reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1804 Notice of intent of excavation; requirements.

66-1804. Notice of intent of excavation; requirements.
(a) Except in the case of an emergency, an excavator shall serve notice of intent of excavation at least two full working days but not more than 20 calendar days before the scheduled excavation start date, on each operator having underground tier 1 facilities located in the proposed area of excavation.
(b) An excavator may serve notice of intent of excavation at least two full working days but not more than 20 calendar days before the scheduled excavation start date, on each operator of tier 2 facilities located in the proposed area of excavation.
(c) The notice of intent to excavate or any subsequent updates shall be valid for 20 calendar days after the excavation start date and such notice shall only describe an area in which the proposed excavation reasonably can be completed within the 20 calendar days.
(d) Notwithstanding the provisions of subsections (a) through (c), the state corporation commission may adjust the extent of time that a notice of intent to excavate is valid in accordance with rules and regulation adopted by the commission pursuant to K.S.A. 66-1815, and amendments thereto.
(e) No person shall make repeated requests for remarking unless the request is due to circumstances not reasonably within the control of such person.
(f) The notice of intent of excavation shall contain the name, address and telephone number of the person filing the notice of intent, the name of the excavator, the date the excavation activity is to commence and the type of excavation being planned. The notice shall also contain the specific location of the excavation.
(g) The person filing the notice of intent to excavate shall, at the request of the operator, whiteline the proposed excavation site.
(h) The provisions of this section shall not apply to a preengineered project or a permitted project, except that the excavators shall be required to give notification in accordance with this section prior to starting such project.
History:
L. 1993, ch. 217, § 4; L. 2002, ch. 41, § 2; L. 2008, ch. 122, § 6; L. 2023, ch. 12, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1807 Emergency excavations.

66-1807.
Emergency excavations.
(a) In the case of an emergency which involves danger to life, health or property or which requires immediate correction in order to continue the operation of an industrial plant or to assure the continuity of public utility service, excavation, maintenance or repairs may be made without using explosives, if notice and advice thereof, whether in writing or otherwise are given to the operator or notification center as soon as reasonably possible.
(b) If an operator receives a request to locate its facilities for an emergency condition, such operator shall make a reasonable effort to identify the location of its facility within two hours of receiving notification or before excavation is scheduled to begin, whichever is later.
(c) Any person providing a misrepresentation of an emergency excavation may be subject to the penalties set out in K.S.A. 66-1812, and amendments thereto.
History:
L. 1993, ch. 217, § 7; L. 2002, ch. 41, § 5; January 1, 2003.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1808 Application of other laws.

66-1808.
Application of other laws.
This act shall not be construed to authorize, affect or impair local ordinances, resolutions or other provisions of law concerning excavating or tunneling in a public street or highway or private or public easement.
History:
L. 1993, ch. 217, § 8; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1809 Excavator's duty to exercise reasonable care; trenchless excavation; rules and regulations.

66-1809.
Excavator's duty to exercise reasonable care; trenchless excavation; rules and regulations.
(a) Upon receiving information as provided in K.S.A. 66-1806, and amendments thereto, an excavator shall exercise such reasonable care as may be necessary for the protection of any underground facility in and near the construction area when working in close proximity to any such underground facility.
(b) An excavator using a trenchless excavation technique shall meet minimum operating guidelines as prescribed in rules and regulations developed and adopted by the state corporation commission in support of this act.
History:
L. 1993, ch. 217, § 9; L. 2002, ch. 41, § 6; January 1, 2003.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1810 Contact with or damage to facility; procedure; notification requirements.

66-1810. Contact with or damage to facility; procedure; notification requirements.
When any contact with or damage to any underground facility occurs, the excavator shall immediately notify the operator and the notification center. Upon receiving such notice, the operator immediately shall dispatch personnel to the location to provide necessary temporary or permanent repair of the damage. If the protective covering of an electrical line is penetrated or dangerous gases or fluids are escaping from a broken line, the excavator immediately shall inform emergency personnel of the municipality in which such electrical short or broken line is located and take any other action as may be reasonably necessary to protect persons and property and to minimize hazards until arrival of the operator's personnel, emergency medical responders or first responders.
History:
L. 1993, ch. 217, § 10; L. 1998, ch. 78, § 2; L. 2002, ch. 41, § 7; L. 2010, ch. 119, § 18; L. 2023, ch. 12, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1811 Effect of violation of act, liability for damages; application of other laws.

