68-404. Powers and duties of secretary of transportation.
68-404
68-404. Powers and duties of secretary oftransportation.The secretary of transportation shall have the following powers, duties,authority and jurisdiction:
(a) General supervision over the administration of all road and bridge lawsand over the construction and maintenance of all roads, bridges and culvertsthroughout the state, except that such supervision by the secretary shall notextend to township roads, except that any township road for which federal aidis granted shall be under the supervision of the secretary;
(b) to compile information concerning the road, bridge and culvert materialsof the state and furnish such information to boards of county commissioners,township highway commissioners, county engineers and other highway officials;the secretary shall answer all inquiries of such officials concerning highwayconstruction and maintenance and shall advise them of the reasonable prices formaterials and construction work;
(c) devise and adopt standard plans and specifications for road, bridge andculvert construction and maintenance suited to the needs of the differentcounties of the state and furnish them to county engineers;
(d) make a biennial report for the use of the legislature and may issuebulletins and pamphlets, which shall be printed as public documents;
(e) carry on such other highway educational work, and may cooperate with thestate and national organizations for the support and advancement of highwayconstruction;
(f) may make investigations of the highway conditions in any county, assistboards of county commissioners and the attorney general in the prosecution ordefense of patent suits relative to road and bridge construction when sorequested, and the secretary shall report any violations of the law to theattorney general who shall take such steps as are necessary regarding suchviolations;
(g) to enter upon any property to make surveys, examinations,investigations, and tests, and to acquire other necessary and relevant data incontemplation of (1) establishing the location of a road, street or highway;(2) acquiring land, property, and road building materials; or (3) performingother operations incident to highway construction, reconstruction ormaintenance. Prior to entering upon any such property the secretary shallfirst request permission of the landowner to do so. Where consent to do thethings authorized in this subsection (g) is not given to the secretary by theowner or occupant of the land involved, the secretary may proceed as authorizedafter giving 10 days written notice to landowner or occupant of the secretary'sintention to conduct such surveys, examinations, investigations and tests. Entry upon any property, pursuant to this subsection, shall not be consideredto be a legal trespass and no damages shall be recoverable on that accountalone. In case of any actual or demonstrable damages to the premises, thesecretary shall pay the owner of the premises the amount of the damages. Uponfailure of the landowner and such secretary to agree upon the amount of damagesthe landowner may file an action against the secretary in the district courtof the county in which the land is situated to recover such damages;
(h) to make tests, do research, to inspect and test all materials, supplies,equipment, and machinery used for state highway purposes or highway projectsinvolving federal funds, and to develop methods and procedures for thispurpose. Tests of such materials, supplies or equipment may be made available,upon payment of actual costs therefor, to any federal agency or politicalsubdivision of the state;
(i) to maintain and develop testing laboratories to carry out therequirements of this act;
(j) to perform such other acts and duties and exercise such authority aswill give the provisions of this act and other laws relating to the secretaryor department of transportation full force and effect;
(k) to adopt rules and regulations to carry out the provisions of this actand any other laws relating to the secretary or department of transportation;
(l) to adopt rules and regulations relating to debarment and suspension ofcontractors for cause; and
(m) to prepare a report and make a presentation to the legislature asrequired by K.S.A. 75-3516 and amendments thereto.
History: L. 1917, ch. 264, § 6; R.S. 1923, 68-404; L. 1961, ch.301, § 1; L. 1975, ch. 427, § 82; L. 1982, ch. 279, § 1;L. 2001, ch. 153, § 2; July 1.