CHAPTER 163
SENATE Substitute for Substitute for HOUSE BILL No.
2468
An Act concerning animal diseases; relating to quarantines;
concerning garbage feeding;
relating to state of disaster emergency; amending K.S.A. 47-611,
47-617, 47-623, 47-
1201, 47-1211, 47-1302, 47-1303, 47-1304, 47-1307, 48-904, 48-924
and 48-925 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 47-611 is hereby
amended to read as follows: 47-
611. (a) When the commissioner determines that a quarantine and
other
regulations is are necessary to prevent the
spread among domestic ani-
mals of any contagious or infectious disease, the commissioner
shall notify
the governor of such determination, and the governor shall issue a
proc-
lamation announcing the boundary of such quarantine and the orders
and
rules and regulations prescribed by the commissioner, which
proclama-
tion shall be published in the Kansas register, except that the
commis-
sioner, if the area affected by the quarantine is limited in
extent, may
dispense with the proclamation of the governor and give such notice
as
the commissioner shall deem sufficient to make the quarantine
effective.
(b) Upon a determination by the
governor that a quarantine or other
regulations are necessary to prevent the spread among domestic
animals
of any contagious or infectious disease, the governor shall
direct the com-
missioner to establish a quarantine pursuant to this
section.
(c) The governor may require and
direct the cooperation and assis-
tance of any state agency in enforcing such quarantine or other
regula-
tions pursuant to subsection (a) or (b).
(b) (d) The
commissioner shall establish such quarantine immediately
and shall give and enforce such directions, rules and regulations
as to
separating, isolating, handling and treating, feeding and caring
for such
diseased animals, animals exposed to the disease and animals within
the
quarantine which have not been immediately exposed, as the
commis-
sioner deems necessary to prevent those classes of animals from
coming
into contact with one another.
(c) (e) The
livestock commissioner or the commissioner's designee is
hereby authorized and empowered to enter any grounds and premises
to
carry out the provisions of this act.
Sec. 2. K.S.A. 47-617 is hereby
amended to read as follows: 47-617.
When any domestic animal, other than dogs and animals affected
with
foot-and-mouth disease, is killed by order of the commissioner,
said the
commissioner shall issue to the owner of the animal or animals the
cer-
tificate showing the number and kind of animals killed, and the
amount
to which the holder is entitled, and report the
same. Such certificate shall
be reported to the board of county commissioners of the
county in which
the animal was located, and upon presentation of such certificate
to the
board of county commissioners, such board shall draw its warrant on
the
county treasurer for the amount therein stated:
Provided,That. In
case of
animals killed or disposed of that are exposed to or
afflicted with the foot-
and-mouth disease, the appraisement shall be conducted in
accordance
with the applicable rules and regulations of the
bureau of animal industry
of the an applicable livestock indemnity
program of the United States
government and one-half of such appraised values shall be
paid by the
state of Kansas to the owner of such animal or
animals: Provided further,
That. The state of Kansas shall pay all its
expenses incurred in that behalf,
and shall pay all its men and help
employees necessarily employed therein,
and the director of accounts and reports is hereby directed
to draw his
warrant on the state treasurer for one-half of the amount
of such ap-
praisement.
Sec. 3. K.S.A. 47-623 is hereby
amended to read as follows: 47-623.
That (a) It shall be unlawful for any
person who shall to
knowingly;
(1) Bring into this state any
domestic animal which is affected with
any contagious or infectious disease or any animal which has been
exposed
to any contagious or infectious disease shall be deemed
guilty of a mis-
demeanor, and upon conviction thereof shall be fined in any
sum not less
than one hundred nor more than one thousand
dollars.;
(2) except as provided in paragraph
(3), expose any domestic animal
in this state to any contagious or infectious disease;
or
(3) expose any animal in this state to
foot-and-mouth disease.
(b) Violation of subsection (a)(1) or
(a)(2) is a class A nonperson mis-
demeanor. Violation of subsection (a)(3) is a severity level 4,
nonperson
felony.
Sec. 4. K.S.A. 47-1201 is hereby
amended to read as follows: 47-
1201. 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) ``Person'' means any individual,
partnership, firm, corporation or
association.
(c) ``Disposal plant'' means a place of
business or a location where
the carcasses of domestic animals or packing house refuse is
purchased,
received or unloaded and where such carcasses or refuse
either (1) are
processed for the purpose of obtaining the hide, skin, grease,
residue, or
any other byproduct from the animal or refuse, in any way
whatsoever,
or (2) are fed to hogs, dogs or other animals.
