HB 2110

                             HOUSE BILL No. 2110
AN ACT concerning emergency communication services; relating to the Kansas 911 act;
   eliminating the requirement that the state 911 board shall contract with a local
   collection point administrator for services; rescheduling the date on which the state
   911 operations fund, state 911 grant fund and state 911 fund shall be established in
   the state treasury; rescheduling the date on which all moneys collected pursuant to
   the Kansas 911 act are to be transferred to the state treasury; requiring certain
   transfers to be made to the state 911 operations fund; authorizing the state 911 board
   to transfer annually any unencumbered moneys of the state 911 operations fund to the
   state 911 grant fund; amending K.S.A. 12-5363, as amended by section 11 of chapter
   53 of the 2024 Session Laws of Kansas, 12-5367, as amended by section 15 of
   chapter 53 of the 2024 Session Laws of Kansas, 12-5368, as amended by section 18
   of chapter 53 of the 2024 Session Laws of Kansas, 12-5369, as amended by section
   19 of chapter 53 of the 2024 Session Laws of Kansas, 12-5370, as amended by
   section 20 of chapter 53 of the 2024 Session Laws of Kansas, 12-5372, as amended
   by section 22 of chapter 53 of the 2024 Session Laws of Kansas, 12-5374, as
   amended by section 25 of chapter 53 of the 2024 Session Laws of Kansas, and 12-
   5375, as amended by section 28 of chapter 53 of the 2024 Session Laws of Kansas,
   and K.S.A. 2024 Supp. 12-5377, 12-5387, 12-5388, 12-5389 and 12-5390 and
   repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
    New Section 1. (a) Upon receipt of the 911 fees remitted by a
provider to the state board pursuant to K.S.A. 12-5370, and
amendments thereto, the state board shall remit such moneys to the
state treasurer in accordance with the provisions of 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 and,
except as provided in subsection (b), shall credit $.23 from every 911
fee remitted to the state 911 operations fund, $.01 from every 911 fee
remitted to the state 911 grant fund and the remaining amount of 911
fees remitted to the state 911 fund.
    (b) If the amount of moneys credited to the state 911 operations
fund pursuant to subsection (a) exceeds 15% of the total amount of the
911 fees remitted to the state treasurer over the prior three years, upon
receipt of each such remittance pursuant to this section, the state
treasurer shall credit any such moneys remitted to the state treasurer in
excess of such 15% total to the state 911 grant fund.
    (c) The provisions of this section shall take effect and be in force
from and after January 1, 2026.
    Sec. 2. K.S.A. 12-5363, as amended by section 11 of chapter 53 of
the 2024 Session Laws of Kansas, is hereby amended to read as
follows: 12-5363. As used in the Kansas 911 act:
    (a) "Board" means the state 911 board.
    (b) ''Consumer'' means a person who purchases prepaid wireless
service in a retail transaction.
    (c) ''Department'' means the Kansas department of revenue.
    (d) ''Enhanced 911 service'' or "E-911 service" means an
emergency telephone service that generally may provide, but is not
limited to, selective routing, automatic number identification and
automatic location identification features.
    (e) ''Exchange telecommunications service'' means the service that
provides local telecommunications exchange access to a service user.
    (f) "GIS" means a geographic information system for capturing,
storing, displaying, analyzing and managing data and associated
attributes that are spatially referenced.
    (g) "GIS data" means the geometry and associated attributes
packaged in a geodatabase that defines the roads, address points and
boundaries within a PSAP's jurisdiction.
    (h) "Governing body" means the board of county commissioners
of a county or the governing body of a city.
    (i) "Local collection point administrator" or "LCPA" means the
person designated by the board to serve as the local collection point
administrator pursuant to K.S.A. 12-5367, and amendments thereto.
    (j) "Multi-line telephone system" means a system comprised of
common control units, telephones and control hardware and software
providing local telephone service to multiple end-use customers that
may include VoIP service and network and premises based systems
such as centrex, private branch exchange and hybrid key telephone
                    HOUSE BILL No. 2110—page 2
systems.
