reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5075 Revolving fund.

75-5075.
Revolving fund.
(a) There is hereby established in the state treasury the communication system revolving fund. The secretary shall remit to the state treasurer, in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the secretary pursuant to this act. Upon receipt of the remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the fund.
(b) The fund shall consist of:
(1) All lease payments received by the secretary pursuant to this act, in accordance with agreements entered into between lessees and the secretary;
(2) amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(3) the proceeds, if any, from the sale of bonds issued pursuant to this act for the purposes of the fund, to the extent provided in any agreement entered into between the secretary and the Kansas development finance authority;
(4) interest earned on moneys in the fund;
(5) amounts contributed or otherwise made available by any public or private entity, including the federal government, for use in effectuating the purposes of the fund; and
(6) amounts transferred by order of the secretary from the state highway fund.
(c) Subject to the provisions of this act, expenditures from the fund shall be made for the following purposes:
(1) To purchase, maintain and administer the communication system;
(2) to purchase communication system equipment to lease to public safety agencies;
(3) for the payment of the principal of bonds issued pursuant to this act, including sinking fund payments or payments to any other required reserves, and the premium, if any, and interest on such bonds;
(4) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement to secure such bonds required or provided for in any trust agreement entered into pursuant to this act;
(5) to provide reserves for or otherwise secure bonds issued pursuant to this act and to provide insurance or other credit enhancement for such bonds;
(6) for administrative costs of the fund or for any of the foregoing; and
(7) the transfer of money by order of the secretary to the state highway fund.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the communication system revolving fund interest earnings based on:
(1) The average daily balance of moneys in the communication system revolving fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(e) All expenditures from the communication system revolving fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary for the purposes set forth in this section.
History:
L. 2004, ch. 17, § 3; April 8.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5076 Administration of act; rules and regulations.

75-5076.
Administration of act; rules and regulations.
(a) The secretary shall administer the provisions of this act and shall be responsible for the administration and management of the fund. The secretary shall have the power to enter into agreements and contracts and to transfer money between the state highway fund and the fund as required to effect the purposes of this act.
(b) The secretary shall adopt rules and regulations, to carry out the purposes and provisions of this act.
History:
L. 2004, ch. 17, § 4; April 8.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5077 Issuance of bonds.

75-5077.
Issuance of bonds.
The activities of the secretary in administering and performing the powers, duties and functions prescribed by the provisions of this act and in acquiring financing for acquisition of equipment for the implementation and maintenance of the communication system are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of issuance of one or more series of revenue bonds by the Kansas development finance authority in accordance with the Kansas development finance authority act (K.S.A. 74-8901 et seq., and amendments thereto). The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
History:
L. 2004, ch. 17, § 5; April 8.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5078 Railroads; transfer of powers; duties and functions from corporation commission to department of transportation.

75-5078.
Railroads; transfer of powers; duties and functions from corporation commission to department of transportation.
(a) Except as otherwise provided by law, all of the powers, duties and functions of the state corporation commission as it relates to railroads are hereby transferred to and conferred and imposed upon the Kansas department of transportation.
(b) All rules and regulations of the state corporation commission referencing railroads in existence on the date of passage of this act shall be reviewed by the Kansas department of transportation prior to July 1, 2005. Any such rules and regulations which the Kansas department of transportation does not notify the state corporation commission to retain shall be revoked by the state corporation commission prior to the effective date of this act. Any rules and regulations which the Kansas department of transportation notified the state corporation commission to retain shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the Kansas department of transportation until revised, amended, revoked or nullified pursuant to law.
(c) When any conflict arises as to the disposition of any power, function or duty in relation to the transfer of this authority, such conflict shall be resolved by the governor, whose decision shall be final.
(d) The Kansas department of transportation shall take custody of all state corporation commission records, memoranda, writings, entries, prints, representations or combinations thereof relating to railroads. Any conflict as to the proper disposition of records arising under this section and resulting from the transfer shall be determined by the governor, whose decision shall be final.
(e) No suit, action or other proceeding, judicial or administrative, lawfully commenced or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of the act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(f) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 2005, ch. 21, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5079 Listing of signs for tourism or economic development; publication annually.

75-5079.
Listing of signs for tourism or economic development; publication annually.
(a) The secretary of transportation shall compile and maintain a current listing of all signs that are available for the purposes of increasing tourism or economic development. The listing shall contain a description of the program and the requirements for obtaining a sign under such program.
(b) The secretary of transportation shall publish the information required under subsection (a) at least annually.
History:
L. 2006, ch. 141, § 9; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5080 Traffic records enhancement fund.

