reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-609 Same; amendment or cancellation of registration, applications; procedures and requirements.

49-609.
Same; amendment or cancellation of registration, applications; procedures and requirements.
(a) An operator may at any time apply for amendment or cancellation of registration of any site. The application for amendment or cancellation of registration shall be submitted by the operator on a form provided by the director and shall identify as required under K.S.A. 49-607 the tract or tracts of land to be added to or removed from registration.
(b) If the application is for an increase in the area of a registered site, the application shall be processed in the same manner as an application for original registration.
(c) If the application is to cancel registration of any or all of the unmined part of a site, the director, after ascertaining that no overburden has been disturbed or deposited on the land, shall order release of the bond or the security posted on the land being removed from registration and cancel or amend the operator's written authorization to conduct surface mining on the site.
(d) Land where overburden has been disturbed or deposited shall substantially meet the criteria established by the reclamation plan submitted with the registration application before the land shall be removed from registration or released from bond or security under this section.
History:
L. 1994, ch. 197, § 9; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-610 Same; transfer of site control responsibility; application.

49-610.
Same; transfer of site control responsibility; application.
(a) If control of an active site or the right to conduct any future mining at an inactive site is acquired by an operator other than the operator holding authorization to conduct surface mining on the site, the new operator, within 15 days, shall apply for registration of the site in the new operator's name. The application shall be made and processed as provided under K.S.A. 49-607 and 49-608. The former operator's bond or security shall not be released until the new operator's bond or security has been accepted by the director.
(b) The director may establish procedures for transferring the responsibility for reclamation of a mine site to a state agency or political subdivision which intends to use the site for other purposes. The director, with agreement from the receiving agency or subdivision to complete adequate reclamation, may approve the transfer of responsibility, release the bond or security, and terminate or amend the operator's authorization to conduct surface mining on the site.
History:
L. 1994, ch. 197, § 10; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-611 Conduct and activities required after completion of mining operations; release of bond or security.

49-611. Conduct and activities required after completion of mining operations; release of bond or security.
(a) An operator authorized under this act to operate a mine, after completion of mining operations and within the time specified in K.S.A. 49-613, and amendments thereto, shall:
(1) Grade affected lands except for impoundments and pit floors to slopes no steeper than one foot vertical rise for each three feet of horizontal distance. Where the original topography of the affected land was steeper than one foot of vertical rise for each three feet of horizontal distance, the affected lands may be graded to blend with the surrounding terrain. The grading of high banks of sand pits and highwalls may be modified or exempted by the director.
(2) Provide for the vegetation of the affected lands, except for impoundments, pit floors and highwalls, as approved by the director before the release of the bond as provided in K.S.A. 49-616, and amendments thereto.
(b) Notwithstanding subsection (a), overburden piles where disposition has not occurred or will not occur for a period of 12 months shall be stabilized.
(c) Topsoil that is a part of overburden shall not be buried or destroyed in the process of mining.
(d) The director, with concurrence of the secretary, may grant a variance from the requirements of subsections (a) and (b).
(e) A bond or security posted under this act to assure reclamation of affected lands shall not be released until all reclamation work required by this section has been performed in accordance with the provisions of this act, except when a replacement bond or security is posted by a new operator or responsibility is transferred under K.S.A. 49-610, and amendments thereto.
History:
L. 1994, ch. 197, § 11; L. 2021, ch. 74, § 18; May 6.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-612 Same; periodic reports, contents; report after completion of mining operation.

49-612.
Same; periodic reports, contents; report after completion of mining operation.
(a) An operator shall file with the director a periodic report for each site under registration. The report shall make reference to the most recent registration of the mine site and shall show:
(1) The location and extent of all surface land area on the mine site affected by mining during the period covered by the report.
(2) The extent to which removal of mineral products from all or any part of the affected land has been completed.
(b) A report shall also be filed within 90 days after completion of all surface mining operations at the site regardless of the date of the last preceding report. Forms for the filing of periodic reports required by this section shall be provided by the director.
History:
L. 1994, ch. 197, § 12; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-613 Reclamation of affected lands, when; extensions; inspections; approval; release of bond or security.