    (k)(j) ''Next generation 911'' means 911 service that conforms with
national emergency number association (NENA) i3 standards and
enables PSAPs to receive Enhanced 911 service calls and emergency
calls from Internet Protocol (IP) based technologies and applications
that may include text messaging, image, video and data information
from callers.
    (l)(k) "Non-traditional PSAP" means a PSAP not operated by a
city or county, including, but not limited to, PSAPs operated by
universities, tribal governments or the state or federal government.
    (m)(l) ''Person'' means any individual, firm, partnership,
copartnership, joint venture, association, cooperative organization,
corporation, municipal or private, and whether organized for profit or
not, state, county, political subdivision, state department, commission,
board, bureau or fraternal organization, nonprofit organization, estate,
trust, business or common law trust, receiver, assignee for the benefit of
creditors, trustee or trustee in bankruptcy or any other legal entity.
    (n)(m) ''Prepaid       wireless    service''   means     a     wireless
telecommunications service that allows a caller to dial 911 to access the
911 system, that is paid for in advance and sold in predetermined units
or dollars of which the number declines with use in a known amount.
    (o)(n) ''Place of primary use'' has the meaning provided in the
mobile telecommunications act as defined by 4 U.S.C. § 116 et seq., as
in effect on July 1, 2025.
    (p)(o) ''Provider'' means any person providing exchange
telecommunications service, wireless telecommunications service, VoIP
service or other service capable of contacting a PSAP. "Provider"
includes a 911 system operator.
    (q)(p) ''PSAP'' means a public safety answering point operated by
a city or county.
    (r)(q) ''Retail transaction'' means the purchase of prepaid wireless
service from a seller for any purpose other than resale, not including the
use, storage or consumption of such services.
    (s)(r) ''Seller'' means a person who sells prepaid wireless service to
another person.
    (t)(s) ''Service user'' means any person who is provided exchange
telecommunications service, wireless telecommunications service, VoIP
service, prepaid wireless service or any other service capable of
contacting a PSAP.
    (u)(t) ''Subscriber account'' means the 10-digit access number
assigned to a service user by a provider for the purpose of billing a
service user up to the maximum capacity of the simultaneous outbound
calling capability of a multi-line telephone system or equivalent
service.
    (v)(u) ''Subscriber radio equipment'' means mobile and portable
radio equipment installed in vehicles or carried by persons for voice
communication with a radio system.
    (w)(v) ''VoIP service'' means voice over internet protocol.
    (x)(w) ''Wireless telecommunications service'' means commercial
mobile radio service as defined by 47 C.F.R. § 20.3 as in effect on July
1, 2025.
    (y)(x) "911 call" means any electronic request for emergency
response, presented by means of wireline, wireless, VoIP or
telecommunications device for the deaf (TDD) technology, text
message or any other technology by which a service user initiates an
immediate information interchange or conversation with a PSAP.
    (z)(y) "911 system operator" means any entity that accepts 911
calls from providers, processes those calls and presents those calls to
the appropriate PSAP.
    Sec. 3. K.S.A. 12-5367, as amended by section 15 of chapter 53 of
the 2024 Session Laws of Kansas, is hereby amended to read as
follows: 12-5367. (a) The state 911 board, by an affirmative vote of
nine voting members, shall select the local collection point
administrator. In selecting the LCPA, the board shall contract with the
                   HOUSE BILL No. 2110—page 3
LCPA for services for no longer than two years, however, the board
may, by an affirmative vote of nine voting members, extend such
contract for up to two additional years. The board 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 board shall annually review the
designation of the LCPA and the contract with the LCPA.
    (b) Any contract made between the 911 coordinating council and
an LCPA that is in existence on January 1, 2025, shall continue to be
valid, effective and enforceable until extended, revised, revoked or
terminated by the board.
    (c) The LCPA shall be subject to the requirements of the Kansas
open meetings act and, except as provided in K.S.A. 12-5374, and
amendments thereto, the Kansas open records act. The LCPA shall treat
all moneys received by the LCPA 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.
