74-601: State corporation commission; creation;
members, appointment,
terms, vacancies; chairperson; salaries; application of K-GOAL.
(a) There is hereby created the state
corporation commission, which shall consist of three members appointed by
the governor, subject to confirmation by the senate as provided in K.S.A.
75-4315b, and amendments thereto. Except as provided by K.S.A.
46-2601, no person
appointed to the commission shall exercise any power, duty or function as a
member of the commission until confirmed by the senate. No more than
two members of the commission shall belong to the same political party.
Each member shall be appointed for a term of four years and until a
successor has been appointed and confirmed. In case of a
vacancy in the
office of a member of the commission, the governor shall appoint a
successor to fill the vacancy for the unexpired term.
(b) The terms of members who are serving on the commission on the
effective
date of this act shall expire on March 15, of the year in which such
member's
term would have expired under the provisions of this section prior to amendment
by this act. Thereafter, members shall be appointed for terms of four years
and until their successors are appointed and confirmed.
(c) The commission shall elect one of its members as chairperson
of
the commission. The chairperson of the commission shall receive an
annual salary in an amount equal to the annual salary prescribed by law
for the chief judge of the court of appeals, payable monthly.
Each other member of the
commission shall receive an annual salary in an amount equal to the annual
salary paid by the state to a judge of the
court of appeals, other than the chief judge, payable monthly. Each
member of the commission shall
devote full time to the duties of the office.
(d) The provisions of the Kansas governmental operations
accountability
law apply to the state corporation commission and the commission is subject to
audit, review and evaluation under such law.
History: L. 1933, ch. 275, § 1;
L. 1937, ch. 329, § 13;
L. 1945, ch. 303, § 3;
L. 1947, ch. 416, § 3;
L. 1949, ch. 405, § 1;
L. 1953, ch. 363, § 2;
L. 1955, ch. 345, § 1;
L. 1957, ch. 424, § 1;
L. 1961, ch. 378, § 1;
L. 1965, ch. 458, § 5;
L. 1967, ch. 443, § 5;
L. 1970, ch. 309, § 1;
L. 1973, ch. 175, § 61;
L. 1974, ch. 361, § 63;
L. 1975, ch. 398, § 1;
L. 1976, ch. 380, § 10;
L. 1978, ch. 308, § 53;
L. 1978, ch. 350, § 3;
L. 1982, ch. 347, § 30;
L. 1984, ch. 318, § 12;
L. 1992, ch. 116, § 33;
L. 1995, ch. 241, § 8; July 1.
74-601a: Public service commission abolished.
The public service commission as created by chapter 259 of the Laws of
1929, being sections 74-601, 74-602, 74-603, 74-605a, 74-605b, 74-605c,
74-606 and 74-608 of the 1931 Supplement to the Revised Statutes is hereby
abolished.
History: L. 1933, ch. 275, § 2; March 18.
74-601b: Powers, duties, authority and jurisdiction of bank
commissioner and charter board under 17-1223 to 17-1251 conferred upon
commission.
All the powers, duties, authority and jurisdiction now exercised by and
imposed by law upon the bank commissioner and upon the charter board
relating to speculative securities, and all powers, duties, authority and
jurisdiction imposed upon the bank commissioner or the charter board under
chapter 140 [17-1223 to 17-1251] of the Laws of 1929, the same being
article 12 of chapter 17 of the 1931 Supplement to the Revised Statutes of
Kansas for 1923, are hereby transferred to and imposed and conferred upon
the state corporation commission herein created, and said state corporation
commission is hereby empowered and directed to do all things necessary and
convenient for the proper exercise of all such powers, duties, authority
and jurisdiction.
History: L. 1933, ch. 275, § 4; March 18.
74-601c: Powers, duties, authority and jurisdiction under 55-601
to 55-609 conferred.
All of the powers, duties, authority and jurisdiction heretofore
vested in the public service commission under and by virtue of sections
55-601 to 55-609, 1931 Supplement to the Revised Statutes of Kansas, 1923,
and chapter 214 of the Session Laws of 1933, be and are hereby
vested in the state corporation commission.
