KS
Kansas Senate Bill SB93

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB93 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 93
33 By Committee on Utilities
44 1-28
55 AN ACT concerning the state corporation commission; providing for the
66 statewide election of the commissioners of the state corporation
77 commission; establishing an election schedule for the election of such
88 commissioners; authorizing gubernatorial appointments until
99 commissioners are elected; amending K.S.A. 25-101, 25-101a, 25-
1010 4001, 74-601, 74-605 and 74-630 and repealing the existing sections.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 New Section 1. (a) Members of the state corporation commission
1313 shall be elected on a statewide basis in accordance with this section and
1414 the provisions applicable to the election of state officers on a statewide
1515 basis pursuant to chapter 25 of the Kansas Statutes Annotated, and
1616 amendments thereto.
1717 (b) The primary elections for members of the state corporation
1818 commission shall commence and be conducted in accordance with the
1919 following schedule:
2020 (1) On the first Tuesday in August of 2026, and on the first Tuesday
2121 in August each four years thereafter, a primary election shall be conducted
2222 for commission position one established pursuant to K.S.A. 74-601, and
2323 amendments thereto; and
2424 (2) on the first Tuesday in August of 2028, and on the first Tuesday in
2525 August each four years thereafter, a primary election shall be conducted
2626 for commission positions two and three established pursuant to K.S.A. 74-
2727 601, and amendments thereto.
2828 (c) The general elections for members of the state corporation
2929 commission shall commence and be conducted in accordance with the
3030 following schedule:
3131 (1) On the Tuesday following the first Monday in November of 2026,
3232 and on the Tuesday following the first Monday in November each four
3333 years thereafter, a general election shall be conducted for commission
3434 position one established pursuant to K.S.A. 74-601, and amendments
3535 thereto; and
3636 (2) on the Tuesday following the first Monday in November of 2028,
3737 and on the Tuesday following the first Monday in November each four
3838 years thereafter, a general election shall be conducted for commission
3939 positions two and three established pursuant to K.S.A. 74-601, and
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7676 amendments thereto.
7777 Sec. 2. K.S.A. 25-101 is hereby amended to read as follows: 25-101.
7878 (a) On the Tuesday succeeding the first Monday in November of each
7979 even-numbered year, there shall be held a general election to elect officers
8080 as follows:
8181 (1) At each alternate election, prior to the year in which the term of
8282 office of the president and vice-president vice president of the United
8383 States will expire, there shall be elected the electors of president and vice-
8484 president vice president of the United States to which the state may be
8585 entitled at the time of such election;
8686 (2) at each such election, when the term of a United States senator for
8787 this state shall expire during the next year, there shall be elected a United
8888 States senator;
8989 (3) at each such election, there shall be elected the representatives in
9090 congress to which the state may be entitled at the time of such election;
9191 (4) at each alternate election, prior to the year in which their regular
9292 terms of office will expire, there shall be elected a governor, lieutenant
9393 governor, secretary of state, attorney general, state treasurer and state
9494 commissioner of insurance;
9595 (5) at each such election, there shall be elected such members of the
9696 state board of education as provided by law;
9797 (6) at each such election, when, in a judicial district in which judges
9898 of the district court are elected, the term of any district judge expires
9999 during the next year, or a vacancy in a district judgeship has been filled by
100100 appointment more than 30 days prior to the election, there shall be elected
101101 a district judge of such judicial district;
102102 (7) at each such election, when, in a judicial district in which judges
103103 of the district court are elected, the term of any district magistrate judge
104104 expires during the next year, or a vacancy in a district magistrate judgeship
105105 has been filled by appointment more than 30 days prior to the election,
106106 there shall be elected a district magistrate judge of such judicial district;
107107 (8) at each alternate election, prior to the year in which the regular
108108 term of office of state senators shall expire, there shall be elected a state
109109 senator in each state senatorial district;
110110 (9) at each election, there shall be elected a representative from each
111111 state representative district;
112112 (10) at each alternate election, there shall be elected, in each county, a
113113 county clerk, county treasurer, register of deeds, county or district attorney,
114114 sheriff and such other officers as provided by law; and
115115 (11) at each election, when the term of county commissioner in any
116116 district in any county shall expire during the next year, there shall be
117117 elected from such district a county commissioner; and
118118 (12) at each election, when the term of a commissioner of the state
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162162 corporation commission shall expire during the next year, there shall be
163163 elected one or two commissioners to the state corporation commission in
164164 accordance with the provisions of section 1, and amendments thereto.
165165 (b) This section shall apply to the filling of vacancies only so far as is
166166 consistent with the provisions of law relating thereto.