75-5080.
Traffic records enhancement fund.
There is hereby created in the state treasury the traffic records enhancement fund. All moneys credited to the traffic records enhancement fund shall be used by the department of transportation for the purpose of enhancing and upgrading the traffic records systems in the state. All expenditures from traffic records enhancement fund shall be made in accordance with appropriation acts, upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of transportation or the secretary's designee.
History:
L. 2007, ch. 140, § 13; April 26.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5081 Intermodal transportation projects; intermodal transportation revolving fund.

75-5081.
Intermodal transportation projects; intermodal transportation revolving fund.
The secretary of transportation is hereby authorized to establish an intermodal transportation revolving fund to provide assistance to governmental units for intermodal transportation projects.
History:
L. 2009, ch. 78, § 1; April 23.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5082 Same; definitions.

75-5082.
Same; definitions.
As used in K.S.A. 75-5081 through 75-5087, and amendments thereto:
(a) "Cost" means as applied to any qualified project, any or all costs, whenever incurred, approved by the department, for carrying out a qualified project;
(b) "department" means the department of transportation, established under K.S.A. 75-5001, and amendments thereto;
(c) "fund" means the Kansas intermodal transportation revolving fund established by K.S.A. 75-5084, and amendments thereto;
(d) "governmental unit" means any town, city, district, county, commission, agency, authority, board or other instrumentality of the state or of any of its political subdivisions, including any combination thereof, which has a qualified project located within the boundaries of such entity or within the jurisdiction of such entity;
(e) "intermodal facility" means land, improvements, personal property and fixtures developed primarily to handle the transfer, storage and distribution of freight through railway and trucking operations with a cost in excess of $150,000,000;
(f) "intermodal transportation area" means an area including an intermodal facility and such additional area certified by the secretary to be impacted by such intermodal facility;
(g) "intermodal transportation project" means any bridge, culvert, highway, road, street, underpass, railroad crossing or combination thereof located within an intermodal transportation area;
(h) "private enterprise" means a private person or entity that has entered into a contract with a governmental unit to design, finance, construct or operate a qualified project that is within the jurisdiction of such public authority;
(i) "project" means the acquisition, construction, improvement, repair, rehabilitation, maintenance or extension of transportation facilities;
(j) "project costs" means all costs or expenses which are necessary or incident to a qualified project and which are directly attributable thereto, including, but not limited to, land acquisition;
(k) "qualified borrower" means any governmental unit or private enterprise which is authorized to construct, operate or own a qualified project;
(l) "qualified project" means any public or private intermodal transportation project, including, without limitation, the construction, reconstruction, resurfacing, restoration, rehabilitation or replacement of public or private intermodal transportation projects within the state, that is determined by the secretary to be of statewide as well as local importance and by the city or county in which the qualified project is located to be of local importance;
(m) "revenues" means when used with respect to the department, any receipts, fees, revenues or other payments received or to be received by the department under K.S.A. 75-5081 through 75-5087, and amendments thereto; and
(n) "secretary" means the secretary of the department of transportation.
History:
L. 2009, ch. 78, § 2; April 23.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5083 Same; secretary of transportation; powers and duties; rules and regulations.

75-5083.
Same; secretary of transportation; powers and duties; rules and regulations.
(a) The secretary shall administer the provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto, and shall be responsible for the administration and management of the fund, and shall have the power to enter into agreements and contracts and to transfer money between the state highway fund and the fund as required to effect the purposes of K.S.A. 75-5081 through 75-5087, and amendments thereto.
(b) The secretary shall adopt rules and regulations, to carry out the purposes and provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto.
History:
L. 2009, ch. 78, § 3; April 23.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5084 Same; Kansas intermodal transportation revolving fund; funding; expenditures.

