Kansas 2023-2024 Regular Session

Kansas House Bill HB2816 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2024
2	2	HOUSE BILL No. 2816
3	3	By Committee on Appropriations
4	4	Requested by Representative Rahjes
5	5	2-29
6	6	AN ACT concerning agriculture; relating to the farm animal and field crop
7	7	and research facilities protection act; prohibiting entering or remaining
8	8	on and knowingly making false statements to gain access to animal
9	9	facilities and field crop production areas; providing penalties for
10	10	violations therefor; removing the intent to destroy property; amending
11	11	K.S.A. 47-1826 and 47-1827 and repealing the existing sections.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 47-1826 is hereby amended to read as follows: 47-
14	14	1826. As used in the farm animal and field crop and research facilities
15	15	protection act:
16	16	(a) "Animal" means any warm or coldblooded animal used in food,
17	17	fur or fiber production, agriculture, research, testing or education and.
18	18	"Animal" includes dogs, cats, poultry, fish and invertebrates.
19	19	(b) "Animal facility" includes any vehicle, building, structure,
20	20	research facility or premises where an animal is kept, handled, housed,
21	21	exhibited, bred or offered for sale.
22	22	(c) "Consent" means assent in fact, whether express or apparent.
23	23	(d) "Deprive" means to:
24	24	(1) Withhold an animal or other property from the owner permanently
25	25	or for so extended a period of time that a major portion of the value or
26	26	enjoyment of the animal or property is lost to the owner;
27	27	(2) restore the animal or other property only upon payment of reward
28	28	or other compensation; or
29	29	(3) dispose of an animal or other property in a manner that makes
30	30	recovery of the animal or property by the owner unlikely.
31	31	(e) "Effective consent" includes consent by a person legally
32	32	authorized to act for the owner. Consent is not effective if:
33	33	(1) Induced by force, fraud, deception, duress or threat;
34	34	(2) given by a person the offender knows is not legally authorized to
35	35	act for the owner; or
36	36	(3) given by a person who by reason of youth, mental disease or
37	37	defect or under the influence of drugs or alcohol is known by the offender
38	38	to be unable to make reasonable decisions.
39	39	(f) "Owner" means a person who has title to the property, possession
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75	75	of the property, whether lawful or not, or a greater right to possession of
76	76	the property than the actor.
77	77	(g)(e) "Person" means any individual, state agency, corporation,
78	78	association, nonprofit corporation, joint stock company, firm, trust,
79	79	partnership, two or more persons having a joint or common interest or
80	80	other legal entity.
81	81	(h) "Possession" means actual care, custody, control or management.
82	82	(i)(f) "Research facility" means any place, laboratory, institution,
83	83	medical care facility, elementary school, secondary school, college or
84	84	university, at which where any scientific test, experiment or investigation
85	85	involving the use of any living animal or field crop product is carried out,
86	86	conducted or attempted.
87	87	Sec. 2. K.S.A. 47-1827 is hereby amended to read as follows: 47-
88	88	1827. (a) No person shall, :
89	89	(1) Without the effective consent of the owner and with the intent to
90	90	damage the enterprise conducted at the animal facility, damage or destroy
91	91	an animal facility or any animal or property in or on an animal facility;
92	92	(2) enter or remain upon or in any animal facility, including flying an
93	93	aircraft within the airspace directly above such animal facility but below
94	94	the minimum safe altitude prescribed in 14 C.F.R. 91.119(c), as in effect
95	95	on July 1, 2024, without the consent of the owner; or
96	96	(3) knowingly make false statements on an employment application to
97	97	gain access to an animal facility.
98	98	(b) No person shall, without the effective consent of the owner,
99	99	acquire or otherwise exercise control over an animal facility, an animal
100	100	from an animal facility or other property from an animal facility, with the
101	101	intent to deprive the owner of such facility, animal or property and to
102	102	damage the enterprise conducted at the animal facility.
