Kansas 2023-2024 Regular Session

Kansas Senate Bill SB487 Compare Versions

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1	1	Session of 2024
2	2	SENATE BILL No. 487
3	3	By Committee on Federal and State Affairs
4	4	2-8
5	5	AN ACT concerning emergency communication services; relating to the
6	6	Kansas 911 act; authorizing counties to contract with other counties to
7	7	share services of 911 public safety answering points; authorizing
8	8	distributions of 911 fee moneys to counties for such purposes;
9	9	amending K.S.A. 12-5364, 12-5368, 12-5374, 12-5375 and 12-5377
10	10	and repealing the existing sections.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	Section 1. K.S.A. 12-5364 is hereby amended to read as follows: 12-
13	13	5364. (a) (1) There is hereby created the 911 coordinating council which
14	14	shall monitor the delivery of 911 services, develop strategies for future
15	15	enhancements to the 911 system and distribute available grant funds to
16	16	PSAPs and counties that contract with another county for the provision of
17	17	911 services. In as much as possible, the council shall include individuals
18	18	with technical expertise regarding 911 systems, internet technology and
19	19	GIS technology.
20	20	(2) (A) The 911 coordinating council shall consist of 13 voting
21	21	members to be appointed by the governor:
22	22	(i) Two members representing information technology personnel
23	23	from government units;
24	24	(ii) one member representing the Kansas sheriff's association;
25	25	(iii) one member representing the Kansas association of chiefs of
26	26	police;
27	27	(iv) one member representing a fire chief;
28	28	(v) one member recommended by the adjutant general;
29	29	(vi) one member recommended by the Kansas emergency medical
30	30	services board;
31	31	(vii) one member recommended by the Kansas commission for the
32	32	deaf and hard of hearing;
33	33	(viii) two members representing PSAPs located in counties with less
34	34	than 75,000 in population;
35	35	(ix) two members representing PSAPs located in counties with
36	36	greater than 75,000 in population; and
37	37	(x) one member representing the Kansas chapter of the association of
38	38	public safety communications officials.
39	39	(B) At least two of the members representing PSAPs shall be
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76	76	administrators of a PSAP or have extensive prior 911 experience in
77	77	Kansas.
78	78	(3) Other voting members of the 911 coordinating council shall
79	79	include:
80	80	(A) One member of the Kansas house of representatives as appointed
81	81	by the speaker of the house;
82	82	(B) one member of the Kansas house of representatives as appointed
83	83	by the minority leader of the house;
84	84	(C) one member of the Kansas senate as appointed by the senate
85	85	president; and
86	86	(D) one member of the Kansas senate as appointed by the senate
87	87	minority leader.
88	88	(4) The 911 coordinating council shall also include nonvoting
89	89	members to be appointed by the governor:
90	90	(A) One member representing rural telecommunications companies
91	91	recommended by the Kansas rural independent telephone companies;
92	92	(B) one member representing incumbent local exchange carriers with
93	93	over 50,000 access lines;
94	94	(C) one member representing large wireless providers; one member
95	95	representing VoIP providers;
96	96	(D) one member recommended by the league of Kansas
97	97	municipalities;
98	98	(E) one member recommended by the Kansas association of counties;
99	99	(F) one member recommended by the Kansas geographic information
100	100	systems policy board;
101	101	(G) one member recommended by the Kansas office of information
102	102	technology services;
103	103	(H) one member, a Kansas resident, recommended by the Mid-
104	104	America regional council; and
105	105	(I) two members representing non-traditional PSAPs, one of whom
106	106	shall be a representative of tribal government.
107	107	(b) (1) Except as provided in subsection (b)(2) and (b)(3), the terms
108	108	of office for Voting members of the 911 coordinating council shall
109	109	commence on the effective date of this act and shall be subject to
110	110	reappointment every serve for a term of three years. No voting member
111	111	shall serve longer than two successive three-year terms. A voting member
112	112	appointed as a replacement for another voting member may finish the term
113	113	of the predecessor and may serve two additional successive three-year
114	114	terms. This paragraph shall not apply to members appointed pursuant to
115	115	subsection (a)(3).
