66-118h. Same; bond, guarantee or surety, on stay or suspension pending review; collection and distribution of funds in excess of final order.
66-118h
66-118h. Same; bond, guarantee or surety, on stay or suspension pendingreview; collection and distribution of funds in excess of final order.In case the order or decision of the commission is stayed or suspended,the order or judgment of the court shall not become effective until asuspending bond or other satisfactory guarantee or surety shall have beenexecuted by or on behalf of the party petitioning for the stay and filed withand approved by the court,payable to the people of the state of Kansas, sufficient in amount and securityto secure the prompt payment, by the party petitioning for the stay, ofall damages caused by the delay in the enforcement of the order or decisionof the commission, and repayment of all moneys which any person, firm,corporationor any organization or association of any kind or character may be compelledto pay for any service in excess of the charges fixed by the order or decisionof the commission in case such order or decision is sustained or in excessof the rate, fare, toll, rental, charge or classification finally establishedas lawful and reasonable if the order or decision be vacated or set aside,and in addition thereto or in lieu thereof the court granting a stay orsuspending the order or decision of a commission in any manner affectingrates, fares, tolls, rentals, charges or classifications shall direct thepetitioner to pay into court from time to time all sums of money collectedfrom any person, firm or corporation in excess of the sum that such person,firm or corporation would have been compelled to pay if the order of thecommission had not been stayed or suspended. The sums so paid into courtshall be deposited, as the court may direct, in any bankor other depository paying interest on deposits.
The court shall require the party collecting such sums to keep such recordsand issue such receipts as will facilitate the repayment of such sums tothe proper persons, firm or corporations if the order of decision of thecommission be sustained, or if the rate, fare, toll, rental, charge orclassification finally established as reasonable or lawful be less thanthe sum collected. If the order or decision of the commission be sustainedor if the rate, fare, toll, rental, charge or classification finallyestablishedas lawful and reasonable be less than the sum collected, the court shallrequire notice be given, by publication or otherwise, to the persons, firmsor corporations entitledto be reimbursed and shall provide for the payment and distribution of suchsums of money so impounded or due under the bond herein provided. All sumsof money collected under bond which are paid and distributed as herein providedshall bear interest from the date of collection, at the rate prescribedby K.S.A. 16-204, and amendments thereto.
History: L. 1929, ch. 220, § 8; L. 1978, ch. 265, § 6;L. 1989, ch. 48, § 88;L. 1995, ch. 7, § 1; July 1.