CHAPTER 88
SENATE BILL No. 395
An Act concerning plant and animal diseases; relating to
state of disaster emergency; un-
lawful acts and punishment therefor; amending K.S.A. 21-3419 and
21-3436 and K.S.A.
2001 Supp. 48-924 and repealing the existing sections; also
repealing K.S.A. 2001 Supp.
47-623.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) Endangering the
food supply is knowingly:
(1) Except as provided in subsection (b),
bringing into this state any
domestic animal which is affected with any contagious or infectious
dis-
ease or any animal which has been exposed to any contagious or
infectious
disease;
(2) except as provided in subsection (b),
exposing any animal in this
state to any contagious or infectious disease;
(3) except as permitted under K.S.A.
2-2112 et seq., and amendments
thereto, bringing or releasing into this state any plant pest as
defined in
K.S.A. 2-2113, and amendments thereto, or exposing any plant to a
plant
pest; or
(4) except as provided in subsection (b),
exposing any raw agricultural
commodity, animal feed or processed food to any contaminant or
con-
tagious or infectious disease.
(b) The provisions of this section shall
not apply to bona fide exper-
iments and actions related thereto carried on by commonly
recognized
research facilities.
(c) As used in this section: (1) ``Animal
feed'' means an article which
is intended for use for food for animals other than humans and
which is
intended for use as a substantial source of nutrients in the diet
of the
animal, and is not limited to a mixture intended to be the sole
ration of
the animal;
(2) ``contagious or infectious disease''
means any disease which can
be spread from one subject to another by direct or indirect contact
or by
an intermediate agent, including, but not limited to, anthrax, all
species
of brucellosis, equine infectious anemia, hog cholera,
pseudorabies, pso-
roptic mange, rabies, tuberculosis, vesicular stomatitis, avian
influenza,
pullorum, fowl typhoid, psittacosis, viscerotropic velogenic
Newcastle dis-
ease, foot and mouth disease, rinderpest, African swine fever,
piroplas-
mosis, vesicular exanthema, Johne's disease, scabies, scrapies,
bovine leu-
kosis and bovine spongiform encephalopathy;
(3) ``processed food'' means any food
other than a raw agricultural
commodity and includes any raw agricultural commodity that has
been
subject to processing, such as canning, cooking, freezing,
dehydration or
milling; and
(4) ``raw agricultural commodity'' means
any food in its raw or natural
state, including all fruits that are washed, colored or otherwise
treated in
their unpeeled natural form prior to marketing.
(d) (1) Endangering the food supply
is a class A nonperson misde-
meanor.
(2) Endangering the food supply when the
contagious or infectious
disease is foot-and-mouth disease is a severity level 4, nonperson
felony.
(e) The provisions of this section shall
be part of and supplemental
to the Kansas criminal code.
New Sec. 2. (a) Aggravated
endangering the food supply is endan-
gering the food supply, as provided in section 1, and amendments
thereto,
when done with the: (1) Intent to cause damage to plants or animals
or
to cause economic harm or social unrest; or
(2) intent to cause illness or injury or
death to a human being or
beings.
(b) (1) Aggravated endangering the
food supply as provided in sub-
section (a)(1) is a severity level 3, nonperson felony.
(2) Aggravated endangering the food
supply as provided in subsection
(a)(2) is a severity level 3, person felony.
(c) The provisions of this section shall
be part of and supplemental
to the Kansas criminal code.
Sec. 3. K.S.A. 21-3419 is hereby
amended to read as follows: 21-
3419. (a) A criminal threat is any threat to:
(1) Commit violence communicated with
intent to terrorize another,
or to cause the evacuation of any building, place of assembly or
facility
of transportation, or in reckless disregard of the risk of causing
such terror
or evacuation; or
(2) adulterate or contaminate any food,
raw agricultural commodity,
beverage, drug, animal feed, plant or public water
supply; or
(3) expose any animal in this state to
any contagious or infectious
disease.
(b) A criminal threat is a severity level
9, person felony.
(c) As used in this section, ``threat''
includes any statement that one
has committed any action described by subsection (a)(1) or (2).
