(b) The provisions of the Kansas governmental operations accountability law apply to the department of transportation, and the department is subject to audit, review and evaluation under such law.
History: L. 1975, ch. 426, § 1; L. 1981, ch. 299, § 36; L. 1982, ch. 347, § 60; L. 1992, ch. 116, § 45; L. 2001, ch. 86, § 10; April 12.
(1) The first district shall comprise the counties of Doniphan, Atchison, Leavenworth, Wyandotte, Johnson, Douglas, Jefferson, Brown, Jackson, Shawnee, Osage, Nemaha, Lyon, Wabaunsee, Pottawatomie, Marshall and Riley.
(2) The second district shall comprise the counties of Washington, Clay, Geary, Morris, Chase, Dickinson, Marion, McPherson, Saline, Ottawa, Cloud, Republic, Jewell, Mitchell, Lincoln and Ellsworth.
(3) The third district shall comprise the counties of Smith, Osborne, Russell, Phillips, Rooks, Ellis, Norton, Graham, Trego, Decatur, Sheridan, Gove, Rawlins, Thomas, Logan, Cheyenne, Sherman and Wallace.
(4) The fourth district shall comprise the counties of Miami, Linn, Bourbon, Crawford, Cherokee, Franklin, Anderson, Allen, Neosho, Labette, Coffey, Woodson, Wilson, Montgomery, Greenwood, Elk and Chautauqua.
(5) The fifth district shall comprise the counties of Butler, Cowley, Harvey, Sedgwick, Sumner, Rice, Reno, Kingman, Harper, Barton, Stafford, Pratt, Barber, Rush, Pawnee, Edwards, Kiowa and Comanche.
(6) The sixth district shall comprise the counties of Ness, Hodgeman, Ford, Clark, Lane, Finney, Gray, Meade, Scott, Haskell, Seward, Wichita, Kearny, Grant, Stevens, Greeley, Hamilton, Stanton and Morton.
(b) Members of the commission shall be appointed by the governor. No member of the commission may hold any other public office or public employment, except military office or the office of notary public.
(c) Upon the expiration of any member's term of office, the governor shall appoint a successor to serve for a term of four years and until a successor is appointed and qualified. Whenever a vacancy on the commission occurs for any other reason, the governor shall appoint a successor to fill the unexpired term. All appointments shall be subject to the limitations on the commission's membership prescribed by this section.
History: L. 1975, ch. 426, § 2; L. 1982, ch. 347, § 61; July 1.
(b) Meetings of the commission shall be open to the public and no meeting or hearing of the commission shall be held unless at least seven (7) members of the commission are present. Notice of every meeting of the commission shall be given to the secretary of transportation, and the secretary shall provide to the commission all necessary clerical services. The commission shall keep records and minutes of its business and official actions, which shall be filed with the secretary of transportation and be open to public inspection.
(c) All vouchers for expenditures and all payrolls of the commission shall be approved by the chairman of the commission and by the secretary of transportation or a person or persons designated by the secretary. Members of the commission attending meetings of the commission, or attending a subcommittee meeting thereof authorized by such commission, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223.
(d) It shall be the duty of the commission to review the status of the highways of this state and to propose and recommend to the secretary of transportation plans for improvement of the entire system of roads and highways in this state. Notwithstanding any provision of this act or other law to the contrary, any determination by the secretary of transportation as to the location of any highway and any authorization by the secretary of transportation for the construction or reconstruction of any highway may be disapproved by a vote of two-thirds of the members of the commission, but nothing herein shall be construed as authorizing the commission to abrogate, limit or otherwise affect the power of the secretary to administer and supervise the internal operations and management of the department of transportation.
History: L. 1975, ch. 426, § 3; L. 1976, ch. 380, § 12; July 1.
(b) Except as otherwise specifically provided in this act or in subsection (d) of K.S.A. 75-5111, on and after August 15, 1975, whenever the state highway commission, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of transportation, and whenever any such reference or designation concerns the power and authority of the state highway commission to acquire or dispose of land or any interest in land, the secretary of transportation shall succeed to such power and authority.
(c) On and after August 15, 1975, whenever the director of highways, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of transportation.
