reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5233 Powers of cities and counties; federally assisted housing.

12-5233.
Powers of cities and counties; federally assisted housing.
The powers conferred by this act are in addition and supplemental to, and the limitations imposed by this act shall not affect, the powers conferred upon municipalities under the provisions of the constitution or laws of the state of Kansas. Home mortgage loans may be acquired, purchased and financed, and bonds may be issued under this act for such purposes, notwithstanding that any other law may provide for the acquisition, purchase and financing of like home mortgage loans, or the issuance of bonds for like purposes, and such home mortgage loans may be made upon such terms and conditions and contain such provisions as the governing body of the city or county determines consistent with the provisions of this act notwithstanding and without regard to the requirements, restrictions, limitations or other provisions contained in any law or any other resolution. Nothing in this act shall be deemed or construed to prohibit the exercise of the powers conferred upon municipalities in connection with the financing of federally assisted housing for persons of low and moderate income.
History:
L. 1982, ch. 60, § 15; L. 1983, ch. 71, § 7; May 5.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5234 Severability.

12-5234.
Severability.
The provisions of this act are severable and if any of its provisions, or any sentence, clause or paragraph, or the application thereof to any person or circumstance shall be held unconstitutional or invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions or the application thereof to persons or circumstances other than those as to which the same is held invalid.
History:
L. 1982, ch. 60, § 16; April 22.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5235 Act liberally construed.

12-5235.
Act liberally construed.
This act is necessary for the health, welfare and safety of the state, its municipalities and its inhabitants; therefore, it shall be liberally construed to effect its purposes.
History:
L. 1982, ch. 60, § 17; April 22.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5241 Citation of act.

12-5241. Citation of act.
The provisions of K.S.A. 12-5241 through 12-5256, and amendments thereto, and K.S.A. 2023 Supp. 12-5244a, and amendments thereto, shall be known and may be cited as the Kansas reinvestment housing incentive district act.
History:
L. 1998, ch. 66, § 1; L. 2023, ch. 68, § 2; May 4, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5243 Purpose of act.

12-5243. Purpose of act.
It is hereby declared to be the purpose of this act to encourage the development and renovation of housing in cities and counties of Kansas by authorizing cities and counties to assist directly in the financing of public improvements that will support such housing in areas of Kansas that experience a shortage of housing.
History:
L. 1998, ch. 66, § 3; L. 2023, ch. 68, § 4; May 4, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5244 Creation of incentive districts generally; resolution of required findings; review by secretary of commerce.

12-5244. Creation of incentive districts generally; resolution of required findings; review by secretary of commerce.
(a) The governing body of any city or county is hereby authorized to designate reinvestment housing incentive districts within such city or county. Any city governing body may designate one or more such districts in such city, and any county governing body may designate one or more such districts in any part of the unincorporated territory of such county. Prior to making such a designation, the governing body shall conduct a housing needs analysis to determine what, if any, housing needs exist within its community. After conducting the analysis, the governing body shall adopt a resolution containing a legal description of the proposed district, a map depicting the existing parcels of real estate in the proposed district, and a statement of the following findings and determinations:
(1) There is a shortage of quality housing of various price ranges in the city or county despite the best efforts of public and private housing developers;
(2) the shortage of quality housing can be expected to persist and that additional financial incentives are necessary in order to encourage the private sector to construct or renovate housing in such city or county;
(3) the shortage of quality housing is a substantial deterrent to the future economic growth and development of such city or county; and
(4) the future economic well-being of the city or county depends on the governing body providing additional incentives for the construction or renovation of quality housing in such city or county.
(b) The resolution containing the findings contained in subsection (a) shall be published at least once in the official newspaper of the city or county.
(c) Upon publication of the resolution as provided in subsection (b), the governing body shall send a certified copy of the resolution to the secretary, requesting that the secretary review the resolution and advise the governing body whether the secretary agrees with the findings contained therein. If the secretary advises the governing body in writing that the secretary agrees with each of the findings of the governing body, the governing body may proceed to establish the district as set forth in this act. If the secretary fails to agree with the findings, the secretary shall advise the governing body in writing of the specific reasons therefor.
History:
L. 1998, ch. 66, § 4; L. 2023, ch. 68, § 5; May 4, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5244a Creation of incentive districts in certain cities; limitations.

