Printable Format74-601. State corporation commission; creation; members, appointment, terms, vacancies; chairperson; salaries; application of K-GOAL. (a) There is hereby created the state corporation commission, which shall consist of three members appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, no person appointed to the commission shall exercise any power, duty or function as a member of the commission until confirmed by the senate. No more than two members of the commission shall belong to the same political party. Each member shall be appointed for a term of four years and until a successor has been appointed and confirmed. In case of a vacancy in the office of a member of the commission, the governor shall appoint a successor to fill the vacancy for the unexpired term.
(b) The terms of members who are serving on the commission on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) The commission shall elect one of its members as chairperson of the commission. The chairperson of the commission shall receive an annual salary in an amount equal to the annual salary prescribed by law for the chief judge of the court of appeals, payable monthly. Each other member of the commission shall receive an annual salary in an amount equal to the annual salary paid by the state to a judge of the court of appeals, other than the chief judge, payable monthly. Each member of the commission shall devote full time to the duties of the office.
(d) The provisions of the Kansas governmental operations accountability law apply to the state corporation commission and the commission is subject to audit, review and evaluation under such law.
History: L. 1933, ch. 275, § 1; L. 1937, ch. 329, § 13; L. 1945, ch. 303, § 3; L. 1947, ch. 416, § 3; L. 1949, ch. 405, § 1; L. 1953, ch. 363, § 2; L. 1955, ch. 345, § 1; L. 1957, ch. 424, § 1; L. 1961, ch. 378, § 1; L. 1965, ch. 458, § 5; L. 1967, ch. 443, § 5; L. 1970, ch. 309, § 1; L. 1973, ch. 175, § 61; L. 1974, ch. 361, § 63; L. 1975, ch. 398, § 1; L. 1976, ch. 380, § 10; L. 1978, ch. 308, § 53; L. 1978, ch. 350, § 3; L. 1982, ch. 347, § 30; L. 1984, ch. 318, § 12; L. 1992, ch. 116, § 33; L. 1995, ch. 241, § 8; July 1.
Source or Prior Law:
L. 1911, ch. 238, § 5; L. 1921, ch. 260, § 1; R.S. 1923, 74-601; L. 1925, ch. 258, § 1; L. 1929, ch. 259, § 1.
Law Review and Bar Journal References:
Impact of conservation orders upon oil and gas leases, W. F. Shell, 34 J.B.A.K. 181 (1965).
CASE ANNOTATIONS
1. Telephone rates fixed by utilities commission confiscatory and void. City of Hutchinson v. Bell Telephone Co., 109 Kan. 545, 547, 200 P. 301.
2. Right of telephone company to promulgate rates of its own. City of Hutchinson v. Bell Telephone Co., 109 Kan. 545, 550, 200 P. 301.
3. Injunction denied; plaintiff had adequate remedy before utilities commission. City of Hutchinson v. Bell Telephone Co., 109 Kan. 545, 552, 200 P. 301.
4. Temporary injunction against order of utilities commission fixing rates upheld. Telephone Co. v. Utilities Commission, 111 Kan. 452, 454, 207 P. 763.
5. Court of industrial relations had power to modify natural gas rates. City of Winfield v. Court of Industrial Relations, 111 Kan. 580, 587, 207 P. 813.
6. Recess appointee may hold office for full term, subject to nonconcurrence or rejection of senate. Barrett v. Duff, 114 Kan. 220, 224, 242, 217 P. 918.
7. Powers of public utilities commission passed on to public service commission. Wichita Water Co. v. Public Service Commission, 126 Kan. 381, 268 P. 89.
8. Corporation commission has jurisdiction of all matters pending before public service commission. State, ex rel., v. Capital Gas & Elec. Co., 139 Kan. 870, 884, 33 P.2d 731.