CHAPTER 110
SENATE BILL No. 64*
An Act concerning tobacco; relating to the master
settlement agreement;
appeal bonds in certain litigation.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) The appeal bond that
an appellant in civil litigation
under any legal theory, involving a signatory or a successor to a
signatory
of the master settlement agreement, as defined in K.S.A. 2002 Supp.
50-
6a02, and amendments thereto, may be required to post to stay
execution
on a judgment during an appeal or discretionary review shall be set
in
accordance with existing law and court rules, except that in no
case shall
an appeal bond exceed $25,000,000, regardless of the total value of
the
judgment.
(b) If it is proved by a preponderance of
the evidence that the ap-
pellant for whom the bond has been limited pursuant to this section
is
intentionally dissipating or diverting assets outside of the
ordinary course
of its business for the purpose of avoiding payment of the
judgment, the
court shall enter such orders as are necessary to prevent the
dissipation
or diversion of assets.
Sec. 2. This act shall take effect
and be in force from and after its
publication in the Kansas register.
Approved April 21, 2003.
Published in the Kansas Register May 1, 2003.
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