(d) All rules or regulations and all orders or directives of the director of highways or state highway commission, respectively, in existence on August 15, 1975, shall continue to be effective and shall be deemed to be the rules or regulations and orders or directives of the secretary of transportation, until revised, amended, repealed or nullified pursuant to law.
History: L. 1975, ch. 426, § 4; July 1.
History: L. 1975, ch. 426, § 5; L. 1978, ch. 332, § 47; July 1.
History: L. 1975, ch. 426, § 6; July 1.
History: L. 1975, ch. 426, § 7; L. 1981, ch. 346, § 1; L. 1982, ch. 368, § 2; L. 1987, ch. 347, § 3; May 28.
History: L. 1975, ch. 426, § 8; L. 1981, ch. 346, § 2; L. 1982, ch. 368, § 3; L. 1987, ch. 347, § 4; May 28.
History: L. 1975, ch. 426, § 9; L. 1982, ch. 368, § 1; L. 1987, ch. 347, § 5; May 28.
History: L. 1975, ch. 426, § 10; L. 1982, ch. 368, § 4; July 1.
History: L. 1975, ch. 426, § 11; L. 1975, ch. 427, § 251; Aug. 15.
History: L. 1975, ch. 426, § 12; July 1.
History: L. 1975, ch. 426, § 13; July 1.
History: L. 1975, ch. 426, § 14; July 1.
History: L. 1982, ch. 368, § 5; July 1.
(b) Except as otherwise specifically provided in this act, and subject to the Kansas civil service act, the chief administrative officer of each division shall appoint all subordinate officers and employees of his or her division, subject to the approval of the secretary, and all such subordinate officers and employees shall be within the classified service under the Kansas civil service act. Personnel of each division shall perform such duties and exercise such powers as the chief administrative officer of the division may prescribe and such duties and powers as are designated by law. Personnel of each division shall act for and exercise the powers of the chief administrative officer of their division to the extent authority to do so is delegated by such administrative officer.
History: L. 1975, ch. 426, § 15; July 1.
History: L. 1975, ch. 426, § 16; July 1.
(b) In all cases, where, under the provisions of this act, part or all of the powers, duties and functions of any state agency are divided between the secretary of transportation and any other state agency, the department of transportation shall succeed to all property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred to the secretary of transportation. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or abolishment of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, with the approval of the state finance council, and such decision shall be final.
History: L. 1975, ch. 426, § 17; July 1.
History: L. 1975, ch. 426, § 18; July 1.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1975, ch. 426, § 19; July 1.
History: L. 1975, ch. 426, § 20; Repealed, L. 1989, ch. 209, § 65; July 1.
History: L. 1975, ch. 426, § 21; July 1.
History: L. 1975, ch. 426, § 22; Repealed, L. 1983, ch. 295, § 1; July 1.
History: L. 1975, ch. 426, § 23; July 1.
History: L. 1975, ch. 425, § 1; July 1.
History: L. 1976, ch. 369, § 1; April 27.
History: L. 1976, ch. 369, § 2; April 27.
History: L. 1976, ch. 369, § 3; L. 1982, ch. 369, § 1; July 1.
(b) The sale authorized by this section shall be exempt from the provisions of K.S.A. 75-3739, and amendments thereto.
History: L. 1978, ch. 363, § 1; July 1.
History: L. 1983, ch. 25, § 1; L. 1989, ch. 275, § 2; March 16.
History: L. 1983, ch. 25, § 2; July 1.
History: L. 1989, ch. 275, § 1; March 16.
History: L. 1989, ch. 259, § 1; L. 1994, ch. 236, § 3; L. 1999, ch. 137, § 18; July 1.
History: L. 1989, ch. 259, § 2; L. 1994, ch. 236, § 4; L. 1999, ch. 137, § 19; July 1.
(a) "Transportation system" means all public and private transportation providers which provide public transportation services to elderly persons, persons with disabilities and the general public, and which receive federal support through 49 U.S.C. § 5307, 5310 or 5311 from the U.S. department of transportation, federal transit administration.
(b) "Transportation" means the movement of individuals and meals in a four or more wheeled motorized vehicle designed to carry passengers. Transportation does not include emergency or school transportation.
