Session Law

Identifying Information:L. 2001 ch. 163
Other Identifying Information:2001 Senate Substitute for Substitute for House Bill 2468
Tax Type:Other
Brief Description:An Act concerning animal diseases; relating to quarantines; concerning garbage feeding; relating to state of disaster emergency; amending K.S.A. 47-611, 47-617, 47-623, 47- 1201, 47-1211, 47-1302, 47-1303, 47-1304, 47-1307, 48-904, 48-924 and 48-925 and repealing the existing sections.
Keywords:


Body:

CHAPTER 163

SENATE Substitute for Substitute for HOUSE BILL No. 2468


An Act concerning animal diseases; relating to quarantines; concerning garbage feeding;

relating to state of disaster emergency; amending K.S.A. 47-611, 47-617, 47-623, 47-

1201, 47-1211, 47-1302, 47-1303, 47-1304, 47-1307, 48-904, 48-924 and 48-925 and

repealing the existing sections.




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

Section 1. K.S.A. 47-611 is hereby amended to read as follows: 47-

611. (a) When the commissioner determines that a quarantine and other

regulations is are necessary to prevent the spread among domestic ani-

mals of any contagious or infectious disease, the commissioner shall notify

the governor of such determination, and the governor shall issue a proc-

lamation announcing the boundary of such quarantine and the orders and

rules and regulations prescribed by the commissioner, which proclama-

tion shall be published in the Kansas register, except that the commis-

sioner, if the area affected by the quarantine is limited in extent, may

dispense with the proclamation of the governor and give such notice as

the commissioner shall deem sufficient to make the quarantine effective.

(b) Upon a determination by the governor that a quarantine or other

regulations are necessary to prevent the spread among domestic animals

of any contagious or infectious disease, the governor shall direct the com-

missioner to establish a quarantine pursuant to this section.

(c) The governor may require and direct the cooperation and assis-

tance of any state agency in enforcing such quarantine or other regula-

tions pursuant to subsection (a) or (b).

(b) (d) The commissioner shall establish such quarantine immediately

and shall give and enforce such directions, rules and regulations as to

separating, isolating, handling and treating, feeding and caring for such

diseased animals, animals exposed to the disease and animals within the

quarantine which have not been immediately exposed, as the commis-

sioner deems necessary to prevent those classes of animals from coming

into contact with one another.

(c) (e) The livestock commissioner or the commissioner's designee is

hereby authorized and empowered to enter any grounds and premises to

carry out the provisions of this act.

Sec. 2. K.S.A. 47-617 is hereby amended to read as follows: 47-617.

When any domestic animal, other than dogs and animals affected with

foot-and-mouth disease, is killed by order of the commissioner, said the

commissioner shall issue to the owner of the animal or animals the cer-

tificate showing the number and kind of animals killed, and the amount

to which the holder is entitled, and report the same. Such certificate shall

be reported to the board of county commissioners of the county in which

the animal was located, and upon presentation of such certificate to the

board of county commissioners, such board shall draw its warrant on the

county treasurer for the amount therein stated: Provided,That. In case of

animals killed or disposed of that are exposed to or afflicted with the foot-

and-mouth disease, the appraisement shall be conducted in accordance

with the applicable rules and regulations of the bureau of animal industry

of the an applicable livestock indemnity program of the United States

government and one-half of such appraised values shall be paid by the

state of Kansas to the owner of such animal or animals: Provided further,

That. The state of Kansas shall pay all its expenses incurred in that behalf,

and shall pay all its men and help employees necessarily employed therein,

and the director of accounts and reports is hereby directed to draw his

warrant on the state treasurer for one-half of the amount of such ap-

praisement.

Sec. 3. K.S.A. 47-623 is hereby amended to read as follows: 47-623.

That (a) It shall be unlawful for any person who shall to knowingly;

(1) Bring into this state any domestic animal which is affected with

any contagious or infectious disease or any animal which has been exposed

to any contagious or infectious disease shall be deemed guilty of a mis-

demeanor, and upon conviction thereof shall be fined in any sum not less

than one hundred nor more than one thousand dollars.;

(2) except as provided in paragraph (3), expose any domestic animal

in this state to any contagious or infectious disease; or

(3) expose any animal in this state to foot-and-mouth disease.

(b) Violation of subsection (a)(1) or (a)(2) is a class A nonperson mis-

demeanor. Violation of subsection (a)(3) is a severity level 4, nonperson

felony.

