reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-426 Fees, amount.

55-426.
Fees, amount.
(a) The director of taxation is entitled to demand and receive from the manufacturer, importer, exporter or distributor first selling, offering for sale, using or delivering gasoline or diesel including government sales, the sum of $.015 per barrel. For the purposes of this section 50 gallons is to be considered and counted as a barrel.
(b) The secretary is hereby authorized and empowered to reduce the fees and charges provided by subsection (a) for any period deemed justified whenever the secretary shall determine that such fees and charges being paid into the state treasury as required by law are yielding more revenue than is required for the purposes to which such fees and charges are devoted by law. In the event that the secretary determines that sufficient revenues are not being produced by such reduced fees and charges, the secretary is hereby authorized and empowered to restore the fees and charges in full or in part to a rate not exceeding that provided in subsection (a) that will in the secretary's judgment produce sufficient revenue for the purposes to which such fees and charges are devoted by law.
History:
L. 1935, ch. 210, § 5; L. 1939, ch. 288, § 14; L. 1941, ch. 278, § 3; L. 1949, ch. 306, § 1; L. 1989, ch. 163, § 5; L. 1990, ch. 195, § 1; L. 1996, ch. 105, § 5; L. 2007, ch. 180, § 2; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-434 Penalties.

55-434.
Penalties.
(a) Any person who violates any of the provisions of the petroleum products inspection law or any rule or regulation adopted thereunder shall be guilty of a class A nonperson misdemeanor. Each separate violation shall constitute a separate offense.
(b) Any violation of the provisions of the petroleum products inspection law shall be deemed a deceptive act and practice as defined by K.S.A. 50-626, and amendments thereto. Violations of the petroleum products inspection law may be enforced by the secretary of agriculture under the administrative provisions of the petroleum products inspection law, by the attorney general or the county or district attorney under the Kansas consumer protection act.
History:
L. 1935, ch. 210, § 13; L. 1993, ch. 58, § 5; L. 1996, ch. 105, § 7; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-435 Invalidity of part.

55-435.
Invalidity of part.
If any part, or parts, of this act are held to be unconstitutional, the remaining part thereof shall be unaffected, and it shall be presumed that the legislature would have enacted this law with the part held to be invalid, omitted.
History:
L. 1935, ch. 210, § 14; May 15.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-436 Administration and enforcement; jurisdiction of secretary of agriculture over inspections.

55-436.
Administration and enforcement; jurisdiction of secretary of agriculture over inspections.
The secretary of agriculture shall administer the law with reference to a thorough and practical inspection as required by law covering inspection of petroleum products used in lighting and heating, and in the operation or propulsion of motor vehicles, including inspection of pumps and measures used in dispensing the same.
History:
L. 1989, ch. 163, § 12; L. 1996, ch. 105, § 8; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-438 Same; transfer of officers and employees; retention of benefits and rights; service deemed continuous.

55-438.
Same; transfer of officers and employees; retention of benefits and rights; service deemed continuous.
On the effective date of this act, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the petroleum products inspection law pertaining to the actual inspection of the products specified in K.S.A. 55-423, and amendments thereto, and who, in the opinion of the secretary of agriculture, are necessary to perform the powers, duties and functions of the petroleum products inspection law pertaining to the actual inspection of the products specified in K.S.A. 55-423, and amendments thereto, shall be transferred to, and shall become officers and employees of the state department of agriculture. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous.
History:
L. 1989, ch. 163, § 14; L. 1993, ch. 58, § 7; L. 1996, ch. 105, § 10; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-439 Same; resolution of conflicts by governor; succession to property and records.

55-439.
Same; resolution of conflicts by governor; succession to property and records.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The Kansas state department of agriculture shall succeed to all property, property rights and records which were used for or pertain to the performance of the powers, duties and functions transferred to the secretary of agriculture. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer, attachment or all or part of the powers, duties and functions of the director of taxation, shall be determined by the governor, whose decision shall be final.
History:
L. 1989, ch. 163, § 15; L. 1996, ch. 105, § 11; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-440 Same; civil and criminal actions saved.

55-440.
Same; civil and criminal actions saved.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the director of taxation with regard to the petroleum products inspection law 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 transfers effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the secretary of agriculture or any 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. 1989, ch. 163, § 16; L. 1993, ch. 58, § 8; L. 1996, ch. 105, § 12; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-441 Same; transfer of appropriations; assumption of liability for compensation of transferred officers and employees.