12-5244a. Creation of incentive districts in certain cities; limitations.
(a) The governing body of any city that satisfies the definition of such term under K.S.A. 12-5242(a)(2), and amendments thereto, is hereby authorized to designate reinvestment housing incentive districts within such city subject to the limitations of this section. Such city shall be subject to the provisions of K.S.A. 12-5244 through 12-5252, and amendments thereto.
(b) (1) The governing body of a city establishing a reinvestment housing incentive district under this section shall not:
(A) Designate more than 100 units within such district as for-sale units in one year or more than 100 units within such district as for-rent units in one year; and
(B) designate more than 50 units within such district associated with a single project as for-sale units in one year or more than 50 units within such district associated with a single project as for-rent units in one year.
(2) Units designated as for-sale units may be redesignated as for-rent units by the governing body if such units have not been sold within six months after the certificate of occupancy is granted.
(3) The governing body may designate for-sale and for-rent units for succeeding years as part of a proposed multi-phased, multi-year development plan adopted pursuant to K.S.A. 12-5246, and amendments thereto.
(c) The average size of each residence constructed per project within a reinvestment housing incentive district established under this section shall not exceed 1,650 square feet. The square footage shall be calculated excluding any garage area or other exterior area, such as porches, patios or unattached storage buildings.
(d) The provisions of this section shall be a part of and supplemental to the Kansas reinvestment housing incentive district act.
History:
L. 2023, ch. 68, § 1; May 4, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5246 Same; nullification of plan, when.

12-5246.
Same; nullification of plan, when.
(a) At the public hearing, a representative of the city or county shall present the proposed plan for the development or renovation of housing in the proposed district. Each project proposed for the district shall be identified and explained. At the hearing the developer or developers that have contracted with the city to undertake such project shall be identified and present in person or through such developer's representative. Following the presentation, all interested persons shall be given an opportunity to be heard. The governing body for good cause shown may recess such hearing to a time and date certain, which shall be fixed in the presence of persons in attendance at the hearing.
(b) Upon the conclusion of the public hearing, the governing body may adopt the plan for the district and may establish the district by ordinance or, in the case of any county, by resolution. The boundaries of such district shall not include any area not designated in the notice required by K.S.A. 12-5245. Any addition of area to the district or any substantial change to the plan shall be subject to the same procedure for public notice and hearing as required for the initial establishment of the district.
(c) The ordinance or resolution establishing the district shall be null and void if, within 30 days following the conclusion of the hearing:
(1) The board of education levying taxes on such property determines by resolution that the proposed district will have an adverse effect on such school district;
(2) the governing body of any city located within three miles of * district proposed to be established by a county determines by ordinance that the proposed district will have an adverse effect on such city; or
(3) the board of county commissioners of the county in which a city governing body proposes to establish such a district determines by resolution that the proposed district will have an adverse effect on such county.
History: L. 1998, ch. 66, § 6; L. 2008, ch. 92, § 2; April 24.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5247 Acquisition of property; exercise of power of eminent domain prohibited; sale or lease to developer; relocation assistance payments.

12-5247. Acquisition of property; exercise of power of eminent domain prohibited; sale or lease to developer; relocation assistance payments.
(a) Any governing body that has established a reinvestment housing incentive district as provided in this act may purchase or otherwise acquire real property; however, the property may not be acquired through the exercise of the power of eminent domain. Relocation assistance payments shall be provided by the city or county in accordance with the provisions of K.S.A. 12-1777, and amendments thereto, to any tenants required to be relocated as a result of the acquisition of such property for any project in the district.
(b) Any property acquired by a city or county under this act may be sold or leased to any developer, in accordance with the reinvestment housing incentive plan and under such conditions as shall have been agreed to prior to the adoption of the plan. The city or county and the developer may agree to any additional terms and conditions, but if the developer requests to be released from any obligations agreed to and embodied in the plan, such release shall constitute a substantial change and subject to the requirements provided in K.S.A. 12-5246(b), and amendments thereto.
History:
L. 1998, ch. 66, § 7; L. 2023, ch. 68, § 6; May 4, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5251 Same; transmission of documents to taxing subdivision officials; certification of increased valuation.

