[As Amended by House Committee of the
Whole]
As Amended by Senate Committee
Session of 2000
SENATE BILL No. 532
By Committee on Agriculture
2-1
11 AN ACT
concerning [agriculture; relating to] livestock;
relating to[,]
12 electronic auctions;
[enacting the livestock markets act and the
13 Kansas agricultural
production contract fair practices act, pen-
14 alties;]
amending K.S.A. 47-1001e and 47-1011 and K.S.A. 1999 Supp.
15 47-1001 and 47-1008
and repealing the existing sections.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 Section
1. K.S.A. 1999 Supp. 47-1001 is hereby amended to read as
19 follows: 47-1001. As used in this act,
except where the context clearly
20 indicates a different meaning:
21
(a) ``Commissioner'' means the livestock commissioner of the
state of
22 Kansas.
23 (b) ``Livestock''
means and includes cattle, swine, sheep, goats,
24 horses, mules, domesticated deer, all
creatures of the ratite family that
25 are not indigenous to this state, including
but not limited to ostriches,
26 emus and rheas, and any other animal as
deemed necessary by the com-
27 missioner established through rules and
regulations.
28 (c) ``Person''
means and includes any individual, partnership, corpo-
29 ration or association.
30 (d) ``Producer''
means any person engaged in the business of breed-
31 ing, grazing or feeding livestock.
32 (e) ``Consignor''
means any person who ships or delivers to any public
33 livestock market livestock for handling,
sale or resale at a public livestock
34 market.
35 (f) ``Public
livestock market'' means any place, establishment or fa-
36 cility commonly known as a ``livestock
market,'' ``livestock auction mar-
37 ket,'' ``sales ring,'' ``stockyard,''
``community sale'' as such term is used in
38 article 10 of chapter 47 of the Kansas
Statutes Annotated, which includes
39 any business conducted or operated for
compensation or profit as a public
40 market for livestock, consisting of pens,
or other enclosures, and their
41 appurtenances, in which livestock are
received, held, sold or kept for sale
42 or shipment except that this term shall not
apply to any livestock market
2
1 where federal veterinary inspection
is regularly maintained.
2
(g) ``Public livestock market operator'' means any person who,
in this
3 state, receives on consignment, or
solicits from the producer or consignor
4 thereof, or holds in trust or custody
for another, any livestock for sale or
5 exchange, on behalf of such producer
or consignor at a public livestock
6 market, or sells, or offer for sale,
at a public livestock market, for the
7 account of the producer or consignor
thereof, any livestock or directly or
8 indirectly owns, conducts or operates
a public livestock market. The term
9 ``public livestock market operator''
shall not be construed to include any
10 packer or agent of a packer who receives or
purchases livestock for
11 prompt slaughter.
12 (h) ``Packer''
means any person engaged in the business of buying
13 livestock for purposes of slaughter, or of
manufacturing or preparing
14 meats or meat food products for sale or
shipment, or of manufacturing
15 or preparing livestock products for sale or
shipment, or of marketing
16 meats, meat food products, livestock
products, dairy products, poultry or
17 poultry products.
18 (i) ``Board''
means any three members of the Kansas animal health
19 board designated by the chairperson of the
Kansas animal health board
20 for each particular hearing. The
chairperson may be included in such
21 designation.
22 (j) ``Dealer'' as
used in article 10 of chapter 47 of the Kansas Statutes
23 Annotated, to which this act is amendatory
and supplemental, shall have
24 the same meaning as the term ``public
livestock market operator.''
25
(k) ``Domesticated deer'' means any member of the family
cervidae
26 which was legally obtained and is being
sold or raised in a confined area
27 for breeding stock; for any carcass, skin
or part of such animal; for exhi-
28 bition; or for companionship.
29 (l) ``Occasional
livestock sale'' means livestock auctions or sales, that
30 receive on consignment, or solicits from
the producer or consignor
31 thereof, or holds in trust or custody for
another, any livestock for sale or
32 exchange, on behalf of such producer or
consignor at such auction or sale,
33 or sells, or offers for sale, at such
auction or sale, for the account of the
34 producer or consignor thereof, any
livestock or directly or indirectly owns,
35 conducts or operates such auction or sale
and such auctions or sales are
36 held 12 or less times per year.
