reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1315 Penalties for violation of certain motor carrier statutes.

66-1315.
Penalties for violation of certain motor carrier statutes.
(a) Any person violating any of the provisions of K.S.A. 66-1,139 or 66-1,140, and amendments thereto, shall upon conviction be guilty of a misdemeanor and shall be fined: (1) For a first conviction of one or more violations of any such statutes, not more than $500 for each such conviction; and (2) for a second or subsequent conviction of one or more violations of any such statutes, within two years thereafter, not more than $1,000 for each such conviction.
(b) Any person violating K.S.A. 66-1314, and amendments thereto, shall pay a fine in accordance with K.S.A. 8-2118, and amendments thereto.
History:
L. 1955, ch. 297, § 6; L. 1977, ch. 304, § 25; L. 1980, ch. 44, § 3; L. 2004, ch. 114, § 7; April 29.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1318 Motor carrier inspection stations; control by superintendent of the highway patrol; locations authorized; law enforcement purposes.

66-1318.
Motor carrier inspection stations; control by superintendent of the highway patrol; locations authorized; law enforcement purposes.
(a) The superintendent of the Kansas highway patrol shall determine such number of permanent motor carrier inspection stations throughout the state as the superintendent deems necessary to enforce the laws of this state relating to: The size, weight and load of motor vehicles and trailers; registration and insurance laws and requirements of the Kansas corporation commission; motor fuel use tax laws, liquid fuel carriers tax laws and motor vehicle registration laws applicable to vehicles; and livestock inspection laws. The operation of all such motor carrier inspection stations shall be under the authority and control of the superintendent of the Kansas highway patrol. The secretary of transportation shall have the authority to acquire, by purchase or condemnation, additional land for motor carrier inspection stations and to construct such inspection stations as deemed necessary by the superintendent as herein provided, within limitations on appropriations therefor.
(b) The operation of the facilities of all motor carrier inspection stations in existence on July 1, 1988, whether or not in operation on such date, shall be under the authority and control of the superintendent of the Kansas highway patrol and, after July 1, 1988, the superintendent may close certain motor carrier inspection stations in conjunction with and for the purposes of consolidation of all the functions of all of the closed stations at single locations for the combined performance of all such functions at such locations.
History:
L. 1977, ch. 304, § 3; L. 1980, ch. 46, § 2; L. 1988, ch. 266, § 8; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1319 Powers granted to members of highway patrol; inspection and registration of vehicles; cooperation of state agencies.

66-1319. Powers granted to members of highway patrol; inspection and registration of vehicles; cooperation of state agencies.
(a) Members of the Kansas highway patrol shall exercise the power and authority of the superintendent of the Kansas highway patrol in the execution of the duties imposed upon the superintendent by this act to the extent that the exercise of such power and authority is delegated to such members by the superintendent or is prescribed by law. In enforcing the laws referred to in K.S.A. 66-1318, and amendments thereto, members of the highway patrol are authorized and empowered to inspect any motor vehicle required by law to comply with any of such laws and rules and regulations relating thereto. Except as otherwise provided in K.S.A. 8-1910, and amendments thereto, whenever any member of the highway patrol shall determine that any vehicle is not properly registered under or not in compliance with any of such laws, such member of the highway patrol may require such vehicle to be driven to the nearest motor carrier inspection station, if there is one within five miles, and if not, to another suitable place, and remain there until the driver thereof has complied with any or all of such laws. Any driver of a vehicle who fails or refuses to drive such vehicle to the nearest inspection station or other suitable place when so directed by a member of the highway patrol shall be deemed guilty of a misdemeanor.
(b) The superintendent of the Kansas highway patrol or any other member thereof designated by the superintendent may issue any license, permit, registration or certificate required under any of such laws when so directed by law or by the head of the agency administering such laws.
(c) The superintendent of the Kansas highway patrol, the secretary of revenue, the secretary of transportation, the chairperson of the state corporation commission and the animal health commissioner shall cooperate in all functions relating to the enforcement of such laws.
History:
L. 1977, ch. 304, § 4; L. 1988, ch. 266, § 9; L. 2012, ch. 140, § 112; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1320 Transfer of certain employees to highway patrol; rights preserved; application of civil service laws.