12-5251.
Same; transmission of documents to taxing subdivision officials; certification of increased valuation.
(a) After the adoption by the governing body of a plan which contains the provisions required by K.S.A. 12-5251*, the clerk of the city or county shall transmit a copy of the description of the land within the district, a copy of the ordinance or resolution adopting the plan and a map or plat indicating the boundaries of the district, to the clerk, appraiser and treasurer of the county in which the district is located and to the governing bodies of any taxing subdivision which levy taxes upon any property in the district. Such documents shall be transmitted as promptly as practicable following the adoption or modification of the plan, but in any event, on or before the January 1st next following the adoption or modification of the plan.
(b) The appraiser of any county in which a district is authorized by a city or county shall certify the amount of such increase in assessed valuation of real and personal property within the district to the county clerk on or before July 1 of each year.
History:
L. 1998, ch. 66, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5252 Exemption from certain requirements for cities in a county under a federal or state disaster declaration.

12-5252. Exemption from certain requirements for cities in a county under a federal or state disaster declaration.
(a) Any city that prior to July 1, 2013, is located, in whole or in part, within the boundaries of a county designated by the United States federal emergency management agency under major disaster declaration FEMA-1711-DR or FEMA-1699, as eligible to receive individual or public assistance from the United States federal government that desires to designate a reinvestment housing incentive district pursuant to this act or such county shall be exempt from the provisions of K.S.A. 12-5244(c), and amendments thereto, and may adopt a plan for a designated reinvestment housing incentive district without the approval of the secretary and without conducting a public hearing on such proposed plan.
(b) For any city in a county declared by the governor to be a state of disaster after January 1, 2008, or such county if the governor finds that such disaster resulted in the destruction of a significant amount of residential housing in such city or county the governor may designate such city or county to exercise the exemption authorized by subsection (a) for a period of five years from the date of the declaration of a state of disaster.
(c) Nothing in this section shall be construed so as to exempt a city or county from any other requirement set forth in this act, or to limit any of the rights, duties and privileges of a city or county under any other provisions of this act.
History:
L. 2008, ch. 92, § 3; L. 2023, ch. 68, § 8; May 4, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5256 Rural housing incentives state housing trust fund; expenditures; transfers from the state economic development initiatives fund; purposes of loans or grants; report to legislature.

12-5256. Rural housing incentives state housing trust fund; expenditures; transfers from the state economic development initiatives fund; purposes of loans or grants; report to legislature.
(a) All expenditures from the state housing trust fund made for the purposes of K.S.A. 12-5253 through 12-5255, and amendments thereto, shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the president of the Kansas housing resources corporation.
(b) (1) On July 1, 2022, July 1, 2023, and July 1, 2024, the director of accounts and reports shall transfer $2,000,000 from the state economic development initiatives fund to the state housing trust fund established by K.S.A. 74-8959, and amendments thereto.
(2) Notwithstanding the provisions of K.S.A. 74-8959, and amendments thereto, to the contrary, during fiscal year 2023, fiscal year 2024 and fiscal year 2025, moneys in the state housing trust fund shall be used solely for the purpose of loans or grants to cities or counties for infrastructure or housing development in rural areas. During such fiscal years, on or before January 8, 2024, January 13, 2025, and January 12, 2026, the president of the Kansas housing resources corporation shall submit a report concerning the activities of the state housing trust fund to the house of representatives committee on appropriations and the senate committee on ways and means.
History:
L. 2008, ch. 92, § 7; L. 2009, ch. 124, § 136; L. 2009, ch. 144, § 82; L. 2010, ch. 165, § 142; L. 2011, ch. 118, § 177; L. 2012, ch. 175, § 152; L. 2013, ch. 136, § 263; L. 2014, ch. 142, § 111; L. 2015, ch. 104, § 234; L. 2017, ch. 104, § 228; L. 2019, ch. 68, § 167; L. 2020, ch. 5, § 158; L. 2021, ch. 98, § 172; L. 2022, ch. 81, § 177; L. 2023, ch. 82, § 173; May 8, 2023.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5259 Kansas rural home loan guarantee act; citation.

