Session of 2000
Effective: July 1, 2000
HOUSE BILL No. 2855
An Act concerning the restraint of trade; amending K.S.A.
50-101, 50-102, 50-103, 50-108,
50-109, 50-110, 50-112, 50-113, 50-115,
50-117, 50-131, 50-132, 50-133, 50-136, 50-
137, 50-139, 50-148, 50-149, 50-153, 50-157,
75-715 and 75-716 and repealing the ex-
isting sections; also repealing K.S.A. 50-104,
50-105, 50-106, 50-107, 50-114, 50-118,
50-119, 50-120, 50-121, 50-122, 50-123,
50-124, 50-125, 50-126, 50-127, 50-128, 50-
129, 50-130, 50-134, 50-138, 50-140, 50-141,
50-142, 50-143, 50-144, 50-145, 50-146,
50-150, 50-151, 50-152, 50-154, 50-155,
50-156, 50-801 and 75-713.
Be it enacted by the Legislature of the State of
Kansas:
New Section 1. The provisions of
article 1 of chapter 50 of the Kan-
sas Statutes Annotated, and amendments thereto, and the provisions
of
sections 1 through 3, and amendments thereto, may be cited as the
Kansas
restraint of trade act.
New Sec. 2. The attorney general
may conduct research, hold public
hearings, make inquiries and publish studies relating to antitrust,
monop-
olies, combinations and other subjects relating to restraint of
trade.
New Sec. 3. (a) The commission of
any act or practice declared to
be a violation of the Kansas restraint of trade act shall render
the violator
liable to the state for the payment of a civil penalty in a sum set
by the
court of not less than $100 nor more than $5,000 for each day such
vio-
lation shall have occurred.
(b) Any person who willfully violates the
terms of any court order
issued pursuant to the Kansas restraint of trade act shall forfeit
and pay
a civil penalty of not more than $10,000 per violation, in addition
to other
penalties that may be imposed by the court, as the court shall
deem
necessary and proper. For the purposes of this section, the
district court
issuing an order shall retain jurisdiction, and in such cases, the
attorney
general may petition for recovery of civil penalties.
Sec. 4. K.S.A. 50-101 is hereby
amended to read as follows: 50-101.
A trust is a combination of capital, skill, or acts, by two or more
persons,
firms, corporations, or
associations of persons, or either two or more of
them, for
either, any or all of the following purposes:
First. To create or carry out
restrictions in trade or commerce, or aids
to commerce, or to carry out restrictions in the full and free
pursuit of
any business authorized or permitted by the laws of this state.
Second. To increase or reduce the
price of merchandise, produce or
commodities, or to control the cost or rates of insurance.
Third. To prevent competition in the
manufacture, making, transpor-
tation, sale or purchase of merchandise, produce or commodities, or
to
prevent competition in aids to commerce.
Fourth. To fix any standard or
figure, whereby its such person's
price
to the public shall be, in any manner, controlled or established,
any article
or commodity of merchandise, produce or commerce intended for
sale,
use or consumption in this state.
Fifth. To make or enter into, or
execute or carry out, any contract,
obligation or agreement of any kind or description by which
they shall
such person shall: (a) Bind or have to bind themselves not
to sell, man-
ufacture, dispose of or transport any article or commodity, or
article of
trade, use, merchandise, commerce or consumption below a common
standard figure; or by
which they shall
(b) agree in any manner to keep
the price of such article, commodity
or transportation at a fixed or graded figure; or by which they shall
(c) in any manner establish or
settle the price of any article or com-
modity or transportation between them or themselves and others to
pre-
clude a free and unrestricted competition among themselves or
others in
transportation, sale or manufacture of any such article or
commodity; or
by which they
shall
(d) agree to pool, combine or
unite any interest they may have in
connection with the manufacture, sale or transportation of any such
article
or commodity, that its such person's
price may in any
manner be
is af-
fected. And Any
such combinations are hereby declared to be against
public policy, unlawful and void.
