Kansas House Bill HB2690 Latest Draft

                            Session of 2024
HOUSE BILL No. 2690
By Committee on Energy, Utilities and Telecommunications
Requested by Representative Delperdang on behalf of Representative Hoffman and 
Representative Carmichael
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 AN ACT concerning emergency communication services; establishing the 
state 911 board; abolishing the 911 coordinating council; transferring 
the powers, duties and functions of the 911 coordinating council to the 
state 911 board; authorizing the board to appoint an executive director 
and other employees to carry out the powers, duties and functions of 
the board; abolishing the 911 operations fund, the 911 state grant fund 
and the 911 state fund and establishing the state 911 operations fund, 
the state 911 grant fund and the state 911 fund in the state treasury; 
authorizing counties to contract for the provision of 911 PSAP services 
with another county; amending K.S.A. 12-5362, 12-5363, 12-5364, 12-
5365, 12-5366, 12-5367, 12-5368, 12-5368, as amended by section 16 
of this act, 12-5368, as amended by section 17 of this act, 12-5369, 12-
5370, 12-5371, 12-5372, 12-5374, 12-5374, as amended by section 23 
of this act, 12-5374, as amended by section 24 of this act, 12-5375, 12-
5375, as amended by section 26 of this act, 12-5375, as amended by 
section 27 of this act, and 12-5377 and repealing the existing sections; 
also repealing K.S.A. 12-5364, as amended by section 12 of this act, 
12-5378 and 12-5379.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) There is hereby established the state 911 board. 
The board shall consist of 19 voting members and shall include individuals 
with technical expertise regarding 911 systems, internet technology and 
GIS technology.
(1) The following 15 voting members shall be appointed by the 
governor:
(A) Two members representing information technology personnel 
from governmental units;
(B) one member representing the Kansas sheriff's association;
(C) one member representing the Kansas association of chiefs of 
police;
(D) one member representing a fire chief;
(E) one member recommended by the adjutant general;
(F) one member recommended by the Kansas emergency medical 
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services board;
(G) one member recommended by the Kansas commission for the 
deaf and hard of hearing;
(H) two members representing PSAPs located in counties having a 
population less than 75,000, at least one of which shall be an administrator 
of a PSAP or have extensive prior 911 experience in Kansas;
(I) two members representing PSAPs located in counties having a 
population of 75,000 or more, at least one of which shall be an 
administrator of a PSAP or have extensive prior 911 experience in Kansas;
(J) one member representing the Kansas chapter of the association of 
public safety communications officials;
(K) one member recommended by the league of Kansas 
municipalities; and
(L) one member recommended by the Kansas association of counties.
(2) The following four voting members shall be appointed as follows:
(A) One member of the Kansas house of representatives appointed by 
the speaker of the house;
(B) one member of the Kansas house of representatives appointed by 
the minority leader of the house;
(C) one member of the Kansas senate appointed by the president of 
the senate; and
(D) one member of the Kansas senate appointed by the minority 
leader of the senate.
(b) The state 911 board shall include the following nine nonvoting 
members to be appointed by the governor:
(1) One member representing rural telecommunications companies 
recommended by the Kansas rural independent telephone companies;
(2) one member representing incumbent local exchange carriers with 
over 50,000 access lines;
(3) one member representing large wireless providers;
(4) one member representing VoIP providers;
(5) one member recommended by the Kansas geographic information 
systems policy board;
(6) one member recommended by the Kansas office of information 
technology services;
(7) one member recommended by the Mid-America regional council 
who shall be a Kansas resident; and
(8) two members representing non-traditional PSAPs, one of whom 
shall be a representative of tribal government.
(c) (1) The governor shall select the chairperson of the state 911 
board. The chairperson shall serve as chairperson at the pleasure of the 
governor and shall have extensive prior 911 experience in Kansas. The 
chairperson shall serve subject to the direction of the board and ensure that 
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policies adopted by the board are carried out.
(2) The chairperson of the board or the chairperson's designee may 
sign any certifications required for federal grants pursuant to 47 C.F.R part 
400.
(d) (1) Except as otherwise provided in this subsection, the terms of 
office for members of the board shall commence upon appointment. Each 
member shall serve a term of three years and until a successor has been 
appointed pursuant to this section. No voting member shall serve longer 
than two successive three-year terms, except that any person appointed to 
fulfill an unexpired term of a voting member may finish the term of the 
predecessor and such appointment shall not preclude the person from 
subsequently serving two successive three-year terms.
(2) On July 1, 2025, each member appointed to and currently serving 
a term on the 911 coordinating council pursuant to K.S.A. 12-5364, prior 
to it repeal, shall be deemed to be appointed to and a member of the state 
911 board. The initial term of each such member shall expire at the time 
such member's original term would have expired as a member of the 911 
coordinating council pursuant to K.S.A. 12-5364, prior to its repeal, and 
until a successor has been appointed pursuant to this section.
(3) The term of all members of the board shall expire on June 30 in 
the year that such member's term expires.
(e) Members of the board and other persons appointed to 
subcommittees by the board may receive reimbursement for meals and 
travel expenses, but shall serve without other compensation with the 
exception of legislative members, who shall receive compensation 
pursuant to K.S.A. 75-3212, and amendments thereto.
(f) The provisions of this section shall take effect and be in force on 
and after July 1, 2025.
New Sec. 2. (a) The state 911 board shall:
(1) Coordinate E-911 services and next generation 911 services in the 
state;
(2) implement statewide 911 communications planning;
(3) monitor the delivery of 911communications services in the state;
(4) develop strategies for future enhancements to the 911 system;
(5) administer and oversee grants to PSAPs;
(6) develop technology standards;
(7) establish minimum training requirements for PSAP personnel, 
GIS technicians and information technology technicians with respect to the 
statewide NG911 call handling system technology to ensure public safety 
across Kansas;
(8) employ a full-time executive director; and
(9) make an annual report of all expenditures from the 911 fees 
imposed pursuant to K.S.A. 12-5369 and 12-5371, and amendments 
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thereto, to the house of representatives standing committee on energy, 
utilities and telecommunications and the senate standing committee on 
utilities or their successor committees.
(b) The state 911 board may:
(1) Contract with any person to assist in the performance of the 
powers, duties and functions of the board;
(2) reimburse state agencies or independent contractors for expenses 
incurred in carrying out the powers, duties and functions of the board;
(3) apply for grants under the federal 911 grant program;
(4) recommend training for general PSAP operations; and
(5) adopt rules and regulations as the board deems necessary for the 
implementation and administration of the Kansas 911 act, except that the 
board shall not establish a mandatory certification program for PSAP 
operations or PSAP emergency communications personnel.
(c) The state 911 board may impose a civil penalty upon any provider 
that fails to collect the 911 fees pursuant to K.S.A. 12-5369, and 
amendments thereto, or remit such fees pursuant to K.S.A. 12-5370, and 
amendments thereto. Such written order shall state the violation, the 
penalty to be imposed and the right of the provider to appeal and request a 
hearing before the board. Any such provider may, within 15 days after 
service of the order, make a written request to the board for a hearing 
thereon. Hearings under this subsection shall be conducted in accordance 
with the provisions of the Kansas administrative procedure act. Any action 
of the board to impose a penalty shall be subject to review in accordance 
with the Kansas judicial review act. Any civil penalty recovered pursuant 
to this subsection shall be deposited in the 911 state grant fund.
(d) (1) The executive director of the state 911 board shall:
(A) Be the administrative officer of the board;
(B) be in the unclassified service of the Kansas civil service act; and
(C) receive an annual salary set by the board.
(2) The executive director may hire, subject to the approval of the 
board, assistant directors and employees as deemed necessary by the 
board. Any such assistant directors or employees shall be in the 
unclassified service of the Kansas civil service act.
(e) The provisions of this section shall take effect and be in force on 
and after July 1, 2025.
New Sec. 3. (a) On July 1, 2025, the 911 coordinating council 
established pursuant to K.S.A. 12-5364, prior to its repeal, is hereby 
abolished and the powers, duties and functions vested in and imposed 
upon the 911 coordinating council are hereby transferred to, vested in and 
imposed upon the state 911 board.
(b) On July 1, 2025, all employees of the 911 coordinating council 
who, immediately prior to such date, were engaged in the performance of 
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the powers, duties or functions that are transferred pursuant to this act, and 
who, in the opinion of the board, are necessary to perform the powers, 
duties and functions of the board, shall be transferred to and shall become 
employees of the board. Any such employee shall retain all retirement 
benefits and all rights of civil service that had accrued to or vested in such 
employee. The service of each such employee so transferred shall be 
deemed to have been continuous.
(c) The state 911 board shall succeed to all property and records of 
the 911 coordinating council. Any conflict as to the proper disposition of 
property or records arising under this section shall be determined by the 
governor and the decision of the governor shall be final.
(d) Whenever the 911 coordinating council, or words of like effect, is 
referred to or designated by any statute, rule or regulation, contract or 
other document, such reference or designation shall be deemed to apply to 
state 911 board.
(e) All rules and regulations of the 911 coordinating council in 
existence on July 1, 2025, shall continue to be effective and shall be 
deemed to be duly adopted rules and regulations of the state 911 board 
until amended, revoked or nullified pursuant to law.
(f) The provisions of this section shall take effect and be in force on 
and after July 1, 2025.
New Sec. 4 (a) (1) Every provider shall submit contact information 
for the provider to the state 911 board. Any provider that has not 
previously provided wireless telecommunications service in this state shall 
submit contact information for the provider to the board within three 
months of first offering wireless telecommunications services in this state.
(2) A provider of wireless telecommunications service shall:
(A) Receive prior approval from each PSAP within the provider's 
service area before directing emergency calls to such PSAP; and
(B) establish the unique emergency telephone number "911" across 
the state.
(3) Nothing in this act shall be construed to limit the ability of a 
provider from recovering directly from the provider's customers the costs 
associated with designing, developing, deploying and maintaining 911 
service and the cost of collection and administration of the fees imposed 
by K.S.A. 12-5369, and amendments thereto, whether such costs are 
itemized on the customer's bill as a surcharge or by any other lawful 
method.
(b) (1) Each PSAP and county that contracts with another county for 
the provision of 911 PSAP services shall file an annual report with the 
state 911 board by March 1 of each year demonstrating how such PSAP or 
county has spent the moneys earned from the 911 fees during the 
preceding calendar year. The board shall designate the content and form of 
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such report and may require additional associated documentation that shall 
be included.
