Session of 2024
SENATE BILL No. 487
By Committee on Federal and State Affairs
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AN ACT concerning emergency communication services; relating to the
Kansas 911 act; authorizing counties to contract with other counties to
share services of 911 public safety answering points; authorizing
distributions of 911 fee moneys to counties for such purposes;
amending K.S.A. 12-5364, 12-5368, 12-5374, 12-5375 and 12-5377
and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. 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 another county for the provision of
911 services. In as much as possible, the council shall include individuals
with technical expertise regarding 911 systems, internet technology and
GIS technology.
(2) (A) The 911 coordinating council shall consist of 13 voting
members to be appointed by the governor:
(i) Two members representing information technology personnel
from government units;
(ii) one member representing the Kansas sheriff's association;
(iii) one member representing the Kansas association of chiefs of
police;
(iv) one member representing a fire chief;
(v) one member recommended by the adjutant general;
(vi) one member recommended by the Kansas emergency medical
services board;
(vii) one member recommended by the Kansas commission for the
deaf and hard of hearing;
(viii) two members representing PSAPs located in counties with less
than 75,000 in population;
(ix) two members representing PSAPs located in counties with
greater than 75,000 in population; and
(x) one member representing the Kansas chapter of the association of
public safety communications officials.
(B) At least two of the members representing PSAPs shall be
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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; one member
representing VoIP providers;
(D) one member recommended by the league of Kansas
municipalities;
(E) one member recommended by the Kansas association of counties;
(F) one member recommended by the Kansas geographic information
systems policy board;
(G) one member recommended by the Kansas office of information
technology services;
(H) one member, a Kansas resident, recommended by the Mid-
America regional council; and
(I) 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. This paragraph shall not apply to members appointed pursuant to
subsection (a)(3).
(2) The following members, whose terms began on the effective date
of this act, shall serve initial terms as follows:
(A) One member representing information technology personnel from
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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
another county for the provision of 911 services and to distribute 911
operations fund moneys and 911 state grant fund moneys as directed by
the council. The council shall adopt rules and regulations for the terms of
the contract with the LCPA. All contract terms and conditions shall satisfy
all contract requirements as established by the secretary of administration.
The council shall determine the compensation of the LCPA who shall
provide the council with any staffing necessary in carrying out the
business of the council or effectuating the provisions of this act. The
moneys used to reimburse these expenses shall be paid from the 911
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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 another county for the provision of 911 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
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
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a finding based on information submitted on the uniform reporting forms,
that moneys generated by such fee are in excess of the costs required to
operate PSAPs in the state.
(h) The council may appoint subcommittees as necessary to
administer grants, oversee collection and distribution of moneys by the
LCPA, develop technology standards, develop training recommendations
and other issues as deemed necessary by the council. Subcommittees, if
appointed, shall include members of the council and other persons as
needed.
(i) The council may reimburse independent contractors or state
agencies for expenses incurred in carrying out the business of the council,
including salaries, that are directly attributable to effectuating the
provisions of this act. The moneys used to reimburse these expenses shall
be paid from the 911 operations fund, pursuant to subsection (j).
(j) All expenses related to the council shall be paid from the 911
operations fund. No more than 2.0% of the total receipts from providers
and the department received by the LCPA shall be used to pay for
administrative expenses of the council. Members of the council and other
persons appointed to subcommittees by the council may receive
reimbursement for meals and travel expenses, but shall serve without other
compensation with the exception of legislative members who shall receive
compensation pursuant to K.S.A. 75-3212, and amendments thereto.
(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) (1) Each PSAP or county that contracts with another county for
the provision of 911 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 distributed by the LCPA to the PSAP
or county 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 services fails to file and finalize an annual report, the
council shall provide notice of such failure to the PSAP and, the governing
body of such PSAP and, if applicable, to the 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.
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(m) The council, upon a finding that a provider has violated any
provision of this act, may impose a civil penalty. No civil penalty shall be
imposed pursuant to this section except upon the written order of the
council. Such order shall state the violation, the penalty to be imposed and
the right of such person to appeal to a hearing before the council. Any such
person may, within 15 days after service of the order, make a written
request to the council for a hearing thereon. Hearings under this subsection
shall be conducted in accordance with the provisions of the Kansas
administrative procedure act.
(n) Any action of the council pursuant to subsection (m) is subject to
review in accordance with the Kansas judicial review act.
(o) Any civil penalty recovered pursuant to this section shall be
transferred to the LCPA for deposit in the 911 state grant fund.
(p) The 911 coordinating council shall make an annual report, to
include a detailed description of all expenditures made from 911 fees
received by the PSAPs and counties, to the house committee on energy,
utilities and telecommunications and the senate committee on utilities.
Sec. 2. 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 distributions 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 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 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 distributions pursuant to K.S.A. 12-
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5374, and amendments thereto, the LCPA shall withhold $.01 from every
911 fee remitted pursuant to K.S.A. 12-5369, and amendments thereto, and
shall deposit such amount in the 911 state grant fund. If the balance in the
911 state grant fund exceeds $2,000,000, the LCPA shall not withhold such
amount.