Sec. 5. K.S.A. 50-102 is hereby
amended to read as follows: 50-102.
All persons, companies,
or corporations within this state are hereby de-
nied the right to form or to be in any manner interested, either
directly
or indirectly, as principal, agent, representative, consignee or
otherwise,
in any trust as defined in K.S.A. 50-101, and amendments
thereto.
Sec. 6. K.S.A. 50-103 is hereby
amended to read as follows: 50-103.
Any corporation holding
a charter under the laws of the state of Kansas
which shall violate any
of the provisions of this act shall thereby forfeit
its charter and
franchise, and its corporate existence shall cease and
de-
termine; and any
stockholder, director, officer, agent, representative or
consignee of any such
corporations shall be subject to the penalties herein
prescribed.
(a) The attorney general may bring an action:
(1) To obtain a declaratory judgment
that an act or practice violates
this act;
(2) to obtain a temporary restraining
order prohibiting violations of
this act;
(3) to enjoin violations of this
act;
(4) to recover reasonable expenses
and investigation fees;
(5) to obtain civil penalties as
authorized by this act;
(6) to forfeit the charter and for
the dissolution of the corporate ex-
istence of any corporation holding a charter under the laws of
the state
of Kansas;
(7) to enjoin any person, within or
without this state, which has vi-
olated or is violating this act, and their officers, agents,
representatives or
consignees, from doing business within this state, either
directly or indi-
rectly;
(8) to recover actual damages on
behalf of any person or persons by
reason of violations of this act; or
(9) to void any contract or agreement
in violation of any of the pro-
visions of this act.
(b) In any action brought by the
attorney general, the court may
without requiring bond of the attorney general:
(1) Make such orders or judgments as
may be necessary to prevent
violations of this act;
(2) make such orders or judgments as
may be necessary to enforce
any remedy available to the attorney general; or
(3) grant other appropriate
relief.
Sec. 7. K.S.A. 50-108 is hereby
amended to read as follows: 50-108.
Except as provided in K.S.A. 12-205, and amendments
thereto, any per-
son, firm, company or
corporation that may be damaged by any such
agreement, trusts or combinations described in K.S.A. 50-101 and
50-
102, and amendments thereto, may sue for and recover in any court
of
competent jurisdiction in this state, of any person, company or corpora-
tion operating
such trust or combination, such damages as they have sus-
tained, together with a reasonable attorney
fee
fees.
Sec. 8. K.S.A. 50-109 is hereby
amended to read as follows: 50-109.
It shall be the duty of
the attorney general of the state and the county
attorneys in their
respective counties to diligently prosecute any and all
persons violating any
of the provisions of this act; and it shall be the duty
of all state and county
officials having notice and knowledge of any vio-
lation of the
provisions of this act to notify the county attorney of
their
respective counties and
the attorney general of the state of the fact of
such violation, and to
furnish them with the names of any witnesses by
whom such violations
can be proved. If any such officer or officers shall
fail to comply with the
provisions of this section the officer or officers
shall upon conviction
be fined in any sum not less than one hundred
dollars nor more than
one thousand dollars, and such conviction shall be
a forfeiture of the
office held by such person, and the court before whom
such conviction is had
shall, in addition to the imposition of the fine
aforesaid, order and
adjudge the forfeiture of his or her said office.
The
attorney general shall:
(a) Enforce this act throughout the
state;
(b) cooperate with state and local
officials, officials of other states and
officials of the federal government in the administration of
comparable
statutes;
(c) maintain a public file of final
judgments rendered under this act
that have been either reported officially or made available for
public dis-
semination under subsection (a)(3) of K.S.A. 50-630, and
amendments
thereto, and of consent judgments; and
(d) include in the report required by
subsection (a)(6) of K.S.A. 50-
628, and amendments thereto, a statement of the investigatory
and en-
forcement procedures and policies of the attorney general's
office, of the
number of investigations and enforcement proceedings instituted
and of
their disposition, and of the other activities of the office
and of other
persons to carry out the purposes of this act.
