Session Law

Identifying Information:L. 2001 ch. 092
Other Identifying Information:2001 House Bill 2291
Tax Type:Property Tax
Brief Description:(Amended by Chapter 167)An Act relating to motor carriers; concerning the regulation thereof; amending K.S.A. 66- 137, 66-177 and 66-1,110 and K.S.A. 2000 Supp. 66-138, 66-143, 66-1,112, 66-1,115, 66-1,116, 66-1,128, 66-1,129b, 66-1,139, 66-1,139a and 66-1a01 and repealing the ex- isting sections.
Keywords:


Body:

CHAPTER 92

HOUSE BILL No. 2291

(Amended by Chapter 167)


An Act relating to motor carriers; concerning the regulation thereof; amending K.S.A. 66-

137, 66-177 and 66-1,110 and K.S.A. 2000 Supp. 66-138, 66-143, 66-1,112, 66-1,115,

66-1,116, 66-1,128, 66-1,129b, 66-1,139, 66-1,139a and 66-1a01 and repealing the existing sections.




Be it enacted by the Legislature of the State of Kansas:

New Section 1. The superintendent of the Kansas highway patrol

and the commission are hereby authorized and empowered to enter into

any contracts or agreements with the relevant federal agency that are

appropriate to allow qualified investigators of the commission and officers

of the highway patrol to conduct investigations necessary for the relevant

federal authority to issue a safety fitness rating.

New Sec. 2. (a) Any motor carrier violating any statute, commission

orders or rules and regulations relevant to motor carriers adopted by the

state corporation commission shall be subject to a civil penalty of not less

than $100 and not more than $1,000 for negligent violations, and not

more than $5,000 for intentional violations.

(b) In construing and enforcing a civil penalty in accordance with this

section, any act, omission or failure of any officer, agent or other person

acting for or employed by any motor carrier while acting within the scope

of such person's employment, shall in every case be deemed the act,

omission or failure of the motor carrier.

(c) Every day during which the motor carrier fails to comply with any

order or direction of the commission, or any applicable statute, rule or

regulation, shall constitute a separate and distinct violation.

(d) Civil penalties shall be enforced and collected by an attorney for

the corporation commission in the appropriate district court.

(e) Civil penalties shall be remitted in accordance with the provisions

of K.S.A. 75-4215, and amendments thereto, to the state treasurer. Upon

receipt of each such remittance, the state treasurer shall deposit the entire

amount in the state treasury to the credit of the motor carrier license fee

fund.

(f) The commission is granted the power, by general order or oth-

erwise, to prescribe reasonable rules and regulations for the assessment

of administrative civil penalties and sanctions for violations of any statute,

commission orders or rules and regulations adopted by the commission.

New Sec. 3. Any civil penalty may be compromised by the state cor-

poration commission. In determining the amount of the penalty or the

amount agreed in compromise, the appropriateness of the penalty to the

size of the business, the gravity of the violation and the good faith of the

person charged in attempting to achieve compliance, shall be considered.

The amount of the penalty, when finally determined, or the amount

agreed upon in compromise, may be deducted from any sums owing by

the state of Kansas to the person charged or may be recovered, together

with costs and the reasonable attorney fees of the commission staff or

retained counsel in a civil action in the appropriate district court. In lieu

of all or part of the civil penalty, the commission may consider and ap-

prove, before or at hearing, a requirement, negotiated with the commis-

sion's transportation division, that the person charged make payments to

or expenditures for a project that is related to motor carrier safety regu-

lation and benefits the industry or community as a whole.

Sec. 4. K.S.A. 66-137 is hereby amended to read as follows: 66-137.