66-1320.
Transfer of certain employees to highway patrol; rights preserved; application of civil service laws.
From and after the effective date of this act, all officers and employees of the department of revenue who are performing functions relating to the actual operation of motor carrier inspection stations within this state or to the enforcement of the laws referred to in K.S.A. 66-1318, and amendments thereto, and the rules and regulations relating thereto, and who, in the opinion of the superintendent of the Kansas highway patrol are necessary to perform the powers, functions and duties of the highway patrol are hereby transferred from the department of revenue to the highway patrol. All such officers and employees shall retain all retirement benefits and all rights of civil service which such officer or employee had before July 1, 1988, and their service shall be deemed to have been continuous. All transfers and any abolishment of positions of personnel in the classified civil service under the Kansas civil service act shall be in accordance with civil service laws and rules and regulations. Notwithstanding the foregoing provisions of this section, no person who occupies a position on July 1, 1988, which position (or a position parallel thereto) is provided by this act to be in the unclassified service, shall retain any rights of the classified civil service.
History:
L. 1977, ch. 304, § 5; L. 1988, ch. 266, § 10; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1321 Rights saved in legal actions and proceedings.

66-1321.
Rights saved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the taking effect of reorganization under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such existing agency or officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 1977, ch. 304, § 6; L. 1988, ch. 266, § 11; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1322 Custody of property and records; resolution of conflicts by governor.

66-1322.
Custody of property and records; resolution of conflicts by governor.
On the effective date of this act, the superintendent of the Kansas highway patrol shall succeed to the custody and control of all property and records which were used for or pertain to the performance of the powers, duties and functions imposed and conferred on the superintendent under the provisions of this act. Any conflict as to the proper disposition of such property or records arising under this section, and resulting from the transfer of the powers, duties and functions of the secretary of revenue to the superintendent, shall be resolved by the governor, whose decision shall be final.
History:
L. 1977, ch. 304, § 7; L. 1988, ch. 266, § 12; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1323 Resolution of conflicts concerning disposition of powers, duties and functions by governor.

66-1323.
Resolution of conflicts concerning disposition of powers, duties and functions by governor.
When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolishment, transfer, attachment or other change made by this act, or under authority of this act, such conflict shall be resolved by the governor, and the decision of the governor shall be final.
History:
L. 1977, ch. 304, § 8; L. 1988, ch. 266, § 13; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1326 Contracts between state agencies; centralized issuance of permits.

66-1326.
Contracts between state agencies; centralized issuance of permits.
The secretary of revenue, the secretary of transportation, the superintendent of the Kansas highway patrol and the state corporation commission are hereby authorized, empowered and instructed to enter into any contracts or agreements appropriate to establish centralized issuance of any or all permits and licenses provided for by K.S.A. 8-1911, and amendments thereto, and by this act. The heads of such agencies shall enter into any contracts or agreements necessary to provide for a centralized coordinating authority for the issuance of licenses and permits provided in this act and in K.S.A. 8-1911, and amendments thereto.
History:
L. 1977, ch. 304, § 12; L. 1988, ch. 266, § 15; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1327 Fees of issuing agents; disposition; revolving funds; bonds.

66-1327.
Fees of issuing agents; disposition; revolving funds; bonds.
Any private individual, firm or corporation designated to transmit applications for, receive or issue licenses or permits by the secretary of revenue or the secretary of transportation pursuant to K.S.A. 8-143d, K.S.A. 8-1911 or 79-34,118, shall receive for such services, fees to be paid by the secretary of revenue in an amount to be determined by the secretary of not to exceed eight percent (8%) of the total receipts collected for licenses or permits applied for, transmitted through or issued through such individual, firm or corporation. In no event, however, shall the amount of such fees be less than twenty-five dollars ($25) per month, nor shall it exceed one thousand five hundred dollars ($1,500) per month. Such fees shall be paid from the receipts collected for licenses or permits applied for, transmitted through or issued through such individual, firm or corporation. Those individuals, firms or corporations which collect the fees for such licenses or permits shall deduct from the receipts collected by such individual, firm or corporation the fees provided by this section and the balance shall be remitted to the secretary of revenue as the secretary may direct.
A revolving fund, designated the "permit and licensing agent fund," not to exceed ten thousand dollars ($10,000) shall be set apart and maintained by the secretary of revenue from the license and permit fees collected pursuant to K.S.A. 8-143d, 8-1911 and 79-34,118. Such fund shall be held by the state treasurer for the prompt payment of all permit and licensing agent fees provided in this section.
The secretary of revenue may require those individuals, firms or corporations which collect the fees for licenses or permits issued through them to provide a bond, with good and sufficient surety, in an amount not to exceed twenty-five thousand dollars ($25,000). The secretary shall adopt rules and regulations necessary to establish procedures for reporting and accounting by and the auditing of individuals, firms and corporations designated to issue licenses and permits as herein provided.
History:
L. 1977, ch. 304, § 13; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1328 Liquid-fuel-carriers; rules and regulations of secretary of revenue governing emergency or special trips; licenses; fees.

