reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1801 Payment for livestock purchased for slaughter; definitions.

47-1801. Payment for livestock purchased for slaughter; definitions.
As used in K.S.A. 47-1801 through 47-1803, and amendments thereto, unless the context clearly requires otherwise, the following words and phrases shall have the meanings ascribed to them in this section:
(a) "Livestock" means cattle, hogs, sheep, goats, bison, camelids, all creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus and rheas or domesticated deer;
(b) "slaughter" means killing livestock with the intent to process and distribute the meat and by-products of such livestock, regardless of the period of time elapsing between the purchase and the killing of such livestock;
(c) "person" means any individual, firm, partnership, corporation or other organization or business entity;
(d) "payment by check" means the actual delivery of the check to the seller or the seller's representative at the location where the transfer of ownership is accomplished. In the case of "grade and yield" selling, "payment by check" means making the check available at the packing plant, subject to the instructions of the seller or the seller's representative;
(e) "wire transfer" means any telephonic, telegraphic, electronic or similar communication between the bank of the purchaser and the bank of the seller which results in the transfer of funds or credits of the purchaser to an account of the seller;
(f) "domesticated deer" means any member of the family cervidae which was legally obtained and is being sold or raised in a confined area for breeding stock; for any carcass, skin or part of such animal; for exhibition; or for companionship.
History:
L. 1975, ch. 279, § 1; L. 1993, ch. 143, § 7; L. 1994, ch. 79, § 7; L. 2012, ch. 125, § 36; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1802 Same; unlawful acts; payment by check, requirements; penalty.

47-1802.
Same; unlawful acts; payment by check, requirements; penalty.
(a) Unless otherwise agreed to in writing between the owner and the purchaser or their respective agent or representative for each transaction, it shall be unlawful for any person who purchases livestock for slaughter, whether acting individually or as an agent or representative of another, to fail or refuse to make payment by check or wire transfer of funds to the owner of such livestock, owner's representative, agent or assignee, for such livestock on the business day within which the ownership of said livestock is transferred within the state of Kansas, except that if the transfer of ownership is accomplished after normal banking hours said payment shall be made in the manner herein provided not later than the close of the first business day following the transfer of ownership. For the purposes of this section, where livestock is sold and purchased on a "grade and yield" basis, the transfer of ownership shall be deemed to have occurred on the day when the grade and yield is determined.
(b) Whenever payment for livestock purchased for slaughter is made by check, such check shall be drawn on a banking institution within the same federal reserve district in which the transaction takes place, unless otherwise agreed to in writing between the owner and the purchaser or their respective agent or representative.
(c) Any person violating any of the provisions of this section shall be deemed guilty of a class B misdemeanor.
History:
L. 1975, ch. 279, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1803 Disposition of injured or diseased animals.

47-1803.
Disposition of injured or diseased animals.
(a) Any public health officer, officer or agent of a duly incorporated humane society, animal shelter or other appropriate facility, licensed veterinarian or police officer may take charge of any livestock or other domestic animal found injured or diseased upon public property. Such animal may be transported to a licensed veterinarian or a duly incorporated humane society, animal shelter or other appropriate facility for treatment, or, if such animal is injured or diseased beyond recovery or appears likely to injure any person or property, such animal may be killed in a humane manner by any such officer or agent.
(b) Any public health officer, officer or agent of a duly incorporated humane society, animal shelter or other appropriate facility, licensed veterinarian or police officer may take charge of any livestock or other domestic animal found injured or diseased upon private property if such animal appears likely to injure any person or property. The disposition of such animal shall be as provided in subsection (a) of this section.
(c) Unless any such animal's death appears to be imminent by reason of its disease or disability, or such animal is likely to injure any person or property, no such animal may be killed under the provisions of this section unless its owner cannot be located within twenty-four (24) hours.
History:
L. 1975, ch. 280, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1804 Registration of livestock dealers; definitions.