(d) ``Substation'' means a concentration
site equipped with at least
one storage building and operated and maintained for the temporary
de-
posit or storage of the carcasses of domestic animals pending final
delivery
of the carcasses to the disposal plant.
(e) ``Place of transfer'' means a
reloading site, authorized for use in
direct transferring of carcasses of domestic animals from vehicles
making
original pickup or loading to a line vehicle for the transportation
of the
carcasses to the disposal plant.
(f) ``Carcasses of domestic animals''
means bodies, or any part or por-
tion thereof, of dead domestic animals not slaughtered for human
food.
Sec. 5. K.S.A. 47-1211 is hereby
amended to read as follows: 47-
1211. (a) The operator of a licensed disposal plant shall
dispose of the
carcasses of domestic animals or packinghouse refuse by complying
with
the following standards and requirements:
(1) The skinning and dismembering of
carcasses of domestic animals
shall be performed within the building where the carcasses are
processed;
(2) the cooking vats or tanks shall be
airtight, except proper escape
for live steam;
(3) steam shall be so disposed of as not
to be detrimental to public
health or safety;
(4) the materials not cooked or entirely
consumed by burning within
the plant, shall be disposed of
(a):
(A) By burying to such a depth
that no part of such carcass shall be
nearer than three (3) feet to the surface of the
ground, and shall be
covered with quick-lime and with at least three
(3) feet of earth; or (b)
by feeding to hogs, dogs, or other animals on the premises
contiguous to
the disposal plant; or (c)
(B) in such manner as may be
prescribed by rules and regulations
adopted by the commissioner;
(5) all carcasses of domestic animals or
packinghouse refuse shall be
disposed of within forty-eight (48) 48
hours after delivery to the disposal
plant;
(6) all carcasses, parts thereof, or
refuse under process for marketing
shall not be permitted to come in contact with any part of the
building
or the equipment used in connection with the unloading, skinning,
dis-
membering and grinding of carcasses or refuse as originally
received at
disposal plant;
(7) the cooking of materials shall be at
a temperature of 212° F. (boil-
ing point) for a period of thirty (30) 30
minutes.
(b) The commissioner may issue a
release for portions of carcasses of
dead animals which are uncooked, or which are cooked for a
period
shorter than thirty (30) 30 minutes or at a
temperature less than 212° F.,
or both: Provided,
That. Such release requires that the
products so re-
leased shall be identified by freely slashing and covering all
exposed sur-
faces of such products with an edible green dye or other such
suitable
substance as may be approved by the commissioner:
And provided,. Such
products shall otherwise meet the requirements of the Kansas
feeding
stuffs statute, article 10 of chapter 2, Kansas Statutes
Annotated.
Sec. 6. K.S.A. 47-1302 is hereby
amended to read as follows: 47-
1302. (a) Except as provided in subsection (b) or (c), it
shall be unlawful
for any person, firm, partnership or corporation to feed garbage to
animals
unless.
(b) Any person, firm, partnership or
corporation who on the effective
date of this act is registered as a garbage feeding operator may
continue
to feed garbage to animals through October 31, 2001, if such
garbage has
been heated to a temperature of 212 degrees Fahrenheit (boiling
point)
for at least 30 minutes as provided by rules and regulations
promulgated
by the state livestock commissioner. This requirement shall
not apply to
an individual who feeds such individual's own animals only
the garbage
obtained from such individual's own household.
(c) Nothing in this section shall
prohibit an individual from feeding
such individual's own animals only the garbage obtained from
such in-
dividual's own household.
Sec. 7. K.S.A. 47-1303 is hereby
amended to read as follows: 47-
1303. (a) It shall be unlawful for the governing body of any
city, or any
official or employee of a city, to enter into any contract or
agreement for
the collection or disposal of garbage unless such contract or
agreement
requires a heating and processing of garbage as required in
this act and
as required by K.S.A. 47-1302 and amendments thereto, when
fed to
animals, or (2) such contract or agreement requires
a disposal of garbage
in accordance with rules and regulations of the state livestock
commis-
sioner, when disposed of by other means.
(b) It shall be unlawful for any
person to give, sell or transfer garbage
to another person, if such person knows that such other person
is com-
mercially feeding the garbage to a cloven hoofed animal.
