Kansas Statutes

Chapter 47: Livestock And Domestic Animals

Article 4: Marks And Brands

Statutes:

• 47-401:
• 47-402:
• 47-403:
• 47-404:
• 47-405:
• 47-406 to 47-413:
• 47-414: Definitions.
• 47-414a: "Brand commissioner" and "livestock brand commissioner" mean livestock commissioner; "board" means Kansas animal health board.
• 47-415:
• 47-416: Livestock commissioner, duties; brand recording; assistant commissioner, inspectors, investigators, examiners and employees.
• 47-416a: Livestock special investigators; law enforcement powers; training requirements.
• 47-417: Adoption of brands; registration of brands; registration and renewal fees; delinquent brands; abandonment; rules and regulations.
• 47-417a: Brand inspection; fees; disposition; livestock brand fee fund.
• 47-418: Branding; rules and regulations; identification brands for disease control purposes.
• 47-418a: Same; unlawful acts, penalty.
• 47-419: Certified copies of record; fee, approval.
• 47-420: Unlawful use of brands; additional marking systems; feedlot brands; permits, fees.
• 47-421: Unlawful branding or defacing of brands; penalty; venue of prosecutions.
• 47-422: Effect of recording of brands; recordation, fee; evidence; use by another prohibited, penalty.
• 47-423: Livestock from another state; permit; damages for failure to comply.
• 47-424: Publication of handbook and supplements; exchanges, sale and distribution.
• 47-425: Duty of attorney general.
• 47-426: Rules and regulations.
• 47-427: Invalidity of part.
• 47-428: Entry upon private lands; inspections; proof of ownership of livestock.
• 47-429: Moneys received from sale of branded stray livestock.
• 47-430, 47-431:
• 47-432: Livestock brand emergency revolving fund; purpose.
• 47-433: Livestock brand emergency revolving fund; use; employment of personnel; compensation.
• 47-434: Brand inspection areas; definitions.
• 47-435: Same; petition; resolution of county commissioners; basic brand inspection area designated; termination as area, procedure.
• 47-436: Same; duties of commissioner, brand inspectors and special investigators; rules and regulations.
• 47-437: Same; fees; collection; rules and regulations; increase or reduction in amount of fees; disposition of fees; county option brand fee fund.
• 47-438: Same; bill of sale required in inspection areas; unlawful acts.
• 47-439: Same; unlawful to fail or refuse to exhibit bill of sale, when.
• 47-440: Same; contents of bill of sale; unlawful acts.
• 47-441: Same; unlawful to remove cattle from area without inspection certificate; exceptions.
• 47-442: Same; unlawful to move cattle within area without inspection; exceptions.
• 47-443:
• 47-444:
• 47-445: Same; act supplemental.
• 47-446: Feedlot brands; application; conditions.
• 47-447: Penalty for violation of 47-420, 47-446.
• 47-448: Reciprocity agreements with livestock commissioners or brand inspection agencies of other states; brand inspection fees, not limited by other laws.

• 47-401:

        History:   G.S. 1868, ch. 105, § 55; R.S. 1923, 47-401; Repealed, L. 1939, ch. 222, § 15; March 29.

• 47-402:

        History:   G.S. 1868, ch. 105, § 56; R.S. 1923, 47-402; Repealed, L. 1939, ch. 222, § 15; March 29.

• 47-403:

        History:   G.S. 1868, ch. 105, § 57; R.S. 1923, 47-403; Repealed, L. 1939, ch. 222, § 15; March 29.

• 47-404:

        History:   G.S. 1868, ch. 105, § 58; R.S. 1923, 47-404; Repealed, L. 1939, ch. 222, § 15; March 29.

• 47-405:

        History:   L 1901. ch. 351, § 1; R.S. 1923, 47-405; Repealed, L. 1939, ch. 222, § 15; March 29.

• 47-406 to 47-413:

        History:   L. 1901, ch. 87, §§ 1 to 8; R.S. 1923, 47-406 to 47-413; Repealed, L. 1939, ch. 222, § 15; March 29.

• 47-414: Definitions. As used in this act, except where the context clearly indicates a different meaning:

        (a)   "Person" means every natural person, firm, copartnership, association or corporation;

        (b)   "livestock" means cattle, sheep, horses, mules or asses;

        (c)   "brand" means any permanent identifying mark upon the surface of any livestock, except upon horns and hoofs, made by any acid, chemical, a hot iron or cryogenic branding; and, also in the case of sheep shall include the identifying marks made by paint or tar;

        (d)   "commissioner" means the livestock commissioner;

        (e)   "board" means the animal health board, created in K.S.A. 74-4001, and amendments thereto;

        (f)   "cryogenic branding" means a brand produced by application of extreme cold temperature.