66-1811.
Effect of violation of act, liability for damages; application of other laws.
(a) In a civil action in a court of this state when it is shown by competent evidence that personal injury, death or other damages, including damage to any underground facilities, occurred as a result of a violation of this act, there shall be a rebuttable presumption of negligence on the part of the violator.
(b) In no event shall the excavator be responsible for any damage to underground facilities if such damage was caused by the failure of the operator to correctly and properly mark the location of the tolerance zone of the damaged facility.
(c) Nothing in this act is intended to limit or modify the provisions of:
(1) K.S.A. 60-258a, and amendments thereto; or
(2) the national electrical safety code, which would otherwise be applicable.
History:
L. 1993, ch. 217, § 11; L. 2002, ch. 41, § 8; January 1, 2003.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1812 Violation of act, civil penalties and injunctive relief.

66-1812.
Violation of act, civil penalties and injunctive relief.
Any person to whom this act applies, who violates any of the provisions contained in this act, shall be subject to civil penalties and injunctive relief as set out in K.S.A. 66-1,151, and amendments thereto, and any remedies established in rules and regulations promulgated by the state corporation commission in support of this act.
History:
L. 1993, ch. 217, § 12; L. 2002, ch. 41, § 9; January 1, 2003.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1814 Severability.

66-1814.
Severability.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.
History:
L. 1993, ch. 217, § 14; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1815 Kansas underground utility damage prevention act; rules and regulations.

66-1815.
Kansas underground utility damage prevention act; rules and regulations.
(a) The state corporation commission shall have full power and authority to adopt all necessary rules and regulations for carrying out the provisions of K.S.A. 66-1801 through 66-1814, and amendments thereto.
(b) This section shall be part of and supplemental to the Kansas underground utility damage prevention act.
History:
L. 2006, ch. 26, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1816 Underground potable water and sanitary sewage facilities; locatable.

66-1816.
Underground potable water and sanitary sewage facilities; locatable.
(a) All tier 2 facilities installed by an operator after July 1, 2008, shall be locatable.
(b) As used in this section, "tier 2 facility" means an underground facility used for transporting, gathering, storing, conveying, transmitting or distributing potable water or sanitary sewage.
History:
L. 2008, ch. 122, § 9; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 20 - Telecommunications › 66-2001 Telecommunications; declaration of public policy.

66-2001.
Telecommunications; declaration of public policy.
It is hereby declared to be the public policy of the state to:
(a) Ensure that every Kansan will have access to a first class telecommunications infrastructure that provides excellent services at an affordable price;
(b) ensure that consumers throughout the state realize the benefits of competition through increased services and improved telecommunications facilities and infrastructure at reduced rates;
(c) promote consumer access to a full range of telecommunications services, including advanced telecommunications services that are comparable in urban and rural areas throughout the state;
(d) advance the development of a statewide telecommunications infrastructure that is capable of supporting applications, such as public safety, telemedicine, services for persons with special needs, distance learning, public library services, access to internet providers and others; and
(e) protect consumers of telecommunications services from fraudulent business practices and practices that are inconsistent with the public interest, convenience and necessity.
History:
L. 1996, ch. 268, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 20 - Telecommunications › 66-2014 Effect of act on property taxes.

66-2014.
Effect of act on property taxes.
The definitions in this act shall not be used as a basis to determine whether a taxpayer is a public utility for purposes of K.S.A. 79-5a01, and amendments thereto.
History:
L. 1996, ch. 268, § 17; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 20 - Telecommunications › 66-2015 Preemption of act.

66-2015.
Preemption of act.
The commission shall not enforce any provision of this act nor any order entered by authority of this act which is specifically preempted by the federal act.
History:
L. 1996, ch. 268, § 18; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 20 - Telecommunications › 66-2017 VoIP and IP-enabled services; regulation, limitations.

