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68-2003. Kansas turnpike authority; membership; terms; qualifications; vacancies; removal, when; oath or affirmation; officers; quorum; compensation and expenses. (a) There is hereby created a body politic and corporate to be known as the Kansas turnpike authority. The authority is hereby constituted a public instrumentality and the exercise by the authority of the powers conferred by this act in the construction, operation and maintenance of turnpike projects shall be deemed and held to be the performance of an essential governmental function.

(b) The Kansas turnpike authority shall consist of five members. Two members shall be appointed by the governor for terms of four years. The members appointed by the governor shall be residents of the state and shall each year be owners of revenue bonds issued by the Kansas turnpike authority. One member of the authority shall be the secretary of transportation. One member shall be the chairperson of the committee on transportation of the senate, and one member shall be a member of the committee on transportation of the house of representatives and shall be appointed by the speaker of the house of representatives. Any person appointed by the governor to fill a vacancy on the authority shall be appointed to serve only for the unexpired term, and a member of the authority shall be eligible for reappointment. A member of the authority may be removed by the governor for misfeasance, malfeasance or willful neglect of duty, but only after reasonable notice and a public hearing conducted in accordance with the provisions of the Kansas administrative procedure act. Each member of the authority, before entering upon the member's duties, shall take and subscribe an oath or affirmation as required by law.

(c) The authority shall elect one member as chairperson of the authority and another as vice-chairperson. The authority shall also elect a secretary-treasurer who need not be a member of the authority. The chairperson, vice-chairperson and secretary-treasurer shall serve as officers at the pleasure of the authority. Three members of the authority shall constitute a quorum and the affirmative vote of three members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

(d) Members of the Kansas turnpike authority attending meetings of such authority, or attending a subcommittee meeting thereof authorized by such authority, shall be paid compensation, subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223, and amendments thereto.

(e) On and after July 1, 2013, the secretary of transportation shall serve as the director of the authority. The director shall be responsible for the daily administration of the toll roads, bridges, structures and facilities constructed, maintained or operated pursuant to this act. The director or the director's designee shall have such powers as are necessary to carry out these responsibilities.

History: L. 1953, ch. 308, § 3; L. 1961, ch. 307, § 1; L. 1967, ch. 434, § 19; L. 1969, ch. 250, § 3; L. 1973, ch. 268, § 1; L. 1974, ch. 348, § 34; L. 1975, ch. 355, § 1; L. 1975, ch. 427, § 169; L. 1982, ch. 347, § 28; L. 1988, ch. 356, § 271; L. 1998, ch. 182, § 26; L. 2013, ch. 113, § 1; L. 2015, ch. 8, § 1; July 1.

Cross References to Related Sections:

Purchase of certain insurance for employees of authority, see 75-4101a.

Attorney General's Opinions:

Directors of Kansas technology enterprise corporation are covered by Kansas tort claims act. 86-155.

Kansas turnpike authority board members; state officers or employees defined; unclassified civil service. 93-135.


1. Act construed and held constitutional. State, ex rel., v. Kansas Turnpike Authority, 176 Kan. 683, 693, 273 P.2d 198. Followed: State, ex rel., v. Fadely, 180 Kan. 652, 653, 667, 668, 689, 698, 308 P.2d 537.

2. K.T.A. not clothed with governmental immunity from suit. Pennington v. Kansas Turnpike Authority, 180 Kan. 638, 639, 305 P.2d 849.

3. Mentioned in discussing liability of Turnpike Authority for certain torts. Anderson Cattle Co. v. Kansas Turnpike Authority, 180 Kan. 749, 753, 308 P.2d 172.

4. Authority is immune from tort liability for personal injuries. Hosterman v. Kansas Turnpike Authority, 183 Kan. 589, 331 P.2d 226; Hosterman v. Turnpike Authority, 183 Kan. 590, 592, 593, 331 P.2d 323.

5. General manager of Kansas Turnpike Authority is not an officer within contemplation of Kansas constitution; employment contract binding. Kirchner v. Kansas Turnpike Authority, 336 F.2d 222, 223, 224, 226, 230.

6. Cited; held, district court did not err in sustaining a motion to dismiss plaintiff's petition seeking recovery of damages for personal injuries alleged to have been sustained from turnpike authority's creation or maintenance of a nuisance. Woods v. Kansas Turnpike Authority, 205 Kan. 770, 472 P.2d 219.

7. Mentioned in holding the Kansas turnpike authority to be a state agency; governmental immunity statute unconstitutional when applied to highway defect. Flax v. Kansas Turnpike Authority, 226 Kan. 1, 5, 596 P.2d 446.

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