CHAPTER 164 HOUSE BILL No. 2993
      An Act concerning the state corporation commission; repealing certain statutes relating to
      regulation of railroads and motor carriers; amending K.S.A. 12-1633, 12-1634, 14-434
      and 15-438 and K.S.A. 1997 Supp. 66-1a01 and repealing the existing section; also re-
      pealing K.S.A. 66-147, 66-164, 66-165, 66-169, 66-170, 66-171, 66-172, 66-1,136, 66-
      1,137, 66-217, 66-218, 66-219, 66-220, 66-221, 66-222, 66-223, 66-242, 66-243, 66-250,
      66-251, 66-252, 66-253, 66-254, 66-255, 66-256, 66-257, 66-258, 66-259, 66-260, 66-
      261, 66-262, 66-263, 66-264, 66-265, 66-266, 66-267, 66-268, 66-269, 66-270, 66-271,
      66-272, 66-275, 66-279, 66-280, 66-281, 66-282, 66-283, 66-284, 66-2,114, 66-2,115, 66-
      2,116, 66-2,117, 66-2,118, 66-312, 66-313, 66-314, 66-315, 66-317, 66-318, 66-321, 66-
      322, 66-323, 66-324, 66-325, 66-326, 66-401, 66-402, 66-403, 66-404, 66-405, 66-406,
      66-407, 66-408, 66-409, 66-501a, 66-501b, 66-502, 66-503, 66-504, 66-505, 66-506, 66-
      507, 66-508, 66-509, 66-510, 66-511, 66-512, 66-513, 66-514, 66-515, 66-516, 66-517,
      66-518, 66-519, 66-520, 66-601, 66-602, 66-701, 66-702, 66-703, 66-704, 66-705, 66-
      706, 66-707, 66-708, 66-709, 66-710, 66-711 and 66-712.

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

Section 1. K.S.A. 1997 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 para-
graph (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 paragraph (1), whenever
an application is made for a certificate to authorize the issuance of stocks,
bonds or other evidences of indebtedness and the federal interstate com-
merce commission 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 applica-
tion and a processing fee of $25 which shall be paid on or before issuance
of such certificate.

(2) 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	10
For application for extension, rerouting, removal of restrictions or transfer of motor common carrier certificate and motor common carrier license	10
For each motor common carrier certificate involved in an application for authority to establish joint rates or fares and perform joint service	5
For application of motor common carriers for authority to make any change in their tariffs or other publication pertaining to their rates, fares or charges:
If hearing not required	1
If increases proposed in rates, fares or charges when hearing is required	25

(3) 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 or property motor common carrier lists, both fees in
amounts approved by the director of accounts and reports 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. 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 public service regulation fund. All expenditures from
the public service regulation fund shall be made in accordance with ap-
propriation acts upon warrants of the director 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.

(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.
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 motor carrier license fees fund. All ex-
penditures from the motor carrier license fees fund shall be made in
accordance with appropriation acts upon warrants of the director of ac-
counts and reports issued pursuant to vouchers approved by the chair-
person of the state corporation commission or by a person or persons
designated by such chairperson.

Sec. 2. K.S.A. 12-1633 is hereby amended to read as follows: 12-
1633. The governing body of cities of the first and second class shall have
the power to regulate the crossings of railway and street-railway tracks
and provide precautions and adopt ordinances regulating the same; to
regulate the running of street railways or cars and to adopt ordinances
relating thereto and to govern the speed thereof; to regulate the running
of railway engines and cars, except speed, and to adopt ordinances relating
thereto; and to make other and further provisions, rules and regulations
to prevent accidents at crossings and on tracks of railways, and to prevent
fires from engines, and to require all railway companies to erect viaducts
over or tunnels under their tracks at the crossings of streets.

From and after the effective date of this act, that part or parts of any
rule, regulation or ordinance adopted pursuant to this section regulating
the speed of railway engines and cars shall not be of any force or effect,
and that part or parts shall be and are hereby declared null and void.

The governing body of any city of the first class or second class, pur-
suant to K.S.A. 66-165, and amendments thereto, may initiate a complaint
to the state corporation commission and seek an order regulating the
speed of railway engines and cars. In accordance with the provisions of
K.S.A. 66-165, and amendments thereto, its rules of procedure and other
applicable law, the state corporation commission shall investigate the
complaint, may conduct a hearing and, consistent with applicable law and
rules and regulations of the federal railroad administration, issue its order.

