Session of 1999
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
22       thereto.
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
30       secretary.
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


  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
34       fund.
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


  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.