75-5084.
Same; Kansas intermodal transportation revolving fund; funding; expenditures.
(a) There is hereby established in the state treasury a fund to be known as the Kansas intermodal transportation revolving fund which shall consist of the following:
(1) Amounts appropriated or otherwise made available by the legislature for the purposes of the fund;
(2) the proceeds, if any, from the sale of bonds issued pursuant to K.S.A. 75-5085, and amendments thereto, for the purposes of the fund to the extent provided in any agreement entered into between the secretary and the Kansas development finance authority;
(3) amounts of repayments made by qualified borrowers of loans received under K.S.A. 75-5081 through 75-5087, and amendments thereto, together with payments of interest thereon, in accordance with agreements entered into between such qualified borrowers and the secretary;
(4) amounts earned on moneys in the fund;
(5) amounts contributed or otherwise made available by any public or private entity for use in effectuating the purposes of the fund;
(6) amounts transferred by order of the secretary from the state highway fund; and
(7) any other amounts as may be made available for purposes of the fund.
(b) Subject to the provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto, expenditures from the fund shall be made for the following purposes:
(1) For the payment of the principal, including sinking fund payments of and premium, if any, and interest on bonds issued pursuant to K.S.A. 75-5081 through 75-5087, and amendments thereto;
(2) for providing financial assistance to qualified borrowers to finance qualified projects;
(3) for the maintenance of, or provision for, any reserves, additional security, insurance or other form of credit enhancement to secure such bonds required or provided for in any trust agreement entered into pursuant to K.S.A. 75-5081 through 75-5087, and amendments thereto;
(4) to guarantee, purchase insurance or provide other credit enhancement for bonds of qualified borrowers issued to finance the costs of qualified projects;
(5) to provide reserves for or otherwise secure bonds issued pursuant to K.S.A. 75-5081 through 75-5087, and amendments thereto, and to provide insurance or other credit enhancement for such bonds;
(6) to provide reserves for, or to otherwise secure, amounts payable by qualified borrowers on loans made by and leases with the department in the event of default by a particular qualified borrower or, on a parity basis, by any qualified borrower;
(7) to provide a subsidy for, or to otherwise assist, qualified borrowers in the payment of debt service costs on loans made by the department hereunder;
(8) for administrative costs of the fund or for any of the foregoing;
(9) the transfer of money by order of the secretary to the state highway fund; and
(10) the transfer of money by order of the secretary to the state general fund.
History:
L. 2009, ch. 78, § 4; April 23.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5085 Same; issuance of bonds.

75-5085.
Same; issuance of bonds.
(a) The activities of the department in administering and performing the powers, duties and functions prescribed by the provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto, are hereby approved for the purposes of subsection (b) of K.S.A. 74-8905, and amendments thereto, and the authorization of issuance of bonds by the Kansas development finance authority in accordance with that statute. The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds for such purposes when so authorized and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto.
(b) The debt service for any bonds issued pursuant to this section shall be paid from revenues, including loan repayments received from qualified borrowers under agreements entered into pursuant to K.S.A. 75-5081 through 75-5087, and amendments thereto, or from any other amounts available in the Kansas intermodal transportation revolving fund pursuant to K.S.A. 75-5084, and amendments thereto, including appropriations of moneys from the state general fund.
(c) Neither the state nor the department shall have the power to pledge the full faith and credit or taxing power of the state of Kansas for such purposes and any payment by the department for such purpose shall be subject to and dependent on appropriations by the legislature. Any obligation of the state or the department for payment of debt service on bonds issued pursuant to this section shall not be considered a debt or obligation of the state for the purpose of section 6 of article 11 of the Kansas constitution.
(d) No governmental unit is authorized to pledge its full faith and credit or its taxing power for the purpose of repayment of any loan under this act.
History:
L. 2009, ch. 78, § 5; April 23.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5086 Same; qualified borrowers; applications; agreements.

75-5086.
Same; qualified borrowers; applications; agreements.
(a) Qualified borrowers which desire assistance in the form of a loan, credit enhancement or grant under K.S.A. 75-5081 through 75-5087, and amendments thereto, shall submit an application therefor to the secretary. Applications shall be in such form and shall include such information as the secretary shall require and shall be submitted in a manner and at a time to be determined by the secretary.
(b) The secretary may enter into agreements with any qualified borrower for payment of all or a part of project costs. All moneys received by the secretary pursuant to such agreements shall be deposited in the Kansas intermodal transportation revolving fund.
(c) The secretary shall provide any governmental unit, upon its request, with technical advice and assistance regarding a project or an application for assistance. The secretary may assess reasonable fees for providing such assistance.
(d) Any governmental unit may enter into agreements with the secretary and may accept assistance as provided in this section when so authorized by its governing body.
History:
L. 2009, ch. 78, § 6; April 23.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5087 Same; failure to comply with agreement.