37
(m) ``Electronic auction'' means a live audio-visual
broadcast of an
38 actual auction where livestock are
offered for sale and shall include auc-
39 tions conducted by satellite
communications and over the internet.
40 Sec.
2. K.S.A. 47-1001e is hereby amended to read as follows:
47-
41 1001e. (a) Each livestock market
operator shall pay annually, on or before
42 June 30, a renewal market license fee in an
amount set by the Kansas
43 animal health board and adopted by rules
and regulations of the com-
3
1 missioner of not more than $40 to the
commissioner for each public
2 livestock market operated by such
operator, which payment shall consti-
3 tute a renewal until June 30 of the
following year. The renewal market
4 license fee established by this
section on the day preceding the effective
5 date of this act shall continue in
effect until a different renewal market
6 license fee is set as provided under
this section.
7 (b) Any
person who owns or operates an electronic auction which is
8 simulcast into the state of Kansas
and at which livestock located in the
9 state of Kansas are offered for
sale, shall apply to the livestock commis-
10 sioner for an electronic auction
license. A license shall be granted to such
11 person upon a showing that such person
meets the bond requirements, as
12 established in K.S.A. 47-1002, and
amendments thereto, and has paid an
13 annual fee in an amount set by the
Kansas animal health board and
14 adopted by rules and regulations of the
commissioner of not more than
15 $40. Any such license shall expire on
June 30 of each year.
16 Sec.
3. K.S.A. 1999 Supp. 47-1008 is hereby amended to read as
17 follows: 47-1008. (a) Livestock shall not
be offered for sale or sold at any
18 licensed public livestock market if such
livestock:
19 (1) Is infected
with a disease that permanently renders the livestock
20 unfit for human consumption;
21 (2) has severe
neoplasia;
22 (3) has severe
actinomycosis;
23 (4) is unable to
rise to its feet by itself; or
24 (5) has an
obviously fractured long bone or other fractures or dislo-
25 cation of a joint that renders the
livestock unable to bear weight on the
26 affected limb without that limb
collapsing.
27 (b) If, in the
judgment of an accredited veterinarian, the livestock
28 consigned and delivered on the premises of
any licensed public livestock
29 market is in any of the conditions
described in subsection (a), such vet-
30 erinarian shall euthanize humanely the
livestock or direct the consignor
31 to immediately remove the livestock from
the premises of the public
32 livestock market. All expenses incurred for
euthanasia and disposal of the
33 livestock under the provisions of this
subsection shall be the responsibility
34 of the consignor. Collection of expenses
shall not be the responsibility of
35 the consignee.
36 (c) All
livestock consigned and delivered on the premises of any
37 licensed public livestock market, before
being offered for sale, shall be
38 inspected by a veterinarian authorized by
the commissioner who shall
39 visually examine or test, or both, each
animal consigned to such market,
40 for the purpose of determining its
condition of health and freedom of
41 clinical signs of infectious or contagious
animal diseases that are deter-
42 mined to be reportable by the livestock
commissioner. Such regulatory
43 veterinary services shall be contracted for
by the livestock commissioner
4
1 who shall select an accredited
veterinarian for each public livestock mar-
2 ket. The public livestock market
operator, for each public livestock mar-
3 ket, shall submit to the livestock
commissioner a list of accredited vet-
4 erinarians to be considered for the
position or positions. Such veterinarian
5 shall be authorized to make all
required examinations and tests, and to
6 issue certificates of inspection at
the public livestock market where such
7 veterinarian serves. All livestock
sold, resold, exchanged or transferred,
8 or offered for sale or exchange at a
livestock market shall be treated as
9 may be necessary to prevent the
spread of contagious or infectious dis-
10 eases. A certificate of inspection, on a
form to be approved by the com-
11 missioner, shall be issued to the purchaser
by the inspector. For the visual
12 inspection of livestock offered for sale,
there shall be collected by the
13 market operator from the consignor a fee
which shall be determined by
14 negotiation between the market operator and
the market veterinarian but
15 shall not be less than $.07 per head,
except that no fee for inspection shall
16 be collected unless the inspection actually
has been made. If the charges
17 per head collected on all livestock
inspected at a livestock market on any
18 sales day do not amount to a minimum per
diem of $40 or any amount
19 greater than $40 negotiated by the
operator, the market operator shall
20 be required to supply sufficient funds to
provide such amount. Any
21 amount lesser or greater than the $40
amount specified, shall be deter-
22 mined by negotiation between the market
operator and the market vet-
23 erinarian. A copy of any agreement or
contract shall be on file with the
24 commissioner. Payments for veterinary
services rendered under a con-
25 tract as provided in this section shall be
paid from the veterinary inspec-
26 tion fee fund, and for such services
rendered prior to the end of a fiscal
27 year, payment may be made within 90 days
after the end of the fiscal
28 year.
