| 11 | | - | Section 1. K.S.A. 47-417 is hereby amended to read as follows: |
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| 12 | | - | 47-417. (a) Any person may adopt a brand for the purpose of branding |
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| 13 | | - | livestock in accordance with authorized rules and regulations of the |
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| 14 | | - | animal health commissioner of the Kansas department of agriculture |
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| 15 | | - | division of animal health. Such person shall have the exclusive right to |
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| 16 | | - | use such brand in this state, after registering receiving approval of the |
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| 17 | | - | application for such brand with from the animal health commissioner. |
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| 18 | | - | (b) Any person desiring to register a livestock brand shall forward |
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| 19 | | - | to the commissioner a facsimile of such brand and shall accompany the |
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| 20 | | - | same with the registration application fee in the amount provided under |
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| 21 | | - | this section. Upon a determination by the animal health commissioner |
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| 22 | | - | that such brand is available for use and may be registered, the |
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| 23 | | - | registrant shall, within 60 days of notice of such determination being |
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| 24 | | - | sent by the animal health commissioner, remit to the animal health |
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| 25 | | - | commissioner a brand registration fee in the amount provided under |
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| 26 | | - | this section. If such brand registration fee is not paid as required under |
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| 27 | | - | this section, the animal health commissioner may deny the application. |
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| 28 | | - | Each person making application for the registering of an available |
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| 29 | | - | livestock brand whose brand application is approved shall be issued a |
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| 30 | | - | certificate of brand title upon remittance of the brand registration fee |
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| 31 | | - | as provided under this section. Such Each brand title shall be valid for |
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| 32 | | - | a recording period ending four years subsequent to the next April 1 |
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| 33 | | - | following date of issuance. Separate application and registration fees |
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| 34 | | - | shall be required for each brand for which registration is sought and |
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| 35 | | - | each brand for which an application for registration is approved. The |
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| 36 | | - | use of a brand for which a certificate of brand title has not been issued |
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| 37 | | - | shall be unlawful and subject to penalties as provided in K.S.A. 47-421, |
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| 38 | | - | and amendments thereto. |
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| 39 | | - | (c) For the purpose of revising the brand records, the animal |
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| 40 | | - | health commissioner shall collect Each person wanting to renew a |
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| 41 | | - | certificate of brand title held by such person shall, upon the expiration |
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| 42 | | - | of the recording period for such certificate of brand title, remit to the |
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| 43 | | - | animal health commissioner a renewal fee in the amount provided |
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| 44 | | - | under this section on all brands upon which the recording period |
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| 45 | | - | expires. Any person submitting such renewal fee shall be entitled to a |
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| 46 | | - | renewal of registration of such person's livestock brand for a five-year |
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| 47 | | - | period from the date of expiration of registration of such person's |
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| 48 | | - | livestock brand as shown by such person's last certificate of brand title. |
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| 49 | | - | (d) The livestock brand of any person whose registration expires |
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| 50 | | - | and who fails to pay such renewal fee within a grace period of 60 days |
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| 51 | | - | after expiration of the registration period shall be forfeited. The use of a |
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| 52 | | - | forfeited brand shall be unlawful and subject to penalties as provided |
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| 53 | | - | in K.S.A. 47-421, and amendments thereto. |
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| 54 | | - | (e) Upon the forfeiture of a livestock brand, the animal health |
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| 55 | | - | commissioner is authorized to receive and accept an application for |
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| 56 | | - | such brand to the same extent as if such brand had never been issued to |
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| 57 | | - | anyone as a registered brand. |
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| 58 | | - | (f) (1) The animal health commissioner shall determine annually |
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| 59 | | - | the amount of funds which that will be required for the purposes for |
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| 60 | | - | which the brand application, registration and renewal fees are charged |
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| 61 | | - | and collected and shall fix and adjust from time to time each such fee in |
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| 62 | | - | such reasonable amount as may be necessary for such purposes, except |
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| 63 | | - | that in no case shall either the following exceed $100: |
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| 64 | | - | (A) The brand renewal fee; or |
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| 65 | | - | (B) the total of the brand application fee and registration fee or the |
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| 66 | | - | renewal fee exceed $55. Senate Substitute for HOUSE BILL No. 2047—page 2 |
