State Codes and Statutes

Statutes > Kansas > Chapter58 > Article13 > Statutes_22290

58-1309

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 13.--PUBLIC BUILDINGS

      58-1309.   Same; violation of injunction; civil penalty.(a) An aggrieved individual with a disability shall notbe a required party in actions brought by the attorney general or a city,county or district attorney pursuant to this section.

      (b)   Any willful violation of the terms of any injunction or court orderissued pursuant to this act shall render the violator liable for the paymentof a civil penalty in such amount as the court shall determine to be necessaryand proper.

      (c)   In administering and pursuing actions under this act, the attorneygeneral and the city, county attorney or district attorney are authorizedto suefor and collect reasonable expenses and investigation fees as determinedby the court. Civil penalties sued for and recovered by the attorney generalshall be paid into the general fund of the state. Civil penalties sued forand recovered by the city, county attorney or district attorney shall bepaid into the general fund of the city or county where the proceedings wereinstigated.

      (d)   Any person, agency or governmental entityresponsible for the enforcementof this act may refer evidence concerning violation of the standardsestablishedpursuant to this act to the attorney general or the proper city, county ordistrictattorney, who may institute, with or without such a reference, proceedingsunder this section.

      History:   L. 1978, ch. 213, § 6;L. 1992, ch. 208, § 10;L. 1994, ch. 195, § 9; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article13 > Statutes_22290

58-1309

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 13.--PUBLIC BUILDINGS

      58-1309.   Same; violation of injunction; civil penalty.(a) An aggrieved individual with a disability shall notbe a required party in actions brought by the attorney general or a city,county or district attorney pursuant to this section.

      (b)   Any willful violation of the terms of any injunction or court orderissued pursuant to this act shall render the violator liable for the paymentof a civil penalty in such amount as the court shall determine to be necessaryand proper.

      (c)   In administering and pursuing actions under this act, the attorneygeneral and the city, county attorney or district attorney are authorizedto suefor and collect reasonable expenses and investigation fees as determinedby the court. Civil penalties sued for and recovered by the attorney generalshall be paid into the general fund of the state. Civil penalties sued forand recovered by the city, county attorney or district attorney shall bepaid into the general fund of the city or county where the proceedings wereinstigated.

      (d)   Any person, agency or governmental entityresponsible for the enforcementof this act may refer evidence concerning violation of the standardsestablishedpursuant to this act to the attorney general or the proper city, county ordistrictattorney, who may institute, with or without such a reference, proceedingsunder this section.

      History:   L. 1978, ch. 213, § 6;L. 1992, ch. 208, § 10;L. 1994, ch. 195, § 9; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter58 > Article13 > Statutes_22290

58-1309

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 13.--PUBLIC BUILDINGS

      58-1309.   Same; violation of injunction; civil penalty.(a) An aggrieved individual with a disability shall notbe a required party in actions brought by the attorney general or a city,county or district attorney pursuant to this section.

      (b)   Any willful violation of the terms of any injunction or court orderissued pursuant to this act shall render the violator liable for the paymentof a civil penalty in such amount as the court shall determine to be necessaryand proper.

      (c)   In administering and pursuing actions under this act, the attorneygeneral and the city, county attorney or district attorney are authorizedto suefor and collect reasonable expenses and investigation fees as determinedby the court. Civil penalties sued for and recovered by the attorney generalshall be paid into the general fund of the state. Civil penalties sued forand recovered by the city, county attorney or district attorney shall bepaid into the general fund of the city or county where the proceedings wereinstigated.

      (d)   Any person, agency or governmental entityresponsible for the enforcementof this act may refer evidence concerning violation of the standardsestablishedpursuant to this act to the attorney general or the proper city, county ordistrictattorney, who may institute, with or without such a reference, proceedingsunder this section.

      History:   L. 1978, ch. 213, § 6;L. 1992, ch. 208, § 10;L. 1994, ch. 195, § 9; July 1.