An Act concerning the Kansas animal dealer act; renaming the act the Kansas pet animal act; amending K.S.A. 47-1702, 47-1703, 47-1706, 47-1707, 47-1709, 47-1711, 47-1713, 47-1715, 47-1718, 47-1719, 47-1720, 47-1721, 47-1723, 47-1724, 47-1725, 47-1726 and 47-1727 and K.S.A. 1995 Supp. 47-1701, 47-1704, 47-1710, 47-1712 and 47-1731 and repealing the existing sections; also repealing K.S.A. 47-1722.

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

New Section 1. (a) Any licensee or permit holder required to be licensed or obtain a permit under the Kansas pet animal act, who is in the process of ceasing to do business on July 1, may be issued a temporary closing permit at the discretion of the commissioner.

(b) Application for such permit shall be made in writing on a form provided by the commissioner.

(c) The permit will be effective for 30 days. During the 30-day period, the licensee or permit holder shall be required to comply with the Kansas pet animal act and all rules and regulations adopted thereunder. By ac- cepting such permit, the licensee or permit holder agrees to allow an inspection of the facility at the end of the 30-day period to certify that the operation has ceased business. The licensee or permit holder shall provide records as to the disposition of the animals to the commissioner upon request.

(d) The permit may be renewed, at the discretion of the commis- sioner, for an additional 30-day period.

(e) This section shall be part of and supplemental to the Kansas pet animal act.

New Sec. 2. (a) It shall be unlawful for any person to act as or be an animal breeder unless such person has obtained from the commissioner an animal breeder license for each animal breeder premises operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.

(b) This section shall be part of and supplemental to the Kansas pet animal act.

New Sec. 3. (a) It shall be unlawful for any person to act as or be an out-of-state distributor of dogs or cats, or both, within the state of Kansas unless such person has obtained from the commissioner an out-of-state distributor permit. Application for each such permit shall be made in writing on a form provided by the commissioner. The permit period shall be for the permit year ending on June 30 following the issuance date.

(b) This section shall be part of and supplemental to the Kansas pet animal act.

New Sec. 4. (a) A licensee, permittee or applicant for a license or permit shall not interfere with, hinder, threaten or abuse, including verbal abuse, any representative or employee of the animal health department who is carrying out such representative's or employee's duties under the provisions of the Kansas pet animal act.

(b) This section shall be part of and supplemental to the Kansas pet animal act.

New Sec. 5. (a) It shall be unlawful for any person to act as or be a retail breeder unless such person has obtained from the commissioner a retail breeder license for each retail breeder premises operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.

(b) This section shall be part of and supplemental to the Kansas pet animal act.

Sec. 6. K.S.A. 1995 Supp. 47-1701 is hereby amended to read as follows: 47-1701. As used in the Kansas pet animal dealers act, unless the context otherwise requires:

(a) ``Adequate feeding'' means supplying at suitable intervals (not to exceed 24 hours) of a quantity of wholesome foodstuff, suitable for the animal species and age, and sufficient to maintain a reasonable level of nutrition in each animal.

(b) ``Adequate watering'' means a supply of clean, fresh, potable wa- ter, supplied in a sanitary manner and either continuously accessible to each animal or supplied at intervals suitable for the animal species, not to exceed intervals of 12 hours.

(c) ``Ambient temperature'' means the temperature surrounding the animal.

(d) (1) ``Animal'' means any live dog, cat, rabbit, rodent, nonhuman primate, bird or other warm-blooded vertebrate or any fish, snake or other cold-blooded vertebrate.

(2) Animal does not include horses, cattle, sheep, goats, swine, ratites, domesticated deer or domestic fowl.

(e) ``Animal dealer breeder'' means any person who operates animal dealer breeder premises.

(f) (1) ``Animal dealer breeder premises'' means any premises where all or part of six or more litters of dogs or cats, or both, or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at wholesale for resale to another.

(2) Animal dealer premises does not include: (A) Any pound, no-kill shelter or animal shelter; or (B) any premises described in subsection (m)(1).

(g) ``Animal shelter'' or ``pound'' means a facility which is used for the purpose of impounding or harboring or designed for use to house, contain, impound or harbor any seized stray, homeless, relinquished or abandoned animal and which is owned, operated or maintained by a duly incorporated humane society, animal welfare society, society for the pre- vention of cruelty to animals or other nonprofit corporate organizations devoted to the welfare, protection and humane treatment of animals or a person who acts as an animal rescuer, or who collects and cares for unwanted animals or offers them for adoption. Animal shelter or pound also includes a facility of an individual or organization, profit or non- profit, maintaining 20 or more dogs or cats, or both, for the purpose of collecting, accumulating, amassing or maintaining the animals or offering the animals for adoption.

(h) ``Cat'' means an animal which is wholly or in part of the species Felis domesticus.

(i) ``Commissioner'' means the livestock commissioner appointed by the Kansas animal health board.

(j) ``Dog'' means any animal which is wholly or in part of the species Canis familiaris but does not include any greyhound, as defined by K.S.A. 74-8802 and amendments thereto.

(k) ``Dog warden'' ``Animal control officer'' means any person em- ployed by, contracted with or appointed by the state, or any political subdivision thereof, for the purpose of aiding in the enforcement of this law, or any other law or ordinance relating to the licensing or permitting of animals, control of animals or seizure and impoundment of animals, and includes any state, county or municipal law enforcement officer, an- imal control officer dog warden, constable or other employee, whose du- ties in whole or in part include assignments which involve the seizure or taking into custody of any animal.

