Session of 1999 
          Substitute for HOUSE BILL No. 2490  
          By Committee on Environment 
          2-24 
          
 
   9             AN  ACT relating to certain recreational trails; concerning certain 
10             requirements relating thereto; providing penalties for certain acts; 
11             amending K.S.A. 1998 Supp. 58-3212 and repealing the existing 
12             section. 
13        
14       Be it enacted by the Legislature of the State of Kansas:  
15              Section  1. K.S.A. 1998 Supp. 58-3212 is hereby amended to read as 
16       follows: 58-3212. (a) The responsible party, at all times after transfer of 
17       the deed to the responsible party, shall: 
18              (1) Perform the duties imposed by K.S.A. 2-1314 and amendments 
19       thereto along the recreational trail; 
20              (2) provide for the safety, use and accessibility of existing easements, 
21       utility facilities and access licenses along the recreational trail; 
22              (3) provide for trail-user education and signs regarding trespassing 
23       laws and safety along the recreational trail; 
24              (4) provide for litter control and the enforcement of laws prohibiting 
25       littering along the recreational trail, including but not limited to trail-user 
26       education and signs about laws prohibiting littering and the provision of 
27       trash receptacles and the cleanup of trash and litter; 
28              (5) develop and maintain the recreational trail in a condition that does 
29       not create a fire hazard; 
30              (6) designate the recreational trail for nonmotorized vehicle use with 
31       exceptions only for motorized wheelchairs and maintenance, law enforce- 
32       ment and emergency vehicles; 
33              (7) prohibit hunting or trapping on or from the recreational trail; 
34              (8) provide for law enforcement along the recreational trail; 
35              (9) grant easements to adjacent property owners to permit such own- 
36       ers to cross the recreational trail in a reasonable manner consistent with 
37       the use of the adjacent property and with K.S.A. 66-301 through 66-303, 
38       and amendments thereto; 
39              (10)  (A) maintain any existing fencing between the trail and adjacent 
40       property; (B) maintain any future fencing installed between the trail and 
41       adjacent property; (C) install between the trail and adjacent property 
42       fencing corresponding in class to that maintained on the remaining sides 
43       of such adjacent property; and (D) on request of an adjacent property 
44       owner, pay one-half the cost of installing fencing between the trail and 
45       such property owner's adjacent property with a fence of the class re- 
46       quested by such property owner, if not all remaining sides of such prop- 
47       erty are fenced; and 
48              (11)  (A) maintain the trail; (B) maintain all bridges, culverts, roadway 
49       intersections and crossings on the trail, essential to the reasonable and 
50       prudent operation of the trail or needed for drainage, flood control or 
51       the use of easements for crossing the trail between adjacent properties, 
52       or cause maintenance thereof by other parties that have assumed con- 
53       tractual responsibility therefor; and (C) install and maintain any warranted 
54       traffic signs on the trail. 
55              (b) If the responsible party is not a governmental entity, the respon- 
56       sible party shall file with the county clerk of each county where a portion 
57       of the recreational trail is or will be located a bond or proof of an escrow 
58       account in a Kansas financial institution, as defined by K.S.A. 16-117 and 
59       amendments thereto, payable to the county.  The bond or proof of an 
60       escrow account shall be filed at the time of transfer of the deed to the 
61       responsible party and annually thereafter.  The bond or escrow account 
62       shall be conditioned on the responsible party's performance, and shall be 
63       in an amount agreed upon between the responsible party and determined 
64       reasonable by the county commission as sufficient to fully cover the an- 
65       nual costs, of: 
66              (1) Weed control along the trail, as required by subsection (a)(1); 
67              (2) litter control along the trail, as required by subsection (a)(4); 
68              (3) maintenance of the trail in a condition that does not create a fire 
69       hazard, as required by subsection (a)(5); 
70              (4) installation and maintenance of fencing between the trail and ad- 
71       jacent property within the county, as required by subsection (a)(10); and 
72              (5) installation and maintenance of signs along the trail, as required 
73       by subsections (a)(3), (a)(4) and (a)(11)(C). 
74              If separate bonds are submitted to or escrow accounts established for 
75       the various counties through which the trail transverses, the annual costs 
76       listed above shall be only for that portion of the trail located within the 
77       particular county that is the holder of the bond or beneficiary of the 
78       escrow.  A responsible party may submit a single bond or escrow account 
79       with multiple counties respectively as coobligees or cobeneficiaries, but 
80       in that event the annual costs used in computation of the bond amount 
81       shall be for the entire trail length. 
82              (c) If the responsible party is not a governmental entity, the respon- 
83       sible party shall file with the county clerk of each county where a portion 
84       of the recreational trail is or will be located, proof of liability insurance 
85       in an amount agreed upon between the responsible party and the county 
86       commission as sufficient.  Such proof shall be filed at the time of transfer 
87       of the deed to the responsible party and annually thereafter. 
88              (d) The provisions of this section shall apply to all recreational trails, 
89       regardless of when approval to enter into negotiations for interim trail 
90       use is or was received from the appropriate federal agency. 
91              (e) The provisions of this section may be modified or supplemented 
92       by any city governing body for recreational trails within the corporate 
93       limits of such city in the manner provided by K.S.A. 12-137 et seq. and 
94       amendments thereto.  If a city governing body adopts requirements in 
95       addition to those provided by this section, the city shall pay all costs of 
96       compliance with such additional requirements. 
97              New Sec.  2. (a) Any responsible party, other than a governmental 
98       entity, who violates or fails to comply with any of the provisions of this 
99       act shall be guilty of a misdemeanor and, upon conviction, shall be pun- 
100       ished by a fine of $100 per day for each day of violation or noncompliance 
101       up to a maximum of $1,500 for each count. 
102              (b) Nothing in this subsection shall invalidate any other remedy avail- 
103       able under law. 
104              (c) This section shall be part of and supplemental to K.S.A. 1998 
105       Supp. 58-3211 through 58-3216, and amendments thereto.  
106        Sec.  3. K.S.A. 1998 Supp. 58-3212 is hereby repealed. 
107         Sec.  4. This act shall take effect and be in force from and after its 
108       publication in the statute book.