(c) "Coordination" means where programmatically feasible, all entities involved in administrating and/or providing transportation and related services to elderly persons, persons with disabilities and the general public will work together in a smooth, concerted effort to effectively use resources and alleviate duplication of services.
(d) "Elderly persons" means those persons 60 years of age or older.
(e) "Persons with disabilities" means those persons determined by the department of transportation to be disadvantaged in terms of the transportation services available to them due to physical or mental disability.
(f) "Public transportation services" means those services accessible to elderly persons, persons with disabilities and the general public.
(g) "Department" means the Kansas department of transportation.
(h) "Secretary" means the secretary of the department of transportation or designee.
History: L. 1989, ch. 259, § 3; L. 1994, ch. 236, § 5; L. 1999, ch. 137, § 20; July 1.
(b) On July 1, 1999, and each July 1 thereafter, the director of accounts and reports shall transfer $6,000,000 from the state highway fund to the coordinated public transportation assistance fund.
History: L. 1989, ch. 259, § 4; L. 1994, ch. 236, § 6; L. 1999, ch. 137, § 21; July 1.
History: L. 1989, ch. 259, § 5; July 1.
(b) The secretary shall determine the eligibility of each applicant.
The following criteria shall be used in determining eligibility:
(1) Whether the proposal serves the transportation needs of elderly persons, persons with disabilities and the general public of the proposed service area;
(2) whether resources for transportation services are utilized in an effective and efficient manner;
(3) whether duplicative and inefficient administrative costs and transportation services are avoided.
(c) No more than 1% of the funds provided under this act shall be expended for administrative purposes.
History: L. 1989, ch. 259, § 6; L. 1994, ch. 236, § 7; L. 1999, ch. 137, § 22; July 1.
(b) The secretary shall establish an appeal process to allow those areas determined not to be in compliance, or those agencies dissatisfied with the recommendations of their respective area councils, an opportunity for a timely hearing before the secretary, according to the administrative procedure act.
History: L. 1989, ch. 259, § 7; July 1.
(b) The secretary may adopt rules and regulations necessary to carry out the provisions of this section.
History: L. 1990, ch. 33, § 1; L. 2001, ch. 5, § 394; July 1.
History: L. 1991, ch. 149, § 1; May 30.
History: L. 1991, ch. 149, § 2; May 30.
History: L. 1991, ch. 149, § 3; May 30.
(a) Two shall be rail shippers;
(b) two shall be representatives of railroad management, one shall represent a class I railroad and one shall represent a regional or short line railroad;
(c) two shall represent railroad labor, one shall be an employee of a class I railroad and one shall be an employee of a regional or short line railroad; and
(d) three shall represent the general public. A person appointed to fill a vacancy which occurs prior to the expiration of a term shall be appointed for the unexpired term. Each member of the advisory committee shall be appointed for a three-year term.
History: L. 1991, ch. 149, § 4; May 30.
(b) The advisory committee shall meet at least four times a year. The chairperson may call additional meetings. A majority of members shall constitute a quorum.
(c) Members of the advisory committee attending meetings of such committee shall be paid amounts provided in subsection (e) of K.S.A. 75-3223, and amendments thereto.
History: L. 1991, ch. 149, § 5; May 30.
(a) To assist the secretary of transportation in setting priorities under the rail service assistance program; and
(b) to provide such advice and assistance as the secretary of transportation deems necessary in carrying out the provisions of the rail service assistance program.
History: L. 1991, ch. 149, § 6; May 30.
(b) Such agreement may contain such terms and conditions as the secretary of transportation may deem appropriate to carry out the purposes of this section, except that the aggregate unpaid principal amount of obligations guaranteed thereby shall not exceed $20,000,000 of which not more than $5,000,000 may be available each fiscal year. Any loan guaranteed by the secretary of transportation pursuant to this section, at a minimum, shall meet the following requirements:
(1) The ratio of benefits to costs for any project funded by such guaranteed loan shall be greater than one. The benefit/cost methodology to be used for this determination shall be the most recent standard benefit/cost methodology approved by the federal railroad administration of the United States department of transportation;
(2) the qualified entity shall demonstrate that it is financially sound and capable of fulfilling all obligations created by the proposed loan guarantee agreement; and
(3) the qualified entity shall demonstrate that adequate funding for the proposed project is not otherwise available, on terms that would make the proposed project financially feasible, in the absence of a state loan guarantee.