(2) If a PSAP or county that contracts with another county for the 
provision of 911 PSAP services fails to file and finalize an annual report, 
the board shall provide notice of such failure to the PSAP or county and 
the governing body of such PSAP. If such PSAP or county fails to file or 
finalize an annual report within 60 days of receiving such notice, the board 
shall withhold 10% of each subsequent distribution of 911 fees to such 
PSAP or county pursuant to K.S.A. 12-5374, and amendments thereto. The 
board shall not discontinue such withholding until the PSAP or county 
submits a report in compliance with this section.
(c) (1) If the state 911 board finds that the GIS data for a PSAP or 
county that contracts with another county for the provision of 911 PSAP 
services is inaccurate, the board shall give written notice to the governing 
body that oversees the PSAP or county of such finding. If the board does 
not receive an acceptable proposal for the PSAP or county to bring the GIS 
data into compliance within 60 days following such notice, the board may 
contract with a third party to review and update the GIS data.
(2) If the board finds that the GIS data for a PSAP or county that 
contracts with another county for the provision of 911 PSAP services has 
not been updated for one year or more, the board shall give written notice 
to the governing body that oversees the PSAP or county of such finding. 
Such PSAP or county may provide an attestation that the GIS data has 
been reviewed and remains accurate. If the board receives such attestation 
and has information that the data may not be accurate, the board shall 
provide a written notice to the PSAP or county that describes the areas the 
board believes to be inaccurate. The PSAP or county shall have 30 days 
following receipt of such written notice to submit updated GIS data. If the 
updated GIS data is not received prior to such deadline, the board may 
contract with a third party to review and update the GIS data and may 
assess any costs incurred in updating the GIS data upon the governing 
body that oversees the PSAP.
(d) The provisions of this section shall take effect and be in force on 
and after July 1, 2025.
New Sec. 5. (a) There is hereby created in the state treasury the state 
911 operations fund. All moneys received pursuant to K.S.A. 12-5368, 12-
5372 and 12-5374, and amendments thereto, for purposes of such fund 
shall be deposited into the state 911 operations fund. All expenditures from 
the state 911 operations fund shall be made in accordance with 
appropriation acts upon warrants of the director of accounts and reports 
issued pursuant to vouchers approved by the chairperson of the state 911 
board or the chairperson's designee.
(b) The state 911 operations fund shall be used only for the following 
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purposes:
(1) Administrative and operational expenses of the state 911 board, 
including salaries of persons employed by the board;
(2) payment and expenses incurred pursuant to contracts entered into 
by the board for the performance of the powers, duties and functions of the 
board;
(3) payment to state agencies or independent contractors for expenses 
incurred in carrying out the powers, duties and functions of the board; and
(4) development, deployment, implementation and maintenance of 
the statewide next generation 911 system.
(c) On or before the 10
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 of each month, the director of accounts and 
reports shall transfer from the state general fund to the state 911 operations 
fund interest earnings based on:
(1) The average daily balance of moneys in the state 911 operations 
fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio 
for the preceding month.
(d) The state 911 operations fund shall be used for the purposes set 
forth in this act and for no other governmental purposes. Moneys in the 
state 911 operations fund shall not be subject to the provisions of K.S.A. 
75-3722, 75-3725a and 75-3726a, and amendments thereto.
(e) On January 1, 2026:
(1) The LCPA shall remit to the state treasurer the balance of all 
moneys in the 911 operations fund established pursuant to K.S.A. 12-5368, 
and amendments thereto. Upon receipt of such remittance, the state 
treasurer shall deposit the entire amount in the state treasury and credit 
such amount to the state 911 operations fund.
(2) All liabilities of the 911 operations fund are hereby transferred to 
and imposed on the state 911 operations fund.
(3) The 911 operations fund established by the LCPA pursuant to 
K.S.A. 12-5368, and amendments thereto, is hereby abolished.
(f) The provisions of this section shall take effect and be in force on 
and after January 1, 2026.
New Sec. 6. (a) There is hereby created in the state treasury the state 
911 grant fund. All moneys received pursuant to K.S.A. 12-5368 and 12-
5374, and amendments thereto, for purposes of such fund shall be 
deposited into the state 911 grant fund. All expenditures from the state 911 
grant fund shall be made in accordance with appropriation acts upon 
warrants of the director of accounts and reports issued pursuant to 
vouchers approved by the chairperson of the state 911 board or the 
chairperson's designee.
(b) The state 911 grant fund shall be used only for the following 
purposes:
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(1) Providing state grants for projects involving the development and 
implementation of next generation 911 services;
(2) provide grants to PSAPs based on demonstrated need; and
(3) costs associated with PSAP consolidation or cost-sharing projects.
(c) On or before the 10
th
 of each month, the director of accounts and 
reports shall transfer from the state general fund to the state 911 grant fund 
interest earnings based on:
(1) The average daily balance of moneys in the state 911 grant fund 
for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio 
for the preceding month.
(d) The state 911 grant fund shall be used for the purposes set forth in 
this act and for no other governmental purposes. Moneys in the state 911 
grant fund shall not be subject to the provisions of K.S.A. 75-3722, 75-
3725a and 75-3726a, and amendments thereto.
(e) On January 1, 2026:
(1) The LCPA shall remit to the state treasurer the balance of all 
moneys in the 911 state grant fund established pursuant to K.S.A. 12-5368, 
and amendments thereto. Upon receipt of such remittance, the state 
treasurer shall deposit the entire amount in the state treasury and credit 
such amount to the state 911 grant fund.
(2) All liabilities of the 911 state grant fund are hereby transferred to 
and imposed on the state 911 grant fund.
(3) The 911 state grant fund established by the LCPA pursuant to 
K.S.A. 12-5368, and amendments thereto, is hereby abolished.
(f) The provisions of this section shall take effect and be in force on 
and after January 1, 2026.
New Sec. 7. (a) There is hereby created in the state treasury the state 
911 fund. All moneys received pursuant to K.S.A. 12-5368 and 12-5374, 
and amendments thereto, for purposes of such fund shall be deposited into 
the state 911 fund. All expenditures from the state 911 fund shall be made 
in accordance with appropriation acts upon warrants of the director of 
accounts and reports issued pursuant to vouchers approved by the 
chairperson of the state 911 board or the chairperson's designee.
(b) The state 911 fund shall be used for direct distributions of moneys 
pursuant to K.S.A. 12-5374, and amendments thereto.
(c) On or before the 10
th
 of each month, the director of accounts and 
reports shall transfer from the state general fund to the state 911 fund 
interest earnings based on:
(1) The average daily balance of moneys in the state 911 fund for the 
preceding month; and
(2) the net earnings rate for the pooled money investment portfolio 
for the preceding month.
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(d) The state 911 fund shall be used for the purposes set forth in this 
act and for no other governmental purposes. Moneys in the state 911 fund 
shall not be subject to the provisions of K.S.A. 75-3722, 75-3725a and 75-
3726a, and amendments thereto.
(e) On January 1, 2026:
(1) The LCPA shall remit to the state treasurer the balance of all 
moneys in the 911 state fund established pursuant to K.S.A. 12-5368, and 
amendments thereto. Upon receipt of such remittance, the state treasurer 
shall deposit the entire amount in the state treasury and credit such amount 
to the state 911 fund.
(2) All liabilities of the 911 state fund are hereby transferred to and 
imposed on the state 911 fund.
(3) The 911 state fund established by the LCPA pursuant to K.S.A. 
12-5368, and amendments thereto, is hereby abolished.
(f) The provisions of this section shall take effect and be in force on 
and after January 1, 2026.
New Sec. 8. (a) On July 1, 2025, and on the first day of each calendar 
month thereafter through January 1, 2026, the state 911 board shall require 
the LCPA to provide a report that accounts for every transaction that has 
occurred during the previous month in the 911 state fund, 911 state grant 
fund and the 911 operations fund established outside the state treasury 
pursuant to K.S.A. 12-5368, and amendments thereto. Such report shall 
include line item amounts and details for every transaction, including 
debits, credits, transfers, fees assessed, interest earned, change in 
ownership, change in authorized signatories or any other event that may 
have altered the structure or balance of the account. The LCPA shall 
submit each monthly report to the secretary of administration and to the 
director of legislative research. On or before January 12, 2026, the state 
911 board shall prepare and submit to the legislature a report that 
summarizes the transactions that impacted the account between July 1, 
2025, and January 1, 2026, and shall confirm that the accounts have been 
closed and all assets have been transferred to the state treasury in 
accordance with the requirements of sections 5 through 7, and 
amendments thereto.
(b) The provisions of this section shall take effect and be in force on 
and after July 1, 2025.
New Sec. 9. (a) On and after July 1, 2024, the 911 coordinating 
council may take any actions necessary to prepare for a seamless and 
orderly transition of the powers, duties and functions of the 911 
coordinating council to the state 911 board established pursuant to section 
1, and amendments thereto. Such actions may include, but shall not be 
limited to:
(1) Employing one or more individuals who the council deems 
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necessary to assist with the transition, including the employment of an 
individual who shall assume the role of executive director of the state 911 
board upon the establishment of the board pursuant to this act; and
(2) preparing a budget that reflects the establishment of the state 911 
board and the state 911 operations fund within the state treasury pursuant 
to this act.
(b) Any persons employed pursuant to this section shall be in the 
unclassified service and receive compensation fixed by the council. 
(c) Any expenses incurred for the employment of individuals 
pursuant to this section shall be considered administrative expenses of the 
council pursuant to K.S.A. 12-5368, and amendments thereto, and the 
council shall have authority to use any moneys held in or transferred to the 
911 operations fund to provide for the employment and compensation 
authorized pursuant to this section.
Sec. 10. On and after July 1, 2025, K.S.A. 12-5362 is hereby 
amended to read as follows: 12-5362. K.S.A. 12-5362 through 12-5381, 
and amendments thereto, and sections 1 through 9, and amendments 
thereto, shall be known and may be cited as the Kansas 911 act.
Sec. 11. On and after July 1, 2025, K.S.A. 12-5363 is hereby 
amended to read as follows: 12-5363. As used in the Kansas 911 act:
(a) "Board" means the state 911 board.
(b) ''Consumer'' means a person who purchases prepaid wireless 
service in a retail transaction.
(b)(c) ''Department'' means the Kansas department of revenue.
(c)(d) ''Enhanced 911 service'' or "E-911 service" means an 
emergency telephone service that generally may provide, but is not limited 
to, selective routing, automatic number identification and automatic 
location identification features.
(d)(e) ''Exchange telecommunications service'' means the service that 
provides local telecommunications exchange access to a service user.
(e)(f) "GIS" means a geographic information system for capturing, 
storing, displaying, analyzing and managing data and associated attributes 
that are spatially referenced.
(f)(g) "GIS data" means the geometry and associated attributes 
packaged in a geodatabase that defines the roads, address points and 
boundaries within a PSAP's jurisdiction.
