Session of 2000
By Committee on Transportation and Tourism

10             AN  ACT enacting the pedestrian safety act.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. As used in this act:
14             (a) "Commission" means the pedestrian safety commission estab-
15       lished in section 2, and amendments thereto;
16             (b) "accessible" means the ability to have access to and the use of
17       intersections, sidewalks, signaling devices and other constructions and
18       designs encountered in the exercise of being a pedestrian with or without
19       a disability;
20             (c) "accessible signaling" means the placement of pedestrian walk
21       signaling devices next to the crosswalks at all corners of an intersection
22       operable from a wheelchair in accordance with the Americans with dis-
23       abilities act accessibility guidelines and which such devices:
24             (1) Have a low volume locating tone which can be heard at a distance
25       of between six and 12 feet on approaching the device;
26             (2) have tactile and large print color contrasted information as to the
27       direction the signaling will ultimately authorize the pedestrian to walk;
28             (3) allow the user to depress the walk button for longer than three
29       seconds which shall in turn raise the volume of the eventual audible walk
30       signal;
31             (4) provide a different vibration to those relying upon tactile com-
32       munication to know when it is safe to walk; and
33             (5) in association with the corresponding device across the street,
34       alternate the sounds made for the pedestrian crossing to allow the pe-
35       destrian to know where the crossing leads.
36             (d) "Pedestrian" means any person of any age who is traveling in the
37       built environment on foot or with the assistance of prosthetic equipment
38       used for the purpose of replacing or augmenting the function of ambu-
39       lating on foot.
40             Sec.  2. (a) There is hereby established the pedestrian safety com-
41       mission. The commission shall be within the department of
42       transportation.
43             (b) The commission shall be composed of nine members appointed


  1       as follows:
  2             (1) One member shall be a traffic engineer employed for that purpose
  3       by the state or a county or city within the state appointed by the governor;
  4             (2) one member shall be a representative of an organization or agency
  5       which provides community based services to persons who are elderly ap-
  6       pointed by the governor;
  7             (3) one member shall be a representative of the elderly community
  8       having expertise in the pedestrian needs of the elderly population ap-
  9       pointed by the governor;
10             (4) one member shall be a person who is blind or who meets the
11       definition of blindness used by the United States social security admin-
12       istration, and who has expertise in the mobility techniques used by blind
13       and severely visually impaired Kansans as well as in accessible intersection
14       design and signage appointed by the governor;
15             (5) one member shall be a representative of pedestrians who use
16       wheelchairs and who has knowledge of accessible design, the Americans
17       with disabilities act accessibility guidelines and other applicable codes and
18       guidance publications concerning accessible design appointed by the
19       governor;
20             (6) one member shall be a public safety or law enforcement officer
21       having expertise in the investigation of pedestrian-vehicle accidents ap-
22       pointed by the governor;
23             (7) one member shall be a representative of parents with school age
24       children having expertise in the pedestrian needs of children appointed
25       by the governor;
26             (8) one member shall be an orientation and mobility specialist who
27       has completed at least a masters degree in orientation and mobility or
28       travel skills of the blind from a university having an accredited program
29       in this field appointed by the governor; and
30             (9) one member shall be a representative of the department of trans-
31       portation appointed by the secretary of transportation.
32             (c) Of the members first appointed by the commission, three shall
33       be appointed for terms of three years, three shall be appointed for terms
34       of two years and three shall be appointed for terms of one year. There-
35       after, members shall be appointed for terms of three years and until their
36       successors are appointed and qualified. In the case of a vacancy in the
37       membership of the commission, the vacancy shall be filled for the unex-
38       pired term. All members appointed to fill vacancies in the membership
39       of the commission and all members appointed to succeed members ap-
40       pointed to the commission shall be appointed in like manner as that pro-
41       vided for the original appointment of the member succeeded.
42             (d) The commission shall meet at least four times annually and at the
43       call of the chairperson or at the request of any five members of the com-


  1       mission. At the first meeting of the commission after January 1 each year,
  2       the members shall elect a chairperson and a vice-chairperson who shall
  3       serve a term of one year. The vice-chairperson shall exercise all of the
  4       powers of the chairperson in the absence of the chairperson.
  5             (e) The first person appointed by the governor to the commission
  6       shall call the first meeting of the commission and shall serve as temporary
  7       chairperson of the commission until a chairperson and vice-chairperson
  8       are elected by the commission at such meeting.
  9             (f) Members of the commission attending meetings of the commis-
10       sion or attending a subcommittee of the commission or other authorized
11       meeting of the commission shall not be paid compensation but shall be
12       paid amounts provided in subsection (e) of K.S.A. 75-3223, and amend-
13       ments thereto.
14             Sec.  3. The commission shall:
15             (a) Oversee the proper planning and construction and maintenance
16       of existing and new pedestrian walks and traffic intersections within all
17       the political subdivisions of the state, ensuring compliance with all pe-
18       destrian provisions of the transportation equity act for the 21st century
19       and applicable provisions of the Americans with disabilities act of 1990,
20       42 U.S.C. 12101 et seq.
21             (b) Receive and approve whether in whole or in part or as modified;
22       comprehensive pedestrian safety plans from cities or counties of the state,
23       which plans shall be due within one year of a request from the commission
24       and shall contain at a minimum:
25             (1) A full analysis of the street and road grid of the covered area;
26             (2) a comparative analysis of traffic volume at intersections located
27       near commercial, public transport terminal, school, church and other
28       community areas where pedestrians would likely be crossing if sidewalk
29       and signaling infrastructures were to be improved;
30             (3) an analysis of those intersections where traffic volume or inter-
31       section configuration rises to the point where pedestrians cannot cross
32       without walk signaling and other improvements;
33             (4) a mobility analysis of how persons living within the area could
34       reasonably walk or use public transportation to safely and efficiently reach
35       all other parts of the area street and road grid; and
36             (5) a cost analysis of what improvements would be needed to equip
37       existing intersections in descending order of priority with accessible sig-
38       naling, and the installation of sidewalks, including curb cuts, spreading
39       back from prioritized intersections and the cost of overall maintenance
40       of the infrastructure once completed.
41             (c) Order the reconfiguration or redesign of intersections where the
42       pedestrian safety is deemed to both be at too high a risk, and there are
43       no safe and efficient alternative routes within a short distance of the


  1       unsafe intersection.
  2             (d) The secretary of transportation, with approval by the commission,
  3       shall appoint a director of pedestrian safety, who shall be in the unclas-
  4       sified service under the Kansas civil service act. 
  5        Sec.  4. This act shall take effect and be in force from and after its
  6       publication in the statute book.