Session of 1999
HOUSE BILL No. 2442
By Representative Howell
9 AN ACT relating to bridges; concerning obstruction of streams; provid-
10 ing for studies; amending K.S.A. 1998 Supp. 68-416 and repealing the
11 existing section.
13 Be it enacted by the Legislature of the State of Kansas:
14 New Section 1. (a) Any city or county may request the chief engineer
15 of the division of water resources of the department of agriculture to
16 conduct a study to determine whether a bridge located on the state high-
17 way system is causing or is a factor in causing a stream obstruction.
18 (b) The furnishing of any such study services by the division of water
19 resources shall be a transaction between the secretary of agriculture and
20 the department of transportation and such transaction shall be settled in
21 accordance with the provisions of K.S.A. 75-5516, and amendments
23 (c) All moneys received for reimbursement of the division of water
24 resources under this section shall be deposited to the credit of the bridge
25 obstruction study fund, which fund is hereby created in the state treasury.
26 All expenditures from the bridge obstruction study fund shall be made in
27 accordance with appropriation acts upon warrants of the director of ac-
28 counts and reports issued pursuant to vouchers approved by the secretary
29 of the department of agriculture or by a person designated by the
31 (d) If the study conducted under this section, makes a determination
32 that the bridge is obstructing or is a major factor in obstructing a stream,
33 the secretary of transportation shall take corrective measures, including,
34 but not limited to, the reconstruction or replacement of such bridge.
35 Sec. 2. K.S.A. 1998 Supp. 68-416 is hereby amended to read as fol-
36 lows: 68-416. (a) All funds received by the various counties from the sale
37 of benefit-district bonds heretofore or hereafter issued, under the pro-
38 visions of K.S.A. 68-701 and 68-709, and amendments thereto, shall be
39 transferred by the county treasurers to the state treasurer to be placed in
40 the highway fund. Such amounts shall be expended in the counties from
41 which they are received and for the purposes for which such bonds were
42 issued. Nothing in this act shall be construed to relieve any county in
43 which a benefit district has been organized under the provisions of K.S.A.
HB 2442 2
1 68-701 et seq., and amendments thereto, from the duty and liability to
2 issue and sell bonds under the provisions thereof in the amount necessary
3 to pay such part of the cost of the construction of such benefit district
4 roads in the benefit district required to be paid by the county, township
5 and benefit district. Any unexpended balance remaining in the fund in
6 which is placed that part of the fees for registration sent to the vehicle
7 department or other official designated by law to receive the same, and
8 appropriated for use in the administration of the motor-vehicle registra-
9 tion act, unexpended at the end of any calendar year, shall be placed in
10 the highway fund.
11 (b) The state highway fund shall be apportioned as follows:
12 (1) The fund known as the "state highway benefit district fund" is
13 discontinued and hereafter the highway fund shall be used for the pay-
14 ment and reimbursement of benefit district costs and assessments for
15 such benefit districts that have been and may hereafter be constructed
16 as a part of the state highway system. On the effective date of this act the
17 state treasurer shall transfer all state highway benefit district funds to the
18 highway fund.
19 (2) The secretary of transportation annually shall apportion and dis-
20 tribute quarterly to cities on the state highway system from the highway
21 fund moneys at the rate of $2,000 per lane per mile for the maintenance
22 of streets and highways in cities designated by the secretary as city con-
23 necting links. Unless a consolidated street and highway fund is established
24 pursuant to K.S.A. 12-1,119, and amendments thereto, all moneys dis-
25 tributed by the secretary shall be credited to the street and alley funds
26 of such cities. All moneys so distributed shall be used solely for the main-
27 tenance of city connecting links. Maintenance of such city connecting
28 links shall be as prescribed in K.S.A. 68-416a, and amendments thereto.
29 As used in this subsection, "lane" means the portion of the roadway for
30 use of moving traffic of a standard width prescribed by the secretary. In
31 lieu of such apportionment, the secretary, by and with the consent of the
32 governing body of any city within the state of Kansas, may maintain such
33 streets within the city and pay for such maintenance from the highway
35 (3) All of the remainder of such highway fund shall be used by the
36 secretary of transportation for: (A) The construction, improvement, re-
37 construction and maintenance of the state highway system; (B) improve-
38 ments in transportation programs to aid the elderly and disabled; (C) the
39 support and maintenance of the department of transportation; (D) the
40 expenses of administering the motor vehicle registration and drivers' li-
41 cense laws;
and (E) the payment of losses to department of transportation
42 employees authorized by K.S.A. 1998 Supp. 75-5062, and amendments
43 thereto; and (F) the payment of expenses for bridge studies under section
HB 2442 3
1 1, and amendments thereto. All apportionments and distribution provided
2 for by this section shall be made quarterly on the first day of January,
3 April, July and October of each year.
4 Sec. 3. K.S.A. 1998 Supp. 68-416 is hereby repealed.
5 Sec. 4. This act shall take effect and be in force from and after its
6 publication in the statute book.