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Session of 2026
HOUSE BILL No. 2698
By Committee on Commerce, Labor and Economic Development
Requested by Jason Watkins on behalf of Sedgwick County
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AN ACT concerning counties; relating to seizures of animals; providing
for permanent seizures of animals in instances when the owner violates
county resolutions; authorizing judges of competent jurisdiction to
order such seizures; amending K.S.A. 19-101d and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) If the owner of an animal is found guilty by a
court of competent jurisdiction of violating any resolution passed by the
board of county commissioners regarding animal care, custody or control,
then, if authorized by a resolution, and in addition to any other penalties
imposed, such court may order that such animal not be returned to or
remain with such owner of such animal, if the court finds that such animal:
(1) Displayed behaviors that present a substantial threat to public
health, safety or welfare;
(2) would in the future be subjected to treatment or actions by the
owner in violation of any resolutions regarding care, custody or control of
such animal; or
(3) is an animal prohibited to be kept within the county pursuant to a
county resolution.
(b) If, as provided in subsection (a), the court finds that an animal
should not be returned to or remain with the owner of such animal, such
animal may be ordered to be disposed of in the manner provided by
resolution of the board of county commissioners and ordered by the court.
(c) As used in this section:
(1) "Animal" means any vertebrate or invertebrate organism of the
kingdom animalia, such as, but not limited to, dogs, cats, nonhuman
primates, rabbits and any mammal of any size, fowl such as chickens,
ducks, geese, turkeys or pigeons and any other kind of bird, reptiles, fish
or bees. "Animal" includes any such animal whether tamed or
domesticated or untamed or held in captivity. "Animal" does not include
livestock as defined in K.S.A. 47-120(b), and amendments thereto.
(2) "Dog" means any animal that is wholly or in part of the species
canis familiaris.
(3) "Cat" means an animal that is wholly or in part of the species felis
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domesticus.
(4) "Owner" means any person who possesses, harbors, keeps, feeds,
shelters, maintains, offers refuge or asylum to any animal or who professes
to keeping, owning or harboring of such animal. Any person who signs a
receipt as owner, keeper or harborer for the return of an animal from any
shelter or animal holding facility, shall be presumed to be the owner of
such animal. A parent or legal guardian shall be deemed to be an owner of
animals owned, kept or harbored upon their premises by minor children
who are less than 18 years of age. "Owner" includes any person who
exercises control over or is in possession of any such animal.
(d) Nothing in this section shall be construed to limit the authority of
the board of county commissioners to engage in any other method of
enforcement of resolutions available under the law.
Sec. 2. K.S.A. 19-101d is hereby amended to read as follows: 19-
101d. (a) (1) The board of county commissioners of any county shall have
the power to enforce all resolutions passed pursuant to county home rule
powers, as designated by K.S.A. 19-101c, and amendments thereto.
Resolutions may be enforced by enjoining violations, by prescribing
penalties for violations by fine, by confinement in the county jail or by
both fine and confinement or as otherwise provided by section 1, and
amendments thereto. Unless otherwise provided by the resolution that
defines and makes punishable the violation of such resolution, the penalty
imposed shall be in accordance with the penalties established by law for
conviction of a class C misdemeanor. In no event shall the penalty
imposed for the violation of a resolution exceed the penalties established
by law for conviction of a class B misdemeanor.
(2) Prosecution for any violation shall be commenced in the district
court in the name of the county and, except as provided in subsection (b),
shall be conducted in the manner provided by law for the prosecution of
misdemeanor violations of state laws. Writs and process necessary for the
prosecution of such violations shall be in the form prescribed by the judge
or judges of the courts vested with jurisdiction of such violations by this
act, and shall be substantially in the form of writs and process issued for
the prosecution of misdemeanor violations of state laws. Each county shall
provide all necessary supplies, forms and records at its own expense.
(b) (1) In addition to all other procedures authorized for the
enforcement of county codes and resolutions, in Crawford, Douglas,
Franklin, Jefferson, Johnson, Leavenworth, Miami, Riley, Sedgwick,
Shawnee and Wyandotte counties, the prosecution for violation of codes
and resolutions adopted by the board of county commissioners may be
commenced in the district court in the name of the county and may be
conducted, except as otherwise provided in this section, in the manner
provided for and in accordance with the provisions of the code for the
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enforcement of county codes and resolutions.
(2) The board of county commissioners of any county which has not
provided for the enforcement of county codes and resolutions in
accordance with provisions of the code for enforcement of county codes
and resolutions on or before July 1, 2007, and which desires to utilize the
provisions of the code for enforcement of county codes and resolutions set
forth in article 47 of chapter 19 of the Kansas Statutes Annotated, and
amendments thereto, shall cause a notice of its intention to utilize the
provisions of the code for enforcement of county codes and resolutions set
forth in article 47 of chapter 19 of the Kansas Statutes Annotated, and
amendments thereto, be published in the official newspaper of the county.
If within 30 days next following the date of the publication of such notice
a petition, signed by electors equal in number to not less than 5% of the
electors of the county, requesting an election thereon, shall be filed in the
office of the county election officer, no utilization of the provisions of the
code for enforcement of county codes and resolutions set forth in article 47
of chapter 19 of the Kansas Statutes Annotated, and amendments thereto,
may be made without such proposition having first been submitted to and
having been approved by a majority of the electors of the county voting at
an election called and held thereon. Any election shall be called, noticed
and held in the manner provided by K.S.A. 10-120, and amendments
thereto.
(3) For the purposes of aiding in the enforcement of county codes and
resolutions, the board of county commissioners may employ or appoint
code enforcement officers for the county who shall have power to sign,
issue and execute notices to appear and uniform citations or uniform
complaints and notices to appear, as provided in the appendix of forms of
the code contained in this act to enforce violations of county codes and
resolutions, but shall have no power to issue warrants or make arrests. All
warrants shall be issued and arrests made by law enforcement officers
pursuant to and in the manner provided in the Kansas criminal code.
(4) The board of county commissioners may employ or appoint
attorneys for the purpose of prosecuting actions for the enforcement of
county codes and resolutions. The attorneys shall have the duties, powers
and authorities provided by the board that are necessary to prosecute
actions under the code.
(5) All costs for the enforcement and prosecution of violations of
county codes and resolutions, except for compensation and expenses of the
district court judge, shall be paid from the revenues of the county. The
board of county commissioners may establish a special law enforcement
fund for the purpose of paying for the costs of code enforcement within the
county.
(c) Notwithstanding the provisions of subsection (b), any action
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commenced in the district court for the enforcement of county codes and
resolutions, in which a person may be subject to detention or arrest or in
which an accused person, if found guilty, would or might be deprived of
the person's liberty, shall be conducted in the manner provided by law for
the prosecution of misdemeanor violations of state laws under the Kansas
code of criminal procedure and not under the code for the enforcement of
county codes and resolutions.
Sec. 3. K.S.A. 19-101d is hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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