Sec. 9. K.S.A. 50-110 is hereby
amended to read as follows: 50-110.
The several district
courts of this state and the judges thereof shall have
jurisdiction, and it
shall be their duty, upon good cause shown and upon
written application of
the county attorney or the attorney general, to cause
to be issued by the
clerk of said court subpoenas for such witnesses as
may be named in the
application of a county attorney or the attorney
general, and to cause
the same to be served by the sheriff of the county
where such subpoena is
issued; and such witnesses shall be compelled to
appear before such
court or judge at the time and place set forth in the
subpoena, and shall be
compelled to testify as to any knowledge they may
have of the violations
of any of the provisions of this act; and any witness
who fails or refuses to
attend and testify shall be punished as for con-
tempt, as provided by
law.
Any person subpoenaed and examined shall not be liable to
criminal
prosecution for any
violation of this act about which such person may
testify. Neither shall
the evidence of any such witness be used against
him or her in any
criminal proceeding. The evidence of all witnesses so
subpoenaed shall be
taken down by the reporter of said court, and shall
be transcribed and
placed in the hands of the county attorney or the
attorney general, and
he or she shall, in the proper courts, at once pros-
ecute such violator or
violators of this act as the testimony so taken shall
disclose. Witnesses
subpoenaed as provided for in this section shall be
compelled to attend
from any county in the state. (a) Jurisdiction.
For
the purpose of enforcing this act, the courts of this state
shall have power
to exercise jurisdiction over persons to the maximum extent
permitted by
the constitution of the United States.
(b) Venue. Every action pursuant to
this act shall be brought in the
district court of any county in which there occurred an act or
practice
declared to be a violation of this act or in the district court
of Shawnee
county.
Sec. 10. K.S.A. 50-112 is hereby
amended to read as follows: 50-112.
All arrangements, contracts, agreements, trusts, or combinations
between
persons or
corporations made with a view or which tend to prevent
full
and free competition in the importation, transportation or sale of
articles
imported into this state, or in the product, manufacture or sale of
articles
of domestic growth or product of domestic raw material, or for the
loan
or use of money, or to fix attorneys' attorney
or doctors'
doctor fees, and
all arrangements, contracts, agreements, trusts or combinations
between
persons or
corporations, designed or which tend to advance, reduce
or
control the price or the cost to the producer or to the consumer of
any
such products or articles, or to control the cost or rate of
insurance, or
which tend to advance or control the rate of interest for the loan
or use
of moneys to the borrower, or any other services, are hereby
declared to
be against public policy, unlawful and void.
Sec. 11. K.S.A. 50-113 is hereby
amended to read as follows: 50-113.
It shall not be
lawful
unlawful for any corporation to issue or to own trust
certificates, other than the regularly and lawfully authorized
stock thereof,
or for any corporation, agent, officer or employees, or the
directors or
stockholders of any corporation, to enter into any combination,
contract
or agreement with any person or persons, corporation or corporations,
or
with any stockholder or director thereof, the purpose and effect of
which
combination, contract or agreement shall be to place the management
or
control of such combination or combinations, or the manufactured
prod-
uct thereof, in the hands of any trustee or trustees, with the
intent to
limit or fix the price or lessen the production and sale of any
article of
commerce, use or consumption, or to prevent, restrict or diminish
the
manufacture or output of any such article.
Sec. 12. K.S.A. 50-115 is hereby
amended to read as follows: 50-115.
Except as provided in K.S.A. 12-205, and amendments
thereto, any person
or corporation
injured or damaged by any such arrangement, contract,
agreement, trust or combination, described in K.S.A. 50-112 and
50-113,
and amendments thereto, may sue for and recover in any court of
com-
petent jurisdiction in this state, of any person or corporation, the full
consideration or sum paid by such person for any goods, wares,
mer-
chandise and articles included in or advanced or controlled in
price by
such combination, or the full amount of money so borrowed.