66-2017. VoIP and IP-enabled services; regulation, limitations.
(a) Except as otherwise provided in this section, no VoIP service, IP-enabled service, or any combination thereof, shall be subject to the jurisdiction of, regulation by, supervision of or control by any state agency or political subdivision of the state.
(b) VoIP services shall be subject to:
(1) The requirements of K.S.A. 66-2008, and amendments thereto, pertaining to the Kansas universal service fund (KUSF). The provisions of subsection (a) shall not affect or restrict eligibility for KUSF support; and
(2) the requirements of the Kansas 911 act, K.S.A. 12-5362 et seq., and amendments thereto.
(c) No provision of this section shall be construed to modify:
(1) The requirements of the video competition act, K.S.A. 12-2021 et seq., and amendments thereto;
(2) the state corporation commission's authority under 47 U.S.C. §§ 251 and 252, as in effect on the effective date of this act. For the purposes of this paragraph, the term "state commission" used in 47 U.S.C. §§ 251 and 252 shall mean the state corporation commission established pursuant to K.S.A. 74-601, and amendments thereto;
(3) the authority of the state of Kansas or a political subdivision thereof to manage the use of public rights-of-way pursuant to K.S.A. 17-1902, and amendments thereto;
(4) the rights and obligations of K.S.A. 66-2005(y), and amendments thereto; or
(5) the regulation of any rural telephone company.
(d) For the purposes of this section:
(1) "Internet protocol enabled service" or "IP-enabled service" means any service, capability, functionality, or application using an internet protocol (IP) that enables an end user to send or receive a voice, data or video communication in an IP format.
(2) "Political subdivision" shall have the meaning ascribed to such term in K.S.A. 28-137b, and amendments thereto.
(3) "State agency" shall have the meaning ascribed to such term in K.S.A. 75-3701, and amendments thereto.
(4) "Voice over Internet Protocol" or "VoIP" is any service that:
(A) Uses an internet protocol (IP) to enable real-time, two-way voice communication that originates from, or terminates at, the user's location in an IP;
(B) utilizes a broadband connection from the user's location; and
(C) permits a user to receive a call that originates on the public switched telephone network (PSTN) and to terminate a call to the PSTN.
History:
L. 2013, ch. 66, § 1; L. 2016, ch. 40, § 7; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 21 - Rural Kansas Self-help Gas Act › 66-2101 Definitions.

66-2101.
Definitions.
As used in K.S.A. 66-2101 through 66-2106, and amendments thereto, the following words and phrases shall have the following meanings:
(a) "Certificate" means authority granted to a natural gas public utility to transact business pursuant to chapter 66 of the Kansas Statutes Annotated, and amendments thereto, to include any certificated area, territory or exclusive service rights;
(b) "city limits" means the area within the defined corporate limits of an incorporated city;
(c) "existing gas service utility" means a natural gas public utility that presently owns, operates, maintains and is responsible for an existing gas service line that the public utility, or its predecessor in interest, constructed from its distribution system to the point of service physically located on the property being served and which is currently being used to provide the property with firm gas service. In no event will it include a natural gas public utility that merely owns, operates, maintains or is responsible for a meter or meter station and incidental pipeline connections;
(d) "firm gas service" means the level of gas service which obligates the natural gas public utility, unless otherwise agreed between the natural gas public utility and the customer, to provide their customer with an unlimited supply of gas, available at all times and delivered to the customer's property without interruption for any reason other than force majeure;
(e) "gas" means natural gas as the term is commonly understood in the natural gas industry to include the meanings ascribed to the terms "gas" and "natural gas" in chapter 66 of the Kansas Statutes Annotated, and amendments thereto;
(f) "gas provider" means any person that provides gas, gas transportation, gas supply management or other gas services and any related facilities associated with delivering gas to a rural gas user;
(g) "gas supply system" means any well, pipeline, plant tailgate, meter or other facility which is a source of gas or which is associated with the transportation, treatment, processing or delivery of gas;
(h) "person" means an individual, association or other legal entity;
(i) "public utility" means a natural gas public utility or common carrier as defined in chapter 66 of the Kansas Statutes Annotated, and amendments thereto;
(j) "rural gas service" means all activities necessary or convenient to procure, manage, transport and deliver gas to a rural gas user; and
(k) "rural gas user" means any person currently using natural gas from a wellhead or gathering facility for agricultural purposes on property they own, lease or operate that is located outside city limits and not presently receiving gas service from an existing gas service utility.
History:
L. 2002, ch. 77, § 1; April 25.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 21 - Rural Kansas Self-help Gas Act › 66-2102 Rural gas user, not public utility; notification to existing gas service utility.

66-2102.
Rural gas user, not public utility; notification to existing gas service utility.
Any rural gas user who desires to constructs its own pipeline connection to a gas supply system, and any gas provider assisting the rural gas user, shall not be considered a public utility. If the rural gas service is provided within an area where a public utility holds a certificate, the rural gas user or the rural gas user's gas provider shall first notify the existing gas service utility of their intent to provide rural gas service. If the public utility holding the certificated area is not an existing gas service utility, then the existence of such public utility and its certificate will not in any way limit the rural gas user or the rural gas user's provider in establishing and maintaining the rural gas service provided for by this act.
History:
L. 2002, ch. 77, § 2; April 25.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 21 - Rural Kansas Self-help Gas Act › 66-2103 Existing gas service utility to develop plans to provide gas; failure to provide or nonacceptance of plan.

