Session Law

Identifying Information:L. 2001 ch. 060
Other Identifying Information:2001 Senate Bill 139
Tax Type:Other
Brief Description:An Act concerning civil procedure; relating to liability for domestic animal activities; amending K.S.A. 60-4001 and repealing the existing section.
Keywords:


Body:

CHAPTER 60

SENATE BILL No. 139


An Act concerning civil procedure; relating to liability for domestic animal activities;

amending K.S.A. 60-4001 and repealing the existing section.

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

Section 1. K.S.A. 60-4001 is hereby amended to read as follows: 60-

4001. As used in this act:

(a) ``Engages in a domestic animal activity'' means riding, training,

boarding, loading, hauling, breeding, racing, providing or assisting in

medical treatment of, driving, or being a passenger upon a domestic an-

imal or in or on a vehicle pulled or pushed by a domestic animal, whether

mounted or unmounted or any person assisting a participant or show

management. The term ``engages in an activity involving domestic ani-

mals'' does not include being a spectator at an activity involving domestic

animals, except in cases where the spectator places the spectator's self in

an unauthorized area and in immediate proximity to the activity involving

domestic animals.

(b) ``Domestic animal'' means a cow, swine, sheep, goat, domesti-

cated deer, llama, poultry, rabbit, horse, pony, mule, jenny, donkey or,

hinny, bison, camels, giraffes or any creature of the ratite family, including

but not limited to, an ostrich, emu or rhea.

(c) ``Domestic animal activity'' means, but is not limited to:

(1) Shows, fairs, competitions, performances or parades that involve

any or all breeds of domestic animals and any of the equine disciplines,

including, but not limited to, dressage, hunter and jumper horse shows,

grand prix jumping, three-day events, combined training, rodeos, driving,

pulling, cutting, polo, steeple chasing, English and western performance

riding, trail riding, endurance trail riding and western games, and hunting;

(2) domestic animal training or teaching activities or both;

(3) boarding domestic animals;

(4) riding, inspecting or evaluating domestic animals belonging to an-

other, whether or not the owner has received some monetary consider-

ation or other thing of value for the use of the domestic animals or is

permitting a prospective purchaser of the domestic animals to ride, in-

spect or evaluate the domestic animals;

(5) rides, trips, hunts or other domestic animal activities of any type

however informal or impromptu that are sponsored by a domestic animal

activity sponsor; and

(6) hoofcare and placing or replacing shoes on a domestic animal.

(d) ``Domestic animal activity sponsor'' means an individual, group,

club, partnership or corporation, whether or not the sponsor is operating

for profit or nonprofit, which sponsors, organizes or provides the facilities

for, a domestic animal activity, including but not limited to: Pony clubs,

4-H clubs, hunt clubs, riding clubs, trail rides, racetrack, school and col-

lege-sponsored classes, programs and activities, therapeutic riding pro-

grams, breeding farms, training farms and operators, instructors, and pro-

moters of domestic animal facilities, including, but not limited to, stables,

clubhouses, pony ride strings, fairs and arenas at which the activity is held.

(e) ``Domestic animal professional'' means an individual, partnership

or corporation and such individual or entities' employees engaged in a

domestic animal activity for compensation:

(1) In instructing a participant or renting to a participant a domestic

animal for the purpose of riding, driving or being a passenger upon the

domestic animal, or a passenger in or on a vehicle pulled or pushed by a

domestic animal; or

(2) in renting equipment or tack to a participant.

(f) ``Inherent risks of domestic animal activities'' means those dangers

or conditions which are an integral part of domestic animal activities,

including, but not limited to:

(1) The propensity of a domestic animal to run, buck, bite, shy, stum-

ble, rear, fall, step on or behave in ways that may result in injury, harm

or death to persons on or around them;

(2) the unpredictability of a domestic animal's reaction to such things

as sounds, sudden movement and unfamiliar objects, persons or other

animals;

(3) certain hazards such as surface and subsurface conditions;

(4) collisions with other domestic animals or objects; and

(5) the potential of a participant to act in a negligent manner that

may contribute to injury to the participant or others, such as failing to

maintain control over the animal or not acting within such participant's

ability.

(g) ``Participant'' means any person who engages in a domestic animal

activity.

Sec. 2. K.S.A. 60-4001 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 2, 2000.


__________




Date Composed: 09/25/2001 Date Modified: 09/25/2001