Any person who shall willfully intentionally make any false entry in the

accounts, books of account, records, or memoranda kept by any common

carrier or any public utility governed by the provisions of this act, or who

shall willfully intentionally destroy, mutilate, alter or by any other means

or device falsify the record of any such account, book of accounts, record

or memorandum, or who shall willfully intentionally neglect or fail to

make full, true and correct entries of such account, book of accounts,

record or memorandum of all facts and transactions appertaining to such

common carriers or public utilities business, or who shall falsely make

any statement required to be made to the corporation commission, shall

be deemed guilty of a felony, and upon the conviction shall be punished

by a fine of not less than one thousand dollars nor more than five thousand

dollars, or by imprisonment of not less than one year nor more than three

years, or by both such fine and imprisonment: Provided, That guilty of a

severity level 7, nonperson felony, and in addition to the sentence au-

thorized by law, be ordered to pay a fine in a sum not to exceed $5,000.

The commission may, in its discretion issue orders specifying such op-

erating, accounting or financial papers, records, books, blanks, tickets,

stubs or documents, of carriers which may after a reasonable time be

destroyed, and prescribing a length of time such books, papers or docu-

ments shall be preserved: And provided further,, except that such orders

shall be in harmony with those of the interstate commerce commission

relevant federal agency.

Sec. 5. K.S.A. 2000 Supp. 66-138 is hereby amended to read as fol-

lows: 66-138. (a) If any common carrier, motor carrier holding a certifi-

cate, permit or license 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 a

sum not less than $100 and not more than $1,000 for such offense. 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 or motor carrier

holding a certificate, permit or license, 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 or motor

carrier holding a certificate, permit or license, and every day during which

any such public utility, or common carrier or motor carrier holding a

certificate, permit or license, 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.

Sec. 6. K.S.A. 2000 Supp. 66-143 is hereby amended to read as fol-

lows: 66-143. The corporation commission shall have power to intervene

in any case pending before the relevant federal agency in which interstate

rates, service or safety affecting the interest of Kansas motor carriers,

common carriers or shippers are involved, and the commission is hereby

empowered and directed to pay all expenses of investigation and prose-

cution of litigation instituted under this section out of the contingent fund

of the commission.

Sec. 7. K.S.A. 66-177 is hereby amended to read as follows: 66-177.

(a) Any public utility, or common carrier or motor carrier holding a cer-

tificate, permit or license willfully violating or evading any of the provi-

sions of law for the regulation of such public utility, or common carrier

or motor carrier holding a certificate, permit or license not otherwise

specifically provided for shall, for each offense, forfeit and pay a penalty

of not less than $100 nor more than $5,000. All penalties provided for

herein shall be recovered by a civil action, to be instituted and prosecuted

in the name of the state, by the county attorney of the county in which

the offense has been committed, upon the direction of the corporation

commission. If upon the trial of the action the jury finds for the plaintiff,

the jury shall assess and return with their verdict the amount of the fine

to be imposed upon the defendant and the court shall render judgment

accordingly. All such penalties recovered shall be paid to the state trea-

surer pursuant to K.S.A. 20-2801, and amendments thereto, and the cor-

poration commission may require the attorney general to assist such

county attorney in the prosecution of such action. No bond for costs shall

be required of the state in any such action.

(b) The provisions of subsection (a), shall not apply to any motor

carrier.

Sec. 8. K.S.A. 66-1,110 is hereby amended to read as follows: 66-

1,110. All ``public motor carriers of property or, of household goods or of

passengers'' as defined in this act are hereby declared to be common

carriers within the meaning of the public utility laws of this state, and are

hereby declared to be affected with a public interest and subject to this

act and to the laws of this state, including the regulation of all rates and

charges now in force or that hereafter may be enacted, pertaining to

public utilities and common carriers as far as applicable, and not in con-

flict herewith.