History: L. 1933, ch. 79, § 1 (Special Session); Nov. 9.
74-602: Powers, duties, authority and jurisdiction conferred upon
commission.
All of the powers, duties, authority and jurisdiction now exercised by
and imposed by law upon the public service commission relating to public
utilities, common carriers and motor carriers, and all the powers, duties,
authority and jurisdiction imposed upon the public utilities commission by
chapter 238 of the Laws of 1911, as amended (now sections 66-101 to 66-195,
inclusive, Revised Statutes of 1923, and 1931 Supplement thereto), and by
chapter 239 of the Laws of 1931, the same being Revised Statutes 1931
Supplement, 74-602a to 74-602d [66-1401 to 66-1403, 66-1501], inclusive,
and all parts of the laws relating to the duties and liabilities of
railroads (now sections 66-201 to 66-1209, inclusive, Revised Statutes of
1923, and 1931 Supplement thereto), under which the public service
commission now exercises jurisdiction over common carriers and motor
carriers, are hereby transferred to and imposed and conferred upon the
state corporation commission created under the provisions of this act, and
the state corporation commission herein created is hereby empowered and
directed to do all things necessary and convenient for the proper exercise
of all such powers, duties, authority and jurisdiction.
History: L. 1933, ch. 275, § 3; March 18.
74-603:
History: L. 1929, ch. 259, §
5; Repealed, L. 1933, ch. 275, §
13; March 18.
74-604:
History: R.S. 1923, 74-604; Repealed, L. 1925, ch. 258, §
10; March 10.
74-605: Corporation commission; qualifications and oaths of members,
secretary and attorney; extra employees.
No person owning any bonds, stock or property in any railroad company or
other common carrier or public utility, or who is in the employment of, or
who is in any way or manner pecuniarily interested in, any railroad company
or other common carrier or public utility, shall be eligible, except as
hereinafter provided, to the office of commissioner, attorney or secretary
of said commission, nor shall such commissioner, attorney or secretary hold
any office of profit or any position under any committee of any political
party, or hold any other position of honor, profit or trust under or by
virtue of any of the laws of the United States or of the state of Kansas.
Said commissioners shall be qualified electors of the state, and shall not
while such commissioners engage in any occupation or business inconsistent
with their duties as such commissioners.
And if any member of the commission, at the time of his appointment,
shall own any bonds, stock or property in any railroad company or other
common carrier or public utility, or is in the employment of, or is in any
way or manner pecuniarily interested in any railroad company or any common
carrier or public utility, such commissioner or other appointee shall
within thirty (30) days divest himself of such interest or employment, and
upon his failing to do so he shall forfeit his office, and the governor
shall remove such commissioner and shall appoint his successor, who shall
hold until a successor is appointed and qualified.
Each of said commissioners, attorney and secretary shall be sworn,
before entering upon the discharge of the same, to faithfully perform the
duties of the respective offices. Said commission is authorized and
empowered to employ, subject to the approval of the governor, such extra
accountants, engineers, experts and special assistants as in its judgment
may be necessary and proper to carry the provisions of this act into
effect, and to fix their compensation; and such employees shall hold their
office during the pleasure of said commission: Provided, That no
person related by blood or marriage to any member of such commission shall
be appointed or employed by said commission.
History: R.S. 1923, 74-605; L. 1967, ch. 434, § 23; July 1.
74-605a: Same; oaths of members.
The members of the state corporaton commission shall take the oath
required for other state officers.
History: L. 1933, ch. 275, § 5; L. 1967, ch. 434, § 24; July 1.
74-605b:
History: L. 1929, ch. 259, §
6; Repealed, L. 1933, ch. 275, § 13; March 18.
74-605c:
History: L. 1929, ch. 259, §
8; Repealed, L. 1933, ch. 275, § 13; March 18.
74-606: Corporation commission main office in Topeka, conservation
division
in Wichita; director, petroleum engineer and interagency coordinator of
division unclassified.