66-1328.
Liquid-fuel-carriers; rules and regulations of secretary of revenue governing emergency or special trips; licenses; fees.
(a) The secretary of revenue may adopt reasonable rules and regulations specifying circumstances under which substitute or extra vehicles to be used temporarily in case of emergency or special occassional trips by liquid-fuel-carriers currently licensed by the secretary pursuant to K.S.A. 55-508 may be issued a special or trip license. The fee for each such license issued shall be five dollars ($5) and the term of such license shall be for such period of time as the secretary shall prescribe by rules and regulations.
(b) The secretary may in the same manner as set forth in subsection (a) provide for special or trip licenses to liquid-fuel-carriers not licensed under the provisions of K.S.A. 55-508 for vehicles which enter this state only on an occassional trip or in temporary service. The fee for each such license issued shall be five dollars ($5), and the term of such license shall be for such period of time as the secretary shall prescribe by rules and regulations.
History:
L. 1977, ch. 304, § 23; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1329 Definitions.

66-1329.
Definitions.
As used in this act:
(a) "Wrecker or tow truck" means any motor vehicle equipped with booms, winches or similar equipment specifically designed for recovery or towing of vehicles.
(b) "Car carrier" means any vehicle specifically designed to transport wrecked, disabled or otherwise inoperable vehicles.
(c) "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
(d) "Wrecker or towing service" means the act of transporting, towing or recovering with a wrecker, tow truck or car carrier, any vehicle not owned by the operator of the wrecker, tow truck or car carrier for which the operator receives compensation or other personal gain, either directly or indirectly, except that such terms shall not include a private wrecker or towing service.
(e) "Private wrecker or towing service" means the act of transporting with a wrecker, tow truck or car carrier any vehicle owned by the operator of the wrecker, tow truck or car carrier.
History:
L. 1984, ch. 25, § 1; L. 1995, ch. 98, § 19; April 13.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1330 Wrecker or towing service; certificate of public service.

66-1330.
Wrecker or towing service; certificate of public service.
On and after January 1, 1995, it is unlawful for any person to provide wrecker or towing service within this state without first having obtained a certificate of public service from the state corporation commission.
History:
L. 1984, ch. 25, § 2; L. 1995, ch. 98, § 20; April 13.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1344 Conditions for motor carriers transporting hay or feedstuffs to areas declared to be in a state of drought.

66-1344. Conditions for motor carriers transporting hay or feedstuffs to areas declared to be in a state of drought.
(a) Whenever the governor or the United States department of agriculture declares that all or any portion of the state is in a state of drought pursuant to subsection (e) of K.S.A. 48-924 et seq., and amendments thereto, the following conditions shall apply to any motor carrier transporting hay or related animal forage feedstuffs to the geographic area as specified in such declaration of drought:
(1) Motor carrier registration and fuel tax permits as enforced by the Kansas department of revenue shall be temporarily suspended;
(2) any licensing, certification and permitting rules and regulations as required by the state corporation commission shall be temporarily suspended;
(3) motor carriers shall not operate during the period beginning 30 minutes after sunset and ending 30 minutes before sunrise, and shall comply with the flags, signs and lighting requirements applicable to overwidth vehicles as provided in K.S.A. 8-1902, and amendments thereto;
(4) (A) Vehicles which exceed the width limitations prescribed by K.S.A. 8-1902, and amendments thereto, or the length provisions in K.S.A. 8-1904, and amendments thereto, shall not operate unless specifically authorized under another statute or rule and regulation: (i) Under conditions where visibility is less than 1/2 mile; or (ii) when highway surfaces have ice or snow pack or drifting snow;
(B) vehicles which exceed the weight limitations of K.S.A. 8-1908 or 8-1909, and amendments thereto, but do not exceed the width limitations prescribed by K.S.A. 8-1902, and amendments thereto, or the length provisions in K.S.A. 8-1904, and amendments thereto, may operate 24-hour days, except that such vehicles shall not operate when highway surfaces have ice or snow pack or drifting snow;
(5) motor carriers shall not transport a load of more than 12 feet in width and 14 feet, six inches, in height.
(b) The provisions of subsection (a) shall be effective immediately upon a declaration of a state of drought by the governor or the United States department of agriculture and shall continue in effect until such declaration has been terminated.
(c) As used in this section:
(1) "Commercial vehicle" has the same meaning as provided in K.S.A. 8-2,128, and amendments thereto; and
(2) "motor carrier" means any driver operating a commercial motor vehicle and any person that holds a certificate of convenience and necessity, a certificate of public service or a private carrier permit from the state corporation commission, or is required to register motor carrier equipment pursuant to 49 U.S.C. § 14504a.
History:
L. 2013, ch. 12, § 1; L. 2014, ch. 74, § 2; April 24.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 14 - Holding Companies › 66-1402 Submission of contracts with affiliated interests to commission.