55-441.
Same; transfer of appropriations; assumption of liability for compensation of transferred officers and employees.
(a) On the effective date of this act, the balance of all funds appropriated and reappropriated to the director of taxation with regard to the petroleum products inspection law is hereby transferred to the department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this act, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or officer transferred by this act, or which becomes a part of the department of agriculture or the powers, duties and functions of which are transferred to the secretary of agriculture, shall be assumed and paid by the department of agriculture.
History:
L. 1989, ch. 163, § 17; L. 1993, ch. 58, § 9; L. 1996, ch. 105, § 13; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-442 Rules and regulations.

55-442.
Rules and regulations.
(a) The secretary of agriculture may adopt rules and regulations establishing standards for and identity of any petroleum product. These rules and regulations shall conform, insofar as practicable, to the American society for testing materials standards for those products and the rules and regulations and clean air act waivers of the United States environmental protection agency.
(b) The secretary of agriculture may adopt rules and regulations establishing methods of testing any petroleum product. These rules and regulations shall conform, insofar as practicable, to the methods for testing those petroleum products as established by the American society for testing materials.
(c) The secretary of agriculture may adopt rules and regulations establishing specifications, tolerances and other technical requirements for equipment used for the testing those petroleum products as established by the American society for testing materials.
(d) The secretary of agriculture may adopt rules and regulations concerning labeling of petroleum products and standards of identity for petroleum products. These rules and regulations shall conform, insofar as practicable, to the standards of identity for petroleum products as established by the American society for testing materials and to federal regulations regarding labeling whenever possible.
(e) The secretary of agriculture may adopt rules and regulations designating additional products as petroleum products.
(f) The secretary of agriculture may adopt any other rules and regulations deemed necessary for the administration of the petroleum products inspection law.
History:
L. 1993, ch. 58, § 10; L. 1996, ch. 105, § 14; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-445 Injunction, restraining order.

55-445.
Injunction, restraining order.
The secretary may bring an action in the district court for injunction or other process to restrain or prevent a violation of the petroleum products inspection law. Such injunction or other process shall issue without any bond being required.
History:
L. 1993, ch. 58, § 13; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 4 - Petroleum Products Inspection › 55-447 Servicing or repairing a dispensing device; exceptions.

55-447.
Servicing or repairing a dispensing device; exceptions.
Except as provided in K.S.A. 83-401 through 83-410, and amendments thereto, nothing in article 4 of chapter 55 of the Kansas Statutes Annotated, and amendments thereto, shall prohibit the owner of a dispensing device or the owner's employee or agent, from servicing or repairing such device. However, if such device is found out of tolerance and is rejected by the Kansas department of agriculture, the owner is responsible for repairing the device within the time specified on the rejection tag and notifying the department when the device is repaired and in operation. The owner shall pay a fee commensurate with the expense incurred by the secretary in performing the follow-up inspection or test.
History:
L. 1996, ch. 105, § 1; L. 2004, ch. 101, § 168; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-501 Pipelines declared common carriers.

55-501.
Pipelines declared common carriers.
All pipelines laid, built or maintained for the conveyance of crude oil within the state of Kansas are hereby declared to be common carriers, and said conveyance of said oil shall be in the manner and under the restrictions in this act provided.
History:
L. 1905, ch. 315, § 1; February 28; R.S. 1923, 55-501.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-502 Receptacles; duty to receive and transport oil; certificate.

55-502.
Receptacles; duty to receive and transport oil; certificate.
It shall be the duty of every person, firm, association or corporation operating under such pipeline to provide suitable and necessary receptacles for receiving such oil for transportation and for storage at the place of delivery until the same can be reasonably removed by the consignee, and shall be liable therefor from the time the same is delivered for transportation until a reasonable time after the same has been transported to the place of consignment and ready for delivery to the consignee. It shall be the duty of every such person, firm, association or corporation to receive and forward such oil as shall be offered for shipment in the order of application therefor, upon the applicant's complying with the rules herein provided for as to delivery and payment for such transportation. Such common carrier shall issue to the shipper a certificate showing the actual quantity and specific gravity thereof; but no application for such transportation shall be valid beyond or for a greater quantity than the applicant has ready for delivery at the time of making such application.
History:
L. 1905, ch. 315, § 2; February 28; R.S. 1923, 55-502.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-503 Charges for transportation.