49-613. Reclamation of affected lands, when; extensions; inspections; approval; release of bond or security.
(a) An operator shall reclaim affected lands within a period not to exceed three years after the filing of the report required under K.S.A. 49-612(b), and amendments thereto, indicating the mining of any part of a site has been completed.
(b) For certain postmining land uses, such as a sanitary land fill, the director, with the approval of the secretary, may allow an extended reclamation period.
(c) An operator, upon completion of any reclamation work required by K.S.A. 49-611, and amendments thereto, shall apply to the director in writing for approval of the work. The director, within a reasonable time, shall inspect the completed reclamation work. Upon determination by the director that the operator has satisfactorily completed all required reclamation work on the land included in the application, the director shall release the bond or security on the reclaimed land, shall remove the land from registration and shall terminate or amend, as necessary, the operator's authorization to conduct surface mining on the site.
(d) Periodic inspections may be conducted by the director or the director's designee to ensure that the operator is following the reclamation plan.
History:
L. 1994, ch. 197, § 13; L. 2021, ch. 74, § 19; May 6.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-614 Same; extension of time for reclamation of affected lands.

49-614.
Same; extension of time for reclamation of affected lands.
The time for completion of reclamation work may be extended upon presentation by the operator of evidence satisfactory to the director that reclamation of affected land cannot be completed within the time specified by K.S.A. 49-613 without unreasonably impeding removal of material products from other parts of an active site or future removal of material products from an inactive site.
History:
L. 1994, ch. 197, § 14; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-615 Same; bonds or other security; requirements; exceptions.

49-615.
Same; bonds or other security; requirements; exceptions.
(a) A bond filed with the director by an operator pursuant to this act shall be in a form prescribed by the director, payable to the state of Kansas, and conditioned upon faithful performance by the operator of all requirements of this act and all rules and regulations adopted by the director pursuant to this act. The bond shall be signed by the operator as principal and by a corporate surety licensed to do business in Kansas as surety. In lieu of a bond, the operator may deposit cash, certificates of deposit or government securities with the director on the same conditions as prescribed by this section for filing of bonds.
(b) The amount of the bond or other security required to be filed with each application for registration of a surface mining site, or to increase the area of affected land previously registered as required under K.S.A. 49-609, shall be a minimum of $250 per acre and shall not exceed a maximum of $1,500 per acre.
(c) Any political subdivision of the state of Kansas which engages or intends to engage in surface mining shall meet all requirements of this act except the subdivision shall not be required to post bond or security on registered land.
(d) The director may waive or reduce the amount of the bond or security required under this act to the extent that the director determines that the operator has sufficient bond or security on file with the city or county where the site or affected land is located.
History:
L. 1994, ch. 197, § 15; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-616 Same; single bond for multiple sites.

49-616.
Same; single bond for multiple sites.
Any operator who registers with the director two or more surface mining sites may elect, at the time the second or any subsequent site is registered, to post a single bond in lieu of separate bonds on each site. The amount of a single bond on two or more surface mining sites may be increased or decreased from time to time in accordance with K.S.A. 49-609, 49-613 and 49-615. When an operator elects to post a single bond in lieu of separate bonds previously posted on individual sites, the separate bonds shall not be released until the new bond has been accepted by the director.
History:
L. 1994, ch. 197, § 16; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-617 Same; cancellation of bonds by surety prohibited; substitute bond required, when.

49-617.
Same; cancellation of bonds by surety prohibited; substitute bond required, when.
No bond filed with the director by an operator pursuant to this act may be canceled by the surety without at least 90 days' notice to the director. If the license to do business in Kansas of any surety of a bond filed with the director is suspended or revoked, the operator, within 90 days after receiving notice thereof from the director, shall substitute for the surety a corporate surety licensed to do business in Kansas. Upon failure of the operator to make substitution of surety as herein provided, the director shall have the right to suspend the operator's authorization to conduct surface mining on the site or sites covered by the bond until substitution has been made. The Kansas commissioner of insurance shall notify the director whenever the license of any surety to do business in Kansas is suspended or revoked.
History:
L. 1994, ch. 197, § 17; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-618 Inspections by director of sites; notice of violations; corrective measures.

49-618. Inspections by director of sites; notice of violations; corrective measures.
(a) The director or the director's designee, when accompanied by the operator or operator's designee during regular business hours, may inspect any lands on which any operator is authorized to operate a mine for the purpose of determining whether the operator is or has been complying with the provisions of this act.
(b) The director shall give written notice to any operator who violates any of the provisions of this act or any rules and regulations adopted by the director pursuant to this act.
(c) If corrective measures approved by the director are not commenced within 90 days, the secretary shall, at the request of the director, issue a written order stating the nature of the violation, the penalty to be imposed and the right of the person to appeal to the secretary pursuant to K.S.A. 49-621, and amendments thereto.
History:
L. 1994, ch. 197, § 18; L. 2021, ch. 74, § 20; May 6.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-619 Same; violation hearings, conduct; bond forfeiture proceedings; duties of attorney general.

