reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 22 - Highway Beautification › 68-2238 Compensation for removal of signs.

68-2238.
Compensation for removal of signs.
(a) From and after March 31, 1972, just compensation shall be paid upon the removal of any of the following signs which are not then in conformity with the provisions of this act:
(1) Signs lawfully in existence prior to March 31, 1972; and
(2) Signs lawfully existing or lawfully erected on or after March 31, 1972.
(b) Just compensation shall be paid for the taking: (1) From the owner of such sign, all right, title and interest in and to such sign, and his leasehold related thereto; and (2) from the owner of the real property on which such sign is located immediately prior to its removal, the right to erect and maintain signs thereon, other than those signs described in subsections (a), (b) and (c) of K.S.A. 68-2233; and full compensation therefor shall be included in the amounts paid to the respective owners.
History: L. 1972, ch. 251, § 8; March 31.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 22 - Highway Beautification › 68-2239 Same; condemnation proceedings; claim and action for compensation.

68-2239.
Same; condemnation proceedings; claim and action for compensation.
The secretary of transportation may purchase or otherwise contract for or institute condemnation proceedings pursuant to K.S.A. 26-501 et seq. for the purpose of the removal of the signs described in K.S.A. 68-2238. If the secretary does not institute such condemnation proceedings prior to the removal of such signs, and such signs are removed by the owner upon the written request of the secretary, the person or persons entitled to compensation may file a claim for compensation within one hundred eighty (180) days after removal is completed. Such compensation shall be paid upon presentation to the secretary of such information as the secretary may reasonably require. If the secretary of transportation and a claimant do not reach agreement on the amount of compensation payable to such claimant in respect to any removal within one hundred twenty (120) days after the filing of such claim, the claimant may institute a civil action in district court to have such compensation determined.
Such action may be commenced in the county where the sign and land are located, in the claimant's county of residence or in Shawnee county, but it must be commenced not later than one (1) year after the filing with the secretary of such claim for compensation.
History: L. 1972, ch. 251, § 9; L. 1975, ch. 427, § 223; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 22 - Highway Beautification › 68-2241 Acceptance of federal funds.

68-2241.
Acceptance of federal funds.
The secretary of transportation may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the purposes of section 131 of title 23 of the United States code, and any amendments thereto. The secretary shall take such steps as may be necessary from time to time to obtain from the United States, or the appropriate agency thereof, funds allotted and appropriated pursuant to said section 131 for the purpose of paying the federal government's seventy-five percent (75%) share of the just compensation to be paid to sign owners and owners of real property under the terms of subsection (g) of said section 131 and K.S.A. 68-2238 and K.S.A. 68-2239.
The secretary is authorized to use any funds appropriated to or received by the secretary for matching federal funds or for other lawful purposes of this act.
History: L. 1972, ch. 251, § 11; L. 1975, ch. 427, § 225; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 22 - Highway Beautification › 68-2242 Removal of signs subject to availability of federal funds.

68-2242.
Removal of signs subject to availability of federal funds.
Notwithstanding any other provision of this act, no sign shall be removed or subject to removal if the federal share of the just compensation to be paid upon removal of such sign is not available to make such payment.
History: L. 1972, ch. 251, § 12; March 31.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 22 - Highway Beautification › 68-2243 Citation of act.

68-2243. Citation of act.
The provisions of K.S.A. 68-2231 through 68-2244, and amendments thereto, and K.S.A. 68-2245, and amendments thereto, shall be known and may be cited as the highway advertising control act.
History:
L. 1972, ch. 251, § 13; L. 2006, ch. 141, § 7; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 22 - Highway Beautification › 68-2244 Removal of nonconforming signs; local zoning authority; compensation for removal.

68-2244.
Removal of nonconforming signs; local zoning authority; compensation for removal.
From and after July 1, 1981, any outdoor advertising signs lawfully erected prior to November 6, 1978, which do not conform to the standards adopted by local zoning authorities as authorized by K.S.A. 68-2234, as amended, may be subject to removal, upon request of the local zoning authority, by the secretary of transportation in the manner provided by the highway advertising control act of 1972. In the event that action by a local zoning authority forces the removal of any such signs for which any person or persons are entitled to just compensation under subsection (g) of section 131 of title 23 of the United States Code and not subject to compensation under K.S.A. 68-2238, the local zoning authority shall be responsible for payment of the non-federal share of such just compensation and for payment of incidental administrative expenses incurred by the secretary of transportation for the removal of such signs.
History:
L. 1981, ch. 266, § 2; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 22 - Highway Beautification › 68-2245 Rules and regulations.