(l) ``Euthanasia'' means the humane destruction of an animal, which may be accomplished by any of those methods provided for in K.S.A. 47- 1718 and amendments thereto.

(m) (1) ``Hobby kennel breeder premises'' means any premises where only all or part of 3, 4 or 5 litters of dogs or cats, or both, which are produced and raised on such premises are for sale or sold, or offered or maintained for sale, by a person who resides on such premises, but only if the total number of dogs or cats, or both, which are produced and raised on such premises and are sold during the registration year is fewer than all or part of six litters of animals or. This provision applies only if the total number of dogs or cats, or both, sold, offered or maintained for sale is less than 30 individual animals, whichever is less, whether such animals are dogs or cats, or both.

(2) Hobby kennel does not include: (A) Any pound, no-kill shelter or animal shelter; or (B) any premises where fewer than all or part of three litters of animals, whether dogs or cats, or both, are sold during the reg- istration year.

(n) ``Hobby kennel operator breeder'' means any person who operates a hobby kennel breeder premises.

(o) ``Housing facility'' means any room, building or area used to con- tain a primary enclosure or enclosures.

(p) (1) ``Kennel operator'' means any person who operates an estab- lishment where animals four or more dogs or cats, or both, are maintained in any one week for boarding, training or similar purposes for a fee or compensation.

(2) Kennel operator does not include an ``animal dealer,'' ``pet shop'' or ``hobby kennel'' or any person on whose premises there are maintained, fewer than four dogs or cats, or both, in any one week.

(q) ``Kennel operator premises'' means the facility of a kennel oper- ator.

(r) ``License year'' or ``registration year'' ``permit year'' means the 12- month period ending on June 30.

(s) ``No-kill shelter'' means a facility where 20 or more dogs or cats, or both, are maintained for the purpose of collecting, accumulating, amassing or maintaining the animals, or offering the animals for adoption. A no-kill shelter is a shelter that does not prescribe to euthanasia of un- wanted animals.

(t) (s) ``Person'' means any individual, association, partnership, cor- poration or other entity.

(u) (1) ``Pet shop'' means any premises where there are sold, or of- fered or maintained for sale, at retail and not for resale to another: (A) Any dogs or cats, or both; or (B) any other animals except those which are produced and raised on such premises and are sold, or offered or maintained for sale, by a person who resides on such premises.

(2) Pet shop does not include: (A) Any pound, no-kill shelter or ani- mal shelter; (B) any premises where only fish are sold, or offered or maintained for sale; or (C) any animal dealer premises, or any premises described in subsection (m)(1), where the only animals, other than dogs or cats, which are sold, or offered or maintained for sale, are animals which are produced and raised on such premises and are sold, or offered or maintained for sale, by a person residing on such premises

(t) (1) ``Pet shop'' means any premises where there are sold, or offered or maintained for sale, at retail and not for resale to another:

(A) Any dogs or cats, or both; or (B) any other animals except those which are produced and raised on such premises and are sold, or offered or maintained for sale, by a person who resides on such premises.

(2) Pet shop does not include: (A) Any pound or animal shelter; (B) any premises where only fish are sold, or offered or maintained for sale; or (C) any animal distributor premises, hobby breeder premises, retail breeder premises or animal breeder premises.

(3) Nothing in this section prohibits inspection of those premises which sell only fish to verify that only fish are being sold.

(v) (u) ``Pet shop operator'' means any person who operates a pet shop.

(w) ``Pound'' means a facility which is used for the purpose of im- pounding or harboring any seized stray, homeless or abandoned animal and which is operated:

(1) By the state or a political subdivision of the state; or

(2) under contract with any municipality or incorporated society for the prevention of cruelty to animals.

(x) (v) ``Primary enclosure'' means any structure used or designed for use to restrict any animal to a limited amount of space, such as a room, pen, cage, compartment or hutch.

(y) (w) ``Research facility'' means any place, laboratory or institution, except an elementary school, secondary school, college or university, at which any scientific test, experiment or investigation involving the use of any living animal is carried out, conducted or attempted.

(z) (x) ``Sale,'' ``sell'' and ``sold'' include transfers by sale or exchange. Maintaining animals for sale is presumed whenever 20 or more dogs or cats, or both, are maintained by any person.

(aa) (y) ``Sanitize'' means to make physically clean and to remove and destroy, to a practical minimum, agents injurious to health, at such inter- vals as necessary.

(z) ``Animal distributor'' means any person who operates an animal distributor premises.

(aa) ``Animal distributor premises'' means the premises of any person engaged in the business of buying for resale dogs or cats, or both, as a principal or agent, or who holds such distributor's self out to be so en- gaged.

(bb) ``Out-of-state distributor'' means any person residing in a state other than Kansas, who is engaged in the business of buying for resale dogs or cats, or both, within the state of Kansas, as a principal or agent.

(cc) ``Food animals'' means rodents, rabbits, reptiles, fish or amphib- ians that are sold or offered or maintained for sale for the sole purpose of being consumed as food by other animals.

