Session of 2023
SENATE BILL No. 284
By Committee on Ways and Means
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AN ACT concerning disability services; relating to telecommunications
and information access services; establishing the blind information
access act; requiring the state librarian to contract with an organization
to provide on-demand information access services to persons who are
blind, visually impaired, deafblind or print disabled; establishing the
blind information access fund; requiring the transfer of moneys from
the Kansas universal service fund to provide for such services;
amending K.S.A. 66-2010 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) This act shall be known and may be cited as the
blind information access act.
(b) The state librarian shall estimate the cost of entering into a
contract with an organization that delivers on-demand information access
services to persons who are blind, visually impaired, deafblind, print
disabled or who have another disability. Such services shall provide access
to digital content through audio, electronic text and braille reading
technologies and other related services, including, but not limited to,
Kansas specific publications, national publications, international
publications, breaking news sources and localized emergency weather
alerts. Such on-demand information access services shall be provided
using telecommunication services or internet services.
(c) On or before January 8, 2024, the state librarian shall submit a
report to the legislature that specifies the estimate of the cost to enter into a
contract to provide such on-demand information access services.
(d) On March 15, 2024, and on March 15 each year thereafter, the
state librarian shall certify the cost to enter into or renew such contract to
the director of accounts and reports and the administrator of the Kansas
universal service fund. Upon receipt of such certification, the amount
certified shall be transferred by the administrator of the Kansas universal
service fund from the Kansas universal service fund to the state treasurer
who shall credit such amount to the blind information access fund.
(e) Upon receipt of the amount certified pursuant to subsection (d),
the state librarian shall enter into or renew the contract required pursuant
to this section.
(f) There is hereby created in the state treasury the blind information
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access fund. All moneys credited to the blind information access fund shall
be used by the state librarian to implement the provisions of this section.
All expenditures from the blind information access 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 state
librarian or the state librarian's designee.
(g) The state librarian shall promote the information access services
to persons who may be eligible for such services.
Sec. 2. K.S.A. 66-2010 is hereby amended to read as follows: 66-
2010. (a) The commission shall utilize a competitive bidding process to
select a neutral, competent and bonded third party to administer the KUSF.
(b) The administrator shall be responsible for: (1) Collecting and
auditing all relevant information from all qualifying telecommunications
public utilities, telecommunications carriers or wireless
telecommunications service providers receiving funds from or providing
funds to the KUSF; (2) verifying, based on the calculations of each
qualifying telecommunications carrier, telecommunications public utility
or wireless telecommunications service provider, the obligation of each
such qualifying carrier, utility or provider to generate the funds required by
the KUSF; (3) collecting all moneys due to the KUSF from all
telecommunications public utilities, telecommunications carriers and
wireless telecommunications service providers in the state; and (4)
distributing amounts on a monthly basis due to qualifying
telecommunications public utilities, wireless telecommunications service
providers and telecommunications carriers receiving KUSF funding.
(c) Any information made available or received by the administrator
from carriers, utilities or providers receiving funds from or providing
funds to the KUSF shall not be subject to any provisions of the Kansas
open records act and shall be considered confidential and proprietary.
(d) The administrator shall be authorized to maintain an action to
collect any funds owed by any telecommunications carrier, public utility or
wireless telecommunications provider in the district court in the county of
the registered office of such carrier, utility or provider or, if such carrier,
utility or provider does not have a registered office in the state, such an
action may be maintained in the county where such carrier's, utility's or
provider's principal office is located. If such carrier, utility or provider has
no principal office in the state, such an action may be maintained in the
district court of any county in which such carrier, utility or provider
provides service.
(e) (1) The KUSF administrator shall be responsible to ensure that
funds do not fall below the level necessary to pay all amounts collectively
owed to all qualifying telecommunications public utilities, wireless
telecommunications service providers and, telecommunications carriers
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and the information access services contracted for pursuant to section 1,
and amendments thereto. The administrator shall have the authority to
retain and invest in a prudent and reasonable manner any excess funds
collected in any period to help ensure that adequate funds are available to
cover amounts payable in other periods.
(2) Subject to the provisions of appropriations acts, for fiscal year
2013, the KUSF administrator may transfer moneys from the KUSF to the
state treasurer. Upon the receipt of any payment, the state treasurer shall
deposit the entire amount in the state treasury and credit it to the KAN-ED
fund. Any such payments shall be made after all payments required by
K.S.A. 66-2008, and amendments thereto, for the month are made from
the KUSF.
(2) Upon receipt of the certification from the state librarian issued
pursuant to section 1, and amendments thereto, the KUSF administrator
shall transfer the amount of moneys certified by the state librarian from
the KUSF to the state treasurer. Upon receipt of such payment, the state
treasurer shall deposit such amount in the state treasury and credit it to
the blind information access fund.
Sec. 3. K.S.A. 66-2010 is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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