CHAPTER 78 HOUSE BILL No. 2768 An Act relating to the state corporation commission; concerning the regulation of motor
carriers; amending K.S.A. 66-143, 66-144, 66-1,117 and 66-1,119 and K.S.A. 1999 Supp.
66-123, 66-138, 66-1,114, 66-1,115a, 66-1,118 and 66-1,119a and repealing the existing
sections.
Be it enacted by the Legislature of the State of Kansas:

      New Section  1. (a) Except as hereinafter provided, it shall be unlaw-
ful for any public motor carrier to operate as a carrier of property other
than household goods or passengers in intrastate commerce within this
state without first having obtained from the corporation commission a
certificate of public service to transport property other than household
goods or passengers.

      (b) The corporation commission, upon the filing of an application for
a certificate of public service to transport property other than household
goods, shall ascertain that the motor carrier is fit, knowledgeable and in
compliance with the commission's safety rules and regulations, liability
and cargo insurance requirements and other applicable state laws. A list
of applications received shall be published bimonthly in the first and third
issues of the Kansas register, but in no case shall notice of the receipt of
an application be published no more than 30 days after the application is
filed. If the commission finds that the public motor carrier is fit, knowl-
edgeable and in compliance with the commission's safety rules and reg-
ulations, liability and cargo insurance requirements and other applicable
state laws, the commission shall issue the certificate, signed and approved
by the commission's executive director, authorizing the public motor car-
rier to transport such property statewide. If the commission finds that the
public motor carrier is not fit, knowledgeable, or in compliance with the
commission's safety rules and regulations, liability and cargo insurance
requirements and other applicable state laws, an order shall be issued
denying the application.

      (c) Motor carriers holding a certificate of convenience and necessity
to transport property other than household goods or a local wrecker per-
mit shall be considered as holding a certificate of public service to trans-
port that property originally granted by the commission as a public motor
carrier of property. Pursuant to federal law those motor carriers may
transport that property originally granted by the commission statewide.

      (d) Within 12 months of the issuance to a public motor carrier of a
certificate of public service to transport property other than household
goods or passengers, the commission shall verify that such public motor
carrier continues to be fit, knowledgeable and in compliance with the
commission's safety rules and regulations, liability and cargo insurance
requirements and other applicable state laws.

      Sec.  2. K.S.A. 1999 Supp. 66-123 is hereby amended to read as fol-
lows: 66-123. Every public utility and common carrier governed by the
provisions of this act when, and as required by the corporation commis-
sion, shall file with the corporation commission an annual report and such
monthly or other regular reports, or special reports, and such other in-
formation as the corporation commission may require. The forms of such
report shall follow as nearly as possible the forms prescribed by the in-
terstate commerce commission. When required by the corporation com-
mission such reports and information shall be certified under oath by a
duly authorized officer having knowledge of the matters therein con-
tained. The corporation commission may at any time require from any
public utility or common carrier specific answers to any questions upon
which it may desire information in connection with matters pending be-
fore them.

      The corporation commission may, in its discretion, grant extensions of
the time within which reports and information are required to be filed.
Annual reports shall be filed on or before May 1 for the preceding cal-
endar year unless otherwise specified by commission order or rule and
regulation. The forms of reports of the common carriers and the public
utilities which report to the interstate commerce commission shall, as
nearly as possible, follow the form prescribed by the interstate commerce
commission.

      Any public utility or common carrier, except motor carriers as defined
in K.S.A. 66-196, et seq., and amendments thereto, governed by this act
which fails, neglects or refuses to file with the corporation commission
any annual reports, statements, monthly or regular reports or special re-
ports required by the commission pursuant to statute or rules and regu-
lations shall be subject to a civil penalty of not more than $500.

      Sec.  3. K.S.A. 1999 Supp. 66-138 is hereby amended to read as fol-
lows: 66-138. If any common carrier, motor carrier holding a certificate,
permit or license or public utility governed by the provisions of this act
violates any of the provisions of this act, or shall do any act herein pro-
hibited, or fails or refuses to perform any duty enjoined upon it in this
act, or fails, neglects or refuses to obey any lawful requirement or order
made by the commission, or any final judgment or decree made by any
court upon appeal from any order of the commission, it shall, for every
such violation, failure or refusal, forfeit and pay to the state treasurer a
sum not less than $100 and not more than $1,000 for such offense. Upon
receipt of any such sum, the state treasurer shall credit the entire amount
thereof to the public service regulation fund or the motor carrier license
fee fund, as the case requires.

      Such forfeiture shall be enforced and collected by the attorney general
in any court of competent jurisdiction. The attorney general may appoint
a corporation commission attorney as a special assistant attorney general
for the purposes of enforcing and collecting any forfeiture contemplated
herein. In construing and enforcing the provisions of this act, any act,
omission or failure of any officer, agent or other person acting for or
employed by any such public utility, common carrier or motor carrier
holding a certificate, permit or license, while acting within the scope of
such person's employment, shall in every case be deemed to be the act,
omission or failure of such public utility, common carrier or motor carrier
holding a certificate, permit or license, and every day during which any
such public utility, common carrier or motor carrier holding a certificate,
permit or license, or officer, agent or employee thereof, fails to comply
with any order or direction of the commission, or to perform any duty
required or enjoined by this act, shall constitute a separate and distinct
violation of the provisions of this act.

