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STATE OF KANSAS CAPITOL COMPLEX PARKING REGULATIONS

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