66-2103.
Existing gas service utility to develop plans to provide gas; failure to provide or nonacceptance of plan.
(a) When notified pursuant to K.S.A. 66-2102, and amendments thereto, an existing gas service utility shall have 30 days to develop plans and propose an offer to the potential rural gas user for providing rural gas service. The proposed plan shall include plans for installing facilities, price of natural gas and projected completion date.
(b) Failure of the existing gas service utility to propose an offer or complete the project by the projected completion date pursuant to subsection (a), unless otherwise agreed to by the rural gas user and the existing gas service utility, shall cause the existing gas service utility to waive such utility's exclusive right to serve the rural user.
(c) If the potential rural gas user does not accept the offer presented by the existing gas service utility, the existing gas service utility shall release the rural gas user from the certificated area or may request from the state corporation commission a determination to approve the utility's plan or allow the rural gas user to use a different public utility or gas provider to provide rural gas service.
(d) Upon request for determination described in subsection (c) and upon receipt of the proposed plans from the existing gas service utility and from the rural gas user or their provider, the state corporation commission shall have 30 days to complete such determination.
History:
L. 2002, ch. 77, § 3; April 25.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 21 - Rural Kansas Self-help Gas Act › 66-2104 Rural gas users form nonprofit public utility in certificated area; no limitation.

66-2104.
Rural gas users form nonprofit public utility in certificated area; no limitation.
When two or more rural gas users combine pursuant to K.S.A. 66-104c, and amendments thereto, to operate as a nonprofit public utility (NPU), if the rural gas service is provided within an area where a public utility holds a certificate, the existence of such public utility and its certificate will not in any way limit the rural gas users, the NPU, or their gas provider, in establishing and maintaining the rural gas service provided for by this act.
History:
L. 2002, ch. 77, § 4; April 25.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 21 - Rural Kansas Self-help Gas Act › 66-2105 Rural gas service shall comply with pipeline safety laws.

66-2105.
Rural gas service shall comply with pipeline safety laws.
All providers of rural gas service under the provisions of K.S.A. 66-2101 through 66-2106, and amendments thereto, will comply with all applicable pipeline safety laws including rules and regulations adopted by the state corporation commission pursuant to K.S.A. 66-1,150, and amendments thereto.
History:
L. 2002, ch. 77, § 5; April 25.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 21 - Rural Kansas Self-help Gas Act › 66-2106 Citation of act.

66-2106.
Citation of act.
The provisions of K.S.A. 66-2101 through 66-2106, and amendments thereto, shall be known as the rural Kansas self-help gas act.
History:
L. 2002, ch. 77, § 6; April 25.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 22 - Gas Safety And Reliability Policy Act › 66-2203 Filing of petition with commission to establish or change a GSRS rate schedule; recovery of certain costs; procedure.

66-2203. Filing of petition with commission to establish or change a GSRS rate schedule; recovery of certain costs; procedure.
(a) Notwithstanding any other provisions of chapter 66 of the Kansas Statutes Annotated, and amendments thereto, beginning July 1, 2006, a natural gas public utility providing gas service may file a petition and proposed rate schedules with the commission to establish or change GSRS rate schedules that will allow for the adjustment of the natural gas public utility's rates and charges to provide for the recovery of costs for eligible infrastructure system investments. The commission may not approve a GSRS to the extent it would produce total annualized GSRS revenues below the lesser of $1,000,000 or 1/2% of the natural gas public utility's base revenue level approved by the commission in the natural gas public utility's most recent general rate proceeding. The commission may not approve a GSRS to the extent it would produce total annualized GSRS revenues exceeding 20% of the natural gas public utility's base revenue level approved by the commission in the natural gas public utility's most recent general rate proceeding. A GSRS and any future changes thereto shall be calculated and implemented in accordance with the provisions of K.S.A. 66-2202 through 66-2204, and amendments thereto. GSRS revenues shall be subject to a refund based upon a finding and order of the commission to the extent provided in K.S.A. 66-2204(e) and (h), and amendments thereto.
(b) The commission shall not approve a GSRS for any natural gas public utility that has not had a general rate proceeding decided or dismissed by issuance of a commission order within the past 60 months, unless the natural gas public utility has filed for or is the subject of a new general rate proceeding.
(c) In no event shall a natural gas public utility collect a GSRS for a period exceeding 60 months unless the natural gas public utility has filed for or is the subject of a new general rate proceeding; except that the GSRS may be collected until the effective date of new rate schedules established as a result of the new general rate proceeding, or until the subject general rate proceeding is otherwise decided or dismissed by issuance of a commission order without new rates being established.
(d) Notwithstanding the 60-month filing deadlines in subsections (b) and (c), upon motion by a natural gas public utility, the commission may extend the 60-month deadline in subsections (b) and (c) for a period of up to 12 months as the commission determines reasonable or necessary.
History:
L. 2006, ch. 99, § 3; L. 2011, ch. 51, § 2; L. 2018, ch. 40, § 2; January 1, 2019.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 23 - Nuclear Generating Facility Security Guards › 66-2301 Citation of act.