(dd) (1) ``Adequate veterinary medical care'' means:

(A) A documented program of disease control and prevention, eutha- nasia and routine veterinary care shall be established and maintained under the supervision of a licensed veterinarian, on a form provided by the commissioner, and shall include a documented on-site visit to the premises by the veterinarian at least once a year; and

(B) that diseased, ill, injured, lame or blind animals shall be provided with veterinary care as is needed for the health and well-being of the animal.

(2) As used in the Kansas pet animal act, ``adequate veterinary med- ical care'' shall not apply to United States department of agriculture li- censed animal breeders or animal distributors.

(ee) ``Ratites'' means all creatures of the ratite family that not indig- enous to this state, including, but not limited to, ostriches, emus and rheas.

(ff) ``Retail breeder'' means any person who operates a retail breeder premises.

(gg) ``Retail breeder premises'' means any premises where all or part of six or more litters or 30 or more dogs or cats, or both, are sold, or offered or maintained for sale, primarily at retail and not for resale to another.

(hh) ``Retail'' means any transaction where the animal is sold to the final consumer.

(ii) ``Wholesale'' means any transaction where the animal is sold for the purpose of resale to another.

Sec. 7. K.S.A. 47-1702 is hereby amended to read as follows: 47- 1702. Except as otherwise provided by K.S.A. 47-1722, it shall be unlawful for any person, other than a person licensed under public law 91-579 (7 U.S.C. (section) 2131 et seq.), to act as or be an animal dealer unless such person has obtained from the commissioner an animal dealer license for each animal dealer premises operated by such person. Except as otherwise provided by K.S.A. 47-1722, on and after January 1, 1989, It shall be unlawful for any person licensed under public law 91-579 (7 U.S.C. (section) 2131 et seq.) to act as or be an animal dealer distributor unless such person has obtained from the commissioner an animal dealer distributor license for each animal dealer distributor premises operated by such per- son. Application for such license shall be made in writing on a form pro- vided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.

Sec. 8. K.S.A. 47-1703 is hereby amended to read as follows: 47- 1703. Except as otherwise provided by K.S.A. 47-1722, It shall be unlaw- ful for any person to act as or be a pet shop operator unless such person has obtained from the commissioner a pet shop operator license for each pet shop operated by such person. Application for each such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the is- suance date.

Sec. 9. K.S.A. 1995 Supp. 47-1704 is hereby amended to read as follows: 47-1704. It shall be unlawful for any person to operate a pound, no-kill shelter or animal shelter, except a licensed veterinarian who op- erates such pound or animal shelter from such licensed veterinarian's clinic, unless a license for such pound, no-kill shelter or shelter has been obtained from the commissioner. Application for such license shall be made on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the issuance date.

Sec. 10. K.S.A. 47-1706 is hereby amended to read as follows: 47- 1706. (a) The commissioner may refuse to issue or renew or may suspend or revoke any license or certificate of registration permit required under K.S.A. 47-1701 et seq. and amendments thereto for any one or more of the following reasons:

(1) Material misstatement in the application for the original license or certificate of registration permit, or in the application for any renewal of a license or certificate of registration permit;

(2) willful disregard of any provision of the Kansas pet animal dealer act or any rule and regulation adopted hereunder, or any willful aiding or abetting of another in the violation of any provision of the Kansas pet animal dealer act or any rule and regulation adopted hereunder;

(3) permitting any license or certificate of registration permit issued hereunder to be used by an unlicensed or unregistered unpermitted per- son or transferred to unlicensed or unregistered unpermitted premises;

(4) the conviction of any crime, an essential element of which is mis- statement, fraud or dishonesty, or relating to the theft of or cruelty to animals;

(5) substantial misrepresentation;

(6) misrepresentation or false promise, made through advertising, salespersons, agents or otherwise, in connection with the operation of business of the licensee or registrant permittee;

(7) fraudulent bill of sale;

(8) the housing facility or the primary enclosure is inadequate; or

(9) the feeding, watering, sanitizing and housing practices at the li- censee's or registrant's permittee's premises are not consistent with the Kansas pet animal dealer act or the rules and regulations adopted hereunder.

(b) Any refusal to issue or renew a license or certificate of registration permit, and any suspension or revocation of a license or certificate of registration permit, under this section shall be in accordance with the provisions of the Kansas administrative procedure act and shall be subject to review in accordance with the act for judicial review and civil enforce- ment of agency actions.

(c) Whenever the commissioner denies, suspends or revokes a license or certificate of registration permit under this section, the commissioner or the commissioner's authorized, trained representatives shall seize and impound any animals in the possession, custody or care of the person whose license or certificate of registration permit is denied, suspended or revoked if there are reasonable grounds to believe that the animals' health, safety or welfare is endangered. Except as provided by K.S.A. 21- 4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the person from whom the animals were seized and impounded, if that person's license or certificate of registration permit is denied, suspended or revoked. Such funds shall be paid to the commissioner for reimburse- ment of care and services provided during seizure and impoundment. If such person's license or certificate of registration permit is not denied, suspended or revoked, the commissioner shall pay the costs of care and services provided during seizure and impoundment.

Sec. 11. K.S.A. 47-1707 is hereby amended to read as follows: 47- 1707. (a) In addition to or in lieu of any other civil or criminal penalty provided by law, the commissioner, upon a finding that a person has violated or failed to comply with any provision of the Kansas pet animal dealer act or any rule and regulation adopted hereunder, may impose on such person a civil fine not exceeding $1,000 for each violation.

