An Act concerning animals; relating to brands; concerning infectious disease among do- mestic animals; relating to inspectors' appointments; concerning unlawful disposal of dead animals; relating to lawfully killing a dog; relating to the unlawful sale of animal vaccines; amending K.S.A. 21-1213, 47-416, 47-417, 47-423, 47-429, 47-435, 47-646, 47-1013 and 47-1219 and K.S.A. 1995 Supp. 47-635 and repealing the existing sections; also repealing K.S.A. 47-444.

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

Section 1. K.S.A. 21-1213 is hereby amended to read as follows: 21- 1213. (a) It shall be unlawful:

(1) For any person, except a licensed an accredited veterinarian, to inject into any animal any live brucella abortus strain 19 vaccine;

(2) for any person, except a licensed veterinarian or a person acting under the direct supervision of a licensed veterinarian, to inject any ani- mal rabies vaccine into an animal;

(3) for any person, except a licensed veterinarian, to purchase any animal rabies vaccine or live brucella abortus strain 19 vaccine;

(4) for any person to sell or offer for sale any animal rabies vaccine or live brucella abortus strain 19 vaccine to any person except a licensed veterinarian; or

(5) for any person to sell or offer for sale animal rabies vaccine or the live brucella abortus strain 19 vaccine to another unless the vendor is: (A) A manufacturer thereof; or (B) a licensed veterinarian.; or

(6) for any person, except an accredited veterinarian, to purchase any live brucella abortus vaccine;

(7) for any person to sell or offer for sale any live brucella abortus vaccine to any person except an accredited veterinarian; or

(8) for any person to sell or offer for sale the live brucella abortus vaccine to another unless the vendor is: (A) A manufacturer thereof; or (B) an accredited veterinarian.

(b) As used in this section:

(1) ``Direct supervision'' means that an employee of a veterinarian or a student at a school of veterinary medicine shall be in personal contact with a veterinarian for each individual case.

(2) ``Licensed veterinarian'' has the meaning provided by K.S.A. 47- 816 and amendments thereto.

(3) ``Accredited veterinarian'' means a veterinarian approved by the deputy administrator of veterinary services, animal and plant health in- spection services, United States department of agriculture, in accordance with provisions of part 160 and 161, title 9, code of federal regulations. The veterinarian is accredited to perform certain functions of federal and cooperative state-federal programs. The accredited veterinarian is au- thorized to perform specified activities under the cooperative state-federal brucellosis eradication program.

Sec. 2. K.S.A. 47-416 is hereby amended to read as follows: 47-416. It shall be the duty of the livestock commissioner to keep all books and records and to record all brands used for the branding or marking of livestock in Kansas. The commissioner shall receive applications for the recording of any and all brands and he the commissioner shall decide on the availability and desirability of any brand or brands sent in for record- ing.

The commissioner may appoint an assistant commissioner in charge of brands and brand inspectors, special investigators, examiners, deputy as- sistants and employees necessary to carry out the provisions of the acts contained in article 4 of chapter 47 of the Kansas Statutes Annotated, and any acts amendatory thereof, subject to approval of the board. The brand inspectors and examiners appointed by the commissioner shall be in the unclassified service of the Kansas civil service act, and shall receive com- pensation fixed by the commissioner and approved by the state finance council.

Sec. 3. K.S.A. 47-417 is hereby amended to read as follows: 47-417. (a) Any person may adopt a brand for the purpose of branding livestock in accordance with authorized rules and regulations of the livestock com- missioner of the Kansas animal health department. Such person shall have the exclusive right to use such brand in this state, after registering such brand with the livestock commissioner.

(b) Any person desiring to register a livestock brand shall forward to the commissioner a facsimile of such brand and shall accompany the same with the registration fee in the amount provided under this section. Each person making application for the registering of a livestock brand which is available shall be issued a certificate of brand title which shall be valid for a period ending four years subsequent to the next April 1, following date of issuance.

(c) For the purpose of revising the brand records, the livestock com- missioner shall collect a renewal fee in the amount provided under this section on all brands upon which recording period expires. Any person submitting such renewal fee shall be entitled to a renewal of registration of such person's livestock brand for a five-year period from the date of expiration of registration of such person's livestock brand as shown by such person's last certificate of brand title.

