reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5023 Specific powers of secretary; federal funds; planning for various modes and systems of transportation; agreements and compacts.

75-5023.
Specific powers of secretary; federal funds; planning for various modes and systems of transportation; agreements and compacts.
The secretary of transportation may apply for, receive and administer any federal funds or other funds now or hereafter made available for highway, road or street purposes or for purposes relating to the various other modes and systems of transportation as shall be provided by law; may plan for the various modes and systems of transportation within this state; and may enter into agreements or compacts, with federal, state or regional agencies, counties, cities, townships, other authorities, individuals, partnerships or corporations.
History:
L. 1975, ch. 426, § 23; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5024 Expenses of department prior to August 15, 1975; appropriation of moneys for department; expenditures from state highway fund.

75-5024.
Expenses of department prior to August 15, 1975; appropriation of moneys for department; expenditures from state highway fund.
Prior to August 15, 1975, the director of highways or any acting director of highways appointed as successor to such office shall be authorized to expend from the administration accounts of the state highway fund any amounts necessary for expenses incurred by the establishment of a department of transportation, as provided by Laws 1975, ch. 426 [*]. On August 15, 1975, the balance of all funds appropriated and reappropriated to the state highway commission is hereby appropriated to said department of transportation, and on and after said date, all expenditures from the state highway fund for the department of transportation 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.
History:
L. 1975, ch. 425, § 1; July 1.
* For location of sections, see Comparative Table of Sections in Constitutions Volume.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5025 State rail transportation plan; specific powers and duties of secretary.

75-5025.
State rail transportation plan; specific powers and duties of secretary.
The secretary of transportation pursuant to K.S.A. 75-5023, is hereby authorized to exercise those powers necessary for the state to qualify for rail service continuation subsidies pursuant to the provisions of the railroad revitalization and regulatory reform act of 1976 including authority: (1) To establish a state plan for rail transportation and local rail services; (2) to administer and coordinate the state plan; (3) to provide in the plan for equitable distribution of federal rail service continuation subsidies among state, local and regional transportation authorities; (4) to maintain adequate programs of investigation, research, promotion and development in connection with such purposes and to provide for public participation therein; (5) to provide satisfactory assurance on behalf of the state that such fiscal control of accounting procedures will be adopted by the state as may be necessary to assure proper disbursement of an account for federal funds paid to the state as rail service continuation subsidies; (6) to comply with the regulations of the secretary of transportation and the United States department of transportation affecting federal rail service continuation programs; and (7) to do all things otherwise necessary to maximize federal assistance to the state under title VIII of public law 94-210.
History:
L. 1976, ch. 369, § 1; April 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5026 Same; acceptance of federal funds.

75-5026.
Same; acceptance of federal funds.
The secretary of transportation may accept and utilize federal funds, grants, gifts or donations which are available and any sums that are appropriated, in carrying out the purpose of this act. The secretary of transportation may also apply for discretionary or other funds available under the provisions of the railroad revitalization and regulatory reform act of 1976, or other federal programs.
History:
L. 1976, ch. 369, § 2; April 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5027 Same; rules and regulations.

75-5027.
Same; rules and regulations.
The secretary of transportation may adopt rules and regulations consistent with and for the purpose of adequately implementing the foregoing subdivisions of this act.
History:
L. 1976, ch. 369, § 3; L. 1982, ch. 369, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5029 Railroad rehabilitation loan guarantee fund; purposes; limitation on expenditures; administration.

75-5029.
Railroad rehabilitation loan guarantee fund; purposes; limitation on expenditures; administration.
The railroad rehabilitation loan guarantee fund is hereby established in the state treasury which shall be for the purpose of facilitating the financing, acquisition, rehabilitation of railroads in participation with the federal government to provide rail service in Kansas and for the refinancing thereof. The secretary of transportation shall administer the railroad rehabilitation loan guarantee fund. All expenditures from the railroad rehabilitation loan guarantee fund shall be made in accordance with appropriations 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.
History:
L. 1983, ch. 25, § 1; L. 1989, ch. 275, § 2; March 16.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5030 Same; payment of amounts in default by mid-states port authority, when; limitation.