Sec. 13. K.S.A. 50-117 is hereby
amended to read as follows: 50-117.
The purchase, sale or manufacture of any goods, wares, merchandise
or
other commodities in this state by any person or corporation who has
entered into any such arrangements, contracts, agreements, trusts
or com-
binations in any other state or territory, as described in K.S.A.
50-112 and
50-113, and amendments thereto, or the purchase, sale or
manufacture
of any such articles by any agent or attorney for such person, or
as an
agent, officer or stockbroker of any such corporation, as a
trustee, com-
mittee, or in any capacity whatever, shall constitute a violation
of this act,
and shall subject the offender to the aforesaid liabilities and
penalties as
provided by this act.
Sec. 14. K.S.A. 50-131 is hereby
amended to read as follows: 50-131.
If any
No person,
company or corporation doing business in Kansas shall
make any agreement, expressed or implied, or by any understanding
or
combination with any person, company or corporation
within or without
the state, by which any shipper of seeds, grains, hay or livestock
is de-
frauded out of any portion of the net weight of any consignment of
grain,
seeds, hay, or
livestock,. All such
agreements or combinations are hereby
declared to be in restraint of trade, and any such
person, company or
corporation shall be
deemed guilty of a misdemeanor, and upon convic-
tion shall be fined in
the sum of not less than one hundred dollars and
not exceeding one
thousand dollars for each offense violation of this
act.
Sec. 15. K.S.A. 50-132 is hereby
amended to read as follows: 50-132.
Every
No person, servant, agent or employee of any firm or corporation
person doing business within the state of Kansas
that shall
conspire or
combine with any other persons, firm or corporation within
or without
the state for the purpose of monopolizing any line of business, or
shall
conspire or combine for the purpose of preventing the producer of
grain,
seeds or livestock or hay, or the local buyer thereof, from
shipping or
marketing the same without the agency of any third
person, firm or
cor-
poration, shall be
deemed guilty of a misdemeanor, and on conviction
shall be fined in a sum
not less than one thousand dollars and not to
exceed five thousand
dollars for each offense.
Sec. 16. K.S.A. 50-133 is hereby
amended to read as follows: 50-133.
Any No
person who
shall, as agent or employee of any person, firm or
corporation,
shall enter into an agreement, expressed or implied,
by
which it is stipulated that grain, seeds or hay shall not be
shipped by the
producer or local buyer unless accompanied with warehouse receipts
or
that the same shall in any manner be under the control of any
warehouse-
man or agent as a condition precedent to the marketing of
said
such grain,.
All such agreements shall be deemed and are hereby declared
unlawful
and in restraint of
trade, and the person entering into such agreement or
combination shall be
deemed guilty of a misdemeanor, and upon convic-
tion shall be fined in
a sum not less than one thousand dollars and not
more than five thousand
dollars, or by imprisonment in the county jail
not less than ninety
days and not to exceed one year, or by both such fine
and imprisonment, at
the discretion of the court violation of this
act.
Sec. 17. K.S.A. 50-136 is hereby
amended to read as follows: 50-136.
It shall be unlawful for any grain dealer or grain
dealers,
partnership,
company, corporation or
association of grain dealers, or any other person
or persons,
partnership, company, corporation or association, to enter
into
any agreement, contract or combination with any other grain dealer
or
grain dealers,
partnership, company, corporation or association of
grain
dealers, or any
other person or persons, partnership, company,
corpora-
tion or
association, for the pooling of prices of different and
competing
dealers and buyers, or to divide between them the aggregate or net
pro-
ceeds of the earnings of such dealers and buyers, or any portion
thereof,
or for fixing the price which any grain dealer or grain
dealers,
partner-
ships, company,
corporation or association of grain dealers, or any
other
person or persons,
partnership, company, corporation or association, shall
pay for grain, hogs, cattle, or stock of any kind or nature
whatever;
and.
