Session of 2000
By Committee on Agriculture

10             AN  ACT concerning livestock; relating to ownership of such livestock.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. As used in this act:
14             (a) "Animal unit" means a unit of measurement calculated by adding
15       the following numbers: The number of beef cattle weighing more than
16       700 pounds multiplied by 1.0; plus the number of cattle weighing less
17       than 700 pounds multiplied by 0.5; plus the number of swine weighing
18       more than 55 pounds multiplied by 0.4; plus the number of swine weigh-
19       ing 55 pounds or less multiplied by 0.1.
20             (b) "Livestock" means live cattle or swine.
21             (c) "Packer" means a person or agent of such person, engaged in the
22       business of slaughtering livestock in Kansas in excess of 1,000,000 animal
23       units per year.
24             (d) "Person" shall include individuals, firms, trusts, partnerships, lim-
25       ited liability companies, corporations and associations.
26             Sec.  2. (a) (1) Except as provided further, it shall be unlawful for a
27       packer to directly or indirectly be engaged in the ownership of livestock
28       for the production of livestock or livestock products, other than temporary
29       ownership for no more than 10 days prior to slaughter.
30             (2) Livestock owned by the packer on the effective date of this act
31       shall be sold or slaughtered on or before January 1, 2003.
32             (b)  (1) It shall be unlawful for a packer to enter into a contract to
33       purchase cattle for slaughter using a formula or grid pricing mechanism
34       if the packer fails to negotiate a base price prior to the livestock being
35       committed or scheduled for slaughter.
36             (2) Any contract to purchase livestock for slaughter that is in violation
37       of this section is voidable by the seller.
38             (c) The provisions of this section shall not apply to persons entering
39       into a marketing contract pursuant to K.S.A. 17-1616, and amendments
40       thereto.
41             (d) Any packer acting in violation of this section shall be guilty of a
42       class A, nonperson misdemeanor, and in addition to any term of impris-
43       onment, shall be fined $500 per violation.


  1             Sec.  3. Any person who suffers a financial loss as a result of a violation
  2       of this act may bring a civil action against any packer to recover treble
  3       damages sustained by reason of such violation.
  4             Sec.  4. (a) Whenever the attorney general or a county or district at-
  5       torney has reason to believe that a packer is violating subsection (a) of
  6       section 2, and amendments thereto, such attorney shall commence an
  7       action in district court to enjoin the livestock operation.
  8             (b) The court, upon making a determination that such packer is in
  9       violation of subsection (a) of section 2, and amendments thereto, shall
10       order such livestock to be sold and shall assess the packer a fine of not
11       less than $1,000 for each day of violation.
12             (c) The proceeds from any livestock ordered to be sold pursuant to
13       subsection (b) shall not be distributed until all fines and costs associated
14       with such action have been paid. If the attorney general prosecuted such
15       violation, recovered costs, including but not limited to attorney fees, shall
16       be credited to the attorney general's antitrust special revenue fund. If the
17       county or district attorney prosecuted such violation, recovered costs,
18       including but not limited to attorney fees, shall be credited to the county
19       general fund.
20             Sec.  5. (a) In order to enforce the provisions of this act, the attorney
21       general shall have the investigative authority to administer oaths and af-
22       firmations, subpoena witnesses or matter and collect evidence prior to
23       filing suit.
24             (b) The attorney general shall have the power and authority to enter
25       into reciprocal agreements with other states for the exchange of infor-
26       mation on a cooperative basis which may assist in the proper administra-
27       tion of this act.
28        Sec.  6. This act shall take effect and be in force from and after its
29       publication in the statute book.