(c) Prior to any loan being guaranteed under the provisions of this section, the secretary of transportation shall make a determination as to whether the guaranteeing of such loan would adversely affect the rating of any bonds issued and outstanding or authorized to be issued. If the guaranteeing of such loan would adversely affect the rating of such bonds, the secretary of transportation shall not guarantee such loan. Such determination shall be documented in writing by the secretary of transportation.
(d) The secretary of transportation may adopt rules and regulations consistent with and for the purpose of implementing the provisions of this section, including the priorities contained in subsection (a) of K.S.A. 75-4045, and amendments thereto.
(e) "Qualified entity" means any interstate commerce commission certificated railroad, a port authority established in accordance with Kansas laws, or any entity meeting the rules and regulations established by this section.
(f) The secretary of transportation shall not enter into any agreement to guarantee a loan under the provisions of this section unless such action has been authorized by act of the legislature or has been approved by the state finance council acting on this matter which is hereby characterized as a matter of legislative delegation and subject to the guidelines prescribed by subsection (c) of K.S.A. 75-3711c and amendments thereto, except that such approval may also be given when the legislature is in session.
History: L. 1991, ch. 149, § 7; L. 1999, ch. 137, § 23; July 1.
(b) The secretary of transportation shall pay from the rail service assistance program loan guarantee fund to a lender of a qualified entity, the amounts for any loan which is in default, which is for the financing, acquisition or rehabilitation of railroads pursuant to the provisions of K.S.A. 75-5046.
History: L. 1991, ch. 149, § 8; May 30.
(b) Such loans or grants shall be made upon such terms and conditions as the secretary of transportation may deem appropriate, and such loans or grants shall be made from funds credited to the rail service improvement fund.
(c) The rail service improvement fund is hereby established in the state treasury which shall be for the purpose of facilitating the financing, acquisition and rehabilitation of railroads pursuant to subsection (a) of this section and for the refinancing thereof. The secretary of transportation shall administer the rail service improvement fund. All expenditures from the rail service improvement 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 secretary of transportation or by a person or persons designated by the secretary.
(d) All moneys received from the federal government under the local rail freight assistance program (49 U.S.C. 1654) shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the rail service improvement fund.
(e) The management and investment of the rail service improvement fund shall be in accordance with K.S.A. 68-2324, and amendments thereto. Notwithstanding anything to the contrary, all interest or other income of the investments, after payment of any management fees, shall be considered income of the rail service improvement fund.
(f) (1) On July 1, 1999, and each July 1 thereafter, the director of accounts and reports shall transfer $3,000,000 from the state highway fund to the rail service improvement fund.
(2) The provisions of this subsection shall expire on June 30, 2009.
(g) "Qualified entity" means any interstate commerce commission certificated railroad, a port authority established in accordance with Kansas laws, or any entity meeting the rules and regulations established by K.S.A. 75-5050, and amendments thereto.
History: L. 1991, ch. 149, § 9; L. 1999, ch. 137, § 24; L. 2001, ch. 5, § 395; L. 2006, ch. 108, § 2; July 1.
(a) Stipulate minimum operating standards for rail lines designed to achieve reasonable transportation service for shippers and to achieve best use of funds invested in rail line rehabilitation;
(b) require a portion of the total assistance for improving a rail line to be loaned to the railroad by rail users and require the railroad to reimburse rail users for any loan on the basis of use of the line and the revenues produced when the line has been improved;
(c) determine the terms and conditions under which all or any portion of funds loaned shall be repaid to the department of transportation by the railroads. Reimbursement may be made as a portion of the increased revenue derived from the improved rail line. Any reimbursement received by the department pursuant to this subsection shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the rail service improvement fund and shall be appropriated exclusively for the rehabilitation of other rail lines in the state pursuant to K.S.A. 75-5048, and amendments thereto.
History: L. 1991, ch. 149, § 10; L. 2001, ch. 5, § 396; July 1.
History: L. 1991, ch. 149, § 11; May 30.
History: L. 1992, ch. 105, § 2; July 1.
History: L. 1992, ch. 105, § 3; L. 1996, ch. 99, § 1; July 1.