    (d) This section shall expire on January 1, 2026.
    Sec. 4. On and after January 1, 2026, K.S.A. 12-5368, as amended
by section 18 of chapter 53 of the 2024 Session Laws of Kansas, is
hereby amended to read as follows: 12-5368. (a) (1) Except as provided
for in paragraph (2), prior to the distribution of moneys pursuant to
K.S.A. 12-5374, and amendments thereto, the LCPA shall withhold
$.23 from every 911 fee remitted pursuant to K.S.A. 12-5369, and
amendments thereto, and shall remit such moneys to the state treasurer
in accordance with the provisions of 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 and credit such amount to
the state 911 operations fund established pursuant to section 5, and
amendments thereto.
    (2) If the moneys withheld from distribution pursuant to paragraph
(1) exceed 15% of the total receipts received by the LCPA from
providers and the department over the prior three years, such moneys in
excess of that 15% total shall be remitted to the state treasurer in
accordance with the provisions of 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 and credit such amount to
the state 911 grant fund established pursuant to section 6, and
amendments thereto.
    (3) If the balance in the state 911 grant fund is less than
$2,000,000, prior to the distribution pursuant to K.S.A. 12-5374, and
amendments thereto, the LCPA shall withhold $.01 from every 911 fee
remitted pursuant to K.S.A. 12-5369, and amendments thereto, and
shall remit such moneys to the state treasurer in accordance with the
provisions of 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 and credit such amount to the state 911
grant fund established pursuant to section 6, and amendments thereto.
    (b) The state 911 board shall be responsible for ensuring that the
moneys collected from 911 fees and prepaid wireless 911 fees are only
expended for purposes authorized pursuant to the Kansas 911 act.
    (c)(b) The state 911 board shall develop criteria for eligible
purchases and for grant applicants and make the final determination as
to the distribution of grant funds. Such criteria shall promote the
procurement of equipment that meets open architecture and national
technical standards. Grant moneys shall not be used to procure,
maintain or upgrade subscriber radio equipment.
    (d)(c) The state 911 board or the LCPA shall be authorized to
maintain an action to collect any moneys owed by any provider in the
district court in the county of the registered office of such provider or,
if such provider does not have a registered office in the state, such an
action may be maintained in the county where such provider's principal
office is located. If such provider has no principal office in the state,
                   HOUSE BILL No. 2110—page 4
such an action may be maintained in the district court of any county
where such provider provides service.
    Sec. 5. K.S.A. 12-5369, as amended by section 19 of chapter 53 of
the 2024 Session Laws of Kansas, is hereby amended to read as
follows: 12-5369. (a) Except as provided in subsection (b), 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.
    (b) The state 911 board may, pursuant to rules and regulations,
lower the 911 fee established pursuant to subsection (a) upon a finding
that the moneys generated by such 911 fee exceed the costs required to
operate PSAPs in the state.
    Sec. 6. K.S.A. 12-5370, as amended by section 20 of chapter 53 of
the 2024 Session Laws of Kansas, is hereby amended to read as
follows: 12-5370. (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 911 fee imposed
pursuant to K.S.A. 12-5369, and amendments thereto. Such 911 fee
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 911 fee. The provider shall provide
annually to the LCPA state 911 board a list of the amount of
uncollected 911 fees along with the names and addresses of those
service users that carry a balance that can be determined by the
provider to be nonpayment of such fees.
    (d) The 911 fee 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) Each provider shall remit the amount of all 911 fees collected
in each calendar month to the LCPA state 911 board not more than 15
days after the close of such calendar month. Upon each such
remittance, the provider shall file a return for the preceding month with
the LCPA board. Such remittance and return shall be provided in such
form and manner as required by the board. 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
the prepaid wireless 911 fee.
