SENATE Substitute for Substitute for HOUSE BILL No. 2468
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.
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-
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
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
(a) ``Commissioner'' means the livestock commissioner of the state of
(b) ``Person'' means any individual, partnership, firm, corporation or
(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
(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
(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
(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-
(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,
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-
(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
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-
(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-
(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
(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
(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-
(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
(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-
Sec. 14. This act shall take effect and be in force from and after its
publication in the Kansas register.
Approved May 9, 2000.
Published in the Kansas Register May 17, 2000.
Date Composed: 09/25/2001 Date Modified: 09/25/2001