12-5330.   Local fee; use; annual report by PSAP;valid request for service required, when.(a) Effective July 1, 2004, there is hereby imposed awireless enhanced 911local fee. Subject to the provisions ofK.S.A. 2009 Supp.12-5338, andamendments thereto, theamount ofsuch fee shall be $.25 per month per wireless subscriber with primary placeof use in thestate of Kansas. Such fee shall not be imposed on prepaid wireless service.

      (b)   Subject to the provisions ofK.S.A. 2009 Supp.12-5338, and amendmentsthereto, theproceeds of the wireless enhanced 911 local fee, and any interest earnedon revenue derived from such fee, shall be usedonly for necessary and reasonable costs incurred or to be incurred by PSAP'sfor: (1)Implementation of wireless enhanced 911 service and VoIP enhanced 911service; (2) purchase of equipment andupgrades andmodification to equipment used solely to process the data elements of wirelessenhanced 911service and VoIP enhanced 911 service; and (3) maintenance and licensefees for such equipment and trainingof personnel tooperate such equipment, including costs of training PSAP personnel to provideeffective serviceto all users of the emergency telephone system who have communicationsdisabilities. Such costsshall not include expenditures to lease, construct, expand, acquire,remodel, renovate, repair,furnish or make improvements to buildings or similar facilities or for othercapital outlay orequipmentnot expressly authorizedby this act.

      (c)   Each PSAP shall submit to the secretary an annual report accounting forthe money received by the PSAP from the wireless enhanced 911 local fee. Suchreportshall be submitted on a form provided by the secretary.

      (d) (1)   Subject to the provisions of subsection (d)(3), each PSAP shallsubmit to wireless carriers a valid request for wireless enhanced 911 serviceby July 1, 2007.

      (2)   Subject to the provisions of subsection (d)(3), if a PSAP has notsubmitted to wireless carriers a validrequest for wireless enhanced 911 service by July 1, 2007:(A) Such PSAP shall pay to the secretary all moneys from the wirelessenhanced 911 local feewhich have been or are received by such PSAP; (B) the secretary shall notifythe local collectionpoint administrator that the PSAP has not made a valid request when requiredand thatdistributions of moneys from the wireless enhanced 911 local fee to the PSAPshall be stoppedand that such moneys shall be instead remitted to the secretary until thesecretary notifies thelocal collection point administrator that the PSAP has made a valid request;(C) the PSAPthereafter shall not be eligible to receive moneys from the fund or fromdistributions by the localcollection point administrator until the PSAP has submitted to the secretaryevidence satisfactoryto the secretary that the PSAP has submitted to wireless carriers a validrequest for wirelessenhanced 911 service. The secretary shall remit any moneys received from therepayment by thePSAP or from distributions by the local collection point administratorto the statetreasurer in accordance with K.S.A. 75-4215, and amendments thereto. Uponreceipt of the remittance, thestate treasurer shall deposit the entire amount in the state treasury andcredit it to the wireless enhanced 911 grant fund.

      (3)   If a PSAP is unable to make a valid request by July 1,2007, theadvisory board may approve not to exceed two one-year extensions of such dateto not later than July 1,2008, if the advisory board determines that: (A) Equipment necessary to receiveand utilize thedata elements associated with wireless enhanced 911 service has been ordered bythe PSAP but is unavailable; or (B) there is other just cause to extend thedate.

      History:   L. 2004, ch. 72, § 10;L. 2006, ch. 101, § 14; July 1.