68-2245.
Rules and regulations.
The secretary of transportation is hereby authorized to adopt such rules, regulations or internal policies the secretary deems necessary for the purpose of carrying out the provisions of this act including the adoption of rules and regulations or internal policies regulating the use of new technology in outdoor advertising as allowed under federal regulations for federal-aid primary highways as of June 1, 1991, and all highways designated as part of the national highway system by the national highway system designation act of 1995 and those highways subsequently designated.
History:
L. 2006, ch. 141, § 8; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2302 Same; definitions.

68-2302.
Same; definitions.
As used in this act, the following words and terms shall have the meanings respectively ascribed to them herein:
(a) "Commission" shall mean the secretary of transportation.
(b) "Highway projects" shall mean the express highways and freeways which are within the system of modern express highways and freeways established and constructed pursuant to K.S.A. 68-2301, and any amendments thereto.
(c) "Bonds" or "highway bonds" shall mean the highway bonds authorized under the provisions of this act.
(d) "State freeway fund" shall mean the state freeway fund created in K.S.A. 79-3425, and any amendments thereto.
History: L. 1972, ch. 252, § 1; L. 1975, ch. 426, § 64; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2303 Same; powers of secretary of transportation.

68-2303.
Same; powers of secretary of transportation.
The secretary of transportation is hereby authorized and empowered to: (a) Issue highway bonds of the state of Kansas, payable solely from revenues accruing to the state freeway fund and pledged to their payment, for the purpose of providing funds for the construction, reconstruction and improvement of the highway projects in the state, to refund such bonds, and to pay all expenses incidental to the authorization and issuance of said bonds, including without limitation the acquisition of right-of-way, employment of financial advisors, engineers, attorneys and such other professional services as the secretary deems necessary to carry out the provisions of this act, all as provided in this act;
(b) Make and enter into all contracts and agreements necessary or incidental to the performance of the secretary's duties and the execution of the secretary's powers under this act, including without limitation all contracts and agreements necessary to cooperate with the federal highway administration of the United States department of transportation, or with other federal agencies, and to do and perform all other acts required to obtain benefits under the terms and provisions of title 23 of the United States code or any other federal legislation amendatory thereof or supplementary thereto; and
(c) Do all acts and things necessary or convenient to carry out the powers expressly granted in this act.
History: L. 1972, ch. 252, § 2; L. 1975, ch. 427, § 227; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2305 Same; no debt incurred nor faith and credit of state or political subdivisions pledged by issuance of bonds.

68-2305.
Same; no debt incurred nor faith and credit of state or political subdivisions pledged by issuance of bonds.
Bonds issued under the provisions of this act shall not be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision thereof, but all such bonds shall be payable solely from revenues accruing to the state freeway fund and pledged for their payment. All such bonds shall contain on the face thereof a statement to the effect that neither the state nor the commission shall be obligated to pay the same or the interest thereon except from moneys accruing to the state freeway fund pledged to the payment of such bonds, and that the faith and credit of the state are not pledged to the payment of the principal of or the interest on such bonds.
History:
L. 1972, ch. 252, § 4; February 22.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2306 Same; annual expenditures from freeway fund and freeway construction fund; purposes; computation of amounts; payments constitute lien and claim on freeway fund.

68-2306.
Same; annual expenditures from freeway fund and freeway construction fund; purposes; computation of amounts; payments constitute lien and claim on freeway fund.
The secretary of transportation is hereby authorized and empowered, in the manner provided by law, to withdraw in each year from the state freeway fund and the state freeway construction fund, upon duly executed order or voucher of said secretary to the state director of accounts and reports, such amount or amounts as shall be required in such year for paying the interest on all highway bonds or highway refunding bonds issued by the secretary under this act; for retiring such bonds by their maturity or maturities; for creating reserves for such purposes; for paying the premium, if any, on a specified aggregate principal amount of such bonds which would be payable in such year if such principal amount of bonds were to be redeemed prior to their maturity or maturities; for doing any of the acts authorized by K.S.A. 68-2311; and for paying any administrative or other expenses incurred in carrying out the powers granted by this act.
The method of computing the amount or amounts which will be required in each such year to provide for paying the interest on and retiring such bonds by their maturity or maturities, creating reserves for such purposes and paying any administrative or other expenses shall be determined as provided in the resolution of the secretary authorizing the issuance of the bonds.
The payments provided to be made in any year pursuant to the provisions of this section from the state freeway fund shall be a first lien and claim on the state freeway fund.
History: L. 1972, ch. 252, § 5; L. 1975, ch. 427, § 229; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2307 Same; revenue refunding bonds; purpose; conditions of issuance, investment of proceeds, when, conditions.