(d) The livestock brand of any person whose registration expired prior to July 1, 1988, and who failed to pay such renewal fee within a grace period of six months after expiration of the registration period shall be placed in a delinquency status. The livestock brand of any person whose registration expires on or after July 1, 1988, and who fails to pay such renewal fee within a grace period of 60 days after expiration of the reg- istration period shall be placed in a delinquency status. The use of a delinquent brand shall be unlawful. If the owner of any delinquent reg- istered brand the registration of which expired prior to July 1, 1988, fails to renew registration of such brand within one year after such brand became delinquent, such failure shall constitute an abandonment of all claim to any property right in such brand. If the owner of any delinquent registered brand the registration of which expires on or after July 1, 1988, has expired fails to renew registration of such brand within 120 days after such brand became delinquent, such failure shall constitute an abandon- ment of all claim to any property right in such brand.

(e) Upon the expiration of such delinquency period without any re- quest for renewal and required remittance from the last record owner of a brand, or such owner's heirs, legatees or assigns, and with the termi- nation of property rights by abandonment, the livestock commissioner is authorized to receive and accept an application for such brand to the same extent as if such brand had never been issued to anyone as a reg- istered brand.

(f) The livestock commissioner shall determine annually the amount of funds which will be required for the purposes for which the brand registration and renewal fees are charged and collected and shall fix and adjust from time to time each such fee in such reasonable amount as may be necessary for such purposes, except that in no case shall either the brand registration fee or the renewal fee exceed $55. The amounts of the brand registration fee and the renewal fee in effect on the day preceding the effective date of this act shall continue in effect until the livestock commissioner fixes different amounts for such fees under this section.

Sec. 4. K.S.A. 47-423 is hereby amended to read as follows: 47-423. On and after July 1, 1940, Any person who causes to be brought into any county of the state from any other state for the purpose of grazing or feeding for a period of not to exceed eight months, livestock which carry a brand or brands recorded in a recognized brand organization of any other state, shall upon obtaining a permit from the commissioner be ex- empt from the provisions of K.S.A. 47-420, and amendments thereto, for a period of eight months. After such time said such brand or a new brand must be recorded in this state, or an extension of such permit obtained from the commissioner. Failure to comply with the provisions of this section will render the party so violating liable for all damages resulting from such failure.

Sec. 5. K.S.A. 47-429 is hereby amended to read as follows: 47-429. All moneys received from the sale of branded stray livestock shall be paid to the state livestock commissioner, regardless of the provisions of article 2 of chapter 47 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof or supplemental thereto, or any other provision of law relating to the disposition of the moneys received from the sale of branded stray animals. The commissioner or the commissioner's deputies are hereby authorized and directed to receive and receipt for all moneys received from the sale of branded stray livestock and shall pay the same to the state treasurer, and the state treasurer shall credit the amount so paid to the livestock brand fee fund.

Sec. 6. K.S.A. 47-435 is hereby amended to read as follows: 47-435. (a) Whenever a petition is submitted to the board of county commission- ers, signed by not less than fifty-one percent (51%) 51% of the resident owners of cattle, as determined by an enumeration taken and verified for this purpose by a qualified elector of the county, requesting that the county be designated a brand inspection area, it shall be the duty of the board of county commissioners, within ten (10) 10 days after receipt of such petition, to make a determination as to the sufficiency of the qual- ifications and numbers of signers, and if said. If such petition is found sufficient the board shall adopt a resolution declaring the county a brand inspection area, and shall immediately file a certified copy of such reso- lution with the livestock commissioner. In every case, the date of filing of the certified copy of the resolution of the board of county commis- sioners declaring the county a brand inspection area with the commis- sioner shall be the date the county shall qualify as a brand inspection area.

(b) Any and all counties which have been so designated as a brand inspection area, and which are adjacent to and contiguous with other counties so designated, shall be and constitute a part of a basic brand inspection area. From and after the effective date of this act, the counties of Hamilton, Kearny, and Wichita and Wallace shall be and are hereby designated and declared to be a part of a basic brand inspection area, and. Such basic brand inspection area shall be subject to enlargement by the addition of other contiguous counties.