In case of any agreement, contract or combination of such pooling
of
prices of different and competing dealers and buyers, or to divide
be-
tween them the aggregate or net proceeds of the earnings of such
dealers
and buyers, or any portion thereof, or for fixing the price which
any grain
dealer or grain dealers, partnership, company, corporation
or association
of grain
dealers, or any other person or persons, partnership, company,
corporation or
association, shall pay for grain, hogs, cattle, or stock of
any
kind or nature whatever, each day of its continuance shall be
deemed a
separate offense.
Sec. 18. K.S.A. 50-137 is hereby
amended to read as follows: 50-137.
In case any grain dealer or dealers, partnership, company, corporation
or
association of grain
dealers, or any person or persons, partnership, com-
pany, corporation or
association subject to the provisions of this act, shall
do or cause to be done or permit to be done any act, matter or
thing in
this act prohibited or declared to be unlawful, or shall omit to do
any act,
matter or thing in this act required to be done, such grain dealer
or grain
dealers, partnership,
company, corporation or association of grain dealers,
or any other person or persons, partnership, company, corporation
or
association,
shall be liable to the person or persons injured thereby to the
full amount of damages sustained in consequence of any such
violation
of the provisions of this act, together with a reasonable counsel or attor-
ney's fee
attorney fees, to be fixed by the court in every case of
recovery,
which attorney's
fee attorney fees shall be taxed and collected as a
part
of the costs in the case; and in any such action brought
for the recovery
of damages the court
before whom the same shall be pending may compel
any grain dealer or
grain dealers, partnership, company, corporation or
association of grain
dealers, or any person or persons, partnership, com-
pany, corporation or
association subject to the provisions of this act, or
any director, officer,
receiver, trustee, agent, employee, or clerk of them
or either of them,
defendant in such suit, to attend, appear and testify in
such case, and may
compel the production of the books and papers of
such grain dealer or
grain dealers, partnership, company, corporation or
association of grain
dealers, or any other person or persons, partnership,
company, corporation or
association party to such suit. The claim that any
such testimony or
evidence may tend to criminate the person giving such
evidence shall not
excuse such witness from testifying, but such evidence
or testimony shall not
be used against such person in the trial of any
criminal
proceeding.
Sec. 19. K.S.A. 50-139 is hereby
amended to read as follows: 50-139.
In all civil actions
brought in the supreme court or in the district courts
of this state for the
purpose of enforcing the provisions of Laws 1887,
chapter 175; Laws 1889,
chapter 257; Laws 1897, chapter 265; Laws 1899,
chapter 293; Laws 1899,
chapter 77, as amended by Laws 1909, chapter
121, whether such suits
are for the purpose of ousting corporations, firms
or associations from
transacting business in the state through or in pur-
suance of unlawful
agreements and combinations in restraint of trade or
to enjoin such unlawful
combinations and agreements, the said court may
on motion of either
party require the opposing litigant to produce books
or writings in his or
her possession or under his or her power which may
contain evidence
pertinent to the issue, and may require the party to
answer interrogatories
filed in court with said motion for the discovery of
facts material to the
support or defense of the action; and if either of said
parties fail to comply
with such order of the court or judge, the court
may, on motion, give
judgment by default. All actions brought to
enforce
this act shall be brought pursuant to chapter 60 of the Kansas
Statutes
Annotated, and amendments thereto.
Sec. 20. K.S.A. 50-148 is hereby
amended to read as follows: 50-148.
The word As
used in this act: (a) "Trade" as used in this act means
the
business of buying or selling any commodity of general use within
the
state; and the
word and
(b) "person" or "persons"
shall be deemed to
include includes indi-
viduals, corporations, limited liability companies,
general partnerships,
and limited
partnerships, firms, companies, voluntary associations
and
other associations or business entities, existing under or
authorized by the
state of Kansas, or the laws of any other state, territory, or
foreign country.
This The
provisions of this act shall not apply to persons whose
business
is under the supervision and control of the state corporation
commission
or the banking department.