75-5030.
Same; payment of amounts in default by mid-states port authority, when; limitation.
Subject to the provisions of K.S.A. 75-5029, the secretary of transportation shall pay from the railroad rehabilitation loan guarantee fund to the federal railroad administration, or its successor, the amounts for any loan which is in default, which is for the acquisition and rehabilitation of certain railroad facilities by the mid-states port authority from the trustee of the Chicago, Rock Island and Pacific Railway company to provide railroad service in Kansas and which received prior approval by the secretary of transportation, except that the total of all such amounts paid under this section shall not exceed 50% of the loss which would otherwise be assumed by the federal government in the event of default on such loan for such project.
History:
L. 1983, ch. 25, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5031 Same; refinancing agreement; guarantee, limitation.

75-5031.
Same; refinancing agreement; guarantee, limitation.
For the purpose of facilitating the refinancing of the loan guaranteed by the secretary of transportation in accordance with K.S.A. 75-5030 and amendments thereto, the secretary of transportation is hereby authorized to enter into an agreement with the mid-states port authority and the financial institutions participating in such refinancing to guarantee the repayment of any amounts which are in default on any loan obtained by the mid-states port authority for such refinancing. 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 total principal amount guaranteed thereby shall not exceed $7,000,000.
History:
L. 1989, ch. 275, § 1; March 16.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5032 Coordinated public transportation assistance act.

75-5032.
Coordinated public transportation assistance act.
This act shall be known and may be cited as the Kansas coordinated public transportation assistance act.
History:
L. 1989, ch. 259, § 1; L. 1994, ch. 236, § 3; L. 1999, ch. 137, § 18; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5033 Purpose of act.

75-5033.
Purpose of act.
It is declared to be the purpose of this act to provide financial and administrative assistance to transportation systems which provide coordinated transportation services to elderly persons, persons with disabilities and the general public.
History:
L. 1989, ch. 259, § 2; L. 1994, ch. 236, § 4; L. 1999, ch. 137, § 19; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5034 Definitions.

75-5034.
Definitions.
When used in this act:
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5035 Coordinated public transportation assistance fund established; funding.

75-5035. Coordinated public transportation assistance fund established; funding.
(a) There is hereby established in the state treasury the coordinated public transportation assistance fund. Any expenditures from the fund shall be for the coordinated development, improvement or maintenance of transportation systems for elderly persons, persons with disabilities or the general public under this act and 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 designated by the secretary.
(b) (1) On July 1, 1999, and each July 1 thereafter through July 1, 2012, the director of accounts and reports shall transfer $6,000,000 from the state highway fund to the coordinated public transportation assistance fund.
(2) On July 1, 2013, and each July 1 thereafter, the director of accounts and reports shall transfer $11,000,000 from the state highway fund to the coordinated public transportation assistance fund. The secretary is hereby authorized to transfer additional moneys to the coordinated public transportation assistance fund from the state highway fund and moneys from the coordinated public transportation assistance fund to the state highway fund. In no event shall the amount remaining in the fund and the amount spent or dedicated for grants or projects for public transportation in each fiscal year fall below $11,000,000.
History:
L. 1989, ch. 259, § 4; L. 1994, ch. 236, § 6; L. 1999, ch. 137, § 21; L. 2010, ch. 156, § 29; L. 2020, ch. 8, § 10; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5037 Secretary of transportation, duties; eligibility of applicants.

75-5037.
Secretary of transportation, duties; eligibility of applicants.
(a) The secretary shall administer and allocate funds appropriated under this act for the purpose of providing financial and administrative assistance to transportation systems.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5038 Withholding of funds, when; appeal.

75-5038.
Withholding of funds, when; appeal.
(a) Upon notice that no concerted effort toward coordination has been undertaken within a geographic area, the department shall withhold funds allocated under this act.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5039 Secretary of transportation, multi-state special permit contracts; highway special permit fund; rules and regulations.