Sec. 8. K.S.A. 47-1304 is hereby
amended to read as follows: 47-
1304. The state livestock commissioner is hereby authorized to
promul-
gate and enforce all rules and regulations deemed necessary to
carry out
the provisions of the act of which this section is
amendatory and of K.S.A.
47-1306 and 47-1307 and amendments to such
sections K.S.A. 47-1301
through 47-1307, and amendments thereto.
Sec. 9. K.S.A. 47-1307 is hereby
amended to read as follows: 47-
1307. (a) Except as provided in subsection (g), no person, firm,
partner-
ship or corporation shall be allowed to register as a garbage
feeding op-
erator.
(b) It shall be unlawful for any
person, firm, partnership or corpo-
ration to feed cooked garbage to animals, other than dogs, as
permitted
under K.S.A. 47-1302, and amendments thereto, unless the operator
of
such garbage feeding establishment shall have first registered as a
garbage
feeding operator with the livestock commissioner and shall have
paid the
annual registration fee under this section for each place where
garbage
is to be fed.
(b) (c) The
livestock commissioner may accept applications for reg-
istration on a form to be supplied by the commissioner's office.
Upon the
acceptance of such application for registration and the receipt of
the an-
nual registration fee under this section for each place where
garbage is
to be fed, the livestock commissioner shall issue to such applicant
and
operator a certificate of registration for the current operation
period.
Such certificate shall expire on June 30 each year following the
date of
issuance of the certificate of registration. The application for
registration
may be rejected and denied if the applicant does not supply all the
in-
formation deemed essential by the livestock commissioner and if the
ap-
plicant's garbage feeding establishment does not meet the
requirements
of article 13 of chapter 47 of Kansas Statutes Annotated, and
amendments
thereto, and the rules and regulations adopted thereunder.
(c) (d) The
livestock commissioner shall fix the annual registration
fee in such amount as the commissioner deems desirable in interests
of
public service, but not in an amount of more than $15 per
registration
for each garbage feeding establishment.
(d) (e) The
certificate of registration for garbage feeding operators
may be revoked by the livestock commissioner whenever the operator
of
a garbage feeding establishment is found to be operating in
violation of
law, or rules and regulations adopted thereunder, or in an
unsanitary
manner. Any such operator shall first be given notice of hearing
and an
opportunity to appear and be heard in defense of any proceeding for
the
revocation of any certificate of registration in accordance with
the pro-
visions of the Kansas administrative procedure act.
(e) (f) The
livestock commissioner shall remit all moneys received by
or for the commissioner under article 13 of chapter 47 of Kansas
Statutes
Annotated and amendments thereto 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 animal disease control fund.
(f) (g) (1) Any
person, firm, partnership or corporation who on the
effective date of this act is registered as a garbage feeding
operator may
continue to be registered through October 31, 2001 as a garbage
feeding
operator if such operator is in compliance with all applicable
laws and
rules and regulations concerning such garbage feeding
establishment.
(2) The provision of subsections (b)
through (f) shall apply only to
those validly registered garbage feeding operators through
October 31,
2001.
Sec. 10. K.S.A. 48-904 is hereby
amended to read as follows: 48-904.
As used in this act:
(a) ``Emergency management'' means the
preparation for and the
carrying out of all emergency functions, other than functions for
which
military forces or other federal agencies are primarily
responsible, to pre-
vent, minimize and repair injury and damage resulting from
disasters;
(b) ``adjutant general'' means the
adjutant general of the state of Kan-
sas;
(c) ``division of emergency management''
means the division of emer-
gency management created in the office of the adjutant general by
K.S.A.
48-905, and amendments thereto;
(d) ``disaster'' means the occurrence or
imminent threat of wide-
spread or severe damage, injury or loss of life or property
resulting from
any natural or manmade cause, including, but not limited to, fire,
flood,
earthquake, wind, storm, epidemics, contagious or infectious
disease, air
contamination, blight, drought, infestation, explosion, riot or
hostile mil-
itary or paramilitary action;
(e) ``unorganized militia'' means all
able-bodied male and female per-
sons between the ages of 16 and 50 years;
(f) ``state disaster emergency plan''
means the plan prepared and
maintained by the division of emergency management pursuant to
K.S.A.
