Session of 1999
         
Substitute for SENATE BILL No. 54
         
By Committee on Commerce
          
2-24
          
  9             AN  ACT concerning access to television services; providing restrictions
10             on certain premises owners relating thereto.
11      
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) No premises owner shall deny access to, or demand
14       payment of any fee, charge or other form of compensation to the premises
15       owner from any provider of television service in exchange for giving the
16       residents access to such service when such service is requested by either
17       the tenant or premises owner, and provided under the terms of a munic-
18       ipal or county franchise agreement. No premises owner shall demand or
19       accept any such payment from any resident in exchange therefor unless
20       the premises owner is itself the provider of the television service. Nothing
21       contained in this section shall prohibit a premises owner from requiring
22       that the provider of such service or the resident bear the entire cost of
23       the installation, operation or removal of the facilities incident thereto, or
24       prohibit a premises owner from demanding or accepting indemnity or
25       security for any damages caused by such installation, operation or
26       removal.
27             (b) As used in this section, "premises owner" means any landlord,
28       association of apartment owners, association of townhouse owners or the
29       managing agent therefor.
30             (c) As used in this section, "provider of television service" means a
31       person, entity or division thereof who owns the equipment for the pur-
32       poses of providing reception and/or distribution of television program-
33       ming services, or whose primary business is the reception and distribution
34       of television programming services by way of cable television, satellite
35       master antenna television, direct broadcast satellite television, subscrip-
36       tion television or any other form of television programming system to
37       subscribers thereto for a fee or subscription price.
38             (d) A contract for the provision of television services that contains
39       provisions for a bulk or discounted rate to the residents of the premises
40       controlled by the premises owner shall not be deemed to be a fee, charge
41       or other form of compensation within the meaning of subsection (a).
42             (e) Nothing contained in this act shall void existing contract or the
43       renewal thereof. 

Sub. SB 54

2

  1        Sec.  2. This act shall take effect and be in force from and after its
  2       publication in the statute book.