66-1402.
Submission of contracts with affiliated interests to commission.
No management, construction, engineering or similar contract, hereafter made, with any affiliated interest, as defined in K.S.A. 66-1401 and amendments thereto, shall be effective unless it shall first have been filed with the commission. If it be found that any such contract is not in the public interest, the commission, after investigation and a hearing in accordance with the provisions of the Kansas administrative procedure act, is hereby authorized to disapprove such contract.
History:
L. 1931, ch. 239, § 2; L. 1988, ch. 356, § 267; July 1, 1989.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 14 - Holding Companies › 66-1403 Showing required for fixing or charging rates.

66-1403.
Showing required for fixing or charging rates.
In ascertaining the reasonableness of a rate or charge to be made by a public utility, no charge for services rendered by a holding or affiliated company, or charge for material or commodity furnished or purchased from a holding or affiliated company, shall be given consideration in determining a reasonable rate or charge unless there be a showing made by the utility affected by the rate or charge as to the actual cost to the holding or affiliated company furnishing such service and material or commodity. Such showing shall consist of an itemized statement furnished by the utility setting out in detail the various items, cost for services rendered and material or commodity furnished by the holding or affiliated company.
History: L. 1931, ch. 239, § 3; March 9.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1501 Authority of commission to assess expense of investigation against utility; appeal; bond.

66-1501.
Authority of commission to assess expense of investigation against utility; appeal; bond.
Whenever, upon any investigation of a public utility made by the state corporation commission, on its own initiative or upon complaint filed, the commission shall find that any rate, toll, charge or schedule or joint rate is unjust, unreasonable, excessive, insufficient or unjustly discriminatory or preferential or otherwise in violation of the public utility act; or that any measurement, regulation, practice, act or service is unjust, unreasonable, unsafe, insufficient, preferential or discriminatory or otherwise in violation of the public utility act; or it shall find that any service is inadequate or that any service that can reasonably be demanded is not being furnished; or when an investigation is necessary because of an application by a public utility and such application is not justified, the commission shall ascertain and declare and by order fix the expenses incurred by the commission upon such investigation and shall by such order direct such public utilities to pay to the state treasurer to reimburse the fund appropriated for the public service commission an amount to cover the expenses so incurred: Provided, That such order shall not become operative unless the matter in connection with which such investigation shall have been made shall have been finally determined, by appeal or otherwise, adversely to such public utility. The commission shall cause a certified copy of all such orders to be delivered to an officer or agent of the public utility affected thereby, and all such orders shall, of their own force, take effect and become operative twenty days after final determination of the investigation by appeal or otherwise: Provided, That if appeal is taken by any public utility a surety bond shall be furnished by such utility to secure the payment of such expenses in case the order of the commission shall be sustained.
History: L. 1931, ch. 240, § 1; March 19.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1504 Failure to pay assessment; proceedings.

66-1504.
Failure to pay assessment; proceedings.
If any public utility or common carrier against which an assessment has been made either under K.S.A. 66-1502 or 66-1503, within fifteen days after the notice of such assessment shall (a) neglect or refuse to pay the same, or (b) shall fail to file objections to said assessment with said commission, as provided hereinafter, it shall be the duty of the commission forthwith to transmit to the state treasurer a certified copy of said notice of assessment, together with notice of neglect or refusal to pay said assessment, and on the same day said commission shall mail by registered mail to the public utility or common carrier against which said assessment has been made a copy of said notice which it has transmitted to the state treasurer. If any such common carrier or public utility shall fail to pay such assessment to the state treasurer within ten days after receipt of such notice and certified copy of such assessment, said assessment shall bear interest at the rate of fifteen percent per annum from and after the date on which said copy of said notice was mailed by registered mail to such public utility.
Upon the receipt of such notice and certified copy of such assessment the state treasurer shall collect the same, together with interest and costs by action in the name of the state in any court of competent jurisdiction, and the attorney general is hereby authorized and directed to institute and prosecute action for such purpose. In any such action all reasonable and necessary expenses in connection therewith, including counsel fees shall be taxable as costs. Any judgment obtained in such action shall be a lien against any property anywhere within this state of the common carrier or public utility against which said judgment has been obtained.
History:
L. 1935, ch. 267, § 3; May 15.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1505 Filing objections to assessment; hearing; collection of delinquent assessments.