    Sec. 7. On and after January 1, 2026, K.S.A. 12-5372, as amended
by section 22 of chapter 53 of the 2024 Session Laws of Kansas, is
hereby amended to read as follows: 12-5372. (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 board and LCPA
with information obtained in such audits if such information indicates
that a seller may not be complying with the provisions of this section
                                  HOUSE BILL No. 2110—page 5
and K.S.A. 12-5371, and amendments thereto. The board or LCPA may
request the department to initiate collection or audit procedures on
individual sellers if collection efforts by the board or 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) (1) Except as provided in paragraph (2), the department shall
remit all moneys collected from the prepaid wireless 911 fees 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 and credit such amount to
the state 911 operations fund established pursuant to section 5, and
amendments thereto.
    (2) If the department remits $3,000,000 to the state treasurer
pursuant to paragraph (1) in any given year, then all remaining moneys
collected from the prepaid wireless 911 fee 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 and credit such amount to the
state 911 fund established pursuant to section 7, and amendments
thereto. Such moneys shall be distributed to governing bodies and
PSAPs in an amount proportional to each county's population as a
percentage share of the population of the state. For each PSAP within a
county, such moneys shall be distributed to each PSAP in an amount
proportional to the PSAP's population as a percentage share of the
population of the county. If there is no PSAP within a county, then such
moneys shall be distributed to the governing body that contracts with
another governing body of a PSAP for the provision of 911 PSAP
services. Moneys distributed pursuant to this paragraph shall only be
used for the uses authorized in K.S.A. 12-5375, and amendments
thereto.
    Sec. 8. On and after January 1, 2026, K.S.A. 12-5374, as amended
by section 25 of chapter 53 of the 2024 Session Laws of Kansas, is
hereby amended to read as follows: 12-5374. (a) (1) Except for the
amounts withheld by the LCPA pursuant to K.S.A. 12-5368, and
amendments thereto credited to the state 911 operations fund and state
911 grant fund pursuant to K.S.A. 12-5372, and amendments thereto,
and section 1, and amendments thereto, and any amounts withheld
from distribution pursuant to section 4 K.S.A. 2024 Supp. 12-5386, and
amendments thereto, not later than 30 days after the receipt of 911 fees
from providers pursuant to K.S.A. 12-5370, and amendments thereto,
and prepaid wireless 911 fees from the department pursuant to K.S.A.
12-5372, and amendments thereto, the state 911 board shall distribute
such moneys to the PSAPs or to governing bodies that contract with
another governing body of a PSAP for the provision of 911 PSAP
services. The amount of money distributed to the PSAPs in each
county, or to any governing body that contracts with another governing
body of a PSAP for the provision of 911 PSAP services, shall be based
upon the amount of 911 fees collected from service users located in that
county, based on place of primary use information provided by the
providers, by using the following distribution method:
Population of county  Percentage of collected
   911 fees to distribute
Over 80,000................................................................................................................... 85%
65,000 to 79,999............................................................................................................ 88%
55,000 to 64,999............................................................................................................ 91%
45,000 to 54,999............................................................................................................ 94%
35,000 to 44,999............................................................................................................ 97%
Less than 35,000.......................................................................................................... 100%
   (2) If the calculated amount for distribution within a county is less
than $70,000, the $70,000 shall be distributed for services within that
county.
                   HOUSE BILL No. 2110—page 6
    (3) The state 911 board may increase the minimum county
distribution amount not more than once per calendar year by an amount
that shall not exceed the minimum county distribution amount
established for the preceding calendar year multiplied by the average
percentage increase in the consumer price index for all urban
consumers in the midwest region as published by the bureau of labor
statistics of the United States department of labor for the preceding
calendar year. Prior to increasing the minimum county distribution
amount, the state 911 board shall evaluate:
    (A) Whether an increase is needed based on the expenditures of
the counties that are subject to such minimum distribution; and
    (B) the impact of any such proposed increase to the long-term
financial stability of all other distributions to PSAPs and counties made
pursuant to this section.
    (4) If there is a single PSAP providing services for a county, such
PSAP shall receive the governing body's distribution, if any. If there is
more than one PSAP in a county then distributions to each PSAP shall
be proportionately divided between the PSAPs in the county.