      Sec.  4. K.S.A. 66-143 is hereby amended to read as follows: 66-143.
The corporation commission shall have power to intervene in any case
pending before the interstate commerce commission federal agency in
which interstate rates affecting the interest of Kansas shippers are in-
volved, and said the commission is hereby empowered and directed to
pay all expenses of investigation and prosecution of litigation instituted
under this section out of the contingent fund of said the commission.

      Sec.  5. K.S.A. 66-144 is hereby amended to read as follows: 66-144.
If any interstate rate, joint rate, fare, toll, charge, rule or regulation, clas-
sification or schedule of rates, joint rates, fares or tolls is found to be
unjust, unreasonable, excessive, unjustly discriminatory, or unduly pref-
erential, or in violation of, the interstate commerce law, or in conflict with
the rules, orders or regulations of the interstate commerce commission a
federal agency, the corporation commission may apply by petition or other
proper method to the interstate commerce commission relevant federal
agency for relief.

      Sec.  6. K.S.A. 1999 Supp. 66-1,114 is hereby amended to read as
follows: 66-1,114. (a) Except as hereinafter provided, it shall be unlawful
for any public motor carrier to operate as a carrier of household goods or
passengers in intrastate commerce within this state without first having
obtained from the corporation commission a certificate of convenience
and necessity to transport household goods or passengers or a certificate
of public service to transport property other than household goods or
passengers. The corporation commission, upon the filing of an application
for a certificate, shall fix a time and place for hearing thereon, which shall
be not less than 20 and not more than 60 days after the filing and shall
be conducted in accordance with the provisions of the Kansas adminis-
trative procedure act. Notices of hearings shall be published bimonthly
in the first and third issues of the Kansas register. Any person may offer
testimony at such hearing. The corporation commission, upon the filing
of an application for a certificate, shall fix a time and place for hearing
thereon, which shall be not less than 20 and not more than 60 days after
the filing and shall be conducted in accordance with the provisions of the
Kansas administrative procedure act. Notices of hearings shall be pub-
lished bimonthly in the first and third issues of the Kansas register. Any
person may offer testimony at such hearing.

      (b) If the commission finds that the proposed service or any part
thereof is proposed to be performed by the applicant and, that the ap-
plicant is fit, willing and able to perform such service, and that the ap-
plicant is in compliance with the commission's safety rules and regula-
tions, liability and cargo insurance requirements and other applicable
state laws, the commission shall issue the certificate of convenience and
necessity to transport household goods and passengers, except that if the
commission finds that the proposed service is inconsistent with the public
convenience and necessity, the commission shall not issue the certificate.

      (c) Within 12 months of the issuance to a public motor carrier of a
certificate of convenience and necessity to transport household goods or
passengers, the commission shall verify that such public motor carrier
continues to be fit, knowledgeable and in compliance with the commis-
sion's safety rules and regulations, liability and cargo insurance require-
ments and other applicable state laws.

      Prior to a formal hearing for a certificate of convenience and necessity
to transport household goods or passengers, and upon the filing of an
application and showing of an immediate and urgent need for service to
afford relief, temporary authority to a point or points within a territory
having no carrier service capable of meeting such immediate need, may
be granted on the basis of an emergency proceeding, in the discretion of
the commission. The temporary authority, unless suspended or revoked,
shall be valid for such time as the commission shall specify but for not
more than 60 days. The temporary authority may be extended or renewed
for such time as the commission shall specify, but shall not be extended
or renewed for a period of time which exceeds the date on which an order
granting or denying permanent authority shall become effective. The
granting of temporary authority shall create no presumption that corre-
sponding permanent authority will be granted thereafter. The service
rendered under the temporary authority shall be subject to all applicable
provisions of law and the rules and regulations of the commission per-
taining to such motor carrier operations.

      The corporation commission, upon the filing of an application for a
certificate of public service to transport property other than household
goods or passengers shall ascertain that the motor carrier is fit, knowl-
edgeable and in compliance with the commission's safety rules and reg-
ulations, liability and cargo insurance requirements and other applicable
state laws. If the commission finds that the motor carrier is fit, knowl-
edgeable and in compliance with the commission's safety rules and reg-
ulations, liability and cargo insurance requirements and other applicable
state laws, the commission shall issue the certificate authorizing the public
motor carrier of property to transport such property statewide. If the
commission finds the motor carrier is not fit, knowledgeable or in com-
pliance with the commission's safety rules and regulations, liability and
cargo insurance requirements and other applicable state laws, an order
shall be issued denying the application.