66-1505.
Filing objections to assessment; hearing; collection of delinquent assessments.
Within 15 days after the date of the mailing of any notice of assessment as provided by K.S.A. 66-1502 and 66-1503 and amendments thereto, the public utility or common carrier against which such assessment has been made may file with the commission objections setting out in detail the ground upon which such objector regards such assessment to be excessive, erroneous, unlawful or invalid. The commission, after notice to the objector, shall hold a hearing in accordance with the provisions of the Kansas administrative procedure act upon such objections. The commission shall determine if the assessment or any part of the assessment is excessive, erroneous, unlawful or invalid and shall render an order upholding, invalidating or amending the assessment. An amended assessment shall have in all ways the same force and effect as though it were an original assessment.
If any assessment against which objections have been filed shall not be paid within 10 days after service of an order finding that such objections have been overruled and disallowed by the commission, the commission shall give notice of such delinquency to the state treasurer and to the objector, in the manner provided in K.S.A. 66-1504 and amendments thereto. The state treasurer shall then proceed to collect the amount of such assessment as provided in K.S.A. 66-1504 and amendments thereto. If an amended assessment is not paid within 10 days after service of the order of the commission, the commission shall notify the state treasurer and the objector as in the case of delinquency in the payment of an original assessment. The state treasurer shall then proceed to collect the amount of such assessment as provided in the case of an original assessment.
History:
L. 1935, ch. 267, § 4; L. 1988, ch. 356, § 269; July 1, 1989.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1506 Time for payment of assessment; recovery of unauthorized assessment.

66-1506.
Time for payment of assessment; recovery of unauthorized assessment.
Every public utility or common carrier against which an assessment is made shall pay the amount thereof, and after such payment may under the conditions in this act provided, at any time within one year from the date the payment was made, sue the state in an action at law to recover the amount paid with legal interest thereon from the date of payment, upon the ground that said assessment was excessive, erroneous, unlawful or invalid in whole or in part. If it is finally determined in such action that any part of the assessment, for which payment was made was excessive, erroneous, unlawful or invalid, the state treasurer shall make a refund to the claimant as directed by the court.
History:
L. 1935, ch. 267, § 5; May 15.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1507 Findings of fact by commission deemed prima facie evidence.

66-1507.
Findings of fact by commission deemed prima facie evidence.
No action for recovery of any amount paid pursuant to this act shall be maintained in any court unless objections have been filed with the commission as herein provided. In any action for recovery of any payments made under this act the claimant shall be entitled to raise every relevant issue of law, but the commission's findings of fact made pursuant to this act shall be prima facie evidence of the facts therein stated.
The following shall be deemed to be findings of fact of the commission within the meaning of this act: (a) Determinations of fact expressed in notices of assessments given pursuant to this act; (b) determinations of fact set out in those minutes of the commission which record the action of the commission in connection with making of the assessments and in passing upon objections thereto.
History:
L. 1935, ch. 267, § 6; May 15.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1508 Assessment exemptions for certain public utilities.

66-1508.
Assessment exemptions for certain public utilities.
(a) Except as otherwise provided in subsection (b), the assessments provided for under the provisions of this act shall not apply to motor carriers, nor shall they apply to public utilities or common carriers which are under the jurisdiction of the commission solely in connection with the administration of the oil proration or oil and gas conservation acts, the expenditures in connection with such regulations being otherwise provided for by fees and assessments levied under other acts against such public utilities or common carriers.
(b) Notwithstanding the provisions of subsection (a), motor carriers shall be subject to the assessment provided for in K.S.A. 66-1502, and amendments thereto.
History:
L. 1935, ch. 267, § 7; L. 1976, ch. 290, § 3; L. 2004, ch. 154, § 62; July 1, 2005.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1509 Rules and regulations authorized.

