12-5330.Local fee; use; annual report by PSAP;
valid request for service required, when.
(a) Effective July 1, 2004, there is hereby imposed a
wireless enhanced 911
local fee. Subject to the provisions of
K.S.A. 2009 Supp.
12-5338, and
amendments thereto, the
amount of
such fee shall be $.25 per month per wireless subscriber with primary place
of use in the
state of Kansas. Such fee shall not be imposed on prepaid wireless service.
(b) Subject to the provisions of
K.S.A. 2009 Supp.
12-5338, and amendments
thereto, the
proceeds of the wireless enhanced 911 local fee, 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 PSAP's
for: (1)
Implementation of wireless enhanced 911 service and VoIP enhanced 911
service; (2) purchase of equipment and
upgrades and
modification to equipment used solely to process the data elements of wireless
enhanced 911
service and VoIP enhanced 911 service; and (3) maintenance and license
fees for such equipment and training
of personnel to
operate such equipment, including costs of training PSAP personnel to provide
effective service
to all users of the emergency telephone system who have communications
disabilities. Such costs
shall not include expenditures to lease, construct, expand, acquire,
remodel, renovate, repair,
furnish or make improvements to buildings or similar facilities or for other
capital outlay or
equipment
not expressly authorized
by this act.
(c) Each PSAP shall submit to the secretary an annual report accounting for
the money received by the PSAP from the wireless enhanced 911 local fee. Such
report
shall be submitted on a form provided by the secretary.
(d) (1) Subject to the provisions of subsection (d)(3), each PSAP shall
submit to wireless carriers a valid request for wireless enhanced 911 service
by July 1, 2007.
(2) Subject to the provisions of subsection (d)(3), if a PSAP has not
submitted to wireless carriers a valid
request for wireless enhanced 911 service by July 1, 2007:
(A) Such PSAP shall pay to the secretary all moneys from the wireless
enhanced 911 local fee
which have been or are received by such PSAP; (B) the secretary shall notify
the local collection
point administrator that the PSAP has not made a valid request when required
and that
distributions of moneys from the wireless enhanced 911 local fee to the PSAP
shall be stopped
and that such moneys shall be instead remitted to the secretary until the
secretary notifies the
local collection point administrator that the PSAP has made a valid request;
(C) the PSAP
thereafter shall not be eligible to receive moneys from the fund or from
distributions by the local
collection point administrator until the PSAP has submitted to the secretary
evidence satisfactory
to the secretary that the PSAP has submitted to wireless carriers a valid
request for wireless
enhanced 911 service. 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.
(3) If a PSAP is unable to make a valid request by July 1,
2007, the
advisory board may approve not to exceed two one-year extensions of such date
to not later than July 1,
2008, if the advisory board determines that: (A) Equipment necessary to receive
and utilize the
data elements associated with wireless enhanced 911 service has been ordered by
the PSAP but is unavailable; or (B) there is other just cause to extend the
date.
History: L. 2004, ch. 72, § 10;
L. 2006, ch. 101, § 14; July 1.
12-5330.Local fee; use; annual report by PSAP;
valid request for service required, when.
(a) Effective July 1, 2004, there is hereby imposed a
wireless enhanced 911
local fee. Subject to the provisions of
K.S.A. 2009 Supp.
12-5338, and
amendments thereto, the
amount of
such fee shall be $.25 per month per wireless subscriber with primary place
of use in the
state of Kansas. Such fee shall not be imposed on prepaid wireless service.
(b) Subject to the provisions of
K.S.A. 2009 Supp.
12-5338, and amendments
thereto, the
proceeds of the wireless enhanced 911 local fee, 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 PSAP's
for: (1)
Implementation of wireless enhanced 911 service and VoIP enhanced 911
service; (2) purchase of equipment and
upgrades and
modification to equipment used solely to process the data elements of wireless
enhanced 911
service and VoIP enhanced 911 service; and (3) maintenance and license
fees for such equipment and training
of personnel to
operate such equipment, including costs of training PSAP personnel to provide
effective service
to all users of the emergency telephone system who have communications
disabilities. Such costs
shall not include expenditures to lease, construct, expand, acquire,
remodel, renovate, repair,
furnish or make improvements to buildings or similar facilities or for other
capital outlay or
equipment
not expressly authorized
by this act.
(c) Each PSAP shall submit to the secretary an annual report accounting for
the money received by the PSAP from the wireless enhanced 911 local fee. Such
report
shall be submitted on a form provided by the secretary.