47-1804. Registration of livestock dealers; definitions.
As used in K.S.A. 47-1804 through 47-1808, and amendments thereto, unless the context otherwise requires:
(a) "Commissioner" means the animal health commissioner of the Kansas department of agriculture.
(b) "Livestock" means cattle, bison, swine, horses, sheep, goats, camelids and all creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus and rheas and domesticated deer.
(c) "Livestock dealer" means any person engaged in the business of buying or selling livestock in commerce, either on that person's own account or as the employee or agent of the seller or purchaser, or any person engaged in the business of buying or selling livestock in commerce on a commission basis and shall include any person who buys or sells livestock with the use of a video. "Livestock dealer" does not include any person who buys or sells livestock as part of that person's own breeding, feeding or dairy operation, nor any person who receives livestock exclusively for immediate slaughter.
(d) "Person" means any individual, partnership, corporation, company, firm or association. "Person" does not include any public livestock market operator licensed under K.S.A. 47-1001 et seq., and amendments thereto, or any feedlot operator licensed under K.S.A. 47-1501 et seq., and amendments thereto.
(e) "Domesticated deer" means any member of the family cervidae which was legally obtained and is being sold or raised in a confined area for: (1) Breeding stock; (2) any carcass, skin or part of such animal; (3) exhibition; or (4) companionship.
History:
L. 1984, ch. 194, § 1; L. 1990, ch. 193, § 2; L. 1993, ch. 143, § 8; L. 1994, ch. 79, § 8; L. 2012, ch. 125, § 37; L. 2013, ch. 133, § 21; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1805 Livestock dealer; registration; fees; disposition of moneys.

47-1805. Livestock dealer; registration; fees; disposition of moneys.
(a) Any person operating as a livestock dealer in Kansas shall register with the Kansas department of agriculture division of animal health. Registration shall be made on an application form approved by the animal health commissioner. The application shall be accompanied by the livestock dealer registration fee or renewal fee fixed by the commissioner under subsection (b). If an application for registration or renewal of registration is denied by the commissioner or withdrawn by the applicant, the fee shall not be refunded. Unless renewed under this section, each registration shall expire on the September 30 following the date of issuance.
(b) The animal health commissioner shall determine annually the amount of funds required for the administration and enforcement of this section and K.S.A. 47-1806, and amendments thereto, and shall fix and adjust from time to time a livestock dealer registration fee and a renewal fee in such reasonable amounts as may be necessary for such purposes, except that in no case shall either the livestock dealer registration fee or the renewal fee exceed $75.
(c) The animal health commissioner shall remit all moneys received by or for the commissioner under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the animal disease control fund.
History:
L. 1984, ch. 194, § 2; L. 1986, ch. 197, § 7; L. 1991, ch. 152, § 20; L. 2001, ch. 5, § 173; L. 2012, ch. 140, § 103; L. 2021, ch. 99, § 5; May 27.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1806 Livestock dealer; records and accounts; denial of application or suspension or revocation of registration, hearings.

47-1806.
Livestock dealer; records and accounts; denial of application or suspension or revocation of registration, hearings.
(a) Each livestock dealer shall keep records and accounts of all livestock purchased for resale that are sufficient to enable the commissioner to trace individual animals back to the herd of origin, to the point of destination or both. These records and accounts shall be kept for a minimum of two years after livestock were purchased for resale. The commissioner or the commissioner's employees or agents may examine the records and accounts during normal working hours.
(b) After notice and hearing in accordance with the provisions of the Kansas administrative procedure act, the commissioner may deny any application for registration or suspend or revoke any registration in force, if formal findings are made that the person has failed repeatedly to maintain records and accounts that are sufficient to allow the commissioner to trace animals back to the herd of origin, to the point of destination or both.
History:
L. 1984, ch. 194, § 3; L. 1988, ch. 356, § 160; July 1, 1989.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1807 Penalties.

47-1807. Penalties.
(a) Any person violating or failing to comply with the provisions of K.S.A. 47-1804 through 47-1808, and amendments thereto, shall be deemed guilty of a class A misdemeanor.
(b) The commissioner, after providing notice and opportunity for a hearing in accordance with the Kansas administrative procedure act, may assess a civil penalty against any person who violates or fails to comply with the requirements of this act, or any rules and regulations adopted hereunder, of not less than $100 nor more than $1,000 per violation. A separate civil penalty may be assessed for each separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law.
History:
L. 1984, ch. 194, § 4; L. 1990, ch. 193, § 3; L. 2012, ch. 125, § 38; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1825 Short title.

47-1825. Short title.
The provisions of K.S.A. 47-1825 through 47-1828, and amendments thereto, shall be known and may be cited as the farm animal and field crop and research facilities protection act.
History:
L. 1990, ch. 192, § 1; L. 2001, ch. 90, § 1; L. 2012, ch. 125, § 40; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1826 Definitions.

