SENATE Substitute for HOUSE BILL No. 2034
(Amends Chapter 107)
An  Act concerning natural gas; reviving and amending K.S.A. 55-102 and repealing the
revived section; also repealing K.S.A. 55-102, as amended by section 1 of 2002 House
Bill No. 3031.

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

      Section  1. K.S.A. 55-102 is hereby revived and amended to read as
follows: 55-102. (a) Except as provided in subsection (b), it shall be un-
lawful for any person, firm or corporation having possession or control of
any natural-gas or natural gas well, oil well or coalbed natural gas well,
whether as a contractor, owner, lessee, agent or manager, to use or permit
the use of gas by direct well pressure for pumping of oil or for blowing
oil out of wells, or for operating any machinery by direct well pressure of
gas, or to allow or permit the flow of gas or oil from any such well to
escape into the open air without being confined within such well or
proper pipes or other safe receptacle for a longer period than two days
after gas or oil shall have been struck in such well, except that a reasonable
time, not exceeding five days, shall be allowed such contractor, owner,
lessee, agent or manager, in addition to such two days, in which to place
in the well the casing, tubing, packers and other appliances necessary to
properly operate the same and obtain the products therefrom or, in case
such contractor, owner, lessee, agent or manager shall not desire to op-
erate such well, to securely enclose the same, so as to prevent the escape
of oil or gas therefrom, and thereafter all such gas or oil shall be safely
and securely confined in such well, pipes, or other proper receptacle. The
provisions of this section shall not be construed to apply to the escape of
gas or oil during continuous drilling. Any person violating any of the pro-
visions of this section shall be deemed guilty of a misdemeanor, and shall
be fined in the sum not less than $50 nor more than $200, or by impris-
onment in the county jail for not less than 30 days nor more than six
months, and each day that the violation continues shall constitute a sep-
arate offense.

      (b) Natural gas produced from natural gas wells or in connection with
the production of oil, or coalbed natural gas produced from coal seams
or associated shale, may be flared, vented or used in any manner if such
use or, flaring or venting is authorized by an order, rule or regulation
order or rules and regulations of the state corporation commission. 
Sec.  2. K.S.A. 55-102, as revived by section 1, and K.S.A. 55-102, as
amended by section 1 of 2002 House Bill No. 3031, are hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved June 6, 2002.
 Published in the Kansas Register June 13, 2002.