75-5087.
Same; failure to comply with agreement.
(a) Upon the failure of a governmental unit to meet the repayment terms and conditions of an agreement, the secretary may order the state treasurer to pay to the fund such portion of the governmental unit's share of the special city and county highway fund as may be necessary to meet the terms of the agreement. This subsection shall not apply if the source of repayment of a loan with a governmental unit, as identified in the agreement, is not received by such governmental unit prior to the loan repayment date.
(b) Any loans received by a governmental unit under the provisions of K.S.A. 75-5081 through 75-5087, and amendments thereto, shall be construed to be bonds for the purposes of K.S.A. 10-1116, and amendments thereto, and the amount of such loans shall not be included within any limitation on the bonded indebtedness of the governmental unit.
History:
L. 2009, ch. 78, § 7; April 23.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5088 Businesses operating within intermodal facility district are ineligible for certain tax credits or other incentives or benefits.

75-5088.
Businesses operating within intermodal facility district are ineligible for certain tax credits or other incentives or benefits.
Any business owning, operating, or leasing any facility located within the intermodal facility district described in subsection (e) of K.S.A. 79-3620, and amendments thereto, during the time period that the provisions of subsection (e) of K.S.A. 79-3620 and subsection (e) of K.S.A. 79-3710, and amendments thereto, are in effect, shall be ineligible to claim any tax credits or other incentives or benefits with respect to capital investment or jobs in such facility during such time period under the following programs: K.S.A. 79-32,153, 79-32,160a, but not including subsection (e) of that statute, 74-50,210 et seq. or 74-50,102 et seq., and amendments thereto.
History:
L. 2010, ch. 160, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5091 Transit buses, operation on right shoulder of certain highways in Johnson and Wyandotte counties; when, conditions; rules and regulations; reports.

75-5091. Transit buses, operation on right shoulder of certain highways in Johnson and Wyandotte counties; when, conditions; rules and regulations; reports.
(a) The secretary of transportation may authorize transit buses to be operated upon the right shoulders of city connecting links and other highways in the state highway system in Johnson and Wyandotte counties.
(b) Transit buses shall be authorized to be operated upon shoulders under subsection (a), only if the speed of traffic on such connecting link or highway has been reduced to less than 35 miles per hour.
(c) Drivers of transit buses being operated upon the shoulder under this section shall:
(1) Not exceed the traffic speed by more than 10 miles per hour; and
(2) yield to merging, entering and exiting traffic and to other vehicles on the shoulder.
(d) The secretary of transportation shall adopt such rules and regulations necessary to implement the provisions of this section, including any requirements for highway signage.
(e) The secretary of transportation and persons designated by the board of county commissioners of Johnson and Wyandotte counties shall report to the legislature on or before March 1, in 2018, 2019 and 2020, concerning the implementation and operation of the program authorized by this section.
History:
L. 2010, ch. 134, § 1; L. 2017, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5092 Motor fuel tax study; report.

75-5092. Motor fuel tax study; report.
The department of transportation is directed to organize a discussion with the public and all interested stakeholders about the long-term feasibility of relying on the motor fuel tax as the primary mechanism of funding the state's highway maintenance and construction program and as the major contributor of state aid to local government transportation budgets. The department is to report its findings and policy recommendations to the governor and the legislature by January 1, 2014.
History:
L. 2012, ch. 73, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5093 Transportation technology development projects; fund; grants; transfers from the state highway fund.

75-5093. Transportation technology development projects; fund; grants; transfers from the state highway fund.
(a) The secretary of transportation is hereby authorized and empowered to participate in projects or make grants for projects, the purpose of which is the planning, assessment and fielding of new capabilities and innovative technology for all modes of transportation, including, but not limited to, aviation and highway transportation. Such new capabilities should represent increased efficiency for state operations, public cost savings, increased safety or economic development.
(b) There is hereby established in the state treasury the transportation technology development fund. All moneys credited to such fund shall be used to provide assistance with the planning, assessment and fielding of new capabilities for all modes of transportation, including, but not limited to, aviation and highway transportation. All expenditures from such fund shall be made in accordance with the provisions of appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or the secretary's designee.
(c) Grants made by the secretary from the transportation technology development fund shall be made upon such terms and conditions as the secretary may deem appropriate, and such grants shall be made from funds credited to the transportation technology development fund.
(d) On July 1, 2020, and each July 1 thereafter through July 1, 2030, the director of accounts and reports shall transfer $2,000,000 from the state highway fund to the transportation technology development fund. The secretary is hereby authorized to transfer additional moneys to the transportation technology development fund from the state highway fund, and moneys from the transportation technology development fund to the state highway fund.
History:
L. 2020, ch. 8, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5094 Broadband infrastructure construction projects; fund; grants; transfers from the state highway fund.

