Statute 66-138: Common carriers, public utilities; penalties
for violation of law; disposition; enforcement.
(a) If any common carrier or public utility governed by the provisions
of
this act violates any of the provisions of this act, or shall do any
act herein prohibited, or fails or refuses to perform any duty enjoined
upon it in this act, or fails, neglects or refuses to obey any lawful
requirement or order made by the commission, or any final judgment or
decree made by any court upon appeal from any order of the commission, it
shall, for every such violation, failure or refusal, forfeit and pay to the
state treasurer
(1) A sum not less than $100 and not more than $1,000 for such offense if
the
violator is a telecommunications public utility subject to traditional rate
of return regulation; a telecommunications public utility described in
K.S.A.
66-104a, and amendments thereto; a municipally owned and operated electric or
natural gas public utility; an electric or natural gas cooperative public
utility; a water
public utility; or a nonprofit public utility; and (2) a sum not less than
$100 and not more than $5,000 for such offense if the violator is any other
common carrier or public utility.
Upon receipt of any such sum, the state treasurer shall credit the entire
amount thereof to the public service regulation fund or the motor carrier
license fee fund, as the case requires.
Such forfeiture shall be enforced and collected by the attorney general
in any court of competent jurisdiction. The attorney general may appoint a
corporation commission attorney as a special assistant attorney general for the
purposes of enforcing and collecting any forfeiture contemplated herein. In
construing and enforcing the
provisions of this act, any act, omission or failure of any officer, agent
or other person acting for or employed by any such public utility
or common
carrier, while
acting within the scope of such person's employment, shall in every
case be deemed to be the act, omission or failure of such public
utility or
common carrier and every day during which any such public utility
or
common carrier or officer, agent or employee thereof, fails to comply
with any order or direction of the commission, or to perform any duty
required or enjoined by this act, shall constitute a separate and distinct
violation of the provisions of this act.
(b) The provisions of subsection (a), shall not apply to any motor
carrier.
History: L. 1911, ch. 238, § 38;
R.S. 1923, 66-138;
L. 1973, ch. 106, § 18;
L. 1986, ch. 248, § 1;
L. 1994, ch. 88, § 1;
L. 2000, ch. 78, § 3;
L. 2001, ch. 92, § 5;
L. 2004, ch. 103, § 1; July 1.