47-1826. Definitions.
As used in the farm animal and field crop and research facilities protection act:
(a) "Animal" means any warm or coldblooded animal used in food, fur or fiber production, agriculture, research, testing or education and includes dogs, cats, poultry, fish and invertebrates.
(b) "Animal facility" includes any vehicle, building, structure, research facility or premises where an animal is kept, handled, housed, exhibited, bred or offered for sale.
(c) "Consent" means assent in fact, whether express or apparent.
(d) "Deprive" means to:
(1) Withhold an animal or other property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;
(2) restore the animal or other property only upon payment of reward or other compensation; or
(3) dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely.
(e) "Effective consent" includes consent by a person legally authorized to act for the owner. Consent is not effective if:
(1) Induced by force, fraud, deception, duress or threat;
(2) given by a person the offender knows is not legally authorized to act for the owner; or
(3) given by a person who by reason of youth, mental disease or defect or under the influence of drugs or alcohol is known by the offender to be unable to make reasonable decisions.
(f) "Owner" means a person who has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor.
(g) "Person" means any individual, state agency, corporation, association, nonprofit corporation, joint stock company, firm, trust, partnership, two or more persons having a joint or common interest or other legal entity.
(h) "Possession" means actual care, custody, control or management.
(i) "Research facility" means any place, laboratory, institution, medical care facility, elementary school, secondary school, college or university, at which any scientific test, experiment or investigation involving the use of any living animal or field crop product is carried out, conducted or attempted.
History:
L. 1990, ch. 192, § 2; L. 2001, ch. 90, § 2; L. 2012, ch. 125, § 41; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1828 Recovery of damages.

47-1828.
Recovery of damages.
(a) Any person who has been damaged by reason of a violation of K.S.A. 47-1827, and amendments thereto, may bring an action in the district court against the person causing the damage to recover:
(1) An amount equal to three times all actual and consequential damages. Actual and consequential damages shall include the damages involving production, research, testing, replacement and crop or animal development costs directly related to the field crop or animal that has been damaged or destroyed; and
(2) court costs and reasonable attorney fees.
(b) Nothing in this act shall be construed to affect any other rights of a person who has been damaged by reason of a violation of this act. Subsection (a) shall not be construed to limit the exercise of any such rights arising out of or relating to a violation of K.S.A. 47-1827, and amendments thereto.
History:
L. 1990, ch. 192, § 4; L. 2001, ch. 90, § 4; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1831 Animal health commissioner authorized to register original veterinary certificates and provide official calfhood vaccination tags.

47-1831. Animal health commissioner authorized to register original veterinary certificates and provide official calfhood vaccination tags.
(a) The animal health commissioner is hereby authorized to:
(1) Register original veterinary certificates of inspection for livestock, as defined in K.S.A. 47-1001, and amendments thereto; and
(2) provide official calfhood vaccination tags and may require reimbursement for the actual cost of the tags. The commissioner may also charge a processing fee for such tags that shall not exceed $.20 for each tag.
(b) The commissioner shall determine the processing fee annually and shall fix such fee by rules and regulations.
(c) The commissioner shall remit all moneys received by or for the commissioner under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the animal disease control fund.
History:
L. 1991, ch. 152, § 1; L. 2001, ch. 5, § 175; L. 2012, ch. 140, § 106; L. 2021, ch. 99, § 7; May 27.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1832 Animal health commissioner to establish rules and regulations on farm and exotic animals.

47-1832. Animal health commissioner to establish rules and regulations on farm and exotic animals.
The animal health commissioner is hereby authorized to establish rules and regulations on disease control programs for and on the sale and importation into Kansas of farm animals and exotic animals. As used in this section "farm animals" and "exotic animal" means the definitions given by rules and regulations in 9 C.F.R. § 1.1, pursuant to 7 U.S.C. § 2131 et seq.
History:
L. 1991, ch. 152, § 2; L. 1993, ch. 143, § 12; L. 2012, ch. 140, § 107; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 18 - Miscellaneous › 47-1833 Chronic wasting disease tests; results reported to animal health commissioner.

47-1833. Chronic wasting disease tests; results reported to animal health commissioner.
(a) All tests for chronic wasting disease must be conducted in laboratories in a method approved by the animal plant health inspection service of the United States department of agriculture.
(b) All results of testing for chronic wasting disease shall be reported to the animal health commissioner.
History:
L. 2013, ch. 90, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 19 - Aquaculture › 47-1902 State aquaculture plan.