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| 67 | | - | (2) The amounts of the brand application fee, registration fee and |
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| 68 | | - | the renewal fee in effect on the day preceding the effective date of this |
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| 69 | | - | act June 30, 2024, shall continue in effect until the animal health |
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| 70 | | - | commissioner fixes different amounts for such fees under this section. |
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| 71 | | - | Sec. 2. K.S.A. 47-1826 is hereby amended to read as follows: 47- |
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| 72 | | - | 1826. As used in the farm animal and field crop and research facilities |
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| 73 | | - | protection act: |
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| 74 | | - | (a) "Aircraft" means the same as defined in 14 C.F.R. § 1.1, as in |
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| 75 | | - | effect on July 1, 2024. |
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| 76 | | - | (b) "Animal" means any warm or coldblooded animal used in |
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| 77 | | - | food, fur or fiber production, agriculture, research, testing or education |
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| 78 | | - | and. "Animal" includes dogs, cats, poultry, fish and invertebrates. |
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| 79 | | - | (b)(c) "Animal facility" includes any vehicle, building, structure, |
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| 80 | | - | research facility or premises where an animal is kept, handled, housed, |
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| 81 | | - | exhibited, bred or offered for sale. |
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| 82 | | - | (c)(d) "Consent" means assent in fact, whether express or |
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| 83 | | - | apparent. |
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| 84 | | - | (d) "Deprive" means to: |
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| 85 | | - | (1) Withhold an animal or other property from the owner |
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| 86 | | - | permanently or for so extended a period of time that a major portion of |
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| 87 | | - | the value or enjoyment of the animal or property is lost to the owner; |
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| 88 | | - | (2) restore the animal or other property only upon payment of |
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| 89 | | - | reward or other compensation; or |
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| 90 | | - | (3) dispose of an animal or other property in a manner that makes |
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| 91 | | - | recovery of the animal or property by the owner unlikely. |
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| 92 | | - | (e) "Effective consent" includes consent by a person legally |
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| 93 | | - | authorized to act for the owner. Consent is not effective if: |
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| 94 | | - | (1) Induced by force, fraud, deception, duress or threat; |
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| 95 | | - | (2) given by a person the offender knows is not legally authorized |
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| 96 | | - | to act for the owner; or |
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| 97 | | - | (3) given by a person who by reason of youth, mental disease or |
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| 98 | | - | defect or under the influence of drugs or alcohol is known by the |
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| 99 | | - | offender to be unable to make reasonable decisions. |
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| 100 | | - | (f)(e) "Owner" means a person who has title to the property, |
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| 101 | | - | possession of the property, whether lawful or not, or a greater right to |
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| 102 | | - | possession of the property than the actor. |
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| 103 | | - | (g)(f) "Person" means any individual, state agency, corporation, |
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| 104 | | - | association, nonprofit corporation, joint stock company, firm, trust, |
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| 105 | | - | partnership, two or more persons having a joint or common interest or |
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| 106 | | - | other legal entity. |
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| 107 | | - | (h) "Possession" means actual care, custody, control or |
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| 108 | | - | management. |
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| 109 | | - | (i)(g) "Research facility" means any place, laboratory, institution, |
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| 110 | | - | medical care facility, elementary school, secondary school, college or |
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| 111 | | - | university, at which where any scientific test, experiment or |
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| 112 | | - | investigation involving the use of any living animal or field crop |
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| 113 | | - | product is carried out, conducted or attempted. |
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| 114 | | - | Sec. 3. K.S.A. 47-1827 is hereby amended to read as follows: 47- |
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| 115 | | - | 1827. (a) No person shall, : |
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| 116 | | - | (1) Without the effective consent of the owner and with the intent |
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| 117 | | - | to damage the enterprise conducted at the animal facility, damage or |
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| 118 | | - | destroy an animal facility or any animal or property in or on an animal |
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| 119 | | - | facility; |
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| 120 | | - | (2) enter or remain upon or in any animal facility, including flying |
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| 121 | | - | an aircraft within the airspace directly above such animal facility but |
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| 122 | | - | below the minimum safe altitude prescribed in 14 C.F.R. 91.119(c), as |
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| 123 | | - | in effect on July 1, 2024, without the consent of the owner; or |
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| 124 | | - | (3) knowingly make false statements on an employment |
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| 125 | | - | application to gain access to an animal facility. |
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| 126 | | - | (b) No person shall, without the effective consent of the owner, |
