Brief ⁽¹⁾

Senate Sub. for Sub. HB 2468 addresses several issues relating to contagious and infectious domestic animal diseases.

The bill, among other things, would:

• Require the Governor to direct the Livestock Commissioner to establish a quarantine upon a determination by the Governor that a quarantine or other regulations are necessary to prevent the spread of any contagious or infectious disease among domestic animals;
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• Allow the Governor to require and direct the cooperation and assistance of any state agency in enforcing any quarantine or other regulations relating to the spread of any contagious or infectious disease among domestic animals;
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• Allow the Livestock Commissioner's designee to enter any grounds or premise to carry out the provisions of law relating to a quarantine;
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• Clarify that with respect to animals which may be killed or disposed of that are exposed to or afflicted with the foot and mouth disease, the appraisement is to be conducted in accordance with applicable rules and regulations of an indemnity program of the federal government.
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• Delete language which had indicated that the State of Kansas would be responsible for one-half of the compensation of the owners of animals disposed of because of their affliction with foot and mouth disease;
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• Make a person who knowingly exposes any domestic animal to any contagious or infectious disease subject to a class A, nonperson misdemeanor;
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• Makes a person who knowingly exposes any animal to foot and mouth disease subject to a severity level 4, nonperson felony;
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• Prohibit the feeding of garbage to animals, except that any person properly registered with the Kansas Animal Health Department to feed garbage to livestock would be permitted to do so through October 31, 2001 (an individual feeding one's own animals with garbage from such individual's own household would still be permitted);
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• Allow the Governor to issue a proclamation declaring a state of disaster emergency upon a finding or when notified that a quarantine or other regulations are necessary to prevent the spread of any contagious or infectious disease among domestic animals;
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• Provide for the extension of the gubernatorial disaster emergency declaration if the declaration involves contagious or infectious disease among domestic animals (The bill would require the Governor to terminate the declaration within 15 days, unless ratified by concurrent resolution of the Legislature. If the Legislature is not in session then the majority of the legislative members of the State Finance Council could approve an extension for a period not to exceed 30-days, which may be renewed for consecutive 30-day periods. The extensions beyond the initial 30-day extension would have to be approved by a unanimous vote of the legislative members of the State Finance Council. The emergency disaster would terminate on the 15th day of the next regular session unless ratified by concurrent resolution of the Legislature.); and
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• Amend the definition of "disaster" in the section of law dealing with the Division of Emergency Management to include contagious or infectious disease.

Background

The Senate substitute bill was introduced to address several issues concerning the recent outbreak of foot and mouth disease in Great Britain and elsewhere. The Livestock Commissioner of the Animal Health Department advocated the changes which relate to allowing the Governor to direct officials from other state agencies to assist with any quarantine which may be necessary. Foot and mouth disease is highly contagious and may be transmitted by other carriers such as vehicles, humans and their clothing, and wild animals.

Others appearing in support of the substitute bill included representatives of the Kansas National Guard, the Kansas Pork Association, the Kansas Farm Bureau, and the Kansas Livestock Association. Also appearing was the Secretary of Agriculture.

The Senate Committee of the Whole amended the bill to reinsert an existing provision of law that permits an individual who feeds their own animals garbage which was obtained from the individual's own household; to delete language which had directed the Director of Accounts and Reports to draw warrants for payment of animals which are killed because they have or have been exposed to foot and mouth disease; and to require that any 30-day extension beyond the initial 30-day extension be authorized only by the unanimous vote of the legislative members of the State Finance Council.

1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/fulltext.cgi