66-2301.
Citation of act.
The provisions of K.S.A. 66-2301 through 66-2305, and amendments thereto, may be cited as the nuclear generating facility security guard act.
History:
L. 2006, ch. 27, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 23 - Nuclear Generating Facility Security Guards › 66-2302 Definitions.

66-2302.
Definitions.
As used in this act:
(a) "Armed nuclear security guard" means a security guard who works at a nuclear generating facility, who is employed as part of the security plan approved by the nuclear regulatory commission and who meets the requirements mandated by the nuclear regulatory commission for carrying a firearm;
(b) "nuclear generating facility" means an electric power generating facility that is owned by an electric utility or a consortium of electric utilities and that produces electricity by means of a nuclear reactor and includes the property on which the facility is located;
(c) "electric utility" means every public utility as defined by K.S.A. 66-104, and amendments thereto, which owns, controls, operates or manages any equipment, plant or generating machinery for the production, transmission, delivery or furnishing of electricity or electric power;
(d) "enter" means the intrusion of any part of any instrument or any part of a person's body inside of a nuclear generating facility or a structure or fenced yard of a nuclear generating facility;
(e) "entering or remaining unlawfully" means an act by a person who enters or remains in or on a nuclear generating facility or a structure or fenced yard of a nuclear generating facility if that person's intent for entering or remaining is not licensed, authorized or otherwise privileged;
(f) "structure or fenced yard" means any structure, fenced yard, wall, building or other similar barrier or any combination of structures, fenced yards, walls, buildings or other barriers that surrounds a nuclear generating facility and that is posted with signage indicating it is a felony to trespass.
History:
L. 2006, ch. 27, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 23 - Nuclear Generating Facility Security Guards › 66-2303 Criminal trespass on nuclear generating facility; penalty.

66-2303.
Criminal trespass on nuclear generating facility; penalty.
(a) Criminal trespass on a nuclear generating facility is either:
(1) Knowingly entering or remaining unlawfully in or on a nuclear generating facility; or
(2) knowingly entering or remaining unlawfully within a structure or fenced yard of a nuclear generating facility.
(b) Criminal trespass on a nuclear generating facility is a severity level 6, person felony.
History:
L. 2006, ch. 27, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 23 - Nuclear Generating Facility Security Guards › 66-2304 Nuclear security guard; use of force; use of deadly force, when.

66-2304.
Nuclear security guard; use of force; use of deadly force, when.
(a) An armed nuclear security guard is justified in using physical force against another person at a nuclear generating facility or structure or fenced yard of a nuclear generating facility if the armed nuclear security guard reasonably believes that such force is necessary to prevent or terminate the commission or attempted commission of criminal damage to property as defined in subsection (a)(1) of K.S.A.  21-5813, and amendments thereto, criminal use of weapons as defined in subsections (a)(1) through (a)(6) of K.S.A. 21-6301 or subsection (a)(1) through (a)(5) of K.S.A. 21-6302, and amendments thereto, or criminal trespass on a nuclear generating facility under K.S.A. 66-2303, and amendments thereto.
(b) Notwithstanding the provisions of K.S.A. 21-5222, 21-5223, 21-5225, 21-5227 and 21-5228, and amendments thereto, an armed nuclear security guard is justified in using physical force up to and including deadly physical force against another person at a nuclear generating facility or structure or fenced yard of a nuclear generating facility if the armed nuclear security guard reasonably believes that such force is necessary to:
(1) Prevent the commission of manslaughter as defined in K.S.A. 21-5404 or 21-5405, and amendments thereto, murder in the first degree as defined in K.S.A. 21-5402, and amendments thereto, murder in the second degree as defined in K.S.A. 21-5403, and amendments thereto, aggravated assault as defined in subsection (b) of K.S.A. 21-5412, and amendments thereto, kidnapping as defined in subsection (a) of K.S.A. 21-5408, and amendments thereto, aggravated kidnapping as defined in subsection (b) of K.S.A. 21-5408, and amendments thereto, aggravated burglary as defined in subsection (b) of K.S.A. 21-5807, and amendments thereto, arson as defined in subsection (a) of K.S.A. 21-5812, and amendments thereto, aggravated arson as defined in subsection (b) of K.S.A. 21-5812, and amendments thereto, aggravated robbery as defined in subsection (b) of K.S.A. 21-5420, and amendments thereto; or
(2) defend oneself or a third person from the use or imminent use of deadly physical force.
(c) Notwithstanding any other provision of this act, an armed nuclear security guard is justified in threatening to use physical or deadly physical force if and to the extent a reasonable armed nuclear security guard believes it necessary to protect oneself or others against another person's potential use of physical force or deadly physical force.
(d) No armed nuclear security guard, employer of an armed nuclear security guard or owner of a nuclear generating facility shall be subject to civil liability for conduct of an armed nuclear security guard which is justified pursuant to this act.
History:
L. 2006, ch. 27, § 4; L. 2011, ch. 91, § 31; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 23 - Nuclear Generating Facility Security Guards › 66-2305 Nuclear security guard; detaining suspect; defense.