        History:   L. 1939, ch. 222, § 1; L. 1947, ch. 298, § 1; L. 1951, ch. 311, § 1; L. 1993, ch. 34, § 1; July 1.

• 47-414a: "Brand commissioner" and "livestock brand commissioner" mean livestock commissioner; "board" means Kansas animal health board. (a) Whenever in any statutes of this state the terms "livestock brand commissioner" or "brand commissioner" are used, or the term "commissioner" is used to refer to the livestock brand commissioner, such terms shall be construed to mean the livestock commissioner appointed by the Kansas animal health board pursuant to K.S.A. 75-1901.

        (b)   Whenever the term "board" is used in the acts contained in K.S.A. 47-414 to 47-433, inclusive, and any acts amendatory thereof, such term shall be construed to mean the Kansas animal health board created in K.S.A. 74-4001.

        History:   L. 1969, ch. 258, § 11; July 1.

• 47-415:

        History:   L 1939, ch. 222, § 2; L. 1947, ch. 298, § 2; Repealed, L. 1969, ch. 258, § 12; July 1.

• 47-416: Livestock commissioner, duties; brand recording; assistant commissioner, inspectors, investigators, examiners and employees. It shall be the duty of the livestock commissioner to keep all books and records and to record all brands used for the branding or marking of livestock in Kansas. The commissioner shall receive applications for the recording of any and all brands and the commissioner shall decide on the availability and desirability of any brand or brands sent in for recording.

        The commissioner may appoint an assistant commissioner in charge of brands and brand inspectors, special investigators, examiners, deputy assistants and employees necessary to carry out the provisions of the acts contained in article 4 of chapter 47 of the Kansas Statutes Annotated, and any acts amendatory thereof, subject to approval of the board.

        History:   L. 1939, ch. 222, § 3; L. 1947, ch. 298, § 3; L. 1951, ch. 312, § 1; L. 1953, ch. 254, § 1; L. 1959, ch. 228, § 12; L. 1963, ch. 419, § 2; L. 1965, ch. 458, § 28; L. 1967, ch. 443, § 3; L. 1969, ch. 258, § 8; L. 1973, ch. 2, § 18; L. 1984, ch. 196, § 2; L. 1996, ch. 90, § 2; July 1.

• 47-416a: Livestock special investigators; law enforcement powers; training requirements. Each special investigator, appointed by the livestock commissioner, pursuant to K.S.A. 47-416 and amendments thereto shall have the authority to make arrests, conduct searches and seizures and carry firearms while investigating violations of the provisions of article 4 of chapter 47 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof and supplemental thereto and while investigating livestock theft. The director as defined in K.S.A. 74-5602 and amendments thereto is authorized to offer and carry out a special course of instruction for special investigators performing law enforcement duties under authority of this section. Such special investigators shall not carry firearms without having first successfully completed such special law enforcement training course.

        History:   L. 1984, ch. 196, § 1; July 1.

• 47-417: Adoption of brands; registration of brands; registration and renewal fees; delinquent brands; abandonment; rules and regulations. (a) Any person may adopt a brand for the purpose of branding livestock in accordance with authorized rules and regulations of the livestock commissioner of the Kansas animal health department. Such person shall have the exclusive right to use such brand in this state, after registering such brand with the livestock commissioner.

        (b)   Any person desiring to register a livestock brand shall forward to the commissioner a facsimile of such brand and shall accompany the same with the registration fee in the amount provided under this section. Each person making application for the registering of a livestock brand which is available shall be issued a certificate of brand title which shall be valid for a period ending four years subsequent to the next April 1, following date of issuance.

        (c)   For the purpose of revising the brand records, the livestock commissioner shall collect a renewal fee in the amount provided under this section on all brands upon which recording period expires. Any person submitting such renewal fee shall be entitled to a renewal of registration of such person's livestock brand for a five-year period from the date of expiration of registration of such person's livestock brand as shown by such person's last certificate of brand title.

        (d)   The livestock brand of any person whose registration expires and who fails to pay such renewal fee within a grace period of 60 days after expiration of the registration period shall be placed in a delinquency status. The use of a delinquent brand shall be unlawful. If the owner of any delinquent registered brand the registration of which has expired fails to renew registration of such brand within 120 days after such brand became delinquent, such failure shall constitute an abandonment of all claim to any property right in such brand.

        (e)   Upon the expiration of such delinquency period without any request for renewal and required remittance from the last record owner of a brand, or such owner's heirs, legatees or assigns, and with the termination of property rights by abandonment, the livestock commissioner is authorized to receive and accept an application for such brand to the same extent as if such brand had never been issued to anyone as a registered brand.

