SESSION OF 2024
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2543
As Amended by Senate Committee on
Agriculture and Natural Resources
Brief*
HB 2543, as amended, would amend the process for
applying for and registering a livestock brand with the State
and increase the fee related to brand registration and
renewal.
[Note: Brands must be registered with the State before
use. They may be used on cattle and horses, designed using
approved characters, and are registered to be used on one of
six locations on an animal: left or right hip, left or right rib, or
left or right shoulder.]
The bill would require a separate application and
registration fee for each brand to be registered or approved.
Upon application for a brand, the bill would require the
Animal Health Commissioner (Commissioner) and the
Kansas Department of Agriculture (KDA) to determine
whether the brand is available for use and registration and
require the registrant, within 60 days of the notice of approval
being sent by the Commissioner, to remit the brand
registration fee. Upon approval, the bill would provide that a
certificate of brand title would be provided upon payment of
the brand registration fee. The bill would prohibit the use of a
brand if a certificate of brand title has not been issued, and
any such use would be subject to penalties as provided in
KSA 47-421, and amendments thereto.
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*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
In current law, the cap on the brand registration fee is
$55. The bill would modify the fee cap to an amount not to
exceed $100 for the total of the registration fee, application
fee, and renewal fee. If the fee is not paid as required by the
bill, the Commissioner could deny the application.
Once approved, a brand registration is recorded for a
five-year period, at which time a renewal is required. The bill
would require each person wanting to renew a brand
certificate title held by such person, upon the expiration of the
recording period, to remit a renewal fee to the Commissioner.
The bill would clarify that the use of a forfeited brand is
unlawful and would be subject to penalties as provided in
KSA 47-421, and amendments thereto.
The bill would also make technical and conforming
amendments.
Background
The bill was introduced by the House Committee on
Agriculture and Natural Resources at the request of a
representative of the KDA.
House Committee on Agriculture and Natural Resources
In the House Committee hearing, proponent testimony
was provided by representatives of the KDA and Kansas
Livestock Association. The proponents stated the new
registration fee could possibly deter people from submitting
multiple brand applications without the intent of moving
forward in the brand registration process, and that distinct
brands aid in the search for lost or stolen livestock.
Written-only proponent testimony was provided by a
representative of the Kansas Farm Bureau.
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No other testimony was provided.
Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing, proponent testimony
was provided by representatives of the KDA and Kansas
Livestock Association. The proponents stated the bill would
help cover research costs, ensure applicants are invested in
registering a brand, keep the program at self-sustaining
funding levels, aid law enforcement in investigating and
solving livestock theft cases, and help animal health officials
trace and control disease outbreaks.
Written-only proponent testimony was provided by a
representative of Kansas Farm Bureau.
No other testimony was provided.
The Senate Committee amended the bill to:
● Require remittance of the brand registration fee
within 60 days of the notice of approval being sent
by the Commissioner;
● Modify the fee cap for the total of the the
registration fee, application fee, and renewal fee to
an amount not to exceed $100;
● Clarify that only persons wanting to renew a brand
certificate title held by such person would be
required to remit a renewal fee to the
Commissioner upon expiration of the recording
period; and
● Clarify that unlawful use of a brand that has not
been issued or has been forfeited would be subject
to the penalties provided in KSA 47-421.
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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the KDA indicates
enactment of the bill would generate additional revenue of
$252,500 in both FY 2025 and FY 2026 for KDA’s Livestock
and Brand Inspection Fee Fund.
The KDA estimates it would receive approximately 1,500
new livestock brand applications in both FY 2025 and FY
2026 and would propose a $5 application fee. The proposed
fee would generate $7,500 in new fee revenue in both FY
2025 and FY 2026. The KDA estimates it would receive a
total of 3,500 livestock brand registrations or renewals in both
FY 2025 and FY 2026 based on historical averages and
would propose to increase the registration and renewal fee to
$70. The proposed fees would generate $245,000 in
additional fee revenue in both FY 2025 and FY 2026.
The KDA indicates previous fee revenue has not
covered expenses of the program and estimates the
proposed fee revenue would cover program costs in FY 2025
and FY 2026. The KDA estimates total program expenditures
of $245,000 in FY 2025 and $252,670 in FY 2026 on
contractual services for brand investigators, administrative
and tag expenses, equipment, repairs, and education. Any
fiscal effect associated with the bill is not reflected in The FY
2025 Governor’s Budget Report.
Agriculture; brands; branding; livestock; Kansas Department of Agriculture
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Statutes affected: As introduced: 47-417
As Amended by Senate Committee: 47-417