The state corporation commission shall keep its office in the city of
Topeka, and the office of the conservation division in the city of
Wichita and the members thereof may act officially in any part of the
state. The director of the conservation division of the state corporation
commission shall be in the unclassified service under the Kansas civil service
act.
The petroleum engineer and interagency coordinator within the conservation
division of the state corporation commission shall be in the unclassified
service under the Kansas civil service act.
History: L. 1933, ch. 275, § 6; L. 1957, ch. 442, § 6; L. 1981,
ch. 298, § 1;
L. 1994, ch. 1, § 1; July 1.
74-607: Same; records; seal; copies as evidence.
Said corporation commission shall keep an accurate record of all its
official acts, and shall also provide a seal. All process or certificates
issued or given by the said commission shall be attested by its seal.
Copies of the record of the commission, certified by the secretary and
attested with the seal of the commission, shall be received in evidence
with like effect as copies of other public records.
History: R.S. 1923, 74-607; Dec. 27.
74-608 to 74-612:
History: L. 1933, ch. 275, §§
7 to 11; Repealed, L. 1951, ch. 434, § 1; June 30.
74-613:
History: L. 1933, ch. 275, §
12; L. 1933, ch. 14, §
3; Repealed, L. 1951, ch. 434, §
1; June 30.
74-614: State corporation commission; certain professional employees
of utilities division in unclassified service.
On and after the effective date of this act, all engineers, auditors, accountants,
rate analysts, economists and similar professional employees within the
utilities division of the state corporation commission shall be in the unclassified
service under the Kansas civil service act.
History: L. 1979, ch. 236, § 1; April 24.
74-615: State corporation commission; director of transportation division
in unclassified service.
The director of the transportation division of the state corporation commission
shall be in the unclassified service under the Kansas civil service act.
History: L. 1980, ch. 200, § 4; July 1.
74-616: State corporation commission; powers and
duties relating to energy resources.
In addition to other powers and duties provided by law, in administering
the provisions of this act the
state corporation commission shall:
(a) Adopt rules and regulations necessary for the administration of this
act;
(b) develop a comprehensive state energy conservation plan and the
procedures
for implementing the plan according to federal requirements;
(c) make requests for and accept funds and other assistance from federal
agencies for energy conservation and other energy-related activities in
this state, including, but not limited to, the state energy
program;
(d) administer federal energy conservation programs in this state;
(e) prepare an emergency management
plan for natural gas and electric energy to be adopted
during activation of emergency
support function 12 of the Kansas response plan established under K.S.A. 48-920
et seq., and amendments thereto, which plan shall include the
system of priorities
for natural gas and electric energy allocation and
curtailment of energy resources consumption
established under K.S.A. 74-620, and amendments thereto.
History: L. 1983, ch. 258, § 1;
L. 1994, ch. 248, § 28;
L. 2007, ch. 65, § 1; July 1.
74-617: Receipt and disbursement of federal funds; energy grants management
fund created.
Whenever any moneys are received by the state corporation
commission from federal agencies for energy conservation and other
energy-related
activities, the state corporation commission shall remit all such moneys
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 to the credit of the energy grants management
fund, which is
hereby created in the state treasury. All expenditures from such fund shall be
made in
accordance with appropriation acts and any applicable contracts or
agreements upon warrants of the director of accounts and reports issued
pursuant to vouchers approved by the chairperson of the state corporation
commission, or by a person designated by the chairperson.
History: L. 1983, ch. 258, § 2;
L. 2001, ch. 5, § 299; July 1.
74-618:
History: L. 1983, ch. 258, § 3;
Repealed, L. 2007, ch. 65, § 4; July 1.
74-619: Proclamation of state of disaster emergency
by governor when demand exceeds energy supply.
(a) Except as provided for in K.S.A. 48-924, and amendments thereto,
whenever it appears from an evaluation of conditions
in the state by the governor that the supply of natural gas and electric
energy is inadequate
to meet the demand for such energy in the state or any
geographic
areas of the state and that the public health, safety
and welfare are threatened thereby, the governor may proclaim that a state of
disaster emergency exists
pursuant to K.S.A. 48-924, and amendments thereto.