        (f)   The livestock commissioner shall determine annually the amount of funds which will be required for the purposes for which the brand registration and renewal fees are charged and collected and shall fix and adjust from time to time each such fee in such reasonable amount as may be necessary for such purposes, except that in no case shall either the brand registration fee or the renewal fee exceed $55. The amounts of the brand registration fee and the renewal fee in effect on the day preceding the effective date of this act shall continue in effect until the livestock commissioner fixes different amounts for such fees under this section.

        History:   L. 1939, ch. 222, § 4; L. 1939, ch. 223, § 1; L. 1947, ch. 298, § 4; L. 1951, ch. 313, § 1; L. 1957, ch. 302, § 1; L. 1958, ch. 16, § 1 (Special Session); L. 1961, ch. 253, § 1; L. 1972, ch. 198, § 1; L. 1978, ch. 205, § 1; L. 1982, ch. 223, § 1; L. 1988, ch. 186, § 1; L. 1991, ch. 152, § 3; L. 1996, ch. 90, § 3; July 1.

• 47-417a: Brand inspection; fees; disposition; livestock brand fee fund. (a) The livestock commissioner may, when brand inspectors or examiners are available, provide brand inspection. When brand inspection is requested and provided, the livestock commissioner shall charge and collect from the person making the request, a brand inspection fee of not to exceed $.75 per head on cattle and $.05 per head on sheep and other livestock. No inspection charge shall be made or collected at any licensed livestock market where brand inspection is otherwise available.

        (b)   The livestock commissioner shall remit all moneys received under the statutes contained in article 4 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, except K.S.A. 47-434 through 47-445, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the livestock brand fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the livestock commissioner or by a person or persons designated by the commissioner.

        History:   L. 1958, ch. 16, § 2 (Special Session); L. 1965, ch. 330, § 1; L. 1973, ch. 2, § 19; L. 1975, ch. 281, § 2; L. 1982, ch. 223, § 2; L. 1986, ch. 196, § 1; L. 1991, ch. 152, § 4; L. 2001, ch. 5, § 160; July 1.

• 47-418: Branding; rules and regulations; identification brands for disease control purposes. Livestock may be branded in any way, or on any part of the animal, according to rules and regulations adopted by the commissioner, but livestock shall be branded so that they may be readily distinguished should they become intermixed with other herds. Livestock brands for identification of cattle to control diseases may be placed on the head or tailhead of the cattle. The letter "T" shall be used on the left jaw, by hot iron, to identify tuberculosis reactors; the letter "V" may be used on the left jaw, by hot iron, to identify brucellosis vaccinated cattle; the letter "S" may be used on the left jaw or the tailhead, by hot iron, to identify brucellosis exposed or untested test eligible animals; the letter "F" may be used on the left jaw or the left tailhead, by hot iron, to designate heifers from B and C states as listed by the United States department of agriculture. No applications for livestock brands for owner identification shall be issued for head, neck or tailhead locations, and the head and tailhead locations for livestock brands shall be reserved for brands for disease control purposes, except that head, neck and tailhead brands presently effective may have registration renewal upon term expirations. No evidence of ownership of brands shall be recorded except as provided in this act.

        History:   L. 1939, ch. 222, § 5; L. 1947, ch. 298, § 5; L. 1961, ch. 254, § 1; L. 1980, ch. 154, § 1; L. 1988, ch. 186, § 2; L. 1989, ch. 156, § 1; July 1.

• 47-418a: Same; unlawful acts, penalty. Any person who willfully brands or causes to be branded any cattle in any manner other than as required or authorized by K.S.A. 47-418 and amendments thereto or as required by the laws of this state and the rules and regulations of the livestock commissioner, or any person who falsely brands or causes to be falsely branded any cattle in such a manner as to incorrectly designate the disease control identification or ownership of livestock, shall be deemed guilty of a class A misdemeanor.

        History:   L. 1961, ch. 254, § 2; L. 1989, ch. 156, § 2; July 1.

• 47-419: Certified copies of record; fee, approval. When any brand is recorded, as provided herein, the owner thereof shall be entitled to one certified copy of the record of such brand from the commissioner. Additional certified copies of such record may be obtained by anyone upon the payment of a fee in an amount fixed by the commissioner and approved by the director of accounts and reports under K.S.A. 45-204 for each copy.

        History:   L. 1939, ch. 222, § 6; L. 1978, ch. 347, § 6; July 1.