29 (d) Livestock
market operators shall pay amounts received and
30 amounts due under this section to the
livestock commissioner. The com-
31 missioner shall remit all such amounts
received to the state treasurer at
32 least monthly. Upon receipt of any such
remittance the state treasurer
33 shall deposit the entire amount thereof in
the state treasury and the same
34 shall be credited to the veterinary
inspection fee fund. All expenditures
35 from such fund shall be made in accordance
with appropriation acts upon
36 warrants of the director of accounts and
reports issued pursuant to vouch-
37 ers approved by the commissioner or by a
person or persons designated
38 by such commissioner.
39 (e) The livestock
commissioner shall promulgate rules and regula-
40 tions as may be necessary to carry out the
purposes of this section, in-
41 cluding, but not limited to, rules and
regulations designating any disease
42 as a disease that renders livestock or the
carcasses thereof permanently
43 unfit for human consumption. The livestock
commissioner shall prom-
5
1 ulgate all such rules and regulations
in accordance with existing ante-
2 mortem inspection regulations
promulgated by the United States de-
3 partment of agriculture food safety
and inspection service, as in effect on
4 July 1, 1997.
5 (f) All
livestock sold by a licensed electronic auction, before
being
6 delivered to
the an out-of-state buyer,
shall have a health certificate
7 issued by
an a licensed, accredited
veterinarian. Kansas buyers shall
8 be furnished a health
certificate upon request.
9 Sec.
4. K.S.A. 47-1011 is hereby amended to read as follows:
47-
10 1011. (a) The public livestock market
operator shall collect from the con-
11 signor of horses, mules, cattle, hogs,
sheep and goats the fee per head on
12 all such livestock sold at a public
livestock market in the amount fixed by
13 the commissioner under this section. The
public livestock market oper-
14 ator shall remit to the commissioner on or
before the 15th day of each
15 month the amounts collected during the
preceding calendar month.
16 (b) The
electronic auction operator shall collect from the consignor
of
17 horses, mules, cattle, hogs, sheep and
goats the fee per head in an amount
18 fixed by the commissioner under this
section on all such livestock sold at
19 an electronic auction if such livestock
is located in the state of Kansas.
20 The electronic auction operator shall
remit to the commissioner on or
21 before the 15th day of each month the
amounts collected during the pre-
22 ceding calendar month.
23 (b)
(c) The fee per head provided for in this section shall
be in ad-
24 dition to the inspection fee stated in
K.S.A. 47-1008, and amendments
25 thereto, to the license fee payable to the
commissioner for licenses men-
26 tioned and described in K.S.A. 47-1002, and
amendments thereto, and
27 to the fee provided for in K.S.A. 74-534,
and amendments thereto.