Sec. 9. K.S.A. 2000 Supp. 66-1,112 is hereby amended to read as

follows: 66-1,112. (a) The commission is hereby vested with power and

authority and it shall be its duty to license, supervise and regulate every

public motor carrier of property, of household goods or of passengers in

this state, to the full extent not preempted by federal law, including fixing

and approving reasonable maximum or minimum, or maximum and min-

imum rates, fares, charges, classifications and rules and regulations per-

taining to the transportation of household goods or passengers as defined

in 49 U.S.C. 10102 13102. The commission shall prescribe rules and reg-

ulations related to uniform cargo liability, uniform bills of lading, uniform

cargo credit and antitrust immunity for joint-line rates and routes, clas-

sifications and mileage guides. The commission is hereby vested with

power and authority and it shall be its duty to license, supervise and

regulate every public motor carrier of property transporting property,

household goods or passengers in this state, and to regulate and supervise

the accounts, schedules, service and method of operation of same; to

prescribe a uniform system and classification of accounts to be used; to

require the filing of annual and other reports and any other data; and to

supervise and regulate public motor carriers of property transporting

property, household goods or passengers in all matters affecting the re-

lationship between such public motor carriers of property, of household

goods or of passengers and the traveling and shipping public.

(b) The commission shall have power and authority, by general order

or otherwise, to prescribe reasonable and necessary rules and regulations

governing all such motor carriers. All laws relating to the powers, duties,

authority and jurisdiction of the corporation commission over common

carriers are hereby made applicable to all such motor carriers except as

herein otherwise specifically provided.

(c) In order to insure nondiscriminatory, nonpreferential and just and

reasonable rates, joint rates, fares, tolls, charges and exactions for all ship-

pers, the commission shall establish rate-making procedures for all motor

common and contract carriers, including collective rate-making proce-

dures for joint consideration, initiation and establishment of such rates

and charges for transporting household goods or passengers as defined

in 49 U.S.C. 10102 13102. The commission shall prescribe reasonable

rules and regulations related to uniform cargo liability, uniform bills of

lading, uniform cargo credit and antitrust immunity for joint-line rates

and routes, classifications and mileage guides. Joint and collective rate-

making shall be limited to:

(1) That which is necessary to formulate one or more joint rates as

such term is used in K.S.A. 66-117, and amendments thereto;

(2) general rate increases or decreases if the tariff proposal gives ship-

pers, under procedures approved by the state corporation commission,

at least 15 days' notice of the proposal and an opportunity to present

comments on it before a tariff is filed with the commission and if discus-

sion of such increases or decreases is related to industry average carrier

costs and does not include discussion related exclusively to individual

markets or particular single-line rates;

(3) changes in commodity classifications;

(4) changes in tariff structures if discussion of such changes is related

to industry average carrier costs and does not include discussion related

exclusively to individual markets or particular single-line rates; and

(5) publishing of tariffs, filing of independent actions for individual

members and changes in rules and regulations which are of at least sub-

stantially general application throughout the area in which such changes

will apply.

(d) The provisions of K.S.A. 50-101 et seq., and amendments thereto,

shall not apply to the activities and procedures of persons, groups, agen-

cies, bureaus or other entities where such activities and procedures have

received approval by order of the state corporation commission under

this statute.

Sec. 10. K.S.A. 2000 Supp. 66-1,115 is hereby amended to read as

follows: 66-1,115. It shall be unlawful for any ``contract motor carrier of

property or passengers'' or ``private motor carrier of property'' to operate

as a carrier of property or passengers within this state either in intrastate

commerce or in interstate commerce without first having obtained from

the corporation commission a license or permit or registered pursuant to

49 U.S.C. 11506 14504. An application shall be made to the corporation

commission in writing stating such information as the commission may

request. Upon receipt of such information and on compliance with the

regulations and payment of fees, the corporation commission shall issue

a license or permit to such applicant.

Sec. 11. K.S.A. 2000 Supp. 66-1,116 is hereby amended to read as

follows: 66-1,116. (a) It shall be unlawful for a public motor carrier of

property, of household goods or of passengers, or a contract motor carrier

of property or of passengers, to operate in interstate commerce regulated

by the interstate commerce commission relevant federal agency without

registering its motor vehicles in its base state pursuant to 49 U.S.C. 11506

14504 in order to operate in Kansas.

