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10  AN ACT concerning public livestock markets; relating to injured, disabled
11    or diseased animals; amending K.S.A. 47-122a and K.S.A. 1996 Supp.
12    47-1008 and repealing the existing section sections.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 47-122a is hereby amended to read as fol-
16  lows: 47-122a. (a) Whenever the owner or the owner's authorized
17  agent allows any livestock to run at large, in violation of K.S.A. 47-
18  122, and amendments thereto, and such livestock remains on the
19  property of another person, the sheriff of the county in which such
20  livestock are running at large, at the request of such person upon
21  whose property the livestock are running at large, may take such
22  livestock into custody and retain them in a secure holding area.
23    (b)  The county sheriff shall give notice to the owner or the
24  owner's authorized agent within twenty-four (24) 24 hours after tak-
25  ing such livestock into custody that the owner or the owner's au-
26  thorized agent has ten (10) 10 days within which to claim such live-
27  stock and to pay all actual costs for taking up, keeping and feeding
28  of such livestock.
29    (c)  If the owner or the owner's authorized agent fails to claim
30  the livestock and to pay all actual costs within the ten (10) day ten-
31  day period, the county sheriff shall cause the livestock to be deliv-
32  ered to a public livestock market, and or to a secure holding area
33  approved by the livestock commissioner. If the livestock is delivered to
34  the market, the county sheriff shall cause said such livestock to be sold
35  at such market to the highest bidder for cash. Livestock held in a
36  secure holding area other than a livestock market shall be advertised by
37  the county sheriff in the official county newspaper and sold to the highest
38  bidder for cash.
39    (d)  The county sheriff shall pay out of the proceeds from the
40  sale of said such livestock, all actual costs for taking up, keeping
41  and feeding of such livestock. Any proceeds remaining in the hands
SB 63--Am. by H
                                     

 1  of the sheriff after payment of all actual costs, shall be paid to the
 2  owner of the livestock or the owner's authorized agent. If the
 3  owner or the owner's authorized agent is not known or cannot be
 4  located, the proceeds remaining after the payment of actual costs
 5  shall be paid to the county treasurer of the county in which the
 6  livestock were running at large. Such funds shall be deposited by
 7  the county treasurer in the county's special stray fund provided
 8  for in K.S.A. 47-239, and amendments thereto.
 9    (e)  In counties having a consolidated law enforcement depart-
10  ment, the provisions of this section relating to sheriffs shall be
11  deemed to refer to such department.
12    Section 1. 2.  K.S.A. 1996 Supp. 47-1008 is hereby amended to read
13  as follows: 47-1008. (a) Livestock shall not be offered for sale or sold at
14  any licensed public livestock market if such livestock is injured, disabled
15  or diseased beyond recovery, or if such injury, disability or disease:
16    (1)  Is infected with a disease that permanently renders the live-
17  stock unfit for human consumption. Such injury, disability or disease shall
18  include, but not be limited to, any livestock with;
19    (2)  has severe neoplasia, any livestock that;
20    (3)  has severe actinomycosis;
21    (4)  is unable to rise to its feet by itself and any livestock with; or
22    (5)  has an obviously fractured long bones bone or other fractures
23  or dislocation of a joint that renders the livestock unable to bear
24  weight on the affected limb without that limb collapsing.
25    (b)  If, in the judgment of an accredited veterinarian, the livestock
26  consigned and delivered on the premises of any licensed public livestock
27  market is injured, disabled or diseased beyond recovery in any of the
28  conditions described in subsection (a), such veterinarian shall euthan-
29  ize humanely the livestock or direct the consignor to immediately remove
30  the livestock from the premises of the public livestock market. All expenses
31  incurred for euthanasia and disposal of the livestock under the provisions
32  of this subsection shall be the responsibility of the consignor. Collection
33  of expenses shall not be the responsibility of the consignee.
34    (c)   All livestock consigned and delivered on the premises of any
35  licensed public livestock market, before being offered for sale, shall be
36  inspected by a veterinarian authorized by the commissioner who shall
37  visually examine or test, or both, each animal consigned to such market,
38  for the purpose of determining its condition of health and freedom of
39  clinical signs of infectious or contagious animal diseases that are deter-
40  mined to be reportable by the livestock commissioner. Such regulatory
41  veterinary services shall be contracted for by the livestock commissioner
42  who shall select an accredited veterinarian for each public livestock mar-
43  ket. The public livestock market operator, for each public livestock mar-
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 1  ket, shall submit to the livestock commissioner a list of accredited vet-
 2  erinarians to be considered for the position or positions. Such veterinarian
 3  shall be authorized to make all required examinations and tests, and to
 4  issue certificates of inspection at the public livestock market where such
 5  veterinarian serves. All livestock sold, resold, exchanged or transferred,
 6  or offered for sale or exchange at a livestock market shall be treated as
 7  may be necessary to prevent the spread of contagious or infectious dis-
 8  eases. A certificate of inspection, on a form to be approved by the com-
 9  missioner, shall be issued to the purchaser by the inspector. For the visual
10  inspection of livestock offered for sale, there shall be collected by the
11  market operator from the consignor a fee which shall be determined by
12  negotiation between the market operator and the market veterinarian but
13  shall not be less than $.07 per head, except that no fee for inspection shall
14  be collected unless the inspection actually has been made. If the charges
15  per head collected on all livestock inspected at a livestock market on any
16  sales day do not amount to a minimum per diem of $40 or any amount
17  greater than $40 negotiated by the operator, the market operator shall
18  be required to supply sufficient funds to provide such amount. Any
19  amount lesser or greater than the $40 amount specified, shall be deter-
20  mined by negotiation between the market operator and the market vet-
21  erinarian. A copy of any agreement or contract shall be on file with the
22  commissioner. Payments for veterinary services rendered under a con-
23  tract as provided in this section shall be paid from the veterinary inspec-
24  tion fee fund, and for such services rendered prior to the end of a fiscal
25  year, payment may be made within 90 days after the end of the fiscal
26  year.
27    (b) (d)  Livestock market operators shall pay amounts received and
28  amounts due under this section to the livestock commissioner. The com-
29  missioner shall remit all such amounts received to the state treasurer at
30  least monthly. Upon receipt of any such remittance the state treasurer
31  shall deposit the entire amount thereof in the state treasury and the same
32  shall be credited to the veterinary inspection fee fund. All expenditures
33  from such fund shall be made in accordance with appropriation acts upon
34  warrants of the director of accounts and reports issued pursuant to vouch-
35  ers approved by the commissioner or by a person or persons designated
36  by such commissioner.
37    (c) (e)  The livestock commissioner shall promulgate rules and regu-
38  lations as may be necessary to carry out the purposes of this section,
39  including, but not limited to, rules and regulations designating any disease
40  as a disease that renders livestock permanently disabled or the carcasses
41  thereof permanently unfit for human consumption. The livestock com-
42  missioner shall promulgate all such rules and regulations in accordance
43  with existing antemortem inspection guidelines of the United States de-
SB 63--Am. by H
                                     

 1  partment of agriculture food safety inspection service.
 2    Sec. 2. 3.  K.S.A. 47-122a and K.S.A. 1996 Supp. 47-1008 is are
 3  hereby repealed.
 4    Sec. 3. 4.  This act shall take effect and be in force from and after its
 5  publication in the statute book.