Section 12-5374 - [Effective 7/1/2025] [Effective Until 1/1/2026] LCPA; distribution of 911 fee moneys to PSAPs, minimum distribution; deposit of fees; proprietary records(a)(1) Except for the amounts withheld by the LCPA pursuant to K.S.A. 12-5368(b), and amendments thereto, and any amounts withheld pursuant to section 4, 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 LCPA 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.(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 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) All moneys remaining after distribution, moneys withheld pursuant to K.S.A. 12-5368(b)(1), and amendments thereto, and any moneys that cannot be attributed to a specific PSAP or governing body shall be transferred to the 911 operations fund.(b) All fees remitted to the LCPA shall be deposited in the 911 state fund and for the purposes of this act be treated as if they are public funds, pursuant to article 14 of chapter 9 of the Kansas Statutes Annotated, and amendments thereto.(c) All moneys in the 911 state fund that have been collected from the prepaid wireless 911 fee shall be deposited in the 911 operations fund unless $3 million of such moneys have been deposited in any given year then all remaining moneys shall be distributed to the governing bodies of PSAPs in an amount proportional to each county's population as a percentage share of the population of the state. If there is more than one PSAP in 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 to governing bodies and PSAPs pursuant to this section only shall be used for the uses authorized in K.S.A. 12-5375, and amendments thereto.(d) The LCPA shall keep accurate accounts of all receipts and disbursements of moneys from the 911 fees.(e) 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.Amended by L. 2024, ch. 53,§ 24, eff. 7/1/2025.Amended by L. 2024, ch. 53,§ 23, eff. 7/1/2024.Amended by L. 2021, ch. 82,§ 4, eff. 7/1/2021.Amended by L. 2019, ch. 39,§ 12, eff. 7/1/2019.Amended by L. 2016, ch. 82,§ 3, eff. 7/1/2016.Amended by L. 2012, ch. 21,§ 3, eff. 7/1/2012.Added by L. 2011, ch. 84,§ 13, eff. 5/26/2011.This section is set out more than once due to postponed, multiple, or conflicting amendments.