(a) "Transportation" means the movement of individuals in a four or more-wheeled motorized vehicle designed to carry passengers. Transportation does not include emergency or school transportation.
(b) "Nonurbanized area" designates any city or county with a population of less than 50,000 population.
(c) "Rural transportation system" means all public and private transportation agencies which provide transportation services in nonurbanized portions of the state and which receive federal support through 49 U.S.C. § 5310, 49 U.S.C. § 5311 from the United States department of transportation, federal transit administration, or from the Kansas coordinated public transportation assistance act, or from both.
(d) "Specialized transportation system" means all public and private transportation agencies which provide transportation services to elderly persons or persons with disabilities and which receive federal support through 49 U.S.C. § 5310 from the United States department of transportation, federal transit administration, or the Kansas coordinated public transportation assistance act, or from both.
(e) "Coordinated transit district" means a public or private not-for-profit agency with an established purpose to distribute funds and monitor implementation of passenger transportation services in a designated area of the state.
(f) "Administrator" means the agency selected to receive funds from the department for provision of transportation services in the designated area.
(g) "Elderly person" means those persons 60 years of age or older.
(h) "Persons with disabilities" means those persons determined by the department of transportation to be disadvantaged in terms of the transportation services available to them due to physical or mental disability.
(i) "Coordination" means where programmatically feasible, all entities involved in administrating or providing transportation and related services to elderly persons, persons with disabilities and the general public will work together in a smooth, concerted effort to effectively use resources and alleviate duplication of services.
(j) "Department" means the Kansas department of transportation.
(k) "Secretary" means the secretary of the department of transportation.
History: L. 1992, ch. 105, § 4; L. 1994, ch. 236, § 8; L. 1996, ch. 99, § 2; L. 1999, ch. 137, § 25; July 1.
(a) Contracting with the department for receipt of funds which will enhance transportation coordination in the district;
(b) subcontracting with eligible agencies for provision of transportation; and
(c) monitoring the provision of transportation services in the district to ensure compliance with applicable federal and state laws and regulations.
History: L. 1992, ch. 105, § 5; L. 1996, ch. 99, § 3; July 1.
History: L. 1992, ch. 105, § 6; July 1.
(b) The secretary shall determine the eligibility of each agency to serve as coordinated transit district administrator. The following criteria shall be used in determining eligibility:
(1) Whether the proposal serves the transportation needs of elderly persons, persons with disabilities and the general public of the proposed district;
(2) whether resources for transportation services are utilized in an effective and efficient manner; and
(3) whether the proposal is consistent with the statewide coordinated transit district plan.
(c) The secretary shall administer and allocate funds to qualified coordinated transit district administrators, consistent with the statewide coordinated transit district plan.
History: L. 1992, ch. 105, § 7; L. 1996, ch. 99, § 4; L. 1999, ch. 137, § 26; July 1.
History: L. 1992, ch. 105, § 8; July 1.
History: L. 1992, ch. 105, § 9; July 1.
(b) Such grants shall be made upon such terms and conditions as the secretary of transportation deems appropriate, and such grants shall be made from funds credited to the public use general aviation airport development fund.
(c) The public use general aviation airport development fund is hereby established in the state treasury which shall be for the purpose of planning, constructing, reconstructing or rehabilitating the facilities of public use general aviation airports pursuant to subsection (a) of this section. All moneys received pursuant to subsection (a) shall be remitted to the state treasurer at least monthly and deposited in the state treasury to the credit of the public use general aviation airport development fund. The secretary of transportation shall administer the public use general aviation airport development fund. All expenditures from the public use general aviation airport development 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 secretary of transportation or by a person or persons designated by the secretary.
(d) On July 1, 1999, and each July 1 thereafter, the director of accounts and reports shall transfer $3,000,000 from the state highway fund to the public use general aviation airport development fund.
(e) As used in this section "public use general aviation airport" means any airport available for use by the general public for the landing and taking off of aircraft, but shall not include any airport classified as a primary airport by the federal aviation administration.
(f) The secretary of transportation may adopt rules and regulations for the purpose of implementing the provisions of this section.
History: L. 1994, ch. 191, § 1; L. 1999, ch. 137, § 27; July 1.