68-2307.
Same; revenue refunding bonds; purpose; conditions of issuance, investment of proceeds, when, conditions.
The secretary of transportation is hereby authorized to provide by resolution for the issuance of revenue refunding bonds of the secretary of transportation for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this act, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the secretary, for the additional purpose of providing funds for the construction, reconstruction and improvement of highway projects in the state. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the secretary in respect of the same, shall be governed by the provisions of this act insofar as the same may be made applicable. Pending the application of the proceeds of such highway refunding bonds, with any other available funds, to the payment of the principal, accrued interest and premium of the bonds being refunded and, if so provided or permitted in the resolution authorizing the issuance of such highway refunding bonds, to the payment of any interest on such refunding bonds, the secretary may invest such proceeds in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America which shall mature, or which shall be subject to redemption by the holder thereof at the option of such holder, not later than the respective dates when the proceeds, together with the interest accruing thereon, will be required for the purposes intended.
History: L. 1972, ch. 252, § 6; L. 1975, ch. 427, § 230; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2308 Same; rights of bondholders.

68-2308.
Same; rights of bondholders.
The resolution authorizing the issuance of highway bonds under the provisions of this act may provide that a specified number of holders of such bonds, or any of the coupons appertaining thereto, either at law or in equity, by suit, action, mandamus or other proceedings, may protect and enforce any and all rights under the laws of the state or granted hereunder or under the resolution or resolutions authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this act or by such resolution to be performed by the secretary of transportation or by any officer thereof or of the state, including the application of moneys in the state freeway fund to the payment of the principal, interest and redemption premiums on bonds issued under this act.
History: L. 1972, ch. 252, § 7; L. 1975, ch. 427, § 231; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2309 Same; interest and income from bonds exempt from taxation, exception.

68-2309.
Same; interest and income from bonds exempt from taxation, exception.
The exercise of the powers granted by this act will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity and for the improvement of their health and living conditions; and as the construction, improvement and reconstruction of highway projects in the state will constitute the performance of essential governmental functions, all bonds issued pursuant to the provisions of this act, and all income or interest therefrom, at all times shall be exempt from all state taxes.
History:
L. 1972, ch. 252, § 8; L. 2010, ch. 44, § 29; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2310 Same; bonds deemed securities; acquisition and deposit.

68-2310.
Same; bonds deemed securities; acquisition and deposit.
Bonds issued by the secretary of transportation under the provisions of this act are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, savings and loan associations, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may hereafter be authorized by law.
History: L. 1972, ch. 252, § 9; L. 1975, ch. 427, § 232; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2312 Same; relationship of act to and applicability of other laws; extent of secretary of transportation's powers.

68-2312.
Same; relationship of act to and applicability of other laws; extent of secretary of transportation's powers.
The foregoing sections of this act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws: Provided, however, That the issuance of highway bonds or highway refunding bonds under the provisions of this act need not comply with the requirements of any other law applicable to the issuance of bonds, notes or other obligations.
Except as otherwise expressly provided in this act, none of the powers granted to the secretary of transportation under the provisions of this act shall be subject to the supervision or regulation or require the approval or consent of any municipality or political subdivision or any commission, board, bureau, official or agency thereof or of the state.
History: L. 1972, ch. 252, § 11; L. 1975, ch. 427, § 234; August 15.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2316 Minimum expenditure for transportation projects or programs in each county.

68-2316. Minimum expenditure for transportation projects or programs in each county.
(a) For the period beginning July 1, 2010, through June 30, 2020, the secretary of transportation shall expend or commit to expend, from the revenue provided under the provisions of the transportation works for Kansas program, at least $8,000,000 for projects or programs authorized under K.S.A. 68-2314b, and amendments thereto, in each county of the state.
(b) For the period beginning July 1, 2020, through June 30, 2030, the secretary shall expend or commit to expend, from the revenue provided under the provisions of the Eisenhower legacy transportation program, at least $8,000,000 for projects or programs authorized under K.S.A. 2023 Supp. 68-2314c, and amendments thereto, in each county of the state.
History:
L. 1989, ch. 209, § 3; L. 1999, ch. 137, § 15; L. 2010, ch. 156, § 24; L. 2020, ch. 8, § 9; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2317 Highway contracts; providing for prevailing wages.