Sec. 4. K.S.A. 47-1201 is hereby amended to read as follows: 47-

1201. As used in this act, except where the context clearly indicates a

different meaning:

(a) ``Commissioner'' means the livestock commissioner of the state of

Kansas.

(b) ``Person'' means any individual, partnership, firm, corporation or

association.

(c) ``Disposal plant'' means a place of business or a location where

the carcasses of domestic animals or packing house refuse is purchased,

received or unloaded and where such carcasses or refuse either (1) are

processed for the purpose of obtaining the hide, skin, grease, residue, or

any other byproduct from the animal or refuse, in any way whatsoever,

or (2) are fed to hogs, dogs or other animals.

(d) ``Substation'' means a concentration site equipped with at least

one storage building and operated and maintained for the temporary de-

posit or storage of the carcasses of domestic animals pending final delivery

of the carcasses to the disposal plant.

(e) ``Place of transfer'' means a reloading site, authorized for use in

direct transferring of carcasses of domestic animals from vehicles making

original pickup or loading to a line vehicle for the transportation of the

carcasses to the disposal plant.

(f) ``Carcasses of domestic animals'' means bodies, or any part or por-

tion thereof, of dead domestic animals not slaughtered for human food.

Sec. 5. K.S.A. 47-1211 is hereby amended to read as follows: 47-

1211. (a) The operator of a licensed disposal plant shall dispose of the

carcasses of domestic animals or packinghouse refuse by complying with

the following standards and requirements:

(1) The skinning and dismembering of carcasses of domestic animals

shall be performed within the building where the carcasses are processed;

(2) the cooking vats or tanks shall be airtight, except proper escape

for live steam;

(3) steam shall be so disposed of as not to be detrimental to public

health or safety;

(4) the materials not cooked or entirely consumed by burning within

the plant, shall be disposed of (a):

(A) By burying to such a depth that no part of such carcass shall be

nearer than three (3) feet to the surface of the ground, and shall be

covered with quick-lime and with at least three (3) feet of earth; or (b)

by feeding to hogs, dogs, or other animals on the premises contiguous to

the disposal plant; or (c)

(B) in such manner as may be prescribed by rules and regulations

adopted by the commissioner;

(5) all carcasses of domestic animals or packinghouse refuse shall be

disposed of within forty-eight (48) 48 hours after delivery to the disposal

plant;

(6) all carcasses, parts thereof, or refuse under process for marketing

shall not be permitted to come in contact with any part of the building

or the equipment used in connection with the unloading, skinning, dis-

membering and grinding of carcasses or refuse as originally received at

disposal plant;

(7) the cooking of materials shall be at a temperature of 212° F. (boil-

ing point) for a period of thirty (30) 30 minutes.

(b) The commissioner may issue a release for portions of carcasses of

dead animals which are uncooked, or which are cooked for a period

shorter than thirty (30) 30 minutes or at a temperature less than 212° F.,

or both: Provided, That. Such release requires that the products so re-

leased shall be identified by freely slashing and covering all exposed sur-

faces of such products with an edible green dye or other such suitable

substance as may be approved by the commissioner: And provided,. Such

products shall otherwise meet the requirements of the Kansas feeding

stuffs statute, article 10 of chapter 2, Kansas Statutes Annotated.

Sec. 6. K.S.A. 47-1302 is hereby amended to read as follows: 47-

1302. (a) Except as provided in subsection (b) or (c), it shall be unlawful

for any person, firm, partnership or corporation to feed garbage to animals

unless.

(b) Any person, firm, partnership or corporation who on the effective

date of this act is registered as a garbage feeding operator may continue

to feed garbage to animals through October 31, 2001, if such garbage has

been heated to a temperature of 212 degrees Fahrenheit (boiling point)

for at least 30 minutes as provided by rules and regulations promulgated

by the state livestock commissioner. This requirement shall not apply to

an individual who feeds such individual's own animals only the garbage

obtained from such individual's own household.

(c) Nothing in this section shall prohibit an individual from feeding

such individual's own animals only the garbage obtained from such in-

dividual's own household.

Sec. 7. K.S.A. 47-1303 is hereby amended to read as follows: 47-

1303. (a) It shall be unlawful for the governing body of any city, or any

official or employee of a city, to enter into any contract or agreement for

the collection or disposal of garbage unless such contract or agreement

requires a heating and processing of garbage as required in this act and

as required by K.S.A. 47-1302 and amendments thereto, when fed to

animals, or (2) such contract or agreement requires a disposal of garbage

in accordance with rules and regulations of the state livestock commis-

sioner, when disposed of by other means.