• 47-420: Unlawful use of brands; additional marking systems; feedlot brands; permits, fees. (a) It shall be unlawful for any person to use any brand for branding any livestock unless such brand has been duly registered in the office of the livestock commissioner at Topeka, except: (1) The use of a single numeral digit (0 to 9) in conjunction with the registered brand of the owner may be used, for the purpose of determining the age of the branded animal, such number to be applied at least six inches from such registered brand; (2) the use of serial numbers in conjunction with the registered brand of the owner may be used for the purpose of identifying individual animals, such numbers to be applied at least six inches from the registered brand; (3) the use of numbers in conjunction with the registered brand of the owner may be used for the purpose of identifying herds of the same owner for feeding or experimental purposes, such numbers to be applied at least six inches from the registered brand; and (4) the use of a digital system of branding livestock may be used for the purpose of identifying animals in a licensed feedlot. Such feedlot brand may be used in conjunction with the registered brand of the owner, such brand to be applied at least six inches from such registered brand or may be used on animals which are not branded with a registered brand of the owner, subject to conditions, limitations and requirements applicable to the use of a feedlot brand as prescribed in K.S.A. 47-446, and amendments thereto. The age, serial, herd or feedlot brand shall not be construed as a part of the registered brand, and the use of such numeral or numerals in conjunction with a registered brand shall not be unlawful. Before any person uses any such serial or herd brand in conjunction with a registered brand, such person shall first obtain a permit from the livestock commissioner authorizing such use.

        (b)   The livestock commissioner is authorized to receive applications for permits for such serial or herd brands and issue permits thereon. All applications for such permits shall be accompanied by a permit fee of $1.50. No such fee shall be required if the application for such permit is submitted in conjunction with an original application for the registered brand or in conjunction with a request for renewal of registration of a registered brand.

        History:   L. 1939, ch. 222, § 7; L. 1955, ch. 259, § 1; L. 1957, ch. 303, § 1; L. 1973, ch. 212, § 1; L. 1974, ch. 223, § 1; L. 1991, ch. 152, § 5; July 1.

• 47-421: Unlawful branding or defacing of brands; penalty; venue of prosecutions. Any person who shall willfully and knowingly brand or cause to be branded with such person's brand, or any brand not the recorded brand of the owner, any livestock being the property of another, or who shall willfully or knowingly efface, deface or obliterate any brand upon any livestock, shall be deemed guilty of felony, and upon conviction thereof shall be punished by confinement in the custody of the secretary of corrections for a period not exceeding five years. Prosecution for violation of the provisions of this section may be had either in the county where such violation occurred or in any county in which the livestock may be located or found in the possession of the accused.

        History:   L. 1939, ch. 222, § 8; L. 1945, ch. 227, § 1; L. 1990, ch. 309, § 33; May 24.

• 47-422: Effect of recording of brands; recordation, fee; evidence; use by another prohibited, penalty. Any brand recorded with the Kansas animal health board in compliance with the requirements of this act shall be the property of the person causing such record to be made and shall be subject to sale, assignment, transfer, devise, and descent as other personal property. Instruments of writing evidencing the sale, assignment or transfer of such brand shall be recorded by the livestock commissioner, and the fee for recording such instruments of writing shall be $15. Such instruments shall have the same force and effect as recorded instruments affecting real estate, and a certified copy of the record of any such instrument may be introduced in evidence the same as is now provided for certified copies of instruments affecting real estate. Any brand recorded with the Kansas animal health department shall not be used by any person other than the recorded owner. Any person violating any provision of this section shall be guilty of a class C misdemeanor.

        History:   L. 1939, ch. 222, § 9; L. 1971, ch. 186, § 1; L. 1991, ch. 152, § 6; July 1.

• 47-423: Livestock from another state; permit; damages for failure to comply. Any person who causes to be brought into any county of the state from any other state for the purpose of grazing or feeding for a period of not to exceed eight months, livestock which carry a brand or brands recorded in a recognized brand organization of any other state, shall upon obtaining a permit from the commissioner be exempt from the provisions of K.S.A. 47-420, and amendments thereto, for a period of eight months. After such time such brand or a new brand must be recorded in this state, or an extension of such permit obtained from the commissioner. Failure to comply with the provisions of this section will render the party so violating liable for all damages resulting from such failure.

        History:   L. 1939, ch. 222, § 10; L. 1996, ch. 90, § 4; July 1.