66-2305.
Nuclear security guard; detaining suspect; defense.
(a) An armed nuclear security guard, with reasonable belief, may detain in or on a nuclear generating facility or a structure or fenced yard of a nuclear generating facility in a reasonable manner and for a reasonable time any person who is suspected of or attempting to commit any of the crimes specified under subsection (a) or (b) of K.S.A. 66-2304, and amendments thereto, for the purpose of summoning a law enforcement officer.
(b) Reasonable belief of an armed nuclear security guard is a defense to a civil or criminal action against an armed nuclear security guard, such guard's employer or any owner of the nuclear generating facility where such guard is employed for false arrest, false or unlawful imprisonment or wrongful detention.
History:
L. 2006, ch. 27, § 5; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-101 Definitions.

68-101.
Definitions.
Unless the context clearly indicates otherwise, the following terms shall have the meanings herein ascribed to them wherever they appear in chapter 68 of the Kansas Statutes Annotated, and amendments thereto:
(a) "Highway commissioners," "township board of highway commissioners," "township commissioners," "township board," or "township governing body" means the governing body of the township composed of the township trustee, the township clerk and the township treasurer.
(b) "Class A roads" means all roads in county unit road counties, not designated as part of the county primary or county major collector road systems nor as part of the state or federal road systems. "Class A roads" shall include the roads formerly under the jurisdiction of the township, unless otherwise designated and classified by the county engineer and the board of county commissioners.
(c) "County roads" means all roads designated as such by the board of county commissioners, including roads on the county major collector road system, class A roads in county road unit counties and federal aid classified routes that extend from major or minor collectors into the area between urban or urbanized limits and city limits, as defined in title 23 of the code of federal regulations.
(d) "State roads" and "state highways" means all roads designated as a part of the state highway system by the secretary of transportation.
(e) "Township roads" means all roads within a township not within a county road unit county other than federal, state, and county roads.
History:
L. 1911, ch. 248, § 1; R.S. 1923, 68-101; L. 1961, ch. 299, § 1; L. 1975, ch. 427, § 71; L. 2005, ch. 84, § 2; L. 2006, ch. 76, § 1; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-102 Laying out, altering or vacating roads.

68-102.
Laying out, altering or vacating roads.
(a) Upon petition of any adjacent landowner, the board of county commissioners may lay out, alter or vacate a road. The board of county commissioners also may layout or alter any road when deemed necessary by the board.
(b) The board of county commissioners may vacate any road in the county whenever the board determines such road is not a public utility by reason of neglect, nonuse, or inconvenience or from other cause or causes such road has become practically impassable and the necessity for such road as a public utility does not justify the expenditure of the necessary funds to repair such road or put the same in condition for public travel.
(c) Notice of the laying out, alteration or vacation of any road shall be given in the manner provided by K.S.A. 68-102a, and amendments thereto.
History: L. 1911, ch. 248, § 2; R.S. 1923, 68-102; L. 1931, ch. 243, § 1; L. 1945, ch. 265, § 1; L. 1951, ch. 374, § 1; L. 1997, ch. 74, § 5; L. 1999, ch. 146, § 1; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-102a Same; notice.

68-102a.
Same; notice.
Before any road is laid out, altered or vacated without the presentation of a petition, the county clerk shall give notice of the proposed action by publication once in the official county newspaper and by sending notice by certified mail to each owner of property adjoining the road, at the address where the owner's tax statement is sent. The notice shall set forth a description of the road proposed to be laid out, altered or vacated. Proceedings for the award of damages, if any, to the property owners affected by such action, and any appeal therefrom, shall be made in the same manner as provided in K.S.A. 68-107, and amendments thereto. Any person or persons may make written application to the county commissioners for payment for damage to property caused by such action. The county commissioners shall not award damages unless there has been filed with the county clerk, within 12 months after the entering of the order laying out, altering or vacating such road, a written application giving a description of the premises for which damages or compensation are claimed. The county commissioners shall determine the amount of damage sustained, if any, by such claimant. All applications for damages shall be forever barred unless they are presented as provided by this act.
History:
L. 1931, ch. 243, § 2; L. 1981, ch. 173, § 67; L. 1999, ch. 146, § 2; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-103 Petition, contents.

