SESSION OF 2024
CONFERENCE COMMITTEE REPORT BRIEF
SENATE SUBSTITUTE FOR HOUSE BILL NO. 2 047
As Agreed to April 3, 2024
Brief*
Senate Sub. for HB 2047 would amend the Farm Animal and Field Crop and Research
Facilities Protection Act; would amend the process for applying for and registering a livestock
brand with the State; and would increase the fee limitation related to livestock brand application,
registration, and renewal.
Farm Animal and Field Crop and Research Facilities Protection Act (Senate Sub. for HB
2047)
Prohibition of Entering or Remaining in Facilities and Areas; Flying an Aircraft
The bill would prohibit a person from entering or remaining upon or in any animal facility or
field crop production area of a product development program in conjunction or coordination with
a private research facility, a university, or any federal, state, or local government entity without
the consent of the owner.
The prohibition would include flying an aircraft within the airspace directly above the animal
facility or production area but below the minimum safe altitude, as defined in 14 CFR §
91.119(c) and as in effect on July 1, 2024.
Prohibition of False Statements
The bill would prohibit a person from knowingly making false statements on an
employment application in order to gain access to an animal facility or field crop production area
of a product development program in conjunction or coordinating with a private research facility,
a university, or any federal, state, or governmental agency.
Criminal Penalties
The bill would clarify that violations of the Farm Animal and Field Crop Research Facilities
Protection Act would be a:
____________________
*Conference committee report briefs are prepared by the Legislative Research Department and do not express
legislative intent. No summary is prepared when the report is an agreement to disagree. Conference committee
report briefs may be accessed on the Internet at http://www.kslegislature.org/klrd
1 - 2047 ●Class A nonperson misdemeanor;
●Severity level 9 nonperson felony, if property damaged or destroyed is valued at
more than $1,000 but less than $25,000; or
●Severity level 7 nonperson felony, if property damaged or destroyed is valued at more
than $25,000.
Definitions
The bill would add a definition for “aircraft” that would be the same as the definition in 14
CFR § 1.1. The bill would also remove the definitions of “deprive,” “effective consent,” and
“possession.”
Livestock Branding (HB 2543)
[Note: Livestock brands must be registered with the Kansas Department of Agriculture
(KDA) before use. They may be used on cattle, horses, mules, and asses (statutory term) and
are designed using approved characters that are registered to be used on one of six locations
on an animal: left or right hip, left or right rib, or left or right shoulder. The first laws requiring
livestock brands to be registered with the State were passed in 1939.]
The bill would require a separate application and registration fee for each brand to be
registered or approved.
Upon application for a brand, the bill would require the Animal Health Commissioner
(Commissioner) and the KDA to determine whether the brand is available for use and
registration and require the registrant, within 60 days of the notice of approval being sent by the
Commissioner, to remit the brand registration fee. Upon approval, the bill would provide that a
certificate of brand title would be provided upon payment of the brand registration fee. The bill
would prohibit the use of a brand if a certificate of brand title has not been issued, and any such
use would be subject to penalties as provided in KSA 47-421 and amendments thereto.
In current law, the cap on the brand registration fee is $55. The bill states that in no case
would the brand renewal fee or the total of the brand application fee and registration fee exceed
$100. If the fee is not paid as required by the bill, the Commissioner could deny the application.
Once approved, a brand registration is recorded for a five-year period, at which time a
renewal is required. The bill would require each person wanting to renew a brand certificate title
held by such person, upon the expiration of the recording period, to remit a renewal fee to the
Commissioner.
The bill would clarify that the use of a forfeited brand is unlawful and would be subject to
penalties as provided in KSA 47-421 and amendments thereto.
Technical and Clarifying Amendments (Throughout)
The bill would also make technical and clarifying amendments in continuing law.
2 - 2047 Conference Committee Action
The Conference Committee agreed to the contents of Senate Sub. for HB 2047, with the
following amendments:
●Adopted a definition of “aircraft” that references 14 CFR § 1.1;
●Added the contents of HB 2543, as amended by the Senate Committee;
●Changed an “and” to “or” regarding the fee limitation on brand renewal fees or
livestock brand application and registration fees.
Background
The bill contains the provisions of Senate Sub. for HB 2047, as amended by the Senate
Committee on Agriculture and Natural Resources, and HB 2543, as amended by the
Conference Committee.
Senate Sub. for HB 2047 (Farm Animal and Field Crop and Research Facilities Protection
Act)
The Senate Committee removed the contents of HB 2047, added the contents of SB 389,
and recommended a substitute bill. The background for SB 389 is detailed below.
[Note: The original contents of HB 2047 regarding rules and regulations by the Secretary of
Health and Environment and amortization of loans from the Kansas Water Pollution Control
Revolving Fund were passed in 2023 SB 120.]
Senate Committee on Agriculture and Natural Resources (SB 389)
In the Senate Committee hearing, proponent testimony was provided by a representative
of the Kansas Livestock Association, who provided a history of the Farm Animal and Field Crop
and Research Facilities Protection Act in that the original Act was found unconstitutional in part
by the U.S. Court of Appeals for the Tenth Circuit in 2022. The proponent stated the Court struck
down portions of the Act on First Amendment grounds, because the term “effective consent”
regulated speech and “intent to damage” was impermissible viewpoint discrimination. The U.S.
