SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2690
As Amended by Senate Committee on Utilities
Brief*
HB 2690, as amended, would allow counties or
governing bodies of cities to contract with another governing
body of a Public Safety Answering Point (PSAP) for
consolidation of the provision of 911 services, make changes
to how 911 is governed within the state by replacing the
current 911 Coordinating Council (Council) with a new State
911 Board, change how the 911 fees are allowed to be used,
and require 911 fees collected from phone bills and prepaid
wireless service to be transferred to the state treasury.
The bill would also make technical changes.
The bill would be in effect upon publication in the
Kansas Register.
County PSAP Consolidation (Sections 12, 23, 26)
The bill would authorize, beginning on July 1, 2024, any
PSAP or governing body of a PSAP to contract with another
governing body of a PSAP to provide 911 PSAP services,
develop strategies for future enhancements to the 911
system, and allow for the distributions of 911 fees to counties
with consolidated 911 services.
Additionally, the bill would require the governing bodies
of PSAPS with consolidated 911 services to:
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org ●Comply with any rules and regulations requiring
how moneys have been spent;
●Maintain geographic information system (GIS)
data;
●Report annually to the Council;
●Comply with penalties for noncompliance with
annual reporting requirements;
●Comply with requirements for expenditures,
including any established purchase pre-approval
process; and
●Participate in an annual expenditure review
process.
Establishment of 911 Board and Transition, and Sunset
of 911 Council (Sections 1, 2, 3, 4, 9, 10, 15, 17, 18, 21,
27, 29)
The bill would abolish, on and after July 1, 2025, the
existing Council and establish the State 911 Board (Board).
The composition of the Board would be nearly identical
to the current composition of the Council, with the exception
that the one member recommended by the Kansas League of
Municipalities and the one member recommended by the
Kansas Association of Counties would become voting
members. Additionally, the bill would change the affiliation of
the member representing a fire chief to a representative of
the Kansas State Association of Fire Chiefs.
The bill would authorize the Governor to select the
Board’s Chairperson, who would be required to have
extensive 911 experience in the state and ensure policies
adopted by the Board are carried out.
2- 2690 Initial Board Membership
On and after July 1, 2025, the bill would deem the
appointed members currently serving on the Council as
appointed members of the Board, and their term would expire
at the same time as the appointed term on the Council.
Future Board Membership
Terms for new appointments would start upon the
appointment and would last for three years and until a
successor is appointed. Terms for voting members would be
limited to two consecutive three-year terms, and completing
the term of a predecessor would not preclude a member from
serving two full terms. Further, terms would end on June 30th
in the year in which the term is set to expire. There would be
an exception for the terms of legislative members serving on
the Board to expire commensurate with their legislative term.
911 Board Powers, Duties, and Responsibilities
The bill would require the Board to carry out the
following responsibilities:
●Coordinate E-911 services and next generation 911
(NG911) services in the state;
●Implement statewide 911 communications
planning;
●Monitor the delivery of 911 communications
services in the state;
●Develop strategies for future enhancements to the
911 system;
●Administer and oversee grants to PSAPs;
●Develop technology standards;
3- 2690 ●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;
●Employ a full-time executive director who must:
○Be the administrative officer of the board;
○Be an unclassified employee under the
Kansas Civil Service Act;
○Receive an annual salary set by the board;
and
●Make an annual report of all expenditures from 911
fees to the House Committee on Energy, Utilities
and Telecommunications and the Senate
Committee on Utilities, or their successors.
The bill would authorize the Board to perform the
following:
●Contract with any person to assist in the
performance of the powers, duties, and functions of
the Board;
●Reimburse state agencies or independent
contractors for expenses incurred in carrying out
the powers, duties, and functions of the Board;
●Apply for grants under the federal 911 Grant
Program;
●Recommend training for general PSAP operations;
●Enter into and support agreements for the
interstate and interlocal interconnection of ESInet
service; and
4- 2690 ●Adopt rules and regulations as the Board deems
necessary for the implementation and
administration of the Kansas 911 Act.
The bill would also specify that the Board cannot
establish a mandatory certification program for PSAP
operations or PSAP emergency communications personnel.
911 Coordinating Council Transition (New Sections 3 and 9)
The bill would authorize the Council, on or after July 1,
2024, to make preparation for the transition of powers, duties,
and functions to the Board. Actions could include the
following:
●Employ individuals deemed necessary to assist
with the transition;
○Employees would be in unclassified service
and receive compensation fixed by the
Council; and
●Prepare a budget reflecting the establishment of a
board and a 911 fund within the state treasury;
The bill would would specify that expenses related to
this preparation would be considered administrative in nature
and could be paid for with funds within the 911 Operations
Fund.
The bill would require, on or after July 1, 2025,
necessary employees of the Council be made employees of
the Board, and such employees would retain all benefits and
civil service rights that have accrued to or vested in them.
