Session 2000
Effective: July 1, 2000
SENATE BILL No. 664
An Act concerning agriculture; relating to inspection fees; funding
for plant pest activities;
relating to electronic livestock auctions;
concerning brand inspection areas and fees;
amending K.S.A. 2-2911, 47-434, 47-437,
47-1001e and 47-1011 and K.S.A. 1999 Supp.
2-1012, 2-1205, 47-1001 and 47-1008 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1999 Supp. 2-1012
is hereby amended to read as
follows: 2-1012. The secretary shall remit all moneys received by
or for
the secretary under article 10 of chapter 2 of Kansas Statutes
Annotated
and amendments thereto to the state treasurer at least monthly.
On and
after the effective date of this act through June 30, 1999,
upon receipt of
any such remittance the state treasurer shall deposit the
entire amount
thereof in the state treasury and an amount equal to $.005
per ton of
2,000 pounds or fraction thereto for each commercial
feeding stuffs sold,
offered or exposed for sale or distribution in this state
shall be credited
to the laboratory equipment fund created by K.S.A. 1999
Supp. 74-554,
and amendments thereto, and the remainder shall be credited
to the
feeding stuffs fee fund. On and after July 1,
1999, Upon receipt of any
such remittance the state treasurer shall deposit the entire
amount
thereof in the state treasury and the same shall be credited to the
feeding
stuffs fee fund. On and after July 1, 2000, through June 30,
2002, an
amount not to exceed $35,000 per year may be used to fund plant
pest
activities. All expenditures from the feeding stuffs fee
fund shall be made
in accordance with appropriation acts upon warrants of the director
of
accounts and reports issued pursuant to vouchers approved by the
sec-
retary of the state board department of
agriculture or by a person or
persons designated by the secretary.
Sec. 2. K.S.A. 1999 Supp. 2-1205 is
hereby amended to read as fol-
lows: 2-1205. An inspection fee shall be collected upon all
commercial
fertilizers sold, offered or exposed for sale, or distributed in
Kansas, which
shall be at a rate per ton of 2,000 pounds fixed by rules and
regulations
adopted by the secretary of agriculture, except that such rate
shall not
exceed $1.67 per ton of 2,000 pounds. The inspection fee
rate per ton of
2,000 pounds in effect on the day preceding the effective
date of this act
shall continue in effect until The secretary of
agriculture adopts may
adopt rules and regulations fixing a
different establishing the inspection
fee rate under this section. Each person registering any commercial
fer-
tilizer shall pay the inspection fee on such commercial fertilizer
sold,
offered or exposed for sale, or distributed in Kansas, and shall
keep ad-
equate records showing the tonnage of each commercial fertilizer
shipped
to or sold, offered or exposed for sale, or distributed in Kansas,
and the
secretary, and duly authorized representatives of the secretary,
shall have
authority to examine such records and other pertinent records
necessary
to verify the statement of tonnage.
Each person registering any commercial
fertilizer shall file an affidavit
semiannually, with the secretary, within 30 days after each January
1 and
each July 1, showing the tonnage of commercial fertilizer sold or
distrib-
uted in Kansas for the preceding six-month period, and shall pay to
the
secretary the inspection fee due thereon for such six-month period,
except
that the registrant shall not be required to pay the inspection fee
or report
the tonnage of commercial fertilizers or fertilizer materials sold
and
shipped directly to fertilizer manufacturers or mixers, but the
fertilizer
manufacturers or mixers shall keep adequate records of the
commercial
fertilizers sold or distributed in this state, and report to the
secretary the
tonnage thereof and pay the inspection fee due thereon. If the
affidavit
is not filed and the inspection fee is not paid within the
thirty-day period,
or if the report of tonnage is false, the secretary may revoke the
registra-
tions filed by such person; and if the affidavit is not filed and
the inspec-
tion fee is not paid within the thirty-day period, or any extension
thereof
granted by the secretary, a penalty of $5 per day shall be assessed
against
the registrant and the inspection fee and penalty shall constitute
a debt
and become the basis for a judgment against such person. The
secretary
may grant a reasonable extension of time.