(g)(h) "Governing body" means the board of county commissioners 
of a county or the governing body of a city.
(h)(i) "Local collection point administrator" or "LCPA" means the 
person designated by the 911 coordinating council board to serve as the 
local collection point administrator to collect and distribute 911 fees, 911 
operations fund moneys and distribute 911 state grant fund moneys.
(i)(j) "Multi-line telephone system" means a system comprised of 
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common control units, telephones and control hardware and software 
providing local telephone service to multiple end-use customers that may 
include VoIP service and network and premises based systems such as 
centrex, private branch exchange and hybrid key telephone systems.
(j)(k) ''Next generation 911'' means 911 service that conforms with 
national emergency number association (NENA) i3 standards and enables 
PSAPs to receive Enhanced 911 service calls and emergency calls from 
Internet Protocol (IP) based technologies and applications that may include 
text messaging, image, video and data information from callers.
(k)(l) "Non-traditional PSAP" means a PSAP not operated by a city 
or county, including, but not limited to, PSAPs operated by universities, 
tribal governments or the state or federal government.
(l)(m) ''Person'' means any individual, firm, partnership, 
copartnership, joint venture, association, cooperative organization, 
corporation, municipal or private, and whether organized for profit or not, 
state, county, political subdivision, state department, commission, board, 
bureau or fraternal organization, nonprofit organization, estate, trust, 
business or common law trust, receiver, assignee for the benefit of 
creditors, trustee or trustee in bankruptcy or any other legal entity.
(m)(n) ''Prepaid wireless service'' means a wireless 
telecommunications service that allows a caller to dial 911 to access the 
911 system, which service must be that is paid for in advance and is sold 
in predetermined units or dollars of which the number declines with use in 
a known amount.
(n)(o) ''Place of primary use'' has the meaning provided in the mobile 
telecommunications act as defined by 4 U.S.C. § 116 et seq., as in effect 
on the effective date of this act July 1, 2025.
(o)(p) ''Provider'' means any person providing exchange 
telecommunications service, wireless telecommunications service, VoIP 
service or other service capable of contacting a PSAP. A provider may also 
be "Provider" includes a 911 system operator.
(p)(q) ''PSAP'' means a public safety answering point operated by a 
city or county.
(q)(r) ''Retail transaction'' means the purchase of prepaid wireless 
service from a seller for any purpose other than resale, not including the 
use, storage or consumption of such services.
(r)(s) ''Seller'' means a person who sells prepaid wireless service to 
another person.
(s)(t) ''Service user'' means any person who is provided exchange 
telecommunications service, wireless telecommunications service, VoIP 
service, prepaid wireless service or any other service capable of contacting 
a PSAP.
(t)(u) ''Subscriber account'' means the 10-digit access number 
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assigned to a service user by a provider for the purpose of billing a service 
user up to the maximum capacity of the simultaneous outbound calling 
capability of a multi-line telephone system or equivalent service.
(u)(v) ''Subscriber radio equipment'' means mobile and portable radio 
equipment installed in vehicles or carried by persons for voice 
communication with a radio system.
(v)(w) ''VoIP service'' means voice over internet protocol.
(w)(x) ''Wireless telecommunications service'' means commercial 
mobile radio service as defined by 47 C.F.R. § 20.3 as in effect on the 
effective date of this act July 1, 2025.
(x)(y) "911 call" means any electronic request for emergency 
response, presented by means of wireline, wireless, VoIP or 
telecommunications device for the deaf (TDD) technology, text message or 
any other technology by which a service user initiates an immediate 
information interchange or conversation with a PSAP.
(y)(z) "911 system operator" means any entity that accepts 911 calls 
from providers, processes those calls and presents those calls to the 
appropriate PSAP. A "911 system operator" may also be a provider.
Sec. 12. K.S.A. 12-5364 is hereby amended to read as follows: 12-
5364. (a) (1) There is hereby created the 911 coordinating council which 
shall monitor the delivery of 911 services, develop strategies for future 
enhancements to the 911 system and distribute available grant funds to 
PSAPs and counties that contract with other counties for the provision of 
911 PSAP services. In as much as possible, the council shall include 
individuals with technical expertise regarding 911 systems, internet 
technology and GIS technology.
(2) (A) The 911 coordinating council shall consist of 13 voting 
members to be appointed by the governor:
(i) Two members representing information technology personnel 
from government units;
(ii) one member representing the Kansas sheriff's association;
(iii) one member representing the Kansas association of chiefs of 
police;
(iv) one member representing a fire chief;
(v) one member recommended by the adjutant general;
(vi) one member recommended by the Kansas emergency medical 
services board;
(vii) one member recommended by the Kansas commission for the 
deaf and hard of hearing;
(viii) two members representing PSAPs located in counties with less 
than 75,000 in population;
(ix) two members representing PSAPs located in counties with 
greater than 75,000 in population; and
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(x) one member representing the Kansas chapter of the association of 
public safety communications officials.
(B) At least two of the members representing PSAPs shall be 
administrators of a PSAP or have extensive prior 911 experience in 
Kansas.
(3) Other voting members of the 911 coordinating council shall 
include:
(A) One member of the Kansas house of representatives as appointed 
by the speaker of the house;
(B) one member of the Kansas house of representatives as appointed 
by the minority leader of the house;
(C) one member of the Kansas senate as appointed by the senate 
president; and
(D) one member of the Kansas senate as appointed by the senate 
minority leader.
(4) The 911 coordinating council shall also include nonvoting 
members to be appointed by the governor:
(A) One member representing rural telecommunications companies 
recommended by the Kansas rural independent telephone companies;
(B) one member representing incumbent local exchange carriers with 
over 50,000 access lines;
(C) one member representing large wireless providers;
(D) one member representing VoIP providers;
(E) one member recommended by the league of Kansas 
municipalities;
(F) one member recommended by the Kansas association of counties;
(G) one member recommended by the Kansas geographic 
information systems policy board;
(H) one member recommended by the Kansas office of information 
technology services;
(I) one member, a Kansas resident, recommended by the Mid-
America regional council; and
(J) two members representing non-traditional PSAPs, one of whom 
shall be a representative of tribal government.
(b) (1) Except as provided in subsection (b)(2) and (b)(3), the terms 
of office for Voting members of the 911 coordinating council shall 
commence on the effective date of this act and shall be subject to 
reappointment every serve for a term of three years. No voting member 
shall serve longer than two successive three-year terms. A voting member 
appointed as a replacement for another voting member may finish the term 
of the predecessor and may serve two additional successive three-year 
terms.
(2) The following members, whose terms began on the effective date 
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of this act, shall serve initial terms as follows:
(A) One member representing information technology personnel from 
government units, one member recommended by the adjutant general, one 
member representing PSAPs located in counties with less than 75,000 in 
population and one member representing PSAPs located in counties with 
75,000 or more in population shall serve a term of two years;
(B) one member representing information technology personnel from 
government units, one member recommended by the Kansas emergency 
medical services board, one member representing PSAPs located in 
counties with less than 75,000 in population and one member representing 
PSAPs without regard to size shall serve a term of three years; and
(C) one member representing a fire chief, one member recommended 
by the Kansas commission for the deaf and hard of hearing, one member 
representing the Kansas association of chiefs of police and one member 
representing PSAPs located in counties with 75,000 or more in population 
shall serve a term of four years.
(3) The initial term for one member representing the Kansas sheriff's 
association shall begin on July 1, 2014, and be for a period of three years.
(4) The terms of members specified in this subsection shall expire on 
June 30 in the last year of such member's term.
(c) (1) The governor shall select the chair of the 911 coordinating 
council, who shall serve at the pleasure of the governor and have extensive 
prior 911 experience in Kansas.
(2) The chair shall serve as the coordinator of E-911 services and next 
generation 911 services in the state, implement statewide 911 planning, 
have the authority to sign all certifications required under 47 C.F.R. part 
400 and administer the 911 federal grant fund and 911 state maintenance 
fund. The chair shall serve subject to the direction of the council and 
ensure that policies adopted by the council are carried out. The chair shall 
serve as the liaison between the council and the LCPA. The chair shall 
preside over all meetings of the council and assist the council in 
effectuating the provisions of this act.
(d) The 911 coordinating council, by an affirmative vote of nine 
voting members, shall select the local collection point administrator, 
pursuant to K.S.A. 12-5367, and amendments thereto, to collect 911 fees 
and to distribute such fees to PSAPs and counties that contract with other 
counties for the provision of 911 PSAP services and to distribute 911 
operations fund moneys and 911 state grant fund moneys as directed by 
the council. The council shall adopt rules and regulations for the terms of 
the contract with the LCPA. All contract terms and conditions shall satisfy 
all contract requirements as established by the secretary of administration. 
The council shall determine the compensation of the LCPA who shall 
provide the council with any staffing necessary in carrying out the 
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business of the council or effectuating the provisions of this act. The 
moneys used to reimburse these expenses shall be paid from the 911 
operations fund, pursuant to subsection (j).
(e) (1) The 911 coordinating council is hereby authorized to adopt 
rules and regulations necessary to effectuate the provisions of this act, 
including, but not limited to: (A) Creating a uniform reporting form 
designating how moneys, including 911 fees, have been spent by the 
PSAPs and counties that contract with other counties for the provision of 
911 PSAP services; (B) requiring service providers to notify the council 
pursuant to subsection (k); (C) establishing standards for coordinating and 
purchasing equipment; (D) recommending standards for general operations 
training of PSAP personnel; (E) establishing training standards and 
programs related to the technology and operations of the NG911 hosted 
solution; (F) establishing data standards, maintenance policies and data 
reporting requirements for GIS data; and (G) assessing civil penalties 
pursuant to subsection (m).
(2) The chair of the council shall work with the council to adopt rules 
and regulations necessary for the administration of this act, but the council 
shall not adopt any rules and regulations or impose any requirements that 
creates a mandatory certification program of PSAP operations or PSAP 
emergency communications personnel.
(f) If the 911 coordinating council finds that the GIS data for a PSAP 
or county that contracts with another county for the provision of 911 PSAP 
services is inaccurate or has not been updated for one year or more, the 
council shall give written notice to the governing body that oversees the 
PSAP or county. If, within 60 days of providing such notice, the council 
does not receive an acceptable proposal for the PSAP or county to bring 
the GIS data into compliance, the council may contract with a third party 
to review and update the GIS data. A PSAP or county with GIS data that 
has not been updated for one year or more may provide a certification 
attesting that the GIS data has been reviewed and remains accurate. If the 
council receives such certification and has information that the data may 
not be accurate, the council shall provide a written notice to the PSAP or 
county that describes the areas the council believes to be inaccurate and a 
deadline of 30 days for the PSAP or county to submit updated GIS data. If 
the updated GIS data is not received within the deadline, the council may 
contract with a third party to review and update the GIS data. The council 
shall assess the governing body that oversees the PSAP or county for any 
costs incurred in updating the GIS data.