68-2317.
Highway contracts; providing for prevailing wages.
(a) Contracts entered into by the secretary of transportation for nonfederal aid state-funded projects shall be based on bid specifications prescribing that employees of any contractor or subcontractor shall be paid in accordance with prevailing wages determined in accordance with wage areas, job classifications and wage rates determined under the federal Davis-Bacon act.
(b) Employees employed by contractors or subcontractors in the execution of nonfederal aid state-funded highway project contracts with the state of Kansas entered into by the secretary of transportation shall be paid at least the prevailing wage as determined in subsection (a).
(c) The secretary of transportation shall administer the provisions of this section.
History:
L. 1989, ch. 209, § 4; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2319 Highway program; bonds; definitions.

68-2319.
Highway program; bonds; definitions.
The following words or terms used in this act shall have the following meanings unless a different meaning clearly appears from the context:
(a) "Bonds" means any bonds, notes or other evidences of indebtedness, including book-entry-only, whether or not the interest on such bonds is subject to federal income taxation, issued pursuant to the authority of this act.
(b) "Secretary" means the secretary of transportation.
(c) "Book-entry-only" means a system of electronic clearance, settlement and transfer of security ownership without the use of securities certificates.
History:
L. 1989, ch. 209, § 6; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2322 Sale of bonds; no debt incurred nor faith and credit of state pledged by issuance of bonds.

68-2322.
Sale of bonds; no debt incurred nor faith and credit of state pledged by issuance of bonds.
(a) All bonds authorized to be issued by the secretary under this act may be sold upon such terms as the secretary shall determine to be reasonable and expedient for effectuating the purposes of this act. The bonds may be sold at such price as the secretary may accept, including sale at discount.
(b) The bonds, except when issued as book-entry-only, shall be executed by manual or facsimile signature of the secretary. In case any officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of such bonds or coupons, their signatures, nevertheless, shall be valid and sufficient for all purposes. The secretary shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be impressed or imprinted with the seal of the secretary.
(c) Bonds issued under the provisions of this act shall not be deemed to constitute an indebtedness of the state of Kansas or indebtedness for which the faith and credit or taxing powers of the state of Kansas are pledged. It shall be plainly stated on the face of each bond, except when issued as book-entry-only, that it has been issued under this act, that the bonds shall be obligations only of the state highway fund, and that, in no event, shall the bonds constitute an indebtedness of the state of Kansas or an indebtedness for which the faith and credit or taxing powers of the state of Kansas are pledged.
History:
L. 1989, ch. 209, § 9; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2323 Use of proceeds from bonds.

68-2323.
Use of proceeds from bonds.
The secretary is hereby authorized and empowered to use the proceeds of any bonds herein authorized, together with any other available funds, for paying the costs relating to construction, reconstruction, maintenance and improvement of highways in this state and expenses incidental thereto and for paying expenses of authorizing and issuing the bonds, for paying the interest on the bonds until revenues therefor are available in sufficient amounts, for purchasing bond insurance and other credit enhancements on the bonds, and for funding such reserves as the secretary deems necessary and desirable.
History:
L. 1989, ch. 209, § 10; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2324 Secretary of transportation to have management of state highway fund and investment of such fund.

68-2324.
Secretary of transportation to have management of state highway fund and investment of such fund.
Subject to appropriations acts, the secretary shall have responsibility for the management of the state highway fund and shall provide, by resolution, for amounts and duration of investments and reinvestments of moneys in such fund. The resolution may recommend investment and reporting policies, including acceptable levels of return, risk and security. After consultation with the secretary, the director of investments shall have the authority to invest and reinvest moneys in such fund and to acquire, retain, manage, including the exercise of any voting rights, and dispose of investments of such fund. In investing or reinvesting moneys in such fund, there shall be exercised the judgment and care under the circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital, except that moneys in such fund may not be invested in common stock.
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 state highway fund.
History:
L. 1989, ch. 209, § 11; L. 1996, ch. 254, § 13; May 23.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2325 Highway bond debt service fund, created; investment of moneys; payment of debt service on bonds.