75-5094. Broadband infrastructure construction projects; fund; grants; transfers from the state highway fund.
(a) The secretary of transportation is hereby authorized and empowered to make grants for construction projects, the purpose of which is to expand and improve broadband service in the state of Kansas. The secretary of transportation is authorized to make such grants when working jointly with the office of broadband development within the department of commerce.
(b) There is hereby established in the state treasury the broadband infrastructure construction grant fund. All moneys credited to such fund shall be used to provide grants for the expansion of broadband service in the state of Kansas. All expenditures from such fund shall be made in accordance with the provisions of appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of transportation or the secretary's designee.
(c) Grants made by the secretary of transportation from the broadband infrastructure construction grant fund shall reimburse grant recipients for up to 50% of actual construction costs in expanding and improving broadband service in the state of Kansas. Such grant reimbursements shall be upon such terms and conditions as the secretary of transportation may deem appropriate, in coordination with the secretary of commerce.
(d) On July 1, 2020, and each July 1 thereafter through July 1, 2022, the director of accounts and reports shall transfer $5,000,000 from the state highway fund to the broadband infrastructure construction grant fund. On July 1, 2023, and each July 1 thereafter through July 1, 2030, the director of accounts and reports shall transfer $10,000,000 from the state highway fund to the broadband infrastructure construction grant fund. At the end of each fiscal year, the secretary of transportation is hereby authorized to notify the director of accounts and reports to transfer all remaining and unencumbered funds from the broadband infrastructure construction grant fund to the state highway fund.
History:
L. 2020, ch. 8, § 3; L. 2021, ch. 66, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 50 - Department Of Transportation › 75-5095 Short line rail improvement program; fund; qualified railroad track maintenance expenditures; transfers from the state highway fund.

75-5095. Short line rail improvement program; fund; qualified railroad track maintenance expenditures; transfers from the state highway fund.
(a) There is hereby established in the state treasury the short line rail improvement fund. The short line rail improvement fund shall be administered by the secretary of transportation. Expenditures from the short line rail improvement fund may be made for any qualified railroad track maintenance expenditure constructed by an eligible entity. Qualified railroad track maintenance expenditures shall be matched on a 70% state moneys to 30% eligible entity moneys basis. All expenditures from the short line rail improvement fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of transportation or the secretary's designee.
(b) On July 1, 2020, and each July 1 thereafter through July 1, 2022, the director of accounts and reports shall transfer $5,000,000 from the state highway fund to the short line rail improvement fund.
(c) For purposes of this section:
(1) "Eligible entity" means:
(A) A class II or class III railroad as defined in 49 C.F.R. § 1201.1-1(a), as in effect on January 1, 2020; or
(B) any owner or lessee industry track located on or adjacent to a class II or class III railroad in the state of Kansas; and
(2) "qualified railroad track maintenance expenditure" means gross expenditures for maintenance, reconstruction or replacement of railroad track, including roadbed, bridges, industrial leads and side track, and related track structures to the extent the expenditures are on track located in the state of Kansas, and the track was owned or leased by an eligible entity as of January 1, 2020.
History:
L. 2020, ch. 8, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5101 Secretary of revenue; appointment and confirmation; creation of department; application of K-GOAL.

75-5101.
Secretary of revenue; appointment and confirmation; creation of department; application of K-GOAL.
(a) There is hereby created a department of revenue, the head of which shall be the secretary of revenue. The governor shall appoint the secretary of revenue, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto, and the secretary shall serve at the pleasure of the governor. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as secretary shall exercise any power, duty or function as secretary until confirmed by the senate. The department of revenue created by this act shall be administered under the direction and supervision of the secretary of revenue. The secretary of revenue shall receive an annual salary fixed by the governor.
(b) The provisions of the Kansas governmental operations accountability law apply to the department of revenue, and the department is subject to audit, review and evaluation under such law.
History:
L. 1972, ch. 342, § 1; L. 1981, ch. 299, § 37; L. 1982, ch. 347, § 62; L. 1992, ch. 116, § 46; L. 2001, ch. 86, § 11; L. 2008, ch. 121, § 25; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5102 Director of taxation; creation and administration of the division of taxation.

