Kansas 2023-2024 Regular Session

Kansas House Bill HB2690 Compare Versions

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1	1	Session of 2024
2	2	HOUSE BILL No. 2690
3	3	By Committee on Energy, Utilities and Telecommunications
4	4	Requested by Representative Delperdang on behalf of Representative Hoffman and
5	5	Representative Carmichael
6	6	2-5
7	7	AN ACT concerning emergency communication services; establishing the
8	8	state 911 board; abolishing the 911 coordinating council; transferring
9	9	the powers, duties and functions of the 911 coordinating council to the
10	10	state 911 board; authorizing the board to appoint an executive director
11	11	and other employees to carry out the powers, duties and functions of
12	12	the board; abolishing the 911 operations fund, the 911 state grant fund
13	13	and the 911 state fund and establishing the state 911 operations fund,
14	14	the state 911 grant fund and the state 911 fund in the state treasury;
15	15	authorizing counties to contract for the provision of 911 PSAP services
16	16	with another county; amending K.S.A. 12-5362, 12-5363, 12-5364, 12-
17	17	5365, 12-5366, 12-5367, 12-5368, 12-5368, as amended by section 16
18	18	of this act, 12-5368, as amended by section 17 of this act, 12-5369, 12-
19	19	5370, 12-5371, 12-5372, 12-5374, 12-5374, as amended by section 23
20	20	of this act, 12-5374, as amended by section 24 of this act, 12-5375, 12-
21	21	5375, as amended by section 26 of this act, 12-5375, as amended by
22	22	section 27 of this act, and 12-5377 and repealing the existing sections;
23	23	also repealing K.S.A. 12-5364, as amended by section 12 of this act,
24	24	12-5378 and 12-5379.
25	25	Be it enacted by the Legislature of the State of Kansas:
26	26	New Section 1. (a) There is hereby established the state 911 board.
27	27	The board shall consist of 19 voting members and shall include individuals
28	28	with technical expertise regarding 911 systems, internet technology and
29	29	GIS technology.
30	30	(1) The following 15 voting members shall be appointed by the
31	31	governor:
32	32	(A) Two members representing information technology personnel
33	33	from governmental units;
34	34	(B) one member representing the Kansas sheriff's association;
35	35	(C) one member representing the Kansas association of chiefs of
36	36	police;
37	37	(D) one member representing a fire chief;
38	38	(E) one member recommended by the adjutant general;
39	39	(F) one member recommended by the Kansas emergency medical
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74	74	services board;
75	75	(G) one member recommended by the Kansas commission for the
76	76	deaf and hard of hearing;
77	77	(H) two members representing PSAPs located in counties having a
78	78	population less than 75,000, at least one of which shall be an administrator
79	79	of a PSAP or have extensive prior 911 experience in Kansas;
80	80	(I) two members representing PSAPs located in counties having a
81	81	population of 75,000 or more, at least one of which shall be an
82	82	administrator of a PSAP or have extensive prior 911 experience in Kansas;
83	83	(J) one member representing the Kansas chapter of the association of
84	84	public safety communications officials;
85	85	(K) one member recommended by the league of Kansas
86	86	municipalities; and
87	87	(L) one member recommended by the Kansas association of counties.
88	88	(2) The following four voting members shall be appointed as follows:
89	89	(A) One member of the Kansas house of representatives appointed by
90	90	the speaker of the house;
91	91	(B) one member of the Kansas house of representatives appointed by
92	92	the minority leader of the house;
93	93	(C) one member of the Kansas senate appointed by the president of
94	94	the senate; and
95	95	(D) one member of the Kansas senate appointed by the minority
96	96	leader of the senate.
97	97	(b) The state 911 board shall include the following nine nonvoting
98	98	members to be appointed by the governor:
99	99	(1) One member representing rural telecommunications companies
100	100	recommended by the Kansas rural independent telephone companies;
101	101	(2) one member representing incumbent local exchange carriers with
102	102	over 50,000 access lines;
103	103	(3) one member representing large wireless providers;
104	104	(4) one member representing VoIP providers;
105	105	(5) one member recommended by the Kansas geographic information
106	106	systems policy board;
107	107	(6) one member recommended by the Kansas office of information
108	108	technology services;
109	109	(7) one member recommended by the Mid-America regional council
110	110	who shall be a Kansas resident; and
111	111	(8) two members representing non-traditional PSAPs, one of whom
112	112	shall be a representative of tribal government.
113	113	(c) (1) The governor shall select the chairperson of the state 911
114	114	board. The chairperson shall serve as chairperson at the pleasure of the
115	115	governor and shall have extensive prior 911 experience in Kansas. The
116	116	chairperson shall serve subject to the direction of the board and ensure that
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160	160	policies adopted by the board are carried out.
161	161	(2) The chairperson of the board or the chairperson's designee may
162	162	sign any certifications required for federal grants pursuant to 47 C.F.R part
163	163	400.
164	164	(d) (1) Except as otherwise provided in this subsection, the terms of
165	165	office for members of the board shall commence upon appointment. Each
166	166	member shall serve a term of three years and until a successor has been
167	167	appointed pursuant to this section. No voting member shall serve longer
168	168	than two successive three-year terms, except that any person appointed to
169	169	fulfill an unexpired term of a voting member may finish the term of the
170	170	predecessor and such appointment shall not preclude the person from
171	171	subsequently serving two successive three-year terms.
172	172	(2) On July 1, 2025, each member appointed to and currently serving
173	173	a term on the 911 coordinating council pursuant to K.S.A. 12-5364, prior
174	174	to it repeal, shall be deemed to be appointed to and a member of the state
175	175	911 board. The initial term of each such member shall expire at the time
176	176	such member's original term would have expired as a member of the 911
177	177	coordinating council pursuant to K.S.A. 12-5364, prior to its repeal, and
178	178	until a successor has been appointed pursuant to this section.
179	179	(3) The term of all members of the board shall expire on June 30 in
180	180	the year that such member's term expires.
181	181	(e) Members of the board and other persons appointed to
182	182	subcommittees by the board may receive reimbursement for meals and
183	183	travel expenses, but shall serve without other compensation with the
184	184	exception of legislative members, who shall receive compensation
185	185	pursuant to K.S.A. 75-3212, and amendments thereto.
186	186	(f) The provisions of this section shall take effect and be in force on
187	187	and after July 1, 2025.
188	188	New Sec. 2. (a) The state 911 board shall:
189	189	(1) Coordinate E-911 services and next generation 911 services in the
190	190	state;
191	191	(2) implement statewide 911 communications planning;
192	192	(3) monitor the delivery of 911communications services in the state;
193	193	(4) develop strategies for future enhancements to the 911 system;
194	194	(5) administer and oversee grants to PSAPs;
195	195	(6) develop technology standards;
196	196	(7) establish minimum training requirements for PSAP personnel,
197	197	GIS technicians and information technology technicians with respect to the
198	198	statewide NG911 call handling system technology to ensure public safety
199	199	across Kansas;
200	200	(8) employ a full-time executive director; and
201	201	(9) make an annual report of all expenditures from the 911 fees
202	202	imposed pursuant to K.S.A. 12-5369 and 12-5371, and amendments
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246	246	thereto, to the house of representatives standing committee on energy,
247	247	utilities and telecommunications and the senate standing committee on
248	248	utilities or their successor committees.
249	249	(b) The state 911 board may:
250	250	(1) Contract with any person to assist in the performance of the
251	251	powers, duties and functions of the board;
252	252	(2) reimburse state agencies or independent contractors for expenses
253	253	incurred in carrying out the powers, duties and functions of the board;
254	254	(3) apply for grants under the federal 911 grant program;
255	255	(4) recommend training for general PSAP operations; and
256	256	(5) adopt rules and regulations as the board deems necessary for the
257	257	implementation and administration of the Kansas 911 act, except that the
258	258	board shall not establish a mandatory certification program for PSAP
259	259	operations or PSAP emergency communications personnel.
260	260	(c) The state 911 board may impose a civil penalty upon any provider
261	261	that fails to collect the 911 fees pursuant to K.S.A. 12-5369, and
262	262	amendments thereto, or remit such fees pursuant to K.S.A. 12-5370, and
263	263	amendments thereto. Such written order shall state the violation, the
264	264	penalty to be imposed and the right of the provider to appeal and request a
265	265	hearing before the board. Any such provider may, within 15 days after
266	266	service of the order, make a written request to the board for a hearing
267	267	thereon. Hearings under this subsection shall be conducted in accordance
268	268	with the provisions of the Kansas administrative procedure act. Any action
269	269	of the board to impose a penalty shall be subject to review in accordance
270	270	with the Kansas judicial review act. Any civil penalty recovered pursuant
271	271	to this subsection shall be deposited in the 911 state grant fund.
272	272	(d) (1) The executive director of the state 911 board shall:
273	273	(A) Be the administrative officer of the board;
274	274	(B) be in the unclassified service of the Kansas civil service act; and
275	275	(C) receive an annual salary set by the board.
276	276	(2) The executive director may hire, subject to the approval of the
277	277	board, assistant directors and employees as deemed necessary by the
278	278	board. Any such assistant directors or employees shall be in the
279	279	unclassified service of the Kansas civil service act.
280	280	(e) The provisions of this section shall take effect and be in force on
281	281	and after July 1, 2025.
282	282	New Sec. 3. (a) On July 1, 2025, the 911 coordinating council
283	283	established pursuant to K.S.A. 12-5364, prior to its repeal, is hereby
284	284	abolished and the powers, duties and functions vested in and imposed
285	285	upon the 911 coordinating council are hereby transferred to, vested in and
286	286	imposed upon the state 911 board.
287	287	(b) On July 1, 2025, all employees of the 911 coordinating council
288	288	who, immediately prior to such date, were engaged in the performance of
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332	332	the powers, duties or functions that are transferred pursuant to this act, and
333	333	who, in the opinion of the board, are necessary to perform the powers,
334	334	duties and functions of the board, shall be transferred to and shall become
335	335	employees of the board. Any such employee shall retain all retirement
336	336	benefits and all rights of civil service that had accrued to or vested in such
337	337	employee. The service of each such employee so transferred shall be
338	338	deemed to have been continuous.
339	339	(c) The state 911 board shall succeed to all property and records of
340	340	the 911 coordinating council. Any conflict as to the proper disposition of
341	341	property or records arising under this section shall be determined by the
342	342	governor and the decision of the governor shall be final.
343	343	(d) Whenever the 911 coordinating council, or words of like effect, is
344	344	referred to or designated by any statute, rule or regulation, contract or
345	345	other document, such reference or designation shall be deemed to apply to
346	346	state 911 board.
347	347	(e) All rules and regulations of the 911 coordinating council in
348	348	existence on July 1, 2025, shall continue to be effective and shall be
349	349	deemed to be duly adopted rules and regulations of the state 911 board
350	350	until amended, revoked or nullified pursuant to law.
351	351	(f) The provisions of this section shall take effect and be in force on
352	352	and after July 1, 2025.
353	353	New Sec. 4 (a) (1) Every provider shall submit contact information
354	354	for the provider to the state 911 board. Any provider that has not
355	355	previously provided wireless telecommunications service in this state shall
356	356	submit contact information for the provider to the board within three
357	357	months of first offering wireless telecommunications services in this state.
358	358	(2) A provider of wireless telecommunications service shall:
359	359	(A) Receive prior approval from each PSAP within the provider's
360	360	service area before directing emergency calls to such PSAP; and
361	361	(B) establish the unique emergency telephone number "911" across
362	362	the state.
363	363	(3) Nothing in this act shall be construed to limit the ability of a
364	364	provider from recovering directly from the provider's customers the costs
365	365	associated with designing, developing, deploying and maintaining 911
366	366	service and the cost of collection and administration of the fees imposed
367	367	by K.S.A. 12-5369, and amendments thereto, whether such costs are
368	368	itemized on the customer's bill as a surcharge or by any other lawful
369	369	method.
370	370	(b) (1) Each PSAP and county that contracts with another county for
371	371	the provision of 911 PSAP services shall file an annual report with the
372	372	state 911 board by March 1 of each year demonstrating how such PSAP or
373	373	county has spent the moneys earned from the 911 fees during the
374	374	preceding calendar year. The board shall designate the content and form of
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418	418	such report and may require additional associated documentation that shall
419	419	be included.
420	420	(2) If a PSAP or county that contracts with another county for the
421	421	provision of 911 PSAP services fails to file and finalize an annual report,
422	422	the board shall provide notice of such failure to the PSAP or county and
423	423	the governing body of such PSAP. If such PSAP or county fails to file or
424	424	finalize an annual report within 60 days of receiving such notice, the board
425	425	shall withhold 10% of each subsequent distribution of 911 fees to such
426	426	PSAP or county pursuant to K.S.A. 12-5374, and amendments thereto. The
427	427	board shall not discontinue such withholding until the PSAP or county
428	428	submits a report in compliance with this section.
429	429	(c) (1) If the state 911 board finds that the GIS data for a PSAP or
430	430	county that contracts with another county for the provision of 911 PSAP
431	431	services is inaccurate, the board shall give written notice to the governing
432	432	body that oversees the PSAP or county of such finding. If the board does
433	433	not receive an acceptable proposal for the PSAP or county to bring the GIS
434	434	data into compliance within 60 days following such notice, the board may
435	435	contract with a third party to review and update the GIS data.
