66-2010.KUSF administrator; duties andpowers; KAN-ED funding.(a) The commission shall utilize a competitivebidding process to select a neutral, competent and bonded thirdparty to administer the KUSF.
(b) The administrator shall be responsible for: (1)Collecting and auditing all relevant information from allqualifying telecommunications public utilities,telecommunications carriers or wireless telecommunicationsservice providers receiving funds from or providing funds to theKUSF; (2) verifying, based on the calculations of each qualifyingtelecommunications carrier, telecommunications public utility orwireless telecommunications service provider, the obligation ofeach such qualifying carrier, utility or provider to generate thefunds required by the KUSF; (3) collecting all moneys due to theKUSF from all telecommunications public utilities,telecommunications carriers and wireless telecommunicationsservice providers in the state; and (4) distributing amounts on amonthly basis due to qualifying telecommunications publicutilities, wireless telecommunications service providers andtelecommunications carriers receiving KUSF funding.
(c) Any information made available or received by theadministrator from carriers, utilities or providers receivingfunds from or providing funds to the KUSF shall not be subject toany provisions of the Kansas open records act and shall beconsidered confidential and proprietary.
(d) The administrator shall be authorized to maintain anaction to collect any funds owed by any telecommunicationscarrier, public utility or wireless telecommunications providerin the district court in the county of the registered office ofsuch carrier, utility or provider or, if such carrier, utility orprovider does not have a registered office in the state, such anaction may be maintained in the county where such carrier's,utility's or provider's principal office is located. If suchcarrier, utility or provider has no principal office in thestate, such an action may be maintained in the district court ofany county in which such carrier, utility or provider providesservice.
(e) The KUSF administrator shall be responsible to ensurethat funds do not fall below the level necessary to pay allamounts collectively owed to all qualifying telecommunicationspublic utilities, wireless telecommunications service providersand telecommunications carriers. The administrator shall have theauthority to retain and invest in a prudent and reasonable mannerany excess funds collected in any period to help ensure thatadequate funds are available to cover amounts payable in otherperiods.
(f) (1) Before July 1, of each year, the chief executive officer of thestate board of regentsshallcertify to theadministrator of the KUSF the amount provided by appropriation acts to beexpended from theKAN-ED fund for the fiscal year commencing the preceding July 1. Upon receiptof thecertification of the chief executive officer of the state board of regents, theKUSF administratorshall add the amount certified to the amount annually required to fund the KUSFas determinedpursuant to subsection (b).
(2) On orbefore the 10th day of each month, the administrator of the KUSFshall pay from the KUSF to thestate treasurer 1/12 of the amount certified by the chief executive officer ofthe state board ofregents pursuant to subsection (a) for the fiscal year preceding the fiscalyear in which thepayment is made. Upon the receipt of the payment, the state treasurer shalldeposit the entireamount in the state treasury and credit it to the KAN-ED fund. Any suchpayments shall be madeafter all payments required by K.S.A. 66-2008, and amendmentsthereto, for themonth are made from the KUSF.
(3) Not more than the following shall be paidfrom the KUSF to the statetreasurer pursuant to this subsection (f): Infiscal year 2006, $10,000,000; in fiscal year 2007, $8,000,000; in fiscalyear 2008,$6,000,000; and in fiscal year 2009, $5,500,000.
(4) The provisions of this subsection (f) shall expire onJune 30,2009.Thereafter, state general fund moneys shall be used to fund the KAN-EDnetworkandsuch funding shall be of the highest priority along with education funding.
History: L. 1996, ch. 268, § 11;L. 2002, ch. 152, § 1;L. 2005, ch. 192, § 1; July 1.
66-2010.KUSF administrator; duties andpowers; KAN-ED funding.(a) The commission shall utilize a competitivebidding process to select a neutral, competent and bonded thirdparty to administer the KUSF.
(b) The administrator shall be responsible for: (1)Collecting and auditing all relevant information from allqualifying telecommunications public utilities,telecommunications carriers or wireless telecommunicationsservice providers receiving funds from or providing funds to theKUSF; (2) verifying, based on the calculations of each qualifyingtelecommunications carrier, telecommunications public utility orwireless telecommunications service provider, the obligation ofeach such qualifying carrier, utility or provider to generate thefunds required by the KUSF; (3) collecting all moneys due to theKUSF from all telecommunications public utilities,telecommunications carriers and wireless telecommunicationsservice providers in the state; and (4) distributing amounts on amonthly basis due to qualifying telecommunications publicutilities, wireless telecommunications service providers andtelecommunications carriers receiving KUSF funding.
(c) Any information made available or received by theadministrator from carriers, utilities or providers receivingfunds from or providing funds to the KUSF shall not be subject toany provisions of the Kansas open records act and shall beconsidered confidential and proprietary.
(d) The administrator shall be authorized to maintain anaction to collect any funds owed by any telecommunicationscarrier, public utility or wireless telecommunications providerin the district court in the county of the registered office ofsuch carrier, utility or provider or, if such carrier, utility orprovider does not have a registered office in the state, such anaction may be maintained in the county where such carrier's,utility's or provider's principal office is located. If suchcarrier, utility or provider has no principal office in thestate, such an action may be maintained in the district court ofany county in which such carrier, utility or provider providesservice.
