Volume 40 - Issue 39 - September 30, 2021
State of Kansas
911 Coordinating Council
Permanent Administrative Regulations
Article 1.—FEES
132-1-1. (Authorized by K.S.A. 2014 Supp. 12-5364; implementing K.S.A. 2014 Supp. 12-5364 and 12-5369; effective Oct. 2, 2015; revoked Oct. 15, 2021.)
132-1-2. Public safety answering point (PSAP). An entity shall be considered to be a public safety answering point (PSAP), as defined in K.S.A. 2020 Supp. 12-5363 and amendments thereto, when the governing body of the city or county in which the entity is located takes official action by resolution or ordinance establishing and designating the entity as the city’s or county’s PSAP. (Authorized by K.S.A. 2020 Supp. 12-5364; implementing K.S.A. 2020 Supp. 12-5363; effective Oct. 15, 2021.)
Article 2.—LOCAL COLLECTION POINT ADMINISTRATOR REQUIREMENTS
132-2-1. LCPA; prerequisites; selection; contract. (a) Each qualified entity selected to provide the services of the local collection point administrator (LCPA) pursuant to the Kansas 911 act (“act”), K.S.A. 2020 Supp. 12-5362 et seq. and amendments thereto, shall at a minimum meet the following requirements:
(1) Have the ability to comply with all contract requirements established by the secretary of administration;
(2) have at least three years of experience in public sector financial administration and accounting;
(3) secure and manage accounts and services at a federally insured financial institution with a physical presence in Kansas and ensure the required collateralization of 911 funds in bank accounts;
(4) establish and maintain a physical office in Kansas; and
(5) have the ability to provide appropriate staffing to the 911 coordinating council (“council”) to achieve the purposes of the act.
(b) Each LCPA shall be selected by the council with the approval of the legislative coordinating council through a competitive procurement process administered by the Kansas department of administration. The competitive process shall begin at least six months before the expiration of the contract with the current LCPA.
(c)(1) The initial contract with the selected entity shall be for a two-year period. A yearly performance review of the LCPA shall be conducted by the council. The initial contract with each LCPA shall have a single, two-year extension option, which may be used to extend the contract period by affirmative vote of nine of the voting members of the council.
(2) The council shall annually review the performance of the LCPA. If the council determines that the LCPA contract, pursuant to a competitive procurement process administered by the Kansas department of administration, will be awarded to an entity other than the current LCPA, the decision shall be approved by the legislative coordinating council, pursuant to K.S.A. 2020 Supp. 12-5367 and amendments thereto. (Authorized by K.S.A. 2020 Supp. 12-5364; implementing K.S.A. 2020 Supp. 12-5364 and K.S.A. 2020 Supp. 12-5367; effective March 2, 2012; amended Oct. 15, 2021.)
Article 3.—GRANT FUNDS
132-3-1. 911 federal grants; distribution. When federal grant funds are received by the council and the council establishes a subgrant award program, the grant funds shall be distributed by the chair of the 911 coordinating council (“council”) to any entity only if both of the following conditions are met:
(a) The PSAP obtains the terms and conditions for the grant from the council.
(b) The PSAP application for the grant accepts all terms and conditions and proposes use of the funds by the subgrant entity that is consistent with all grant guidance terms and conditions. (Authorized by K.S.A. 2020 Supp. 12-5364; implementing K.S.A. 2020 Supp. 12-5364 and K.S.A. 2020 Supp. 12-5365; effective Jan. 11, 2013; amended Oct. 15, 2021.)
Article 4.—PENALTIES
132-4-1. Violation of the act; penalties. (a) Each provider, as defined by K.S.A. 2020 Supp. 12-5363 and amendments thereto, shall meet the following requirements to comply with K.S.A. 2020 Supp. 12-5364 and K.S.A. 2020 Supp. 12-5370, and amendments thereto:
(1) Complete and submit, or update within 30 days of a change, the provider’s contact information, pursuant to K.S.A. 2020 Supp. 12-5364 and amendments thereto, on the “telecommunications provider contact information” form provided on the council’s web site;
(2) submit collected 911 fees, pursuant to K.S.A. 2020 Supp. 12-5370 and amendments thereto, to the LCPA; and
(3) complete and submit, on or before the 15th day of each calendar month following the remittance of collected 911 fees, the return identifying the amount of 911 fees contained in the remittance attributable to each PSAP’s jurisdictional boundary through the council’s web portal.
(b)(1) If the 911 coordinating council determines that a provider is in violation of the act, a penalty may be assessed against the provider by written order of the 911 coordinating council.
The penalty for violation of the act shall be no more than $500.00 per day or 10 percent of the 911 fees due from the delinquent provider to the LCPA for the corresponding month, whichever is greater.
(2) A written order, specifying any penalty assessment, the violation, and the provider’s right to appeal to the 911 coordinating council shall be issued to the provider. Each penalty payment shall be remitted directly to the 911 coordinating council.