47-1902.
State aquaculture plan.
(a) The Kansas department of agriculture shall be the official lead agency to coordinate aquaculture activities in the state and shall be responsible for the implementation of a state aquaculture plan.
(b) The secretary of agriculture shall, in regard to the aquaculture industry, have the following duties, authorities and powers to:
(1) Work with the respective regulatory and resource agencies to delineate individual agency responsibilities and activities in aquaculture research, regulation, service, and development;
(2) serve as an advocate for the industry and assist in promoting and marketing aquaculture products. The secretary shall provide market development assistance in conjunction with the industry and shall facilitate improved communication and interaction among aquaculture producers, governmental agencies, both federal and state, and with national organizations representing aquaculture interests;
(3) coordinate the development of aquaculture literature for the general public and fish growers, and act as a central clearinghouse for the transfer of information;
(4) provide guidance for aquaculture research and development;
(5) assist in the development and conducting of educational seminars, workshops, short courses, and other programs on aquaculture;
(6) accept grants and donations; and
(7) promulgate and adopt rules and regulations for the administration of this act.
(c) In implementing the provisions of this section, aquaculture and aquaculture products shall be deemed to be agricultural products as that term is used in K.S.A. 74-530, and amendments thereto. In addition, the secretary of agriculture may use any power and authority granted under K.S.A. 74-530, and amendments thereto, in the implementation of this act.
History:
L. 1992, ch. 102, § 10; L. 2004, ch. 101, § 81; L. 2006, ch. 16, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 19 - Aquaculture › 47-1905 Aquaculture fund.

47-1905.
Aquaculture fund.
(a) There is hereby created in the state treasury the aquaculture fund. Such fund shall be used to receive and expend donations and grants to fund research in aquaculture and to promote and market aquaculture and aquaculture products in the state of Kansas.
(b) 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 vouchers approved by the secretary of agriculture or by a person or persons designated by the secretary.
History:
L. 1992, ch. 102, § 13; L. 1993, ch. 53, § 2; L. 2004, ch. 101, § 84; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 20 - Kansas Sheep Council › 47-2001 Definitions.

47-2001.
Definitions.
As used in this act:
(a) "Council" means the Kansas sheep council.
(b) "Purchaser" means any person, public or private corporation, association or partnership who buys sheep or wool from the seller or acts as an agent for the sale or slaughter transaction.
(c) "Producer" means a person who is actively engaged within this state in the business of producing or marketing sheep or wool and who receives income from the production of sheep or wool.
(d) "Sale" or "sold" means a transaction in which the property in or to sheep or wool is transferred from the seller to a purchaser for full or partial consideration.
(e) "Secretary" means the secretary of agriculture.
(f) "Sheep" means an animal of the ovine species, produced, fed, slaughtered or marketed in this state.
(g) "Wool" means the natural fiber produced by sheep.
(h) "Seller" means any private entity or corporation that sells sheep or wool.
History:
L. 1992, ch. 275, § 1; L. 2004, ch. 101, § 85; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 20 - Kansas Sheep Council › 47-2002 Kansas sheep council; members, officers, compensation.

47-2002.
Kansas sheep council; members, officers, compensation.
(a) There is hereby created the Kansas sheep council.
(b) The council shall consist of seven members who will be elected at the annual meeting of the Kansas sheep association. The board of directors of the Kansas sheep association shall act as interim council members until council members can be elected and qualified. Vacancies which may occur shall be filled for unexpired terms by the board of directors of the Kansas sheep association from among the producers of the state. Each council member appointed on and after the effective date of this act, other than a council member appointed to fill a vacancy for an unexpired term, shall be elected for a term of four years except that three of the council members first elected on and after the effective date of this act shall be elected for a term of two years. No member may serve more than one consecutive term. Upon the expiration of a term of a member of the council, such member shall continue to serve as a member of the council until a successor to such member is elected and qualified.
(c) Members of the council shall be residents of this state and have been an active producer in this state for at least five years immediately preceding their appointment. Of such members, two members shall be lamb feeders, two members shall have ewe flocks, one member shall produce purebred sheep and two members shall be from producers at large. The selections shall be made from nominations for each respective position by each respective producer group. The elections will be held at an open session to all sheep producers at the annual meeting of the Kansas sheep association.
(d) The dean of the college of agriculture of Kansas state university or the dean's representative and the secretary or the secretary's designee shall serve as ex officio nonvoting members of the board.
(e) The council shall annually elect a chairperson from its membership.
(f) A member of the council may cease to hold such member's position on the council for any of the following reasons, at the discretion of a majority of the council, upon resolution duly adopted by the council dismissing such member: (1) Failure to attend two or more regular meetings of the council; or (2) ceasing to be a producer.
(g) Members of the Kansas sheep council attending meetings of such council, or attending a subcommittee meeting authorized by such council, shall be paid compensation and other expenses.
(h) The council shall meet at least once every calendar quarter regularly and hold an annual meeting which shall be open to the public. The day, time and place of each meeting shall be determined by the council. The chairperson or any three members of the council may call special meetings of the council upon such notice as may be prescribed by the duly adopted rules and regulations of the council.
History:
L. 1992, ch. 275, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 20 - Kansas Sheep Council › 47-2003 Same; powers and duties.