Supreme Court declined the State of Kansas’ appeal. Therefore, this bill is a way to fix the
unconstitutional portions of the law and also address concerns by stakeholders regarding low-
flying drones and other aircraft that disturb cattle and create safety and security concerns for
employees.
Written-only proponent testimony was provided by representatives of the Kansas Farm
Bureau; Kansas Grain and Feed Association, Kansas Agribusiness Retailers Association, and
Renew Kansas Biofuels Association; and Kansas Pork Association.
Opponent testimony was provided by a representative of the Kansas Chapter of Sierra
Club, who stated the bill goes too far in penalizing whistleblowers and could undermine
whistleblowers’ efforts. The opponent also stated the bill would create a new strict liability crime
3 - 2047 with steep penalties that could be charged against someone without any intent to commit a
criminal act or cause damage or destruction. No other testimony was provided.
HB 2543 (Livestock Brands)
The bill was introduced by the House Committee on Agriculture and Natural Resources at
the request of a representative of the KDA.
House Committee on Agriculture and Natural Resources
In the House Committee hearing, proponent testimony was provided by representatives of
the KDA and Kansas Livestock Association. The proponents stated the new registration fee
could possibly deter people from submitting multiple brand applications without the intent of
moving forward in the brand registration process, and that distinct brands aid in the search for
lost or stolen livestock. Written-only proponent testimony was provided by a representative of
the Kansas Farm Bureau. No other testimony was provided.
Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing, proponent testimony was provided by representatives
of the KDA and Kansas Livestock Association. The proponents stated the bill would help cover
research costs, ensure applicants are invested in registering a brand, keep the program at self-
sustaining funding levels, aid law enforcement in investigating and solving livestock theft cases,
and help animal health officials trace and control disease outbreaks. Written-only proponent
testimony was provided by a representative of Kansas Farm Bureau. No other testimony was
provided.
The Senate Committee amended the bill to:
●Require remittance of the brand registration fee within 60 days of the notice of
approval being sent by the Commissioner;
●Modify the fee cap for the total of the the registration fee, application fee, and renewal
fee to an amount not to exceed $100;
●Clarify that only persons wanting to renew a brand certificate title held by such person
would be required to remit a renewal fee to the Commissioner upon expiration of the
recording period; and
●Clarify that unlawful use of a brand that has not been issued or has been forfeited
would be subject to the penalties provided in KSA 47-421.
[Note: The Conference Committee retained these amendments.]
4 - 2047 Fiscal Information
Senate Sub. for HB 2047 (Farm Animal and Field Crop and Research Facilities Protection
Act)
According to the fiscal note prepared by the Division of the Budget on SB 389, as
introduced, the Office of Judicial Administration (OJA) estimates that the enactment of the bill
could increase the number of cases filed in district courts, which would increase the time spent
by district court judicial and nonjudicial personnel in processing, researching, and hearing
cases. The OJA indicates the crime carries misdemeanor and lower-level penalties, which could
lead to more supervision of offenders required to be performed by court services officers, but
notes that the full impact is unknown. Enactment of the bill could result in the increase of
supervision fees, docket fees, and fines in cases filed under the provisions of the bill, most of
which would be deposited in the State General Fund. The OJA notes that until the courts have
had the opportunity to operate under the provisions of the bill, an accurate estimate of the fiscal
effect for the Judicial Branch cannot be given.
The Kansas Sentencing Commission and the Kansas Department of Agriculture indicate
enactment of the bill would not have a fiscal effect on their respective operations. The
Commission notes that the bill could increase prison admissions and prison beds, but any
increase would be minor.
HB 2543 (Livestock Brands)
According to the fiscal note prepared by the Division of the Budget on the bill, as
introduced, the KDA indicates enactment of the bill would generate additional revenue of
$252,500 in both FY 2025 and FY 2026 for KDA’s Livestock and Brand Inspection Fee Fund.
The KDA estimates it would receive approximately 1,500 new livestock brand applications
in both FY 2025 and FY 2026 and would propose a $5 application fee. The proposed fee would
generate $7,500 in new fee revenue in both FY 2025 and FY 2026. The KDA estimates it would
receive a total of 3,500 livestock brand registrations or renewals in both FY 2025 and FY 2026
based on historical averages and would propose to increase the registration and renewal fee to
$70. The proposed fees would generate $245,000 in additional fee revenue in both FY 2025
and FY 2026.
The KDA indicates previous fee revenue has not covered expenses of the program and
estimates the proposed fee revenue would cover program costs in FY 2025 and FY 2026. The
KDA estimates total program expenditures of $245,000 in FY 2025 and $252,670 in FY 2026 on
contractual services for brand investigators, administrative and tag expenses, equipment,
repairs, and education. Any fiscal effect associated with the bill is not reflected in The FY 2025
Governor’s Budget Report.
Agriculture; animal facility; field crop production area; aircraft; criminal penalties; livestock; branding; poultry disease control;
conservation districts; industrial hemp; fees; funding; Kansas Department of Agriculture
ccrb_hb2047_01_040324.odt
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