL No. 2690—page 24
services.
(b) The 911 coordinating council shall, pursuant to rules and 
regulations, establish a process for a PSAP or governing body that 
contracts with another governing body of a PSAP for the provision of 
911 PSAP services, at the discretion of the PSAP, to seek pre-approval 
of an expenditure. The council shall respond in writing to any pre-
approval request within 30 days and inform the PSAP if stating 
whether the requested expenditure is approved or disapproved. If the 
expenditure is disapproved, the written notification shall state the 
reason for the disapproval and such PSAP or governing body may, 
within 15 days after service of the notification, make a written request 
to the council to appeal the council's decision and for a hearing to be 
conducted in accordance with the provisions of the Kansas 
administrative procedure act.
(c) The 911 coordinating council shall annually review 
expenditures of 911 funds moneys reported on the annual report for 
each PSAP or governing body that contracts with another governing 
body of a PSAP for the provision of 911 PSAP services and shall 
appoint a committee to review such expenditures. If the committee 
determines that a reported expenditure was not authorized by this act, 
the committee shall request that the expenditure be refunded by the 
PSAP or governing body to the PSAP's or governing body's 911 
account. If a PSAP or governing body does not concur with the finding 
of the committee, the PSAP or governing body may request a review of 
the decision of the committee before the 911 coordinating council. If 
the 911 coordinating council, based upon information obtained from an 
audit of the PSAPs, determines that any PSAP or governing body has 
used any 911 fees for any purpose other than those authorized in this 
act, the governing body for such PSAP or governing body that 
contracts with another governing body of a PSAP for the provision of 
911 PSAP services shall repay all such moneys used for any 
unauthorized purposes to the 911 fee fund of such PSAP or governing 
body. Upon a finding that the expenditure was made intentionally from 
the 911 fee fund of such PSAP for a purpose clearly established as an 
unauthorized expenditure, the 911 coordinating council may require 
such PSAP or governing body to pay the lesser of $500 or 10%, of such 
misused moneys, to the LCPA for deposit in the 911 state grant fund. 
No such repayment of 911 fees shall be imposed pursuant to this 
section except upon the written order of the council. Such order shall 
state the unauthorized purposes for which the funds were used, the 
amount of funds to be repayed repaid and the right of such PSAP or 
governing body to appeal to a hearing before the Kansas office of 
administrative hearings. Any such PSAP or governing body 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.
(d) Any final action of the council pursuant to subsection (b) or (c) 
is subject to review in accordance with the Kansas judicial review act.
Sec. 27. On and after July 1, 2025, K.S.A. 12-5375, as amended 
by section 26 of this act, is hereby amended to read as follows: 12-
5375. (a) (1) Moneys distributed to governing bodies and PSAPs 
pursuant to K.S.A. 12-5374, and amendments thereto, and any interest 
earned on revenue derived from such moneys, shall be used only for 
necessary and reasonable costs incurred or to be incurred by governing 
bodies and PSAPs for:
(A) Implementation of 911 services;
(B) purchase of 911 equipment and upgrades;
(C) maintenance and license fees for 911 equipment;
(D) training of personnel, not to include salaries;
(E) monthly recurring charges billed by service suppliers;
(F) installation, service establishment and nonrecurring start-up 
charges billed by the service supplier;
(G) charges for capital improvements and equipment or other  HOUSE BILL No. 2690—page 25
physical enhancements to the 911 system;
(H) maintenance and updates that are necessary to maintain 
accurate GIS data;
(I) emergency repair or replacement of a radio tower; or
(J) the original acquisition and installation of road signs designed 
to aid in the delivery of emergency service.
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make 
improvements to buildings or similar facilities. Such costs shall also not 
include expenditures to purchase, procure, maintain or upgrade 
subscriber radio equipment.
