reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-151 Certified copies of documents; admissibility.

66-151.
Certified copies of documents; admissibility.
Subject to the provisions of K.S.A. 66-1220a and amendments thereto and rules and regulations regarding protection of confidentiality adopted by the commission pursuant to K.S.A. 66-101c, 66-1,190 and 66-1,203, and amendments thereto, upon application of any person, the commission shall furnish certified copies of any classification, rates, rules, regulations or orders, at costs determined pursuant to commission policies and procedures; and such certified copies, or printed copies published by authority of the corporation commission, shall be admissible in evidence in any suit, and sufficient to establish the fact that in any charge, rate, rule, order or classification therein contained, and which may be in issue in the trial, is the official act of the corporation commission; and such determinations and orders of the commission shall be prima facie evidence, in any action in which they are offered, of the reasonableness and justness of the classifications, rates and charges involved therein and of all other matters therein found and determined; and after the lapse of thirty days from the time such determination and orders shall be made, no suit then pending to set the same aside, and they remaining in full force and effect, such determinations and orders shall be held to be conclusive as to the matters involved therein. A substantial compliance with the requirements of this act shall be sufficient to give effect to all determinations and orders made and established by the commission.
History: L. 1905, ch. 340, § 11; R.S. 1923, 66-151; L. 1995, ch. 21, § 3; L. 1995, ch. 63, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-152 Free transportation and reduced rates in certain cases.

66-152.
Free transportation and reduced rates in certain cases.
Nothing in the law relating to transportation shall be construed to prevent the carriage, storage or handling of freight free, or at reduced rates, for the state, or for any city, county or town government, or for charitable purposes, or to and from fairs and expositions for exhibition thereof, or the transportation of officers, members and equipment of the Kansas national guard, or the free carriage of destitute and indigent persons, or for the issuance of mileage on excursion passenger tickets at reduced rates, open to the public generally, or to ministers of the gospel and those giving their entire time to religious, benevolent and charitable work, or to the inmates of soldiers' homes, state or national, including those about to enter or those returning home after their discharge, inmates of hospitals, eleemosynary or charitable institutions and members in good standing in the grand army of the republic, or to any railroad officers, agents, employees, attorneys or witnesses, attending court or before the commission, on behalf of such railroad company.
History:
R.S. 1923, 66-152; December 27.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-154 Rebates, drawbacks and special privileges or discriminations unlawful.

66-154.
Rebates, drawbacks and special privileges or discriminations unlawful.
It shall be unlawful for any common carrier to grant, or for any consignee or consignor to receive, any rebate or drawback, or enter into any arrangement whereby such consignee or consignor shall directly or indirectly receive a lower rate for transporting freight than the rate fixed by the orders of this commission or the published schedules. It shall be unlawful for any common carrier, or any agent or employee thereof, or for any person, firm or corporation to enter into any secret agreement with any firm, person or corporation for the purpose of giving any firm, person or corporation any special privileges, favors or discriminations in favor of such firm, person, or corporation.
History: L. 1905, ch. 340, § 16; R.S. 1923, 66-154; L. 2005, ch. 21, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-154a Unreasonable or discriminatory rates or charges; complaint; investigation by commission.

66-154a.
Unreasonable or discriminatory rates or charges; complaint; investigation by commission.
No common carrier shall charge, demand or receive from any person, company or corporation an unreasonable, unfair, unjust or unjustly discriminatory or unduly preferential rate or charge for the transportation of property, or for hauling or storing of freight, or for use of its cars, or for any service afforded by it in the transaction of its business as a common carrier; and upon complaint in writing made to the corporation commission that an unfair, unjust, unreasonable or unjustly discriminatory or unduly preferential rate or charge has been exacted, such commission shall investigate such complaint, and if sustained, shall make a certificate under its seal setting forth what is, and what would have been, a reasonable and just rate or charge for the service rendered, which shall be prima facie evidence of the matter therein stated.
History:
L. 1929, ch. 223, § 1; L. 2005, ch. 21, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-154b Same; refund.

66-154b.
Same; refund.
It shall be lawful for any common carrier to refund to any person, company or corporation any unreasonable, unfair, unjust or unjustly discriminatory or unduly preferential rate or charge which it has exacted, received or collected from any shipper, in accordance with the certificate referred to in K.S.A. 66-154a, and amendments thereto.
History:
L. 1929, ch. 223, § 2; L. 2005, ch. 21, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-154c Same; time of filing complaints.

66-154c.
Same; time of filing complaints.
Complaints seeking certificates as described in K.S.A. 66-154a shall be filed with the corporation commission not more than three years after the payment of the rates or charges complained of therein.
History: L. 1929, ch. 223, § 3; March 20.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-154e Same; time limitation.

