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 andthe necessity of providing and regulating certainservices and activities by municipalities in order to serve and protect the public'sgeneral health, safetyand welfare. Municipalities which are authorized specifically by statute orthrough the exercise of the municipalities' home rule power are urged tocontinue to provide and regulate such services and activities.Except as providedin subsection (d), such municipalitiesand the officers and employees thereof shall be exempt from civilliability except for injunctive relief under the antitrust laws of thestate of Kansas in article 1 ofchapter 50 of the Kansas Statutes Annotated. The prevailing party in anysuit for such injunctive relief may be awarded attorney fees. The bondrequirements of K.S.A. 60-905, and amendments thereto, shall not beapplicable in suits for injunctive relief brought against municipalitiesfor 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 antitrustliability which might otherwise exist.

      (d)   Nothing contained in this section shall preclude the attorneygeneral or any county or district attorney from bringing an action againsta municipality for a violation of the antitrust laws or any other laws of the state.

      History:   L. 1985, ch. 181, § 1; May 2.