12-5259. Kansas rural home loan guarantee act; citation.
The provisions of K.S.A. 12-5259 through 12-5263, and amendments thereto, shall be known and may be cited as the Kansas rural home loan guarantee act.
History:
L. 2022, ch. 85, § 15; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5260 Same; definitions.

12-5260. Same; definitions.
As used in the Kansas rural home loan guarantee act:
(a) "Act" means the Kansas rural home loan guarantee act;
(b) "corporation" means the Kansas housing resources corporation;
(c) "financial institution" means any bank, trust company, savings bank, credit union, savings and loan association or any other lending institution that is approved by the corporation;
(d) "loan" means a transaction with a financial institution to provide the owner financing for the construction or renovation of a single-family home in a rural county; and
(e) "rural county" means any county in this state with a population of less than 10,000, as certified to the secretary of state pursuant to K.S.A. 11-201, and amendments thereto, on July 1 of the preceding year.
History:
L. 2022, ch. 85, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5261 Same; loan guarantees; lending standards; administration by Kansas housing resources corporation; rules and regulations.

12-5261. Same; loan guarantees; lending standards; administration by Kansas housing resources corporation; rules and regulations.
(a) The corporation is hereby authorized to enter into agreements with financial institutions to provide loan guarantees against risk of default for rural housing loans in accordance with the provisions of this act. Except as provided in K.S.A. 12-5262, and amendments thereto, for payment for a loan guarantee for which the state housing trust fund is liable, no claim against the state under this act shall be paid by the state, the corporation or any other state agency other than pursuant to an appropriation act of the legislature after such claim has been filed with and considered by the joint committee on special claims against the state.
(b) Eligible financial institutions shall apply all usual lending standards to determine the creditworthiness of eligible rural home loan borrowers. The financial institution originating the loan shall be responsible for monitoring the loan and, in case of any default, working with the borrower to obtain the collateral for the loan. The financial institution shall be in the first position and the state in second position to recover on the loan.
(c) The corporation shall administer the provisions of this act and shall adopt rules and regulations for the implementation or administration of this act including the development of an application process. The loan guarantee agreement with the corporation shall include reporting requirements and financial standards that are appropriate for the type of loan for the borrower. The corporation may enter into contracts that the corporation deems necessary for the implementation or administration of this act. The corporation may impose fees and charges as may be necessary to recover costs incurred for the administration of this act.
History:
L. 2022, ch. 85, § 17; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5262 Same; backing by state housing trust fund; eligible costs; limitations; fees and charges.

12-5262. Same; backing by state housing trust fund; eligible costs; limitations; fees and charges.
(a) Notwithstanding the provisions of K.S.A. 12-5256 or 74-8959, and amendments thereto, to the contrary, each agreement entered into by the corporation to guarantee against default on a loan transaction shall be backed by the state housing trust fund and shall receive prior approval by the corporation or the corporation's designee.
(b) Each loan transaction eligible for a guarantee under this act shall be for the construction or renovation of a single-family home in a rural county. Eligible costs may include land and building purchases, renovation and new construction costs, equipment and installation costs, predevelopment costs that may be capitalized, financing, capitalized interest during construction and consultant fees that do not include staff costs.
(c) The portion of the loan guaranteed by the corporation under this act shall be for the amount of the loan that exceeds 80% of the appraised value of the home. No loan amount above 125% of the appraised value of the home shall be guaranteed by the corporation under this act. The loan amount guaranteed by the corporation under this act shall not exceed $100,000 per home.
(d) The total amount of loans guaranteed by the corporation under this act shall not exceed $2,000,000.
(e) All fees and charges imposed by the corporation and other moneys received by the corporation under this act shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state housing trust fund.
History:
L. 2022, ch. 85, § 18; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 52 - Local Residential Housing › 12-5263 Same; annual report to certain legislative committees.

12-5263. Same; annual report to certain legislative committees.
Beginning with the 2023 regular session of the legislature, the corporation shall prepare an annual report of the Kansas rural home loan guarantee act activity, including new loans, loan repayment status and other relevant information regarding activities under this act and shall submit such report at the beginning of each regular session of the legislature to the house of representatives committee on appropriations, or to the appropriate budget committee, and the senate committee on ways and means, or to the appropriate subcommittee thereof or to the successors of such committees.
History:
L. 2022, ch. 85, § 19; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5362 Kansas 911 act.