Sec. 21. K.S.A. 50-149 is hereby
amended to read as follows: 50-149.
Any person, firm or
corporation, foreign or domestic, doing business in
the state of Kansas, and engaged in the production, manufacture,
distri-
bution, sale or purchase of any commodity in general use, that
shall in-
tentionally for the purpose of destroying competition, discriminate
be-
tween the different sections, communities, or cities of this state,
by buying
at a higher rate or selling at a lower rate, any such commodity, in
one
section, community or city, or any portion thereof, than is charged
or paid
for such commodity in other section, community, or city, after
equalizing
the distance from the point of production to the factory, for
distribution,
and freight rates therefrom, shall be deemed guilty of unfair
discrimi-
nation in
violation with the provisions of this act.
Sec. 22. K.S.A. 50-153 is hereby
amended to read as follows: 50-153.
Whenever the attorney
general or assistant attorney general shall have
knowledge of any
violation of any of the provisions of any of the laws of
the state of Kansas
relating to trusts, monopolies, combinations in re-
straint of trade,
unlawful discrimination, unfair trade or the unlawful
buy-
ing, selling and
dealing in commodities without the intention of
delivering
the same, the attorney
general may for the purpose of investigating and
inquiring into such
violations issue subpoenas for such persons as he or
she shall believe to
have any information or knowledge of any such vio-
lation to appear before
him or her at any time and place within the state
of Kansas to be
designated in the subpoena, then and there to testify
concerning any
violation of any of the provisions of said laws; or said
attorney general or
assistant attorney general may file with the judge of
a court of competent
jurisdiction a written statement, signed by said at-
torney general or
assistant attorney general, alleging any violations of
any
of said laws, and such
judge shall then, at the request of the said attorney
general or assistant
attorney general, issue subpoenas for witnesses, com-
manding such witnesses
to be and appear before such judge at the time
designated in such
subpoena to testify concerning any violation of the
provisions of said
laws.
Such subpoenas may direct witnesses to bring with them any
papers,
documents and books
that may be considered material, and may be served
by any person and shall
be served and returned to said attorney general,
assistant attorney
general or judge, as the case may be, in the same man-
ner that subpoenas are
served and returned under the code of civil pro-
cedure; but said
subpoenas may be returned by mail to the attorney gen-
eral or assistant
attorney general when served in a county other than that
in which the same is
returnable. Each witness shall be sworn to make
true answers to all
questions put to him or her touching the matter under
investigation and the
testimony of each witness may be reduced to writing
and when reduced to
writing shall be signed by the witness. The attorney
general or assistant
attorney general or judge shall be empowered to ad-
minister oaths and
affirmations to such witnesses.
Any disobedience to the subpoena of the attorney general or
assistant
attorney general or any
refusal to be sworn as a witness or to sign the
testimony given or to
answer any proper question propounded by the
attorney general or
assistant attorney general, in any such inquiry before
said attorney general
or assistant attorney general, shall be a misdemeanor
and shall be punished
by a fine of not more than three hundred dollars
($300) or by
imprisonment in the county jail for not more than ninety
(90) days or by both
such fine and imprisonment.
Adjournments of any such inquiries may be made from time to
time
and such judges may
punish any witness for contempt for or on account
of any refusal to be
sworn or to answer questions as a witness or to sign
his or her testimony;
and the attendance of witnesses may be compelled
by attachment by such
judge. (a) Whenever the attorney general has
rea-
son to believe that any provision of this act has been violated
or that any
announced conduct of two or more business entities, announced
by an
authorized agent of one such business entity in which the
combined an-
nual gross sales of such business entities involved exceed
$500,000,000,
will substantially lessen competition or tend to create a
monopoly in vi-
olation of this act, the attorney general, or any deputy
attorney general
or assistant attorney general, may:
(1) Administer oaths and
affirmations;
(2) subpoena witnesses or matter,
propound written questions to be
answered under oath;
(3) take testimony under
oath;
(4) examine or cause to be examined
any documentary material of
whatever nature relevant to such alleged violations;
and
(5) collect evidence.