The secretary of the department of agriculture
is hereby authorized
and empowered to reduce the inspection fee by adopting rules and
reg-
ulations under this section whenever it shall determine that the
inspection
fee is yielding more than is necessary for the purpose of
administering
the provisions of this act as listed below and the plant pest
act, and the
secretary is hereby authorized and empowered to increase the
inspection
fee by adopting rules and regulations under this section when it
finds that
such is necessary to produce sufficient revenues for the purposes
of ad-
ministering the provisions of this act, but not in excess of the
maximum
fee prescribed by this section. The secretary shall remit all
moneys re-
ceived by or for the secretary under article 12 of chapter 2 of
Kansas
Statutes Annotated and amendments thereto to the state treasurer at
least
monthly. Upon receipt of any such remittance the state treasurer
shall
credit the remittance as follows: (1) An amount equal to $1.40 per
ton
shall be credited to the state water plan fund created by K.S.A.
82a-951,
and amendments thereto; (2) an amount equal to $.04 per ton shall
be
credited to the fertilizer research fund; and (3) the remainder
shall be
credited to the fertilizer fee fund. An amount of $100,000
from the fer-
tilizer fee fund shall be authorized for the purpose of
conducting a pes-
ticide use survey. On and after July 1, 2000,
through June 30, 2002, an
amount not to exceed $35,000 per year may be used to fund plant
pest
activities. All expenditures from the fertilizer fee fund
shall be made in
accordance with appropriation acts upon warrants of the director of
ac-
counts and reports issued pursuant to vouchers approved by the
secretary
of the department of agriculture or by a person or persons
designated by
the secretary.
Sec. 3. K.S.A. 2-2911 is hereby
amended to read as follows: 2-2911.
The secretary shall remit all moneys received by or for him
or her the
secretary under this act to the state treasurer at least
monthly. Upon
receipt of any such remittance the state treasurer shall deposit
the entire
amount thereof in the state treasury and the same shall be credited
to
the agricultural liming materials fee fund, which fund is hereby
created.
On and after July 1, 2000, through June 30, 2002, an amount not
to exceed
$5,000 per year may be used to fund plant pest activities.
All expenditures
from such fund shall be made in accordance with appropriation acts
upon
warrants of the director of accounts and reports issued pursuant to
vouch-
ers approved by the secretary of the state board
department of agriculture
or by a person or persons designated by him or her
the secretary.
Sec. 4. K.S.A. 47-434 is hereby
amended to read as follows: 47-434.
As used in this act:
(a) "Commissioner" means the state
livestock commissioner;
(b) "brand inspection area" means any
county which has been des-
ignated as such by the board of county commissioners of such county
in
the manner provided by K.S.A. 47-435 and amendments thereto;
(c) "resident owner of cattle or
sheep" means any resident of a county
who listed has owned one or more head of
cattle or sheep, or both, for
taxation during the preceding tax assessment
period at any time during
the 12 preceding months;
(d) "brand inspection" means the
inspection of brands, marks, and
other identifying characteristics of cattle or sheep, or both, for
the pur-
pose of determining the ownership thereof; and
(e) "person" means any individual, firm,
association, partnership or
corporation; and
(f) "board" means the board of
directors of the Kansas livestock as-
sociation.
Sec. 5. K.S.A. 47-437 is hereby
amended to read as follows: 47-437.
(a) The livestock commissioner shall charge and collect a fee of
not to
exceed $.75 per head on all cattle and not to exceed $.05 per head
on all
sheep inspected in brand inspection areas of the state. In
addition to the
per head fee, the livestock commissioner may charge and collect
an on-
site inspection fee and a mileage fee for each mile necessarily
and actually
traveled in going to and returning from the place of
inspection. The live-
stock commissioner may, when brand inspectors are
available, may pro-
vide brand inspection in other areas where brand inspection is
requested
and the commissioner shall charge and collect inspection fees in
the same
manner as prescribed for the collection of such fees in brand
inspection
areas. The owner or seller of cattle or sheep inspected shall be
responsible
for the payment of the inspection fees and such fees shall be
collected in
such manner as the livestock commissioner shall prescribe or
authorize
by rule or regulation.
