History: L. 1968, ch. 216, § 1; L. 1978, ch. 336, § 4; L. 1978, ch. 212, § 1; L. 1981, ch. 343, § 1; L. 1992, ch. 208, § 1; L. 1994, ch. 195, § 2; July 1.
History: L. 1986, ch. 208, § 1; L. 1992, ch. 208, § 5; Repealed, L. 1994, ch. 195, § 14; July 1.
(a) "Governmental entity" means a "public entity" as defined in Title II, but shall not include the national railroad passenger corporation, and any commuter authority, as defined in section 103(8) of the rail passenger service act (45 U.S.C. § 541).
(b) "Person" means an individual, partnership, corporation or other association of individuals.
(c) "Title II" means 28 CFR Part 35, nondiscrimination in state and local government services as required by sections 201 to 205, inclusive, of the Americans with disabilities act of 1990, 42 USCA 12,115 et seq.
(d) "Title III" means 28 CFR Part 36, nondiscrimination on the basis of disability by public accommodations and commercial facilities as required by section 301 et seq. of the Americans with disabilities act of 1990, 42 USCA 12,181 et seq.
(e) "Facility" means all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots or other real or personal property, including the site where the building, property, structure or equipment is located. This definition of facility shall not apply to K.S.A. 79-32,175, 79-32,176 and 79-32,177, and amendments to such sections.
History: L. 1994, ch. 195, § 3; July 1.
History: L. 1968, ch. 216, § 2; Repealed, L. 1978, ch. 213, § 9; Jan. 1, 1979.
History: L. 1968, ch. 216, § 3; L. 1992, ch. 208, § 6; L. 1994, ch. 195, § 4; July 1.
(1) For all existing Title II school facilities, and the design and construction of all new, additions to and alterations of Title II school facilities, the state board of education, by plan approval as required by K.S.A. 31-150, and amendments thereto. Facilities operated or used for any purpose by, or located upon the land of any community college, area vocational school, area vocational-technical school, technical college, or institution under the governance of the state board of regents shall not be subject to the provisions of this subsection;
(2) for all existing state government facilities, and the design and construction of all new, additions to and alterations of, facilities for which federal, state, county funds or funds of other political subdivisions of the state or private funds are utilized on state property, the secretary of administration;
(3) for all existing facilities, and the design and construction of all new, additions to and alterations of, any local government facilities where funds of a county, municipality or other political subdivision are utilized, the governmental entity thereof or an agency thereof designated by the governmental entity;
(4) for the design and construction of all other new, additions to and alterations of, facilities which are subject to the provisions of this act, the building inspector or other agency or person designated by the governmental entity in which the facility is located.
(b) The attorney general of the state of Kansas shall oversee the enforcement of this act.
History: L. 1968, ch. 216, § 4; L. 1978, ch. 336, § 5; L. 1978, ch. 212, § 2; L. 1986, ch. 208, § 2; L. 1991, ch. 147, § 18; L. 1992, ch. 208, § 2; L. 1994, ch. 195, § 5; L. 2001, ch. 23, § 2; July 1.
History: L. 1968, ch. 216, § 5; L. 1978, ch. 213, § 8; L. 1986, ch. 208, § 3; L. 1992, ch. 208, § 7; Repealed, L. 1994, ch. 195, § 14; July 1.
History: L. 1978, ch. 213, § 3; L. 1986, ch. 208, § 4; L. 1992, ch. 208, § 8; L. 1994, ch. 195, § 6; July 1.
(b) Any person undertaking an addition to or alteration of a qualified historic facility, as defined in section 504(c) of the Americans with disabilities act of 1990 as required by Title III, shall follow 28 CFR Part 36.405.
(c) Any consultation for alternative methods of access with the state historic preservation officer required by 28 CFR Part 35.150(b)(2) or 35.150(d) or 28 CFR Part 36.405 shall include descriptions of alternative methods of providing access, one copy of the facility plans, with dimensions, for the applicable areas of the addition or alteration, and photographs of the existing conditions.
(d) In addition to subsection (c), the state historic preservation officer shall solicit additional information from the requestor and perform an on-site inspection of the qualified historic facility.
(e) The state historic preservation officer shall initiate consultation and evaluation of properly submitted requests within 30 days from the date the request was received.
(f) Any action by a state officer or agency pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions. Any action pursuant to this section by any other person or entity is subject to review by the district court of the county where the facility is located.
History: L. 1978, ch. 213, § 5; L. 1986, ch. 208, § 5; L. 1986, ch. 318, § 79; L. 1992, ch. 208, § 9; L. 1994, ch. 195, § 7; July 1.
History: L. 1978, ch. 213, § 7; L. 1986, ch. 208, § 6; L. 1991, ch. 147, § 19; L. 1994, ch. 195, § 8; July 1.
(b) Any willful violation of the terms of any injunction or court order issued pursuant to this act shall render the violator liable for the payment of a civil penalty in such amount as the court shall determine to be necessary and proper.
(c) In administering and pursuing actions under this act, the attorney general and the city, county attorney or district attorney are authorized to sue for and collect reasonable expenses and investigation fees as determined by the court. Civil penalties sued for and recovered by the attorney general shall be paid into the general fund of the state. Civil penalties sued for and recovered by the city, county attorney or district attorney shall be paid into the general fund of the city or county where the proceedings were instigated.
(d) Any person, agency or governmental entity responsible for the enforcement of this act may refer evidence concerning violation of the standards established pursuant to this act to the attorney general or the proper city, county or district attorney, who may institute, with or without such a reference, proceedings under this section.
History: L. 1978, ch. 213, § 6; L. 1992, ch. 208, § 10; L. 1994, ch. 195, § 9; July 1.
History: L. 1978, ch. 213, § 1; Repealed, L. 1986, ch. 208, § 7; July 1.
(b) The state board of education may adopt any rules and regulations to implement the provisions of paragraph (1) of subsection (a) of K.S.A. 58-1304, and amendments thereto.
(c) The secretary of administration may adopt any rules and regulations necessary to implement the provisions of K.S.A. 58-1301 et seq. and amendments thereto.
History: L. 1991, ch. 147, § 20; L. 1994, ch. 195, § 10; July 1.
History: L. 1978, ch. 214, § 1; L. 1991, ch. 35, § 13; L. 1992, ch. 208, § 11; Repealed, L. 1994, ch. 195, § 14; July 1.
History: L. 1979, ch. 235, § 1; Repealed, L. 1999, ch. 2, § 1; July 1.
History: L. 1979, ch. 235, §§ 2 to 4; L. 1983, ch. 258, §§ 8 to 10; Repealed, L. 1999, ch. 2, § 1; July 1.
History: L. 1986, ch. 205, §§ 1, 2; L. 1992, ch. 208, §§ 12, 13; Repealed, L. 1994, ch. 195, § 14; July 1.
History: L. 1986, ch. 205, § 3; Repealed, L. 1994, ch. 195, § 14; July 1.
History: L. 1986, ch. 205, §§ 4 to 8; L. 1992, ch. 208, §§ 14 to 18; Repealed, L. 1994, ch. 195, § 14; July 1.
History: L. 1986, ch. 205, § 9; Repealed, L. 1994, ch. 195, § 14; July 1.