Their service would be considered continuous.
5- 2690 911 Board Successorship (New Section 3, Sections 15, 17,
21, 27)
Additionally, on or after July 1, 2025, the bill would make
the Board the successor to the powers, duties, property, and
records of the Council in every way. When the term “911
Coordinating Council” or words of like effect are referred to, it
would be deemed to apply to the Board. Rules and
regulations adopted by the Council would also continue to be
in effect and considered adopted by the Board until amended,
revoked, or nullified.
Beginning on July 1, 2025, the bill would make
conforming changes throughout by replacing the term
“coordinating council” with “board” where necessary. Further,
it would specify any contract made between the Council and
a Local Collection Point Administrator (LCPA) as of January
1, 2025, would remain valid until action is taken by the Board.
Continuations of Requirements Currently Found in the 911
Act (New Section 4)
The bill would also continue the following provisions,
which currently only apply to the Council but would apply,
upon enactment, to the Board, PSAPs, and governing bodies
that contract with a governing body of a PSAP for the
provision of 911 PSAP services [Note: The bill would repeal
the relevant provisions of law and enact new provisions that
are substantially similar, with the only change being the
entities they are applicable to]:
●Wireless telecommunication providers (Providers)
must submit contact information to the board;
●Providers must establish “911” as a unique
emergency number;
●Providers must seek prior approval from PSAPs to
rout emergency calls;
6- 2690 ●Providers may recover from customers costs
associated with 911 fees;
●The Board may assess and recover civil penalties
from Providers found in violation of the act;
●PSAPs and contractor-governing bodies of a PSAP
must file an annual report with the Board and
would be subject to penalties for noncompliance;
●PSAPs and contractor-governing bodies of a PSAP
must maintain GIS data and its compliance with the
law.
Definitions (Section 11)
On or after July 1, 2025, the bill would define the term
“Board” to mean the State 911 Board, and make other
conforming changes throughout the section, including, but not
limited to, replacing references to the Council with references
to the Board.
Creation of Funds in State Treasury and Transfers from
External Funds. (New Sections 5, 6, 7, 8, Sections 13,
14, 18, 22)
The bill would create a State 911 Operations Fund,
State 911 Grant Fund, and State 911 Fund within the state
treasury to receive transfers of 911 fees. Under current law,
these fees are received by similarly named funds not within
the state treasury. The bill would also require a transfer of the
balance of 911 fees and any liabilities from the external funds
to the corresponding funds within the state treasury. These
provisions would take effect on January 1, 2026.
The bill would require the funds be used only for the
following purposes:
7- 2690 ●Administrative and operational expenses of the
Board, including employee salaries [State 911
Operations Fund];
●Expenses incurred for contracts entered into by the
Board [State 911 Operations Fund];
●Payment to state agencies or independent
contractors [State 911 Operations Fund];
●Development, deployment, implementation, and
maintenance of the statewide NG911 system [State
911 Operations Fund];
●State grants for projects involving the development
and implementation of NG911 services [State 911
Grant Fund];
●Grants to PSAPs based on demonstrated need
[State 911 Grant Fund];
●Costs associated with PSAP consolidation or cost-
sharing projects [State 911 Grant Fund]; and
●Minimum and direct distribution to PSAPs.
The bill would also clarify that, on or after July 1, 2026,
the fees, withholding, and distributions administered by the
LCPA found in current law for the external 911 funds will now
be remitted to the funds within the state treasury.
The bill would also make clear that funds deposited in
the 911 Federal Grant Fund and 911 State Maintenance
Fund, both currently within the state treasury, would be
remitted to the State Treasurer and deposited to the credit of
the respective fund. The bill would remove the Chair of the
Council as the administrator of each fund. These changes
would take effect on or after July 1, 2025.
8- 2690 Expenditure Reporting Requirements and Audits (New
Section 8, Sections 28 and 29)
The bill would require, beginning July 1, 2025, the LCPA
to provide a report on or before the 15th day of each month to
the Director of the Legislative Research Department and
Secretary of Administration. The report would account for
every transaction involving the external 911 funds in the prior
month and include other requirements set forth in the bill.
Additionally, the Board would be required to prepare a report
before January 31, 2026, for the Legislature summarizing the
transactions that occurred between July 1, 2025, and January
1, 2026. These provisions would expire on February 1, 2026.
Beginning on July 1, 2025, the bill would give the Board
the ability to require an audit of wireless provider records
concerning the collection of 911 fees and would remove this
authority from the LCPA.
Additionally, the bill would remove provisions requiring
the Legislative Division of Post Audit to conduct audits of the
911 system and the Council.