49-619.
Same; violation hearings, conduct; bond forfeiture proceedings; duties of attorney general.
Upon receipt of the referral, the commission shall schedule a hearing on the violation by the operator within 30 days after the date of receipt. The commission, upon written request, shall afford the operator the right to appear before the commission at the hearing. The operator shall have the right to counsel, and may produce witnesses and present statements, documents and other information with respect to the alleged violation. If the commission determines that the operator is in violation of this act or of any rule and regulation adopted by the director pursuant to this act, the commission shall request the attorney general to institute bond forfeiture proceedings.
History:
L. 1994, ch. 197, § 19; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-620 Bond forfeiture proceedings; satisfaction of operator obligation to reclaim affected lands; use of proceeds to reclaim affected lands.

49-620. Bond forfeiture proceedings; satisfaction of operator obligation to reclaim affected lands; use of proceeds to reclaim affected lands.
Once an order issued pursuant to this act becomes a final order, the secretary, upon request of the director, shall institute proceedings for forfeiture of the bond posted by an operator to guarantee reclamation of a site where the operator is in violation of any of the provisions of this act or any rule and regulation adopted by the director pursuant to this act. Forfeiture of the operator's bond shall fully satisfy all obligations of the operator to reclaim affected land covered by the bond. The director shall have the power to reclaim, as required by K.S.A. 49-611, and amendments thereto, any surface mined land with respect to which a bond has been forfeited, using the proceeds of the forfeiture to pay for the necessary reclamation work.
History:
L. 1994, ch. 197, § 20; L. 2021, ch. 74, § 21; May 6.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-621 Civil penalties; amount; procedures.

49-621. Civil penalties; amount; procedures.
(a) The secretary, upon finding that the operator has failed to comply with any provision of this act, any provision of a reclamation plan or any condition of a license or site registration with which the operator is required to comply pursuant to this act, may impose upon the operator a civil penalty not exceeding $1,000 for each day of noncompliance.
(b) All civil penalties assessed pursuant to this section shall be due and payable within 35 days after written notice of the imposition of a civil penalty has been served upon whom the penalty is being imposed, unless a longer period of time is granted by the secretary or unless the operator appeals the assessment as provided in this section.
(c) No civil penalty shall be imposed under this section except upon the written order of the secretary or the secretary's designee to the operator upon whom the penalty is to be imposed, stating the nature of the violation, the penalty imposed and the right of the operator upon whom the penalty is imposed to appeal to the director for a hearing on the matter. An operator upon whom a civil penalty has been imposed may appeal, within 15 days after service of the order imposing the civil penalty, to the secretary. If appealed, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act. The decision of the secretary shall be final unless review is sought under subsection (d).
(d) Any action of the secretary pursuant to this section is subject to review in accordance with the Kansas judicial review act.
History:
L. 1994, ch. 197, § 21; L. 2010, ch. 17, § 96; L. 2021, ch. 74, § 22; May 6.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-622 Same; land reclamation fund established; deposits and expenditures.

49-622.
Same; land reclamation fund established; deposits and expenditures.
(a) There is hereby created within the state treasury the land reclamation fund.
(b) The director shall remit all moneys collected from fees and civil penalties imposed pursuant to this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the land reclamation fund.
(c) All costs of administering the provisions of this act shall be paid from moneys credited or transferred to the land reclamation fund pursuant to this section. Expenditures from the fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the director.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the land reclamation fund interest earnings based on:
(1) The average daily balance of moneys in the land reclamation fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding month.
History:
L. 1994, ch. 197, § 22; L. 1996, ch. 253, § 8; L. 2001, ch. 5, § 187; July 1.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-623 Rules and regulations; fee amount determination.