History: L. 1983, ch. 258, § 4;
L. 2007, ch. 65, § 2; July 1.
74-620: Same; system of priorities for energy
resource allocation; rules and
regulations.
The state corporation commission shall adopt rules and regulations establishing
a system of priorities for the allocation of available natural gas and
electric energy or for the curtailment of the consumption
of such natural gas and electric energy, or both,
during an activation of emergency
support
function 12 of the Kansas response plan proclaimed by the governor pursuant
to K.S.A. 48-920 et seq., and amendments thereto. Such
rules and regulations shall apply to all suppliers and consumers of natural
gas and electric energy.
History: L. 1983, ch. 258, § 5;
L. 2007, ch. 65, § 3; July 1.
74-621: Same; unlawful acts, penalty.
It is unlawful during any energy resources emergency proclaimed by the governor
under K.S.A. 74-619 for any person to intentionally violate any
provision of the system of priorities for the allocation of available energy
resources or for the curtailment of the consumption of such energy
resources, or both, established by any rule and regulation adopted by the
state corporation commission under K.S.A. 74-620. Such violation
of any such provision by any person is a class C misdemeanor.
History: L. 1983, ch. 258, § 6; July 1.
74-622: Kansas energy office abolished; state corporation commission,
successor; transfer of appropriations, records, employees; continuation
of effect of rules and regulations and orders and directives.
(a) On July 1, 1983, the unexpended balances of any appropriations for and
funds available to the Kansas energy office abolished under this act are
hereby transferred to the state corporation commission to be used for the
purpose of implementing the provisions of this act.
(b) On July 1, 1983, all records and property of the Kansas energy office
abolished under this act are hereby transferred to and conferred
and imposed upon the state corporation commission.
(c) Whenever the Kansas energy office, or words of like effect, is referred
to or designated by a contract, grant or other document, such reference
or designation shall be deemed to apply to the state corporation commission.
Whenever the director of the Kansas energy office,
or words of like effect, is referred to or designated by a contract, grant
or other document, such reference or designation shall be deemed to apply
to the state corporation commission. All awards or grants made by the director
of the Kansas energy office, which are in effect on July 1, 1983, shall
continue to be effective for the duration of the period for which they were
made, unless revised or nullified in accordance with law. All contracts
entered into by the director of the Kansas energy office prior to July 1,
1983, and not fully executed on such date, shall remain in full force and
effect until fully executed or until terminated or revoked in the manner
provided in such contract or as is otherwise provided by law on the date
of such contract.
(d) All rules and regulations and all orders and directives of the director
of the Kansas energy office in existence immediately prior to the effective
date of this act which relate to the powers, duties and functions imposed
by law upon the state corporation commission shall continue to be effective
and shall be deemed to be the rules and regulations and orders or directives
of the state corporation commission, until revised, amended, repealed or
nullified pursuant to law.
(e) Effective July 1, 1983, and subject to the provisions of appropriations
acts, officers and employees who were officers and employees of the Kansas
energy office and who were engaged
immediately prior to that date in the performance of the same or similar
powers, duties and
functions which
are transferred to or imposed upon the state corporation commission by this
act, and who, in the opinion of the
chairperson of the state corporation commission, are necessary to perform such powers,
duties and functions
shall become officers and employees
of the state corporation commission, and shall retain all
retirement benefits which such officer or
employee had before July 1, 1983, and their services shall be deemed to
have been continuous. All such officers and employees who become officers
and employees of the state corporation commission under this section shall
be in the unclassified service under the Kansas civil service act.
(f) The Kansas energy office is hereby abolished.
History: L. 1983, ch. 258, § 7; July 1.
74-623: Jurisdiction to regulate oil and gas
activities with
corporation commission; transfer of powers to commission from
department of health and environment; contracts, rules and regulations and
orders remain in effect.
(a) The state
corporation commission shall have the
exclusive jurisdiction and authority to regulate oil and gas activities.
