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Session of 2026
HOUSE BILL No. 2544
By Committee on Energy, Utilities and Telecommunications
Requested by Blaine Finch on behalf of Charter Communications Operating, LLC
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AN ACT concerning communications service providers; relating to
directives from municipalities to relocate facilities located within the
public right-of-way; establishing the relocation reimbursement
assistance fund to provide monetary assistance to certain
communications service providers that are required to relocate
facilities; requiring the state treasurer to administer such fund and
establish an application process for disbursement of moneys in such
fund.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) There is hereby established in the state treasury the
relocation reimbursement assistance fund. Such fund shall be administered
by the state treasurer. All expenditures from the relocation reimbursement
assistance fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to
vouchers approved by the state treasurer or the state treasurer's designee.
In each fiscal year, the state treasurer shall make direct payment from the
relocation reimbursement assistance fund to any communications service
provider that qualifies for such assistance pursuant to this section. Such
direct payments shall be made upon warrants of the director of accounts
and reports issued pursuant to vouchers approved by the state treasurer or
the state treasurer's designee.
(b) On July 1, 2027, and each year thereafter, from the amount of
premium taxes paid to the commissioner of insurance pursuant to schedule
A and D of K.S.A. 40-252, and amendments thereto, that is remitted to the
state treasurer and credited to the state general fund, the director of
accounts and reports shall transfer from the state general fund $2,000,000
of such amount to the relocation reimbursement assistance fund. All
transfers made in accordance with the provisions of this subsection shall
be considered to be demand transfers from the state general fund.
(c) (1) The state treasurer shall establish and administer a relocation
reimbursement assistance payment program for communication service
providers that were required to relocate facilities located in the public
right-of-way pursuant to a request, order or directive of a municipality.
Each fiscal year, the state treasurer shall accept applications from
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providers that are seeking payment from the relocation reimbursement
assistance fund pursuant to such program. Such application shall be
submitted on a form and in the manner established by the state treasurer
and shall include:
(A) The name and business address of such provider;
(B) evidence of the request, order or directive to relocate facilities
located in the public right-of-way issued to the provider by a municipality;
(C) proof of the costs incurred by the provider in the preceding fiscal
year to relocate any such facilities pursuant to such request, order or
directive; and
(D) any other information required by the state treasurer.
(2) The state treasurer shall review and verify each application
submitted pursuant to the relocation reimbursement assistance payment
program. A communications service provider that submits a valid
application shall be approved for payment from the relocation
reimbursement assistance fund in accordance with paragraph (3).
(3) Each fiscal year, the state treasurer shall identify the amount in the
relocation reimbursement assistance fund that will be made available for
reimbursement payments to communications service providers pursuant to
such program. From the amount so identified, the state treasurer shall
make payment from the relocation reimbursement assistance fund to each
provider that is approved for payment pursuant to this section. A
communications service provider shall be entitled to receive payment for
any approved costs that in the preceding fiscal year were incurred by such
provider to relocate facilities located in the public right-of-way pursuant to
a request, order or directive of a municipality. Payment shall be made to
each such provider in such amount, except that if the amount in the
relocation reimbursement assistance fund that is identified and made
available by the state treasurer is insufficient to pay in full the amount that
each such provider is otherwise entitled to receive, the state treasurer shall
prorate such total available amount among all such eligible providers in
proportion to the amount that each such provider would otherwise be
entitled to receive if full payment could be made.
(d) On or before the 10 th day of each month commencing on July 1,
2026, the director of accounts and reports shall transfer from the state
general fund to the relocation reimbursement assistance fund interest
earnings based on:
(1) The average daily balance of moneys in the relocation
reimbursement assistance fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for
the preceding month.
(e) As used in this section:
(1) "Communications service provider" means any:
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(A) Electing carrier pursuant to K.S.A. 66-2005(x), and amendments
thereto, telecommunications carrier as defined in K.S.A. 66-1,187(m), and
amendments thereto, or a local exchange carrier electing price cap
regulation pursuant to K.S.A. 66-2005(b), and amendments thereto, with a
valid franchise, franchise agreement, franchise ordinance, contract
franchise or contract franchise ordinance pursuant to the provisions of
K.S.A. 12-2001, and amendments thereto; or
(B) video service provider as defined in K.S.A. 12-2022, and
amendments thereto, that is the holder of a certificate of video service
authorization pursuant to K.S.A. 12-2023, and amendments thereto.
(2) "Municipality" means any city, county or township.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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