Senate Substitute for HOUSE BILL No. 2035*
An Act enacting the KAN-ED act; providing for establishment
and maintenance of a
broadband technology-based network for certain schools,
libraries and hospitals.
Be it enacted by the Legislature of the State of Kansas:
Section 1. This act may be cited as
the KAN-ED act.
Sec. 2. As used in this act, unless
the context requires otherwise:
(a) ``Board'' means the state board of
(b) ``Hospital'' means a licensed
hospital, as defined in K.S.A. 65-425,
and amendments thereto.
(c) ``Library'' means: (1) The state
library; (2) any public library es-
tablished and operating under the laws of this state; or (3) any
system of cooperating libraries, as defined in K.S.A. 75-2548, and
(d) ``Network'' means the KAN-ED network
created pursuant to this
(e) ``School'' means: (1) Any unified
school district, school district
interlocal cooperative, school district cooperative or nonpublic
credited by the state board of education; or (2) any community
technical college, area vocational school, area
or Kansas educational institution, as defined in K.S.A. 2000 Supp.
32,120, and amendments thereto.
Sec. 3. (a) The purpose of
this act is to provide for a broadband
technology-based network to which schools, libraries and hospitals
connect for broadband internet access and intranet access for
learning. For that purpose, the state board of regents shall
accordance with this act for the creation, operation and
such network, to be known as the KAN-ED network.
(b) The network shall not provide for:
(1) Impairment of any existing
contract for the provision of telecommunications services or
ices to any school, library or hospital; (2) state ownership or
of any network facilities other than those owned or being
the state on the effective date of this act; (3) switched voice
to the extent switched access is being provided by state owned,
operated facilities as of the effective date of this act; (4)
voice over internet or voice over internet protocol, except to the
necessary to facilitate interactive two-way video; or (5) use of
for purposes inconsistent with the purposes of this act.
Sec. 4. (a) The board shall
establish a plan to ensure that all schools,
libraries and hospitals have quality, affordable access to the
distance learning. The board shall adopt standards for
whether such access is available to each school, library or
such access and shall adopt priorities for implementation of such
The board may request and receive assistance from any school, any
brary, any hospital, the state corporation commission, any other
of the state or any telecommunications, cable or other
services provider to gather necessary data to implement such plan
establish such standards and priorities. The board shall develop a
odology for updating and validating any data collected for periodic
sions of the plan, standards and priorities. Not less than 75% of
which have applied to the board to participate in the network, 75%
libraries which have applied to the board to participate in the
and 75% of all hospitals which have applied to the board to
the network shall have access to the network by July 1, 2004.
(b) The board shall contract with
providers of telecommunications serv-
ices, cable services and other communications services for the
operation and maintenance of the network. Such contracts shall be
competitive bids as provided by K.S.A. 75-3739, and amendments
(c) The board shall establish: (1)
Technical standards for operation
and maintenance of the network; (2) the method of monitoring
of the network; and (3) the method or methods of increasing the
of the network to accommodate changes in the demands of schools,
braries and hospitals.
(d) The board shall identify any
potential regulatory impediments to
and other regulatory considerations in implementation of the
shall propose measures to address such impediments and other
(e) The board shall assess the need of
schools, libraries and hospitals
for full-motion video connectivity. Based on its findings, the
develop a plan to provide such connectivity. The plan may require
of such connectivity bear part of its cost.
(f) The board may appoint such advisory
committees as the board
determines necessary to carry out the purposes of this act. The
ship of advisory committees may include both members of the board
persons who are not board members. Such advisory committees, to
extent appropriate, shall include both communications services
and participants knowledgeable about topics such as network
services, network content and user training, and such other topics
be necessary or useful. Members of advisory committees appointed
the board shall receive amounts provided for in subsection (e) of
75-3223, and amendments thereto.
(g) On or before July 1, 2002, and
thereafter as the board deems
appropriate, the board shall adopt rules and regulations to
administer the provisions of this act.
(h) The board shall have all other powers
necessary to achieve the
purposes of this act, including but not limited to the power to
appropriations, donations, grants, bequests and devises,
otherwise, of money, property, services or other things of value
purposes of this act.
(i) The state department of education,
the division of information
systems and communications of the department of administration,
state corporation commission and all other state agencies shall
with the board in providing information and other assistance
by the board for the performance of its duties pursuant to this
Sec. 5. (a) There is hereby created
in the state treasury the KAN-
ED fund. The board shall remit to the state treasurer all moneys
by or on behalf of the board for the purposes of this act. Upon
the remittance, the state treasurer shall deposit the entire amount
state treasury and credit it to the KAN-ED fund.
(b) Moneys in the KAN-ED fund shall be
expended only for the
purposes of this act.
(c) On or before the 10th of each month,
the director of accounts
and reports shall transfer from the state general fund to the
fund interest earnings based on:
(1) The average daily balance of moneys
in the fund for the preceding
(2) the net earnings rate for the pooled
money investment portfolio
for the preceding month.
(d) All expenditures from the KAN-ED fund
shall be made in ac-
cordance with appropriation acts upon warrants of the director of
counts and reports issued pursuant to vouchers approved by the
person of the board or the chairperson's designee for the purposes
forth in this section.
Sec. 6. On or before January 15 of
each year, the board shall publish
an annual report and shall present the report to the legislature,
and department of education. The report shall set forth in detail
operations and transactions conducted by the board pursuant to this
The annual report shall specifically account for the ways in which
purpose of this act have been carried out, and the recommendations
specifically note what changes are necessary to better address the
poses described in this act.
Sec. 7. If any provision of this
act or the application thereof to any
person or circumstances is held invalid, the invalidity shall not
provisions or applications of the act which can be given effect
the invalid provision or application. To this end the provisions of
Sec. 8. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved April 20, 2001.
Published in the Kansas Register April 26, 2001.