55-503.
Charges for transportation.
It shall be unlawful for any such person, firm, association or corporation to charge for the transportation of such crude oil through its line in excess of the following rates for each barrel of forty-two gallons transported: Six miles and less, five cents; over six miles and not more than fifteen miles, six cents; over fifteen miles and not more than forty miles, seven cents; over forty miles and not more than eighty miles, eight cents; over eighty miles and not more than one hundred miles, ten cents; over one hundred miles and not more than one hundred and fifty miles, fifteen cents; over one hundred and fifty miles and not more than two hundred miles, twenty cents; over two hundred miles and not more than two hundred and fifty miles, twenty-three cents; over two hundred and fifty miles and not more than three hundred miles, twenty-five cents.
History:
L. 1905, ch. 315, § 3; February 28; R.S. 1923, 55-503.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-504 Supervision and control by state commission; rules; rates in excess of statutory provisions, when.

55-504.
Supervision and control by state commission; rules; rates in excess of statutory provisions, when.
The corporation commission shall have the general supervision and control over all such persons, firms, associations or corporations in the performance of said business, and shall prescribe reasonable rules for the conduct thereof, which rules, when prescribed and delivered in writing to any such person, firm, association, or corporation shall be printed and posted in a convenient, accessible and conspicuous place at each office, station or place of business where such oil is received or delivered. The corporation commission is hereby authorized to permit rates, in excess of those provided for in K.S.A. 55-503 upon application as provided for in chapter 66 of the Kansas Statutes Annotated, if said commission shall first find that such rates are unjust, unreasonable or inadequate.
History:
L. 1905, ch. 315, § 4; R.S. 1923, 55-504; L. 1953, ch. 269, § 1; March 27.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-506 Transportation of liquid fuels over highways; purpose.

55-506.
Transportation of liquid fuels over highways; purpose.
This act is for the purpose of aiding in the administration and enforcement of the motor-fuel laws of this state, and shall be deemed to be supplemental to and a part of such laws.
History:
L. 1933, ch. 292, § 1; May 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-507 Liquid-fuel carrier's license; certificates for vehicles.

55-507.
Liquid-fuel carrier's license; certificates for vehicles.
No person shall transport any liquid fuels or motor fuels from any refinery, place of manufacture or production, or pipeline terminal, or across the state line, in quantities of 120 gallons or more over any of the public highways of this state without having first secured from the director of taxation, and at the time holding, a valid, unrevoked liquid-fuels carrier's license and a certificate thereof for each vehicle in which such person transports such fuels, nor shall any person transport any liquid fuel or motor fuels in quantities of 3,500 gallons or more over any of the public highways of this state from any point of origin other than a refinery, place of production or manufacture or pipeline terminal without having first secured from the director of taxation, and at the time holding a valid, unrevoked certificate of a liquid-fuels carrier's license for each vehicle in which such person transports such fuels. This section shall not apply to the transportation by any consumer in the consumer's own vehicle of liquid fuels exclusively for such consumer's own use from the place of purchase to the place where it is to be consumed by such consumer.
History:
L. 1933, ch. 292, § 2; L. 1943, ch. 209, § 1; L. 1981, ch. 221, § 1; L. 1995, ch. 262, § 14; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-508 Liquid-fuel carrier's license; application, fee, certificates; suspension or revocation; notice and hearing.

55-508.
Liquid-fuel carrier's license; application, fee, certificates; suspension or revocation; notice and hearing.
Any person who shall desire to transport any liquid fuels or motor fuels over the public highways of this state may make sworn application to the director of taxation for a liquid-fuel carrier's license or licenses, on forms prepared and to be furnished by the director and containing the information required and a fee of $10 for each vehicle to be used by the licensee. The director, upon finding such application to be in compliance with law, shall issue to such applicant the number of liquid-fuel carrier's license certificates applied for, but not exceeding one for each vehicle owned and to be used by the applicant in such transportation business. Each such license certificate shall be numbered and dated, shall show the name and address of the person to whom it is issued, and shall fully identify the vehicle in which it shall authorize motor fuels or liquid fuels to be transported. Such license certificate may not be assigned or transferred, and shall expire when the vehicle is transferred or destroyed, unless sooner suspended or revoked. When a liquid-fuel carrier acquires any additional vehicles after the original license has been issued, such liquid-fuel carrier shall apply for and obtain additional license certificates, the fee for which shall be $10 for each vehicle. For any violation of K.S.A. 55-506 et seq., and amendments thereto, the motor fuel tax laws of this state or the rules and regulations of the director, the director may revoke any liquid-fuels carrier's license, upon notice and hearing in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 1933, ch. 292, § 3; L. 1943, ch. 290, § 1; L. 1945, ch. 232, § 1; L. 1957, ch. 429, § 14; L. 1981, ch. 221, § 2; L. 1988, ch. 356, § 166; L. 1995, ch. 262, § 15; L. 2001, ch. 38, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-511 Exhibit of certificate of license and bill of sale, bill of lading or manifest; required statement thereon.