49-623. Rules and regulations; fee amount determination.
(a) The secretary, with the approval of the commission, shall adopt such rules and regulations as necessary to administer and enforce the provisions of this act.
(b) The director shall determine annually the amount necessary to carry out and enforce the provisions of this act for the next ensuing fiscal year and shall recommend to the secretary such license renewal, registration application, registration and registration renewal fees as the director determines necessary for that purpose. The director shall adopt such fees by rules and regulations.
(c) Before the director submits any such proposed rules and regulations to the director of the budget, the secretary of administration and the attorney general in accordance with the rules and regulations filing act, K.S.A. 77-415 et seq., and amendments thereto:
(1) The director shall submit such rules and regulations to the commission; and
(2) the commission shall review and make recommendations to the director and the secretary regarding such proposed rules and regulations.
(d) Fees for license renewal, registration and registration renewal shall be based on an operator's acres of affected land or the tonnage of materials extracted by the operator during the preceding license year, or a combination thereof.
(e) Political subdivisions of the state shall be exempt from all fees imposed under this act.
History:
L. 1994, ch. 197, § 23; L. 2021, ch. 74, § 23; May 6.
2023 Kansas Statutes › Chapter 49 - Mines And Mining › Article 6 - Surface-mining Land Conservation And Reclamation › 49-624 Same; legal services.

49-624.
Same; legal services.
The commission may request from the attorney general such legal services as necessary to enforce and administer this act. The commission may employ such other attorneys as necessary for such purpose, but all expenses of employing such attorneys shall be paid from the land reclamation fund.
History:
L. 1994, ch. 197, § 24; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-101 Trusts defined and declared unlawful and void.

50-101. Trusts defined and declared unlawful and void.
Except as provided in K.S.A. 2023 Supp. 50-163, and amendments thereto, a trust is a combination of capital, skill, or acts, by two or more persons, for either, any or all of the following purposes:
First. To create or carry out restrictions in trade or 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, transportation, sale or purchase of merchandise, produce or commodities.
Fourth. To fix any standard or figure, whereby 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 such person shall: (a) Bind or have to bind themselves not to sell, manufacture, dispose of or transport any article or commodity, or article of trade, use, merchandise, commerce or consumption below a common standard figure;
(b) agree in any manner to keep the price of such article, commodity or transportation at a fixed or graded figure;
(c) in any manner establish or settle the price of any article or commodity or transportation between them or themselves and others to preclude a free and unrestricted competition among themselves or others in transportation, sale or manufacture of any such article or commodity; or
(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 such person's price in any manner is affected. Any such combinations are hereby declared to be against public policy, unlawful and void.
History:
L. 1897, ch. 265, § 1; R.S. 1923, 50-101; L. 2000, ch. 136, § 4; L. 2013, ch. 102, § 2; April 18.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-102 Denial of right to form or be interested in any trust.

50-102.
Denial of right to form or be interested in any trust.
All persons within this state are hereby denied 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.
History:
L. 1897, ch. 265, § 2; R.S. 1923, 50-102; L. 2000, ch. 136, § 5; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-103 Powers and duties of attorney general; civil penalties; other actions for violation of restraint of trade act.

50-103.
Powers and duties of attorney general; civil penalties; other actions for violation of restraint of trade act.
(a) The attorney general may bring an action:
(1) To obtain a declaratory judgment that an act or practice violates this act;
(2) to obtain a temporary restraining order prohibiting violations of this act;
(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 existence of any corporation holding a charter under the laws of the state of Kansas;
(7) to enjoin any person, within or without this state, which has violated or is violating this act, and their officers, agents, representatives or consignees, from doing business within this state, either directly or indirectly;
(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 provisions 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.
History:
L. 1897, ch. 265, § 3; R.S. 1923, 50-103; L. 2000, ch. 136, § 6; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-109 Enforcement of act; powers and duties of attorney general.

50-109.
Enforcement of act; powers and duties of attorney general.
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 statutes;
(c) maintain a public file of final judgments rendered under this act that have been either reported officially or made available for public dissemination 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 enforcement 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.
History:
L. 1897, ch. 265, § 9; R.S. 1923, 50-109; L. 2000, ch. 136, § 8; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-110 Jurisdiction of district courts; venue.

50-110.
Jurisdiction of district courts; venue.
(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 county.
History:
L. 1897, ch. 265, § 10; R.S. 1923, 50-110; L. 2000, ch. 136, § 9; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-112 Trusts, combinations and agreements in restraint of trade and free competition declared unlawful.