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| 127 | | - | acquire or otherwise exercise control over an animal facility, an animal |
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| 128 | | - | from an animal facility or other property from an animal facility, with |
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| 129 | | - | the intent to deprive the owner of such facility, animal or property and |
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| 130 | | - | to damage the enterprise conducted at the animal facility. Senate Substitute for HOUSE BILL No. 2047—page 3 |
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| 131 | | - | (c) No person shall, without the effective consent of the owner and |
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| 132 | | - | with the intent to damage the enterprise conducted at the animal |
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| 133 | | - | facility: |
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| 134 | | - | (1) Enter an animal facility, not then open to the public, with |
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| 135 | | - | intent to commit an act prohibited by this section; |
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| 136 | | - | (2) remain concealed, with intent to commit an act prohibited by |
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| 137 | | - | this section, in an animal facility; |
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| 138 | | - | (3) enter an animal facility and commit or attempt to commit an |
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| 139 | | - | act prohibited by this section; or |
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| 140 | | - | (4) enter an animal facility to take pictures by photograph, video |
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| 141 | | - | camera or by any other means. |
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| 142 | | - | (d) (1) No person shall, without the effective consent of the owner |
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| 143 | | - | and with the intent to damage the enterprise conducted at the animal |
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| 144 | | - | facility, enter or remain on an animal facility if the person: |
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| 145 | | - | (A) Had notice that the entry was forbidden; or |
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| 146 | | - | (B) received notice to depart but failed to do so. |
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| 147 | | - | (2) For purposes of this subsection (d), "notice" means: |
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| 148 | | - | (A) Oral or written communication by the owner or someone with |
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| 149 | | - | apparent authority to act for the owner; |
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| 150 | | - | (B) fencing or other enclosure obviously designed to exclude |
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| 151 | | - | intruders or to contain animals; or |
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| 152 | | - | (C) a sign or signs posted on the property or at the entrance to the |
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| 153 | | - | building, reasonably likely to come to the attention of intruders, |
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| 154 | | - | indicating that entry is forbidden. |
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| 155 | | - | (e) No person shall,: |
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| 156 | | - | (1) Without the effective consent of the owner and with the intent |
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| 157 | | - | to damage or destroy the field crop product, damage or destroy any |
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| 158 | | - | field crop product that is grown in the context of a product |
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| 159 | | - | development program in conjunction or coordination with a private |
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| 160 | | - | research facility or, a university or any federal, state or local |
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| 161 | | - | governmental agency; |
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| 162 | | - | (2) enter or remain upon or in any property in a field crop |
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| 163 | | - | production area of a product development program in conjunction or |
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| 164 | | - | coordination with a private research facility, a university or any |
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| 165 | | - | federal, state or local government entity, including flying an aircraft |
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| 166 | | - | within the airspace directly above such property area but below the |
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| 167 | | - | minimum safe altitude prescribed in 14 C.F.R. 91.119(c), as in effect on |
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| 168 | | - | July 1, 2024, without the consent of the owner; or |
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| 169 | | - | (3) knowingly make false statements on an employment |
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| 170 | | - | application to gain access to a field crop production area of a product |
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| 171 | | - | development program in conjunction or coordination with a private |
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| 172 | | - | research facility, a university or any federal, state or governmental |
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| 173 | | - | agency. |
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| 174 | | - | (f) No person shall, without the effective consent of the owner and |
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| 175 | | - | with the intent to damage or destroy the field crop product, enter any |
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| 176 | | - | property, with the intent to damage or destroy any field crop product |
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| 177 | | - | that is grown in the context of a product development program in |
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| 178 | | - | conjunction or coordination with a private research facility or a |
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| 179 | | - | university or any federal, state or local governmental agency. |
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| 180 | | - | (g)(c) (1) Violation of subsection (a)(1) or (e) (b)(1) is a severity |
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| 181 | | - | level 7, nonperson felony if the facility, animals, field crop product or |
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| 182 | | - | property is damaged or destroyed to the extent of $25,000 or more. |
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| 183 | | - | Violation of subsection (a) or (e) is a severity level 9, nonperson felony |
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| 184 | | - | if the facility, animals, field crop product or property is damaged or |
