Session Law

Identifying Information:L. 2002 ch. 152
Other Identifying Information:2002 Substitute for Senate Bill 614
Tax Type:Other
Brief Description:An Act concerning the KAN-ED network; relating to funding thereof; amending K.S.A. 2001 Supp. 66-2010 and repealing the existing section.
Keywords:


Body:

CHAPTER 152

Substitute for SENATE BILL No. 614


An Act concerning the KAN-ED network; relating to funding thereof; amending K.S.A.

2001 Supp. 66-2010 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 2001 Supp. 66-2010 is hereby amended to read as

follows: 66-2010. (a) The commission shall utilize a competitive bidding

process to select a neutral, competent and bonded third party to admin-

ister the KUSF.

(b) The administrator shall be responsible for: (1) Collecting and au-

diting all relevant information from all qualifying telecommunications

public utilities, telecommunications carriers or wireless telecommunica-

tions service providers receiving funds from or providing funds to the

KUSF; (2) verifying, based on the calculations of each qualifying telecom-

munications carrier, telecommunications public utility or wireless tele-

communications service provider, the obligation of each such qualifying

carrier, utility or provider to generate the funds required by the KUSF;

(3) collecting all moneys due to the KUSF from all telecommunications

public utilities, telecommunications carriers and wireless telecommuni-

cations service providers in the state; and (4) distributing amounts on a

monthly basis due to qualifying telecommunications public utilities, wire-

less telecommunications service providers and telecommunications car-

riers receiving KUSF funding.

(c) Any information made available or received by the administrator

from carriers, utilities or providers receiving funds from or providing

funds to the KUSF shall not be subject to any provisions of the Kansas

open records act and shall be considered confidential and proprietary.

(d) The administrator shall be authorized to maintain an action to

collect any funds owed by any telecommunications carrier, public utility

or wireless telecommunications provider in the district court in the county

of the registered office of such carrier, utility or provider or, if such car-

rier, utility or provider does not have a registered office in the state, such

an action may be maintained in the county where such carrier's, utility's

or provider's principal office is located. If such carrier, utility or provider

has no principal office in the state, such an action may be maintained in

the district court of any county in which such carrier, utility or provider

provides service.

(e) The KUSF administrator shall be responsible to ensure that funds

do not fall below the level necessary to pay all amounts collectively owed

to all qualifying telecommunications public utilities, wireless telecom-

munications service providers and telecommunications carriers. The ad-

ministrator shall have the authority to retain and invest in a prudent and

reasonable manner any excess funds collected in any period to help ensure

that adequate funds are available to cover amounts payable in other per-

iods.

(f) (1) Before October 1, 2002, the chief executive officer of the state

board of regents shall certify to the administrator of the KUSF the amount

provided by appropriation acts to be expended from the KAN-ED fund

created by K.S.A. 2001 Supp. 75-7225, and amendments thereto, for the

fiscal year ending June 30, 2003. Before October 1, 2003, the chief exec-

utive officer of the state board of regents shall certify to the administrator

of the KUSF the amount equal to twice the amount provided by appro-

priation acts to be expended from the KAN-ED fund for the fiscal year

ending June 30, 2003. Before July 1, 2004, and before July 1 of each year

thereafter, the chief executive officer of the state board of regents shall

certify to the administrator of the KUSF the amount provided by appro-

priation acts to be expended from the KAN-ED fund for the fiscal year

commencing the preceding July 1. Upon receipt of the certification of the

chief executive officer of the state board of regents, the KUSF administra-

tor shall add the amount certified to the amount annually required to

fund the KUSF as determined pursuant to subsection (b).

(2) Commencing January 1, 2003, and until June 30, 2004, on or

before the 10th day of each month the administrator of the KUSF shall

pay from the KUSF to the state treasurer an amount equal to 1/6 of the

amount certified by the chief executive officer of the state board of regents

pursuant to subsection (f)(1) for the fiscal year ending June 30, 2003.

Commencing July 1, 2004, on or before the 10th day of each month, the

administrator of the KUSF shall pay from the KUSF to the state treasurer

1/12 of the amount certified by the chief executive officer of the state board

of regents pursuant to subsection (a) for the fiscal year preceding the fiscal

year in which the payment is made. Upon the receipt of the payment, the

state treasurer shall deposit the entire amount in the state treasury and

credit it to the KAN-ED fund. Any such payments shall be made after all

payments required by K.S.A. 2001 Supp. 66-2008, and amendments

thereto, for the month are made from the KUSF.

(3) Amounts appropriated to be expended from the KAN-ED fund for

the fiscal year ending June 30, 2003, shall be based on a budget for only

six-months' operations. Amounts appropriated thereafter shall be based

on a budget for 12-months' operations.

(4) Not more than $10,000,000 shall be paid from the KUSF to the

state treasurer pursuant to this subsection (f) in any one fiscal year.

(5) The provisions of this subsection (f) shall expire on June 30, 2005.

Thereafter, state general fund moneys shall be used to fund the KAN-ED

network.

Sec. 2. K.S.A. 2001 Supp. 66-2010 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved May 17, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002