(b) When the livestock commissioner
determines that the fees col-
lected under this section are yielding more than is required for
the pur-
poses for which such fees are collected, the commissioner may
reduce
such fees for such period as the commissioner deems justified. In
the
event the livestock commissioner, after reducing such fees, finds
that
sufficient revenues are not being produced by the reduced fees to
prop-
erly administer and enforce this act and acts of which this section
is amen-
datory or supplemental, the commissioner may increase such fees to
such
rate as will, in the commissioner's judgment, produce sufficient
revenue
for the purposes provided in this section, but not exceeding $.75
per head
on cattle and not to exceed $.05 per head on sheep.
(c) The livestock commissioner shall
remit all moneys received under
K.S.A. 47-434 through 47-445, and amendments thereto, to the state
trea-
surer at least monthly. Upon receipt of any such remittance the
state
treasurer shall deposit the entire amount thereof in the state
treasury and
the same shall be credited to the county option brand fee fund,
except
any amounts received for brand inspection services of livestock
outside
of a county option area. All expenditures from such fund shall be
made
in accordance with appropriation acts upon warrants of the director
of
accounts and reports issued pursuant to vouchers approved by the
live-
stock commissioner or by a person or persons designated by the
com-
missioner. All amounts received for inspection of livestock outside
of a
county option area shall be deposited to the credit of the
livestock brand
fee fund.
Sec. 6. K.S.A. 1999 Supp. 47-1001
is hereby amended to read as
follows: 47-1001. As used in this act, except where the context
clearly
indicates a different meaning:
(a) "Commissioner" means the livestock
commissioner of the state of
Kansas.
(b) "Livestock" means and includes
cattle, swine, sheep, goats,
horses, mules, domesticated deer, all creatures of the ratite
family that
are not indigenous to this state, including but not limited to
ostriches,
emus and rheas, and any other animal as deemed necessary by the
com-
missioner established through rules and regulations.
(c) "Person" means and includes any
individual, partnership, corpo-
ration or association.
(d) "Producer" means any person engaged
in the business of breed-
ing, grazing or feeding livestock.
(e) "Consignor" means any person who
ships or delivers to any public
livestock market livestock for handling, sale or resale at a public
livestock
market.
(f) "Public livestock market" means any
place, establishment or fa-
cility commonly known as a "livestock market," "livestock auction
mar-
ket," "sales ring," "stockyard," "community sale" as such term is
used in
article 10 of chapter 47 of the Kansas Statutes Annotated, which
includes
any business conducted or operated for compensation or profit as a
public
market for livestock, consisting of pens, or other enclosures, and
their
appurtenances, in which livestock are received, held, sold or kept
for sale
or shipment except that this term shall not apply to any livestock
market
where federal veterinary inspection is regularly maintained.
(g) "Public livestock market operator"
means any person who, in this
state, receives on consignment, or solicits from the producer or
consignor
thereof, or holds in trust or custody for another, any livestock
for sale or
exchange, on behalf of such producer or consignor at a public
livestock
market, or sells, or offer for sale, at a public livestock market,
for the
account of the producer or consignor thereof, any livestock or
directly or
indirectly owns, conducts or operates a public livestock market.
The term
"public livestock market operator" shall not be construed to
include any
packer or agent of a packer who receives or purchases livestock
for
prompt slaughter.
(h) "Packer" means any person engaged in
the business of buying
livestock for purposes of slaughter, or of manufacturing or
preparing
meats or meat food products for sale or shipment, or of
manufacturing
or preparing livestock products for sale or shipment, or of
marketing
meats, meat food products, livestock products, dairy products,
poultry or
poultry products.
(i) "Board" means any three members of
the Kansas animal health
board designated by the chairperson of the Kansas animal health
board
for each particular hearing. The chairperson may be included in
such
designation.
(j) "Dealer" as used in article 10 of
chapter 47 of the Kansas Statutes
Annotated, to which this act is amendatory and supplemental, shall
have
the same meaning as the term "public livestock market
operator."
(k) "Domesticated deer" means any member
of the family cervidae
which was legally obtained and is being sold or raised in a
confined area
for breeding stock; for any carcass, skin or part of such animal;
for exhi-
bition; or for companionship.