History: L. 1998, ch. 63, § 1; July 1.
History: L. 1999, ch. 137, § 2; July 1.
(a) "Cost" means as applied to any qualified project, any or all costs, whenever incurred, approved by the department, for carrying out a qualified project;
(b) "department" means the Kansas department of transportation established under K.S.A. 75-5001, and amendments thereto;
(c) "fund" means the Kansas transportation revolving fund established by K.S.A. 2007 Supp. 75-5066;
(d) "governmental unit" means any town, city, district, county, commission, agency, authority, board or other instrumentality of the state or of any of its political subdivisions, including any combination thereof, which is responsible for the construction, ownership or operation of a qualified project;
(e) "private enterprise" means a private person or entity that has entered into a contract with a public authority to design, finance, construct and/or operate a qualified project that is within the jurisdiction of such public authority;
(f) "project" means the acquisition, construction, improvement, repair, rehabilitation, maintenance or extension of transportation facilities;
(g) "project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto;
(h) "project revenues" means all rates, rents, fees, assessments, charges and other receipts derived or to be derived by a qualified borrower from a qualified project;
(i) "qualified borrower" means any governmental unit or private enterprise which is authorized to construct, operate or own a qualified project;
(j) "qualified project" means any public or private transportation project, including, without limitation, the construction, reconstruction, resurfacing, restoration, rehabilitation or replacement of public or private transportation facilities within the state;
(k) "revenues" means when used with respect to the department, any receipts, fees, revenues or other payments received or to be received by the department under K.S.A. 2007 Supp. 75-5063 through 75-5069;
(l) "secretary" means the secretary of the Kansas department of transportation;
(m) "transportation project" means any bridge, culvert, highway, road, street or combination thereof.
History: L. 1999, ch. 137, § 3; July 1.
(b) The secretary shall adopt rules and regulations, to carry out the purposes and provisions of K.S.A. 2007 Supp. 75-5063 through 75-5069.
History: L. 1999, ch. 137, § 4; July 1.
(1) Amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(2) the proceeds, if any, from the sale of bonds issued pursuant to K.S.A. 2007 Supp. 75-5067 for the purposes of the fund to the extent provided in any agreement entered into between the secretary and the Kansas development finance authority;
(3) amounts of repayments made by qualified borrowers of loans received under K.S.A. 2007 Supp. 75-5063 through 75-5069, together with payments of interest thereon, in accordance with agreements entered into between such qualified borrowers and the secretary;
(4) amounts earned on moneys in the fund;
(5) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of the fund; and
(6) amounts transferred by order of the secretary from the state highway fund.
(b) Subject to the provisions of K.S.A. 2007 Supp. 75-5063 through 75-5069, expenditures from the fund shall be made for the following purposes:
(1) For the payment of the principal, including sinking fund payments of and premium, if any, and interest on bonds issued pursuant to K.S.A. 2007 Supp. 75-5063 through 75-5069;
(2) for providing financial assistance to qualified borrowers to finance qualified projects;
(3) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement to secure such bonds required or provided for in any trust agreement entered into pursuant to K.S.A. 2007 Supp. 75-5063 through 75-5069;
(4) to guarantee, purchase insurance or provide other credit enhancement for bonds of qualified borrowers issued to finance the costs of qualified projects;
(5) to provide reserves for or otherwise secure bonds issued pursuant to K.S.A. 2007 Supp. 75-5063 through 75-5069 and to provide insurance or other credit enhancement for such bonds;
(6) to provide reserves for, or to otherwise secure, amounts payable by qualified borrowers on loans made by and leases with the department in the event of default by a particular qualified borrower or, on a parity basis, by any qualified borrower;
(7) to provide a subsidy for, or to otherwise assist, qualified borrowers in the payment of debt service costs on loans made by the department hereunder;
(8) for administrative costs of the fund or for any of the foregoing; and
(9) the transfer of money by order of the secretary to the state highway fund.
History: L. 1999, ch. 137, § 5; July 1.
History: L. 1999, ch. 137, § 6; July 1.
(b) The secretary may enter into agreements with any qualified borrower for payment of all or a part of project costs and any governmental unit may enter into such an agreement and may accept such assistance when so authorized by its governing body.