12-5362. Kansas 911 act.
K.S.A. 12-5362 through 12-5381, and amendments thereto, shall be known and may be cited as the Kansas 911 act.
History:
L. 2011, ch. 84, § 1; May 26.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5365 911 federal grant fund; creation; administrator of fund; authorized uses.

12-5365. 911 federal grant fund; creation; administrator of fund; authorized uses.
(a) There is hereby established in the state treasury the 911 federal grant fund.
(b) The chair of the 911 coordinating council shall serve as the administrator of the 911 federal grant fund and shall distribute grants in accordance with the recommendations of the 911 coordinating council. Subject to the conditions and in accordance with the requirements of this act and 47 C.F.R. part 400, the chair is authorized to perform such acts necessary for the effectuation of this act.
(c) Moneys received by the state from the federal government for the purposes of the fund shall be credited to the fund.
(d) Subject to the conditions and in accordance with the requirements of this act and 47 C.F.R. part 400, moneys credited to the fund shall be used only:
(1) To pay all expenses incurred in the administration of the fund; and
(2) to provide grants to eligible municipalities only for necessary and reasonable costs incurred or to be incurred by PSAPs for: (A) Implementation of enhanced 911 service and next generation 911 service, as defined in K.S.A. 12-5363, and amendments thereto; (B) purchase of equipment and upgrades and modification to equipment used solely to process the data elements of enhanced 911 service and next generation 911 service, as defined in K.S.A. 12-5363, and amendments thereto; and (C) 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.
(e) All payments and disbursements from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chair or by a person or persons designated by the chair.
History:
L. 2011, ch. 84, § 4; L. 2019, ch. 39, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5366 911 state maintenance fund; creation; administrator of fund; authorized uses.

12-5366. 911 state maintenance fund; creation; administrator of fund; authorized uses.
(a) There is hereby established in the state treasury the 911 state maintenance fund.
(b) The chair of the 911 coordinating council shall serve as the administrator of the 911 state maintenance fund and shall distribute grants in accordance with the recommendations of the 911 coordinating council. Subject to the conditions and in accordance with the requirements of this act and 47 C.F.R. part 400, the chair is authorized to perform such acts necessary for the effectuation of this act.
(c) Moneys from the following sources shall be credited to the fund:
(1) Amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(2) interest attributable to investment of moneys in the fund; and
(3) amounts received from any public or private entity for the purposes of the fund.
(d) Moneys credited to the fund shall be used only:
(1) To pay all expenses incurred in the administration of the fund; and
(2) to provide grants to eligible municipalities only for necessary and reasonable costs incurred or to be incurred by PSAPs for: (A) Implementation of enhanced 911 service and next generation 911 service, as defined in K.S.A. 12-5363, and amendments thereto; (B) purchase of equipment and upgrades and modification to equipment used solely to process the data elements of enhanced 911 service and next generation 911 service, as defined in K.S.A. 12-5363, and amendments thereto; and (C) 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.
(e) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the 911 state maintenance fund interest earnings based on:
(1) The average daily balance of moneys in the 911 state maintenance fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
(f) All payments and disbursements from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chair or by a person or persons designated by the chair.
History:
L. 2011, ch. 84, § 5; L. 2019, ch. 39, § 4; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5367 Local collection point administrator; selection; subject to open meetings act and open records act; treatment of public funds.

12-5367. Local collection point administrator; selection; subject to open meetings act and open records act; treatment of public funds.
The 911 coordinating council, by an affirmative vote of nine voting members, shall select the local collection point administrator. In selecting the LCPA, the council shall contract with the LCPA for services for no longer than two years, however, the council may, by an affirmative vote of nine voting members, extend such contract for up to two additional years. The 911 coordinating council shall receive the approval of the legislative coordinating council in selecting an LCPA if the entity to be designated as the LCPA is different than the previous entity designated as the LCPA. The 911 coordinating council shall annually review the designation of the LCPA and the contract with the LCPA for services. The LCPA shall be subject to the requirements of the Kansas open meetings act, the Kansas open records act and shall treat all moneys received as public funds pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto. Notwithstanding any other provision of law to the contrary, the LCPA shall not be considered a state agency.
History:
L. 2011, ch. 84, § 6; L. 2014, ch. 6, § 3; L. 2019, ch. 39, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5369 911 fee established; applicability, exception; duty to collect and remit.

