308             1997 Session Laws of Kansas             Ch. 84

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 66-104 is hereby amended to read as follows: 66-
104. The term ``public utility,'' as used in this act, shall be construed to
mean every corporation, company, individual, association of persons, their
trustees, lessees or receivers, that now or hereafter may own, control,

Ch. 84             1997 Session Laws of Kansas             309

operate or manage, except for private use, any equipment, plant or gen-
erating machinery, or any part thereof, for the transmission of telephone
messages or for the transmission of telegraph messages in or through any
part of the state, or the conveyance of oil and gas through pipelines in or
through any part of the state, except pipelines less than 15 miles in length
and not operated in connection with or for the general commercial supply
of gas or oil, or for the operation of any trolley lines, street, electrical or
motor railway doing business in any county in the state; also all dining
car companies doing business within the state, and all companies for the
production, transmission, delivery or furnishing of heat, light, water or
power. No cooperative, cooperative society, nonprofit or mutual corpo-
ration or association which is engaged solely in furnishing telephone serv-
ice to subscribers from one telephone line without owning or operating
its own separate central office facilities, shall be subject to the jurisdiction
and control of the commission as provided herein, except that it shall not
construct or extend its facilities across or beyond the territorial boundaries
of any telephone company or cooperative without first obtaining approval
of the commission. As used herein, the term ``transmission of telephone
messages'' shall include the transmission by wire or other means of any
voice, data, signals or facsimile communications, including all such com-
munications now in existence or as may be developed in the future.

The term ``public utility'' shall also include that portion of every mu-
nicipally owned or operated electric or gas utility located outside of and
more than three miles from the corporate limits of such municipality, but
nothing in this act shall apply to a municipally owned or operated utility,
or portion thereof, located within the corporate limits of such municipality
or located outside of such corporate limits but within three miles thereof
except as provided in K.S.A. 66-131a, and amendments thereto.

Except as herein provided, the power and authority to control and
regulate all public utilities and common carriers situated and operated
wholly or principally within any city or principally operated for the benefit
of such city or its people, shall be vested exclusively in such city, subject
only to the right to apply for relief to the corporation commission as
provided in K.S.A. 66-133, and amendments thereto, and to the provi-
sions of K.S.A. 66-131a and section 2, and amendments thereto. A transit
system principally engaged in rendering local transportation service in
and between contiguous cities in this and another state by means of street
railway, trolley bus and motor bus lines, or any combination thereof, shall
be deemed to be a public utility as that term is used in this act and, as
such, shall be subject to the jurisdiction of the commission.

The term ``public utility'' shall not include any activity of an otherwise
jurisdictional corporation, company, individual, association of persons,
their trustees, lessees or receivers as to the marketing or sale of com-
pressed natural gas for end use as motor vehicle fuel.

310             1997 Session Laws of Kansas             Ch. 84

New Sec. 2. (a) Any city by ordinance may relinquish to the state
corporation commission the city's power and authority under K.S.A. 66-
104 and amendments thereto to control and regulate any privately owned
and operated water public utility situated and operated wholly or prin-
cipally within the city or principally operated for the benefit of the city
or its people. Subsequently the city by ordinance may reassert the city's
power and authority under K.S.A. 66-104 and amendments thereto to
control and regulate such utility.

(b) Within five business days after adoption of any ordinance de-
scribed in subsection (a):

(1) The city clerk shall forward a certified copy of the ordinance to
the state corporation commission; and

(2) if the ordinance relinquishes jurisdiction of a privately owned and
operated water public utility, such utility shall file with the commission
an application for a certificate of convenience and necessity.

(c) Upon receipt of an ordinance relinquishing jurisdiction of a water
public utility pursuant to this section, the commission shall assume juris-
diction and control of the privately owned and operated water public
utility as provided by law for other water public utilities under the juris-
diction of the commission. The commission shall maintain such jurisdic-
tion and control until the city subsequently adopts and files with the
commission an ordinance reasserting the city's power and authority pur-
suant to K.S.A. 66-104, and amendments thereto.

(d) A city shall not adopt any ordinance described in subsection (a)
more often than once every two years.

Sec. 3. K.S.A. 66-104 is hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 10, 1997.