(b) It shall be unlawful for any person to give, sell or transfer garbage

to another person, if such person knows that such other person is com-

mercially feeding the garbage to a cloven hoofed animal.

Sec. 8. K.S.A. 47-1304 is hereby amended to read as follows: 47-

1304. The state livestock commissioner is hereby authorized to promul-

gate and enforce all rules and regulations deemed necessary to carry out

the provisions of the act of which this section is amendatory and of K.S.A.

47-1306 and 47-1307 and amendments to such sections K.S.A. 47-1301

through 47-1307, and amendments thereto.

Sec. 9. K.S.A. 47-1307 is hereby amended to read as follows: 47-

1307. (a) Except as provided in subsection (g), no person, firm, partner-

ship or corporation shall be allowed to register as a garbage feeding op-

erator.

(b) It shall be unlawful for any person, firm, partnership or corpo-

ration to feed cooked garbage to animals, other than dogs, as permitted

under K.S.A. 47-1302, and amendments thereto, unless the operator of

such garbage feeding establishment shall have first registered as a garbage

feeding operator with the livestock commissioner and shall have paid the

annual registration fee under this section for each place where garbage

is to be fed.

(b) (c) The livestock commissioner may accept applications for reg-

istration on a form to be supplied by the commissioner's office. Upon the

acceptance of such application for registration and the receipt of the an-

nual registration fee under this section for each place where garbage is

to be fed, the livestock commissioner shall issue to such applicant and

operator a certificate of registration for the current operation period.

Such certificate shall expire on June 30 each year following the date of

issuance of the certificate of registration. The application for registration

may be rejected and denied if the applicant does not supply all the in-

formation deemed essential by the livestock commissioner and if the ap-

plicant's garbage feeding establishment does not meet the requirements

of article 13 of chapter 47 of Kansas Statutes Annotated, and amendments

thereto, and the rules and regulations adopted thereunder.

(c) (d) The livestock commissioner shall fix the annual registration

fee in such amount as the commissioner deems desirable in interests of

public service, but not in an amount of more than $15 per registration

for each garbage feeding establishment.

(d) (e) The certificate of registration for garbage feeding operators

may be revoked by the livestock commissioner whenever the operator of

a garbage feeding establishment is found to be operating in violation of

law, or rules and regulations adopted thereunder, or in an unsanitary

manner. Any such operator shall first be given notice of hearing and an

opportunity to appear and be heard in defense of any proceeding for the

revocation of any certificate of registration in accordance with the pro-

visions of the Kansas administrative procedure act.

(e) (f) The livestock commissioner shall remit all moneys received by

or for the commissioner under article 13 of chapter 47 of Kansas Statutes

Annotated and amendments thereto to the state treasurer at least

monthly. Upon receipt of any such remittance, the state treasurer shall

deposit the entire amount thereof in the state treasury and the same shall

be credited to the animal disease control fund.

(f) (g) (1) Any person, firm, partnership or corporation who on the

effective date of this act is registered as a garbage feeding operator may

continue to be registered through October 31, 2001 as a garbage feeding

operator if such operator is in compliance with all applicable laws and

rules and regulations concerning such garbage feeding establishment.

(2) The provision of subsections (b) through (f) shall apply only to

those validly registered garbage feeding operators through October 31,

2001.

Sec. 10. K.S.A. 48-904 is hereby amended to read as follows: 48-904.

As used in this act:

(a) ``Emergency management'' means the preparation for and the

carrying out of all emergency functions, other than functions for which

military forces or other federal agencies are primarily responsible, to pre-

vent, minimize and repair injury and damage resulting from disasters;

(b) ``adjutant general'' means the adjutant general of the state of Kan-

sas;

(c) ``division of emergency management'' means the division of emer-

gency management created in the office of the adjutant general by K.S.A.

48-905, and amendments thereto;

(d) ``disaster'' means the occurrence or imminent threat of wide-

spread or severe damage, injury or loss of life or property resulting from

any natural or manmade cause, including, but not limited to, fire, flood,

earthquake, wind, storm, epidemics, contagious or infectious disease, air

contamination, blight, drought, infestation, explosion, riot or hostile mil-

itary or paramilitary action;

(e) ``unorganized militia'' means all able-bodied male and female per-

sons between the ages of 16 and 50 years;

(f) ``state disaster emergency plan'' means the plan prepared and

maintained by the division of emergency management pursuant to K.S.A.