66-154e.
Same; time limitation.
Any proceeding in court relating to the matters embraced in this act shall be brought not more than one year after the issuance of a certificate by the corporation commission.
History: L. 1929, ch. 223, § 5; March 20.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-154f Same; invalidity of part.

66-154f.
Same; invalidity of part.
If any section, clause or phrase of this act is for any reason held to be unconstitutional, such decision shall not affect the remaining portions of this act. The legislature hereby declares that it passes the act, each section, sentence, clause and phrase thereof irrespective of the fact that any one or more of the same shall be declared unconstitutional.
History: L. 1929, ch. 223, § 6; March 20.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-155 Duties of attorney of commission.

66-155.
Duties of attorney of commission.
It is hereby made the duty of the attorney of the corporation commission to make a special study of the public utilities laws of this and other states and the interstate commerce act, to prosecute and defend all suits and proceedings in behalf of the state, in the name of the state, in connection with the acts of the corporation commission, and on behalf of parties complaining of unjust discriminations by a public utility, or other violations of this act. The attorney shall, when such attorney believes or when such attorney is notified by the corporation commission that it has knowledge or good reason to believe that any classification, rate or charge made by any public utility in this state is unjust, unreasonable, or discriminating, whether such rate or charge is local, special, or general, or other matters concerning such company in the operation of its utility in the state of Kansas, is unreasonable or discriminative or violative of the laws of Kansas, make complaint in writing to the corporation commission, in the name of the state on such attorney's relation, and the corporation commission shall proceed to consider and determine such complaint in all respects as is provided for the hearing and determination of complaints in other cases.
History:
R.S. 1923, 66-155; L. 2005, ch. 21, § 7; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-175 False swearing in proceedings; penalty.

66-175.
False swearing in proceedings; penalty.
Any person who shall willfully and corruptly swear, testify or affirm falsely to any material matter, upon any oath or affirmation or declaration legally administered in any cause, matter or proceeding before the corporation commission or any member thereof, or in any return, answer or report required to be made, shall be deemed guilty of willful and corrupt perjury, and shall be punished by imprisonment in the custody of the secretary of corrections for a term not exceeding seven years.
History:
L. 1901, ch. 286, § 30; R.S. 1923, 66-175; L. 1990, ch. 309, § 37; May 24.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-176 Damages for violations; attorney fees.

66-176.
Damages for violations; attorney fees.
Any public utility or common carrier which violates any of the provisions of law for the regulation of public utilities or common carriers shall forfeit, for every offense, to the person, company or corporation aggrieved thereby, the actual damages sustained by the party aggrieved, together with the costs of suit and reasonable attorney fees, to be fixed by the court. If an appeal is taken from the judgment or any part thereof, it shall be the duty of the appellate court to include in the judgment additional reasonable attorney fees for services in the appellate court or courts.
History:
R.S. 1923, 66-176; L. 1995, ch. 36, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-177 Public utilities, common carriers; penalties for violation of law.

66-177.
Public utilities, common carriers; penalties for violation of law.
(a) Any public utility or common carrier willfully violating or evading any of the provisions of law for the regulation of such public utility or common carrier not otherwise specifically provided for shall, for each offense, forfeit and pay a penalty of: (1) Not less than $100 nor more than $2,000 if the violator is a telecommunications public utility subject to traditional rate of return regulation; a telecommunications public utility described in K.S.A. 66-104a, and amendments thereto; a municipally owned and operated electric or natural gas public utility; an electric or natural gas cooperative public utility; a water public utility; or a nonprofit public utility; and (2) not less than $100 nor more than $10,000 if the violator is any other common carrier or public utility. All penalties provided for herein shall be recovered by a civil action, to be instituted and prosecuted in the name of the state, by the county attorney of the county in which the offense has been committed, upon the direction of the corporation commission. If upon the trial of the action the jury finds for the plaintiff, the jury shall assess and return with their verdict the amount of the fine to be imposed upon the defendant and the court shall render judgment accordingly. All such penalties recovered shall be paid to the state treasurer pursuant to K.S.A. 20-2801, and amendments thereto, and the corporation commission may require the attorney general to assist such county attorney in the prosecution of such action. No bond for costs shall be required of the state in any such action.
(b) The provisions of subsection (a), shall not apply to any motor carrier.
History:
R.S. 1923, 66-177; L. 1973, ch. 106, § 20; L. 1978, ch. 105, § 23; L. 1986, ch. 248, § 2; L. 2001, ch. 92, § 7; L. 2004, ch. 103, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-178 Same; suits by individuals or corporations permitted.