28 (c)
(d) The commissioner shall determine annually the
amount of
29 funds which will be required, in addition
to the funds received for fees
30 imposed under K.S.A. 47-1001a and 47-1001e,
and amendments thereto,
31 to properly enforce and administer the laws
contained in article 10 of
32 chapter 47 of the Kansas Statutes
Annotated, and amendments thereto,
33 and shall fix and adjust from time to time
the fee per head imposed under
34 this section in such reasonable sum as may
be necessary for such pur-
35 poses, except that the fee per head fixed
under this section shall not be
36 more than $.15. The fee per head in effect
on the day preceding the
37 effective date of this act shall continue
in effect until the commissioner
38 fixes a different fee per head under this
section.
39 (d)
(e) The commissioner shall remit all moneys received by
or for
40 the commissioner under K.S.A. 47-1001a,
47-1001e and this section, and
41 amendments thereto, to the state treasurer
at least monthly. Upon receipt
42 of each such remittance, the state
treasurer shall deposit the entire
43 amount thereof in the state treasury and
such amount shall be credited
6
1 to the animal disease control
fund.
2 [New Sec. 5. The
provisions of this act shall be known and may
3 be cited as the competitive
livestock markets act.
4 [New
Sec. 6. As used in sections 5 through 11, and
amend-
5 ments thereto:
6
[(a) ``Packer'' means any person engaged in the business
of:
7
[(1) Buying more than 5,000 animal units of livestock per
year
8 in commerce for purpose of
slaughter;
9
[(2) Manufacturing or preparing meats or meat food
products
10 for sale or shipment in commerce;
or
11 [(3) marketing
meats, meat food products or livestock products
12 in an unmanufactured form acting as a
wholesale broker, dealer
13 or distributor in commerce.
14 [(b) ``Animal
units'' means the same as prescribed by K.S.A. 65-
15 171d, and amendments thereto.
16 [New Sec.
7. It shall be unlawful for any packer with respect
17 to livestock, meats, meat products,
livestock products in unmanu-
18 factured form to:
19 [(a) Engage in or
use any unfair, unjustly discriminatory or de-
20 ceptive practice or device;
21 [(b) make or
give any undue or unreasonable preference or
22 advantage to any particular person or
locality in any respect what-
23 soever, or subject any particular person
or locality to any unrea-
24 sonable prejudice or disadvantage in any
respect whatsoever;
25 [(c) sell or
otherwise transfer to or for any other packer or buy
26 or otherwise receive from or for any
other packer any article for
27 the purpose or with the effect of
apportioning the supply between
28 any such persons if such apportionment
has the tendency or effect
29 of restraining commerce or of creating a
monopoly;
30 [(d) sell or
otherwise transfer to or for any other person, or buy
31 or otherwise receive from or for any
other person, any article for
32 the purpose or with the effect of
manipulating or controlling
33 prices, or of creating a monopoly in the
acquisition of buying, sell-
34 ing or dealing in any article, or of
restraining commerce;
35 [(e) engage in
any course of business or do any act for the pur-
36 pose or with the effect of manipulating
or controlling prices, or of
37 creating a monopoly in the acquisition
of buying, selling, dealing
38 in any article or of restraining
commerce;
39 [(f) conspire,
combine, agree or arrange with any other person
40 to apportion territory for carrying on
business, to apportion pur-
41 chases or sales of any article or to
manipulate or control prices; or
42 [(g) conspire,
combine, agree or arrange with any other person
43 to do, or aid or abet the doing of any
act made unlawful by sub-
7
1 sections (a), (b), (c), (d) or
(e).
2 [New
Sec. 8. (a) The attorney general or any county or
district
3 attorney may bring an
action:
4 [(1) To
obtain a declaratory judgment that an act or practice
5 violates sections 5 through 11,
and amendments thereto;
6 [(2) to
enjoin, or to obtain a restraining order against a packer
7 who has violated, is violating or
is otherwise likely to violate sec-
8 tions 5 through 11, and amendments
thereto; or
9 [(3) to
recover damages on behalf of a person by reason of
10 violations of sections 5 through 11, and
amendments thereto; and
11 [(4) to
recover reasonable expenses and investigation fees.
