Parking Administration: 296-5191
Capitol Police: 296-1818
Article 45: Motor Vehicle Parking on Certain
State-Owned or State-Operated Property in Shawnee County
K.A.R. 1-45-18. Definitions and application of regulations. (a) The following definitions
shall apply to these regulations:
(1) “Director” means the director of facilities management.
(2) “Motor vehicle” shall have the meaning prescribed by K.S.A. 8-126, and amendments thereto.
(3) “Parking permit” or “permit” means a decal, hang tag, electronic key card, or any other
form of parking authorization specified and issued by the secretary, which shall be displayed
in a manner determined by the secretary.
(4) “Person” means the individual, partnership, corporation, association, or governmental
body to whom a motor vehicle is registered as provided in K.S.A. 8-127, and amendments
thereto.
(5) “Secretary” means the secretary of administration or the secretary's designee.
(6) “State agency” shall have the meaning prescribed by K.S.A. 75-4112, and amendments
thereto.
(7) “Visitor” means a person who is not eligible to enter into a parking contract for the
parking lot in which that person’s vehicle is parked.
(b) Each vehicle parked upon any state-owned or state-operated property in Shawnee County,
Kansas shall be parked in compliance with these regulations. These regulations shall not
apply to any of the following:
(1) State-owned or state-operated property in Shawnee County, Kansas, that is under the
jurisdiction and control of any of the following:
(A) The department of corrections;
(B) the Kansas neurological institute;
(C) the juvenile justice authority; or
(D) the Kansas national guard;
(2) the facilities governed by article 46 of these regulations; or
(3) the state highway shops and laboratory. (Authorized by K.S.A. 75-3706, K.S.A. 2003
Supp. 75-4506, and K.S.A. 75-4507; implementing K.S.A. 2003 Supp. 75-4506; effective Feb.
28, 2003; amended, T-__________,__________.)
DEPARTMENT OF ADMINISTRATION
DIVISION OF FACILITIES MANAGEMENT
PROPOSED AMENDED REGULATION
Article 45: Motor Vehicle Parking on Certain
State-Owned or State-Operated Property in Shawnee County
K.A.R. 1-45-19. Application for a parking contract and issuance of a parking permit. (a)
Any state employee or state agency may request to enter into a parking contract for a parking
location at which parking is restricted to vehicles that display a parking permit by submitting
an application in the form and manner determined by the secretary, except that eligibility
to enter into a parking contract for those parking locations may be limited to those state
employees and state agencies with offices located in buildings and facilities specified
by the secretary as associated with the requested parking location.
(b) These regulations shall be considered to be part of each parking contract, and each
state employee or state agency entering into a parking contract shall agree to abide by
all applicable regulations.
(c) A unique parking permit shall be issued for each parking contract that is executed
by a state employee or state agency. The parking permit shall be issued only after the
state employee or state agency has signed the written parking contract and, where required,
paid the fee prescribed by K.A.R. 1-45-21 or K.A.R. 1-45-22.
(d) Each parking permit shall be in a form designated by the secretary. Each state employee
or state agency to which a parking permit is issued shall display the permit in the manner
specified by the secretary. Only one parking permit shall be issued per parking contract,
except that, if the secretary determines that a parking permit is to be displayed by permanently
affixing the permit to the vehicle, the parking permit may be issued to a state employee
in a manner that permits display of the parking permit in a maximum of two vehicles. Any
permit issued to a state agency may be restricted by time period or location, or both.
(e) When a parking contract is cancelled or terminated, the parking permit issued in connection
with that parking contract shall be invalid and shall be returned to the secretary.
(f) A temporary parking permit authorizing parking in a stated location or locations for
a specified period of time may be issued if the secretary determines that doing so would
facilitate conduct of official state business, assist any individual who is visiting a
facility located on property subject to these regulations, or otherwise be in the best
interests of the state. Each application for a temporary parking permit and for renewal
or extension of a temporary parking permit shall be submitted in the form and manner designated
by the secretary. Each temporary parking permit shall be in a form designated by the secretary,
shall be displayed in the manner specified by the secretary, and may be subject to other
reasonable conditions established by the secretary. (Authorized by K.S.A. 75-3706, K.S.A.