75-5102.
Director of taxation; creation and administration of the division of taxation.
There is hereby established, within and as a part of the department of revenue, a division of taxation, the head of which shall be the director of taxation. Under the supervision of the secretary of revenue, the director of taxation shall administer the division of taxation. The secretary of revenue shall appoint the director of taxation, and the director shall serve at the pleasure of the secretary of revenue. The director of taxation shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
History:
L. 1972, ch. 342, § 2; L. 1982, ch. 347, § 63; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5103 Same; transfer of existing powers, duties and functions; preservation of rules and regulations, rates, orders and directives; adoption of rules and regulations by secretary of revenue for division of taxation.

75-5103.
Same; transfer of existing powers, duties and functions; preservation of rules and regulations, rates, orders and directives; adoption of rules and regulations by secretary of revenue for division of taxation.
(a) All of the powers, duties and functions of the existing department of revenue and the existing director of revenue are hereby transferred to and conferred and imposed, respectively, upon the division of taxation and the director of taxation created by this act, except as is herein otherwise provided.
(b) The division of taxation and the director of taxation created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the department of revenue and director of revenue in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of taxation or director of taxation created by this act, respectively, shall be deemed to have the same force and effect as if performed by the department of revenue or director of revenue, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the department of revenue, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of taxation created by this act.
(d) Whenever the director of revenue, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to the director of taxation created by this act.
(e) All rules and regulations of the director of revenue or the department of revenue in existence on the effective date of this act, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of revenue created by this act, until revised, amended, revoked or nullified pursuant to law. The secretary of revenue may adopt rules and regulations governing the administration of functions of the division of taxation.
(f) All rates promulgated and all orders and directives of the director of revenue or the department of revenue in existence on the effective date of this act, shall continue to be effective and shall be deemed to be duly promulgated rates of the secretary of revenue and duly issued orders and directives of the director of taxation and division of taxation created by this act, respectively, until revised, amended or nullified pursuant to law.
(g) The division of taxation and director of taxation created by this act, respectively, shall be continuations of the department of revenue and director of revenue created by K.S.A. 74-2443.
History:
L. 1972, ch. 342, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5104 Same; transfer of rule and regulation authority to secretary of revenue.

75-5104. Same; transfer of rule and regulation authority to secretary of revenue.
Whenever, under any statute of this state, the director of revenue is authorized to make, adopt or promulgate rules and regulations or rules or regulations, or words of like effect, and whenever in any statute of this state there is reference to any such rule or regulation, such authority and such reference shall after the effective date of this act be deemed to so authorize or refer to the secretary of revenue and not the director of revenue, and no approval for adoption of any such rules and regulations shall be required by the state board of tax appeals.
History:
L. 1972, ch. 342, § 4; L. 2008, ch. 109, § 69; L. 2014, ch. 141, § 76; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5105 Director of property valuation; appointment and confirmation; creation and administration of the division of property valuation.

75-5105.
Director of property valuation; appointment and confirmation; creation and administration of the division of property valuation.
There is hereby established, within and as a part of the department of revenue, a division of property valuation, the head of which shall be the director of property valuation. Under the supervision of the secretary of revenue, the director of property valuation shall administer the division of property valuation. The secretary of revenue shall appoint the director of property valuation, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, and amendments thereto, no person appointed as director shall exercise any power, duty or function as director until confirmed by the senate. The director shall serve at the pleasure of the secretary of revenue. The director of property valuation shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
History: L. 1972, ch. 342, § 5; L. 1982, ch. 347, § 64; L. 1990, ch. 320, § 1; L. 2008, ch. 121, § 26; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5105a Director of property valuation; powers and duties.