66-1509.
Rules and regulations authorized.
The commission shall have full power and authority to make and prescribe all necessary and proper rules and regulations for carrying out the provisions of this act.
History:
L. 1935, ch. 267, § 8; May 15.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1510 Invalidity of part.

66-1510.
Invalidity of part.
If any part, portion, clause, paragraph, sentence or section of this act shall be declared unconstitutional by any court of competent jurisdiction, it is hereby declared that this act would have been passed without such part, portion, clause, paragraph, sentence or section, and such judgment or decree shall not affect the validity of any other part, portion, clause, paragraph, sentence or section hereof.
History:
L. 1935, ch. 267, § 9; May 15.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1511 Investigations and hearings; examiners and referees; powers; records; reports; orders of decisions, effect; reconsideration, when.

66-1511.
Investigations and hearings; examiners and referees; powers; records; reports; orders of decisions, effect; reconsideration, when.
The state corporation commission is hereby authorized to designate or appoint from among its employees, examiners and referees to make investigations and conduct hearings that are required of the commission by law. The order appointing such examiners or referees shall be made in writing and shall be filed in the proceedings of the case. Such investigations and hearings shall be made and conducted as and in the manner and at the place directed by the commission. Such examiners and referees shall have power to administer oaths in the making of investigations or conducting of hearings and the commission may provide for a record to be made of any hearing or investigation. The examiners and referees shall report their findings and recommendations to the commission.
The commission may consider the evidence and record introduced before or made by the examiners and referees or if it so desires the commission may hear additional evidence and hold further hearings or make further investigations. The order or decision of the commission shall have the same force and effect as though the entire hearing and investigation had been held before the commission. After a matter has been so heard and decided, any party filing timely petition for reconsideration as provided by statute and requesting an opportunity to have such party's petition for reconsideration heard orally by the commission, shall be afforded opportunity for oral argument before the commission at a time set by the commission within 20 days from the date of such party's petition for reconsideration.
History:
L. 1939, ch. 291, § 1; L. 1959, ch. 259, § 1; L. 1970, ch. 268, § 2; L. 1988, ch. 356, § 270; L. 1989, ch. 283, § 25; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1512 Same; payment of expenses.

66-1512.
Same; payment of expenses.
The commission may use any funds available to it for the payment of any expense necessary to carry out the provisions of this act.
History: L. 1939, ch. 291, § 2; March 27.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 15 - Costs And Expenses Of Investigation And Regulation; Hearings › 66-1513 Contracts for professional services authorized; procedures; negotiating committee, composition and duties; exemption from certain statutes; "person" defined.

66-1513.
Contracts for professional services authorized; procedures; negotiating committee, composition and duties; exemption from certain statutes; "person" defined.
(a) In accordance with the provisions of subsection (b), the state corporation commission is hereby authorized to contract for professional services, including but not limited to the services of engineers, accountants, attorneys and economists, to assist in investigations and appraisals under K.S.A. 66-1502, and amendments thereto, which assistance may include preparation and presentation of expert testimony, when the expenses of such professional services are required to be assessed under that statute against the public utilities involved.
(b) Such contracts shall be negotiated by a negotiating committee composed of the following persons: The general counsel of the state corporation commission or the designee of the general counsel; the director of the budget or the designee of the director; the director of accounts and reports or the designee of the director; and the director of the appropriate division of the state corporation commission, as determined and designated by the chairperson of the state corporation commission, or the designee of the director. When a contract authorized under subsection (a) is proposed to be entered into, the general counsel of the state corporation commission or the designee of the general counsel shall convene the negotiating committee. The negotiating committee shall consider all proposals by persons applying to perform such contract and shall award the contract.
(c) Such contracts shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto, or to the provisions of the acts contained in article 58 of chapter 75 of the Kansas Statutes Annotated.
(d) As used in this section, "person" means an individual, firm, partnership, corporation, association or other legal entity.
History:
L. 1979, ch. 237, § 1; L. 1983, ch. 225, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 16 - Tampering With Utility Equipment And Service; Civil Penalties › 66-1601 Definitions.

