Session of 2025
SENATE BILL No. 9
By Committee on Transportation
1-15
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 SB 9 2
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 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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43 SB 9 3
publication in the statute book.1