(l) "Occasional livestock sale" means
livestock auctions or sales, that
receive on consignment, or solicits from the producer or
consignor
thereof, or holds in trust or custody for another, any livestock
for sale or
exchange, on behalf of such producer or consignor at such auction
or sale,
or sells, or offers for sale, at such auction or sale, for the
account of the
producer or consignor thereof, any livestock or directly or
indirectly owns,
conducts or operates such auction or sale and such auctions or
sales are
held 12 or less times per year.
(m) "Electronic auction" means a live
audio-visual broadcast of an
actual auction where livestock are offered for sale and shall
include auc-
tions conducted by satellite communications and over the
internet.
Sec. 7. K.S.A. 47-1001e is hereby
amended to read as follows: 47-
1001e. (a) Each livestock market operator shall pay
annually, on or before
June 30, a renewal market license fee in an amount set by the
Kansas
animal health board and adopted by rules and regulations of the
com-
missioner of not more than $40 to the commissioner for each
public
livestock market operated by such operator, which payment shall
consti-
tute a renewal until June 30 of the following year. The renewal
market
license fee established by this section on the day preceding the
effective
date of this act shall continue in effect until a different renewal
market
license fee is set as provided under this section.
(b) Any person who owns or operates an
electronic auction which is
simulcast into the state of Kansas and at which livestock
located in the
state of Kansas are offered for sale, shall apply to the
livestock commis-
sioner for an electronic auction license. A license shall be
granted to such
person upon a showing that such person meets the bond
requirements, as
established in K.S.A. 47-1002, and amendments thereto, and has
paid an
annual fee in an amount set by the Kansas animal health board
and
adopted by rules and regulations of the commissioner of not more
than
$40. Any such license shall expire on June 30 of each
year.
Sec. 8. K.S.A. 1999 Supp. 47-1008
is hereby amended to read as
follows: 47-1008. (a) Livestock shall not be offered for sale or
sold at any
licensed public livestock market if such livestock:
(1) Is infected with a disease that
permanently renders the livestock
unfit for human consumption;
(2) has severe neoplasia;
(3) has severe actinomycosis;
(4) is unable to rise to its feet by
itself; or
(5) has an obviously fractured long bone
or other fractures or dislo-
cation of a joint that renders the livestock unable to bear weight
on the
affected limb without that limb collapsing.
(b) If, in the judgment of an accredited
veterinarian, the livestock
consigned and delivered on the premises of any licensed public
livestock
market is in any of the conditions described in subsection (a),
such vet-
erinarian shall euthanize humanely the livestock or direct the
consignor
to immediately remove the livestock from the premises of the
public
livestock market. All expenses incurred for euthanasia and disposal
of the
livestock under the provisions of this subsection shall be the
responsibility
of the consignor. Collection of expenses shall not be the
responsibility of
the consignee.
(c) All livestock consigned and
delivered on the premises of any
licensed public livestock market, before being offered for sale,
shall be
inspected by a veterinarian authorized by the commissioner who
shall
visually examine or test, or both, each animal consigned to such
market,
for the purpose of determining its condition of health and freedom
of
clinical signs of infectious or contagious animal diseases that are
deter-
mined to be reportable by the livestock commissioner. Such
regulatory
veterinary services shall be contracted for by the livestock
commissioner
who shall select an accredited veterinarian for each public
livestock mar-
ket. The public livestock market operator, for each public
livestock mar-
ket, shall submit to the livestock commissioner a list of
accredited vet-
erinarians to be considered for the position or positions. Such
veterinarian
shall be authorized to make all required examinations and tests,
and to
issue certificates of inspection at the public livestock market
where such
veterinarian serves. All livestock sold, resold, exchanged or
transferred,
or offered for sale or exchange at a livestock market shall be
treated as
may be necessary to prevent the spread of contagious or infectious
dis-
eases. A certificate of inspection, on a form to be approved by the
com-
missioner, shall be issued to the purchaser by the inspector. For
the visual
inspection of livestock offered for sale, there shall be collected
by the
market operator from the consignor a fee which shall be determined
by
negotiation between the market operator and the market veterinarian
but
shall not be less than $.07 per head, except that no fee for
inspection shall
be collected unless the inspection actually has been made. If the
charges
per head collected on all livestock inspected at a livestock market
on any
sales day do not amount to a minimum per diem of $40 or any
amount
greater than $40 negotiated by the operator, the market operator
shall
be required to supply sufficient funds to provide such amount.