68-103.
Petition, contents.
All petitions for laying out or altering a road shall specify the place of beginning, the intermediate points, if any, and the place of termination of such road.
History:
L. 1911, ch. 248, § 3; May 22; R.S. 1923, 68-103.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-104 Viewers; notice of view; duties of county surveyor.

68-104. Viewers; notice of view; duties of county surveyor.
(a) Upon presentation of any petition for a road, or for the alteration or vacation of any road, to the county commissioners, at any regular session of their board, it shall be the duty of such commissioners, if they find the petition to be a legal one, and that the proper bond has been filed, to appoint three disinterested householders of the county as viewers with such commissioners, who may act as viewers of such road, and the county clerk shall give notice by advertisement set up in the county clerk's office and in every municipal township through which any part of such road is designed to be laid out, altered, or vacated, for at least 20 days, and by publication for two consecutive weeks in a newspaper of general circulation in the county, setting forth that such petition has been presented, giving the substance thereof, and that the commissioners or the viewers, on the day designated, which shall not be more than 20 days after the date of the second publication in the newspaper of the notice herein required, will proceed to view the* such road, and give all parties a hearing.
(b) They shall also cause a record of such notice to be entered on their journal by the county clerk. They shall issue an order directing the county surveyor to meet with them at the time and place named in such notice to survey such road. In case of failure to meet on the day designated, they may meet on the following day, without further notice; and in case of failure to meet within the time herein specified, new notice shall be given as hereinbefore provided; that in all applications for the location, change and relocation of any road to be located upon or along any section line, and the petition shall so state, and shall specify the section lines to be followed, the place of beginning and the place of ending, the survey may be dispensed with, and in case the owners of the lands taken agree in writing to the proposed location, relocation, or change, and the commissioners are satisfied that the location, relocation or change prayed for is practicable, and can be made without unreasonable expense, they may dispense with the viewing of such location, relocation or change of road, and shall order the same to be surveyed, platted and opened, and shall also direct the county surveyor to note such location, relocation or change of roads upon the road records of such county surveyor's office.
History:
L. 1911, ch. 248, § 4; May 22; L. 2011, ch. 49, § 25; July 1.
* The word "the" should have been stricken.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-105 Notice by petitioner; affidavits of service; filing.

68-105.
Notice by petitioner; affidavits of service; filing.
It shall be the duty of at least one of the petitioners to cause six days' notice to be given in writing to the owner or owners or their agents, if residing in the county, or if such owner be a minor, idiot or insane person, then to the guardian of such person, if a resident of the county, through whose land such road is proposed to be laid out and established, and also six days' notice to the county surveyor of the time and place of meeting, as specified in the notice of the commissioners. Copies of said notice of lands, with affidavits of service attached, shall be filed in the county clerk's office before said road shall be established.
History:
L. 1911, ch. 248, § 5; May 22; R.S. 1923, 68-105.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-109 Road on county or city line; petition; viewers; filing survey and plat.

68-109.
Road on county or city line; petition; viewers; filing survey and plat.
When it shall become necessary to establish a road on a county line, the inhabitants along such line may petition the board of commissioners of their respective counties for a view of said road in the manner hereinbefore provided; and it shall be the duty of the board of commissioners for each of the counties interested to act as viewers, or they may appoint three disinterested householders of the county, and they or a majority of each of them shall meet at the time and place named in the order of the county interested as in alphabetical order, together with the county surveyor of such county, and the commissioners or viewers shall assess all damages, and shall in all respects be governed by the preceding provisions of this act; and the commissioners or viewers and surveyor aforesaid shall make their report and certificate, in writing, for or against such road, which shall be filed and recorded in each of the counties as hereinbefore provided for. And when it shall become necessary to establish a road on the line of any city, the board of commissioners of the county, together with three householders appointed by the corporate authorities of such city, shall act as a board of viewers, who shall proceed as directed herein to lay off a road of the width that may be agreed upon by said commissioners and said corporate authorities, half on the side of the city and the other half on the side of the county, or the county commissioners and the viewers appointed by the corporate authorities may act separately in laying off so much of said road as lies within their respective jurisdictions; and the certificate of said commissioners in regard to said road and the survey and plat of the same shall be filed and recorded as in other cases, and said road shall be opened in the manner hereinbefore provided for.
History:
L. 1911, ch. 248, § 9; R.S. 1923, 68-109; L. 1961, ch. 299, § 3; June 30.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-110 Compensation of commissioners; viewers, chainmen, flagmen and markers; payment of costs and expenses.