55-511.
Exhibit of certificate of license and bill of sale, bill of lading or manifest; required statement thereon.
Every person in charge of any vehicle in which liquid fuels in quantities or lots of more than 120 gallons are transported over the public highways of this state shall have in the vehicle during the entire transportation the certificate of the liquid-fuels carrier's license issued for such vehicle, if such a license is required for such transportation, and in all cases a copy of the manifest on forms prescribed, prepared and furnished by the director or on forms furnished by the manufacturer, refiner or terminal operator and approved by the director showing the date of the use, sale or delivery, the purchaser and the purchaser's address, the point of delivery, the product type or types and quantity sold corrected to 60 degrees fahrenheit, the means of delivering, including the license number, if any, liquid-fuels carrier's license number, and other number and description of such tank truck or trailer. Any manifest, bill of lading, shipping paper or invoice for special fuel which is indelibly dyed in accordance with regulations prescribed pursuant to 26 U.S.C. 4082 shall include the statement "DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE USE." Such person shall exhibit every such paper or document immediately upon demand to the director of taxation or the director's deputy, agent or employee, or any law enforcement officer of this state.
For the period July 1, 1995, through June 30, 1996, the point of delivery referred to in this section shall include at a minimum the city and state of actual delivery. On and after July 1, 1996, the point of delivery referred to in this section shall include at a minimum the address, city and state of actual delivery. The facility number issued by the Kansas department of health and environment pursuant to K.S.A. 65-34,100 et seq., and amendments thereto, may be substituted in lieu of the point of delivery.
History:
L. 1933, ch. 292, § 6; L. 1981, ch. 221, § 3; L. 1995, ch. 262, § 17; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-512 Marking of vehicles; determinations of weight, measure or volume of tanks; rules and regulations.

55-512.
Marking of vehicles; determinations of weight, measure or volume of tanks; rules and regulations.
Every vehicle used in transporting motor fuels subject to the provisions of this act shall be marked in accordance with rules and regulations adopted by the secretary of revenue. The secretary of revenue shall adopt and enforce rules and regulations for the administration and enforcement of the provisions of this article. Notwithstanding the foregoing provisions, all determinations of weight, measure or volume of any vehicle tank used in the transportation of motor fuels shall be made in accordance with the provisions of K.S.A. 83-201 et seq., and amendments thereto, and the rules and regulations promulgated thereunder.
History:
L. 1933, ch. 292, § 7; L. 1943, ch. 210, § 1; L. 1965, ch. 340, § 1; L. 1972, ch. 342, § 61; L. 1989, ch. 163, § 18; L. 1995, ch. 262, § 18; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-515 Deputies, inspectors, agents and employees; powers and duties; stopping of vehicles; prosecution.

55-515.
Deputies, inspectors, agents and employees; powers and duties; stopping of vehicles; prosecution.
The director of taxation is hereby empowered and directed to appoint and employ such deputies, inspectors, agents and employees as the director shall deem necessary to administer and effectively enforce all provisions of the motor-fuel tax and liquid-fuel laws of this state. Each such appointee shall hold office or employment at the will of the director of taxation and shall perform such duties as shall be assigned to such appointee by the director of taxation. All deputies and inspectors so appointed are hereby vested with the authorities and powers of peace and police officers in the enforcement of such motor-fuel tax and liquid-fuel laws throughout the state, including the authority to arrest, with or without warrant, and to take offenders before the several courts of this state for prosecution or other proceedings, and to seize and hold or deliver to the sheriff of the proper county all motor and other vehicles, and all containers used in transporting motor or other liquid fuels in violation, or without complying with the provisions of this act, or the rules and regulations or requirements of the director of taxation, and also all motor or liquid fuels contained therein.
Such deputies, inspectors and all law enforcement officers shall also have power and authority, on public highways or any other place, to stop and detain for inspection and investigation any vehicles containing any motor or liquid fuels, or commonly used in the transportation of any such fuels, and the driver or persons in charge thereof, and to require the production by such driver or person in charge of all records, documents and papers required by law to be carried and exhibited by persons in charge of vehicles engaged in transporting such fuels. Whenever any such deputy or inspector shall find or see any person engaged in handling, selling, using or transporting any liquid fuels or motor fuels in violation of any of the provisions of the motor-fuel tax laws of this state, or whenever any such person shall fail or refuse to exhibit to such deputy or inspector, upon demand therefor, any records, documents or papers required by law to be kept subject to inspection or to be exhibited by such person, it shall be the duty of such deputy or inspector to immediately arrest such violator and take the violator before some proper court of the county in which the offense was committed and call upon the county attorney of such county to institute proper prosecution.
History:
L. 1933, ch. 292, § 10; L. 1995, ch. 262, § 19; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-516 Violations; vehicles and fuels declared nuisances and contraband; confiscation; liens.