The state corporation commission's jurisdiction shall include: (1) All
practices involved in the exploration for and gathering of oil and gas and
the drilling, production, lease storage, treatment, abandonment and
postabandonment of oil and gas wells; (2) underground
porosity storage of natural gas, as defined in K.S.A. 2002 Supp. 55-1,115, and
amendments
thereto; and
(3) prevention and
cleanup of pollution of the soils and waters of the state from oil and gas
activities described in (1) or (2).
The state corporation commission shall not have jurisdiction over the
refining, treating or storing of oil or gas after transporting of such oil or
gas, except for the storing of natural gas described in (2).
(b) All jurisdiction and authority of the Kansas department of health
and environment relating to the cleanup of pollution of the
soils and waters of the state from
oil and gas activities
described in subsection (a) is hereby transferred to the state
corporation
commission.
(c) The state corporation commission shall be the successor in every way
to the powers, duties and functions of the Kansas department of health and
environment
relating to the cleanup of
pollution of the soils and waters of the state from oil and gas activities
described in subsection (a).
Every act performed in the exercise of
such powers, duties and functions by or
under authority of the state corporation commission shall be deemed to
have the same force and effect as if performed by the department of health
and environment.
(d) Whenever the Kansas department of health and environment, or words
of like effect, is referred
to or designated by a statute, contract or other document relating to the
cleanup of pollution of the
soils and waters of the state from
oil and gas activities described in subsection (a),
such reference shall be deemed to apply to the state corporation commission.
(e) All rules and regulations of the secretary of health and environment
which are in existence on July
1, 1995,
and relate to the cleanup of pollution of the soils and waters of the state
from oil and gas activities described in subsection (a) shall
continue to be effective
and shall be deemed to be the duly adopted rules and regulations of the
state corporation commission until revised, amended, revoked or nullified
pursuant to law.
(f) All orders and directives of the Kansas department of health and
environment which are in existence on July 1, 1995, and relate to the cleanup
of
pollution of the soils and waters of the state from oil and gas activities
described in subsection (a)
shall continue to be effective and
shall be deemed to be orders
and directives of the state corporation commission until revised, amended,
revoked or nullified pursuant to law.
History: L. 1986, ch. 201, § 1;
L. 1995, ch. 204, § 14;
L. 2001, ch. 191, § 16; July 1.
74-624: Corporation commission successor to certain property and
records; transfer of funds and appropriations.
The state corporation commission shall succeed to all
property and records of the Kansas department of health and environment
which were used for, or pertained to, the performance of the powers, duties
and functions transferred pursuant to K.S.A. 74-623 through 74-628, and
amendments thereto. On July 1,
1995, the balance of all funds appropriated and reappropriated to the
department of health and environment for the activities of the department of
health and
environment relating to the protection of surface water and groundwater
from pollution by oil and gas activities, which activities shall include
all practices involved in the exploration for oil and gas and the drilling,
production, lease storage, treatment, abandonment and postabandonment of
oil and gas wells and salt water disposal or injection wells
are hereby
transferred to the state corporation commission and shall be used only for
the purposes for which the appropriation was originally made. Any conflict
as to the proper disposition of such property or records or the unexpended
balances of any appropriation or reappropriation arising under this section
shall be resolved by the governor, and the decision of the governor shall be
final.
History: L. 1986, ch. 201, § 2;
L. 1995, ch. 204, § 15; July 1.
74-625: Liability for compensation and salaries transferred to commission.
On July 1, 1995, 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 and
functions transferred by K.S.A. 74-623 through 74-628, and
amendments thereto, shall be assumed and paid by the state
corporation commission.
History: L. 1986, ch. 201, § 3;
L. 1995, ch. 204, § 16; July 1.
74-626: Conflicts to be resolved by the governor.
Whenever any conflict arises as to the disposition of any
power, duty or function as a result of any transfer made by or
under authority of K.S.A. 74-623 through 74-628, and amendments
thereto, such conflict shall be resolved by the
governor, and the decision of the governor shall be final.
History: L. 1986, ch. 201, § 4;
L. 1995, ch. 204, § 17; July 1.
74-627: Civil and criminal proceedings shall not abate.
