Kansas Statutes

Chapter 50: Unfair Trade And Consumer Protection

Article 1: Restraint Of Trade

Statutes:

• 50-101: Trusts defined and declared unlawful and void.
• 50-102: Denial of right to form or be interested in any trust.
• 50-103: Powers and duties of attorney general; civil penalties; other actions for violation of restraint of trade act.
• 50-104:
• 50-105:
• 50-106:
• 50-107:
• 50-108: Recovery of damages and attorney fee by person injured; exception.
• 50-109: Enforcement of act; powers and duties of attorney general.
• 50-110: Jurisdiction of district courts; venue.
• 50-111:
• 50-112: Trusts, combinations and agreements in restraint of trade and free competition declared unlawful.
• 50-113: Trust certificates; creation of trusts.
• 50-114:
• 50-115: Recovery of damages by person injured by combination; exception.
• 50-116: Pleading in bar or abatement of civil action that plaintiff is member or agent of unlawful combination.
• 50-117: Transactions by nonresident; subject to provisions of act.
• 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: Agreements or combinations by which shipper is defrauded out of portion of net weight; violation of restraint of trade act.
• 50-132: Conspiring to monopolize line of business or to prevent producer or local buyer from shipping without agency of third person.
• 50-133: Agreements or combinations for shipments under warehouse control; violation of restraint of trade act.
• 50-134:
• 50-135:
• 50-136: Commodities; grain dealers; agreement or contract to pool or fix price.
• 50-137: Same; damages to persons injured by such actions.
• 50-138:
• 50-139: Actions brought under act; brought pursuant to chapter 60.
• 50-140 to 50-144:
• 50-145:
• 50-146:
• 50-147: Rights and remedies cumulative.
• 50-148: Trade and person defined.
• 50-149: Unfair discriminations.
• 50-150 to 50-152:
• 50-153: Attorney general powers and duties; enforcement of act.
• 50-154 to 50-156:
• 50-157: Acts done under certain federal laws, codes or regulations.
• 50-158: Kansas restraint of trade act.
• 50-159: Same; powers and duties of the attorney general.
• 50-160: Same; penalties.
• 50-161: Same; damages for violation of act; procedure.
• 50-162: Same; attorney general to bring action; when.
• 50-163 to 50-199: Reserved.
• 50-1,100: Kansas discount card act; definitions.
• 50-1,101: Same; unlawful acts; promotion or sale of discount card by supplier; conditions on; registration of supplier; financial responsibility.
• 50-1,102:
• 50-1,103: Same; resident agent; registration requirement.
• 50-1,104: Same; severability.
• 50-1,105: Same; citation; supplemental to Kansas consumer protection act; remedies.

• 50-101: Trusts defined and declared unlawful and void. 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 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, transportation, sale or purchase of merchandise, produce or commodities, or to prevent competition in aids to commerce.

        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; July 1.

• 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.

• 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.

• 50-104:

        History:   L. 1897, ch. 265, § 4; R.S. 1923, 50-104; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-105:

        History:   L. 1897, ch. 265, § 5; R.S. 1923, 50-105; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-106:

        History:   L. 1897, ch. 265, § 6; R.S. 1923, 50-106; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-107:

        History:   L. 1897, ch. 265, § 7; R.S. 1923, 50-107; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-108: Recovery of damages and attorney fee by person injured; exception. Except as provided in K.S.A. 12-205, and amendments thereto, any person 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 operating such trust or combination, such damages sustained, together with reasonable attorney fees.

        History:   L. 1897, ch. 265, § 8; R.S. 1923, 50-108; L. 1985, ch. 181, § 2; L. 2000, ch. 136, § 7; July 1.

• 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.

• 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.

• 50-111:

        History:   L. 1897, ch. 265, § 11; R.S. 1923, 50-111; Repealed, L. 1951, ch. 325, § 1; June 30.

• 50-112: Trusts, combinations and agreements in restraint of trade and free competition declared unlawful. 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; July 1.

• 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.

• 50-114:

        History:   L. 1889, ch. 257, § 3; R.S. 1923, 50-114; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-115: Recovery of damages by person injured by combination; exception. Except as provided in K.S.A. 12-205, and amendments thereto, any person 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 competent jurisdiction in this state, of any person, the full consideration or sum paid by such person for any goods, wares, merchandise and articles included in or advanced or controlled in price by such combination, or the full amount of money borrowed.

        History:   L. 1889, ch. 257, § 4; R.S. 1923, 50-115; L. 1985, ch. 181, § 3; L. 2000, ch. 136, § 12; July 1.

• 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.

• 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.

