47-437. Same; fees; collection; rules and regulations; increase or reduction in amount of fees; disposition of fees; county option brand fee fund.

47-437

Chapter 47.--LIVESTOCK AND DOMESTIC ANIMALS
Article 4.--MARKS AND BRANDS

      47-437.   Same; fees; collection; rules andregulations; increase or reduction in amount of fees; disposition of fees;county option brand fee fund.(a) The livestock commissionershall charge and collect a fee ofnot to exceed $.75 per head on all cattle and not to exceed$.05 per head on all sheep inspected in brand inspection areasof the state.In addition to the per head fee, the livestock commissioner may charge andcollect an on-site inspection fee and a mileage fee for each mile necessarilyand actually traveled in going to and returning from the place ofinspection.The livestock commissioner, when brand inspectors areavailable, may provide brand inspection in other areas where brandinspectionis requested and the commissioner shall charge and collect inspection feesin the same manner as prescribed for the collection of such fees in brandinspection areas. The owner or seller of cattle or sheep inspected shall beresponsible for the payment of the inspection fees and suchfees shall becollected in such manner as the livestock commissioner shall prescribe orauthorizeby rule or regulation.

      (b)   When the livestock commissionerdetermines that the fees collected under this section are yielding more than isrequired for the purposes for which such fees are collected, the commissionermay reduce such fees for such period as the commissioner deems justified.In the event the livestockcommissioner, after reducingsuch fees, finds that sufficient revenues are not being produced by thereduced fees to properly administer and enforce this act and acts of whichthis section is amendatory or supplemental, the commissioner may increasesuch fees to suchrate as will, in the commissioner'sjudgment, produce sufficient revenue for the purposes provided in thissection, but not exceeding $.75 per head on cattle and not toexceed $.05 per head on sheep.

      (c)   The livestock commissioner shallremit all moneys received under K.S.A. 47-434 through 47-445, and amendmentsthereto, to the state treasurer in accordance with the provisions of K.S.A.75-4215, andamendments thereto.Upon receipt of each such remittance, the statetreasurershall deposit theentire amount in the state treasuryto the credit of the county option brand fee fund, except any amountsreceivedfor brand inspection services of livestock outside of a county option area.All expenditures from such fund shall be made in accordance withappropriation acts upon warrants of the director of accounts and reportsissued pursuant to vouchers approved by the livestock commissioner or by aperson or persons designated by the commissioner. All amounts received forinspection of livestock outside of a county option area shall be depositedto 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.