12-5369. 911 fee established; applicability, exception; duty to collect and remit.
Subject to the provisions of K.S.A. 12-5364(g), and amendments thereto, there is hereby imposed a 911 fee in the amount of $.90 per month per subscriber account of any exchange telecommunications service, wireless telecommunications service, VoIP service, or other service capable of contacting a PSAP. Such fee shall not be imposed on prepaid wireless service. It shall be the duty of each exchange telecommunications service provider, wireless telecommunications service provider, VoIP service provider or other service provider to remit such fees to the LCPA as provided in K.S.A. 12-5370, and amendments thereto.
History:
L. 2011, ch. 84, § 8; L. 2019, ch. 39, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5370 911 fee collection and remittance.

12-5370. 911 fee collection and remittance.
(a) Every billed service user shall be liable for the 911 fee until such fees have been paid to the exchange telecommunications service provider, wireless telecommunications service provider, VoIP service provider or other service provider.
(b) All providers shall have the duty to collect the fees imposed pursuant to this act. Such fees shall be added to and may be stated separately in billings for the subscriber account. If stated separately in billings, the fees shall be labeled ''911 fees.''
(c) The provider shall have no obligation to take any legal action to enforce the collection of the fees imposed by this act. The provider shall provide annually to the LCPA a list of the amount of uncollected 911 fees along with the names and addresses of those service users which carry a balance that can be determined by the provider to be nonpayment of such fees.
(d) The fees imposed by this act shall be collected insofar as practicable at the same time as, and along with, the charges for local exchange, wireless, VoIP, or other service in accordance with regular billing practice of the provider.
(e) The 911 fees and the amounts required to be collected therefor are due monthly. The amount of such fees collected in one month by the provider shall be remitted to the LCPA not more than 15 days after the close of the calendar month. On or before the 15th day of each calendar month following, a return for the preceding month shall be filed with the LCPA. Such return shall be in such form and shall contain such information as required by the LCPA. The provider required to file the return shall deliver the return together with a remittance of the amount of fees payable to the LCPA. The provider shall maintain records of the amount of any such fees collected in accordance with this act for a period of three years from the time the fees are collected.
(f) The provisions of this section shall not be construed to apply to prepaid wireless service.
History:
L. 2011, ch. 84, § 9; L. 2019, ch. 39, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5372 Same; collection and remittance; department of revenue; procedures for collection; remittance of fees.

12-5372. Same; collection and remittance; department of revenue; procedures for collection; remittance of fees.
(a) Prepaid wireless 911 fees collected by sellers shall be remitted to the department by electronic filing that is consistent with the provisions of article 36 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. The department shall establish registration and payment procedures for the collection of the prepaid wireless 911 fee.
(b) To minimize additional costs to the department, the department may conduct audits of sellers in conjunction with sales and use tax audits. The department is authorized to provide the LCPA with information obtained in such audits if such information indicates that a seller may not be complying with the provisions of this section and K.S.A. 12-5371, and amendments thereto. The LCPA may request the department to initiate collection or audit procedures on individual sellers if collection efforts by the LCPA are unsuccessful.
(c) The department shall establish procedures by which a seller may document that a sale is not a retail sale, which procedures shall substantially coincide with procedures for documenting sale for resale transactions for article 36 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto.
(d) The department shall transfer all remitted prepaid wireless 911 fees to the LCPA within 30 days of receipt for distribution as provided in K.S.A. 12-5374, and amendments thereto.
History:
L. 2011, ch. 84, § 11; L. 2019, ch. 39, § 10; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5373 Same; sole funding obligation.

12-5373. Same; sole funding obligation.
The prepaid wireless 911 fee imposed in this act shall be the only 911 funding obligation imposed with respect to prepaid wireless service in this state. No tax, fee, surcharge or other charge shall be imposed by this state, any political subdivision of this state or any intergovernmental agency for 911 funding purposes upon any prepaid wireless service provider, seller or consumer with respect to the sale, purchase, use or provision of prepaid wireless service.
History:
L. 2011, ch. 84, § 12; L. 2019, ch. 39, § 11; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5376 Provision of 911 service; limitation on liability.