(3) A governing body may contract with another governing body 
of a PSAP for the provision of 911 PSAP services provided that the 
moneys distributed to any such governing body pursuant to K.S.A. 12-
5374, and amendments thereto, shall only be used as authorized by this 
section. If a governing body serves as the provider of PSAP services for 
another governing body, both governing bodies shall enter into a 
contract or memorandum of agreement that addresses contingency 
plans and overflow arrangements. Any such contract or memorandum 
of agreement shall be reviewed by the state 911 coordinating council 
board with respect to the provisions that relate to contingency plans 
and overflow arrangements or that may conflict with the function of the 
statewide 911 system. If the state 911 coordinating council board 
determines that any such provisions are not acceptable, the state 911 
coordinating council board and the governing bodies shall collaborate 
and work to resolve such concerns prior to the effective date of such 
contract or memorandum of agreement. Any governing body 
contracting with another governing body of a PSAP for the provision of 
911 PSAP services shall establish in the contract or memorandum of 
agreement an agreed upon percentage of the governing body's 
distribution amount for the LCPA to distribute to the governing body of 
the PSAP that is providing the 911 services.
(b) The state 911 coordinating council board shall, pursuant to 
rules and regulations, establish a process for a PSAP or governing body 
that contracts with another governing body of a PSAP for the provision 
of 911 PSAP services, to seek pre-approval of an expenditure. The 
council state 911 board shall respond in writing to any pre-approval 
request within 30 days and inform the PSAP stating whether the 
requested expenditure is approved or disapproved. If the expenditure is 
disapproved, the written notification shall state the reason for the 
disapproval and such PSAP or governing body may, within 15 days 
after service of the notification, make a written request to the council 
state 911 board to appeal the council's board's decision and for a 
hearing to be conducted in accordance with the provisions of the 
Kansas administrative procedure act.
(c) The state 911 coordinating council board shall annually review 
expenditures of 911 moneys reported on the annual report for each 
PSAP or governing body that contracts with another governing body of 
a PSAP for the provision of 911 PSAP services and shall appoint a 
committee to review such expenditures. If the committee determines 
that a reported expenditure was not authorized by this act, the 
committee shall request that the expenditure be refunded by the PSAP 
or governing body to the PSAP's or governing body's 911 account. If a 
PSAP or governing body does not concur with the finding of the 
committee, the PSAP or governing body may request a review of the 
decision of the committee before the state 911 coordinating council 
board. If the state 911 coordinating council board, based upon 
information obtained from an audit, determines that any PSAP or 
governing body has used any 911 fees for any purpose other than those 
authorized in this act, the governing body for such PSAP or governing 
body that contracts with another governing body of a PSAP for the 
provision of 911 PSAP services shall repay all such moneys used for 
any unauthorized purposes to the 911 fee fund of such PSAP or 
governing body. Upon a finding that the expenditure was made  HOUSE BILL No. 2690—page 26
intentionally for a purpose clearly established as an unauthorized 
expenditure, the state 911 coordinating council board may require such 
PSAP or governing body to pay the lesser of $500 or 10%, of such 
misused moneys, to the LCPA for deposit in the 911 state grant fund. 
No such repayment of 911 fees shall be imposed pursuant to this 
section except upon the written order of the council state 911 board. 
Such order shall state the unauthorized purposes for which the funds 
were used, the amount of funds to be repaid and the right of such PSAP 
or governing body to appeal to a hearing before the Kansas office of 
administrative hearings. Any such PSAP or governing body may, 
within 15 days after service of the order, make a written request to the 
council state 911 board for a hearing thereon. Hearings under this 
subsection shall be conducted in accordance with the provisions of the 
Kansas administrative procedure act.
(d) Any final action of the council state 911 board pursuant to 
subsection (b) or (c) is subject to review in accordance with the Kansas 
judicial review act.
Sec. 28. On and after January 1, 2026, K.S.A. 12-5375, as 
amended by section 27 of this act, is hereby amended to read as 
follows: 12-5375. (a) (1) Moneys distributed to governing bodies and 
PSAPs pursuant to K.S.A. 12-5374, and amendments thereto, and any 
interest earned on revenue derived from such moneys, shall be used 
only for necessary and reasonable costs incurred or to be incurred by 
governing bodies and PSAPs for:
(A) Implementation of 911 services;
(B) purchase of 911 equipment and upgrades;
(C) maintenance and license fees for 911 equipment;
(D) training of personnel, not to include salaries;
(E) monthly recurring charges billed by service suppliers;
(F) installation, service establishment and nonrecurring start-up 
charges billed by the service supplier;
(G) charges for capital improvements and equipment or other 
physical enhancements to the 911 system;
(H) maintenance and updates that are necessary to maintain 
accurate GIS data;
(I) emergency repair or replacement of a radio tower; or
(J) the original acquisition and installation of road signs designed 
to aid in the delivery of emergency service.
