HB 2381--Am. by S
As Amended by Senate Committee
As Amended by House Committee
Session of 1997
By Representative Edmonds

12 AN ACT concerning certain public utilities; relating to jurisdiction to 13 regulate; amending K.S.A. 66-104 and repealing the existing section. 14 15 Be it enacted by the Legislature of the State of Kansas: 16 Section 1. K.S.A. 66-104 is hereby amended to read as follows: 66- 17 104. The term ``public utility,'' as used in this act, shall be construed to 18 mean every corporation, company, individual, association of persons, their 19 trustees, lessees or receivers, that now or hereafter may own, control, 20 operate or manage, except for private use, any equipment, plant or gen- 21 erating machinery, or any part thereof, for the transmission of telephone 22 messages or for the transmission of telegraph messages in or through any 23 part of the state, or the conveyance of oil and gas through pipelines in or 24 through any part of the state, except pipelines less than 15 miles in length 25 and not operated in connection with or for the general commercial supply 26 of gas or oil, or for the operation of any trolley lines, street, electrical or 27 motor railway doing business in any county in the state; also all dining 28 car companies doing business within the state, and all companies for the 29 production, transmission, delivery or furnishing of heat, light, water or 30 power. No cooperative, cooperative society, nonprofit or mutual corpo- 31 ration or association which is engaged solely in furnishing telephone serv- 32 ice to subscribers from one telephone line without owning or operating 33 its own separate central office facilities, shall be subject to the jurisdiction 34 and control of the commission as provided herein, except that it shall not 35 construct or extend its facilities across or beyond the territorial boundaries 36 of any telephone company or cooperative without first obtaining approval 37 of the commission. As used herein, the term ``transmission of telephone 38 messages'' shall include the transmission by wire or other means of any 39 voice, data, signals or facsimile communications, including all such com- 40 munications now in existence or as may be developed in the future. 41 The term ``public utility'' shall also include that portion of every mu- 42 nicipally owned or operated electric or gas utility located outside of and 43 more than three miles from the corporate limits of such municipality, but HB 2381--Am. by S

 1  nothing in this act shall apply to a municipally owned or operated utility,
 2  or portion thereof, located within the corporate limits of such municipality
 3  or located outside of such corporate limits but within three miles thereof
 4  except as provided in K.S.A. 66-131a, and amendments thereto.
 5    Except as herein provided, the power and authority to control and
 6  regulate all public utilities and common carriers situated and operated
 7  wholly or principally within any city or principally operated for the benefit
 8  of such city or its people, shall be vested exclusively in such city, subject
 9  only to the right to apply for relief to the corporation commission as
10  provided in K.S.A. 66-133, and amendments thereto, and to the provi-
11  sions of K.S.A. 66-131a and section 2, and amendments thereto. A transit
12  system principally engaged in rendering local transportation service in
13  and between contiguous cities in this and another state by means of street
14  railway, trolley bus and motor bus lines, or any combination thereof, shall
15  be deemed to be a public utility as that term is used in this act and, as
16  such, shall be subject to the jurisdiction of the commission.
17    The term ``public utility'' shall not include any activity of an otherwise
18  jurisdictional corporation, company, individual, association of persons,
19  their trustees, lessees or receivers as to the marketing or sale of com-
20  pressed natural gas for end use as motor vehicle fuel.
21    New Sec. 2.  (a) Any city by ordinance may relinquish to the state
22  corporation commission the city's power and authority under K.S.A. 66-
23  104 and amendments thereto to control and regulate any privately
24  owned and operated water public utility situated and operated wholly
25  or principally within the city or principally operated for the benefit of the
26  city or its people. Subsequently the city by ordinance may reassert the
27  city's power and authority under K.S.A. 66-104, and amendments thereto
28  to control and regular regulate such utility.
29    (b)  Within five business days after adoption of any ordinance de-
30  scribed in subsection (a):
31    (1)  The city clerk shall forward a certified copy of the ordinance to
32  the state corporation commission; and
33    (2)  if the ordinance relinquishes jurisdiction of a privately owned
34  and operated water public utility, such utility shall file with the com-
35  mission an application for a certificate of convenience and necessity.
36    (c)  Upon receipt of an ordinance relinquishing jurisdiction of a water
37  public utility pursuant to this section, the commission shall assume juris-
38  diction and control of the privately owned and operated water public
39  utility as provided by law for other water public utilities under the juris-
40  diction of the commission.  The commission shall maintain such jurisdic-
41  tion and control until the city subsequently adopts and files with the
42  commission an ordinance reasserting the city's power and authority pur-
43  suant to K.S.A. 66-104, and amendments thereto.
HB 2381--Am. by S

 1    (d)  A city shall not adopt any ordinance described in subsection (a)
 2  more often than once every two years.
 3    Sec. 3.  K.S.A. 66-104 is hereby repealed.
 4    Sec. 4.  This act shall take effect and be in force from and after its
 5  publication in the statute book.