48-926, and amendments thereto;
(g) ``local and interjurisdictional
disaster emergency plans'' means all
disaster emergency plans developed and promulgated by county, city
and
interjurisdictional disaster agencies pursuant to K.S.A. 48-929,
and
amendments thereto; and
(h) ``hazardous material'' means any
substance or material in a quan-
tity or form which may be harmful or injurious to the health and
safety
of humans, animals, crops or property when released into the
environ-
ment. Hazardous material includes, but is not limited to,
explosives, ra-
dioactive materials, disease-causing agents, flammable liquids,
solids or
gases, combustible liquids, poisons, poisonous gases, oxidizing
materials,
corrosive materials, irritants, nonflammable gases, cryogenics and
blasting
agents.
Sec. 11. K.S.A. 48-924 is hereby
amended to read as follows: 48-924.
(a) The governor shall be responsible for meeting the dangers to
the state
and people presented by disasters.
(b) (1) The governor, upon
finding that a disaster has occurred or
that occurrence or the threat thereof is imminent, shall issue a
procla-
mation declaring a state of disaster emergency.
(2) In addition to or instead of the
proclamation authorized by K.S.A.
47-611, and amendments thereto, the governor, upon a finding or
when
notified pursuant to K.S.A. 47-611, and amendments thereto, that
a quar-
antine or other regulations are necessary to prevent the spread
among
domestic animals of any contagious or infectious disease, may
issue a
proclamation declaring a state of disaster
emergency.
(3) The state of disaster
emergency so declared shall continue until
the governor finds that the threat or danger of disaster has
passed, or the
disaster has been dealt with to the extent that emergency
conditions no
longer exist. Upon making such findings the governor shall
terminate the
state of disaster emergency by proclamation, but except as
provided in
paragraph (4), no state of disaster emergency may continue
for longer
than 15 days unless ratified by concurrent resolution of the
legislature,
with the single exception that upon specific application by the
governor
to the state finance council and an affirmative vote of a majority
of the
legislative members thereof, a state of disaster emergency may be
ex-
tended once for a specified period not to exceed 30 days beyond
such 15-
day period.
(4) If the state of disaster emergency
is proclaimed pursuant to par-
agraph (2), the governor shall terminate the state of disaster
emergency
by proclamation within 15 days, unless ratified by concurrent
resolution
of the legislature, except that when the legislature is not in
session and
upon specific application by the governor to the state finance
council and
an affirmative vote of a majority of the legislative members
thereof, a state
of disaster emergency may be extended for a specified period not
to exceed
30 days. The state finance council may authorize additional
extensions of
the state of disaster emergency by a unanimous vote of the
legislative
members thereof for specified periods not to exceed 30 days
each. Such
state of disaster emergency shall be terminated on the 15th day
of the
next regular legislative session following the initial date of
the state of
disaster emergency unless ratified by concurrent resolution of
the legis-
lature.
(5) At any time, the legislature
by concurrent resolution may require
the governor to terminate a state of disaster emergency. Upon such
action
by the legislature, the governor shall issue a proclamation
terminating the
state of disaster emergency.
(6) Any proclamation declaring or
terminating a state of disaster
emergency which is issued under this subsection shall indicate the
nature
of the disaster, the area or areas threatened or affected by the
disaster
and the conditions which have brought about, or which make
possible
the termination of, the state of disaster emergency. Each such
procla-
mation shall be disseminated promptly by means calculated to bring
its
contents to the attention of the general public and, unless the
circum-
stances attendant upon the disaster prevent the same, each such
procla-
mation shall be filed promptly with the division of emergency
manage-
ment, the office of the secretary of state and each city clerk or
county
clerk, as the case may be, in the area to which such proclamation
applies.
(c) In the event of the absence of the
governor from the state or the
existence of any constitutional disability of the governor, an
officer spec-
ified in K.S.A. 48-1204 and amendments thereto, in the order of
succes-
sion provided by that section, may issue a proclamation declaring a
state
of disaster emergency in the manner provided in and subject to the
pro-
visions of subsection (a). During a state of disaster emergency
declared
pursuant to this subsection, such officer may exercise the powers
con-
ferred upon the governor by K.S.A. 48-925, and amendments thereto.
If
a preceding officer in the order of succession becomes able and
available,
the authority of the officer exercising such powers shall terminate
and
such powers shall be conferred upon the preceding officer. Upon
the
return of the governor to the state or the removal of any
constitutional
disability of the governor, the authority of an officer to exercise
the powers
conferred by this section shall terminate immediately and the
governor
shall resume the full powers of the office. Any state of disaster
emergency
and any actions taken by an officer under this subsection shall
continue
and shall have full force and effect as authorized by law unless
modified
or terminated by the governor in the manner prescribed by law.
