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Session of 2025
HOUSE BILL No. 2297
By Committee on Agriculture and Natural Resources
Requested by Representative Seiwert
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AN ACT concerning animals; authorizing the animal health commissioner
to issue permits for raccoon ownership; mandating that such raccoons
be vaccinated against rabies and other diseases and undergo annual
veterinary checkups; prohibiting persons from breeding raccoons in
captivity unless any such person is federally licensed for such purpose;
requiring the completion of an educational program on raccoon care
before permit issuance; implementing public awareness campaigns;
allowing inspections of permittee premises once per year unless
violations or complaints arise; providing for rehoming or euthanasia of
a raccoon if a permittee is unfit to care therefor; prohibiting local
regulations that are stricter than state law regarding raccoon ownership;
authorizing the commissioner to set fees for applications, renewals,
inspections and transfers, with fines for violations; allowing for appeal
or deferment of permit fees in extraordinary circumstances, with
potential fee waivers for ownership transfers.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) It shall be unlawful for any person to possess a raccoon
as a pet unless such person has obtained from the animal health
commissioner a raccoon ownership permit. Applications for any such
permit shall be made in writing on a form provided by the commissioner.
The permit period shall be for the permit year ending on January 31
following the issuance date.
(b) Raccoons possessed in accordance with this section shall be
vaccinated against rabies and other transmissible diseases and, each
calendar year, undergo veterinary checkups.
(c) Owners shall provide a safe, secure and conducive environment
for the raccoon. Enclosures shall meet minimum size and enrichment
standards.
(d) (1) It shall be unlawful for any person to breed raccoons in
captivity unless such person is licensed by the United States department of
agriculture for such purpose.
(2) The animal health commissioner shall establish a framework for
connecting permittees to such federally licensed raccoon breeders.
(e) (1) The animal health commissioner shall require applicants for a
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raccoon ownership permit to complete a brief educational program on
raccoon behavior, care and handling before issuing a permit to such
applicant. Any such educational program shall be offered by the
commissioner or by an animal welfare organization approved by the
commissioner.
(2) The commissioner shall implement public awareness campaigns
to educate Kansas residents about the needs, care and responsibilities
associated with owning a pet raccoon.
(f) The animal health commissioner or the commissioner's
representatives may inspect the premises and records of any permittee not
more than once each permit year, unless the commissioner has:
(1) Discovered a violation of this section; or
(2) received a complaint that such premises is not being operated,
managed or maintained in accordance with rules and regulations adopted
pursuant to this section.
(g) (1) In the event that a permittee is found unfit to care for such
permittee's raccoon, the animal health commissioner shall work with the
Kansas department of wildlife and parks, animal rescue organizations or
sanctuaries to find a suitable new home for the raccoon.
(2) If rehoming such raccoon is not possible or such raccoon's health
is in critical condition, euthanasia may be utilized in accordance with
current veterinary practices.
(h) (1) No city, county or other political subdivision of this state, or
any contractor thereof, shall regulate or restrict raccoon ownership in any
matter that is stricter than what is required by state law or rules and
regulations adopted by the secretary.
(2) Any existing or future law, ordinance, rule, regulation or
resolution prohibited by paragraph (1) shall be null and void.
(i) (1) The commissioner shall adopt rules and regulations regarding
application payments and to set fees at amounts that do not exceed the
following:
(A) For an initial application, $100;
(B) for an annual permit renewal, $250;
(C) for an initial facility inspection, $150;
(D) for a follow-up inspection, $75 per additional inspection;
(E) for a late renewal, $100; and
(F) for a permit transfer, $150.
(2) If a permittee violates the provisions of this section, resulting in
the seizure of the permittee's raccoon, a $1,000 fine shall be imposed to
cover the costs of rehoming and providing care for the raccoon.
(j) (1) In extraordinary circumstances, such as major illness,
unexpected loss of income or situations in which funds have been diverted
to cover the animal's acute medical care, a permittee may initiate an appeal
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or permit deferment process. The permittee shall submit a written request
to the animal health commissioner, on a form provided by the
commissioner, explaining the circumstances and providing any required
supporting documentation.
(2) If approved by the commissioner, a permit renewal fee may be
deferred for up to six months, allowing time for recovery or resolution of
the appplicable situation.
(3) If the circumstances indicate that it is in the best interest of the
raccoon to transfer ownership, the $150 transfer fee may be waived to
facilitate rehoming and ensure proper care of such raccoon.
(k) The animal health commissioner shall adopt rules and regulations
to implement the requirements of this section.
(l) As used in this section, "raccoon" means any animal that is wholly
or partially of the species Procyon lotor.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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