55-516.
Violations; vehicles and fuels declared nuisances and contraband; confiscation; liens.
All motor fuels and other liquid fuels which are transported or carried on the public highways into, within or across this state in violation of any of the motor-fuel tax or liquid-fuel laws of this state, or without such laws or the rules and regulations of the director of taxation having been complied with as to such transportation or carriage, and all motor trucks and other vehicles and all containers and other property used in the transportation of motor fuels or other liquid fuels upon or over the highways of this state in violation of or without compliance with the motor-fuel tax or liquid-fuel laws of this state, or such rules and regulations, are hereby declared to be common nuisances and contraband, and shall be seized, confiscated and sold in the same manner and under the same procedure as regards complaint, warrant, seizure, notice, answer, trial, judgment, order or sale, sale and appeal as is now provided by law in the case of automobiles and other property used in the transportation or carrying of intoxicating liquors into this state or from one place to another within this state, and the interest of all parties in such motor fuels and other liquid fuels, and all such motor trucks and motor vehicles and containers shall be determined and concluded as is now provided in the case of parties having or claiming any interest in intoxicating liquors and automobiles, vehicles and other property used in transporting all intoxicating liquors, but such seizure and sale shall not defeat any bona fide lien given upon any motor vehicle to any dealer for the purchase price thereof, which lien attached prior to the time of such seizure; and such motor vehicle shall be sold subject to any such lien, provided the same is disclosed at the time of sale.
History:
L. 1933, ch. 292, § 11; L. 1995, ch. 262, § 20; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-517 Duties of county and district attorneys and law enforcement officers; fees.

55-517.
Duties of county and district attorneys and law enforcement officers; fees.
All county or district attorneys and law enforcement officers of this state are hereby charged with the same duties in respect of motor fuels and other liquid fuels so unlawfully transported, and motor trucks and other vehicles and containers so unlawfully used, as are now imposed upon them in respect of intoxicating liquors and automobiles, vehicles and other property used in their transportation in this state. The person primarily responsible and instrumental in procuring the seizure of any such contraband property and instituting proceedings for its confiscation, other than a state officer, and the county or district attorney who prosecutes the proceeding or proceedings resulting in confiscation and sale of any such contraband property, upon the making of an order to sell such property, shall each be allowed and paid a fee of not less than $5 nor more than $20, to be by the court taxed as costs and paid as other costs. The fee allowed shall not in any case exceed 1/3 of the proceeds of such sale or sales, and the court making such order shall determine any conflicting claims to such allowance.
History:
L. 1933, ch. 292, § 12; L. 1995, ch. 262, § 21; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-518 Proceeds of sales to state highway fund.

55-518.
Proceeds of sales to state highway fund.
All proceeds of sale of such confiscated property, after payment of costs and the necessary charges of storing and preserving such property prior to sale, shall be paid by the officer conducting such sale to the director of taxation and by the director paid to the state treasurer and placed in the state highway fund.
History:
L. 1933, ch. 292, § 13; May 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-525 Motor fuels defined.

55-525.
Motor fuels defined.
As used in K.S.A. 55-506 et seq., and amendments thereto, "motor fuels" means any inflammable liquid by whatever name such liquid shall be known or sold, which is used, or practically or commercially useable, either alone or when mixed or combined in an internal-combustion engine for the generation of power.
History:
L. 1957, ch. 221, § 1; L. 1995, ch. 262, § 22; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 5 - Transportation And Sale Of Oils And Liquid Fuels › 55-527 Limitation of MTBE in motor vehicle fuel; contingent on EPA waiver.