(d) A proclamation declaring a state of
disaster emergency shall ac-
tivate the disaster response and recovery aspects of the state
disaster
emergency plan and of any local and interjurisdictional disaster
plans
applicable to the political subdivisions or areas affected by the
procla-
mation. Such proclamation shall be authority for the deployment and
use
of any forces to which the plan or plans apply and for use or
distribution
of any supplies, equipment, materials or facilities assembled,
stockpiled
or arranged to be made available pursuant to this act during a
disaster.
(e) The governor, when advised pursuant
to K.S.A. 74-2608, and
amendments thereto, that conditions indicative of drought exist,
shall be
authorized to declare by proclamation that a state of drought
exists. This
declaration of a state of drought can be for specific areas or
communities,
can be statewide or for specific water sources and shall effect
immediate
implementation of drought contingency plans contained in state
approved
conservation plans, including those for state facilities.
Sec. 12. K.S.A. 48-925 is hereby
amended to read as follows: 48-925.
(a) During any state of disaster emergency declared under K.S.A.
48-924,
and amendments thereto, the governor shall be commander-in-chief
of
the organized and unorganized militia and of all other forces
available for
emergency duty. To the greatest extent practicable, the governor
shall
delegate or assign command authority by prior arrangement,
embodied
in appropriate executive orders or in rules and regulations of the
adjutant
general, but nothing herein shall restrict the authority of the
governor to
do so by orders issued at the time of a disaster.
(b) Under the provisions of this act and
for the implementation
thereof, the governor may issue orders and proclamations which
shall
have the force and effect of law during the period of a state of
disaster
emergency declared under subsection (b) of K.S.A. 48-924, and
amend-
ments thereto, and which orders and proclamations shall be null and
void
thereafter unless ratified by concurrent resolution of the
legislature. Such
orders and proclamations may be revoked at any time by concurrent
res-
olution of the legislature.
(c) During a state of disaster emergency
declared under K.S.A. 48-
924, and amendments thereto, and in addition to any other powers
con-
ferred upon the governor by law, the governor may:
(1) Suspend the provisions of any
regulatory statute prescribing the
procedures for conduct of state business, or the orders or rules
and reg-
ulations of any state agency which implements such statute, if
strict com-
pliance with the provisions of such statute, order or rule and
regulation
would prevent, hinder or delay in any way necessary action in
coping with
the disaster;
(2) utilize all available resources of
the state government and of each
political subdivision as reasonably necessary to cope with the
disaster;
(3) transfer the supervision, personnel
or functions of state depart-
ments and agencies or units thereof for the purpose of performing
or
facilitating emergency management activities;
(4) subject to any applicable
requirements for compensation under
K.S.A. 48-933, and amendments thereto, commandeer or utilize any
pri-
vate property if the governor finds such action necessary to cope
with the
disaster;
(5) direct and compel the evacuation of
all or part of the population
from any area of the state stricken or threatened by a disaster, if
the
governor deems this action necessary for the preservation of life
or other
disaster mitigation, response or recovery;
(6) prescribe routes, modes of
transportation and destinations in con-
nection with such evacuation;
(7) control ingress and egress of
persons and animals to and from a
disaster area, the movement of persons and animals within
the area and
the occupancy by persons and animals of premises
therein;
(8) suspend or limit the sale, dispensing
or transportation of alcoholic
beverages, firearms, explosives and combustibles;
(9) make provision for the availability
and use of temporary emer-
gency housing;
(10) require and direct the cooperation
and assistance of state and
local governmental agencies and officials; and
(11) perform and exercise such other
functions, powers and duties as
are necessary to promote and secure the safety and protection of
the
civilian population.
(d) The governor shall exercise the
powers conferred by subsection
(c) by issuance of orders under subsection (b). The adjutant
general, sub-
ject to the direction of the governor, shall administer such
orders.
Sec. 13. K.S.A. 47-611, 47-617,
47-623, 47-1201, 47-1211, 47-1302,
47-1303, 47-1304, 47-1307, 48-904, 48-924 and 48-925 are hereby
re-
pealed.
Sec. 14. This act shall take effect
and be in force from and after its
publication in the Kansas register.
Approved May 9, 2001.
Published in the Kansas Register May 17, 2001.
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