436	436	(2) If the board finds that the GIS data for a PSAP or county that
437	437	contracts with another county for the provision of 911 PSAP services has
438	438	not been updated for one year or more, the board shall give written notice
439	439	to the governing body that oversees the PSAP or county of such finding.
440	440	Such PSAP or county may provide an attestation that the GIS data has
441	441	been reviewed and remains accurate. If the board receives such attestation
442	442	and has information that the data may not be accurate, the board shall
443	443	provide a written notice to the PSAP or county that describes the areas the
444	444	board believes to be inaccurate. The PSAP or county shall have 30 days
445	445	following receipt of such written notice to submit updated GIS data. If the
446	446	updated GIS data is not received prior to such deadline, the board may
447	447	contract with a third party to review and update the GIS data and may
448	448	assess any costs incurred in updating the GIS data upon the governing
449	449	body that oversees the PSAP.
450	450	(d) The provisions of this section shall take effect and be in force on
451	451	and after July 1, 2025.
452	452	New Sec. 5. (a) There is hereby created in the state treasury the state
453	453	911 operations fund. All moneys received pursuant to K.S.A. 12-5368, 12-
454	454	5372 and 12-5374, and amendments thereto, for purposes of such fund
455	455	shall be deposited into the state 911 operations fund. All expenditures from
456	456	the state 911 operations fund shall be made in accordance with
457	457	appropriation acts upon warrants of the director of accounts and reports
458	458	issued pursuant to vouchers approved by the chairperson of the state 911
459	459	board or the chairperson's designee.
460	460	(b) The state 911 operations fund shall be used only for the following
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504	504	purposes:
505	505	(1) Administrative and operational expenses of the state 911 board,
506	506	including salaries of persons employed by the board;
507	507	(2) payment and expenses incurred pursuant to contracts entered into
508	508	by the board for the performance of the powers, duties and functions of the
509	509	board;
510	510	(3) payment to state agencies or independent contractors for expenses
511	511	incurred in carrying out the powers, duties and functions of the board; and
512	512	(4) development, deployment, implementation and maintenance of
513	513	the statewide next generation 911 system.
514	514	(c) On or before the 10
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516	516	of each month, the director of accounts and
517	517	reports shall transfer from the state general fund to the state 911 operations
518	518	fund interest earnings based on:
519	519	(1) The average daily balance of moneys in the state 911 operations
520	520	fund for the preceding month; and
521	521	(2) the net earnings rate for the pooled money investment portfolio
522	522	for the preceding month.
523	523	(d) The state 911 operations fund shall be used for the purposes set
524	524	forth in this act and for no other governmental purposes. Moneys in the
525	525	state 911 operations fund shall not be subject to the provisions of K.S.A.
526	526	75-3722, 75-3725a and 75-3726a, and amendments thereto.
527	527	(e) On January 1, 2026:
528	528	(1) The LCPA shall remit to the state treasurer the balance of all
529	529	moneys in the 911 operations fund established pursuant to K.S.A. 12-5368,
530	530	and amendments thereto. Upon receipt of such remittance, the state
531	531	treasurer shall deposit the entire amount in the state treasury and credit
532	532	such amount to the state 911 operations fund.
533	533	(2) All liabilities of the 911 operations fund are hereby transferred to
534	534	and imposed on the state 911 operations fund.
535	535	(3) The 911 operations fund established by the LCPA pursuant to
536	536	K.S.A. 12-5368, and amendments thereto, is hereby abolished.
537	537	(f) The provisions of this section shall take effect and be in force on
538	538	and after January 1, 2026.
539	539	New Sec. 6. (a) There is hereby created in the state treasury the state
540	540	911 grant fund. All moneys received pursuant to K.S.A. 12-5368 and 12-
541	541	5374, and amendments thereto, for purposes of such fund shall be
542	542	deposited into the state 911 grant fund. All expenditures from the state 911
543	543	grant fund shall be made in accordance with appropriation acts upon
544	544	warrants of the director of accounts and reports issued pursuant to
545	545	vouchers approved by the chairperson of the state 911 board or the
546	546	chairperson's designee.
547	547	(b) The state 911 grant fund shall be used only for the following
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592	592	(1) Providing state grants for projects involving the development and
593	593	implementation of next generation 911 services;
594	594	(2) provide grants to PSAPs based on demonstrated need; and
595	595	(3) costs associated with PSAP consolidation or cost-sharing projects.
596	596	(c) On or before the 10
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598	598	of each month, the director of accounts and
599	599	reports shall transfer from the state general fund to the state 911 grant fund
600	600	interest earnings based on:
601	601	(1) The average daily balance of moneys in the state 911 grant fund
602	602	for the preceding month; and
603	603	(2) the net earnings rate for the pooled money investment portfolio
604	604	for the preceding month.
605	605	(d) The state 911 grant fund shall be used for the purposes set forth in
606	606	this act and for no other governmental purposes. Moneys in the state 911
607	607	grant fund shall not be subject to the provisions of K.S.A. 75-3722, 75-
608	608	3725a and 75-3726a, and amendments thereto.
609	609	(e) On January 1, 2026:
610	610	(1) The LCPA shall remit to the state treasurer the balance of all
611	611	moneys in the 911 state grant fund established pursuant to K.S.A. 12-5368,
612	612	and amendments thereto. Upon receipt of such remittance, the state
613	613	treasurer shall deposit the entire amount in the state treasury and credit
614	614	such amount to the state 911 grant fund.
615	615	(2) All liabilities of the 911 state grant fund are hereby transferred to
616	616	and imposed on the state 911 grant fund.
617	617	(3) The 911 state grant fund established by the LCPA pursuant to
618	618	K.S.A. 12-5368, and amendments thereto, is hereby abolished.
619	619	(f) The provisions of this section shall take effect and be in force on
620	620	and after January 1, 2026.
621	621	New Sec. 7. (a) There is hereby created in the state treasury the state
622	622	911 fund. All moneys received pursuant to K.S.A. 12-5368 and 12-5374,
623	623	and amendments thereto, for purposes of such fund shall be deposited into
624	624	the state 911 fund. All expenditures from the state 911 fund shall be made
625	625	in accordance with appropriation acts upon warrants of the director of
626	626	accounts and reports issued pursuant to vouchers approved by the
627	627	chairperson of the state 911 board or the chairperson's designee.
628	628	(b) The state 911 fund shall be used for direct distributions of moneys
629	629	pursuant to K.S.A. 12-5374, and amendments thereto.
630	630	(c) On or before the 10
631	631	th
632	632	of each month, the director of accounts and
633	633	reports shall transfer from the state general fund to the state 911 fund
634	634	interest earnings based on:
635	635	(1) The average daily balance of moneys in the state 911 fund for the
636	636	preceding month; and
637	637	(2) the net earnings rate for the pooled money investment portfolio
638	638	for the preceding month.
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681	681	43 HB 2690 9
682	682	(d) The state 911 fund shall be used for the purposes set forth in this
683	683	act and for no other governmental purposes. Moneys in the state 911 fund
684	684	shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-
685	685	3726a, and amendments thereto.
686	686	(e) On January 1, 2026:
687	687	(1) The LCPA shall remit to the state treasurer the balance of all
688	688	moneys in the 911 state fund established pursuant to K.S.A. 12-5368, and
689	689	amendments thereto. Upon receipt of such remittance, the state treasurer
690	690	shall deposit the entire amount in the state treasury and credit such amount
691	691	to the state 911 fund.
692	692	(2) All liabilities of the 911 state fund are hereby transferred to and
693	693	imposed on the state 911 fund.
694	694	(3) The 911 state fund established by the LCPA pursuant to K.S.A.
695	695	12-5368, and amendments thereto, is hereby abolished.
696	696	(f) The provisions of this section shall take effect and be in force on
697	697	and after January 1, 2026.
698	698	New Sec. 8. (a) On July 1, 2025, and on the first day of each calendar
699	699	month thereafter through January 1, 2026, the state 911 board shall require
700	700	the LCPA to provide a report that accounts for every transaction that has
701	701	occurred during the previous month in the 911 state fund, 911 state grant
702	702	fund and the 911 operations fund established outside the state treasury
703	703	pursuant to K.S.A. 12-5368, and amendments thereto. Such report shall
704	704	include line item amounts and details for every transaction, including
705	705	debits, credits, transfers, fees assessed, interest earned, change in
706	706	ownership, change in authorized signatories or any other event that may
707	707	have altered the structure or balance of the account. The LCPA shall
708	708	submit each monthly report to the secretary of administration and to the
709	709	director of legislative research. On or before January 12, 2026, the state
710	710	911 board shall prepare and submit to the legislature a report that
711	711	summarizes the transactions that impacted the account between July 1,
712	712	2025, and January 1, 2026, and shall confirm that the accounts have been
713	713	closed and all assets have been transferred to the state treasury in
714	714	accordance with the requirements of sections 5 through 7, and
715	715	amendments thereto.
716	716	(b) The provisions of this section shall take effect and be in force on
717	717	and after July 1, 2025.
718	718	New Sec. 9. (a) On and after July 1, 2024, the 911 coordinating
719	719	council may take any actions necessary to prepare for a seamless and
720	720	orderly transition of the powers, duties and functions of the 911
721	721	coordinating council to the state 911 board established pursuant to section
722	722	1, and amendments thereto. Such actions may include, but shall not be
723	723	limited to:
724	724	(1) Employing one or more individuals who the council deems
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767	767	43 HB 2690 10
768	768	necessary to assist with the transition, including the employment of an
769	769	individual who shall assume the role of executive director of the state 911
770	770	board upon the establishment of the board pursuant to this act; and
771	771	(2) preparing a budget that reflects the establishment of the state 911
772	772	board and the state 911 operations fund within the state treasury pursuant
773	773	to this act.
774	774	(b) Any persons employed pursuant to this section shall be in the
775	775	unclassified service and receive compensation fixed by the council.
776	776	(c) Any expenses incurred for the employment of individuals
777	777	pursuant to this section shall be considered administrative expenses of the
778	778	council pursuant to K.S.A. 12-5368, and amendments thereto, and the
779	779	council shall have authority to use any moneys held in or transferred to the
780	780	911 operations fund to provide for the employment and compensation
781	781	authorized pursuant to this section.
782	782	Sec. 10. On and after July 1, 2025, K.S.A. 12-5362 is hereby
783	783	amended to read as follows: 12-5362. K.S.A. 12-5362 through 12-5381,
784	784	and amendments thereto, and sections 1 through 9, and amendments
785	785	thereto, shall be known and may be cited as the Kansas 911 act.
786	786	Sec. 11. On and after July 1, 2025, K.S.A. 12-5363 is hereby
787	787	amended to read as follows: 12-5363. As used in the Kansas 911 act:
788	788	(a) "Board" means the state 911 board.
789	789	(b) ''Consumer'' means a person who purchases prepaid wireless
790	790	service in a retail transaction.
791	791	(b)(c) ''Department'' means the Kansas department of revenue.
792	792	(c)(d) ''Enhanced 911 service'' or "E-911 service" means an
793	793	emergency telephone service that generally may provide, but is not limited
794	794	to, selective routing, automatic number identification and automatic
795	795	location identification features.
796	796	(d)(e) ''Exchange telecommunications service'' means the service that
797	797	provides local telecommunications exchange access to a service user.
798	798	(e)(f) "GIS" means a geographic information system for capturing,
799	799	storing, displaying, analyzing and managing data and associated attributes
800	800	that are spatially referenced.
801	801	(f)(g) "GIS data" means the geometry and associated attributes
802	802	packaged in a geodatabase that defines the roads, address points and
803	803	boundaries within a PSAP's jurisdiction.
804	804	(g)(h) "Governing body" means the board of county commissioners
805	805	of a county or the governing body of a city.
806	806	(h)(i) "Local collection point administrator" or "LCPA" means the
807	807	person designated by the 911 coordinating council board to serve as the
808	808	local collection point administrator to collect and distribute 911 fees, 911
809	809	operations fund moneys and distribute 911 state grant fund moneys.
810	810	(i)(j) "Multi-line telephone system" means a system comprised of
811	811	1
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813	813	3
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826	826	16
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842	842	32
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847	847	37
848	848	38
849	849	39
850	850	40
851	851	41
852	852	42
853	853	43 HB 2690 11
854	854	common control units, telephones and control hardware and software
855	855	providing local telephone service to multiple end-use customers that may
856	856	include VoIP service and network and premises based systems such as
857	857	centrex, private branch exchange and hybrid key telephone systems.
858	858	(j)(k) ''Next generation 911'' means 911 service that conforms with
859	859	national emergency number association (NENA) i3 standards and enables
860	860	PSAPs to receive Enhanced 911 service calls and emergency calls from
861	861	Internet Protocol (IP) based technologies and applications that may include
862	862	text messaging, image, video and data information from callers.
863	863	(k)(l) "Non-traditional PSAP" means a PSAP not operated by a city
864	864	or county, including, but not limited to, PSAPs operated by universities,
865	865	tribal governments or the state or federal government.