    (5)(3) After each distribution that is made pursuant to this section,
the state 911 board or LCPA shall certify to the director of accounts and
reports the total amount of unencumbered moneys remaining in the
state 911 fund and the amount of moneys that could not be attributed to
a specific PSAP or governing body. Upon receipt of such certification,
the director of accounts and reports shall transfer such certified amount
from the state 911 fund to the state 911 operations fund.
    (b). The state 911 board and the LCPA shall keep accurate
accounts of all receipts and disbursements of moneys from the 911 fees.
    (c) Records provided by any provider to the LCPA or to the state
911 board pursuant to this act shall be treated as proprietary records and
shall be withheld from the public upon request of the provider
submitting such records.
    Sec. 9. On and after January 1, 2026, K.S.A. 12-5375, as amended
by section 28 of chapter 53 of the 2024 Session Laws of Kansas, is
hereby amended to read as follows: 12-5375. (a) (1) Moneys
distributed to governing bodies and PSAPs pursuant to K.S.A. 12-5374,
and amendments thereto, and any interest earned on revenue derived
from such moneys, shall be used only for necessary and reasonable
costs incurred or to be incurred by governing bodies and PSAPs for:
    (A) Implementation of 911 services;
    (B) purchase of 911 equipment and upgrades;
    (C) maintenance and license fees for 911 equipment;
    (D) training of personnel, not to include salaries;
    (E) monthly recurring charges billed by service suppliers;
    (F) installation, service establishment and nonrecurring start-up
charges billed by the service supplier;
    (G) charges for capital improvements and equipment or other
physical enhancements to the 911 system;
    (H) maintenance and updates that are necessary to maintain
accurate GIS data;
    (I) emergency repair or replacement of a radio tower; or
    (J) the original acquisition and installation of road signs designed
to aid in the delivery of emergency service.
    (2) Such costs shall not include expenditures to lease, construct,
expand, acquire, remodel, renovate, repair, furnish or make
improvements to buildings or similar facilities. Such costs shall also not
include expenditures to purchase, procure, maintain or upgrade
subscriber radio equipment.
    (3) A governing body may contract with another governing body
of a PSAP for the provision of 911 PSAP services provided that the
moneys distributed to any such governing body pursuant to K.S.A. 12-
5374, and amendments thereto, shall only be used as authorized by this
section. If a governing body serves as the provider of PSAP services for
another governing body, both governing bodies shall enter into a
contract or memorandum of agreement that addresses contingency
                   HOUSE BILL No. 2110—page 7
plans and overflow arrangements. Any such contract or memorandum
of agreement shall be reviewed by the state 911 board with respect to
the provisions that relate to contingency plans and overflow
arrangements or that may conflict with the function of the statewide
911 system. If the state 911 board determines that any such provisions
are not acceptable, the state 911 board and the governing bodies shall
collaborate and work to resolve such concerns prior to the effective
date of such contract or memorandum of agreement. Any governing
body contracting with another governing body of a PSAP for the
provision of 911 PSAP services shall establish in the contract or
memorandum of agreement an agreed upon percentage of the
governing body's distribution amount for the LCPA state 911 board to
distribute to the governing body of the PSAP that is providing the 911
services.
    (b) The state 911 board shall, pursuant to rules and regulations,
establish a process for a PSAP or governing body that contracts with
another governing body of a PSAP for the provision of 911 PSAP
services, to seek pre-approval of an expenditure. The state 911 board
shall respond in writing to any pre-approval request within 30 days and
inform the PSAP stating whether the requested expenditure is approved
or disapproved. If the expenditure is disapproved, the written
notification shall state the reason for the disapproval and such PSAP or
governing body may, within 15 days after service of the notification,
make a written request to the state 911 board to appeal the board's
decision and for a hearing to be conducted in accordance with the
provisions of the Kansas administrative procedure act.