(d) (1) Subject to the provisions of subsection (d)(3), each PSAP shall
submit to wireless carriers a valid request for wireless enhanced 911 service
by July 1, 2007.
(2) Subject to the provisions of subsection (d)(3), if a PSAP has not
submitted to wireless carriers a valid
request for wireless enhanced 911 service by July 1, 2007:
(A) Such PSAP shall pay to the secretary all moneys from the wireless
enhanced 911 local fee
which have been or are received by such PSAP; (B) the secretary shall notify
the local collection
point administrator that the PSAP has not made a valid request when required
and that
distributions of moneys from the wireless enhanced 911 local fee to the PSAP
shall be stopped
and that such moneys shall be instead remitted to the secretary until the
secretary notifies the
local collection point administrator that the PSAP has made a valid request;
(C) the PSAP
thereafter shall not be eligible to receive moneys from the fund or from
distributions by the local
collection point administrator until the PSAP has submitted to the secretary
evidence satisfactory
to the secretary that the PSAP has submitted to wireless carriers a valid
request for wireless
enhanced 911 service. 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.
(3) If a PSAP is unable to make a valid request by July 1,
2007, the
advisory board may approve not to exceed two one-year extensions of such date
to not later than July 1,
2008, if the advisory board determines that: (A) Equipment necessary to receive
and utilize the
data elements associated with wireless enhanced 911 service has been ordered by
the PSAP but is unavailable; or (B) there is other just cause to extend the
date.
History: L. 2004, ch. 72, § 10;
L. 2006, ch. 101, § 14; July 1.
12-5330.Local fee; use; annual report by PSAP;
valid request for service required, when.
(a) Effective July 1, 2004, there is hereby imposed a
wireless enhanced 911
local fee. Subject to the provisions of
K.S.A. 2009 Supp.
12-5338, and
amendments thereto, the
amount of
such fee shall be $.25 per month per wireless subscriber with primary place
of use in the
state of Kansas. Such fee shall not be imposed on prepaid wireless service.
(b) Subject to the provisions of
K.S.A. 2009 Supp.
12-5338, and amendments
thereto, the
proceeds of the wireless enhanced 911 local fee, 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 PSAP's
for: (1)
Implementation of wireless enhanced 911 service and VoIP enhanced 911
service; (2) purchase of equipment and
upgrades and
modification to equipment used solely to process the data elements of wireless
enhanced 911
service and VoIP enhanced 911 service; and (3) maintenance and license
fees for such equipment and training
of personnel to
operate such equipment, including costs of training PSAP personnel to provide
effective service
to all users of the emergency telephone system who have communications
disabilities. Such costs
shall not include expenditures to lease, construct, expand, acquire,
remodel, renovate, repair,
furnish or make improvements to buildings or similar facilities or for other
capital outlay or
equipment
not expressly authorized
by this act.
(c) Each PSAP shall submit to the secretary an annual report accounting for
the money received by the PSAP from the wireless enhanced 911 local fee. Such
report
shall be submitted on a form provided by the secretary.
(d) (1) Subject to the provisions of subsection (d)(3), each PSAP shall
submit to wireless carriers a valid request for wireless enhanced 911 service
by July 1, 2007.
(2) Subject to the provisions of subsection (d)(3), if a PSAP has not
submitted to wireless carriers a valid
request for wireless enhanced 911 service by July 1, 2007:
(A) Such PSAP shall pay to the secretary all moneys from the wireless
enhanced 911 local fee
which have been or are received by such PSAP; (B) the secretary shall notify
the local collection
point administrator that the PSAP has not made a valid request when required
and that
distributions of moneys from the wireless enhanced 911 local fee to the PSAP
shall be stopped
and that such moneys shall be instead remitted to the secretary until the
secretary notifies the
local collection point administrator that the PSAP has made a valid request;
(C) the PSAP
thereafter shall not be eligible to receive moneys from the fund or from
distributions by the local
collection point administrator until the PSAP has submitted to the secretary
evidence satisfactory
to the secretary that the PSAP has submitted to wireless carriers a valid
request for wireless
enhanced 911 service. 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.
(3) If a PSAP is unable to make a valid request by July 1,
2007, the
advisory board may approve not to exceed two one-year extensions of such date
to not later than July 1,
2008, if the advisory board determines that: (A) Equipment necessary to receive
and utilize the
data elements associated with wireless enhanced 911 service has been ordered by
the PSAP but is unavailable; or (B) there is other just cause to extend the
date.
History: L. 2004, ch. 72, § 10;
L. 2006, ch. 101, § 14; July 1.