66-178.
Same; suits by individuals or corporations permitted.
No statute providing for the regulation of public utilities or common carriers shall be construed to estop or hinder any person or corporation from bringing suit against any such public utility or common carrier for any violation of the laws of this state for the government of public utilities and common carriers.
History:
R.S. 1923, 66-178; December 27.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-179 Joinder of causes of action.

66-179.
Joinder of causes of action.
In any action against any public utility or common carrier for violation of the provisions of law relating to such public utility or common carrier, the plaintiff may join in the same petition as many different causes of action as he may have against such public utility or common carrier.
History:
R.S. 1923, 66-179; December 27.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-183 Stringing wires along or across streets, highways or public places; regulations.

66-183.
Stringing wires along or across streets, highways or public places; regulations.
All public utilities owning or operating wires for the transmission of telegraph or telephone messages or for the transmission of electricity upon, along, or across the streets, highways or public places in this state are required to so use, string and maintain such wires as to avoid unreasonable injury or interference from the wires of other utilities and to avoid unreasonable injury to and interference with the wires of other utilities, and the corporation commission is given the power, and it is hereby made its duty, to prescribe reasonable rules and regulations with respect to the stringing and maintaining of wires in all cases where there is danger or possibility of unreasonable interference with or damage to the wires or service of one utility by those of another utility and with respect to the support, maintenance, repair and reconstruction thereof, which rules shall be furnished to any interested person upon application to the corporation commission, and the corporation commission is given the power, and it is hereby made its duty to prescribe reasonable rules and regulations with respect to the stringing of wires, electric or otherwise, which cross over or under the tracks of any railroad company and with respect to the support, maintenance, repair and reconstruction thereof, which rules shall be furnished to any interested person upon application; but in no case shall the height of any wires which cross above the tracks of a railway company be less than twenty-five feet from the top of the rails, except trolley and feed wires of electric railroads, which wires shall be not less than twenty-two feet above the tops of the rails.
History: L. 1917, ch. 252, § 1; March 13; R.S. 1923, 66-183.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-184 Same; complaint; investigations and orders.

66-184.
Same; complaint; investigations and orders.
If complaint shall be made to the corporation commission by any interested parties that any such wires are not properly placed or not securely supported, or that the rules and regulations of the corporation commission with respect thereto are being violated, it shall be the duty of the corporation commission to cause an investigation of such complaint to be made, and if it finds the complaint to be true, to make the necessary orders for the placing of such wires and the support thereof.
History: L. 1917, ch. 252, § 2; March 13; R.S. 1923, 66-184.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-185 Same; penalty for noncompliance with order.

66-185.
Same; penalty for noncompliance with order.
It shall be the duty of every corporation or person to whom an order made by the corporation commission under either K.S.A. 66-183 or 66-184 shall be directed, to comply with such order in accordance with its terms, and for any neglect to comply therewith any such corporation or person shall be liable to a penalty of one hundred dollars, and to a like penalty for every ten days during which said neglect shall continue and may be recovered in a civil action brought in the name of the state and shall be paid to the state treasurer as provided in K.S.A. 20-2801, and any amendments thereto. The action may be prosecuted by the attorney general in any county having jurisdiction, or by the county attorney of the county in which the wire or wires crossing the railroad track shall be located.
History:
R.S. 1923, 66-185; L. 1974, ch. 295, § 6; L. 1978, ch. 105, § 24; January 1, 1979.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-194 Same; complaint; investigations and orders.

66-194.
Same; complaint; investigations and orders.
The corporation commission is hereby authorized and empowered to require and compel the furnishing of such service. Upon complaint to the corporation commission that any telephonic service with any railroad, telegraph or express company's buildings, offices or grounds is inadequate or in any respect unreasonably or unjustly discriminatory or that such service cannot be had, it shall be the duty of said commission to investigate the same, and if upon investigation the commission shall find that any telephonic service is inadequate or unreasonably or unjustly discriminatory or that such service cannot be had, it shall determine and by order fix a reasonable regulation, practice or service to be installed, imposed, observed and operated in the future.
History: L. 1911, ch. 136, § 2; March 25; R.S. 1923, 66-194.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-195 Same; penalty for failure to comply with order.

66-195.
Same; penalty for failure to comply with order.
Any common carrier which shall fail to comply with the order of the corporation commission in respect thereto shall be deemed guilty of a misdemeanor and upon conviction in any court having jurisdiction thereof shall be fined for each offense a sum not less than one hundred dollars nor more than five hundred dollars within the discretion of the court.
History: L. 1911, ch. 136, § 3; March 25; R.S. 1923, 66-195.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,105 Service of orders and decisions; effective dates.

