KANSAS: OPPOSE HB 2097/SB47: Unconstitutional breeder bills which take away due process
HB 2097 and SB 47 which amend the Kansas Pet Animal Act are duplicate bills containing language we have found to be unconstitutional, allowing for overreach of power as follows:
- Changes requirements for licensing from 6 litters per year or 30 animals to 3 litters per year or 30 animals.
- Contains vague terminology with no definition for "inadequate" or "adequate."
- Violations at city, county, and federal level for anything under vague "animal cruelty" definitions can be used to revoke a breeders' license.
- Changes "may" to "shall" requiring inspections and frequency schedule of inspections which can be different for each breeder.
- Mandates that inspection records be retained forever, instead of for 3 years -- allowing for the potential release of private information that could be used against licensees.
- Eliminates classifications of "hobby," "retail," and "wholesale" breeders. All would be classified as "breeders."
- HB 2097 and SB 47 create a violation of Constitutional right to due process by allowing authorization of The Commissioner to seize or impound animals without obtaining a legal warrant.
- HB 2097 and SB 47 violate Constitutional right to due process and citizens 4th, 5th, and 14th Amendment rights by requiring animal owners to pay cost of care and services provided during the seizure and impoundment of animal before the accused is adjudicated in a court of law.
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