(e) The KUSF administrator shall be responsible to ensurethat funds do not fall below the level necessary to pay allamounts collectively owed to all qualifying telecommunicationspublic utilities, wireless telecommunications service providersand telecommunications carriers. The administrator shall have theauthority to retain and invest in a prudent and reasonable mannerany excess funds collected in any period to help ensure thatadequate funds are available to cover amounts payable in otherperiods.
(f) (1) Before July 1, of each year, the chief executive officer of thestate board of regentsshallcertify to theadministrator of the KUSF the amount provided by appropriation acts to beexpended from theKAN-ED fund for the fiscal year commencing the preceding July 1. Upon receiptof thecertification of the chief executive officer of the state board of regents, theKUSF administratorshall add the amount certified to the amount annually required to fund the KUSFas determinedpursuant to subsection (b).
(2) On orbefore the 10th day of each month, the administrator of the KUSFshall pay from the KUSF to thestate treasurer 1/12 of the amount certified by the chief executive officer ofthe state board ofregents pursuant to subsection (a) for the fiscal year preceding the fiscalyear in which thepayment is made. Upon the receipt of the payment, the state treasurer shalldeposit the entireamount in the state treasury and credit it to the KAN-ED fund. Any suchpayments shall be madeafter all payments required by K.S.A. 66-2008, and amendmentsthereto, for themonth are made from the KUSF.
(3) Not more than the following shall be paidfrom the KUSF to the statetreasurer pursuant to this subsection (f): Infiscal year 2006, $10,000,000; in fiscal year 2007, $8,000,000; in fiscalyear 2008,$6,000,000; and in fiscal year 2009, $5,500,000.
(4) The provisions of this subsection (f) shall expire onJune 30,2009.Thereafter, state general fund moneys shall be used to fund the KAN-EDnetworkandsuch funding shall be of the highest priority along with education funding.
History: L. 1996, ch. 268, § 11;L. 2002, ch. 152, § 1;L. 2005, ch. 192, § 1; July 1.
66-2010.KUSF administrator; duties andpowers; KAN-ED funding.(a) The commission shall utilize a competitivebidding process to select a neutral, competent and bonded thirdparty to administer the KUSF.
(b) The administrator shall be responsible for: (1)Collecting and auditing all relevant information from allqualifying telecommunications public utilities,telecommunications carriers or wireless telecommunicationsservice providers receiving funds from or providing funds to theKUSF; (2) verifying, based on the calculations of each qualifyingtelecommunications carrier, telecommunications public utility orwireless telecommunications service provider, the obligation ofeach such qualifying carrier, utility or provider to generate thefunds required by the KUSF; (3) collecting all moneys due to theKUSF from all telecommunications public utilities,telecommunications carriers and wireless telecommunicationsservice providers in the state; and (4) distributing amounts on amonthly basis due to qualifying telecommunications publicutilities, wireless telecommunications service providers andtelecommunications carriers receiving KUSF funding.
(c) Any information made available or received by theadministrator from carriers, utilities or providers receivingfunds from or providing funds to the KUSF shall not be subject toany provisions of the Kansas open records act and shall beconsidered confidential and proprietary.
(d) The administrator shall be authorized to maintain anaction to collect any funds owed by any telecommunicationscarrier, public utility or wireless telecommunications providerin the district court in the county of the registered office ofsuch carrier, utility or provider or, if such carrier, utility orprovider does not have a registered office in the state, such anaction may be maintained in the county where such carrier's,utility's or provider's principal office is located. If suchcarrier, utility or provider has no principal office in thestate, such an action may be maintained in the district court ofany county in which such carrier, utility or provider providesservice.
(e) The KUSF administrator shall be responsible to ensurethat funds do not fall below the level necessary to pay allamounts collectively owed to all qualifying telecommunicationspublic utilities, wireless telecommunications service providersand telecommunications carriers. The administrator shall have theauthority to retain and invest in a prudent and reasonable mannerany excess funds collected in any period to help ensure thatadequate funds are available to cover amounts payable in otherperiods.
(f) (1) Before July 1, of each year, the chief executive officer of thestate board of regentsshallcertify to theadministrator of the KUSF the amount provided by appropriation acts to beexpended from theKAN-ED fund for the fiscal year commencing the preceding July 1. Upon receiptof thecertification of the chief executive officer of the state board of regents, theKUSF administratorshall add the amount certified to the amount annually required to fund the KUSFas determinedpursuant to subsection (b).
(2) On orbefore the 10th day of each month, the administrator of the KUSFshall pay from the KUSF to thestate treasurer 1/12 of the amount certified by the chief executive officer ofthe state board ofregents pursuant to subsection (a) for the fiscal year preceding the fiscalyear in which thepayment is made. Upon the receipt of the payment, the state treasurer shalldeposit the entireamount in the state treasury and credit it to the KAN-ED fund. Any suchpayments shall be madeafter all payments required by K.S.A. 66-2008, and amendmentsthereto, for themonth are made from the KUSF.
(3) Not more than the following shall be paidfrom the KUSF to the statetreasurer pursuant to this subsection (f): Infiscal year 2006, $10,000,000; in fiscal year 2007, $8,000,000; in fiscalyear 2008,$6,000,000; and in fiscal year 2009, $5,500,000.
(4) The provisions of this subsection (f) shall expire onJune 30,2009.Thereafter, state general fund moneys shall be used to fund the KAN-EDnetworkandsuch funding shall be of the highest priority along with education funding.
History: L. 1996, ch. 268, § 11;L. 2002, ch. 152, § 1;L. 2005, ch. 192, § 1; July 1.