12 [(b) In lieu
of instigating or continuing an action or proceed-
13 ing, the attorney general may accept a
consent judgment with re-
14 spect to any act or practice declared to
be a violation of sections 5
15 through 11, and amendments thereto. Such
a consent judgment
16 shall provide for the discontinuance by
the packer of any act or
17 practice declared to be a violation of
sections 5 through 11, and
18 amendments thereto, and it may include a
stipulation for the pay-
19 ment by such packer of reasonable
expenses and investigation fees
20 incurred by the attorney general. Any
consent judgment entered
21 into pursuant to this section shall not
be deemed to admit the vi-
22 olation, unless it does so by its terms.
Before any consent judgment
23 entered into pursuant to this section
shall be effective, it must be
24 approved by the district court and an
entry made thereof in the
25 manner required for making an entry of
judgment. Once such ap-
26 proval is received, any breach of the
conditions of such consent
27 judgment shall be treated as a violation
of a court order, and shall
28 be subject to all the penalties provided
by law therefor.
29 [(c) In any
action brought by the attorney general or the county
30 or district attorney, the court may,
without requiring bond of the
31 attorney general or the county or
district attorney:
32 [(1) Make such
orders or judgments as may be necessary to
33 prevent the use or employment by a
packer of any practices de-
34 clared to be a violation of sections 5
through 11, and amendments
35 thereto;
36 [(2) make such
orders or judgments as may be necessary to
37 compensate any person for damages
sustained;
38 [(3) revoke
any license or certificate authorizing that packer to
39 engage in business in this
state;
40 [(4) issue a
temporary restraining order or enjoin any packer
41 from engaging in business in this
state;
42 [(5) award
reasonable expenses and investigation fees, civil
43 penalties and costs; and
8
1
[(6) grant other appropriate relief.
2 [New
Sec. 9. (a) Whether a person seeks or is entitled to
dam-
3 ages or otherwise has an adequate
remedy at law or in equity, a
4 person aggrieved by an alleged
violation of sections 5 through 11,
5 and amendments thereto, may bring
an action to:
6
[(1) Obtain a declaratory judgment that an act or practice
vi-
7 olates this act; or
8
[(2) enjoin or obtain a restraining order against a packer
who
9 has violated, is violating or is
likely to violate sections 5 through
10 11, and amendments thereto.
11 [(b) A person
who suffers a loss as a result of a violation of
12 sections 5 through 11, and amendments
thereto, may bring an in-
13 dividual or a class action for the
damages caused by any violation
14 of sections 5 through 11, and amendment
thereto, together with
15 reasonable attorney fees.
16 [New Sec.
10. Every packer shall keep such accounts, records
17 and memoranda to fully and correctly
disclose all transactions in-
18 volved in such person's business,
including the true ownership of
19 such business by stockholders or
otherwise. Whenever the attor-
20 ney general finds that the accounts,
records and memoranda of
21 such person do not fully and correctly
disclose all transactions in-
22 volved in such person's business, the
attorney general may pre-
23 scribe the manner and form in which such
accounts, records and
24 memoranda shall be kept. Any such person
who fails to keep such
25 accounts, records and memoranda in the
manner and form pre-
26 scribed or approved by the attorney
general is guilty of a nonper-
27 son misdemeanor and shall be subject to
a fine of not more than
28 $5,000 or imprisoned not more than three
years, or both.
29 [New Sec.
11. The attorney general shall be responsible for
30 enforcement of this act and shall
promulgate such rules and reg-
31 ulations and make orders as may be
necessary to carry out the
32 provisions of sections 5 through 11, and
amendments thereto. The
33 attorney general, to carry out the
provisions of sections 5 through
34 11, and amendments thereto, may
cooperate with any state de-
35 partment, agency or any local
municipality and any department or
36 agency of the federal government and
state, territory, district or
37 possession or department or agency or
political subdivision thereof
38 or any person.
39 [New Sec.
12. The provisions of sections 12 through 18, and
40 amendments thereto, shall be known and
may be cited as the Kan-
41 sas agricultural production contract
fair practices act.