    (c) The state 911 board shall annually review expenditures of 911
moneys reported on the annual report for each PSAP or governing body
that contracts with another governing body of a PSAP for the provision
of 911 PSAP services and shall appoint a committee to review such
expenditures. If the committee determines that a reported expenditure
was not authorized by this act, the committee shall request that the
expenditure be refunded by the PSAP or governing body to the PSAP's
or governing body's 911 account. If a PSAP or governing body does not
concur with the finding of the committee, the PSAP or governing body
may request a review of the decision of the committee before the state
911 board. If the state 911 board, based upon information obtained
from an audit, determines that any PSAP or governing body has used
any 911 fees for any purpose other than those authorized in this act, the
governing body for such PSAP or governing body that contracts with
another governing body of a PSAP for the provision of 911 PSAP
services shall repay all such moneys used for any unauthorized
purposes to the 911 fee fund of such PSAP or governing body. Upon a
finding that the expenditure was made intentionally for a purpose
clearly established as an unauthorized expenditure, the state 911 board
may require such PSAP or governing body to pay the lesser of $500 or
10%, of such misused moneys, to the LCPA state 911 board. Upon
receipt of any moneys paid pursuant to this subsection, the LCPA state
911 board shall remit such moneys 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 and credit such amount to the state 911 grant fund. No
such repayment of 911 fees shall be imposed pursuant to this section
except upon the written order of the state 911 board. Such order shall
state the unauthorized purposes for which the funds were used, the
amount of funds to be repaid and the right of such PSAP or governing
body to appeal to a hearing before the Kansas office of administrative
hearings. Any such PSAP or governing body may, within 15 days after
service of the order, make a written request to the state 911 board for a
hearing thereon. Hearings under this subsection shall be conducted in
accordance with the provisions of the Kansas administrative procedure
act.
    (d) Any final action of the state 911 board pursuant to subsection
(b) or (c) is subject to review in accordance with the Kansas judicial
                   HOUSE BILL No. 2110—page 8
review act.
    Sec. 10. K.S.A. 2024 Supp. 12-5377 is hereby amended to read as
follows: 12-5377. (a) The receipts and disbursements of the LCPA shall
be audited yearly by a licensed municipal accountant or certified public
accountant.
    (b) The LCPA may require an audit of any provider's books and
records concerning the collection and remittance of fees pursuant to
this act. The cost of any such audit shall be paid from the 911
operations fund.
    (c) This section shall expire on January 1, 2026.
    Sec. 11. K.S.A. 2024 Supp. 12-5387 is hereby amended to read as
follows: 12-5387. (a) On or before the 15th day of each month, the state
911 board, or the entity that the board has contracted for services, shall
require the LCPA to provide a monthly report that accounts for every
transaction that has occurred during the previous month in the 911 state
fund, 911 state grant fund and the 911 operations fund established
outside the state treasury pursuant to K.S.A. 12-5368, and amendments
thereto. Such report shall include line item amounts and details for
every transaction, including debits, credits, transfers, fees assessed,
interest earned, change in ownership, change in authorized signatories
or any other event that may have altered the structure or balance of the
account. The LCPA state 911 board, or the entity that the board has
contracted for services, shall submit each monthly report to the
secretary of administration and to the director of legislative research.
On or before January 31, 2026, the state 911 board shall prepare and
submit to the legislature a report that summarizes the transactions
reported in such monthly reports and shall confirm that the accounts
have been closed and all assets have been transferred to the state
treasury in accordance with the requirements of K.S.A. 2024 Supp. 12-
5388 through 12-5390, and amendments thereto.
    (b) The provisions of this section shall take effect and be in force
on and after July 1, 2025.
    (c) This section shall expire on February 1, 2026.
    Sec. 12. K.S.A. 2024 Supp. 12-5388 is hereby amended to read as
follows: 12-5388. (a) There is hereby created in the state treasury the
state 911 operations fund. All moneys received pursuant to K.S.A. 12-
5368, 12-5372 and 12-5374, and amendments thereto, for purposes of
such fund shall be deposited into the state 911 operations fund. All
expenditures from the state 911 operations 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
chairperson of the state 911 board or the chairperson's designee.