911 Fees and Prepaid 911 Wireless Fees (Sections 19, 20,
23, 24, 25, 26, 28)
On or after January 1, 2025, the Board would be
authorized to lower the 90 cent 911 fee, which law currently
holds static, if it is found that the moneys generated by the
fee exceed the costs required to operate the PSAPs within
Kansas.
Beginning on or after July 1, 2024, the bill would also
increase the minimum county distribution of 911 fees from
$60,000 to $70,000. Additionally, beginning on or after July 1,
2024, the bill would authorize the Board to increase the
minimum county distribution once a year in an amount not
more than the prior year’s distribution limit multiplied by the
average percentage increase in the consumer price index for
9- 2690 urban consumers in the Midwest region. In sum, the Board
would be permitted to increase the minimum county
distribution as indexed to inflation once per year. Before the
Board could authorize the increase, it would be required to
consider:
●Need of the increase based on expenditures of
counties that would receive a minimum distribution;
and
●Impact of an increase on the financial stability of all
other distributions to PSAPs.
After January 1, 2026, the bill would remove existing
requirements requiring the transfer of remaining moneys after
distributions to counties that are not attributable to specific
counties to the external 911 Operations Fund, and the
transfer of prepaid wireless funds from the 911 State Fund to
the 911 Operations Fund. The bill would require the Board or
the LCPA to certify to the Director of Accounts and reports the
amount of money remaining and the amount that could not be
attributed to a specific PSAP or governing body of a PSAP
prior to the transfer of funds to the Sate 911 Operations Fund.
Further, the bill would clarify prepaid wireless 911 fees in
excess of $3.0 million would be remitted by the Kansas
Department of Revenue and deposited in the 911 Operations
Fund to be distributed to governing bodies and PSAPs in an
amount proportional to the county population expressed as a
percentage share of the population of the state. If there is no
PSAP within a county, then the moneys shall be distributed to
the governing body that contracts with another governing
body of a PSAP for the provisions of 911 services.
The bill would also specify that the LCPA is required to
deposit funds received from a PSAP that had made an
unauthorized expenditure in the State 911 Grant Fund.
10- 2690 Technical Changes (Throughout)
The bill would make numerous technical and conforming
changes, including, but not limited to, the following:
●Removing language establishing external funds for
911 fees;
●Clarifying provider remittance to the LCPA;
●Replacing a reference to the Kansas Rural
Independent Telephone Coalition with the
Communications Coalition of Kansas. [Note: This
entry was established when the Kansas Rural
Independent Telephone Companies merged with
the Kansas State Independent Telephone
Association];
●Replacing references to the “911 Coordinating
Council” with “911 Board”; and
●Replacing references of “county” with “governing
body of a PSAP.”
Background
The bill was introduced by the House Committee on
Energy, Utilities and Telecommunications at the request of
Representative Delperdang on behalf of Representatives
Hoffman and Carmichael.
House Committee on Energy, Utilities and
Telecommunications
In the House Committee hearing on February 13, 2024,
Representative Hoffman and a representative of the Kansas
Association of Chiefs of Police, the Kansas Peace Officers
Association, and the Kansas Sheriffs Association provided
proponent testimony. Proponents generally stated that the
11- 2690 Council has outgrown its current statutory framework and
should be transitioned to a fee-funded state agency over the
next few years. One conferee recommended an amendment
to allow the Board to adjust the minimum distribution to
localities, indexed to inflation, once per year.
Opponent testimony was provided by a representative
of the Kansas Chapter of Association of Public-Safety
Communications Officials, who cited fiscal concerns because
there is not a cap on administrative costs, a fee structure
differing from other state boards, the transfer of funds into the
state treasury, and the Council or Board’s authority to reduce
the 911 tax/fee (KSA 12-5369).
Written-only opponent testimony was provided by a
representative of Rice County Emergency Communications.
Neutral testimony was provided by a representative of
the American Heart Association.
Written-only neutral testimony was provided by
representatives of AT&T, Dickinson County Emergency
Communications, the City of Overland Park, and T-Mobile.
The House committee amended the bill to:
●Include a mechanism for the Board to increase the
minimum distribution to counties;
●Make clear certain transfers would require a report
from the Board or LCPA to the Director of Accounts
and Reports prior to the remittance of funds; and
●Include technical and conforming changes,
including updating the name of a non voting
member to reflect the organization’s new name.
12- 2690 Senate Committee on Utilities
In the Senate Committee hearing, proponent testimony
was provided by the chairman of the 911 Coordinating
Council and a representative of the Kansas Association of
Chiefs of Police, the Kansas Peace Officers Association, and
the Kansas Sheriffs Association. The chairman stated
because 911 services is a state function, it should be
administered by a state agency (the Board). The
representative of the Kansas Association of Chiefs of Police,
the Kansas Peace Officers Association, and the Kansas
Sheriffs Association stated that the contracting parties
working with the LCPAs make the contracts with the PSAPs.