(g) The council may, pursuant to rules and regulations, lower the 911 
fee established pursuant to K.S.A. 12-5369, and amendments thereto, upon 
a finding based on information submitted on the uniform reporting forms, 
that moneys generated by such fee are in excess of the costs required to 
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operate PSAPs in the state.
(h) The council may appoint subcommittees as necessary to 
administer grants, oversee collection and distribution of moneys by the 
LCPA, develop technology standards, develop training recommendations 
and other issues as deemed necessary by the council. Subcommittees, if 
appointed, shall include members of the council and other persons as 
needed.
(i) The council may reimburse independent contractors or state 
agencies for expenses incurred in carrying out the business of the council, 
including salaries, that are directly attributable to effectuating the 
provisions of this act. The moneys used to reimburse these expenses shall 
be paid from the 911 operations fund, pursuant to subsection (j).
(j) All expenses related to the council shall be paid from the 911 
operations fund. No more than 2.0% of the total receipts from providers 
and the department received by the LCPA shall be used to pay for 
administrative expenses of the council. Members of the council and other 
persons appointed to subcommittees by the council may receive 
reimbursement for meals and travel expenses, but shall serve without other 
compensation with the exception of legislative members who shall receive 
compensation pursuant to K.S.A. 75-3212, and amendments thereto.
(k) Every provider shall submit contact information for the provider 
to the council. Any provider that has not previously provided wireless 
telecommunications service in this state shall submit contact information 
for the provider to the council within three months of first offering 
wireless telecommunications services in this state.
(l) (l) Each PSAP and county that contracts with another county for 
the provision of 911 PSAP services shall file an annual report with the 
council by March 1 of each year demonstrating how such PSAP or county 
has spent the moneys earned from the 911 fee during the preceding 
calendar year. The council shall designate the content and form of such 
report and any associated documentation that is required to finalize such 
report.
(2) If a PSAP or county that contracts with another county for the 
provision of 911 PSAP services fails to file and finalize an annual report, 
the council shall provide notice of such failure to the PSAP or county and 
the governing body of such PSAP or county. If such PSAP or county fails 
to file or finalize an annual report within 60 days of receiving such notice, 
10% of each subsequent distribution of 911 fees to such PSAP or county 
pursuant to K.S.A. 12-5373, and amendments thereto, shall be withheld by 
the LCPA and only distributed to such PSAP or county once the report has 
been submitted.
(m) The council, upon a finding that a provider has violated any 
provision of this act, may impose a civil penalty. No civil penalty shall be 
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imposed pursuant to this section except upon the written order of the 
council. Such order shall state the violation, the penalty to be imposed and 
the right of such person to appeal to a hearing before the council. Any such 
person may, within 15 days after service of the order, make a written 
request to the council for a hearing thereon. Hearings under this subsection 
shall be conducted in accordance with the provisions of the Kansas 
administrative procedure act.
(n) Any action of the council pursuant to subsection (m) is subject to 
review in accordance with the Kansas judicial review act.
(o) Any civil penalty recovered pursuant to this section shall be 
transferred to the LCPA for deposit in the 911 state grant fund.
(p) The 911 coordinating council shall make an annual report, to 
include a detailed description of all expenditures made from 911 fees 
received by the PSAPs and counties that contract with other counties for 
the provision of 911 PSAP services, to the house committee on energy, 
utilities and telecommunications and the senate committee on utilities.
Sec. 13. On and after July 1, 2025, K.S.A. 12-5365 is hereby 
amended to read as follows: 12-5365. (a) There is hereby established in the 
state treasury the 911 federal grant fund. All moneys received by the state 
from the federal government for the purposes provided in this section shall 
be remitted to the state treasurer in accordance with the provisions of 
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such 
remittance, the state treasurer shall deposit the entire amount in the state 
treasury to the credit of the 911 federal grant fund.
(b) The chair of the 911 coordinating council shall serve as the 
administrator of the 911 federal grant fund and shall distribute grants in 
accordance with the recommendations of the 911 coordinating council. 
Subject to the conditions and in accordance with the requirements of this 
act and 47 C.F.R. part 400, as in effect on July 1, 2025, the chair 
chairperson of the board is authorized to perform such acts necessary for 
the effectuation of this act.
(c) Moneys received by the state from the federal government for the 
purposes of the fund shall be credited to the fund.
(d)(1) Subject to the conditions and in accordance with the 
requirements of this act the Kansas 911 act and 47 C.F.R. part 400, as in 
effect on July 1, 2025, moneys credited to the fund shall be used only:
(1)(A) To pay all expenses incurred in the administration of the fund; 
and
(2)(B) to provide grants to eligible municipalities only for necessary 
and reasonable costs incurred or to be incurred by PSAPs for:
(A)(i) Implementation of enhanced 911 service and next generation 
911 service, as defined in K.S.A. 12-5363, and amendments thereto;
(B)(ii) purchase of equipment and upgrades and modification to 
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equipment used solely to process the data elements of enhanced 911 
service and next generation 911 service, as defined in K.S.A. 12-5363, and 
amendments thereto; and
(C)(iii) maintenance and license fees for such equipment and training 
of personnel to operate such equipment, including costs of training PSAP 
personnel to provide effective service to all users of the emergency 
telephone system who have communications disabilities.
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make improvements 
to buildings or similar facilities or for other capital outlay or equipment 
not expressly authorized by this act.
(e)(d) All payments and disbursements from the fund shall be made 
in accordance with appropriation acts upon warrants of the director of 
accounts and reports issued pursuant to vouchers approved by the chair or 
by a person or persons designated by the chair chairperson of the board or 
the chairperson's designee.
Sec. 14. On and after July 1, 2025, K.S.A. 12-5366 is hereby 
amended to read as follows: 12-5366. (a) There is hereby established in the 
state treasury the 911 state maintenance fund. All moneys received 
pursuant to this section shall be remitted to the state treasurer in 
accordance with the provisions of K.S.A. 75-4215, and amendments 
thereto. Upon receipt of each such remittance, the state treasurer shall 
deposit the entire amount in the state treasury to the credit of the 911 state 
maintenance fund.
(b) The chair of the 911 coordinating council shall serve as the 
administrator of the 911 state maintenance fund and shall distribute grants 
in accordance with the recommendations of the 911 coordinating council. 
Subject to the conditions and in accordance with the requirements of this 
act and 47 C.F.R. part 400, the chair is authorized to perform such acts 
necessary for the effectuation of this act.
(c) Moneys from the following sources shall be credited to the fund:
(1) Amounts appropriated or otherwise made available by the 
legislature for the purposes of the fund;
(2) interest attributable to investment of moneys in the fund; and
(3) amounts received from any public or private entity for the 
purposes of the fund.
(d)(c) (1) Moneys credited to the fund shall be used only:
(1)(A) To pay all expenses incurred in the administration of the fund; 
and
(2)(B) development, deployment, implementation and maintenance of 
the statewide next generation 911 system; and
(C) to provide grants to eligible municipalities only for necessary and 
reasonable costs incurred or to be incurred by PSAPs for:
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(A)(i) Implementation of enhanced 911 service and next generation 
911 service, as defined in K.S.A. 12-5363, and amendments thereto; 
(B)(ii) purchase of equipment and upgrades and modification to 
equipment used solely to process the data elements of enhanced 911 
service and next generation 911 service, as defined in K.S.A. 12-5363, and 
amendments thereto; and 
(C)(iii) maintenance and license fees for such equipment and training 
of personnel to operate such equipment, including costs of training PSAP 
personnel to provide effective service to all users of the emergency 
telephone system who have communications disabilities. 
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make improvements 
to buildings or similar facilities or for other capital outlay or equipment 
not expressly authorized by this act.
(e) On or before the 10
th
 of each month, the director of accounts and 
reports shall transfer from the state general fund to the 911 state 
maintenance fund interest earnings based on:
(1) The average daily balance of moneys in the 911 state maintenance 
fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for 
the preceding month.
(f) All payments and disbursements from the fund shall be made in 
accordance with appropriation acts upon warrants of the director of 
accounts and reports issued pursuant to vouchers approved by the chair or 
by a person or persons designated by the chair chairperson of the board or 
the chairperson's designee.
Sec. 15. On and after July 1, 2025, K.S.A. 12-5367 is hereby 
amended to read as follows: 12-5367. (a) The 911 coordinating council 
state 911 board, by an affirmative vote of nine voting members, shall 
select the local collection point administrator. In selecting the LCPA, the 
council board shall contract with the LCPA for services for no longer than 
two years, however, the council board may, by an affirmative vote of nine 
voting members, extend such contract for up to two additional years. The 
911 coordinating council board shall receive the approval of the legislative 
coordinating council in selecting an LCPA if the entity to be designated as 
the LCPA is different than the previous entity designated as the LCPA. The 
911 coordinating council board shall annually review the designation of 
the LCPA and the contract with the LCPA for services. 
(b) Any contract made between the 911 coordinating council and an 
LCPA that is in existence on January 1, 2025, shall continue to be valid, 
effective and enforceable until extended, revised, revoked or terminated by 
the board.
(c) The LCPA shall be subject to the requirements of the Kansas open 
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meetings act and, except as provided in K.S.A. 12-5374, and amendments 
thereto, the Kansas open records act and. The LCPA shall treat all moneys 
received by the LCPA as public funds pursuant to article 14 of chapter 9 of 
the Kansas Statutes Annotated, and amendments thereto. Notwithstanding 
any other provision of law to the contrary, the LCPA shall not be 
considered a state agency.
Sec. 16. K.S.A. 12-5368 is hereby amended to read as follows: 12-
5368. (a) Upon the approval of the 911 coordinating council, the LCPA 
shall establish the following funds, which shall not be a part of the state 
treasury: (1) The 911 state fund for the collection and distribution of 911 
fees; (2) the 911 operations fund for administrative costs of the 911 
coordinating council and deployment and maintenance of the statewide 
NG911 system; and (3) the 911 state grant fund for grants to individual 
PSAPs. All moneys originating from 911 fees, and any interest accrued on 
such fees, shall be paid to the LCPA for deposit in the 911 state fund or 
911 operations fund pursuant to subsection (b). All unobligated federal 
moneys, and any interest accrued on such moneys, shall be transferred to 
the 911 federal grant fund.
