Session of 1999
SENATE BILL No. 58
By Committee on Federal and State Affairs
1-14
9 AN ACT relating to highways; concerning the state system; amending
10 K.S.A. 1998 Supp. 68-406 and repealing the existing section.
11
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 1998 Supp. 68-406 is hereby amended to read as
14 follows: 68-406. (a) The secretary of transportation shall designate, adopt
15 and establish and may lay out, open, relocate, alter, vacate, remove, re-
16 designate and reestablish highways in every county in the state, the total
17 mileage of which shall not exceed 10,000 15,000 miles. The total mileage
18 of such highways in each county shall be not less than the sum of the
19 north to south and east to west diameters of the county. The highways so
20 designated shall connect the county seats and principal cities and market
21 centers, and all such highways, including bridges and culverts thereon,
22 shall comprise the state highway system. The secretary of transportation
23 shall make such revisions, classifications or reclassifications in the state
24 highway system as are found on the basis of engineering and traffic study
25 to be necessary, and such revisions, classifications or reclassifications may
26 include, after due public hearing, removal from the system of roads which
27 have little or no statewide significance, and the addition of roads which
28 have statewide importance and will provide relief for traffic congestion
29 on existing routes on the system. All roads which have been placed upon
30 the state highway system shall be a part of the state highway system, but
31 changes may be made in the state highway system when the public safety,
32 convenience, economy, classification or reclassification require such
33 change. The total mileage of the state highway system shall not be ex-
34 tended except by act of the legislature. Highways designated under this
35 section shall be state highways, and all other highways outside of the city
36 limits of cities shall be either county roads or township roads as provided
37 for by law. The state highway system thus designated shall be constructed,
38 improved, reconstructed and maintained by the secretary of transporta-
39 tion from funds provided by law.
40 (b) In addition to highways of the state highway system, the secretary
41 of transportation shall designate in those cities on such system certain
42 streets as city connecting links. "City connecting link" means a routing
43 inside the city limits of a city which: (1) Connects a state highway through
44 a city; (2) connects a state highway to a city connecting link of another
45 state highway; (3) is a state highway which terminates within such city;
46 (4) connects a state highway with a road or highway under the jurisdiction
47 of the Kansas turnpike authority; or (5) begins and ends within a city's
48 limits and is designated as part of the national system of interstate and
49 defense highways.
50 (c) The secretary of transportation may mark and maintain existing
51 roads as detours, but detour roads shall not be a part of the state highway
52 system, except that such roads shall be marked and maintained by the
53 secretary of transportation only until that portion of the state highway
54 system for which such road is substituted is completed and open for
55 travel.
56 (d) The secretary of transportation may use moneys appropriated
57 from the state highway fund for the purchase of right-of-way, construc-
58 tion, improvement, reconstruction and maintenance of a highway over
59 the most direct and practicable routes from state highways to a state lake,
60 a federal lake or reservoir established by federal authority, any property
61 managed or controlled by the department of wildlife and parks, national
62 monuments and national historical sites, military reservations, motor car-
63 rier inspection stations, approaches and connections within an urban area,
64 as defined by federal highway laws, places of major scenic attractions
65 which possess unusual historical interest, as defined by subsections (1)
66 and (2) of K.S.A. 76-2018, and amendments thereto, on which the state
67 now holds or may hereafter hold a long-term lease, a state institution,
68 from the city limits of the nearest city to a state institution, a state-owned
69 natural and scientific preserve, as defined by subsection (b) of K.S.A. 74-
70 6603, and amendments thereto, or such road or roads located within the
71 boundaries of a state park and not presently maintained by a federal
72 agency as shall be designated by the secretary of transportation. Such
73 highways or roads shall not be a part of the state highway system, and the
74 secretary of transportation is not required to plan, design or construct
75 such highways or roads in conformity with the standards applicable to the
76 state highway system.
77 (e) The secretary of transportation may make reroutings of any por-
78 tion of the state highway system if such rerouting is required in writing
79 by the United States department of transportation of the federal highway
80 administration before it will permit federal funds to be used thereon. The
81 secretary of transportation shall have control and regulation for purposes
82 of posting speed limits and establishing access and egress facilities on any
83 and all portions of streets and roads which are, or have been, a part of
84 the state highway system, and which have been or may be, placed inside
85 of the limits of an incorporated city by the creation of a new municipality
86 or by the extension of the limits or boundaries of any existing municipality.
87 (f) Except pursuant to article 21 of chapter 68 of Kansas Statutes
88 Annotated, only the secretary of transportation may authorize temporary
89 closing of any part of the state highway system by any person for any
90 purpose in the interest of the state. Every authorization granted under
91 this subsection shall be granted subject to conditions specified by the
92 secretary to provide for (1) proper detours, signing and markings, (2)
93 timing which will not unreasonably inconvenience the public, and (3) such
94 additional conditions as are appropriate to avoid unreasonable risk of in-
95 jury to any person. Such requests shall be made in writing and submitted
96 to the secretary at least five days prior to the closing date. In emergencies,
97 temporary closing may be authorized by the secretary by oral communi-
98 cations. The secretary may waive all or any part of the notice otherwise
99 required by this subsection.
100 Except as provided in subsection (g), any person failing or neglecting
101 to comply with the provisions of this subsection, upon conviction, shall
102 be guilty of a nonperson unclassified misdemeanor.
103 (g) In cases of sudden emergency, temporary closing of any part of
104 the state highway system may be authorized by order of a person desig-
105 nated by the board of county commissioners for an area outside of any
106 city or a person designated by the governing body of a city for an area
107 within such city. In such cases of sudden emergency the person author-
108 izing such closing shall inform the secretary of transportation thereof as
109 soon as practicable and obtain the authorization of the secretary for any
110 additional time thereafter for such closing.
111 Sec. 2. K.S.A. 1998 Supp. 68-406 is hereby repealed.
112 Sec. 3. This act shall take effect and be in force from and after its
113 publication in the statute book.