866	866	(l)(m) ''Person'' means any individual, firm, partnership,
867	867	copartnership, joint venture, association, cooperative organization,
868	868	corporation, municipal or private, and whether organized for profit or not,
869	869	state, county, political subdivision, state department, commission, board,
870	870	bureau or fraternal organization, nonprofit organization, estate, trust,
871	871	business or common law trust, receiver, assignee for the benefit of
872	872	creditors, trustee or trustee in bankruptcy or any other legal entity.
873	873	(m)(n) ''Prepaid wireless service'' means a wireless
874	874	telecommunications service that allows a caller to dial 911 to access the
875	875	911 system, which service must be that is paid for in advance and is sold
876	876	in predetermined units or dollars of which the number declines with use in
877	877	a known amount.
878	878	(n)(o) ''Place of primary use'' has the meaning provided in the mobile
879	879	telecommunications act as defined by 4 U.S.C. § 116 et seq., as in effect
880	880	on the effective date of this act July 1, 2025.
881	881	(o)(p) ''Provider'' means any person providing exchange
882	882	telecommunications service, wireless telecommunications service, VoIP
883	883	service or other service capable of contacting a PSAP. A provider may also
884	884	be "Provider" includes a 911 system operator.
885	885	(p)(q) ''PSAP'' means a public safety answering point operated by a
886	886	city or county.
887	887	(q)(r) ''Retail transaction'' means the purchase of prepaid wireless
888	888	service from a seller for any purpose other than resale, not including the
889	889	use, storage or consumption of such services.
890	890	(r)(s) ''Seller'' means a person who sells prepaid wireless service to
891	891	another person.
892	892	(s)(t) ''Service user'' means any person who is provided exchange
893	893	telecommunications service, wireless telecommunications service, VoIP
894	894	service, prepaid wireless service or any other service capable of contacting
895	895	a PSAP.
896	896	(t)(u) ''Subscriber account'' means the 10-digit access number
897	897	1
898	898	2
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939	939	43 HB 2690 12
940	940	assigned to a service user by a provider for the purpose of billing a service
941	941	user up to the maximum capacity of the simultaneous outbound calling
942	942	capability of a multi-line telephone system or equivalent service.
943	943	(u)(v) ''Subscriber radio equipment'' means mobile and portable radio
944	944	equipment installed in vehicles or carried by persons for voice
945	945	communication with a radio system.
946	946	(v)(w) ''VoIP service'' means voice over internet protocol.
947	947	(w)(x) ''Wireless telecommunications service'' means commercial
948	948	mobile radio service as defined by 47 C.F.R. § 20.3 as in effect on the
949	949	effective date of this act July 1, 2025.
950	950	(x)(y) "911 call" means any electronic request for emergency
951	951	response, presented by means of wireline, wireless, VoIP or
952	952	telecommunications device for the deaf (TDD) technology, text message or
953	953	any other technology by which a service user initiates an immediate
954	954	information interchange or conversation with a PSAP.
955	955	(y)(z) "911 system operator" means any entity that accepts 911 calls
956	956	from providers, processes those calls and presents those calls to the
957	957	appropriate PSAP. A "911 system operator" may also be a provider.
958	958	Sec. 12. K.S.A. 12-5364 is hereby amended to read as follows: 12-
959	959	5364. (a) (1) There is hereby created the 911 coordinating council which
960	960	shall monitor the delivery of 911 services, develop strategies for future
961	961	enhancements to the 911 system and distribute available grant funds to
962	962	PSAPs and counties that contract with other counties for the provision of
963	963	911 PSAP services. In as much as possible, the council shall include
964	964	individuals with technical expertise regarding 911 systems, internet
965	965	technology and GIS technology.
966	966	(2) (A) The 911 coordinating council shall consist of 13 voting
967	967	members to be appointed by the governor:
968	968	(i) Two members representing information technology personnel
969	969	from government units;
970	970	(ii) one member representing the Kansas sheriff's association;
971	971	(iii) one member representing the Kansas association of chiefs of
972	972	police;
973	973	(iv) one member representing a fire chief;
974	974	(v) one member recommended by the adjutant general;
975	975	(vi) one member recommended by the Kansas emergency medical
976	976	services board;
977	977	(vii) one member recommended by the Kansas commission for the
978	978	deaf and hard of hearing;
979	979	(viii) two members representing PSAPs located in counties with less
980	980	than 75,000 in population;
981	981	(ix) two members representing PSAPs located in counties with
982	982	greater than 75,000 in population; and
983	983	1
984	984	2
985	985	3
986	986	4
987	987	5
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1025	1025	43 HB 2690 13
1026	1026	(x) one member representing the Kansas chapter of the association of
1027	1027	public safety communications officials.
1028	1028	(B) At least two of the members representing PSAPs shall be
1029	1029	administrators of a PSAP or have extensive prior 911 experience in
1030	1030	Kansas.
1031	1031	(3) Other voting members of the 911 coordinating council shall
1032	1032	include:
1033	1033	(A) One member of the Kansas house of representatives as appointed
1034	1034	by the speaker of the house;
1035	1035	(B) one member of the Kansas house of representatives as appointed
1036	1036	by the minority leader of the house;
1037	1037	(C) one member of the Kansas senate as appointed by the senate
1038	1038	president; and
1039	1039	(D) one member of the Kansas senate as appointed by the senate
1040	1040	minority leader.
1041	1041	(4) The 911 coordinating council shall also include nonvoting
1042	1042	members to be appointed by the governor:
1043	1043	(A) One member representing rural telecommunications companies
1044	1044	recommended by the Kansas rural independent telephone companies;
1045	1045	(B) one member representing incumbent local exchange carriers with
1046	1046	over 50,000 access lines;
1047	1047	(C) one member representing large wireless providers;
1048	1048	(D) one member representing VoIP providers;
1049	1049	(E) one member recommended by the league of Kansas
1050	1050	municipalities;
1051	1051	(F) one member recommended by the Kansas association of counties;
1052	1052	(G) one member recommended by the Kansas geographic
1053	1053	information systems policy board;
1054	1054	(H) one member recommended by the Kansas office of information
1055	1055	technology services;
1056	1056	(I) one member, a Kansas resident, recommended by the Mid-
1057	1057	America regional council; and
1058	1058	(J) two members representing non-traditional PSAPs, one of whom
1059	1059	shall be a representative of tribal government.
1060	1060	(b) (1) Except as provided in subsection (b)(2) and (b)(3), the terms
1061	1061	of office for Voting members of the 911 coordinating council shall
1062	1062	commence on the effective date of this act and shall be subject to
1063	1063	reappointment every serve for a term of three years. No voting member
1064	1064	shall serve longer than two successive three-year terms. A voting member
1065	1065	appointed as a replacement for another voting member may finish the term
1066	1066	of the predecessor and may serve two additional successive three-year
1067	1067	terms.
1068	1068	(2) The following members, whose terms began on the effective date
1069	1069	1
1070	1070	2
1071	1071	3
1072	1072	4
1073	1073	5
1074	1074	6
1075	1075	7
1076	1076	8
1077	1077	9
1078	1078	10
1079	1079	11
1080	1080	12
1081	1081	13
1082	1082	14
1083	1083	15
1084	1084	16
1085	1085	17
1086	1086	18
1087	1087	19
1088	1088	20
1089	1089	21
1090	1090	22
1091	1091	23
1092	1092	24
1093	1093	25
1094	1094	26
1095	1095	27
1096	1096	28
1097	1097	29
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1099	1099	31
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1111	1111	43 HB 2690 14
1112	1112	of this act, shall serve initial terms as follows:
1113	1113	(A) One member representing information technology personnel from
1114	1114	government units, one member recommended by the adjutant general, one
1115	1115	member representing PSAPs located in counties with less than 75,000 in
1116	1116	population and one member representing PSAPs located in counties with
1117	1117	75,000 or more in population shall serve a term of two years;
1118	1118	(B) one member representing information technology personnel from
1119	1119	government units, one member recommended by the Kansas emergency
1120	1120	medical services board, one member representing PSAPs located in
1121	1121	counties with less than 75,000 in population and one member representing
1122	1122	PSAPs without regard to size shall serve a term of three years; and
1123	1123	(C) one member representing a fire chief, one member recommended
1124	1124	by the Kansas commission for the deaf and hard of hearing, one member
1125	1125	representing the Kansas association of chiefs of police and one member
1126	1126	representing PSAPs located in counties with 75,000 or more in population
1127	1127	shall serve a term of four years.
1128	1128	(3) The initial term for one member representing the Kansas sheriff's
1129	1129	association shall begin on July 1, 2014, and be for a period of three years.
1130	1130	(4) The terms of members specified in this subsection shall expire on
1131	1131	June 30 in the last year of such member's term.
1132	1132	(c) (1) The governor shall select the chair of the 911 coordinating
1133	1133	council, who shall serve at the pleasure of the governor and have extensive
1134	1134	prior 911 experience in Kansas.
1135	1135	(2) The chair shall serve as the coordinator of E-911 services and next
1136	1136	generation 911 services in the state, implement statewide 911 planning,
1137	1137	have the authority to sign all certifications required under 47 C.F.R. part
1138	1138	400 and administer the 911 federal grant fund and 911 state maintenance
1139	1139	fund. The chair shall serve subject to the direction of the council and
1140	1140	ensure that policies adopted by the council are carried out. The chair shall
1141	1141	serve as the liaison between the council and the LCPA. The chair shall
1142	1142	preside over all meetings of the council and assist the council in
1143	1143	effectuating the provisions of this act.
1144	1144	(d) The 911 coordinating council, by an affirmative vote of nine
1145	1145	voting members, shall select the local collection point administrator,
1146	1146	pursuant to K.S.A. 12-5367, and amendments thereto, to collect 911 fees
1147	1147	and to distribute such fees to PSAPs and counties that contract with other
1148	1148	counties for the provision of 911 PSAP services and to distribute 911
1149	1149	operations fund moneys and 911 state grant fund moneys as directed by
1150	1150	the council. The council shall adopt rules and regulations for the terms of
1151	1151	the contract with the LCPA. All contract terms and conditions shall satisfy
1152	1152	all contract requirements as established by the secretary of administration.
1153	1153	The council shall determine the compensation of the LCPA who shall
1154	1154	provide the council with any staffing necessary in carrying out the
1155	1155	1
1156	1156	2
1157	1157	3
1158	1158	4
1159	1159	5
1160	1160	6
1161	1161	7
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1179	1179	25
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1181	1181	27
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1183	1183	29
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1185	1185	31
1186	1186	32
1187	1187	33
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1194	1194	40
1195	1195	41
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1197	1197	43 HB 2690 15
1198	1198	business of the council or effectuating the provisions of this act. The
1199	1199	moneys used to reimburse these expenses shall be paid from the 911
1200	1200	operations fund, pursuant to subsection (j).
1201	1201	(e) (1) The 911 coordinating council is hereby authorized to adopt
1202	1202	rules and regulations necessary to effectuate the provisions of this act,
1203	1203	including, but not limited to: (A) Creating a uniform reporting form
1204	1204	designating how moneys, including 911 fees, have been spent by the
1205	1205	PSAPs and counties that contract with other counties for the provision of
1206	1206	911 PSAP services; (B) requiring service providers to notify the council
1207	1207	pursuant to subsection (k); (C) establishing standards for coordinating and
1208	1208	purchasing equipment; (D) recommending standards for general operations
1209	1209	training of PSAP personnel; (E) establishing training standards and
1210	1210	programs related to the technology and operations of the NG911 hosted
1211	1211	solution; (F) establishing data standards, maintenance policies and data
1212	1212	reporting requirements for GIS data; and (G) assessing civil penalties
1213	1213	pursuant to subsection (m).
1214	1214	(2) The chair of the council shall work with the council to adopt rules
1215	1215	and regulations necessary for the administration of this act, but the council
1216	1216	shall not adopt any rules and regulations or impose any requirements that
1217	1217	creates a mandatory certification program of PSAP operations or PSAP
1218	1218	emergency communications personnel.
1219	1219	(f) If the 911 coordinating council finds that the GIS data for a PSAP
1220	1220	or county that contracts with another county for the provision of 911 PSAP
1221	1221	services is inaccurate or has not been updated for one year or more, the
1222	1222	council shall give written notice to the governing body that oversees the
1223	1223	PSAP or county. If, within 60 days of providing such notice, the council
1224	1224	does not receive an acceptable proposal for the PSAP or county to bring
1225	1225	the GIS data into compliance, the council may contract with a third party
1226	1226	to review and update the GIS data. A PSAP or county with GIS data that
1227	1227	has not been updated for one year or more may provide a certification
1228	1228	attesting that the GIS data has been reviewed and remains accurate. If the
1229	1229	council receives such certification and has information that the data may
1230	1230	not be accurate, the council shall provide a written notice to the PSAP or
1231	1231	county that describes the areas the council believes to be inaccurate and a
1232	1232	deadline of 30 days for the PSAP or county to submit updated GIS data. If
1233	1233	the updated GIS data is not received within the deadline, the council may
1234	1234	contract with a third party to review and update the GIS data. The council
1235	1235	shall assess the governing body that oversees the PSAP or county for any
1236	1236	costs incurred in updating the GIS data.