55-527.
Limitation of MTBE in motor vehicle fuel; contingent on EPA waiver.
(a) As used in this section, terms have the meanings provided by K.S.A. 79-3401, and amendments thereto.
(b) Subject to the provisions of subsection (h), on and after July 1, 2004, no person shall sell or deliver to any distributor within Kansas or import into Kansas for sale in this state any motor-vehicle fuel containing methyl tertiary-butyl ether (MTBE) in quantities greater than 0.5% by volume.
(c) On and after July 1, 2003, the distributor shall be provided, at the time of delivery of motor-vehicle fuel, on an invoice, bill of lading, shipping paper or other documentation, a declaration of the MTBE content, by volume percent, in the motor-vehicle fuel delivered.
(d) Determination of the volume percentage of MTBE in motor-vehicle fuel shall be by one or more test methods approved by the secretary of agriculture.
(e) In no event shall the provisions of this section be interpreted to authorize quantities of MTBE in motor-vehicle fuels to exceed those specified in any applicable Kansas or federal statute.
(f) The secretary of health and environment or the director of the division of environment, upon a finding that a person knowingly and willfully has violated this section, may impose a penalty not to exceed $10,000 which shall constitute an actual and substantial economic deterrent to the violation for which it is assessed. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation. No such penalty shall be imposed except after notice of violation and opportunity for hearing upon the written order of the secretary or the director of the division of environment issued to the person who committed the violation. The order shall state the violation, the penalty to be imposed and the right to request a hearing thereon. The request for hearing shall be in writing, directed to the secretary and filed with the secretary within 15 days after service of the order. The hearings shall be conducted in accordance with the Kansas administrative procedure act.
(g) Nothing in this section shall be construed to abridge, limit or otherwise impair the right of any person to damages or other relief on account of injury to persons or property and to maintain any action or other appropriate proceeding therefor.
(h) The provisions of this section shall not take effect until the United States environmental protection agency grants a waiver allowing the state of Kansas to control or prohibit the use of MTBE in motor-vehicle fuels. The secretary of health and environment shall apply for such waiver in a timely manner in order to obtain such waiver prior to July 1, 2004.
History:
L. 2001, ch. 137, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-601 Waste prohibited.

55-601.
Waste prohibited.
The production of crude oil or petroleum in the state of Kansas in such manner and under such conditions as to constitute waste is hereby prohibited and shall be unlawful.
History:
L. 1931, ch. 226, § 1; May 28.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-602 Waste defined; rules and regulations; person defined.

55-602.
Waste defined; rules and regulations; person defined.
The term "waste" as used herein, in addition to its ordinary meaning, shall include economic waste, underground waste, surface waste, waste of reservoir energy, and the production of crude oil or petroleum in excess of transportation or marketing facilities or reasonable market demands. The state corporation commission shall have authority to make rules and regulations for the prevention of such waste and for the protection of all fresh-water strata, and oil- and gas-bearing strata encountered in any well drilled for, or producing, oil. "Person" as herein used shall mean any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator and a fiduciary of any kind.
History:
L. 1931, ch. 226, § 2; L. 1933, ch. 214, § 1; L. 1939, ch. 227, § 1; March 30.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-603 Production regulated; prevention of unreasonable discrimination.

55-603.
Production regulated; prevention of unreasonable discrimination.
Whenever the full production from any common source of supply, herein called "pool", of crude oil in this state can be obtained only under conditions (a) constituting waste as defined by K.S.A. 55-602 and amendments thereto, or (b) independently of waste, under conditions injurious to the respective correlative rights of the producers in the pool, or (c) under conditions unreasonably discriminating against other pools in the state, any person having the right to drill into and produce oil from the pool may take currently no more than that proportion of all crude oil which may be produced from the pool currently without such waste, injury or discrimination, which the productivity of such person's well or wells, considered in connection with the acreage reasonably attributable to each such well, bears to the productivity of all the wells in the pool, considered in connection with the acreage reasonably attributable to each well in the pool. The state corporation commission is authorized, and it shall be its duty, to regulate the taking of crude oil from any pool within the state of Kansas as to prevent waste in the pool or, independently of waste, to prevent the inequitable or unfair taking of crude oil from the pool by any person and to prevent unreasonable discrimination therein. The commission is further authorized, and it shall be its duty, to prevent unreasonable discrimination in favor of any one pool as against any other pool or pools in this state in the allocation of allowable production among such pools.
History:
L. 1931, ch. 226, § 3; L. 1939, ch. 227, § 2; L. 1957, ch. 315, § 1; L. 1965, ch. 341, § 1; L. 1988, ch. 356, § 167; L. 1995, ch. 9, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-604 Powers of commission; proration of production; approval of plan or distribution.