12-5376. Provision of 911 service; limitation on liability.
Except as provided by the Kansas tort claims act, and except for action or inaction that constitutes gross negligence or willful and wanton misconduct, the LCPA, PSAPs, and each provider, and their employees, agents, suppliers and subcontractors, and each seller, and their employees, agents, suppliers and subcontractors, shall not be liable for the payment of damages resulting directly or indirectly from the total or partial failure of any transmission to an emergency communication service or for damages resulting from the performance of installing, maintaining or providing 911 service.
History:
L. 2011, ch. 84, § 15; L. 2019, ch. 39, § 14; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5378 911 service; provider cost recovery.

12-5378. 911 service; provider cost recovery.
Nothing in this act shall be construed to limit the ability of a provider from recovering directly from the provider's customers its costs associated with designing, developing, deploying and maintaining 911 service and its cost of collection and administration of the fees imposed by this act, whether such costs are itemized on the customer's bill as a surcharge or by any other lawful method.
History:
L. 2011, ch. 84, § 17; L. 2019, ch. 39, § 16; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5379 Wireless service; prior approval of provider by PSAP; establishment of "911" service by provider.

12-5379. Wireless service; prior approval of provider by PSAP; establishment of "911" service by provider.
A provider of wireless telecommunications service shall: (1) Receive prior approval of the PSAP of that jurisdiction before directing emergency calls to such PSAP; and (2) establish the unique emergency telephone number "911" across the state, excluding the Kansas turnpike assistance telephone number.
History:
L. 2011, ch. 84, § 18; May 26.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5380 Provision for 24-hour receipt of 911 calls.

12-5380. Provision for 24-hour receipt of 911 calls.
The governing body of each city and county shall provide or contract for the 24-hour receipt of 911 calls for all service areas within the jurisdiction of the city or county.
History:
L. 2011, ch. 84, § 19; L. 2019, ch. 39, § 17; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 53 - Emergency Telephone Services › 12-5381 Severability.

12-5381. Severability.
The provisions of this act are declared to be severable and if any provision, word, phrase or clause of the act or the application thereof to any person shall be held invalid, such invalidity shall not affect the validity of the remaining portions of this act.
History:
L. 2011, ch. 84, § 25; May 26.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5501 Privatization of public services; definitions.

12-5501.
Privatization of public services; definitions.
As used in this act:
(a) "Capital intensive public service" means a public service which requires the investment of capital by a private contractor in physical facilities which would be amortized over a period exceeding one year;
(b) "public service" means (1) the collection, transportation, processing, recycling or disposal of solid wastes or (2) the acquisition, treatment or distribution of water;
(c) "municipality" means any city or county or two or more cities or counties acting jointly;
(d) "private contractor" means one or more persons who are not a municipality;
(e) "service agreement" means any contract between a municipality and a private contractor under which the private contractor agrees to furnish to the municipality or to any other user a capital intensive public service and the municipality agrees to pay or cause to be paid to the private contractor a service fee for such service setting forth the terms and conditions thereof;
(f) "service fee" means the payment the municipality is required under the service agreement to make, or cause to be made, to the private contractor, including payments made by third parties to the private contractor for products or services and credited against payments the municipality otherwise would have to make or cause to be made under the service agreement;
(g) "user" means the municipality and all other persons who use the capital intensive public service furnished by the private contractor.
History:
L. 1990, ch. 64, § 1; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5502 Same; contract with private contractor.

12-5502.
Same; contract with private contractor.
Any municipality may contract with a private contractor to furnish in accordance with a service agreement any capital intensive public service which the municipality is authorized by law to furnish and for that purpose a municipality may exercise any and all of the powers provided in this act.
History:
L. 1990, ch. 64, § 2; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5503 Same; service agreement; term; service fee; limitations.