1237	1237	(g) The council may, pursuant to rules and regulations, lower the 911
1238	1238	fee established pursuant to K.S.A. 12-5369, and amendments thereto, upon
1239	1239	a finding based on information submitted on the uniform reporting forms,
1240	1240	that moneys generated by such fee are in excess of the costs required to
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1284	1284	operate PSAPs in the state.
1285	1285	(h) The council may appoint subcommittees as necessary to
1286	1286	administer grants, oversee collection and distribution of moneys by the
1287	1287	LCPA, develop technology standards, develop training recommendations
1288	1288	and other issues as deemed necessary by the council. Subcommittees, if
1289	1289	appointed, shall include members of the council and other persons as
1290	1290	needed.
1291	1291	(i) The council may reimburse independent contractors or state
1292	1292	agencies for expenses incurred in carrying out the business of the council,
1293	1293	including salaries, that are directly attributable to effectuating the
1294	1294	provisions of this act. The moneys used to reimburse these expenses shall
1295	1295	be paid from the 911 operations fund, pursuant to subsection (j).
1296	1296	(j) All expenses related to the council shall be paid from the 911
1297	1297	operations fund. No more than 2.0% of the total receipts from providers
1298	1298	and the department received by the LCPA shall be used to pay for
1299	1299	administrative expenses of the council. Members of the council and other
1300	1300	persons appointed to subcommittees by the council may receive
1301	1301	reimbursement for meals and travel expenses, but shall serve without other
1302	1302	compensation with the exception of legislative members who shall receive
1303	1303	compensation pursuant to K.S.A. 75-3212, and amendments thereto.
1304	1304	(k) Every provider shall submit contact information for the provider
1305	1305	to the council. Any provider that has not previously provided wireless
1306	1306	telecommunications service in this state shall submit contact information
1307	1307	for the provider to the council within three months of first offering
1308	1308	wireless telecommunications services in this state.
1309	1309	(l) (l) Each PSAP and county that contracts with another county for
1310	1310	the provision of 911 PSAP services shall file an annual report with the
1311	1311	council by March 1 of each year demonstrating how such PSAP or county
1312	1312	has spent the moneys earned from the 911 fee during the preceding
1313	1313	calendar year. The council shall designate the content and form of such
1314	1314	report and any associated documentation that is required to finalize such
1315	1315	report.
1316	1316	(2) If a PSAP or county that contracts with another county for the
1317	1317	provision of 911 PSAP services fails to file and finalize an annual report,
1318	1318	the council shall provide notice of such failure to the PSAP or county and
1319	1319	the governing body of such PSAP or county. If such PSAP or county fails
1320	1320	to file or finalize an annual report within 60 days of receiving such notice,
1321	1321	10% of each subsequent distribution of 911 fees to such PSAP or county
1322	1322	pursuant to K.S.A. 12-5373, and amendments thereto, shall be withheld by
1323	1323	the LCPA and only distributed to such PSAP or county once the report has
1324	1324	been submitted.
1325	1325	(m) The council, upon a finding that a provider has violated any
1326	1326	provision of this act, may impose a civil penalty. No civil penalty shall be
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1370	1370	imposed pursuant to this section except upon the written order of the
1371	1371	council. Such order shall state the violation, the penalty to be imposed and
1372	1372	the right of such person to appeal to a hearing before the council. Any such
1373	1373	person may, within 15 days after service of the order, make a written
1374	1374	request to the council for a hearing thereon. Hearings under this subsection
1375	1375	shall be conducted in accordance with the provisions of the Kansas
1376	1376	administrative procedure act.
1377	1377	(n) Any action of the council pursuant to subsection (m) is subject to
1378	1378	review in accordance with the Kansas judicial review act.
1379	1379	(o) Any civil penalty recovered pursuant to this section shall be
1380	1380	transferred to the LCPA for deposit in the 911 state grant fund.
1381	1381	(p) The 911 coordinating council shall make an annual report, to
1382	1382	include a detailed description of all expenditures made from 911 fees
1383	1383	received by the PSAPs and counties that contract with other counties for
1384	1384	the provision of 911 PSAP services, to the house committee on energy,
1385	1385	utilities and telecommunications and the senate committee on utilities.
1386	1386	Sec. 13. On and after July 1, 2025, K.S.A. 12-5365 is hereby
1387	1387	amended to read as follows: 12-5365. (a) There is hereby established in the
1388	1388	state treasury the 911 federal grant fund. All moneys received by the state
1389	1389	from the federal government for the purposes provided in this section shall
1390	1390	be remitted to the state treasurer in accordance with the provisions of
1391	1391	K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
1392	1392	remittance, the state treasurer shall deposit the entire amount in the state
1393	1393	treasury to the credit of the 911 federal grant fund.
1394	1394	(b) The chair of the 911 coordinating council shall serve as the
1395	1395	administrator of the 911 federal grant fund and shall distribute grants in
1396	1396	accordance with the recommendations of the 911 coordinating council.
1397	1397	Subject to the conditions and in accordance with the requirements of this
1398	1398	act and 47 C.F.R. part 400, as in effect on July 1, 2025, the chair
1399	1399	chairperson of the board is authorized to perform such acts necessary for
1400	1400	the effectuation of this act.
1401	1401	(c) Moneys received by the state from the federal government for the
1402	1402	purposes of the fund shall be credited to the fund.
1403	1403	(d)(1) Subject to the conditions and in accordance with the
1404	1404	requirements of this act the Kansas 911 act and 47 C.F.R. part 400, as in
1405	1405	effect on July 1, 2025, moneys credited to the fund shall be used only:
1406	1406	(1)(A) To pay all expenses incurred in the administration of the fund;
1407	1407	and
1408	1408	(2)(B) to provide grants to eligible municipalities only for necessary
1409	1409	and reasonable costs incurred or to be incurred by PSAPs for:
1410	1410	(A)(i) Implementation of enhanced 911 service and next generation
1411	1411	911 service, as defined in K.S.A. 12-5363, and amendments thereto;
1412	1412	(B)(ii) purchase of equipment and upgrades and modification to
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1456	1456	equipment used solely to process the data elements of enhanced 911
1457	1457	service and next generation 911 service, as defined in K.S.A. 12-5363, and
1458	1458	amendments thereto; and
1459	1459	(C)(iii) maintenance and license fees for such equipment and training
1460	1460	of personnel to operate such equipment, including costs of training PSAP
1461	1461	personnel to provide effective service to all users of the emergency
1462	1462	telephone system who have communications disabilities.
1463	1463	(2) Such costs shall not include expenditures to lease, construct,
1464	1464	expand, acquire, remodel, renovate, repair, furnish or make improvements
1465	1465	to buildings or similar facilities or for other capital outlay or equipment
1466	1466	not expressly authorized by this act.
1467	1467	(e)(d) All payments and disbursements from the fund shall be made
1468	1468	in accordance with appropriation acts upon warrants of the director of
1469	1469	accounts and reports issued pursuant to vouchers approved by the chair or
1470	1470	by a person or persons designated by the chair chairperson of the board or
1471	1471	the chairperson's designee.
1472	1472	Sec. 14. On and after July 1, 2025, K.S.A. 12-5366 is hereby
1473	1473	amended to read as follows: 12-5366. (a) There is hereby established in the
1474	1474	state treasury the 911 state maintenance fund. All moneys received
1475	1475	pursuant to this section shall be remitted to the state treasurer in
1476	1476	accordance with the provisions of K.S.A. 75-4215, and amendments
1477	1477	thereto. Upon receipt of each such remittance, the state treasurer shall
1478	1478	deposit the entire amount in the state treasury to the credit of the 911 state
1479	1479	maintenance fund.
1480	1480	(b) The chair of the 911 coordinating council shall serve as the
1481	1481	administrator of the 911 state maintenance fund and shall distribute grants
1482	1482	in accordance with the recommendations of the 911 coordinating council.
1483	1483	Subject to the conditions and in accordance with the requirements of this
1484	1484	act and 47 C.F.R. part 400, the chair is authorized to perform such acts
1485	1485	necessary for the effectuation of this act.
1486	1486	(c) Moneys from the following sources shall be credited to the fund:
1487	1487	(1) Amounts appropriated or otherwise made available by the
1488	1488	legislature for the purposes of the fund;
1489	1489	(2) interest attributable to investment of moneys in the fund; and
1490	1490	(3) amounts received from any public or private entity for the
1491	1491	purposes of the fund.
1492	1492	(d)(c) (1) Moneys credited to the fund shall be used only:
1493	1493	(1)(A) To pay all expenses incurred in the administration of the fund;
1494	1494	and
1495	1495	(2)(B) development, deployment, implementation and maintenance of
1496	1496	the statewide next generation 911 system; and
1497	1497	(C) to provide grants to eligible municipalities only for necessary and
1498	1498	reasonable costs incurred or to be incurred by PSAPs for:
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1542	1542	(A)(i) Implementation of enhanced 911 service and next generation
1543	1543	911 service, as defined in K.S.A. 12-5363, and amendments thereto;
1544	1544	(B)(ii) purchase of equipment and upgrades and modification to
1545	1545	equipment used solely to process the data elements of enhanced 911
1546	1546	service and next generation 911 service, as defined in K.S.A. 12-5363, and
1547	1547	amendments thereto; and
1548	1548	(C)(iii) maintenance and license fees for such equipment and training
1549	1549	of personnel to operate such equipment, including costs of training PSAP
1550	1550	personnel to provide effective service to all users of the emergency
1551	1551	telephone system who have communications disabilities.
1552	1552	(2) Such costs shall not include expenditures to lease, construct,
1553	1553	expand, acquire, remodel, renovate, repair, furnish or make improvements
1554	1554	to buildings or similar facilities or for other capital outlay or equipment
1555	1555	not expressly authorized by this act.
1556	1556	(e) On or before the 10
1557	1557	th
1558	1558	of each month, the director of accounts and
1559	1559	reports shall transfer from the state general fund to the 911 state
1560	1560	maintenance fund interest earnings based on:
1561	1561	(1) The average daily balance of moneys in the 911 state maintenance
1562	1562	fund for the preceding month; and
1563	1563	(2) the net earnings rate of the pooled money investment portfolio for
1564	1564	the preceding month.
1565	1565	(f) All payments and disbursements from the fund shall be made in
1566	1566	accordance with appropriation acts upon warrants of the director of
1567	1567	accounts and reports issued pursuant to vouchers approved by the chair or
1568	1568	by a person or persons designated by the chair chairperson of the board or
1569	1569	the chairperson's designee.
1570	1570	Sec. 15. On and after July 1, 2025, K.S.A. 12-5367 is hereby
1571	1571	amended to read as follows: 12-5367. (a) The 911 coordinating council
1572	1572	state 911 board, by an affirmative vote of nine voting members, shall
1573	1573	select the local collection point administrator. In selecting the LCPA, the
1574	1574	council board shall contract with the LCPA for services for no longer than
1575	1575	two years, however, the council board may, by an affirmative vote of nine
1576	1576	voting members, extend such contract for up to two additional years. The
1577	1577	911 coordinating council board shall receive the approval of the legislative
1578	1578	coordinating council in selecting an LCPA if the entity to be designated as
1579	1579	the LCPA is different than the previous entity designated as the LCPA. The
1580	1580	911 coordinating council board shall annually review the designation of
1581	1581	the LCPA and the contract with the LCPA for services.
1582	1582	(b) Any contract made between the 911 coordinating council and an
1583	1583	LCPA that is in existence on January 1, 2025, shall continue to be valid,
1584	1584	effective and enforceable until extended, revised, revoked or terminated by
1585	1585	the board.
1586	1586	(c) The LCPA shall be subject to the requirements of the Kansas open
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1630	1630	meetings act and, except as provided in K.S.A. 12-5374, and amendments
1631	1631	thereto, the Kansas open records act and. The LCPA shall treat all moneys
1632	1632	received by the LCPA as public funds pursuant to article 14 of chapter 9 of
1633	1633	the Kansas Statutes Annotated, and amendments thereto. Notwithstanding
1634	1634	any other provision of law to the contrary, the LCPA shall not be
1635	1635	considered a state agency.
1636	1636	Sec. 16. K.S.A. 12-5368 is hereby amended to read as follows: 12-
1637	1637	5368. (a) Upon the approval of the 911 coordinating council, the LCPA
1638	1638	shall establish the following funds, which shall not be a part of the state
1639	1639	treasury: (1) The 911 state fund for the collection and distribution of 911
1640	1640	fees; (2) the 911 operations fund for administrative costs of the 911
1641	1641	coordinating council and deployment and maintenance of the statewide
1642	1642	NG911 system; and (3) the 911 state grant fund for grants to individual
1643	1643	PSAPs. All moneys originating from 911 fees, and any interest accrued on
1644	1644	such fees, shall be paid to the LCPA for deposit in the 911 state fund or
1645	1645	911 operations fund pursuant to subsection (b). All unobligated federal
1646	1646	moneys, and any interest accrued on such moneys, shall be transferred to
1647	1647	the 911 federal grant fund.