(b) Any imposition of a civil fine pursuant to this section shall be only upon notice and a hearing conducted in accordance with the Kansas ad- ministrative procedure act and shall be subject to review in accordance with the act for judicial review and civil enforcement of agency actions.

(c) Whenever the commissioner has reasonable grounds to believe that a person or premises required to be licensed or registered permitted under the Kansas pet animal dealer act has failed to comply with or has violated any provision of the Kansas pet animal dealer act or any rule and regulation adopted hereunder and that the health, safety or welfare of animals in such person's possession, custody or care is endangered thereby, the commissioner shall seize and impound such animals using emergency adjudicative proceedings in accordance with the Kansas ad- ministrative procedure act. Except as provided by K.S.A. 21-4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive ade- quate care by that person or such animals may be sold, placed or euthan- ized, at the discretion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the person from whom the animals were seized and impounded, if that person is found to be in violation of the Kansas pet animal dealer act or any rules and regulations adopted hereunder. Such funds shall be paid to the com- missioner for reimbursement of care and services provided during seizure and impoundment. If such person is not found to be in violation of the Kansas pet animal dealer act or any rules and regulations adopted hereunder, the commissioner shall pay the costs of care and services pro- vided during seizure and impoundment.

Sec./007006/K.S.A. 47-1709 is hereby amended to read as follows: 47- 1709. (a) The commissioner or the commissioner's authorized, trained representatives shall make an inspection of the premises for which an application for an original license or permit is made under K.S.A. 47-1701 et seq., and amendments thereto, before issuance of such license or per- mit. The application for a license shall conclusively be deemed to be the consent of the applicant to the right of entry and inspection of the prem- ises sought to be licensed or permitted by the commissioner or the com- missioner's authorized, trained representatives at reasonable times with the owner or owner's representative present. Refusal of such entry and inspection shall be grounds for denial of the license or permit. Notice need not be given to any person prior to inspection.

(b) The commissioner or the commissioner's authorized, trained rep- resentatives shall may make an inspection of each premises for which a license or permit has been issued under K.S.A. 47-1701 et seq., and amendments thereto. If such premises are premises of a person licensed or permitted under public law 91-579 (7 U.S.C. (section) 2131 et seq.), such premises shall may be inspected at least once each year. Otherwise, the premises shall may be inspected at least twice each year. The acceptance of a license or permit shall conclusively be deemed to be the consent of the licensee or permittee to the right of entry and inspection of the li- censed or permitted premises by the commissioner or the commissioner's authorized, trained representatives at reasonable times with the owner or owner's representative present. Refusal of such entry and inspection shall be grounds for suspension or revocation of the license or permit. Notice need not be given to any person prior to inspection.

(c) The commissioner or the commissioner's authorized, trained rep- resentatives shall make inspections of the premises of a person required to be licensed or registered permitted under K.S.A. 47-1701 et seq., and amendments thereto, upon a determination by the commissioner that there are reasonable grounds to believe that the person is violating the provisions of K.S.A 47-1701 et seq., and amendments thereto, or rules and regulations adopted thereunder or that there are grounds for sus- pension or revocation of such person's license or certificate of registration permit.

(d) Any complaint filed with the commissioner shall be confidential and shall not be released to any person other than employees of the commissioner as necessary to carry out the duties of their employment.

(e) Any person making inspections under this section shall be trained by the commissioner in reasonable standards of animal care.

(f) The commissioner may request a licensed veterinarian to assist in any inspection or investigation made by the commissioner or the com- missioner's authorized representative under this section.

(g) Any person acting as the commissioner's authorized representa- tive for purposes of making inspections and conducting investigations under this section who knowingly falsifies the results or findings of any inspection or investigation or who intentionally fails or refuses to make an inspection or conduct an investigation pursuant to this section shall be guilty of a class A nonperson misdemeanor.

(h) No person shall act as the commissioner's authorized represen- tative for the purposes of making inspections and conducting investiga- tions under this section if such person has a beneficial interest in a person required to be licensed or registered permitted pursuant to K.S.A. 47- 1701 et seq., and amendments thereto.

(i) Records of inspections pursuant to this section shall be maintained in the office of the Kansas animal health department. Records of a defi- ciency or violation shall not be maintained for longer than three years after the deficiency or violation is remedied.

Sec./007006/K.S.A. 1995 Supp. 47-1710 is hereby amended to read as follows: 47-1710. (a) The governing body of a political subdivision regu- lating the operation of a pound shall determine the method of disposition of any animal released from such pound. Any proceeds derived from the sale or other disposition of such animals shall be paid directly to the treasurer of the political subdivision, and no part of such proceeds shall accrue to any individual.

(b) The board of directors of any incorporated humane society op- erating an animal shelter as a pound, under contract with a municipality, shall determine the method of disposition of any animal released from its animal shelter. Any proceeds derived from such sale or disposition shall be paid directly to the treasurer of the humane society and no part of such proceeds shall accrue to any individual.

(c) The board of directors of any incorporated no-kill shelter oper- ating a no-kill shelter as a pound, under contract with a municipality, shall determine the method of disposition of any animal released from its no- kill shelter. Any proceeds derived from such sale or disposition shall be paid directly to the treasurer of the no-kill shelter and no part of such proceeds shall accrue to any individual.

