Ch. 129             1997 Session Laws of Kansas             721

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

Section 1. K.S.A. 47-122a is hereby amended to read as follows:
47-122a. (a) Whenever the owner or the owner's authorized agent allows
any livestock to run at large, in violation of K.S.A. 47-122, and amend-
ments thereto, and such livestock remains on the property of another
person, the sheriff of the county in which such livestock are running at
large, at the request of such person upon whose property the livestock
are running at large, may take such livestock into custody and retain them
in a secure holding area.

(b) The county sheriff shall give notice to the owner or the owner's
authorized agent within twenty-four (24) 24 hours after taking such live-
stock into custody that the owner or the owner's authorized agent has ten
(10) 10 days within which to claim such livestock and to pay all actual
costs for taking up, keeping and feeding of such livestock.

(c) If the owner or the owner's authorized agent fails to claim the
livestock and to pay all actual costs within the ten (10) day ten-day period,
the county sheriff shall cause the livestock to be delivered to a public
livestock market, and or to a secure holding area approved by the livestock
commissioner. If the livestock is delivered to the market, the county sheriff
shall cause said such livestock to be sold at such market to the highest
bidder for cash. Livestock held in a secure holding area other than a
livestock market shall be advertised by the county sheriff in the official
county newspaper and sold to the highest bidder for cash.

(d) The county sheriff shall pay out of the proceeds from the sale of
said such livestock, all actual costs for taking up, keeping and feeding of
such livestock. Any proceeds remaining in the hands of the sheriff after
payment of all actual costs, shall be paid to the owner of the livestock or
the owner's authorized agent. If the owner or the owner's authorized
agent is not known or cannot be located, the proceeds remaining after
the payment of actual costs shall be paid to the county treasurer of the
county in which the livestock were running at large. Such funds shall be
deposited by the county treasurer in the county's special stray fund pro-
vided for in K.S.A. 47-239, and amendments thereto.

(e) In counties having a consolidated law enforcement department,
the provisions of this section relating to sheriffs shall be deemed to refer
to such department.

Sec. 2. K.S.A. 1996 Supp. 47-1008 is hereby amended to read as
follows: 47-1008. (a) Livestock shall not be offered for sale or sold at any
licensed public livestock market if such livestock:

722             1997 Session Laws of Kansas             Ch. 129

(1) Is infected with a disease that permanently renders the livestock
unfit for human consumption;

(2) has severe neoplasia;

(3) has severe actinomycosis;

(4) is unable to rise to its feet by itself; or

(5) has an obviously fractured long bone or other fractures or dislo-
cation of a joint that renders the livestock unable to bear weight on the
affected limb without that limb collapsing.

(b) If, in the judgment of an accredited veterinarian, the livestock
consigned and delivered on the premises of any licensed public livestock
market is in any of the conditions described in subsection (a), such vet-
erinarian shall euthanize humanely the livestock or direct the consignor
to immediately remove the livestock from the premises of the public live-
stock market. All expenses incurred for euthanasia and disposal of the
livestock under the provisions of this subsection shall be the responsibility
of the consignor. Collection of expenses shall not be the responsibility of
the consignee.

(c) All livestock consigned and delivered on the premises of any li-
censed public livestock market, before being offered for sale, shall be
inspected by a veterinarian authorized by the commissioner who shall
visually examine or test, or both, each animal consigned to such market,
for the purpose of determining its condition of health and freedom of
clinical signs of infectious or contagious animal diseases that are deter-
mined to be reportable by the livestock commissioner. Such regulatory
veterinary services shall be contracted for by the livestock commissioner
who shall select an accredited veterinarian for each public livestock mar-
ket. The public livestock market operator, for each public livestock mar-
ket, shall submit to the livestock commissioner a list of accredited vet-
erinarians to be considered for the position or positions. Such veterinarian
shall be authorized to make all required examinations and tests, and to
issue certificates of inspection at the public livestock market where such
veterinarian serves. All livestock sold, resold, exchanged or transferred,
or offered for sale or exchange at a livestock market shall be treated as
may be necessary to prevent the spread of contagious or infectious dis-
eases. A certificate of inspection, on a form to be approved by the com-
missioner, shall be issued to the purchaser by the inspector. For the visual
inspection of livestock offered for sale, there shall be collected by the
market operator from the consignor a fee which shall be determined by
negotiation between the market operator and the market veterinarian but
shall not be less than $.07 per head, except that no fee for inspection shall
be collected unless the inspection actually has been made. If the charges
per head collected on all livestock inspected at a livestock market on any
sales day do not amount to a minimum per diem of $40 or any amount
greater than $40 negotiated by the operator, the market operator shall
be required to supply sufficient funds to provide such amount. Any

Ch. 129             1997 Session Laws of Kansas             723

amount lesser or greater than the $40 amount specified, shall be deter-
mined by negotiation between the market operator and the market vet-
erinarian. A copy of any agreement or contract shall be on file with the
commissioner. Payments for veterinary services rendered under a con-
tract as provided in this section shall be paid from the veterinary inspec-
tion fee fund, and for such services rendered prior to the end of a fiscal
year, payment may be made within 90 days after the end of the fiscal
year.

(b) (d) Livestock market operators shall pay amounts received and
amounts due under this section to the livestock commissioner. The com-
missioner shall remit all such amounts received to the state treasurer at
least monthly. Upon receipt of any such remittance the state treasurer
shall deposit the entire amount thereof in the state treasury and the same
shall be credited to the veterinary inspection fee fund. All expenditures
from such fund shall be made in accordance with appropriation acts upon
warrants of the director of accounts and reports issued pursuant to vouch-
ers approved by the commissioner or by a person or persons designated
by such commissioner.

(c) (e) The livestock commissioner shall promulgate rules and regu-
lations as may be necessary to carry out the purposes of this section,
including, but not limited to, rules and regulations designating any disease
as a disease that renders livestock or the carcasses thereof permanently
unfit for human consumption. The livestock commissioner shall promul-
gate all such rules and regulations in accordance with existing antemortem
inspection regulations promulgated by the United States department of
agriculture food safety and inspection service, as in effect on July 1, 1997.

Sec. 3. K.S.A. 47-122a and K.S.A. 1996 Supp. 47-1008 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 24, 1997.