(c) Upon receipt of an order of the council, any provider may, within 15 days, request a hearing, pursuant to K.S.A. 2020 Supp. 12-5364 and amendments thereto. (Authorized by K.S.A. 2020 Supp. 12-5364; implementing K.S.A. 2020 Supp. 12-5364 and K.S.A. 2020 Supp. 12-5370; effective March 2, 2012; amended Oct. 15, 2021.)
132-4-2. Annual report. Each public safety answering point (PSAP) shall complete and submit annually, by March 1, the annual report module on the council’s web portal, pursuant to K.S.A. 2020 Supp. 12-5364 and amendments thereto. (Authorized by K.S.A. 2020 Supp. 12-5364; implementing K.S.A. 2020 Supp. 12-5364 and K.S.A. 2020 Supp. 12-5375; effective Oct. 15, 2021.)
132-4-3. Expenditure preapproval process. (a) Each public safety answering point (PSAP) seeking preapproval of an expenditure of 911 fee funds shall follow the process specified in this regulation.
(b) Each request for preapproval of 911 fee fund expenditures shall be submitted through the preapproval application in the annual report module of the council’s web portal.
(c) If the proposed expenditure is disapproved and the PSAP does not concur with the decision of the expenditure review committee, the PSAP may, within 15 days of service of the written decision disapproving the expenditure, request a hearing before the council’s presiding officer, who shall be the chairman of the council. (Authorized by K.S.A. 2020 Supp. 12-5364 and K.S.A. 2020 Supp. 12-5375; implementing K.S.A. 2020 Supp. 12-5375; effective Oct. 15, 2021.)
Article 5.—TRAINING STANDARDS
132-5-1. Training standards; technology and operations of the next generation 911 (NG911) hosted solution. Pursuant to K.S.A. 2020 Supp. 12-5364 and amendments thereto, all public safety answering point (PSAP) personnel who operate any equipment or technology provided by the NG911 hosted solution (“solution”), which is the statewide system for handling emergency calls, shall complete approved training that includes the following:
(a) Obtaining proficiency on all appropriate tools, equipment, and technology provided by the solution that they may be expected to operate within the public safety communications center;
(b) creating, accessing, and updating incident data;
(c) utilizing existing communications tools or available technologies, or both, to meet operational needs in both normal modes and backup modes;
(d) operating solution computer systems;
(e) operating solution records management systems;
(f) operating solution telephone systems, including integrated administrative systems, TTY/TDD, and other equal-access technologies;
(g) maintaining solution equipment functionality within established parameters; and
(h) using evolving and emerging technologies as these technologies are added to the solution. (Authorized by and implementing K.S.A. 2020 Supp. 12-5364; effective Oct. 15, 2021.)
Article 6.—GEOGRAPHIC INFORMATION SYSTEM (GIS) DATA REQUIREMENTS
132-6-1. Geographic information system (GIS) standard. (a) Each public safety answering point (PSAP), as defined in K.S.A. 2020 Supp. 12-5363 and amendments thereto, shall maintain NG911 geographic information system (GIS) data to the current standard.
(b) Each PSAP shall identify one individual or vendor as a local data maintainer, who shall perform updates to the GIS data. Each PSAP shall identify the local data maintainer to the council through the council’s web portal.
Each PSAP shall also identify a second individual as local data steward, who shall be responsible for ensuring that GIS data updates are submitted through the council’s web portal. Each PSAP shall identify the local data steward to the council through the council’s web portal.
(c) The local data steward and the local data maintainer shall attend a training class provided by the council’s GIS committee and shall create a user account on the council’s web portal.
(d) Data updates shall include all new or changed roads, addresses, and emergency service boundaries for which the required information is available as well as any needed corrections to existing data. Each PSAP shall develop contacts with local government authorities in order to ensure that GIS data relating to geographical changes, name changes, construction additions, subtractions, and modifications and any other information required to ensure the accuracy of GIS data are made known for inclusion in GIS data as soon as possible.
(e) Each data maintainer shall submit data updates to the web portal in the NG911 template geodatabase format.
Each submission shall pass all validation tests to be considered successful.
(f) If there are no changes to the data in a calendar quarter, the local data steward shall submit or ensure that the local data maintainer submits a report of “no changes” through the council’s web portal for that calendar quarter.
(g) Each PSAP shall submit data often enough to keep the 911 routing databases accurate and current. At a minimum, a successful data submission or report of “no changes” shall be made at least once each calendar quarter. Normal calendar quarters, ending March 31, June 30, September 30, and December 31, shall be followed.
Reports of “no changes” shall be accepted for no more than three consecutive quarters. After three consecutive quarters of reports of “no changes,” successful data submission shall be required. (Authorized by and implementing K.S.A. 2020 Supp. 12-5364; effective Oct. 15, 2021.)
Scott Ekberg
Administrator
Doc. No. 049468
