Session of 1998
By Committee on Federal and State Affairs
            9             AN ACT concerning delinquent payments for sale of cable television
10             services.
12       Be it enacted by the Legislature of the State of Kansas:
13           Section 1. (a) Notwithstanding any other law to the contrary, no fee
14       shall be imposed upon consumers for any delinquent payment for sale of
15       cable television services unless all of the following conditions apply:
16           (1) For all contracts entered into on or after the effective date of this
17       act, at or before the time the consumer enters into the initial agreement
18       for services, the consumer is provided with written notice that it is the
19       policy of seller to impose a fee on delinquent accounts;
20           (2) at least 10 days prior to the date a fee is imposed, the consumer
21       is warned in writing on the face of the notice, of the late fee that will be
22       imposed if the delinquency is not paid and the date on or after which a
23       late fee will be charged;
24           (3) the consumer's invoice specifies a due date that is not earlier than
25       the 10th day of the service period for which the invoice is issued;
26           (4) the fee is assessed no earlier than 27 days after the due date
27       specified on the invoice; and
28           (5) the fee is assessed on a delinquent balance of more than $10.
29           (b) A delinquency fee charged in a cable television transaction which
30       is not in excess of $7.50 and which is imposed in accordance with the
31       procedures set forth in this section shall be valid. The delinquency fee
32       may not exceed such amount, unless the federal communications com-
33       mission expressly requires late fees to be fully included when setting
34       benchmark rates applicable to a cable television operator. If this require-
35       ment is imposed by the federal communications commission, then the
36       maximum delinquency fee charged by the cable television provider shall
37       be 1.5% of the delinquent amount in the relevant franchise areas for so
38       long as late fees are fully included in benchmark rates.
39           (c) A fee which is not in excess of $20 and is in addition to the delin-
40       quency fee shall also be valid in a cable television consumer service trans-
41       action if the service provider sends an employee or contractor to the
42       customer's residence in order to collect payment or disconnect service.
43       Such fee must be imposed in accordance with the provisions set forth in

SB 691


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