• 50-118:

        History:   L. 1889, ch. 257, § 7; R.S. 1923, 50-118; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-119:

        History:   L. 1889, ch. 257, § 8; R.S. 1923, 50-119; L. 1974, ch. 446, § 20; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-120:

        History:   L. 1889, ch. 257, § 9; R.S. 1923, 50-120; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-121:

        History:   L. 1899, ch. 77, § 1; R.S. 1923, 50-121; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-122:

        History:   L. 1899, ch. 77, § 2; L. 1909, ch. 121, § 1; R.S. 1923, 50-122; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-123:

        History:   L. 1909, ch. 121, § 2; R.S. 1923, 50-123; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-124:

        History:   L. 1909, ch. 121, § 3; R.S. 1923, 50-124; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-125:

        History:   L. 1909, ch. 121, § 4; R.S. 1923, 50-125; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-126:

        History:   L. 1909, ch. 121, § 5; R.S. 1923, 50-126; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-127:

        History:   L. 1909, ch. 121, § 6; R.S. 1923, 50-127; L. 1990, ch. 309, § 34; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-128:

        History:   L. 1899, ch. 77, § 3; L. 1909, ch. 121, § 7; R.S. 1923, 50-128; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-129:

        History:   L. 1909, ch. 121, § 8; R.S. 1923, 50-129; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-130:

        History:   L. 1899, ch. 77, § 4; R.S. 1923, 50-130; Repealed, L. 2000, ch. 136, § 28; July 1.

• 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.

• 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.

• 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.

• 50-134:

        History:   L. 1899, ch. 293, § 4; R.S. 1923, 50-134; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-135:

        History:   L. 1899, ch. 293, § 5; R.S. 1923, 50-135; Repealed, L. 1973, ch. 216, § 2; July 1.

• 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.

• 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.

• 50-138:

        History:   L. 1887, ch. 175, § 3; R.S. 1923, 50-138; Repealed, L. 2000, ch. 136, § 28; July 1.

• 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.

• 50-140 to 50-144:

        History:   L. 1907, ch. 259, §§ 2 to 6; R.S. 1923, §§ 50-140 to 50-144; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-145:

        History:   L. 1909, ch. 261, § 1; R.S. 1923, 50-145; Repealed, L. 2000, ch. 136, § 28; July 1.

• 50-146:

        History:   L. 1909, ch. 261, § 2; R.S. 1923, 50-146; Repealed, L. 2000, ch. 136, § 28; July 1.

• 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.

• 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.

• 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.

• 50-150 to 50-152:

        History:   L. 1915, ch. 368, §§ 3 to 5; R.S. 1923, 50-150 to 50-152; Repealed, L. 2000, ch. 136, § 28; July 1.

• 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.

• 50-154 to 50-156:

        History:   L. 1919, ch. 316, §§ 2 to 4; R.S. 1923, 50-154 to 50-156; Repealed, L. 2000, ch. 136, § 28; July 1.

• 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.

• 50-158: Kansas restraint of trade act. The provisions of article 1 of chapter 50 of the Kansas Statutes Annotated, and amendments thereto, and the provisions of K.S.A. 50-158 through 50-160, and amendments thereto, may be cited as the Kansas restraint of trade act.

        History:   L. 2000, ch. 136, § 1; July 1.

• 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.

• 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.

• 50-161: Same; 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 any of the acts contained in chapter 50 of the Kansas Statutes Annotated, relating to unlawful acts, agreements, monopolies, trusts, conspiracies or combinations 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 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 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 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; July 1.

• 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.

• 50-163 to 50-199: Reserved.
• 50-1,100: Kansas discount card act; definitions. As used in this act:

        (a)   "Discount card" means a card or any other purchasing mechanism or device, which is not insurance, that purports to offer discounts or access to discounts in health-related purchases from health care providers.

        (b)   "Health care provider" means any person licensed to practice any branch of the healing arts by the state board of healing arts, any person who holds a temporary permit to practice any branch of the healing arts issued by the state board of healing arts, a medical care facility licensed by the department of health and environment, a podiatrist licensed by the state board of healing arts, an optometrist licensed by the board of examiners in optometry, a pharmacist licensed by the state board of pharmacy, a pharmacy registered with the state board of pharmacy, a dentist licensed by the Kansas dental board, a respiratory therapist, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a Kansas limited liability company organized for the purpose of rendering professional services by its members who are health care providers as defined by this subsection and who are legally authorized to render the professional services for which the limited liability company is organized, a partnership of persons who are health care providers under this subsection, a Kansas not-for-profit corporation organized for the purpose of rendering professional services by persons who are health care providers as defined by this subsection.

        (c)   "Network of health care providers" means two or more separate health care providers who have specifically authorized the network to enter into a discount card program and who are contractually obligated to honor the discount card contract entered into by the network of health care providers.

        (d)   "Date of transaction" means the date payment is processed by the supplier or the date the consumer is able to use the discount card, whichever occurs earlier.

        (e)   "Service area" means the area defined by the consumer's zip code. Service area shall also include all of the area located outside the area defined by the consumer's zip code but within 60 miles thereof.

        History:   L. 2000, ch. 170, § 1; L. 2002, ch. 182, § 1; July 1.

• 50-1,101: Same; unlawful acts; promotion or sale of discount card by supplier; conditions on; registration of supplier; financial responsibility. (a)   Any supplier who markets, promotes, advertises or otherwise distributes any discount card in Kansas shall not make misleading, deceptive or fraudulent representations regarding the discount or range of discounts offered by such discount card or the access to any range of discounts offered by such discount card.