68-2325.
Highway bond debt service fund, created; investment of moneys; payment of debt service on bonds.
There is hereby established in the state treasury the highway bond debt service fund. Moneys in the highway bond debt service fund may be invested in the same manner as prescribed in subsection (b) of K.S.A. 68-2321. The secretary is hereby authorized and empowered, in the manner prescribed by law, to transfer from the state highway fund to the highway bond debt service fund, upon duly executed order or voucher of the secretary to the state director of accounts and reports, such amounts as shall be required for paying the interest on all bonds and refunding bonds issued by the secretary under this act; for retiring such bonds by their maturity or maturities; for creating reserves for such purposes; for paying the premium, if any, on a specified aggregate principal amount of such bonds or refunding bonds which would be payable in such year if such principal amount of bonds or refunding bonds were to be redeemed prior to their maturity or maturities; for doing any of the acts authorized in K.S.A. 68-2323; and for paying any administrative or other expenses incurred in carrying out the powers granted by this act.
The transfers to be made in any year pursuant to the provisions of this section from the state highway fund shall be a first lien and claim on the state highway fund.
When the principal, redemption premium, if any, and interest on any and all bonds issued pursuant to this act have either been paid or the lien of such bonds shall have been defeased in accordance with their terms so that such bonds are deemed to have been paid, then any and all moneys held in the highway bond debt service fund may be transferred by the secretary to the state highway fund.
The secretary is hereby authorized and empowered, in the manner prescribed by law, to expend from the highway bond debt service fund, upon duly executed order or voucher of the secretary to the state director of accounts and reports, such amounts as shall be required for the payment of debt service on bonds issued pursuant to this act.
History:
L. 1989, ch. 209, § 12; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2326 Bonds tax exempt.

68-2326.
Bonds tax exempt.
The exercise of the powers granted by this act will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity and for the improvement of their health and living conditions; and as construction, improvement, replacement and maintenance of highway projects in the state will constitute the performance of essential governmental functions, all bonds and other debt instruments issued pursuant to the provisions of this act, and all income or interest therefrom, at all times shall be exempt from all taxes within the state.
History:
L. 1989, ch. 209, § 13; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2327 Authority to establish special accounts by secretary of transportation.

68-2327.
Authority to establish special accounts by secretary of transportation.
Subject to the provisions of subsection (b) of K.S.A. 68-2321, the secretary may create and establish one or more special accounts as appropriate to secure bonds issued hereunder, as determined by the secretary.
History:
L. 1989, ch. 209, § 14; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2328 Authority to issue refunding bonds; refunding freeway bonds.

68-2328. Authority to issue refunding bonds; refunding freeway bonds.
(a) Bonds may be issued for the purpose of refunding, either at maturity or in advance of maturity, any bonds issued under this act, any interest on such bonds or both bonds and the interest thereof. Such refunding bonds may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may either be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded, as shall be specified by the secretary and the authorizing resolution or trust indenture securing such refunding bonds. The authorizing resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded. Refunding bonds shall be sold and secured in accordance with the provisions of this act pertaining to the sale and security of the bonds. Any bonds that have been issued pursuant to this section shall not be counted toward the limit on the aggregate principal amount of bonds established under K.S.A. 68-2320(a) and (b), and amendments thereto, and such bonds shall not be subject to the limitations on the issuance of bonds established under K.S.A. 68-2320(c), and amendments thereto.
(b) When all bonds issued under article 23 of chapter 68 of the Kansas Statutes Annotated, and amendments thereto, have either been paid or the lien of such bonds shall have been defeased in accordance with their terms so that the bonds are deemed to have been paid, the secretary of transportation shall certify such facts to the director of accounts and reports and upon receipt of such certification the director of accounts and reports shall transfer all moneys in the state freeway fund to the state highway fund and upon such transfer all liabilities of the state freeway fund are hereby transferred to and imposed upon the state highway fund and the state freeway fund is hereby abolished. Upon the abolition of the state freeway fund, any reference to the state freeway fund or any designation thereof, in any statute, contract or other document shall mean the state highway fund.
History:
L. 1989, ch. 209, § 15; L. 2010, ch. 156, § 27; L. 2021, ch. 66, § 3; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2329 Liberal construction of K.S.A. 68-2319 through 68-2328.