42 [New Sec.
13. As used in sections 12 through 18, and amend-
43 ments thereto: (a) ``Farm products''
shall have the meaning as-
9
1 cribed to such term under K.S.A.
84-9-109, and amendments
2 thereto;
3
[(b) ``integrator'' means a processor who contracts with a
pro-
4 ducer to grow or raise farm
products in this state;
5
[(c) ``person'' means any individual, partnership, association
or
6 corporation or any organized group
of persons, whether incorpo-
7 rated or not, or family farm
corporation, authorized farm corpo-
8 ration, limited liability
agricultural company, limited agricultural
9 partnership, family trust,
authorized trust or testamentary trust,
10 all as defined in K.S.A. 17-5903 and
amendments thereto, or an
11 agent or employee of such
person;
12
[(d) ``producer'' means a person who produces or causes to
be
13 produced farm products by contracting
with an integrator to pro-
14 vide management, labor, machinery,
facilities or any other pro-
15 duction input for the production of farm
products; and
16
[(e) ``processor'' means a person, which alone or in
conjunction
17 with others, directly or indirectly,
controls the manufacturing,
18 processing or preparation for sale of
farm products having a total
19 annual wholesale value of $20,000,000 or
more. Any person with
20 a 10% or greater interest in another
person involved in the man-
21 ufacturing, processing or preparation
for sale of farm products
22 having a total annual wholesale value of
$20,000,000 or more shall
23 also be considered a processor. The term
``processor'' shall not
24 include collective bargaining units or
farmer-owned cooperatives.
25 [New Sec.
14. (a) No integrator shall engage in any deceptive
26 act or practice as defined in sections
12 through 18, and amend-
27 ments thereto, in connection with any
agricultural production con-
28 tract involving farm products.
29 [(b) Deceptive
acts and practices, include, but are not limited
30 to the following, each of which is
declared to be a violation of
31 sections 12 through 18, and amendments
thereto:
32 [(1) Using
coercion, intimidation, the threat of retaliation or
33 the threat of contract termination,
cancellation or nonrenewal to
34 impose, demand, compel or dictate the
terms, payment or manner
35 of payment or the signing of a contract
by a producer;
36 [(2) using
coercion, intimidation, the threat of retaliation or
37 the threat of contract termination,
cancellation or nonrenewal in
38 order to require the producer to make
capital improvements such
39 as facilities or equipment;
40 [(3) for the
integrator to interfere with, restrain or coerce pro-
41 ducers in the exercise of their rights
to join, form and assist asso-
42 ciations of producers;
43 [(4) for an
integrator to refuse to provide to the producer upon
10
1 request the statistical
information and data used to determine
2 compensation paid to the producer
for settlement. This statistical
3 information and data includes, but
is not limited to, feed conver-
4 sion rates, feed analyses,
averages of other growers, origination
5 and breeder history;
6 [(5) for
the integrator to refuse to allow a producer or the pro-
7 ducer's designated representative
to observe, by actual observa-
8 tion at the time of weighing, the
weights and measures used to
9 determine the producer's
compensation at settlement; and
10 [(6) for an
integrator to use the performance of any other pro-
11 ducer to determine the settlement of a
producer.
12 [(c) Unfair
trade practices also include those practices prohib-
13 ited by the perishable agricultural
commodities act, 7 U.S.C. § §
14 499a-499s and the rules promulgated
thereunder at 7 C.F.R. part
15 46, and those practices prohibited by
the packers and stockyards
16 act, 7 U.S.C. § 181 et
seq., and the rules promulgated thereunder
17 at 7 C.F.R. part 201 et
seq., all as in effect on July 1, 2000.
18 [(d) If
federal and state regulation are identical, federal juris-
19 diction and enforcement control unless
the federal authority de-
20 cides not to enforce the
regulation.
21 [New Sec.
15. (a) In all contracts between integrators and pro-
22 ducers, there is an implied promise of
good faith as defined in
23 subsection (19) of K.S.A. 84-1-201, and
amendments thereto, by all
24 parties.