(b) It shall be unlawful for a public motor carrier of property, of

household goods or of passengers, a contract motor carrier of property or

of passengers, or a private motor carrier of property which is exempt from

interstate commerce commission federal regulations, to operate in inter-

state commerce within this state, without having furnished the corpora-

tion commission, in writing such information as the commission may re-

quest covering observance of state police regulations and the payments

of the fees. This act shall apply to all persons and motor vehicles engaged

in interstate commerce only to the extent permitted by the constitution

and laws of the United States.

Sec. 12. K.S.A. 2000 Supp. 66-1,128 is hereby amended to read as

follows: 66-1,128. (a) Except as provided in subsection (b) (c) or pursuant

to 49 U.S.C. 11506 14504, no certificate, permit, or license shall be issued

by the state corporation commission to any public motor carrier of prop-

erty, household goods or passengers, contract motor carrier of property

or passengers or private motor carrier of property, until the applicant has

filed with the commission a liability insurance policy approved by the

commission, in such reasonable amounts as the commission determines

by rules and regulations is necessary to adequately protect the interest of

the public with due regard to the number of persons and amount of

property involved. Such amounts shall not be less than $100,000 for per-

sonal injury or death to any one person in any one accident, $300,000 for

injury or death to two or more persons in any one accident and $50,000

for loss to property of others in any one accident, which liability insurance

shall bind the obligors to pay compensation for injuries to persons and

loss of or damage to property resulting from the negligent operation of

such carrier.

(b) The liability insurance policy required to be filed by any resident

applicant shall be in an insurance company or association authorized to

transact business in this state. Such policy of any nonresident applicant

may be afforded by an insurance company not authorized to do business

in this state which has given the commissioner of insurance of this state

a power of attorney authorizing such commissioner to accept service on

its behalf of notice or process in any action upon such policy. Such com-

pany not authorized to do business in this state shall have on file with

such commissioner a form as prescribed by subsection (b) of K.S.A. 40-

3106, and amendments thereto. A certificate of any insurance company

or association, in a form approved by the state corporation commission

certifying that there is in effect the liability insurance required by this

section, may be filed in lieu of the insurance policy itself. In the event

such certificate is filed, such company shall furnish to the commission

upon its request a duplicate original of the insurance policy and all en-

dorsements thereon. No other or additional bonds or licenses than those

prescribed in this act shall be required of any motor carrier by any city

or town or other agency of the state.

(b) (c) Any public motor carrier of property, household goods or pas-

sengers, contract motor carrier of property or passengers or private motor

carrier of property in whose name more than 25 motor vehicles are reg-

istered may qualify as a self-insurer by obtaining a certificate of self-

insurance from the commissioner of insurance. Upon application of any

such carrier, the commissioner of insurance may issue a certificate of self-

insurance, if the commissioner is satisfied that such carrier is possessed

and will continue to be possessed of ability to pay any judgment obtained

against such carrier arising out of the ownership, operation, maintenance

or use of any motor vehicle registered in such carrier's name.

(d) Upon notice and a hearing in accordance with the provisions of

the Kansas administrative procedure act, the commissioner of insurance

may cancel a certificate of self-insurance upon reasonable grounds. Fail-

ure to pay any judgment against a self-insurer, arising out of the owner-

ship, operation, maintenance or use of a motor vehicle registered in such

self-insurer's name, within 30 days after such judgment shall have become

final, shall constitute reasonable grounds for the cancellation of a certif-

icate of self-insurance.

Sec. 13. K.S.A. 2000 Supp. 66-1,129b is hereby amended to read as

follows: 66-1,129b. (a) The provisions of 49 C.F.R. 173.5-agricultural op-

erations; 49 C.F.R. 173.6-materials of trade; and 49 C.F.R. 173.8-excep-

tions for nonspecification packagings used in intrastate transportation, in

effect on the effective date of this act, or any later version as adopted by

the commission in rules and regulations, are hereby adopted.

(b) The following materials are authorized to be transported by in-

trastate farmers in nonspecification bulk packagings:

(1) Agricultural products specified in 49 C.F.R. 173.5 (b)(2); and

(2) flammable liquid petroleum distillates.