The governing body shall have power to require any railroad company
or companies owning or operating any railroad or street-railway track or
tracks upon or across any public street or streets of the city to erect,
construct, reconstruct, complete and keep in repair any viaduct or via-
ducts upon or over or tunnels under such street or streets and over or
under any such track or tracks, including the approaches of such viaduct,
viaducts or tunnels as may be deemed and declared by the governing
body to be necessary for the convenience, safety or protection of the
public. Whenever any such viaduct shall be deemed and declared by
ordinance to be necessary for the convenience, safety or protection of the
public, the governing body shall provide for appraising, assessing and
determining the damage, if any, which may be caused to any property by
reason of the construction of such viaduct and its approaches. The pro-
ceedings for such purpose shall be the same as provided by law for the
purpose of ascertaining and determining damages to property owners by
reason of the change in grade of any street, except that such damage shall
be paid by such railway company or companies. The amount of damage
thus ascertained and awarded shall, upon notice by the city, be promptly
paid by the railway company or companies interested and if any such
company shall fail to pay the same within 10 days from receipt of notice
of the amount thereof, then the amount so awarded shall become a lien
in the proportion to the amount each railway company shall pay--, if
more than one company is concerned--, upon the right-of-way and all
property of such railway company and the collection may be enforced by
the city in an action against such railway company or companies failing
to pay. The width, height and strength of any such viaduct or tunnel and
the approaches thereto, the material to be used, and the manner of con-
struction, shall be as required by the governing body.

When two or more railroad companies own or operate separate lines
of track to be crossed by any such viaduct, either upon, above or below
the grade, or where any street-railway company intersects and crosses the
track or tracks of any railroad company, the proportion thereof and of the
approaches thereto to be constructed by each, and the proportion of cost
to be borne by each, shall be determined by the governing body. It shall
be the duty of any railroad company or companies or street-railway com-
pany, upon being required, as herein provided, to erect, construct, re-
construct or repair any viaduct or tunnel, to proceed, within the time and
in the manner required by the governing body, to erect, construct, re-
construct or repair the same, and it shall be a nonperson misdemeanor
for any railroad company or companies or street-railway company to fail,
neglect or refuse to perform such duty, and upon conviction, any such
company or companies or the superintendent or other officer having
charge of such railway company or street railway in the district or division
where such viaduct or tunnel is to be erected or repaired, shall be fined
$100, or imprisoned in the county jail not less than 30 days, and each day
such companies or officers shall fail, neglect or refuse to perform such
duty shall be deemed and held a separate offense; and in addition to the
penalty herein provided any such company or companies shall be com-
pelled by mandamus or other appropriate proceedings to erect, construct,
reconstruct, or repair any viaduct or tunnel as may be required by ordi-
nance as herein provided.

The governing body shall also have power, whenever any railroad com-
pany or companies or street-railway companies shall fail, neglect or refuse
to erect, construct or reconstruct or repair any viaduct, viaducts or tunnel,
after having been required so to do as herein provided, to proceed with
the erection, construction, reconstruction or repair of the same by con-
tract or in such other manner as may be provided by ordinance and assess
the cost thereof against the property of such railroad company or com-
panies or street-railway company, and such cost shall be a valid and sub-
sisting lien against such property, and also shall be a legal indebtedness
of such company or companies in favor of such city, and may be enforced
and collected by suit in any court having jurisdiction.

Sec. 3. K.S.A. 12-1634 is hereby amended to read as follows: 12-
1634. The governing body of all cities of the first and second class in a
county having a population of over 90,000 shall have the power to regulate
the crossings of railway and street-railway tracks and provide precautions
and adopt ordinances regulating the same; to regulate the running of
street railways or cars and to adopt ordinances relating thereto and to
govern the speed thereof; to regulate the running of railway engines and
cars, except speed, and to adopt ordinances relating thereto; and to make
other and further provisions, rules and regulations to prevent fires from
engines, and to require all railway companies to erect viaducts over or
tunnels under their tracks at the crossings of streets.