• 47-424: Publication of handbook and supplements; exchanges, sale and distribution. The commissioner shall from time to time cause to be published in book form, a list of all brands and marks on record at the time of such publication. Such lists may be supplemented from time to time. Such publication shall contain a facsimile of all brands recorded, together with the owner's name and post-office address. Said records shall be arranged in convenient form for reference. The commissioner shall send, to the sheriff of each county, one copy of said brand book and supplement thereto, which shall be kept as a matter of public record. The commissioner may exchange brand books and supplements thereto with livestock brand commissioners and directors of other states, and with the executive officer of a statewide organization of any other state which is charged with administration of brand laws of such state. The commissioner may make other distribution of brand books and supplements without charge, to Kansas licensed veterinarians and licensed public livestock market operators, when he deems such distribution desirable and an aid to the effective administration of the brand laws of this state. Said books may be sold to the general public at a price to be determined by the commissioner which shall be based on the cost of printing, preparation and postage.

        History:   L. 1939, ch. 222, § 11; L. 1951, ch. 314, § 1; L. 1964, ch. 26, § 1 (Budget Session); L. 1965, ch. 330, § 2; L. 1967, ch. 292, § 1; July 1.

• 47-425: Duty of attorney general. It shall be the duty of the attorney general to enforce the provisions of this act, and all acts amendatory thereto, together with the rules and regulations of the commissioner; and for such purposes the attorney general shall have original jurisdiction in investigations and prosecutions coextensive with that of local officers.

        History:   L. 1939, ch. 222, § 12; March 29.

• 47-426: Rules and regulations. The commissioner may make all the necessary rules and regulations to carry out the provisions of this act and may by such rules and regulations make and provide for exceptions, in addition to those listed in K.S.A. 47-420 and amendments thereto, for the use of particular brands in conjunction with the recorded brand. Any such brands shall be at least six inches from the recorded brand.

        History:   L. 1939, ch. 222, § 13; L. 1947, ch. 298, § 6; L. 1957, ch. 303, § 2; L. 1989, ch. 156, § 3; July 1.

• 47-427: Invalidity of part. The provisions of this act are severable, and if any part therein shall be held unconstitutional, or invalid, the same shall not affect the validity of any remaining portion of this act.

        History:   L. 1939, ch. 222, § 14; March 29.

• 47-428: Entry upon private lands; inspections; proof of ownership of livestock. The livestock commissioner and the commissioner's deputies or assistants are hereby authorized to enter upon any private lands to make any inspections necessary for the purpose of carrying out the provisions of this act or any of the provisions of article 4 of chapter 47 of the Kansas Statutes Annotated or any amendments thereto. The commissioner and the commissioner's deputies or assistants may accept proof of ownership of livestock from any person in possession of animals bearing the recorded brands of another party as sufficient to exclude and exempt such animals from being classified as stray animals under the provisions of this act.

        History:   L. 1947, ch. 298, § 7; L. 1989, ch. 156, § 4; July 1.

• 47-429: Moneys received from sale of branded stray livestock. All moneys received from the sale of branded stray livestock shall be paid to the state livestock commissioner, regardless of the provisions of article 2 of chapter 47 of the Kansas Statutes Annotated and acts amendatory thereto, or any other provision of law relating to the disposition of the moneys received from the sale of branded stray animals. The commissioner or the commissioner's deputies are hereby authorized and directed to receive and receipt for all moneys received from the sale of branded stray livestock and shall pay the same to the state treasurer, and the state treasurer shall credit the amount so paid to the livestock brand fee fund.

        History:   L. 1947, ch. 298, § 8; L. 1989, ch. 156, § 5; L. 1996, ch. 90, § 5; July 1.

• 47-430, 47-431:

        History:   L. 1947, ch. 298, §§ 9, 10; Repealed, L. 1973, ch. 2, § 36; July 1.

• 47-432: Livestock brand emergency revolving fund; purpose. There is hereby created a livestock brand emergency revolving fund for the use of the state livestock commissioner for the purpose of paying expenses and costs of establishing the ownership of livestock which are mingled as a result of sudden or extreme storm conditions or other unforeseen occurrences.

        History:   L. 1959, ch. 25, § 1; L. 1989, ch. 156, § 6; July 1.

