12-205. Municipal exemption or immunity from antitrust liability.
12-205
12-205. Municipal exemption or immunity from antitrust liability.
(a) When used in this section "municipality" means any city,
county, township or other political or taxing subdivision of the state.
(b) The legislature of the state of Kansas recognizes the importance and
the necessity of providing and regulating certain
services and activities by municipalities in order to serve and protect the public's
general health, safety
and welfare. Municipalities which are authorized specifically by statute or
through the exercise of the municipalities' home rule power are urged to
continue to provide and regulate such services and activities.
Except as provided
in subsection (d), such municipalities
and the officers and employees thereof shall be exempt from civil
liability except for injunctive relief under the antitrust laws of the
state of Kansas in article 1 of
chapter 50 of the Kansas Statutes Annotated. The prevailing party in any
suit for such injunctive relief may be awarded attorney fees. The bond
requirements of K.S.A. 60-905, and amendments thereto, shall not be
applicable in suits for injunctive relief brought against municipalities
for violation of the antitrust laws of the state.
(c) The antitrust immunity and exemption provided by subsection (b)
shall be in addition to any municipal exemption or immunity from antitrust
liability which might otherwise exist.
(d) Nothing contained in this section shall preclude the attorney
general or any county or district attorney from bringing an action against
a municipality for a violation of the antitrust laws or any other laws of the state.
History: L. 1985, ch. 181, § 1; May 2.