66-1,105. Service of orders and decisions; effective dates.
The orders and decisions of the commission on the matters covered by this act shall be made in writing and copies of such decisions shall be served on motor carriers by electronic mail if authorized by the motor carrier or first class mail, except that orders and decisions potentially resulting in a negative impact upon any motor carrier's authority and initial orders in show cause proceedings shall be served by certified mail, return receipt requested. A motor carrier may, at any time, revoke the authorization to receive the orders and decisions through electronic mail provided by this section, and any orders or decisions of the commission after the date of the revocation shall be served by mail. Every order and decision of the commission on matters covered by this act shall become operative and effective within 30 days after service, and the motor carrier shall carry the provisions of the order into effect, unless the order is enjoined or set aside by a court of proper jurisdiction.
History:
L. 1925, ch. 206, § 10; L. 1981, ch. 257, § 1; L. 2003, ch. 124, § 13; L. 2021, ch. 77, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,107 Validity of 1925 act.

66-1,107.
Validity of 1925 act.
If any section or provision of this act shall be found invalid by any court, it shall be conclusively presumed that this act would have been passed by the legislature without such invalid section or provision, and the act as a whole shall not be declared invalid by reason of the fact that one or more sections or provisions may be found to be invalid by any court.
History: L. 1925, ch. 206, § 12; March 23.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,108 Transportation by motor carriers; definitions.

66-1,108. Transportation by motor carriers; definitions.
As used in this act:
(a) "Commission" means the corporation commission of the state of Kansas;
(b) "household goods" means property and personal effects used or to be used in a dwelling, when a part of the equipment or supply of such dwelling and such other similar property, as the commission may provide by rules and regulations, if the transportation of such effects or property is:
(1) Arranged and paid for by the householder, including transportation of property from a factory or store when the property is purchased by the householder with intent to use in such householder's dwelling; or
(2) arranged and paid for by another party;
(c) "public motor carrier of household goods" means any person who undertakes for hire to transport by commercial motor vehicle, from place to place, the household goods of others who may choose to employ or contract with the motor carrier;
(d) "public motor carrier of passengers" means any person who undertakes for hire to transport by commercial motor vehicle, from place to place, persons who may choose to employ or contract with the motor carrier; and
(e) "public motor carrier of property" means any person who undertakes for hire to transport by commercial motor vehicle, from place to place, the property other than household goods of others who may choose to employ or contract with the motor carrier.
History:
L. 1931, ch. 236, § 1; L. 1933, ch. 229, § 1; L. 1959, ch. 258, § 1; L. 2001, ch. 73, § 1; L. 2003, ch. 124, § 14; L. 2004, ch. 152, § 5; L. 2009, ch. 119, § 10; L. 2017, ch. 18, § 5; L. 2021, ch. 77, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,108a Regulation of motor carriers; powers granted to state corporation commission.

66-1,108a.
Regulation of motor carriers; powers granted to state corporation commission.
As applied to the regulation of motor carriers, the provisions of this act and all grants of power, authority and jurisdiction herein made to the state corporation commission shall be liberally construed, and all incidental powers necessary to carry into effect the provisions of this act are expressly granted to and conferred upon the state corporation commission.
History:
L. 2004, ch. 152, § 2; May 27.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,108b Same; powers of state corporation commission.

66-1,108b. Same; powers of state corporation commission.
The state corporation commission is given full power, authority and jurisdiction to supervise and control motor carriers, as defined in 49 C.F.R. § 390.5, as in effect on July 1, 2017, or any later version as established in rules and regulations adopted by the state corporation commission, doing business or procuring business in Kansas, and is empowered to do all things necessary and convenient for the exercise of such power, authority and jurisdiction. The commission shall have general supervision of all motor carriers operating in this state. The commission shall inquire into any neglect or violations of the laws pertaining to the regulation of motor carriers of this state by any motor carrier or any person retaining the transportation services of that motor carrier. From time to time, the commission shall carefully examine and inspect the condition of each motor carrier, its equipment, the manner of its conduct and its management with reference to the public safety and convenience. Nothing in this section shall be construed as relieving any motor carrier from responsibility or liability for damage to person or property.
History:
L. 2004, ch. 152, § 3; L. 2017, ch. 18, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,108c Same; examination of accounts and records.

