Chapter 213

SENATE BILL No. 714

An Act concerning the state educational institutions; relating to regulation and control of traffic and parking; amending K.S.A. 74-3209, 74-3210, 74-3211, 74-3212, 74-3213 and 74-3215 and repealing the existing sections; also repealing K.S.A. 74-3210a and 74-3214.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 74-3209 is hereby amended to read as follows: 74- 3209. As used in this act:

(a) ``Institution'' means the university of Kansas, university of Kansas medical center, Kansas state university of agriculture and applied science, Wichita state university, Emporia state university, Pittsburg state univer- sity, Fort Hays state university, and Kansas state university -- Salina, college of technology;

(b) ``board'' ``governing authority'' means the state board of regents or the chief executive officer of an institution if such officer has been designated by the state board to act on its behalf in exercising the au- thority of the board to care for, control, maintain and supervise all roads, streets, driveways and parking facilities for vehicles on the grounds of the institution; and

(c) ``vehicle'' means motor vehicle, motorized bicycle and bicycle.

Sec. 2. K.S.A. 74-3210 is hereby amended to read as follows: 74- 3210. (a) All roads, streets, driveways and parking facilities for vehicles on the grounds of each institution shall be under the care, control, main- tenance and supervision of the state board of regents. The state board of regents may designate the chief executive officers of the institutions to act on behalf of the state board in exercising the authority provided under this subsection for the care, control, maintenance and supervision of all roads, streets, driveways and parking facilities for vehicles on the grounds of the institutions.

(b) No vehicle, whether privately or publicly owned, may be parked upon institution parking facilities except as authorized by the board gov- erning authority of the institution. The board governing authority of an institution is authorized to allocate and designate parking areas on the grounds of an the institution and may authorize institutions to issue per- mits to use such parking areas to its officers or employees and to the students attending such institutions institution; to allocate parking areas to those persons having business appointments or to guests of such insti- tutions institution; and to fix such fees for misuse of such parking areas by the officers, employees or students attending such institutions insti- tution and by all other persons parking a vehicle at such institution, as shall be established by the rules and regulations of the board policies.

Any vehicle parked upon any of the parking facilities of an institution without the permission of the board or its governing authority of the institution or the authorized institution agents shall be deemed a common nuisance, and the board governing authority shall provide for the abate- ment of such nuisance by providing by adoption of rules and regulations for policies relating to the removal and impounding of such vehicle. The cost of such abatement and removal and impounding shall be a lien against the vehicle until paid by the owner or the owner's representative.

Sec. 3. K.S.A. 74-3211 is hereby amended to read as follows: 74- 3211. The board governing authority of an institution may adopt and enforce through its authorized institution agents rules and regulations policies governing the parking of vehicles upon the roads, streets, drive- ways and parking facilities of an the institution and also rules and regu- lations policies prescribing speed limits on the roads, streets, driveways and grounds of an the institution. The rules and regulations policies pre- scribing speed limits shall be publicly posted at or on roads, streets, drive- ways, grounds or parking facilities to which the same are applicable and in the manner prescribed by the board governing authority of the insti- tution.

Sec. 4. K.S.A. 74-3212 is hereby amended to read as follows: 74- 3212. In those instances where an institution is located within the cor- porate limits of a city, the board governing authority of the institution may agree or consent that ordinances of such city pertaining to parking and traffic regulations on city streets shall apply to all or part of the roads, streets and driveways on the grounds of such institution, and when such agreement or consent has been made or given by the board governing authority of the institution, then such city ordinances shall apply to all or part of the roads, streets and driveways of the institution as shall have been designated by the board governing authority in its the agreement or consent. Persons violating such ordinances shall be subject to prose- cution in the municipal court of the city, and summonses may be issued by the city for such violations.

Sec. 5. K.S.A. 74-3213 is hereby amended to read as follows: 74- 3213. The board governing authority of an institution may provide for the charging and collection of fees for the use of parking facilities at an the institution, and these and all fees for misuse of parking areas so col- lected shall be placed in a separate account and may be used by the institution where collected for payment of the expense of enforcing the rules and regulations policies governing parking and speed limits and the construction, acquisition, maintenance and repair of parking facilities for vehicles at such institution.

Sec. 6. K.S.A. 74-3215 is hereby amended to read as follows: 74- 3215. Any person, firm, association or corporation who shall violate which violates any of the provisions of this act or any rule or regulation policy made thereunder shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than twenty-five dollars ($25) $25.

Sec. 7. K.S.A. 74-3209, 74-3210, 74-3210a, 74-3211, 74-3212, 74- 3213, 74-3214 and 74-3215 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its publication in the statute book.

Approved May 11, 1996.