48-926, and amendments thereto;

(g) ``local and interjurisdictional disaster emergency plans'' means all

disaster emergency plans developed and promulgated by county, city and

interjurisdictional disaster agencies pursuant to K.S.A. 48-929, and

amendments thereto; and

(h) ``hazardous material'' means any substance or material in a quan-

tity or form which may be harmful or injurious to the health and safety

of humans, animals, crops or property when released into the environ-

ment. Hazardous material includes, but is not limited to, explosives, ra-

dioactive materials, disease-causing agents, flammable liquids, solids or

gases, combustible liquids, poisons, poisonous gases, oxidizing materials,

corrosive materials, irritants, nonflammable gases, cryogenics and blasting

agents.

Sec. 11. K.S.A. 48-924 is hereby amended to read as follows: 48-924.

(a) The governor shall be responsible for meeting the dangers to the state

and people presented by disasters.

(b) (1) The governor, upon finding that a disaster has occurred or

that occurrence or the threat thereof is imminent, shall issue a procla-

mation declaring a state of disaster emergency.

(2) In addition to or instead of the proclamation authorized by K.S.A.

47-611, and amendments thereto, the governor, upon a finding or when

notified pursuant to K.S.A. 47-611, and amendments thereto, that a quar-

antine or other regulations are necessary to prevent the spread among

domestic animals of any contagious or infectious disease, may issue a

proclamation declaring a state of disaster emergency.

(3) The state of disaster emergency so declared shall continue until

the governor finds that the threat or danger of disaster has passed, or the

disaster has been dealt with to the extent that emergency conditions no

longer exist. Upon making such findings the governor shall terminate the

state of disaster emergency by proclamation, but except as provided in

paragraph (4), no state of disaster emergency may continue for longer

than 15 days unless ratified by concurrent resolution of the legislature,

with the single exception that upon specific application by the governor

to the state finance council and an affirmative vote of a majority of the

legislative members thereof, a state of disaster emergency may be ex-

tended once for a specified period not to exceed 30 days beyond such 15-

day period.

(4) If the state of disaster emergency is proclaimed pursuant to par-

agraph (2), the governor shall terminate the state of disaster emergency

by proclamation within 15 days, unless ratified by concurrent resolution

of the legislature, except that when the legislature is not in session and

upon specific application by the governor to the state finance council and

an affirmative vote of a majority of the legislative members thereof, a state

of disaster emergency may be extended for a specified period not to exceed

30 days. The state finance council may authorize additional extensions of

the state of disaster emergency by a unanimous vote of the legislative

members thereof for specified periods not to exceed 30 days each. Such

state of disaster emergency shall be terminated on the 15th day of the

next regular legislative session following the initial date of the state of

disaster emergency unless ratified by concurrent resolution of the legis-

lature.

(5) At any time, the legislature by concurrent resolution may require

the governor to terminate a state of disaster emergency. Upon such action

by the legislature, the governor shall issue a proclamation terminating the

state of disaster emergency.

(6) Any proclamation declaring or terminating a state of disaster

emergency which is issued under this subsection shall indicate the nature

of the disaster, the area or areas threatened or affected by the disaster

and the conditions which have brought about, or which make possible

the termination of, the state of disaster emergency. Each such procla-

mation shall be disseminated promptly by means calculated to bring its

contents to the attention of the general public and, unless the circum-

stances attendant upon the disaster prevent the same, each such procla-

mation shall be filed promptly with the division of emergency manage-

ment, the office of the secretary of state and each city clerk or county

clerk, as the case may be, in the area to which such proclamation applies.

(c) In the event of the absence of the governor from the state or the

existence of any constitutional disability of the governor, an officer spec-

ified in K.S.A. 48-1204 and amendments thereto, in the order of succes-

sion provided by that section, may issue a proclamation declaring a state

of disaster emergency in the manner provided in and subject to the pro-

visions of subsection (a). During a state of disaster emergency declared

pursuant to this subsection, such officer may exercise the powers con-

ferred upon the governor by K.S.A. 48-925, and amendments thereto. If

a preceding officer in the order of succession becomes able and available,

the authority of the officer exercising such powers shall terminate and

such powers shall be conferred upon the preceding officer. Upon the

return of the governor to the state or the removal of any constitutional

disability of the governor, the authority of an officer to exercise the powers

conferred by this section shall terminate immediately and the governor

shall resume the full powers of the office. Any state of disaster emergency

and any actions taken by an officer under this subsection shall continue

and shall have full force and effect as authorized by law unless modified

or terminated by the governor in the manner prescribed by law.