(a) No suit, action or other proceeding, judicial or
administrative, lawfully commenced by or against the
Kansas department of health and environment
or by or against any officer or employee
of the department acting in the official capacity of
such officer or employee or in relation to the discharge of official
duties, shall abate by reason of the transfer of powers, duties and
functions effected under the provisions of K.S.A. 74-623 through
74-628, and amendments thereto. The court may allow
any such suit, action or proceeding to be maintained by or against the
state corporation commission.
(b) No criminal action commenced or which could have been commenced by
the state shall abate by the taking of effect of K.S.A. 74-623
through 74-628, and amendments thereto.
History: L. 1986, ch. 201, § 5;
L. 1995, ch. 204, § 18; July 1.
74-628: Transfer of certain officers and employees.
(a) On July 1, 1995, all officers
and
employees who were engaged immediately prior to that date in the performance of
powers, duties and functions transferred pursuant to
K.S.A. 74-623 through 74-627, and amendments thereto, and who
are necessary to perform such
powers, duties and functions, shall be transferred to and shall become
officers and employees of the state corporation commission.
(b) Any
officer or employee transferred pursuant to this section whether before or
after amendment of this section on July 1, 1995, shall retain all retirement
benefits and all rights of
civil service which have accrued to or vested in such officer or employee
prior to the officer's or employee's
transfer. The service of each officer
or employee so transferred shall be deemed to have been continuous. All
transfers and any abolishments of personnel in the classified service under
the Kansas civil service act shall be in accordance with civil service laws
and rules and regulations adopted thereunder.
History: L. 1986, ch. 201, § 6;
L. 1995, ch. 204, § 19; July 1.
74-629: Organization of commission office;
delegation of powers and duties
to executive director, general counsel and division and other
directors.
The state corporation commission is authorized to organize the
office of the state corporation commission as it deems most efficient, so long
as the same is not in conflict with law. Division directors, and other
directors specified in subsection (b) of K.S.A. 74-630,
the general counsel and the executive director shall perform such duties and
exercise powers as are delegated by the state corporation commission and such
duties and powers as are prescribed by law.
History: L. 1994, ch. 1, § 2; July 1.
74-630: Appointment of certain commission officers in unclassified
service.
(a) The state corporation commission may appoint persons to
the
positions specified in subsection (b) to serve as full-time employees of the
state. Such persons shall be in the unclassified service of the Kansas civil
service act and shall receive compensation fixed by the state corporation
commission and approved by the governor, subject to the limitations of
appropriations therefor.
(b) The offices to which this section apply are the following:
(1) The director of the division of utilities;
(2) the director of the division of conservation;
(3) the director of the division of transportation;
(4) the director of public affairs and consumer protection;
(5) the general counsel; and
(6) the executive director, who shall also serve as secretary to the state
corporation commission.
History: L. 1994, ch. 1, § 3; July 1.
74-631: Appointment of other commission employment in classified
service.
The state corporation commission, subject to the
Kansas civil service act and subject to appropriations therefor, may appoint
other
employees necessary to implement the duties and powers prescribed by law.
Employees appointed under this section shall be in the classified service of
the Kansas civil
service act, unless otherwise specifically provided by law.
History: L. 1994, ch. 1, § 4; July 1.
74-632:
History: L. 1995, ch. 204, § 21;
Repealed, L. 1996, ch. 263, § 11; July 1.
74-633: Representative to regional transmission
organization, authority.
(a) The state corporation commission representative to
any regional
transmission organization recognized by the federal energy regulatory
commission of which one or more Kansas electric public utilities is a member is
hereby
authorized to participate fully in all decision-making bodies of such regional
transmission
organization, whether the decision of such bodies are advisory to or binding on
the regional transmission authorization.
(b) Nothing in this section shall limit the state corporation commission's
regulatory jurisdiction or authority to appeal to the federal energy regulatory
commission any decision by a regional transmission organization or relieves the
commission of its obligation and authority to ensure electric public utilities
provide efficient and sufficient service.
History: L. 2005, ch. 107, § 1; Apr. 21.