Session of 2000
By Committee on Agriculture

  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.
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


  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


  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


  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.