116	116	(2) The following members, whose terms began on the effective date
117	117	of this act, shall serve initial terms as follows:
118	118	(A) One member representing information technology personnel from
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162	162	government units, one member recommended by the adjutant general, one
163	163	member representing PSAPs located in counties with less than 75,000 in
164	164	population and one member representing PSAPs located in counties with
165	165	75,000 or more in population shall serve a term of two years;
166	166	(B) one member representing information technology personnel from
167	167	government units, one member recommended by the Kansas emergency
168	168	medical services board, one member representing PSAPs located in
169	169	counties with less than 75,000 in population and one member representing
170	170	PSAPs without regard to size shall serve a term of three years; and
171	171	(C) one member representing a fire chief, one member recommended
172	172	by the Kansas commission for the deaf and hard of hearing, one member
173	173	representing the Kansas association of chiefs of police and one member
174	174	representing PSAPs located in counties with 75,000 or more in population
175	175	shall serve a term of four years.
176	176	(3) The initial term for one member representing the Kansas sheriff's
177	177	association shall begin on July 1, 2014, and be for a period of three years.
178	178	(4) The terms of members specified in this subsection shall expire on
179	179	June 30 in the last year of such member's term.
180	180	(c) (1) The governor shall select the chair of the 911 coordinating
181	181	council, who shall serve at the pleasure of the governor and have extensive
182	182	prior 911 experience in Kansas.
183	183	(2) The chair shall serve as the coordinator of E-911 services and next
184	184	generation 911 services in the state, implement statewide 911 planning,
185	185	have the authority to sign all certifications required under 47 C.F.R. part
186	186	400 and administer the 911 federal grant fund and 911 state maintenance
187	187	fund. The chair shall serve subject to the direction of the council and
188	188	ensure that policies adopted by the council are carried out. The chair shall
189	189	serve as the liaison between the council and the LCPA. The chair shall
190	190	preside over all meetings of the council and assist the council in
191	191	effectuating the provisions of this act.
192	192	(d) The 911 coordinating council, by an affirmative vote of nine
193	193	voting members, shall select the local collection point administrator,
194	194	pursuant to K.S.A. 12-5367, and amendments thereto, to collect 911 fees
195	195	and to distribute such fees to PSAPs and counties that contract with
196	196	another county for the provision of 911 services and to distribute 911
197	197	operations fund moneys and 911 state grant fund moneys as directed by
198	198	the council. The council shall adopt rules and regulations for the terms of
199	199	the contract with the LCPA. All contract terms and conditions shall satisfy
200	200	all contract requirements as established by the secretary of administration.
201	201	The council shall determine the compensation of the LCPA who shall
202	202	provide the council with any staffing necessary in carrying out the
203	203	business of the council or effectuating the provisions of this act. The
204	204	moneys used to reimburse these expenses shall be paid from the 911
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248	248	operations fund, pursuant to subsection (j).
249	249	(e) (1) The 911 coordinating council is hereby authorized to adopt
250	250	rules and regulations necessary to effectuate the provisions of this act,
251	251	including, but not limited to:
252	252	(A) Creating a uniform reporting form designating how moneys,
253	253	including 911 fees, have been spent by the PSAPs and counties that
254	254	contract with another county for the provision of 911 services;
255	255	(B) requiring service providers to notify the council pursuant to
256	256	subsection (k);
257	257	(C) establishing standards for coordinating and purchasing
258	258	equipment;
259	259	(D) recommending standards for general operations training of PSAP
260	260	personnel;
261	261	(E) establishing training standards and programs related to the
262	262	technology and operations of the NG911 hosted solution;
263	263	(F) establishing data standards, maintenance policies and data
264	264	reporting requirements for GIS data; and
265	265	(G) assessing civil penalties pursuant to subsection (m).
266	266	(2) The chair of the council shall work with the council to adopt rules
267	267	and regulations necessary for the administration of this act, but the council
268	268	shall not adopt any rules and regulations or impose any requirements that
269	269	creates a mandatory certification program of PSAP operations or PSAP
270	270	emergency communications personnel.