1648	1648	(b) (1) Except as provided for in paragraph (2), prior to the
1649	1649	distribution to the PSAPs of moneys pursuant to K.S.A. 12-5374, and
1650	1650	amendments thereto, the LCPA shall withhold $.23 from every 911 fee
1651	1651	remitted pursuant to K.S.A. 12-5369, and amendments thereto, and shall
1652	1652	deposit such amount in the 911 operations fund for the deployment and
1653	1653	maintenance of the statewide NG911 system and standardized
1654	1654	functionality upgrades to that system.
1655	1655	(2) If the funds moneys withheld from distribution pursuant to
1656	1656	paragraph (1) exceed 15% of the total receipts received by the LCPA from
1657	1657	providers and the department over the prior three years, such funds
1658	1658	moneys in excess of that 15% total shall be deposited in the 911 state grant
1659	1659	fund and used for PSAP grants based on demonstrated need pursuant to
1660	1660	subsection (d).
1661	1661	(3) If the balance in the 911 state grant fund is less than $2,000,000,
1662	1662	prior to the distribution to the PSAPs pursuant to K.S.A. 12-5374, and
1663	1663	amendments thereto, the LCPA shall withhold $.01 from every 911 fee
1664	1664	remitted pursuant to K.S.A. 12-5369, and amendments thereto, and shall
1665	1665	deposit such amount in the 911 state grant fund. If the balance in the 911
1666	1666	state grant fund exceeds $2,000,000, the LCPA shall not withhold such
1667	1667	amount.
1668	1668	(c) The council shall be responsible for ensuring that the 911
1669	1669	operations fund and the 911 state grant fund and any interest earned on
1670	1670	money credited to the fund is only expended for the following purposes:
1671	1671	(1) Projects involving the development and implementation of next
1672	1672	generation 911 services; (2) costs associated with PSAP consolidation or
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1716	1716	cost-sharing projects; (3) expenses related to the 911 coordinating council;
1717	1717	(4) costs of audits conducted pursuant to K.S.A. 12-5377, and amendments
1718	1718	thereto; and (5) other costs pursuant to K.S.A. 12-5375, and amendments
1719	1719	thereto.
1720	1720	(d) The council shall develop criteria for PSAPs for eligible
1721	1721	purchases and for grant applicants and make the final determination as to
1722	1722	the distribution of grant funds. Such criteria shall promote the procurement
1723	1723	of equipment that meets open architecture and national technical
1724	1724	standards. Distribution of Grant funds moneys shall not include
1725	1725	expenditures be used to procure, maintain or upgrade subscriber radio
1726	1726	equipment.
1727	1727	(e) The LCPA shall be authorized to maintain an action to collect any
1728	1728	funds moneys owed by any providers provider in the district court in the
1729	1729	county of the registered office of such provider or, if such provider does
1730	1730	not have a registered office in the state, such an action may be maintained
1731	1731	in the county where such provider's principal office is located. If such
1732	1732	provider has no principal office in the state, such an action may be
1733	1733	maintained in the district court of any county in which where such
1734	1734	provider provides service.
1735	1735	Sec. 17. On and after July 1, 2025, K.S.A. 12-5368, as amended by
1736	1736	section 16 of this act, is hereby amended to read as follows: 12-5368. (a)
1737	1737	Upon the approval of the 911 coordinating council state 911 board, the
1738	1738	LCPA shall establish the following funds, which shall not be a part of the
1739	1739	state treasury: (1) The 911 state fund for the collection and distribution of
1740	1740	911 fees; (2) the 911 operations fund for administrative costs of the 911
1741	1741	coordinating council state 911 board and deployment and maintenance of
1742	1742	the statewide NG911 system; and (3) the 911 state grant fund for grants to
1743	1743	individual PSAPs. All moneys originating from 911 fees, and any interest
1744	1744	accrued on such fees, shall be paid to the LCPA for deposit in the 911 state
1745	1745	fund or 911 operations fund pursuant to subsection (b). All unobligated
1746	1746	federal moneys, and any interest accrued on such moneys, shall be
1747	1747	transferred to the 911 federal grant fund.
1748	1748	(b) (1) Except as provided for in paragraph (2), prior to the
1749	1749	distribution of moneys pursuant to K.S.A. 12-5374, and amendments
1750	1750	thereto, the LCPA shall withhold $.23 from every 911 fee remitted
1751	1751	pursuant to K.S.A. 12-5369, and amendments thereto, and shall deposit
1752	1752	such amount in the 911 operations fund for the deployment and
1753	1753	maintenance of the statewide NG911 system and standardized
1754	1754	functionality upgrades to that system.
1755	1755	(2) If the moneys withheld from distribution pursuant to paragraph
1756	1756	(1) exceed 15% of the total receipts received by the LCPA from providers
1757	1757	and the department over the prior three years, such moneys in excess of
1758	1758	that 15% total shall be deposited in the 911 state grant fund and used for
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1802	1802	PSAP grants based on demonstrated need pursuant to subsection (d).
1803	1803	(3) If the balance in the 911 state grant fund is less than $2,000,000,
1804	1804	prior to the distribution pursuant to K.S.A. 12-5374, and amendments
1805	1805	thereto, the LCPA shall withhold $.01 from every 911 fee remitted
1806	1806	pursuant to K.S.A. 12-5369, and amendments thereto, and shall deposit
1807	1807	such amount in the 911 state grant fund. If the balance in the 911 state
1808	1808	grant fund exceeds $2,000,000, the LCPA shall not withhold such amount.
1809	1809	(c) The council state 911 board shall be responsible for ensuring that
1810	1810	the 911 operations fund and the 911 state grant fund and any interest
1811	1811	earned on money credited to the fund is only expended for the following
1812	1812	purposes: (1) Projects involving the development and implementation of
1813	1813	next generation 911 services; (2) costs associated with PSAP consolidation
1814	1814	or cost-sharing projects; (3) expenses related to the 911 coordinating
1815	1815	council; (4) costs of audits conducted pursuant to K.S.A. 12-5377, and
1816	1816	amendments thereto; and (5) (4) other costs pursuant to K.S.A. 12-5375,
1817	1817	and amendments thereto.
1818	1818	(d) The council state 911 board shall develop criteria for eligible
1819	1819	purchases and for grant applicants and make the final determination as to
1820	1820	the distribution of grant funds. Such criteria shall promote the procurement
1821	1821	of equipment that meets open architecture and national technical
1822	1822	standards. Grant moneys shall not be used to procure, maintain or upgrade
1823	1823	subscriber radio equipment.
1824	1824	(e) The state 911 board or the LCPA shall be authorized to maintain
1825	1825	an action to collect any moneys owed by any provider in the district court
1826	1826	in the county of the registered office of such provider or, if such provider
1827	1827	does not have a registered office in the state, such an action may be
1828	1828	maintained in the county where such provider's principal office is located.
1829	1829	If such provider has no principal office in the state, such an action may be
1830	1830	maintained in the district court of any county where such provider
1831	1831	provides service.
1832	1832	Sec. 18. On and after January 1, 2026, K.S.A. 12-5368, as amended
1833	1833	by section 17 of this act, is hereby amended to read as follows: 12-5368.
1834	1834	(a) Upon the approval of the state 911 board, the LCPA shall establish the
1835	1835	following funds, which shall not be a part of the state treasury: (1) The 911
1836	1836	state fund for the collection and distribution of 911 fees; (2) the 911
1837	1837	operations fund for administrative costs of the state 911 board and
1838	1838	deployment and maintenance of the statewide NG911 system; and (3) the
1839	1839	911 state grant fund for grants to individual PSAPs. All moneys
1840	1840	originating from 911 fees, and any interest accrued on such fees, shall be
1841	1841	paid to the LCPA for deposit in the 911 state fund or 911 operations fund
1842	1842	pursuant to subsection (b). All unobligated federal moneys, and any
1843	1843	interest accrued on such moneys, shall be transferred to the 911 federal
1844	1844	grant fund.
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1888	1888	(b) (1) Except as provided for in paragraph (2), prior to the
1889	1889	distribution of moneys pursuant to K.S.A. 12-5374, and amendments
1890	1890	thereto, the LCPA shall withhold $.23 from every 911 fee remitted
1891	1891	pursuant to K.S.A. 12-5369, and amendments thereto, and shall deposit
1892	1892	such amount in the 911 operations fund for the deployment and
1893	1893	maintenance of the statewide NG911 system and standardized
1894	1894	functionality upgrades to that system remit such moneys to the state
1895	1895	treasurer in accordance with the provisions of K.S.A. 75-4215, and
1896	1896	amendments thereto. Upon receipt of each such remittance, the state
1897	1897	treasurer shall deposit the entire amount in the state treasury and credit
1898	1898	such amount to the state 911 operations fund established pursuant to
1899	1899	section 5, and amendments thereto.
1900	1900	(2) If the moneys withheld from distribution pursuant to paragraph
1901	1901	(1) exceed 15% of the total receipts received by the LCPA from providers
1902	1902	and the department over the prior three years, such moneys in excess of
1903	1903	that 15% total shall be deposited in the 911 state grant fund and used for
1904	1904	PSAP grants based on demonstrated need pursuant to subsection (d)
1905	1905	remitted to the state treasurer in accordance with the provisions of K.S.A.
1906	1906	75-4215, and amendments thereto. Upon receipt of each such remittance,
1907	1907	the state treasurer shall deposit the entire amount in the state treasury and
1908	1908	credit such amount to the state 911 grant fund established pursuant to
1909	1909	section 6, and amendments thereto.
1910	1910	(3) If the balance in the state 911 state grant fund is less than
1911	1911	$2,000,000, prior to the distribution pursuant to K.S.A. 12-5374, and
1912	1912	amendments thereto, the LCPA shall withhold $.01 from every 911 fee
1913	1913	remitted pursuant to K.S.A. 12-5369, and amendments thereto, and shall
1914	1914	deposit such amount in the 911 state grant fund. If the balance in the 911
1915	1915	state grant fund exceeds $2,000,000, the LCPA shall not withhold such
1916	1916	amount remit such moneys to the state treasurer in accordance with the
1917	1917	provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of
1918	1918	each such remittance, the state treasurer shall deposit the entire amount in
1919	1919	the state treasury and credit such amount to the state 911 grant fund
1920	1920	established pursuant to section 6, and amendments thereto.
1921	1921	(c)(b) The state 911 board shall be responsible for ensuring that the
1922	1922	911 operations fund and the 911 state grant fund and any interest earned on
1923	1923	money credited to the fund is only expended for the following purposes:
1924	1924	(1) Projects involving the development and implementation of next
1925	1925	generation 911 services; (2) costs associated with PSAP consolidation or
1926	1926	cost-sharing projects; (3) expenses related to the 911 coordinating council;
1927	1927	and (4) other costs pursuant to K.S.A. 12-5375, and amendments thereto
1928	1928	moneys collected from 911 fees and prepaid wireless 911 fees are only
1929	1929	expended for purposes authorized pursuant to the Kansas 911 act.
1930	1930	(d)(c) The state 911 board shall develop criteria for eligible purchases
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1974	1974	and for grant applicants and make the final determination as to the
1975	1975	distribution of grant funds. Such criteria shall promote the procurement of
1976	1976	equipment that meets open architecture and national technical standards.
1977	1977	Grant moneys shall not be used to procure, maintain or upgrade subscriber
1978	1978	radio equipment.
1979	1979	(e)(d) The state 911 board or the LCPA shall be authorized to
1980	1980	maintain an action to collect any moneys owed by any provider in the
1981	1981	district court in the county of the registered office of such provider or, if
1982	1982	such provider does not have a registered office in the state, such an action
1983	1983	may be maintained in the county where such provider's principal office is
1984	1984	located. If such provider has no principal office in the state, such an action
1985	1985	may be maintained in the district court of any county where such provider
1986	1986	provides service.
1987	1987	Sec. 19. On and after July 1, 2025, K.S.A. 12-5369 is hereby
1988	1988	amended to read as follows: 12-5369. Subject to the provisions of K.S.A.
1989	1989	12-5364(g), and amendments thereto(a) Except as provided in subsection
1990	1990	(b), there is hereby imposed a 911 fee in the amount of $.90 per month per
1991	1991	subscriber account of any exchange telecommunications service, wireless
1992	1992	telecommunications service, VoIP service, or other service capable of
1993	1993	contacting a PSAP. Such fee shall not be imposed on prepaid wireless
1994	1994	service. It shall be the duty of each exchange telecommunications service
1995	1995	provider, wireless telecommunications service provider, VoIP service
1996	1996	provider or other service provider to remit such fees to the LCPA as
1997	1997	provided in K.S.A. 12-5370, and amendments thereto.
1998	1998	(b) The state 911 board may, pursuant to rules and regulations, lower
1999	1999	the 911 fee established pursuant to subsection (a) upon a finding that the
2000	2000	moneys generated by such 911 fee exceed the costs required to operate
2001	2001	PSAPs in the state.
2002	2002	Sec. 20. On and after July 1, 2025, K.S.A. 12-5370 is hereby
2003	2003	amended to read as follows: 12-5370. (a) Every billed service user shall be
2004	2004	liable for the 911 fee until such fees have been paid to the exchange
2005	2005	telecommunications service provider, wireless telecommunications service
2006	2006	provider, VoIP service provider or other service provider.