(c) Nonbulk packagings permanently secured to a transport vehicle

and protected against leakage or damage in the event of an overturn,

having a capacity of less than 450 liters (119 gallons) or less are authorized

for the transportation of flammable liquid petroleum distillates.

(d) Except as authorized in subsections (b) and (c), the packagings

must otherwise comply with the applicable requirements of 49 C.F.R.

171 through 180.

Sec. 14. K.S.A. 2000 Supp. 66-1,139 is hereby amended to read as

follows: 66-1,139. (a) All interstate regulated public motor carriers of

property, of household goods or of passengers or contract motor carriers

of property or of passengers who operate a motor vehicle in Kansas shall

register their motor vehicles in their base state pursuant to 49 U.S.C.

11506 14504, unless exempted under the provision of K.S.A. 66-1,109,

and amendments thereto.

(b) All intrastate public motor carriers of property, household goods

or passengers, contract motor carriers of property or passengers, and pri-

vate motor carriers of property shall register with the state corporation

commission all trucks or truck tractors as defined by K.S.A. 8-126, and

amendments thereto, and all other passenger vehicles used to transport

persons for hire, used in the operation of their business as such, except

those used in operations exempted under the provisions of K.S.A. 66-

1,109, and amendments thereto.

(c) Interstate motor carriers which have been granted authority by

the commission to transport commodities exempt from the jurisdiction

of the interstate commerce commission relevant federal authority and

who operate for hire or who operate as private motor carriers shall register

all trucks or truck tractors as defined by K.S.A. 8-126, and amendments

thereto, and all other passenger vehicles used to transport persons for

hire, used in the operation of their business as such, except those used

in operations exempted under the provisions of K.S.A. 66-1,109, and

amendments thereto. For the purpose of assisting in paying the cost of

supervision and regulation of motor carriers, every such carrier shall an-

nually pay to the commission for each calendar year a regulatory fee of

$10 for each truck, truck tractor or passenger vehicle registered with the

commission. No fee shall be charged for a trailer or semitrailer. Interstate

motor carriers that are already registered pursuant to subsection (a), shall

not be required to register under this subsection.

(d) All applications for registration shall be made on forms furnished

by the commission. Applications for registration of interstate common or

contract motor carriers shall include on the application the quantity of

trucks, truck tractors or passenger vehicles used by the motor carriers on

which a fee is required to be paid. Applications for registration of intra-

state common or contract motor carriers, private motor carriers, and in-

terstate exempt motor carriers shall include the complete vehicle iden-

tification numbers and the year and make of all trucks, truck tractors or

passenger vehicles used by the motor carrier, on which a fee is required

to be paid, and the application shall be accompanied by the required fee.

The fees shall be due January 1 and shall be paid not later than January

15. Upon receipt of the application and fee, the commission shall issue

to the carrier appropriate credentials for each vehicle registered.

(e) The commission shall remit all moneys received by it or for it in

payment of fees imposed under this section to the state treasurer daily 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 thereof in the state treasury and the same shall

be credited to the credit of the motor carrier license fees fund.

Sec. 15. K.S.A. 2000 Supp. 66-1,139a is hereby amended to read as

follows: 66-1,139a. All amounts collected under K.S.A. 66-1,139, and

amendments thereto, for the purpose of registration of motor vehicles,

pursuant to 49 U.S.C. 11506 14504, shall be remitted by the state cor-

poration commission to the state treasurer daily. The state treasurer shall

deposit the entire amount in the state treasury and credit such amount

to the base state registration clearing fund which is hereby created. Pay-

ments due and owing to participating states pursuant to 49 U.S.C. 11506

14504 and refunds for overpayment shall be made from such fund. The

state corporation commission shall reconcile such clearing fund monthly

with balances remitted monthly.