103	103	(c) No person shall, without the effective consent of the owner and
104	104	with the intent to damage the enterprise conducted at the animal facility:
105	105	(1) Enter an animal facility, not then open to the public, with intent to
106	106	commit an act prohibited by this section;
107	107	(2) remain concealed, with intent to commit an act prohibited by this
108	108	section, in an animal facility;
109	109	(3) enter an animal facility and commit or attempt to commit an act
110	110	prohibited by this section; or
111	111	(4) enter an animal facility to take pictures by photograph, video
112	112	camera or by any other means.
113	113	(d) (1) No person shall, without the effective consent of the owner
114	114	and with the intent to damage the enterprise conducted at the animal
115	115	facility, enter or remain on an animal facility if the person:
116	116	(A) Had notice that the entry was forbidden; or
117	117	(B) received notice to depart but failed to do so.
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161	161	(2) For purposes of this subsection (d), "notice" means:
162	162	(A) Oral or written communication by the owner or someone with
163	163	apparent authority to act for the owner;
164	164	(B) fencing or other enclosure obviously designed to exclude
165	165	intruders or to contain animals; or
166	166	(C) a sign or signs posted on the property or at the entrance to the
167	167	building, reasonably likely to come to the attention of intruders, indicating
168	168	that entry is forbidden.
169	169	(e)(b) No person shall,:
170	170	(1) Without the effective consent of the owner and with the intent to
171	171	damage or destroy the field crop product, damage or destroy any field crop
172	172	product that is grown in the context of a product development program in
173	173	conjunction or coordination with a private research facility or, a university
174	174	or any federal, state or local governmental agency;
175	175	(2) enter or remain upon or in any property in a field crop production
176	176	area of a product development program in conjunction or coordination
177	177	with a private research facility, a university or any federal, state or local
178	178	government entity, including flying an aircraft within the airspace directly
179	179	above such property area but below the minimum safe altitude prescribed
180	180	in 14 C.F.R. 91.119(c), as in effect on July 1, 2024, without the consent of
181	181	the owner; or
182	182	(3) knowingly make false statements on an employment application to
183	183	gain access to a field crop production area of a product development
184	184	program in conjunction or coordination with a private research facility, a
185	185	university or any federal, state or governmental agency.
186	186	(f) No person shall, without the effective consent of the owner and
187	187	with the intent to damage or destroy the field crop product, enter any
188	188	property, with the intent to damage or destroy any field crop product that is
189	189	grown in the context of a product development program in conjunction or
190	190	coordination with a private research facility or a university or any federal,
191	191	state or local governmental agency.
192	192	(g)(c) (1) Violation of subsection (a)(1) or (e) (b)(1) is a severity level
193	193	7, nonperson felony if the facility, animals, field crop product or property
194	194	is damaged or destroyed to the extent of $25,000 or more. Violation of
195	195	subsection (a) or (e) is a severity level 9, nonperson felony if the facility,
196	196	animals, field crop product or property is damaged or destroyed to the
197	197	extent of at least $1,000 but less than $25,000. Violation of subsection (a)
198	198	or (e) is a class A nonperson misdemeanor if the facility, animals, field
199	199	crop product or property damaged or destroyed is of the value of less than
200	200	$1,000 or is of the value of $1,000 or more and is damaged to the extent of
201	201	less than $1,000:
202	202	(A) Class A nonperson misdemeanor, except as provided in
203	203	subparagraph (B) or (C);
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247	247	(B) severity level 9, nonperson felony if property damaged or
248	248	destroyed is of a value of more than $1,000 but less than $25,000; or
249	249	(C) severity level 7, nonperson felony if the property damaged or
250	250	destroyed is of a value more than $25,000.
251	251	(2) Violation of subsection (b) is a severity level 10, nonperson
252	252	felony.
253	253	(3) Violation of subsection (c) (a)(2) or (b)(2) is a class A, nonperson
254	254	misdemeanor.
255	255	(4)(3) Violation of subsection (d) (a)(3) or (f) (b)(3) is a class B
256	256	nonperson misdemeanor.
257	257	(h)(d) The provisions of this section shall not apply to lawful
258	258	activities of any governmental agency or employees or agents thereof
259	259	carrying out their duties under law.
260	260	Sec. 3. K.S.A. 47-1826 and 47-1827 are hereby repealed.
261	261	Sec. 4. This act shall take effect and be in force from and after its
262	262	publication in the statute book.
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