55-604.
Powers of commission; proration of production; approval of plan or distribution.
(a) The commission shall have and is hereby given jurisdiction and authority:
(1) Over all matters involving the application and enforcement of this act;
(2) to make and enforce rules, regulations and orders for the prevention of waste as defined by K.S.A. 55-602 and amendments thereto and for carrying out and enforcing each and all of the provisions of this act;
(3) to employ or appoint such agent or agents as necessary to enforce and administer the provisions of this act and rules, regulations and orders adopted or issued under this act. Such agent or agents, with the exception of clerical help, shall be experienced in and conversant with the oil business; and
(4) as otherwise provided, without limiting the generality of the foregoing authority provided in this section.
(b) In prorating the production allowed to each pool among the wells in the pool, the commission shall take into consideration, among such other factors as it finds proper, and give due and proper weight to:
(1) The productivity of each such well as determined by such reasonable method as the commission shall adopt for the pool;
(2) the acreage of each well owner which is reasonably attributable to each of the owner's wells; and
(3) the efficient utilization of the reservoir energy in the pool, except that the allowable production of any well in any prorated pool shall not be reduced below 25 barrels per day. The 25 barrels per day minimum per well allowable may be reduced proportionately when the acreage attributable to any well is less than the number of acres in a spacing unit established by the corporation commission for wells in a spaced pool. In the absence of such a spacing unit, when the acreage attributable to any well is less than 10 acres, the 25 barrels per day minimum per well allowable may be reduced in the proportion that the acreage attributable to the well bears to 10 acres, except that the reduction in the 25 barrels per day minimum per well allowable by virtue of acreage adjustment shall not apply to oil and gas wells drilled or commenced prior to the effective date of this act.
(c) When it appears to the commission that those having a right to drill into and produce oil from any pool, part of any pool or prospective pool, in this state, have unanimously agreed upon a plan for the development of such pool, part of any pool or prospective pool or for the distribution of allowed production in the pool, the commission, after notice and hearing in accordance with the provisions of the Kansas administrative procedure act, may approve such plan or distribution.
History: L. 1931, ch. 226, § 4; L. 1939, ch. 227, § 3; L. 1947, ch. 310, § 1; L. 1957, ch. 316, § 1; L. 1959, ch. 236, § 1; L. 1965, ch. 341, § 2; L. 1973, ch. 219, § 3; L. 1988, ch. 356, § 168; L. 1995, ch. 9, § 2; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-604a Severability.

55-604a.
Severability.
If any clause, sentence, section, subsection, provision, or part of this act shall be adjudged to be invalid or unconstitutional by any court of competent jurisdiction, such judgment shall not invalidate, impair, or affect the remainder of this act, which shall remain in full force and effect.
History:
L. 1965, ch. 341, § 3; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-606 Rehearing; judicial review.

55-606.
Rehearing; judicial review.
(a) Any action of the commission pursuant to K.S.A. 55-601 through 55-609, and amendments thereto, is subject to review in accordance with the Kansas judicial review act. The action for review shall be brought in the district court having venue and first acquiring jurisdiction of the matter. Notwithstanding the provisions of K.S.A. 77-622, and amendments thereto, the authority of the court shall be limited to a judgment either affirming or setting aside in whole or in part the agency action.
(b) Before any action for judicial review may be brought by a person who was a party to the proceeding resulting in the agency action, a petition for reconsideration shall first be filed with the commission in accordance with the provisions of K.S.A. 77-529, and amendments thereto.
An action for judicial review may be brought by any person aggrieved by the agency action, whether or not such person was the petitioner for reconsideration. If no petition for reconsideration is filed, any person aggrieved by the agency action who was not a party to the proceeding before the commission may bring an action for judicial review of such agency action.
(c) Any action for review pursuant to this section shall have precedence in any court and on motion shall be advanced over any civil cause of different nature pending in such court. In any such action, a county abstract may be filed by the commission or any other interested party.
History:
L. 1931, ch. 226, § 6; L. 1939, ch. 227, § 5; L. 1986, ch. 318, § 75; L. 1988, ch. 356, § 170; L. 1989, ch. 283, § 22; L. 2010, ch. 17, § 100; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-607 Penalty for violations of K.S.A. 55-601 through 55-609.

