12-5362 Kansas 911 Act.
12-5362. Kansas 911 Act. K.S.A. 2021 Supp. 12-5362 through 12-5381, and amendments thereto, shall be known and may be cited as the Kansas 911 act. History: L. 2011, ch. 84, § 1; May 26.
12-5363 Definitions.
12-5363. Definitions. As used in the Kansas 911 act: (a) ”Consumer” means a person who purchases prepaid wireless service in a retail transaction. (b) ”Department” means the Kansas department of revenue. (c) ”Enhanced 911 service” or “E-911 service” means an emergency telephone service that generally may provide, but is not limited to, selective routing, automatic […]
12-5364 911 coordinating council; composition; terms; powers and duties, limitations; expenses; annual report.
12-5364. 911 coordinating council; composition; terms; powers and duties, limitations; expenses; annual report. (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. In as much as possible, the council shall […]
12-5365 911 federal grant fund; creation; administrator of fund; authorized uses.
12-5365. 911 federal grant fund; creation; administrator of fund; authorized uses. (a) There is hereby established in the state treasury the 911 federal grant fund. (b) The chair of the 911 coordinating council shall serve as the administrator of the 911 federal grant fund and shall distribute grants in accordance with the recommendations of the […]
12-5366 911 state maintenance fund; creation; administrator of fund; authorized uses.
12-5366. 911 state maintenance fund; creation; administrator of fund; authorized uses. (a) There is hereby established in the state treasury the 911 state maintenance fund. (b) The chair of the 911 coordinating council shall serve as the administrator of the 911 state maintenance fund and shall distribute grants in accordance with the recommendations of the […]
12-5367 Local collection point administrator; selection; subject to open meetings act and open records act; treatment of public funds.
12-5367. Local collection point administrator; selection; subject to open meetings act and open records act; treatment of public funds. The 911 coordinating council, by an affirmative vote of nine voting members, shall select the local collection point administrator. In selecting the LCPA, the council shall contract with the LCPA for services for no longer than […]
12-5368 911 state fund, 911 operations fund and 911 state grant fund; established by LCPA; distributions; uses.
12-5368. 911 state fund, 911 operations fund and 911 state grant fund; established by LCPA; distributions; uses. (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 […]
12-5369 911 fee established; applicability, exception; duty to collect and remit.
12-5369. 911 fee established; applicability, exception; duty to collect and remit. Subject to the provisions of K.S.A. 2021 Supp. 12-5364(g), and amendments thereto, there is hereby imposed a 911 fee in the amount of $.90 per month per subscriber account of any exchange telecommunications service, wireless telecommunications service, VoIP service, or other service capable of […]
12-5370 911 fee collection and remittance.
12-5370. 911 fee collection and remittance. (a) Every billed service user shall be liable for the 911 fee until such fees have been paid to the exchange telecommunications service provider, wireless telecommunications service provider, VoIP service provider or other service provider. (b) All providers shall have the duty to collect the fees imposed pursuant to […]
12-5371 Prepaid wireless 911 fee established; applicability; duty to collect and remit; reduction of fee.
12-5371. Prepaid wireless 911 fee established; applicability; duty to collect and remit; reduction of fee. (a) There is hereby imposed a prepaid wireless 911 fee of 2.06% per retail transaction or, on and after the effective date of an adjusted amount per retail transaction that is established under subsection (f), such adjusted amount. (b) The […]
12-5372 Same; collection and remittance; department of revenue; procedures for collection; remittance of fees.
12-5372. Same; collection and remittance; department of revenue; procedures for collection; remittance of fees. (a) Prepaid wireless 911 fees collected by sellers shall be remitted to the department by electronic filing that is consistent with the provisions of article 36 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. The department shall establish […]
12-5373 Same; sole funding obligation.
12-5373. Same; sole funding obligation. The prepaid wireless 911 fee imposed in this act shall be the only 911 funding obligation imposed with respect to prepaid wireless service in this state. No tax, fee, surcharge or other charge shall be imposed by this state, any political subdivision of this state or any intergovernmental agency for […]
12-5374 LCPA; distribution of 911 fee moneys to PSAPs, minimum distribution; deposit of fees; proprietary records.
12-5374. LCPA; distribution of 911 fee moneys to PSAPs, minimum distribution; deposit of fees; proprietary records. (a) (1) Except for the amounts withheld by the LCPA pursuant to K.S.A. 2021 Supp. 12-5368(b), and amendments thereto, and any amounts withheld pursuant to K.S.A. 2021 Supp. 12-5364(l), and amendments thereto, not later than 30 days after the […]
12-5375 911 fee moneys; approved uses; pre-approval of expenditures, request; unauthorized expenditure, penalties.
12-5375. 911 fee moneys; approved uses; pre-approval of expenditures, request; unauthorized expenditure, penalties. (a) The proceeds of the 911 fees imposed pursuant to this act, and any interest earned on revenue derived from such fee, shall be used only for necessary and reasonable costs incurred or to be incurred by PSAPs for: (1) Implementation of […]
12-5376 Provision of 911 service; limitation on liability.
12-5376. Provision of 911 service; limitation on liability. Except as provided by the Kansas tort claims act, and except for action or inaction that constitutes gross negligence or willful and wanton misconduct, the LCPA, PSAPs, and each provider, and their employees, agents, suppliers and subcontractors, and each seller, and their employees, agents, suppliers and subcontractors, […]
12-5377 Legislative post audit; audits and review of act; audit of 911 coordinating council; cost and approval of audits; reporting requirements; yearly audit of LCPA; legislative review of act.
12-5377. Legislative post audit; audits and review of act; audit of 911 coordinating council; cost and approval of audits; reporting requirements; yearly audit of LCPA; legislative review of act. (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 […]
12-5378 911 service; provider cost recovery.
12-5378. 911 service; provider cost recovery. Nothing in this act shall be construed to limit the ability of a provider from recovering directly from the provider’s customers its costs associated with designing, developing, deploying and maintaining 911 service and its cost of collection and administration of the fees imposed by this act, whether such costs […]
12-5379 Wireless service; prior approval of provider by PSAP; establishment of “911” service by provider.
12-5379. Wireless service; prior approval of provider by PSAP; establishment of “911” service by provider. A provider of wireless telecommunications service shall: (1) Receive prior approval of the PSAP of that jurisdiction before directing emergency calls to such PSAP; and (2) establish the unique emergency telephone number “911” across the state, excluding the Kansas turnpike […]
12-5380 Provision for 24-hour receipt of 911 calls.
12-5380. Provision for 24-hour receipt of 911 calls. The governing body of each city and county shall provide or contract for the 24-hour receipt of 911 calls for all service areas within the jurisdiction of the city or county. History: L. 2011, ch. 84, § 19; L. 2019, ch. 39, § 17; July 1.
12-5381 Severability.
12-5381. Severability. The provisions of this act are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this act. History: L. 2011, ch. 84, § 25; […]