CHAPTER 31 HOUSE BILL No. 2817 An Act concerning animals; relating to the disposition of animals from an animal shelter;
relating to spaying or neutering; amending K.S.A. 1999 Supp. 47-1710 and 47-1731 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 1999 Supp. 47-1710 is hereby amended to read as
follows: 47-1710.  (a)  An animal shall not be disposed of by an owner or
operator of a pound or of an animal shelter as a pound until after expi-
ration of a minimum of three full days of custody during which the public
has clear access to inspect 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 vet-
erinary 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 ap-
pears to an officer of such humane society or to such veterinarian that
the animal is diseased or disabled beyond recovery for any useful purpose.

      (b) After the expiration of the holding period established in subsection
(a), the governing body of a political subdivision regulating the operation
of a pound shall have ownership of such animal and shall determine the
method of disposition of any animal released from such pound. Any
pound releasing live animals to prospective owners shall comply with the
provisions established in K.S.A. 47-1731, and amendments thereto. 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) (c) After the expiration of the holding period established in sub-
section (a), the board of directors of any incorporated humane society
operating an animal shelter as a pound, under contract with a munici-
pality, shall have ownership of such animal and shall determine the
method of disposition of any animal released from its animal shelter. Any
animal shelter releasing live animals to prospective owners shall comply
with the provisions established in K.S.A. 47-1731, and amendments
thereto. Any proceeds derived from such sale or disposition shall be paid
directly to the treasurer of the humane society and no part of such pro-
ceeds shall accrue to any individual.

      (c) An animal shall not be disposed of by an operator of a pound or
operator of an animal shelter as a pound until after expiration of a mini-
mum of three full days of custody during which the public has clear access
to inspect and recover the animal through time periods ordinarily ac-
cepted 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.  2. K.S.A. 1999 Supp. 47-1731 is hereby amended to read as
follows: 47-1731. (a) No dog or cat may be released for adoption from
any transferred to the permanent custody of a prospective owner by a
pound or animal shelter, as defined by K.S.A. 47-1701 and amendments
thereto, or from any duly incorporated by a humane society, unless:

      (1) Such dog or cat has been first surgically spayed or neutered before
the physical transfer of the animal occurs; or

      (2) the adopting party prospective owner signs an agreement to have
the dog or cat spayed or neutered and deposits with the pound or animal
shelter funds sufficient to ensure that the dog or cat will be sterilized not
less than the lowest nor more than the highest cost of spaying or neutering
in the community. Any funds deposited pursuant to such an agreement
shall be refunded to the adopting party such person upon presentation of
a written statement signed by a licensed veterinarian that the adopted
dog or cat has been spayed or neutered. If such person does not reclaim
the deposit within six months after receiving custody of the animal, the
pound or animal shelter shall keep the deposit and may reclaim the un-
spayed or unneutered animal.

      (b) No person shall spay or neuter any dog or cat for or on behalf of
a pound, or 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 completed at least
two years of study in the veterinary medical curriculum and is participat-
ing 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, or animal
shelter or humane society shall designate the veterinarian 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 transferred by such person from such
pound, or animal shelter or society, nor shall such pound, 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,
animal shelter or society. Any premises located in the state of Kansas
where the spaying, neutering or any other practice of veterinary medicine
occurs shall register such premises with the board of veterinary examiners.

      (c) With the written approval of the livestock commissioner, any
pound or shelter may use an innovative spay or neuter program not pre-
cisely meeting the requirements of subsection (a)(2), if the pound or shel-
ter can prove to the commissioner that it is actively enforcing the spaying
and neutering requirements set forth in this statute.

      (c) (d) Nothing in this section shall be construed to require sterili-
zation of a dog or cat which is being held by a pound or animal shelter
and which may be claimed by its rightful owner within the holding period
established in K.S.A. 47-1710, and amendments thereto.

      (e) The livestock commissioner shall promulgate rules and regulations
as may be necessary to carry out the provisions of this section.

      Sec.  3. K.S.A. 1999 Supp. 47-1710 and 47-1731 are hereby repealed.

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

Approved March 23, 2000.
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