Any
amount lesser or greater than the $40 amount specified, shall be
deter-
mined by negotiation between the market operator and the market
vet-
erinarian. A copy of any agreement or contract shall be on file
with the
commissioner. Payments for veterinary services rendered under a
con-
tract as provided in this section shall be paid from the veterinary
inspec-
tion fee fund, and for such services rendered prior to the end of a
fiscal
year, payment may be made within 90 days after the end of the
fiscal
year.
(d) Livestock market operators shall pay
amounts received and
amounts due under this section to the livestock commissioner. The
com-
missioner shall remit all such amounts received to the state
treasurer at
least monthly. Upon receipt of any such remittance the state
treasurer
shall deposit the entire amount thereof in the state treasury and
the same
shall be credited to the veterinary inspection fee fund. All
expenditures
from such fund shall be made in accordance with appropriation acts
upon
warrants of the director of accounts and reports issued pursuant to
vouch-
ers approved by the commissioner or by a person or persons
designated
by such commissioner.
(e) The livestock commissioner shall
promulgate rules and regula-
tions as may be necessary to carry out the purposes of this
section, in-
cluding, but not limited to, rules and regulations designating any
disease
as a disease that renders livestock or the carcasses thereof
permanently
unfit for human consumption. The livestock commissioner shall
prom-
ulgate all such rules and regulations in accordance with existing
ante-
mortem inspection regulations promulgated by the United States
de-
partment of agriculture food safety and inspection service, as in
effect on
July 1, 1997.
(f) All livestock sold by a licensed
electronic auction, before being
delivered to an out-of-state buyer, shall have a health
certificate issued
by a licensed, accredited veterinarian. Kansas buyers shall be
furnished
a health certificate upon request.
Sec. 9. K.S.A. 47-1011 is hereby
amended to read as follows: 47-
1011. (a) The public livestock market operator shall collect from
the con-
signor of horses, mules, cattle, hogs, sheep and goats the fee per
head on
all such livestock sold at a public livestock market in the amount
fixed by
the commissioner under this section. The public livestock market
oper-
ator shall remit to the commissioner on or before the 15th day of
each
month the amounts collected during the preceding calendar
month.
(b) The electronic auction operator
shall collect from the consignor of
horses, mules, cattle, hogs, sheep and goats the fee per head in
an amount
fixed by the commissioner under this section on all such
livestock sold at
an electronic auction if such livestock is located in the state
of Kansas.
The electronic auction operator shall remit to the commissioner
on or
before the 15th day of each month the amounts collected during
the pre-
ceding calendar month.
(b) (c) The fee
per head provided for in this section shall be in ad-
dition to the inspection fee stated in K.S.A. 47-1008, and
amendments
thereto, to the license fee payable to the commissioner for
licenses men-
tioned and described in K.S.A. 47-1002, and amendments thereto,
and
to the fee provided for in K.S.A. 74-534, and amendments
thereto.
(c) (d) The
commissioner shall determine annually the amount of
funds which will be required, in addition to the funds received for
fees
imposed under K.S.A. 47-1001a and 47-1001e, and amendments
thereto,
to properly enforce and administer the laws contained in article 10
of
chapter 47 of the Kansas Statutes Annotated, and amendments
thereto,
and shall fix and adjust from time to time the fee per head imposed
under
this section in such reasonable sum as may be necessary for such
pur-
poses, except that the fee per head fixed under this section shall
not be
more than $.15. The fee per head in effect on the day preceding
the
effective date of this act shall continue in effect until the
commissioner
fixes a different fee per head under this section.
(d) (e) The
commissioner shall remit all moneys received by or for
the commissioner under K.S.A. 47-1001a, 47-1001e and this section,
and
amendments thereto, to the state treasurer at least monthly. Upon
receipt
of each such remittance, the state treasurer shall deposit the
entire
amount thereof in the state treasury and such amount shall be
credited
to the animal disease control fund.
Sec. 10. K.S.A. 2-2911, 47-434,
47-437, 47-1001e and 47-1011 and
K.S.A. 1999 Supp. 2-1012, 2-1205, 47-1001 and 47-1008 are hereby
re-
pealed.
Sec. 11. This act shall take effect
and be in force from and after its
publication in the statute book.