Printable Format68-416. State highway fund; apportionment; city connecting links; use of funds. The state highway fund shall be apportioned as follows:
(a) The secretary of transportation annually shall apportion and distribute quarterly, on the first day of January, April, July and October, to cities on the state highway system from the state highway fund moneys at the rate of $5,000 per year per lane per mile for the maintenance of streets and highways in cities designated by the secretary as city connecting links. Unless a consolidated street and highway fund is established pursuant to K.S.A. 12-1,119, and amendments thereto, all moneys distributed by the secretary shall be credited to the street and alley funds of such cities. All moneys so distributed shall be used solely for the maintenance of city connecting links. Maintenance of such city connecting links shall be as prescribed in K.S.A. 68-416a, and amendments thereto. As used in this subsection, "lane" means the portion of the roadway for use of moving traffic of a standard width prescribed by the secretary. In lieu of such apportionment, the secretary, by and with the consent of the governing body of any city within the state of Kansas, may maintain such streets within the city and pay for such maintenance from the highway fund.
(b) All of the remainder of such highway fund shall be used by the secretary of transportation for:
(1) The construction, improvement, reconstruction and maintenance of the state highway system;
(2) improvements in transportation programs to aid elderly persons, persons with disabilities and the general public;
(3) for any purpose specified in K.S.A. 68-2314b, and amendments thereto;
(4) for any purpose specified in K.S.A. 2024 Supp. 68-2314c, and amendments thereto;
(5) the support and maintenance of the department of transportation;
(6) the expenses of administering the motor vehicle registration and drivers' license laws; and
(7) the payment of losses to department of transportation employees authorized by K.S.A. 75-5062, and amendments thereto.
History: L. 1927, ch. 255, § 7; L. 1929, ch. 225, § 17; L. 1933, ch. 241, § 1; L. 1941, ch. 309, § 1; L. 1949, ch. 344, § 3; L. 1958, ch. 56, § 1 (Budget Session); L. 1959, ch. 264, § 1; L. 1967, ch. 353, § 1; L. 1970, ch. 397, § 4; L. 1974, ch. 271, § 1; L. 1975, ch. 427, § 100; L. 1978, ch. 271, § 4; L. 1979, ch. 211, § 1; L. 1987, ch. 260, § 2; L. 1989, ch. 209, § 28; L. 1994, ch. 236, § 1; L. 1998, ch. 63, § 2; L. 1999, ch. 137, § 10; L. 2010, ch. 156, § 21; L. 2020, ch. 8, § 7; July 1.
Source or Prior Law:
68-602.
Cross References to Related Sections:
Certain townships may turn over maintenance, repair and construction of roads to county, see 68-560, 68-561.
Provisions relating to disposition of motor vehicle and fuel tax moneys, see also 8-145, 8-146, 55-518, 79-3425, 79-3487.
High-type pavement limitation inapplicable, when, see 68-402c.
Allocation of moneys for construction of modern express highways and freeways, see 68-2301.
Availability of moneys in highway fund for construction of interstate bridge across Missouri river, see 68-1611.
Contractual payments to turnpike authority constitute a first lien and claim on moneys in subsection (b)(4), see 68-2073.
CASE ANNOTATIONS
1. Duty of county commissioners to issue and sell necessary bonds. State, ex rel., v. Leavenworth County Comm'rs, 128 Kan. 453, 279 P. 10.
2. Cited in determining question of reimbursement of benefit-district. State, ex rel., v. State Highway Comm., 130 Kan. 456, 458, 286 P. 244.
3. Highway commission must pay benefit-district portion from general funds. State, ex rel., v. Johnson County Comm'rs, 131 Kan. 403, 413, 292 P. 921.
4. Benefit-district projects not affected by paving limitation. State, ex rel., v. Johnson County Comm'rs, 131 Kan. 403, 414, 415, 292 P. 921.
5. Duty of commission to settle with counties for money spent on state roads. State, ex rel., v. State Highway Comm., 132 Kan. 327, 328, 329, 334, 295 P. 986.
6. Cited in holding county liable for cost of bridge on benefit-district road. State, ex rel., v. Sumner County Comm'rs, 132 Kan. 870, 874, 297 P. 658.
7. Commission not authorized to reimburse cities for improvement of designated streets. State, ex rel., v. State Highway Comm., 136 Kan. 652, 17 P.2d 839.
8. Commission not liable to pay cost of improvement within city. State, ex rel., v. State Highway Comm., 137 Kan. 800, 812, 22 P.2d 969.
9. Cited in holding county bridge funds lawfully expended on state highways. State, ex rel., v. State Highway Comm., 138 Kan. 294, 307, 309, 310, 26 P.2d 606.
10. Cited in holding act for federal loan for highways valid. State, ex rel., v. State Highway Comm., 139 Kan. 391, 395, 396, 32 P.2d 493.
11. Acts of 1925 and 1927 did not create state highways. State, ex rel., v. State Highway Comm., 139 Kan. 858, 33 P.2d 324.
12. Cited in holding holder of tax deed not entitled to refund. Beth v. State Highway Comm., 141 Kan. 512, 514, 41 P.2d 721.
13. Commission not liable for interest on outstanding county warrants. First Nat'l Bank v. Wabaunsee County Comm'rs, 145 Kan. 552, 555, 558, 66 P.2d 558.
14. Cited in holding city's claim against county for street maintenance barred by cash-basis law. City of Valley Falls v. Jefferson County Comm'rs, 148 Kan. 429, 431, 82 P.2d 1088.
15. Cited; county may rescind resolution apportioning funds to city under K.S.A. 68-424. City of Ellsworth v. Wilson, 149 Kan. 486, 487, 488, 87 P.2d 611.
16. County not required to pay allocated portions to townships; statute construed. Emporia Township v. Williams, 149 Kan. 860, 861, 863, 864, 89 P.2d 919.
17. County operating under K.S.A. 68-424 not liable to cities under 68-506e. City of Chetopa v. Labette County Comm'rs, 155 Kan. 886, 887, 888, 889, 890, 891, 892, 893, 130 P.2d 614. Rehearing denied: 156 Kan. 290, 291, 133 P.2d 174.
18. Paragraph (2) discussed in construing K.S.A. 68-424, 68-506e; history of section. City of Chetopa v. Labette County Comm'rs, 155 Kan. 886, 887, 888, 889, 890, 891, 892, 893, 130 P.2d 614. Rehearing denied: 156 Kan. 290, 291, 133 P.2d 174.