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Session of 2025
SENATE BILL No. 93
By Committee on Utilities
1-28
AN ACT concerning the state corporation commission; providing for the
statewide election of the commissioners of the state corporation
commission; establishing an election schedule for the election of such
commissioners; authorizing gubernatorial appointments until
commissioners are elected; amending K.S.A. 25-101, 25-101a, 25-
4001, 74-601, 74-605 and 74-630 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Members of the state corporation commission
shall be elected on a statewide basis in accordance with this section and
the provisions applicable to the election of state officers on a statewide
basis pursuant to chapter 25 of the Kansas Statutes Annotated, and
amendments thereto.
(b) The primary elections for members of the state corporation
commission shall commence and be conducted in accordance with the
following schedule:
(1) On the first Tuesday in August of 2026, and on the first Tuesday
in August each four years thereafter, a primary election shall be conducted
for commission position one established pursuant to K.S.A. 74-601, and
amendments thereto; and
(2) on the first Tuesday in August of 2028, and on the first Tuesday in
August each four years thereafter, a primary election shall be conducted
for commission positions two and three established pursuant to K.S.A. 74-
601, and amendments thereto.
(c) The general elections for members of the state corporation
commission shall commence and be conducted in accordance with the
following schedule:
(1) On the Tuesday following the first Monday in November of 2026,
and on the Tuesday following the first Monday in November each four
years thereafter, a general election shall be conducted for commission
position one established pursuant to K.S.A. 74-601, and amendments
thereto; and
(2) on the Tuesday following the first Monday in November of 2028,
and on the Tuesday following the first Monday in November each four
years thereafter, a general election shall be conducted for commission
positions two and three established pursuant to K.S.A. 74-601, and
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amendments thereto.
Sec. 2. K.S.A. 25-101 is hereby amended to read as follows: 25-101.
(a) On the Tuesday succeeding the first Monday in November of each
even-numbered year, there shall be held a general election to elect officers
as follows:
(1) At each alternate election, prior to the year in which the term of
office of the president and vice-president vice president of the United
States will expire, there shall be elected the electors of president and vice-
president vice president of the United States to which the state may be
entitled at the time of such election;
(2) at each such election, when the term of a United States senator for
this state shall expire during the next year, there shall be elected a United
States senator;
(3) at each such election , there shall be elected the representatives in
congress to which the state may be entitled at the time of such election;
(4) at each alternate election, prior to the year in which their regular
terms of office will expire, there shall be elected a governor, lieutenant
governor, secretary of state, attorney general, state treasurer and state
commissioner of insurance;
(5) at each such election , there shall be elected such members of the
state board of education as provided by law;
(6) at each such election, when, in a judicial district in which judges
of the district court are elected, the term of any district judge expires
during the next year, or a vacancy in a district judgeship has been filled by
appointment more than 30 days prior to the election, there shall be elected
a district judge of such judicial district;
(7) at each such election, when, in a judicial district in which judges
of the district court are elected, the term of any district magistrate judge
expires during the next year, or a vacancy in a district magistrate judgeship
has been filled by appointment more than 30 days prior to the election,
there shall be elected a district magistrate judge of such judicial district;
(8) at each alternate election, prior to the year in which the regular
term of office of state senators shall expire, there shall be elected a state
senator in each state senatorial district;
(9) at each election , there shall be elected a representative from each
state representative district;
(10) at each alternate election, there shall be elected, in each county, a
county clerk, county treasurer, register of deeds, county or district attorney,
sheriff and such other officers as provided by law; and
(11) at each election, when the term of county commissioner in any
district in any county shall expire during the next year, there shall be
elected from such district a county commissioner; and
(12) at each election, when the term of a commissioner of the state
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corporation commission shall expire during the next year, there shall be
elected one or two commissioners to the state corporation commission in
accordance with the provisions of section 1, and amendments thereto.
(b) This section shall apply to the filling of vacancies only so far as is
consistent with the provisions of law relating thereto.
Sec. 3. K.S.A. 25-101a is hereby amended to read as follows: 25-
101a. (a) On the Tuesday succeeding the first Monday in November in
1978, and each four years thereafter, there shall be elected a governor and
lieutenant governor running together, a secretary of state, an attorney
general, a state treasurer and , a state commissioner of insurance and a
commissioner or commissioners of the state corporation commission
elected as set forth in section 1, and amendments thereto.
(b) Every candidate for the office of secretary of state, attorney
general, state treasurer or , state commissioner of insurance or
commissioner of the state corporation commission shall be a qualified
elector of the state of Kansas by the deadline for filing for such office as
provided in K.S.A. 25-205, and amendments thereto.
(c) Every candidate for the office of governor and lieutenant governor
shall be a qualified elector and shall be 25 years of age or older by the
deadline for filing for such office as provided in K.S.A. 25-205, and
amendments thereto.
(d) Every candidate for the office of attorney general must be
licensed to practice law within the state of Kansas.
Sec. 4. K.S.A. 25-4001 is hereby amended to read as follows: 25-
4001. The governor, lieutenant governor, secretary of state, attorney
general, state treasurer and, commissioner of insurance and commissioners
of the state corporation commission shall be elected for terms of four (4)
years, to begin on the second Monday of January next after their election ,
and continue until their successors are elected and qualified.