68-2329.
Liberal construction of K.S.A. 68-2319 through 68-2328.
K.S.A. 68-2319 through 68-2328 shall be liberally construed. Nothing contained herein shall be construed as a restriction or limitation upon any powers which the secretary might otherwise have under any other law of this state, and the provisions of the foregoing are cumulative to such powers. The foregoing provisions shall be construed to provide a complete, additional and alternative method for the doing of the things authorized and shall be regarded as supplemental and additional to powers conferred by any other laws. The issuance of bonds under the provisions hereof and the investment of proceeds therefrom need not comply with the requirements of any other state laws applicable to the issuance of bonds, notes and other obligations.
History:
L. 1989, ch. 209, § 16; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 23 - Express Highways And Freeways › 68-2330 Bonds deemed securities; acquisition and deposit.

68-2330.
Bonds deemed securities; acquisition and deposit.
The bonds issued by the secretary of transportation under the provisions of this act are hereby made securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, savings and loan associations, executors, administrators, trustees and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or other obligations of the state is now or may be hereafter authorized by law.
History:
L. 1989, ch. 209, § 17; July 1.
2023 Kansas Statutes › Chapter 69 - Sabbath › Article 1 - General Provisions › 69-101 Person keeping Saturday as Sabbath; when exempt from military duty or jury service.

69-101.
Person keeping Saturday as Sabbath; when exempt from military duty or jury service.
No person whose religious faith and practice is to keep the seventh day of the week, commonly called Saturday, as a day set apart by divine command as the Sabbath of rest from labor and dedicated to the worship of God, shall be subject to perform military duty or to serve as a juryman in a justice's court on that day, except that such person shall be subject to perform military duty at any time in case of insurrection, invasion, or time of war.
History:
L. 1864, ch. 98, § 1; July 1; G.S. 1868, ch. 90, § 1; R.S. 1923, 69-101.
2023 Kansas Statutes › Chapter 69 - Sabbath › Article 1 - General Provisions › 69-104 State museums or other exhibits open on Sunday; hours.

69-104.
State museums or other exhibits open on Sunday; hours.
All buildings or parts of buildings belonging to the state of Kansas and containing museums or other exhibits for public inspection on days other than Sunday, shall be opened for such inspection by the public on the first day of the week commonly called Sunday, during the afternoon between the hours of 1:30 and 5.
History: L. 1911, ch. 306, § 1; April 1; R.S. 1923, 69-104.
2023 Kansas Statutes › Chapter 69 - Sabbath › Article 1 - General Provisions › 69-105 Same; supervision.

69-105.
Same; supervision.
It shall be the duty of the authorities in control of each of such museums or other exhibits to provide proper supervision of such museum or other exhibit and of such buildings or parts of building while open for inspection as provided in this act.
History: L. 1911, ch. 306, § 2; April 1; R.S. 1923, 69-105.
2023 Kansas Statutes › Chapter 70 - Salvage › Article 1 - General Provisions › 70-101 Taking up boat, raft or timber.

70-101.
Taking up boat, raft or timber.
When any boat, raft, lumber, staves, shingles, logs, rails, posts, cordwood or other valuable timber shall be lost or wrecked upon any river or creek any person may take up and secure the same.
History:
L. 1869, ch. 85, § 1; February 25; R.S. 1923, 70-101.
2023 Kansas Statutes › Chapter 70 - Salvage › Article 1 - General Provisions › 70-102 Return to owner on proof of right; premium cost.

70-102.
Return to owner on proof of right; premium cost.
When any person shall claim such property and shall prove his right to the same before any judge of a court of competent jurisdiction in the county where said property was taken up, the same shall be restored to such owner upon the payment to salvor of a premium for salvage equal to ten percent (10%) of the valuation of such property, to be determined by such judge, if not agreed upon by such owner and salvor, and the legal costs of proceedings.
History:
L. 1869, ch. 85, § 2; L. 1873, ch. 127, § 1; R.S. 1923, 70-102; L. 1973, ch. 134, § 54; July 1, 1974.
2023 Kansas Statutes › Chapter 70 - Salvage › Article 1 - General Provisions › 70-103 Oath of salvor; sale of property, when; notice; disposition of proceeds.