(d) A proclamation declaring a state of disaster emergency shall ac-

tivate the disaster response and recovery aspects of the state disaster

emergency plan and of any local and interjurisdictional disaster plans

applicable to the political subdivisions or areas affected by the procla-

mation. Such proclamation shall be authority for the deployment and use

of any forces to which the plan or plans apply and for use or distribution

of any supplies, equipment, materials or facilities assembled, stockpiled

or arranged to be made available pursuant to this act during a disaster.

(e) The governor, when advised pursuant to K.S.A. 74-2608, and

amendments thereto, that conditions indicative of drought exist, shall be

authorized to declare by proclamation that a state of drought exists. This

declaration of a state of drought can be for specific areas or communities,

can be statewide or for specific water sources and shall effect immediate

implementation of drought contingency plans contained in state approved

conservation plans, including those for state facilities.

Sec. 12. K.S.A. 48-925 is hereby amended to read as follows: 48-925.

(a) During any state of disaster emergency declared under K.S.A. 48-924,

and amendments thereto, the governor shall be commander-in-chief of

the organized and unorganized militia and of all other forces available for

emergency duty. To the greatest extent practicable, the governor shall

delegate or assign command authority by prior arrangement, embodied

in appropriate executive orders or in rules and regulations of the adjutant

general, but nothing herein shall restrict the authority of the governor to

do so by orders issued at the time of a disaster.

(b) Under the provisions of this act and for the implementation

thereof, the governor may issue orders and proclamations which shall

have the force and effect of law during the period of a state of disaster

emergency declared under subsection (b) of K.S.A. 48-924, and amend-

ments thereto, and which orders and proclamations shall be null and void

thereafter unless ratified by concurrent resolution of the legislature. Such

orders and proclamations may be revoked at any time by concurrent res-

olution of the legislature.

(c) During a state of disaster emergency declared under K.S.A. 48-

924, and amendments thereto, and in addition to any other powers con-

ferred upon the governor by law, the governor may:

(1) Suspend the provisions of any regulatory statute prescribing the

procedures for conduct of state business, or the orders or rules and reg-

ulations of any state agency which implements such statute, if strict com-

pliance with the provisions of such statute, order or rule and regulation

would prevent, hinder or delay in any way necessary action in coping with

the disaster;

(2) utilize all available resources of the state government and of each

political subdivision as reasonably necessary to cope with the disaster;

(3) transfer the supervision, personnel or functions of state depart-

ments and agencies or units thereof for the purpose of performing or

facilitating emergency management activities;

(4) subject to any applicable requirements for compensation under

K.S.A. 48-933, and amendments thereto, commandeer or utilize any pri-

vate property if the governor finds such action necessary to cope with the

disaster;

(5) direct and compel the evacuation of all or part of the population

from any area of the state stricken or threatened by a disaster, if the

governor deems this action necessary for the preservation of life or other

disaster mitigation, response or recovery;

(6) prescribe routes, modes of transportation and destinations in con-

nection with such evacuation;

(7) control ingress and egress of persons and animals to and from a

disaster area, the movement of persons and animals within the area and

the occupancy by persons and animals of premises therein;

(8) suspend or limit the sale, dispensing or transportation of alcoholic

beverages, firearms, explosives and combustibles;

(9) make provision for the availability and use of temporary emer-

gency housing;

(10) require and direct the cooperation and assistance of state and

local governmental agencies and officials; and

(11) perform and exercise such other functions, powers and duties as

are necessary to promote and secure the safety and protection of the

civilian population.

(d) The governor shall exercise the powers conferred by subsection

(c) by issuance of orders under subsection (b). The adjutant general, sub-

ject to the direction of the governor, shall administer such orders.

Sec. 13. K.S.A. 47-611, 47-617, 47-623, 47-1201, 47-1211, 47-1302,

47-1303, 47-1304, 47-1307, 48-904, 48-924 and 48-925 are hereby re-

pealed.

Sec. 14. This act shall take effect and be in force from and after its

publication in the Kansas register.

Approved May 9, 2000.

Published in the Kansas Register May 17, 2000.


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