(b) The attorney general may
designate representatives, including of-
ficials of the state in which the matter is located, to inspect
the matter on
the attorney general's behalf, and the attorney general may
respond to
similar requests from officials of other states.
(c) Service by the attorney general
of any subpoena shall be made by:
(1) The mailing thereof by certified
mail to the last known place of
business, residence or abode within or without this state;
or
(2) in the manner provided in the
code of civil procedure as if a pe-
tition has been filed.
(d) The attorney general may request
that an individual who refuses
to comply with a subpoena, on the ground that testimony or
matter may
incriminate the individual, be ordered by the court to provide
the testi-
mony or matter. Except in a prosecution for perjury, an
individual who
complies with a court order to provide testimony or matter
after asserting
a privilege against self-incrimination to which the individual
is entitled
by law, may not be subjected to a criminal proceeding or to a
civil penalty
to the transaction concerning which the individual is required
to testify
or produce relevant matter.
(e) If any person willfully fails or
refuses to obey any subpoena issued
by the attorney general pursuant to this act, the attorney
general, after
notice, may apply to the district court, and, after a hearing
thereon, the
district court may issue an order:
(1) Granting injunctive relief
restraining the sale or advertisement of
any merchandise or services by such persons;
(2) vacating, annulling or suspending
the corporate charter of a cor-
poration created by or under the laws of this state or revoking
or sus-
pending the certificate of authority to do business in this
state of a foreign
corporation or revoking or suspending any other licenses,
permits or cer-
tificates issued pursuant to law to the person which are used
to further
the allegedly unlawful practice; or
(3) granting such other relief as may
be required, until the person
obeys the subpoena.
Sec. 23. K.S.A. 50-157 is hereby
amended to read as follows: 50-157.
In any civil or
criminal action or proceeding for violation of the
antitrust,
discrimination in restraint of trade or unfair competition laws of
this state,
proof that the act complained of was done in compliance with the
pro-
visions of any code, agreement, license, rule or regulation in
effect under
the terms of the national industrial recovery act or the federal
agricultural
adjustment act, to which the defendant was a party at the time of
such
act, shall be a complete defense to such action or proceeding.
New Sec. 24. (a) As used in this
section, the term "person" means
any individual, corporation, partnership, firm, company or other
associ-
ation of persons, and such term shall include the state of Kansas
and any
of its political subdivisions.
(b) Except as provided in K.S.A. 12-205,
and amendments thereto,
any person who may be damaged or injured by any agreement,
monopoly,
trust, conspiracy or combination which is declared unlawful by any
of the
acts contained in chapter 50 of the Kansas Statutes Annotated,
relating
to unlawful acts, agreements, monopolies, trusts, conspiracies or
combi-
nations in restraint of trade, shall have a cause of action against
any person
causing such damage or injury. Such action may be brought by any
person
who is injured in such person's business or property by reason of
anything
forbidden or declared unlawful by this act, regardless of whether
such
injured person dealt directly or indirectly with the defendant. The
plain-
tiff in any action commenced hereunder in the district court of the
county
wherein such plaintiff resides, or the district court of the county
of the
defendant's principal place of business, may sue for and recover
treble
the damages sustained. In addition, any person who is threatened
with
injury or additional injury by reason of any person's violation of
such acts
may commence an action in such district court to enjoin any such
viola-
tion, and any damages suffered may be sued for and recovered in
the
same action in addition to injunctive relief. Any suit for
injunctive relief
against a municipality shall be subject to the provisions of K.S.A.
12-205,
and amendments thereto.
(c) In any action commenced under this
section, the plaintiff may be
allowed reasonable attorney fees and costs. The remedies provided
herein
shall be alternative and in addition to any other remedies now
provided
by law.
