Session of 2000
SENATE BILL No. 587
By Committee on Agriculture
2-7
9 AN ACT
concerning the office of the attorney general; relating to
anti-
10 trust; amending K.S.A.
50-153 and 75-716 and repealing the existing
11 sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section
1. K.S.A. 50-153 is hereby amended to read as follows: 50-
15 153. Whenever the attorney general
or assistant attorney general shall
16 have knowledge of any violation of
any of the provisions of any of the laws
17 of the state of Kansas relating to
trusts, monopolies, combinations in re-
18 straint of trade, unlawful
discrimination, unfair trade or the unlawful buy-
19 ing, selling and dealing in
commodities without the intention of delivering
20 the same, the attorney general may
for the purpose of investigating and
21 inquiring into such violations
issue subpoenas for such persons as he or
22 she shall believe to have any
information or knowledge of any such vio-
23 lation to appear before him or her
at any time and place within the state
24 of Kansas to be designated in the
subpoena, then and there to testify
25 concerning any violation of any of
the provisions of said laws; or said
26 attorney general or assistant
attorney general may file with the judge of
27 a court of competent jurisdiction a
written statement, signed by said at-
28 torney general or assistant
attorney general, alleging any violations of any
29 of said laws, and such judge shall
then, at the request of the said attorney
30 general or assistant attorney
general, issue subpoenas for witnesses, com-
31 manding such witnesses to be and
appear before such judge at the time
32 designated in such subpoena to
testify concerning any violation of the
33 provisions of said
laws.
34 Such subpoenas
may direct witnesses to bring with them any papers,
35 documents and books that may be
considered material, and may be served
36 by any person and shall be served
and returned to said attorney general,
37 assistant attorney general or
judge, as the case may be, in the same man-
38 ner that subpoenas are served and
returned under the code of civil pro-
39 cedure; but said subpoenas may be
returned by mail to the attorney gen-
40 eral or assistant attorney general
when served in a county other than that
41 in which the same is returnable.
Each witness shall be sworn to make
42 true answers to all questions put
to him or her touching the matter under
43 investigation and the testimony of
each witness may be reduced to writing
2
1 and when reduced to writing
shall be signed by the witness. The attorney
2 general or assistant attorney
general or judge shall be empowered to ad-
3 minister oaths and
affirmations to such witnesses.
4 Any
disobedience to the subpoena of the attorney general or
assistant
5 attorney general or any
refusal to be sworn as a witness or to sign the
6 testimony given or to answer
any proper question propounded by the
7 attorney general or assistant
attorney general, in any such inquiry before
8 said attorney general or
assistant attorney general, shall be a misdemeanor
9 and shall be punished by a
fine of not more than three hundred dollars
10 ($300) or by imprisonment in the
county jail for not more than ninety
11 (90) days or by both such fine and
imprisonment.
12 Adjournments
of any such inquiries may be made from time to time
13 and such judges may punish any
witness for contempt for or on account
14 of any refusal to be sworn or to
answer questions as a witness or to sign
15 his or her testimony; and the
attendance of witnesses may be compelled
16 by attachment by such
judge. (a) If, by the attorney general's own
in-
17 quiries or as a result of complaints,
the attorney general has reason to
18 believe that a person or entity has
engaged in, is engaging in or is about
19 to engage in an act or practice that
violates any federal or state antitrust
20 law or laws relating to trusts,
monopolies, mergers, acquisitions, combi-
21 nations in restraint of trade, unlawful
discrimination, unfair trade or the
22 unlawful buying, selling or dealing in
commodities without the intention
23 of delivering the same, the attorney
general, or any deputy attorney gen-
24 eral or assistant attorney general, may
administer oaths and affirmations,
25 subpoena witnesses or matter and collect
evidence.
26 (b) If matter
that the attorney general subpoenas is located outside
27 this state, the person or entity
subpoenaed may either make it available
28 to the attorney general at a convenient
location within the state or pay
29 the reasonable and necessary expenses
for the attorney general or the
30 attorney general's representative to
examine the matter at the place where
31 it is located. The attorney general may
designate representatives, includ-
32 ing officials of the state in which the
matter is located, to inspect the matter
33 on the attorney general's behalf, and
the attorney general may respond
34 to similar requests from officials of
other states.
35 (c) Service by
the attorney general of any notice requiring a person
36 or entity to file a statement or report,
or of a subpoena upon any person
37 or entity, shall be made:
38 (1) By the
mailing thereof by certified mail to the last known place
of
39 business, residence or abode within or
without this state; or
40 (2) in the
manner provided in the code of civil procedure as if a pe-
41 tition had been filed.
42 (d) The
attorney general may request that an individual who refuses
43 to comply with a subpoena, on the ground
that testimony or matter may
3
1 incriminate the individual, be
ordered by the court to provide the testi-
2 mony or matter. Except in a
prosecution for perjury, an individual who
3 complies with a court order to
provide testimony or matter after asserting
4 a privilege against
self-incrimination to which the individual is entitled
5 by law, may not be subjected to a
criminal proceeding or to a civil penalty
6 to the transaction concerning
which the individual is required to testify
7 or produce relevant
matter.
8 (e) If
any person or entity willfully fails or refuses to file any
statement
9 or report required by this
section, or to obey any subpoena issued by the
10 attorney general, the attorney general,
after notice, may apply to the dis-
11 trict court and, after a hearing
thereon, the district court may issue an
12 order:
13 (1) Granting
injunctive relief restraining the person or entity from
14 conducting business in the state of
Kansas;
15 (2) vacating,
annulling or suspending the corporate charter of a cor-
16 poration created by or under the laws of
this state or revoking or sus-
17 pending the certificate of authority to
do business in this state of a foreign
18 corporation or revoking or suspending
any other licenses, permits or cer-
19 tificates issued pursuant to law to the
person or entity which are used to
20 further the allegedly unlawful
practice;
21 (3) assessing
a civil penalty of up to $5,000 for each day of noncom-
22 pliance, until the person or entity
files the statement or report, or obeys
23 the subpoena; and
24 (4) granting
such other relief as may be required, until the person or
25 entity files the statement or report, or
obeys the subpoena.
26 Sec.
2. K.S.A. 75-716 is hereby amended to read as follows:
75-716.
27 (a) Except as otherwise
provided by law, any moneys in the attorney
28 general's antitrust special revenue fund
shall be disbursed by the director
29 of accounts and reports in the manner
provided by law, upon order of
30 the attorney general, for the payment of
any expense incurred by the
31 attorney general in the prosecution of
antitrust actions. Such expenses
32 shall include, but not be limited to,
professional and witness fees, depo-
33 sition costs, investigation, travel and
subsistence, or any other expense
34 reasonably related to enforcement of such
laws, whether incurred pur-
35 suant to the recovery of money or
enforcement through other civil or
36 criminal remedies.
37 (b) On
each June 30, the attorney general shall determine the
amount
38 of moneys credited to the attorney
general's antitrust special revenue fund
39 which is in excess of the amount
authorized by the legislature to be ex-
40 pended from such fund for the
ensuing fiscal year and shall certify such
41 amount to the director of accounts
and reports. Upon receipt of such
42 certification, the director of
accounts and reports shall transfer the
43 amount certified from the attorney
general's antitrust special revenue
4
1 fund to the state general
fund.
2 Sec. 3. K.S.A. 50-153 and
75-716 are hereby repealed.
3 Sec. 4. This act
shall take effect and be in force from and after its
4 publication in the statute book.