12-5374. 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. 2021 Supp. 12-5368(b), and amendments thereto, and any amounts withheld pursuant to K.S.A. 2021 Supp. 12-5364(l), and amendments thereto, not later than 30 days after the receipt of moneys from providers pursuant to K.S.A. 2021 Supp. 12-5370 and 12-5371, and amendments thereto, and the department pursuant to K.S.A. 2021 Supp. 12-5372, and amendments thereto, the LCPA shall distribute such moneys to the PSAPs. The amount of money distributed to the PSAPs in each county 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

where PSAP is located  911 fees to distribute

Over 80,000   82%

65,000 to 79,999   85%

55,000 to 64,999   88%

45,000 to 54,999   91%

35,000 to 44,999   94%

25,000 to 34,999   97%

Less than 25,000   100%

(2) There shall be a minimum county distribution of $60,000 and no county shall receive less than $60,000 of direct distribution moneys. If there is more than one PSAP in a county then the direct distribution allocated to that county by population shall be deducted from the minimum county distribution and the difference shall be proportionately divided between the PSAPs in the county. All moneys remaining after distribution, moneys withheld pursuant to K.S.A. 2021 Supp. 12-5368(b)(1), and amendments thereto, and any moneys that cannot be attributed to a specific PSAP 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 counties 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 PSAP providing service to such county. Such moneys distributed to counties and PSAPs only shall be used for the uses authorized in K.S.A. 2021 Supp. 12-5375, and amendments thereto.

(d) The LCPA shall keep accurate accounts of all receipts and disbursements of moneys from the 911 fees.

(e) Information provided by providers to the local collection point administrator or to the 911 coordinating council pursuant to this act will be treated as proprietary records that will be withheld from the public upon request of the party submitting such records.

History: L. 2011, ch. 84, § 13; L. 2012, ch. 21, § 3; L. 2016, ch. 82, § 3; L. 2019, ch. 39, § 12; L. 2021, ch. 82, § 4; July 1.