HOUSE BILL No. 2168
AN ACT concerning United States public land surveys; relating to reports filed with the
state historical society; extending the time to file such reports from 30 to 90 days;
amending K.S.A. 2024 Supp. 58-2011 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 58-2011 is hereby amended to read
as follows: 58-2011. (a) Whenever a survey originates from a United
States public land survey corner or any related accessory, the land
surveyor shall file a reference report for each corner or accessory with
the secretary of the state historical society and with the county surveyor
for the county or counties in which the survey corner exists. If there is
no county surveyor of such county, such reference report shall be filed
with the county engineer. If there is no county engineer, such report
shall be filed in the office of the county road department or in a county
office designated by the county commission. Reports filed with the
secretary of the state historical society may be filed and retrieved using
electronic technologies if authorized by the secretary. Such report shall
be filed within 30 90 days of the date the references are made. At the
time of filing such report with the secretary of the state historical
society, the land surveyor shall pay a filing fee in an amount fixed by
rules and regulations of the secretary of the state historical society. Fees
charged for filing and retrieval of such reports may be billed and paid
periodically.
(b) Any person engaged in an activity in which a United States
public land survey corner or any related accessory is likely to be
altered, removed, damaged or destroyed, shall have a person qualified
to practice land surveying establish such reference points as necessary
for the restoration, reestablishment or replacement of the corner or
accessory. The land surveyor shall file a reference report with the
secretary of the state historical society and with the county surveyor for
the county or counties in which the survey corner exists. Such report
shall be filed within 30 90 days of the date the references are made. At
the time of filing such report with the secretary of the state historical
society, the land surveyor shall pay a filing fee in an amount fixed by
rules and regulations of the secretary of the state historical society.
(c) Upon completion of the activity likely to alter, remove,
damage or destroy the public land survey corner or related accessory,
the land surveyor shall review the survey corner and its accessories. If
the survey corner or any accessory has been altered, removed, damaged
or destroyed, the land surveyor shall replace the corner or accessory
with a survey monument and file a restoration report with the secretary
of the state historical society and the county surveyor in the county or
counties in which it existed. If the survey corner and accessories are not
damaged during the activity, a restoration report so stating shall be filed
with the secretary of the state historical society and county surveyor's
office. Such report shall be filed within 30 90 days after the activity is
completed. At the time of filing such report with the office of the
secretary of the state historical society the land surveyor shall pay a
filing fee in an amount fixed by rules and regulations of the secretary of
the state historical society.
(d) Failure to comply with the filing requirements of this section
shall be grounds for the suspension or revocation of the land surveyor's
license.
(e) The secretary of the state historical society may produce,
reproduce and sell maps, plats, reports, studies and records relating to
land surveys. The secretary of the state historical society shall charge a
fee in an amount to be fixed by rules and regulations of the secretary
for the furnishing of information retrieved from records filed pursuant
to this section and for reproductions or copies of maps, plats, reports,
studies and records filed in such office.
(f) All moneys collected by the secretary of the state historical
society under the provisions of this section shall be remitted to the state
treasurer in accordance with the provisions of K.S.A. 75-4215, and
amendments thereto. Upon receipt of each such remittance, the state HOUSE BILL No. 2168—page 2
treasurer shall deposit the entire amount in the state treasury. Ten
percent of each such deposit shall be credited to the state general fund
and the balance shall be credited to the land survey fee fund, which is
hereby created. All expenditures from such fund shall be made in
accordance with appropriation acts upon warrants approved by the
secretary of the state historical society or a person designated by the
secretary of the state historical society and shall be used only for the
purpose of paying the costs incurred in administering the provisions of
this act. After the effective date of this act, any reference to the
secretary of state in regard to appropriations to the land survey fee fund
shall be deemed to refer to the secretary of the state historical society.
(g) The failure of any person to have a land surveyor establish
reference points as required by subsection (b) shall be a class C
misdemeanor.
Sec. 2. K.S.A. 2024 Supp. 58-2011 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and was
adopted by that body
HOUSE adopted
Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE
as amended
SENATE adopted
Conference Committee Report
President of the Senate.
Secretary of the Senate.
APPROVED
Governor.