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As Amended by House Committee
As Amended by Senate Committee
Session of 2026
SENATE BILL No. 344
By Committee on Agriculture and Natural Resources
1-20
AN ACT concerning animals; relating to the pet animal act; authorizing
animal shelters to move certain neonate animals needing treatment or
care to a foster home; requiring shelters to display photographs of
animals at a location other than the shelter during a holding period;
requiring records of inspections to be maintained by the department
of agriculture division of animal health for not less than five years;
amending K.S.A. 47-1709 and 47-1710 and repealing the existing
section sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 47-1709 is hereby amended to read as follows: 47-
1709. (a) The commissioner or the commissioner's authorized, trained
representatives shall make an inspection of the premises for which an
application for an original license or permit is made under K.S.A. 47-
1701 et seq., and amendments thereto, before issuance of such license or
permit. No license or permit shall be issued by the commissioner to an
applicant described in this subsection until the premises for which
application is made has passed a licensing or permitting inspection. The
application for a license shall conclusively be deemed to be the consent
of the applicant to the right of entry and inspection of the premises
sought to be licensed or permitted by the commissioner or the
commissioner's authorized, trained representatives at reasonable times
with the owner or owner's representative present. Refusal of such entry
and inspection shall be grounds for denial of the license or permit.
Notice need not be given to any person prior to inspection.
(b) The commissioner or the commissioner's authorized, trained
representatives may inspect each premises for which a license or permit
has been issued under K.S.A. 47-1701 et seq ., and amendments thereto.
The acceptance of a license or permit shall conclusively be deemed to be
the consent of the licensee or permittee to the right of entry and
inspection of the licensed or permitted premises by the commissioner or
the commissioner's authorized, trained representatives at reasonable
times with the owner or owner's representative present. Refusal of such
entry and inspection shall be grounds for suspension or revocation of
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the license or permit. Notice shall not be given to any person prior to
inspection.
(c) The commissioner or the commissioner's authorized, trained
representatives shall make inspections of the premises of a person
required to be licensed or permitted under K.S.A. 47-1701 et seq ., and
amendments thereto, upon a determination by the commissioner that
there are reasonable grounds to believe that the person is violating the
provisions of K.S.A. 47-1701 et seq ., and amendments thereto, or rules
and regulations adopted thereunder or that there are grounds for
suspension or revocation of such person's license or permit.
(d) Any complaint filed with the commissioner shall be confidential
and shall not be released to any person other than employees of the
commissioner as necessary to carry out the duties of their employment.
(e) Any person making inspections under this section shall be
trained by the commissioner in reasonable standards of animal care.
(f) The commissioner may request a licensed veterinarian to assist
in any inspection or investigation made by the commissioner or the
commissioner's authorized representative under this section.
(g) Any person acting as the commissioner's authorized
representative for purposes of making inspections and conducting
investigations under this section who knowingly falsifies the results or
findings of any inspection or investigation or intentionally fails or
refuses to make an inspection or conduct an investigation pursuant to
this section shall be guilty of a class A nonperson misdemeanor.
(h) No person shall act as the commissioner's authorized
representative for the purposes of making inspections and conducting
investigations under this section if such person has a beneficial interest
in a person required to be licensed or permitted pursuant to K.S.A. 47-
1701 et seq., and amendments thereto.
(i) Records of inspections pursuant to this section shall be
maintained in the office of the Kansas department of agriculture
division of animal health. Records of a deficiency or violation shall not be
maintained for longer not less than three five years after the deficiency or
violation is remedied.
(j) The commissioner, in consultation with Kansas state university
college of veterinary medicine, shall:
(1) Continue procedures to provide for pet animal training or
updated training for authorized trained representatives who inspect
premises under the pet animal act and to allow the owners of such
facilities licensed or permitted under the pet animal act to attend and
participate at the training workshops for the authorized trained
representatives; and
(2) make available to such owners and other interested persons an
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SB 344—Am. by HC 3
inspection handbook describing the duties and responsibilities of such
authorized trained representatives.
(k) If the commissioner or the commissioner's authorized
representative is denied access to any location where such access is
sought for the purposes authorized under the Kansas pet animal act, the
commissioner may apply to any court of competent jurisdiction for an
administrative search warrant authorizing access to such location for
such purposes. Upon such application and a showing of cause therefore,
the court shall issue the search warrant for the purposes requested.
Section 1. Sec. 2. K.S.A. 47-1710 is hereby amended to read as
follows: 47-1710. (a) (1) An animal shall not be disposed of by an owner
or operator of a pound or of an animal shelter as a pound until after
expiration of a holding period that shall be a minimum of three full
business days of custody during which the public has clear access to
inspect and recover the animal through time periods ordinarily accepted as
usual business hours. During such time of custody holding period , any
owner or operator of such facility shall attempt to notify the owner or
custodian of any animal maintained or impounded by such facility if such
owner or custodian is known or reasonably ascertainable. Such an animal
may at any time be:
(A) Released to the legal owner,;
(B) moved to a veterinary hospital for treatment or observation,;
(C) moved to a foster home, if the animal is sick, injured or a neonate
needing treatment or care that the shelter cannot provide;
(D) released in any manner, if such animal was a gift animal to an
animal shelter,; or
(E) euthanized by a duly incorporated humane society or by a
licensed veterinarian if it appears to an officer of such humane society or
to such veterinarian that the animal is diseased or disabled beyond
recovery for any useful purpose.
(2) During the holding period established in paragraph (1), a
photograph of an animal that is at a location other than the shelter shall
be displayed at the shelter and on the shelter's website, if the shelter has a
website.
(b) After the expiration of the holding period established in
subsection (a)(1), the governing body of a political subdivision regulating
the operation of a pound shall have ownership of such animal and shall
determine the method of disposition of any animal. Any pound releasing
live animals to prospective owners shall comply with the provisions
established in of K.S.A. 47-1731, and amendments thereto. Any such
proceeds derived from the sale or other disposition of such animals shall
be paid directly to the treasurer of the political subdivision, and no part of
such proceeds shall accrue to any individual.
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(c) After the expiration of the holding period established in
subsection (a)(1), the board of directors of any humane society operating
an animal shelter as a pound, shall have ownership of such animal and
shall determine the method of disposition of any animal. Any animal
shelter releasing live animals to prospective owners shall comply with the
provisions established in of K.S.A. 47-1731, and amendments thereto. Any
such proceeds derived from such sale or disposition shall be paid directly
to the treasurer of the humane society and no part of such proceeds shall
accrue to any individual.
(d) As used in this section, "neonate" means a newborn animal
that is less than eight weeks of age and dependent on such animal's
mother or a caregiver due to undeveloped biological functions related to
feeding, regulation of body temperature and elimination of waste.
Sec. 2. 3. K.S.A. 47-1709 and 47-1710 is are hereby repealed.
Sec. 3. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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