75-5039.
Secretary of transportation, multi-state special permit contracts; highway special permit fund; rules and regulations.
(a) The secretary of transportation is authorized to enter into all contracts and agreements necessary to cooperate with the various departments of transportation among the states for the purpose of issuing multi-state special permits consistent with the provisions of K.S.A. 8-1911, and amendments thereto. The secretary is authorized to accept, as agent for the various departments of transportation who are parties to any such agreement, fees for each special permit issued for travel through and upon the highways of any such state. The fees collected by the secretary 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 highway special permit fund which is hereby created. All expenditures from the highway special permit 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 the secretary's designee.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5040 Railroad assistance programs; findings.

75-5040.
Railroad assistance programs; findings.
The legislature finds and determines that integrated systems, including railways, highways and airways, are necessary in order to meet the economic and energy needs of the citizens of the state, both now and in the future. The legislature finds that a portion of the present railroad system in the state does not provide adequate service to citizens of the state. The legislature further finds and determines that it is in the best interest of the state to establish a rail service assistance program in order to preserve and revitalize essential rail service in the state.
History:
L. 1991, ch. 149, § 1; May 30.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5041 Rail service assistance program; establishment.

75-5041.
Rail service assistance program; establishment.
There is hereby established the rail service assistance program to provide assistance for the preservation and revitalization of rail service in the state, including the guarantee of loans pursuant to K.S.A. 75-5046.
History:
L. 1991, ch. 149, § 2; May 30.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5042 Rail service assistance program advisory committee; establishment.

75-5042.
Rail service assistance program advisory committee; establishment.
There is hereby established the rail service assistance program advisory committee hereinafter referred to as the advisory committee. The advisory committee shall be advisory to the secretary of transportation.
History:
L. 1991, ch. 149, § 3; May 30.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5043 Advisory committee; membership.

75-5043.
Advisory committee; membership.
The advisory committee shall consist of nine members appointed by the governor as follows:
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5044 Advisory committee; organization.

75-5044.
Advisory committee; organization.
(a) The advisory committee shall organize annually by the election from its membership of a chairperson and a secretary. The advisory committee may adopt such rules of procedure as the committee deems necessary for the conduct of business.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5045 Advisory committee; functions, powers and duties.

75-5045.
Advisory committee; functions, powers and duties.
The advisory committee shall have the following functions, powers and duties:
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5047 Rail service assistance program loan guarantee fund; establishment.

75-5047.
Rail service assistance program loan guarantee fund; establishment.
(a) The rail service assistance program loan guarantee 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 the rail service assistance program in K.S.A. 75-5040 through 75-5047 and for the refinancing thereof. The secretary of transportation shall administer the rail service assistance program loan guarantee fund. All expenditures from the rail service assistance program loan guarantee 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.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5049 Same; loans and grants; requirements.

75-5049. Same; loans and grants; requirements.
The secretary in making any loan or grants pursuant to K.S.A. 75-5048, and amendments thereto, may:
(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.
(d) The secretary may enter into loan or grant agreements with any entity which is a qualified entity pursuant to K.S.A. 75-5048, and amendments thereto, for payment of all or part of a project's costs. Any governmental unit that is a qualified entity and in coordination with the railroad providing service, may enter into such an agreement and may accept such assistance when so authorized by its governing body.
(e) Upon the failure of a governmental unit, which is a qualified entity, to meet the repayment terms and conditions of a loan agreement under this section, the secretary may order the state treasurer to pay to the rail service improvement fund the portion of such governmental unit's share of the special city and county highway fund as may be necessary to meet the terms of the loan agreement.
(f) Any loans received by a governmental unit under the provisions of K.S.A. 75-5048 through 75-5050, and amendments thereto, shall be construed to be bonds for the purpose of K.S.A. 10-1116, 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. 1991, ch. 149, § 10; L. 2001, ch. 5, § 396; L. 2011, ch. 28, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5050 Rules and regulations.

75-5050.
Rules and regulations.
The secretary of transportation may adopt rules and regulations for the purpose of implementing the provisions of K.S.A. 75-5048 and 75-5049.
History:
L. 1991, ch. 149, § 11; May 30.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5051 Kansas coordinated transit districts act.

