12-5356. Local fee; use; annual report by PSAP; repayment, when.
12-5356
12-5356. Local fee; use; annual report by PSAP;
repayment, when.
(a) Effective July 1, 2006, there is hereby imposed a
VoIP enhanced 911 local fee. Subject to the provisions of
K.S.A. 2009 Supp.
12-5361,
and amendments thereto, the amount of such fee shall be $.25 per month per VoIP
service user.
Notwithstanding any other provision of this act, no VoIP service user shall be
liable for, nor shall any VoIP provider be required to collect, the VoIP
enhanced 911 local fee on any interconnected VoIP service upon which an
emergency telephone tax is paid pursuant to K.S.A. 12-5302, and amendments
thereto, or upon which a wireless enhanced 911 local fee is paid pursuant to
K.S.A. 12-5330, and amendments thereto. In addition, no service user shall be
liable for, nor shall any service supplier, telecommunications public utility,
telecommunications carrier or wireless carrier be required to collect the
emergency telephone tax imposed pursuant to K.S.A. 12-5302, and amendments
thereto, or the wireless enhanced 911 local fee established pursuant to K.S.A.
12-5330, and amendments thereto, for any interconnected VoIP service upon which
a VoIP enhanced 911 fee is paid pursuant to this act.
(b) The proceeds of the VoIP enhanced 911 local fee, and any interest
earned on revenue derived from such fee, shall be used only for the purposes
provided in K.S.A.
2009 Supp. 12-5330, and amendments thereto.
(c) Each PSAP shall submit to the secretary an annual report accounting for
the money
received by the PSAP from the VoIP enhanced 911 local fee. Such report shall be
submitted on a
form provided by the secretary, which shall be consolidated with the report
accounting for
moneys received from the wireless enhanced 911 local fee required pursuant to
K.S.A. 2009
Supp. 12-5330, and amendments thereto.
(d) If pursuant to
K.S.A. 2009 Supp.
12-5330, and amendments thereto, a PSAP
is required to pay to the secretary all moneys from the wireless enhanced 911
local fee which have
been or are received by such PSAP, such PSAP shall also pay to the secretary
all moneys from
the VoIP enhanced 911 local fee which have been or are received by such PSAP
and the secretary
shall notify the local collection point administrator that distributions of
moneys from the VoIP
enhanced 911 local fee to the PSAP shall be stopped and that such moneys shall
be instead
remitted to the secretary until the PSAP is again eligible to receive moneys
from the wireless
enhanced 911 local fee. The PSAP thereafter shall not be eligible to receive
moneys from
distributions by the local collection point administrator until the PSAP is
again eligible to receive
moneys from the wireless enhanced 911 local fee. The secretary shall remit any
moneys received
from the repayment by the PSAP or from distributions by the local collection
point administrator
to the state treasurer in accordance with K.S.A. 75-4215, and amendments
thereto. Upon receipt
of the remittance, the state treasurer shall deposit the entire amount in the
state
treasury and credit it to the wireless enhanced 911 grant fund.
History: L. 2006, ch. 101, § 5; July 1.