66-177. Public utilities, common carriers; penalties for violation of law.
66-177
66-177. Public utilities, common carriers; penaltiesfor violation of law.(a) Any public utility or common carrier willfully violating orevading any of theprovisions of law for the regulation of such public utility orcommon carriernot otherwisespecifically provided for shall, for each offense, forfeit and pay apenalty of: (1) Not less than$100 nor more than $2,000 if the violator is a telecommunications publicutility subject to traditional rate of return regulation; a telecommunicationspublic utility described in K.S.A. 66-104a, and amendments thereto; amunicipally owned and operated electric or natural gas public utility; anelectric or natural gas cooperative public utility; a water public utility; ora nonprofitpublic utility; and (2) not less than $100 nor more than $10,000 if theviolator is any other common carrier or public utility.Allpenalties providedfor herein shall be recovered by a civil action, to beinstituted and prosecuted in the name of the state, by the countyattorney of the county in which the offense has been committed, uponthe direction of the corporation commission. If upon the trial ofthe action the jury finds for the plaintiff, the jury shall assess andreturn with their verdict the amount of the fine to be imposed upon thedefendant and the court shall render judgment accordingly. All suchpenalties recovered shall be paid to the state treasurer pursuant toK.S.A. 20-2801, and amendments thereto, and the corporationcommission may require the attorney general to assist such countyattorney in the prosecution of such action. No bond for costs shall berequired of the state in any such action.
(b) The provisions of subsection (a), shall not apply to any motorcarrier.
History: R.S. 1923, 66-177; L. 1973, ch. 106, § 20; L. 1978,ch. 105, § 23; L. 1986, ch. 248, § 2;L. 2001, ch. 92, § 7;L. 2004, ch. 103, § 2; July 1.