66-138. Common carriers, public utilities; penalties for violation of law; disposition; enforcement. - Kansas Statutes

66-138

Chapter 66.--PUBLIC UTILITIES Article 1.--POWERS OF STATE CORPORATION COMMISSION

      66-138.   Common carriers, public utilities; penaltiesfor violation of law; disposition; enforcement.(a) If any common carrier or public utility governed by the provisionsofthis act violates any of the provisions of this act, or shall do anyact herein prohibited, or fails or refuses to perform any duty enjoinedupon it in this act, or fails, neglects or refuses to obey any lawfulrequirement or order made by the commission, or any final judgment ordecree made by any court upon appeal from any order of the commission, itshall, for every such violation, failure or refusal, forfeit and pay to thestate treasurer(1) A sum not less than $100 and not more than $1,000 for such offense iftheviolator is a telecommunications public utility subject to traditional rateof return regulation; a telecommunications public utility described in K.S.A.66-104a, and amendments thereto; a municipally owned and operated electric ornatural gas public utility; an electric or natural gas cooperative publicutility; a waterpublic 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 othercommon carrier or public utility.Upon receipt of any such sum, the state treasurer shall credit the entireamount thereof to the public service regulation fund or the motor carrierlicense fee fund, as the case requires.

      Such forfeiture shall be enforced and collected by the attorney generalin any court of competent jurisdiction. The attorney general may appoint acorporation commission attorney as a special assistant attorney general for thepurposes of enforcing and collecting any forfeiture contemplated herein. Inconstruing and enforcing theprovisions of this act, any act, omission or failure of any officer, agentor other person acting for or employed by any such public utilityor commoncarrier, whileacting within the scope of such person's employment, shall in everycase be deemed to be the act, omission or failure of such publicutility orcommon carrier and every day during which any such public utilityorcommon carrier or officer, agent or employee thereof, fails to complywith any order or direction of the commission, or to perform any dutyrequired or enjoined by this act, shall constitute a separate and distinctviolation of the provisions of this act.

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

      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.