66-1,108c.
Same; examination of accounts and records.
The state corporation commission shall have the authority to examine all accounts and records pertaining to its regulation of motor carriers. The agents, accountants, examiners or inspectors designated by the commission shall have authority under the direction of the transportation division to inspect and examine any and all books, accounts, papers, records, property and memoranda pertinent to its regulation of motor carriers.
History:
L. 2004, ch. 152, § 4; May 27.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,110 Public motor carriers of property, of household goods or of passengers declared common carriers.

66-1,110. Public motor carriers of property, of household goods or of passengers declared common carriers.
All "public motor carriers of property, of household goods or of passengers" as defined in this act are hereby declared to be common carriers within the meaning of the public utility laws of this state, and are hereby declared to be affected with a public interest and subject to this act, to the extent not preempted by federal law, and to the laws of this state, including the regulation of all rates and charges now in force or that hereafter may be enacted, pertaining to public utilities and common carriers as far as applicable, and not in conflict.
History:
L. 1931, ch. 236, § 3; L. 2001, ch. 92, § 8; L. 2021, ch. 77, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,111 Types of carriers which must comply with act and other applicable laws.

66-1,111. Types of carriers which must comply with act and other applicable laws.
No public motor carrier of property or passengers or private motor carrier of property shall operate any motor vehicle for the transportation of either persons or property on any public highway in this state except in accordance with the provisions of this act, and amendments thereto, and other applicable laws.
History:
L. 1931, ch. 236, § 4; L. 1943, ch. 229, § 1; L. 1959, ch. 258, § 3; L. 1970, ch. 270, § 1; L. 2003, ch. 124, § 16; L. 2021, ch. 77, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,112g Private motor carrier permits; rules and regulations.

66-1,112g. Private motor carrier permits; rules and regulations.
The commission shall issue permits to private motor carriers of property and require such additional data as may be required by the commission in carrying out the provisions of this act. The commission may adopt rules and regulations relating to private motor carriers of property.
History:
L. 1933, ch. 229, § 10; L. 1982, ch. 275, § 2; L. 2021, ch. 77, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,112h Voluntary suspensions of permits or licenses; period; effect.

66-1,112h.
Voluntary suspensions of permits or licenses; period; effect.
Upon the request of the holder of any private carrier permit or interstate license, while serving in the armed forces of the United States, the commission is hereby authorized to grant to such holder a suspension of such permit or license for such period and upon such terms and conditions as the commission may determine, except that nothing herein shall be construed to limit the authority of the commission to cancel or revoke a permit or license for violations of statutes or rules and regulations which have occurred prior to or during such suspension.
History:
L. 1943, ch. 230, § 1; L. 1959, ch. 258, § 5; L. 2003, ch. 124, § 18; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,112j Suspension or revocation of permit, certificate or interstate license; notice and hearing.

66-1,112j. Suspension or revocation of permit, certificate or interstate license; notice and hearing.
Upon failure to comply with the provisions of the motor carrier law or other laws of the state relating to motor carriers, or upon failure to comply with motor carrier rules and regulations of the commission, or the department of revenue relating to taxation of motor carriers, the commission may suspend or completely revoke, at any time, any permit, certificate or interstate license after notice and an opportunity to be heard has been given to the grantee in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1989, ch. 206, § 1; L. 2021, ch. 77, § 7; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,113 Unreasonable charges prohibited.

66-1,113.
Unreasonable charges prohibited.
All transportation charges made by any public motor carrier transporting household goods or passengers shall be just and reasonable.
History:
L. 1931, ch. 236, § 6; L. 1995, ch. 98, § 6; April 13.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,114 Public motor carriers; certificates of convenience and necessity to transport household goods or passengers; procedure to obtain; basis for issuance.

66-1,114. Public motor carriers; certificates of convenience and necessity to transport household goods or passengers; procedure to obtain; basis for issuance.
(a) Except as hereinafter provided, it shall be unlawful for any public motor carrier to operate as a carrier of household goods or passengers in intrastate commerce within this state without first having obtained from the commission a certificate of convenience and necessity to transport household goods or passengers. A motor carrier denied a certificate shall be afforded the opportunity of a hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. If such hearing is requested, the hearing shall be held within 10 business days of the request.
(b) If the commission finds that the proposed service or any part thereof is proposed to be performed by the applicant, that the applicant is fit, willing and able to perform such service and that the applicant is in compliance with the commission's safety rules and regulations, liability and cargo insurance requirements and other applicable state laws, the commission shall issue the certificate of convenience and necessity to transport household goods and passengers, except that if the commission finds that the proposed service is inconsistent with the public convenience and necessity, the commission shall not issue the certificate.
(c) Within 18 months of the issuance to a public motor carrier of a certificate of convenience and necessity to transport household goods or passengers, the commission shall verify that such public motor carrier continues to be fit, knowledgeable and in compliance with the commission's safety rules and regulations, liability insurance requirements and other applicable state laws.
History:
L. 1931, ch. 236, § 7; L. 1970, ch. 269, § 1; L. 1973, ch. 260, § 1; L. 1974, ch. 264, § 1; L. 1981, ch. 259, § 1; L. 1982, ch. 275, § 3; L. 1983, ch. 223, § 2; L. 1988, ch. 356, § 236; L. 1995, ch. 98, § 7; L. 2000, ch. 78, § 6; L. 2003, ch. 124, § 19; L. 2010, ch. 39, § 1; L. 2021, ch. 77, § 8; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,114b Public motor carrier of property other than household goods or passengers; certificate of public service; procedure to obtain; basis for issuance.