12-5503.
Same; service agreement; term; service fee; limitations.
(a) Subject to provisions contained in this act, a municipality may enter into a service agreement for a term not to exceed 30 years. However, the service agreement may permit the municipality either to extend or renew the term of the service agreement, so long as the municipality is not bound under the service agreement for an extended period or renewal period of more than 30 years. Under the service agreement, the municipality may:
(1) Obligate itself to pay or cause to be paid a service fee for the availability and use of the capital intensive public service to be furnished under the service agreement;
(2) enter into other agreements relating to the services to be provided which the municipality considers appropriate and which are not otherwise contrary to law; and
(3) either pledge its full faith and credit or obligate a specific source of payment for the payment of the service fee.
(b) The obligation of the municipality to pay the service fee under the service agreement shall not be within any statutory limitation on the bonded indebtedness of the municipality. The amount of money to be paid by a municipality pursuant to a service agreement shall not exceed 5% of the bonded debt limit of the municipality.
History:
L. 1990, ch. 64, § 3; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5505 Same; service fee, payment of; taxes, fees, charges, special assessments.

12-5505.
Same; service fee, payment of; taxes, fees, charges, special assessments.
For the payment of a service fee or other monetary obligation under an existing service agreement or in anticipation of need under a future service agreement, the municipality may levy property taxes, impose fees and charges, levy special assessments, exercise any other revenue producing authority granted to it by law and apply public funds therefor in the same manner, and subject to the same conditions and limitations, that would apply if the related facilities necessary to provide the public service were acquired, constructed, owned and operated exclusively by the municipality.
History:
L. 1990, ch. 64, § 5; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5506 Same; sale or lease of land and facilities; bonds, loans, grants; eminent domain, prohibited.

12-5506.
Same; sale or lease of land and facilities; bonds, loans, grants; eminent domain, prohibited.
The municipality, in compliance with the service agreement, may sell or lease to the private contractor or any other municipality, on terms and conditions as the municipality considers appropriate, any existing related facilities, including land owned by the municipality. The municipality also may issue bonds, borrow money and accept grants for the acquisition of land or related facilities, to the extent and in the manner otherwise authorized by law, but no such land or facilities shall be sold or given to the private contractor. Nothing in this act shall authorize a municipality to acquire land by eminent domain for sale or gift to a private contractor.
History:
L. 1990, ch. 64, § 6; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5507 Same; service agreement, terms relating to ownership of property; default.

12-5507.
Same; service agreement, terms relating to ownership of property; default.
The agreement shall specify the title and ownership of all property involved in providing the public service, including any property owned by the municipality to be used by the private contractor. The service agreement may contain provisions under which title to any land, equipment or facilities in the name of the private contractor shall vest in or revert to the municipality, including provisions to be implemented if the private contractor defaults under any specified provisions in the service agreement. The municipality may acquire or reacquire any facility and terminate the service agreement in accordance with its terms, notwithstanding that the service agreement may constitute an equitable mortgage.
History:
L. 1990, ch. 64, § 7; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5508 Same; contractor's exclusive right to provide service.

12-5508.
Same; contractor's exclusive right to provide service.
The municipality may agree that the sole and exclusive right to provide the capital intensive public service within its jurisdiction be assumed by the private contractor under the service agreement in the same manner and subject to the same limitations and conditions that would apply if the capital intensive public service and related facilities were acquired, constructed, owned and operated exclusively by the municipality.
History:
L. 1990, ch. 64, § 8; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5509 Same; property tax exemption; reduction of payments.

12-5509.
Same; property tax exemption; reduction of payments.
All real and personal property used for the performance of a public service may be exempt from ad valorem taxation to the extent such property is used exclusively for the performance of such public service. If any portion of the facility, title to which is vested in the private contractor, provides direct revenue to the private contractor in addition to payments from the municipality, that revenue producing portion of the property shall be assessed and taxed as any other property. Any direct revenue of the private contractor used to reduce payments required of the municipality, such as may occur in the sale of recycled materials, shall be considered as a payment from the municipality.
History:
L. 1990, ch. 64, § 9; July 1.
2023 Kansas Statutes › Chapter 12 - Cities And Municipalities › Article 55 - Privatization Of Public Services › 12-5510 Same; this act not exclusive authority for privatization.

12-5510.
Same; this act not exclusive authority for privatization.
The provisions and authority provided by this act shall be in addition to and supplemental to any other authority conferred by law or the constitution of the state of Kansas, and nothing herein shall be construed as requiring a municipality to conform to its provisions unless the governing body thereof elects to provide for the privatization of a public service in conformance with this act.
History:
L. 1990, ch. 64, § 10; July 1.