Sec. 5. K.S.A. 74-601 is hereby amended to read as follows: 74-601.
(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
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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 or elected in accordance with this section.
(b) (1) The terms of the commissioners who are serving on the
commission on July 1, 2025, shall expire on March 15 of the year in which
such terms would have expired under the provisions of this section prior to
the 2025 amendments made to this section by this act, except that the term
of any commissioner shall be extended until the commissioner's successor
is appointed or elected pursuant to the following:
(A) The position held by the commissioner whose term expires on
March 15, 2026, shall be known as commissioner position one. Upon the
expiration of such commissioner's term, the governor shall appoint a
commissioner to the position for a term ending on the second Monday in
January 2027. Thereafter, such position shall be filled by the
commissioner elected to such position pursuant to section 1, and
amendments thereto.
(B) The position held by the commissioner whose term expires on
March 15, 2027, shall be known as commissioner position two. Upon the
expiration of such commissioner's term, the governor shall appoint a
commissioner to such position for a term ending on the second Monday in
January 2029. Thereafter, such position shall be filled by the
commissioner elected to such position pursuant to section 1, and
amendments thereto.
(C) The position held by the commissioner whose term expires on
March 15, 2028, shall be known as commissioner position three. Upon the
expiration of such commissioner's term, the governor shall appoint a
commissioner to such position for a term ending on the second Monday in
January 2029. Thereafter, such position shall be filled by the
commissioner elected to such position pursuant to section 1, and
amendments thereto.
(2) Commissioners appointed by the governor pursuant to this
subsection shall be 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 commissioner until confirmed by the senate. The
governor shall not appoint any person to the commission pursuant to this
subsection if such appointment would result in all commissioners
belonging to the same political party.
(c) Any vacancy occurring on the commission shall be filled pursuant
to K.S.A. 25-312, and amendments thereto.
(c)(d) (1) Except as otherwise provided in paragraph (2), the
commission shall elect one of its members as chairperson of the
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commission.
(2) On February 1, 2026, and on February 1 of each of the
succeeding two calendar years, the governor shall appoint the
chairperson of the commission for a one-year term. Such term shall end
on the succeeding February 1. No chairperson appointed pursuant to this
paragraph shall serve more than two consecutive terms as chairperson of
the commission. The provisions of this paragraph shall expire on
February 1, 2029.
(3) 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)(e) 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.
Sec. 6. K.S.A. 74-605 is hereby amended to read as follows: 74-605.
(a) No person owning any bonds, stock or property in any railroad
company or other common carrier or public utility, or who is in the
employment of, or who is in any way or manner pecuniarily interested has
any pecuniary interest in, any railroad company or other common carrier
or public utility, shall be eligible, except as hereinafter provided in this
section, to the office of commissioner, attorney or secretary of said the
commission, nor shall such commissioner, attorney or secretary hold any
office of profit or any position under any committee of any political party,
or hold any other position of honor, profit or trust under or by virtue of any
of the laws of the United States or of the state of Kansas. Said Such
commissioners shall be qualified electors of the state , and shall not while
such commissioners engage in any occupation or business inconsistent
with their duties as such commissioners.
And(b) If any member of the commission, at the time of his
appointment such member assumes the office of commissoner , shall own
any bonds, stock or property in any railroad company or other common
carrier or public utility, or is in the employment of, or is in any way or
manner pecuniarily interested has any pecuniary interest in, any railroad
company or any common carrier or public utility, such commissioner or
other appointee shall within thirty (30) days divest himself of such interest
or employment, and upon his failing to do so he . If such member fails to
divest of such interest or employment pursuant to this section, such
member shall forfeit his the office , and the governor shall remove such
commissioner and shall appoint his successor, who shall hold until a
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successor is appointed and qualified and a vacancy shall be declared.
(c) Each of said the commissioners, attorney and secretary shall be
sworn, before entering upon the discharge of the same, to faithfully
perform the duties of the respective offices. Said The commission is
authorized and empowered to employ, subject to the approval of the
governor, such extra accountants, engineers, experts and special assistants
as in its the commission's judgment may be necessary and proper to carry
the provisions of this act into effect , and to fix their compensation ; and.
Such employees shall hold their office during at the pleasure of said the
commission: Provided, That . No person related by blood or marriage to
any member of such commission shall be appointed or employed by said
the commission.
Sec. 7. K.S.A. 74-630 is hereby amended to read as follows: 74-630.
(a) The state corporation commission may appoint persons to the positions
specified in subsection (b) to serve as full-time employees of the state.
Such persons shall be in the unclassified service of the Kansas civil service
act and shall receive compensation fixed by the state corporation
commission and approved by the governor , subject to the limitations of
appropriations therefor.
(b) The offices to which this section apply are the following:
(1) The director of the division of utilities;
(2) the director of the division of conservation;
(3) the director of the division of transportation;
(4) the director of public affairs and consumer protection;
(5) the general counsel; and
(6) the executive director, who shall also serve as secretary to the
state corporation commission.
Sec. 8. K.S.A. 25-101, 25-101a, 25-4001, 74-601, 74-605 and 74-630
are hereby repealed.
Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.
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