12-5331.   Payment and collection of fees.(a) Every billed wireless service user shall be liable forthe wireless enhanced 911 grant fee and the wireless enhanced 911 local feeuntilsuch fees have beenpaid to the wirelesscarrier.

      (b)   The duty to collect any such feesimposed pursuant to this act shall commence July 1, 2004.Such fees shall be added to and may be stated separately inbillings for the subscriber account.If stated separately in billings, the fees shall be labeled "KS E-911fees."

      (c)   The wireless carrier shall have no obligation to take any legal action toenforce thecollection of the fees imposed by this act.The wirelesscarrier shall provide annually to the secretary a list of amounts ofuncollected wireless enhanced 911 grant fees along with the namesand addresses of those wireless service users which carry a balance that can bedetermined by thewireless carrier to be nonpayment of such fees. Thewireless carrier shall provide annually to the local collection pointadministrator a list of amountsof uncollected wireless enhanced 911 local fees along with the names andaddresses of those wirelessserviceusers which carry abalance that can be determined by the wireless carrier to be nonpayment ofsuch fees.

      (d)   The fees imposed by this act shall becollectedinsofar as practicable at the same time as, and along with, the charges forwireless service inaccordance with regular billing practice of the wireless carrier.

      (e)   The wireless enhanced 911 grant fee and the amounts required tobe collected therefor are due monthly. The amount of any such fees collectedin onemonth by the wirelesscarrier shall be remitted to the secretary not more than 15 days after theclose of the calendar month.On or before the 15th day of each calendar month following, a return for thepreceding month shallbe filed with the secretary in such form as the secretary and the wirelesscarrier shall agree. Thewirelesscarrier required to file the return shall deliver the return together with aremittance of the amount ofthe fees payable to the secretary. The wireless carrier shall maintain recordsof the amount of anysuch fees collected pursuant to action in accord with this act. Such recordsshallbe maintained for a period of three years from the time the fees are collected.

      (f)   The wireless enhanced 911 local fee and the amountsrequiredto be collected therefor are due monthly. The amount of any such feescollected in onemonth by the wirelesscarrier shall be remitted to the local collection point administrator not morethan 15 days after theclose of the calendar month. On or before the 15th day of each calendar monthfollowing, a returnfor the preceding month shall be filed with the local collection pointadministrator. Such return shall be in such form and shall contain suchinformation asrequired by the administrator. The wireless carrierrequired to file the returnshall deliver the return together with a remittance of the amount of the feespayable to the localcollection point administrator. The wireless carrier shall maintain records ofthe amount of any such fees collected pursuant to action in accord with thisact.Such records shall bemaintained for a period ofthree years from the time the fees are collected.

      (g)   In the case of prepaid wireless telephone service, the monthlywireless enhanced 911 grant fee shall be remitted to the secretary by thewholesaler of theprepaid wireless service not more than 15 days after the close of the calendarmonth in which theprepaid wireless service is sold by such wholesaler.

      (h)   Except as provided by subsection (d) ofK.S.A. 2009 Supp.12-5330, andamendmentsthereto, notlater than 30days after receipt of moneys from wireless carriers pursuant to this section,the local collectionpoint administrator shall distribute such moneyscollected from the wireless enhanced 911 local feeto PSAP's basedupon primaryplace of useinformation provided by wireless carriers. The local collection pointadministrator may retain anadministrative fee of not more than 2% of moneys collected from such fee.Moneys which cannot be attributed to a specific PSAP shall be utilized forthepurposes set out in subsection (b) ofK.S.A. 2009 Supp.12-5330, and amendmentsthereto.Until all PSAP's have achieved phase II status, such moneys shall only bedistributed for such purposes to PSAP's that have not achieved phase II status.When all PSAP's have achieved phase II status, then such moneys shall bedistributed for such purposes to any PSAP.

      (i)   The local collection point administrator shall keep accurate accounts ofallreceipts anddisbursements of moneys from the wireless enhanced 911 local fee. The receiptsanddisbursements shall be audited yearly by a licensed municipal accountant orcertified publicaccountant and the audit report shall be submitted to the secretary.

      History:   L. 2004, ch. 72, § 11;L. 2008, ch. 24, § 1; July 1.