K.S.A. § 12-5386 — KS Code / Chapter 12 / Article 53 / Section 12-5386
12-5386 - Powers and duties of telecommunication providers; annual expenditure reports from recipients of 911 fee moneys; maintenance of accurate GIS data.
Status: in_force

12-5386. Powers and duties of telecommunication providers; annual expenditure reports from recipients of 911 fee moneys; maintenance of accurate GIS data. (a) (1) Every provider shall submit contact information for the provider to the state 911 board. Any provider that has not previously provided wireless telecommunications service in this state shall submit contact information for the provider to the board within three months of first offering wireless telecommunications services in this state.

(2) A provider of wireless telecommunications service shall:

(A) Receive prior approval from each PSAP within the provider's service area before directing emergency calls to such PSAP; and

(B) establish the unique emergency telephone number "911" across the state.

(3) Nothing in this act shall be construed to limit the ability of a provider from recovering directly from the provider's customers the costs associated with designing, developing, deploying and maintaining 911 service and the cost of collection and administration of the fees imposed by K.S.A. 12-5369, and amendments thereto, whether such costs are itemized on the customer's bill as a surcharge or by any other lawful method.

(b) (1) Each PSAP and governing body that contracts with another governing body of a PSAP for the provision of 911 PSAP services shall file an annual report with the state 911 board by March 1 of each year demonstrating how such PSAP or governing body has spent the moneys earned from the 911 fees during the preceding calendar year. The board shall designate the content and form of such report and may require additional associated documentation that shall be included.

(2) If a PSAP or governing body that contracts with another governing body of a PSAP for the provision of 911 PSAP services fails to file and finalize an annual report, the board shall provide notice of such failure to the PSAP, the governing body of such PSAP and, if applicable, the governing body that contracts with another governing body of a PSAP for the provision of 911 PSAP services. If such PSAP or governing body fails to file or finalize an annual report within 60 days of receiving such notice, the board shall withhold 10% of each subsequent distribution of 911 fees to such PSAP or governing body pursuant to K.S.A. 12-5374, and amendments thereto. The board shall not discontinue such withholding until the PSAP or governing body submits a report in compliance with this section.

(c) (1) If the state 911 board finds that the GIS data for a PSAP or governing body that contracts with another governing body of a PSAP for the provision of 911 PSAP services is inaccurate, the board shall give written notice to the governing body that oversees the PSAP, the PSAP and, if applicable, the governing body that contracts with another governing body of a PSAP for the provision of 911 PSAP services of such finding. If the board does not receive an acceptable proposal for the PSAP or governing body to bring the GIS data into compliance within 60 days following such notice, the board may contract with a third party to review and update the GIS data.

(2) If the board finds that the GIS data for a PSAP or governing body that contracts with another governing body of a PSAP for the provision of 911 PSAP services has not been updated for one year or more, the board shall give written notice to the governing body that oversees the PSAP, the PSAP and, if applicable, the governing body that contracts with another governing body of a PSAP for the provision of 911 PSAP services of such finding. Such PSAP or governing body may provide an attestation that the GIS data has been reviewed and remains accurate. If the board receives such attestation and has information that the data may not be accurate, the board shall provide a written notice to the PSAP or governing body that describes the areas the board believes to be inaccurate. The PSAP or governing body shall have 30 days following receipt of such written notice to submit updated GIS data. If the updated GIS data is not received prior to such deadline, the board may contract with a third party to review and update the GIS data and may assess any costs incurred in updating the GIS data upon the governing body that oversees the PSAP or the governing body that contracts with another governing body of a PSAP for the provision of 911 PSAP services.

(d) The provisions of this section shall take effect and be in force on and after July 1, 2025.