As Amended by House Committee
Session of 2000
By Committee on Agriculture

11             AN  ACT concerning livestock; relating to brand inspection areas; fees;
12             amending K.S.A. 47-434 and 47-437 and repealing the existing section
13             sections.
15       Be it enacted by the Legislature of the State of Kansas:
16        Section  1. K.S.A. 47-434 is hereby amended to read as follows:
17       47-434. As used in this act:
18             (a) ``Commissioner'' means the state livestock commissioner;
19             (b) ``brand inspection area'' means any county which has been
20       designated as such by the board of county commissioners of such
21       county in the manner provided by K.S.A. 47-435 and amendments
22       thereto;
23             (c) ``resident owner of cattle or sheep'' means any resident of a
24       county who listed has owned one or more head of cattle or sheep, or
25       both, for taxation during the preceding tax assessment period at any time
26       during the 12 preceding months;
27             (d) ``brand inspection'' means the inspection of brands, marks,
28       and other identifying characteristics of cattle or sheep, or both, for
29       the purpose of determining the ownership thereof; and
30             (e) ``person'' means any individual, firm, association, partner-
31       ship or corporation; and
32             (f) ``board'' means the board of directors of the Kansas livestock
33       association.
34             Section  1. Sec. 2. K.S.A. 47-437 is hereby amended to read as fol-
35       lows: 47-437. (a) The livestock commissioner shall charge and collect a
36       fee of not to exceed $.75 per head on all cattle and not to exceed $.05
37       per head on all sheep inspected in brand inspection areas of the state. In
38       addition to the per head fee, the livestock commissioner may charge and
39       collect an on-site inspection fee and a mileage fee for each mile necessarily
40       and actually traveled in going to and returning from the place of inspec-
41       tion. The livestock commissioner may, when brand inspectors are avail-
42       able, may provide brand inspection in other areas where brand inspection
43       is requested and the commissioner shall charge and collect inspection


  1       fees in the same manner as prescribed for the collection of such fees in
  2       brand inspection areas. The owner or seller of cattle or sheep inspected
  3       shall be responsible for the payment of the inspection fees and such fees
  4       shall be collected in such manner as the livestock commissioner shall
  5       prescribe or authorize by rule or regulation.
  6             (b) When the livestock commissioner determines that the fees col-
  7       lected under this section are yielding more than is required for the pur-
  8       poses for which such fees are collected, the commissioner may reduce
  9       such fees for such period as the commissioner deems justified. In the
10       event the livestock commissioner, after reducing such fees, finds that
11       sufficient revenues are not being produced by the reduced fees to prop-
12       erly administer and enforce this act and acts of which this section is amen-
13       datory or supplemental, the commissioner may increase such fees to such
14       rate as will, in the commissioner's judgment, produce sufficient revenue
15       for the purposes provided in this section, but not exceeding $.75 per head
16       on cattle and not to exceed $.05 per head on sheep.
17             (c) The livestock commissioner shall remit all moneys received under
18       K.S.A. 47-434 through 47-445, and amendments thereto, to the state trea-
19       surer at least monthly. Upon receipt of any such remittance the state
20       treasurer shall deposit the entire amount thereof in the state treasury and
21       the same shall be credited to the county option brand fee fund, except
22       any amounts received for brand inspection services of livestock outside
23       of a county option area. All expenditures from such fund shall be made
24       in accordance with appropriation acts upon warrants of the director of
25       accounts and reports issued pursuant to vouchers approved by the live-
26       stock commissioner or by a person or persons designated by the com-
27       missioner. All amounts received for inspection of livestock outside of a
28       county option area shall be deposited to the credit of the livestock brand
29       fee fund.
30        Sec.  2. 3. K.S.A. 47-434 and 47-437 is are hereby repealed.
31        Sec.  3. 4. This act shall take effect and be in force from and after its
32       publication in the statute book.