Kansas Statutes 47-1002. Bond, conditions; expiration date of license; damage actions; issuance of license after bond given
Terms Used In Kansas Statutes 47-1002
- 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
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- 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
- Person: means and includes any individual, partnership, corporation or association. See Kansas Statutes 47-1001
- Producer: means any person engaged in the business of breeding, grazing or feeding livestock. See Kansas Statutes 47-1001
- 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
- Trustee: A person or institution holding and administering property in trust.
(a) The bond required by Kan. Stat. Ann. § 47-1001a, and amendments thereto, shall be in the minimum amount of $20,000 for each license year or fraction thereof, but may be a continuous bond. Each license year shall expire on September 30. Such bond shall be conditioned upon compliance by the principal with the provisions of this act and upon the prompt, faithful and honest handling by the principal of such livestock and the prompt remittance of the proceeds from the sale, purchase or exchange thereof to the lawful owner of such livestock. Such bond shall be to the state for the use and benefit of such person or persons as may suffer loss or damage by breach of the condition thereof. If the commissioner is the trustee and custodian of a surety bond or bond equivalent wherein such public livestock market operator is the principal and is operating under the provisions of the packers and stockyards act of 1921 of the United States, the commissioner may accept such bond or bond equivalent in lieu of the one herein otherwise required.
(b) For the purposes of this section, a bond equivalent shall be in one of the following forms:
(1) A trust fund agreement governing funds actually deposited or invested in fully negotiable obligations of the United States of federally-insured deposits or accounts in the name of and readily convertible to currency by a trustee; or
(2) a trust agreement governing funds that may be drawn by a trustee, under one or more irrevocable, transferable, standby letters of credit, issued by a federally-insured bank or institution and physically received and retained by the trustee.
(c) Any producer, consignor or purchaser of livestock claiming to be injured by the breach of any public livestock market operator of any of the terms and provisions of such bond may bring action thereon in district court to recover the damages caused by such breach.
(d) When such bond shall have been given, the commissioner shall thereupon issue to such applicant a license entitling the applicant, if a public livestock market operator, to conduct the business described in the application at the place named therein for a period expiring on September 30 following date of issuance, and for such additional license year periods as the public livestock market operator may be entitled to by reason of the operator’s having paid the annual application fee and the proof of the operator’s having paid the annual premium upon such continuous bond, or until such license shall have been revoked for cause.