2003 Supp. 75-4506 and K.S.A. 75-4507; implementing K.S.A. 2003 Supp. 75-4506; effective
Feb. 28, 2003; amended, T-__________,_________.)
DEPARTMENT OF ADMINISTRATION
DIVISION OF FACILITIES MANAGEMENT
PROPOSED AMENDED REGULATION
Article 45: Motor Vehicle Parking on Certain
State-Owned or State-Operated Property in Shawnee County
K.A.R. 1-45-20. Parking permit required. (a) The provisions of this regulation shall apply
only between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, holidays excepted,
and to those locations at which parking is restricted to vehicles displaying a parking
permit.
(b) Except as otherwise expressly indicated in this regulation, a motor vehicle shall not
be parked in any of the parking locations subject to this regulation, unless the motor
vehicle plainly displays a parking permit that authorizes the motor vehicle to be parked
in that parking location. A motor vehicle with a parking permit shall not be parked on
the statehouse grounds, in a parking lot or garage other than the location for which the
parking permit has been issued, or in stalls that are designated for visitors.
(c)(1) Any motor vehicle displaying the appropriate parking permit for that particular
parking lot or garage may be parked in any parking stall that is not specifically marked
as reserved, or that is not specifically designated or posted for the use and benefit of
specified vehicles, state agencies, or state employees.
(2) Each motor vehicle displaying a temporary permit for parking shall be parked only in
those locations specified by the temporary permit and only on those dates and for the length
of time specified by the temporary permit.
(d) At no time shall more than one vehicle per parking contract use the parking permit
for that contract to park at locations subject to this regulation.
(e) Each parking permit shall be used only by the employee or state agency to which that
parking permit is issued. Parking contracts, parking permits, and temporary permits shall
not be loaned, assigned, sublet, or in any other manner permitted to be used by any other
individual. If a parking permit is designed to be permanently affixed to a specific vehicle,
that parking permit shall not be used for parking any motor vehicle other than that for
which it was specifically issued, except with the prior permission of the secretary. (Authorized
by K.S.A. 75-3706, K.S.A. 2003 Supp. 75-4506, and K.S.A. 75-4507; implementing K.S.A. 2003
Supp. 75-4506; effective Feb. 28, 2003; amended, T-____________,____________.)
DEPARTMENT OF ADMINISTRATION
DIVISION OF FACILITIES MANAGEMENT
PROPOSED NEW REGULATION
Article 45: Motor Vehicle Parking on Certain
State-Owned or State-Operated Property in Shawnee County
K.A.R. 1-45-21. Parking fees. (a)(1) Before January 1, 2007, the parking permit fee, where
required, shall be as follows, except as provided in K.A.R. 1-45-22:
(A) Reserved spaces.
(i) State agencies $17.50 per month
(ii) state employees $8.08 per biweekly fee period
(B) Nonreserved spaces.
(i) State agencies $15.00 per month
(ii) state employees $6.92 per biweekly fee period
(2) Effective on and after January 1, 2007, the parking permit fee, where required, shall
be as follows, except as provided in K.A.R. 1-45-22:
(A) Reserved spaces.
(i) State agencies $25.00 per month
(ii) state employees $11.54 per biweekly fee period
(B) Nonreserved spaces.
(i) State agencies $20.00 per month
(ii) state employees $9.24 per biweekly fee period
(3) The parking permit fee shall be waived for any vehicle in the state vanpool or for
any carpool that has as passengers three or more state employees who have jointly signed
a parking contract and who have been jointly issued a parking permit.
(b) Parking permit fees shall be paid in advance. Each state employee who enters into a
parking contract shall pay the biweekly parking fee by payroll deduction, except for any
fee periods or portion of a fee period before the payroll deduction application is processed.
(c) The parking fee shall not be prorated, and no refunds shall be made for any unused
portions of a fee period. The payment of permit fees shall be a continuing obligation until
terminated in writing by either party to a parking contract.
