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![handle is hein.sag/sagks0002 and id is 1 raw text is: January 6, 2003
ATTORNEY GENERAL OPINION NO. 2003-1
The Honorable Karin Brownlee
State Senator, 23rd District
1232 S. Lindenwood Drive
Olathe, Kansas 66062
Re:
State Departments; Public Officers and Employees--Information
Technology--KAN-ED; Purpose of Act; Purposes for Which Network
Not a Provider; Faxing
Synopsis:
Until such time as the Kansas Board of Regents adopts regulations
stating otherwise, communications, materials and information related
to distance learning may be faxed through the KAN-ED network. Cited
herein: K.S.A. 2001 Supp. 75-7221; 75-7223; 75-7224; 47 U.S.C.A. §
227.
Dear Senator Brownlee:
You request our opinion regarding whether the limitations set forth in subsection (b) of
K.S.A. 2001 Supp. 75-7223 prohibit using the KAN-ED network to fax communications,
materials and information related to distance learning.
The Legislature has, through the KAN-ED Act,-(! authorized the Kansas Board of
Regents to contract with providers of telecommunications services, cable services and
other communications services for the creation, operation and maintenance of the
[KAN-ED] network.**21 The KAN-ED network is a broadband technology-based
network to which schools, libraries and hospitals may connect for broadband internet
access and intranet access for distance learning.fa)
The network shall not provide for: . . . (3) switched voice access, except to
the extent switched access is being provided by state owned, leased or
operated facilities as of the effective date of this act; (4) transmission of
voice over internet or voice over internet protocol, except to the extent
necessary to facilitate interactive two-way video; or (5) use of the network
for purposes inconsistent with the purposes of this act.(4
In determining whether the prohibitions set forth in the above quoted provision preclude
faxing over the KAN-ED network any communications, materials and information
related to distance learning, we rely on the rules of statutory construction.
It is a fundamental rule of statutory construction, to which all other rules are
subordinate, that the intent of the legislature governs if that intent can be
ascertained. (Citation omitted.) The legislature is presumed to have
expressed its intent through the language of the statutory scheme it
enacted. When a statute is plain and unambiguous, the court must give
effect to the intention of the legislature as expressed, rather than determine
what the law should or should not be. (Citation omitted.) Stated another
way, when a statute is plain and unambiguous, the appellate courts will not](ViewImageLocal?handle=hein.sag/sagks0002&div=1&collection=&method=preview&ext=.png&size=3)