Sec. 4. K.S.A. 21-3436 is hereby
amended to read as follows: 21-
3436. (a) Any of the following felonies shall be deemed an
inherently
dangerous felony whether or not such felony is so distinct from the
hom-
icide alleged to be a violation of subsection (b) of K.S.A. 21-3401
and
amendments thereto as not to be an ingredient of the homicide
alleged
to be a violation of subsection (b) of K.S.A. 21-3401 and
amendments
thereto:
(1) Kidnapping, as defined in K.S.A.
21-3420 and amendments
thereto;
(2) aggravated kidnapping, as defined in
K.S.A. 21-3421 and amend-
ments thereto;
(3) robbery, as defined in K.S.A. 21-3426
and amendments thereto;
(4) aggravated robbery, as defined in
K.S.A. 21-3427 and amend-
ments thereto;
(5) rape, as defined in K.S.A. 21-3502
and amendments thereto;
(6) aggravated criminal sodomy, as
defined in K.S.A. 21-3506 and
amendments thereto;
(7) abuse of a child, as defined in
K.S.A. 21-3609 and amendments
thereto;
(8) felony theft under subsection (a) or
(c) of K.S.A. 21-3701 and
amendments thereto;
(9) burglary, as defined in K.S.A 21-3715
and amendments thereto;
(10) aggravated burglary, as defined in
K.S.A. 21-3716 and amend-
ments thereto;
(11) arson, as defined in K.S.A. 21-3718
and amendments thereto;
(12) aggravated arson, as defined in
K.S.A. 21-3719 and amendments
thereto;
(13) treason, as defined in K.S.A.
21-3801 and amendments thereto;
(14) any felony offense as provided in
K.S.A. 65-4127a, 65-4127b or
65-4159 or K.S.A. 1995 2001 Supp. 65-4160
through 65-4164 and amend-
ments thereto; and
(15) any felony offense as provided in
K.S.A. 21-4219 and amend-
ments thereto; and
(16) endangering the food supply as
defined in section 1, and amend-
ments thereto.
(b) Any of the following felonies shall
be deemed an inherently dan-
gerous felony only when such felony is so distinct from the
homicide
alleged to be a violation of subsection (b) of K.S.A. 21-3401 and
amend-
ments thereto as to not be an ingredient of the homicide alleged to
be a
violation of subsection (b) of K.S.A. 21-3401 and amendments
thereto:
(1) Murder in the first degree, as
defined in subsection (a) of K.S.A.
21-3401 and amendments thereto;
(2) murder in the second degree, as
defined in subsection (a) of
K.S.A. 21-3402 and amendments thereto;
(3) voluntary manslaughter, as defined in
subsection (a) of K.S.A. 21-
3403 and amendments thereto;
(4) aggravated assault, as defined in
K.S.A. 21-3410 and amendments
thereto;
(5) aggravated assault of a law
enforcement officer, as defined in
K.S.A. 21-3411 and amendments thereto;
(6) aggravated battery, as defined in
subsection (a)(1) of K.S.A. 21-
3414 and amendments thereto; and
(7) aggravated battery against a law
enforcement officer, as defined
in K.S.A. 21-3415 and amendments thereto.
(c) This section shall be part of and
supplemental to the Kansas crim-
inal code.
Sec. 5. K.S.A. 2001 Supp. 48-924 is
hereby amended to read as fol-
lows: 48-924. (a) The governor shall be responsible for meeting the
dan-
gers 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. In
addition to or
instead of any actions pursuant to the provisions of K.S.A.
2-2114, and
amendments thereto, the governor, upon a finding or when
notified pur-
suant to K.S.A. 2-2112 et seq., and amendments thereto, that a
quarantine
or other regulations are necessary to prevent the spread among
plants,
raw agricultural commodities, animal feed or processed food of
any con-
tagious 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
legislature.
(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. 6. K.S.A. 21-3419 and 21-3436 and K.S.A. 2001 Supp.
47-623
and 48-924 are hereby repealed.
Sec. 7. This act shall take effect and be in force
from and after its
publication in the Kansas register.
Approved April 24, 2002.
Published in the Kansas Register May 2, 2002.
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