66-1601.
Definitions.
As used in this act:
(a) "Customer" means the person in whose name a utility service is provided.
(b) "Divert" means to change the intended course or path of electricity, gas, or water without the authorization or consent of the utility.
(c) "Person" means any individual, partnership, firm, association or corporation.
(d) "Reconnection" means the commencement of utility service, other than by a utility, to a customer or other person after service has been discontinued by the utility.
(e) "Tamper" means to rearrange, injure, alter, interfere with or otherwise to prevent from performing normal or customary function.
(f) "Utility" means any "public utility" as defined in K.S.A. 66-104 and also includes any electrical, gas or water system operated by any public agency.
(g) "Utility service" means the provision of electricity, gas, water, telecommunication or any other service or commodity furnished by the utility for compensation.
(h) "Telecommunication service" means any telephone service or the transmission of a message, signal or other communication by telephone or telegraph or over telephone or telegraph facilities.
History:
L. 1982, ch. 273, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 16 - Tampering With Utility Equipment And Service; Civil Penalties › 66-1602 Civil actions for damages.

66-1602.
Civil actions for damages.
A utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts any of the following acts:
(a) Diverts, or causes to be diverted, utility services by any means whatsoever.
(b) Makes, or causes to be made, any connection or reconnection with property owned or used by the utility to provide utility service without the authorization or consent of the utility.
(c) Prevents any utility meter, or other device used in determining the charge for utility services, from accurately performing its measuring function by tampering or by any other means.
(d) Tampers with any property owned or used by the utility to provide utility services.
(e) Uses or receives the direct benefit of all, or a portion, of the utility service with knowledge of, or reason to believe that, the diversion, tampering, or unauthorized connection existed at the time of the use, or that the use or receipt, was without the authorization or consent of the utility.
(f) Publishes the number or code of an existing, canceled, revoked or nonexistent telephone number, credit number or other credit device or method of numbering or coding which is employed in the issuance of telephone numbers, credit numbers or other credit devices under circumstances evincing an intent to have the telephone number, credit number, credit device or method of numbering or coding used to avoid the payment of a lawful charge for any telecommunication service, or knowing or having reason to believe that the same may be used to avoid the payment of any such charge.
(g) Obtains credit for or purchases any utility service by the use of any false, fictitious or counterfeit telephone number, credit number or other credit device, or by the use of any telephone number, credit number or other credit device without the authority of the person to whom the number or device was issued, or by the use of any telephone number, credit number or other credit device knowing that such number or device has been revoked.
(h) Avoids the lawful charges, in whole or in part, for any utility service, by the use of any fraudulent scheme, device, means or method.
History:
L. 1982, ch. 273, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 16 - Tampering With Utility Equipment And Service; Civil Penalties › 66-1603 Damages and costs.

66-1603.
Damages and costs.
In any civil action brought pursuant to K.S.A. 66-1602, the utility may recover as damages three times the amount of actual damages, if any, plus the costs of the suit as defined in K.S.A. 60-2003.
History:
L. 1982, ch. 273, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 16 - Tampering With Utility Equipment And Service; Civil Penalties › 66-1604 Presumption of violation.

66-1604.
Presumption of violation.
There is a rebuttable presumption that there is a violation of this act if, on premises controlled by the customer or by the person using or receiving the direct benefit of utility service, there is either, or both, of the following:
(a) Any instrument, apparatus or device primarily designed to be used to obtain utility service without paying the full lawful charge therefor.
(b) Any meter that has been altered, tampered with or bypassed so as to cause no measurement or inaccurate measurement of utility services.
History:
L. 1982, ch. 273, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 16 - Tampering With Utility Equipment And Service; Civil Penalties › 66-1605 Injunctions.

66-1605.
Injunctions.
(a) A utility may, in accordance with K.S.A. 60-901 et seq. bring an action to enjoin and restrain any of the acts specified in K.S.A. 66-1602.
The utility may, in the same action, seek damages for any of the acts specified in K.S.A. 66-1602.
(b) It is not a prerequisite to an action pursuant to this section that the utility has suffered or been threatened with monetary damages.
History:
L. 1982, ch. 273, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 16 - Tampering With Utility Equipment And Service; Civil Penalties › 66-1606 Exemption; holder of official amateur radio station license.

66-1606.
Exemption; holder of official amateur radio station license.
The provisions of this act concerning telephone or telecommunications service shall not apply to any acts done in good faith by any person who holds an unrevoked and unexpired official amateur radio station license issued by the federal communications commission.
History:
L. 1982, ch. 273, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 17 - Overhead Power Line Accident Prevention › 66-1710 Definitions.

