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
(2) to obtain a temporary restraining order prohibiting violations of
(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
(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-
(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
(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
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
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
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
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
(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.