167167 Sec. 3. K.S.A. 25-101a is hereby amended to read as follows: 25-
168168 101a. (a) On the Tuesday succeeding the first Monday in November in
169169 1978, and each four years thereafter, there shall be elected a governor and
170170 lieutenant governor running together, a secretary of state, an attorney
171171 general, a state treasurer and, a state commissioner of insurance and a
172172 commissioner or commissioners of the state corporation commission
173173 elected as set forth in section 1, and amendments thereto.
174174 (b) Every candidate for the office of secretary of state, attorney
175175 general, state treasurer or, state commissioner of insurance or
176176 commissioner of the state corporation commission shall be a qualified
177177 elector of the state of Kansas by the deadline for filing for such office as
178178 provided in K.S.A. 25-205, and amendments thereto.
179179 (c) Every candidate for the office of governor and lieutenant governor
180180 shall be a qualified elector and shall be 25 years of age or older by the
181181 deadline for filing for such office as provided in K.S.A. 25-205, and
182182 amendments thereto.
183183 (d) Every candidate for the office of attorney general must be
184184 licensed to practice law within the state of Kansas.
185185 Sec. 4. K.S.A. 25-4001 is hereby amended to read as follows: 25-
186186 4001. The governor, lieutenant governor, secretary of state, attorney
187187 general, state treasurer and, commissioner of insurance and commissioners
188188 of the state corporation commission shall be elected for terms of four (4)
189189 years, to begin on the second Monday of January next after their election,
190190 and continue until their successors are elected and qualified.
191191 Sec. 5. K.S.A. 74-601 is hereby amended to read as follows: 74-601.
192192 (a) There is hereby created the state corporation commission, which shall
193193 consist of three members appointed by the governor, subject to
194194 confirmation by the senate as provided in K.S.A. 75-4315b, and
195195 amendments thereto. Except as provided by K.S.A. 46-2601, no person
196196 appointed to the commission shall exercise any power, duty or function as
197197 a member of the commission until confirmed by the senate. No more than
198198 two members of the commission shall belong to the same political party.
199199 Each member shall be appointed for a term of four years and until a
200200 successor has been appointed and confirmed. In case of a vacancy in the
201201 office of a member of the commission, the governor shall appoint a
202202 successor to fill the vacancy for the unexpired term.
203203 (b) The terms of members who are serving on the commission on the
204204 effective date of this act shall expire on March 15, of the year in which
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248248 such member's term would have expired under the provisions of this
249249 section prior to amendment by this act. Thereafter, members shall be
250250 appointed for terms of four years and until their successors are appointed
251251 and confirmed or elected in accordance with this section.
252252 (b) (1) The terms of the commissioners who are serving on the
253253 commission on July 1, 2025, shall expire on March 15 of the year in which
254254 such terms would have expired under the provisions of this section prior to
255255 the 2025 amendments made to this section by this act, except that the term
256256 of any commissioner shall be extended until the commissioner's successor
257257 is appointed or elected pursuant to the following:
258258 (A) The position held by the commissioner whose term expires on
259259 March 15, 2026, shall be known as commissioner position one. Upon the
260260 expiration of such commissioner's term, the governor shall appoint a
261261 commissioner to the position for a term ending on the second Monday in
262262 January 2027. Thereafter, such position shall be filled by the
263263 commissioner elected to such position pursuant to section 1, and
264264 amendments thereto.
265265 (B) The position held by the commissioner whose term expires on
266266 March 15, 2027, shall be known as commissioner position two. Upon the
267267 expiration of such commissioner's term, the governor shall appoint a
268268 commissioner to such position for a term ending on the second Monday in
269269 January 2029. Thereafter, such position shall be filled by the
270270 commissioner elected to such position pursuant to section 1, and
271271 amendments thereto.
272272 (C) The position held by the commissioner whose term expires on
273273 March 15, 2028, shall be known as commissioner position three. Upon the
274274 expiration of such commissioner's term, the governor shall appoint a
275275 commissioner to such position for a term ending on the second Monday in
276276 January 2029. Thereafter, such position shall be filled by the
277277 commissioner elected to such position pursuant to section 1, and
278278 amendments thereto.
279279 (2) Commissioners appointed by the governor pursuant to this
280280 subsection shall be subject to confirmation by the senate as provided in
281281 K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A.
282282 46-2601, no person appointed to the commission shall exercise any power,
283283 duty or function as a commissioner until confirmed by the senate. The
284284 governor shall not appoint any person to the commission pursuant to this
285285 subsection if such appointment would result in all commissioners
286286 belonging to the same political party.