55-607.
Penalty for violations of K.S.A. 55-601 through 55-609.
In addition to any penalty that may be imposed by the corporation commission, any person, firm or corporation, or any officer, agent or employee thereof, directly or indirectly, violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction shall be punished by a fine in any sum not to exceed five thousand dollars ($5,000), or by imprisonment in the county jail not to exceed thirty (30) days, or by both fine and imprisonment.
History:
L. 1931, ch. 226, § 7; May 28.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-608 Injunction and other remedies.

55-608.
Injunction and other remedies.
The corporation commission, the attorney general, or any county attorney in this state, shall have the right to maintain an action in any court of competent jurisdiction in this state to enforce by injunction, mandatory injunction, and any other appropriate legal or equitable remedy, any valid rule, order or regulation made by the corporation commission or promulgated under the provisions of this act, and the courts of general jurisdiction of this state shall have authority to make and render such judgments, orders and decrees as may be proper to enforce any such rules, orders and regulations made and promulgated by the corporation commission.
History:
L. 1931, ch. 226, § 8; L. 1933, ch. 214, § 2; March 18.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-609 Assessment of costs of administering K.S.A. 55-601 through 55-613; disposition of moneys.

55-609. Assessment of costs of administering K.S.A. 55-601 through 55-613; disposition of moneys.
(a) Subject to the provisions of K.S.A. 55-143, and amendments thereto, the state corporation commission is hereby authorized and directed to tax and assess against the parties involved in any hearing or application all or any part of the costs incurred therein and also, all or any part of the costs to the state incurred in making necessary investigations and in enforcing its orders under K.S.A. 55-601 to 55-613, inclusive, and amendments thereto, and divide such costs among the parties in such proportion as is just and equitable.
(b) The state corporation commission shall remit all moneys received by or for it for costs taxed and assessed under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the conservation fee fund created by K.S.A. 55-143, and amendments thereto.
(c) Assessments imposed on the basis of a volume measure of production under the authority of this section shall be reported and remitted in the manner provided in K.S.A. 79-4230, and amendments thereto.
History:
L. 1931, ch. 226, § 9; L. 1957, ch. 312, § 2; L. 1971, ch. 187, § 5; L. 1978, ch. 211, § 6; L. 1986, ch. 204, § 4; L. 1986, ch. 201, § 39; L. 2001, ch. 5, § 196; L. 2011, ch. 53, § 21; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-609a Invalidity of K.S.A. 55-601 through 55-609.

55-609a.
Invalidity of K.S.A. 55-601 through 55-609.
If any section, subsection, paragraph or provision of this act shall be held to be invalid by any court for any reason, it shall be presumed that this act would have been passed by the legislature without such invalid section, subsection, paragraph or provision, and such finding or conclusion shall not in any way affect the remainder of this act.
History:
L. 1931, ch. 226, § 10; May 28.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-609b Invalidity of K.S.A. 55-602 through 55-606.

55-609b.
Invalidity of K.S.A. 55-602 through 55-606.
If any section, subsection, paragraph, sentence, provision, clause or phrase of this act shall be held to be unconstitutional or invalid for any reason, it shall be presumed that this act would have been passed by the legislature without such invalid section, subsection, paragraph, sentence, provision, clause or phrase, and such decision shall not in any way affect the remainder of this act.
History:
L. 1939, ch. 227, § 7; March 30.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-610 Buying or selling of illegally produced crude oil or petroleum unlawful.

55-610.
Buying or selling of illegally produced crude oil or petroleum unlawful.
It is hereby declared to be unlawful for any person, firm or corporation to buy from or sell to any person, firm or corporation crude oil or petroleum produced from any oil well or wells in this state in violation of any order, judgment or decree of courts of competent jurisdiction, or of any order, rule or regulation of any body or agency authorized by law to conserve and regulate the production of crude oil or petroleum, or to take or produce crude oil or petroleum from any oil well or wells owned or operated by himself or herself or others in violation of any order, judgment or decree of courts of competent jurisdiction, or of any order, rule or regulation of any body or agency authorized by law to conserve and regulate the production of crude oil or petroleum.
History:
L. 1933, ch. 175, § 1; March 18.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 6 - Crude Oil Or Petroleum; Production And Sale › 55-611 Same; penalties.

55-611.
Same; penalties.
Any person, firm or the officials of any corporation violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction in any court having jurisdiction of the offense, be punished by a fine not exceeding $500 or by confinement in the county jail not exceeding six months, or both. Each day's violation shall be considered a separate offense.
History:
L. 1933, ch. 175, § 2; March 18.