70-103.
Oath of salvor; sale of property, when; notice; disposition of proceeds.
Within two (2) days after the taking up and securing of any such wrecked property, the salvor shall make oath before a judge of a court of competent jurisdiction of the county in which such property is taken up or secured, that the property was lost or wrecked, and in a perishable condition, and that he or she was not directly or indirectly instrumental in causing the property to be so wrecked or lost, and also the quantity, quality and estimated value of such property, and the time and place of taking up, and that he or she has not disposed of or secreted any part of the same.
If such property be not claimed and proved by the owner within ten (10) days after the filing of such affidavit, such judge, on the application of such salvor, shall issue a warrant directed to the sheriff of such county directing the sheriff to sell the same at vendue, first giving ten (10) days' notice by three (3) advertisements, put up in public places within the county, of the time and place of sale; and if such property be not claimed and proved by the owner, and the salvage and costs paid, then such property shall be sold, and the proceeds shall be returned to such judge, who shall pay to the proper parties the salvage and the costs of proceedings, and the remainder, if any, shall be paid to the state treasurer as provided in K.S.A. 20-2801, and any amendments thereto, unless the owner shall make proof of his or her right to the same within three (3) months. If the name or initial of the owner of any log, tow, or other property, be plainly marked or branded thereon, then the salvor shall in addition to the foregoing proceedings also give notice to the owner, if known from such mark or brand.
History:
L. 1869, ch. 85, § 8; L. 1873, ch. 127, § 2; R.S. 1923, 70-103; L. 1974, ch. 446, § 22; L. 1978, ch. 105, § 28; January 1, 1979.
2023 Kansas Statutes › Chapter 70 - Salvage › Article 1 - General Provisions › 70-104 Penalty for violations.

70-104.
Penalty for violations.
If any person shall retain, sell or dispose of any such property wrecked, lost or adrift, without complying with each and all of the requirements of this act, such person shall be deemed guilty of the larceny of such property, and on conviction thereof shall be punished as for the unlawful taking, stealing and carrying away of such property.
History: L. 1869, ch. 85, § 9; L. 1873, ch. 127, § 3; April 4; R.S. 1923, 70-104.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-101 Taking materials from rivers and islands belonging to state.

70a-101.
Taking materials from rivers and islands belonging to state.
From and after the taking effect of this act it shall be unlawful for any person, partnership or corporation to take from within or beneath the bed of any navigable river or any other river which is the property of the state of Kansas any sand, oil, gas, gravel or mineral, or any natural product whatsoever from any lands lying in the bed of any such river or any hay, timber or other products belonging to the state, except in accordance with this act.
History: L. 1913, ch. 259, § 1; April 30; R.S. 1923, 71-101.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-102 Taking materials from rivers owned by state; consent of director of taxation; terms and compensation; contracts.

70a-102.
Taking materials from rivers owned by state; consent of director of taxation; terms and compensation; contracts.
(a) Whenever any person desires to take any sand, gravel, oil, gas, mineral, hay, timber or other materials from any river owned by the state or from any land in such river, the person shall obtain the consent of the director of taxation upon such terms of payment to the state of Kansas and under such terms and conditions as the director of taxation determines to be just and proper. Compensation for such products shall be paid to the state of Kansas at such times and under such terms as the director of taxation directs. With respect to river sand, the compensation shall be computed at the rate of $.15 per ton removed. The secretary of revenue shall determine, by rule and regulation, the amount of compensation to be paid for other materials removed from rivers owned by the state or from land in such rivers.
(b) No contract shall be entered into giving any person, company or corporation any exclusive privilege of making purchases under this act.
(c) Nothing herein shall prevent the taking without payment of any sand or gravel to be used exclusively for a person's own domestic use.
History: L. 1913, ch. 259, § 2; R.S. 1923, 71-102; L. 1961, ch. 311, § 1; L. 1990, ch. 250, § 1; L. 1992, ch. 109, § 1; L. 1996, ch. 47, § 1; July 1.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-102a Interest and penalties imposed for nonpayment of compensation required for the taking of materials from stateowned rivers.

