Session Law

Identifying Information:L. 2001 ch. 090
Other Identifying Information:2001 Substitute for Senate Bill 36
Tax Type:Other
Brief Description:An Act concerning agriculture; relating to the farm animal and field crop and research facilities protection act; criminal and civil penalties and recovery of damages; amending K.S.A. 47-1825, 47-1826, 47-1827 and 47-1828 and repealing the existing sections.
Keywords:


Body:

CHAPTER 90

Substitute for SENATE BILL No. 36


An Act concerning agriculture; relating to the farm animal and field crop and research

facilities protection act; criminal and civil penalties and recovery of damages; amending

K.S.A. 47-1825, 47-1826, 47-1827 and 47-1828 and repealing the existing sections.




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

Section 1. K.S.A. 47-1825 is hereby amended to read as follows: 47-

1825. This act shall be known and may be cited as the farm animal and

field crop and research facilities protection act.

Sec. 2. K.S.A. 47-1826 is hereby amended to read as follows: 47-

1826. As used in this 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, re-

search 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 perma-

nently 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 author-

ized to act for the owner. Consent is not effective if:

(1) Induced by force 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, asso-

ciation, nonprofit corporation, joint stock company, firm, trust, partner-

ship, 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, med-

ical care facility, elementary school, secondary school, college or univer-

sity, 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.

Sec. 3. K.S.A. 47-1827 is hereby amended to read as follows: 47-

1827. (a) No person shall, without the effective consent of the owner and

with the intent to damage the enterprise conducted at the animal facility,

damage or destroy an animal facility or any animal or property in or on

an animal facility.

(b) No person shall, without the effective consent of the owner, ac-

quire or otherwise exercise control over an animal facility, an animal from

an animal facility or other property from an animal facility, with the intent

to deprive the owner of such facility, animal or property and to damage

the enterprise conducted at the animal facility.

(c) No person shall, without the effective consent of the owner and

with the intent to damage the enterprise conducted at the animal facility:

(1) Enter an animal facility, not then open to the public, with intent

to commit an act prohibited by this section;

(2) remain concealed, with intent to commit an act prohibited by this

section, in an animal facility;

(3) enter an animal facility and commit or attempt to commit an act

prohibited by this section; or

(4) enter an animal facility to take pictures by photograph, video cam-

era or by any other means.

(d) (1) No person shall, without the effective consent of the owner

and with the intent to damage the enterprise conducted at the animal

facility, enter or remain on an animal facility if the person:

(A) Had notice that the entry was forbidden; or

(B) received notice to depart but failed to do so.

(2) For purposes of this subsection (d), ``notice'' means:

(A) Oral or written communication by the owner or someone with

apparent authority to act for the owner;

(B) fencing or other enclosure obviously designed to exclude intrud-

ers or to contain animals; or

(C) a sign or signs posted on the property or at the entrance to the

building, reasonably likely to come to the attention of intruders, indicating

that entry is forbidden.

(e) No person shall, without the effective consent of the owner and

with the intent to damage or destroy the field crop product, damage or

destroy any field crop product that is grown in the context of a product

development program in conjunction or coordination with a private re-

search facility or a university or any federal, state or local governmental

agency.

(f) No person shall, without the effective consent of the owner and

with the intent to damage or destroy the field crop product, enter any

property, with the intent to damage or destroy any field crop product

that is grown in the context of a product development program in con-

junction or coordination with a private research facility or a university

or any federal, state or local governmental agency.

(e) (g) (1) Violation of subsection (a) or (e) is a class D severity level

7, nonperson felony if the facility, animals, field crop product or property

is damaged or destroyed to the extent of $50,000 $25,000 or more. Vio-

lation of subsection (a) or (e) is a class E severity level 9, nonperson felony

if the facility, animals, field crop product or property is damaged or de-

stroyed to the extent of at least $500 but less than $50,000 $25,000. Vi-

olation of subsection (a) or (e) is a class A nonperson misdemeanor if the

facility, animals, field crop product or property damaged or destroyed is

of the value of less than $500 or is of the value of $500 or more and is

damaged to the extent of less than $500.

(2) Violation of subsection (b) or (c) is a class E severity level 10,

nonperson felony.

(3) Violation of subsection (c) is a class A, nonperson misdemeanor.

(4) Violation of subsection (d) or (f) is a class B nonperson misde-

meanor.

(f) (h) The provisions of this section shall not apply to lawful activities

of any governmental agency or employees or agents thereof carrying out

their duties under law.

Sec. 4. K.S.A. 47-1828 is hereby amended to read as follows: 47-

1828. (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 dis-

trict court against the person causing the damage to recover:

(1) An amount equal to three times all actual and consequential dam-

ages. Actual and consequential damages shall include the damages in-

volving 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.

Sec. 5. K.S.A. 47-1825, 47-1826, 47-1827 and 47-1828 are hereby

repealed.

Sec. 6. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 4, 2000.


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