66-1,114b. Public motor carrier of property other than household goods or passengers; certificate of public service; procedure to obtain; basis for issuance.
(a) Except as hereinafter provided, it shall be unlawful for any public motor carrier to operate as a carrier of property other than household goods or passengers in intrastate commerce within this state without first having obtained from the commission a certificate of public service to transport property other than household goods or to transport passengers.
(b) The commission, upon the filing of an application for a certificate of public service, shall ascertain that the motor carrier is fit, knowledgeable and in compliance with the commission's safety rules and regulations, liability insurance requirements and other applicable state laws. Once a motor carrier submits a complete application demonstrating that the motor carrier is fit, knowledgeable and in compliance with the commission's safety rules and regulations, liability insurance requirements and other applicable state laws, the commission may issue that motor carrier a certificate of public service. A motor carrier denied a certificate shall be afforded the opportunity of a hearing on the matter in accordance with the provisions of the Kansas administrative procedure act. If such a hearing is requested, the hearing shall be held within 10 business days of the request.
(c) Motor carriers holding a certificate of convenience and necessity to transport property other than household goods shall be considered as holding a certificate of public service to transport that property originally granted by the commission as a public motor carrier of property. Pursuant to federal law those motor carriers may transport that property originally granted by the commission statewide.
(d) Within 18 months of the issuance to a public motor carrier of a certificate of public service to transport property other than household goods or passengers, the commission shall verify that such public motor carrier continues to be fit, knowledgeable and in compliance with the commission's safety rules and regulations, liability insurance requirements and other applicable state laws.
History:
L. 2000, ch. 78, § 1; L. 2003, ch. 124, § 20; L. 2010, ch. 39, § 2; L. 2013, ch. 14, § 2; L. 2021, ch. 77, § 9; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,115 Private motor carriers of property must secure licenses or permits.

66-1,115.
Private motor carriers of property must secure licenses or permits.
It shall be unlawful for any private motor carrier to operate as a carrier of property or passengers within this state either in intrastate commerce or in interstate commerce without first having obtained from the commission a license or permit or without being registered pursuant to federal statutes. An application shall be made to the commission in writing stating such information as the commission may request. Upon receipt of such information and on compliance with the rules and regulations and payment of fees, the commission shall issue a license or permit to such applicant.
History: L. 1931, ch. 236, § 8; L. 1959, ch. 258, § 6; L. 1993, ch. 263, § 4; L. 2001, ch. 92, § 10; L. 2003, ch. 124, § 21; L. 2008, ch. 45, § 2; April 10.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,115a Granting of certain permits and certificates without formal hearing, when; notice.

66-1,115a.
Granting of certain permits and certificates without formal hearing, when; notice.
Notwithstanding the provisions of K.S.A. 66-1,114, and amendments thereto, the commission may issue or grant public motor carrier certificates or abandonments thereof without a formal hearing when the request for such issuance, grant or abandonment is made by verified application, and proper notice has been given in accordance with K.S.A. 66-1,114, and amendments thereto, if no protests are lodged against the granting of the application and if the applicant demonstrates the applicant is fit, willing and able to perform such service and is in compliance with the commission's safety rules and regulations. For applications of public motor carriers transporting household goods or passengers, if the commission finds that evidence shows that the proposed service is inconsistent with the public convenience and necessity, the commission shall not grant the application.
History:
L. 1959, ch. 258, § 7; L. 1990, ch. 242, § 1; L. 1995, ch. 98, § 8; L. 2000, ch. 78, § 7; L. 2003, ch. 124, § 22; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,116 Public motor carriers operating as common carriers in interstate commerce register in base state; exempt carriers shall provide certain information.