50-112. Trusts, combinations and agreements in restraint of trade and free competition declared unlawful.
Except as provided in K.S.A. 2023 Supp. 50-163, and amendments thereto, all arrangements, contracts, agreements, trusts, or combinations between persons 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 attorney or doctor fees, and all arrangements, contracts, agreements, trusts or combinations between persons, 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.
History:
L. 1889, ch. 257, § 1; R.S. 1923, 50-112; L. 2000, ch. 136, § 10; L. 2013, ch. 102, § 3; April 18.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-113 Trust certificates; creation of trusts.

50-113.
Trust certificates; creation of trusts.
It shall be 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, 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 product 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.
History:
L. 1889, ch. 257, § 2; R.S. 1923, 50-113; L. 2000, ch. 136, § 11; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-116 Pleading in bar or abatement of civil action that plaintiff is member or agent of unlawful combination.

50-116.
Pleading in bar or abatement of civil action that plaintiff is member or agent of unlawful combination.
When an action at law or suit in equity shall be commenced in any court of this state, it shall be lawful in the defense thereof to plead in bar or in abatement that the plaintiff or any other person interested in the prosecution of the case is a member or agent of an unlawful combination as described in K.S.A. 50-112 and 50-113, or that the cause of action grows out of such combination, or out of some business or transaction thereof.
History:
L. 1889, ch. 257, § 5; March 9; R.S. 1923, 50-116.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-117 Transactions by nonresident; subject to provisions of act.

50-117.
Transactions by nonresident; subject to provisions of act.
The purchase, sale or manufacture of any goods, wares, merchandise or other commodities in this state by any person who has entered into any such arrangements, contracts, agreements, trusts or combinations 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, committee, or in any capacity whatever, shall constitute a violation of this act, and shall subject the offender to the liabilities and penalties as provided by this act.
History:
L. 1889, ch. 257, § 6; R.S. 1923, 50-117; L. 2000, ch. 136, § 13; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-131 Agreements or combinations by which shipper is defrauded out of portion of net weight; violation of restraint of trade act.

50-131.
Agreements or combinations by which shipper is defrauded out of portion of net weight; violation of restraint of trade act.
No person doing business in Kansas shall make any agreement, expressed or implied, or by any understanding or combination with any person, within or without the state, by which any shipper of seeds, grains, hay or livestock is defrauded 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 violation of this act.
History:
L. 1899, ch. 293, § 1; R.S. 1923, 50-131; L. 2000, ch. 136, § 14; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-132 Conspiring to monopolize line of business or to prevent producer or local buyer from shipping without agency of third person.

50-132.
Conspiring to monopolize line of business or to prevent producer or local buyer from shipping without agency of third person.
No person, servant, agent or employee of any person doing business within the state of Kansas shall conspire or combine with any other persons, 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.
History:
L. 1899, ch. 293, § 2; R.S. 1923, 50-132; L. 2000, ch. 136, § 15; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-133 Agreements or combinations for shipments under warehouse control; violation of restraint of trade act.

50-133.
Agreements or combinations for shipments under warehouse control; violation of restraint of trade act.
No person, as agent or employee of any person, 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 warehouseman or agent as a condition precedent to the marketing of such grain. All such agreements shall be deemed and are hereby declared unlawful and in violation of this act.
History:
L. 1899, ch. 293, § 3; R.S. 1923, 50-133; L. 2000, ch. 136, § 16; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-136 Commodities; grain dealers; agreement or contract to pool or fix price.

50-136.
Commodities; grain dealers; agreement or contract to pool or fix price.
It shall be unlawful for any grain dealer or grain dealers or any other person or persons, to enter into any agreement, contract or combination with any other grain dealer or grain dealers or any other person or persons, for the pooling of prices of different and competing dealers and buyers, or to divide between 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 or any other person or persons, shall pay for grain, hogs, cattle, or stock of any kind or nature whatever. In case of any agreement, contract or combination of such pooling of prices of different and competing dealers and buyers, or to divide between 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 or any other person or persons, shall pay for grain, hogs, cattle, or stock of any kind or nature whatever, each day of its continuance shall be deemed a separate offense.
History:
L. 1887, ch. 175, § 1; R.S. 1923, 50-136; L. 2000, ch. 136, § 17; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-137 Same; damages to persons injured by such actions.

50-137.
Same; damages to persons injured by such actions.
In case any grain dealer or dealers or any person or persons 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 or any other person or persons 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 reasonable attorney fees, to be fixed by the court in every case of recovery, which attorney fees shall be taxed and collected as a part of the costs in the case.
History:
L. 1887, ch. 175, § 2; R.S. 1923, 50-137; L. 2000, ch. 136, § 18; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-139 Actions brought under act; brought pursuant to chapter 60.