      Motor carriers holding a certificate of convenience and necessity to
transport property other than household goods or a local wrecker permit
shall be considered as holding a certificate of public service to transport
that property originally granted by the commission as a public motor
carrier of property. Pursuant to federal law those motor carriers may
transport that property originally granted by the commission statewide.

      Sec.  7. K.S.A. 1999 Supp. 66-1,115a is hereby amended to read as
follows: 66-1,115a. Notwithstanding the provisions of K.S.A. 66-1,112b
and 66-1,114, and amendments thereto, the commission may issue or
grant contract carrier permits and common carrier certificates or aban-
donments thereof without a formal hearing when the request for such
issuance, grant or abandonment is made by verified application, and
proper notice has been given in accordance with K.S.A. 66-1,112b and
66-1,114, and amendments thereto, if no protests are lodged against the
granting of the application and if the application is supported by verified
prefiled testimony of the applicant that demonstrates the applicant is
either fit, willing and able to perform such service or the applicant is fit,
knowledgeable and is in compliance with the commission's safety rules
and regulations. For applications of public motor carriers transporting
household goods or passengers, if the commission finds that evidence
shows that the proposed service is inconsistent with the public conven-
ience and necessity, the commission shall not grant the application.

      Sec.  8. K.S.A. 66-1,117 is hereby amended to read as follows: 66-
1,117. The corporation commission shall prescribe forms of applications
for certificates, permits, and licenses for the use of prospective applicants
and shall make regulations for the filing thereof. The commission may
designate one of its attorneys as a presiding officer for the hearing of any
hearing that may be required concerning any application for a certificate
or license and the presiding officer shall make written findings and rec-
ommendations to the commission.

      Sec.  9. K.S.A. 1999 Supp. 66-1,118 is hereby amended to read as
follows: 66-1,118. (a) A certificate of public convenience and necessity or
a certificate of public service issued under the provisions of the motor
carrier act or any portion of the authority conferred thereby may not be
assigned or transferred without the consent of the commission.

      (b) Applications for transfer of any certificate of public convenience
and necessity or any portion of the authority conferred thereby shall be
filed jointly by the assignor and the assignee, and shall be subject to the
same provisions as to public hearings and notices as the original appli-
cations for certificates of public convenience and necessity. The commis-
sion may issue the transfer, as prayed for, or issue the transfer for the
partial exercise only of the privilege sought, and may attach to the exercise
of the rights granted such terms and conditions as in the commission's
judgment the public convenience and necessity may require. Approval of
the proposed transfer application, either in whole or in part, shall be given
after notice and hearing only upon a finding by the commission that the
applicant is fit, willing and able to perform such service, except that if the
commission finds that evidence shows that the proposed service is incon-
sistent with the public convenience and necessity, the commission shall
not approve the transfer.

      (c) Application for the transfer of any certificate of public service shall
be filed jointly by the transferor and the transferee and shall be subject
to the same provisions as the original application for a certificate of public
service.

      Sec.  10. K.S.A. 66-1,119 is hereby amended to read as follows: 66-
1,119. No public motor carrier authorized by this act to operate shall
change, abandon or discontinue any service established by this act or
operations under any certificate of convenience and necessity issued for
carriers of household goods or passengers without consent of the com-
mission after written application, and notice and hearing in accordance
with the provisions of the Kansas administrative procedure act. No hear-
ing shall be required if such abandonment is made in accordance with
the provisions of K.S.A. 66-1,115a and amendments thereto.

      Sec.  11. K.S.A. 1999 Supp. 66-1,119a is hereby amended to read as
follows: 66-1,119a. No public motor carrier authorized under the provi-
sions of the motor carrier act to operate shall by contract, lease, agree-
ment or any other means made with any person, partnership, association
or corporation, lease or assign any authority or operating rights to perform
any transportation service or operations authorized or assign any territory
granted by any certificate of convenience and necessity or certificate of
public service issued to such motor carrier. When the interstate com-
merce commission relevant federal agency has issued an order approving
and authorizing a pooling agreement between two or more motor carriers
covering points and places in this state, nothing herein shall be construed
as prohibiting, invalidating or otherwise affecting any agreement between
such motor carriers insofar as it relates to service or operations between
the same points and places in intrastate commerce within this state. Any
such order shall be filed with the corporation commission, and such
agreement shall not be effective unless the commission finds, after notice
and hearing in accordance with the provisions of the Kansas administra-
tive procedure act, that the proposed service or any part thereof is pro-
posed to be performed by the applicants and that the applicants are fit,
willing and able to perform such service or fit, knowledgeable and in
compliance with the commission's safety rules and regulations and liability
and cargo insurance requirements. If the commission makes such find-
ings, the commission shall approve such agreement, except that if the
commission finds that the proposed service is inconsistent with the public
convenience and necessity, the commission shall not approve the agree-
ment.

      Sec.  12. K.S.A. 66-143, 66-144, 66-1,117 and 66-1,119 and K.S.A.
1999 Supp. 66-123, 66-138, 66-1,114, 66-1,115a, 66-1,118 and 66-1,119a
are hereby repealed.

      Sec.  13. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 6, 2000.
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