    (b) The state 911 operations fund shall be used only for the
following purposes:
    (1) Administrative and operational expenses of the state 911
board, including salaries of persons employed by the board;
    (2) payment and expenses incurred pursuant to contracts entered
into by the board for the performance of the powers, duties and
functions of the board;
    (3) payment to state agencies or independent contractors for
expenses incurred in carrying out the powers, duties and functions of
the board; and
    (4) development, deployment, implementation and maintenance of
the statewide next generation 911 system.
    (c) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the state 911
operations fund interest earnings based on:
    (1) The average daily balance of moneys in the state 911
operations fund for the preceding month; and
    (2) the net earnings rate for the pooled money investment portfolio
for the preceding month.
    (d) The state 911 operations fund shall be used for the purposes set
forth in this act and for no other governmental purposes. Moneys in the
state 911 operations fund shall not be subject to the provisions of
                   HOUSE BILL No. 2110—page 9
K.S.A. 75-3722, 75-3725a and 75-3726a, and amendments thereto.
    (e) On July 1, 2025, the state 911 board, or the entity that the
board has contracted for services, shall remit $1,000,000 from the 911
operations fund established outside the state treasury pursuant to
K.S.A. 12-5368, and amendments thereto, to the state treasurer in
accordance with the provisions of K.S.A. 75-4215, and amendments
thereto. Upon receipt of such remittance, the state treasurer shall
deposit the entire amount in the state treasury and credit such amount
to the state 911 operations fund.
    (f) If the state 911 board determines that unencumbered moneys
remain in the state 911 operations fund from a prior fiscal year, upon
the affirmative vote of a majority of the members of the state 911
board, the chairperson of the state 911 board or the chairperson's
designee may, once per fiscal year, certify to the director of accounts
and reports an amount of such unencumbered moneys in the state 911
operations fund. Upon receipt of such certification, the director of
accounts and reports shall transfer such certified amount from the state
911 operations fund to the state 911 grant fund. Prior to certifying such
amount to the director of accounts and reports, the state 911 board
shall ensure that such transfer is based on the board's assessment of
operational needs and will not impair the board's ability to continue to
meet the board's statutory obligations.
    (g) On January 1 2, 2026:
    (1) The LCPA state 911 board, or the entity that the board has
contracted for services, shall remit to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto, the
balance of all moneys in the 911 operations fund established pursuant
to K.S.A. 12-5368, and amendments thereto. Upon receipt of such
remittance, the state treasurer shall deposit the entire amount in the
state treasury and credit such amount to the state 911 operations fund.
    (2) All liabilities of the 911 operations fund are hereby transferred
to and imposed on the state 911 operations fund.
    (3) The 911 operations fund established by the LCPA outside the
state treasury pursuant to K.S.A. 12-5368, and amendments thereto, is
hereby abolished.
    (f)(h) The provisions of this section shall take effect and be in
force on and after January 1, 2026 July 1, 2025.
    Sec. 13. K.S.A. 2024 Supp. 12-5389 is hereby amended to read as
follows: 12-5389. (a) There is hereby created in the state treasury the
state 911 grant fund. All moneys received pursuant to K.S.A. 12-5368
and 12-5374, and amendments thereto, for purposes of such fund shall
be deposited into the state 911 grant fund. All expenditures from the
state 911 grant 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 chairperson of the state 911
board or the chairperson's designee.
    (b) The state 911 grant fund shall be used only for the following
purposes:
    (1) Providing state grants for projects involving the development
and implementation of next generation 911 services;
    (2) provide providing grants to PSAPs based on demonstrated
need; and
    (3) costs associated with PSAP consolidation or cost-sharing
projects.
    (c) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the state 911
grant fund interest earnings based on:
    (1) The average daily balance of moneys in the state 911 grant
fund for the preceding month; and
    (2) the net earnings rate for the pooled money investment portfolio
for the preceding month.
    (d) The state 911 grant fund shall be used for the purposes set
forth in this act and for no other governmental purposes. Moneys in the
state 911 grant fund shall not be subject to the provisions of K.S.A. 75-
                   HOUSE BILL No. 2110—page 10
3722, 75-3725a and 75-3726a, and amendments thereto.