66-1710.
Definitions.
As used in this act:
(a) "Authorized person" means:
(1) An employee of a public utility or an employee of a contractor which has been authorized by a public utility to perform construction, operation or maintenance on or near the poles or structures of any utility;
(2) an employee of a cable television or communication services company or an employee of a contractor authorized to make cable television or communication service attachments; or
(3) an employee of the state or a county or municipality which has authorized circuit construction, operation or maintenance on or near the poles or structures of a public utility.
(b) "High voltage" means electricity in excess of 600 volts measured between conductors or between a conductor and the ground.
(c) "Overhead lines" means all electrical conductors installed above ground.
(d) "Person" means an individual, firm, joint venture, partnership, corporation, association, municipality or governmental unit which contracts to perform any function or activity upon any land, building, highway or other premises in proximity to an overhead line.
(e) "Public utility" means and includes those entities defined in K.S.A. 66-104, and amendments thereto, municipally owned electrical systems and electric cooperatives as defined in K.S.A. 17-4601 et seq., and amendments thereto.
History:
L. 1993, ch. 119, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 17 - Overhead Power Line Accident Prevention › 66-1711 Prohibition against certain acts; exception.

66-1711.
Prohibition against certain acts; exception.
Unless danger against contact with high voltage overhead lines has been guarded against as provided by K.S.A. 66-1712, no person, individually or through an agent or employee, shall store, operate, erect, maintain, move or transport any tools, machinery, equipment, supplies or materials, within 10 feet of any high voltage overhead line, or perform or require any other person to perform any function or activity if at any time during the performance thereof it is reasonably foreseeable that the person performing the function or activity could move or be placed within 10 feet of any high voltage overhead line.
History:
L. 1993, ch. 119, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 17 - Overhead Power Line Accident Prevention › 66-1713 Posted of required warning signs.

66-1713.
Posted of required warning signs.
Each person, individually or through an agent or employee, or as an agent or employee, who operates any crane, derrick, power shovel, drilling rig, hoisting equipment, or similar apparatus, any part of which is capable of operating in closer proximity to any high voltage overhead line than is permitted by this act, shall post and maintain in plain view of the operator thereof, a durable warning sign, legible at 12 feet, stating:
"Unlawful to operate this equipment within 10 feet of high voltage overhead lines unless protected from contact danger."
Each day's failure to post or maintain such signs shall constitute a separate violation.
History:
L. 1993, ch. 119, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 17 - Overhead Power Line Accident Prevention › 66-1714 Penalties; presumption of negligence.

66-1714.
Penalties; presumption of negligence.
(a) Except as provided further, every person as defined herein who violates any of the provisions of this act may be subject to a civil penalty in a sum set by the court of not more than $1,000 for each violation. The provisions of this subsection shall not apply to a person who, at the time the act or acts occur which constitute a violation, is acting as an agent or employee under the direction of an individual, firm, joint venture, partnership, corporation, association, municipality or governmental unit.
(b) When it is shown by evidence in a civil action that personal injury, death or other damages, including damage to any high voltage overhead line, occurred as a result of a violation of this act, there shall be a rebuttable presumption of negligence on the part of the violator.
(c) Nothing in this act is intended to limit or modify the provisions of:
(1) K.S.A. 60-258a, and amendments thereto; or
(2) the national electrical safety code, which would otherwise be applicable.
History:
L. 1993, ch. 119, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 17 - Overhead Power Line Accident Prevention › 66-1715 Nonapplication of act to certain situations.

66-1715.
Nonapplication of act to certain situations.
This act does not apply to:
(a) Construction, operation or maintenance by an authorized person as defined herein;
(b) highway vehicles or agricultural equipment which in normal use may incidentally pass within the clearances prescribed by this act;
(c) the operation or maintenance of any equipment traveling or moving upon fixed rails;
(d) governmental entities responding to an emergency situation; or
(e) moving buildings or structures on streets, alleys, roads and highways pursuant to K.S.A. 17-1914 et seq., and amendments thereto.
History:
L. 1993, ch. 119, § 7; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 17 - Overhead Power Line Accident Prevention › 66-1716 Severability of act.

66-1716.
Severability of act.
If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
History:
L. 1993, ch. 119, § 8; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 18 - Utility Damage Prevention › 66-1803 Excavator's duty to ascertain location of facilities.

66-1803.
Excavator's duty to ascertain location of facilities.
An excavator shall not engage in excavation near the location of any underground facility without first having ascertained, in the manner prescribed in this act, a location of all underground facilities in the proposed area of the excavation.
History:
L. 1993, ch. 217, § 3; July 1.