• 47-433: Livestock brand emergency revolving fund; use; employment of personnel; compensation. The livestock brand emergency revolving fund may be used to provide for the compensation, subsistence and travel of emergency livestock brand inspectors and other necessary temporary employees and to provide for such transactions which demand immediate attention. Emergency livestock brand inspectors and other needed personnel may be employed by the livestock commissioner, Kansas animal health department, or by the assistant commissioner in charge of brands, on a temporary basis for services in the establishment of the ownership of livestock which may have been mingled as a result of sudden or extreme storm conditions, or other unforeseen occurrences. Personnel employed under this act shall be in the unclassified service and shall be exempt from the provisions of subsection (b) of K.S.A. 75-2935, requirements of the civil service law and processing by the division of personnel services [of] the department of administration. Such revolving fund shall not be used to pay any regular employees, or for current accounts, which are payable monthly. Advanced payments may be made from such revolving fund by the commissioner or assistant commissioner for subsistence and travel of employees and for other necessary emergency purposes when deemed necessary. A settlement, based on an approved accounting for any advance payments, shall be completed prior to the certification to the director of accounts and reports for payment of any compensation earned. The assistant commissioner shall comply with supplemental procedures as the controller may require, but payments for services, subsistence and travel from the livestock brand emergency revolving fund shall be made by voucher method, showing periods of time worked.

        History:   L. 1959, ch. 25, § 2; L. 1972, ch. 199, § 1; L. 1978, ch. 345, § 8; July 1.

• 47-434: Brand inspection areas; definitions. As used in this act:

        (a)   "Commissioner" means the state livestock commissioner;

        (b)   "brand inspection area" means any county which has been designated as such by the board of county commissioners of such county in the manner provided by K.S.A. 47-435 and amendments thereto;

        (c)   "resident owner of cattle " means any resident of a county who has owned one or more head of cattle at any time during the 12 preceding months;

        (d)   "brand inspection" means the inspection of brands, marks, and other identifying characteristics of cattle or sheep, or both, for the purpose of determining the ownership thereof; and

        (e)   "person" means any individual, firm, association, partnership or corporation.

        History:   L. 1959, ch. 228, § 1; L. 1989, ch. 156, § 7; L. 2000, ch. 111, § 4; July 1.

• 47-435: Same; petition; resolution of county commissioners; basic brand inspection area designated; termination as area, procedure. (a) Whenever a petition is submitted to the board of county commissioners, signed by not less than 51% of the resident owners of cattle, as determined by an enumeration taken and verified for this purpose by a qualified elector of the county, requesting that the county be designated a brand inspection area, it shall be the duty of the board of county commissioners, within 10 days after receipt of such petition, to make a determination as to the sufficiency of the qualifications and numbers of signers. If such petition is found sufficient the board shall adopt a resolution declaring the county a brand inspection area, and shall immediately file a certified copy of such resolution with the livestock commissioner. In every case, the date of filing of the certified copy of the resolution of the board of county commissioners declaring the county a brand inspection area with the commissioner shall be the date the county shall qualify as a brand inspection area.

        (b)   Any and all counties which have been so designated as a brand inspection area, and which are adjacent to and contiguous with other counties so designated, shall be and constitute a part of a basic brand inspection area. From and after the effective date of this act, the counties of Hamilton, Kearny and Wichita shall be and are hereby designated and declared to be a part of a basic brand inspection area. Such basic brand inspection area shall be subject to enlargement by the addition of other contiguous counties.

        (c)   Whenever a petition is submitted to the board of county commissioners, signed by not less than 51% of the resident owners of cattle, as determined by an enumeration taken and verified for this purpose by a qualified elector of the county, requesting that the county no longer be designated a brand inspection area and that its status as a brand inspection area be terminated, it shall be the duty of the board of county commissioners, within 10 days after receipt of such petition, to make a determination as to the sufficiency of the qualifications and numbers of signers. If such petition is found sufficient the board shall adopt a resolution declaring that the county is no longer a brand inspection area, and shall immediately file a certified copy of such resolution with the livestock commissioner. Thereupon the county shall be terminated as a brand inspection area, but the termination as a brand inspection area by a county within a basic brand inspection area shall not affect the existence of such basic brand inspection area as to the remaining counties therein.

        History:   L. 1959, ch. 228, § 2; L. 1963, ch. 285, § 1; L. 1969, ch. 258, § 9; L. 1996, ch. 90, § 6; July 1.

• 47-436: Same; duties of commissioner, brand inspectors and special investigators; rules and regulations. The commissioner and the brand inspectors under the control and supervision of the commissioner shall provide brand inspection in all brand inspection areas of the state, within the limits of funds provided for such purpose, and shall perform such other duties as may be required to administer the provisions of the acts contained in articles 2 and 4 of chapter 47 of the Kansas Statutes Annotated and acts amendatory of the provisions thereof and supplemental thereto. The commissioner or the authorized agent shall perform such acts as may be necessary to aid in establishing ownership of livestock and shall cooperate with agencies and residents of other states when ownership of livestock cannot be established within this state. The commissioner shall provide for the issuance of official inspection certificates to owners, possessors, shippers or sellers of livestock in such a manner as to provide for the most efficient administration and enforcement of the livestock laws of Kansas.