(d) Metered spaces in designated visitor parking areas shall be charged at the rate of
$.60 per hour. (Authorized by K.S.A. 75-3706, K.S.A. 75-4506, as amended by L. 2002, Ch.
200, Sec. 1, and K.S.A. 75-4507; implementing K.S.A. 75-4506, as amended by L. 2002, Ch.
200, Sec. 1; effective P-_____________.)
DEPARTMENT OF ADMINISTRATION
DIVISION OF FACILITIES MANAGEMENT
PROPOSED NEW REGULATION
Article 45: Motor Vehicle Parking on Certain
State-Owned or State-Operated Property in Shawnee County
K.A.R. 1-45-22. Parking fees for state parking garage. (a) “State parking garage” means
the parking garage located on Jackson avenue between 10th and 11th streets that is owned
by the Topeka public building commission and operated by the state of Kansas.
(b)(1) Notwithstanding the provisions of K.A.R. 1-45-21, the following parking fees shall
apply during the fiscal year beginning July 1, 2002, to state agencies and state employees
with parking contracts for the state parking garage:
(A) State employees $21.19 per biweekly fee period
(B) state agencies $45.90 per month.
(2) On July 1 of fiscal year 2004, the parking fees established under paragraph (b)(1)
shall be increased by 2%. On July 1 of each subsequent fiscal year through fiscal year
2031, the parking fees from the prior fiscal year shall be increased by an additional 2%.
(3) Parking permit fees shall be paid in advance. Each state employee who enters into a
parking contract for the state parking garage shall pay the biweekly parking fee by payroll
deduction, except for any fee periods or portion of a fee period before the payroll deduction
application is processed.
(c) If space in the state parking garage is made available to members of the public either
for parking contracts or for short-term parking, the following parking fees shall apply
to members of the public:
(1) Members of the public with a parking contract shall pay a monthly rate established
under the terms of the parking contract.
(2) Members of the public without a parking permit shall be charged parking fees at the
rate of $.60 per hour or $5.00 per day.
(d) The parking fee shall not be prorated, and no refunds shall be made for any unused
portions of a month or fee period. The payment of parking fees shall be a continuing obligation
until terminated in writing by either party to a parking contract. (Authorized by K.S.A.
75-3706, K.S.A. 75-4506, as amended by L. 2002, Ch. 200, Sec. 1, and K.S.A. 75-4507; implementing
K.S.A. 75-4506, as amended by L. 2002, Ch. 200, Sec. 1; effective P-_____________.)
DEPARTMENT OF ADMINISTRATION
DIVISION OF FACILITIES MANAGEMENT
PROPOSED AMENDED REGULATION
Article 45: Motor Vehicle Parking on Certain
State-Owned or State-Operated Property in Shawnee County
K.A.R. 1-45-23. Parking restrictions. Unless otherwise authorized by the secretary or the
secretary’s designee for reasons of business or emergency, a motor vehicle shall not be
parked in any of the following locations:
(a) A tunnel or archway;
(b) a pedestrian walk;
(c) a driveway;
(d) any location other than within a marked parking stall; or
(e) any location in which the vehicle is double-parked.; or
(f) in any location in which the vehicle is parked in a manner contrary to posted signs
indicating “no parking” or any other parking restrictions. In lieu of posting “no parking”
signs or signs indicating any other parking restrictions, any officer of the capitol area
security patrol or any designee or agent of the director may lawfully prohibit or direct
the parking of a motor vehicle upon any property subject to these regulations. The order
of an officer of the capitol area security patrol or a designee or agent of the director
shall take precedence over any parking permit or posted sign. (Authorized by K.S.A. 75-3706,
K.S.A. 2003 Supp. 75-4506, and K.S.A. 75-4507; implementing K.S.A. 2003 Supp. 75-4506;
effective Feb. 28, 2003; amended, T-_________,__________.)
DEPARTMENT OF ADMINISTRATION
DIVISION OF FACILITIES MANAGEMENT
PROPOSED AMENDED REGULATION
Article 45: Motor Vehicle Parking on Certain
State-Owned or State-Operated Property in Shawnee County
K.A.R. 1-45-24. Violations and enforcement. (a) Fines.