75-5051.
Kansas coordinated transit districts act.
K.S.A. 75-5051 through 75-5058 shall be known and may be cited as the Kansas coordinated transit districts act.
History:
L. 1992, ch. 105, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5052 Same; purpose.

75-5052.
Same; purpose.
The purpose of the act is to authorize the department to establish coordinated transit districts to enhance coordination and management of state and federal passenger transportation funds. The established coordinated transit districts shall be the designated recipients of funds distributed for operation of transit services from 49 U.S.C. § 5310 (previously section 16), 49 U.S.C. § 5311 (previously section 18), or state funds designated for rural public and specialized transportation services. Establishment of coordinated transit districts is not intended to create an employment relationship between coordinated transit districts or individual transportation service providers and the state of Kansas.
History:
L. 1992, ch. 105, § 3; L. 1996, ch. 99, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5053 Kansas coordinated transit districts; definitions.

75-5053.
Kansas coordinated transit districts; definitions.
When used in this act:
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5054 Establishment of coordinated transit districts; responsibilities of districts.

75-5054.
Establishment of coordinated transit districts; responsibilities of districts.
The department is authorized to establish coordinated transit districts in the state. Responsibilities of the coordinated transit districts shall include:
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5055 Secretary of transportation, development of plan and establishment of guidelines.

75-5055.
Secretary of transportation, development of plan and establishment of guidelines.
The secretary shall develop a plan establishing guidelines for the implementation of this act.
History:
L. 1992, ch. 105, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5056 Secretary of transportation, powers and duties.

75-5056.
Secretary of transportation, powers and duties.
(a) The secretary shall establish coordinated transit districts for the purpose of providing financial and administrative assistance to transportation systems.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5057 Requirement to become a part of coordinated transit district, when.

75-5057.
Requirement to become a part of coordinated transit district, when.
On and after July 1, 1995, any recipient of federal or state grants to provide rural public or specialized transportation services shall be required to become a part of a coordinated transit district prior to July 1, 1995, to continue to be eligible to receive such federal or state grants.
History:
L. 1992, ch. 105, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5058 Appeal according to the administrative procedure act.

75-5058.
Appeal according to the administrative procedure act.
The secretary shall establish an appeal process to allow agencies dissatisfied with the recommendations for distribution of funds recommended by the coordinated transit district administrator an opportunity for a timely hearing, before the secretary, according to the administrative procedure act.
History:
L. 1992, ch. 105, § 9; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5062 Secretary authorized to pay employees for the theft of certain tools or equipment.

75-5062.
Secretary authorized to pay employees for the theft of certain tools or equipment.
The secretary of transportation is authorized to pay from the highway fund losses incurred by department of transportation employees resulting from the theft of the employee's tools or equipment when taken from a department facility or vehicle. Payment shall be allowed only in circumstances where the employee's supervisor or department policy requires the employee to furnish the tools or equipment as a condition of employment. No payment shall be allowed where the secretary finds that the employee's negligence was the primary cause of the loss or where covered by insurance, except payment can be made to cover any deductible. This section is separate and independent from any other authority the secretary may have to pay losses or claims.
History:
L. 1998, ch. 63, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5063 Transportation revolving fund; authorization to establish; creation of separate accounts.

75-5063.
Transportation revolving fund; authorization to establish; creation of separate accounts.
The secretary of transportation is hereby authorized to establish a transportation revolving fund to provide assistance to governmental units for transportation projects. The secretary may authorize the creation of separate accounts within the transportation revolving fund with respect to major highway enhancement projects.
History:
L. 1999, ch. 137, § 2; L. 2010, ch. 156, § 32; June 3.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5064 Transportation revolving fund; definitions.