(d) (c) An animal shall not be disposed of by an animal dealer operator of a pound, operator of a no-kill shelter as a pound or operator of an animal shelter as a pound until after expiration of a minimum of three full days of custody during which the public has clear access to inspect or and recover the animal through time periods ordinarily accepted as usual business hours. During such time of custody, any owner or operator of such facility shall attempt to notify the owner or custodian of any animal maintained or impounded by such facility if such owner or custodian is known or reasonably ascertainable. Such an animal may at any time be released to the legal owner, moved to a veterinary hospital for treatment or observation, released in any manner, if such animal was a gift animal to an animal shelter, or euthanized by a duly incorporated humane society or by a licensed veterinarian if it appears to an officer of such humane society or to such veterinarian that the animal is diseased or disabled beyond recovery for any useful purpose.

Sec./007006/K.S.A. 47-1711 is hereby amended to read as follows: 47- 1711. A dog warden An animal control officer shall not be granted an animal dealer's distributor's, retail breeder's, hobby breeder's or a pet shop operator's license. Each application for an animal dealer's license or a pet shop operator's any such license shall include a statement that nei- ther the applicant nor any of his the applicant's employees is a dog warden an animal control officer. A dog warden An animal control officer, upon taking custody of any animal in the course of his such officer's official duties, shall immediately make a record which shall include the color, breed, sex, approximate weight and other description of the animal, the reason for seizure, the location of seizure, the owner's name and address, if known, the animal license number, and any other identification num- ber. Complete information relating to the disposition of the animal shall be shown on the record; this shall be added immediately following the disposition of the animal.

Sec./007006/K.S.A. 1995 Supp. 47-1712 is hereby amended to read as follows: 47-1712. (a) The commissioner is hereby authorized to adopt rules and regulations for hobby kennels, kennel operators, pounds, no- kill shelters, animal shelters, pet shops and research facilities licensees and permittees. Such rules and regulations shall include, but not be lim- ited to, provisions relating to: (1) Reasonable treatment of animals in the possession, custody or care of a licensee or registrant permittee or being transported to or from licensed or registered permitted premises; (2) a requirement that each licensee and registrant permittee file with the com- missioner evidence that animals entering or leaving the state are free from any visible symptoms of communicable disease; (3) identification of ani- mals handled; (4) primary enclosures; (5) housing facilities; (6) sanitation; (7) euthanasia; (8) ambient temperatures; (9) feeding; (10) watering; (11) adequate veterinary medical care; (12) inspections of licensed or regis- tered permitted premises, investigations of complaints and training of persons conducting such inspections and investigations; and (13) a re- quirement that each licensee or permittee keep and maintain, for inspec- tion by the commission, such records as necessary to administer and en- force the provisions of the Kansas pet animal dealer act.

(b) The commissioner shall only adopt as rules and regulations for animal dealers and animal dealer United States department of agriculture licensed animal distributors and animal breeders, and animal distributor and animal breeder premises the rules and regulations promulgated by the secretary of the United States department of agriculture, cited at 9 C.F.R. 3.1 through 3.12, pursuant to the provisions of the United States public law 91-579 (7 U.S.C. (section) 2131 et seq.), commonly known as the animal welfare act and.

(c) Notwithstanding any provision in subsection (b), the commis- sioner may adopt a requirement that each animal dealer licensee and permittee file with the commissioner evidence that animals entering or leaving the state are free from any visible symptoms of communicable disease.

Sec./007006/K.S.A. 47-1713 is hereby amended to read as follows: 47- 1713. The commissioner may prohibit the sale or gift within the state of animals or exotic pet animals which constitute a hazard to human health or safety or to animal health or safety.

Any animal or exotic pet animal sold by a pet shop operator licensed pursuant to the provisions of this act shall be accompanied by a written instrument issued by such pet shop operator on a form prescribed by the commissioner certifying that such animal is in sound health.

Sec./007006/K.S.A. 47-1715 is hereby amended to read as follows: 47- 1715. (a) Any violation of or failure to comply with any provision of the Kansas pet animal dealer act, or any rule and regulation adopted here- under, shall constitute a class A nonperson misdemeanor. Continued oper- [chation, after a conviction, shall constitute a separate offense for each day of operation.

(b) Upon a conviction of a person for any violation of the Kansas pet animal dealer act, or any rule and regulation adopted hereunder, the court shall order the commissioner to seize and impound any animals in the convicted person's possession, custody or care if there are reasonable grounds to believe that the animals' health, safety or welfare is endan- gered. Except as provided by K.S.A. 21-4311, and amendments thereto, such animals may be returned to the person owning them if there is satisfactory evidence that the animals will receive adequate care by that person or such animals may be sold, placed or euthanized, at the discre- tion of the commissioner. Costs of care and services for such animals while seized and impounded shall be paid by the convicted person. Such funds shall be paid to the commissioner for reimbursement of care and services provided during seizure and impoundment. If the person is not convicted, the commissioner shall pay the costs of care and services pro- vided during seizure and impoundment.