47-2003.
Same; powers and duties.
In the administration of this act, the council shall have the following duties, authorities and powers:
(a) To conduct a campaign of market development, through research, education and promotion;
(b) to find new markets for sheep and wool, or their products;
(c) to accept grants and donations;
(d) to sue and be sued;
(e) to enter into such contracts as may be necessary or advisable for the purpose of this act;
(f) to appoint an administrator who is knowledgeable about the sheep industry and fix the compensation. With the approval of the council, the administrator may appoint such other personnel as is needed;
(g) to cooperate or contract with any local, state or national organization or agency, whether voluntary or created by the law of any state, or by national law, engaged in work or activities similar to the work and activities of the council, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and promotion;
(h) to establish an office of the administrator at any place in this state the council may select;
(i) to adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules and regulations for the procedure and exercise of its powers and the performance of its duties; and
(j) to approve an annual budget and establish a reserve. Each market research project budgeted and approved by the council shall include a stated objective and anticipated results. In the council's annual report to the industry, the council shall include those objectives and actual results.
History:
L. 1992, ch. 275, § 3; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 20 - Kansas Sheep Council › 47-2004 Assessment; receipts, refunds.

47-2004.
Assessment; receipts, refunds.
(a) An assessment to be set by the council at not more than $.02 for each pound of wool produced and sold by a seller and not more than $.35 per head for each sale transaction or slaughter transaction for each sheep of all classes shall be imposed on the seller at the time of delivery of the wool or sheep to the purchaser who will deduct the assessment from the price paid to the seller at the time of sale. If the seller sells, ships, or otherwise disposes of wool or sheep to a purchaser or other person outside the state of Kansas, the seller shall deduct the assessment from the amount received from the sale. Any sheep owned less than 30 days or any sheep less than 30 days of age shall be exempt from such assessment.
(b) The council shall not change the assessment rate, either to increase or reduce, more than once a year. The administrator shall furnish to every purchaser receipt forms which shall be issued by such purchaser to the seller upon payment of such assessment. The form shall indicate thereon the procedure by which the seller may obtain a refund of any such assessment, except a refund shall not be issued unless the amount of the refund is $5 or more. Within one year after any and all sales during such period the seller, upon submission of a request therefor to the administrator, may obtain such refund in the amount of the assessment deducted by the purchaser. Such request shall be accompanied by evidence of the payment of the assessment which need not be verified.
(c) The council shall keep complete records of all refunds made under the provisions of this section. Records of refunds may be destroyed two years after the refund is made. All funds expended in the administration of this act and for the payment of all claims whatsoever growing out of the performance of any duties or activities pursuant to this act shall be paid from the proceeds derived from such act. In the case of a lien holder who is a first purchaser as defined herein, the assessment shall be deducted by the lien holder from the proceeds of the claim secured by such lien at the time the sheep or wool, or their products, is pledged or mortgaged. The assessment shall constitute a preferred lien and shall have priority over all other liens and encumbrances upon such sheep or wool, or their products. The assessment shall be deducted and paid as herein provided whether such sheep or wool, or their products, is in this or any other state.
History:
L. 1992, ch. 275, § 4; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 20 - Kansas Sheep Council › 47-2005 Collection and disbursement of assessment.

47-2005.
Collection and disbursement of assessment.
(a) The council shall negotiate and contract with a person or persons to collect and disburse the assessments pursuant to this act.
(b) The assessment hereby imposed, on or before the 20th day of the calendar month following the date of settlement, shall be paid by the purchaser or seller who sells out of state to such person or persons. The person or persons shall issue a receipt to the purchaser or seller therefor and shall remit all moneys received in payment of such assessment to a bank account at least monthly.
(c) Each bank account for use in operating and conducting the council's duties shall be secured by pledge of securities in the manner prescribed for state bank accounts under K.S.A. 75-4218, and amendments thereto or if such bank account is in an institution outside the state of Kansas, the institution shall be licensed by a state or the federal government.
(d) All money collected pursuant to K.S.A. 47-2004 shall be expended in the administration of this act, and for the payment of claims based upon obligations incurred in the performance of the activities and functions set forth in this act, and for no other purpose.
History:
L. 1992, ch. 275, § 5; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 20 - Kansas Sheep Council › 47-2006 Lien; foreclosure.

