Session Law

Identifying Information:L. 2003 ch. 110
Other Identifying Information:2003 Senate Bill 64*
Tax Type:Other
Brief Description:An Act concerning tobacco; relating to the master settlement agreement;appeal bonds in certain litigation.
Keywords:


Body:

CHAPTER 110

SENATE BILL No. 64*

An Act concerning tobacco; relating to the master settlement agreement;

appeal bonds in certain litigation.


Be it enacted by the Legislature of the State of Kansas:

Section 1. (a) The appeal bond that an appellant in civil litigation

under any legal theory, involving a signatory or a successor to a signatory

of the master settlement agreement, as defined in K.S.A. 2002 Supp. 50-

6a02, and amendments thereto, may be required to post to stay execution

on a judgment during an appeal or discretionary review shall be set in

accordance with existing law and court rules, except that in no case shall

an appeal bond exceed $25,000,000, regardless of the total value of the

judgment.

(b) If it is proved by a preponderance of the evidence that the ap-

pellant for whom the bond has been limited pursuant to this section is

intentionally dissipating or diverting assets outside of the ordinary course

of its business for the purpose of avoiding payment of the judgment, the

court shall enter such orders as are necessary to prevent the dissipation

or diversion of assets.

Sec. 2. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved April 21, 2002.

Published in the Kansas Register May 1, 2002.


__________




Date Composed: 10/29/2003 Date Modified: 10/29/2003