        (b)   Any supplier who sells any discount card in Kansas shall:

        (1)   State in bold and prominent type that such discount is not insurance on all advertisements and on all discount cards;

        (2)   have a separate contract with each health care provider or network of health care providers listed in conjunction with the discount card;

        (3)   not make misleading, deceptive or fraudulent representations regarding the discount or range of discounts offered by such discount card or the access to any range of discounts offered by such discount card; and

        (4)   (A) Except as provided in subparagraph (B), provide each prospective customer before purchase or at the time of the confirmation required by K.S.A. 50-672, and amendments thereto, a written list for each type of service offered in conjunction with the discount card containing the name, address, and phone number of the closest 25 health care providers in the prospective customer's service area that are contractually bound to honor the discount card. The written list of providers may be provided electronically if requested in that format by the prospective customer.

        (B)   Unless the supplier has complied with subparagraph (A), the supplier of the discount card must provide the customer a 30-day right to cancel and shall mail the written list required by subparagraph (A) of paragraph 4 within seven calendar days of the date of the transaction.

        (5)   Make available to each customer on an ongoing basis thereafter through a toll-free telephone number, the internet, or in writing upon request, the name, address and phone number of all health care providers in such customer's service area who are contractually bound to honor the discount card.

        (6)   Maintain a surety bond in the amount of $50,000 issued by a surety company authorized to do business in this state, or establish and maintain a surety account in the amount of $50,000 at a federally insured bank, savings and loan association or federal savings bank located in this state. Each surety bond and surety account shall be subject to the following:

        (A)   A copy of the bond or a statement identifying the depository, trustee and account number of the surety account, and thereafter proof of annual renewal of the bond or maintenance of the surety account, shall be filed with the secretary of state. Each such filing shall be accompanied by a filing fee of no more than $250 to cover the cost of filing and administration. Fees received under this act by the secretary of state shall be deposited in the state treasury to the credit of the information and copy service fee fund.

        (B)   A surety account shall be maintained until two years after the date that the discount card company ceases operations in the state. Funds from any surety account shall not be released to the discount card company without the specific consent of the attorney general.

        (C)   No surety on a discount card company bond shall cancel such bond without giving written notice thereof to the secretary of state. Whenever the secretary of state receives notice of a surety's intention to cancel a discount card company's bond, the secretary of state shall notify the affected discount card company that, unless such discount card company files another $50,000 surety bond with the secretary of state or establishes a $50,000 surety account on or before the cancellation date of such discount card company's surety bond, then such discount card company will no longer be authorized to do business in this state.

        (D)   The bond or surety account shall be in favor of any person and the attorney general for the benefit of any person who is damaged by any violation of this act, including any violation by the supplier or by any other person which markets, promotes, advertises or otherwise distributes a discount card on behalf of the supplier. The bond shall cover any violation occurring during the time period during which the bond is in effect.

        (E)   Any person claiming against the bond or surety account for a violation of this act may maintain an action at law against the discount card company and against the surety or trustee of the surety account. The aggregate liability of the surety or trustee of the surety account to all persons damaged by violations of this act may not exceed the amount of the surety bond or account.

        History:   L. 2000, ch. 170, § 2; L. 2002, ch. 182, § 2; July 1.

• 50-1,102:

        History:   L. 2000, ch. 170, § 3; Repealed, L. 2002, ch. 182, § 6; July 1.

• 50-1,103: Same; resident agent; registration requirement. Any supplier who sells, markets, promotes, advertises or otherwise distributes any discount card in Kansas shall designate a resident agent, who is a resident of Kansas, for service of process and such resident agent shall register with the secretary of state pursuant to K.S.A. 60-306 and amendments thereto.

        History:   L. 2000, ch. 170, § 4; L. 2002, ch. 182, § 3; July 1.

• 50-1,104: Same; severability. If any provision of K.S.A. 50-1,100 through 50-1,105 or the application thereof to any person or circumstances is held invalid, the validity of such provision to other persons and circumstances shall not be affected thereby.

        History:   L. 2000, ch. 170, § 5; July 1.

• 50-1,105: Same; citation; supplemental to Kansas consumer protection act; remedies. (a) K.S.A. 50-1,100 through 50-1,105 shall be known as the Kansas discount card act.

        (b)   This act shall be part of and supplemental to the Kansas consumer protection act.

        (c)   Any violation of this act shall constitute an unconscionable act and practice under the Kansas consumer protection act and amendments thereto and shall be subject to any and all of the remedies and enforcement provisions of the Kansas consumer protection act.

        (d)   Any person alleging a violation of this act may bring a private action to seek relief pursuant to K.S.A. 50-634, 50-636 and this act, and amendments thereto, and such person shall be considered a consumer pursuant to K.S.A. 50-624, and amendments thereto, for the purposes of such private action.

        (e)   The requirements and remedies of this act are in addition to and not in substitution for any other requirements and remedies provided by law.

        History:   L. 2000, ch. 170, § 6; L. 2002, ch. 182, § 4; July 1.