Session of 2000
Effective: July 1, 2000

An Act concerning the state corporation commission; relating to application of certain
penalties; amending K.S.A. 1999 Supp. 55-164 and repealing the existing section.

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

      Section  1. K.S.A. 1999 Supp. 55-164 is hereby amended to read as
follows: 55-164. (a) In addition to any other penalty provided by law, the
commission, upon finding that an operator or contractor has violated the
provisions of this act or any rule and regulation or order of the commis-
sion, may impose a penalty not to exceed $10,000, which shall constitute
an actual and substantial economic deterrent to the violation for which
the penalty is assessed. In the case of a continuing violation, every day
such violation continues shall be deemed a separate violation.

      (b) No penalty shall be imposed pursuant to this section except upon
the written order of the commission to the person who committed the
violation. The order shall state the violation, the penalty imposed and the
right to appeal to the order issuing agency. Any such person, within 30
days after service of such order, may make written request to the com-
mission for a hearing thereon. The commission shall conduct a hearing
in accordance with the provisions of the Kansas administrative procedure
act within 30 days after receipt of such request.

      (c) Any person aggrieved by any order issued pursuant to this section
may appeal therefrom in accordance with the provisions of the act for
judicial review and civil enforcement of agency actions.

      (d) The commission may order an operator or contractor to pay any
costs and reasonable attorney fees incurred by the commission in impos-
ing and collecting any penalty pursuant to this section and may collect
interest on any portion of such penalty, costs and attorney fees which
remains unpaid more than 30 days after imposition, at the rate provided
by K.S.A. 16-204 and amendments thereto for interest on judgments.

      (e) All moneys received from penalties imposed and costs and attor-
ney fees assessed pursuant to this section shall be remitted to the state
treasurer who shall deposit the entire amount thereof in the state treasury
to the credit of the conservation fee fund.

      Sec.  2. K.S.A. 1999 Supp. 55-164 is hereby repealed.

      Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.