New Sec. 25. Whenever it appears to
the attorney general that the
state of Kansas or any city, town, political subdivision or other
govern-
mental agency, body or authority established under the laws of the
state
of Kansas has been so injured or damaged by any conspiracy,
combination
or agreement in restraint of trade or commerce or similar unlawful
ac-
tions, as to entitle the state of Kansas, a city, a town, or
political subdi-
vision, or other such governmental agency, body or authority to a
right to
bring any action or proceeding for the recovery of damages under
the
provisions of any state or federal antitrust or other similar law,
the attor-
ney general shall have the authority to institute and prosecute any
such
actions or proceedings on behalf of the state of Kansas or of any
city,
town, or political subdivision, or other governmental agency, body
or au-
thority established under the law of the state of Kansas, and shall
have
the authority to intervene on behalf of the state of Kansas or any
city,
town, political subdivision or other governmental agency, body or
au-
thority in such actions or proceedings.
Sec. 26. K.S.A. 75-715 is hereby
amended to read as follows: 75-715.
In any civil action prosecuted by the attorney general for
violation of any
federal or state antitrust law or laws in which moneys are
recovered by
the attorney general on behalf of the state or any political
subdivision
thereof, or on behalf of any persons, firms, corporations, or
associations,
or any combination or class thereof, by reason of any judgment,
consent
decree, or settlement, the attorney general is hereby authorized
and di-
rected to deposit ten
percent (10%) 20% of any such moneys so
recovered
with the state treasurer in a special fund hereby created in the
state
treasury to be known as the "attorney general's antitrust special
revenue
fund." As used in this section, "moneys so recovered" shall include
dam-
ages, penalties, attorneys' fees, costs, disbursements, refunds,
rebates or
any other monetary payment made or paid by any defendant by
reason
of any such judgment, consent decree or settlement, after payment
of
any costs or fees allocated by court order. The balance of such
recovered
moneys shall be deposited with the state treasurer in a special
fund, or
funds, as may be required by the attorney general, and shall be
disbursed
by the director of accounts and reports to the beneficiaries
thereof upon
order of the attorney general.
Sec. 27. K.S.A. 75-716 is hereby
amended to read as follows: 75-716.
(a) Except as
otherwise provided by law, any moneys in the attorney
general's antitrust special revenue fund shall be disbursed by the
director
of accounts and reports in the manner provided by law, upon order
of
the attorney general, for the payment of any expense incurred by
the
attorney general in the prosecution of antitrust actions. Such
expenses
shall include, but not be limited to, professional and witness
fees, depo-
sition costs, investigation, travel and subsistence, or any other
expense
reasonably related to enforcement of such laws, whether incurred
pur-
suant to the recovery of money or enforcement through other civil
or
criminal remedies.
(b) On each June 30, the
attorney general shall determine the amount
of moneys credited to
the attorney general's antitrust special revenue fund
which is in excess of
the amount authorized by the legislature to be ex-
pended from such fund
for the ensuing fiscal year and shall certify such
amount to the director
of accounts and reports. Upon receipt of such
certification, the
director of accounts and reports shall transfer the
amount certified from
the attorney general's antitrust special revenue
fund to the state
general fund.
Sec. 28. K.S.A. 50-101, 50-102, 50-103, 50-104,
50-105, 50-106, 50-
107, 50-108, 50-109, 50-110, 50-112, 50-113, 50-114, 50-115,
50-117, 50-
118, 50-119, 50-120, 50-121, 50-122, 50-123, 50-124, 50-125,
50-126, 50-
127, 50-128, 50-129, 50-130, 50-131, 50-132, 50-133, 50-134,
50-136,
50-137, 50-138, 50-139, 50-140, 50-141, 50-142, 50-143, 50-144,
50-145,
50-146, 50-148, 50-149, 50-150, 50-151, 50-152, 50-153, 50-154,
50-155,
50-156, 50-157, 50-801, 75-713, 75-715 and 75-716 are hereby
repealed.
Sec. 29. This act shall take effect and be in
force from and after its
publication in the statute book.