(c) The secretary shall provide any governmental unit, upon its request, with technical advice and assistance regarding a project or an application for assistance. The secretary may assess reasonable fees for providing such assistance.
History: L. 1999, ch. 137, § 7; July 1.
(b) Any loans received by a governmental unit under the provisions of K.S.A. 2007 Supp. 75-5063 through 75-5069 shall be construed to be bonds for the purposes of K.S.A. 10-1116 and 79-5028, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the governmental unit.
History: L. 1999, ch. 137, § 8; July 1.
(b) State highway funds may be used for noise abatement measures when it is determined by the secretary that the overall noise abatement benefits outweigh the overall adverse social, economic and environmental effects and the costs of the noise abatement measures.
(c) The secretary of the department of transportation may adopt rules and regulations necessary for the implementation of the provisions of this section.
History: L. 1999, ch. 137, § 41; July 1.
History: L. 2004, ch. 86, § 1; July 1.
(1) "Qualified hometown" means a city or unincorporated community that is a governor's hometown as defined by this section and which has satisfied the requirements of this section; and
(2) "governor's hometown" means the city or unincorporated community listed in the election records of the secretary of state as the residence of a successful candidate for governor of the state of Kansas the first time such candidate was elected governor.
(b) For all qualified hometowns, the secretary of the Kansas department of transportation shall install governor's hometown signs at all appropriate locations near the city limits of a city or the edges of an unincorporated community.
The secretary of transportation shall install such governors' hometown signs only if:
(1) The governing body of the city or the board of county commissioners for the unincorporated community has adopted a resolution requesting the installation of such signs;
(2) the city or unincorporated community is located on a highway which is part of the state highway system; and
(3) the secretary has received sufficient moneys from gifts and donations to reimburse the secretary for the initial cost of installing such signs and an additional 50% of the initial cost to defray future maintenance or replacement costs of such signs.
The secretary of transportation may accept and administer gifts and donations to aid in obtaining and installing governors' hometown signs.
(c) The secretary of transportation, or the secretary's designee, shall design the governors' hometown signs. The size, shape, color, design and content of such signs shall be distinctive and shall be determined by the secretary of transportation, except that such signs shall include: (1) The name of the city or unincorporated community; (2) the governor's hometown logo; and (3) an indication that such city or unincorporated community is the hometown of one or more governors of Kansas, the name of each governor of Kansas whose hometown is such city or unincorporated community, the numerical designation of each such governor in the succession of governors of Kansas and the years each such governor served as governor of Kansas.
(d) The secretary of commerce, or the secretary's designee, shall conduct a competition for the design of the governor's hometown logo. The logo shall include a representation of the dome of the state capitol building. In organizing and conducting such competition, the secretary of commerce shall consult with and cooperate with the executive director of the state historical society, the executive director of the Kansas arts commission, Kansas humanities council and such other agencies, persons or organizations as the secretary finds appropriate.
(e) The governing body of any city or the board of county commissioners for any unincorporated community, not located on a highway which is part of the state highway system, may request a governor's hometown sign from the secretary of transportation which meets the design specifications of subsection (c). Such city or unincorporated community shall reimburse the secretary for the cost of such sign and shall be responsible for the installation, repair, maintenance or replacement of such sign.
(f) (1) The governing body of any city or the board of county commissioners for any unincorporated community which was a territorial capital of Kansas, may request a territorial governor's sign from the secretary of transportation, subject to the same procedure, conditions and limitations contained in subsections (b) and (e).
(2) The secretary of transportation, or the secretary's designee, shall design the territorial governor's signs. The size, shape, color, design and content of such signs shall be distinctive and shall be determined by the secretary of transportation, except that such signs shall include: (1) The name of the city or unincorporated community; (2) an indication that such city or unincorporated community was a territorial capital of Kansas, the name of each territorial governor of Kansas who served in such territorial capital, the numerical designation of each such governor in the succession of governors of Kansas and the years each such governor served as territorial governor of Kansas.
History: L. 2004, ch. 86, § 2; July 1.
(a) "Communication system" means a system of communications to support the purposes of the department and public safety agencies.
(b) "Communication system equipment" means equipment necessary to use, implement, support and maintain the communication system, including, but not limited to, radio towers.