66-1,116. Public motor carriers operating as common carriers in interstate commerce register in base state; exempt carriers shall provide certain information.
(a) It shall be unlawful for a public motor carrier of property, of household goods or of passengers to operate in interstate commerce regulated by the relevant federal agency without registering its motor vehicles in its base state pursuant to federal statutes in order to operate in Kansas.
(b) It shall be unlawful for a public motor carrier of property, of household goods or of passengers or a private motor carrier of property that is exempt from federal regulations, to operate in interstate commerce within this state, without having furnished the commission, in writing, such information as the commission may request and the payments of the fees. This act shall apply to all persons and motor vehicles engaged in interstate commerce only to the extent permitted by the constitution and laws of the United States.
History:
L. 1931, ch. 236, § 9; L. 1933, ch. 229, § 11; L. 1993, ch. 263, § 5; L. 2001, ch. 92, § 11; L. 2003, ch. 124, § 23; L. 2008, ch. 45, § 3; L. 2021, ch. 77, § 10; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,117 Forms of application; hearings concerning applications; written findings and recommendations to commission.

66-1,117.
Forms of application; hearings concerning applications; written findings and recommendations to commission.
The corporation commission shall prescribe forms of applications for certificates, permits and licenses for the use of prospective applicants and shall make regulations for the filing thereof. The commission may use a presiding officer from the office of administrative hearings as a presiding officer for any hearing that may be required concerning any application for a certificate or license and the presiding officer shall make written findings and recommendations to the commission.
History:
L. 1931, ch. 236, § 10; L. 1959, ch. 258, § 8; L. 1988, ch. 356, § 237; L. 1989, ch. 283, § 10; L. 2000, ch. 78, § 8; L. 2004, ch. 145, § 28; July 1, 2008.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,119 Effect of failure to annually renew.

66-1,119. Effect of failure to annually renew.
Failure of any motor carrier to annually renew its authority, certificate or permit in a timely manner shall result in a termination of that motor carrier's authority by operation of law.
History:
L. 1931, ch. 236, § 12; L. 1941, ch. 300, § 1; L. 1957, ch. 348, § 1; L. 1959, ch. 258, § 10; L. 1988, ch. 356, § 239; L. 2000, ch. 78, § 10; L. 2003, ch. 124, § 24; L. 2021, ch. 77, § 11; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,126 Violation of act relating to certificate, license, permit or report; failure to comply with certain commission orders; penalty.

66-1,126.
Violation of act relating to certificate, license, permit or report; failure to comply with certain commission orders; penalty.
Any person who shall operate as any carrier to which this act applies without first obtaining a certificate, permit or license or in violation of any of the terms thereof, or who fails to make any return or report required by this act or by the commission, or who denies to the commission access to such carrier's books or records, or who fails to comply with any commission order requiring the payment of a penalty, orders requiring the cease and desist of certain operations or orders placing a motor carrier out of service, shall be guilty of a misdemeanor and shall be punished as provided in K.S.A. 66-1,130, and amendments thereto.
History:
L. 1931, ch. 236, § 19; L. 1995, ch. 98, § 11; L. 2003, ch. 124, § 25; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,129b Intrastate transportation of certain hazardous materials; authorizing federal exemption.

66-1,129b. Intrastate transportation of certain hazardous materials; authorizing federal exemption.
The provisions of 49 C.F.R. § 173.5-agricultural operations; 49 C.F.R. § 173.6-materials of trade; and 49 C.F.R. § 173.8-exceptions for nonspecification packagings used in intrastate transportation, in effect on the effective date of this act, or any later version as adopted by the commission in rules and regulations, are hereby adopted.
History:
L. 1998, ch. 157, § 1; L. 2001, ch. 92, § 13; L. 2013, ch. 14, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,130 Violation of act; penalty.

