66-1805.Notification center; duties and operation;fees; annual report; audits.(a) This act recognizes the establishment of a single notification center forthe state of Kansas.Each operator who has an underground facilityshall become a member of the notification center.
(b) For operators of tier 1 facilities or operators of tier 2 facilitiesthat desire notification in the same manner as operators of tier 1 facilities,the notification center shall provide prompt notice of any proposed excavationto each affected operator that has facilities recorded with the notificationcenter in the area of a proposed excavation site.
(c) For operators of tier 2 facilities that desire direct contact with theexcavator, the notification center shall provide the excavator with the nameand contact information of the affected operator that has facilities recordedwith the notification center in the area of the proposedexcavation.
(d) Notification to operators as defined in subsection (b)shall be given bynotifying thenotification center by telephone at the toll free number or by othercommunication methods approved by the notification center. The content ofsuch notification shall be as required by K.S.A. 66-1804, andamendments thereto.
(e) Notification to operators as defined in subsection (c)maybe given by notifying the operator of tier 2 facilities using the contactinformation provided by the notification center. The content of suchnotification shall beas required by K.S.A. 66-1804, and amendments thereto.
(f) Each operator who has an underground facility withinthestate shall be afforded the opportunityto become a member of the notification center on the same terms as the originalmembers.
(g) A suitable record shall be maintained by thenotification center todocument the receipt of notices from excavators as required by this act.(h) A suitable record shall be maintained by operators of tier 2facilities that desire direct contact with the excavator pursuant tosubsection (c) to document the receipt of notices from excavators.
(i) The notification center shall charge and collect an annual membershipfee in the amount of $25 from each tier 2 facility member.
(j) The notification center shall charge a referral fee to tier 2 facilitymembers in an amount no more than 50% of the referral fee rate charged to tier1 facility members.
(k) Upon request of the operator, the person filing the notice of intent toexcavate shall whiteline the proposed excavation site prior to locates beingperformed.
(l) The notification center established pursuant to this section shall be andis hereby deemed to be a public agency and shall be subject to the provisionsof the open records act, K.S.A. 45-215 et seq., and amendments thereto, and theopen meetings act, K.S.A. 75-4317 et seq., and amendments thereto, except thatthe notification center or board of directors, or successor managingorganization shall not disseminate, make available or otherwise distribute dataor information provided by an operator of a tier 1, 2 or 3 facility unless suchdissemination, making available or distributing is necessary for thestate corporation commission or thenotification center to carry out legal duties or specific statutory dutiesprescribed under this chapter.
(m) On and after July 1, 2009,the notification center's board ofdirectorsshall include two members from tier 2 facilitiesand 1 member from tier 3 facilities.
(n) The notification center shall prepare an annual report which describesthe activities of such center. An annual audit of the notification center shallbe conducted by an independent certified public accountant. The notificationcenter shall provide copies of such reports to each member of the notificationcenter and shall be subject to the open records act, K.S.A. 45-215, et seq.,and amendments thereto.
(o) The notification center shall solicit proposals for operation of thenotification center not more than every five years which shall be awarded in anopen meeting by the board of directors of the notification center. The biddingprocess prescribed by this subsection shall be subject to the open records act,K.S.A. 45-215 et seq., and amendments thereto.
(p) The notification center shall conduct a cost of service audit not morethan every five years or as otherwise requested by the board of directors ofthe notification center or a majority of the members of such center.
History: L. 1993, ch. 217, § 5;L. 2002, ch. 41, § 3;L. 2008, ch. 122, § 7; July 1, 2009.
66-1805.Notification center; duties and operation;fees; annual report; audits.(a) This act recognizes the establishment of a single notification center forthe state of Kansas.Each operator who has an underground facilityshall become a member of the notification center.
(b) For operators of tier 1 facilities or operators of tier 2 facilitiesthat desire notification in the same manner as operators of tier 1 facilities,the notification center shall provide prompt notice of any proposed excavationto each affected operator that has facilities recorded with the notificationcenter in the area of a proposed excavation site.
(c) For operators of tier 2 facilities that desire direct contact with theexcavator, the notification center shall provide the excavator with the nameand contact information of the affected operator that has facilities recordedwith the notification center in the area of the proposedexcavation.
(d) Notification to operators as defined in subsection (b)shall be given bynotifying thenotification center by telephone at the toll free number or by othercommunication methods approved by the notification center. The content ofsuch notification shall be as required by K.S.A. 66-1804, andamendments thereto.
(e) Notification to operators as defined in subsection (c)maybe given by notifying the operator of tier 2 facilities using the contactinformation provided by the notification center. The content of suchnotification shall beas required by K.S.A. 66-1804, and amendments thereto.
(f) Each operator who has an underground facility withinthestate shall be afforded the opportunityto become a member of the notification center on the same terms as the originalmembers.
(g) A suitable record shall be maintained by thenotification center todocument the receipt of notices from excavators as required by this act.(h) A suitable record shall be maintained by operators of tier 2facilities that desire direct contact with the excavator pursuant tosubsection (c) to document the receipt of notices from excavators.
(i) The notification center shall charge and collect an annual membershipfee in the amount of $25 from each tier 2 facility member.
(j) The notification center shall charge a referral fee to tier 2 facilitymembers in an amount no more than 50% of the referral fee rate charged to tier1 facility members.
