An Act concerning public livestock markets; relating to occasional sales; amending K.S.A. 47-1001d and K.S.A. 1995 Supp. 47-1001 and repealing the existing sections.

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

Section 1. K.S.A. 1995 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.

Sec. 2. K.S.A. 47-1001d is hereby amended to read as follows: 47- 1001d. Any stockyard, livestock market, sales ring, or other business within the definition of a public livestock market, operated and conducted as such at the effective date of this act, and the holder of a license therefor as now provided by state law, and any livestock market which is exempted from the necessity of obtaining a public livestock market license at the effective date of this act because it has federal veterinary inspection reg- ularly maintained, shall be issued a market license upon application and payment of the annual fee without hearing: Provided, That such appli- cation and payment shall be made not later than June 30, 1965, or within thirty (30) days thereafter: And provided, That in the case of a livestock market exempted on the effective date of this act because it has federal veterinary inspection regularly maintained, such application and payment shall be made within thirty (30) days after such federal veterinary in- spection, regularly maintained, is terminated. (a) The livestock commis- sioner, through rules and regulations, may exempt occasional livestock sales or issue a license for such occasional livestock sales at a fee of not more than $100 without a hearing.

(b) All livestock consigned and delivered on the premises of any li- censed occasional livestock sale, before being offered for sale, shall be inspected by a licensed veterinarian who shall visually examine each an- imal consigned to such sale, for the purpose of determining its condition of health and freedom of clinical signs of infectious or contagious animal diseases that are determined to be reportable by the livestock commis- sioner. Such veterinarian may issue certificates of inspections, on a form to be approved by the commissioner.

(c) Licensed occasional livestock sales shall not: (1) Collect a fee per head pursuant to K.S.A. 47-1011, and amendments thereto; (2) collect an inspection fee per head pursuant to K.S.A. 47-1008, and amendments thereto; or (3) be required to furnish a bond in the manner required by K.S.A. 47-1002, and amendments thereto.

Sec. 3. K.S.A. 47-1001d and K.S.A. 1995 Supp. 47-1001 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 4, 1996.