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make 
improvements to buildings or similar facilities. Such costs shall also not 
include expenditures to purchase, procure, maintain or upgrade 
subscriber radio equipment.
(3) A governing body may contract with another governing body 
of a PSAP for the provision of 911 PSAP services provided that the 
moneys distributed to any such governing body pursuant to K.S.A. 12-
5374, and amendments thereto, shall only be used as authorized by this 
section. If a governing body serves as the provider of PSAP services for 
another governing body, both governing bodies shall enter into a 
contract or memorandum of agreement that addresses contingency 
plans and overflow arrangements. Any such contract or memorandum 
of agreement shall be reviewed by the state 911 board with respect to 
the provisions that relate to contingency plans and overflow 
arrangements or that may conflict with the function of the statewide 
911 system. If the state 911 board determines that any such provisions 
are not acceptable, the state 911 board and the governing bodies shall 
collaborate and work to resolve such concerns prior to the effective 
date of such contract or memorandum of agreement. Any governing 
body contracting with another governing body of a PSAP for the 
provision of 911 PSAP services shall establish in the contract or 
memorandum of agreement an agreed upon percentage of the 
governing body's distribution amount for the LCPA to distribute to the 
governing body of the PSAP that is providing the 911 services.
(b) The state 911 board shall, pursuant to rules and regulations,  HOUSE BILL No. 2690—page 27
establish a process for a PSAP or governing body that contracts with 
another governing body of a PSAP for the provision of 911 PSAP 
services, to seek pre-approval of an expenditure. The state 911 board 
shall respond in writing to any pre-approval request within 30 days and 
inform the PSAP stating whether the requested expenditure is approved 
or disapproved. If the expenditure is disapproved, the written 
notification shall state the reason for the disapproval and such PSAP or 
governing body may, within 15 days after service of the notification, 
make a written request to the state 911 board to appeal the board's 
decision and for a hearing to be conducted in accordance with the 
provisions of the Kansas administrative procedure act.
(c) The state 911 board shall annually review expenditures of 911 
moneys reported on the annual report for each PSAP or governing body 
that contracts with another governing body of a PSAP for the provision 
of 911 PSAP services and shall appoint a committee to review such 
expenditures. If the committee determines that a reported expenditure 
was not authorized by this act, the committee shall request that the 
expenditure be refunded by the PSAP or governing body to the PSAP's 
or governing body's 911 account. If a PSAP or governing body does not 
concur with the finding of the committee, the PSAP or governing body 
may request a review of the decision of the committee before the state 
911 board. If the state 911 board, based upon information obtained 
from an audit, determines that any PSAP or governing body has used 
any 911 fees for any purpose other than those authorized in this act, the 
governing body for such PSAP or governing body that contracts with 
another governing body of a PSAP for the provision of 911 PSAP 
services shall repay all such moneys used for any unauthorized 
purposes to the 911 fee fund of such PSAP or governing body. Upon a 
finding that the expenditure was made intentionally for a purpose 
clearly established as an unauthorized expenditure, the state 911 board 
may require such PSAP or governing body to pay the lesser of $500 or 
10%, of such misused moneys, to the LCPA for deposit in the 911 state 
grant fund. Upon receipt of any moneys paid pursuant to this 
subsection, the LCPA shall remit such moneys to the state treasurer in 
accordance with K.S.A. 75-4215, and amendments thereto. Upon 
receipt of each such remittance, the state treasurer shall deposit the 
entire amount in the state treasury and credit such amount to the state 
911 grant fund. No such repayment of 911 fees shall be imposed 
pursuant to this section except upon the written order of the state 911 
board. Such order shall state the unauthorized purposes for which the 
funds were used, the amount of funds to be repaid and the right of such 
PSAP or governing body to appeal to a hearing before the Kansas 
office of administrative hearings. Any such PSAP or governing body 
may, within 15 days after service of the order, make a written request to 
the state 911 board for a hearing thereon. Hearings under this 
subsection shall be conducted in accordance with the provisions of the 
Kansas administrative procedure act.
(d) Any final action of the state 911 board pursuant to subsection 
(b) or (c) is subject to review in accordance with the Kansas judicial 
review act.