271	271	(f) If the 911 coordinating council finds that the GIS data for a PSAP
272	272	or county that contracts with another county for the provision of 911
273	273	services is inaccurate or has not been updated for one year or more, the
274	274	council shall give written notice to the governing body that oversees the
275	275	PSAP or county. If, within 60 days of providing such notice, the council
276	276	does not receive an acceptable proposal for the PSAP or county to bring
277	277	the GIS data into compliance, the council may contract with a third party
278	278	to review and update the GIS data. A PSAP or county with GIS data that
279	279	has not been updated for one year or more may provide a certification
280	280	attesting that the GIS data has been reviewed and remains accurate. If the
281	281	council receives such certification and has information that the data may
282	282	not be accurate, the council shall provide a written notice to the PSAP or
283	283	county that describes the areas the council believes to be inaccurate and a
284	284	deadline of 30 days for the PSAP or county to submit updated GIS data. If
285	285	the updated GIS data is not received within the deadline, the council may
286	286	contract with a third party to review and update the GIS data. The council
287	287	shall assess the governing body that oversees the PSAP or county for any
288	288	costs incurred in updating the GIS data.
289	289	(g) The council may, pursuant to rules and regulations, lower the 911
290	290	fee established pursuant to K.S.A. 12-5369, and amendments thereto, upon
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334	334	a finding based on information submitted on the uniform reporting forms,
335	335	that moneys generated by such fee are in excess of the costs required to
336	336	operate PSAPs in the state.
337	337	(h) The council may appoint subcommittees as necessary to
338	338	administer grants, oversee collection and distribution of moneys by the
339	339	LCPA, develop technology standards, develop training recommendations
340	340	and other issues as deemed necessary by the council. Subcommittees, if
341	341	appointed, shall include members of the council and other persons as
342	342	needed.
343	343	(i) The council may reimburse independent contractors or state
344	344	agencies for expenses incurred in carrying out the business of the council,
345	345	including salaries, that are directly attributable to effectuating the
346	346	provisions of this act. The moneys used to reimburse these expenses shall
347	347	be paid from the 911 operations fund, pursuant to subsection (j).
348	348	(j) All expenses related to the council shall be paid from the 911
349	349	operations fund. No more than 2.0% of the total receipts from providers
350	350	and the department received by the LCPA shall be used to pay for
351	351	administrative expenses of the council. Members of the council and other
352	352	persons appointed to subcommittees by the council may receive
353	353	reimbursement for meals and travel expenses, but shall serve without other
354	354	compensation with the exception of legislative members who shall receive
355	355	compensation pursuant to K.S.A. 75-3212, and amendments thereto.
356	356	(k) Every provider shall submit contact information for the provider
357	357	to the council. Any provider that has not previously provided wireless
358	358	telecommunications service in this state shall submit contact information
359	359	for the provider to the council within three months of first offering
360	360	wireless telecommunications services in this state.
361	361	(l) (1) Each PSAP or county that contracts with another county for
362	362	the provision of 911 services shall file an annual report with the council by
363	363	March 1 of each year demonstrating how such PSAP or county has spent
364	364	the moneys earned from the 911 fee distributed by the LCPA to the PSAP
365	365	or county during the preceding calendar year. The council shall designate
366	366	the content and form of such report and any associated documentation that
367	367	is required to finalize such report.
368	368	(2) If a PSAP or county that contracts with another county for the
369	369	provision of 911 services fails to file and finalize an annual report, the
370	370	council shall provide notice of such failure to the PSAP and, the governing
371	371	body of such PSAP and, if applicable, to the county. If such PSAP or
372	372	county fails to file or finalize an annual report within 60 days of receiving
373	373	such notice, 10% of each subsequent distribution of 911 fees to such PSAP
374	374	or county pursuant to K.S.A. 12-5373, and amendments thereto, shall be
375	375	withheld by the LCPA and only distributed to such PSAP or county once
376	376	the report has been submitted.
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420	420	(m) The council, upon a finding that a provider has violated any
421	421	provision of this act, may impose a civil penalty. No civil penalty shall be
422	422	imposed pursuant to this section except upon the written order of the
423	423	council. Such order shall state the violation, the penalty to be imposed and
424	424	the right of such person to appeal to a hearing before the council. Any such
425	425	person may, within 15 days after service of the order, make a written
426	426	request to the council for a hearing thereon. Hearings under this subsection
427	427	shall be conducted in accordance with the provisions of the Kansas
428	428	administrative procedure act.
