47-417. Adoption of brands; registration of brands; registration and renewal fees; delinquent brands; abandonment; rules and regulations.
47-417
47-417. Adoption of brands; registration of brands; registration andrenewal fees; delinquent brands; abandonment; rules and regulations.(a) Any person may adopt a brand for the purpose of branding livestock inaccordance with authorized rules and regulations of the livestockcommissioner of the Kansas animal health department. Such person shall havethe exclusive right to use such brand in this state, after registering suchbrand with the livestock commissioner.
(b) Any person desiring to register a livestock brand shall forward tothe commissioner a facsimile of such brand and shall accompany the samewith the registration fee in the amount provided under this section. Eachperson making application for the registering of a livestock brand which isavailable shall be issued a certificate of brand title which shall be validfor a period ending four years subsequent to the next April 1, following dateof issuance.
(c) For the purpose of revising the brand records, the livestockcommissioner shall collect a renewal fee in the amount provided under thissection on all brands upon which recording period expires. Any personsubmitting such renewal fee shall be entitled to a renewal of registrationof such person's livestock brand for a five-year period from the date ofexpiration of registration of such person's livestock brand as shown bysuch person's last certificate of brand title.
(d) The livestock brand ofany person whose registration expires and whofails to pay such renewal fee within a grace period of 60 days afterexpiration of the registration period shall be placed in a delinquencystatus. The use of a delinquent brand shall be unlawful. If the owner of any delinquentregistered brand the registration of which has expired fails to renewregistration of such brand within 120days after suchbrand became delinquent, such failure shall constitute an abandonment ofall claim to any property right in such brand.
(e) Upon the expiration of such delinquency period withoutany request for renewal and required remittance from the last record ownerof a brand, or such owner's heirs, legatees or assigns, and with thetermination of property rights by abandonment, the livestock commissioneris authorized to receive and accept an application for such brand to thesame extent as if such brand had never been issued toanyone as a registered brand.
(f) The livestock commissioner shall determine annually the amount offunds which will be required for the purposes for which the brand registrationand renewal fees are charged and collected and shall fix and adjust fromtime to time each such fee in such reasonable amount as may be necessaryfor such purposes, except that in no case shall either the brand registrationfee or the renewal fee exceed $55. The amounts of the brandregistrationfee and the renewal fee in effect on the day preceding the effective dateof this act shall continue in effect until the livestock commissioner fixesdifferent 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.