47-2006.
Lien; foreclosure.
If the assessment is not deducted and paid to the person or persons as provided in K.S.A. 47-2005, or within 10 days thereafter, such lien, within one year after the expiration of such 10-day period, may be foreclosed by action in any court having jurisdiction in the county in which such sheep or wool, or their products, was sold, or in which such sheep or wool, or their products, may be found, or in which such sheep or wool, or their products, shall have been commingled with other sheep or wool, or their products.
History:
L. 1992, ch. 275, § 6; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 20 - Kansas Sheep Council › 47-2007 Penalties.

47-2007.
Penalties.
Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $25 nor more than $500 or by imprisonment in the county jail for not less than 30 nor more than 90 days, or by both such fine and imprisonment.
History:
L. 1992, ch. 275, § 7; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 21 - Domesticated Deer › 47-2102 Intentionally releasing domesticated deer; penalty.

47-2102.
Intentionally releasing domesticated deer; penalty.
(a) It shall be unlawful for any person to intentionally release or set free domesticated deer from a confined area.
(b) Violation of this section is a class C nonperson misdemeanor.
History:
L. 1993, ch. 143, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 21 - Domesticated Deer › 47-2103 Raising domesticated deer; civil penalty.

47-2103. Raising domesticated deer; civil penalty.
In addition to or in lieu of any other civil or criminal penalty provided by law, the animal health commissioner, upon a finding that a person has violated or failed to comply with any provision of article 21 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, or any rule and regulation adopted thereunder, may impose on such person a civil fine not exceeding $1,000 for each violation. Each day any provision of article 21 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, or any rule and regulation adopted pursuant thereto is violated shall constitute a separate offense.
History:
L. 2013, ch. 90, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 22 - Ostriches › 47-2201 Classifying ostriches, emus and rheas as livestock.

47-2201.
Classifying ostriches, emus and rheas as livestock.
All creatures of the ratite family that are not indigenous to this state, including but not limited to ostriches, emus and rheas, are hereby classified as livestock and shall be subject to all appropriate laws and rules and regulations relating to livestock.
History:
L. 1994, ch. 79, § 1; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 23 - Kansas Dairy Commission › 47-2301 Definitions.

47-2301.
Definitions.
As used in this act:
(a) "Commission" means the Kansas dairy commission.
(b) "Purchaser" means any person, public or private corporation, association or partnership who buys fluid milk from the seller or acts as an agent for the sale transaction.
(c) "Producer" means a person who is actively engaged within this state in the business of producing fluid milk and who receives income from the production of fluid milk.
(d) "Sale" or "sold" means a transaction in which fluid milk is transferred from the seller to a purchaser for full or partial consideration.
(e) "Secretary" means the secretary of agriculture.
(f) "Seller" means any private entity or corporation that sells fluid milk.
History:
L. 1995, ch. 89, § 1; L. 2004, ch. 101, § 86; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 23 - Kansas Dairy Commission › 47-2302 Kansas dairy commission; members, officers, compensation.

47-2302.
Kansas dairy commission; members, officers, compensation.
(a) There is hereby created the Kansas dairy commission.
(b) The commission shall consist of seven members who will be elected at the annual meeting of the Kansas dairy association. The board of directors of the Kansas dairy association shall act as interim commission members until commission members can be elected and qualified. Vacancies which may occur shall be filled for unexpired terms by the board of directors of the Kansas dairy association from among the producers of the state. Each commission member appointed on and after the effective date of this act, other than a commission member appointed to fill a vacancy for an unexpired term, shall be elected for a term of four years except that three of the commission members first elected on and after the effective date of this act shall be elected for a term of two years. No member may serve more than two consecutive terms. Upon the expiration of a term of a member of the commission, such member shall continue to serve as a member of the commission until a successor to such member is elected and qualified.
(c) Members of the commission shall be residents of this state and currently be active producers. One member shall be elected from each of the dairy herd improvement association districts and the remaining members shall be elected at large. The elections will be held at an open session to all dairy producers at the annual meeting of the Kansas dairy association.
(d) The dean of the college of agriculture of Kansas state university or the dean's representative and the secretary or the secretary's designee shall serve as ex officio nonvoting members of the commission.
(e) The commission shall annually elect a chairperson from its membership.
(f) A member of the commission may cease to hold such member's position on the commission for any of the following reasons, at the discretion of a majority of the commission, upon resolution duly adopted by the commission dismissing such member: (1) Failure to attend two or more regular meetings of the commission, if unexcused; or (2) ceasing to be a producer.
(g) Members of the Kansas dairy commission attending meetings of such commission, or attending a subcommittee meeting authorized by such commission, may be paid compensation and other expenses.
(h) The commission shall meet at least once every calendar quarter regularly and hold an annual meeting which shall be open to the public. The day, time and place of each meeting shall be determined by the commission. The chairperson or any three members of the commission may call special meetings of the commission upon such notice as may be prescribed by the duly adopted rules and regulations of the commission.
History:
L. 1995, ch. 89, § 2; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 23 - Kansas Dairy Commission › 47-2303 Same; powers and duties.