        The commissioner is authorized to adopt and enforce such rules and regulations governing brand inspections as the commissioner shall deem necessary for the proper enforcement of the livestock laws of Kansas. The commissioner, brand inspectors and special investigators shall aid in investigations and prosecutions of violations of the livestock laws of Kansas and other laws of this state and of the rules and regulations of the commissioner.

        History:   L. 1959, ch. 228, § 3; L. 1969, ch. 258, § 10; L. 1984, ch. 196, § 3; L. 1989, ch. 156, § 8; July 1.

• 47-437: Same; fees; collection; rules and regulations; increase or reduction in amount of fees; disposition of fees; county option brand fee fund. (a) The livestock commissioner shall charge and collect a fee of not to exceed $.75 per head on all cattle and not to exceed $.05 per head on all sheep inspected in brand inspection areas of the state. In addition to the per head fee, the livestock commissioner may charge and collect an on-site inspection fee and a mileage fee for each mile necessarily and actually traveled in going to and returning from the place of inspection. The livestock commissioner, when brand inspectors are available, may provide brand inspection in other areas where brand inspection is requested and the commissioner shall charge and collect inspection fees in the same manner as prescribed for the collection of such fees in brand inspection areas. The owner or seller of cattle or sheep inspected shall be responsible for the payment of the inspection fees and such fees shall be collected in such manner as the livestock commissioner shall prescribe or authorize by rule or regulation.

        (b)   When the livestock commissioner determines that the fees collected under this section are yielding more than is required for the purposes for which such fees are collected, the commissioner may reduce such fees for such period as the commissioner deems justified. In the event the livestock commissioner, after reducing such fees, finds that sufficient revenues are not being produced by the reduced fees to properly administer and enforce this act and acts of which this section is amendatory or supplemental, the commissioner may increase such fees to such rate as will, in the commissioner's judgment, produce sufficient revenue for the purposes provided in this section, but not exceeding $.75 per head on cattle and not to exceed $.05 per head on sheep.

        (c)   The livestock commissioner shall remit all moneys received under K.S.A. 47-434 through 47-445, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the county option brand fee fund, except any amounts received for brand inspection services of livestock outside of a county option area. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the livestock commissioner or by a person or persons designated by the commissioner. All amounts received for inspection of livestock outside of a county option area shall be deposited to the credit of the livestock brand fee fund.

        History:   L. 1959, ch. 228, § 4; L. 1962, ch. 36, § 1; L. 1965, ch. 331, § 1; L. 1973, ch. 2, § 20; L. 1975, ch. 281, § 3; L. 1982, ch. 223, § 3; L. 1986, ch. 196, § 2; L. 1991, ch. 152, § 7; L. 2000, ch. 111, § 5; L. 2001, ch. 5, § 161; July 1.

• 47-438: Same; bill of sale required in inspection areas; unlawful acts. It shall be unlawful for any person, either as principal or agent, to sell or otherwise dispose of any cattle or sheep in any brand inspection area, or to purchase or otherwise receive any cattle or sheep in any brand inspection area, unless the person selling or disposing of such cattle or sheep shall give the person purchasing or otherwise receiving the same a written bill of sale therefor.

        History:   L. 1959, ch. 228, § 5; June 30.

• 47-439: Same; unlawful to fail or refuse to exhibit bill of sale, when. It shall be unlawful in any brand inspection area, for any person, (1) who has purchased or received cattle or sheep carrying the brand of another; or (2) who has cattle or sheep in his possession, either for himself or another, which carry the brand of another; to fail or refuse to exhibit to the commissioner, to any brand inspector, or to any peace officer, upon request, a bill of sale for such cattle or sheep.

        History:   L. 1959, ch. 228, § 6; June 30.

• 47-440: Same; contents of bill of sale; unlawful acts. It shall be unlawful for any person, in any brand inspection area, to sell cattle or sheep with the brand of another or offer for sale, any cattle or sheep carrying any brand other than the recorded brand of the person in possession thereof, without having in his possession a bill of sale showing or stating: (1) The date of transfer of such livestock from the record owner of the brand; (2) the guaranty of title for such livestock; (3) the number of livestock transferred; (4) the sex of the livestock; (5) the carrying brand on such livestock, including the symbol and location; (6) the name and address of the vendor; and (7) the name and address of the purchaser.

        History:   L. 1959, ch. 228, § 7; June 30.