2007	2007	(b) All providers shall have the duty to collect the fees 911 fee
2008	2008	imposed pursuant to this act K.S.A. 12-5369, and amendments thereto.
2009	2009	Such fees 911 fee shall be added to and may be stated separately in billings
2010	2010	for the subscriber account. If stated separately in billings, the fees shall be
2011	2011	labeled ''911 fees.''
2012	2012	(c) The provider shall have no obligation to take any legal action to
2013	2013	enforce the collection of the fees imposed by this act 911 fee. The provider
2014	2014	shall provide annually to the LCPA a list of the amount of uncollected 911
2015	2015	fees along with the names and addresses of those service users which that
2016	2016	carry a balance that can be determined by the provider to be nonpayment
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2059	2059	43 HB 2690 25
2060	2060	of such fees.
2061	2061	(d) The fees imposed by this act 911 fee shall be collected insofar as
2062	2062	practicable at the same time as, and along with, the charges for local
2063	2063	exchange, wireless, VoIP, or other service in accordance with regular
2064	2064	billing practice of the provider.
2065	2065	(e) The 911 fees and the amounts required to be collected therefor are
2066	2066	due monthly. Each provider shall remit the amount of such all 911 fees
2067	2067	collected in one each calendar month by the provider shall be remitted to
2068	2068	the LCPA not more than 15 days after the close of the such calendar
2069	2069	month. On or before the 15
2070	2070	th
2071	2071	day of each calendar month following, Upon
2072	2072	each such remittance, the provider shall file a return for the preceding
2073	2073	month shall be filed with the LCPA. Such return shall be provided in such
2074	2074	form and shall contain such information manner as required by the LCPA
2075	2075	board. The provider required to file the return shall deliver the return
2076	2076	together with a remittance of the amount of fees payable to the LCPA. The
2077	2077	provider shall maintain records of the amount of any such fees collected in
2078	2078	accordance with this act for a period of three years from the time the fees
2079	2079	are collected.
2080	2080	(f) The provisions of this section shall not be construed to apply to
2081	2081	the prepaid wireless service 911 fee.
2082	2082	Sec. 21. On and after July 1, 2025, K.S.A. 12-5371 is hereby
2083	2083	amended to read as follows: 12-5371. (a) There is hereby imposed a
2084	2084	prepaid wireless 911 fee of 2.06% per retail transaction or, on and after the
2085	2085	effective date of an adjusted amount per retail transaction that is
2086	2086	established under subsection (f), such adjusted amount.
2087	2087	(b) The prepaid wireless 911 fee shall be collected by the seller from
2088	2088	the consumer with respect to each retail transaction occurring in this state.
2089	2089	The amount of the prepaid wireless 911 fee shall be either separately stated
2090	2090	on an invoice, receipt or other similar document that is provided to the
2091	2091	consumer by the seller, or otherwise disclosed to the consumer.
2092	2092	(c) For purposes of subsection (b), a retail transaction that is effected
2093	2093	in person by a consumer in a business location of the seller shall be treated
2094	2094	as occurring in this state if that business location is in this state, and any
2095	2095	other retail transaction shall be treated as occurring in this state if the retail
2096	2096	transaction is treated as occurring in this state for the purposes of K.S.A.
2097	2097	79-3673(c)(3), and amendments thereto.
2098	2098	(d) The prepaid wireless 911 fee is the liability of the consumer and
2099	2099	not of the seller nor of any provider, except that the seller shall be liable to
2100	2100	remit all prepaid wireless 911 fees that the seller collects from consumers
2101	2101	pursuant to this section, and amendments thereto, including all such fees
2102	2102	that the seller is deemed to collect where when the amount of the charge
2103	2103	has not been separately stated in an invoice, receipt or other similar
2104	2104	document provided to the consumer by the seller.
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2147	2147	43 HB 2690 26
2148	2148	(e) The amount of the prepaid wireless 911 fee that is collected by a
2149	2149	seller from a consumer, if such amount is separately stated on an invoice,
2150	2150	receipt or other similar document provided to the consumer by the seller,
2151	2151	shall not be included in the base for measuring any tax, fee, surcharge or
2152	2152	other charge that is imposed by this state, any political subdivision of this
2153	2153	state or any intergovernmental agency.
2154	2154	(f) The prepaid wireless 911 fee shall be proportionately reduced
2155	2155	upon any reduction to the fee imposed by K.S.A. 12-5369(a), and
2156	2156	amendments thereto, pursuant to the 911 coordinating council's board's
2157	2157	authority to reduce the 911 fee under K.S.A. 12-5364(g) 12-5369(b), and
2158	2158	amendments thereto. The adjusted amount shall be the product of dividing
2159	2159	the numeric amount of the new 911 fee adjusted pursuant to K.S.A. 12-
2160	2160	5364(g) 12-5369(b), and amendments thereto, by 50. Such reduction shall
2161	2161	be effective on the effective date of the reduction of the 911 fee imposed
2162	2162	by K.S.A. 12-5369(a), and amendments thereto, or, if later, the first day of
2163	2163	the calendar quarter to occur at least 60 days after the enactment of the
2164	2164	reduction of the 911 fee imposed by K.S.A. 12-5369(a), and amendments
2165	2165	thereto. The department shall provide not less than 60 days' notice of such
2166	2166	decrease on the department's website.
2167	2167	(g) When prepaid wireless service is sold with one or more other
2168	2168	products or services for a single, non-itemized price, then the percentage
2169	2169	specified in subsection (a) shall apply to the entire non-itemized price
2170	2170	unless the seller elects to apply such percentage to: (1) If the amount of the
2171	2171	prepaid wireless service is disclosed to the consumer as a dollar amount,
2172	2172	such dollar amount; or (2) if the seller can identify the portion of the price
2173	2173	that is attributable to the prepaid wireless service by reasonable and
2174	2174	verifiable standards from its books and records that are kept in the regular
2175	2175	course of business for other purposes, including, but not limited to, non-
2176	2176	tax purposes, such portion.
2177	2177	Sec. 22. On and after January 1, 2026, K.S.A. 12-5372 is hereby
2178	2178	amended to read as follows: 12-5372. (a) Prepaid wireless 911 fees
2179	2179	collected by sellers shall be remitted to the department by electronic filing
2180	2180	that is consistent with the provisions of article 36 of chapter 79 of the
2181	2181	Kansas Statutes Annotated, and amendments thereto. The department shall
2182	2182	establish registration and payment procedures for the collection of the
2183	2183	prepaid wireless 911 fee.
2184	2184	(b) To minimize additional costs to the department, the department
2185	2185	may conduct audits of sellers in conjunction with sales and use tax audits.
2186	2186	The department is authorized to provide the board and LCPA with
2187	2187	information obtained in such audits if such information indicates that a
2188	2188	seller may not be complying with the provisions of this section and K.S.A.
2189	2189	12-5371, and amendments thereto. The board or LCPA may request the
2190	2190	department to initiate collection or audit procedures on individual sellers if
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2233	2233	43 HB 2690 27
2234	2234	collection efforts by the board or LCPA are unsuccessful.
2235	2235	(c) The department shall establish procedures by which a seller may
2236	2236	document that a sale is not a retail sale, which procedures shall
2237	2237	substantially coincide with procedures for documenting sale for resale
2238	2238	transactions for article 36 of chapter 79 of the Kansas Statutes Annotated,
2239	2239	and amendments thereto.
2240	2240	(d) (1) The department shall transfer all remitted prepaid wireless 911
2241	2241	fees to the LCPA within 30 days of receipt for distribution as provided in
2242	2242	K.S.A. 12-5374, and amendments thereto Except as provided in
2243	2243	paragraph (2), the department shall remit all moneys collected from the
2244	2244	prepaid wireless 911 fees to the state treasurer in accordance with K.S.A.
2245	2245	75-4215, and amendments thereto. Upon receipt of each such remittance,
2246	2246	the state treasurer shall deposit the entire amount in the state treasury and
2247	2247	credit such amount to the state 911 operations fund established pursuant
2248	2248	to section 5, and amendments thereto.
2249	2249	(2) If the department remits $3,000,000 to the state treasurer
2250	2250	pursuant to paragraph (1) in any given year, then all remaining moneys
2251	2251	collected from the prepaid wireless 911 fee shall be remitted to the state
2252	2252	treasurer in accordance with K.S.A. 75-4215, and amendments thereto.
2253	2253	Upon receipt of each such remittance, the state treasurer shall deposit the
2254	2254	entire amount in the state treasury and credit such amount to the state 911
2255	2255	fund established pursuant to section 7, and amendments thereto. Such
2256	2256	moneys shall be distributed to the counties in an amount proportional to
2257	2257	each county's population as a percentage share of the population of the
2258	2258	state. For each PSAP within a county, such moneys shall be distributed to
2259	2259	each PSAP in an amount proportional to the PSAP's population as a
2260	2260	percentage share of the population of the county. If there is no PSAP
2261	2261	within a county, then such moneys shall be distributed to the PSAP
2262	2262	providing service to such county. Moneys distributed pursuant to this
2263	2263	paragraph shall only be used for the uses authorized in K.S.A. 12-5375,
2264	2264	and amendments thereto.
2265	2265	Sec. 23. K.S.A. 12-5374 is hereby amended to read as follows: 12-
2266	2266	5374. (a) (1) Except for the amounts withheld by the LCPA pursuant to
2267	2267	K.S.A. 12-5368(b), and amendments thereto, and any amounts withheld
2268	2268	pursuant to K.S.A. 12-5364(l), and amendments thereto, not later than 30
2269	2269	days after the receipt of moneys 911 fees from providers pursuant to
2270	2270	K.S.A. 12-5370 and 12-5371, and amendments thereto, and prepaid
2271	2271	wireless 911 fees from the department pursuant to K.S.A. 12-5372, and
2272	2272	amendments thereto, the LCPA shall distribute such moneys to the PSAPs
2273	2273	or to counties that contract with other counties for the provision of 911
2274	2274	PSAP services pursuant to this section. The amount of money distributed
2275	2275	to the PSAPs in each county, or to any county that contracts with another
2276	2276	county for the provision of 911 PSAP services, shall be based upon the
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2320	2320	amount of 911 fees collected from service users located in that county,
2321	2321	based on place of primary use information provided by the providers, by
2322	2322	using the following distribution method:
2323	2323	Population of county Percentage of collected
2324	2324	where PSAP is located 911 fees to distribute
2325	2325	Over 80,000......................................................................................................................... 82%
2326	2326	65,000 to 79,999.................................................................................................................. 85%
2327	2327	55,000 to 64,999.................................................................................................................. 88%
2328	2328	45,000 to 54,999.................................................................................................................. 91%
2329	2329	35,000 to 44,999.................................................................................................................. 94%
2330	2330	25,000 to 34,999.................................................................................................................. 97%
2331	2331	Less than 25,000................................................................................................................ 100%
2332	2332	(2) There shall be a minimum county distribution of $60,000 $70,000
2333	2333	and no county shall receive less than $60,000 $70,000 of direct
2334	2334	distribution moneys. If there is more than one PSAP in a county then the
2335	2335	direct distribution allocated to that county by population shall be deducted
2336	2336	from the minimum county distribution and the difference shall be
2337	2337	proportionately divided between the PSAPs in the county. All moneys
2338	2338	remaining after distribution, moneys withheld pursuant to K.S.A. 12-
2339	2339	5368(b)(1), and amendments thereto, and any moneys that cannot be
2340	2340	attributed to a specific PSAP or county shall be transferred to the 911
2341	2341	operations fund.
2342	2342	(b) All fees remitted to the LCPA shall be deposited in the 911 state
2343	2343	fund and for the purposes of this act be treated as if they are public funds,
2344	2344	pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and
2345	2345	amendments thereto.
2346	2346	(c) All moneys in the 911 state fund that have been collected from the
2347	2347	prepaid wireless 911 fee shall be deposited in the 911 operations fund
2348	2348	unless $3 million of such moneys have been deposited in any given year
2349	2349	then all remaining moneys shall be distributed to the counties in an amount
2350	2350	proportional to each county's population as a percentage share of the
2351	2351	population of the state. For each PSAP within If there is more than one
2352	2352	PSAP in a county, such moneys shall be distributed to each PSAP in an
2353	2353	amount proportional to the PSAP's population as a percentage share of the
2354	2354	population of the county. If there is no PSAP within a county, then such
2355	2355	moneys shall be distributed to the PSAP providing service to such county.
2356	2356	Such Moneys distributed to counties and PSAPs pursuant to this section
2357	2357	only shall be used for the uses authorized in K.S.A. 12-5375, and
2358	2358	amendments thereto.
2359	2359	(d) The LCPA shall keep accurate accounts of all receipts and
2360	2360	disbursements of moneys from the 911 fees.
2361	2361	(e) InformationRecords provided by providers any provider to the
2362	2362	local collection point administrator LCPA or to the 911 coordinating
2363	2363	council pursuant to this act will shall be treated as proprietary records that
2364	2364	will and shall be withheld from the public upon request of the party
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2410	2410	provider submitting such records.