25 [(b) In all
contracts between integrators and producers, there
26 is an implied producer's right to refuse
any livestock when deliv-
27 ered if such livestock are in less than
normal condition.
28 [New Sec.
16. The integrator shall agree to meet and confer
29 with the producer or the producer's
authorized representative at
30 a time and place mutually agreeable to
the parties to discuss con-
31 cerns of the producer.
32 [New Sec.
17. (a) The attorney general or any county or dis-
33 trict attorney may bring an
action:
34 [(1) To obtain
a declaratory judgment that an act or practice
35 violates sections 12 through 18, and
amendments thereto;
36 [(2) to
enjoin, or to obtain a restraining order against an inte-
37 grator who has violated, is violating or
is otherwise likely to violate
38 sections 12 through 18, and amendments
thereto; or
39 [(3) to
recover damages on behalf of a producer by reason of
40 violations of sections 12 through 18,
and amendments thereto; and
41 [(4) to
recover reasonable expenses and investigation fees.
42 [(b) In lieu
of instigating or continuing an action or proceed-
43 ing, the attorney general may accept a
consent judgment with re-
11
1 spect to any act or practice
declared to be a violation of sections
2 12 through 18, and amendments
thereto. Such a consent judgment
3 shall provide for the
discontinuance by the integrator of any act
4 or practice declared to be a
violation of sections 12 through 18,
5 and amendments thereto, and it may
include a stipulation for the
6 payment by such integrator of
reasonable expenses and investi-
7 gation fees incurred by the
attorney general. Any consent judg-
8 ment entered into pursuant to this
section shall not be deemed to
9 admit the violation, unless it
does so by its terms. Before any con-
10 sent judgment entered into pursuant to
this section shall be effec-
11 tive, it must be approved by the
district court and an entry made
12 thereof in the manner required for
making an entry of judgment.
13 Once such approval is received, any
breach of the conditions of
14 such consent judgment shall be treated
as a violation of a court
15 order, and shall be subject to all the
penalties provided by law
16 therefor.
17 [(c) In any
action brought by the attorney general or the county
18 or district attorney, the court, without
requiring bond of the at-
19 torney general or the county or district
attorney may:
20 [(1) Make such
orders of judgments as may be necessary to
21 prevent the use or employment by an
integrator of any practices
22 declared to be a violation of sections
12 through 18, and amend-
23 ments thereto;
24 [(2) make such
orders or judgments as may be necessary to
25 compensate any producer for damages
sustained;
26 [(3) revoke
any license or certificate authorizing that integra-
27 tor to engage in business in this
state;
28 [(4) issue a
temporary restraining order or enjoin any integra-
29 tor from engaging in business in this
state;
30 [(5) award
reasonable expenses and investigation fees, civil
31 penalties and costs; and
32 [(6) grant
other appropriate relief.
33 [New Sec.
18. (a) Whether a producer seeks or is entitled to
34 damages or otherwise has an adequate
remedy at law or in equity,
35 a producer aggrieved by an alleged
violation of sections 12
36 through 18, and amendments thereto, may
bring an action to:
37 [(1) Obtain a
declaratory judgment that an act or practice vi-
38 olates sections 12 through 18, and
amendments thereto; or
39 [(2) enjoin or
obtain a restraining order against an integrator
40 who has violated, is violating or is
likely to violate sections 12
41 through 18, and amendments
thereto.
42 [(b) A
producer who suffers loss as a result of a violation of
43 sections 12 through 18, and amendments
thereto, may bring an
12
1 individual or a class action for
the damages caused by any violation
2 of sections 12 through 18, and
amendments thereto, together with
3 reasonable attorney fees.]
4 Sec.
5. [19.] K.S.A. 47-1001e and
47-1011 and K.S.A. 1999 Supp.
5 47-1001 and 47-1008 are hereby
repealed.
6 Sec.
6. [20.] This act shall take
effect and be in force from and after
7 its publication in the statute
book.
8