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| 185 | | - | destroyed to the extent of at least $1,000 but less than $25,000. |
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| 186 | | - | Violation of subsection (a) or (e) is a class A nonperson misdemeanor if |
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| 187 | | - | the facility, animals, field crop product or property damaged or |
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| 188 | | - | destroyed is of the value of less than $1,000 or is of the value of $1,000 |
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| 189 | | - | or more and is damaged to the extent of less than $1,000: |
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| 190 | | - | (A) Class A nonperson misdemeanor, except as provided in |
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| 191 | | - | subparagraph (B) or (C); |
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| 192 | | - | (B) severity level 9, nonperson felony if property damaged or |
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| 193 | | - | destroyed is of a value of more than $1,000 but less than $25,000; or |
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| 194 | | - | (C) severity level 7, nonperson felony if the property damaged or Senate Substitute for HOUSE BILL No. 2047—page 4 |
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| 195 | | - | destroyed is of a value more than $25,000. |
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| 196 | | - | (2) Violation of subsection (b) is a severity level 10, nonperson |
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| 197 | | - | felony. |
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| 198 | | - | (3) Violation of subsection (c) (a)(2) or (b)(2) is a class A, |
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| 199 | | - | nonperson misdemeanor. |
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| 200 | | - | (4)(3) Violation of subsection (d) (a)(3) or (f) (b)(3) is a class B |
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| 201 | | - | nonperson misdemeanor. |
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| 202 | | - | (h)(d) The provisions of this section shall not apply to lawful |
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| 203 | | - | activities of any governmental agency or employees or agents thereof |
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| 204 | | - | carrying out their duties under law. |
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| 205 | | - | Sec. 4. K.S.A. 47-417, 47-1826 and 47-1827 are hereby repealed. |
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| 206 | | - | Sec. 5. This act shall take effect and be in force from and after its |
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| 10 | + | Section 1. K.S.A. 65-3326 is hereby amended to read as follows: 65- |
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| 11 | + | 3326. (a) Municipalities which that desire the provision of a loan under |
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| 12 | + | K.S.A. 65-3321 through 65-3329, and amendments thereto, shall submit |
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| 13 | + | an application therefor to the secretary. Applications shall be in such form |
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| 14 | + | and shall include such information as the secretary shall require and shall |
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| 15 | + | be submitted in a manner and at a time to be determined by the secretary. |
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| 16 | + | (b) The secretary may enter into agreements with any municipality |
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| 17 | + | for the provision of a loan thereto for payment of all or a part of project |
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| 18 | + | costs and any municipality may enter into such an agreement and may |
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| 19 | + | accept such loan when so authorized by its governing body. The purposes |
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| 20 | + | of the loan to be provided, the amount thereof, the interest rate thereon, |
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| 21 | + | and the repayment terms and conditions thereof, all of which may vary |
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| 22 | + | among municipalities, shall be included in the agreements. Loans shall be |
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| 23 | + | provided at or below market interest rates and may be provided interest |
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| 24 | + | free. All such agreements shall require that municipalities establish a |
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| 25 | + | dedicated source of revenue for repayment of the loans as provided in |
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| 26 | + | K.S.A. 65-3327, and amendments thereto. Such agreements shall further |
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| 27 | + | provide that repayment of any loan received shall begin not later than one |
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| 28 | + | year after completion of the project and that. For agreements entered into |
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| 29 | + | on or before June 30, 2023, such loan shall be repaid in full no not later |
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| 30 | + | than 20 years thereafter. On and after July 1, 2023, agreements for loans |
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| 31 | + | shall provide that such loans shall be repaid in full not later than 30 years |
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| 32 | + | thereafter. |
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| 33 | + | (c) In the event any municipality to which a loan is made available |
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| 34 | + | under K.S.A. 65-3321 through 65-3329, and amendments thereto, fails to |
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| 35 | + | enter into an agreement with the secretary for the provision of such loan in |
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| 36 | + | accordance with the requirements of such statutes, the secretary is |
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| 37 | + | authorized to make the amount of the loan available for one or more other |
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| 38 | + | projects on the project priority list. |
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| 39 | + | (d) The secretary shall provide any municipality, upon its request, |
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| 76 | + | with technical advice and assistance regarding a project or an application |
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| 77 | + | for a loan for the payment of all or a part of project costs. |
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| 78 | + | Sec. 2. K.S.A. 65-3326 is hereby repealed. |
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| 79 | + | Sec. 3. This act shall take effect and be in force from and after its |
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