Session of 1999
By Committee on Federal and State Affairs

  9             AN  ACT relating to highways; concerning the state system; amending
10             K.S.A. 1998 Supp. 68-406 and repealing the existing section.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. K.S.A. 1998 Supp. 68-406 is hereby amended to read as
14       follows: 68-406. (a) The secretary of transportation shall designate, adopt
15       and establish and may lay out, open, relocate, alter, vacate, remove, re-
16       designate and reestablish highways in every county in the state, the total
17       mileage of which shall not exceed 10,000 15,000 miles. The total mileage
18       of such highways in each county shall be not less than the sum of the
19       north to south and east to west diameters of the county. The highways so
20       designated shall connect the county seats and principal cities and market
21       centers, and all such highways, including bridges and culverts thereon,
22       shall comprise the state highway system. The secretary of transportation
23       shall make such revisions, classifications or reclassifications in the state
24       highway system as are found on the basis of engineering and traffic study
25       to be necessary, and such revisions, classifications or reclassifications may
26       include, after due public hearing, removal from the system of roads which
27       have little or no statewide significance, and the addition of roads which
28       have statewide importance and will provide relief for traffic congestion
29       on existing routes on the system. All roads which have been placed upon
30       the state highway system shall be a part of the state highway system, but
31       changes may be made in the state highway system when the public safety,
32       convenience, economy, classification or reclassification require such
33       change. The total mileage of the state highway system shall not be ex-
34       tended except by act of the legislature. Highways designated under this
35       section shall be state highways, and all other highways outside of the city
36       limits of cities shall be either county roads or township roads as provided
37       for by law. The state highway system thus designated shall be constructed,
38       improved, reconstructed and maintained by the secretary of transporta-
39       tion from funds provided by law.
40             (b) In addition to highways of the state highway system, the secretary
41       of transportation shall designate in those cities on such system certain
42       streets as city connecting links. "City connecting link" means a routing
43       inside the city limits of a city which: (1) Connects a state highway through
44       a city; (2) connects a state highway to a city connecting link of another
45       state highway; (3) is a state highway which terminates within such city;
46       (4) connects a state highway with a road or highway under the jurisdiction
47       of the Kansas turnpike authority; or (5) begins and ends within a city's
48       limits and is designated as part of the national system of interstate and
49       defense highways.
50             (c) The secretary of transportation may mark and maintain existing
51       roads as detours, but detour roads shall not be a part of the state highway
52       system, except that such roads shall be marked and maintained by the
53       secretary of transportation only until that portion of the state highway
54       system for which such road is substituted is completed and open for
55       travel.
56             (d) The secretary of transportation may use moneys appropriated
57       from the state highway fund for the purchase of right-of-way, construc-
58       tion, improvement, reconstruction and maintenance of a highway over
59       the most direct and practicable routes from state highways to a state lake,
60       a federal lake or reservoir established by federal authority, any property
61       managed or controlled by the department of wildlife and parks, national
62       monuments and national historical sites, military reservations, motor car-
63       rier inspection stations, approaches and connections within an urban area,
64       as defined by federal highway laws, places of major scenic attractions
65       which possess unusual historical interest, as defined by subsections (1)
66       and (2) of K.S.A. 76-2018, and amendments thereto, on which the state
67       now holds or may hereafter hold a long-term lease, a state institution,
68       from the city limits of the nearest city to a state institution, a state-owned
69       natural and scientific preserve, as defined by subsection (b) of K.S.A. 74-
70       6603, and amendments thereto, or such road or roads located within the
71       boundaries of a state park and not presently maintained by a federal
72       agency as shall be designated by the secretary of transportation. Such
73       highways or roads shall not be a part of the state highway system, and the
74       secretary of transportation is not required to plan, design or construct
75       such highways or roads in conformity with the standards applicable to the
76       state highway system.
77             (e) The secretary of transportation may make reroutings of any por-
78       tion of the state highway system if such rerouting is required in writing
79       by the United States department of transportation of the federal highway
80       administration before it will permit federal funds to be used thereon. The
81       secretary of transportation shall have control and regulation for purposes
82       of posting speed limits and establishing access and egress facilities on any
83       and all portions of streets and roads which are, or have been, a part of
84       the state highway system, and which have been or may be, placed inside
85       of the limits of an incorporated city by the creation of a new municipality
86       or by the extension of the limits or boundaries of any existing municipality.
87             (f) Except pursuant to article 21 of chapter 68 of Kansas Statutes
88       Annotated, only the secretary of transportation may authorize temporary
89       closing of any part of the state highway system by any person for any
90       purpose in the interest of the state. Every authorization granted under
91       this subsection shall be granted subject to conditions specified by the
92       secretary to provide for (1) proper detours, signing and markings, (2)
93       timing which will not unreasonably inconvenience the public, and (3) such
94       additional conditions as are appropriate to avoid unreasonable risk of in-
95       jury to any person. Such requests shall be made in writing and submitted
96       to the secretary at least five days prior to the closing date. In emergencies,
97       temporary closing may be authorized by the secretary by oral communi-
98       cations. The secretary may waive all or any part of the notice otherwise
99       required by this subsection.
100             Except as provided in subsection (g), any person failing or neglecting
101       to comply with the provisions of this subsection, upon conviction, shall
102       be guilty of a nonperson unclassified misdemeanor.
103             (g) In cases of sudden emergency, temporary closing of any part of
104       the state highway system may be authorized by order of a person desig-
105       nated by the board of county commissioners for an area outside of any
106       city or a person designated by the governing body of a city for an area
107       within such city. In such cases of sudden emergency the person author-
108       izing such closing shall inform the secretary of transportation thereof as
109       soon as practicable and obtain the authorization of the secretary for any
110       additional time thereafter for such closing. 
111       Sec.  2. K.S.A. 1998 Supp. 68-406 is hereby repealed.
112        Sec.  3. This act shall take effect and be in force from and after its
113       publication in the statute book.