Sec. 16. K.S.A. 2000 Supp. 66-1a01 is hereby amended to read as

follows: 66-1a01. (a) The state corporation commission shall charge and

collect fees for the purposes and in the amounts as prescribed in this

section. Such fees shall be paid to the state corporation commission at

the time of filing the original papers or application in the case.

(b) (1) For the purposes of certificates issued under K.S.A. 66-125,

and amendments thereto, to authorize the issuance of stock, bonds or

other evidences of indebtedness, except as otherwise provided in this

paragraph (1), the commission shall charge and collect an application fee

of $10 to accompany each application and processing fees which shall be

set by rules and regulations adopted by the commission and shall reflect

the costs incurred by the commission to process such application.

Notwithstanding the foregoing provisions of this paragraph (1), when-

ever an application is made for a certificate to authorize the issuance of

stocks, bonds or other evidences of indebtedness and the federal inter-

state commerce commission relevant federal authority has authorized the

issuance of the same issue of such stocks, bonds or other evidences of

indebtedness, the commission shall charge and collect an application fee

of $10 to accompany each application and a processing fee of $25 which

shall be paid on or before issuance of such certificate.

(2) Whenever an application is made for a certificate of convenience

and authority to provide interexchange telecommunications services or

competitive local exchange carrier services, the commission shall charge

and collect an application fee of $250 which shall accompany the appli-

cation.

(3) With regard to the regulation of motor carriers, the commission

shall charge and collect fees in accordance with the following schedule:

For application for motor common carrier certificate$ 25
For application for motor carrier permit or license, except no fee shall apply to motor carriers regulated by the interstate commerce commission relevant federal authority10
For application for extension, rerouting, removal of restrictions or transfer of motor common carrier certificate and motor common carrier license10
If increases proposed in rates, fares or charges when hearing is required25

(4) The commission shall charge a fee for copies, other than mime-

ographed or printed copies, of applications, orders, certificates, schedules

and duplicate motor-carrier equipment identification cards and a fee for

copies of passenger, household goods or property motor common carrier

lists, both fees in amounts approved by the director of accounts and re-

ports under K.S.A. 45-219, and amendments thereto.

(c) There is hereby created in the state treasury the public service

regulation fund. The commission shall remit all moneys received by or

for it in payment of the fees imposed for certificates authorizing the is-

suance of stock, bonds or other evidences of indebtedness under para-

graph (1) of subsection (b) to the state treasurer daily in accordance with

the provisions of K.S.A. 75-4215, and amendments thereto. Upon the

receipt of each such remittance, the state treasurer shall deposit the entire

amount thereof in the state treasury and the entire amount thereof shall

be credited to the credit of the public service regulation fund. All ex-

penditures from the public service regulation fund shall be made in ac-

cordance with appropriation acts upon warrants of the director of ac-

counts and reports issued pursuant to vouchers approved by the

chairperson of the state corporation commission or by a person or persons

designated by such chairperson.

(d) There is hereby created in the state treasury the motor carrier

license fees fund. The commission shall remit all moneys received by or

for it in payment of the fees imposed for regulation of motor carriers

under paragraphs (2) and (3) of subsection (b) to the state treasurer daily

in accordance with the provisions of K.S.A. 75-4215, and amendments

thereto. Upon the receipt of each such remittance, the state treasurer

shall deposit the entire amount thereof in the state treasury and the entire

amount thereof shall be credited to the credit of the motor carrier license

fees fund. All expenditures from the motor carrier license fees fund shall

be made in accordance with appropriation acts upon warrants of the di-

rector of accounts and reports issued pursuant to vouchers approved by

the chairperson of the state corporation commission or by a person or

persons designated by such chairperson.

Sec. 17. K.S.A. 66-137, 66-177 and 66-1,110 and K.S.A. 2000 Supp.

66-138, 66-143, 66-1,112, 66-1,115, 66-1,116, 66-1,128, 66-1,129b, 66-

1,139, 66-1,139a and 66-1a01 are hereby repealed.

Sec. 18. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 6, 2000.


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Date Composed: 09/25/2001 Date Modified: 09/25/2001