75-5064.
Transportation revolving fund; definitions.
As used in K.S.A. 75-5063 through 75-5069, and amendments thereto:
(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. 75-5066, and amendments thereto, including one or more of the separate accounts within such fund;
(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) "major highway enhancement project" means a highway project determined by the secretary to be of local, regional or statewide economic significance, including, but not limited to, the construction of new highways, construction of additional traffic lanes, improved access control, corridor improvements, construction, reconstruction or improvement of highway interchanges that have not been developed, have been under-developed or are unlikely to be developed in the absence of governmental assistance;
(f) "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;
(g) "project" means the acquisition, construction, improvement, repair, rehabilitation, maintenance or extension of transportation projects;
(h) "project costs" means all costs or expenses which are necessary or incident to a project and which are directly attributable thereto;
(i) "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;
(j) "qualified borrower" means any governmental unit or private enterprise which is authorized to construct, operate or own a qualified project;
(k) "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 projects within the state;
(l) "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. 75-5063 through 75-5069, and amendments thereto;
(m) "secretary" means the secretary of the Kansas department of transportation;
(n) "transportation project" means any bridge, culvert, highway, road, street, major highway enhancement project or combination thereof.
History:
L. 1999, ch. 137, § 3; L. 2010, ch. 156, § 33; June 3.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5065 Transportation revolving fund; secretary of transportation responsibilities; rules and regulations.

75-5065.
Transportation revolving fund; secretary of transportation responsibilities; rules and regulations.
(a) The secretary shall administer the provisions of K.S.A. 75-5063 through 75-5069 and shall be responsible for the administration and management of the fund, and shall have the power to enter into agreements and contracts and to transfer money between the state highway fund and the fund as required to effect the purposes of K.S.A. 75-5063 through 75-5069.
(b) The secretary shall adopt rules and regulations, to carry out the purposes and provisions of K.S.A. 75-5063 through 75-5069.
History:
L. 1999, ch. 137, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5066 Transportation revolving fund, established; expenditures.

75-5066.
Transportation revolving fund, established; expenditures.
(a) There is hereby established in the state treasury a fund to be known as the Kansas transportation revolving fund which shall consist of the following:
(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. 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. 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. 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. 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. 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. 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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5067 Transportation revolving fund; issuance of bonds by Kansas development finance authority.

75-5067.
Transportation revolving fund; issuance of bonds by Kansas development finance authority.
The activities of the department in administering and performing the powers, duties and functions prescribed by the provisions of K.S.A. 75-5063 through 75-5069 are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of issuance of bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History:
L. 1999, ch. 137, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5068 Transportation revolving fund; applications; agreements; technical advice.

75-5068.
Transportation revolving fund; applications; agreements; technical advice.
(a) Qualified borrowers which desire assistance in the form of a loan, credit enhancement or grant under K.S.A. 75-5063 through 75-5069 shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5069 Transportation revolving fund; failure of governmental unit to repay; loans construed as bonds.

75-5069.
Transportation revolving fund; failure of governmental unit to repay; loans construed as bonds.
(a) Upon the failure of a governmental unit to meet the repayment terms and conditions of an agreement, the secretary may order the state treasurer to pay to the fund such portion of the governmental unit's share of the special city and county highway fund as may be necessary to meet the terms of the agreement.
(b) Any loans received by a governmental unit under the provisions of K.S.A. 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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5070 Noise studies; when; funding of abatement measures; rules and regulations.

75-5070.
Noise studies; when; funding of abatement measures; rules and regulations.
(a) On and after the effective date of this act, the secretary of the department of transportation shall conduct and analyze noise studies when the secretary participates in highway reconstruction projects which add through traffic lanes.
(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.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5071 Governors of Kansas hometown heritage act.

75-5071.
Governors of Kansas hometown heritage act.
The provisions of K.S.A. 75-5071 and 75-5072, and amendments thereto, shall be known as and may be cited as the governors of Kansas hometown heritage act.
History:
L. 2004, ch. 86, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5073 Definitions.

75-5073.
Definitions.
As used in this act:
(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. 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; April 8.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5074 Lease of equipment and access to equipment, when; prices.

75-5074.
Lease of equipment and access to equipment, when; prices.
(a) The secretary may:
(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; April 8.