(b) (1) Except as provided for in paragraph (2), prior to the 
distribution to the PSAPs of moneys pursuant to K.S.A. 12-5374, and 
amendments thereto, the LCPA shall withhold $.23 from every 911 fee 
remitted pursuant to K.S.A. 12-5369, and amendments thereto, and shall 
deposit such amount in the 911 operations fund for the deployment and 
maintenance of the statewide NG911 system and standardized 
functionality upgrades to that system.
(2) If the funds moneys withheld from distribution pursuant to 
paragraph (1) exceed 15% of the total receipts received by the LCPA from 
providers and the department over the prior three years, such funds 
moneys in excess of that 15% total shall be deposited in the 911 state grant 
fund and used for PSAP grants based on demonstrated need pursuant to 
subsection (d).
(3) If the balance in the 911 state grant fund is less than $2,000,000, 
prior to the distribution to the PSAPs pursuant to K.S.A. 12-5374, and 
amendments thereto, the LCPA shall withhold $.01 from every 911 fee 
remitted pursuant to K.S.A. 12-5369, and amendments thereto, and shall 
deposit such amount in the 911 state grant fund. If the balance in the 911 
state grant fund exceeds $2,000,000, the LCPA shall not withhold such 
amount.
(c) The council shall be responsible for ensuring that the 911 
operations fund and the 911 state grant fund and any interest earned on 
money credited to the fund is only expended for the following purposes: 
(1) Projects involving the development and implementation of next 
generation 911 services; (2) costs associated with PSAP consolidation or 
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cost-sharing projects; (3) expenses related to the 911 coordinating council; 
(4) costs of audits conducted pursuant to K.S.A. 12-5377, and amendments 
thereto; and (5) other costs pursuant to K.S.A. 12-5375, and amendments 
thereto.
(d) The council shall develop criteria for PSAPs for eligible 
purchases and for grant applicants and make the final determination as to 
the distribution of grant funds. Such criteria shall promote the procurement 
of equipment that meets open architecture and national technical 
standards. Distribution of Grant funds moneys shall not include 
expenditures be used to procure, maintain or upgrade subscriber radio 
equipment.
(e) The LCPA shall be authorized to maintain an action to collect any 
funds moneys owed by any providers provider in the district court in the 
county of the registered office of such provider or, if such provider does 
not have a registered office in the state, such an action may be maintained 
in the county where such provider's principal office is located. If such 
provider has no principal office in the state, such an action may be 
maintained in the district court of any county in which where such 
provider provides service.
Sec. 17. On and after July 1, 2025, K.S.A. 12-5368, as amended by 
section 16 of this act, is hereby amended to read as follows: 12-5368. (a) 
Upon the approval of the 911 coordinating council state 911 board, the 
LCPA shall establish the following funds, which shall not be a part of the 
state treasury: (1) The 911 state fund for the collection and distribution of 
911 fees; (2) the 911 operations fund for administrative costs of the 911 
coordinating council state 911 board and deployment and maintenance of 
the statewide NG911 system; and (3) the 911 state grant fund for grants to 
individual PSAPs. All moneys originating from 911 fees, and any interest 
accrued on such fees, shall be paid to the LCPA for deposit in the 911 state 
fund or 911 operations fund pursuant to subsection (b). All unobligated 
federal moneys, and any interest accrued on such moneys, shall be 
transferred to the 911 federal grant fund.
(b) (1) Except as provided for in paragraph (2), prior to the 
distribution of moneys pursuant to K.S.A. 12-5374, and amendments 
thereto, the LCPA shall withhold $.23 from every 911 fee remitted 
pursuant to K.S.A. 12-5369, and amendments thereto, and shall deposit 
such amount in the 911 operations fund for the deployment and 
maintenance of the statewide NG911 system and standardized 
functionality upgrades to that system.
(2) If the moneys withheld from distribution pursuant to paragraph 
(1) exceed 15% of the total receipts received by the LCPA from providers 
and the department over the prior three years, such moneys in excess of 
that 15% total shall be deposited in the 911 state grant fund and used for 
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PSAP grants based on demonstrated need pursuant to subsection (d).
(3) If the balance in the 911 state grant fund is less than $2,000,000, 
prior to the distribution pursuant to K.S.A. 12-5374, and amendments 
thereto, the LCPA shall withhold $.01 from every 911 fee remitted 
pursuant to K.S.A. 12-5369, and amendments thereto, and shall deposit 
such amount in the 911 state grant fund. If the balance in the 911 state 
grant fund exceeds $2,000,000, the LCPA shall not withhold such amount.
(c) The council state 911 board shall be responsible for ensuring that 
the 911 operations fund and the 911 state grant fund and any interest 
earned on money credited to the fund is only expended for the following 
purposes: (1) Projects involving the development and implementation of 
next generation 911 services; (2) costs associated with PSAP consolidation 
or cost-sharing projects; (3) expenses related to the 911 coordinating 
council; (4) costs of audits conducted pursuant to K.S.A. 12-5377, and 
amendments thereto; and (5) (4) other costs pursuant to K.S.A. 12-5375, 
and amendments thereto.
(d) The council state 911 board shall develop criteria for eligible 
purchases and for grant applicants and make the final determination as to 
the distribution of grant funds. Such criteria shall promote the procurement 
of equipment that meets open architecture and national technical 
standards. Grant moneys shall not be used to procure, maintain or upgrade 
subscriber radio equipment.
(e) The state 911 board or the LCPA shall be authorized to maintain 
an action to collect any moneys owed by any provider in the district court 
in the county of the registered office of such provider or, if such provider 
does not have a registered office in the state, such an action may be 
maintained in the county where such provider's principal office is located. 
If such provider has no principal office in the state, such an action may be 
maintained in the district court of any county where such provider 
provides service.
Sec. 18. On and after January 1, 2026, K.S.A. 12-5368, as amended 
by section 17 of this act, is hereby amended to read as follows: 12-5368. 
(a) Upon the approval of the state 911 board, the LCPA shall establish the 
following funds, which shall not be a part of the state treasury: (1) The 911 
state fund for the collection and distribution of 911 fees; (2) the 911 
operations fund for administrative costs of the state 911 board and 
deployment and maintenance of the statewide NG911 system; and (3) the 
911 state grant fund for grants to individual PSAPs. All moneys 
originating from 911 fees, and any interest accrued on such fees, shall be 
paid to the LCPA for deposit in the 911 state fund or 911 operations fund 
pursuant to subsection (b). All unobligated federal moneys, and any 
interest accrued on such moneys, shall be transferred to the 911 federal 
grant fund.
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(b) (1) Except as provided for in paragraph (2), prior to the 
distribution of moneys pursuant to K.S.A. 12-5374, and amendments 
thereto, the LCPA shall withhold $.23 from every 911 fee remitted 
pursuant to K.S.A. 12-5369, and amendments thereto, and shall deposit 
such amount in the 911 operations fund for the deployment and 
maintenance of the statewide NG911 system and standardized 
functionality upgrades to that system remit such moneys to the state 
treasurer in accordance with the provisions of K.S.A. 75-4215, and 
amendments thereto. Upon receipt of each such remittance, the state 
treasurer shall deposit the entire amount in the state treasury and credit 
such amount to the state 911 operations fund established pursuant to 
section 5, and amendments thereto.
(2) If the moneys withheld from distribution pursuant to paragraph 
(1) exceed 15% of the total receipts received by the LCPA from providers 
and the department over the prior three years, such moneys in excess of 
that 15% total shall be deposited in the 911 state grant fund and used for 
PSAP grants based on demonstrated need pursuant to subsection (d) 
remitted to the state treasurer in accordance with the provisions of K.S.A. 
75-4215, and amendments thereto. Upon receipt of each such remittance, 
the state treasurer shall deposit the entire amount in the state treasury and 
credit such amount to the state 911 grant fund established pursuant to 
section 6, and amendments thereto.
(3) If the balance in the state 911 state grant fund is less than 
$2,000,000, prior to the distribution pursuant to K.S.A. 12-5374, and 
amendments thereto, the LCPA shall withhold $.01 from every 911 fee 
remitted pursuant to K.S.A. 12-5369, and amendments thereto, and shall 
deposit such amount in the 911 state grant fund. If the balance in the 911 
state grant fund exceeds $2,000,000, the LCPA shall not withhold such 
amount remit such moneys to the state treasurer in accordance with the 
provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of 
each such remittance, the state treasurer shall deposit the entire amount in 
the state treasury and credit such amount to the state 911 grant fund 
established pursuant to section 6, and amendments thereto.
(c)(b) The state 911 board shall be responsible for ensuring that the 
911 operations fund and the 911 state grant fund and any interest earned on 
money credited to the fund is only expended for the following purposes: 
(1) Projects involving the development and implementation of next 
generation 911 services; (2) costs associated with PSAP consolidation or 
cost-sharing projects; (3) expenses related to the 911 coordinating council; 
and (4) other costs pursuant to K.S.A. 12-5375, and amendments thereto 
moneys collected from 911 fees and prepaid wireless 911 fees are only 
expended for purposes authorized pursuant to the Kansas 911 act.
(d)(c) The state 911 board shall develop criteria for eligible purchases 
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and for grant applicants and make the final determination as to the 
distribution of grant funds. Such criteria shall promote the procurement of 
equipment that meets open architecture and national technical standards. 
Grant moneys shall not be used to procure, maintain or upgrade subscriber 
radio equipment.
(e)(d) The state 911 board or the LCPA shall be authorized to 
maintain an action to collect any moneys owed by any provider in the 
district court in the county of the registered office of such provider or, if 
such provider does not have a registered office in the state, such an action 
may be maintained in the county where such provider's principal office is 
located. If such provider has no principal office in the state, such an action 
may be maintained in the district court of any county where such provider 
provides service.
Sec. 19. On and after July 1, 2025, K.S.A. 12-5369 is hereby 
amended to read as follows: 12-5369. Subject to the provisions of K.S.A. 
12-5364(g), and amendments thereto(a) Except as provided in subsection 
(b), there is hereby imposed a 911 fee in the amount of $.90 per month per 
subscriber account of any exchange telecommunications service, wireless 
telecommunications service, VoIP service, or other service capable of 
contacting a PSAP. Such fee shall not be imposed on prepaid wireless 
service. It shall be the duty of each exchange telecommunications service 
provider, wireless telecommunications service provider, VoIP service 
provider or other service provider to remit such fees to the LCPA as 
provided in K.S.A. 12-5370, and amendments thereto.
(b) The state 911 board may, pursuant to rules and regulations, lower 
the 911 fee established pursuant to subsection (a) upon a finding that the 
moneys generated by such 911 fee exceed the costs required to operate 
PSAPs in the state.