429	429	(n) Any action of the council pursuant to subsection (m) is subject to
430	430	review in accordance with the Kansas judicial review act.
431	431	(o) Any civil penalty recovered pursuant to this section shall be
432	432	transferred to the LCPA for deposit in the 911 state grant fund.
433	433	(p) The 911 coordinating council shall make an annual report, to
434	434	include a detailed description of all expenditures made from 911 fees
435	435	received by the PSAPs and counties, to the house committee on energy,
436	436	utilities and telecommunications and the senate committee on utilities.
437	437	Sec. 2. K.S.A. 12-5368 is hereby amended to read as follows: 12-
438	438	5368. (a) Upon the approval of the 911 coordinating council, the LCPA
439	439	shall establish the following funds, which shall not be a part of the state
440	440	treasury: (1) The 911 state fund for the collection and distribution of 911
441	441	fees; (2) the 911 operations fund for administrative costs of the 911
442	442	coordinating council and deployment and maintenance of the statewide
443	443	NG911 system; and (3) the 911 state grant fund for grants to individual
444	444	PSAPs. All moneys originating from 911 fees, and any interest accrued on
445	445	such fees, shall be paid to the LCPA for deposit in the 911 state fund or
446	446	911 operations fund pursuant to subsection (b). All unobligated federal
447	447	moneys, and any interest accrued on such moneys, shall be transferred to
448	448	the 911 federal grant fund.
449	449	(b) (1) Except as provided for in paragraph (2), prior to the
450	450	distribution to the PSAPs distributions pursuant to K.S.A. 12-5374, and
451	451	amendments thereto, the LCPA shall withhold $.23 from every 911 fee
452	452	remitted pursuant to K.S.A. 12-5369, and amendments thereto, and shall
453	453	deposit such amount in the 911 operations fund for the deployment and
454	454	maintenance of the statewide NG911 system and standardized
455	455	functionality upgrades to that system.
456	456	(2) If the funds withheld from distribution pursuant to paragraph (1)
457	457	exceed 15% of the total receipts received by the LCPA from providers and
458	458	the department over the prior three years, such funds in excess of that 15%
459	459	total shall be deposited in the 911 state grant fund and used for PSAP
460	460	grants based on demonstrated need pursuant to subsection (d).
461	461	(3) If the balance in the 911 state grant fund is less than $2,000,000,
462	462	prior to the distribution to the PSAPs distributions pursuant to K.S.A. 12-
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506	506	5374, and amendments thereto, the LCPA shall withhold $.01 from every
507	507	911 fee remitted pursuant to K.S.A. 12-5369, and amendments thereto, and
508	508	shall deposit such amount in the 911 state grant fund. If the balance in the
509	509	911 state grant fund exceeds $2,000,000, the LCPA shall not withhold such
510	510	amount.
511	511	(c) The council shall be responsible for ensuring that the 911
512	512	operations fund and the 911 state grant fund and any interest earned on
513	513	money credited to the fund is only expended for the following purposes:
514	514	(1) Projects involving the development and implementation of next
515	515	generation 911 services; (2) costs associated with PSAP consolidation or
516	516	cost-sharing projects; (3) expenses related to the 911 coordinating council;
517	517	(4) costs of audits conducted pursuant to K.S.A. 12-5377, and amendments
518	518	thereto; and (5) other costs pursuant to K.S.A. 12-5375, and amendments
519	519	thereto.
520	520	(d) The council shall develop criteria for PSAPs for eligible
521	521	purchases and for grant applicants and make the final determination as to
522	522	the distribution of grant funds. Such criteria shall promote the procurement
523	523	of equipment that meets open architecture and national technical
524	524	standards. Distribution of grant funds shall not include expenditures to
525	525	procure, maintain or upgrade subscriber radio equipment.