From and after the effective date of this act, that part or parts of any
rule, regulation or ordinance adopted pursuant to this section regulating
the speed of railway engines and cars shall not be of any force or effect,
and that part or parts shall be and are hereby declared null and void.

The governing body of any city of the first or second class in a county
having a population of over 90,000, pursuant to K.S.A. 66-165, and
amendments thereto, may initiate a complaint to the state corporation
commission and seek an order regulating the speed of railway engines
and cars. In accordance with the provisions of K.S.A. 66-165, and amend-
ments thereto, its rules of procedure and other applicable law, the state
corporation commission shall investigate the complaint, may conduct a
hearing and, consistent with applicable law and rules and regulations of
the federal railroad administration, issue its order.

The governing body shall have power to require any railroad company
or companies owning or operating any railroad or street-railway track or
tracks upon or across any public street or streets of the city to erect,
construct, reconstruct, complete and keep in repair any viaduct or via-
ducts upon or over or tunnels under such street or streets and over or
under such tracks, including the approaches of such viaduct, viaducts or
tunnels as may be deemed and declared by ordinance to be necessary for
the convenience, safety or protection of the public.

Whenever any such viaduct shall be deemed and declared by ordinance
to be necessary for the convenience, safety or protection of the public,
the governing body shall provide for appraising, assessing and determin-
ing the damage, if any, which may be caused to any property by reason
of the construction of such viaduct and its approaches. The proceedings
for such purpose shall be the same as provided by law for the purpose of
ascertaining and determining damages to property owners by reason of
the change in grade of any street, except that such damage shall be paid
by such railway company or companies. The amount of damage thus as-
certained and awarded shall, upon notice by the city, be promptly paid
by the railway company or companies interested, and if any such company
shall fail to pay the same within 10 days from receipt of notice of the
amount thereof, then the amount so awarded shall become a lien in the
proportion to the amount each railway company shall pay, if more than
one company is concerned, upon the right-of-way and all property of such
railway company, and the collection thereof may be enforced by the city
in an action against such railway company or companies so failing to pay.
The width, height and strength of any such viaduct or tunnel and the
approaches thereto, the material to be used, shall be as required by the
governing body.

When two or more railroad companies own or operate separate lines
of track to be crossed by any such viaduct, either upon, above or below
the grade, or where any street-railway company intersects and crosses the
track or tracks of any railroad company, the proportion thereof and of the
approaches thereto to be constructed by each, and the proportion of cost
to be borne by each, shall be determined by the governing body. It shall
be the duty of any railroad company or companies or street-railway com-
pany, upon being required, as herein provided, to erect, construct, re-
construct or repair any viaduct or tunnel, to proceed, within the time and
in the manner required by the governing body to erect, construct or
reconstruct or repair the same, and it shall be a misdemeanor for any
railroad company or companies or street-railway company to fail, neglect
or refuse to perform such duty, and upon conviction, any such company
or companies or the superintendent or other officer having charge of such
railway company or street railway in the district or division where such
viaduct or tunnel is to be erected or repaired shall be fined one hundred
dollars, and each day such companies or officers shall fail, neglect or
refuse to perform such duty shall be deemed and held a separate offense;
and in addition to the penalty herein provided, any such company or
companies shall be compelled by mandamus or other appropriate pro-
ceedings to erect, construct, reconstruct or repair any viaduct or tunnel
as may be required by ordinance as herein provided.

The governing body shall also have power, whenever any railroad com-
pany or companies or street-railway companies shall fail, neglect or refuse
to erect, construct or reconstruct or repair any viaduct, viaducts or tunnel,
after having been required so to do as herein provided, to proceed with
the erection, construction, reconstruction or repair of the same by con-
tract, or in such other manner as may be provided by ordinance, and
assess the cost thereof against the property of such railway company or
companies or street-railway company, and such cost shall be a valid and
subsisting lien against such property, and also shall be a legal indebtedness
of such company or companies in favor of such city, and may be enforced
and collected by suit in any court having jurisdiction. Or in lieu of en-
forcing the collection of the costs of such improvement by a suit at law,
the city may issue internal improvement bonds of the city as provided by
law to pay for such work, and special assessments shall be levied against
the property of such railroad company or companies or street railway as
above provided to pay such bonds and interest.