This bill would close that loophole by giving that contract-
making authority to the Board and governing bodies of the
PSAPs. He asked for there to be an amendment to change
the word “county” to “governing body of a PSAP” to
accommodate possible contracts for providing PSAP services
for those counties that do not maintain a PSAP or a city
providing PSAP services allowing for more flexibility in
providing 911 services.
Representative Hoffman provided written-only proponent
testimony.
Neutral testimony was provided by representatives of
the American Heart Association (AHA) and the Council. The
representative of the Council asked for an amendment to
include language allowing the Board to enter into contracts
for ESInet to allow for cross-state 911 coordination services.
The representative of the AHA described how
telecommunicators are the “true” first responders in
potentially providing telecommunicated CPR and other
guidance until first responders are able to arrive at the scene
of an emergency.
No other testimony was provided.
The Senate Committee amended the bill to:
13- 2690 ●Change instances of the word “county” to
“governing body” or “governing body of a PSAP”
and make other conforming changes throughout;
●Update the minimum amount of distribution from
$60,000 to $70,000;
●Require that the governing bodies of PSAPs
entering into a contract or memorandum of
agreement (MOA) to provide 911 services must
address contingency plans and overflow
arrangements. The Council would review the
contract or MOA to ensure there are no conflicts
with the function of the statewide 911 system. If
there is an issue, the Council would work and
collaborate with the governing bodies of a PSAP to
resolve such concerns prior to the effective date of
a contract or MOA. In the contract or MOA, the
governing body and governing body of a PSAP will
agree upon a percentage of the governing body’s
distribution amount for the LCPA to distribute to the
governing body of the PSAP for the provision of
911 services.
●Create an exception for the legislative members
appointed to the Board to serve their terms
commensurate their legislative terms;
●Change the reporting requirements of the
governing bodies of PSAPs to provide the report to
the Board on the 1st day of every month to on or
before the 15th day of every month;
●Require a monthly report starting January 1, 2025;
●Require the Board to provide details from the
monthly statements to the Legislature on or before
January 31, 2026, instead of January 12, 2026;
●Provide a sunset of those monthly reports and
report to the Legislature on February 1, 2026;
14- 2690 ●Change the effective date from publication in the
statute book to publication in the Kansas Register;
●Increase the allocation of the percentages of 911
fees distributed to PSAPs based upon county
population size by 3 percent and combine and
increase the lowest population size count category
from 25,000 to 34,999 and less than 25,000 to a
single category for less than 35,000;
●Create a technical change for the following three
members serving on the Board:
○The member serving on the Board
representing a fire chief to change to
representing the Kansas State Association of
Fire Chiefs;
○The member serving on the Board
recommended by the Kansas Emergency
Medical Services Board to be recommended
by the Kansas Board of Emergency Medical
Services;
○The member serving on the Board
representing rural telecommunications
companies recommended by the Kansas
Rural Independent Telephone Companies to
be recommended by the Communications
Coalition of Kansas; and
●Allow 911 PSAP state grant funds and allocation
funds to be used for emergency repair or
replacement of radio towers.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, it is assumed that the
new Board would be required to use the state accounting,
payroll, and budgeting system and pay 10 percent of its
15- 2690 revenues to the State General Fund, up to $100,000, to assist
with paying for these services. The Board currently has 4.00
FTE (full-time equivalent) positions that are independent
contractors who do not receive benefits and work more than
40 hours per week. The Council estimates it would need 2.00
or 3.00 additional FTE positions to perform accounting and
payroll duties that would be required of the Board. These
additional positions would cost between $179,767 for 2.00
FTE positions and $265,153 for 3.00 FTE positions from fee
funds starting in FY 2026. The Board would also use the
Office of Information Technology Services for its computer
services, but the additional costs for these services are
unknown. The Council estimates revenues of $39.8 million
and expenditures of $35.9 million, including PSAP payments,
for calendar year 2023. Because the new agency is estimated
to have a surplus of funds, the agency should be self-
sustaining and not require any funding from the State General
Fund.
The Kansas State School for the Blind, Kansas State
School for the Deaf, Emergency Medical Services Board,
Office of the Governor, Adjutant General, Legislature, State
Fire Marshal, Office of Information Technology Services,
Department of Revenue, and Office of Judicial Administration
all state that the bill would not have a fiscal effect. Any fiscal
effect associated with enactment of the bill is not reflected in
The FY 2025 Governor’s Budget Report.
The Kansas Association of Counties states that
enactment of the bill could impact the PSAP funding
amounts, which would affect counties. However, the
Association cannot estimate the amount of effect, if any, the
bill would have. The League of Kansas Municipalities states
that the bill would not have a fiscal effect on cities.
Kansas 911 Act; 911 Coordinating Council; 911 Board; E-911; Next Generation 911;
Public Service Answering Point
16- 2690