Sec./007006/K.S.A. 47-1718 is hereby amended to read as follows: 47- 1718. (a) No animal shall be euthanized by any dog warden animal control officer, licensee, permittee, officer of an animal shelter or officer of a pound by any means, method, agent or device, or in any way, except as follows:

(1) By administration of sodium pentobarbital, or any other barbitu- rate, or a euthanasia solution marketed under the trade name T-61, by any of the following methods and under the following conditions:

(A) Intravenous or intra-cardial injection of a lethal solution;

(B) oral ingestion by animals of powdered sodium pentobarbital in capsules mixed with food, with the animal remaining in its individual cage until dead (suited for use with vicious or intractable animals);

(C) intraperitoneal or intra-cardial injection in animals when location of and injection into the vein is difficult or impossible;

(D) use of an undamaged hypodermic needle of a size suitable for the size and species of animal;

(E) administration to be only by or under the supervision of a licensed veterinarian.

(2) By the use of carbon monoxide gas administered in a tightly-en- closed chamber equipped with:

(A) Internal lighting and viewport providing direct visual observation of any animal within the chamber;

(B) a gas generation process adequate to achieve a carbon monoxide gas concentration throughout the chamber of at least five percent (5%) within five (5) minutes after any animal is placed in the chamber;

(C) a suitable gauge or gas concentration indicator or recording de- vice making possible easy and instantaneous visual determination of the carbon monoxide concentration in the chamber;

(D) a means of cooling the gas, if from an internal combustion gas- oline engine, to a temperature not exceeding one hundred fifteen (115) degrees fahrenheit at point of entry into the chamber and to one hundred (100) degrees at any point within the chamber, as determined by tem- perature gauges permanently installed at point of entry and inside the chamber;

(E) means of removing or filtering out all noxious fumes, irritating acids and carbon particles from the gas before it enters the chamber;

(F) if an internal combustion engine is used for gas generation, a means of substantially deadening the sound and vibration transmission from the engine to the chamber, by placing them in separate rooms or soundproof compartments and connecting them with a flexible tubing or pipe at least twenty-four (24) inches in length, so that the noise level within the chamber shall not exceed seventy (70) dBA;

(G) a means of keeping the animals in the chamber in separate com- partments, except that young animals from the same litter may be placed in a single compartment with their female parent;

(H) an exhaust fan connected by a gas-tight duct to the outdoors, capable of completely evacuating the gas from the chamber before it is opened after each use, for the protection of personnel.

(3) Animals under six months of age, may be euthanized with chlo- roform, or with a mixture of chloroform and carbon dioxide by a means approved in writing by any licensed veterinarian after inspecting the equipment and method, provided the following requirements are ob- served:

(A) The animal to be euthanized must be placed in an individual cage or compartment in a small chamber or box having a tight seal, or in a transparent trash bag which can be closed tight after introduction of the chloroform;

(B) the chloroform, with the dose sufficient to euthanize the size of animal, shall be placed on a paper towel, piece of gauze or ball of cotton, and inserted into the chamber or bag in such a position that the animal shall not be able to come in direct contact with it;

(C) the chamber or box, if used, must have a viewport sufficient to permit unobstructed observation of the animal until dead;

(D) the animal must remain in the chamber or bag until rigor mortis has set in;

(E) the room in which the chloroform is administered must have forced ventilation to remove all fumes after each use, for the protection of personnel;

(F) if a mixture of chloroform and carbon dioxide is used, the carbon dioxide shall be from a cylinder of commercially-produced gas, with the gas introduced into the chamber immediately after introduction of the chloroform through a valve which produces only a minimum of noise and permits rapid distribution within the box, with an air vent at the top of the chamber to permit exit of displaced air.

(4) By shooting, or use of a captive-bolt pistol, provided all of the following requirements are met:

(A) The animal is restrained in a humane manner so as to make pos- sible an accurate shot without the animal becoming unduly agitated;

(B) a weapon and ammunition of suitable caliber and other charac- teristics are used so as to produce death with a single shot to the brain, with the bullet entering the skull at a point approximately at the point where two lines drawn diagonally from each eye to the back of the op- posite ear cross;

(C) adequate precautions are taken to avoid danger to other animals and to personnel by ricocheting bullets;

(D) a captive-bolt pistol may be substituted for gun and ammunition, to provide instantaneous unconsciousness by penetration of the skull and brain, to be followed by any suitable method of producing death if the animal is not dead as a result of such penetration through the most cur- rent, approved euthanasia methods established by the American veteri- nary medical association panel on euthanasia.

(b) This section shall be part of and supplemental to article 17 of chapter 47 of the Kansas Statutes Annotated.

Sec. 19. K.S.A. 47-1719 is hereby amended to read as follows: 47- 1719. (a) On and after January 1, 1989, It shall be unlawful for any person to act as or be a hobby kennel operator breeder unless such person has obtained from the commissioner a hobby kennel operator certificate of registration breeder license. Application for such certificate license shall be made in writing on a form provided by the commissioner. The regis- tration license period shall be for the registration license year ending on June 30 following the issuance date.

(b) This section shall be part of and supplemental to K.S.A. 47-1701 et seq. and amendments thereto.

Sec. 20. K.S.A. 47-1720 is hereby amended to read as follows: 47- 1720. (a) On and after January 1, 1989, It shall be unlawful for any person to operate a research facility unless such person has obtained from the commissioner a research facility license. Application for such license shall be made in writing on a form provided by the commissioner. The license period shall be for the license year ending on June 30 following the is- suance date.

(b) This section shall be part of and supplemental to K.S.A. 47-1701 et seq. and amendments thereto.

