Chapter 66, PUBLIC UTILITIES

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 payment…

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 …

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. Revisor's Note: Filing requireme…

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, paragrap…

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 inves…

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.

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…

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 a…

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, …

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.

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 ins…

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…

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 lic…

66-1709. Citation of act. This act may be cited and shall be known as the overhead power line accident prevention act. History: L. 1993, ch. 119, § 1; July 1. Source or Prior Law: 66-1701.

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 u…

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 tra…

66-1712. Notification to public utility of prohibited acts; costs incurred by public utility charged to person responsible for activity, disagreement, arbitration. (a) When any person desires to carry out temporarily any function or activity in closer proximity to any high voltag…

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 cl…

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 t…

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 p…

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…

66-1801. Kansas underground utility damage prevention act. This act shall be known and may be cited as the Kansas underground utility damage prevention act. History: L. 1993, ch. 217, § 1; July 1. CASE ANNOTATIONS 1. Corporation commission's order upheld in levying penalty agains…

66-1802. Definitions. As used in this act: (a) "Damage" means any impact or contact with an underground facility, its appurtenances or its protective coating, or any weakening of the support for the facility or protective housing that requires repair. (b) "Electric public utility…

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 propose…

66-1804. Notice of intent of excavation; requirements. (a) Except in the case of an emergency, an excavator shall serve notice of intent of excavation at least two full working days but not more than 20 calendar days before the scheduled excavation start date, on each operator ha…

66-1805. Notification center; duties and operation; fees; annual report; audits. (a) This act recognizes the establishment of a single notification center for the state of Kansas. Each operator who has an underground facility shall become a member of the notification center. (b) …

66-1806. Identification of location of facilities; duties of operator; liability for damages. (a) Except as provided by subsection (j), beginning on the later of the first working day after the excavator has filed notice of intent to excavate or the first day after the excavator …

66-1807. Emergency excavations. (a) In the case of an emergency which involves danger to life, health or property or which requires immediate correction in order to continue the operation of an industrial plant or to assure the continuity of public utility service, excavation, ma…

66-1808. Application of other laws. This act shall not be construed to authorize, affect or impair local ordinances, resolutions or other provisions of law concerning excavating or tunneling in a public street or highway or private or public easement. History: L. 1993, ch. 217, §…

66-1809. Excavator's duty to exercise reasonable care; trenchless excavation; rules and regulations. (a) Upon receiving information as provided in K.S.A. 66-1806, and amendments thereto, an excavator shall exercise such reasonable care as may be necessary for the protection of an…

66-1810. Contact with or damage to facility; procedure; notification requirements. When any contact with or damage to any underground facility occurs, the excavator shall immediately notify the operator and the notification center. Upon receiving such notice, the operator immedia…

66-1811. Effect of violation of act, liability for damages; application of other laws. (a) In a civil action in a court of this state when it is shown by competent evidence that personal injury, death or other damages, including damage to any underground facilities, occurred as a…

66-1812. Violation of act, civil penalties and injunctive relief. Any person to whom this act applies, who violates any of the provisions contained in this act, shall be subject to civil penalties and injunctive relief as set out in K.S.A. 66-1,151, and amendments thereto, and an…

66-1813. Administration and enforcement by corporation commission. This act shall be administered and enforced by the state corporation commission of the state of Kansas. History: L. 1993, ch. 217, § 13; July 1.

66-1814. Severability. If any provision of this act or the application thereof to any person or circumstance is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby. History: L. 1993, ch. 217,…

66-1815. Kansas underground utility damage prevention act; rules and regulations. (a) The state corporation commission shall have full power and authority to adopt all necessary rules and regulations for carrying out the provisions of K.S.A. 66-1801 through 66-1814, and amendment…

66-1816. Underground potable water and sanitary sewage facilities; locatable. (a) All tier 2 facilities installed by an operator after July 1, 2008, shall be locatable. (b) As used in this section, "tier 2 facility" means an underground facility used for transporting, gathering, …

66-2001. Telecommunications; declaration of public policy. It is hereby declared to be the public policy of the state to: (a) Ensure that every Kansan will have access to a first class telecommunications infrastructure that provides excellent services at an affordable price; (b) …

66-2002. Duties of the corporation commission. The commission shall: (a) Adopt a definition of "universal service" and "enhanced universal service," pursuant to subsections (p) and (q) of K.S.A. 66-1,187, and amendments thereto; (b) authorize any requesting telecommunications car…

66-2003. Local exchange carriers and electing carriers; resale; terms and conditions. (a) On or before September 1, 1996, the commission shall begin to authorize applications for certificates of public convenience and necessity to provide local exchange or exchange access service…

66-2004. Rural telephone companies; competition; certification. (a) Pursuant to 47 U.S.C. § 251(f)(1), the obligations of an incumbent local exchange carrier, which include the duty to negotiate interconnection, unbundled access, resale, notice of changes and collocation, shall n…

66-2005. Telecommunications; infrastructure development; universal service requirements; rate rebalancing; price cap regulation; price deregulation; when; exceptions; commission report; individual customer pricing; price reregulation; electing carriers and telecommunications carr…

66-2006. Lifeline service program; enrollment of existing and eligible customers; withdrawal; universal service fund. (a) On or before January 1, 1997, the commission shall establish the Kansas lifeline service program, hereinafter referred to as the KLSP. The purpose of the KLSP…

66-2007. Local exchange rates; commission investigation of increases; approval of certain price increases. (a) All local exchange carriers, not including electing carriers, providing long distance service in Kansas shall reduce their statewide averaged basic long distance rates t…

66-2008. Kansas universal service fund; funding; authorized expenditures; distributions; limitations and cap; supplemental funding. On or before January 1, 1997, the commission shall establish the Kansas universal service fund, hereinafter referred to as the KUSF. (a) The commiss…

66-2009. Eligibility for KUSF funding; carrier of last resort obligations. (a) Local exchange carriers, not including electing carriers, that provided switched local exchange services in the state prior to January 1, 1996, or their successors, shall serve as the carrier of last r…

66-2010. KUSF administrator; duties and powers; KAN-ED funding. (a) The commission shall utilize a competitive bidding process to select a neutral, competent and bonded third party to administer the KUSF. (b) The administrator shall be responsible for: (1) Collecting and auditing…

66-2011. Internet access. (a) As used in this section, "the internet" means the international network of interconnected government, educational, and commercial computer networks. An "internet service provider" means an entity that provides end user access to the internet. Nothing…

66-2014. Effect of act on property taxes. The definitions in this act shall not be used as a basis to determine whether a taxpayer is a public utility for purposes of K.S.A. 79-5a01, and amendments thereto. History: L. 1996, ch. 268, § 17; July 1. Cross References to Related Sect…

66-2015. Preemption of act. The commission shall not enforce any provision of this act nor any order entered by authority of this act which is specifically preempted by the federal act. History: L. 1996, ch. 268, § 18; July 1. CASE ANNOTATIONS 1. Kansas telecommunications act of …