47-2303.
Same; powers and duties.
In the administration of this act, the commission shall have the following duties, authorities and powers:
(a) To conduct a campaign of dairy industry development, through research, education and information;
(b) to accept grants and donations;
(c) to sue and be sued;
(d) to enter into such contracts as may be necessary or advisable for the purpose of this act;
(e) to appoint an administrator who is knowledgeable about the dairy industry and fix the compensation. With the approval of the commission, the administrator may appoint such other personnel as is needed;
(f) to cooperate or contract with any local, state or national organization or agency, whether voluntary or created by the law of any state, or by national law, engaged in work or activities similar to the work and activities of the commission, and to enter into contracts and agreements with such organizations or agencies for carrying on a joint campaign of research, education and promotion;
(g) to establish an office of the administrator at any place in this state the commission may select;
(h) to adopt, rescind, modify and amend all necessary and proper orders, resolutions and rules and regulations for the procedure and exercise of its powers and the performance of its duties; and
(i) to approve an annual budget and establish a reserve. Each project budgeted and approved by the commission shall include a stated objective and anticipated results. In the commission's annual report to the industry, the commission shall include those objectives and actual results.
History:
L. 1995, ch. 89, § 3; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 23 - Kansas Dairy Commission › 47-2304 Assessments; receipts; refunds.

47-2304.
Assessments; receipts; refunds.
(a) An assessment to be set by the commission at not more than .1 percent of the market price per hundred pounds of fluid milk produced and sold by a seller shall be imposed on the seller at the time of delivery of the fluid milk to the purchaser who will deduct the assessment from the price paid to the seller at the time of sale.
(b) The commission shall not change the assessment rate, either to increase or reduce, more than once a year. The administrator shall furnish to every purchaser receipt forms which shall be issued by such purchaser to the seller upon payment of such assessment. The form shall indicate thereon the procedure by which the seller may obtain a refund of any such assessment, except a refund shall not be issued unless the amount of the refund is $5 or more. Within one year after any and all sales during such period the seller, upon submission of a request therefor to the administrator, may obtain such refund in the amount of the assessment deducted by the purchaser. Such request shall be accompanied by evidence of the payment of the assessment which need not be verified.
(c) The commission shall keep complete records of all refunds made under the provisions of this section. Records of refunds may be destroyed two years after the refund is made. All funds expended in the administration of this act and for the payment of all claims whatsoever growing out of the performance of any duties or activities pursuant to this act shall be paid from the proceeds derived from such act.
History:
L. 1995, ch. 89, § 4; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 23 - Kansas Dairy Commission › 47-2305 Collection and disbursement of assessment.

47-2305.
Collection and disbursement of assessment.
(a) The commission shall negotiate and contract with a person or persons to collect and disburse the assessments pursuant to this act.
(b) The assessment hereby imposed, on or before the 20th day of the calendar month following the date of settlement, shall be paid by the purchaser and remitted to the person or persons contracted with pursuant to subsection (a). The person or persons shall issue a receipt to the purchaser therefor and shall remit all moneys received in payment of such assessment to a bank account at least monthly.
(c) Each bank account for use in operating and conducting the commission's duties shall be secured by pledge of securities in the manner prescribed for state bank accounts under K.S.A. 75-4218, and amendments thereto or if such bank account is in an institution outside the state of Kansas, the institution shall be licensed by a state or the federal government.
(d) All money collected pursuant to K.S.A. 47-2304 shall be expended in the administration of this act, and for the payment of claims based upon obligations incurred in the performance of the activities and functions set forth in this act, and for no other purpose.
History:
L. 1995, ch. 89, § 5; July 1.
2023 Kansas Statutes › Chapter 47 - Livestock And Domestic Animals › Article 23 - Kansas Dairy Commission › 47-2306 Penalties.

