Kansas Statutes Annotated

K.S.A. § 74-2105 (2026)

Principal function of highway patrol; uniforms required, exceptions; security for public officials; superintendent to supervise and manage capitol police; security of transportation of governor and governor's family; use of aircraft; advise with legislative coordinating council

✓ current as of May 2026

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74-2105. Principal function of highway patrol; uniforms required, exceptions; security for public officials; superintendent to supervise and manage capitol police; security of transportation of governor and governor's family; use of aircraft; advise with legislative coordinating council. (a) (1) The principal function of the Kansas highway patrol shall be enforcement of the traffic and other laws of this state relating to highways, vehicles and drivers of vehicles except as otherwise provided in this subsection (a). The superintendent and members of the highway patrol in performing their duties under this act shall wear badges and uniforms of office. The superintendent may designate members to perform security duties for public officials and other duties as directed by the superintendent. The superintendent may perform duties under this act whether or not wearing a badge and uniform. Such members may serve without uniform and without open display of badges.

(2) The superintendent or the superintendent's designee shall designate the mode of transportation deemed necessary for the purpose of providing security for the governor and the governor's family.

(3) Subject to approval by the federal aviation administration of an exemption from applicable federal aviation administration regulations, when the governor elects to travel by state-owned vehicle or aircraft for political or personal business and the superintendent has not deemed such transportation necessary for the security of the governor or the governor's family, the governor may use such vehicle or aircraft and reimburse the state of Kansas for its use in an amount determined by the secretary of administration.

(b) In addition to the duties otherwise prescribed by law, the superintendent of the highway patrol shall supervise and manage the capitol police. In the supervision and management of the duties of the capitol police in and around the state capitol building, the superintendent of the highway patrol shall advise with the legislative coordinating council.

History: L. 1972, ch. 291, § 1; L. 1976, ch. 394, § 1; L. 1984, ch. 244, § 22; L. 1985, ch. 249, § 1; L. 2001, ch. 172, § 1; L. 2006, ch. 107, § 1; L. 2012, ch. 98, § 1; July 1.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1985–2023 · leading case: Hopkins v. State, 702 P.2d 311 (Kan. 1985).

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Hopkins v. State, 702 P.2d 311 (Kan. 1985). · cites it 2× “K.S.A. 74-2105 et seq., contains no such authority.”

Montgomery v. Saleh, 419 P.3d 8 (Kan. Ct. App. 2018). · cites it 2× “8-1573 (as discussed in Lamb) and K.S.A. 74-2105(a), neither of which specifically reference a legal duty or the persons to whom it is owed.”

Corder v. Kansas Bd. of Healing Arts, 889 P.2d 1127 (Kan. 1994). · cites it 2× “K.S.A. 74-2105 et seq., contains no such authority.”

Hill v. State, 388 P.3d 122 (Kan. Ct. App. 2016). “KHP Procedures In addition to K.S.A. 74-2105 et seq., the laws specifically pertaining to the KHP, KHP has contracted with the Kansas State Trooper Association (KSTA) regarding certain rules.”

Pittman v. Kurtz, 165 F. Supp. 2d 1243 (D. Kan. 2001). · cites it 2× “The Hopkins court held that the Kansas Highway Patrol was not an entity capable of being sued because K.S.A. § 74-2105 et seq. establishes the functions, duties and powers of the entity, but does not grant the Patrol the capacity to be sued.”

Univ. of Kansas Hosp. Auth. v. Bd. of Cnty. Commissioners, 313 P.3d 60 (Kan. Ct. App. 2013). “See K.S.A. 2010 Supp. 74-2105(a); K.S.A. 74-2108; K.”

Prairie Band of Potawatomi Indians v. Wagnon, 276 F. Supp. 2d 1168 (D. Kan. 2003). “Defendants' contention that plaintiff's claims are barred because it omitted any factual contentions relating to whether the named defendants have authority to enforce either of the laws challenged in the pretrial order is equally without merit.”

Bruce v. Kelly (D. Kan. 2023). · cites it 2× “Kan. Stat. Ann. § 74-2105 . KHP is a para-military organization and structured in a similarly hierarchal manner.”

— K.S.A. § 74-2105(a) — 2 cases

Montgomery v. Saleh, 419 P.3d 8 (Kan. Ct. App. 2018). “8-1573 (as discussed in Lamb) and K.S.A. 74-2105(a), neither of which specifically reference a legal duty or the persons to whom it is owed.”

Univ. of Kansas Hosp. Auth. v. Bd. of Cnty. Commissioners, 313 P.3d 60 (Kan. Ct. App. 2013). “See K.S.A. 2010 Supp. 74-2105(a); K.S.A. 74-2108; K.”

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