Sec. 20. On and after July 1, 2025, K.S.A. 12-5370 is hereby 
amended to read as follows: 12-5370. (a) Every billed service user shall be 
liable for the 911 fee until such fees have been paid to the exchange 
telecommunications service provider, wireless telecommunications service 
provider, VoIP service provider or other service provider.
(b) All providers shall have the duty to collect the fees 911 fee 
imposed pursuant to this act K.S.A. 12-5369, and amendments thereto. 
Such fees 911 fee shall be added to and may be stated separately in billings 
for the subscriber account. If stated separately in billings, the fees shall be 
labeled ''911 fees.''
(c) The provider shall have no obligation to take any legal action to 
enforce the collection of the fees imposed by this act 911 fee. The provider 
shall provide annually to the LCPA a list of the amount of uncollected 911 
fees along with the names and addresses of those service users which that 
carry a balance that can be determined by the provider to be nonpayment 
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of such fees.
(d) The fees imposed by this act 911 fee shall be collected insofar as 
practicable at the same time as, and along with, the charges for local 
exchange, wireless, VoIP, or other service in accordance with regular 
billing practice of the provider.
(e) The 911 fees and the amounts required to be collected therefor are 
due monthly. Each provider shall remit the amount of such all 911 fees 
collected in one each calendar month by the provider shall be remitted to 
the LCPA not more than 15 days after the close of the such calendar 
month. On or before the 15
th 
day of each calendar month following, Upon 
each such remittance, the provider shall file a return for the preceding 
month shall be filed with the LCPA. Such return shall be provided in such 
form and shall contain such information manner as required by the LCPA 
board. The provider required to file the return shall deliver the return 
together with a remittance of the amount of fees payable to the LCPA. The 
provider shall maintain records of the amount of any such fees collected in 
accordance with this act for a period of three years from the time the fees 
are collected.
(f) The provisions of this section shall not be construed to apply to 
the prepaid wireless service 911 fee.
Sec. 21. On and after July 1, 2025, K.S.A. 12-5371 is hereby 
amended to read as follows: 12-5371. (a) There is hereby imposed a 
prepaid wireless 911 fee of 2.06% per retail transaction or, on and after the 
effective date of an adjusted amount per retail transaction that is 
established under subsection (f), such adjusted amount.
(b) The prepaid wireless 911 fee shall be collected by the seller from 
the consumer with respect to each retail transaction occurring in this state. 
The amount of the prepaid wireless 911 fee shall be either separately stated 
on an invoice, receipt or other similar document that is provided to the 
consumer by the seller, or otherwise disclosed to the consumer.
(c) For purposes of subsection (b), a retail transaction that is effected 
in person by a consumer in a business location of the seller shall be treated 
as occurring in this state if that business location is in this state, and any 
other retail transaction shall be treated as occurring in this state if the retail 
transaction is treated as occurring in this state for the purposes of K.S.A. 
79-3673(c)(3), and amendments thereto.
(d) The prepaid wireless 911 fee is the liability of the consumer and 
not of the seller nor of any provider, except that the seller shall be liable to 
remit all prepaid wireless 911 fees that the seller collects from consumers 
pursuant to this section, and amendments thereto, including all such fees 
that the seller is deemed to collect where when the amount of the charge 
has not been separately stated in an invoice, receipt or other similar 
document provided to the consumer by the seller.
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(e) The amount of the prepaid wireless 911 fee that is collected by a 
seller from a consumer, if such amount is separately stated on an invoice, 
receipt or other similar document provided to the consumer by the seller, 
shall not be included in the base for measuring any tax, fee, surcharge or 
other charge that is imposed by this state, any political subdivision of this 
state or any intergovernmental agency.
(f) The prepaid wireless 911 fee shall be proportionately reduced 
upon any reduction to the fee imposed by K.S.A. 12-5369(a), and 
amendments thereto, pursuant to the 911 coordinating council's board's 
authority to reduce the 911 fee under K.S.A. 12-5364(g) 12-5369(b), and 
amendments thereto. The adjusted amount shall be the product of dividing 
the numeric amount of the new 911 fee adjusted pursuant to K.S.A. 12-
5364(g) 12-5369(b), and amendments thereto, by 50. Such reduction shall 
be effective on the effective date of the reduction of the 911 fee imposed 
by K.S.A. 12-5369(a), and amendments thereto, or, if later, the first day of 
the calendar quarter to occur at least 60 days after the enactment of the 
reduction of the 911 fee imposed by K.S.A. 12-5369(a), and amendments 
thereto. The department shall provide not less than 60 days' notice of such 
decrease on the department's website.
(g) When prepaid wireless service is sold with one or more other 
products or services for a single, non-itemized price, then the percentage 
specified in subsection (a) shall apply to the entire non-itemized price 
unless the seller elects to apply such percentage to: (1) If the amount of the 
prepaid wireless service is disclosed to the consumer as a dollar amount, 
such dollar amount; or (2) if the seller can identify the portion of the price 
that is attributable to the prepaid wireless service by reasonable and 
verifiable standards from its books and records that are kept in the regular 
course of business for other purposes, including, but not limited to, non-
tax purposes, such portion.
Sec. 22. On and after January 1, 2026, K.S.A. 12-5372 is hereby 
amended to read as follows: 12-5372. (a) Prepaid wireless 911 fees 
collected by sellers shall be remitted to the department by electronic filing 
that is consistent with the provisions of article 36 of chapter 79 of the 
Kansas Statutes Annotated, and amendments thereto. The department shall 
establish registration and payment procedures for the collection of the 
prepaid wireless 911 fee.
(b) To minimize additional costs to the department, the department 
may conduct audits of sellers in conjunction with sales and use tax audits. 
The department is authorized to provide the board and LCPA with 
information obtained in such audits if such information indicates that a 
seller may not be complying with the provisions of this section and K.S.A. 
12-5371, and amendments thereto. The board or LCPA may request the 
department to initiate collection or audit procedures on individual sellers if 
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collection efforts by the board or LCPA are unsuccessful.
(c) The department shall establish procedures by which a seller may 
document that a sale is not a retail sale, which procedures shall 
substantially coincide with procedures for documenting sale for resale 
transactions for article 36 of chapter 79 of the Kansas Statutes Annotated, 
and amendments thereto.
(d) (1) The department shall transfer all remitted prepaid wireless 911 
fees to the LCPA within 30 days of receipt for distribution as provided in 
K.S.A. 12-5374, and amendments thereto Except as provided in 
paragraph (2), the department shall remit all moneys collected from the 
prepaid wireless 911 fees to the state treasurer in accordance with K.S.A. 
75-4215, and amendments thereto. Upon receipt of each such remittance, 
the state treasurer shall deposit the entire amount in the state treasury and 
credit such amount to the state 911 operations fund established pursuant 
to section 5, and amendments thereto.
(2) If the department remits $3,000,000 to the state treasurer 
pursuant to paragraph (1) in any given year, then all remaining moneys 
collected from the prepaid wireless 911 fee shall be remitted to the state 
treasurer in accordance with K.S.A. 75-4215, and amendments thereto. 
Upon receipt of each such remittance, the state treasurer shall deposit the 
entire amount in the state treasury and credit such amount to the state 911 
fund established pursuant to section 7, and amendments thereto. Such 
moneys shall be distributed to the counties in an amount proportional to 
each county's population as a percentage share of the population of the 
state. For each PSAP within a county, such moneys shall be distributed to 
each PSAP in an amount proportional to the PSAP's population as a 
percentage share of the population of the county. If there is no PSAP 
within a county, then such moneys shall be distributed to the PSAP 
providing service to such county. Moneys distributed pursuant to this 
paragraph shall only be used for the uses authorized in K.S.A. 12-5375, 
and amendments thereto.
Sec. 23. K.S.A. 12-5374 is hereby amended to read as follows: 12-
5374. (a) (1) Except for the amounts withheld by the LCPA pursuant to 
K.S.A. 12-5368(b), and amendments thereto, and any amounts withheld 
pursuant to K.S.A. 12-5364(l), and amendments thereto, not later than 30 
days after the receipt of moneys 911 fees from providers pursuant to 
K.S.A. 12-5370 and 12-5371, and amendments thereto, and prepaid 
wireless 911 fees from the department pursuant to K.S.A. 12-5372, and 
amendments thereto, the LCPA shall distribute such moneys to the PSAPs 
or to counties that contract with other counties for the provision of 911 
PSAP services pursuant to this section. The amount of money distributed 
to the PSAPs in each county, or to any county that contracts with another 
county for the provision of 911 PSAP services, shall be based upon the 
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amount of 911 fees collected from service users located in that county, 
based on place of primary use information provided by the providers, by 
using the following distribution method:
Population of county	Percentage of collected
where PSAP is located	911 fees to distribute
Over 80,000......................................................................................................................... 82%
65,000 to 79,999.................................................................................................................. 85%
55,000 to 64,999.................................................................................................................. 88%
45,000 to 54,999.................................................................................................................. 91%
35,000 to 44,999.................................................................................................................. 94%
25,000 to 34,999.................................................................................................................. 97%
Less than 25,000................................................................................................................ 100%
(2) There shall be a minimum county distribution of $60,000 $70,000 
and no county shall receive less than $60,000 $70,000 of direct 
distribution moneys. If there is more than one PSAP in a county then the 
direct distribution allocated to that county by population shall be deducted 
from the minimum county distribution and the difference shall be 
proportionately divided between the PSAPs in the county. All moneys 
remaining after distribution, moneys withheld pursuant to K.S.A. 12-
5368(b)(1), and amendments thereto, and any moneys that cannot be 
attributed to a specific PSAP or county shall be transferred to the 911 
operations fund.
(b) All fees remitted to the LCPA shall be deposited in the 911 state 
fund and for the purposes of this act be treated as if they are public funds, 
pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and 
amendments thereto.
(c) All moneys in the 911 state fund that have been collected from the 
prepaid wireless 911 fee shall be deposited in the 911 operations fund 
unless $3 million of such moneys have been deposited in any given year 
then all remaining moneys shall be distributed to the counties in an amount 
proportional to each county's population as a percentage share of the 
population of the state. For each PSAP within If there is more than one 
PSAP in a county, such moneys shall be distributed to each PSAP in an 
amount proportional to the PSAP's population as a percentage share of the 
population of the county. If there is no PSAP within a county, then such 
moneys shall be distributed to the PSAP providing service to such county. 
Such Moneys distributed to counties and PSAPs pursuant to this section 
only shall be used for the uses authorized in K.S.A. 12-5375, and 
amendments thereto.
(d) The LCPA shall keep accurate accounts of all receipts and 
disbursements of moneys from the 911 fees.
(e) InformationRecords provided by providers any provider to the 
local collection point administrator LCPA or to the 911 coordinating 
council pursuant to this act will shall be treated as proprietary records that 
will and shall be withheld from the public upon request of the party 
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provider submitting such records.