47-2306. Penalties.
Any person who shall violate any of the provisions of article 23 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $100 nor more than $1,000 or by imprisonment in the county jail for not less than 30 nor more than 90 days, or by both such fine and imprisonment.
History:
L. 1995, ch. 89, § 6; L. 2012, ch. 125, § 42; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 1 - Classification Of Militia › 48-101 Persons subject to military duty; classes.

48-101.
Persons subject to military duty; classes.
All persons subject to military duty under the constitution of this state and not exempt therefrom by the provisions of this act, and such other persons as shall voluntarily enroll themselves, shall be divided into three (3) classes, to wit: One consisting of the federally recognized national guard, which shall be known as the "Kansas army and air national guard"; one consisting of those able-bodied male citizens prescribed and contemplated in article 8 of the constitution of this state not in the "Kansas army and air national guard" which shall be known as "the militia"; and one to consist of all those subject to military duty, but not included in the "Kansas army and air national guard" or "the militia" to be known as the "Kansas military reserve."
History:
L. 1901, ch. 255, § 1; R.S. 1923, 48-101; L. 1961, ch. 257, § 1; L. 1973, ch. 213, § 1; July 1.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 1 - Classification Of Militia › 48-102 Persons exempt from military duty.

48-102.
Persons exempt from military duty.
The following persons are exempt from military duty:
First, all persons in the army or navy or volunteers force of the United States and those who have been honorably discharged therefrom; all persons who have served in the Kansas national guard for the term of four years and have been honorably discharged; all the judges and clerks of the several courts of the state and the county treasurers.
Second, incapacitated persons, mentally ill persons, and persons convicted of infamous crimes.
Third, all persons who are members of any well recognized religious sect or organization at present organized and existing whose creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of said religious organization: Provided, That the aforesaid exempted persons included in the first subdivision of this section shall be liable to military duty in case of war, insurrection or invasion, or imminent danger thereof.
History:
L. 1901, ch. 255, § 2; L. 1915, ch. 243, § 1; R.S. 1923, 48-102; L. 1965, ch. 334, § 1; January 1, 1966.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 1 - Classification Of Militia › 48-103 Honorable discharge, company E, second battalion, mustered out 1869.

48-103.
Honorable discharge, company E, second battalion, mustered out 1869.
Laws of 1917, chapter 225, section 1, included by reference. [Provides for recording honorable discharge for surviving officers and men of company E, second battalion, Kansas state military cavalry volunteers, service from July to November, 1869, protecting the frontier and to repel Indian uprisings.]
History:
R.S. 1923, 48-103.
2023 Kansas Statutes › Chapter 48 - Militia, Defense And Public Safety › Article 2 - Kansas Army And Air National Guard › 48-201 Composition and organization; term "Kansas state guard" defined; tax exemptions to instrumentalities of armed forces.

48-201.
Composition and organization; term "Kansas state guard" defined; tax exemptions to instrumentalities of armed forces.
The Kansas army and air national guard shall consist of such units as the governor of Kansas may from time to time authorize to be formed, all to be formed and organized in accordance with the laws governing the regular army and regular air force of the United States and the regulations issued by the secretary of defense, the department of the army and the department of the air force of the United States. Wherever the term Kansas state guard is used in this chapter, it shall be understood to consist of such units of the organized militia as the governor of Kansas may from time to time authorize to be formed when the national guard has been ordered or called into federal service. No excise taxes of this state, direct or indirect, other than those on distilled spirits or wine, and motor fuels shall be imposed upon the sale, use, delivery or storage of articles of merchandise to any instrumentality of the armed forces of the United States engaged in resale activities to members of the armed forces, except those state excise taxes which may be specifically authorized by the various acts of the congress of the United States: Provided, That any tax collected in contravention of the terms of this act shall be repaid in cash or tax credit by the director of revenue and taxation of the state of Kansas under such rules and regulations as he or she may adopt.
History:
L. 1917, ch. 220, § 1; R.S. 1923, 48-201; L. 1951, ch. 321, § 1; L. 1957, ch. 306, § 1; L. 1965, ch. 335, § 1; June 30.