2411	2411	Sec. 24. On and after July 1, 2025, K.S.A. 12-5374, as amended by
2412	2412	section 23 of this act, is hereby amended to read as follows: 12-5374. (a)
2413	2413	(1) Except for the amounts withheld by the LCPA pursuant to K.S.A. 12-
2414	2414	5368(b), and amendments thereto, and any amounts withheld pursuant to
2415	2415	K.S.A. 12-5364(l) section 4, and amendments thereto, not later than 30
2416	2416	days after the receipt of 911 fees from providers pursuant to K.S.A. 12-
2417	2417	5370, and amendments thereto, and prepaid wireless 911 fees from the
2418	2418	department pursuant to K.S.A. 12-5372, and amendments thereto, the
2419	2419	LCPA shall distribute such moneys to the PSAPs or to counties that
2420	2420	contract with other counties for the provision of 911 PSAP services
2421	2421	pursuant to this section. The amount of money distributed to the PSAPs in
2422	2422	each county, or to any county that contracts with another county for the
2423	2423	provision of 911 PSAP services, shall be based upon the amount of 911
2424	2424	fees collected from service users located in that county, based on place of
2425	2425	primary use information provided by the providers, by using the following
2426	2426	distribution method:
2427	2427	Population of county Percentage of collected
2428	2428	911 fees to distribute
2429	2429	Over 80,000......................................................................................................................... 82%
2430	2430	65,000 to 79,999.................................................................................................................. 85%
2431	2431	55,000 to 64,999.................................................................................................................. 88%
2432	2432	45,000 to 54,999.................................................................................................................. 91%
2433	2433	35,000 to 44,999.................................................................................................................. 94%
2434	2434	25,000 to 34,999.................................................................................................................. 97%
2435	2435	Less than 25,000................................................................................................................ 100%
2436	2436	(2) There shall be a minimum county distribution of $70,000 and no
2437	2437	county shall receive less than $70,000 of direct distribution moneys. If
2438	2438	there is more than one PSAP in a county then the direct distribution
2439	2439	allocated to that county by population shall be deducted from the
2440	2440	minimum county distribution and the difference shall be proportionately
2441	2441	divided between the PSAPs in the county. All moneys remaining after
2442	2442	distribution, moneys withheld pursuant to K.S.A. 12-5368(b)(1), and
2443	2443	amendments thereto, and any moneys that cannot be attributed to a
2444	2444	specific PSAP or county shall be transferred to the 911 operations fund.
2445	2445	(b) All fees remitted to the LCPA shall be deposited in the 911 state
2446	2446	fund and for the purposes of this act be treated as if they are public funds,
2447	2447	pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and
2448	2448	amendments thereto.
2449	2449	(c) All moneys in the 911 state fund that have been collected from the
2450	2450	prepaid wireless 911 fee shall be deposited in the 911 operations fund
2451	2451	unless $3 million of such moneys have been deposited in any given year
2452	2452	then all remaining moneys shall be distributed to the counties in an amount
2453	2453	proportional to each county's population as a percentage share of the
2454	2454	population of the state. If there is more than one PSAP in a county, such
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2499	2499	45 HB 2690 30
2500	2500	moneys shall be distributed to each PSAP in an amount proportional to the
2501	2501	PSAP's population as a percentage share of the population of the county. If
2502	2502	there is no PSAP within a county, then such moneys shall be distributed to
2503	2503	the county. Moneys distributed to counties and PSAPs pursuant to this
2504	2504	section only shall be used for the uses authorized in K.S.A. 12-5375, and
2505	2505	amendments thereto.
2506	2506	(d) The LCPA shall keep accurate accounts of all receipts and
2507	2507	disbursements of moneys from the 911 fees.
2508	2508	(e) Records provided by any provider to the LCPA or to the 911
2509	2509	coordinating council state 911 board pursuant to this act shall be treated as
2510	2510	proprietary records and shall be withheld from the public upon request of
2511	2511	the provider submitting such records.
2512	2512	Sec. 25. On and after January 1, 2026, K.S.A. 12-5374, as amended
2513	2513	by section 24 of this act, is hereby amended to read as follows: 12-5374.
2514	2514	(a) (1) Except for the amounts withheld by the LCPA pursuant to K.S.A.
2515	2515	12-5368(b) 12-5368, and amendments thereto, and any amounts withheld
2516	2516	pursuant to section 4, and amendments thereto, not later than 30 days after
2517	2517	the receipt of 911 fees from providers pursuant to K.S.A. 12-5370, and
2518	2518	amendments thereto, and prepaid wireless 911 fees from the department
2519	2519	pursuant to K.S.A. 12-5372, and amendments thereto, the LCPA state 911
2520	2520	board shall distribute such moneys to the PSAPs or to counties that
2521	2521	contract with other counties for the provision of 911 PSAP services
2522	2522	pursuant to this section. The amount of money distributed to the PSAPs in
2523	2523	each county, or to any county that contracts with another county for the
2524	2524	provision of 911 PSAP services, shall be based upon the amount of 911
2525	2525	fees collected from service users located in that county, based on place of
2526	2526	primary use information provided by the providers, by using the following
2527	2527	distribution method:
2528	2528	Population of county Percentage of collected
2529	2529	911 fees to distribute
2530	2530	Over 80,000......................................................................................................................... 82%
2531	2531	65,000 to 79,999.................................................................................................................. 85%
2532	2532	55,000 to 64,999.................................................................................................................. 88%
2533	2533	45,000 to 54,999.................................................................................................................. 91%
2534	2534	35,000 to 44,999.................................................................................................................. 94%
2535	2535	25,000 to 34,999.................................................................................................................. 97%
2536	2536	Less than 25,000................................................................................................................ 100%
2537	2537	(2) There shall be a minimum county distribution of $70,000 and no
2538	2538	county shall receive less than $70,000 of direct distribution moneys. If
2539	2539	there is more than one PSAP in a county then the direct distribution
2540	2540	allocated to that county by population shall be deducted from the
2541	2541	minimum county distribution and the difference shall be proportionately
2542	2542	divided between the PSAPs in the county. All moneys remaining after
2543	2543	distribution, moneys withheld pursuant to K.S.A. 12-5368(b)(1), and
2544	2544	amendments thereto, and any moneys that cannot be attributed to a
2545	2545	1
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2590	2590	specific PSAP or county shall be transferred to the 911 operations fund.
2591	2591	(b) All fees remitted to the LCPA shall be deposited in the 911 state
2592	2592	fund and for the purposes of this act be treated as if they are public funds,
2593	2593	pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and
2594	2594	amendments thereto.
2595	2595	(c) All moneys in the 911 state fund that have been collected from the
2596	2596	prepaid wireless 911 fee shall be deposited in the 911 operations fund
2597	2597	unless $3 million of such moneys have been deposited in any given year
2598	2598	then all remaining moneys shall be distributed to the counties in an amount
2599	2599	proportional to each county's population as a percentage share of the
2600	2600	population of the state. If there is more than one PSAP in a county, such
2601	2601	moneys shall be distributed to each PSAP in an amount proportional to the
2602	2602	PSAP's population as a percentage share of the population of the county. If
2603	2603	there is no PSAP within a county, then such moneys shall be distributed to
2604	2604	the county. Moneys distributed to counties and PSAPs pursuant to this
2605	2605	section only shall be used for the uses authorized in K.S.A. 12-5375, and
2606	2606	amendments thereto.
2607	2607	(d) The state 911 board and the LCPA shall keep accurate accounts of
2608	2608	all receipts and disbursements of moneys from the 911 fees.
2609	2609	(e)(c) Records provided by any provider to the LCPA or to the state
2610	2610	911 board pursuant to this act shall be treated as proprietary records and
2611	2611	shall be withheld from the public upon request of the provider submitting
2612	2612	such records.
2613	2613	Sec. 26. K.S.A. 12-5375 is hereby amended to read as follows: 12-
2614	2614	5375. (a) (1) The proceeds of the 911 fees imposed pursuant to this act
2615	2615	moneys distributed to counties and PSAPs pursuant to K.S.A. 12-5374,
2616	2616	and amendments thereto, and any interest earned on revenue derived from
2617	2617	such fee moneys, shall be used only for necessary and reasonable costs
2618	2618	incurred or to be incurred by counties and PSAPs for:
2619	2619	(1)(A) Implementation of 911 services;
2620	2620	(2)(B) purchase of 911 equipment and upgrades;
2621	2621	(3)(C) maintenance and license fees for 911 equipment;
2622	2622	(4)(D) training of personnel, not to include salaries;
2623	2623	(5)(E) monthly recurring charges billed by service suppliers;
2624	2624	(6)(F) installation, service establishment and nonrecurring start-up
2625	2625	charges billed by the service supplier;
2626	2626	(7)(G) charges for capital improvements and equipment or other
2627	2627	physical enhancements to the 911 system; or
2628	2628	(8)(H) the original acquisition and installation of road signs designed
2629	2629	to aid in the delivery of emergency service.
2630	2630	(2) Such costs shall not include expenditures to lease, construct,
2631	2631	expand, acquire, remodel, renovate, repair, furnish or make improvements
2632	2632	to buildings or similar facilities. Such costs shall also not include
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2675	2675	43 HB 2690 32
2676	2676	expenditures to purchase, procure, maintain or upgrade subscriber radio
2677	2677	equipment.
2678	2678	(3) A county may contract with another county for the provision of
2679	2679	911 PSAP services provided that the moneys distributed to such county
2680	2680	pursuant to K.S.A. 12-5374, and amendments thereto, shall only be used
2681	2681	as authorized by this section.
2682	2682	(b) The 911 coordinating council shall, pursuant to rules and
2683	2683	regulations, establish a process for a PSAP or county that contracts with
2684	2684	another county for the provision of 911 PSAP services, at the discretion of
2685	2685	the PSAP, to seek pre-approval of an expenditure. The council shall
2686	2686	respond in writing to any pre-approval request within 30 days and inform
2687	2687	the PSAP if stating whether the requested expenditure is approved or
2688	2688	disapproved. If the expenditure is disapproved, the written notification
2689	2689	shall state the reason for the disapproval and such PSAP or county may,
2690	2690	within 15 days after service of the notification, make a written request to
2691	2691	the council to appeal the council's decision and for a hearing to be
2692	2692	conducted in accordance with the provisions of the Kansas administrative
2693	2693	procedure act.
2694	2694	(c) The 911 coordinating council shall annually review expenditures
2695	2695	of 911 funds moneys reported on the annual report for each PSAP or
2696	2696	county that contracts with another county for the provision of 911 PSAP
2697	2697	services and shall appoint a committee to review such expenditures. If the
2698	2698	committee determines that a reported expenditure was not authorized by
2699	2699	this act, the committee shall request that the expenditure be refunded by
2700	2700	the PSAP or county to the PSAP's or county's 911 account. If a PSAP or
2701	2701	county does not concur with the finding of the committee, the PSAP or
2702	2702	county may request a review of the decision of the committee before the
2703	2703	911 coordinating council. If the 911 coordinating council, based upon
2704	2704	information obtained from an audit of the PSAPs, determines that any
2705	2705	PSAP or county has used any 911 fees for any purpose other than those
2706	2706	authorized in this act, the governing body for such PSAP or county shall
2707	2707	repay all such moneys used for any unauthorized purposes to the 911 fee
2708	2708	fund of such PSAP or county. Upon a finding that the expenditure was
2709	2709	made intentionally from the 911 fee fund of such PSAP for a purpose
2710	2710	clearly established as an unauthorized expenditure, the 911 coordinating
2711	2711	council may require such PSAP or county to pay the lesser of $500 or
2712	2712	10%, of such misused moneys, to the LCPA for deposit in the 911 state
2713	2713	grant fund. No such repayment of 911 fees shall be imposed pursuant to
2714	2714	this section except upon the written order of the council. Such order shall
2715	2715	state the unauthorized purposes for which the funds were used, the amount
2716	2716	of funds to be repayed repaid and the right of such PSAP or county to
2717	2717	appeal to a hearing before the Kansas office of administrative hearings.
2718	2718	Any such PSAP or county may, within 15 days after service of the order,
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2761	2761	43 HB 2690 33
2762	2762	make a written request to the council for a hearing thereon. Hearings under
2763	2763	this subsection shall be conducted in accordance with the provisions of the
2764	2764	Kansas administrative procedure act.
2765	2765	(d) Any final action of the council pursuant to subsection (b) or (c) is
2766	2766	subject to review in accordance with the Kansas judicial review act.
2767	2767	Sec. 27. On and after July 1, 2025, K.S.A. 12-5375, as amended by
2768	2768	section 26 of this act, is hereby amended to read as follows: 12-5375. (a)
2769	2769	(1) The moneys distributed to counties and PSAPs pursuant to K.S.A. 12-
2770	2770	5374, and amendments thereto, and any interest earned on revenue derived
2771	2771	from such moneys, shall be used only for necessary and reasonable costs
2772	2772	incurred or to be incurred by counties and PSAPs for:
2773	2773	(A) Implementation of 911 services;
2774	2774	(B) purchase of 911 equipment and upgrades;
2775	2775	(C) maintenance and license fees for 911 equipment;
2776	2776	(D) training of personnel, not to include salaries;
2777	2777	(E) monthly recurring charges billed by service suppliers;
2778	2778	(F) installation, service establishment and nonrecurring start-up
2779	2779	charges billed by the service supplier;
2780	2780	(G) charges for capital improvements and equipment or other
2781	2781	physical enhancements to the 911 system; or
2782	2782	(H) the original acquisition and installation of road signs designed to
2783	2783	aid in the delivery of emergency service.