(1) Except as provided in paragraph (a)(2), in any parking lot or garage for which parking
permits are issued, each person whose vehicle is parked in violation of any of these regulations
shall be subject to the following administrative fines:
(A) First violation $3 fine;
(B) second violation: $10 fine;
(C) third violation: $25 fine; and
(D) each violation after the third violation: the person’s vehicle shall be subject to
being mechanically immobilized or to removal as specified in subsection (c).
A violation shall be deemed to have occurred each time that a motor vehicle is found to
be parked in a manner prohibited by these regulations, except that a second or subsequent
violation shall not be deemed to have occurred on the same day when that motor vehicle
continues in the same violation at the same location.
(2) In metered visitor parking areas, each person whose vehicle is parked after the expiration
of the paid meter time or otherwise in violation of these regulations shall be subject
to the following fines:
(A) First violation: $3 fine; and
(B) subsequent violations in the same day and at least two hours after the previous violation:
$10 fine for each violation.
The administrative fines specified in this paragraph (a)(2) shall apply only to vehicles
not bearing a parking permit. Each person whose vehicle bears a parking permit and is parked
in violation of this paragraph (a)(2) shall be subject to the fines specified in paragraph
(a)(1).
(3) Persons paying the administrative fines specified in this regulation shall not be deemed
guilty of violating these regulations under K.S.A. 75-4508, and amendments thereto, and
shall not be subject to the criminal penalties prescribed by K.S.A. 75-4508, and amendments
thereto. An administrative fee of $25.00 shall be assessed to each person who does not
pay the administrative fine specified in this regulation within 90 days of the date on
which the citation was issued or, if the person submits an appeal as provided under subsection
(b), within 90 days of the date on which the hearing officer affirms the fine.
(b) Appeal of administrative fines.
(1) Any person who is assessed an administrative fine under this regulation may submit
a written appeal of the fine to the director within 10 days of the date on which the fine
was assessed.
(2) A hearing officer shall be appointed by the director to consider each appeal. The fine
may be affirmed, modified, or vacated by the hearing officer based on the written documentation
submitted with the appeal. Before affirming, modifying, or vacating the fine, the person
may be requested by the hearing officer to submit additional information in writing or
in person.
(3) Written notice of the hearing officer’s decision to affirm, modify, or vacate the fine
shall be given to the person within 30 days of the date on which the appeal is received
by the director. The decision of the hearing officer shall be considered a final agency
action, which may be appealed in accordance with K.S.A. 77-601 et seq., and amendments
thereto.
(c) Removal of vehicles. In addition to any criminal penalties imposed under K.S.A. 75-4501
et seq. and amendments thereto or any administrative fines assessed under this regulation,
any motor vehicle, whether privately or publicly owned, that is parked in violation of
any of these regulations may be deemed to be a common nuisance. Upon the direction of the
secretary, the nuisance may be abated through removal and impoundment of the motor vehicle.
The cost of the abatement by removal and impoundment shall be a lien against the motor
vehicle until paid to the director or the director's designee.
(d) Termination of parking contract. Any parking contract may be terminated and any parking
permit may be revoked by the secretary for any violation of the terms and conditions of
the parking contract, these regulations, or any statute pertaining to parking. Each individual
whose contract is terminated under this subsection shall be ineligible for a new parking
contract until all other individuals eligible for parking contracts for whom space was
not available at the time the individual’s parking contract was terminated have been given
an opportunity to enter into a parking contract. (Authorized by K.S.A. 75-3706, K.S.A.
2003 Supp. 75-4506, K.S.A. 75-4507, and K.S.A. 2003 Supp. 75-4508; implementing K.S.A.
75-3762, K.S.A. 2003 Supp. 75-4506 and K.S.A. 2003 Supp. 75-4508; effective Feb. 28, 2003;
amended, T-_________,__________.)
DEPARTMENT OF ADMINISTRATION
DIVISION OF FACILITIES MANAGEMENT
PROPOSED AMENDED REGULATION