Sec. 21. K.S.A. 47-1721 is hereby amended to read as follows: 47- 1721. (a) Each application for issuance or renewal of a license or certifi- cate of registration permit required under K.S.A. 47-1701 et seq. and amendments thereto shall be accompanied by the fee prescribed by the commissioner under this section. Such fees shall be as follows:

(1) Except as provided in paragraph (5), for a license for premises of a person licensed under public law 91-579 (7 U.S.C. (section) 2131 et seq.), an amount not to exceed $150.

(2) Except as provided in paragraph (5), for a license for any other premises, an amount not to exceed $300.

(3) For a certificate of registration, an amount not to exceed $75.

(3) For a temporary closing permit, an amount not to exceed $75.

(4) For an out-of-state distributor permit, an amount not to exceed $500.

(5) For a hobby breeder license or a kennel operator license an amount not to exceed $75.

(6) A late fee of $50 shall be assessed to any person whose permit or license renewal is more than 45 days' late.

(b) The commissioner shall determine annually the amount necessary to carry out and enforce K.S.A. 47-1701 et seq. and amendments thereto for the next ensuing fiscal year and shall fix by rules and regulations the license and registration permit fees for such year at the amount necessary for that purpose, subject to the limitations of this section. In fixing such fees, the commissioner may establish categories of licenses and registra- tions permits, based upon the type of license or registration permit, size of the licensed or registered permitted business or activity and the prem- ises where such business or activity is conducted, and may establish dif- ferent fees for each such category. The fees in effect immediately prior to the effective date of this act shall continue in effect until different fees are fixed by the commissioner as provided by this subsection.

(c) If a licensee, registrant permittee or applicant for a license or registration permit requests an inspection of the premises of such li- censee, registrant permittee or applicant, the commissioner shall assess the costs of such inspection, as established by rules and regulations of the commissioner, to such licensee, registrant permittee or applicant.

(d) No fee or assessment required pursuant to this section shall be refundable.

(e) The commissioner shall remit all moneys received by or for the commissioner under this section to the state treasurer at least monthly. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and shall credit it to the animal dealers fee fund, which is hereby created in the state treasury. Moneys in the animal dealers fee fund may be expended only to administer and enforce K.S.A. 47-1701 et seq., and amendments thereto. All expenditures from the animal dealers fee fund shall be made in accordance with ap- propriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the Kansas livestock commis- sioner or the commissioner's designee.

(f) Premises required to be licensed under the Kansas pet animal act shall not be required to pay for more than one license. If more than one operation is ongoing at the premises, each operation shall comply with the applicable statutes and rules and regulations pertaining to such op- eration.

(g) Except as provided further, when a premises required to be li- censed or permitted under the Kansas pet animal act applies for an initial license or permit, the commissioner shall prorate to the nearest whole month the license or permit fee established in subsection (a). The com- missioner shall have discretion to determine whether the application is an initial application or an application for a premises which has been doing business but is not licensed or permitted. If the commissioner determines the premises has been doing business without a license or permit, the commissioner is not required to prorate the fee.

(f) (h) This section shall be part of and supplemental to K.S.A. 47- 1701 et seq. and amendments thereto.

Sec. 22. K.S.A. 47-1723 is hereby amended to read as follows: 47- 1723. (a) On and after June 30, 1991, It shall be unlawful for any person, except a licensed veterinarian, to act as or be a kennel operator unless such person has obtained from the commissioner a kennel operator cer- tificate of registration license for each premises operated by such person. Application for such certificate license shall be made in writing on a form provided by the commissioner. The registration license period shall be for the registration license year ending on June 30 following the issuance date.

(b) This section shall be part of and supplemental to K.S.A. 47-1701 et seq., and amendments thereto.

Sec. 23. K.S.A. 47-1724 is hereby amended to read as follows: 47- 1724. (a) It shall be unlawful for any person to knowingly purchase a dog or a cat for the purpose of resale to another from a person required to be licensed or registered permitted under public law 91-579, 7 U.S.C. (section) 2131 et seq., or K.S.A. 47-1701 et seq., and amendments thereto, or both, if that person is not so licensed or registered permitted.

(b) It shall be unlawful for licensees to knowingly sell to out-of-state distributors, animal distributors or pet shops operating within the state who are not permitted or licensed in accordance with the Kansas pet animal act.

Sec. 24. K.S.A. 47-1725 is hereby amended to read as follows: 47- 1725. (a) There is hereby created the Kansas companion pet animal ad- visory board, consisting of nine 10 members. Members shall be appointed by the governor as follows:

(1) One member shall be a representative of the Kansas federation of humane societies a licensed animal shelter or pound;

(2) one member shall be an employee of a licensed research facility licensed under K.S.A. 47-1720, and amendments thereto;

(3) one member shall be a companion licensed animal breeder, ac- tively engaged in the breeding of companion animals, licensed under the Kansas animal dealer act and shall be selected from a list of three names presented to the governor by the American professional pet distributors, inc.;

(4) one member shall be a companion licensed animal broker, actively engaged in buying and selling companion animals, licensed under the Kansas animal dealer act and shall be selected from a list of three names presented to the governor by the American professional pet distributors, inc. retail breeder;

(5) one member shall be a licensed pet shop operator, licensed under the Kansas animal dealer act and shall be selected from a list of three names presented to the governor by the pet industry joint advisory coun- cil;

(6) one member shall be a licensed veterinarian and shall be selected from a list of three names presented to the governor by the Kansas vet- erinary medical association;

(7) one member shall be a private citizen with no link to the industry;

(8) one member shall be a companion licensed animal breeder, ac- tively engaged in the breeding of companion animals, or a companion animal broker, actively engaged in buying and selling companion animals, licensed under the Kansas animal dealer act and shall not be affiliated with an organized companion animal association distributor; and

(9) one member shall be a licensed hobby kennel operator, registered under the Kansas animal dealer act. breeder; and

(10) one member shall be a licensed kennel operator.