75-5105a.
Director of property valuation; powers and duties.
The director of property valuation shall:
(a) Devise and prescribe uniform assessment forms and records, property-identification maps, land-classification maps, land-value maps, permanent record cards, and other essential assessment tools, and to assist each county with the installation and maintenance of the same.
(b) Devise or prescribe guides, or both, for the valuation of personal property. The director of property valuation may furnish to each county one copy of each guide so prescribed and a copy or copies of each guide so devised. In the preparation of such guides, the director of property valuation shall confer with representatives of the county appraisers and district appraisers, and shall seek counsel from official representatives of organized groups interested in and familiar with the value of classes of property with which they are concerned.
(c) Render all assistance possible toward uniform assessments within the counties and throughout the state.
(d) Assist county appraisers and district appraisers to determine the fair market value in money of nonstate assessed properties, the valuation of which requires specialized technical knowledge.
(e) Compile sales ratio data as provided by K.S.A. 79-1486 through 79-1493, and amendments thereto, and to analyze such assessment data.
(f) Perform such other duties as may be prescribed by law.
History:
L. 1957, ch. 429, § 8; L. 1972, ch. 342, § 82; L. 1977, ch. 328, § 1; L. 1987, ch. 348, § 1; L. 1997, ch. 126, § 39; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5106 Transfer of existing powers, duties and functions; preservation of rules and regulations, orders and directives.

75-5106.
Transfer of existing powers, duties and functions; preservation of rules and regulations, orders and directives.
(a) All of the powers, duties and functions of the existing department of property valuation and the existing director of property valuation are hereby transferred to and conferred and imposed respectively, upon the division of property valuation and the director of property valuation created by this act, except as is herein otherwise provided.
(b) The division of property valuation and the director of property valuation created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the department of property valuation and director of property valuation in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed under the authority of the division of property valuation or director of property valuation created by this act, respectively, shall be deemed to have the same force and effect as if performed by the department of property valuation or director of property valuation, respectively, in which such functions were vested prior to the effective date of this act.
(c) Whenever the department of property valuation, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the division of property valuation created by this act.
(d) Whenever the director of property valuation, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to the director of property valuation created by this act.
(e) All rules and regulations of the director of property valuation or the department of property valuation in existence on the effective date of this act, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of revenue created by this act, until revised, amended, revoked or nullified pursuant to law.
(f) All orders and directives of the director of property valuation or the department of property valuation in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of property valuation and division of property valuation created by this act, respectively, until revised, amended or nullified pursuant to law.
(g) The division of property valuation and director of property valuation created by this act, respectively, shall be continuations of the department of property valuation and director of property valuation created by K.S.A. 74-2440.
History:
L. 1972, ch. 342, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5107 Same; transfer of rule and regulation authority to secretary of revenue.

75-5107. Same; transfer of rule and regulation authority to secretary of revenue.
Whenever, under any statute of this state, the director of property valuation is authorized to make, adopt or promulgate rules and regulations or rules or regulations, or words of like effect, and whenever in any statute of this state there is reference to any such rule or regulation, such authority and such reference shall after the effective date of this act be deemed to so authorize or refer to the secretary of revenue and not the director of property valuation, and no approval for adoption of any such rules and regulations shall be required by the state board of tax appeals.
History:
L. 1972, ch. 342, § 7; L. 2008, ch. 109, § 70; L. 2014, ch. 141, § 77; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5110 Director of vehicles; creation and administration of division of vehicles.

75-5110.
Director of vehicles; creation and administration of division of vehicles.
There is hereby established, within and as a part of the department of revenue, a division of vehicles, the head of which shall be the director of vehicles. Under the supervision of the secretary of revenue, the director of vehicles shall administer the division of vehicles. The secretary of revenue shall appoint the director of vehicles, and the director shall serve at the pleasure of the secretary of revenue. The director of vehicles shall be in the unclassified service and shall receive an annual salary fixed by the secretary of revenue and approved by the governor.
History:
L. 1972, ch. 342, § 10; L. 1982, ch. 347, § 65; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5112 Transfer of rules and regulation authority to secretary of revenue.

75-5112.
Transfer of rules and regulation authority to secretary of revenue.
Whenever, under any statute of this state, the state highway commission or motor vehicle department is authorized to make, adopt or promulgate rules and regulations or rules or regulations, or words of like effect, relating to the registration of vehicles and whenever in any statute of this state there is reference to any such rule or regulation, such authority and such reference shall after the effective date of this act be deemed to so authorize or refer to the secretary of revenue and not the state highway commission or motor vehicle department.
History:
L. 1972, ch. 342, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 51 - Department Of Revenue › 75-5113 Agreements between secretary of revenue and secretary of transportation.

75-5113.
Agreements between secretary of revenue and secretary of transportation.
The secretary of revenue and the secretary of transportation may enter into agreements, subject to the approval of the governor for providing services, facilities or use of equipment and for payment therefor from appropriations for the secretary of revenue or the secretary of transportation.
History:
L. 1972, ch. 342, § 13; L. 1975, ch. 427, § 247; August 15.