Kan. Stat. Ann. § 12-5374 – Distribution of 911 fee moneys to PSAPs and governing bodies, minimum distribution; authority to transfer unencumbered moneys; proprietary records. [See Revisor's Note]

(a) (1) Except for the amounts credited to the state 911 operations fund and state 911 grant fund pursuant to K.S.A. 12-5372, and amendments thereto, and K.S.A. 2025 Supp. 12-5368a, and amendments thereto, and any amounts withheld from distribution pursuant to K.S.A. 2025 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.
1. (A) Whether an increase is needed based on the expenditures of the counties that are subject to such minimum distribution; and
2. (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.
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:
(3) After each distribution that is made pursuant to this section, the state 911 board 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 shall keep accurate accounts of all receipts and disbursements of moneys from the 911 fees.
(c) Records provided by any provider 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.
CAUTION: This version of 12-5374 is effective on and after January 1, 2026. Following is the text and history of 12-5374 effective until January 1, 2026:
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:
1. (A) Whether an increase is needed based on the expenditures of the counties that are subject to such minimum distribution; and
2. (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.

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; L. 2024, ch. 53, § 23; L. 2024, ch. 53, § 24; L. 2024, ch. 53, § 25; L. 2025, ch. 34, § 8; January 1, 2026.