68-110.
Compensation of commissioners; viewers, chainmen, flagmen and markers; payment of costs and expenses.
All persons required to render services under chapter 68 of the Kansas Statutes Annotated, and acts amendatory thereof or supplemental thereto, shall receive compensation for each day they shall necessarily be employed, as follows, to wit: On the part of the board of county commissioners while acting as viewers, the usual salary as a county commissioner and their actual expense in going to and returning from such view. Viewers, other than members of the board of county commissioners, chain carriers, flagmen, markers, and such other labor as may be necessary, shall receive the usual prevailing wages for such employees, as determined by the board of county commissioners. The payment of said services shall be charged as costs and expenses, and paid as other costs and expenses, on the order of the commissioners: Provided, That the surveyor shall be paid for his services in the manner prescribed by law.
History:
L. 1911, ch. 248, § 10; R.S. 1923, 68-110; L. 1961, ch. 299, § 4; June 30.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-113 State-line roads; establishment; width limitation.

68-113.
State-line roads; establishment; width limitation.
The boards of county commissioners of counties along the state line may establish a road in the state of Kansas along such state line in the manner provided by law for the laying out of other public highways: Provided, That the portion of the road established and located on the Kansas side of the state line shall not exceed sixty (60) feet in width: Provided further, The adjacent state shall make provision for the establishing of its proportionate share of such road.
History:
L. 1915, ch. 292, § 1; R.S. 1923, 68-113; L. 1961, ch. 299, § 5; June 30.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-114 Proceedings for change in roads; eminent domain.

68-114.
Proceedings for change in roads; eminent domain.
When it is found necessary to lay out, relocate, alter, widen or vacate a road or highway for the purpose of eliminating sharp turns or other dangerous places, or for the proper construction of a highway, or for the extension of a bridge or culvert, the board of county commissioners shall by order of said board lay out, relocate, alter or widen a public road and may vacate an existing road. All land required for the laying out, widening or altering of a road shall be acquired by the board of county commissioners by purchase, donation or, if the owner or owners of the land shall refuse to sell or donate said land, by exercise of the right of eminent domain pursuant to article 5 of chapter 26 of Kansas Statutes Annotated.
History:
L. 1921, ch. 220, § 1; R.S. 1923, 68-114; L. 1976, ch. 293, § 1; July 1.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-116 Prescribed width of county roads; hedges; increase of width, when.

68-116.
Prescribed width of county roads; hedges; increase of width, when.
The width of all county roads shall be determined by the viewers at the time of establishing the same, and shall not be more than one hundred and twenty (120) nor less than sixty (60) feet and in cases where a growing hedge or permanent improvement on or near one side of the proposed road precludes the road being laid equally on both sides of the line, the viewers may establish all or any part of said road on the side of the section line not encumbered by such improvement. The board of county commissioners shall have authority to increase the prescribed width of any existing county road or highway in any county where such board of county commissioners deem it necessary for public safety, or proper construction of such road or highway, and shall have authority to lay out, establish and construct new county roads and highways in excess of the width prescribed in the preceding sentence where necessary for public safety, or for the proper construction of such road or highway.
History:
L. 1911, ch. 248, § 12; R.S. 1923, 68-116; L. 1933, ch. 96, § 1 (Special Session); L. 1957, ch. 353, § 1; L. 1963, ch. 331, § 1; June 30.
2023 Kansas Statutes › Chapter 68 - Roads And Bridges › Article 1 - General Provisions › 68-117 Access to public highway, when; petition; width of road and plat; payment of expenses.

68-117.
Access to public highway, when; petition; width of road and plat; payment of expenses.
Whenever the premises of any person shall be so completely surrounded by adjoining lands, the property of others or by such lands and water, as to be without access to any public highway, then such person may petition the board of county commissioners of the county in which such premises lie for a road, and one road only, through some portion of the adjoining lands. The petition shall set forth the use and purposes of such proposed road. Upon presentation of such petition, the commissioners shall proceed in accordance with the provisions of K.S.A. 68-101 to 68-110, both sections inclusive, and K.S.A. 68-115 and 68-116, to lay out such road, make returns of plats, and allow damages, if any should be held or allowed: Provided, Said road shall not be less than forty (40) feet nor more than one hundred (100) feet in width and shall be laid out upon the quarter or quarter-quarter section lines when practicable.
The said road when so ordered by the board of county commissioners shall be platted and recorded in the office of the register of deeds and shall become a public way, subject to restrictions contained in the petition: And provided further, That the owner or owners, their grantees, successors or assigns, of the land specifically benefited by the establishment of such public road, shall forthwith pay all expenses of establishing said road, including all damages, if any should be held or allowed and thereafter forever maintain and keep the same in repair and without any expense or liability to the township or other municipality in which such road is so laid out and established.
History: L. 1911, ch. 248, § 13; L. 1913, ch. 261, § 1; L. 1915, ch. 291, § 1; R.S. 1923, 68-117; L. 1961, ch. 299, § 6; L. 1967, ch. 352, § 1; July 1.