(c) "Department" means the Kansas department of transportation.
(d) "Fund" means the Kansas communication system revolving fund established by K.S.A. 2007 Supp. 75-5075, and amendments thereto.
(e) "Public safety agency" means any governmental agency providing law enforcement, emergency management, fire fighting, ambulance, emergency medical or other emergency services.
(f) "Revenues" means any receipts, fees, revenues or other payments received or to be received by the department under this act.
(g) "Secretary" means the secretary of the Kansas department of transportation.
History: L. 2004, ch. 17, § 1; Apr. 8.
(1) Purchase communication system equipment for the purpose of leasing such equipment to public safety agencies;
(2) lease communication system equipment, and access to such equipment, to public safety agencies; and
(3) lease access to communication system equipment to governmental and nongovernmental entities, to the extent such access is not required by the department or public safety agencies.
(b) The secretary shall establish prices for leasing communication system equipment and access to such equipment pursuant to this act. Prices for governmental entities shall recover actual incremental costs of administration, equipment, installation and maintenance for each lessee. Prices for leasing access to such equipment to nongovernmental entities shall be at prevailing rates so as to minimize competition with private business.
History: L. 2004, ch. 17, § 2; Apr. 8.
(b) The fund shall consist of:
(1) All lease payments received by the secretary pursuant to this act, in accordance with agreements entered into between lessees and the secretary;
(2) amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(3) the proceeds, if any, from the sale of bonds issued pursuant to this act for the purposes of the fund, to the extent provided in any agreement entered into between the secretary and the Kansas development finance authority;
(4) interest earned on moneys in the fund;
(5) amounts contributed or otherwise made available by any public or private entity, including the federal government, for use in effectuating the purposes of the fund; and
(6) amounts transferred by order of the secretary from the state highway fund.
(c) Subject to the provisions of this act, expenditures from the fund shall be made for the following purposes:
(1) To purchase, maintain and administer the communication system;
(2) to purchase communication system equipment to lease to public safety agencies;
(3) for the payment of the principal of bonds issued pursuant to this act, including sinking fund payments or payments to any other required reserves, and the premium, if any, and interest on such bonds;
(4) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement to secure such bonds required or provided for in any trust agreement entered into pursuant to this act;
(5) to provide reserves for or otherwise secure bonds issued pursuant to this act and to provide insurance or other credit enhancement for such bonds;
(6) for administrative costs of the fund or for any of the foregoing; and
(7) the transfer of money by order of the secretary to the state highway fund.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the communication system revolving fund interest earnings based on:
(1) The average daily balance of moneys in the communication system revolving fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the communication system revolving 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 secretary for the purposes set forth in this section.
History: L. 2004, ch. 17, § 3; Apr. 8.
(b) The secretary shall adopt rules and regulations, to carry out the purposes and provisions of this act.
History: L. 2004, ch. 17, § 4; Apr. 8.
History: L. 2004, ch. 17, § 5; Apr. 8.
(b) All rules and regulations of the state corporation commission referencing railroads in existence on the date of passage of this act shall be reviewed by the Kansas department of transportation prior to July 1, 2005. Any such rules and regulations which the Kansas department of transportation does not notify the state corporation commission to retain shall be revoked by the state corporation commission prior to the effective date of this act. Any rules and regulations which the Kansas department of transportation notified the state corporation commission to retain shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the Kansas department of transportation until revised, amended, revoked or nullified pursuant to law.
(c) When any conflict arises as to the disposition of any power, function or duty in relation to the transfer of this authority, such conflict shall be resolved by the governor, whose decision shall be final.
(d) The Kansas department of transportation shall take custody of all state corporation commission records, memoranda, writings, entries, prints, representations or combinations thereof relating to railroads. Any conflict as to the proper disposition of records arising under this section and resulting from the transfer shall be determined by the governor, whose decision shall be final.
(e) No suit, action or other proceeding, judicial or administrative, lawfully commenced or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of the act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(f) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 2005, ch. 21, § 1; July 1.
(b) The secretary of transportation shall publish the information required under subsection (a) at least annually.
History: L. 2006, ch. 141, § 9; July 1.
History: L. 2007, ch. 140, § 13; Apr. 26.