526	526	(e) The LCPA shall be authorized to maintain an action to collect any
527	527	funds owed by any providers in the district court in the county of the
528	528	registered office of such provider or, if such provider does not have a
529	529	registered office in the state, such an action may be maintained in the
530	530	county where such provider's principal office is located. If such provider
531	531	has no principal office in the state, such an action may be maintained in
532	532	the district court of any county in which such provider provides service.
533	533	Sec. 3. K.S.A. 12-5374 is hereby amended to read as follows: 12-
534	534	5374. (a) (1) Except for the amounts withheld by the LCPA pursuant to
535	535	K.S.A. 12-5368(b), and amendments thereto, and any amounts withheld
536	536	pursuant to K.S.A. 12-5364(l), and amendments thereto, not later than 30
537	537	days after the receipt of moneys 911 fees from providers pursuant to
538	538	K.S.A. 12-5370 and 12-5371, and amendments thereto, and prepaid
539	539	wireless 911 fees from the department pursuant to K.S.A. 12-5372, and
540	540	amendments thereto, the LCPA shall distribute such moneys to the PSAPs
541	541	or to counties pursuant to this section. The amount of money distributed to
542	542	the PSAPs in each county, or to any county that does not have a PSAP
543	543	located in such county and contracts with a PSAP for the provision of 911
544	544	services, shall be based upon the amount of 911 fees collected from service
545	545	users located in that county, based on place of primary use information
546	546	provided by the providers, by using the following distribution method:
547	547	Population of county Percentage of collected
548	548	where PSAP is located 911 fees to distribute
549	549	Over 80,000......................................................................................................................... 82%
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594	594	65,000 to 79,999.................................................................................................................. 85%
595	595	55,000 to 64,999.................................................................................................................. 88%
596	596	45,000 to 54,999.................................................................................................................. 91%
597	597	35,000 to 44,999.................................................................................................................. 94%
598	598	25,000 to 34,999.................................................................................................................. 97%
599	599	Less than 25,000................................................................................................................ 100%
600	600	(2) There shall be a minimum county distribution of $60,000 and no
601	601	county shall receive less than $60,000 of direct distribution moneysIf the
602	602	calculated amount for distribution within a county is less than $60,000,
603	603	then $60,000 shall be distributed for services within that county.
604	604	(3) If there is a single PSAP providing services within a county, such
605	605	PSAP shall receive the county's distribution. If there is more than one
606	606	PSAP in a county, then the direct distribution allocated to that county by
607	607	population shall be deducted from the minimum county distribution and
608	608	the difference distributions to each PSAP shall be proportionately divided
609	609	between the PSAPs in the county based on the population of the area each
610	610	PSAP serves.
611	611	(4) A county may contract with another county for the provision of
612	612	some or all of a county's PSAP services. If a county serves as the provider
613	613	of PSAP services for another county, both counties shall enter into a
614	614	contract or memorandum of agreement that addresses contingency plans
615	615	and overflow arrangements. Any such contract or memorandum of
616	616	agreement shall be approved by the council prior to the effective date of
617	617	the contract or memorandum of agreement. Any county contracting with
618	618	another county to have such other county provide all PSAP services for
619	619	the county shall request the LCPA to distribute a portion of not less than
620	620	50% of such county's direct distribution amount to the county with which
621	621	it is contracting for services.
622	622	(5) All moneys remaining after distribution, moneys withheld
623	623	pursuant to K.S.A. 12-5368(b)(1), and amendments thereto, and any
624	624	moneys that cannot be attributed to a specific PSAP or county shall be
625	625	transferred to the 911 operations fund.
626	626	(b) All fees remitted to the LCPA shall be deposited in the 911 state
627	627	fund and for the purposes of this act be treated as if they are public funds,
628	628	pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and
629	629	amendments thereto.
630	630	(c) All moneys in the 911 state fund that have been collected from the
631	631	prepaid wireless 911 fee shall be deposited in the 911 operations fund
632	632	unless $3 million of such moneys have been deposited in any given year,
633	633	then all remaining moneys shall be distributed to the counties in an amount
634	634	proportional to each county's population as a percentage share of the
635	635	population of the state. For each PSAP within If there is more than one
636	636	PSAP in a county, such moneys shall be distributed to each PSAP in an
637	637	amount proportional to the PSAP's population as a percentage share of the
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683	683	population of the county. If there is no PSAP within a county, then such
684	684	moneys shall be distributed to the PSAP providing service to such county
685	685	that contracts with a PSAP for the provision of 911 services pursuant to
686	686	K.S.A. 12-5375, and amendments thereto. Such Moneys distributed to
687	687	counties and PSAPs pursuant to this section only shall be used for the uses
688	688	authorized in K.S.A. 12-5375, and amendments thereto.
