Chapter 66 — PUBLIC UTILITIES

66-1324a. History: L. 1977, ch. 304, § 9; L. 1980, ch. 46, § 3; L. 1988, ch. 356, § 265; Repealed, L. 1990, ch. 244, § 2; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Sessi…

66-1325. History: L. 1977, ch. 304, § 11; Repealed, L. 1988, ch. 266, § 17; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents…

66-1326. Contracts between state agencies; centralized issuance of permits. The secretary of revenue, the secretary of transportation, the superintendent of the Kansas highway patrol and the state corporation commission are hereby authorized, empowered and instructed to enter int…

66-1327. Fees of issuing agents; disposition; revolving funds; bonds. Any private individual, firm or corporation designated to transmit applications for, receive or issue licenses or permits by the secretary of revenue or the secretary of transportation pursuant to K.S.A. 8-143d…

66-1328. Liquid-fuel-carriers; rules and regulations of secretary of revenue governing emergency or special trips; licenses; fees. (a) The secretary of revenue may adopt reasonable rules and regulations specifying circumstances under which substitute or extra vehicles to be used …

66-1329. Definitions. As used in this act: (a) "Wrecker or tow truck" means any motor vehicle equipped with booms, winches or similar equipment specifically designed for recovery or towing of vehicles. (b) "Car carrier" means any vehicle specifically designed to transport wrecked…

66-1330. Wrecker or towing service; certificate of public service. On and after January 1, 1995, it is unlawful for any person to provide wrecker or towing service within this state without first having obtained a certificate of public service from the state corporation commissio…

66-1344. Conditions for motor carriers transporting hay or feedstuffs to areas declared to be in a state of drought. (a) Whenever the governor or the United States department of agriculture declares that all or any portion of the state is in a state of drought pursuant to subsect…

66-1401. Jurisdiction over holding companies; "affiliated interests" defined. (1) The state corporation commission shall have jurisdiction over holders of the voting capital stock of all public utility companies under the jurisdiction of the commission to such extent as may be ne…

66-1402. Submission of contracts with affiliated interests to commission. No management, construction, engineering or similar contract, hereafter made, with any affiliated interest, as defined in K.S.A. 66-1401 and amendments thereto, shall be effective unless it shall first have…

66-1403. Showing required for fixing or charging rates. In ascertaining the reasonableness of a rate or charge to be made by a public utility, no charge for services rendered by a holding or affiliated company, or charge for material or commodity furnished or purchased from a hol…

66-1501. Authority of commission to assess expense of investigation against utility; appeal; bond. Whenever, upon any investigation of a public utility made by the state corporation commission, on its own initiative or upon complaint filed, the commission shall find that any rate…

66-1502. Assessment of certain expenses; payment. (a) Whenever, in order to carry out the duties imposed upon it by law, the state corporation commission, in a proceeding upon its own motion, on complaint, or upon an application to it, shall deem it necessary to investigate any p…

66-1503. Ascertainment of expenditures by corporation commission; assessment; limitation; disposition of proceeds. (a) (1) The state corporation commission shall determine within 15 days after each quarter-year for each such quarter-year, the total amount of its expenditures duri…

66-1504. Failure to pay assessment; proceedings. If any public utility or common carrier against which an assessment has been made either under K.S.A. 66-1502 or 66-1503, within fifteen days after the notice of such assessment shall (a) neglect or refuse to pay the same, or (b) s…

66-1505. Filing objections to assessment; hearing; collection of delinquent assessments. Within 15 days after the date of the mailing of any notice of assessment as provided by K.S.A. 66-1502 and 66-1503 and amendments thereto, the public utility or common carrier against which s…

66-1506. Time for payment of assessment; recovery of unauthorized assessment. Every public utility or common carrier against which an assessment is made shall pay the amount thereof, and after such payment may under the conditions in this act provided, at any time within one year…

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 …

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. Previous | Nex…

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…

[Repealed or reserved.]

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. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documen…

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…