70a-102a.
Interest and penalties imposed for nonpayment of compensation required for the taking of materials from stateowned rivers.
(a) If any compensation required by K.S.A. 70a-102, and amendments thereto, is determined by the director to be unpaid: (1) Not due to negligence or to intentional disregard of this act or rules and regulations promulgated by the secretary, interest on such compensation shall be added at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the compensation was due until paid; (2) due to negligence or to intentional disregard of this act or rules and regulations promulgated by the secretary, but without intent to defraud, a penalty of 10% of the amount of such compensation shall be added, together with interest at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the compensation was due until paid; (3) due to fraud with intent to evade the compensation, there shall be added thereto a penalty of 50% of the amount of such compensation, together with interest at the rate per month prescribed by subsection (a) of K.S.A. 79-2968, and amendments thereto, from the date the compensation was due until paid.
(b) If any person fails or refuses to make any return, when required to do so under the provisions of K.S.A. 70a-101 et seq., and amendments thereto, such person shall be subject to a penalty of $25 per day for each return which such person fails or refuses to file.
(c) Whenever, in the judgment of the director, the failure of any person to comply with the provisions of subsection (a)(2) and (b) of this section, was due to reasonable cause, the director may, in the exercise of discretion, waive or reduce any of the penalties upon making a record of the reason therefor.
(d) In addition to all other penalties provided by this section, any person who: (1) Fails to make a return, or to pay any compensation required to be paid as required by K.S.A. 70a-101 et seq., and amendments thereto; or (2) makes a false or fraudulent return, or fails to keep any books or records prescribed by K.S.A. 70a-101 et seq., and amendments thereto; or (3) willfully violates any rules and regulations promulgated by the secretary for the enforcement and administration of K.S.A. 70a-101 et seq., and amendments thereto; or (4) aids and abets another in attempting to evade the payment of any compensation required to be paid, shall be subject to the penalty prescribed for other violations by K.S.A. 70a-108, and amendments thereto.
(e) The director of taxation shall examine all returns filed under the provision of K.S.A. 70a-101 et seq., and amendments thereto, and shall issue notices and final determinations of liability hereunder in the manner prescribed by K.S.A. 79-3226, and amendments thereto, relating to income taxes.
History:
L. 2002, ch. 186, § 11; July 1.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-103 Taking materials from rivers and islands; rules and conditions; publication; former rules in effect until changed.

70a-103.
Taking materials from rivers and islands; rules and conditions; publication; former rules in effect until changed.
The secretary of revenue is hereby authorized to make and publish in the Kansas register all needful rules, terms and conditions for the taking, purchasing or selling of the articles and products mentioned in this act, and to change the same as the rights of the state and the interests of the public may require. All valid rules and regulations of the director of purchases in force and effect when this act takes effect promulgated under the authority of article 1 of chapter 71 of the Kansas Statutes Annotated shall constitute and be rules and regulations of the secretary of revenue until revoked, superseded or amended by rules and regulations adopted by the secretary of revenue under the authority of this section and K.S.A. 71-102.
History:
L. 1913, ch. 259, § 3; R.S. 1923, 71-103; L. 1961, ch. 311, § 2; L. 1981, ch. 324, § 22; January 1, 1982.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-104 Same; actions to protect state property.

70a-104.
Same; actions to protect state property.
It shall be the duty of the attorney general, or any county attorney on direction of the governor, to bring any suit necessary or proper to protect the property rights of the state under this act; and any district court of competent jurisdiction may enjoin any violation of this act, and may award to the state adequate civil damages for any breach thereof.
History: L. 1913, ch. 259, § 4; April 30; R.S. 1923, 71-104.
2023 Kansas Statutes › Chapter 70a - Sand And Gravel › Article 1 - Sand And Gravel › 70a-105 Taking materials from rivers and islands; disposition of proceeds from sales; expenses.

70a-105.
Taking materials from rivers and islands; disposition of proceeds from sales; expenses.
(a) The proceeds derived from the sale of any state property under the provisions of article 1 of chapter 70a of Kansas Statutes Annotated shall be paid to the state treasurer by the director of taxation. The state treasurer shall deposit the entire amount in the state treasury and credit it to the sand royalty fund which is hereby created. At the end of each fiscal year, the amounts payable to the drainage districts and counties from the proceeds derived from sand taken from the bed of any navigable stream shall be paid from the sand royalty fund to drainage districts and counties as provided by K.S.A. 82a-309 and amendments thereto.
(b) All necessary and reasonable expenses incurred by the director of taxation in carrying out the provisions of this act shall be paid from the sand royalty fund. On or before the 15th day of each month, the director of accounts and reports shall transfer moneys in the sand royalty fund to the state water plan fund created by K.S.A. 82a-951 and amendments thereto in an amount certified monthly by the director of taxation as equal to the moneys in the sand royalty fund at the end of the preceding month in excess of those needed for: (1) Payment of such expenses incurred by the director of taxation; and (2) annual payments to drainage districts and counties as provided by K.S.A. 82a-309 and amendments thereto.
History:
R.S. 1923, 71-105; L. 1961, ch. 311, § 3; L. 1974, ch. 295, § 10; L. 1976, ch. 311, § 5; L. 1995, ch. 238, § 1; L. 1996, ch. 144, § 1; July 1.