Session of 2000
HOUSE BILL No. 3002
By Committee on Federal and State Affairs
2-22
9 AN ACT
concerning livestock; enacting the competitive livestock mar-
10 kets act; prohibiting
certain acts and prescribing certain penalties.
11
12 Be it enacted by the Legislature of the
State of Kansas:
13 Section
1. The provisions of this act shall be known and may be
cited
14 as the competitive livestock markets
act.
15 Sec. 2. As
used in sections 1 through 6, and amendments thereto:
16 (a) ``Packer''
means any person engaged in the business of:
17 (1) Buying more
than 5,000 animal units of livestock per year in com-
18 merce for purpose of slaughter;
19 (2) Manufacturing
or preparing meats or meat food products for sale
20 or shipment in commerce; or
21 (3) marketing
meats, meat food products or livestock products in an
22 unmanufactured form acting as a wholesale
broker, dealer or distributor
23 in commerce.
24 (b) ``Animal
units'' means the same as prescribed by K.S.A. 65-171d,
25 and amendments thereto.
26 Sec. 3. It
shall be unlawful for any packer with respect to livestock,
27 meats, meat products, livestock products in
unmanufactured form to:
28 (a) Engage in or use
any unfair, unjustly discriminatory or deceptive
29 practice or device;
30 (b) make or give
any undue or unreasonable preference or advantage
31 to any particular person or locality in any
respect whatsoever, or subject
32 any particular person or locality to any
unreasonable prejudice or disad-
33 vantage in any respect whatsoever;
34 (c) sell or
otherwise transfer to or for any other packer or buy or
35 otherwise receive from or for any other
packer any article for the purpose
36 or with the effect of apportioning the
supply between any such persons
37 if such apportionment has the tendency or
effect of restraining commerce
38 or of creating a monopoly;
39 (d) sell or
otherwise transfer to or for any other person, or buy or
40 otherwise receive from or for any other
person, any article for the purpose
41 or with the effect of manipulating or
controlling prices, or of creating a
42 monopoly in the acquisition of buying,
selling or dealing in any article, or
43 of restraining commerce;
2
1 (e) engage
in any course of business or do any act for the purpose or
2 with the effect of manipulating or
controlling prices, or of creating a
3 monopoly in the acquisition of
buying, selling, dealing in any article or of
4 restraining commerce;
5
(f) conspire, combine, agree or arrange with any other person
to ap-
6 portion territory for carrying on
business, to apportion purchases or sales
7 of any article or to manipulate or
control prices; or
8
(g) conspire, combine, agree or arrange with any other person
to do,
9 or aid or abet the doing of any act
made unlawful by subsections (a), (b),
10 (c), (d) or (e).
11 Sec. 4. (a)
The attorney general or any county or district attorney
12 may bring an action:
13 (1) To obtain a
declaratory judgment that an act or practice violates
14 this act;
15 (2) to enjoin, or
to obtain a restraining order against a packer who
16 has violated, is violating or is otherwise
likely to violate this act; or
17 (3) to recover
damages on behalf of a person by reason of violations
18 of this act; and
19 (4) to recover
reasonable expenses and investigation fees.
20 (b) In lieu of
instigating or continuing an action or proceeding, the
21 attorney general may accept a consent
judgment with respect to any act
22 or practice declared to be a violation of
this act. Such a consent judgment
23 shall provide for the discontinuance by the
packer of any act or practice
24 declared to be a violation of this act, and
it may include a stipulation for
25 the payment by such packer of reasonable
expenses and investigation fees
26 incurred by the attorney general. Any
consent judgment entered into
27 pursuant to this section shall not be
deemed to admit the violation, unless
28 it does so by its terms. Before any consent
judgment entered into pur-
29 suant to this section shall be effective,
it must be approved by the district
30 court and an entry made thereof in the
manner required for making an
31 entry of judgment. Once such approval is
received, any breach of the
32 conditions of such consent judgment shall
be treated as a violation of a
33 court order, and shall be subject to all
the penalties provided by law
34 therefor.
35 (c) In any action
brought by the attorney general or the county or
36 district attorney, the court may, without
requiring bond of the attorney
37 general or the county or district
attorney:
38 (1) Make such
orders or judgments as may be necessary to prevent
39 the use or employment by a packer of any
practices declared to be a
40 violation of this act;
41 (2) make such
orders or judgments as may be necessary to compen-
42 sate any person for damages sustained;
43 (3) revoke any
license or certificate authorizing that packer to engage
3
1 in business in this state;
2 (4) issue a
temporary restraining order or enjoin any packer from
3 engaging in business in this
state;
4 (5) award
reasonable expenses and investigation fees, civil penalties
5 and costs; and
6 (6) grant
other appropriate relief.
7 Sec.
5. (a) Whether a person seeks or is entitled to damages or
oth-
8 erwise has an adequate remedy at law
or in equity, a person aggrieved by
9 an alleged violation of this act may
bring an action to:
10 (1) Obtain a
declaratory judgment that an act or practice violates this
11 act; or
12 (2) enjoin or
obtain a restraining order against a packer who has vi-
13 olated, is violating or is likely to
violate this act.
14 (b) A person who
suffers a loss as a result of a violation of this act
15 may bring an individual or a class action
for the damages caused by any
16 violation of this act together with
reasonable attorney fees.
17 Sec.
6. Every packer shall keep such accounts, records and
memo-
18 randa to fully and correctly disclose all
transactions involved in such per-
19 son's business, including the true
ownership of such business by stock-
20 holders or otherwise. Whenever the attorney
general finds that the
21 accounts, records and memoranda of such
person do not fully and cor-
22 rectly disclose all transactions involved
in such person's business, the at-
23 torney general may prescribe the manner and
form in which such ac-
24 counts, records and memoranda shall be
kept. Any such person who fails
25 to keep such accounts, records and
memoranda in the manner and form
26 prescribed or approved by the attorney
general is guilty of a nonperson
27 misdemeanor and shall be subject to a fine
of not more than $5,000 or
28 imprisoned not more than three years, or
both.
29 Sec. 7. The
attorney general shall be responsible for enforcement of
30 this act and shall promulgate such rules
and regulations and make orders
31 as may be necessary to carry out the
provisions of this act. The attorney
32 general, to carry out the provisions of
this act, may cooperate with any
33 state department, agency or any local
municipality and any department
34 or agency of the federal government and
state, territory, district or pos-
35 session or department or agency or
political subdivision thereof or any
36 person.
37 Sec. 8. This act shall
take effect and be in force from and after its
38 publication in the statute book.