Sec. 24. On and after July 1, 2025, K.S.A. 12-5374, as amended by 
section 23 of this act, is hereby amended to read as follows: 12-5374. (a) 
(1) Except for the amounts withheld by the LCPA pursuant to K.S.A. 12-
5368(b), and amendments thereto, and any amounts withheld pursuant to 
K.S.A. 12-5364(l) section 4, and amendments thereto, not later than 30 
days after the receipt of 911 fees from providers pursuant to K.S.A. 12-
5370, and amendments thereto, and prepaid wireless 911 fees from the 
department pursuant to K.S.A. 12-5372, and amendments thereto, the 
LCPA shall distribute such moneys to the PSAPs or to counties that 
contract with other counties for the provision of 911 PSAP services 
pursuant to this section. The amount of money distributed to the PSAPs in 
each county, or to any county that contracts with another county for the 
provision of 911 PSAP services, shall be based upon the amount of 911 
fees collected from service users located in that county, based on place of 
primary use information provided by the providers, by using the following 
distribution method:
Population of county	Percentage of collected
911 fees to distribute
Over 80,000......................................................................................................................... 82%
65,000 to 79,999.................................................................................................................. 85%
55,000 to 64,999.................................................................................................................. 88%
45,000 to 54,999.................................................................................................................. 91%
35,000 to 44,999.................................................................................................................. 94%
25,000 to 34,999.................................................................................................................. 97%
Less than 25,000................................................................................................................ 100%
(2) There shall be a minimum county distribution of $70,000 and no 
county shall receive less than  $70,000 of direct distribution moneys. If 
there is more than one PSAP in a county then the direct distribution 
allocated to that county by population shall be deducted from the 
minimum county distribution and the difference shall be proportionately 
divided between the PSAPs in the county. All moneys remaining after 
distribution, moneys withheld pursuant to K.S.A. 12-5368(b)(1), and 
amendments thereto, and any moneys that cannot be attributed to a 
specific PSAP or county shall be transferred to the 911 operations fund.
(b) All fees remitted to the LCPA shall be deposited in the 911 state 
fund and for the purposes of this act be treated as if they are public funds, 
pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and 
amendments thereto.
(c) All moneys in the 911 state fund that have been collected from the 
prepaid wireless 911 fee shall be deposited in the 911 operations fund 
unless $3 million of such moneys have been deposited in any given year 
then all remaining moneys shall be distributed to the counties in an amount 
proportional to each county's population as a percentage share of the 
population of the state. If there is more than one PSAP in a county, such 
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moneys shall be distributed to each PSAP in an amount proportional to the 
PSAP's population as a percentage share of the population of the county. If 
there is no PSAP within a county, then such moneys shall be distributed to 
the county. Moneys distributed to counties and PSAPs pursuant to this 
section only shall be used for the uses authorized in K.S.A. 12-5375, and 
amendments thereto.
(d) The LCPA shall keep accurate accounts of all receipts and 
disbursements of moneys from the 911 fees.
(e) Records provided by any provider to the LCPA or to the 911 
coordinating council state 911 board pursuant to this act shall be treated as 
proprietary records and shall be withheld from the public upon request of 
the provider submitting such records.
Sec. 25. On and after January 1, 2026, K.S.A. 12-5374, as amended 
by section 24 of this act, is hereby amended to read as follows: 12-5374. 
(a) (1) Except for the amounts withheld by the LCPA pursuant to K.S.A. 
12-5368(b) 12-5368, and amendments thereto, and any amounts withheld 
pursuant to section 4, and amendments thereto, not later than 30 days after 
the receipt of 911 fees from providers pursuant to K.S.A. 12-5370, and 
amendments thereto, and prepaid wireless 911 fees from the department 
pursuant to K.S.A. 12-5372, and amendments thereto, the LCPA state 911 
board shall distribute such moneys to the PSAPs or to counties that 
contract with other counties for the provision of 911 PSAP services 
pursuant to this section. The amount of money distributed to the PSAPs in 
each county, or to any county that contracts with another county for the 
provision of 911 PSAP services, shall be based upon the amount of 911 
fees collected from service users located in that county, based on place of 
primary use information provided by the providers, by using the following 
distribution method:
Population of county	Percentage of collected
911 fees to distribute
Over 80,000......................................................................................................................... 82%
65,000 to 79,999.................................................................................................................. 85%
55,000 to 64,999.................................................................................................................. 88%
45,000 to 54,999.................................................................................................................. 91%
35,000 to 44,999.................................................................................................................. 94%
25,000 to 34,999.................................................................................................................. 97%
Less than 25,000................................................................................................................ 100%
(2) There shall be a minimum county distribution of $70,000 and no 
county shall receive less than  $70,000 of direct distribution moneys. If 
there is more than one PSAP in a county then the direct distribution 
allocated to that county by population shall be deducted from the 
minimum county distribution and the difference shall be proportionately 
divided between the PSAPs in the county. All moneys remaining after 
distribution, moneys withheld pursuant to K.S.A. 12-5368(b)(1), and 
amendments thereto, and any moneys that cannot be attributed to a 
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specific PSAP or county shall be transferred to the 911 operations fund.
(b) All fees remitted to the LCPA shall be deposited in the 911 state 
fund and for the purposes of this act be treated as if they are public funds, 
pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and 
amendments thereto.
(c) All moneys in the 911 state fund that have been collected from the 
prepaid wireless 911 fee shall be deposited in the 911 operations fund 
unless $3 million of such moneys have been deposited in any given year 
then all remaining moneys shall be distributed to the counties in an amount 
proportional to each county's population as a percentage share of the 
population of the state. If there is more than one PSAP in a county, such 
moneys shall be distributed to each PSAP in an amount proportional to the 
PSAP's population as a percentage share of the population of the county. If 
there is no PSAP within a county, then such moneys shall be distributed to 
the county. Moneys distributed to counties and PSAPs pursuant to this 
section only shall be used for the uses authorized in K.S.A. 12-5375, and 
amendments thereto.
(d) The state 911 board and the LCPA shall keep accurate accounts of 
all receipts and disbursements of moneys from the 911 fees.
(e)(c) Records provided by any provider to the LCPA or to the state 
911 board pursuant to this act shall be treated as proprietary records and 
shall be withheld from the public upon request of the provider submitting 
such records.
Sec. 26. K.S.A. 12-5375 is hereby amended to read as follows: 12-
5375. (a) (1) The proceeds of the 911 fees imposed pursuant to this act 
moneys distributed to counties and PSAPs pursuant to K.S.A. 12-5374, 
and amendments thereto, and any interest earned on revenue derived from 
such fee moneys, shall be used only for necessary and reasonable costs 
incurred or to be incurred by counties and PSAPs for:
(1)(A) Implementation of 911 services;
(2)(B) purchase of 911 equipment and upgrades;
(3)(C) maintenance and license fees for 911 equipment;
(4)(D) training of personnel, not to include salaries;
(5)(E) monthly recurring charges billed by service suppliers;
(6)(F) installation, service establishment and nonrecurring start-up 
charges billed by the service supplier;
(7)(G) charges for capital improvements and equipment or other 
physical enhancements to the 911 system; or
(8)(H) the original acquisition and installation of road signs designed 
to aid in the delivery of emergency service. 
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make improvements 
to buildings or similar facilities. Such costs shall also not include 
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expenditures to purchase, procure, maintain or upgrade subscriber radio 
equipment.
(3) A county may contract with another county for the provision of 
911 PSAP services provided that the moneys distributed to such county 
pursuant to K.S.A. 12-5374, and amendments thereto, shall only be used 
as authorized by this section.
(b) The 911 coordinating council shall, pursuant to rules and 
regulations, establish a process for a PSAP or county that contracts with 
another county for the provision of 911 PSAP services, at the discretion of 
the PSAP, to seek pre-approval of an expenditure. The council shall 
respond in writing to any pre-approval request within 30 days and inform 
the PSAP if stating whether the requested expenditure is approved or 
disapproved. If the expenditure is disapproved, the written notification 
shall state the reason for the disapproval and such PSAP or county may, 
within 15 days after service of the notification, make a written request to 
the council to appeal the council's decision and for a hearing to be 
conducted in accordance with the provisions of the Kansas administrative 
procedure act.
(c) The 911 coordinating council shall annually review expenditures 
of 911 funds moneys reported on the annual report for each PSAP or 
county that contracts with another county for the provision of 911 PSAP 
services and shall appoint a committee to review such expenditures. If the 
committee determines that a reported expenditure was not authorized by 
this act, the committee shall request that the expenditure be refunded by 
the PSAP or county to the PSAP's or county's 911 account. If a PSAP or 
county does not concur with the finding of the committee, the PSAP or 
county may request a review of the decision of the committee before the 
911 coordinating council. If the 911 coordinating council, based upon 
information obtained from an audit of the PSAPs, determines that any 
PSAP or county has used any 911 fees for any purpose other than those 
authorized in this act, the governing body for such PSAP or county shall 
repay all such moneys used for any unauthorized purposes to the 911 fee 
fund of such PSAP or county. Upon a finding that the expenditure was 
made intentionally from the 911 fee fund of such PSAP for a purpose 
clearly established as an unauthorized expenditure, the 911 coordinating 
council may require such PSAP or county to pay the lesser of $500 or 
10%, of such misused moneys, to the LCPA for deposit in the 911 state 
grant fund. No such repayment of 911 fees shall be imposed pursuant to 
this section except upon the written order of the council. Such order shall 
state the unauthorized purposes for which the funds were used, the amount 
of funds to be repayed repaid and the right of such PSAP or county to 
appeal to a hearing before the Kansas office of administrative hearings. 
Any such PSAP or county may, within 15 days after service of the order, 
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make a written request to the council for a hearing thereon. Hearings under 
this subsection shall be conducted in accordance with the provisions of the 
Kansas administrative procedure act.
(d) Any final action of the council pursuant to subsection (b) or (c) is 
subject to review in accordance with the Kansas judicial review act.
Sec. 27. On and after July 1, 2025, K.S.A. 12-5375, as amended by 
section 26 of this act, is hereby amended to read as follows: 12-5375. (a) 
(1) The moneys distributed to counties and PSAPs pursuant to K.S.A. 12-
5374, and amendments thereto, and any interest earned on revenue derived 
from such moneys, shall be used only for necessary and reasonable costs 
incurred or to be incurred by counties and PSAPs for:
(A) Implementation of 911 services;
(B) purchase of 911 equipment and upgrades;
(C) maintenance and license fees for 911 equipment;
(D) training of personnel, not to include salaries;
(E) monthly recurring charges billed by service suppliers;
(F) installation, service establishment and nonrecurring start-up 
charges billed by the service supplier;
(G) charges for capital improvements and equipment or other 
physical enhancements to the 911 system; or
(H) the original acquisition and installation of road signs designed to 
aid in the delivery of emergency service. 
