Kansas Statutes 47-1011. Fees for sale of livestock; disposition of moneys
(a) The public livestock market operator shall collect from the consignor of horses, mules, cattle, hogs, sheep and goats the fee per head on all such livestock sold at a public livestock market in the amount fixed by the commissioner under this section. The public livestock market operator shall remit to the commissioner on or before the 15th day of each month the amounts collected during the preceding calendar month.
(b) The electronic auction operator shall collect from the consignor of horses, mules, cattle, hogs, sheep and goats the fee per head in an amount fixed by the commissioner under this section on all such livestock sold at an electronic auction if such livestock is located in the state of Kansas. The electronic auction operator shall remit to the commissioner on or before the 15th day of each month the amounts collected during the preceding calendar month.
Terms Used In Kansas Statutes 47-1011
- Commissioner: means the animal health commissioner of the Kansas department of agriculture. See Kansas Statutes 47-1001
- Consignor: means any person who ships or delivers to any public livestock market livestock for handling, sale or resale at a public livestock market. See Kansas Statutes 47-1001
- Electronic auction: means a live audio-visual broadcast of an actual auction where livestock are offered for sale and shall include auctions conducted by satellite communications and over the internet. See Kansas Statutes 47-1001
- Livestock: means and includes cattle, bison, swine, sheep, goats, horses, mules, domesticated deer, camelids, domestic poultry, domestic waterfowl, all creatures of the ratite family that are not indigenous to this state, including, but not limited to, ostriches, emus and rheas, and any other animal as deemed necessary by the commissioner established through rules and regulations. See Kansas Statutes 47-1001
- Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
- Public livestock market: means any place, establishment or facility commonly known as a "livestock market" "livestock auction market" "sales ring" "stockyard" "community sale" as such term is used in article 10 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, which includes any business conducted or operated for compensation or profit as a public market for livestock, consisting of pens, or other enclosures, and their appurtenances, in which livestock are received, held, sold or kept for sale or shipment except that this term shall not apply to any livestock market where federal veterinary inspection is regularly maintained. See Kansas Statutes 47-1001
- Public livestock market operator: means any person who, in this state, receives on consignment, or solicits from the producer or consignor thereof, or holds in trust or custody for another, any livestock for sale or exchange, on behalf of such producer or consignor at a public livestock market, or sells, or offer for sale, at a public livestock market, for the account of the producer or consignor thereof, any livestock or directly or indirectly owns, conducts or operates a public livestock market. See Kansas Statutes 47-1001
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(c) The fee per head provided for in this section shall be in addition to the inspection fee stated in Kan. Stat. Ann. § 47-1008, and amendments thereto, to the license fee payable to the commissioner for licenses mentioned and described in Kan. Stat. Ann. § 47-1002, and amendments thereto, and to the fee provided for in Kan. Stat. Ann. § 74-534, and amendments thereto.
(d) The commissioner shall determine annually the amount of funds which will be required, in addition to the funds received for fees imposed under Kan. Stat. Ann. §§ 47-1001a and 47-1001e, and amendments thereto, to properly enforce and administer the laws contained in article 10 of chapter 47 of the Kansas Statutes Annotated, and amendments thereto, and shall fix and adjust from time to time the fee per head imposed under this section in such reasonable sum as may be necessary for such purposes, except that the fee per head fixed under this section shall not be more than $.25. The fee per head in effect on the day preceding the effective date of this act shall continue in effect until the commissioner fixes a different fee per head under this section.
(e) The commissioner shall remit all moneys received by or for the commissioner under Kan. Stat. Ann. §§ 47-1001a, 47-1001e and this section, and amendments thereto, to the state treasurer in accordance with the provisions of Kan. Stat. Ann. § 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 animal disease control fund.