287287 (c) Any vacancy occurring on the commission shall be filled pursuant
288288 to K.S.A. 25-312, and amendments thereto.
289289 (c)(d) (1) Except as otherwise provided in paragraph (2), the
290290 commission shall elect one of its members as chairperson of the
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334334 commission.
335335 (2) On February 1, 2026, and on February 1 of each of the
336336 succeeding two calendar years, the governor shall appoint the
337337 chairperson of the commission for a one-year term. Such term shall end
338338 on the succeeding February 1. No chairperson appointed pursuant to this
339339 paragraph shall serve more than two consecutive terms as chairperson of
340340 the commission. The provisions of this paragraph shall expire on
341341 February 1, 2029.
342342 (3) The chairperson of the commission shall receive an annual salary
343343 in an amount equal to the annual salary prescribed by law for the chief
344344 judge of the court of appeals, payable monthly. Each other member of the
345345 commission shall receive an annual salary in an amount equal to the
346346 annual salary paid by the state to a judge of the court of appeals, other than
347347 the chief judge, payable monthly. Each member of the commission shall
348348 devote full time to the duties of the office.
349349 (d)(e) The provisions of the Kansas governmental operations
350350 accountability law apply to the state corporation commission, and the
351351 commission is subject to audit, review and evaluation under such law.
352352 Sec. 6. K.S.A. 74-605 is hereby amended to read as follows: 74-605.
353353 (a) No person owning any bonds, stock or property in any railroad
354354 company or other common carrier or public utility, or who is in the
355355 employment of, or who is in any way or manner pecuniarily interested has
356356 any pecuniary interest in, any railroad company or other common carrier
357357 or public utility, shall be eligible, except as hereinafter provided in this
358358 section, to the office of commissioner, attorney or secretary of said the
359359 commission, nor shall such commissioner, attorney or secretary hold any
360360 office of profit or any position under any committee of any political party,
361361 or hold any other position of honor, profit or trust under or by virtue of any
362362 of the laws of the United States or of the state of Kansas. Said Such
363363 commissioners shall be qualified electors of the state, and shall not while
364364 such commissioners engage in any occupation or business inconsistent
365365 with their duties as such commissioners.
366366 And(b) If any member of the commission, at the time of his
367367 appointment such member assumes the office of commissoner, shall own
368368 any bonds, stock or property in any railroad company or other common
369369 carrier or public utility, or is in the employment of, or is in any way or
370370 manner pecuniarily interested has any pecuniary interest in, any railroad
371371 company or any common carrier or public utility, such commissioner or
372372 other appointee shall within thirty (30) days divest himself of such interest
373373 or employment, and upon his failing to do so he. If such member fails to
374374 divest of such interest or employment pursuant to this section, such
375375 member shall forfeit his the office, and the governor shall remove such
376376 commissioner and shall appoint his successor, who shall hold until a
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420420 successor is appointed and qualified and a vacancy shall be declared.
421421 (c) Each of said the commissioners, attorney and secretary shall be
422422 sworn, before entering upon the discharge of the same, to faithfully
423423 perform the duties of the respective offices. Said The commission is
424424 authorized and empowered to employ, subject to the approval of the
425425 governor, such extra accountants, engineers, experts and special assistants
426426 as in its the commission's judgment may be necessary and proper to carry
427427 the provisions of this act into effect, and to fix their compensation; and.
428428 Such employees shall hold their office during at the pleasure of said the
429429 commission: Provided, That. No person related by blood or marriage to
430430 any member of such commission shall be appointed or employed by said
431431 the commission.
432432 Sec. 7. K.S.A. 74-630 is hereby amended to read as follows: 74-630.
433433 (a) The state corporation commission may appoint persons to the positions
434434 specified in subsection (b) to serve as full-time employees of the state.
435435 Such persons shall be in the unclassified service of the Kansas civil service
436436 act and shall receive compensation fixed by the state corporation
437437 commission and approved by the governor, subject to the limitations of
438438 appropriations therefor.
439439 (b) The offices to which this section apply are the following:
440440 (1) The director of the division of utilities;
441441 (2) the director of the division of conservation;
442442 (3) the director of the division of transportation;
443443 (4) the director of public affairs and consumer protection;
444444 (5) the general counsel; and
445445 (6) the executive director, who shall also serve as secretary to the
446446 state corporation commission.
447447 Sec. 8. K.S.A. 25-101, 25-101a, 25-4001, 74-601, 74-605 and 74-630
448448 are hereby repealed.
449449 Sec. 9. This act shall take effect and be in force from and after its
450450 publication in the statute book.
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