CHAPTER 15 HOUSE BILL No. 2045 An Act relating to railroads; concerning railroad crossings; amending K.S.A. 66-227 and 66-229 and repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 66-227 is hereby amended to read as follows: 66-
227. It is hereby made the duty of every person or corporation owning
or operating any railroad crossed by a public highway, county highway or
township road to make, and keep in good repair, good and sufficient
crossings for such highway, road or street over their tracks, including all
the grading, bridges, ditches, and culverts within their right-of-way that
may be necessary to make a safe crossing as hereinafter provided. Said
crossings shall not be less than twenty-four feet in width on county roads
or twenty feet in width on township roads, and shall be on the same grade
as the track for thirty feet on each side of the center of said track, unless
the board of county commissioners shall find the same to be unnecessary,
and the approaches thereto shall not exceed a six percent grade and shall
be solidly constructed of the same material throughout, except that next
to the rail any suitable material may be used that will prevent the settling
against the rails of any material used in said crossing, with no openings
or filled spaces therein, except such as is necessary for the rails; and, for
railroad crossings, such material shall be wood, gravel, crushed rock, con-
crete, burned clay or slag at the discretion of said company and of a
permanent thickness equal to the height of the railroad rails. The vertical
profile or alignment of the centerline of the highway, road or street
through the crossing shall comply with the American association of state
highway and transportation officials (AASHTO) design manual titled, ``a
policy on geometric design of highways and streets'' as published and in
effect on January 1, 2001.

      That When the highway crossing the track is improved by the construc-
tion of a hard-surfaced road, the railroad company shall pave the space
between the rails and for a distance of two feet on each side thereof with
a pavement of the same or a better type for the full width of the pavement
on the highway. On other crossings where the highway has not been
improved, the planking or other material used between and for a distance
of one foot outside of the rails shall be of sufficient length to provide for
a 16-foot a length to equal the roadway width measured perpendicular to
the axis of the highway: Provided further, That. Nothing in this act shall
be construed to repeal any provision of law relating to railroad crossings
on streets in cities of the first and second class.

      Sec.  2. K.S.A. 66-229 is hereby amended to read as follows: 66-229.
Upon complaint, it is hereby made the duty of every county engineer and
road overseer supervisor in this state to see that this act is complied with
in his such person's jurisdiction, and to report to the county attorney of
his such person's county every failure on the part of any person or cor-
poration to comply with this act, and. It is hereby made the duty of the
county attorney of each county in the state to enforce this act.

 Sec.  3. K.S.A. 66-227 and 66-229 are hereby repealed.
 Sec.  4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved March 15, 2001.
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