• 47-441: Same; unlawful to remove cattle from area without inspection certificate; exceptions. It shall be unlawful for any person in any brand inspection area, including the owner of cattle, the shipper, motor carrier, railroad company, other carrier or corporation, or the agent or servant of any such person, carrier or corporation, to move, drive, ship or transport, in any manner, any cattle from any point in a brand inspection area, to any point outside such area other than another brand inspection area, unless such cattle shall have first been inspected for brands by the state livestock commissioner, the commissioner's inspectors or examiners, or some person deputized by the commissioner to perform such inspection, unless such cattle are accompanied by a brand inspection certificate. The livestock commissioner and the commissioner's inspectors and deputies may give permission for such movement of cattle without inspection when: (1) There is no change of ownership involved; or (2) shipment of such cattle is to a market where Kansas brand inspection is maintained. No such inspection shall be required in any case where any such cattle are being moved from a feedlot the operator of which has been licensed pursuant to K.S.A. 47-1503 and amendments thereto. It shall be unlawful for any motor carrier, railroad company or other carrier transporting any cattle from any brand inspection area to any market to permit the owner, the shipper or the party in charge of cattle to change the billing from consignation point to a point other than to a market where Kansas brand inspection is maintained, unless such carrier has or first secures an authorized brand inspection certificate for such cattle.

        History:   L. 1959, ch. 228, § 8; L. 1965, ch. 331, § 2; L. 1977, ch. 189, § 1; L. 1989, ch. 156, § 9; July 1.

• 47-442: Same; unlawful to move cattle within area without inspection; exceptions. It shall be unlawful for any person in any brand inspection area to move any cattle within such area unless such cattle have been first inspected for brands by the livestock commissioner or the commissioner's inspectors or deputies except that cattle may be moved without such inspection when: (1) cattle are moved to a market where Kansas brand inspection is maintained; or (2) cattle are moved from a feedlot the operator of which has been licensed pursuant to K.S.A. 47-1503 and amendments thereto, except that when any such cattle are moved to any such feedlot the same shall be inspected at the time they enter such feedlot. The livestock commissioner shall have the authority in any case where as a result of a natural or man-made disaster cattle have strayed or have become mixed to conduct a one time brand inspection of the cattle in any such feedlot. Any person who purchases cattle from within a brand inspection area without receiving a bill of sale and a brand inspection certificate shall be deemed as counseling, aiding and abetting the seller in the unlawful sale of such livestock.

        History:   L. 1959, ch. 228, § 9; L. 1965, ch. 331, § 3; L. 1977, ch. 189, § 2; L. 1989, ch. 156, § 10; July 1.

• 47-443:

        History:   L. 1959, ch. 228, § 10; Repealed, L. 1973, ch. 2, § 36; July 1.

• 47-444:

        History:   L. 1959, ch. 228, § 11; Repealed, L. 1996, ch. 90, § 11; July 1.

• 47-445: Same; act supplemental. This act shall be supplemental to articles 2 and 4 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto.

        History:   L. 1959, ch. 228, § 13; June 30.

• 47-446: Feedlot brands; application; conditions. Feedlot brands may be lawfully applied to livestock which livestock are not branded with a registered brand of the owner and which are in the custody of, and upon the premises of, a feedlot operator licensed under the provisions of article 15 of chapter 47 of the Kansas Statutes Annotated and acts amendatory thereof or supplemental thereto, subject to the following conditions, limitations and requirements: (1) such feedlot brand shall not be construed as evidence of ownership identification; (2) livestock which are branded with a feedlot brand shall be held by the licensed feedlot operator under quarantine upon said feed lot premises until (a) released by said feedlot operator for movement to slaughter or (b) released by the livestock commissioner, or his authorized representative, by issuance of a permit authorizing such livestock to be moved from the feedlot premises for grazing purposes; any such permit, if issued, shall be subject to the requirement that such livestock, before release from licensed feedlot premises, shall be branded with a registered brand of the owner of the livestock.

        History:   L. 1973, ch. 212, § 2; July 1.

• 47-447: Penalty for violation of 47-420, 47-446. Any person violating or failing to comply with any of the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum of not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000).

        History:   L. 1973, ch. 212, § 3; July 1.

• 47-448: Reciprocity agreements with livestock commissioners or brand inspection agencies of other states; brand inspection fees, not limited by other laws. The livestock commissioner is authorized to enter into reciprocity agreements with any livestock commissioner or brand inspection agency of any other state or the United States, for cooperation in the administration of brand inspection laws and laws for the control, suppression and eradication of contagious diseases among domestic animals.

        The livestock commissioner may set and charge fees for brand inspection of animals subject to any reciprocity agreement, and such fees shall not be limited by or subject to the provisions of K.S.A. 47-417a or 47-437, or any other law prescribing fees for brand inspection.

        History:   L. 1975, ch. 281, § 4; July 1.