(c) The council shall be responsible for ensuring that the 911
operations fund and the 911 state grant fund and any interest earned on
money credited to the fund is only expended for the following purposes:
(1) Projects involving the development and implementation of next
generation 911 services; (2) costs associated with PSAP consolidation or
cost-sharing projects; (3) expenses related to the 911 coordinating council;
(4) costs of audits conducted pursuant to K.S.A. 12-5377, and amendments
thereto; and (5) other costs pursuant to K.S.A. 12-5375, and amendments
thereto.
(d) The council shall develop criteria for PSAPs for eligible
purchases and for grant applicants and make the final determination as to
the distribution of grant funds. Such criteria shall promote the procurement
of equipment that meets open architecture and national technical
standards. Distribution of grant funds shall not include expenditures to
procure, maintain or upgrade subscriber radio equipment.
(e) The LCPA shall be authorized to maintain an action to collect any
funds owed by any providers 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 such provider provides service.
Sec. 3. 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 pursuant to this section. The amount of money distributed to
the PSAPs in each county, or to any county that does not have a PSAP
located in such county and contracts with a PSAP for the provision of 911
services, shall be based upon the amount of 911 fees collected from service
users located in that county, based on place of primary use information
provided by the providers, by using the following distribution method:
Population of county Percentage of collected
where PSAP is located 911 fees to distribute
Over 80,000......................................................................................................................... 82%
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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 and no
county shall receive less than $60,000 of direct distribution moneysIf the
calculated amount for distribution within a county is less than $60,000,
then $60,000 shall be distributed for services within that county.
(3) If there is a single PSAP providing services within a county, such
PSAP shall receive the county's distribution. If there is more than one
PSAP in a county, then the direct distribution allocated to that county by
population shall be deducted from the minimum county distribution and
the difference distributions to each PSAP shall be proportionately divided
between the PSAPs in the county based on the population of the area each
PSAP serves.
(4) A county may contract with another county for the provision of
some or all of a county's PSAP services. If a county serves as the provider
of PSAP services for another county, both counties shall enter into a
contract or memorandum of agreement that addresses contingency plans
and overflow arrangements. Any such contract or memorandum of
agreement shall be approved by the council prior to the effective date of
the contract or memorandum of agreement. Any county contracting with
another county to have such other county provide all PSAP services for
the county shall request the LCPA to distribute a portion of not less than
50% of such county's direct distribution amount to the county with which
it is contracting for services.
(5) All moneys remaining after distribution, moneys withheld
pursuant to K.S.A. 12-5368(b)(1), and amendments thereto, and any
moneys that cannot be attributed to a specific PSAP or 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
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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
that contracts with a PSAP for the provision of 911 services pursuant to
K.S.A. 12-5375, and amendments thereto. 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
provider submitting such records.
Sec. 4. 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 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
expenditures to purchase, procure, maintain or upgrade subscriber radio
equipment.
(b) The 911 coordinating council shall, pursuant to rules and
regulations, establish a process for a PSAP or county, at the discretion of
the PSAP or county, 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 or county if 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
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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 and
county 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 to the PSAP's or county's 911 fee fund 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 any PSAP or county,
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 account of such PSAP or county. Upon a finding that
the expenditure was made intentionally from the 911 fee fund account of
such PSAP or county 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, 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. 5. 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 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 and counties pursuant to
this act are being used appropriately;
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(B) whether the amount of moneys collected pursuant to this act is
adequate; and
(C) the status of 911 service implementation.
(2) The auditor to conduct such audit shall be specified in accordance
with K.S.A. 46-1122, and amendments thereto.
(2)(3) The post auditor shall compute the reasonably anticipated cost
of providing audits pursuant to this subsection, subject to review and
approval by the contract audit committee established by K.S.A. 46-1120,
and amendments thereto. Upon such approval, the division of post audit
shall be reimbursed from the 911 operations fund for the amount approved
by the contract audit committee. The audit report shall be submitted to the
911 coordinating council, the LCPA, the house of representatives
committee on energy, utilities and telecommunications and the senate
committee on utilities.
(d) (1) On or before December 31, 2018, the division of post audit
shall conduct an audit of the budget and expenditures of the 911
coordinating council. In conducting such audit, the division shall examine:
(A) The annual expenses and financial needs, including personnel, of the
council; (B) the total annual operating expenses of the council that are
included in the 2.5% cap on expenditures pursuant to K.S.A. 12-5364(i),
and amendments thereto; (C) the current and projected contractual
expenses of the council; (D) the expenditures and distribution of moneys
from the 911 state grant fund by the council; and (E) whether the moneys
expended by the council are being used pursuant to this act. The auditor, to
conduct such audit, shall be specified in accordance with K.S.A. 46-1122,
and amendments thereto.
(2) The post auditor shall compute the reasonably anticipated cost of
providing the audit pursuant to this subsection, subject to review and
approval by the contract audit committee established by K.S.A. 46-1120,
and amendments thereto. Upon such approval, the division of post audit
shall be reimbursed from the 911 operations fund for the amount approved
by the contract audit committee. The audit report shall be submitted to the
911 coordinating council, the house of representatives committee on
energy, utilities and telecommunications and the senate committee on
utilities.
(e) The legislature shall review this act at the regular 2019 legislative
session and at the regular legislative session every five years thereafter.
Sec. 6. K.S.A. 12-5364, 12-5368, 12-5374, 12-5375 and 12-5377 are
hereby repealed.
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
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