(k) Upon request of the operator, the person filing the notice of intent toexcavate shall whiteline the proposed excavation site prior to locates beingperformed.
(l) The notification center established pursuant to this section shall be andis hereby deemed to be a public agency and shall be subject to the provisionsof the open records act, K.S.A. 45-215 et seq., and amendments thereto, and theopen meetings act, K.S.A. 75-4317 et seq., and amendments thereto, except thatthe notification center or board of directors, or successor managingorganization shall not disseminate, make available or otherwise distribute dataor information provided by an operator of a tier 1, 2 or 3 facility unless suchdissemination, making available or distributing is necessary for thestate corporation commission or thenotification center to carry out legal duties or specific statutory dutiesprescribed under this chapter.
(m) On and after July 1, 2009,the notification center's board ofdirectorsshall include two members from tier 2 facilitiesand 1 member from tier 3 facilities.
(n) The notification center shall prepare an annual report which describesthe activities of such center. An annual audit of the notification center shallbe conducted by an independent certified public accountant. The notificationcenter shall provide copies of such reports to each member of the notificationcenter and shall be subject to the open records act, K.S.A. 45-215, et seq.,and amendments thereto.
(o) The notification center shall solicit proposals for operation of thenotification center not more than every five years which shall be awarded in anopen meeting by the board of directors of the notification center. The biddingprocess prescribed by this subsection shall be subject to the open records act,K.S.A. 45-215 et seq., and amendments thereto.
(p) The notification center shall conduct a cost of service audit not morethan every five years or as otherwise requested by the board of directors ofthe notification center or a majority of the members of such center.
History: L. 1993, ch. 217, § 5;L. 2002, ch. 41, § 3;L. 2008, ch. 122, § 7; July 1, 2009.
66-1805.Notification center; duties and operation;fees; annual report; audits.(a) This act recognizes the establishment of a single notification center forthe state of Kansas.Each operator who has an underground facilityshall become a member of the notification center.
(b) For operators of tier 1 facilities or operators of tier 2 facilitiesthat desire notification in the same manner as operators of tier 1 facilities,the notification center shall provide prompt notice of any proposed excavationto each affected operator that has facilities recorded with the notificationcenter in the area of a proposed excavation site.
(c) For operators of tier 2 facilities that desire direct contact with theexcavator, the notification center shall provide the excavator with the nameand contact information of the affected operator that has facilities recordedwith the notification center in the area of the proposedexcavation.
(d) Notification to operators as defined in subsection (b)shall be given bynotifying thenotification center by telephone at the toll free number or by othercommunication methods approved by the notification center. The content ofsuch notification shall be as required by K.S.A. 66-1804, andamendments thereto.
(e) Notification to operators as defined in subsection (c)maybe given by notifying the operator of tier 2 facilities using the contactinformation provided by the notification center. The content of suchnotification shall beas required by K.S.A. 66-1804, and amendments thereto.
(f) Each operator who has an underground facility withinthestate shall be afforded the opportunityto become a member of the notification center on the same terms as the originalmembers.
(g) A suitable record shall be maintained by thenotification center todocument the receipt of notices from excavators as required by this act.(h) A suitable record shall be maintained by operators of tier 2facilities that desire direct contact with the excavator pursuant tosubsection (c) to document the receipt of notices from excavators.
(i) The notification center shall charge and collect an annual membershipfee in the amount of $25 from each tier 2 facility member.
(j) The notification center shall charge a referral fee to tier 2 facilitymembers in an amount no more than 50% of the referral fee rate charged to tier1 facility members.
(k) Upon request of the operator, the person filing the notice of intent toexcavate shall whiteline the proposed excavation site prior to locates beingperformed.
(l) The notification center established pursuant to this section shall be andis hereby deemed to be a public agency and shall be subject to the provisionsof the open records act, K.S.A. 45-215 et seq., and amendments thereto, and theopen meetings act, K.S.A. 75-4317 et seq., and amendments thereto, except thatthe notification center or board of directors, or successor managingorganization shall not disseminate, make available or otherwise distribute dataor information provided by an operator of a tier 1, 2 or 3 facility unless suchdissemination, making available or distributing is necessary for thestate corporation commission or thenotification center to carry out legal duties or specific statutory dutiesprescribed under this chapter.
(m) On and after July 1, 2009,the notification center's board ofdirectorsshall include two members from tier 2 facilitiesand 1 member from tier 3 facilities.
(n) The notification center shall prepare an annual report which describesthe activities of such center. An annual audit of the notification center shallbe conducted by an independent certified public accountant. The notificationcenter shall provide copies of such reports to each member of the notificationcenter and shall be subject to the open records act, K.S.A. 45-215, et seq.,and amendments thereto.
(o) The notification center shall solicit proposals for operation of thenotification center not more than every five years which shall be awarded in anopen meeting by the board of directors of the notification center. The biddingprocess prescribed by this subsection shall be subject to the open records act,K.S.A. 45-215 et seq., and amendments thereto.
(p) The notification center shall conduct a cost of service audit not morethan every five years or as otherwise requested by the board of directors ofthe notification center or a majority of the members of such center.
History: L. 1993, ch. 217, § 5;L. 2002, ch. 41, § 3;L. 2008, ch. 122, § 7; July 1, 2009.