50-139.
Actions brought under act; brought pursuant to chapter 60.
All actions brought to enforce this act shall be brought pursuant to chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
History:
L. 1907, ch. 259, § 1; R.S. 1923, 50-139; L. 2000, ch. 136, § 19; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-147 Rights and remedies cumulative.

50-147.
Rights and remedies cumulative.
The rights and remedies given by this act shall be construed as cumulative of all other laws in force in this state, and shall not affect, change or repeal any other remedies or rights now existing in this state for the enforcement, payment or collection of fines, penalties and forfeitures.
History:
L. 1909, ch. 261, § 3; April 2; R.S. 1923, 50-147.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-148 Trade and person defined.

50-148.
Trade and person defined.
As used in this act: (a) "Trade" means the business of buying or selling any commodity of general use within the state; and
(b) "person" or "persons" includes individuals, corporations, limited liability companies, general partnerships, 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. 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.
History:
L. 1915, ch. 368, § 1; R.S. 1923, 50-148; L. 2000, ch. 136, § 20; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-149 Unfair discriminations.

50-149.
Unfair discriminations.
Any person, foreign or domestic, doing business in the state of Kansas, and engaged in the production, manufacture, distribution, sale or purchase of any commodity in general use, that shall intentionally for the purpose of destroying competition, discriminate between 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 in violation with the provisions of this act.
History:
L. 1915, ch. 368, § 2; R.S. 1923, 50-149; L. 2000, ch. 136, § 21; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-153 Attorney general powers and duties; enforcement of act.

50-153.
Attorney general powers and duties; enforcement of act.
(a) Whenever the attorney general has reason 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 annual gross sales of such business entities involved exceed $500,000,000, will substantially lessen competition or tend to create a monopoly in violation 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 officials 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 petition 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 testimony 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 corporation created by or under the laws of this state or revoking or suspending the certificate of authority to do business in this state of a foreign corporation or revoking or suspending any other licenses, permits or certificates 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.
History:
L. 1919, ch. 316, § 1; R.S. 1923, 50-153; L. 1973, ch. 134, § 45; L. 2000, ch. 136, § 22; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-157 Acts done under certain federal laws, codes or regulations.

50-157.
Acts done under certain federal laws, codes or regulations.
In any 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 provisions 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.
History:
L. 1933, ch. 78, § 1 (Special Session); L. 2000, ch. 136, § 23; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-158 Citation of act.

50-158. Citation of act.
The provisions of K.S.A. 50-101 through 50-162 and K.S.A. 2023 Supp. 50-163, and amendments thereto, may be cited as the Kansas restraint of trade act.
History:
L. 2000, ch. 136, § 1; L. 2013, ch. 102, § 4; April 18.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-159 Same; powers and duties of the attorney general.

50-159.
Same; powers and duties of the attorney general.
The attorney general may conduct research, hold public hearings, make inquiries and publish studies relating to antitrust, monopolies, combinations and other subjects relating to restraint of trade.
History:
L. 2000, ch. 136, § 2; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-160 Same; penalties.

50-160.
Same; penalties.
(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 violation 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.
History:
L. 2000, ch. 136, § 3; July 1.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-161 Damages for violation of act; procedure.

50-161. Damages for violation of act; procedure.
(a) As used in this section, the term "person" means any individual, corporation, partnership, firm, company or other association 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 the Kansas restraint of trade act 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 the Kansas restraint of trade act, regardless of whether such injured person dealt directly or indirectly with the defendant. The plaintiff 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 actual damages sustained. In addition, any person who is threatened with injury or additional injury by reason of any person's violation of the Kansas restraint of trade act may commence an action in such district court to enjoin any such violation, 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 by law.
History:
L. 2000, ch. 136, § 24; L. 2013, ch. 102, § 5; April 18.
2023 Kansas Statutes › Chapter 50 - Unfair Trade And Consumer Protection › Article 1 - Restraint Of Trade › 50-162 Same; attorney general to bring action; when.

50-162.
Same; attorney general to bring action; when.
Whenever it appears to the attorney general that the state of Kansas or any city, town, political subdivision or other governmental 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 actions, as to entitle the state of Kansas, a city, a town, or political subdivision, 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 attorney 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 authority 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 authority in such actions or proceedings.
History:
L. 2000, ch. 136, § 25; July 1.