66-1503. Ascertainment of expenditures by corporation commission; assessment; limitation; disposition of proceeds.

66-1503

Chapter 66.--PUBLIC UTILITIES
Article 15.--COSTS AND EXPENSES OF INVESTIGATION AND REGULATION; HEARINGS

      66-1503.   Ascertainment of expenditures by corporationcommission; assessment; limitation; disposition of proceeds.(a) (1) The state corporation commission shall determine within 15 days aftereach quarter-yearfor each such quarter-year, the total amountof its expenditures during such period of time and the total amount ofexpenditures of the citizens' utility ratepayer board during such period oftime.The total amount shall includethe salaries of members and employees and all other lawful expendituresof the commission and the board, including all expenditures in connectionwithinvestigations or appraisals made under the provisions of K.S.A. 66-1502,and amendments thereto, except that there shall not beincluded in such total amount of expenditures for the purpose of thissection the expenditures during such period of time which are otherwiseprovidedfor by fees and assessments made under other existing laws for theregulation of motor carriers or for administering the oil proration andthe oil and gas conservation laws.

      (2)   From the amount determined under paragraph (1) of thissubsection, the commission shall deduct (A) all amounts collected underK.S.A. 66-1502, and amendments thereto, during such period of time and (B) theamountsof all fees collected during such period of time under the provisions ofsubsection (b)(1) of K.S.A. 66-1a01, and amendments thereto.

      (3)   To the remainder after making the deductions under paragraph (2)of this subsection, the commission shall add such amount as in itsjudgment may be required to satisfy any deficiency in the prior assessmentperiod's assessment and to provide for anticipated increases in necessaryexpenditures for the current assessment period.

      (b)   The amount determined under subsection (a) shall be assessed bythe commission against all public utilities and commoncarrierssubject to the jurisdiction of the commission and shall not exceed, during anyfiscal year, the greater of$100 or 0.2% of the respective utility's or common carrier's gross operatingrevenues derivedfrom intrastate operation asreflected in the last annual report filed with the commission pursuant toK.S.A. 66-123, and amendments thereto, prior to the beginning of thecommission's fiscal year or made available to the commission upon request. Such assessment shall be paid to the commissionwithin 15 days after the notice of assessment has been mailed to such publicutilities and common carriers, whichnotice of assessment shall constitute demand of payment thereof.

      (c)   The commission shall remit all moneys received by or for it forthe assessment imposed under this section to the state treasurer inaccordance with the provisions of K.S.A. 75-4215, andamendments thereto. Upon receipt of each such remittance, the statetreasurer shall deposit the entire amount in the state treasury.Twenty percent of each such deposit shall be credited to the stategeneral fund and the balance shall be credited to the public serviceregulation fund.

      History:   L. 1935, ch. 267, § 2; L. 1949, ch. 341, § 1; L. 1957,ch. 351, § 1; L. 1960, ch. 51, § 1; L. 1962, ch. 38, § 1; L. 1963,ch. 398, § 16; L.1969, ch. 303, § 1; L. 1974, ch. 268, § 1; L. 1976, ch. 290, §2; L. 1976, ch. 288, § 4; L. 1983, ch. 224, § 1;L. 1991, ch. 205, § 4;L. 1992, ch. 186, § 2;L. 1997, ch. 132, § 2;L. 2001, ch. 5, § 276; July 1.