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make improvements 
to buildings or similar facilities. Such costs shall also not include 
expenditures to purchase, procure, maintain or upgrade subscriber radio 
equipment.
(3) A county may contract with another county for the provision of 
911 PSAP services provided that the moneys distributed to such county 
pursuant to K.S.A. 12-5374, and amendments thereto, shall only be used 
for the uses authorized pursuant to this section.
(b) The 911 coordinating council state 911 board shall, pursuant to 
rules and regulations, establish a process for a PSAP or county that 
contracts with another county for the provision of 911 PSAP services, to 
seek pre-approval of an expenditure. The council state 911 board shall 
respond in writing to any pre-approval request within 30 days and inform 
the PSAP stating whether the requested expenditure is approved or 
disapproved. If the expenditure is disapproved, the written notification 
shall state the reason for the disapproval and such PSAP or county may, 
within 15 days after service of the notification, make a written request to 
the council state 911 board to appeal the council's board's decision and for 
a hearing to be conducted in accordance with the provisions of the Kansas 
administrative procedure act.
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(c) The 911 coordinating council state 911 board shall annually 
review expenditures of 911 moneys reported on the annual report for each 
PSAP or county that contracts with another county for the provision of 911 
PSAP services and shall appoint a committee to review such expenditures. 
If the committee determines that a reported expenditure was not authorized 
by this act, the committee shall request that the expenditure be refunded by 
the PSAP or county to the PSAP's or county's 911 account. If a PSAP or 
county does not concur with the finding of the committee, the PSAP or 
county may request a review of the decision of the committee before the 
911 coordinating council state 911 board. If the 911 coordinating council 
state 911 board, based upon information obtained from an audit, 
determines that any PSAP or county has used any 911 fees for any purpose 
other than those authorized in this act, the governing body for such PSAP 
or county shall repay all such moneys used for any unauthorized purposes 
to the 911 fee fund of such PSAP or county. Upon a finding that the 
expenditure was made intentionally for a purpose clearly established as an 
unauthorized expenditure, the 911 coordinating council state 911 board 
may require such PSAP or county to pay the lesser of $500 or 10%, of 
such misused moneys, to the LCPA for deposit in the 911 state grant fund. 
No such repayment of 911 fees shall be imposed pursuant to this section 
except upon the written order of the council state 911 board. Such order 
shall state the unauthorized purposes for which the funds were used, the 
amount of funds to be repaid and the right of such PSAP or county to 
appeal to a hearing before the Kansas office of administrative hearings. 
Any such PSAP or county may, within 15 days after service of the order, 
make a written request to the council state 911 board for a hearing thereon. 
Hearings under this subsection shall be conducted in accordance with the 
provisions of the Kansas administrative procedure act.
(d) Any final action of the council state 911 board pursuant to 
subsection (b) or (c) is subject to review in accordance with the Kansas 
judicial review act.
Sec. 28. On and after January 1, 2026, K.S.A. 12-5375, as amended 
by section 27 of this act, is hereby amended to read as follows: 12-5375. 
(a) (1) The moneys distributed to counties and PSAPs pursuant to K.S.A. 
12-5374, and amendments thereto, and any interest earned on revenue 
derived from such moneys, shall be used only for necessary and 
reasonable costs incurred or to be incurred by counties and PSAPs for:
(A) Implementation of 911 services;
(B) purchase of 911 equipment and upgrades;
(C) maintenance and license fees for 911 equipment;
(D) training of personnel, not to include salaries;
(E) monthly recurring charges billed by service suppliers;
(F) installation, service establishment and nonrecurring start-up 
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charges billed by the service supplier;
(G) charges for capital improvements and equipment or other 
physical enhancements to the 911 system; or
(H) the original acquisition and installation of road signs designed to 
aid in the delivery of emergency service. 
(2) Such costs shall not include expenditures to lease, construct, 
expand, acquire, remodel, renovate, repair, furnish or make improvements 
to buildings or similar facilities. Such costs shall also not include 
expenditures to purchase, procure, maintain or upgrade subscriber radio 
equipment.
(3) A county may contract with another county for the provision of 
911 PSAP services provided that the moneys distributed to such county 
pursuant to K.S.A. 12-5374, and amendments thereto, shall only be used 
for the uses authorized pursuant to this section.
(b) The state 911 board shall, pursuant to rules and regulations, 
establish a process for a PSAP or county that contracts with another county 
for the provision of 911 PSAP services, to seek pre-approval of an 
expenditure. The state 911 board shall respond in writing to any pre-
approval request within 30 days and inform the PSAP stating whether the 
requested expenditure is approved or disapproved. If the expenditure is 
disapproved, the written notification shall state the reason for the 
disapproval and such PSAP or county may, within 15 days after service of 
the notification, make a written request to the state 911 board to appeal the 
board's decision and for a hearing to be conducted in accordance with the 
provisions of the Kansas administrative procedure act.
(c) The state 911 board shall annually review expenditures of 911 
moneys reported on the annual report for each PSAP or county that 
contracts with another county for the provision of 911 PSAP services and 
shall appoint a committee to review such expenditures. If the committee 
determines that a reported expenditure was not authorized by this act, the 
committee shall request that the expenditure be refunded by the PSAP or 
county to the PSAP's or county's 911 account. If a PSAP or county does 
not concur with the finding of the committee, the PSAP or county may 
request a review of the decision of the committee before the state 911 
board. If the state 911 board, based upon information obtained from an 
audit, determines that any PSAP or county has used any 911 fees for any 
purpose other than those authorized in this act, the governing body for 
such PSAP or county shall repay all such moneys used for any 
unauthorized purposes to the 911 fee fund of such PSAP or county. Upon a 
finding that the expenditure was made intentionally for a purpose clearly 
established as an unauthorized expenditure, the state 911 board may 
require such PSAP or county to pay the lesser of $500 or 10%, of such 
misused moneys, to the LCPA for deposit in the 911 state grant fund. 
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Upon receipt of any moneys paid pursuant to this subsection, the LCPA 
shall remit such moneys to the state treasurer in accordance with K.S.A. 
75-4215, and amendments thereto. Upon receipt of each such remittance, 
the state treasurer shall deposit the entire amount in the state treasury and 
credit such amount to the state 911 grant fund established pursuant to 
section 6, and amendments thereto. No such repayment of 911 fees shall 
be imposed pursuant to this section except upon the written order of the 
state 911 board. Such order shall state the unauthorized purposes for which 
the funds were used, the amount of funds to be repaid and the right of such 
PSAP or county to appeal to a hearing before the Kansas office of 
administrative hearings. Any such PSAP or county may, within 15 days 
after service of the order, make a written request to the state 911 board for 
a hearing thereon. Hearings under this subsection shall be conducted in 
accordance with the provisions of the Kansas administrative procedure act.
(d) Any final action of the state 911 board pursuant to subsection (b) 
or (c) is subject to review in accordance with the Kansas judicial review 
act.
Sec. 29. On and after July 1, 2025, K.S.A. 12-5377 is hereby 
amended to read as follows: 12-5377. (a) The receipts and disbursements 
of the LCPA shall be audited yearly by a licensed municipal accountant or 
certified public accountant.
(b) The LCPA state 911 board may require an audit of any provider's 
books and records concerning the collection and remittance of fees 
pursuant to this act. The cost of any such audit shall be paid from the 911 
operations fund.
(c) (1) On or before December 31, 2018, and at least once every five 
years thereafter, the division of post audit shall conduct an audit of the 911 
system to determine: (A) Whether the moneys received by PSAPs pursuant 
to this act are being used appropriately; (B) whether the amount of moneys 
collected pursuant to this act is adequate; and (C) the status of 911 service 
implementation. The auditor to conduct such audit shall be specified in 
accordance with K.S.A. 46-1122, and amendments thereto.
(2) The post auditor shall compute the reasonably anticipated cost of 
providing audits pursuant to this subsection, subject to review and 
approval by the contract audit committee established by K.S.A. 46-1120, 
and amendments thereto. Upon such approval, the division of post audit 
shall be reimbursed from the 911 operations fund for the amount approved 
by the contract audit committee. The audit report shall be submitted to the 
911 coordinating council, the LCPA, the house of representatives 
committee on energy, utilities and telecommunications and the senate 
committee on utilities.
(d) (1) On or before December 31, 2018, the division of post audit 
shall conduct an audit of the budget and expenditures of the 911 
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coordinating council. In conducting such audit, the division shall examine: 
(A) The annual expenses and financial needs, including personnel, of the 
council; (B) the total annual operating expenses of the council that are 
included in the 2.5% cap on expenditures pursuant to K.S.A. 12-5364(i), 
and amendments thereto; (C) the current and projected contractual 
expenses of the council; (D) the expenditures and distribution of moneys 
from the 911 state grant fund by the council; and (E) whether the moneys 
expended by the council are being used pursuant to this act. The auditor, to 
conduct such audit, shall be specified in accordance with K.S.A. 46-1122, 
and amendments thereto.
(2) The post auditor shall compute the reasonably anticipated cost of 
providing the audit pursuant to this subsection, subject to review and 
approval by the contract audit committee established by K.S.A. 46-1120, 
and amendments thereto. Upon such approval, the division of post audit 
shall be reimbursed from the 911 operations fund for the amount approved 
by the contract audit committee. The audit report shall be submitted to the 
911 coordinating council, the house of representatives committee on 
energy, utilities and telecommunications and the senate committee on 
utilities.
(e) The legislature shall review this act at the regular 2019 legislative 
session and at the regular legislative session every five years thereafter.
Sec. 30. K.S.A. 12-5364, 12-5368, 12-5374 and 12-5375 are hereby 
repealed.
Sec. 31. On and after July 1, 2025, K.S.A. 12-5362, 12-5363, 12-
5364, as amended by section 12 of this act, 12-5365, 12-5366, 12-5367, 
12-5368, as amended by section 16 of this act, 12-5369, 12-5370, 12-5371, 
12-5374, as amended by section 23 of this act, 12-5375, as amended by 
section 26 of this act, 12-5377, 12-5378 and 12-5379 are hereby repealed.
Sec. 32. On and after January 1, 2026, K.S.A. 12-5368, as amended 
by section 17 of this act, 12-5372, 12-5374, as amended by section 24 of 
this act, and 12-5375, as amended by section 27 of this act, are hereby 
repealed.
Sec. 33. This act shall take effect and be in force from and after its 
publication in the statute book.
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