Sec. 29. On and after July 1, 2025, K.S.A. 12-5377 is hereby 
amended to read as follows: 12-5377. (a) The receipts and 
disbursements of the LCPA shall be audited yearly by a licensed 
municipal accountant or certified public accountant.
(b) The LCPA state 911 board may require an audit of any 
provider's books and records concerning the collection and remittance 
of fees pursuant to this act. The cost of any such audit shall be paid 
from the 911 operations fund.
(c) (1) On or before December 31, 2018, and at least once every 
five years thereafter, the division of post audit shall conduct an audit of 
the 911 system to determine: (A) Whether the moneys received by 
PSAPs pursuant to this act are being used appropriately; (B) whether 
the amount of moneys collected pursuant to this act is adequate; and 
(C) the status of 911 service implementation. The auditor to conduct  HOUSE BILL No. 2690—page 28
such audit shall be specified in accordance with K.S.A. 46-1122, and 
amendments thereto.
(2) The post auditor shall compute the reasonably anticipated cost 
of providing audits pursuant to this subsection, subject to review and 
approval by the contract audit committee established by K.S.A. 46-
1120, and amendments thereto. Upon such approval, the division of 
post audit shall be reimbursed from the 911 operations fund for the 
amount approved by the contract audit committee. The audit report 
shall be submitted to the 911 coordinating council, the LCPA, the house 
of representatives committee on energy, utilities and 
telecommunications and the senate committee on utilities.
(d) (1) On or before December 31, 2018, the division of post audit 
shall conduct an audit of the budget and expenditures of the 911 
coordinating council. In conducting such audit, the division shall 
examine: (A) The annual expenses and financial needs, including 
personnel, of the council; (B) the total annual operating expenses of the 
council that are included in the 2.5% cap on expenditures pursuant to 
K.S.A. 12-5364(i), and amendments thereto; (C) the current and 
projected contractual expenses of the council; (D) the expenditures and 
distribution of moneys from the 911 state grant fund by the council; and 
(E) whether the moneys expended by the council are being used 
pursuant to this act. The auditor, to conduct such audit, shall be 
specified in accordance with K.S.A. 46-1122, and amendments thereto.
(2) The post auditor shall compute the reasonably anticipated cost 
of providing the audit pursuant to this subsection, subject to review and 
approval by the contract audit committee established by K.S.A. 46-
1120, and amendments thereto. Upon such approval, the division of 
post audit shall be reimbursed from the 911 operations fund for the 
amount approved by the contract audit committee. The audit report 
shall be submitted to the 911 coordinating council, the house of 
representatives committee on energy, utilities and telecommunications 
and the senate committee on utilities.
(e) The legislature shall review this act at the regular 2019 
legislative session and at the regular legislative session every five years 
thereafter.
Sec. 30. On and after July 1, 2024, K.S.A. 12-5364, 12-5368, 12-
5374 and 12-5375 are hereby repealed.
Sec. 31. On and after July 1, 2025, K.S.A. 12-5362, 12-5363, 12-
5364, as amended by section 12 of this act, 12-5365, 12-5366, 12-5367, 
12-5368, as amended by section 16 of this act, 12-5369, 12-5370, 12-
5371, 12-5374, as amended by section 23 of this act, 12-5375, as 
amended by section 26 of this act, 12-5377, 12-5378 and 12-5379 are 
hereby repealed. HOUSE BILL No. 2690—page 29
Sec. 32. On and after January 1, 2026, K.S.A. 12-5368, as 
amended by section 17 of this act, 12-5372, 12-5374, as amended by 
section 24 of this act, and 12-5375, as amended by section 27 of this 
act, are hereby repealed.
Sec. 33. This act shall take effect and be in force from and after its 
publication in the Kansas register.
I hereby certify that the above BILL originated in the House, 
and passed that body
HOUSE concurred in
SENATE amendments  __________________________________________________________________ 
 
                                                                                                    
Speaker of the House.           
 
                                                                                                    
Chief Clerk of the House.          
         
Passed the SENATE
              as amended                                                                                                    
                                                                                 
President of the Senate.     
                                                                                             
Secretary of the Senate.     
APPROVED ______________________________________________________________________________
                                                                                  
Governor.