(b) Of the members first appointed to the board, the governor shall designate three whose terms shall expire June 30, 1992; three whose terms shall expire June 30, 1993; and three whose terms shall expire June 30, 1994. After the expiration of such terms, each member shall be ap- pointed for a term of three years and until a successor is appointed and qualified.

(c) A vacancy on the board of a member shall be filled for the unex- pired term by appointment by the governor.

(d) The board shall meet at least once every calendar quarter regu- larly or at such other times as the chairperson or a majority of the board members determine. A majority of the members shall constitute a quo- rum for conducting board business.

(e) The members of the board shall annually elect a chairperson.

(f) The board shall have the following duties, authorities and powers:

(1) To advise the Kansas livestock commissioner on hiring a director to implement the Kansas pet animal dealer act;

(2) to review the status of the Kansas pet animal dealer act;

(3) to make recommendations on changes to the Kansas pet animal dealer act; and

(4) to make recommendations concerning the rules and regulations for the Kansas pet animal dealer act.

(g) Board members who are required to be licensed except retail breeders shall be affiliated with or a member of an organized pet animal association which is representative of the position such person will hold on the board.

(h) Upon the effective date of this act, the governor shall appoint a licensed kennel operator. When the current board members' terms expire, the governor shall appoint persons or representatives in accordance with this section.

Sec. 25. K.S.A. 47-1726 is hereby amended to read as follows: 47- 1726. K.S.A. 47-1701 through 47-1722 and 47-1721, K.S.A. 47-1723 through 47-1727, 47-1731, and sections 1 through 5 and amendments thereto, shall be known and may be cited as the Kansas pet animal dealers act. This act shall license, register permit and regulate the conditions of certain premises and facilities within the state of Kansas where animals are maintained, sold or offered or maintained for sale.

Sec. 26. K.S.A. 47-1727 is hereby amended to read as follows: 47- 1727. Notwithstanding the existence or pursuit of any other remedy, when it appears to the commissioner, as head of the licensing and reg- istering permitting agency, that any person is violating any provisions of the Kansas pet animal dealer act, the commissioner may in that capacity bring an action in a court of competent jurisdiction or other process against such person to enjoin, restrain or prevent such person from con- tinuing operation in violation of the Kansas pet animal dealer act without regard to whether administrative proceedings have been or may be in- stituted or whether criminal proceedings may be or have been instituted.

Sec. 27. K.S.A. 1995 Supp. 47-1731 is hereby amended to read as follows: 47-1731. (a) No dog or cat may be released for adoption from any pound, no-kill shelter or animal shelter, as defined by K.S.A. 47-1701 and amendments thereto, or from any duly incorporated humane society, unless:

(1) Such dog or cat has been first surgically spayed or neutered; or

(2) the adopting party signs an agreement to have the dog or cat spayed or neutered and deposits with the pound, no-kill shelter or animal shelter funds sufficient to ensure that the dog or cat will be sterilized. Any funds deposited pursuant to such an agreement shall be refunded to the adopting party upon presentation of a written statement signed by a licensed veterinarian that the adopted dog or cat has been spayed or neutered.

(b) No person shall spay or neuter any dog or cat for or on behalf of a pound, no-kill shelter, animal shelter or humane society unless such person is a licensed veterinarian or a student currently enrolled in the college of veterinary medicine, Kansas state university, who has com- pleted at least two years of study in the veterinary medical curriculum and is participating in a spay or neuter program as part of the curriculum under the direct supervision of a licensed veterinarian who is a faculty member at the Kansas state university veterinary medical center. The spay or neuter program shall only be conducted at the surgery clinic at the Kansas state university medical center in Manhattan, Kansas. No pound, no-kill shelter, animal shelter or humane society shall designate the vet- erinarian which a person must use, or a list from which a person must select a veterinarian, to spay or neuter a dog or cat adopted by such person from such pound, no-kill shelter, animal shelter or society, nor shall such pound, no-kill shelter, animal shelter or society in any way penalize a person for such person's selection of a veterinarian to spay or neuter a dog or cat adopted from such pound, no-kill shelter, animal shelter or society.

(c) Nothing in this section shall be construed to require sterilization of a dog or cat which is being held by a pound, no-kill shelter or animal shelter and which may be claimed by its rightful owner.

New Sec. 28. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect with- out the invalid provision or application, and to this end the provisions of this act are severable.

Sec. 29. K.S.A. 47-1702, 47-1703, 47-1706, 47-1707, 47-1709, 47- 1711, 47-1713, 47-1715, 47-1718, 47-1719, 47-1720, 47-1721, 47-1722, 47-1723, 47-1724, 47-1725, 47-1726 and 47-1727 and K.S.A. 1995 Supp. 47-1701, 47-1704, 47-1710, 47-1712 and 47-1731 are hereby repealed.

Sec. 30. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 10, 1996.