2784	2784	(2) Such costs shall not include expenditures to lease, construct,
2785	2785	expand, acquire, remodel, renovate, repair, furnish or make improvements
2786	2786	to buildings or similar facilities. Such costs shall also not include
2787	2787	expenditures to purchase, procure, maintain or upgrade subscriber radio
2788	2788	equipment.
2789	2789	(3) A county may contract with another county for the provision of
2790	2790	911 PSAP services provided that the moneys distributed to such county
2791	2791	pursuant to K.S.A. 12-5374, and amendments thereto, shall only be used
2792	2792	for the uses authorized pursuant to this section.
2793	2793	(b) The 911 coordinating council state 911 board shall, pursuant to
2794	2794	rules and regulations, establish a process for a PSAP or county that
2795	2795	contracts with another county for the provision of 911 PSAP services, to
2796	2796	seek pre-approval of an expenditure. The council state 911 board shall
2797	2797	respond in writing to any pre-approval request within 30 days and inform
2798	2798	the PSAP stating whether the requested expenditure is approved or
2799	2799	disapproved. If the expenditure is disapproved, the written notification
2800	2800	shall state the reason for the disapproval and such PSAP or county may,
2801	2801	within 15 days after service of the notification, make a written request to
2802	2802	the council state 911 board to appeal the council's board's decision and for
2803	2803	a hearing to be conducted in accordance with the provisions of the Kansas
2804	2804	administrative procedure act.
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2848	2848	(c) The 911 coordinating council state 911 board shall annually
2849	2849	review expenditures of 911 moneys reported on the annual report for each
2850	2850	PSAP or county that contracts with another county for the provision of 911
2851	2851	PSAP services and shall appoint a committee to review such expenditures.
2852	2852	If the committee determines that a reported expenditure was not authorized
2853	2853	by this act, the committee shall request that the expenditure be refunded by
2854	2854	the PSAP or county to the PSAP's or county's 911 account. If a PSAP or
2855	2855	county does not concur with the finding of the committee, the PSAP or
2856	2856	county may request a review of the decision of the committee before the
2857	2857	911 coordinating council state 911 board. If the 911 coordinating council
2858	2858	state 911 board, based upon information obtained from an audit,
2859	2859	determines that any PSAP or county has used any 911 fees for any purpose
2860	2860	other than those authorized in this act, the governing body for such PSAP
2861	2861	or county shall repay all such moneys used for any unauthorized purposes
2862	2862	to the 911 fee fund of such PSAP or county. Upon a finding that the
2863	2863	expenditure was made intentionally for a purpose clearly established as an
2864	2864	unauthorized expenditure, the 911 coordinating council state 911 board
2865	2865	may require such PSAP or county to pay the lesser of $500 or 10%, of
2866	2866	such misused moneys, to the LCPA for deposit in the 911 state grant fund.
2867	2867	No such repayment of 911 fees shall be imposed pursuant to this section
2868	2868	except upon the written order of the council state 911 board. Such order
2869	2869	shall state the unauthorized purposes for which the funds were used, the
2870	2870	amount of funds to be repaid and the right of such PSAP or county to
2871	2871	appeal to a hearing before the Kansas office of administrative hearings.
2872	2872	Any such PSAP or county may, within 15 days after service of the order,
2873	2873	make a written request to the council state 911 board for a hearing thereon.
2874	2874	Hearings under this subsection shall be conducted in accordance with the
2875	2875	provisions of the Kansas administrative procedure act.
2876	2876	(d) Any final action of the council state 911 board pursuant to
2877	2877	subsection (b) or (c) is subject to review in accordance with the Kansas
2878	2878	judicial review act.
2879	2879	Sec. 28. On and after January 1, 2026, K.S.A. 12-5375, as amended
2880	2880	by section 27 of this act, is hereby amended to read as follows: 12-5375.
2881	2881	(a) (1) The moneys distributed to counties and PSAPs pursuant to K.S.A.
2882	2882	12-5374, and amendments thereto, and any interest earned on revenue
2883	2883	derived from such moneys, shall be used only for necessary and
2884	2884	reasonable costs incurred or to be incurred by counties and PSAPs for:
2885	2885	(A) Implementation of 911 services;
2886	2886	(B) purchase of 911 equipment and upgrades;
2887	2887	(C) maintenance and license fees for 911 equipment;
2888	2888	(D) training of personnel, not to include salaries;
2889	2889	(E) monthly recurring charges billed by service suppliers;
2890	2890	(F) installation, service establishment and nonrecurring start-up
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2934	2934	charges billed by the service supplier;
2935	2935	(G) charges for capital improvements and equipment or other
2936	2936	physical enhancements to the 911 system; or
2937	2937	(H) the original acquisition and installation of road signs designed to
2938	2938	aid in the delivery of emergency service.
2939	2939	(2) Such costs shall not include expenditures to lease, construct,
2940	2940	expand, acquire, remodel, renovate, repair, furnish or make improvements
2941	2941	to buildings or similar facilities. Such costs shall also not include
2942	2942	expenditures to purchase, procure, maintain or upgrade subscriber radio
2943	2943	equipment.
2944	2944	(3) A county may contract with another county for the provision of
2945	2945	911 PSAP services provided that the moneys distributed to such county
2946	2946	pursuant to K.S.A. 12-5374, and amendments thereto, shall only be used
2947	2947	for the uses authorized pursuant to this section.
2948	2948	(b) The state 911 board shall, pursuant to rules and regulations,
2949	2949	establish a process for a PSAP or county that contracts with another county
2950	2950	for the provision of 911 PSAP services, to seek pre-approval of an
2951	2951	expenditure. The state 911 board shall respond in writing to any pre-
2952	2952	approval request within 30 days and inform the PSAP stating whether the
2953	2953	requested expenditure is approved or disapproved. If the expenditure is
2954	2954	disapproved, the written notification shall state the reason for the
2955	2955	disapproval and such PSAP or county may, within 15 days after service of
2956	2956	the notification, make a written request to the state 911 board to appeal the
2957	2957	board's decision and for a hearing to be conducted in accordance with the
2958	2958	provisions of the Kansas administrative procedure act.
2959	2959	(c) The state 911 board shall annually review expenditures of 911
2960	2960	moneys reported on the annual report for each PSAP or county that
2961	2961	contracts with another county for the provision of 911 PSAP services and
2962	2962	shall appoint a committee to review such expenditures. If the committee
2963	2963	determines that a reported expenditure was not authorized by this act, the
2964	2964	committee shall request that the expenditure be refunded by the PSAP or
2965	2965	county to the PSAP's or county's 911 account. If a PSAP or county does
2966	2966	not concur with the finding of the committee, the PSAP or county may
2967	2967	request a review of the decision of the committee before the state 911
2968	2968	board. If the state 911 board, based upon information obtained from an
2969	2969	audit, determines that any PSAP or county has used any 911 fees for any
2970	2970	purpose other than those authorized in this act, the governing body for
2971	2971	such PSAP or county shall repay all such moneys used for any
2972	2972	unauthorized purposes to the 911 fee fund of such PSAP or county. Upon a
2973	2973	finding that the expenditure was made intentionally for a purpose clearly
2974	2974	established as an unauthorized expenditure, the state 911 board may
2975	2975	require such PSAP or county to pay the lesser of $500 or 10%, of such
2976	2976	misused moneys, to the LCPA for deposit in the 911 state grant fund.
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3019	3019	43 HB 2690 36
3020	3020	Upon receipt of any moneys paid pursuant to this subsection, the LCPA
3021	3021	shall remit such moneys to the state treasurer in accordance with K.S.A.
3022	3022	75-4215, and amendments thereto. Upon receipt of each such remittance,
3023	3023	the state treasurer shall deposit the entire amount in the state treasury and
3024	3024	credit such amount to the state 911 grant fund established pursuant to
3025	3025	section 6, and amendments thereto. No such repayment of 911 fees shall
3026	3026	be imposed pursuant to this section except upon the written order of the
3027	3027	state 911 board. Such order shall state the unauthorized purposes for which
3028	3028	the funds were used, the amount of funds to be repaid and the right of such
3029	3029	PSAP or county to appeal to a hearing before the Kansas office of
3030	3030	administrative hearings. Any such PSAP or county may, within 15 days
3031	3031	after service of the order, make a written request to the state 911 board for
3032	3032	a hearing thereon. Hearings under this subsection shall be conducted in
3033	3033	accordance with the provisions of the Kansas administrative procedure act.
3034	3034	(d) Any final action of the state 911 board pursuant to subsection (b)
3035	3035	or (c) is subject to review in accordance with the Kansas judicial review
3036	3036	act.
3037	3037	Sec. 29. On and after July 1, 2025, K.S.A. 12-5377 is hereby
3038	3038	amended to read as follows: 12-5377. (a) The receipts and disbursements
3039	3039	of the LCPA shall be audited yearly by a licensed municipal accountant or
3040	3040	certified public accountant.
3041	3041	(b) The LCPA state 911 board may require an audit of any provider's
3042	3042	books and records concerning the collection and remittance of fees
3043	3043	pursuant to this act. The cost of any such audit shall be paid from the 911
3044	3044	operations fund.
3045	3045	(c) (1) On or before December 31, 2018, and at least once every five
3046	3046	years thereafter, the division of post audit shall conduct an audit of the 911
3047	3047	system to determine: (A) Whether the moneys received by PSAPs pursuant
3048	3048	to this act are being used appropriately; (B) whether the amount of moneys
3049	3049	collected pursuant to this act is adequate; and (C) the status of 911 service
3050	3050	implementation. The auditor to conduct such audit shall be specified in
3051	3051	accordance with K.S.A. 46-1122, and amendments thereto.
3052	3052	(2) The post auditor shall compute the reasonably anticipated cost of
3053	3053	providing audits pursuant to this subsection, subject to review and
3054	3054	approval by the contract audit committee established by K.S.A. 46-1120,
3055	3055	and amendments thereto. Upon such approval, the division of post audit
3056	3056	shall be reimbursed from the 911 operations fund for the amount approved
3057	3057	by the contract audit committee. The audit report shall be submitted to the
3058	3058	911 coordinating council, the LCPA, the house of representatives
3059	3059	committee on energy, utilities and telecommunications and the senate
3060	3060	committee on utilities.
3061	3061	(d) (1) On or before December 31, 2018, the division of post audit
3062	3062	shall conduct an audit of the budget and expenditures of the 911
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3105	3105	43 HB 2690 37
3106	3106	coordinating council. In conducting such audit, the division shall examine:
3107	3107	(A) The annual expenses and financial needs, including personnel, of the
3108	3108	council; (B) the total annual operating expenses of the council that are
3109	3109	included in the 2.5% cap on expenditures pursuant to K.S.A. 12-5364(i),
3110	3110	and amendments thereto; (C) the current and projected contractual
3111	3111	expenses of the council; (D) the expenditures and distribution of moneys
3112	3112	from the 911 state grant fund by the council; and (E) whether the moneys
3113	3113	expended by the council are being used pursuant to this act. The auditor, to
3114	3114	conduct such audit, shall be specified in accordance with K.S.A. 46-1122,
3115	3115	and amendments thereto.
3116	3116	(2) The post auditor shall compute the reasonably anticipated cost of
3117	3117	providing the audit pursuant to this subsection, subject to review and
3118	3118	approval by the contract audit committee established by K.S.A. 46-1120,
3119	3119	and amendments thereto. Upon such approval, the division of post audit
3120	3120	shall be reimbursed from the 911 operations fund for the amount approved
3121	3121	by the contract audit committee. The audit report shall be submitted to the
3122	3122	911 coordinating council, the house of representatives committee on
3123	3123	energy, utilities and telecommunications and the senate committee on
3124	3124	utilities.
3125	3125	(e) The legislature shall review this act at the regular 2019 legislative
3126	3126	session and at the regular legislative session every five years thereafter.
3127	3127	Sec. 30. K.S.A. 12-5364, 12-5368, 12-5374 and 12-5375 are hereby
3128	3128	repealed.
3129	3129	Sec. 31. On and after July 1, 2025, K.S.A. 12-5362, 12-5363, 12-
3130	3130	5364, as amended by section 12 of this act, 12-5365, 12-5366, 12-5367,
3131	3131	12-5368, as amended by section 16 of this act, 12-5369, 12-5370, 12-5371,
3132	3132	12-5374, as amended by section 23 of this act, 12-5375, as amended by
3133	3133	section 26 of this act, 12-5377, 12-5378 and 12-5379 are hereby repealed.
3134	3134	Sec. 32. On and after January 1, 2026, K.S.A. 12-5368, as amended
3135	3135	by section 17 of this act, 12-5372, 12-5374, as amended by section 24 of
3136	3136	this act, and 12-5375, as amended by section 27 of this act, are hereby
3137	3137	repealed.
3138	3138	Sec. 33. This act shall take effect and be in force from and after its
3139	3139	publication in the statute book.
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