Sec. 4. K.S.A. 14-434 is hereby amended to read as follows: 14-434.
The council shall have power to regulate levees, depots, depot grounds,
and places of storing freight and goods, and to provide for the passage of
railways through the streets and public grounds of the city; also to regulate
the crossings of railway tracks and to provide precautions and adopt or-
dinances regulating the same; to regulate the running of railway engines
and cars, except speed, and to adopt ordinances relating thereto; and to
make any other and further provisions, rules and restrictions to prevent
accidents at crossings, and on the tracks of railways, and to prevent fires
from engines.

From On and after the effective date of this act, that part or parts of
any rule, regulation or ordinance adopted pursuant to this section regu-
lating the speed of railway engines and cars shall not be of any force or
effect, and that part or parts shall be and are hereby declared null and
void.

The council, pursuant to K.S.A. 66-165, and amendments thereto, may
initiate a complaint to the state corporation commission and seek an order
regulating the speed of railway engines and cars. In accordance with the
provisions of K.S.A. 66-165, and amendments thereto, its rules of pro-
cedure and other applicable law, the state corporation commission shall
investigate the complaint, may conduct a hearing and, consistent with
applicable law and rules and regulations of the federal railroad adminis-
tration, issue its order.

Sec. 5. K.S.A. 15-438 is hereby amended to read as follows: 15-438.
The council shall have power to regulate levees, depots, depot grounds
and places for storing freight and goods, and to provide for the passage
of railways through the streets and public grounds of the city; also, to
regulate the crossings of railway tracks, and to provide precautions and
adopt ordinances regulating the same; to regulate the running of railway
engines and cars, except speed, and to adopt ordinances relating thereto;
and to make any other and further provisions, rules and restrictions to
prevent accidents at crossings and on the tracks of railways, and to prevent
fires from engines.

From On and after the effective date of this act, that part or parts of
any rule, regulation or ordinance adopted pursuant to this section regu-
lating the speed of railway engines and cars shall not be of any force or
effect, and that part or parts shall be and are hereby declared null and
void.

The council, pursuant to K.S.A. 66-165, and amendments thereto, may
initiate a complaint to the state corporation commission and seek an order
regulating the speed of railway engines and cars. In accordance with the
provisions of K.S.A. 66-165, and amendments thereto, its rules of pro-
cedure and other applicable law, the state corporation commission shall
investigate the complaint, may conduct a hearing and, consistent with
applicable law and rules and regulations of the federal railroad adminis-
tration, issue its order.

Sec. 6. K.S.A. 12-1633, 12-1634, 14-434, 15-438, 66-147, 66-164, 66-
165, 66-169, 66-170, 66-171, 66-172, 66-1,136, 66-1,137, 66-217, 66-218,
66-219, 66-220, 66-221, 66-222, 66-223, 66-242, 66-243, 66-250, 66-251,
66-252, 66-253, 66-254, 66-255, 66-256, 66-257, 66-258, 66-259, 66-260,
66-261, 66-262, 66-263, 66-264, 66-265, 66-266, 66-267, 66-268, 66-269,
66-270, 66-271, 66-272, 66-275, 66-279, 66-280, 66-281, 66-282, 66-283,
66-284, 66-2,114, 66-2,115, 66-2,116, 66-2,117, 66-2,118, 66-312, 66-313,
66-314, 66-315, 66-317, 66-318 66-321, 66-322, 66-323, 66-324, 66-325,
66-326, 66-401, 66-402, 66-403, 66-404, 66-405, 66-406, 66-407, 66-408,
66-409, 66-501a, 66-501b, 66-502, 66-503, 66-504, 66-505, 66-506, 66-
507, 66-508, 66-509, 66-510, 66-511, 66-512, 66-513, 66-514, 66-515, 66-
516, 66-517, 66-518, 66-519, 66-520, 66-601, 66-602, 66-701, 66-702, 66-
703, 66-704, 66-705, 66-706, 66-707, 66-708, 66-709, 66-710, 66-711 and
66-712 and K.S.A. 1997 Supp. 66-1a01 are hereby repealed.

Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.

Approved May 13, 1998

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