66-1,130.
Violation of act; penalty.
(a) Except as provided in subsection (b), every carrier to which this act applies and every person who violates or who procures, aids or abets in the violating of any provision of this act, or who fails to obey any order, decision or rule and regulation of the commission, or who procures or aids or abets any person in his failure to obey such order, decision or rule and regulation, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not exceeding $500.
(b) (1) Every carrier who violates the provisions of K.S.A. 66-1,111 or 66-1,128, and amendments thereto, or violates rules and regulations adopted pursuant to K.S.A. 66-1,129, and amendments thereto, except for violations specified in paragraph (2), shall pay a fine in accordance with K.S.A. 8-2118, and amendments thereto.
(2) The following violations of rules and regulations adopted pursuant to K.S.A. 66-1,129, and amendments thereto, shall be deemed misdemeanors under subsection (a):
(A) All hazardous materials violations;
(B) false report of drivers' record of duty status (49 C.F.R. § 395.8(e));
(C) driver uses or is in possession of drugs (49 C.F.R. § 392.4(a));
(D) possession, use or under influence of alcohol four hours prior to duty (49 C.F.R. § 392.5(a));
(E) violation of out-of-service order for alcohol violation (49 C.F.R. § 392.5(c)(2));
(F) fraudulent records (49 C.F.R. § 390.35);
(G) failing to comply with an unsatisfactory safety rating, out-of-service (49 C.F.R. § 385.13(d));
(H) failing to comply with imminent hazard, out-of-service order (49 C.F.R. § 385.72(b));
(I) operating in interstate commerce on or after out-of-service order (49 C.F.R. § 385.325(c));
(J) refusal to submit to a required alcohol or controlled substance test (49 C.F.R. § 382.211);
(K) assistance in investigations and special studies (49 C.F.R. § 390.15);
(L) refusal to allow inspections of motor vehicles in operation (49 C.F.R. § 396.9);
(M) interstate driver under 21 years of age (49 C.F.R. § 391.11(b)(1));
(N) non-English speaking driver (49 C.F.R. § 391.11(b)(2));
(O) driving a commercial motor vehicle while disqualified (49 C.F.R. § 391.15(a));
(P) unsafe operations of commercial motor vehicle forbidden (49 C.F.R. § 396.7);
(Q) failure to correct defects noted on inspection report (49 C.F.R. § 396.9(d)(2));
(R) carrier requiring or allowing operation of vehicle driver under influence of alcohol or drugs (49 C.F.R. § 392.5(b)(1) and (2));
(S) railroad grade crossing, stop required (49 C.F.R. § 392.1);
(T) driving commercial motor vehicle after placed out-of-service (49 C.F.R. § 395.13(d)); or
(U) inspection, repair and maintenance, parts and accessories (49 C.F.R. § 396.3(a)(1)).
History:
L. 1931, ch. 236, § 23; L. 2003, ch. 124, § 29; L. 2004, ch. 114, § 6; L. 2006, ch. 133, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,131 Duty of sheriffs, peace officers and county attorneys.

66-1,131.
Duty of sheriffs, peace officers and county attorneys.
It shall be the duty of the sheriffs or other peace officers of any county or of this state to make arrests, and the county attorneys to prosecute all violations of the provisions of this act.
History:
L. 1931, ch. 236, § 24; L. 1933, ch. 229, § 14; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,132 Former certificates remain in force.

66-1,132.
Former certificates remain in force.
Certificates issued to public carriers by the commission under the authority of chapter 206 [66-196 to 66-1,107] of the Laws of 1925 shall remain in effect hereunder.
History:
L. 1931, ch. 236, § 25; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,133 Sections K.S.A. 66-196 through 66-1,107 repealed in part.

66-1,133.
Sections K.S.A. 66-196 through 66-1,107 repealed in part.
All parts of chapter 206 of the Laws of 1925 and chapter 222 of the Laws of 1929 (being sections 66-196 to 66-1,107, inclusive, of the 1930 Supplement to the Revised Statutes of Kansas, 1923), inconsistent or in conflict with this act are hereby repealed.
History:
L. 1931, ch. 236, § 26; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,134 Sections K.S.A. 66-196 through 66-1,133 repealed in part.

66-1,134.
Sections K.S.A. 66-196 through 66-1,133 repealed in part.
Sections 66-1,108, 66-1,109, 66-1,112, 66-1,116, 66-1,118 and 66-1,131 of the Revised Statutes Supplement of 1931, and all parts of sections 66-196 to 66-1,133, inclusive, of the Revised Statutes Supplement of 1931, inconsistent or in conflict with this act are hereby repealed.
History:
L. 1933, ch. 229, § 16; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,135 Invalidity of part.

66-1,135.
Invalidity of part.
If any section, subsection, clause, sentence or phrase of this act is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases be declared unconstitutional.
History:
L. 1933, ch. 229, § 15; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 1 - Powers Of State Corporation Commission › 66-1,138 Certain vehicles exempt from K.S.A. 66-1,139 and 66-1,140.

66-1,138.
Certain vehicles exempt from K.S.A. 66-1,139 and 66-1,140.
K.S.A. 66-1,139 and 66-1,140 shall not apply to any truck, truck tractor or passenger vehicle used in operations exempt under the provisions of K.S.A. 66-1,109 and any amendments thereto.
History:
L. 1955, ch. 297, § 1; L. 1956, ch. 50, § 1; L. 1957, ch. 350, § 1; July 1.