689	689	(d) The LCPA shall keep accurate accounts of all receipts and
690	690	disbursements of moneys from the 911 fees.
691	691	(e) InformationRecords provided by providers any provider to the
692	692	local collection point administrator LCPA or to the 911 coordinating
693	693	council pursuant to this act will shall be treated as proprietary records that
694	694	will and shall be withheld from the public upon request of the party
695	695	provider submitting such records.
696	696	Sec. 4. K.S.A. 12-5375 is hereby amended to read as follows: 12-
697	697	5375. (a) (1) The proceeds of the 911 fees imposed pursuant to this act
698	698	moneys distributed to counties and PSAPs pursuant to K.S.A. 12-5374,
699	699	and amendments thereto, and any interest earned on revenue derived from
700	700	such fee moneys, shall be used only for necessary and reasonable costs
701	701	incurred or to be incurred by PSAPs for:
702	702	(1)(A) Implementation of 911 services;
703	703	(2)(B) purchase of 911 equipment and upgrades;
704	704	(3)(C) maintenance and license fees for 911 equipment;
705	705	(4)(D) training of personnel, not to include salaries;
706	706	(5)(E) monthly recurring charges billed by service suppliers;
707	707	(6)(F) installation, service establishment and nonrecurring start-up
708	708	charges billed by the service supplier;
709	709	(7)(G) charges for capital improvements and equipment or other
710	710	physical enhancements to the 911 system; or
711	711	(8)(H) the original acquisition and installation of road signs designed
712	712	to aid in the delivery of emergency service.
713	713	(2) Such costs shall not include expenditures to lease, construct,
714	714	expand, acquire, remodel, renovate, repair, furnish or make improvements
715	715	to buildings or similar facilities. Such costs shall also not include
716	716	expenditures to purchase, procure, maintain or upgrade subscriber radio
717	717	equipment.
718	718	(b) The 911 coordinating council shall, pursuant to rules and
719	719	regulations, establish a process for a PSAP or county, at the discretion of
720	720	the PSAP or county, to seek pre-approval of an expenditure. The council
721	721	shall respond in writing to any pre-approval request within 30 days and
722	722	inform the PSAP or county if the requested expenditure is approved or
723	723	disapproved. If the expenditure is disapproved, the written notification
724	724	shall state the reason for the disapproval and such PSAP or county may,
725	725	within 15 days after service of the notification, make a written request to
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769	769	the council to appeal the council's decision and for a hearing to be
770	770	conducted in accordance with the provisions of the Kansas administrative
771	771	procedure act.
772	772	(c) The 911 coordinating council shall annually review expenditures
773	773	of 911 funds moneys reported on the annual report for each PSAP and
774	774	county and shall appoint a committee to review such expenditures. If the
775	775	committee determines that a reported expenditure was not authorized by
776	776	this act, the committee shall request that the expenditure be refunded by
777	777	the PSAP to the PSAP's or county's 911 fee fund account. If a PSAP or
778	778	county does not concur with the finding of the committee, the PSAP or
779	779	county may request a review of the decision of the committee before the
780	780	911 coordinating council. If the 911 coordinating council, based upon
781	781	information obtained from an audit of the PSAPs any PSAP or county,
782	782	determines that any PSAP or county has used any 911 fees for any purpose
783	783	other than those authorized in this act, the governing body for such PSAP
784	784	or county shall repay all such moneys used for any unauthorized purposes
785	785	to the 911 fee fund account of such PSAP or county. Upon a finding that
786	786	the expenditure was made intentionally from the 911 fee fund account of
787	787	such PSAP or county for a purpose clearly established as an unauthorized
788	788	expenditure, the 911 coordinating council may require such PSAP or
789	789	county to pay the lesser of $500 or 10%, of such misused moneys, to the
790	790	LCPA for deposit in the 911 state grant fund. No such repayment of 911
791	791	fees shall be imposed pursuant to this section except upon the written
792	792	order of the council. Such order shall state the unauthorized purposes for
793	793	which the funds were used, the amount of funds to be repayed repaid and
794	794	the right of such PSAP or county to appeal to a hearing before the Kansas
795	795	office of administrative hearings. Any such PSAP or county may, within
796	796	15 days after service of the order, make a written request to the council for
797	797	a hearing thereon. Hearings under this subsection shall be conducted in
798	798	accordance with the provisions of the Kansas administrative procedure act.
