Kansas Statutes 79-5a01c. Purpose of 2009 amendments to K.S.A. 79-5a01 related to underground storage of natural gas
Terms Used In Kansas Statutes 79-5a01c
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Property: includes personal and real property. See Kansas Statutes 77-201
- public utilities: means every individual, company, corporation, association of persons, brokers, marketers, lessees or receivers that now or hereafter own, broker or market natural gas inventories stored for resale in an underground formation in this state, or now or hereafter are in control, manage or operate a business of:
(1) A railroad or railroad corporation if such railroad or railroad corporation owns or holds, by deed or other instrument, an interest in right-of-way, track, franchise, roadbed or trackage in this state;
(2) transmitting to, from, through or in this state telegraphic messages;
(3) transmitting to, from, through or in this state telephonic messages;
(4) transporting or distributing to, from, through or in this state natural gas, oil or other commodities in pipes or pipelines, or engaging primarily in the business of storing natural gas in an underground formation;
(5) generating, conducting or distributing to, from, through or in this state electric power;
(6) transmitting to, from, through or in this state water if for profit or subject to regulation of the state corporation commission; and
(7) transporting to, from, through or in this state cargo or passengers by means of any vessel or boat used in navigating any of the navigable watercourses within or bordering upon this state. See Kansas Statutes 79-5a01
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
It is the purpose of the amendments enacted in this legislation to Kan. Stat. Ann. §§ 79-5a01 to carry out the mandate of the electorate of the state of Kansas who in 1992 amended section 1 of article 11 of the constitution of the state of Kansas to effectuate the taxation of public utility inventories, in response to an appellate decision holding that natural gas owned by public utilities and stored for resale comes within the exemption from ad valorem taxation afforded to merchants’ and manufacturers’ inventories. The legislature recognizes that the state has a number of underground formations that are ideal for the storage of natural gas and that the storage of natural gas in these formations by and on behalf of the owners, brokers and marketers of natural gas assures them a plentiful supply of natural gas during periods of peak demand and thereby contributes to their economic viability. The legislature further recognizes that the state and its political subdivisions provide valuable governmental services that protects the natural gas and its free flow to and from these formations for which such owners, brokers and marketers of natural gas should contribute through the property tax imposed by the amendments enacted in this legislation to Kan. Stat. Ann. § 79-5a01.