    (e) On January 1 2, 2026:
    (1) The LCPA state 911 board, or the entity that the board has
contracted for services, shall remit to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto, the
balance of all moneys in the 911 state grant fund established pursuant
to K.S.A. 12-5368, and amendments thereto. Upon receipt of such
remittance, the state treasurer shall deposit the entire amount in the
state treasury and credit such amount to the state 911 grant fund.
    (2) All liabilities of the 911 state grant fund are hereby transferred
to and imposed on the state 911 grant fund.
    (3) The 911 state grant fund established by the LCPA outside the
state treasury pursuant to K.S.A. 12-5368, and amendments thereto, is
hereby abolished.
    (f) The provisions of this section shall take effect and be in force
on and after January 1, 2026 July 1, 2025.
    Sec. 14. K.S.A. 2024 Supp. 12-5390 is hereby amended to read as
follows: 12-5390. (a) There is hereby created in the state treasury the
state 911 fund. All moneys received pursuant to K.S.A. 12-5368 and
12-5374, and amendments thereto, for purposes of such fund shall be
deposited into the state 911 fund. All expenditures from the state 911
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 chairperson of the state 911 board or the chairperson's
designee.
    (b) The state 911 fund shall be used for direct distributions of
moneys pursuant to K.S.A. 12-5374, and amendments thereto.
    (c) On or before the 10th of each month, the director of accounts
and reports shall transfer from the state general fund to the state 911
fund interest earnings based on:
    (1) The average daily balance of moneys in the state 911 fund for
the preceding month; and
    (2) the net earnings rate for the pooled money investment portfolio
for the preceding month.
    (d) The state 911 fund shall be used for the purposes set forth in
this act and for no other governmental purposes. Moneys in the state
911 fund shall not be subject to the provisions of K.S.A. 75-3722, 75-
3725a and 75-3726a, and amendments thereto.
    (e) On January 1 2, 2026:
    (1) The LCPA state 911 board, or the entity that the board has
contracted for services, shall remit to the state treasurer in accordance
with the provisions of K.S.A. 75-4215, and amendments thereto, the
balance of all moneys in the 911 state fund established pursuant to
K.S.A. 12-5368, and amendments thereto. Upon receipt of such
remittance, the state treasurer shall deposit the entire amount in the
state treasury and credit such amount to the state 911 fund.
    (2) All liabilities of the 911 state fund are hereby transferred to
and imposed on the state 911 fund.
    (3) The 911 state fund established by the LCPA outside the state
treasury pursuant to K.S.A. 12-5368, and amendments thereto, is
hereby abolished.
    (f) The provisions of this section shall take effect and be in force
on and after January 1, 2026 July 1, 2025.
    Sec. 15. K.S.A. 12-5363, as amended by section 11 of chapter 53
of the 2024 Session Laws of Kansas, 12-5367, as amended by section
15 of chapter 53 of the 2024 Session Laws of Kansas, 12-5369, as
amended by section 19 of chapter 53 of the 2024 Session Laws of
Kansas, and 12-5370, as amended by section 20 of chapter 53 of the
2024 Session Laws of Kansas, and K.S.A. 2024 Supp. 12-5377, 12-
5387, 12-5388, 12-5389 and 12-5390 are hereby repealed.
                        HOUSE BILL No. 2110—page 11
   Sec. 16. On and after January 1, 2026, K.S.A. 12-5368, as
amended by section 18 of chapter 53 of the 2024 Session Laws of
Kansas, 12-5372, as amended by section 22 of chapter 53 of the 2024
Session Laws of Kansas, 12-5374, as amended by section 25 of chapter
53 of the 2024 Session Laws of Kansas, and 12-5375, as amended by
section 28 of chapter 53 of the 2024 Session Laws of Kansas, are
hereby repealed.
   Sec. 17. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the House, and passed
that body
HOUSE concurred in
SENATE amendments __________________________________________________________________
                                                               Speaker of the House.
                                                            Chief Clerk of the House.
Passed the SENATE
         as amended
                                                                 President of the Senate.
                                                                 Secretary of the Senate.
APPROVED ______________________________________________
                                                                              Governor.