799	799	(d) Any final action of the council pursuant to subsection (b) or (c) is
800	800	subject to review in accordance with the Kansas judicial review act.
801	801	Sec. 5. K.S.A. 12-5377 is hereby amended to read as follows: 12-
802	802	5377. (a) The receipts and disbursements of the LCPA shall be audited
803	803	yearly by a licensed municipal accountant or certified public accountant.
804	804	(b) The LCPA may require an audit of any provider's books and
805	805	records concerning the collection and remittance of fees pursuant to this
806	806	act. The cost of any such audit shall be paid from the 911 operations fund.
807	807	(c) (1) On or before December 31, 2018, and at least once every five
808	808	years thereafter, the division of post audit shall conduct an audit of the 911
809	809	system to determine:
810	810	(A) Whether the moneys received by PSAPs and counties pursuant to
811	811	this act are being used appropriately;
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855	855	(B) whether the amount of moneys collected pursuant to this act is
856	856	adequate; and
857	857	(C) the status of 911 service implementation.
858	858	(2) The auditor to conduct such audit shall be specified in accordance
859	859	with K.S.A. 46-1122, and amendments thereto.
860	860	(2)(3) The post auditor shall compute the reasonably anticipated cost
861	861	of providing audits pursuant to this subsection, subject to review and
862	862	approval by the contract audit committee established by K.S.A. 46-1120,
863	863	and amendments thereto. Upon such approval, the division of post audit
864	864	shall be reimbursed from the 911 operations fund for the amount approved
865	865	by the contract audit committee. The audit report shall be submitted to the
866	866	911 coordinating council, the LCPA, the house of representatives
867	867	committee on energy, utilities and telecommunications and the senate
868	868	committee on utilities.
869	869	(d) (1) On or before December 31, 2018, the division of post audit
870	870	shall conduct an audit of the budget and expenditures of the 911
871	871	coordinating council. In conducting such audit, the division shall examine:
872	872	(A) The annual expenses and financial needs, including personnel, of the
873	873	council; (B) the total annual operating expenses of the council that are
874	874	included in the 2.5% cap on expenditures pursuant to K.S.A. 12-5364(i),
875	875	and amendments thereto; (C) the current and projected contractual
876	876	expenses of the council; (D) the expenditures and distribution of moneys
877	877	from the 911 state grant fund by the council; and (E) whether the moneys
878	878	expended by the council are being used pursuant to this act. The auditor, to
879	879	conduct such audit, shall be specified in accordance with K.S.A. 46-1122,
880	880	and amendments thereto.
881	881	(2) The post auditor shall compute the reasonably anticipated cost of
882	882	providing the audit pursuant to this subsection, subject to review and
883	883	approval by the contract audit committee established by K.S.A. 46-1120,
884	884	and amendments thereto. Upon such approval, the division of post audit
885	885	shall be reimbursed from the 911 operations fund for the amount approved
886	886	by the contract audit committee. The audit report shall be submitted to the
887	887	911 coordinating council, the house of representatives committee on
888	888	energy, utilities and telecommunications and the senate committee on
889	889	utilities.
890	890	(e) The legislature shall review this act at the regular 2019 legislative
891	891	session and at the regular legislative session every five years thereafter.
892	892	Sec. 6. K.S.A. 12-5364, 12-5368, 12-5374, 12-5375 and 12-5377 are
893	893	hereby repealed.
894	894	Sec. 7. This act shall take effect and be in force from and after its
895	895	publication in the statute book.
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