As Amended by Senate Committee Session of 2024 SENATE BILL No. 487 By Committee on Federal and State Affairs 2-8 AN ACT concerning emergency communication services; relating to the Kansas 911 act; authorizing governing bodies of cities or counties to contract with other counties another governing body to share services of 911 public safety answering points; authorizing distributions of 911 fee moneys to counties governing bodies for such purposes; exempting the legislative members appointed to the 911 coordinating council from certain term limitations that apply to members of the council; 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 governing bodies that contract with another county governing body of a PSAP 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SB 487—Am. by SC 2 (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; 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). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 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 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 governing bodies that contract with another county governing body of a PSAP 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 4 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 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 governing bodies that contract with another county governing body of a PSAP 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 governing body that contracts with another county governing body of a PSAP 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 governing body that contracts with another governing body of a PSAP for the provision of 911 services. If, within 60 days of providing such notice, the council does not receive an acceptable proposal for the PSAP or county governing body 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 governing body 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 governing body that describes the areas the council believes to be inaccurate and a deadline of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 5 30 days for the PSAP or county governing body 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 governing body that contracts with another governing body of a PSAP for the provision of 911 services 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 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 governing body that contracts with another county governing body of a PSAP 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 governing body has spent the moneys earned from the 911 fee distributed by the LCPA to the PSAP or county governing body during the preceding calendar year. The council shall designate the content and form of such report and any associated 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 6 documentation that is required to finalize such report. (2) If a PSAP or county governing body that contracts with another county governing body of a PSAP 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 governing body that contracts with another governing body of a PSAP for the provision of 911 services. If such PSAP or county governing body 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 governing body pursuant to K.S.A. 12- 5373, and amendments thereto, shall be withheld by the LCPA and only distributed to such PSAP or county governing body 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 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 governing bodies that contract with another governing body of a PSAP for the provision of 911 services, 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 7 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- 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- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 8 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 governing bodies that contract with another governing body of a PSAP for the provision of 911 services. 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 governing body that contracts with another governing body of 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% 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 governing body's distribution, if any. 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 governing body may contract with another county governing body of a PSAP for the provision of some or all of a county's PSAP services. If a county governing body serves as the provider of PSAP services for another county governing body, both counties governing bodies 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 reviewed by the council with respect to the provisions that relate to contingency plans 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SB 487—Am. by SC 9 and overflow arrangements or that may conflict with the function of the statewide 911 system. If the 911 coordinating council determines that any such provisions are not acceptable, the 911 coordinating council and the governing bodies shall collaborate and work to resolve such concerns prior to the effective date of the contract or memorandum of agreement. Any county governing body contracting with another county to have such other county provide all governing body of a PSAP for the provision of PSAP services for the county shall request establish in the contract or memorandum of agreement an agreed-upon percentage of the governing body's distribution amount for 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 to the governing body of the PSAP that is providing the 911 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 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 governing body that contracts with another governing body of a PSAP for the provision of 911 services pursuant to K.S.A. 12-5375, and amendments thereto. Such Moneys distributed to counties governing bodies 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 10 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 governing bodies 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) maintenance and updates that are necessary to maintain accurate GIS data; or (I) 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 governing body, at the discretion of the PSAP or county governing body, 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 governing body 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 governing body 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 and county governing body that contracts with another governing body of a PSAP for the provision of 911 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 governing body to the PSAP's or county's governing body's 911 fee fund account. If a PSAP or 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 11 county governing body does not concur with the finding of the committee, the PSAP or county governing body 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 governing body, determines that any PSAP or county governing body has used any 911 fees for any purpose other than those authorized in this act, the governing body for such PSAP or county governing body that contracts with another governing body of a PSAP for the provision of 911 services shall repay all such moneys used for any unauthorized purposes to the 911 fee fund account of such PSAP or county governing body. Upon a finding that the expenditure was made intentionally from the 911 fee fund account of such PSAP or county governing body for a purpose clearly established as an unauthorized expenditure, the 911 coordinating council may require such PSAP or county governing body 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 governing body to appeal to a hearing before the Kansas office of administrative hearings. Any such PSAP or county governing body 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 governing bodies 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. (2) The auditor to conduct such audit shall be specified in accordance with K.S.A. 46-1122, and amendments thereto. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SB 487—Am. by SC 12 (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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36