(c) Whenever a petition is submitted to the board of county com- missioners, signed by not less than fifty-one percent (51%) 51% of the resident owners of cattle, as determined by an enumeration taken and verified for this purpose by a qualified elector of the county, requesting that the county no longer be designated a brand inspection area and that its status as a brand inspection area be terminated, it shall be the duty of the board of county commissioners, within ten (10) 10 days after receipt of such petition, to make a determination as to the sufficiency of the qualifications and numbers of signers, and if said. If such petition is found sufficient the board shall adopt a resolution declaring that the county is no longer a brand inspection area, and they shall immediately file a cer- tified copy of such resolution with the livestock commissioner. Thereupon the county shall be terminated as a brand inspection area, but the ter- mination as a brand inspection area by a county within a basic brand inspection area shall not affect the existence of such basic brand inspec- tion area as to the remaining counties therein.

Sec. 7. K.S.A. 1995 Supp. 47-635 is hereby amended to read as fol- lows: 47-635. The provisions of this act shall not be construed to include any other than contagious or infectious diseases among the domestic an- imals of this state; but they shall be construed to include all contagious or infectious diseases among all kinds of domestic animals including horses, mules, asses, cattle, sheep, swine, dogs, cats, domesticated deer, as defined in K.S.A. 47-1001, and amendments thereto, all creatures of the ratite family that are not indigenous to this state, including but not limited to ostriches, emus and rheas, and dogs exotic animals as defined by rules and regulations in 9 C.F.R. 1.1, pursuant to 7 U.S.C. &(section) 2131 et seq. The state livestock commissioner is given the same power over any domestic animal afflicted with rabies as is conferred upon the livestock commissioner in relation to other diseases of domestic animals.

Sec. 8. K.S.A. 47-646 is hereby amended to read as follows: 47-646. It shall be lawful for any person at any time to kill any dog which may be found injuring or attempting to injure any cattle, hogs or sheep livestock as defined in K.S.A. 47-1001, and amendments thereto.

Sec. 9. K.S.A. 47-1013 is hereby amended to read as follows: 47- 1013. (a) The commissioner shall appoint from time to time, in accor- dance with the provisions of the civil service law, such contract with in- spectors and such other persons as in his the commissioner's judgment may be necessary to properly administer the provisions of this act. Such persons shall be under the direct supervision of the commissioner. The commissioner shall also appoint, from time to time, in accordance with the provisions of the civil service law, such contract with state brand inspectors as in his the commissioner's judgment may be necessary to curtail livestock thefts and assist in the enforcement of the provisions of this act.

(b) State brand inspectors shall have authority to arrest persons found violating any of the provisions of this act. The state brand inspectors shall file a report of their such inspector's inspections of brands and marks of identification of each sale inspected at the place of inspection, which copy shall be kept for a period of one year from date of filing by the organi- zation conducting such sale.

(c) Salaries of Fees paid to the state brand inspectors shall be paid out of the fees to be collected as provided in K.S.A. 47-1011 47-1011a, and amendments thereto. The commissioner shall have the right to dis- charge any person so appointed, in accordance with the provisions of the civil service law.

Sec. 10. K.S.A. 47-1219 is hereby amended to read as follows: 47- 1219. (a) Any person or persons who shall put any dead animals, carcasses of such animals or domestic fowl, or any part thereof, into any well, spring, brook, branch, river, creek, pond, road, street, alley, lane, lot, field, meadow or common shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding one hundred dollars $100.

(b) Any owner or owners of any dead animals, carcasses of such an- imals or domestic fowl, or any part thereof, who shall knowingly permit the same to remain in any well, spring, brook, branch, river, creek, pond, road, street, alley, lane, lot, field, meadow or common to the injury of the health or to the annoyance of or damage to the citizens of the state or any of them, shall be deemed guilty of a misdemeanor, and upon convic- tion thereof shall be fined in a sum not exceeding one hundred dollars; and $100. Every twenty-four 24 hours the owners shall permit the same to remain thereafter shall be deemed an additional offense. The provi- sions of this section shall not be construed to prohibit the

(c) Persons disposing of dead animals shall do so in one of the follow- ing ways: (1) Burial; (2) incineration; or (3) delivery or unloading of the carcasses of dead animals or packing house refuse at a disposal plant, substation, rendering plant or place of transfer licensed by the commis- sioner.

Sec. 11. K.S.A. 21-1213, 47-416, 47-417, 47-423, 47-429, 47-435, 47- 444, 47-646, 47-1013 and 47-1219 and K.S.A. 1995 Supp. 47-635 are hereby repealed.

Sec./007006/This act shall take effect and be in force from and after its publication in the statute book.

Approved March 29, 1996.